HomeMy WebLinkAbout09051996 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
THURSDAY, SEPTEMBER 5, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOR[DA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN,, FLORIDA
CALL TO ORDER
ROLL CALL
OUASI-JUDICiAL HEARINGS.. FINAL ACTiON
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
· Mayor Opens Hearing-Outlines Rules
· City Attorney reads Ordinance or Resolution (if Applicable)
· ClerkAdministers Oath
· Disclosure of Ex-Parte Communication
° StaffPresentation
· AppBcantPresentation - lSMinutes
° Inquiry of Applicant
· Proponents' Testimony - 3 Minutes or lOMinutes if Representing 5 orMore
° Inquiry of Proponents
· Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if
Representing 5 or More
· Inquiry of Opponents
· Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
· Closing of Public Informational Period
· Staff Response and Summary - 10 Minutes
° Applicant's RebuttalPresentation - lOMinutes
· Board and Staff Inquiry
° City Council Action
96.193
96.117
~7
Morchesky/Fischer Sandmining Special Use Permit - Resolution No. R-96-66
(Community Development Transmittal 8/27/96, Application, Staff'Report w/Exhibit A,
P & Z Recommendation, Location Map, Mosby Plans Under Separate Cover) -
RESOLUTION NO. R-96-66
A RESOLUTION OF TH~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR
THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-
2.6 OF TI-IE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO
HENRY FISCHER & SONS FOR THE MORCHESKY PROPERTY CONSISTING OF
10.41 ACRES, MORE OR LESS AND LOCATED IN A PORTION OF THE
NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR TIlE iSSUANCE OF TI-IE SPECIAL USE
PERMIT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (Letters 8/20/96, Advertised Legal
Notices 8/29/96)
Sldllman Rezonin~ Ordinance No. O-96,.17 (Communi~ Development Transmittal.
O-96-17. Application. Area Map. StaffReport P & Z Recommendation 8/2/96)
ORDINANCE NO. 0-96-17
AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH OF M.MN
STREET, EAST OF J & W SUBDMSION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY, COMPRISED OF 5.6 ACRES MORE OR LESS, FROM
EL (COMMERCIAL LllMITED) TO RM-8 (MEDIUM DENSITY MULTIPLE
FAMILY); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading, 8/14/96, Letters
8/19/96, Legal Ad 8/22/96)
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96.174 C.
96.174 D.
Sembler CLUP - Ordinance No. O-96-18 (Communi~ Development Transmittal_
O-96,18L Application. Area Map. StaffReport. P & Z Recommendation 8/2/96)
ORDiNANCE NO. O-96-18
AN ORDiNANCE OF THE CITY OF SEBASTIAN, IlqDIAN RIVER COUNTY,
FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE
COMt~REHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP
FROM CL (COMMERCIAL LIMITED) TO CW (COMMERCIAL WATERFRONT)
FOR TWO PARCELS OF LAND CONSISTING OF 4.48 ACRES, MORE OR LESS,
LOCATED EAST OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET,
AND WEST OF INDIAN RIVER DRIVE; FINDING THAT THE COMPREHENSIVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UNDER
FLORIDA STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF
THE SMALL SCALE AMEND~ TO BE TRANSMITTED TO ALL PARTIES AS
REQUI~ED BY FLORIDA STATUTES SECTION 163.3187 (4); PROVIDiNG FOR
REPEAL OF ORDiNANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERAB[LITY; AND:.PROVIDING FOR AN
EFFECTIVE DATE. (I st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
Sembler Rezoning - Ordinance No. O-96-19 (Community_Development.
Transmittal 8/7/96. O-96-19. Application. Area Map. Staff.Report. P & Z
Recommendation_ 8/2/96)3
ORDINANCE NO. O-96-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST OF NORTH
CENTRAL AVENUE, SOUTH OF DAVIS STREET AND WEST OF INDIAN RIVER
DRIVE, COMPRISED OF 4.48 ACRES MORE OR LESS, FROM CL (COMMERCIAL
LIMITED) TO GMC (GENERAL MARINE COMMERCIAL); PROVIDI2~G FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDiNG FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
96.175
H.D. Adams - Collier Creek Estates CLUP ~ Ordinance No. O-96-20~
(Community_ Development Transmittal. 0-96-20. Application_ Area Mao_ StaffRepor[_
P & Z Recommendation 8/2/96,))
96.175
ORDINANCE NO. 0-96-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIA~ RIVER COUNTY,
FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE
COMPREHENSIVE PLAN WHICH AMENDS THE FLrrURE LAND USE MAP
FROM IN (INSTITLYrIONAL) TO LDR (LOW DENSITY RESIDENTIAL) FOR
FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE OR LESS, IN
SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A
PORTION OF F; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT
QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA STATUTES
SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY
FLORIDA STATUTES SECTION 163.3187 (4); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (1 st Reading, 8/14/96, Letters 8/19/96, Display AcbS/22/96)
H.D. Adams - Collier Creek Estates Rezonlhg - Ordinance No. O-96-21 -
(Communi~ Development Transmittal. 0-96,21. Application. Area Map. StaffReport~.
E& Z Recommendation 8/2/96'B
ORDINANCE NO. O-96-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A PORTION
OF F, COMPRISED OF 9.45 ACRES, MORE OR LESS, FROM PS (PUBLIC
SERVICE) TO RS-10 (P,.ESIDENTIAL SINGLE FAMILY); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. ( l st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
4. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO 8E HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING, SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN AD VANCE OF THIS MEETING.
City of Sebastian
1225 MAiN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: PUBLIC HEARING REGARDING ) Agenda Number:
R-96-66 GRANTING A SPECIAL USE )
PERMIT FOR MORCHESKY SAND MINE ) Dept. Origin:
)
) Date Submitted:
Approved For Submittal By: )
Manager.~j,~o~,~ ~.~i For Agenda Of:
City
Exhibits:
Community Development
(RM)
..... 8~27~96
..~/05/96
)
) 1. R-96-66
) 2. Applic. for Sand Mining Permit
) 3. Mosby Job 96-262 revised 7/8/96:
) Sheet 1 of 2 General Notes
) Sheet 2 of.2 Excavation Plan
) 4. Staff Report
) 5. P & Z Recommendation dated 8/2/96
) 6. Location Maps
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Application has been made by Henry Fischer and Sons for a special use sand
mining permit for property owned by Janee Morchesky located west of Old
Dixie Highway. A special use sand mining permit was originally approved
by City Council on January 23, 1991. Subsequently, several extensions
were granted to the original one-year permit. However, the permit has now
lapsed and a new permit must be issued before additional mining can take
place.
A detailed staff report is attached for your review. At their regular
meeting of August 1, 1996, the Planning and Zoning Commission recommended
approval of this special use sand mining permit subject to conditions as
outlined in the staff report. The applicant has also applied to the Board
of Adjustment for the necessary variance from the required setback for the
west, north and east property lines. This request will be heard by the
Board of Adjustment at their meeting of September 3, 1996.
Staff has prepared Resolution R-96-66 which includes the conditions of
approval as suggested by the Planning and Zoning Commission and staff.
The City Council may amend these conditions or impose additional ~
conditions as they see fit.
RECOMMENDED ACTION
Conduct public hearing regarding Resolution R-96-66.
Resolution No. R-96-66.
Move to adopt
RESOLUTION NO. R-96-66
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL
USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN TO HENRY FISCHER & SONS FOR THE
MORCHESKY PROPERTY CONSISTING OF 10.41 ACRES, MORE OR
LESSAND LOCATED iN A PORTION OF THE NORTHEAST QUARTER OF
SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
COMPLIANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL
USE PERMIT; PROVIDING FOR REPEALOF ~ESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVEI~ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry Fischer & Sons has applied for a special use
permit for the mining of sand and soil materials for a tract of
land owned by Janee Morchesky and located in the City of Sebastian,
Indian River County, Florida; and
WHEREAS, the Planning and Zoning Commission held a public
hearing regarding this application on August 1, 1996, and
recommended approval of the special use permit for the mining of
sand and soil materials; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
WHEREAS, the City Council has conducted a public hearing to
afford the input of comments and evidence from all interested
persons, citizens, and affected people; and
WHEREAS, the City Council has determined that the granting of
the special use permit to the Applicant will not be detrimental to
the public safety, health or welfare or be injurious to other
properties or improvements within the immedia{e vicinity in which, .........
the Applicant's property that is the subject of the special use
permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
use permit is located and is similar in nature and compatible with
the uses allowed in that zoning district.
NOW, THEREFORE, BE IT RESOLVED B~ THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. SPECIAL USE PE~IT. The application for the
issuance of a special use permit for the mining of sand and soil
materials submitted by Henry Fischer & Sons for property owned by
Janee Morchesky located on a parcel of land situated in a portion
of the northeast quarter of Section 7, Township 31 South, Range 39
East, Indian River
described as follows:
The north half,
County, Florida being more particularly
of the south half, of the northwest
quarter of the said northeast quarter of Section 7, and
the north half of the south half of the northeast quarter
of the said northeast quarter of Section 7, all lying
west of the westerly right-of-way line of Old Dixie
Highway,
is granted subject to the requirements and conditions contained in
this resolution.
Section 2. CONDITIONS OF APPROVAL. The approval by City
Council of the special use permit for the mining of sand and soil
materials that is the subject of this Resolution and as described
by Mosby and Associates,
Inc. Job No.
2
96-262 on Sheet 1 of 2,
General Notes and Certifications dated July 8, 1996 and Sheet 2 of
2, Excavation Plan dated July 8, 1996, and the continuation of such
special use permit until its expiration as provided for in the
Resolution is conditioned on the continuous satisfaction of, and
compliance with, the following requirements by the Applicant or its
successors and assigns:
A. A record drawing shall be provided to the Community
Development Department at the completion of the project
with the information required in Section 20A-5.36(b) of
the Land Development Code.
B. A copy of the mining permit shall be maintained on the
site during the entire permit period and shall be visible
at the location designated in the site plan.
C.A variance be received from the Board of Adjustment for
the setback from the west, north and east property lines.
D.The applicant shall provide an annual progress report on
or before April 1, 1997.
E. Compliance with the provisions of all applicable federal
and Florida statutes, rules and regulations, county
ordinances and the ordinances and resolutions of the City
of Sebastian, including, but not by way of limitation,
Sections 20A-5.19 through 20A-5.45, inclusive, of the
Land Development Code.
F. Compliance and restoration bonds shall be provided to the
City of Sebastian in a form and for such amounts,
acceptable to the City Manager per Section 20A-5.30(e) of
the Land Development Code.
G. Ail truck traffic entering and leaving the Morchesky site
will utilize only the northern improved section of Old
Dixie Highway. No truck traffic will be permitted to
leave the site to the south portion of Old Dixie Highway
under any circumstances.
H. Applicant to follow all specifications as outlined under
"General Notes for Sand Mining Operation,' on Page 1 of 2
General Notes and Certifications, Mosby and Associates
Job No. 96-262 dated July 8, 1996.
Section 3. EXCEPTION. The City of S~bastian hereby
grants an exception to the 150 foot setback requirement on the
south property line as provided for in Section 20A-5.30(c)(2) and
20A-5.30(d)(5) of the Land Development Code.
Section 4. EXPIRATION OF THE SPECIAL USE PERMIT. The
special use permit granted to the Applicant pursuant to this
Resolution is for a one (1) year period, commencing on the date
this Resolution is approved and terminating one (1) year from such
date of adoption.
Section 5.. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 6. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution 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 or unconstitutional provision. It shall be further
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 7. EFFECTIVE DATE.
effect immediately upon its adoption.
The foregoing Resolution was
Councilmember
by Councilmember
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
This Resolution shall take
moved for adoption by
The motion was seconded
and, upon being put to
adopted this
The Mayor thereupon declared this Resolution duly passed and
day of ..... , 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Valeri~ Settles
City Attorney
5
JUL 09 ~9~ 13:46 407 589 5-~0 p.3/~
SPECIAL USE PERMiT/SAND MININ~
CITY OE SEBASTIAN
P.O. BOX 780127
SEBASTIAN, FL. 32978
DATE RECEIVED APPLICATION FEE OF $150.'
APPLICANT Henry Fischer & Sons
ADDRESS P.O.Box 780068, Sebastian, FL PHONE (407) 589-3159
OWNER OF RECORD Ms. Janie Morcheski
(If. different from applicant, attach letter of authorization)
ADDRESS OF OWNER P.O. Box 1521t Sebast~R~I~NE (407) 589-3246
ENdINEER ~o_~sb_j~& AssOciates, Inc. STATE CERT.~ 22326
ADDRESS 2455 - 14th Avenue, Vero Beach PHONE (407) 569-0035
THIS APPL. ICATIOI, I FOR A SAND MINI}IG PERMIT IS PURSUANT TO
SECTION 20A-.5.19 THRU SECTION 20A-5.45, SECTION 20A-2.6 AND
AR'rICLE X OF THE LAND DEVELOPMENT CODE. ALL PLANS MUST
DEMONSTRATE CONFORMANCE WITH ALL CITY CODES AND MUST BE
SIG~IED A~ID SEALED BY A PROFESSIONAL ENGINEER LICENSED IN THE
STATE OF FLORIDA. APPLICANTS ARE ENCOURAGED TO SET UP A PRE-
APPLICATION CODFERENCE WITH THE TECHNICAL REVIEW COMMITTEE
.PRIOR TO SUBMITTING THP, IR APPLICATION.
THE F3LL¢~WIN(, DOCUMENTS SI{ALL BE SUBMI/-rED WITH APPLICATION:
1. Copy of owner's recorded warranty deed,
2. Initial submission, 12 prints of al1 required minin~
and restoration plan. After Plannin~ & Zoning
approval, 10 additional ~et~ of plan must be
submittod for City Council.
:3. St. John's River WareS'Management District p~rmit.
..,u~vcy and leual de~cr'i pt ion prepared by Florida
regis~.ered land surveyor.
{Print
Mining Special Use Permit Approval
Staff Report
Project Name:
Requested Action:
Project Location
a.
b.
Morchesky Sand Mine
Approve a special use permit for a sand mine.
Address:
Legal:
A parcel of land situated in a portion of the northeast quarter of Section
7, Township 31 South, Range 39 East, Indian River County, Flodda;
Being more particularly described as follows:
The north half, of the south half, of the northwest quarter of the said
northeast quarter of Section 7, and the north half of the south half of the
northeast quarter of the said northeast quarter of Section 7, all lying west
of the westerly right-of-way line of Old Dixie Highway.
Containing 10.41 acres, more or less.
c. Indian River County Parcel Number:
4. Project Owner:
Ms. Janie Morchesky
P. O. Box 1521
Sebastian, FL 32958
5. Project Applicant:
Henry Fischer & Sons
P. O. Box 780068
Sebastian, FL 32958
6. Project Engineer:
Mosby & Associates, Inc.
2455 14th Avenue
Vero Beach, FL 32960
7. Project Attorney:
8. Project Description
North:
East:
South:
West:
Narrative of proposed action:
The applicant has applied for a special use permit for a sand mine
located on the subject parcel. There has been a special use permit for a
sand mine at this location in the
therefor, a new permit is required.
Current Zoning: IN, Industrial
Adjacent Properties
Zonin_~ Current Land Use
CH (county) Commercial, vacant
railroad
IN Sand mine,
Mulch facility approved
IN, RSIO Vacant
(homes are southwest
of the site)
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil: Astatula sand
(4) Vegetation: cleared
(6)
past. The permit had lapsed and
Future Land Use
IN
(unknown)
10.41 acres
sand mine
Flood Hazard: Zone X, outside the 500 year flood plain
Water Service: none
(7) Sanitary Sewer Service:
(8) Police/Fire:
Comprehensive Plan Consistency
a. Future Land Use: Consistent
b. Traffic Circulation: Consistent
c. Housing: N/A
none
2
10.
d. Public Facilities:
e=
The proposed use will not impact water, sanitary sewer, solid waste, or
drainage facilities.
Coastal Management: consistent
Conservation:
The proposed use is consistent with the conservation element.
Specifically:
Policy 6-1.6.1' Prohibition Against Mining Activities. Land development
regulations shall prohibit mining of minerals, excepting sand mining,
based on the irretrievable losses which such intense activities may
potentially impose on the City's fragile coastal ecosystem as
documented in the Comprehensive Plan Data Inventory and Analysis.
g. Recreation and Open Space: N/A
Mining Plan
a. plan review and cross-sections of the mining areas:
provided on plans
b amount of fill to be removed:
provided on ~lans
c. timetable of mining activity:
provided on ~lans
d. method of mining:
provided on 31ans
hours of operation:
provided on ~lans
safety and security plan:
provided on ~lans
11.
12.
Restoration plan
a. description of the eventual future use of the site:
provided on plans
b. final grades of the site:
provided on plans
Conditions of the mining permit
Maximum project-site development phase for mining shall not
exceed twenty acres.
Site is 10.41 acres.
No mining shall occur within one hundred fifty feet of a projected
right-of-way line of any existing or proposed public road, nor within
one hundred fifty feet of the outer perimeter of the project site.
Where a mining operation consists only of the removal of a mound
and does not consist of a lowering the elevation of ground below the
neighboring property, an exception to the one hundred fifty foot
setback may be permitted at the time of site plan approval.
The past mining activities occurred within the setback. This was
apparently due to the proposed future use of the site as an industrial
subdivision. A preliminary plat had been proposed but was never acted
on by the City. The mining operation was to remove the sand to make a
uniform surface on the site for the subdivision.
At this time there is an active sand mine to the south with a finished
elevation of 25 feet. It is therefor recommended that an exception to the
set back from the south boundary be made at the time of site plan
approval.
The facts that the past mining activities have occurred within the
remaining setbacks, that the setback will create a hardship by eliminating
almost half of the site from mining, that the applicant has proposed a 4
to 1 slope in excess of the Land Development Code requirements and
that the location of the sand to be mined is not the result of the actions
of the applicant, it is recommended that the approval of the site plan
include the area within the remaining setback, subject to receiving a
variance from the Board of Adjustment.
Any mining activity that results in the creation or expansion of a
water body shall be subject to the provisions of section 20A-5.29.
Projects creating water bodies must also provide safety and security
4
13.
plan for the mining operation phase, including, but not limited to,
fences, access, control, and other security provisions.
N/A
If the project site is of a size that falls below St. Johns River Water
Management District permitting thresholds and is located (in whole
or part) on the Atlantic coastal sand ridge, no excavation governed
by a mining permit shall result in an average elevation of less tan
twenty-five feet mean sea level for that portion of the project site
located on the sand ridge.
A copy of a letter of exemption from the St. Johns River Water
management District has been received. The finished grade is 25 ft.
If the project site is adjacent to a residentially zoned area, the
perimeter of the site abutting such an area shall include a fifty-foot-
wide buffer-yard and type "A" screening along said site boundary.
N/A
No crusher, mixing plant, bin, tank, or structure directly involved in
the production process shall be located less than six hundred feet
from any adjacent residentially zoned property, and two hundred
fifty feet from all other adjacent non-residentially zoned property.
N/A
gm
Hard rock mining activities shall ensure that measures are taken to
control dust.
N/A
Operating conditions of mining
Applicants operating in a non-residentially zoned district, where the
project does not abut a residentially zoned district, shall not be
limited to specific hours of operation unless a determination is made
by the city council conceming the need of limiting hours of
operation due to the anticipated impacts of the mining operations on
surrounding properties.
Hours of operation included on the site plan.
Applicants operating in a residentially zoned district or in any
district which abut a residentially zoned district shall be permitted to
operate between the hours of 7:00 AM to 5:00 PM on weekdays;
operation on Saturday and Sunday, and/or operations other than
5
15.
16.
between 7:00 AM to 5:00 PM may be permitted by the city council if
the impact of the mining operation on surrounding properties will
not constitute a nuisance to the neighborhood.
Permanent project boundary comers, with intermediate stakes at a
minimum of three hundred feet and all limits of excavation shall be
staked, marked and maintained with visible flags in the field, in
accordance with approved plans for the permit.
So noted on site plan.
Use of public and private roads
a.
All applications shall identify the fill hauling routes:
previded on plans. This has been amended, see attachment "A".
b. Where deemed necessary mats, culverts, ramps, or paved drives
shall be placed at the entrances and/or exits of haul sites:
paved turn-out is previded
c. hazardous traffic conditions will not be created:
previded on plans
Will the special use permit be detrimental to the public safety, health or
welfare or be injurious to other properties or improvements within the
immediate vicinity in which the property is located?
There are two active sand mines in the immediate vicinity of the subject parcel.
The preposed use is consistent with those activities.
The site had an active mine up to last year and the preposed activity is to
remove only a maximum of three and one half feet of materials. The significant
excavation has already occurred on the site. No reports of harm to the safety,
health or welfare or injury to other properties or imprevements are contained in
the file of the previous mine operation.
Is the proposed use consistent with the purpose and intent of the industrial
zoning district and is the use similar in nature and compatible with uses
allowed in such a district?
The site was previously mined and the adjacent site, also zoned industrial, is an
active mine. These examples have established the fact that the preposed use
is consistent with the purpose and intent of the industrial zoning district and is
the use similar in nature and compatible with uses allowed in such a district.
17.
18.
19.
Additional considerations: None
City Engineer's review: None
Other Matters:
The Planning and Zoning Commission considered this matter at their August 1,
1996 meeting. The Commission found that the proposed use is:
not detrimental to the public safety, health or welfare nor is injurious to other
properties or improvements within the immediate vicinity in which the site is
located, and
consistent with the purpose and intent of the Industrial zoning distdct and is
similar in nature and compatible with the uses allowed in the industrial
zoning district.
The Planning and Zoning Commission also recommends to the City Council that
a special use permit for a sand mine as described on sheet 1 of 2, General
Notes and Certificat. ions, dated July 8, 1996 and sheet 1 of 2, excavation plan,
dated July 8,1996 be approved with the following conditions:
1. The permit shall expire one year from the date of issuance.
A record drawing shall be provided to the Community Development
Department at the completion of the project with the information required in
Sec. 20A-5.36.(b) of the Land Development Code,
3. A copy of the mining permit shall be maintained on the site during the entire
permit period and shall be visible at the location designated in the site plan.
4. A variance be received from the Board of Adjustment for the setback from
the west, north' 'and east property line.
The applicant shall provide an annual progress report on or before Apdll.
(The code requires a report in October, but that only represents two months
of operations.)
6. The applicant shall conform to all other requirements of the Land
Development Code.
It is further recommended by the Planning and Zoning Commission that the City
Council grant an exception to the setback requirements on the south property line as
provided for in Sec. 20A-5.30.(c ) (2) and 20A-5.30(d)(5) of the Land Development
Code.
7
20,
21.
22.
Analysis:
The site has been the location of a mining operation up to last year. The
purpose of this permit is to remove a maximum of three feet of materials to bdng
the final grade to 25 ff. elevation. The applicant has provided all the required
information for consideration of this permit.
The proposed use is not expected to cause harm to the safety, health or welfare
or injury to other properties or improvements.
The proposed use is consistent with the purpose and intent of the industrial
zoning district and is the use similar in nature and compatible with uses allowed
in such a district.
Conclusion:
The proposed use has meet all of the requirements of the Code of Ordinances
and Land Development Code and is consistent with the Comprehensive Plan.
Recommendation:
it is recommended that the City Council find that the proposed use is:
not detrimental to the public safety, health or welfare nor is injurious to other
properties or improvements within the immediate vicinity in which the site is
located, and
consistent with the purpose and intent of the Industrial zoning district and is
similar in nature and compatible with the uses allowed in the industrial
zoning district.
It is also recommended that the City Council issue a special use permit for a
sand mine as described on sheet 1 of 2, General Notes and Certifications,
dated July 8, 1996 and sheet 2 of 2, excavation plan, dated July 8,1996 with the
following conditions:
1. The permit shall expire one year from the date of issuance.
A record drawing shall be provided to the Community Development
Department at the completion of the project with the information required in
Sec. 20A-5.36.(b) of the Land Development Code.
3. A copy of the mining permit shall be maintained on the site dudng the entire
permit period and shall be visible at the location designated in the site plan.
4. A vadance be received from the Board of Adjustment for the setback from
the west, north and east property line.
8
The applicant shall provide an annual progress report on or before Apdll,
(The code requires a report in October, but that only represents two months
of operations,)
The applicant shall conform to all other requirements of the Land
Development Code.
It is further recommended that the City Council grant an exception to the setback
requirements on the south property line as provided for in Sec. 20A-5.30.(c ) (2) and
20A-5.30(d)(5) of the Land Development Code.
PREPAI:[ED BY
DATE
!
H * Site Development I
ENRY FISCHER & SONS, INC. · Road & Parking Lot Const~ct~on
P.O. Box 780068 ,, Sebastian, Florida 32978-0068 * Storm Drainage · Land Clearing
(407) 589-3159 · FAX: (407) 589-7731 ·· FilIHeavyHaulingEquipment & CompactiOnRentals I
August 19, 1996
Mr. Robert J. Massarelli
City Planner
City of Sebastian
1225 iMain Street
Sebastian, Florida 32958
Mr. Massarelli:
As per our phone conversation of 8-19-96, all truck traffic entering and
leaving the Morchesk7 Site will utilize only the northern improved
section of Old Dixie Highway. No truck traffic will be permitted to
leave the site to the south under any circumstances.
Sincerely,
~He~n~A F~is~ Preside nt
Henp), Fischer & Sons, Inc.
HAF/va
EXHIBIT "A"
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE=
TO=
FROM=
REFERENCE:
August 2, 1996
Mayor, City Council
Dorri Bosworth, Secreta~?
Planning and Zoning Co~s~ion
Special Use Permit - Sandmining
J. Morchesky
At its regular meeting of August 1, 1996, the Planning and Zoning
Commission held a public hearing regarding the above referenced
sandmining proposal. Mr. Randy Mosby of Mosby & Associates, Inc.
and staff reviewed the application and staff report with the
Commission. There were no objections or any public input.
After discussion, Mr. Johns made a motion "that the Planning and
Zoning Commission recommend to City Council the entire
recommendation shown under the staff report." Mr. Mather seconded
the motion. Roll call was taken and the motion passed unanimously.
In summarization, the staff report recommended that Planning and
Zoning find the proposed use met the required findings of fact set
forth in Section 20A-2.6.B and that the sandmining permit be
granted with the following conditions:
1. The permit expire one year from date of issuance.
A final survey of the completed project be submitted with the
required information as indicated in Section 20A-5.36(b) of
the Land Development Code.
The mining permit shall be posted in a visible location at the
site during operation.
P & Z Commission to City Council
Special Use Permit
Page Two
A variance be received from the Board of Adjustments regarding
the 150' setback requirement on the north, west, and east
property line.
An annual progress report be submitted on or before April 1,
1997.
Ail other applicable requirements of the Land Development Code
be met.
Also, the Planning and Zoning Commission recommends that City
Council grant an exception to the 150' setback requirement for the
south property line as provided for in Section 20A-5.30(c)(2) and
(d)(5) of the LDC. .7
RIV~RLEW PARK
(//6oo lu.s. ~)
I
-- MARINA
(#412 INOIAN
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"~'~,-- (' ~404 INDIAN
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'1
SEBASTIAN HIGHLANDS
PITY
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City of Sebastian
· 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
·
TELEPHONE (40?) 589-5330 [] FAX (40?) 589-55?0 //~'//..~
SUBJECT: SECOND REkDZNG ~}'D PUBLZC ) Agenda
IHEARING ON ORDINANCE 0-96-17 )
REZONING SKILLMAN PROPERTY FROM CL ) Dept. Origin: Community Development
TO BM-8 ) ' (RM~
i ) Date Submitted: 8/23/9.6
)
Approved For Submittal By: ) For Agenda Of: .. 9./05/96
Ic±t¥ ~ana~er ) Exh±bit~:
~ ) 1. Ordinance 0-96-17
) 2. Application for re~oning
I ) 3. Area map
) 4. Staff report
) 5. P & g recomm,ndation dated 8/2/96
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received an application for a zoning change from
Roger Skillman regarding his property consisting of approximately 5.6
acres located south of main street, east of J & W Subdivision and 100 feet
west of the U.S. Post Office Property. Mr. Skillman has requested the
zoning be changed from CL (Commercial Limited) to RM-8 (Medium Density
Multiple Family).
Ordinance 0-96-17 has been prepared for your review following the approval
by City Council on June 26, 1996, of a land use change for the subject
property from CL (Commercial Limited) to MDR (Medium Density Residential).
Attached for your review is a detailed staff report. The Planning and
Zoning Commission recommended approval of the zoning change at their
regular meeting of August 1, 1996.
Staff recommends approval of this zoning change.
RECOMMENDED ACTION
Hold public hearing regarding Ordinance 0-96-17.
Ordinance 0-96-17.
Move to approve
ORDINANCE NO. 0-96-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH
OF MAIN STREET, EAST OF J & W SUBDIVISION AND 100 FEET
WEST OF THE U.S. POST OFFICE PROPERTY, COMPRISED OF 5.6
ACRES MORE OR LESS, FROM CL (COMMERCIAL LIMITED) TO RM-8
(MEDIUM DENSITYMULTIPLE FAMILY); PROVIDING FOR REPEALOF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Roger Skillman, the owner of the parcel of property
described herein has petitioned the City of Sebastian for an
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 Section 20A-11.6(c) of
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 land use and development conditions affecting
this parcel have changed since the effective date of the existing
regulations.
· 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.
I. The proposed use is in the public interest of the
citizens of the City of Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~ectlon 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:
Ail of Blocks i and 2, Sebastian Gardens Subdivision, as
recorded in Plat Book 5, Page 58, Public Records of
Indian River County, Florida.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from CL (Commercial Limited) to RM-8
2
(Medium Density Multiple Family).
Section 3. ZONING MAP. The official City Zoning Map
shall be amended to reflect this change in zoning district.
Section 4. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon its adoption and authentication by the
signatures of the presiding officer and the Clerk of the City
Council.
The foregoing Ordinance
Councilmember
by Councilmember
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
was
moved for adoption by
The motion was seconded
and, upon being put to
The Mayor thereupon declared this Ordinance duly passed and
3
adopted this
day of
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Valerie Settles
City Attorney
4
, 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
APPLICATION FOR ZONING CHANGE
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
TELEPHONE: 589-5330
This application must be completed and returned, with ali enclosures
referred to herein, to the Planning and Zoning Soard S~cretary one week
before the scheduled meeting. This application will then be referred
the Planning and Zoning Board for study and recommendations.
DATE SCSIVE : DATE ACCEPTS ,
APPLICANT: ROGER M. SKILLMAN
PHONE: 1-407-276-5678
ADDRESS:---R--Q--~Z~_~ DELRAY BEACH FL 33447-2287
OWNER: ~OGER M. SK~LLMAN PHONE: 1-407-276-5678
ADDRESS:
v . EACH FL 33447-2287
RESIDENTIAL
EXISTING ZONING:CL COMMERCIAL LIMIT&,~,~QUESTED ZONING~ RM8 MULT. iLPE 8
LAND USE CLASSIFICATION: kCRES TO BE REZONED: 5.6
EXISTING USE: VACANT
PROPOSED USE:
=~ ~ n~VELOPER T.O CONSTRUCT RESIDENTIAL BUILDINGS.
REASON FOR PETITION? TO MATCH THE ZONING OF ADJOINING LAND FOR A MORE
COMPATIBLE DEVELOPMENT.
ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY?
NO
THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION:
If the property in question is not owned by the applicant,
a notarized Affidavit of Ownership must accompany the application
giving the consent of each owner to the applicant to apply for a
land use change.
2}. __~ A copy of the owner's deed must accompany each copy of
__~his applicat~on.
3) X__~A certified survey of the area, if not platted.
4)___~_X The legal description of the parcel(s) prososed
to be rezoned. ~
5)__~__X A drawing or map showing the zoning classifications
of all parcels of adjacent land within 300 feet of
the subject property.
(2)
6) ,f Names and addresses of
surrounding
· within 300 ft of the boundary
property
owners
7)__~__A check, money order or cash in
made payable to the City of Seb
less than 5 acres~
5 - 100 acres
more than 100 acres
The undersigned understands that this
complete and accurate before considera
Zoning Board of the City of Sebast
and
STATE OF FT~OPTD~ .... COUNTY OF__
I, _ ROGER M. SKiLLMAN ,BEING,
DEPOSE ~ND SAY ~HAT:' o'~h~r ' I AM
AM T~E LEGAL RESPRESENTATf9E OF"THE OWN
DESCRIBED W~iICH IS THE SUBJECT MATTER O
THAT ALL THE ANSWERS TO THE QUESTIONS IN
ALL SKETCHES AND DATA AND MATTER ATTACH
OF SAID APPLICATION ARE HONEST AND TRUE
KNOWLEDGE AND BELIEF.
' S I ~NATu ~E
ROGER M. SK
SWORN TO AND SUBSCRIBED
BEFORE
ME,
THIS
l~q 96~ · ,
~, ~ ~ NOTARY:
~r~ A~. 24.1~
lines.
the amount of $500.00**
Sebastian.
$225.00
$L00.00
$750.00
application must be
consideration by the Planning
Sebastian.
FIRST..DULY SWORN,
AM THE OWNER I
OWNER OF THE PROPERTY
MATTER OF THIS APPLICATION,
SAID APPLICATION AND
DATA AND MATTER ATTACHED TO AND MADE A PART
TO THE BEST OF MY
/-'/,/' . - ~.,/ - ....
SKILLMAN
iST DAY OF
MARCH
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION
CONFERENCE THROUGI~ THE PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION 'FO RESOLVE OR AVOID PROBLEMS
CONNECTED WIT}{ THE PROPOSAL.
WAIVER AND CONSENT
I/We, the owner(s) of the property located at
Sebastian, Indian River County, Florida, (the "Property"), hereby
authorize each and every member of the p & Z BOARD
Board/Commis~ion of the City of Sebastian (the
"Board"/"Commission") to physically enter upon the property and
view the Property in connection with my/our pending ~ONTNG C~MS~
(the "Proceeding").
t/We hereby waive any objection or defense I/we may have, due to
the quasi-judicial nature of the proceeding, resulting from any
Board/Commission member entering or viewing the property, including
any claim or assertion that my/our procedural or substantive due
process rights under the Florida Constitution or the United States
Constitution were violated by such entering or viewing.
This Waiver and Consent is being signed by me/us voluntarily and
not as a result of any coercion applied, or promises made, by any
employee, agent, contractor or official of the City of Sebastian.
Dated this ..~m day of
, 1996
ROGER M. SKILLMAN
SWORN to and subscribed
MARCH , 1996
My Commission Expires:
befor~
me this 1ST 'day of
Notary Public
INGRiD V
My Commission 0C309372
Ex~e~, Au~, 24, 1 ~6
S~]B~IKC~ PROPER'I~
RM
-8
V
,/
CG
C~T'Y UMIT$
INDIAN RIV~,'~ COUNTY,
CC
SCHOOL
RM-E
~L
Rezoning Request
Staff Report
1. ProJect Name: Skillman Property
2. Requested Action: Rezone a parcel of land located on Main Street frem CL
(Commercial limited) to RM8 (Medium Density Multiple
Family).
a
6.
7.
8.
Project Location
a. Address:
b. Legal:
Project Owner:
All of Blocks 1 and 2, Sebastian Gardens Subdivision, as recorded in
Plat Book 5, page 58, public records of Indian River County, Fiodda.
Indian River County Parcel Number:
ProJect Agent:
Project Engineer:
ProJect Attorney:
Project Description
a.
Mr. Roger M. Skillman
P. O. Box 2287
Delray Beach, FL 33447-2287
Narrative of proposed action:
The proposed action is to rezone the subject parcel of land from CL,
Commercial Limited, to RM8, Medium Density Multiple Family. The
applicant has stated that the proposed use is for a developer to
construct residential buildings.
Current Zoning: CL, Commercial Limited
North:
East:
South:
West:
Adjacent Properties
Zonin~
PUD-R
PS & CG
RM-8
RS-10
Site Characteristics
(1)
(2)
(3)
(4)
(5) Flood Hazard:
Current Land Use
Vacant
Institutional/Vacant
Vacant
Single-family/Vacant
Total Acreage:
Current Land Use(s):
Soil: Immokalee fine sand
Vegetation: pine
(6)
(7)
5.6 acres
vacant
Future Land Use
LDR
INS & CG
MDR
LDR
Zone X - Area determined to be outside the
500-year flood plain
Water Service:
Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
a. Future Land Use:
b. Level of Service
(1) Traffic:
Available from Indian River County
Utilities.
Riverview Park and Lake & Easy Park are
approximately one mile from the site. The
municipal golf course is approximately .75 mile
away,
Th~' fire station is just over one mile away,
The police station is just down the Main
Street.
The future land use map designates this area as
MDR, medium density residential
The requested rezoning is consistent with the Traffic Circulation
element. Based on information from Carter Associates, Inc., a
consultant for Mr. Skillman, the projected number of daily trip
(2)
(3)
(4)
(5)
(6)
generations will be reduced by 616 trips a day. This will have a
positive impact on the road system of the City.
Potable Water:
The requested rezoning is consistent with the Public Fadlifies
element. Water demand for the commercial land use is estimated to
be 14,000 gallons per day. The medium density residential land use
is projected to have a 10,931 gallons per day water demand, or a
reduction of 22%.
Wastewater:
The requested rezoning is consistent with the Public Facilities
element. The amount of wastewater generation for the commercial
land use is estimated to be 14,000 gallons per day. The medium
density residential land use is projected to generate 10,931 gallons
per day wastewater demand, or a reduction of 22%.
Stormwater:
The amount of building coverage for the RM8 zoning district is 40
percent, whereas the commercial limited district only allows a 30
percent building coverage. The RM8 requires that a minimum of
50 percent of the site must be preserved as green area. The CL
zoning district does not require any green area; the "open" area
of the site can be covered with parking and internal traffic
circulation. The 50 percent green area requirement will reduce
the amount of stormwater runoff that can be expected from the
site.
Recreation:
The conversion to residential land use will increase the demand
for recreational facilities. The rezoning can be expected to result
in 112 residents, assuming 2.5 residents per unit. This will
require an additional .22 acres of a neighborhood park and .22
acres of a community park. The rezoning is not expected to
significantly effect the rate of growth of the population of the city.
Therefore, the project is not expected to accelerate the need for
additional parks.
Solid Waste:
The requested rezoning is expected to generate a maximum of
842 pounds of solid waste per day assuming 2.5 residents per
dwelling unit.
3
10.
11.
12.
13.
14.
15.
16.
17.
(7)
Other:
The requested rezoning is consistent with the Housing element, The
RM8 zoning will increase the mix of housing available in Sebastian.
Conformance with Code of Ordinances: The requested rezoning is in
conformance with the code of ordinances.
Changed Conditions:
Since the adoption of the Future Land Use Map, C-512 has been four-laned and
has been a center for commercial activities within the City. The other
commercial center is the US 1 corridor. The need for additional commercial
property in the vicinity of the project has not occurred.
Land Use Compatibility:
The requested rezoning is compatible with the surrounding land uses. It
provides for a transition from iow density residential to more intense commercial
land use as envisioned by the Comprehensive Plan.
Adequate Public Facilities:
With the reduction in water and wastewater, the public facilities are adequate.
Natural Environment:
The requested rezoning will not have an adverse impact on the natural
environment.
Economic Effect:
The proposed rezoning will not have an adverse impact on the economy. The
proposed use is more compatible with the adjacent RS10 land use and will not
have a negative effect.
Orderly Development:
The requested rezoning will have a positive impact on the orderly development
of the City. The RM8 land use provides for an orderly transition from ES10 to
CG.
Public Interest:
The requested rezoning is in the public interest and is in harmony with the
purpose and intent of the Comprehensive Plan and Land Development Code.
4
18. Other Matters:
The Planning and Zoning Commission considered this matter at their August 1,
1996 meeting. The Commission recommends to the City Council approval of
this request.
19. Analysis:
The requested rezoning for a change from CL to RM8 provides for an orderly
transition from RS10 to CG. The proposed rezoning is not located in a wetland,
surficial aquifer recharge area, or flood hazard area. The proposed rezoning
will actually reduce projected traffic, water and wastewater demand.
20. Conclusion:
The requested rezoning is consistent with the City of Sebastian's
Comprehensive Plan, Code of Ordinances, and Land Development Code.
21. Recommendation:
It is recommended that the City Council approve Mr. Skillman's request for
rezoning the subject parcel from CL to RM8.
DATE
5
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
August 2, 1996
Mayor, City Council
Dorri Bosworth, Secretarj~)~
Planning and Zoning Comm~sion
Application for Rezoning - Mr. Roger Skillman
At its regular meeting of August 1, 1996, the Planning and Zoning
Commission held a public hearing regarding the above referenced
application. There were no objections voiced or any public input.
The Commissioners were given a copy of staff's report with
information about the proposed request to rezone Mr. Skillman's
property from CL (Commercial Limited) to RM-8 (Medium Density
Multiple-Family Residential).
After a discussion in which all members voiced their approval, the
following motion was made:
Mr. Johns made a motion ,,to recommend to City Council that Mr.
Skillman's 5.6 acres of property, located on Main Street, be
changed from CL to RM-8. This is in accordance with the
Comprehensive Plan." Mr. Mather seconded the motion.
Roll call was taken. 7-0 motion carried unanimously.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407)589-5330 [] FAX (407)589-5570
SUBJECT: SECOND READING'AND'PUBLIC ) Agenda Number: ,~. /
HEARING ON ORDINANCE 0-96-18 LAND )
USE AMENDMENT FOR SEMBLER PROPERTY ) Dept. Origin: Community Development~'-
FROM CL TO CW )
) Date Submitted: 8/23/96
Approved For Submittal By: )
) For Agenda Of: 9~.95/96
)
City Manager ./~~/.~ ) Exhibits:
v ) 1. Ordinance 0-96-18
) 2. Application for Land Use Change
) 3. Area Map
) 4. Staff Report
) 5. P & Z recommendation dated 8/2/96
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED-.
SUMMARY STATEMENT
An application for a small scale land use amendment has been submitted by
Sembler Marina Partners for property located east of North Central Avenue,
south of Davis Street and west of Indian River Drive and consisting of
4.48 acres more or less. The applicant has requested a land use change
from CL (Commercial Limited) to CW (Commercial Waterfront).
Attached for your review is'a detailed staff report. The Planning and
Zoning Commission recommended approval of this land use change at their
regular meeting of August 1, 1996.
Staff recommends approval of this small scale land use amendment.
RECOMMENDED ACTION
Hold public hearing regarding Ordinance 0-96-18.
Ordinance 0-96-18.
Move to approve
ORDINANCE NO. 0-96:-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL SCALEAMENDMENT TO THE
COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP
FROM CL (COMNI~RCIAL LIMITED) TO CW (COMMERCIAL
WATERFRONT) FOR TWO PARCELS OF LAND CONSISTING OF 4.48
ACRES, MORE OR LESS, LOCATED EAST OF NORTH CENTRAL
AVENUE, SOUTH OF DAVIS STREET, AND WEST OF INDIAN RIVER
DRIVE; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT
QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA
STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF
THE SMALL SCALE AMENDMENT TO BE TRANSMITTED TO ALL
PARTIES AS REQUIRED BY FLORIDA STATUTES SECTION 163.3187
(4); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of
Sembler Marina Partners for a small scale amendment to change the
land use for certain property, as reflected on the Future Land Use
Map from CL (Commercial Limited) to CW (Commercial Waterfront); and
WHEREAS, the application qualifies as a small scale amendment
under Florida Statutes Section 163.3187 (1)(c); and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.8(c) of the Land Development Code and
Florida Statutes Section 163.3187 (1)(c) together with the findings
and recommendations of its staff and the Planning and Zoning
Commission; and
WHEREAS, the City Council has provided notice of the proposed
small scale Plan Amendment and has conducted a final public hearing
to receive citizen input; and
WHEREAS, the City Council has considered the application
provisions of the existing Comprehensive Land Use Plan together
with the recommended findings of its staff; and
WHEREAS, the City Council has determined that the proposed
changes in the City's Comprehensive Land Use Plan, as set forth in
the small scale amendment application, are consistent with the
existing comprehensive plan and the future development goals of the
City of Sebastian.
NOW THEREFORE, BE IT ORDAINED BE THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1.
QUALIFICATION AS SMALL SCALE AMENDMENT. The
application for a Comprehensive Plan amendment filed by Sembler
Marina Partners qualifies as a small scale amendment under Florida
Statute Section 163.3187 (1)(c).
~ection 2. AFFECTED PROPERTY.
The Small .scale amendment
to the Comprehensive Plan Future Land Use Map adopted by 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:
Parcel "A":
A parcel of land lying in Section 31, Township 30 South,
Range 39 East, Indian River County, Florida and being a
portion of Lots 5 and 6, Estate of August Park, recorded
in Plat Book 1, Page 19 of the Public Records of St.
Lucie County, Florida lying westerly of the east right-
of-way of Indian River Drive and easterly of the Fleming
Grant Line, more particularly described as follows:
Beginning at the intersection of the easterly right-of-
way line of Indian River Drive and a line parallel with
and 216.51 feet north of, by perpendicular measurement
from the south line of Lot 5, Estate of August Park;
Thence S24°50'25"E along said right-of-way 423.63 feet;
Thence S87°34'14"W, 106.39 feet;
Thence N02o25'46"W, 15.00 feet;
Thence S87°34'14"W, 45.00 feet;
Thence S02~25'46"E, 15.00 feet;
Thence $87~34'14"W, 108.96 feet to a point on the Fleming
Grant Line;
2
Thence N45°00'00"W, along the Fleming Grant Line 305.69
feet to a point on a line parallel with and 50.00 feet
north of, by perpendicular measurement from the south
line of Lot 5, Estate of August Park;
Thence N87°34'14"E, along said line 82.41 feet;
Thence N02~25'46',W, 118.93 feet;
Thence N33~55'46"W, 55.80 feet, to a point on a line
parallel with and 216.51 feet north of, by perpendicular
measurement from the south line of Lot 5, Estate of
August Park;
Thence along said line N87~34'14"E, 252.39 feet to the
point of beginning.
and
Parcel ttB":
A parcel of land lying in Section 30 of the Fleming
Grant, Indian River County, Florida, more particularly
described as follows:
Beginning at the intersection of the south right-of-way
of 9th Street and the westerly line of August Park
Subdivision (same being the Fleming Grant Line as shown
on page 19 of Plat Book 1, St. Lucie County Public
Records);
Thence run southwesterly along the south right-of-way of
9th Street 183.21 feet to the east right-of-way of North
Central Avenue;
Thence run southerly along said east right-of-way a chord
distance of 342.96 feet;
Thence run to the east with a back angle of 108~09,30.,
and run 371.49 feet to a point on the west line of the
August Park Subdivision (Fleming Grant Line);
Thence run northwesterly along the Fleming Grant Line, to
the point of beginning.
Section 3.
DESIGNATION.
The Comprehensive Plan Future
Land Use Map (1-1) shall be amended from CL (Commercial Limited) to
CW (Commercial Waterfront) for the affected property as described
in Section 2.
Section ¢. NOTIFICATION. The City shall transmit a copy
of the Plan Amendment to the Department of Community Affairs as
provided in Florida Statutes Section 163.3187 (4).
3
Section 5. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 6. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall become
effective 31 days after adoption and authentication by the
signatures of the presiding officer and the Clerk of the City
Council, or if challenged within 30 days after adoption, shall not
become effective until the state land planning agency or the
Administrative Commission issues a final order determining the
adopted small scale development amendment is in compliance.
The foregoing Ordinance was
Councilmember
by Councilmember
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
moved for adoption by
. The motion was seconded
and, upon being put to
The Mayor thereupon declared this Ordinance duly passed and
4
adopted this
ATTEST:
day of
, 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Valerie Settles
City Attorney
5
APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
1225 MAIN STREET, SEBASTIAN, FLORIDA
TELEPHONE: 589-5330
This application must be completed and returned, with al!
enclosures'referred to h~rein, to the Planning and Zoning
Board secretary one week before the scheduled meeting.
This application will then be referred to the Planning and
Zoning Board for study and recommendations.
DATE RECEIVED: ~-/ ~'~ ~' DATE ACCEPTED,
APPLICANT: SEMBLER MARINA PARTNERS PHONE: (407) 722-0705
ADDRESS: 490 N HARBOR CITY BLVD, MELBOURNE, FL 32935
OWNER: SEM~LER MARINA PARTNERS, LTD PHONE: (407) 7~2-0705
ADDRES$:~ N HARBOR CITY BLVD, MELBOURNE, FL 3293~
EXISTING LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR PETITION?'
CA_
ACRES.TO BE REDESIGNATED: 2.01
EXISTING UsE:BOAT STORAGE, WHOLESALE FISH SALES, STORAGE, ETC
PROPOSED USE: SAME
THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATION:
If the property in question is not owned by the applicant,
a notarized Affidavid of Ownership must accompany
the application giving the consent of each owner
to the applicant to apply for a land use change.
A copy of the owner's deed must accompany each copy of
this application.
3) ¥ A certified survey of the area, if not pla~ted.
4) ~.. The legal description of the parcel(s) proposed
to be changed.
5)
A drawing or map showing the zoning classifications
of all parcels of adjacent land within 300 fee.t of
the subject property.
AppLICATION FOR AMENDMENT OF LAND USE DESIGNATION
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
1225 MAIN STREET, SEBASTIAN, FLORIDA
TELEPHONE: 589-5330
!
!
This application must be completed and returned, w£th all
enclosures'referred to h~rein, to the Planning and Zoning
Board secretary one week before the scheduled meeting.
This application will then be referred to the Planning and
Zoning Board for study and recommendations.
APPLICANT:SEMBLER MARINA PARTNERS PHONE:(407) 722-0705
ADDRESS: 490 N gARBOR CITY B~VD,_MELBOURNE, FL. 32~35
OWNER~3LAgn~ANDr. E~R OF CENTRAL FLORIDAPHONE~{.407).. 7~2.,07~
INC
ADDRESS: P.O. BO~ 1796 MELBOURNE, FL 32902-1796~
EXISTING LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR PETITION?
ACRES.TO BE REDESIGNATED: 2.47
EXISTING USE: FPL EOUI~MENT...STORAGE
PROPOSED
THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATION:
1) x
2) ~
If the property in question is not owned by the applicant,
a notarized Affidavid of Ownership must accompany
the application giving the consent of each owner
to the applicant to apply for a land use change.
A copy of the owner's deed must accompany each copy of
this application.
certified survey of the area, if not pla~ted.
4)~ The legal description of the parcel(s) proposed
to be changed.
5)
A drawing or map showing the zoning classifications
of all parcels of adjacent land within 300 fee.t of
the subject property.
i
i
I
I
I
i
I-,'
I
I
I
I
I
I
I
I
I
I.
I
(2)
6)
7)
FEE SCHEDULE
less than 5 acres
5 - 100 acres
more than 100 acres
Names and addresses of surrounding property owners
within 300 ft of the boundary lines.
A check, money order or cash in the amount-of $
made payable to the City of Sebastian.
$225.00
$500.00
$750.00
The undersigned understands that this application must be
complete and accurate before consideration by the Planning
and Zoning Board of the City of Sebastian.
STATE OF FLORIDA
COUNTY OF BREVARD
I, H. J. UNDERILL, III ,BEING FIRST DULY SWORN,
DEPOSE AND SAY THAT: I AM THE OWNER X I
AM TIIE LEGAL RESPRESENTATIVE OF THE OWNER OF THE PROPERTY
DESCRIBED WI{ICH IS THE SUBJECT MATTER OF THIS APPLICATION,
THAT ALL TI{E ANSWERS TO THE QUESTIONS IN SAID APPLICATION AND
ALL SKETCIIES AND DATA AND MATTER ATTACHED TO AND MADE A PART'
OF SAID APPLICATION ARE IIONEST "AND TRUE TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
SWORN TO AND SUBSCRIBED BEFO~E__.M~, THIS
19 96
1 8th DAY OF
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION
CONFERENCE T}~ROUGI! TI!E PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS
CONNECTED WiTH THE PROPOSAL.
·
WAIVER AND CONSENT
I/We, ~he owner(s) of the property located at 1698 NORTH CENTP~AL
Sebastian, Indian River County, Florida, (the "Pr~ty'--~-, he-~-~y
authorize each and every member of the
Board/CommisSion of the City of s~b~stian ithe
"Board"/"Commission") to. physically enter upon the property and
view the Property in connect!on with my/our pending
(the "Proceeding").
I/We hereby waive any objection or defense I/we may have, due to
the quasi-judicial nature of the proceeding, resulting from any
Board/Commission member entering or v~ewing 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 b.eing 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.
.
. Dated this ~ day of .~ . , 199 6--.
' SWORN tO and subscribed before me this I~ day of
NotAry ~ublic
My CoTission Expires:
CITY
LIMITS
05
TOWNSHIP 31S
VOLUNT1
FIRE D
Comprehensive Plan Amendment
Staff Report
1. Project Name: Sembler Madna
Requested Action: Change the future Land Use Map from CL, Commercial
Limited to CW, Commercial, Madne Waterfront.
3. Project Location:
a. Address:
b. Legal:
Parcel "A":
A parcel of land lying in Section 31, Township 30 South, Range
39 East, Indian River County, Flodda and being a portion of Lots
5 and 6, Estate of August Park, Recorded in Platt Book 1, Page
19 of the Public Records of St. Lucie County, Florida lying
westerly of the east right-of-way of Indian River Ddve and
easterly of Fleming Grant Line, more particularly described as
follows:
Beginning at the intersection of the easterly right-of-way line of
Indian River Ddve and a line parallel with and 216.51 feet north
of, by perpendicular measurement from the south line of lot 5,
Estate of August Park;
Thence
Thence
Thence
Thence
Thence
Thence
Line;
S24° 50'25"E along said right-of-way 423.63 feet;
S87° 34'14"W, 106.39 feet;
N02' 25'46"W, 15.00 feet;
$87° 34'14"W, 45.00 feet;
S02' 25'46"E, 15.00 feet;
S87°34'14"W, 108.96 feet to a point on Fleming Grant
Thence N45°00'00"W, along the Fleming Grant Line 305.69 feet
to a point on a line parallel with and 50.00 feet north of, by
perpendicular measurement from the south line of Lot 5, estate of
August Park;
Thence N87°34'14"E, along said line 82.41 feet;
Thence N02° 25'46"W, 118.93 feet:
Thence N33° 55'46"W, 55.80 feet, to a point on a line parallel
with the south line of Lot 5, Estate of August Park;
Thence along said line N87'34'14"E, 252.39 feet to the point of
beginning.
6.
7.
8.
And
Parcel "B":
A parcel of land lying in Section 30 of the Fleming Grant, Indian
River County, Flodda, more particularly described as follows:
Beginning at the intersection of the south right-of-way of the 9th
Street and the westedy line of August Park Subdivision (same
being the Fleming Grant Line as shown on Page 19 of Plat Book
1, St. Lucie County Public Records);
Thence run southwesterly along the south right-of-way of 9th
Street 183.21 Feet to the east right-of-way of North Central
Avenue,
Thence run southedy along said east right-of-way a chord
distance of 342.96 feet;
Thence run to the east with a back angle of 108° 09'30", and run
371.49 feet to a point on the west line of the August Park
Subdivision (Fleming Grant Line);
Thence run northwesterly along Fleming Grant Line, to the point
of beginning.
c. Indian River County Parcel Number:
Project Owner:
Sembler Marina Partners
490 N. harbor City Blvd.
Melboume, FL 329335
Project Agent:
Project Engineer:
Project Attorney:
Project Description
a. Narrative of proposed action:
It is proposed that for the subject property, the future land use map of
the comprehensive plan be changed from CL, commercial limited to CW,
commercial, madne waterfront. The applicant has indicated that the
proposed use of the property is boat storage, wholesale fish sales, and
storage.
b. Current Zoning:
CI, commercial limited
2
North:
East:
South:
West:
Adjacent Properties
Zonincl
Current Land Use
Future Land Use
COR vacant, residence MD
CL Davis House CL
GMC Sembler Madna CW
CL vacant, residence CL
CG residence CG
Site Characteristics
(2)
(3)
(4)
(S)
(8)
(7)
(8)
(9)
Total Acreage: 4.48 acres
Current Land Use(s): storage, parking, vacant FPL site.
Soil: Immokalee fine sand
Pomello sand
Vegetation: flatwoods and cleared
Flood Hazard:
Zone AE (el. 6)
Zone X - areas of 500-year flood, areas of 100-year with average
depths of less than 1 foot or with drainage areas less than 1
square mile; and areas protected by levees from 100 year flood.
Zone X - areas determined to be outside 500-year flood plain
Water Service: Indian River County Utilities
Sanitary Sewer Service: Indian River County Utilities
Parks: Community Center within 100 yards
Police/Fire: Fire Department within a 1000 feet
Police Department just over 1 mile away.
Comprehensive Plan Consistency
a. Future Land Use:
The commercial, madne waterfront land use designation is intended to
accommodate madna and madne related services along the more highly
accessible waterfront sites with the potential to satisfy the unique
location, market, and resource needs of the madne related activities.
Due to the narrow nature of the area designated CW on the future land
use map (all east of Indian River Ddve), it is often impractical to locate
3
10.
11.
C-'
f=
madne related activities in that area. Additional land west of Indian River
Ddve is needed to be included.
Traffic Circulation:
No change is expected relative to the impacts of traffic circulation. Both
the CL and CW land use designations have a maximum intensity of an
average weekday vehicle tdps of 140/1,000 sq. ff. of gross floor area.
Public Facilities:
No change is expected in demand for potable water, sanitary sewer, or
solid waste as a result of the proposed amendment. The level of service
standard is established for commercial uses and does not differentiate
between limited commercial or waterfront commercial.
Housing:
No change is expected as a result of this proposed am..endment.
Coastal Management:
The proposed amendment is consistent with the Coastal Management
element of the comprehensive plan.
Recreation and Open Space:
The proposed amendment will not effect the level of service for
recreation and open space requirements of the comprehensive plan.
Conservation:
The proposed amendment is consistent with the Conservation element
of the comprehensive plan.
Intergovernmental Coordination:
The proposed amendment will not effect
Coordination element of the comprehensive plan.
Conformance with Code of Ordinances:
the Intergovernmental
The proposed amendment is consistent with the Code of Ordinances.
Changed Conditions:
Since the adoption of the comprehensive plan, the City has established a
Riverfront Advisory Committee for the purpose of developing a vision to address
the long term needs of the riverfront. The committee has recommended and the
4
City Council has adopted the theme of an "Old Florida Fishing Village" for the
river front area. Included in the City Council resolution adopting the theme, was
a set of principle developed by the Riverfront Committee. One of the principles
was to maximize the use of what we already have. The commercial fish houses
and madnas are an important component of the dverfront community. The
current future land use designation limits the commercial water front activities to
the east side of the Indian River Drive. The depth of the land restricts the
viability of the such activities. In addition, traditionally marine related activities
have occurred on both sides of Indian River Drive. '
12. Land Use Compatibility:
The Riverfront Committee is currently developing recommendations conceming
land uses in the dverfront area. In a recent meeting of the committee, most land
uses were found to be compatible on both sides of Indian River Ddve. The
comprehensive plan provides that landscaping, screening, and nuisance
abatement standards should be used to maintain the stability of adjacent and
nearby residential areas.
13. Adequate Public Facilities:
Public facilities are adequate to serve the proposed amendment.
14. Natural Environment:
The site included in the proposed amendment has had a long history of use by
man. The eastern portion has been utilized as overflow from the adjacent
marina; the northwest portion was a storage area for FPL trucks. Most of the
historical natural features of the land have been altered.
The protection of large trees will be protected through the tree ordinance and
will not be effected by the proposed amendment.
The proposed amendment will not have a greater impact on the natural
environment over the current future land use designation.
15. Economic Effect:
The proposed amendment will not adversely affect the property values in the
area, the general health, safety and welfare nor impact the financial resources
of the city. Adjacent and nearby residential areas should be protected from
incompatible uses through the use of landscaping, screening, and noise
abatement standards.
16. Orderly Development:
The proposed amendment will provide for the ordedy development of the madne
related services in the dverfront area. This is consistent with the
recommendations of the Riverfront Committee.
17. Public Interest:
18.
19.
20.
21.
The proposed amendment is in the public interest and is in harmony with the
purpose and intent of the Land Development Code.
Other Matters:
The Planning and Zoning Commission considered this matter at their August 1,
1996 meeting. The Commission recommends to the City Council approval of
this request.
Analysis:
Currently, the Madne Waterfront Commercial future land use designation is
limited to the east side of Indian River Drive. The depth of the parcels in that
area are often not adequate to accommodate marinas and madne related
services. Historically, the riverfront commercial activities have included both
sides of Indian River Drive.
The Riverfront Advisory Committee has been reviewing desirable land uses in
the dverfront area and preliminary indication are that most uses are compatible
on each side of Indian River Ddve.
The proposed amendment will not effect the level of service standards of the
comprehensive plan and is consistent with the elements of the plan.
Conclusion:
The requested amendment to the future land use map is consistent with the
Code of Ordinances, Land Development Code, and the Comprehensive Plan.
Recommendation:
It is recommended that the City Council approve the requested amendment
changing the future land use map for the subject property from CL to CW.
PREPARED BY
DATE
6
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
August 2, 1996
Mayor, City Council
Dorri Bosworth, Secreta _~~.
Planning and Zoning Co~zi~sion
Application for Comprehensive Plan
Land Use Change - Sembler's Marina
At its regular meeting of August 1, 1996, the Planning and Zoning
Commission held a public hearing regarding the above referenced
application for amending the future land use map for the subject
parcels from Commercial Limited to Commercial Waterfront. The
Commissioners were given a copy of staff's report and discussed the
information with Mr. Massarelli. There was no public input.
Mr. Munsart made a motion that "we recommend to the City Council
that the Comprehensive Plan be amended to change the future
Comprehensive Plan maps of the subject parcels in the staff report
from CL to CW" Mr. Mather seconded the motion.
Ail members voted in favor of the motion.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407)589-5330 [] FAX (407) 589-5570 7'~
SUBJECT: SECOND READING AND PUBLIC ) Agenda Number: ·
HEARING ON ORDINANCE 0-96-19 )
REZONING SEMBLER PROPERTY FROM CL ) Dept. Origin: Community Development~
TO GMC ) (RM)r'-'-''~''''~-
) Date Submitted: 8/~3../...96
Approved For Submittal By: )
) For Agenda Of: 9/05/9.6
City Manager ~ ~.~,~ ) ....
) Exhibits:
) 1. ordinance 0-96-19
) 2. Application for Rezoning
) 3. Area Map
) 4. Staff Report
) 5. P & Z recommendation dated 8/2/96
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
An application for a zoning change has been submitted by Sembler Marina
Partners for property located east of North Central Avenue, south of Davis
Street and west of Indian River Drive and consisting of 4.48 acres more or
less. The applicant has requested a zoning change from CL (Commercial
Limited) to GMC (General Marine Commercial).
Attached for your review is a detailed staff report. The Planning and
Zoning Commission recommended approval of this zoning change at their
regular meeting of August 1, 1996.
Staff recommends approval of this zoning change.
RECOMMENDED ACTION
Hold public hearing regarding Ordinance 0-96-19.
ordinance 0-96-19.
Move to approve
ORDZN;~I~CE NO. 0-96-~9
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST
OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET AND WEST
OF INDIAN RIVER DRIVE, COMPRISED OF 4.48 ACRES MORE OR
LESS, FROM CL (COMMERCIAL LIMITED) TO GMC (GENERAL MARINE
COMMERCIAL); PROVIDING FOR REPEALOF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sembler Marina Partners has petitioned the City of
Sebastian for an 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 Section 20A-11.6(c) of
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 land use and development conditions affecting
this parcel have changed since the effective date of the existing
regulations.
uses.
The proposed use is compatible with adjacent land
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.
I. The proposed use is in the public-interest of the
citizens of the City of Sebastian.
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:
Parcel "A":
A parcel of land lying in Section 31, Township 30 South,
Range 39 East, Indian River County, Florida and being a
portion of Lots 5 and 6, Estate of August Park, recorded
in Plat Book 1, Page 19 of the Public Records of St.
Lucie County, Florida lying westerly of the east right-
of-way of indian River Drive and easterly of the Fleming
Grant Line, more particularly described as follows:
Beginning at the intersection of the easterly right-of-
way line of Indian River Drive and a line parallel with
and 216.51 feet north of, by perpendicular measurement
from the south line of Lot 5, Estate of August Park;
Thence S24o50'25"E along said right-of-way 423.63 feet;
Thence S87°34'14,,W, 106.39 feet;
Thence N02~25'46"W, 15.00 feet;
Thence S87~34'14,'W, 45.00 feet;
Thence S02~25'46"E, 15.00 feet;
Thence S87°34'14"W, 108.96 feet to a point on the Fleming
Grant Line;
Thence N45~00'00',W, along the Fleming Grant Line 305.69
feet to a point on a line parallel with and 50.00 feet
north of, by perpendicular measurement from the south
line of Lot 5, Estate of August Park;
Thence N87°34'14"E, along said line 82.41 feet;
Thence N02~25'46,'W, 118.93 feet;
Thence N33~55'46"W, 55.80 feet, to a point on a line
parallel with and 216.51 feet north of, by perpendicular
measurement from the south line of Lot 5, Estate of
August Park;
Thence along said line N87~34'14"E, 252.39 feet to the
point of beginning.
and
Parcel "B":
A parcel of land lying in Section 30 of the Fleming
Grant, Indian River County, Florida, more particularly
described as follows:
Beginning at the intersection of the south right-of-way
of 9th Street and the westerly line of August Park
Subdivision (same being the Fleming Grant Line as shown
on page 19 of Plat Book 1, St. Lucie County Public
Records);
Thence run southwesterly along the south right-of-way of
9th Street 183.21 feet to the east right-of-way of North
Central Avenue;
Thence run southerly along said east right-of-way a chord
distance of 342.96 feet;
Thence run to the east with a back angle of 108~09,30,,,
and run 371.49 feet to a point on the west line of the
August Park Subdivision (Fleming Grant Line);
Thence run northwesterly along the Fleming Grant Line, to
the point of beginning.
Ail of Blocks 1 and 2, Sebastian Gardens Subdivision, as
recorded in Plat Book 5, Page 58, Public Records of
Indian River County, Florida.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from CL (Commercial Limited) to GMC
3
(General Marine Commercial).
Section 3. ZONING MAP. The official City Zoning Map
shall be amended to reflect this change in 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 hold or determine that any part of
this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. Following its adoption and
authentication by the signatures of the presiding officer and the
Clerk of the City Council, this Ordinance shall become effective
one day following the effective date of Ordinance 0-96-18.
The foregoing Ordinance was
Councilmember
by Councilmember
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
moved for adoption by
. The motion was seconded
and, upon being put to
The Mayor thereupon declared this Ordinance duly passed and
4
adopted this
day of
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Valerie Settles
City Attorney
5
, 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
APPLICATION FOR ZONING CHANGE
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
TELEPHONE: 589-5330
This application must be'completed and returned, with ali enclosures
referred to herein, to the Planning and Zoning Board $~cretary one week
before the scheduled meeting. This application wi!! then be referred to
the Planning and Zoning Board for study and recommendations.
DATE RECEIVED: i.~-;9 - ~ DATE ACCEPTED:
APPLICANT:~EMBLER MARINA PARTNERS, LTD PHONE: (407) 722-0705
ADDRESS:490 N HARBOR CITY BLVD, MELBOURNE, FL 32935
OWNER: SEMBLER MARINA PARTNERS, LTD
ADDRESS: 490 N HARBOR .CITY BLVD
PHONE:
· (407) 722-0705
EXISTING ZONING:CL, LIMITED COMMERCI~QUESTED ZONING: GMC
LAND USE CLASSIFICATION: kCRES TO. BE REZONED:2.01
EXISTING USE:MARINA, BOAT STORAGE, WHOLESALE/RETAIL FISH SALES
PROPOSED USE:SAME
REASON FOR PETITION? TO PROPERLY REFLECT CURRENT GRANDFATHERED
~CTIVITIES AND PREPARE FOR PROPOSED MARINA REDEVELOPMENT
ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? YES
THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION=
1) If the property in question is not owned by the applicant,
a notarized Affidavit of. Ownership must accompany the application
giving the consen~ of each owner to the applicant to apply for a
land use change.
X
A co~y of the 6wner's deed must accompany each cody of
~his applicat__~on.
X A certified survey of the area, if not platted.
XThe legal description of the parcel(s) prooosed
to be rezoned.
2)
3)
A drawing or map showing the zoning classifications
of al! parcels of adjacent land within 300 feet of
the subject proper~y.
APPLICATION FOR ZONING CHANGE ~~~
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
TELEPHONE: 589-5330
This application must be completed and returned, with ali enclosures '
referred to herein, to ~he Planning and Zoning Board S~cretary one week
before the scheduled meeting. This application will then be referred
the Planning and Zoning Board for study and recommendations.
A, PL~C~NT: SEMBLER MARINA PARTNERS p,ONE./407~ 722-0705
AD~,ESS. 4~0 ~ ~AR~OR S~Y B~W. MElbOURNE. ~L ~2935
OWNER:LANDHANDLERS OF CENTRAL FLORIDA, IN~HONE~'(407) 722-0705
ADDRESS, P.O. BOX 1796, MELBOURNE, FL 32902-1796
GMS-
EXISTING ZONING~ CL
LAND USE CLASSIFICATION~
EXISTING.USE: FPL EQUIPMENT STORAGE
REQUESTED ZONING~
kCRES TO BE REZONED: 2.47
PROPOSED USE: BOAT STORAGE
REASON FOR PETITION?ALLOW REVENUE PRODUCTION AND PREPARE FOR PROPOSED
MARINA REDEVELOPMENT
ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? YES
THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION~
1) x
If the property in question is not owned by the applicant,
a notarized Affidavit of Ownership must accompany the application
giving the consen¢ of each owner to the applicant ~o apply for'a
land use change. ..
2) X A copy of the owner's deed must accompany each copy Of
_.~his applica__~on.
3) X A certified survey of the area, if not platted.
4) y. The legal description of ~he parcel(s) proposed
to be rezoned.
5)
A drawing or map showing the zoning classifications
of all parcels of adjacent land within 300 feet of
~he subject property.
I
i
' i
I
(2)
6)
Names and addresses of surrounding proper~y owners
within 300 fC of the boundary lines.
7)_X___ A check, money order or cash in the amount of $ 225.00
made payable to the City of Sebastian. ~
less than 5 acres
5 - 100 acres
more than ~00 acres
FEE SCHEDULE
$225.00 ~'k~
$500.00
$750.00
The undersigned understands that this application must be
complete and accurate before consideration by the Planning
and Zoning Board of the City of Sebastian.
STATE OF FLORIDA COUNTY OF ~VARD
Z, H. J. UNDERILL,III ,BEING FIRST DULY SWORN,
DEPOSE AND SAY THAT: I AM THE OWNER __~ !
AM TIIE LEGAL RESPRESENTATIVE OF THE OWNER OF THE PROPERTY
DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION,
THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION AND
ALL SKETCHES AND DATA AND MATTER ATTACHED TO AND MADE A PART
OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
SWORN TO AND SUBSCRIBED BEFORES, THIS 18th JUNE
!996
~'~ '~""'~'?'", KlM C. LYON8
· .-~,-. ./~..,,~,, ' BO,t,F?.D ~-H~J-~OYF. flNiNSURAN~.iNC.
DAY OF
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPL[CATZON
CONFERENCE THROUGII THE PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS
CONNECTED WITH THE PROPOSAL.
' I
WAIVER AND CONSENT
I/We, the owner(s) of the property located at 1664 N INDIAN RIVER
,
Sebastian, Indian River County, Florida, (the "Property',), hereby
authorize e~ch and every member of the PLANNING & ZONING
Board/Commis~ion of the City of Sebastian (the
"Board"/"Commission-) to physically enter upon the property and
view the Property in connection with my/our pending
(the "Proceeding").
I/We hereby waive any objection or defense I/we may have, due to
the quasi-judicial nature of the proceeding, 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.
Dated this 18th
day of JUNE , 1996
SEMBLER MARINA PARTNERS, LTD
H./L~D~R ILL
III, GENERAL PARTNER
SWORN to and subscribed before me this 18th day of
JUNE
, 19 96
My Commission Expires:
CITY
MAI~INA
(#1732~ ~NOh~ mV~ 0roVE}
MARtNA
(J1660 IN01AN RIv[R OI~IV[} ',
FIRF <JTA ~ON
(~1640 U.S. I)
8
CG
POLICE
STATION
(,~1606 tt~OIAt~
\ TOWNC.~HIP
TOWNSHIP
Rezoning Request
Staff Report
1. Project Name: Sembler Madna
2. Requested Action:
3. Project Location
a. Address:
b. Legal:
Parcel "A":
A parcel of land lying in Section 31, Township 30 South, Range 39 East,
Indian River County, Florida and being a portion of Lots 5 and 6, Estate
of August Park, Recorded in Platt Book 1, Page-19 of the Public
Records of St. Lucie County, Florida lying westerly of the east right-of-
way of Indian River Drive and easterly of Fleming Grant Line, more
particularly described as follows:
Beginning at the intersection of the easterly right-of-way line of Indian
River Ddve and a line parallel with and 216.51 feet north of, by
perpendicular measurement from the south line of lot 5, Estate of August
Park;
Thence
Thence
Thence
Thence
Thence
Thence
S24'50'25"E along said right-of-way 423.63 feet;
S87' 34'14'W, 106.39 feet;
NO2° 25'46"W, 15.00 feet;
S87' 34'14"W, 45.00 feet;
S02~ 25'46"E, 15.00 feet;
S87°34'14"W, 108.96 feet to a point on Fleming Grant Line;
Thence N45°00'00"W, along the Fleming Grant Line 305.69 feet to a
point on a line parallel with and 50.00 feet north of, by perpendicular
measurement from the south line of Lot 5, estate of August Park;
Thence N87' 34'14"E, along said line 82.41 feet;
Thence N02' 25'46"W, 118.93 feet:
Thence N33'55'46"W, 55.80 feet, to a point on a line parallel with the
south line of Lot 5, Estate of August Park;
Thence along said line N87°34'14"E, 252.39 feet to the point of
beginning.
And
Parcel "B":
6.
7.
8.
A parcel of land lying in Section 30 of the Fleming Grant, Indian River
County, FIodda, more particularly described as follows:
Beginning at the intersection of the south right-of-way of the 9th Street
and the westedy line of August Park Subdivision (same being the
Fleming Grant Line as shown on Page 19 of Plat Book 1, St. Lucie
County Public Records);
Thence run southwesterly along the south right-of-way of 9th Street
183.21 Feet to the east right-of-way of North Central Avenue,
Thence run southerly along said east right-of-way a chord distance of
342.96 feet;
Thence run to the east with a back angle of 108' 09'30", and run 371.49
feet to a point on the west line of the August Park Subdivision (Fleming
Grant Line);
Thence run northwesterly along Fleming Grant Line, to the point of
beginning.
c. Indian River County Parcel Number:
Project Owner:
Sembler Marina Partners
490 N. harbor City Blvd.
Melbourne, FL 329335
Project Agent:
Project Engineer:
Project Attorney:
Project Description
a. Narrative of proposed action:
It is proposed that for the subject property, the zoning be changed from
CL, commercial limited to GMC, General Marine Commercial. The
applicant has indicated that the proposed use of the property is boat
storage, wholesale fish sales, and storage.
b. Current Zoning: CL, commercial limited
North:
East:
South:
West:
Adjacent Properties
Zonin~
Current Land Use
Future Land Use
COR vacant, residence MD
CL Davis House CL
GMC Sembler Madna CW
CL vacant, residence CL
CG residence CG
Site Characteristics
(1)
(2)
(3)
(4)
(s)
(6)
(7)
(8)
(9)
Total Acreage: 4.48 acres
Current Land Use(s): storage, parking, vacant FPL site
Soil: Immokalee fine sand
Pomello sand
Vegetation: flatwoods and cleared
Flood Hazard:
Zone AE (el. 6)
Zone X - areas of 500-year flood, areas of 100-year with average
depths of less than 1 foot or with drainage areas less than 1
square mile; and areas protected by levees from 100 year flood.
Zone X - areas determined to be outside 500-year flood plain
Water Service:
Indian River County Utilities
Sanitary Sewer Service:
Indian River County Utilities
Parks: Community Center within 100 yards
Police/Fire:
Fire Department within a 1000 feet
Police Department just over 1 mile away.
Comprehensive Plan Consistency
3
Future Land Use:
The commercial, madne waterfront future land use designation is
intended to accommodate madna and madne related services along the
more highly accessible waterfront sites with the potential to satisfy the
unique location, market, and resource needs of the madne related
activities. Due to the narrow nature of the area designated CW on the
future land use map (all east of Indian River Ddve), it is often impractical
to locate madne related activities in that area. Additional land west of
Indian River Ddve is needed to be included.
The proposed rezoning is inconsistent with the current future land use
map of the Comprehensive Plan. The applicant has filed a request for
an amendment to the future land use element of the Comprehensive
Plan which would than make the rezoning request consistent with the
Comprehensive Plan.
Level of Service
(1) Traffic:
No change is expected relative to the impacts of traffic
circulation. Both the CL and CW future land use designations
have a maximum intensity of an average weekday vehicle tdps of
140/1,000 sq. ff. of gross floor area.
(2) Potable Water:
No change is expected in the level of service for potable water as
a result of the proposed rezoning. The level of service standard
is established for commercial uses and does not differentiate
between limited commercial or waterfront commercial.
(3) Wa~ewa~r:
No change is expected in the level of service for sanitary sewer
as a result of the proposed rezoning. The level of service
standard is established for commercial uses and does not
differentiate between limited commercial or waterfront
commercial.
(4) Stormwater:
No change is expected in the level of service for drainage as a
result of the proposed rezoning. The level of service standard
established does not differentiate between limited commercial or
waterfront commercial.
4
10.
11.
12.
13.
(5) Recreation:
(6) Solid Waste:
No change is expected in the level of service for solid waste as a
result of the proposed rezoning. The level of service standard
established does not differentiate between limited commercial or
waterfront commercial.
(7) Other:
None
Conformance with Code of Ordinances:
The proposed rezoning is consistent with the Code of Ordinances.
Changed Conditions:
Since the adoption of the comprehensive plan, the City has established a
Riverfront Advisory Committee for the purpose of developing a vision to address
the long term needs of the dverfront. The committee has recommended and the
City Council has adopted the theme of an "Old Flodda Fishing Village" for the
dver front area. Included in the City Council resolution adopting the theme, was
a set of principle developed by the Riverfront Committee. One of the principles
was to maximize the use of what we already have. The commercial fish houses
and marinas are an important component of the dverfront community. The
current future land use designation limits the commercial water front activities to
the east side of the Indian River Drive. The depth of the land restricts the
viability of the such activities. In addition, traditionally madne related activities
have occurred on both sides of Indian River Drive.
Land Use Compatibility:
The Riverfront Committee is currently developing recommendations concerning
land uses in the dverfront area. In a recent meeting of the committee, most land
uses were found to be compatible on both sides of Indian River Drive. The
comprehensive plan provides that landscaping, screening, and nuisance
abatement standards should be used to maintain the stability of adjacent and
nearby residential areas.
Adequate Public Facilities:
Public facilities are adequate to serve the proposed rezoning.
5
14. Natural Environment:
15.
16.
17.
18.
19.
The site included in the proposed rezoning has had a long history of use by
man. The eastem portion has been utilized as overflow from the adjacent
madna; the northwest portion was a storage area for FPL trucks. Most of the
historical natural features of the land have been altered.
The protection of large trees will be protected through the tree ordinance and
will not be effected by the proposed rezoning,
The proposed rezoning t will not have a greater impact on the natural
environment over the current zoning.
Economic Effect:
The proposed rezoning will not adversely affect the property values in the area,
the general health, safety and welfare nor impact the financial resources of the
city. Adjacent and nearby residential areas should be protected from
incompatible uses through the use of landscaping, screening, and noise
abatement standards.
Orderly Development:
The proposed rezoning will provide for the ordedy development of the madne
related services in the dverfront area. This is consistent with the
recommendations of the Riverfront Committee.
Public Interest:
The proposed amendment is in the public interest and is in harmony with the
purpose and intent of the Land Development Code.
Other Matters:
The Planning and Zoning Commission considered this matter at their August 1,
1996 meeting. The Commission recommends to the City Council approval of
this request.
Analysis:
Currently, the General Madne Commercial zoning distdct is limited to the east
side of indian River Ddve. The depth of the parcels in that area are often not
adequate to accommodate madnas and madne related services. Historically,
the dverfront commercial activities have included both sides of Indian River
Ddve.
The Riverfront Advisory Committee has been reviewing desirable land uses in
the dverfront area and preliminary indication are that most uses are compatible
on each side of Indian River Ddve.
20,
21.
The proposed amendment will not effect the level of service standards of the
comprehensive plan and is consistent with the elements of the plan.
Conclusion:
The proposed rezoning is consistent with the Code of Ordinances and the Land
Development Code. The proposed rezoning is inconsistent with the current
future land use map of the Comprehensive Plan. The applicant has filed a
request for an amendment to the future land use element of the Comprehensive
Plan which would than make the rezoning request consistent with the
Comprehensive Plan.
Recommendation:
It is recommended that the City Council approve the requested rezoning of the
subject parcels from CL to GMC. (This recommendation is subject to the
approval of the applicants request for a future land use map amendment
changing the subject parcels from CL to CW.).,
DATE
7
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
August 2, 1996
Mayor, City Council
Dorri Bosworth, Secreta .r~.
Planning and Zoning Come, sion
Application for Rezoning - Sembler's Marina
At its regular meeting of August 1, 1996, the Planning and Zoning
Commission held a public hearing regarding the above referenced
application. The Commissioners were given a copy of staff's report
with information about the proposed request to rezone the subject
parcels from CL (Commercial Limited) to GMC (General Marine
Commercial). There were no objections voiced or any public input.
After a discussion the following motion was made and passed
unanimously:
Mr. Mather made a motion that "we recommend to the Council to
rezone the subject parcels from CL to GMC of the Sembler's Marina
application, after approval of the land use plan." Ms. Vesia
seconded the motion.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: SECOND READING AND PUBLIC ) Agenda Number:
HEARING ON ORDINANCE 0-96-20 LAND )
USE AMENDMENT FOR H. D. ADAMS ) Dept. Origin:
ENTERPRISES FROM IN TO LDR )
) Date Submitted:
Approved For Submittal By: )
) For Agenda Of:
City Manager ~~.~~. Exhibits:
Community Developmen~
(RM)
8/2,6/96
) 1.
) 2.
) 3.
) 4.
) 5.
9/os/96
Ordinance 0-96-20
Application for Land Use Change
Area Map
Staff Report
P & Z recommendation dated 8/2/96
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
An application for a small scale land use amendment has been submitted by
H. D. Adams Enterprises, Inc. for Tracts C, D, E and a portion of F in
Unit 16 of the Sebastian Highlands subdivision and consisting of 9.45
acres, more or less. The applicant has requested a land use change from
IN (Institutional) to LDR (Low Density Residential).
Attached for your review is a detailed staff report. The Planning and
Zoning Commission recommended approval of this land use change at their
regular meeting of August 1, 1996.
Staff recommends approval of this small scale land use amendment.
RECOMMENDED ACTION
Hold public hearing regarding ordinance 0-96-20.
Ordinance 0-96-20.
Move to approve
ORDINANCE NO. Q~6-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SMALL S~E~NDM~NT TO THE
COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP
FROM IN (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTiAL)
FOR FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE
OR LESS, IN SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS
TRACTS C, D, E AND A PORTION OF F; FINDING THAT THE
COMPREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDER FLORIDA STATUTES SECTION 163.3187 (1)(C)}
PROVIDING FOR A COPY OF THE SMALL SCALE AMENDMENT TO BE
TRANSMITTED TO ALL PARTIES AS REQUIRED BY FLORIDA
STATUTES SECTION 163.3187 (4)} PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of H.
D. Adams Enterprises, Inc. for a small scale amendment to change
the land use for certain property, as reflected on the Future Land
Use Map from IN (Institutional) to LDR (Low Density Residential);
and
WHEREAS, the application qualifies as a small scale amendment
under Florida Statutes Section 163.3187 (1)(c); and
WHEREAS, the City Council has considered the criteria
identified in Section 20A-11.8(c) of the Land Development Code and
Florida Statutes Section 163.3187 (1)(c) together with the findings
and recommendations of its staff and the Planning and Zoning
Commission; and
WHEREAS, the City Council has provided notice of the proposed
small scale Plan Amendment and has conducted a final public hearing
to receive citizen input; and
WHEREAS, the City Council has considered the application
provisions of the existing Comprehensive Land Use Plan together
with the recommended findings of its staff; and
WHEREAS, the City Council has determined that the proposed
changes in the City's Comprehensive Land Use Plan, as set forth in
the small scale amendment application, are consistent with the
existing comprehensive plan and the future development goals of the
City of Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1.
QUALIFICATION AS SMALL SCALE AMENDMENT. The
application for a Comprehensive Plan amendment filed by H. D. Adams
Enterprises, Inc. qualifies as a small scale amendment under
Florida Statute Section 163.3187 (1)(c).
Section 2. AFFECTED PROPERTY. The small scale amendment
to the Comprehensive Plan Future Land Use Map adopted by 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:
Sebastian Highlands, Unit 16, Tracts C, D, E and F, less
a portion of Section 18, Township 31 South, Range 38
East, Indian River County, Florida, being more
particularly described as follows:
Commencing at the Southwest corner of aforesaid Section
18, run North 00°04'45'' West along the West line of said
Section, 884.51 feet; thence leaving said Section Line,
run East 399.10 feet to the Point of Beginning. From the
Point of Beginning, continue East 232.67 feet to a point
on a non-radial curve concave Southeasterly, having a
radius of 520.00 feet and through which a radial line
bears South 61°45'37'' East; thence run Northeasterly
149.78 feet along the arc of said curve through a central
angle of 16°30'13"; thence run West 301.61 feet; thence
South 13o15'36'' West, 95.69 feet; thence South 04o30,47,,
East, 26.95 feet to the Point of Beginning.
Section 3.
DESIGNATION.
The Comprehensive Plan Future
2
Land Use Map (1-1) shall be amended from IN (Institutional) to LDR
(Low Density Residential) for the affected property as described in
Section 2.
~ection 4. NOTIFICATION. The City shall transmit a copy
of the Plan Amendment to the Department of Community Affairs as
provided in Florida Statutes Section 163.3187 (4).
Section 5, CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 6. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section ~. EFFECTIVE DATE. This Ordinance shall become
effective 31 days after adoption and authentication by the
signatures of the presiding officer and the Clerk of the City
Council, or if challenged within 30 days after adoption, shall not
become effective until the state land planning agency or the
Administrative Commission issues a final order determining the
adopted small scale development amendment is in compliance.
The foregoing Ordinance was moved for adoption by
Councilmember The motion was seconded
3
by Councilmember and, upon being put to
a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
adopted this
The Mayor thereupon declared this Ordinance duly passed and
day of , 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Valerie Settles
City Attorney
APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
1225 MAIN STREET, SEBASTIAN, FLORIDA
TEL~PHONE~ 589-5330
This application must be completed and returned,' w~th all
enclosures'referred to h~rein, to the Planning and Zoning
~oard secretary one week before the scheduled meeting.
This application will then be referred to the Planning and
Zoning Board for study and recommendations.
DATE RECEIVED: 7-J -
DATE ACCEPTED,
APPLICANT: H.D. Adams Enterprises InpHONE: 388-5501
ADDRESS: P.O. Box 1047, Sebastian, FL 32958
OWNER: Atlantic Gulf Communities PHONE~ 305-859-5461
ADDRESS: 2601 S. Bayshore Drive, Miami FL 33133-5~61
EXISTING LAND USE DESIGNATION: 'Institutional
REQUESTED LAND USE DESIGNATIONs LD Residential
REASON FOR PETITION?
Replat
ACRES.TO BE REDESIGNATED: 9.45
EXISTING USE:
PROPOSED USE:
Vacant
Residential
THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATION:
1) X
2)
If the property in question is not owned by the applicant,
a notarized Affidavid of Ownership must accompany
the application giving the consent of each owner
to the applicant to apply for a land use change.
A copy of the owner's deed must accompany each copy of
this application.
3)
4) X
A certified survey of the area, if not pla~ted.
The legal description of the parcel(s) proposed
to be changed.
5)_~___ A drawing or map showing the zoning classifications
of all parcels of adjacent land within 300 fee.t of
the subject property.
(2)
i 6) ~ Names and addresses of surrounding property owners
within 300 ft of the boundary lines.
I 7) X A check, money order or cash in the
-- made payable to the City of Sebastian.
i FEE ,SCHEDUL~E
less than 5 acres $225.00
I 5 - 100 acres
$500.00
more than 100 acres $750.00
I The undersigned understands that this application
complete and accurate before consideration by the
and Zoning Board of the City of Sebastian.
I STATE OF COUNTY OF
Florida
Indian
River
I, John Kine ,BEING FIRST DU
I DEPOSE AND SAY THAT:~I AM THE OWNER
AM TIlE LEGAL RESPRESENTATIVE OF THE OWNER OF THE
DESCRIBED WllICll IS THE SUBJECT MATTER OF THIS AP
I THAT ALL TI{E ANSWERS TO THE QUESTIONS IN SAID AP
ALL SKETCIIES AND DATA AND MATTER ATTACHED TO AND
OF SAID APPLICATION ARE [{ONEST AND TRUE TO T~
KNOWLEDGE AND BELIEF. ~
ALL APPLICANTS ARE ,E, NCOU TO SC EDULE .
i CONFER,~,NC~ TI{ROUGIt 'file PLANNING AND ZONING
PRIOR IO ~HE APPLICATION TO RESOLVE
I CONNECTED WiTH THE PROPOSAL.
i ~_JJ~ EXPIRES SEP17 2~30
amount.of
must be
Planning
DULY SWORN,
x
PROPERTY
OF THIS APPLICATION,
APPLICATION AND
MADE A PART'
OF SAID APPLICATIONFARE I{ONEST AND TRUE TO THE/~_ ST OF MY
KNOWLEDGE AND BELIE. ~~~
DAY O F .,,
ENCOUR G~ED TO SCHEDULE A PRE-APPLICATION
STAFF SECRETARY
OR AVOID PROBLEMS
ATLANTi~ 8OIqOlNO OD,, INC.
I
WAIVER AND CONSENT I
I/We, the owner(s) of the property located atUnit 16. Se~Hi~mlands I
Sebastian, Indian River County, Florida, (the ,,Property,, ), hereby
authorize each and every member of the _ ~
Board/CommisSion of the City of Sebastian ( the I
,,Board"/"Commission") to physically enter upon the property and
view the Property in connectS'on with my/our pending ~
(the "Proceeding" ) . I
I/We hereby waive any objection or defense I/we may have, due to
process rights under the Florida Constitution or the United States
Constitution were violated by such entering or viewing. I
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 I
employee, agent, contractor or official of the City of Sebastian.
Dated this /~ day of .. ~--~../,/ ~ , 199~ . i
,
!
' SWQKN, to and subscribed before me this /~ day of I
/
I
i
_ ~ JOSEPHC. G i
I
CG
SUBJECT
PROPERTY
LDR
Comprehensive Plan Amendment
Staff Report
1. ProJect Name:
Collier Creek Estates
Requested Action: Change the Future Land Use Map from IN, Institutional, to
LDR, Low Density Residential
3. Project Location
a. Address:
b. Legal:
Sebastian Highlands, Unit 16, tracts C, D, E, and F less a portion of
Section 18, Township 31 South, Range 38 East, Indian River County,
Flodda, being more particularly described as follows:
Commencing at the Southwest comer of aforesaid Section 18, run North
00° 04'45" West along the west line of said section, 884.51 feet;
thence leaving said section line, run east 399.10 feet to the Point of
Beginning. From the Point of Beginning, continue east 232.67 feet to a
point on a non-radial curve concave Southeasterly, having a radius of
520.00 feet and through which a radial line beam South 61 °45'37" east;
thence run Northeasterly 149.78 feet along the arc of said curve through
a central angle of 16'30'13";
thence run west 301,61 feet
thence South 13° 15'36" West, 95.69 feet;
thence South 04° 30'47" East, 26.95 feet to the Point of Beginning.
c. Indian River County Parcel Number:
Project Owner:
Atlantic Gulf Communities
2601 S. Bayshore Ddve
Miami, FL 33133-5461
Project Agent:
Project Engineer:
Project Attorney:
Adams Enterprises, Inc.
P. O. Box 1047
Sebastian, FL 32958
Project Description
a. Narrative of proposed action:
North:
East:
South:
West:
The applicant has proposed that for the subject parcels, the future land
use map of the comprehensive plan be changed from IN, Institutional, to
LDR, Low Density Residential. The applicant has indicated that the
proposed use is residential.
Current Zoning:
Adjacent Properties
RS-10
RS-10
RS-10
RS-10
Site Characteristics
(1)
(2)
(3) Soil:
Ps -- public service
Current Land Use
Future Land Use
Vacant LDR
Vacant LDR
Vacant LDR
Vacant LDR
Total Acreage: 9.45 acres
Current Land Use(s): Vacant
Immokalee fine sand
Myakka fine sand
Eau Gallie fine sand
Holopaw fine sand
(4) Vegetation: Flatwoods
(5) Flood Hazard:
(6)
(7)
(a)
Zone X - areas of 500-year flood, areas of 100-year with average
depths of less than 1 foot or with drainage areas less than 1
square mile; and areas protected by levees from 100 year flood.
Zone X - areas determined to be outside 500-year flood plain
Water Service:
None at this time
Sanitary Sewer Service: None at this time
Parks: The parcels range from 3,600 feet to 4,000 feet from the
Barber Street Sports complex.
2
(9) Police/Fire:
The parcels range from 3,600 feet to 4,000 feet
from the Barber Street fire station. They are 2 to
2.5 miles south of the Police Station
Comprehensive Plan Consistency
a. Future Land Use:
The future land use map currently designates these parcels as
institutional. This designation is intended to accommodate existing
public and semi-public services including: governmental administrative
buildings, public schools and not-for-profit educational institutions;
hospital facilities and supportive health care units, arts and cultural or
civic facilities, essential public services and facilities, cemeteries; fire and
emergency operations facilities, public and private park and recreation
areas, utilities, extensive open areas comprising major committed public
and semi-public open spaces, including the Municipal Golf Course; and
other similar activities.
These parcel are four tracts which were part of the drainage system for
this portion of Unit 16. The tracts were to be stormwater detention
areas. Previously, some excavation had occurred.
The applicant proposes to replat this subdivision. The subject parcels
are no longer anticipated to be used as part of the drainage facilities.
Therefor, the current land use designation is inappropriate. The tracts
are surrounded by LDR land use designation and the requested
amendment is compatible with that designation.
b. Traffic Circulation:
The proposed amendment will result in an increase in traffic generation.
The LDR land use designation will allow for an additional 47.25 dwelling
units in the area. Using the standards in the Land Development Code,
this will result in 472.5 additional trips per day.
The applicant has submitted a preliminary plat for these parcels and the
adjoining property. The applicant has proposed that the replat will be
with fewer and larger sized lot, which will more than offset the increase
from the proposed amendment. If the preliminary plat is not approved
the projected increase is not expected to have a significant impact on the
¢~ty.
The proposed amendment is consistent with the local road
improvements identified in the comprehensive plan.
c: Public Facilities:
3
d=
The proposed amendment will result in an increase of 11812.5
gallons per day in potable water demand. As indicated above, the
applicant has filed a proposed preliminary plat which will consist of fewer
and larger lots. This will more than offset the increase in potable water
demand from this proposed amendment. If the preliminary plat is not
approved the projected increase is not expected to have a significant
impact on the City.
The proposed amendment will result in an increase of 11812.5
gallons per day in wastewater generation. As indicated above, the
applicant has filed a proposed preliminary plat which will consist of fewer
and larger lots. This will more than offset the increase in wastewater
generation from this proposed amendment. If the preliminary plat is not
approved the projected increase is not expected to have a significant
impact on the City.
The proposed amendment will result in an increase of 888.3
pounds per day in solid waste generation. As indicated above, the
applicant has filed a proposed preliminary plat which will consist of fewer
and larger lots. This will more than offset the incresise in solid waste
generation from this proposed amendment. If the preliminary plat is not
approved the projected increase is not expected to have a significant
impact on the City.
The proposed replat will improve the stormwater management system in
this area. The replat will include a drainage system that is based on
current standards rather than a 1971 design.
Housing:
The proposed amendment is consistent with the Housing element.
Coastal Management:
The proposed amendment is consistent with the Coastal Management
element.
Recreation and Open Space:
The proposed amendment will require .24 acres of neighborhood
park and .24 acres of community park land. As indicated above, the
applicant has filed a proposed preliminary plat which will consist of fewer
and larger lots. This will more than offset the increase in recreational
demand from this proposed amendment. If the preliminary plat is not
approved the projected increase is not expected to have a significant
impact on the City.
4
10.
11.
12.
14.
15.
16.
Conservation:
The proposed amendment is consistent with the Conservation element.
h. Intergovernmental Coordination:
The proposed amendment will not effect the Intergovernmental
Coordination element of the comprehensive plan.
Conformance with Code of Ordinances:
The proposed amendment is consistent with the Code of Ordinances.
Changed Conditions:
Since the adoption of the comprehensive plan, the existing plat has not been
constructed. The applicant has filed a proposed preliminary plat which will
replat the site with fewer and larger lots. The stormwater management system
will be upgraded to current standards.
Land Use Compatibility:
The proposed amendment is compatible with the adjacent existing land uses
and the future land use designations.
Adequate Public Facilities:
The public facilities are adequate to accommodate the increase in service
required by the proposed amendment.
Natural Environment:
The proposed amendment will not adversely impact the natural environment.
The subject parcels do not include any significant habitat. Some excavation has
occurred on some of these parcels in the past.
Economic Effect:
The proposed amendment should have a positive economic impact. The
amendment will allow the implementation of a proposed plat which is designed
to today's standards.
Orderly Development:
The proposed amendment provides for the ordedy development of the area.
5
17.
18.
19.
20.
21.
Public Interest:
The proposed amendment is in the public interest.
Other Matters:
The Planning and Zoning Commission considered this matter at their August 1,
1996 meeting. The Commission recommends to the City Council approval of
this request.
Analysis:
It has been proposed that for the subject parcels, the future land use map of the
comprehensive plan be changed from IN, Institutional, to LDR, Low Density
Residential. The applicant has indicated that the proposed use is residential.
The applicant has also filed with the city an application for approval of a
preliminary plat for the subject parcels and the surrounding area. This
preliminary plat is for a replat of a portion of unit 16 of the Sebastian Highlands.
The proposed amendment will result in an increase in potable water demand
and wastewater and solid waste generation. This increase will be offset by the
fewer lots proposed in the preliminary plat. If the preliminary plat is not approved
the projected increase is not expected to have a significant impact on the City.
The stormwater management system will be improved to current standards
rather than the 1971 standards of the existing plat.
Conclusion:
The proposed amendment to the future land use map is consistent with the
Code of Ordinances, Land Development Code, and the Comprehensive Plan.
Recommendation:
It is recommended that the City Council approve the proposed amendment to
change the future land use designation of the subject parcels from IN to LDR.
PR~:PA~tED BY
6
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE
August 2, 1996
Mayor, City Council
Dorri Bosworth, Secretary ~
Planning and Zoning Commission ...
Application for Comprehensive Plan
Land Use Change - Collier Creek Estates
At its regular meeting of August 1, 1996, the Planning and Zoning
Commission held a public hearing regarding the above referenced
application. The Commissioners were given a copy of staff's report
and a map of the subject property and reviewed the information with
Mr. Massarelli.
There was no public input.
Because of the proposed decrease in lots from 640 to 187, the
commission was in favor of recommending approval to the request for
the land use change.
Mr. Pliska made a motion that "we recommend to City Council to
approve the Comprehensive Plan amendment for Collier Creek Estates
to change the future land use map for INS to LDR for the subject
properties." Mr. Mather seconded the motion.
The following roll call was taken:
Mr. Mather YES Chmn. Fischer YES
Mr. Pliska YES Mr. Schulke YES
Ms. Vesia YES Mr. Munsart YES
Mr. Johns YES
Motion carried 7-0.
City of Sebastian
1225 MAIN ~REET g SEBA~IAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: sECOND RE~ING AND PUBLIC ) Agenda Number:
HEARING ON O~IN~CE 0-96-21 )
REZONING FOR H. D. ~AMS ) Dept. Origin:
ENTERPRISES FROM PS TO RS-10 )
) Date Submitted:
~proved for Submittal ~: )
) For Agenda Of:
City Manager ' ~.,. · )
~ ) Exhibits:
)1.
)2.
)3.
)4.
)5.
Community Development
(BM)
8/26/96
9/,05/96
Ordinance 0-96-21
Application for Rezoning
Area Map
Staff Report
P & Z recommendation dated 8/2/96
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
An application for a zoning change has been submitted by H. D. Adams
Enterprises, Inc. for Tracts C, D, E and a portion of F in Unit 16 of the
Sebastian Highlands subdivision and consisting of 9.45 acres, more or
less. The applicant has requested a zoning change from PS (Public
Service) to RS-10 (Residential Single Family).
Attached for your review is a detailed staff report. The Planning and
Zoning Commission recommended approval of this zoning change at their
regular meeting of August 1, 1996.
Staff recommends approval of this zoning change.
RECOMMENDED ACTION
Hold public hearing regarding Ordinance 0-96-21.
Ordinance 0-96-21.
Move to approve
ORDINANCE .NO. 0-96-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN
SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C,
D, E AND A PORTION OF F, COMPRISED OF 9.45 ACRES, MORE OR
LESS, FROM PS (PUBLIC SERVICE) TO RS-10 (RESIDENTIAL
SINGLE FAMILY); PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, H. D. Adams Enterprises, Inc. has petitioned the City
of Sebastian for an 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 Section 20A-11.6(c) of
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 land use and development conditions affecting
this parcel have changed since the effective date of the existing
regulations.
D.
USES.
The proposed use is compatible with adjacent land
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.
I. The proposed use is in the public interest of the
citizens of the City of Sebastian.
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:
Sebastian Highlands, Unit 16, Tracts C, D, E and F, less
a portion of Section 18, Township 31 South, Range 38
East, Indian River County, Florida, being more
particularly described as follows:
Commencing at the Southwest corner of aforesaid Section
18, run North 00004'45" West along the West line of said
Section, 884.51 feet; thence leaving said Section Line,
run East 399.10 feet to the Point of Beginning. From the
Point of Beginning, continue East 232.67 feet to a point
on a non-radial curve concave Southeasterly, having a
radius of 520.00 feet and through which a radial line
bears South 61045'37'' East; thence run Northeasterly
149.78 feet along the arc of said curve through a central
2
angle of 16°30'13"; thence run West 301.61 feet; thence
South 13°15'36'' West, 95.69 feet; thence South 04o30,47,,
East, 26.95 feet to the Point of Beginning.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from PS (Public Service) to RS-10
(Residential Single Family).
Section 3. ZONING MAP. The official City Zoning Map
shall be amended to reflect this change in zoning district.
~ection 4. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 5. SEVERABILITX. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. Following its adoption and
authentication by the signatures of the presiding officer and the
Clerk of the City Council, this Ordinance shall become effective
one day following the effective date of Ordinance 0-96-20.
The foregoing Ordinance was
Councilmember
by Councilmember
a vote, the vote was as follows:
moved for adoption by
. The motion was seconded
and, upon being put to
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
adopted this
The Mayor thereupon declared this Ordinance duly passed and
day of , 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
valeri~ settles
city Attorney
4
APPLICATION FOR ZONING CHANGE
CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT
TELEPHONE: 589-5330
This application must be completed and returned, with ali enclosures
referred to herein, to the Planning and Zoning 8oard S~cre~ary one week
before the scheduled meeting. This application will then be referred to
the Planning and Zoning Board for study and recommendations.
DATE RECeiVeD: ,. DATE ACCE TED, 7-!7-
APPLICANT: H.D. Adams Enterprises Inc PHONE: 38805501
ADDRESS: P.O. Box 1047 Sebastian, FL 32958
OWNER: Atlantic Gulf Commuhities PHONE: 305-859-4518
ADDRESS: 2601 S. Bayshore Drive, Miami, F1 33133-5461
EXISTING ZONING:
Public Service
REQUESTED ZONING: RS10
LAND USE CLASSIFICATION: Institutional
kCRES Tb BE REZONED:
EXISTING USE: Vacant
PROPOSED USE: Residential
REASON FOR PETITION? Replating
ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? No
THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION:
1) _~ If the property in question is not owned by the
applicant,
a notarized Affidavit of Ownership must accompany the application
giving the consent of each owner to the applicant to apply for a
Land use change.
I
2) ~ A cop~ of the Owner's deed must accompany each co~y of
.~his applica_~on.
3) __ .A certified survey of the area, if not platted.. -
4) ~ The legal description of the parcel(s) proposed
~o be rezoned.
5) ~ A drawing or map showing the zoning classifications
of al! oarcels of adjacen~ land within 300 feet of I
the sub)ect property. I
I
(2)
I 6) .~ Names and addresses of surrounding property owners
w/Chin 300 ft of the boundary lines.
I 7) X A check, money order or cash in the amount of ~
made payable ~o the City of Sebastian. ~Od,O~
FEE SCHEDULE
less than 5 acres
5 - 100 acres
more than 100 acres
$225.00
$500.00
$750.00
The undersigned understands that this application must be
complete and accurate before consideration by the Planning
and Zoning Board of the City of Sebastian.
STATE OF Florida
COUNTY OF Indian River
I, John ling ,BEING FIRST.DULY SWORN,
DEPOSE AND SAY THAT: t AM THE OWNER
AM TIIE LEGAL RESPRESENTATIVE OF THE OWNER OF THE PROPERTY
DESCRIBED WIIICH IS THE SUBJECT MATTER OF THIS APPLICATION,
THAT ALL THE ANSWERS TO THE QUESTIONS tN SAID APPLICATION AND
ALL SKETCHES AND DATA AND MATTER ATTACHED TO AND MADE A PART
OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
.,.,./ SIGNATURF~/
SWORN TO AND SUBSCRIBED BEFORE ME, THIS
...DAY OF~,
NOTA ~-- .
ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION
CONFERENCE THROUGh{ THE PLANNING AND ZONING STAFF SECRETARY
PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS
CONNECTED WITH THE PROPOSAL.
WAIVER AND CONSENT
I/We, the owner(s) of the property located at Unitl6
Sebastian, Indian River County, Florida, (the ,,Property"), hereby
authorize each and every member of the
Board/Commisl~ion of the City of Sebastian (the
,,Board"/"Commission") to physically enter upon the property and
view the Property in connection with my/our pending
(the ,,Proceeding").
I/We hereby waive any objection or defense I/we may have, due to
the quasi-judicial nature of the proceeding, 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.
Dated this ~ day of ~/6; , 199~____.
My Commission Expires.~/
before me this /~ day
of
Jt 7 bIic
PUD-C
SUBJECT
PROPERTY
RS-10
Rezoning Request
Staff Report
1. Project Name:
Collier Creek Estates
2. Requested Action:
Rezoning of the subject parcels from PS, Public Service to RS10, Single Family
Residential
3. Project Location
a. Address:
b. Legal:
Sebastian Highlands, Unit 16, tracts C, D, E, and F less a portion of Section
18, Township 31 South, Range 38 East, Indian River County, Flodda, being
more particularly described as follows:
Commencing at the Southwest comer of aforesaid Section 18, run North
00° 04'45" West along the west line of said section, 884.51 feet;
thence leaving said section line, run east 399.10 feet to the Point of
Beginning. From the Point of Beginning, continue east 232.67 feet to a
point on a non-radial curve concave Southeasterly, having a radius of
520.00 feet and through which a radial line bears South 61 ~ 45'37" east;
thence run Northeasterly 149.78 feet along the arc of said curve through a
central angle of 16 ~30'13";
thence run west 301,61 feet
thence South 13° 15'36" West, 95.69 feet;
thence South 04° 30'47" East, 26.95 feet to the Point of Beginning.
c. Indian River County Parcel Number:
4. Project Owner:
Atlantic Gulf Communities
2601 S. Bayshore Ddve
Miami, FL 33133-5461
5. Project Applicant:
Adams Enterprises, Inc.
P. O. Box 1047
Sebastian, FL 32958
Project Engineer:
Project Attorney:
Project Description
a. Narrative of proposed action:
The applicant has proposed that the subject parcels be rezoned from PS,
Public Service to RS10, Single Family Residential. The applicant has
indicated that the proposed use is residential.
b. Current Zoning: Ps -- public service
c. Adjacent Properties
Zoning Current Land Use Future Land Use
North: RS-lO Vacant "LDR
East: RS-10 Vacant LDR
South: RS-10 Vacant LDR
West: RS- 10 Vacant LDR
d. Site Characteristics
(1) Total Acreage: 9.45 acres
(2) Current Land Use(s): vacant
(3) Soil:
(4)
(S)
Immokalee fine sand
Myakka fine sand
Eau Gallie fine sand
Holopaw fine sand
Vegetation: Flatwoods
Flood Hazard:
Zone X - areas of 500-year flood, areas of 100-year with average
depths of less than 1 foot or with drainage areas less than 1 square
mile; and areas protected by levees from 100 year flood.
Zone X - areas determined to be outside 500-year flood plain
2
(6) Water Service:
(7)
none
Sanitary Sewer Service:
none
(8) Parks:
The parcels range from 3,600 feet to 4,000 feet from the Barber
Street Sports complex.
(9) Police/Fire:
The parcels range from 3,600 feet to 4,000 feet from the Barber
Street fire station. They are 2 to 2.5 miles south of the Police Station
Comprehensive Plan Consistency
a. Future Land Use:
The proposed rezoning is inconsistent with the current future land use map
of the Comprehensive Plan. The applicant has filed a request for an
amendment to the future land use element of the Comprehensive Plan
which would than make the rezoning request consistent with the
Comprehensive Plan.
Level of Service
(1) Traffic:
The proposed rezoning will result in an increase in traffic generation.
The proposed LDR land use designation will allow for an additional
47.25 dwelling units in the area. Using the standards in the Land
Development Code, this will result in 472.5 additional tdps per day.
This is considerable higher than what actually could be developed on
the site under the design standards for RS10.
The proposed rezoning is consistent with the local road
improvements identified in the comprehensive plan.
(2) Potable Water:
The proposed LDR designation for the future land use map will result
in an increase of 11812.5 gallons per day in potable water demand.
This is considerable higher than what actually could be developed on
the site under the design standards for RS10.
3
10.
11.
12.
(3)
(4)
(s)
(6)
Wastewater:
The proposed LDR designation for the future land use map will result
in an increase of 11812.5 gallons per day in wastewater generation.
This is considerable higher than what actually could be developed on
the site under the design standards for RS10.
Stormwater:
The proposed replat will improve the stormwater management
system in this area. The replat will include a drainage system that is
based on current standards rather than a 1971 design.
Recreation:
The proposed LDR future land use designation will require .24 acres
of neighborhood park and .24 acres of community park land. This is
considerable higher than what actually could be developed on the
site under the design standards for RS10.
Solid Waste:
The proposed LDR future land use designation will result in an
increase of 888.3 pounds per day in solid waste generation. This is
considerable higher than what actually could be developed on the
site under the design standards for RS10,
(7) Other:
None
Conformance with Code of Ordinances:
The proposed rezoning is consistent with the Code of Ordinances.
Changed Conditions:
Since the adoption of the comprehensive plan, the existing plat has not been
constructed. The applicant has filed a proposed preliminary plat which will replat
the site with fewer and larger lots. The stormwater management system will be
upgraded to current standards.
Land Use Compatibility:
The proposed rezoning is compatible with the adjacent existing land uses and the
future land use designations.
4
13.
14.
15.
16.
17.
18.
19.
Adequate Public Facilities:
The public facilities are adequate to accommodate the increase in service required
by the proposed rezoning. Water and wastewater service will be required to be
provided for in any future development.
Natural Environment:
The proposed amendment will not adversely impact the natural environment. The
subject parcels do not include any significant habitat. Some excavation has
occurred on some of these parcels in the past.
Economic Effect:
The proposed amendment should have a positive economic impact. The
amendment will allow the implementation of a proposed plat which is designed to
today's standards.
Orderly Development:
The proposed amendment provides for the ordedy development of the area.
Public Interest:
The proposed amendment is in the public interest.
Other Matters:
The Planning and Zoning Commission considered this matter at their August 1,
1996 meeting. The Commission recommends to the City Council approval of this
request.
Analysis:
It has been proposed that for the subject parcels, the zoning of the subject parcels
be changed from PS, Public Service, to RS10, Single Family Residential. The
applicant has indicated that the proposed use is residential. The applicant has also
filed with the city an application for approval of a preliminary plat for the subject
parcels and the surrounding area. This preliminary plat is for a replat of a portion of
unit 16 of the Sebastian Highlands.
The proposed rezoning will result in an increase in traffic, potable water demand,
and wastewater and solid waste generation. This increase will be offset by the
fewer lots proposed in the preliminary plat. If the preliminary plat is not approved,
the projected increase is not expected to have a significant impact on the City. The
stormwater management system will be improved to current standards rather than
the 1971 standards of the existing plat,
5
20.
21.
Conclusion:
The proposed rezoning is consistent with the Code of Ordinances and the Land
Development Code. The proposed rezoning is inconsistent with the current future
land use map of the Comprehensive Plan. The applicant has filed a request for an
amendment to the future land use element of the Comprehensive Plan which would
than make the rezoning request consistent with the Comprehensive Plan,
Recommendation:
It is recommended that the City Council approve the requested rezoning of the
subject parcels from PS to RS10. (This recommendation is subject to the approval
of the applicants request for a future land use map amendment changing the
subject parcels from IN to LDR.)
PREPARED BY
DATE
6
City of Sebastian
1225 MAiN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
FROM:
REFERENCE:
August 2, 1996
Mayor, City Council
Dorri Bosworth, Secretary.
Planning and Zoning Commission .~
Application for Rezoning - Collier Creek Estates
At its regular meeting of August 1, 1996, the Planning and Zoning
Commission held a public hearing regarding the above referenced
application. The Commissioners were given a copy of staff's report
with information about the proposed request to rezone the subject
parcels from PS (Public Service) to RS-10 (Single-Family
Residential). There were no objections voiced or any public input.
After a brief discussion the following motion was made and passed
unanimously-.
Mr. Johns made a motion "to recommend to the City COuncil changes
to the subject parcels from PS to RS-10. The parcels are described
in the staff report. The proposed change is consistent with the
Code of Ordinances, Land Development Code, and the Future
Comprehensive Plan. This recommendation is subject to the approval
of the applicant's request for a future land use map amendment
changing the subject parcels from INS to LDR." Mr. Mather seconded
the motion.