HomeMy WebLinkAbout2025 03 12 - Ordinance No. O-25-02 Rezoning1'
CITY OF SEBASTIAN
CITY COUNCIL STAFF REPORT
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DATE March 12, 2025
1 I TO Honorable Mayor and City Council
THRU Brian Benton, City Manager
FROM Alix Bernard, Community Development Director
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SEBASTIAN
Consideration of Ordinance No. 0-25-02 Proposed
Q N T E N N I A I (11 B R AT I O N SUBJECT Rezoning of 3.96 acres off of Day Drive from PS (Public
1914.1014 Service) to RS-10 (Single Family 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 zoning classification from PS (Public Service) to RS-10 (Single Family Residential). 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 rezoning from Public Service to Single Family Residential which is in
alignment with the surrounding neighborhood. Current land use for this parcel is Low Density Residential ^
(5 du/ac) as just approved in the previous agenda item. The current zoning is Public Service. The
properties zoning amendment proposal is for Single Family Residential District (RS-10) which is
compatible with the existing future land use as identified in the City of Sebastian's 2040 comprehensive ^
plan.
RECOMMENDATION ..
Staff recommends adoption of Ordinance No. 0-25-02 on Second and Final Reading.
ATTACHMENTS: ..
1. Ordinance No. 0-25-02
2. Business Impact Estimate
3. Rezoning Analysis
FUNDING SOURCE:
Expenditure required I Amount Budgeted: Funding source
N/A I N/A N/A
Additional Funds Needed: N/A
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ORDINANCE NO.O-25-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
DESIGNATING A ZONING CLASSIFICATION OF RS-10 (RESIDENTIAL
SINGLE-FAMILY) TO LAND WITH A CURRENT ZONING
DESIGNATION OF PS (PUBLIC SERVICE) FOR PROPERTY
CONSISTING OF 3.96 ACRES, MORE OR LESS, LOCATED NORTH OF
F=9 DAY DR, SOUTH OF SPRING VALLEY AVE, WEST OF ALEXIS ST AND
SCHUMANN WATERWAY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENEWS ERRORS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current owner of the subject property (consisting of 3.96 ac., more or
`�' less, located North of Day Drive, South of Spring Valley Avenue, West of Alexis Street and the
Schumann Waterway, within the City of Sebastian) is St. Lucie Development Corp.; and
F19 WHEREAS, the Owner has filed a petition for an amendment to the Zoning Ordinance;
and
WHEREAS, the current zoning classification on the property is PS (Public Service) and
the requested change by Owner is to rezone to RS-10 (Residential Single -Family); and
�► WHEREAS, the Sebastian City Council has provided notice of the proposed zoning
change and conducted a public hearing to receive citizen input; and
P., WHEREAS, the Sebastian City Council has considered the criteria identified in the Land
Development Code together with the recommended findings and recommendations of its Staff and
the City's Planning and Zoning Commission; and
WHEREAS, the Sebastian City Council has made the following findings:
A. The proposed rezoning is compatible with the adjacent area.
B. The proposed rezoning is consistent with the goals, objectives, and other elements of
the Comprehensive Plan.
C. The proposed rezoning is in conformity with the substantive requirements of the City
of Sebastian Code of Ordinances, particularly the Land Development Code.
D. Adequate public facilities and services exist in the City to serve the proposed rezoning
Pal and will not exceed the capacity for such services and facilities.
E. The proposed change in zoning will not result in any adverse impacts on the natural
environment.
F. The proposed change in zoning will not adversely affect the property values in the area,
or the general health, safety, and welfare of the City or have an adverse impact on the
n financial resources of the City.
G. The proposed change in zoning will result in an orderly and local development pattern.
P,
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H. The proposed change in zoning is not in conflict with the public interest of the citizens
of the City of Sebastian.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. PROPERTY. The change in zoning classification created by the adoption
of this Ordinance shall affect the following described real property, now lying and being within
the incorporated area of the City of Sebastian, Indian River County, Florida:
See Attachment "A" Warranty Deed
SECTION 2. REZONING. The real property described in Attachment "A" is hereby
given a City zoning designation of RS-10 (Residential Single Family).
SECTION 3. ZONING MAP. The official City Zoning Map shall be amended to
include the real property described in Attachment "A" and reflect its designated zoning district as
RS-10 (Residential Single Family) in accordance with the requirements of Florida law.
See Attachment "B "Zoning Map
SECTION 4. CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
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. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect after its second
reading.
SECTION 8. ADOPTION SCHEDULE. That this Ordinance was passed on the first
reading at a regular meeting of the City Council on the day of , 2025 and adopted
on second/final reading at a regular meeting of the City Council on the day of ,
2025.
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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
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 day of
12025.
CITY OF SEBASTIAN, FLORIDA
By:
BOB McPARTLAN, MAYOR
ATTEST:
JEANETTE WILLIAMS, MMC
CITY CLERK
Approved as to form and legality for
reliance by the City of Sebastian only:
JENNIFER COCKCROFT, ESQ., BCS
CITY ATTORNEY
CF-�
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Business Impact Estimate Exemption
Proposed ordinance's title/reference:
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING
CLASSIFICATION OF RS-10 (RESIDENTIAL SINGLE-FAMILY) TO LAND WITH A
CURRENT ZONING DESIGNATION OF PS (PUBLIC SERVICE) FOR PROPERTY
CONSISTING OF 3.96 ACRES, MORE OR LESS; LOCATED NORTH OF DAY DR, SOUTH OF
SPRING VALLEY AVE, WEST OF ALEXIS ST AND SCHUMANN WATERWAY. PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
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:
❑ 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
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® The proposed ordinance is enacted to implement the following:
® 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. 7
*See Section 166.041(4)(c), Florida Statutes.
HOME OF PELICAN ISLAND
Community Development Department
Rezoning Amendment
Planning and Zoning Commission
January 16, 2025
P&Z Quasi -Judicial Hearinq — Recommendation to City Council
Land Development Code Rezoning Amendment for a specific site
St. Lucie Development Corp. — Tract N Sebastian Highlands Unit 17
1. Project Name: Tract N Sebastian Highlands Unit 17
2. Project Applicant: J. Wesley Mills, P.E.
Mills, Short and Assoc. (Authorized Agent)
700 22nd Place, Suite 2C
Vero Beach, FL 32960
3. Requested Action: Request is for a change from PS (Public Service) to RS-10 (Single
Family Residential)
3. Project Location: Section 19, Township 31 South, Range 39 East
Subject Parcel is 3.96 Acres, More or Less
Parcel # 3139190000100400001.0
Legal: See Attached
4. 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 rezoning from public service to single family
residential which is in alignment with the surrounding neighborhood. Current land use for this
parcel is Low Density Residential (5 du/ac) as just approved in the previous agenda item. The
current zoning is Public Service. The properties zoning amendment proposal is for Single Family
Residential District (RS-10) which is compatible with the existing future land use as identified in
the City of Sebastian's 2040 comprehensive plan.
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5. Site Data
a. Site Characteristics
(1) Total Acreaae:
(2) Current Land Use(s):
(3) Current Zoninq:
b. Adiacent Properties
3.96 acres
Low Density Residential
PS (Public Service)
Zoninq
Existing Use
Future Land Use
North:
RS-10
Vacant
Low -Density Res
East:
PS
Vacant
Institutional
West:
RM-8
Residential
Med-Density Res
South:
RS-10
Residential
Low -Density Res
6. Comarehensive Plan Consistencv
a. Changed Conditions: The proposed change of zoning to a single-family use of RS-10, is
consistent with the current zoning along the corridor. Existing residential development is
adjacent to the property on the south and west. New single family residential is proposed
to the north. To the east is a city stormwater pond. This designation will provide suitable
uses for potential future developments.
b. Land Use Comoatibility: The RS-10 (Single Family Residential Sec 54-2-5.2.3) zoning is
intended to permit low -density residential development on lots of 10,000 square feet. The
Future Land Use element Policy 1-1.2.2: states the purpose of the Low Density Residential
Land use designation is to accommodate a maximum density of up to five (5) dwelling units
per acre and shall be comprised primarily of single family detached homes on individual
lots and attached residential homes. The requested rezoning to RS-10 (single Family
Residential) is compatible with the land uses and zoning In this corridor.
c. Conformance with Ordinances: The proposal is In conformance with 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: The property has provided assurance of the availability of
sufficient public access and public facilities. The property is within the current service
boundary for water and public safety. Level of Service standards will be assessed when the
site plan Is submitted. In addition the availability to connect to sewer will also be assessed
at the time that development plans are submitted.
e. Natural Environment: An environmental assessment of the subject property will be required
as part of site plan development application. All natural resource protection measures,
including tree protection, wetlands, and listed species, will be required as part of the
permitting and development process.
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PER
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f. Economic Effect: The property is currently undeveloped and there is no current active
existing uses. The proposed rezoning to Single Family Residential district (RS-10) will allow
for single family homes to be built which in turn bolster the local economy.
g. Orderiv Development: The proposed rezoning is consistent with the Land Development
Code and Code of Ordinances.
h. Public Interest: The proposed rezoning does not appear to be in conflict with the public
P-1 interest and is in harmony with the purpose and intent of the City of Sebastian
Comprehensive Plan 2040 and Land Development Code.
VUR 7. Conclusion:
The requested rezoning from Public Service to RS-10 Single Family Residential is
consistent with the Zoning Map and staff supports a recommendation of approval to the
�' City Council from the PZ Commission.
AIN Bernard 1/16/2025
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OR
Sebastian Highlands Unit 17
(All of Tract N)
Future Land Use 8a 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:
All of Tract N ^
Comprehensive Plan Land Use Map Designation:
• Current land use map designation: Institutional (0.6 FAR) ON
• 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. r•
St. Lucie Development Corporation
Managing Member —Kevin S. Hawkins E E IV E
VP S — Tonya C. Hawkins
2948 Major Ridge Trail c
Duluth, GA 30097
BY: _
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