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HomeMy WebLinkAbout02-06-2025 PZ Agenda1. 2. 3. 4. m, SMASTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastion.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY Thursday, February 6, 2025 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of January 16, 2025 6. 7. 8. 9. 10. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS • Chairman opens hearing. - Attorney reads ordinance or resolution or title, if any; • Chairman announces rules that apply to hearing; • Applicant presentation, if appropriate; • Staffpresentation, comments and preliminary recommendation; • Public Input; • Stafffinal summary and recommendation; • Chairman closes hearing; • Commission deliberation and action/motion A. Public Hearing — Recommendation to City Council — Land Development Code Amendments — Ordinance 0-25-06 — Amending Article XXII, Language and Definitions by establishing a definition for Accessory Dwelling Units; and Amending Article VII, General Regulations by establishing new regulations for Accessory Dwelling Units and updating regulations for Accessory Structures relating to Accessory Dwelling Units; and Amending Article VI, Conditional Use Criteria by deleting the specific criteria for Guest Houses; and Amending Article V, Zoning District Regulations by deleting Guest Houses as Conditional Uses from the RS-20 & RE-40 Zoning Districts. PLANNING AND ZONING COMMISSION QUASI-JUDICIAL HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS: None 1 4 0I No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website otsebastian.or_ unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule If you wish to attend the meeting by Zoom, please follow the link below to the City's Meeting Calendar, and locate the applicable meeting date. The Zoom connection details are provided. httvs://www.citN,ofsebastian.orL,,'meetini-,calendar 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES JANUARY 16, 2025 IV Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. Pledqe of Alleqiance -- was recited by all. Roll Call Present: Mr. Roberts (a) Ms. Lorusso Ms. Matthews Ms. Battles Ms. Kautenburg Ms. Kinchen Mr. Carter Mr. Reno (a) Absen Ms. Geesey -- Excused Also Present: Jennifer Cockcroft, City Attorney Alix Bernard, Community Development Director Dorri Bosworth, Community Development Manager Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer Announcements and Aqenda Modifications c: Fa E CL E co gC9 P ' o Q 9 as Cn N 4"00 Ms. Kautenburg announced that Commissioner Cindy Geesey has been excused from tonight's meeting, and Mr. Christopher Roberts will be voting in her place. V. Approval of Minutes All commissioners having indicated that they had reviewed the Minutes of October 3, 2024, Ms. Kautenburg called for a motion. A motion accepting the Minutes of October 3, 2024 as presented was made by Ms. Lorusso, seconded by Ms. Kinchen, and approved unanimously via voice vote. VI. Local Planninq Aqencv (LPA) Public Hearings A. Public Hearing -- Recommend to City Council -- Small Scale Comprehensive PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING JANUARY 16, 2025 Plan Future Land Use Map Amendment -- St. Lucie Development Corporation, Applicant -- AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR PROPERTY CONTAINING 3.96 ACRES LOCATED NORTH OF DAY DRIVE, SOUTH OF SPRING VALLEY AVENUE, WEST OF ALEXIS STREET, AND EAST OF SCHUMANN WATERWAY, OR SPECIFICALLY TRACT N, SEBASTIAN HIGHLANDS UNIT 17. THE EXISTING LAND USE DESIGNATION IS INST (INSTITUTIONAL), AND THE REQUESTED LAND USE IS LDR (LOW DENSITY RESIDENTIAL, 5 DU/ACRE). Ms. Bernard reviewed that this is a public hearing for consideration and recommendation to City Council of small-scale comprehensive plan, future land use amendment, St. Lucie Development Corporation, Applicant, and Amendment to the Comprehensive Plan Future Land Use Map for property containing 3.96 acres located north of Day Drive, South of Spring Valley Avenue, west of Alexis Street, and east of the Schumann Waterway, or specifically Tract N, Sebastian Highlands Unit 17. The existing land -use designation is Institutional (INST), and the requested land use is LDR (Low Density Residential, five dwelling units per acre. Ms. Kautenburg reviewed the rules for a public hearing, and she thanked everyone for attending. Public Input is five minutes per individual. However, if there is something that is extremely urgent, by a majority vote of the Committee we could extend the time. Ms. Kautenburg called on the applicant to make his presentation. Wesley Mills, with Mills, Short & Associates introduced himself. He is the agent for the landowner/applicant. He made a brief presentation, one part being the land use hearing, and then after that, he stated that he would get into zoning. He identified the location of the map that was shown on the screen. He stated this is a site just shy of 4 acres. Reference is tract N. The reason the site is referred to as tract N is because it was plated back with Sebastian Highlands in the 1970s as part of the General Development Corporation's plat. He described all of the surrounding tracts. This is the plat from the 1970s from General Development Corporation/Sebastian Highlands, and tract N is highlighted in a pinkish color on the map. Mr. Mills stated the current land use for the site is Institutional. It is blue, and to the north and the south is low -density residential land use. Just to the west of this site there is medium -density residential separated by the Schumann Waterway. He discussed the allowable uses under the current zoning. There is only one allowable use for the site, and that is parks and around those institutional type uses such as churches, schools, etc. It does not allow for some accessory uses to those recreational facilities. There are about a dozen conditional uses that are allowed on the site, most of those revolving around residential uses surrounding PLANNING AND ZONING AGENCY/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING JANUARY 16, 2025 this site. The compatible zoning districts for this land use change that his client is requesting is RS-20, RS-10, and PD Residential, which are allowable zonings per the Comp Plan. He is going to be requesting tonight RS-10. He. reviewed some characteristics of the site. He indicated that RS-10, low -density residential, allows up to five units per acre. So, for a site that is approximately four acres, that would allow for approximately 19 units. He stated that this is a little misleading because you cannot get 19 units on the site meeting the 10,000 square foot minimums for the zoning regulations. Assuming the applicant is successful in all of the hearings, his client would like to do seven large estate lots for custom residential houses. There are public facilities, water and sewer, available and front the site. He stated that as part of this plan, the applicant would be coming in with lots that are anywhere from 35,000 square feet to the smallest being 15,000 square feet. As far as the traffic demand for that site, when looking at seven units, that would generate approximately 66 additional trips on the road network. He stated that the City does not warrant a traffic study until you get to about 400 trips per day. He pointed out the infrastructure that is in place as displayed on the map. The applicant believes there are adequate public facilities to handle the additional units. He further reviewed what is on the aerial view of the map. He then stated that he will answer any questions anyone may have. Ms. Kautenburg called for staff presentation. Ms. Bernard reviewed the history of the application for the future land use and rezoning of this 3.96 acres. In doing the analysis and looking at the surrounding already developed subdivision to the south and to the west. The request appears reasonable, and staff supports the request. Ms. Kautenburg called for public input. She explained the rules and parameters for anyone giving public input. Steve Rice, 128 Day Drive, Sebastian -- He asked why the City would consider taking what he would consider open space. When he purchased his home, he was told what that -lot was, -and -no---w-plans-ar-e--to-turn--that- into -residential -when -there -a- are-already being built on the other side of the canal by the same owner, he assumes. There is very little buffer between Day Drive, that subdivision, and the new one going in. Now you are going to turn that into more homes, and that does not make any sense to him. He reviewed that gopher turtles are in and out of that land all the time, as well as all kinds of different wildlife. He is firmly against this proposed project. Scott Leitgeb, 101 Day Drive, Sebastian -- He and his wife bought their home a little over 30 years ago. They love the area. He is happy that there are not going to be high - density homes built on the subject property. Michelle Soto, 132 Day Drive, Sebastian -- She lives directly across from where this development will be built. She asked what the timeline for the project is, and how is that PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING JANUARY 16, 2025 going to work with the larger project being built on Spring Valley. That may be a lot of construction going on, perhaps all at one time. Ms. Kautenburg said that question will be answered for her. Steve Rice -- He has a question about the street that crosses the canal. There used to be a culvert that was torn out of there sometime ago. He asked if there is a proposal to make that road an access to the new section of the development. He stated that that will be an impact on the nice quiet street. When that road gets opened up, it is no longer going to be a peaceful walking road, but a through road with a lot of traffic that is not currently there. Ms. Kautenburg said that question will be answered. Ms. Kautenburg called on staff for its summary. Ms. Bernard stated that the proposed 3.96 acres is looking at making a future land -use change from Institutional to Low -Density Residential. Staff has nothing further to add. Ms. Kautenburg asked Mr. Mills if he would like to address some of the concerns of the public. Mr. Mills said he understands the neighbors' concerns. He stated that this is not the same owner as the residential portion to the north. Also, the residential portion to the north is not 200 units. He estimated it is closer to 99 units. He is aware that it would require a conditional use approval by this Board. As the property stands, there are some development rights as it sits now that fall more towards the institutional type uses which the applicant does not feel would be in the best interests of the neighbors as well. He went on to describe some of those uses, things that would generate a lot more impact on the neighborhood. As far as timeline, the applicant does not have a definitive timeline presently for the project. They are looking to get through this process tonight. In talking with the property owner, Mr. Mills believes that he has the intent to move forward rather quickly assuming he is successful. He added that the construction of this project will be a lot less intrusive and demanding on the streets and traffic, etc. than the larger -scale development that is happening to the north. These houses are not all going to be built at once. They may not necessarily be speculative -type homes, so it would be perhaps one at a time as they are sold to the individual homeowners. Ms. Kautenburg closed the hearing, and she called for the Commission's deliberations and action. Mr. Carter -- He knows it is speculative at this point, but he asked if there has been any thought as to what the projected values of the homes being built are going to be for this project. Mr. Mills estimated that those values will be somewhere north of $500,000, which is his opinion. Ms. Cockcroft reminded everyone that that is not one of the considerations. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING JANUARY 16, 2025 Ms. Lorusso -- She stated that, considering some of the uses that are institutional land uses that could possibly be put there, she thinks that five to nine homes would be less intrusive on the neighbors. Ms. Battles -- Asked if the number of lots where the applicant is planning on constructing these homes would constrain the roadway frontage. Mr. Mills said the applicant wanted to keep the project simple. Ms. Battles asked if some of the lots would potentially be accessed from Alexis Street. Mr. Mills stated there are two lots on the conceptual site plan that he has that would front Alexis, yes. Ms. Kautenburg -- Opined that many of the institutional uses would have a significantly more deleterious effect on the neighborhood, and she gave examples of some of those uses. There being no further questions/comments, Ms. Kautenburg called for a motion. A motion approving the request for change of future land use map containing 3.96 acres located north of Day Drive, south of Spring Valley Avenue, west of Alexis Street, and east of the Schumann Waterway, or specifically tract N, Sebastian Highlands, Unit 17 from Insitutional to Low Density was made by Ms. Battles and seconded by Mr. Carter. Roll Call Ms. Kinchen -- Yes Ms. Battles -- Yes Ms. Kautenburg -- Yes Mr. Roberts (alternate) -- Yes Vote was 7-0 in favor. Motion passes. Ms. Matthews -- Yes Ms. Lorusso -- Yes Mr. Carter -- Yes VII. Planning and Zonina (P & Z) Commission Quasi -Judicial Hearing A. P & Z Quasi -Judicial Public Hearing -- Recommendation to City Council -- Request for Rezoning -- St. Lucie Development Corporation, Applicant AN AMENDMENT TO THE CITY'S ZONING MAP FOR PROPERTY CONTAINING 3.96 Acres LOCATED NORTH OF DAY DRIVE, SOUTH OF SPRING VALLEY AVENUE, WEST OF ALEXIS STREET, AND EAST OF THE SCHUMANN WATERWAY, OR SPECIFICALLY TRACT N, SEBASTIAN HIGHLANDS UNIT 17, THE EXISTING ZONING DESIGNATION IS PS (PUBLIC SERVICE) AND THE REQUESTED ZONING IS RS-10 (RESIDENTIAL, SINGLE- FAMILY.) PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING JANUARY 16, 2025 Ms. Kautenburg asked if any of the commissioners have had any ex-parte communications regarding this project such as conflicts or site visits. There being none, Ms. Kautenburg called for the applicant's presentation. Mr. Mills, presented a few slides as they relate to the rezoning application. He explained the zoning map and described each section and called for any questions or comments. There being none, Ms. Bernard made the staffs presentation. Ms. Bernard identified the rezoning application, and that the applicant has requested a change from Public Service to RS-10 (Single -Family Residential). In staffs analysis, this projected plan is compatible with the existing surrounding neighborhood. She called for any questions or comments. There being no questions from the Board members, Ms. Kautenburg called for input from the public. Seeing none, Ms. Kautenburg called for a motion. A motion approving the recommendation to City Council of the zoning change for Tract N, Sebastian Highlands, Unit 17 was made by Ms. Kinchen and seconded by Mr. Carter. Roll Call Ms. Lorusso -- Yes Ms. Kinchen -- Yes Mr. Roberts (alternate) -- Yes Mr. Carter -- Yes Ms. Battles -- Yes Ms. Kautenburg -- Yes Ms. Matthews -- Yes Vote was 7-0 in favor. Motion passes. VIII. Unfinished Business -- None IX. New Business: -- Election of Chairperson and Vice -Chairperson Ms. Lorusso nominated Ms. Kautenburg for Chairperson. Mr. Carter seconded that nomination. Ms. Kautenburg accepted the nomination. There being no further nominations, Ms. Kautenburg was unanimously elected Chairperson of the Planning and Zoning Commission for the next year. Ms. Lorusso nominated Ms. Kinchen for Vice -Chairperson. Mr. Carter seconded that motion. Ms. Kinchen accepted the nomination. There being no further nominations, Ms. Kinchen was unanimously elected Vice -Chairperson of the Planning and Zoning Commission for the next year. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING JANUARY 16, 2025 X. Adiourn There being no further business, the meeting was adjourned by Ms. Kautenburg at 6:34 p.m. Irs mvOF SEBASTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebasfian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Land Development Code Amendments — Ordinance 0-25-06 — Amending Article XXII, Language and Definitions by establishing a definition for Accessory Dwelling Units; and Amending Article VII, General Regulations by establishing new regulations for Accessory Dwelling Units and updating regulations for Accessory Structures relating to Accessory Dwelling Units; and Amending Article VI, Conditional Use Criteria by deleting the specific criteria for Guest Houses; and Amending Article V, Zoning District Regulations by deleting Guest Houses as Conditional Uses from the RS-20 & RE-40 Zoning Districts. DATE: January 31, 2025 A Land Development Code text amendment application has been filed with the city requesting consideration to allow Accessory Dwelling Units to be constructed in the RS-10 zoning district, similarly to the code currently allowing Guest Houses in the RE-40 and RS-20 districts as conditional uses. Staff conducted a review of city codes, similar codes from local governments, and organizational studies, including a model ordinance prepared by the AARP in conjunction with the American Planning Association (APA). In order for the addition of Accessory Dwelling Units to be an effective tool in offering alternative housing types in Sebastian to help combat the lack of available living units for the workforce, elderly, and younger generation, staff is proposing Accessory Dwelling Units are allowable by establishing new regulations under the umbrella of being a type of accessory structure, and removing the cumbrous steps of acquiring a conditional use permit. The proposed ordinance was drafted with mindful consideration of Sebastian's newly adopted Strategic Plan, policies within the City's Comprehensive Plan 2040, and the existing character of our community neighborhoods. Ordinance 0-25-06 is being presented for your consideration and recommendation to City Council. Section 54-1-2.7(b)(3) of the Land Development Code states that the PZ Commission shall consider the following criteria in its review of the proposed text amendment: a. Consistency with plan. Whether the proposal is consistent with the comprehensive plan. The commission shall identify any inconsistencies. b. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. c. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. d. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. e. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. f. Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. g. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. h. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. i. Public interest; enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation. j. Other matters. Other matters which the planning and zoning commission may deem appropriate. Staff opines that the proposed ordinance does meets the above criteria, and recommends that the Planning & Zoning Commission hold a public hearing and forward a favorable recommendation to City Council regarding Ordinance 0-25-06. A first reading of the ordinance has been tentatively scheduled for City Council on February 26, 2025. Dorri Bosworth, Manager/Planner Community Development Department ORDINANCE NO.O-25-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN BY ADDING SECTION 54-2-7.23 TO ESTABLISH NEW STANDARDS FOR ACCESSORY DWELLING UNITS; AMENDING SECTION 54-5-22.2 BY ESTABLISHING A DEFINITION FOR ACCESSORY DWELLING UNITS; AMENDING SECTION 54-2-7.5 TO UPDATE REGULATIONS REGARDING ACCESSORY STRUCTURES PERTAINING TO ACCESSORY DWELLING UNITS; AMENDING SECTION 54-2-6.4 BY DELETING CONDITIONAL USE CRITIERIA FOR GUEST HOUSES; AMENDING SECTIONS 54-2-5.2.1 AND 54-2-5.2.2 BY DELETING GUEST HOUSES AS CONDITIONAL USES FROM THE RE- 40 AND RS-20 ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is presently confronting a housing situation where the home prices and rents are currently unaffordable for families and households of middle and moderate incomes; and WHEREAS, the Sebastian City Council wishes to ensure the availability of suitable and adaptable housing that accommodates City of Sebastian residents of middle and moderate incomes at all stages of life, including the elderly, and accommodate multigeneration living; and WHEREAS, Policy 3-1.4.2 of the City of Sebastian's Comprehensive Plan 2040 requires that Sebastian City Council identify and analyze areas within the City of Sebastian where accessory dwelling units may be accommodated without negatively impacting neighborhood character, while evaluating the feasibility of including flexible regulations and standards within the City of Sebastian's Land Development Code which promote the implementation of innovative housing design and development concepts such as accessory dwellings units; and WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted Comprehensive Plan; and WHEREAS, the Sebastian City Council hereby finds that it is in the public interest to modify and update certain provisions of the Land Development Code of the City of Sebastian to establish new regulations which will allow accessory dwellings units as a housing alternative for the middle and moderate income households, for the elderly wishing to age in place; and multigenerational living; and WHEREAS, the Local Planning Agency of the City of Sebastian held a public hearing on February 6, 2025, and made a recommendation to the Sebastian City Council to Ordinance 0- 25-06. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: Sec. 54-5-22.2. Definition of terms. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Accessory dwellinx unit (ADU). A residential living unit that is a subordinate use to the primary dwelling unit on a single-family lot which provides independent living facilities for one or more persons, which includes provisions for sleeping. eating, cooking, and sanitation. The ADU may be phvsically attached to a single-family residence, located entirely within a single-family residence. or located within an existing or proposed detached accessory structure on a single-family lot. Accessory structure. A structure which is customarily associated with, subordinate in size and incidental in use to the principal structure and located on the same site. Examples are tool sheds -al garages. and accessory dwelling units. Accessory use. A use that is clearly incidental to the principal use, that is subordinate in area, extent or purpose to the principal use and that contributes to the comfort, convenience or necessity of the principal use, and that is located on the same lot with such principal building or use. Density, maximum gross residential. The maximum gross residential density shall be determined by dividing the "maximum allowable units" by the "gross acres of land" (i.e., dwelling units/gross land acres). Accessory dwelling units shall not be counted towards maximum density . meet ace An a3eessefy stmetwe to a main residenoo far the housing f guests of the owner- oF lessee of the main r-esidenee. Amendment 2: Sec. 54-2-7.23. Accessory dwelling units. (a) Purpose. It has been deemed to be in the public interest to permit accessory dwelling units ("ADU for existing_ single-familv residences and in zoning_ districts where sing_ le -family residences are designated as a permitted use, so as to: (1) Maintain a diverse supply of housing options: (2) Provide flexible, adeuuate and affordable living accommodations (3) Support homeowners utilizing excess space to offset the cost of home ownership: (4) Foster the community's composition by establishing spaces for multig_enerational living and aging in place: Promote the conservation of natural resources and land, and prevent proliferation of sprawl by the repurposing of existing structures and developed lots. (b) Prohihitions. The following uses directiv associated with ADUs are prohibited: (1) The leasinu of either the principal residence, the ADU or both for short-term rental. No accessory dwelling unit may be utilized for commercial purposes. (2) The conversion of an ADU into a condominium or anv other form of legal ownership distinct from the ownership of the single-familv dwellina. (3) The conversion of an ADU into a primary dwellinu unit. unless it were to become the only dwelling unit on the lot and conform with zoning district regulations for a primary dwellinu unit. (c) Requirements. (1) Creation. An accessory dwelling unit may only be created through the following methods: i. Converting existing living area, attic. or garage; ii. Addinu floor area to the livine area or garage of an existing single-familv dwelling; iii. Constructinu a detached accessory dwelling unit on a lot with an existing sinule-familv dwelling; or iv. ConstructinL a new sinule-family dwellinu with an internal or detached accessory dwelling unit. (2) Requirements of this section shall not supersede property owner or subdivision deed restrictions. (3) An accessory dwelling unit and principal dwelling unit shall be located on a single lot or parcel or on a combination of lots or parcels unified under a recorded unitv of title document. and combined into one tax parcel. (4) Density. A single-familv lot proposing an ADU is exempt from the maximum gross residential densitv established by the Citv's Future Land Use Map for that parcel. (5) The accessory dwellinu unit shall use the same address as the principal structure. (6) Accessory dwellinu units shall be located onlv on lots which either satisfy the minimum lot size requirements of the applicable zoninu district or are legally platted lots, with the exception of non- conformin-g, un-platted lots that are at least seventy (70) feet wide and have a minimum lot area of seven thousand (7.000) square feet. (7) Anv accessory dwelling unit shall be clearly incidental to the principal dwelling and shall be developed only in coniunction with or after development of the principal dwellinu unit. (8) No accessory dwelling unit shall be established in coniunction with a multi-familv dwellinu unit. (9) An accessory dwellinu unit shall be charged an impact fee based on the residential unit impact fee category as determined by Indian River Countv. (d) Des4vn Standards. (1) Purpose. Creating standards for accessory dwelling units address the following purposes: i. Ensure that accessory dwelling units are compatible with the desired character and livabilitv of the citv's residential neiuhborhoods: ii. Respect the general building scale and placement of structures to allow sharinu of common space on the lot. such as driveways and yards: and iii. Ensure that accessory dwellinu units are smaller in size than single-familv dwellinu units. (2) The design, character, and treatment of a detached accessorv_dwelling unit should be as close as reasonably possible to those of the principal dwelling. The facade design and materials shall be similar and consistent with the principal dwelling and use conventional residential windows and doors. (3) Mobile homes or recreational vehicles shall not be used as accessory dwelling units. The ADU shall meet the minimum requirements for a dwelling unit in accordance with the Florida Building Code.- (4) Size. The gross floor area of the accessory dwelling unit shall not exceed fiftv_percent (50%) of the gross floor area that is under air of the principal dwelling unit or one thousand gross square feet (1,000 SF), whichever is less. Any accessory dwelling_ unit -shall be no smaller than three hundred gross square feet (300 SF). (5) Setbacks. An accessory dwelling unit must meet the applicable zoning district regulations in which the pr_pertv lies pertaining to setbacks and lot coverage provisions. (6) Height. A detached accessory dwelling unit shall not exceed one story in height. The unit may be located on a second story if the first story is utilized as a garage or storage facility. (7) The accessory dwelling unit shall be serviced by centralized water and wastewater if those utilities are available, or meet the Health Department's well and septic requirements. Modification, expansion or installation of well and/or_ septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adiacent vacant property unbuildable for future development when well and/or septic tank facilities would-be required to service development on those adiacent properties. (8) Parking. On -site parking shall be provided to support the use of both -the principal dwelling unit and ADU. One (1) off-street parking space shall be provided for the accessory_ dwelling_ unit in addition to the minimum spaces required for the principal dwelling unit. Amendment 3: Sec. 54-2-7.5. Accessory structures. (a) Presence of principal building required. No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy. (b) Location: (1) General rule of location. No accessory structure shall be located in any required yard (setback), other than as outlined below. Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. a. Special regulations governing rear yards. Detached structures, such as utility sheds, accessory dwelling_ units. and other structures accessory to a primary dwelling within a residential zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed 400 square feet in lot coverage and shall not exceed 12 feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas, shall not exceed 25 feet in height. 4 (2) Corner lots. Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title within an interior lot that contains the prin leprmcwal structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS-10 zoning district, and in all other zoning districts shall meet required front yard setbacks. (c) General regulations of accessory buildings: (1) No mobile home, travel trailer, tent or similar structure, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. (2) No accessory structure shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). (3) The building official shall not issue a building permit if the accessory structure does not comply with all other provisions of the Land Development Code, Comprehensive Plan or the Code of Ordinances of the City of Sebastian. (4) Excluding accessory dwelling; units. Nno accessory structure shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. (5) Attached or detached quonset-type or style accessory structures, usually defined as any self- supporting structure, typically in an "arch" or curved shape with no interior posts, trusses or support beams of any kind and with the exterior sheeting forming the building, are prohibited. (6) A residential lot will be allowed five square feet of accessory building area (cumulative, excludin,-, accessory dwelling units), for every 100 square feet of lot area, not to exceed 1,000 square feet total. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures, which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. (7) Excludim accessory dwelling; units, Aany attached or detached accessory building over 500 square feet in area, any attached or detached carport and/or breezeway over 500 square feet in area, must be reviewed and approved by the planning and zeni onadministrativelN.- bv WanninQ staff utilizing the following criteria: a. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal -looking products. b. The roof of the accessory building must have a minimum pitch of 3:12. c. Accessory structures 501 square feet to 750 square feet in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. d. Accessory structures 751 square feet to 1,000 square feet in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways. Said requirements are as follows: One shrub for every three lineal feet, 24 inches in height at planting. 5 Amendment 4: Sec. 54-2-6.4. Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below- (24) G aythouse.-Reserved. a. AppWaV.a zening distriets. Guest house apaFtme o ohn11 ava oonditiona: ► cc within -the rfollowing zoning disstriets- RS 20 and RE 40. b. C--\-o:rrl u3;3 a ill 15�3 allawod prcn4ded thm +i,o f hewing e f +--Fra art r:wt: atf-ustufe shall be ., aeoessafy stn -- & p.3:ter--af a pr?noi ral single f&,%i15 dwelling. No guest he is "Ynr:e n4 may be tilized for e...ne uva rental yuipvsysr -3-. Total squafe footage of the guest e vinall Ot exe ea cnoi f the +Ott footage 6f th: piiraCpal :tr :tu a (ine di ng living and en living s e, btA the + + t squar- feetage f the guest t,,,us . lh4 "ot, 1r: wf .Vent, o ova i 009 &+.`.: s ao+, .�,oaaeeessefy n+,�, ., utilized rn guest sa ayall e�soaa the -11 ¢ �rll-t f A legado eum er t in a fern Azall 1=3 ~pn-,7A ems' olerk n reoera ble f ,..,, to be ro er-dea by the Clerk , 0ie G:rouit Ge cr Indicm River County, i the publie ,-ol.erds, which sots f Ah the limit7tl.✓16 3 f the use on site The 6- Mind um lc,', vza :hall bo 304, )Wc Aar• fbet-- Amendment 5: Sec. 54-2-5.2.1 Residential Estate District (RE-40). (b) Uses permitted: Single-family dwellings Foster careh!roup homes with < 6 residents (c) Conditional uses: Foster carehlroue homes with > 6 residents Model homes Schools, public or private Utilities, public and private Protective and emery encv services, public Equestrian uses Home occupations Accessory residential uses Guest euses Child care services Churches Parks and recreation, public Golf courses and support facilities Accessory uses to conditional uses 11 Amendment 6: Sec. 54-2-5.2.2. Single -Family Residential District (RS-20). (b) Uses permitted: Single-family dwellings Foster care/group homes with 6 < residents Accessory residential uses Home occupations (c) Conditional uses: Foster care/group homes with > 6 residents Model homes Schools, public or private Utilities, public and private Protective and emergency services, public Accessory uses to conditional uses G st heifses Child care services Churches Parks and recreation, public Golf courses and support facilities Amendment 7: Sec. 54-2-5.9. Table of Land Use by Districts. Table 54-2-5.9, Land Use by Districts, stipulates the permitted and conditional uses by district. Permitted uses are uses allowed by right, provided all applicable regulations within the Land Development Code are satisfied, as well as all other applicable laws and administration regulations. Conditional uses are allowable only if approved by the city pursuant to administrative procedures found in Article VI. The applicant requesting a conditional use must demonstrate compliance with conditional use criteria set forth in Article VI. The applicant shall bear the burden of proof in demonstrating compliance with all applicable laws and ordinances during the site plan review process. The site plan review process is set forth in article XVIII. TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX RE- RS- RS- RM- R- C- CL CG CR CWR IN Al PS C 40 20 10 8 MH 512 RESIDENTIAL USES Single-family P P P P P dwellings Duplex dwellings P P Multiple -family P P dwellings Townhouses P Qualified affordable C housinY Mobile homes P Vehicular storage C areas 7 Foster care/group P P P P P home with < 6 residents Foster care/group C C C C C homes with > 6 residents Model homes C I C 1 C C C C Guest hou C- IC- Home occupations P 1 P 1 P P P P I P 1 P 1 P 1 P I I Residential uses P accessory to permitted uses Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the Sebastian City Council did not intend to enact such invalid provision. It shall further be assumed that the Sebastian City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Conflicts. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the Ordinance shall be codified within part of the City of Sebastian Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The Motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Fred Jones Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 52025. 8 ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq., BCS City Attorney �i CRYOF 583ASTL HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastion.org ❑ Comp Plan Land Use Amendment ❑ Comp Plan Text Amendment (Large scale) X Land Development Code Text Amendment ❑ Comp Plan Land Use Amendment ❑ Rezoning (Small Scale) ❑ Annexation Project Name: Babcock Accesory Structure Total Site Area: 20037.6 SF Acres\SF .46 Acres Parcel ID: 31382500001358000006.0 Existing Address of Site: 550 PERIWINKLE DR SEBASTIAN, FL 32958 Proposed Address of Site: SAME AS ABOVE Proposed Use: RESIDENTIAL Land Use: SF ZONED; MULT SITE Zoning: RS-10 Contact Name: JIM ADAMS and BRAD RE:ARDIN Address: 771 BREAKWATER TERRACE SEBASTIAN, FL 32958 Telephone: JA:772-713-7699; BR 772-473-5966 Email: jim@renovations. plus; brad@renovations.plus Applicant (If not owner, written authorization (notarized) from owner is required) Owner: NABILA BABCOCK Address:660 PERIWINKLE DR SEBASTIAN, FL 32958 Telephone: 772-532-3953 Email: natalie95411@yahoo.com Date Received: I 0 14 1 2 Fee Paid: 151 Received by.� -r . 4 U ti 1q0 •:u Surveyor: CECRLE SURVEYING; THOMAS CECRLE Address: 10749 HIGHWAY U.S.1, SUITE A SEBASTIAN, FL 32958 Telephone: 772-388-0520 Email: tcecrle@bellsouth.net Engineer: MILLS SHORT & ASSOCIATES; JASON SHORT Address: 700 22ND PLACE VERO BEACH, FL 32960 Telephone: 772-226-7282 Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: Email: jshort@millsshortassociates New construction of 500sf habitable accesory structure as residence for property owner's adult daughter. NOTE: Septic modification is approved by the Health Dept. Permit pack is submitted to Seb. Bldg. Dept. Code Text Ammendment Request to allow such structures in current zoning dist. *Please see attached letter." SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of constructio 4aeAR'+'1W -1p zo7I. Print name Signature Da Notarv: / STATE OF: +! �, a T Cr COUNTY: )r) I I.w\ i Vie I hereby certify that on 0 C4 6-r' ` 20,3q personally appeared ��,(Gn� �� i ►r1 who is _ personally known to me or has ZI-produced identification. Type of identification produced: f z [SEAL] IVAN BEDOLLA ��. : Notary Public - State of Florida Commission x NN 595325 �,.r My Comm. Expires Sep 19, 2028 3oncEd through National Notary Assn, 7 Nota Public r] My Commission Expires: j v_ • R • RENOVATIONS + LWG wd To: City of Sebastian Community Development Staff 1225 Main Street Sebastian, FL 32958 From: Jim Adams Brad Reardin Renovations Plus of Indian River County LLC 771 Breakwater Terrace Sebastian, FL 32958 CBC1267143 RE: Land Development Code Text Amendment Request Project Address: 550 Periwinkle Dr Sebastian, FL 32958 .i pue rl-�S-�wy Dear Development Staff, Allow us to introduce ourselves, our names are Jim Adams and Brad Reardin, both long time Indian River County Residents, as well as co -owners of Renovations Plus of Indian River County, LLC. We are a State of Florida Certified Building Contractor. Specializing in Residential and Commercial, renovations and remodeling, as well as new construction services. Thank you for taking time to consider our application for a Land Development Code Text Amendment, related to multi -unit housing in the RS-10 Zoning District within the Sebastian City Limits. As most, if not all of you are aware. We have been experiencing an affordable housing crisis, not just nationally, but also locally.The impacts have been especially difficult on the younger adult, as well as elderly populations. Additionally, the impacts have been felt most greatly by those who are either parents of the younger adults, children of the elderly, and in some cases, both. Within our local population demographic, there are currently many residents who have found themselves having to provide financial assistance or housing to one or more members of their families. More often than not, resulting in a very challenging, if not negative, impact on their quality life. One such resident of Sebastian is one of our customers, Ms. Nabila Babcock, who has been an incredibly benevolent member of this community since 1999, when she built her "Forever Home" at 550 Periwinkle Drive. Ms. Babcock provides loving care for several children in her home, and also provides housing to her adult daughter who is unable to live completely independently. As a result, Ms. Babcock has contracted with us to construct a small habitable structure on her existing improved property. in order to help relieve the challenging impact on her own quality of life, as well as to provide a home for her adult daughter to live in a somewhat independent manner. Ms. Babcock is "far from alone" in her situation. Over the past months, we have spoken with several more residents locally who are considering a similar solution to this ever-increasing problem, whether it be to assist their adult children, or provide a safe and loving environment for their aging parents. We are requesting that Ms. Babcock and other caring and generous residents living in the RS-10 Zoning District, within the Sebastian City Limits, be allowed to construct such habitable accessory structures, for the above, or similar non-commercial purposes. Providing their respective properties meet the requirements, as in the other Zoning Districts which allow these structures to be constructed. Once again, we would like to thank you fort taking time to consider this request. We look forward to working together with Community Development Staff to help Ms. Babcock, and other residents of Sebastian, who direly need an amendment to the current code text. This will allow them to provide care and generosity to their loved ones, while relieving the current challenges to their own quality of life. Sincerely, Jim Adams, Owner �. Renovations Plus of Indian River County, LLC '� �il i Brad Reardin, Owner I I W Renovations Plus of Indian River County, LLC Y - — ------ Policy 3-1.3.5: Aging in Place. The City shall support aging -in -place strategies that encourage residents to remain in their neighborhoods as they age and as needs evolve. These strategies may include shared housing options, accessory dwelling units, and other assisted living arrangements. Objective 3-1 A Housing for a Livable Community. Ensure the availability of suitable and adaptable housing that accommodates City residents at all stages of life. Policy 3-1.4.1:: Mix of Housing. The City shall promote livability by ensuring the City's LDC and review processes promote a diverse mix of housing stock that is well -integrated with the City's mobility network and accessible to services and amenities. Policy 3-1.4.2: Accessory Dwelling Units. The City shall identify and analyze areas within the City where accessory dwelling units (ADUs) may be accommodated without negatively impacting neighborhood character. The City shall evaluate the feasibility of including flexible regulations and standards within the LDC which promote the implementation of innovative housing design and development concepts such as ADUs. Objective 3-1.5: relocation Housing. Provide uniform and equitable treatment to persons and businesses displaced by state and local government programs, consistent with Florida Statutes and the City's Community Redevelopment Master Plan. Policy 3-1.5.1: Displacement. When residents are displaced by City actions, through public . development or redevelopment, the City shall attempt to ensure the residents are able to relocate to standard, affordable housing. Policy 3-1.5.2: Relocation. The City shall coordinate with appropriate agencies to prepare plans of action regarding relocation of residents, before programs are enacted that will create displaced households. Such plans shall include, but are not limited to, the following: • Timing of the relocation, • Assessment of the need for the program which will displace households, • Costs associated with the displacement of such households, and • An assessment of the household's needs and the impact of the relocation on the household, including: ■ Location and the effect of a new neighborhood location on the household's distance to job, schools, and social activities, and • The adequacy of public transit, if applicable at the time, to serve the displaced household. Objective 3-1.6: Existing Housing Stock and Neighborhoods. Conserve the useful life of the City's existing housing stock through effective implementation of programs directed toward preserving neighborhood quality, conservation of natural resources, maintenance of community facilities, and code enforcement. Policy 3-1.6.1: Housing Rehabilitation. The City shall promote the rehabilitation of deteriorated substandard housing units to ensure code compliance and increase the supply of affordable housing. Adopted June 23, 2021 158 Business Impact Estimate Exemption ORDINANCE NO.O-25-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY ADDING SECTION 54-2-7.23 TO ESTABLISH NEW STANDARDS FOR ACCESSORY DWELLING UNITS; AMENDING SECTION 54-5-22.2 BY ESTABLISHING A DEFINITION FOR ACCESSORY DWELLING UNITS; AMENDING SECTION 54-2-7.5 TO UPDATE REGULATIONS REGARDING ACCESSORY STRUCTURES PERTAINING TO ACCESSORY DWELLING UNITS; AMENDING SECTION 54-2-6.4 BY DELETING CONDITIONAL USE CRITIERIA FOR GUEST HOUSES; AMENDING SECTIONS 54-2-5.2.1 AND 54-2-5.2.2 BY DELETING GUEST HOUSES AS CONDITIONAL USES FROM THE RE-40 AND RS-20 ZONING DISTRICTS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. If one or more boxes are checked below, the City has determined that it is not required by State law* to prepare a Business Impact Estimate for the proposed ordinance, in consideration that the ordinance meets one or more of the following: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ® The proposed ordinance is enacted to implement the following: *See Section 166.041(4)(c), Florida Statutes. a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; ❑ b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; ❑ c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or ❑ d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. *See Section 166.041(4)(c), Florida Statutes.