HomeMy WebLinkAboutO-24-12 St. Lucie Dev. RezoningORDINANCE NO.O-24-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A
ZONING CLASSIFICATION OF RM-8 (RESIDENTIAL MULTI -FAMILY, 8 DU/AC) TO
LAND WITH A CURRENT ZONING DESIGNATION OF RS-10 (RESIDENTIAL
SINGLE-FAMILY) FOR PROPERTY CONSISTING OF 20.38 ACRES, MORE OR LESS,
LOCATED EAST OF SCHUMANN DRIVE, NORTH & EAST OF DAY DRIVE, AND
SOUTH OF DAHL AVENUE, OR SPECIFICALLY LOTS 15 TO 28, BLOCK 583, LOTS 1
TO 28, BLOCK 582, AND LOTS 2 TO 29, BLOCK 581, SEBASTIAN HIGHLANDS UNIT
17; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, St. Lucie Development Corporation, owner of the subject property, has filed a petition for an
amendment to the Zoning Ordinance; and
WHEREAS, the current zoning classification on the property is RS-10 (Residential Single -Family) and the
requested change is to rezone to RM-8 (Residential Multi -Family, 8 du/ac); 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 has considered the criteria identified in the Land Development Code together
with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and
WHEREAS, the City Council has made the following findings:
A. The proposed rezoning is compatible with the adjacent area.
B. The proposed rezoning is consistent with the goals, objectives and other elements of the Comprehensive
Plan.
C. The proposed rezoning is in conformity with the substantive requirements of the City of Sebastian Code
of Ordinances, particularly the Land Development Code.
D. Adequate public facilities and services exist in the City to serve the proposed rezoning and will not
exceed the capacity for such services and facilities.
E. The proposed change in zoning will not result in any adverse impacts on the natural environment.
F. The proposed change in zoning 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.
G. The proposed change in zoning will result in an orderly and local development pattern.
H. The proposed change in zoning is not in conflict with 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:
All of Lots 15 to 28, Block 583, Lots I to 28, Block 582, Lots 2 to 29, Block 581 Sebastian
Highlands Unit 17, according to the Plat thereof as recorded in Plat Book 8, Page 46 of
the Public Records of Indian River County, Florida
See Attachment "A"Property Survey
SECTION 2. REZONING. The real property described in Attachment "A" is hereby given a City
zoning designation of RM-8 (Residential Multi -Family, 8 du/ac).
SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to include the real
property described in Attachment "A" and reflect its designated zoning district as RM-8 (Residential Multi -
Family, 8 du/ac) in accordance with the requirements of Florida law.
See Attachment `B"Zoning Map
SECTION 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. SEVERABH.ITY. In the event a court of competent jurisdiction shall 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 take effect after 2'reading.
SECTION S. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular
meeting of the City Council on the 26" day of June, 2024 and adopted on second/final reading at a regular
meeting of the City Council on the 24 day of July, 2024.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon fast reading this 260i day of June, 2024, by Councilmember
Nunn The motion was seconded by Councilmember
Jones and, upon being put to a vote, the vote was as follows:
Mayor Ed Dodd ave
Vice Mayor Kelly Dixon nay
Council Member Fred Jones __Ave
Council Member Christopher Nunn aye
Council Member Bob McPartlan aye
ATTEST:
Janette Williams, MN'IC - --
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Council Member Nunn . The motion was seconded
by Council Member McPartlan and, upon being put to a vote, the vote was as follows:
Mayor Ed Dodd aye
Vice Mayor Kelly Dixon nay
Council Member Fred Jones aye
Council Member Christopher Nunn aye
Council Member Bob McPartlan aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th day of
July 2024.
ATTEST:
Wa C li��ha
J anettette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FILQRZTiA' =.
BY:
Ed Dodd, Mayor
Approved as to form and legality for
Reliance by the
/�City of Sebastian only:
J er Cockcroft, Esq., City Attorney
SEBASTIA14
I �tIMMlfI flll��•11oM
1111-INI
CITY COUNCIL, AGENDA TRANSMITTAL
Council Meetin- Date: July 24, 2024
Agenda Item Title: Ordinance 0-24-12 — Second Reading and Public Hearing - Request for
Rezoning — St. Lucie Development Corporation — RS-10 (Single -Family
Residential, 10,000 SF Parcels) to RM-8 (Multi -Family Residential, maximum
8 du/ac).
Recommendation: Staff is recommending approval and enactment of Ordinance 0-24-12.
Background: The subject property consists of 20.38 acres, more or less, located east of
Schumann Drive, north & east of Day Drive, and south of Dahl Avenue. The area was previously platted in
1971 by General Development Corp. into 70 single-family lots but without the infrastructure (roads, utilities,
etc.) ever being completed. St. Lucie Development Corporation purchased the lots in 2004, and now hopes to
begin developing the area, which will include construction of the required infrastructure, and possible re -
platting. The current zoning is RS-10, with the request to change the zoning to RM-8, which is the same zoning
of the adjacent area to the north. Current land use for this area is LDR (Low Density Residential). A concurrent
Future Land Use Map amendment application has also been submitted requesting a land use change to MDR
(Medium Density Residential).
The Planning and Zoning Commission held a public hearing at its duly noticed June 6th, 2024 regular meeting
to consider the proposed rezoning and recommended, by a vote of 6-1, that City Council grant the requested
rezoning change. At the June 26, 2024 regular City Council Meeting, the City Council held a public reading
and hearing on this Ordinance and set a second and final hearing for July 24, 2024.
Staff is recommending approval and enactment of Ordinance 0-24-12 for the above referenced rezoning.
If Agenda Item Requires Exnenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Ordinance 0-24-12 with attachments
2. Staff Report
3. Exhibit A — Rezoning Maps
4. Exhibit — Application
5. P&Z Minutes
Administrative Services Department
City Attorney Review:
Procurement Division , if applicable:
City Manager Authorization:
Date: 7/17/Zc.1
N/#
Planning & Zoning Commission/Local Planning Agency June 6, 2024
VII. Planning and Zonina (P&Z) Commission Quasi -Judicial Hearinas
A. P&ZQuasi-Judicial Public Hering -- Recommendation to City Council-- Request
for Rezoning — St. Lucie Development Corporation, Applicant -- An Amendment
to the City's Zoning Map for Property containing 20.38 Acres located east of
Schumann Drive, North & East of Day Drive, and South of Dahl Avenue, or
Specifically Lots 15 to 28, Block 583, Lots 1 to 28, Block 582, and Lots 2 to 29,
Block 581, Sebastian Highlands Unit 17. The Existing Zoning is RS-10
(Residential Single Family,10,000 SF parcels), and the Requested Zoning is RM-
8 (Residential Multi -Family, 8 Units/Acre).
The City Attorney read the item into the record.
Ms. Kautenburgasked the Commissioners if they have had any ex parte communications
on this item. Ms. Lorusso said she drove by the site.
Those wishing to speak who have not signed the oath card, were sworn in by the City
Attorney.
Mr. Wesley Mills of Mills, Short and Associates said he does nothave much to add given
the lengthy conversation that was already had. He said he would be happy to answer
any questions. There were no questions.
Ms. Bosworth addressed the rezoning, the second part of this request. She entered into
this hearing anything that was discussed and any data and information that she had
presented for the land use. She explained thatthis would rezone the property from RS-
10, which is the 10,000 SF lots, to RM-8, 8 units per acre. That does allow for single-
family houses, duplexes, multi-familyhomes,which could be townhouses, apartments, or
patio homes. It also allows for some low -impact uses such as daycares and Assisted
Living Facilities. Staff recommends approval.
There were no questions or comments from the commissioners. Ms. Kautenburg then
opened the floor to anyone who wished to speak on this matter.
Brent Wohlenberg -- He described all cars, boats, planes and everything that bums
fossil fuel as carbon monoxide. When carbon monoxide comes in contact with water, it
makes carbonic acid. A lot of issues that are present now have to do with the organic
material being preserved in carbonic acid. There is now foam on the beaches and is the
acid from the lagoon turning the beaches to liquid.
There being nothing else on this matter, Ms. Kautenburg called for a motion. A motion
recommending approval for the change in zoning from single family to medium density
residential was made by Ms. Battles and seconded by Ms. Kinchen.
Roll Call: Ms. Lorusso — Yes Ms. Kinchen — Yes
Ms. Geesey — No Mr. Carter -- Yes
Mr. Reno — Yes Ms. Kautenburg — Yes
Ms. Battles -- Yes
Planning & Zoning Commission/Local Planning Agency
Vote was 6-1 in favor. Motion carries.
June 6, 2024
B. P&ZQuasi-Judicial Public Hearing -- Recommendation to City Council— Special
Use Permit — Big Dan's Car Wash — 1979 U.S. Highway#1 — Community
RedevelopmentArea -- RiverfrontOveriay District — Commercial Riverfront(CR)
Zoning District
The City Attorney read the item into the record.
Ms. Kautenburgasked if there have been any ex parte communications on this item. The
commissioners answered no.
Ms. Kautenburg called on the applicantto make his presentation. Jason Sheridan, P.E.
spoke on behalf of the applicant. He described the location of the site as well as the other
businesses in the area, the traffic flow on U.S.1, and access to the property. He reviewed
a PowerPoint presentation which showed the property and the access in detail. He
described the proposed building and accessory structures in detail. He said there are
currently utilities serving the site. He noted there were comments in the staff report
regarding existing car wash sites within the general vicinity of the proposed site. The
three that exist now are all self -serve car washes that do not really compete with the
express car wash. The car wash will be along U.S.1, which gets approximately 22,000
vehicles a day. The car wash averages about 150 vehicles a day. He spoke about the
current deed restrictions that Walmart has on the subject property. It has been vacant for
some time.
Ms. Kautenburg called on staff to make their presentation. Ms. Bosworth reviewed the
two carwashes that came before this Commission last year. They were both approved
by City Council. One of the carwashes has withdrawn their interest, and the previous
carwash on this site withdrew their interest also. This hearing is strictly for the use, which
is a special use permit request. There is nothing in the City's Land Development Code
regarding carwashes, so we go through this process to get the use approved first. If it is
approved, then the applicantwill come in with a site plan. That site plan will come before
this Commission. They will have to meet all the requirements that any site plan in the
Riverfront Overlay District would need to meet.
Ms. Bosworth reviewed staff's concerns and elaborated all of theirconcems. She added
that any otherconditions thatthis Commission would like to consider and/or City Council,
those would be added into a resolution if this is approved.
1. Proximity to Existing Car Wash Facilities
2. Site History
3. Proposed Elevations & Conceptual Site Plan
4. Noise