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HomeMy WebLinkAbout2005 01 05 - First Reading of Ordinancerm or t HOME Or PELICAN ISLAND of Sebastian, Florida Subject: First reading of Ordinance No. 0- 05-02; land use amendment for a proposed 46 -acre private subdivision situated along Gardenia Street north of San Sebastian Springs Subdivision. Approved for Submittal by: City Manager Terrence R. Moore Agenda No. Department Origin: Growth Purchasing/Contracting:_ Finance Director: City Attorney: City Clerk: Date Submitted: January 05, 2005 For Agenda of January 12, 2005 Exhibits: Ordinance No. 0-05-02, Location Map, Staff Report, Application. P&Z recommendation. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None SUMMARY APPROPRIATION REQUIRED: None The Russell Family Limited Partnership filed an application for.annexation of a 46 -acre parcel of land immediately north of San Sebastian Springs Subdivision, which is located north of County Road 512 along the banks of the St. Sebastian River. The property is currently zoned A-1 (Agricultural) with a C-3 (Conservation, 1 unit/2.5acres) land use designation with a request to re -zone the property to RS -10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). A conceptual subdivision plan submitted concurrent with the land use application reflects incorporation of 71 single-family lots on 46.1 acres, for a proposed density of approximately 1.54 units/acre, whereas the low-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to Gardenia Street along the southeastern quadrant of the property, with an emergency access to Gardenia at the intersection of Potomac Avenue along the northeast comer. Applicant will be required to reconstruct Gardenia Street to a full two-lane roadway as an element of required subdivision improvements. RECOMMENDED ACTION Conduct first public hearing. Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to /'S the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be conducted. "Move to pass Ordinance No 0-05-02 on first reading for transmittal to the Department of Community Affairs." Growth Management Department Comprehensive Plan Amendment Application Staff Report 1. Project Name: Cypress Bend Subdivision 2. Requested Action: Land Use Change from C-3 (County) to LDR 3. Project Location a. Address: North of San Sebastian Springs. b. Legal: See survey C. Indian River County Parcel Number: 14-31-38-00000-3000-00004.0 4. Project Owner: Virginia Walker Russell Family Limited Partnership 17 Crown Court Fort Pierce, Florida 34949 (772) 429-2300 fax: (772) 429-0220 5. Project Agent: Hugh Russell Same as above 6. Project Engineer: Masteller & Moler, Inc. 2205 14'" Avenue Vero Beach, Florida 32960 772-567-5300 fax: (772) 794-1106 7. Project Surveyor: Carter Associates, Inc. 1708 21st Street Vero Beach, Florida 32960 (772)562-4191 fax: (772) 562-7180 8. Project Description a. Narrative of proposed action: The Russell Family Limited Partnership filed an application for annexation of a 46 -acre parcel of land immediately north of San Sebastian Springs Subdivision, which is located north of County Road 512 along the banks of the St. Sebastian River. The property is currently zoned A-1 ^ (Agricultural) with a C-3 (Conservation, 1 unit/2.5acres) land use designation with a request to re -zone the property to RS -10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). A :a C. 0 conceptual subdivision plan submitted concurrent with the land use application reflects incorporation of 71 single-family lots on 46.1 acres, for a proposed density of approximately 1.54 units/acre, whereas the low-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to Gardenia Street along the southeastern quadrant of the property, with an emergency access to Gardenia at the intersection of Potomac Avenue along the northeast corner. Applicant will be required to reconstruct Gardenia Street to a full two- lane roadway as an element of required subdivision improvements. Current Zoning Adjacent Properties A-1 (County -Agriculture) d. Site Characteristics (1) Zoning Current Land Use Future Land Use Current Land Use(s): North: A-1 Boy Scout Camp C-3 East: RS -10 Single-family residential LD South: RS -20 Single-family residential LD West: CON -1 River Preserve PUB (Public) d. Site Characteristics (1) Total Acreage: 46.1 acres (2) Current Land Use(s): Vacant (3) Soil: Oldsmar (4) Vegetation: Citrus (5) Flood Hazard: Zone X, AE (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park— 1/2 mile (9) Police/Fire: Sebastian Police 3 miles County Fire — 2 miles Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent 2 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: Existing site is undeveloped agricultural property, with a proposed change to single-family residential. 12. Land Use Compatibility: Property to the south is a private deed restricted and gated community consisting of %nacre minimum lots, while the property to the east is north is typical Sebastian Highlands development on''% -acre lots. The proposed land use change to low density is consistent with adjoining properties and provides conservation of sensitive lands immediately adjacent to the St. Sebastian River preserve west of the subject /► property. 13. Adequate Public Facilities: Provided — public utilities (water, wastewater) will be incorporated within the development of the proposed subdivision, and on-site stormwater tracts are also incorporated in the proposal. 14. Natural Environment: The proposed subdivision will contain the requisite open space as required by land development regulations. In addition, the proposal includes preservation of sensitive environmental lands along the St. Sebastian River preserve. 15. Economic Effect: provided — The property is not within the corporate limits of the City of Sebastian. Annexation will provide additional 46+/- acres of land area with a proposal for a maximum of 71 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 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, 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 agricultural purposes. The City does not permit agricultural uses and the proposed change to a single-family development is consistent with the future goals and objectives of the City of 3 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 parcel 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: The Russell Family Limited Partnership filed an application for annexation of a 46 -acre parcel of land immediately north of San Sebastian Springs Subdivision, which is located north of County Road 512 along the banks of the St. Sebastian River. The property is currently zoned A-1 (Agricultural) with a C-3 (Conservation, 1 unit/2.5acres) land use designation with a request to re -zone the property to RS -10 (10,000 SF minimum lot size) with a comprehensive land use designation of LDR (low density residential). A conceptual subdivision plan submitted concurrent with the land use application reflects incorporation of 71 single-family lots on 46.1 acres, for a proposed density of approximately 1.54 units/acre, whereas the low-density residential land use category permits a maximum of 5 units per acre. The primary point of ingress and egress will be a direct connection to Gardenia Street "Ok, along the southeastern quadrant of the property, with an emergency access to Gardenia at the intersection of Potomac Avenue along the northeast corner. Applicant will be required to reconstruct Gardenia Street to a full two-lane roadway as an element of required subdivision improvements. 20. Conclusion: The requested land use change from C-3 (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 subject to the following: 1. The land use change shall be conditioned upon receipt of annexation approval by the City Cc cil. /� CS as— PREW9b By DATE Iv' Permit Application No. mn SETu�N City of Sebastian NOME OF PEUGW ISLVlD Development Order Annlication Applicant If not owner, written authorization notarized from owner is re uired Name: Ownle, G1 alktr ieteoe l l nab Address: H/ y� /Oci rs+IL / . C Subdivision: Phone Number: ( ) FAX N ber: ( ) r/ ODD ao ddod 9t E -Mail: A /-Us e ZeI16,0uyW. br_t�- Future Land Use: e-.3 Existing Use: / C%117�/J�ig 1429 ✓'C Owner If different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( ) E -Mail: Title of permit or action requested: k.AW uS E CtN(y-� 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):r,6D B. Site Information Address: d nab I/ A ; H/ y� /Oci rs+IL Lot: Block: Unit: Subdivision: Indian River County Parcel #: ILI r/ ODD ao ddod 9t Zoning Classification: Future Land Use: e-.3 Existing Use: / C%117�/J�ig 1429 ✓'C Proposed Use: — I eali/ , y1 C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: J_/ DFEE PAID: $ 0 RECEIVED �3� A' N Permit Application No. D. Project Personnel: Agent: Name: sse l Address17 Coe ' Phone Number: ( ) 3Z S � Sp FAX tuber: , h e� ( ) 2-W Attorney: Attorne : Name: D Address p Phone Number: ) E -Mail: Cvo k FAX Number: � Engineer: Name: Address Phone Number: ( ) FAX Number: ( ) E -Mail: Surveyor: Name: Address Phone Number: ( ) - FAX Number: E -Mail: 1, !/i JM1G KU�C 11 FL. P , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT:AM THE OWNER _ I AM TH LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS PPLICATION, AND T L THE INFORMATION, MAPS, DATA AND/OASTCHESPROV.1DED IN THIS APPLICATION ARE AC URF,TE AND T EBESTOFMY�p1OWLEDGE AND BELIEF.70RN URE �1 /7 D/1 TO AND SUBSCRIBED BEFORE ME BY WHO IS ERSONALLY KNOWN 0 ME OR PRODUCED AS IDENTIFICATION, THIS1a._ DAY OF , 20_x/. NOTARY'S SIGNATURE ��// n 00W*A1 PRINTED NAME OF NOTARY _ L COMMISSION No./EXPIRATION SEAL: , ".0, %4y'F.,- Wanda 7. Walker MYCOMMMSION# CC987315 EX%RES += March 14, 2005 1 OONDED MAU TROY FAUN D RURANCL 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. IIWE, V THE OWNER(S) / _ 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 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 IME 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 AIVER AND CO�9EN IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT ASA RESULT OF ANY COERCION APPLIED, OR P ).SES MADE, BY PLOY„AGENT, CONTRACTOR OR OFFACIAL OF THE CITY OF SEBASTIAN. 'SIGN(7E 64 r /'+�/ DATE Swo to and sub (/ d before me by / i'r , ,'n : c{ vSSe/� who is personall*-t9wpho me or produced as identification, this I A day of 200 l. Notary's Signature Printed Name of Notary #o.*,,, Commission No./Expiration Seal: Wanda 1 Walker MYCOMMISSIONB CC987315 OMS 3 March 14, 2005 � �� - DONDRD THRU TROY FAIN IN$URAN[F, INC r� Permit Application No. SET Supplemental Information HOME OF PELICAN ISMD Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. _ 1. Current land use map designation: (', 3 /d flAzraei T —2. Proposed land use map designation: L 40 r\ W % 1"", 1M /�tr 3. Size of project in acres: f ( 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. _ALVAtf 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 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? 8. Is the proposed amendmentcompatiblewith the existing or future land uses of co the city? If not, why not? �l e 5 _ 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? !,e B-zn AJC p nG/ 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. 40. MC L'[cM` 411 M f Q•rYA 5 ayz� tiue�— �JK/ /�aSep( Dh Coor�:a� P j f vJ �rv�C Gyri SGC�i �i'o .� a I-er A Y cl �ec�i t? S. ere T� (P�✓/e( Cil/ 7N4e, fe Alce W Cjo.r„r N H r /M%k 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. Alai X/ir ��, 6p�`rtPs;y„ ,,-,k 12. Does the proposed amendment result in an orderly development pattern? If I1 not, describe. �e /v .4, 01A-,;11 andC&wAly IARM Cdy e�z2%► cel, 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 PLANNING AND ZONING COMMISSION 101 MINUTES OF REGULAR MEETING OF JULY 15, 2004 "I make a motion that we approve the site plan for the Shoppes of Sebastian, Publix in particular." 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. MOTION by Keough/Allocco "I make a motion [that we approve] the conditional use permit for a commercial building over 20,000 square feet." ROLL CALL: Mr. Faille yes Mr. Allocco yes Chmn Smith yes Mr. Keough yes Mr. Mahoney yes Mr. Paul yes Mr. Seeley yes The vote was 7-0. Motion carried. C. Public Hearing — Recommendation to City Council — Request for Rezone (A-1 County to RS -10) and Amendment to Comprehensive Plan Future Land Use Map (C-3 County to LDR) for Annexation of 46 Acres West of Gardenia Street and Dolphin Avenue — Cypress Bend Subdivision Chmn Smith opened the public hearing at 7:47 p.m. Mr. Earl Masteller, 2205 14'" Avenue, Vero Beach, Florida presented the application. He presented a plan that showed five more lots than the original proposal, bringing the total to 71 lots and a density of 1.54 units/acre. The average lot is 100'X 135'. The site will have a storm water management tract. The access is off Gardenia and this will be a gated community. There was discussion regarding the proposed buffer between the lots and the St. Sebastian River. Mr. Hass added that the only issue before the commission is the land use and zone designation. He added that Gardenia Street would be widened by the developer to a two lane/two-way road. The following people spoke: Steve Harbor, 949 Potomack, asked about the emergency access road. Louise Kautenberg, 973 Oswego Ave., in favor of the development but concerned about traffic and drainage. George White, 981 Seneca Ave., asked if there would be a fence around the site and concerned about traffic. Richard Baker, 522 N. Blue Island Ln., wants to see a 200' buffer along the river. Frank Wagel, 8060 142nd St., asked about the setbacks along the river. Mr. Masteller responded to the comments from the public and added how helpful and efficient the Growth Management staff is considering the amount of work processed by such a small staff in comparison to other communities. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 The hearing was closed at 8:32 p.m. MOTION byAllocco/Paul N 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 Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. Seeley yes Mr. Paul yes r►, Mr. Allocco yes Chmn Smith called for a recess at 8:35 p.m. The meeting was reconvened at 8:47 p.m. and all commissioners were present. 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 Mole, Mosby & Associates, 2455 14'h 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 byAllocco/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.