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Home My WebLink About2007 03 28 - Transmittal 2CITY or HOME Or PELICAN ISLAND of Sebastian, Florida Subject: Second Reading and Public Hearing for Ordinance 0-07-02; land use amendment for a 3.87 -acre parcel of land located at 9707 Agenda No. U.S. i Department Origin: Growth Management Purchasing/Contracting: Finance Director: Submittal by: City Manager City Attorney: City Clerk: Date Submitted: March 20, 2007 For Agenda of: March 28, 2007 Exhibits: Ordinance No. 0-07-02, Location Map, Staff Report, P&Z recommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None I None 6Y110HUM.RM If annexation is approved, the 3.87 -acre parcel must be given a City land use and zoning designation. The applicant has requested General Commercial (CG) for land use and Commercial General for zoning. The attached staff report indicates these requests would be in compliance with the Comprehensive Plan and Land Development regulations. In 2000, a five -acre parcel on the south side of this property was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property during their November 9, 2006 meeting. Additionally, staff recommends approval of this land use request. RECOMMENDED ACTION Hold public hearing. "Move to approve Ordinance No. 0-07-02." GOV. LOT 5 GOV. GOV. LOT 6 WHBPENWG PALMS nee AC mcaLl VUAGE oo T To, WHSPERWG PALMS Mmu TOO < 44b APLILV 77 < < < 'ITT ::c NA 'TE Su aTF, e.-r -495 SEBASTIAN R%LS uw 17 PUBLD( 109 s PALM LAKE CLUB PHASE I SLID Y. ------------ A,mu 1�m L A K E ' wnA 4A. PAW LAKE CLUB PHASE A SUB 3 01 —;T \G' u .1 511 i- T IS TI' 1 - PK PLACE MODE HONE PAW M (M of SEBASTMN Y HOME Of PELICAN ISLAND Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment And Rezoning 1. Project Name: 9707 US Highway 1 2. Requested Action: Annexation into City of Sebastian; Land Use Change from Cl (Commercial Industrial -County) to CG (Commercial General -City); Zoning Change from CG (Commercial General -County) to CG (Commercial General -City) 3. Project Location a. Address: 9707 U.S. 1, immediately north of and adjacent to Publix of Indian River located at the intersection of U.S. 1 and Barber Street. b. Legal: See survey C. Indian River County Parcel Number: 31-39-20-00000-1000-00018.0 d. Acreage: 3.87 acres_ 4. Project Owner: Vero Mini Storage, LLC 900 21 s` Street Vero Beach, FL 32960 (772) 569-3799 fax: (771) 567-7121 5. Project Agent: Bobby Cameron MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 6. Project Engineer: Bruce A. Moia, P.E. MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 1 7 Q re - Project Surveyor: Project Description David Jones 3899 3e Square Vero Beach, Florida 32960 (772) 567-9875 fax: (772) 567-9172 a. Narrative of proposed action: Mr. Charles Block of Vero Mini Storage LLC has recently filed an application for annexation of a 3.87 acre parcel of land at 9707 U.S. 1, and located immediately north of Publix of Indian River. The property currently has a county land use designation of CI (Commercial/ Industrial) and a county zoning designation of CG (Commercial General). In conjunction with the annexation request, the applicant has requested a city land use designation of CG (Commercial General) and a city zoning designation CG (Commercial General). The subject parcel presently has 12 mobile homes and 13 cottages. Zoning: Current: CG (Commercial General -County) Requested: CG (Commercial General -City) Adjacent Properties d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: F 3.87 acres 12 mobile homes and 13 cottages palms, oaks, pines, pepper trees carrissa plum X Zonina Current Land Use Future Land Use North: CG (Co.) mobile homes Ch (Co.) East: RM -6 (Co.) vacant L-2 (Co. -6 units/1 ac. South: CG (City) retail CG (City) West: RMH-8 (Co.) open space/mobile home park M-1 (Co. -8 units/1 ac.) d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: F 3.87 acres 12 mobile homes and 13 cottages palms, oaks, pines, pepper trees carrissa plum X ITO 11 12 (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Future Land Use. Current: Requested: Private well On-site septic system Barber Street Sports Complex - 2.4 miles Filbert Street Park - 1 mile Barber St. Fire Station - 2.4 miles Police - 3.5 miles Cl (Commercial/Industrial-County) CG (Commercial General -City) Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policy 1-1.2.2 General Pattern of Commercial Land Use of the City's Comprehensive Plan Future Land Use element states "In order to promote efficient flow of traffic along major thoroughfares cited in the Traffic Circulation Element, achieve orderly development and minimize adverse impact on residential quality, commercial development shall be concentrated in strategically located areas having location characteristics which best accommodate specific land, site, public facilities and market location requirements of their respective commercial uses." Policy 1-1.2.1 General Considerations for Locating Commercial Development states "The location and distribution of specific types of commercial activities shall be determined based on the following considerations: 1. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with landscaping amenities: 2. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements; 3. Compatibility with and impact on other surrounding commercial activities; 4. Relationship to surrounding land uses and natural systems; 5. Impact on existing and planned community services and utilities." The location of the parcel along a state arterial roadway (U.S. 1) meets the intention of the comprehensive plan. The redevelopment of this parcel will require connection to public water and sewer, improved stormwater systems, and landscaping to meet current land development regulations. Conformance with Code of Ordinances: The proposed rezoning and land use amendment is consistent with the Code of Ordinances. Changed Conditions: The applicant wishes to redevelop the property as a retail center. A surge of new residential subdivisions in the vicinity (both city and county) has increased the need for close, varied commercial accommodations. 13. Land Use Compatibility: Property to the north (County) and south (City) is zoned for commercial development, and is compatible with the requested zoning and land use amendment. Property to the east is residential (County), but is separated from the subject property by U.S. Highway 1. Property to the west is also residential (County), but is separated from the subject property by the FEC railroad. 14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available and will be required for redevelopment of the subject parcel. Additionally, on-site stormwater retention tracts will be required as an essential element of the proposed development. 15. Natural Environment: There are no identified environmentally sensitive areas existing on the subject parcel. Additionally, redevelopment of the parcel will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 16. Economic Effect: The property is not currently within the corporate limits of the City of Sebastian. Annexation will provide an additional 3.87 acres of commercial land area, which in turn creates an expanded tax base for the City of Sebastian. 17. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to commercial property and the availability of sufficient public facilities and access. 18. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of commercial land use. The location of this parcel along a state arterial roadway (U.S. 1), being adjacent to other commercial uses, and the proximity to new residential developments (both in the City and in the County) facilitates orderly development within a growing urban service area. 19. Other Matters: The applicant also owns the parcel between Publix and the FEC railroad, which is contiguous to the southwestern portion the subject parcel. That parcel is within the city limits of Sebastian, has a land use designation of CG and a zoning designation of CG. As such, the owner will explore interconnection of the two properties to enhance their future development. The requested comprehensive plan land use map amendment is under 10 acres, which is a small scale amendment, and will not be reviewed by the Department of Community Affairs (DCA). Historically, in 2000 a five -acre parcel on the south side of this property was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. 20. Conclusion: The requested land use designation of CG (Commercial General) and the requested zoning designation of CG (Commercial General) is consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested annexation, with a 4 land use designation of CG (Commercial General) and a zoning designation of CG (Commercial General). Additionally, the Planning and Zoning Commission recommended approval of the CG land use and zoning designation for the subject property during their November 9, 2006 meeting. P E ARED BY ) z- Co -000 DATE CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF RE -SCHEDULED REGULAR MEETING NOVEMBER 9, 2006 Mr. Paul called the meeting to order at 6:59P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Simmons Mr. Paul Mr. Buchanan (a) Mr. Oakes EXCUSED: Mr. Allocco Mr. Morrison (a) Mr. Mahoney Mr. Cardinale Mr. Keough ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Linda Lohsl, Recording Secretary ANNOUNCEMENTS: Messrs. Allocco and Keough are excused and Messrs. Morrison and Buchanan will be voting tonight. APPROVAL OF MINUTES: P&Z Regular Meeting 10/05/06 MOTION by Simmons/Morrison to approve the minutes of October 5, 2006. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: A. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT & REZONING (for a proposed annexation) — 9707 U.S. HIGHWAY #1, NORTH AND ADJACENT TO PUBLIX OF INDIAN RIVER — 4 ACRES, MORE OR LESS — REQUEST FOR CG (GENERAL COMMERCIAL) LAND USE AND CG (COMMERCIAL GENERAL) ZONING. PLANNING AND ZONING COMMISSION MINUTES OF RESCHEDULED REGULAR MEETING OF NOVEMBER 9, 2006 Mr. Paul called for any ex parte communication; there were none. Mr. Paul then swore in staff and the applicant. Mr. Charles Block represented Vero Mini Storage, LLC and presented the application. He gave a history and description of the 4 -acre property. Ms. King added that the applicant is requesting the same zoning and land use designation as the Publix, which is adjacent to this parcel. The property currently has 12 mobile homes and 13 cottages on it, which as Mr. Block had stated, would be removed. The applicant answered questions from the commission with regard to current residents and what could be built on the site under the Commercial General Zone. No one from the public spoke. MOTION by Morrison/Oakes to recommend city council approve the land use change to General Commercial and Zoning to Commercial General for 9707 U.S. Highway #1. ROLL CALL: Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Mahoney yes The vote was 7-0. Motion passed unanimously. Mr. Buchanan yes Mr. Paul yes Mr. Oakes yes B. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT & REZONING — SPIRIT OF SEBASTIAN (AKA ROSELAND SATELLITE TRACT 3) — IRC PARCEL ID NO. #30-38-22- 00001-0030-00000.0 — 134 ACRES, MORE OR LESS — NORTH OF SEBASTIAN AIRPORT — REQUEST FOR LDR (LOW DENSITY RESIDENTIAL) LAND USE AND PUD -R (PLANNED UNIT DEVELOPMENT — RESIDENTIAL) ZONING. The applicant withdrew this item. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Mahoney noted all the events that are copying the successful Sebastian Clambake. DIRECTOR MATTERS: Ms. Grohall noted that there will not be a meeting next week (11/16) and asked the Commission if they would like to have just one meeting in December, scheduled for December 7, and cancel the second meeting on December 21". The Commission agreed. ATTORNEY MATTERS: Mr. Stringer discussed a couple of ordinances City Council wanted him to bring through Planning and Zoning. One is how height is measured east of Indian River Drive. What they are looking at is a no -fill rule and measuring from the front line of the building at existing grade. The other issue is to implement a 100 Ft. buffer similar to the county City of Sebastian Permit APOCalion No. Development Order Application Applicant if not owner, written authorization notarized) from owner is required Name: VERO MINI, LLC Address: PO BOX 1206 VERO BEACH, FL 32961 Phone Number: 772 569-3799 lFax Number: 772-567-7121 ) E -Mail: Type of permit or action requested: COMPREHENSIVE PLAN AMMENQMENT 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 ANE 8 1/2"X 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM: k Project's Name (if applicable): 9707 RETAIL CENTER B. Site Information Address: 9707 US HWY. 1 Sebastian, PL. 32958 Lot Block: Unit:- Subdivision: Indian River County Parcel #: 31-39-20-00000"1000 oo018.0 Zoning Ciassification: Future Land Use: CG CI Existing Use: /.2- 470,61 LU HOMES Proposed Use: 13 CQ'T rAGE ( L C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Requesting annexation, adoption of city zoning and land use classification. DATE RECEIVED: FEE PAID: $ . RECEIVED BY: 6 'd M6 'IN WUWE 9002 'l�'110 D. Project Personnel: Agent: Name: BOBBY CAMERON OF MBV ENGINEERING, INC Address: 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE, FL. 32935 Phone Number: ( 321 )253-1510 jFax Number: ( 321 )253-0911 E -Mail: BOBBYCna MBVENG.COM Attorney: Name: Address: Phone Number: IF3x Number: E -Mail: Engineer: Name: BRUCE A. MOIA, P.E. OF MBV ENGINEERING, INC. Address: 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE, FL. 32935 Phone Number: ( 321 )253-1510 IFax Number: ( 321 )253-0911 E -Mail: LOGANP(a2MBVENG.COM Surveyor: Name: DAVID M. JONES Address: 3899 39TH SQUARE VERO BEACH, FL. 32960 Phone Number: ( 772)567-9875 IFax Number: ( 772 )567-9172 E -Mail: I, , BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ 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. P��[CAT]ON ARE ACCO E AND TRUE TO THEB ST OF MY KNOWLEDGE AND BELIEF. Signature Dat Sworn to and subscribed before me by Ar le o C_ Who is p rsonalg ly known to me or produced as identification, this 1 2 V�+ day of M cvy 200(, NOTARY'S SIGNATURE Aae1 BOLAND PRINTED NAME OF NOTARY (�� Sov. S3olana( 4 �� COMMISSION NOJEXPIRATION 5 — I1- 2 () O ci PWMWlaroe FrpNe� IM11, 2W9 SEAL: CamftWm$ DD 42&W ft" By N01WW N0IxyAUn. Form CD -2001 Page 2 of 3 1 Development Application Approved: 08-27-97 Revision: File Name: DOA The following is required for all comprehensive plan amendments, zoning amendments (inicuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. IME, , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OW NER 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 (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. VWE HEREBY WAIVE ANY OBJECTION OR DEFENSE IME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT 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. L1" z� /2 Signature Date Sworn to and subscribed before me by 06 c -f- les F. 51 o C K Who is pAm2nall4known to me or produced as identification, this l27µ day of _M qy 200 rp NOTARY'S SIGNATURE Q4 C1.yv% PRINTED NAME OF NOTARYL-- vI _ g o A 0.n d COMMISSION NO./EXPIRATION 6- t(-Zba-( SEAL: To 11' Form CD -2001 I Page 3 of 3 1 Development Application Approved: 08-27-97_ Revision: lFile Name: DOA Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES, IF NECESSARY. X 1. Current land use map designation: Cl COMMERCIAL INDUSTRIAL X 2. Proposed land use map designation: GC X 3. Size of the project in acres: 4.83' Cof" c -a to 3.87 X_4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City: There are no impacts to other elements of the comprehensive plan or Ordinances. X 5. Is the proposed ademendment consistent with the other elements of the comprehensive plan? If not, which one(s)? YES X_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 X 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? None to our knowledge. Form CD -2008 I Page 1 of 3 lComp Plan Amend Land Use Approved: 08-27-97 Revision: IFIle Name: SICPALU X 8. Is the proposed amendment compatible with the existing or future land uses of the City? If not, why not? YES X 9. Are there adequate public faciities to serve the proposed land use? If not, which one (s) are not adequate? YES X 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. X 11 No there are no environmentally sensitive areas existing within the boundary of this Would the proposed amendment adversely affect the properly values of the area, the general health, safety, and welfare and impact the financial resources of the City? If so, describe how. THIS PROJECT WILL ENHANCE PROPERTY VALUES WITHOUT AFFECTING THE GENERAL HEALTH. SAFETY, OR WELFARE OF THE CITY. X 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes it is consistent with the surrounding area. Form CD -2008I Page 2 of 3 jCornp Plan Amend (Land Use) Approved: 08-27-97 lRevisiom IFile Name: SICPALU X 13. Attach the following: X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip 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 corooration and principal executive officers will be sufficient. X b. Attach 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. X c. A survey and legal description of the property for which the land use amendment is being requested. Form CD -2008 I Page 3 of 3 IComp Plan Amend Land Use A roved: 08-27-97 Revision: IFile Name: SICPALU