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HomeMy WebLinkAbout2003 - 1st Read O-03-16My(A HOME Of PEUCAN tSiAND City of Sebastian, Florida Subject: First reading of Ordinance No. 0-03- Agenda No. 0 3. 1 16; land use amendment for a proposed 115 -acre private subdivision situated along Powerline Road Department Origin: Growth Management south of Barber Street and north of CR 510 Tracy E. Hass adjacent to Sebastian Highlands Unit 11, and 14,01 known as Cross Creek Subdivision. Date Submitted: December 4, 2003 roved f r Submittal by: For Agenda of: December 17, 2003 xhibits:rdinance No. 0-03-16,-8eee�air, Location Map, and P&Z recommendation, Application. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is R (Residential lunit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. As proposed, Cross Creek will contain 150 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. Although details of the subdivision have been provided herein, this application entails only review for consistency with the land use element of the comprehensive development plan. Further details regarding specific site development plans will be provided during the rezoning/conceptual development plan review to follow upon completion of the Department of Community Affairs review of this application. However, please feel free to contact Growth Management staff should you have any question with regards to this application, or should you desire to review the conceptual development plan. RECOMMENDED ACTION Conduct first public hearing. Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be conducted. "Move to pass Ordinance No 0-03-16 on first reading for transmittal to the Department of Community Affairs." 1. 2. 3. 4. 5 a 7. I arc O SEIDASTKN Z� =� HOME OF PELICAN ISLAND Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Cross Creek Subdivision Requested Action: Land Use Change from R (County — 1 unit/acre) to LDR Project Location a. Address: Powerline Road South of Barber/north of CR 510. b. Legal: See survey C. Indian River County Parcel Number: 31-39-30-00000-3000-00002.0 31-39-30-00000-5000-00001.0 Project Owner: Henry A Fischer P.O. Box 780068 Sebastian, Florida 32978 (772) 589-3159 fax: (772) 589-7731 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 Project Engineer: Mosby & Associates, Inc. 245514 1h Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772)-778-3617 Project Surveyor: James A. Fowler 9297 1h Avenue P.O. Box 1677 Vero Beach, Florida 32960 (772) 562-4744 fax: (772) 562-0963 Project Description a. Narrative of proposed action: Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated along 1 Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is R (Residential 1 unit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. In addition, Shakespeare Street on the west side of the project will be expanded to a two-lane roadway within a 50' right- of-way, whereas Shakespeare is currently a substandard single lane roadway. 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: 115 acres (2) Current Land Use(s): Sand Mine (3) Soil: Oldsmar, Pepper (4) Vegetation: Cleared, Palm, Oak (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (Water Main) (7) Sanitary Sewer Service: Indian River County Utilities (Forcemain) (8) Parks: Barber Street — 3/4 mile (9) Police/Fire: Sebastian Police 4 miles County Fire — 3/4 miles ON 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent 10. Conformance with Code of Ordinances: Consistent 11. Changed Conditions: Site was utilized for a sand mining operation, with proposed change to single-family residential. 12. Land Use Compatibility: The adjacent properties to the north, east and west are designated low density residential, while the property immediately south is designated for low density residential within the County. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Additionally, the infrastructure improvements slated as an element of the proposed project will enhance the viability and sustainability of the area. 13. Adequate Public Facilities: Provided — public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and the existing lake will double a stormwater detention basin. 14. Natural Environment: The proposed Subdivision will contain the requisite open space as required by land development regulations. 15. Economic Effect: provided — The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 115 +/- acres of land area with an additional 150 residential units, which in tum creates an expanded tax base for the City of Sebastian. 16. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. r 17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave (although adjacent on three sides to City boundaries), it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for sand mining purposes. The City no longer permits sand mining operations, and the proposed change to a single-family residential is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is R (Residential 1 unit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. In addition, Shakespeare Street on the west side of the project will be expanded to a two- lane roadway within a 50' right-of-way, whereas Shakespeare is currently a substandard single lane roadway. 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 /EDBY ity Council. PA conditioned upon receipt of annexation approval by 0 DAT pUN)� >4 �bIQNI+ F 59fip�E° 3! 'Ei'sFh9i��l� soy IUJIM i$ n iil PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 • Mr. Stringer then advised the commission to make a motion for another land use category because if it is annexed it must have a city land use category. He detailed the various land use categories. MOTION by Monier/Blessing "I would like to reiter, e my motion [to recommend to city ncil] the create a land use for the Ashbury Subdiv ion to LDR" There was discussion abo land use and zoning ca gories. Mr. Stringer advised the commission if the land were ought in without a 1 d use category established it would come in at the closest corresp ding city land u e category. In this case it would be multi -family because the current unty land e allows 6 units per acre and our multi- family category would be the close Roll Call: Mr. Allocco no Chmn Smith ye Mr. Seeley Mr. Blessi _ ye The vote was 5-2. Motion c�aeried. Mr. Faille yes Mr. Mahoney no Ms. Monier yes MOTION by Mahoney/B ssing "I make a motion th we [recommend to city council] rezone 1 to PUD -R] with a • minimum of 7,50 square foot lots with 7 '/2 ' side setbacks an 60' lot frontage" Roll Call: Mr. Faille yes Mr. Mahoney yes Mr. Blessing yes Ms. Monier yes The vote was 7-0. Motion carried. Mr. Allocco yes Chmn Smith yes Mr. Seeley yes D. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE MAP AMENDMENT/REZONING — CROSS CREEK SUBDIVISION Mr. Warren Dill, 1565 U.S. #1, Sebastian, Florida represented the applicants, Mr. Hank Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates, Vero Beach, Florida. Mr. Dill described the property location, 115 acres, 150 single family lots, 85' X 135', 13,000 sq. ft. The lots on the cul-de-sac are almost half acre. The density is 1.3 units per acre, proposing private streets with 50' right -of way curb and gutter, and sidewalks on both sides. Powerline Road will be paved to access this property. County water and sewer is available, storm water will be kept on site and no obligation on the city for maintenance of drainage. Land use is compatible with surrounding area. Mr. Hass added that the property is currently being used as an active sand mine, which will cease operation this year. In the event that the Powedine Road access is not able to occur the alternative access point will be Shakespeare. • Mr. Mahoney was concerned about who would be responsible for paving Powerline Road and Mr. Hass said it is being negotiated. Mr. Allocco asked if the large cement 5 LJ • PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 poles would be a problem on Powerline Road and Mr. Dill said the driving surface is to the east of th4e poles and they would not present a problem for road construction. The commissioners agreed this was a well -presented project. The following people spoke: Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida very pleased with the proposal as long as they do not use Shakespeare as the main entrance to the site. Mickey Groepler, Sebastian, Florida asked where the lake came from and Mr. Dill said the lake was created as a result of the sand mine operation. Dot Weathers, 1781 Barber Street, Sebastian, Florida concerned about traffic on Powerline Road. Anna Roessler, 1745 Skyline Lane, Sebastian, Florida wanted to know if the buffer zone will be maintained. Zipolitto, Filbert Street, Sebastian, Florida said he received a letter requesting 35' of his property for the road work and wondered why it wasn't taken from the west side of the road instead. Mr. Stringer explained that Powerline Road is a good way to get from the Highlands to 510, which has been a safety issue at the Metropolitan Planning Organization. Kathy Woolsey, 8625 70`h Avenue, concerned about traffic and development. Richard Scurlock, 1190 Barber Street, Sebastian, Florida in favor of no development and no growth. Mr. Dan Spencer, 901h Avenue, was a citrus grower for 20 years and if the economy could support his business to continue it would. Mr. Mahoney asked for a clarification of the staff notation, "rezoning shall be conditioned upon receipt of annexation approval by the city council." Mr. Stringer interjected that it doesn't take effect unless the city annexes it. MOTION by Blessing/Allocco 1 make a motion [to recommend to city council] that the land use change from R County to LDR for the Cross Creek subdivision by accepted and approve the rezoning from Al to RS -10 for the Cross Creek subdivision." Roll Call: Mr. Faille yes Mr. Mahoney yes Mr. Blessing yes Ms. Monier yes The vote was 7-0. Both motions carried. C Mr. Allocco yes Chmn Smith yes Mr. Seeley (a) yes Permit Application No. MIT SEBAS?"N City of Sebastian HOME OF PEE Development Order Application Applicant If not owner, written authorization notarized from owner is required) Name: HenryAndrew Fischer Address: P-0. Box 780068, Sebastian, FL 7 Phone Number: ( 772) 589-3-159 FAX Number: (772 ) 589-7731 E -Mail: N/A Owner if different from applicant) Name: 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: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): CROSS CREEK, a subdivision B. Site Information Address: See attached Warranty Deeds Lot: Block: Unit: Subdivision: Indian River County Parcel #: Fischer Property 30-31-39-00000-3000-0000.2/0 Zoning Classification: Indian River County A-1 uture Land Use: Indian River County - R Existing Use: Vacant Proposed Use: Residential Subdivision C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Annexation of the property into the City and residential development under the Future Land Use Map classification of LDR with RS -10 zoning. DATE RECEIVED: 7 /'N/ o.3 FEE PAID: $I' S 0 RECEIVED BY: L Permit Application No. D. Project Personnel: Agent: Name: Warren W. ill Address ll & Evans, P.L. 1515 U.S. Highway 1 Suite 201 Sebastian, FL 32958 Phone Number: ( 772) 589-1212 FAX Number: ( 772) 589 -5212 E -Mail: Attorney: Name: Same as Agent. Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Mosby & Associates INc. (for subdivision) Address 2451) - 14th Avenue, Vero Beach FL 32960 Phone Number: ( 772) 569- 0035 FAX Number: ( 772) 778-3617 E -Mail: Surveyor: Name: James A. Fowler Address 929 - 7th Avenue - P.O. Box 1677 Vero Beach, FL 32961 Phone Number:( 772) 562-4744 FAX Number: ( 772 ) 562-0963 E -Mail: N/A I, Warren W_ Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO T , BEST OF KNOWLEDGE AND BELIEF. /;,-"z 3 0� IGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill WHO IS PERSONALLY KNnUiN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF July, _,2003 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: Diana C Hill MY COMMISSION # DD043145 EXPIRES o September 7, 2005 INC BONDED THRU TROY FAIN INSURANCE 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. IME HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGE T, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. �y , . / Z-;,3 �3 9�6kATURE DATE Sworn to and subscribed before me by Warren W. Dill who i!ipersonally known to me or produced as identification, this day of July , 20 0 Notary's Signature Printed Name of Notary Commission No./Expiration Seal: ' ; Y W" Diana C Hill MYCOMMISSION# DD043145 EXPIRES September 7, 2005 BONDED THRU TROY FAIN INSURANCZ INC Permit Application No. 'W, D0 N Supplemental Information Comprehensive Plan Amendment (Land Use) HOME of PELICAN ISLAND ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: Indian River County R - Residentia. 2. Proposed land use map designation: Sebastian Low Density Residential (LDR) 3. Size of project in acres: Fischer 79.8 acres/Trust 35.4 acres 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. This application is consistent with the City's annexatx40__ policy and Comprehensive Plan and will not have any adverse _ 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes _ 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? The City has an annexation policy within the geographic area adjacent to the City which includes this property. _ 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? The proposed Amendment is compatible with the City's land uses surrounding this property on three sides. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? All public facilities are adequate. The road to the development will be paved to its entrance. 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No. The 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 effe from this development. This development will enhance the value of the property and thus increase the tax revenue of t 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes. The development is contiguous with the citylimits on -three sides and will result in a logical 13. Attached the following: _ a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being requested. city.