HomeMy WebLinkAbout2007 03 28 - Transmittal 3cma
HOME OF PELICAN ISLAND
of Sebastian, Florida
Subject: Second Reading and Quasi-judicial
Public Hearing of Ordinance 0-07-03; zoning
amendment for a 3.87 -acre parcel of land Agenda No.
located at 9707 U.S.1
Department Origin: Growth Management
Purchasing/Contracting:
Finance Direc
by: City Manager City Attorney:
City Clerk:
AI er Date Submitted: March 20, 2007
For Agenda of: March 28, 2007
Exhibits: Ordinance No. 0-07-03, Location Map, Staff Report, P&Z recommendation, Application.
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED:
None None I None
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 the
zoning request.
RECOMMENDED ACTION
Hold quasi-judicial public hearing.
"Move to approve Ordinance No. 0-07-03."
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CITY of
SERASYKN
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
4. Project Owner:
3.87 acres.
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
7
91
(.1
C.
Project Surveyor:
Project Description
David Jones
3899 39" 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 Cl (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:
2
3.87 acres
12 mobile homes and 13 cottages
palms, oaks, pines, pepper trees
carrissa plum
f<
Zoning Current Land Use
Future Land Use
North:
CG (Co.) mobile homes
C/I (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:
2
3.87 acres
12 mobile homes and 13 cottages
palms, oaks, pines, pepper trees
carrissa plum
f<
F'11
10.
11
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
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
Future Land Use: Current: Cl (Commercial/Industrial-County)
Requested: 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.
12. 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.
3
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
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 -OCo
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
Mr. Morrison (a)
Mr. Mahoney
Mr. Cardinale
EXCUSED: Mr. Allocco 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
2
City of Sebastian
Development Order Application PenritApp0catlonNo.
Owner (if different from applicant)
Name:
Address:
Phone Number: ) Fax Number:
E -Mail:
Type of permit or action requested: ----
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR P.CTION THAT YOU ARE
REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC- SHALL BE ATTACHED AND B 1/2"x i 1' COPIES OF
ANY ATTACHMENTS SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM.
A. Project's Name (if applicable): •—�--,
9707 RETAIL CENTER
8, Site Information
Address:
9707 US HWY. 1 Sebastian, FL 32958
Lot: Block: Unit: Subdivision:
Indian River County Parcel # : 31-39-20.00000-1000,00018.0
Zoning Classification.. Future Land Use:
CG Cl
Existing Use: M0611-1: HOMES Proposed Use:
I3 Coy rAr�rr$ - ETAI L
C. Description of proposed activity and purpose of the requested permit or action (attach
extra sheets If necessary): Requesting annexation, adoption of city zon;in and land use
classification.
DATE RECEIVED: FEE PAID- $ RECEIVED 8Y:
6 'd M6'ON M1:6 9006 'l •dON
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 lFax Number: j 321 253-0911
E -Mail: BOBBYC@MBVENG COM
Attorney:
Name:
Address:
Phone Number: Fax 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 JFax Number:j 321 253-0911
E -Mail: LOGANP(cD.MBVENG.COM
Surveyor:
Name:
DAVID M. JONES
Address:
3899 39TH SQUARE VERO BEACH, FL. 32960
Phone Number: 772)567-9875 lFax Number: 772567-9172
E -Mail:
BEING FURST DUPLY 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.
Ignature Date
Sworn to and subscribed before me by I:1I Q.T e- S E. B10 G 1e -
Who is personally known to me or produced
as identification, this I-ZTN' day of Mau 2006
NOTARY'S SIGNATURE
EM
PRINTED NAME OF NOTARY I is ov. Rn an COMMISSION NO./EXPIRATION 5-11-20oG SEAL:
Form CD -2001
I Pane 2 of 3
Develo ment Application
A roved: 0&27-97
Revision:
lFile 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 OWNER 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.
IME HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE 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.
����,L� is , ?✓ 5 z. ?>/v
Signature Date
Sworn to and subscribed before me by 1.1 lades E Ek,, 4c
Who is personally known to me or produced
as identification, this 12T w day of men, 200 (
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY t S a n of c� ✓�
COMMISSION NO./EXPIRATION
SEAL:
Erllo
N0WyPaablb-!DD428
bfty+1,IOOpcannarbn458ated s/' NedmyAM.
Form CD -2001
Page 3 of 3
IDevelo ment Application
Approved. 08-27-97
lRevhsaon.
File Name nna
Permit Application No.
Supplemental Information
Rezoning Request
ATTACH ADDITIONAL PAGES, IF NECESSARY.
X 1. Proposed Zoning: CG
X 2. Explain how the proposed rezoning is consistent with the other elements of the
comprehensive plan. THE PROPOSED REZONING MEETS ALL CONDITIONS
AND POLICIES OF THE COMPREHENSIVE PLAN.
X 3. Explain how the proposed rezoning is in conformance with the applicable substantive
requirements of the City of Sebastian Code of Ordiances. THE PROPOSED
REZONING AND USE WILL BE CONSTRUCTED IN ACCORDANCE WITH ALL CODE REQUIREMENTS.
X 4. 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.
X 5. Explain how the proposed rezoning is compatible with the existing or future land
uses of the City. THE PROPOSED REZONING WOULD BE COMPATIBLE WITH
EXISTING USES WITHIN THE GENERAL AREA OF THE CITY AND ABUTTING PROPERTIES
X 6. Are there adequate public facilities to serve the proposed land use?
YES
Form CD -2017 IPage 1 of 2 lRezoninq
Approved: 08-27-97 lRevision: File Name: SIREZONE
X 7. Explain how the proposed rezoning will not result in a significant adverse impact
on the natural environment.
THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS EXISTING WITHIN
THE BOUNDARIES.
X 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.
THE PROPOSED REZONING SHOULD RESULT IN AN INCREASE IN PROPERTY
VALUES WITHOUT AFFECTING THE GENERAL HEALTH, SAFETY OR
WELFARE OF THE CITY.
X 9. Does the proposed rezoning will result in an orderly development pattern.
YES IT IS CONSISTENT WITH THE SURROUNDING AREA.
X 10. Attach the following:
X a. A verified statement showing each and every indidual person having a legal and/or
equitable ownerhsip 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.
X 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.
X G. A survey and legal description of the property to be rezoned.
Form CD -2017 Pa e 2 of 2 IRezoning
jApproved7 08-27-97 Revision: IH1e Name: SIREZONE