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HomeMy WebLinkAbout2025 03 12 - Ordinance No. O-25-01 FLUMCITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE March 12, 2025 �\ I TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Alix Bernard, Community Development Director SE B A S T I A H Consideration of Ordinance No. 0-25-01 Proposed Future (E N T E N H I A I (E l I 0 R AT I O N SUBJECT Land Use Map (FLUM) Amendment of 3.96 acres off of 1914-1014 Day Drive from Institutional to Low Density Residential Second Reading and Adoption Hearing EXECUTIVE SUMMARY This is a request by the owner/applicant (St. Lucie Development Corp.) of the subject parcel for a change in the future land use from institutional (INST) to low density residential (LDR.) The subject property consists of 3.96 acres, more or less, located north of Day Drive, south of Spring Valley Ave, West of Alexis St and East of the Schumann Waterway. Existing residential surrounds the property to the south and west. The property is currently vacant. The subject property was originally platted as Tract N on the Sebastian Highlands Unit 17 plat as developed by General Development Corporation in September of 1970. The property has changed hands multiple times through the years until it was purchased by the �. current owner in 2003 more than twenty years ago. The applicant is requesting a change in the Future Land Use from Institutional to Low Density Residential which is in alignment with the surrounding neighborhood. 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. This amendment will be transmitted to the DEO upon adoption by City of Sebastian City Council. RECOMMENDATION Staff recommends adoption of Ordinance No. 0-25-01 on Second and Final Reading. ATTACHMENTS: 1. Ordinance No. 0-25-01 2. Business Impact Estimate ., 3. Future Land Use Analysis FUNDING SOURCE: .. Expenditure required N/A Additional Funds Needed: N/A Amount Budgeted: Funding source N/A I N/A 21 ORDINANCE NO.O-25-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ,I APPROVING A SMALL-SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR LAND WITH A CURRENT LAND USE DESIGNATION OF INSTITUTIONAL (INST) FOR PROPERTY CONSISTING OF 3.96 ACRES, MORE OR LESS, LOCATED NORTH OF DAY DRIVE, SOUTH OF SPRING VALLEY AVE, WEST OF ALEXIS ST AND EAST OF SCHUMANN WATERWAY. AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; jam` PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on January 16, 2025, the Planning and Zoning Commission, sitting as the Local Planning Agency of the City of Sebastian, a favorable recommendation was made for the adoption of the requested change to the Future Land Use Map (FLUM) and the change was found to be consistent with the Comprehensive Plan; and WHEREAS, the Sebastian 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 City of Sebastian Planning and Zoning Commission; and WHEREAS, the Sebastian 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 Sebastian 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; encourages the most 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. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: MR 22 WR rat See attached Exhibit "A " Property Warranty and Survey Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Low Density Residential (LDR) in accordance with the requirements of Florida law. See attached Exhibit "B " Future Land Use Map �+ Section 3. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. ?W1 Section 4. 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 Sebastian City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the Sebastian 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 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. Pursuant to Florida Statutes § 163.3187(5)(c), this rml Ordinance shall take effect thirty-one (31) days from the date of adoption. Section 7. ADOPTION SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the Sebastian City Council on the day of , 20259 and adopted on second/final reading at a regular meeting of the City Council on the day of 12025. pq PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this day of , 2025, 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 �� lum 23 ATTEST: Jeanette Williams, MMC City Clerk ADOPTION 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 , 2025. ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK This ordinance is effective the day of prescribed by Florida Statutes, 163.3187(5)(c). CITY OF SEBASTIAN, FLORIDA By: BOB McPARTLAN, MAYOR day of Approved as to form and legality for reliance by the City of Sebastian only: JENNIFER COCKCROFT, ESQ., BCS CITY ATTORNEY , 2025, in accordance with the date n 24 r SMI rawl Business Impact Estimate Exemption Proposed ordinance's title/reference: AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF LDR (LOW DENSITY RESIDENTIAL) FOR LAND WITH r-Z1 A CURRENT LAND USE DESIGNATION OF INST (INSTITUTIONAL) FOR PROPERTY CONSISTING OF 3.96 ACRES, MORE OR LESS, LOCATED NORTH OF DAY DRIVE, SOUTH OF SPRING VALLEY AVE, WEST OF ALEXIS ST AND EAST OF SCHUMANN WATERWAY. rJ9 AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. If one or more boxes are checked below, City has determined is not required by state law* for the proposed ordinance, because the ordinance meets one or more of the following: ra ❑ 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: r2n ® 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 1=9 ❑ d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. fmR *See Section 166.041(4)(c), Florida Statutes. 25 mra HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Planning and Zoning Commission January 16, 2025 LPA Legislative Public Hearinn — Recommendation to Citv Council Comprehensive Plan Future Land Use Map Amendment for a Specific Site St. Lucie Development Corp -- Day Drive -- 3.96 acres 1. Project Name: St. Lucie Development Corp — Day Dr 3.96 acres ^ 2. Project Applicant: Kevin Hawkins 2948 Major Ridge Trail Duluth, GA 30097 3. Requested Action: Change in Future Land Use from Institutional (INST) to Low Density Residential (LDR) (Exhibit A) 4. Project Location: Section 19, Township 31, Range 39 Subject Parcel is 3.96 Acres, More or Less Parcel # 31391900001001400001.0 Legals: (Exhibit B, Application, Warranty Deed with Legals) 5. Project Description: The subject property consists of 3.96 acres, more or less, located north of Day Drive, — south of Spring Valley Ave, West of Alexis St and East of the Schumann Waterway. Existing residential surrounds the property to the south and west. The property is vacant. The subject property was originally platted at Tract N on the Sebastian _ Highlands Unit 17 plat that was developed by General Development Corporation in September of 1970. The property has changed hands multiple times through the years, until it was purchased by the current owner in 2003, more than twenty years ago. The applicant is requesting a change in the Future Land Use from Institutional to Low Density Residential which is in alignment with the surrounding neighborhood. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site -speck 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. This _ amendment will be transmitted to the DEO upon adoption by COS city council. 26 MI 6. Site Data a. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Current Zoninq: b. Adiacent Properties Zoninq North: RS-10 East: PS West: RM-8 South: RS•10 3.96 Arco Institutional (INS) Public Service (PS) Existing Use Vacant Vacant Single Family Horne Single Family Home 7. Comprehensive Plan Consistencv Future Land Use LDR INST MDR LDR ro-1 a. Changed Conditions: The proposed change of land use to a low density residential is consistent with the current surrounding land uses. This designation will provide suitable uses for potentlaffuture developments. b. Land Use Comaatibility: The Low -Density Residential land use is established to implement policies and performance standards uses which are compatible with the City of Sebastian current and future land use along this corridor. ra9 Pollcv 9-12.2., Low Density Residential Development Areas designated as Low Density shall accommodate a maximum density of up to five (5) dwelling units per acre and shall be comprised r-mi primarily of single family detached homes on individual lots and aftached residential homes. C. Conformance with Ordinances: The proposal is in conformance with F=+ applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed land use and rezoning must be provided with any proposed development. The property is within the current service boundary for `' water and public safety. e. Natural Environment: An environmental assessment of the subject property will be required as part of development application. All natural resource protection measures, Including tree protection, wetlands, and listed species, will be required as part of the permitting M, and development process. 27 f. Economic Effect: The property is currently undeveloped and there are no current active uses. The proposed Future Land Use Amendment to Low Density Residential will allow for single family homes to be built which in turn will bolster the local economy. g. Ordedv Development: The proposed land use change is consistent �+ with the Land Development Code and provides an orderly development pattern. IN. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. a 8. Conclusion: The requested land use change from Institutional to Low Density Residential is consistent with the Future Land Use Map and staff supports a recommendation of approval to the City Council from the Land Planning Agency. Alix Bernard 1/16/2025 PREPARED BY DATE 0 28 W Sebastian Highlands Unit 17 (All of Tract N) Future Land Use & Rezoning Statement .. Property Description: The proposed application includes a Future Land Use Amendment and Rezoning for 3.96 acres located within Sebastian Highlands. The site is located adjacent to Day Drive, between Alexis Street and Maltz Avenue. The area included in the referenced application currently consists of one (1) individually platted lot, as created by the Sebastian Highlands Unit 17 plat. The site is currently vacant land, consisting mostly of brush and woods. Based on a previous environmental assessment, no wetlands were found on - site. However, the assessment did determine the presence of several active gopher tortoise burrows. Prior to development, all Florida Wildlife Commission (FWC) requirements for mitigation will be followed. Legal description: .w All of Tract N Comprehensive Plan Land Use Map Designation: • Current land use map designation: Institutional (0.6 FAR) • Proposed land use map designation: Low Density Residential (5 dulac) Single-family residential areas with minimum lot sizes of 10,000 square feet provide spacious living environments tailored to those seeking a balance between privacy and community. These neighborhoods feature strictly single-family homes, offering ample outdoor space for recreational activities, gardening, and family gatherings. This setting is particularly appealing to families who desire a suburban atmosphere with room to grow. The focus on single-family homes in these areas helps maintain a low -density, quiet environment, fostering a stable community where residents often form long-term connections. This type of development attracts homeowners looking for a peaceful, private lifestyle, contributing to a cohesive community fabric. The generous lot sizes support diverse landscaping and outdoor amenities, enhancing _ the neighborhood's aesthetic appeal and livability. By catering primarily to families and those seeking more personal space, single-family residential areas with larger lots promote a stable and tight -knit community. This environment fosters a sense of ownership �. and pride among residents, supporting a robust, resilient community dynamic that encourages long-term investment in the local area Current and Proposed Zoning: • Current zoning classification (PS: Public Service). • Proposed zoning classification (RS-10: Residential Single Family). In accordance with the City of Sebastian's Comprehensive Plan Table 54-2-4.2, the proposed zoning (RS- 10) is a compatible zoning district with the proposed future land use designation Low Density Residential. Disclosure of Ownership: All parcels included in the future land use and rezoning application are under common ownership by St. Lucie Development Corporation. St. Lucie Development Corporation .. Managing Member — Kevin S. Hawkins K �; VP S — Tonya C. Hawkins I= �� 2948 Major Ridge Trail ., Duluth, GA 30097 29 MR Sec. 54-1-2.9. Procedures for amending comprehensive plan. (c) Planning and zoning commission review. ***** In deliberating, the commission shall consider the following: (1) Consistency with other elements of plan. Whether the proposal is consistent with the other elements of the comprehensive plan. The commission shall Identify any Inconsistencies. The proposed rezoning aligns with the City of Sebastian's Comprehensive Plan, speclf fcwlly the goals for low -density residential areas. By changing the future Land Use designation from Institutional to Low Density Residential, the proposal supports the city's emphasis on providing spacious, family -oriented residential communities. The single-family homes planned for the site are consistent with the cWs vision for neighborhoods that foster stability, privacy, and a suburban atmosphere. r (2) Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances, particularly the land rt development code, and/or whether the proposed amendment will require amendments to any ordinances of the city. The rezoning request from Pub/k Service (PS) to Residential Single Family (RS- 10) compiles with applicable sections of the City of Sebastian Code of Ordinances and the Land Development Code. No amendments to existing ordinances are anticipated, as RS-10 zoning Is r compatible with the requested low Density Residential land use, per Table 54-2-4.2 of the Comprehensive Plan. (3) Changed condition. Whether, and the extent to which, land use and development conditions have r changed since the effective date of the existing regulations Involved which are relevant to the proposed amendment. Since the original zoning designation, development patterns In Sebastian Highlands have evolved to emphasize residential growth, and nearby areas have Increasingly POP tronsidoned to residential use. This trend supports the rezoning request by meeting local demand for suburban -style, single-family homes that balance open space with community living. (4) 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. The proposed RS-10 zoning Is compatible with surrounding land uses, which are primadly residential. The rezoning will ensure that the property harmonizes with neighboring single-family homes, thereby avoiding potential land use conflicts. The proposal enhances the community character by maintaining low -density development In line with the area's established residential atmosphere. (5) Adequate public facilities. Whether, and the extent to which, the proposal would result in public facilities and services exceeding the capacity for such services and facilities existing or programmed, Including transportation, utilities, drainage, recreation, education, emergency services and similar necessary facilities and services. The proposed residential use will not exceed the existing or planned capacity of public facllltles and services. The single-family homes envlsloned for this development existing align with restructure and utility g g In f provisions. Additlonolly, the area is well -served byroads, emergency services, udlitles, and other fiacilldes needed to support low -density residential neighborhoods. (6) Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. An environmental assessment found no wetlands on - site, and Impacts to the natural environment are expected to be minimal. The presence of gopher r+ tortoise burrows has been noted, and all necessary Florida Wildlife Commission (FWQ mitigation requirements will be observed to protect this species. With these considerations, the project Is structured to avoid adverse Impacts on the natural environment. (SuPp• No. 22) Page 1 of 2 Created: 2024-07-02 11:18:43 [EST) 30 IM era r-A-1 (7) Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, the general health, safety and welfare and impact the financial resources of the city. F" The proposed rezoning Is expected to have a positive economic effect, with new single family homes potentially increasing property values In the area. The development will contribute to the general welfare of the community by providing housing opportunities that attract residents Interested In F=9 long-term Investment. Furthermore. the project will likely generate tax revenue, benefiting the cfWs financlol resources without straining existing services. (8) Orderly development. Whether the proposal would result in an orderly and local development pattern. �► Any negative effects on such patterns shall be identified. The proposal supports an orderly development pattern by promoting consistent, low -density residential growth In line with nearby properties. This zoning change encourages a seamless expansion of the residential landscape In Sebastian Highlands, supporting a well -organized and balanced development strategy for the community. (9) 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 intent of this chapter and its enabling legislation. The proposed rezoning is in harmony with the public Interest, supporting the cWs Intent to foster stable, residential neighborhoods that enhance quality of line. The development aligns with the chy's vision for growth and complies with the enabling legislation by contributing to a cohesive community �+ environment: R�—al r09 ral F" F" rl, (Supp. No. 22) Page 2 of 2 Created: 2024-07-82 12:28:43 [EST] 31