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HomeMy WebLinkAboutO-24-11 St. Lucie Dev. FLUMORDINANCE NO.O-24-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF MDR (MEDIUM DENSITY RESIDENTIAL, 10 UNITS PER ACRE) FOR PROPERTY WITH A CURRENT LAND USE DESIGNATION OF LDR (LOW DENSITY RESIDENTIAL, 5 UNITS PER ACRE), FOR LAND CONSISTING OF 2038 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; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABHdTY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, a public hearing was held on June 6th, 2024, and after consideration by the Planning and Zoning Commission, sitting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan; and WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes 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 Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map are consistent with the existing future development goals of the City of Sebastian including for providing a mix of housing types and providing attainable and work -force housing; encourages an appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within 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. RECITALS. The recitals contained in the Whereas clauses above are hereby adopted and incorporated as the true and correct legislative findings of the City of Sebastian. Section 2. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) adopted by this Ordinance shall affect the following described real property, 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 oflndian River County, Florida 1 See Attachment `A"Property Survey Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be -amended to include the affected property, and designate the same as Conservation (CON) in accordance with the requirements of Florida law. See Attachment "B"Future Land Use Map 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 did not intend to enact such invalid or unconstitutional provision. 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. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. EFFECTIVE DATE. Pursuant to Fla. Stat. 163.3187(5)(c), this Ordinance shall take effect thirty-one (31) days from the date of adoption. Section 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 26th day of June, 2024, and adopted on second/final reading at a regular meeting of the City Council on the 24th day of July 2024. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 261 day of June, 2024, by Councilmember Mcpartlan The motion was seconded by Councilmember Nunn 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 ave Council Member Bob McPartlan ave AATFEST�: �L anette Williams, MMC City Clerk 2 AT TEST :Afi nette Williams, MMC 'City Clerk This ordinance is effective the 24th day of August Florida Statutes, 163.3187(5)(c). ADOPTION The foregoing Ordinance was moved for adoption by Council Member McPartlan . The motion was seconded by Council Member 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 aye Council Member Christopher Nunn ave Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 24th July .2024. CITY OF SEBASTIAN, FiAPLIDA_ By: Ed Dodd, Mayor - - - - Approved as to form and legality for Reliance by the City of Sebastian only: nA4&f Je fer Cockcroft, Esq., City Attorney day of 2024, in accordance with the date prescribed by 3 CITY COUNCIL AGENDA TRANSMITTAL Council Mcetina Date: July 24, 2024 Aeenda Item Title: Ordinance 0-24-11 — Second Reading and Public Hearing - Request for Small Scale Comprehensive Plan Future Land Map Amendment — St. Lucie Development Corporation — LDR (Low Density Residential, max 5 du/ac) to MDR (Medium Density Residential, max 10 du/ac). Recommendation: Staff is recommending approval and enactment of Ordinance 0-24-11 for the above referenced Future Land Use Map Amendment. 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 request is to amend the land use from single-family to multi -family, which allows for various housing types including single-family, duplexes, apartments, townhomes, and villas. The land use of the adjacent properties to the north is MDR where there is already an existing mix of single-family and duplex residences. The Sebastian Christian Church and Pelican Island Elementary School are located to the south, with the Schumann Waterway bordering on the east. The properties are within the service boundary for municipal services, and the applicant has provided initial traffic information. A concurrent Rezoning application has also been submitted requesting a zoning change from RS-10 to RM-8. Small scale amendments are defined by Florida Statutes to be 50 acres or fewer and limited to FLUM changes for site -specific small scale development activities only. The State Land Planning Agency does not require a review, however the amendment does not become effective until 31 days after adoption by the local government. The Planning and Zoning Commission/Local Planning Agency held a public hearing at its duly noticed June 6th, 2024 regular meeting to consider the proposed Future Land Use Map Amendment and recommended, by a vote of 6-1, that City Council grant the requested land use 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 0-24-1 l for the above referenced Future Land Use Map Amendment. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Ordinance 0-24-I l with attachments 2. Staff Report 3, Exhibit A— Future Land Use Maps 4. Exhibit B — Application 5. Local Planning Agency Minutes Administrative Services Dep ent City Attorney Review - Procurement Division ew, if applicable: Nfd City Manager Authorization: Date: 17/0 ALO JI Planning & Zoning Commission/Local Planning Agency June 6, 2024 Ms. Bosworth stated that there will be a meeting on June 201h however then ext scheduled meeting would be July 41h, and that meeting will be canceled. She was not sure about the second meeting in July. V. Approval of Minutes: Regular Meeting of March 7, 2024 There being no additions or comments, Ms. Kautenburg called fora motion approving the Minutesof March 7, 2024 as presented. A motion approvingthe Minutesof March 7, 2024 as presented was made by Ms. Geesey, seconded by Mr. Carter, and approved unanimously via voice vote. VI. Local Planninq Aqencv (LPA) Public Hearinqs A. Public Hearing — Recommendation to City Council -- Small Scale Comprehensive Plan Future Land Use Map Amendment -- St. Lucie Development Corporation, Applicant — AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE 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 LAND USE DESIGNATION IS LDR (LOW DENSITY RESIDENTIAL, 5 UNITS/ACRE) AND THE REQUESTED LAND USE IS MDR (MEDIUM DENSITY RESIDENTIAL, 10 UNITS/ACRE) Ms. Kautenburg opened the hearing, and Ms. Cockcroft read the item into the record and called on the applicantto present their testimony. Speaker oath cards were collected and given to the Chairman. Wesley Mills, Mills, Short & Associates, appeared for the applicant. He described the property in question and reviewed the historyof this property as to rezoning and how the property will be compatible with the surrounding uses. He reviewed and emphasized the environmental concerns. There are a few gopher tortoises, which will be relocated. Regarding traffic, the increase in traffic is pretty small, and because of the small size of the property, it does not warrant a traffic study, and it is well below the thresholds of warranting a traffic study. He will get into the details of that later. Capacity for water and sewer was studied. The increase in capacity is 15,000 gallons per day, which is a small amount of the capacity of the County. He stated thatonly 1,200 acres of vacant land are able to be developed within the Cityof Sebastian. Of that 1,200 acres, only4.5% is zoned multifamily, and 57% is singlefamily residential. He estimated that, if the applicantwere to develop a project in the current configuration, they would be looking at homes with starting prices of $400,000.00 going up to probably $600,000.00. That is just not attainable housing. The current project is one step toward the achieving of attainable housing. The median incomefor residents in Sebastian is approximately $50,000.00. As far as a mortgage payment, that gets one into about a $200,000.00 home. This application is really in an effort to meet the City's Planning & Zoning Commission/Local Planning Agency June 6, 2024 Comprehensive Plan. All through the Comprehensive Plan, it says that the City's goal is to achieve attainable housing forthe normal working person in Sebastian. He stated he would be happy to answer any questions. Ms. Bosworth reviewed and explained the history of what is before the Commission ton ightand why it is listed twice on the agenda. She presented a map on the screen, and pointed out where this property is and how it will be accessible once it is developed. She also described the traffic study that was made. She emphasized that tonight's meeting is only regarding the land use and zoning; it does not address any design. Shedisplayed additional maps which showed the current low -density residential and medium density residential land use as well as the commercial limited that has townhouses and assisted living along with applicable data regarding multi -family zoning property taken from the Comprehensive Plan. She also answered Ms. Kautenburg's question regarding greenspace, setbacks, etc. She reviewed and explained the staff report and the request for the land use, and staff feels it meets the criteria from the Comprehensive Plan, and staff recommends that the Commission give a recommendation to City Council to approve. Ms. Kautenburg called for public input, and she described the procedure that is to be followed. She first called for inputfrom those who are opposed to the change inland use. Michael Conapacke,108 Thunderbird Drive — He would like to know whatthe reason is for requesting the amendmentto the zon ing map forthe subject parcel from residential single family to residential multifamily. The area under discussion is surrounded essentiallyby single-family homes. The plan is to intrude into that area with multifamily homes. He also asked whatthe definition isofa multifamilyunit. He asked aboutwhether the trafficimpact hasbeen consideredatthe intersection of Schumann Ddve,Thunderbird Drive, and the new Sunburst Circle. He asked if the units in the parcel will be connected to City sewer, or will septic tanks be allowed on canal -front property. He asked if the impact on Pelican Island Elementary School has been considered. Chairman Kautenburg informed the speaker that questions would be addressed after public input was closed. Tom Lohr, 116 Thunderbird Drive — He first came to Sebastian 20 years ago due to the quality of life. He noted at thattime that St. Lucie Cou my lies to the south and Melbourne the north. His opinion was that those two counties were being overdeveloped. At that time, Sebastian seemed to be a very laid-back city with a great quality of life. He now sees Sebastian as a place where we can accommodate a lot of growth. He asked if Sebastian really needs to do that. He hopes the members of this Commission are really thinking hard about the direction they would like to see Sebastian going into the future and preserving the quality of life of the many who have come here for continues. He recalled that Mr. Mills' presentation spoke about taking the first step and getting it rezoned, and then we will address details later. He is concerned aboutthat idea, and he would like to have more information on that. Planning & Zoning Commission/Local Planning Agency June 6, 2024 Marilyn Du bee, 1302Schuman nDrive —After she and her husband having served our country for many years, they moved to Sebastian in 2014 because of the peaceful atmosphere of the City. She is strongly opposed to the rezoning request from low density to medium density. She is concerned about the impact with additional septic systems. She asked if there will be City sewer as well as runoff into the canal. She is also concemedwith the impact on infrastructure. She strongly recommends to City Council and this Commission to consider the many impacts of this type of construction. Bart Edwards, 162 Day Drive -- Since 1988 he has worked in the construction industry. He disagreed with what Mr. Mills stated regardingseptic estimates. He is also concerned about the impact on traffic and other infrastructure. Deborah Gravely, Sebastian — She reviewed whatthe affordable housing parameters are in general. She stated that as of today Sebastian haszero affordable housing units available. The waiting list for a housing voucheris two years. She is in favor of the City of Sebastian rezoning available lots and allowing more affordable housing units so that the people who live and/orwork here can afford to live here. Ronald Blank, 164 Day Drive — He stated that people like to have affordable housing available. He would like to have a traffic flow study done before this project goes forward. He suggested that there are plenty of areas off US1, and we should consider what is being done and get the proper studies. He also asked why the Spirit of Sebastian does not offer affordable housing. Debra Ann Colavita, 122 Justine Drive -- She appreciates the efforts to manage the growth in Sebastian. Her objection is to duplexes. She opined that most duplexes are investor owned and rental properties. As far as affordability, rents in Sebastian have skyrocketed since COVID. Rents are $1,800.00 to $2,200.00 and above for duplexes, etc. This is notgoing to help the person who needs affordable housing. She asked why $200,000.00 to $300,000.00 homes cannot be built, such as Habitat for Humanity is doing. She sees no difference in the tax revenue between a single-family home and a duplex. She is also concerned aboutthe destruction of trees and wild animals. Tony Kraus, 157 Miller Drive -- He agrees with most of the comments that have been made tonight. He is opposed to multifamily housing. He believes that there should be affordable housing, just not in this particular area. Mike Rose -- withdrew. R. J. MacMillan He is a lifelong residentof Indian River County. He thinks that people have the right to develop their property. He suggested thatwe have an extreme need for affordable housing,and it is always easierto say it's better to go to anotherneighborhood. He agrees that there needs to be proper buffers and zoning, which he believes will be done. He added that taxes on rental properties are higherthan for single-family homes. He thinks with the proper buffers and other requirements, this is an ideal situation to have it in that neighborhood. Planning &Zoning Commission/Local Planning Agency June 6, 2024 Ben Hall, 1266 Schumann Drive — He is a local business owner, homeowner, and has been hereabout six years. He lives right in between both of these entrances where the most impact will be on the traffic. There is a lot of traffic on Schumann already, especially when there is an accidenton US1 or anywhere nearby. He addressed flood zones. There is a floodzoneall aroundthecanal area. These properties are goingto haveto be built much higherto be above the flood zones. He stated that, with multifamily housing, there is not less people than single-family housing. Jim Buffington — He stated he ownsthe lot at the cornerofSchumann and Thunderbird. He is concerned about having a traffic study. Ms. Bosworth said there will be answers to a lot of the questions after the public input is completed. Mr. Buffington said he has not seen any additional plans for Schumann, and he is concerned about the traffic at the cornerof Thunderbird and Schumann. Ms. Kautenburg closed the public input and called for Commission deliberations and questions. Ms. Bosworth reviewed the procedures, andsaid then Mr. Millscan answer the questions on plans. She did emphasize that this hearing is just on land use and zoning. This Commission will make a recommendation to City Council, and City Council is going to havetwo readings of the ordinance if they wish to grant this request. Those who received notice of tonight's meeting will definitely receive letters for those City Council meetings. If the land use and rezoning are approved, the next step for the developer is to come in with a preliminary plat. That is the design of what he would like to build. Thatisthepoint at which he has to submitwith that application a fully vetted environmental report from a certified environmentalist. A full traffic analysis is required at that time. They are also required to go to the school board and get a letter from the school board that calculates how many children are estimated. They then analyze all of the school districts in Sebastian and let staff know if they have capacity for those students. If they do not, the developer may have to give money to add onto those schools. That preliminary plat also goes before the Planning and Zoning Commission and City Council, and the publicwill also receive letters for that. All that information is set forth in the public records. At that point, the applicantwi11 come in with the actual construction drawings. She explained th at this subdivision is required by the Code that any stormwater that this subdivision would generate must stay on their property. It does not go into the canal. The Code also requ ires th at, if you are in a flood zon e, you are requ i red to work with FEMA to put en ough fill on that property to remove the property from a flood zone. So, there are a lot of development parameters that still have to meet approval of the land use andzoning. At this point, the developer is not given full range at this point to develop the property. It takes time. She said that Spirit of Sebastian was approved in 2018; they had their grand opening today. Mr. Mills then addressed the concerns voiced by the public. He understands their concerns. He stated that the future land use and the rezoning would allow for single family and does allowfor multifamily duplexes. Duplexes are notthe applicant's plan at this point. As far as what can be built, Ms. Bosworth covered that. Regarding a traffic study, with the actual project they will provide a traffic analysis. As to sewage, he understands the significance of the lagoon and the impactthat septic systems have on it. Planning & Zoning Commission/Local Planning Agency June 6, 2024 This project will be tied into Indian River County's sewer system. As far as a school capacity analysis, that will be done with the project because at that point they will know how many units are being asked for. Regarding stormwater impacts, there will be a review through the City, and they will have to meet all of their stormwater requirements as well as St. John's Water Management District and the lagoon as an impaired water body. So, there are extra treatment requirements for the stormwater, and they will have to comply fully with that. As far as roadways are concerned, the significance of abandoning the plan he talked about earlier, when they come in with a new project, the roads will have to be private. They will not be the responsibility of the City. The project will pay for impact fees. Some portion of those fees will go towards the City of Sebastian for capital projects. Regarding tree impacts, if the project goes forward there will not be a single tree remaining on that site. That is because of all the other requirements such as buffers, etc. When the application is presented, it will be reviewed as a new site plan. There is a sign ificantwaiton that site plan thatthe applicant iscompatiblewith the existing conditions of historic trees, specimen trees, and that will be taken into accountwith the design. As far as the flood zone question, probably less than 1% of the site is located within the flood zone. With the new project, there will have to be landscape buffers. So nota single housewill be builtin the flood zone. If there is any work within theflood plain, the applicant will have to provide compensatory storage to offset that volume. He understands the concerns about the quality of life. Attheendoftheday,hesaidthatthis is a small project. He does not think by approving this small project that it changes the dynamics of Sebastian in that sense and will impact the quality of life. Mr. Sheridan -- He asked if the existing seawall is on the property. Mr. Mills said the seawall is right on the right-of-way, right on the property line. He cannot differentiate if it is on the line by looking at the maps that he has here. He also stated there is a drainage and access easement. Mr. Mills added that, if the project moves forward with the 70 platted lots vs. a rezoning, it would make no difference whether it is investor owned or homeowner owned. Ms. Kautenburg called for deliberations by the commissioners. Ms.Geesey -- She has studied this matter closely, and this is contiguousto single-family homes. Regarding investor -owned properties, there are some of these in the City that need to be condemned, and she does not want to see a lot of investor -owned property. She is an animal lover. She plans to call the Florida Wildlife Commission to get information on relocation of gopher tortoises. She realizes Sebastian needs development, butwe need to control that development. Ms. Battles — She would say the one topic of conversation this eveningwas traffic. She would like Mr. Mills to address the question of where the average daily trips come from for each classification. Mr. Mills stated thatthere is a standard manual —the ITE-as it's referred to, and the current edition is the 11 th edition. So, when a traffic consultant is requested to do a traffic analysis, all the consultants go to the same manual, and they have a list of lane -use classifications and with those classifications, it is an industry - developed standard for rates based on the types of uses, and you apply those rates based on the uses. Planning & Zoning Commission/Local Planning Agency June 6, 2024 Mr. Reno asked about maintenance and location of the seawalls. Mr. Mills stated they will be addressed during design and working with the Engineering Department. Ms. Kautenburg — She stated that she has worked on the Comprehensive Plan forthe City of Sebastian three differenttimes. Each plan lasts ten years. Each comprehensive plan that has been adopted by the City of Sebastian has had an element in it that says we must encourage some affordable housing for the people who work here. We have neverdone anything in 30 years. In the last comp plan, we again came up with language that we must have some affordable housing. This year, for every proposal that comes before this Commission, we ask please, can you provide a certain element of affordable housing in your development. Someone asked why aren't we putting it in other places. She also spoke on the negative impressions that come when affordable housing is discussed. Affordable housing is not just for the workforce. It's for people who can no longer live in their present houses. She emphasized that presently there is none of that availability, none whatsoever. The lowest rent available today in the City of Sebastian is $1,800.00 per month, and there is only one. Building th ings that are not necessarilythe way we have always pictured them has become a necessary thing for us to consider. When wealso considerthesethings,this Commission also sehou sly considers the quality of life for the surrounding area as well as the quality of life that can be provided to those incoming residents. She stated that we really do need to build things forthe future. She explained that tonight' s question is do we change the zoning? And we don't even make that decision, we make a recommendation. As far as what will be there and exactly what it will look like, that is way down the road. There being no further deliberation, Ms. Kautenburg called for a motion. A motion was made for recommendation to City Council of Small Scale Comprehensive Plan Future Land Use Amendment — St. Lucie Development Corporation, Applicant -- an amendmentto the Comprehensive Plan future land use map for property containing 20.38 acres located east of Schumann Drive, north and 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 land use designation is LDR (low - density residential, 5 units/acre) and the requested land use is MDR (medium -density residential, 10 units/acre) by Ms. Battles and seconded by Ms. Lorusso. Roll Call Ms. Kinchen —Yes Mr. Reno — Yes Ms. Battles — Yes Ms. Geesey -- No Ms. Kautenburg --Yes Ms. Lorusso -- Yes Mr. Carter — Yes Vote was 6 to 1 in favor. Motion carries. (SHORT BREAK TAKEN.) (BACK ON THE RECORD.)