HomeMy WebLinkAbout12172003 SPECIAL MEETINGHOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
SPECIAL MEETING
WEDNESDAY, DECEMBER 17, 2003 - 6:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA ¥ BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by
the City Council - limit often minutes per speaker (R-03-14)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14)
5. OVERVIEW BY CITY MANAGER
6. OVERVIEW BY CITY ATTORNEY
7. PUBLIC HEARINGS
03.063 a.
1-22
First Reading and Public Hearing for Transmittal to DCA - Ordinance No. O-03-20
Land Use Amendment - 56+/- Acre Tract of Land Situated Along Powerline Road
North of Sebastian Elementary School and South of Main Street, Adjacent to
Sebastian Highlands Unit 1 (GMD Transmittal 12/4/03, 0-03-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND
USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY
RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE
DESIGNATION AS LOW-DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND
CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE
DATE.
03.063
23-58
First Reading and Public Hearing - Ordinance No. O-03-21 Conceptual Development
Plan and Rezoning Request from Agricultural (A-l) to PUD-R - 56+/-Acre Tract of
Land Situated Along Powerline Road North of Sebastian Elementary School and
South of Main Street Adjacent to Sebastian Highlands Unit 1 (GMD Transmittal
12/4/03, O-03-21)
THIS HEARING IS QUASI-JUDICIAL
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL
ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R)
IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND
WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE .(A-l) FOR LAND
CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
EFFECTIVE DATE.
03.239
59-76
Co
First Reading and Public Hearing for Transmittal to DCA - Ordinance No. O-03-16
Land Use Amendment for a Proposed 115-Acre Private Subdivision Situated Along
Powerline Road South of Barber Street and North of CR510 Adjacent to Sebastian
Highlands Unit 11, and Known as Cross Creek Subdivision (GMD Transmittal
12/4/03, O-03-16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT
TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO
DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL
(LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS
RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 115 ACRES, MORE OR
LESS, KNOWN AS CROSS CREEK SUBDIVISION; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
03.240
77-94
Do
First Reading and Public Hearing for Transmittal to DCA - Ordinance No. O-03-18
Land Use Amendment for a Proposed 38.27 Acre Private Subdivision Situated Along
CR510 Immediately South of Sebastian River Landings Phase II and Immediately
East of Sebastian River High School (GMD Transmittal 12/4/03, O-03-18)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND
USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY
RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE
DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 38
ACRES, MORE OR LESS, BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE
DATE.
03.241
95-114
First Reading and Public Hearing for Transmittal to DCA - Ordinance No. O-03-22
Land Use Amendment for a Proposed 134.381 Acre Tract of Land Situated
Immediately North of the Sebastian Municipal Airport Along CR505 (Roseland Road)
(GMD Transmittal 12/4/03, 0-03-22)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND
USE MAP FROM INDUSTRIAL (IN) TO LOW DENSITY RESIDENTIAL (LDR) FOR LAND
CONSISTING OF 134 ACRES, MORE OR LESS, ALSO KNOWN ROSELAND SATELLITE
FIELD TRACT NO. 3; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
EFFECTIVE DATE.
03.242
115-134
First Reading and Public Hearing for Transmittal to DCA - Ordinance No. O-03-24
Land Use Amendment for a 60+/- Acre Tract of Land Lying Northwest of the
Intersection of CR510 and CR512, and Hereafter Referred to as Sebastian
Crossings Subdivision (GMD Transmittal 12/4/03, 0-03-24)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND
USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY
RESIDENTIAL (LDR) AND GENERAL COMMERCIAL (CG) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 3 UNITS
PER ACRE (L-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, KNOWN AS
SEBASTIAN CROSSINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
EFFECTIVE DATE.
03.243
135-154
First Reading and Public Hearing of Ordinance No. O-03-26 Land Use Amendment
for a 152.21 Acre Tract of Land Along CR510 Approximately % Miles East of
82nd Avenue, and Hereinafter Referred to as River Oaks Preserve (GMD Transmittal
12/4/03, 0-03-26)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT
TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO
DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL
(LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS
RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 152 ACRES, MORE OR
LESS, KNOWN AS RIVER OAKS PRESERVE; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
8. CITY ATTORNEY MA'i-I'ERS
A. Request for Authorization to File Litigation
9. ADJOURN
JY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
-'ETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
',OCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S. 286.0105 )
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
IOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
3
City of Sebastian, Florida
Subject: First reading of Ordinance No. O-03-
20; land use amendment for a proposed 56+/-
acre tract of land situated along Powerline Road
north of Sebastian Elementary School and south
of Main Street adjacent to Sebastian Highlands
Unit 1.
Agenda No. ~_~.
Department Origin: Growth Management
Tracy E. Hass ~
Date Submitted: December 4, 2003
For Agenda of: December 17, 2003
Exhibits: Ordinance No. 0-03-20, Conceptual Plan, Location Map, and P&Z recommendation, Application.
EXPENDITURE AMOUNT BUDGETED: [ APPROPRIATION
REQUIRED: None None [ REQUIRED: None
SUMMARY
The Coy A. Clark Company is requesting a large-scale land use map amendment for a 56+/- acre tract of land
situated along Powefline Road north of Sebastian Elementary School and south of Main Street adjacent to
Sebastian Highlands Unit 1. The current land use designation for this parcel of land is L-2 (Residential
6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy ^. Clark Company
is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding
zoning of PUD-R (Planned Unit Development - Residential). The property is currently undeveloped,
undisturbed land proposed for development of 195 single-family residential homes, for a density of 3.47
units/acre, well below the 5 units/acre permitted under the LDR designation or the 6 units/acre currently
permitted within the existing L-2 (County) designation. The proposed project also includes improving
Powerline Road from the subdivisions western access point north approximately 570'+/- to the north property
boundary. Pelican Isles lies immediately north, and said project will include improvements to Powerline from
Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via
the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the
southeast comer of Ashbury.
Although details of the subdivision have been provided herein, this application entails only review for
consistency with the land use element of the comprehensive development plan. Further details regarding
specific site development plans will be provided during the rezoning/conceptual development plan review
to follow upon completion of the Department of Community Affairs review of this application. However,
please feel free to contact Growth Management staff should you have any question with regards to this
application, or should you desire to review the conceptual development plan.
RECOMMENDED ACTION
Conduct first public hearing.
Staff recommends the City Council move to pass this ordinance on first reading and transmit said
Ordinance to the Department of Community Affairs. Upon receipt of comments from DCA, a second
hearing will be conducted.
"Move to pass Ordinance No 0-03-20 on first reading for transmittal to the Department of Community
Affairs."
2
ORDINANCE NO. O-03-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW
DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 6
UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 56 ACRES, MORE OR
LESS, ADJACENT TO SEBASTIAN ELEMENTARY SCHOOL KNOWN AS
ASHBURY SUBDIVISION; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of the Coy A. Clark
Company for an amendment to designate an initial land use for certain property considered for
annexation from its existing County Future Land Use Map designation of L-2 (Low-Density
Residential, 6 units per acre) to a City designation of LDR (Low Density Residential); and
WHEREAS, the City Council has considered the criteria identified in the Land
Development Code and Florida Statutes together with the findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, thc City Council has considered the applicable provisions of the existing
Comprehensive. Land Use Plan; and
WHEREAS, thc City Council has determined that thc proposed changes in the City
Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals 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. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real
property, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
The Southwest ¼ of the Southwest ¼, and the South 534.5 feet of the Northwest ¼ of
the Southwest ¼, LESS the North 250 feet of the West 200 feet, all in Section 6,
Township 31 South, Range 39 East, Indian River County, Florida;
Containing 56.25 acres more or less.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon fn'st reading this 17th day of
December, 2003, by Councilmember . The motion was seconded by
Councilmember and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
ATTEST:
Sally A. Maio, CMC
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
Vice-Mayor
Councilmember
Councilmember
Councilmember
The Mayor thereupon declared this
,200__.
Ordinance
duly passed and adopted this
CITY OF SEBASTIAN, FLORIDA
day of
ATTEST:
By:
Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney
L,OCATION
MAP
LOT
GOV. LOT
GOV, LOT 3
=
o
I'JOM[ OF ~ELIC, AN ISL,~ND
Growth Management Department
Comprehensive Plan Amendment Application
Staff Report
Project Name:
Ashbury Subdivision
Requested Action: Land Use amendment from L-2 (County 6 units/acre) to LD - 5
units/acre.
Project Location
a. Address: Powerline Road North of Sebastian Elementary School.
b. Legal: See survey
Indian River County Parcel Number: 31-39-06-00000-5000-00014.0
31-39-06-00000-5000-00015.0
Project Owner:
Snook Properties, LLC
696 Shady Grove Road
Coffee Springs, AL 36318-4644
Project Agent:
The Coy A. Clark Company
c/o Schulke, Bittle & Stoddard, LLC.
1140 7th Court, Suite F
Vero Beach, Florida 32960
(772) 770-9622 fax: (772) 770-9466
Project Engineer: Same as Agent
Project Surveyor:
Houston & Bryant Land Surveying
9436 U.S. Highway 1
Sebastian, Florida 32958
(772) 388-8603 fax: (772) 388-8604
Project Description
ao
Narrative of proposed action: The Coy A. Clark Company is requesting a
large-scale land use map amendment for a 56+/- acre tract of land situated along
Powerline Road north of Sebastian Elementary School and south of Main Street
adjacent to Sebastian Highlands Unit 1. The current land use designation for this
parcel of land is L-2 (Residential 6units/acre (County)), while the current zoning is
A-1 (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation
¸,
North:
East:
South:
West:
of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding
zoning of PUD-R (Planned Unit Development - Residential). The property is
currently undeveloped, undisturbed land proposed for development of 195 single-
family residential homes, for a density of 3.47 units/acre, well below the 5
units/acre permitted under the LD designation or the 6 units/acre currently
permitted within the existing L-2 (County) designation. The proposed project also
includes improving Powerline Road from the subdivisions western access point
north approximately 570'+~- to the north property boundary. Pelican Isles lies
immediately north, and said project will include improvements to Powerline from
Main Street south to the Ashbury Subdivision. In addition, the primary subdivision
access point will be via the proposed extension of South Wimbrow from Sebastian
Boulevard on a northwesterly direction to the southeast corner of Ashbury.
Current Zoning:
Adjacent Properties
Zoning
RM-8
RM-8
R-MH
PS
RS-10
Site Characteristics
A-1 (County - Agriculture)
Current Land Use
Future Land Use
Multi-family/Vacant MDR
Multi-family/Vacant MDR
Orange Heights MH
Sebastian Elementary INS
Residential/Vacant LD
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
a. Future Land Use: Consistent
56.25 acres (residential area)
Vacant
Immokalee, Myakka, Pomello
Palm, Oak
Zone X
Indian River County Utilities (Water Main)
Indian River County Utilities (Forcemain)
Main Street Park ¼ mile
Sebastian Police ¼ mile
IRC Fire- 1 mile
10.
11.
12.
13.
14.
15.
16.
17.
b. Traffic Circulation: Consistent
c: Public Facilities: Consistent
d. Housing: ConsiStent
e. Coastal Management: Consistent
f. Recreation and Open Space: Consistent
g. Conservation: Consistent
h, Intergovernmental Coordination: Consistent
Conformance with Code of Ordinances: Consistent
Changed Conditions: Undeveloped, undisturbed land, with proposed change to single-
family residential.
Land Use Compatibility: The adjacent property to the north and east is designated
for medium density residential, while the property to the west is designated Iow density
residential. Sebastian Elementary lies immediately south of the proposed project.
The propOsed land use modification will reduce the number of units permitted and
therefore create a positive impact on the immediate area. Additionally, the infrastructure
improvements included as an element of the proposed project will enhance the viability
and sustainability of the area.
Adequate Public Facilities: Provided - public utilities (water, wastewater) will be
incorporated within the development of the proposed PUD, and multiple stormwater lakes
will be included within the subdivision.
Natural Environment: The proposed PUD will contain the requisite open space as
required by land development regulations. In addition, Ashbury includes a total of 16.37
acres of wetlands/upland preserves.
Economic Effect: provided - The property is currently not within the corporate limits of
the City of Sebastian. Annexation will provide an additional 56 +/- acres of land area with
an additional 195 residential units, which in turn creates an expanded tax base for the City
of Sebastian.
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential/commercial property
and availability of sufficient public facilities and access.
Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
incorporate and/or annex enclave parcels within incorporated cities. As the property is an
3
enclave, and it is adjacent to the urban service area, it would be prudent of the City to
annex the property consistent with the goals and objectives outlined within the
comprehensive plan. The proposed use is consistent with land use objectives and will not
adversely impact the surrounding neighborhood based on design criteria outlined within
the subdivisions conceptual development plan. Therefore, staff opines that the proposed
annexation/land use change is not in conflict with public interest.
18.
Other Matters: The requested land use change and accompanying rezoning will
provide consistency with the future land use map of the comprehensive plan.
Annexation of the parcels will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of enclaves adjacent to the urban
service area.
The proposed land use change will create a slightly greater impact on water,
wastewater, drainage and solid waste facilities.
19.
Analysis: The Coy A. Clark Company is requesting a large-scale land use map
amendment for a 56+/- acre tract of land situated along Powerline Road north of
Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands
Unit 1. The current land use designation for this parcel of land is L-2 (Residential
6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A.
Clark Company is requesting annexation of said parcel with a land use of LDR (Low
Density 5 units/acre) and corresponding zoning of PUD-R (Planned Unit Development -
Residential). The property is currently undeveloped, undisturbed land proposed for
development of 195 single-family residential homes, for a density of 3.47 units/acre, well
below the 5 units/acre permitted under the LDR designation or the 6 units/acre currently
permitted within the existing L-2 (County) designation. The proposed project also includes
improving Powerline Road from the subdivisions western access point north approximately
570'+/- to the north property boundary. Pelican Isles lies immediately north, and said
project will include improvements to Powerline from Main Street south to the Ashbury
Subdivision. In addition, the primary subdivision access point will be via the proposed
extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the
southeast corner of Ashbury.
20.
Conclusion: The requested land use change from L-2 (County) to LDR is consistent
with the Comprehensive Plan, Land Development Code and Code of Ordinances.
21.
Recommendation: Staff recommends approval of the requested land use change
with the following condition:
The land use change shall be conditioned upon receipt of annexation approval by
DATE
4
PLANNING A~ID ZONING COMMISSION
MINUTES OF t~EGULAR MEETING OF SEPTEMBER 18, 2003
Chmn Smith opened.-the public hearing and swore in the applicant and staff. Mr. Joseph
Schulke, Schulke, Bible & Stoddard LLC, 1140 7t" Court, Vero Beach, Florida presented
the application. This will be a new branch of SunTrust Bank' on a parcel that, is part of
the Publix Indian River Subdivision Plat arid water, sewer, traffic and drainage was
accommodated for ir~ that plat. Mr. Hass added the site plan is for a 3,500 square;foot
banking facility All the site infrastructure improvements were included in
the site develo ,f the Publix. Access will be by existing curb cuts. S(
stacking has been
conditional use are (1')
identified, (2) No more
(3) Site plan shall provide
CR district, no drive-thru
(5) All side and rear y~rds
screened. Staff recommends a
for the dri've-thru facility. The five condition apply for
entrances and exits shall be provide, clearly
2 curb cuts shall be permitted on any Street frontage,
efficient circulation of vehicles on-., (4) In the CG and
shall be located within 100 a residential district,
g or adjacent to residential or uses shall be
of both the site plat conditional use.
Mr. Mahoney was concerned
retention was already sized and Mr.
SunTrust could request additional curb
allowed for the whole' Publix develo
of traffic. Allocco asked if'the water
lulke said it ~. Mr. Blessing wanted to know if
in the ure and Mr. Stringer said two.are.
are already in place.
No one from the pubi!c spoke. Chmn Smith )sed the hearing.
MOTION by Allocco/Blessing
"1 make a motion that we approve th~
Roll Call:
;unTrust
Mr. Faille yes
Chmn S~ yes
Mr. Se~ (a) yes
.. Mr. yes
for the conditional use permit."
Mr. Allocco yes
Mr. Mahoney yes
Ms. Monier yes
The vote was 7-0.
carried.
MOTION by
"1 make a motio~
at the Publix
we approve the site plan as presented for
aw SunTrust Bank
Roll Call:
Mr. Faille yes
Mr. Mahoney yes
Mr. Blessing yes
Ms. Monier yes
Mr. Allocco yes
Chmn Smith yes
Mr. Seeley yes
The vote was 7-0. Motion carried.
C. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL- LAND
USE MAP AMENDMENTIREZONING/PUD CONCEPTUAL PLAN
Ms. Monier stated for the record that she had done some research with county
commissioners, councilmen and doesn't believe that one branch of government should
ignore the other branch. She added that the city is growing and the public is concerned.
PLANNING A~ND ZONING COMMISSION
MINUTES OF-REGULAR MEETING OF SEPTEMBER 18, 2003
The developers have certain rights but we are taking into' consideration lot sizes, side
setbacks and density.' One reason the developers are looking to annex into the city is
for commercial growth, which is needed in our city. -
Chmn Smith added that the City of Sebastian has home rule, whictfl means the city
makes its own decisions. The school system is a county system and their jurisdiction.
The Growth Management Department is the arbitrator between the developer and the
Chmn Smith opened the public hearing. Mr. Joseph Schulke, who was previously sworn
in, presented the application as an annexation of a 56 acre piece of property with a land
use of L-2, six units per acre supporting single and multi-family zoning. The proposal is
for a planned development. Mr. Schulke passed out similar exhibits to the
commissioners that he gave to members of the public and introduced his clients, Mr.
Coy Clark and Mr. Jeff Blackstone. The proposal is for 214 homes with increased tot
width and setbacks. Thirty-two percent of the site will be for recreation, preservation and
open spaces. It will have curb roads and sidewalks within the gated community. The
surrounding area to the north .is FPL substation and soon to be built Pelican Isle
Apartments at 5.6 units per acre, to the east is Orange Heights a mobile home
community at 4.2 units' per acre, to the sout~ is existing general commercial property
and the Sebastian Elementary School, and to the west is Powerline Road. This project
will have 3.47 units per acre. It has private streets, drainage and recreation areas with
private maintenance of these. No added traffic through the Highlands, connect directly to
the main highway. They. hired both traffic consultant and environmental impact
consultant. There were no endangered species found on the property and appropriate
permits will be obtained for gopher tortoise relocation.
Mr. Hass added that the three big issues are density, lot sizes and setbacks. All these
issues were addressed through the redesign of the project. Currently the site within the
county is 6 units per acre, the proposal is for Iow density within Sebastian, which allows
5 units per acre, but the development proposal is presented at 3.47 units per acre.
Mr. Mahoney asked about the size of the rights-of-way and Mr. Hass said there are 40'
rights-of-way with sidewalks on both sides of the street as well as 10' easements along
the rights-of-way. Mr. Mahoney suggested that PUD's use a calculation of 75% of the
zone district requirement. There was discussion regarding open space, recreation areas
and wetlands. Mr. Keough was concerned about the 7' setbacks. Mr. Allocco
commended the layout and presentation but felt there were too many homes for the site.
Ms. Monier suggested the whole point is to negotiate. The general feeling is that the
density is too high and the applicant should consider decreasing the number of homes
by 20 and use 10' setbacks. Mr. Blessing had concerns with the 40' wide road and would
also like to see the density reduced. Mr. Seeley said he visited Collier Club and
Sebastian Lakes to view this type of community. Mr. Smith confirmed with Mr. Hass that
the developer has gone through negotiations with city staff and city council has final
decision. Mr. Stringer added the three units per acre issue is the council saying they are
not going to approve a higher density than the applicant would have had in the county.
The following people spoke:
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
Mr. William Schulke, Sebastian, Florida said he felt that there is only abut 6' of usable
area within the 10' setback. He also commented that witt~ the sidewalks there would be
more street parking than with swales.
Andrea Coy, 333 Pineapple Street, Sebastian, Florida would like to see a copy of the
environmental impact study, 20' buffer area not enough, and density is too high.
Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida liaison officer between the
Sebastian Property Owners Association and city hall and the SPOA is against any
change or decrease in the size of buildabte lots from 10,000 square feet.
Bill O'Neil, 321 Tangelo Street, Orange Heights, SebaStian, Florida wanted to know how
close the ends of the streets are and Mr. Hass said 20' setback and 20' buffer.
Andrew Falice, 1045 Foster Road, Sebastian, Florida concerned about the traffic from
Pelican Isle and this project.
Rob Clearbrook, 1041 Foster Road, Sebastian, Florida is against PuD development and
concerned about the wildlife.
George Gribbroek, 1049 Foster Road, Sebastian, Florida familiar with the site for more
than 30 years and concerned about the wildlife and trees.
Mary Ingui, 626 Layport Drive, Sebastian, Florida questioned if the residents of this
development could use city parks but city residents could not use their facilities, would
there be maintenance fees, and concerned abut the visual impact.
Mr. Schulke added they have hired GK Environmental to do an environmental
assessment of the property. He added they are preserving nine acres of upland and
wetland area.
Chmn Smith closed the hearing at 8.58 p.m. and asked Mr. Hass for a summary. He
stated the main objective in reviewing these projects is to determine consistency with the
Comprehensive Development Plan and Land Developmen( Code as well as satisfy the
objectives of the city council. Mr. Stringer advised the commission to vote on each item
independently.
MOTION by Monier/Blessing
"I make a motion [to recommend to city council] that we change the land use to Low
Density Residential [for Ashbury Subdivision]"
Roll Call:
Mr. Faille no Mr. Mahoney no
Mr. Seetey (a) no Mr. Blessing yes
Ms. Monier yes Mr., Allocco no
Chmn Smith yes
The vote was 4-3. Motion denied.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
Mr. Stringer then advised the commission to make a motion for another land use
category because if it is annexed it must have a city land use category. He ~etailed the
various land use categories.
MOTION by Monier/Blessing
"1 would like to reiterate my motion [to recommend to city council] the create a land use
for the Ashbury Subdivision to LDR"
There was discussion about land use and zoning categories. Mr. Stringer advised the
commission if the land were brought in without a land use category established it would
come in at the closest corresponding city land use category. In this case it would be
multi-family because the current county land use allows 6 units per acre and our multi-
family category would be the closest.
Roll Call:
Mr. Allocco no Mr. Faille yes
Chmn Smith yes Mr. Mahoney no
Mr. Seeley (a) yes Ms. Monier yes
Mr. Blessing yes
The vote was 5-2. Motion carried.
MOTION by Mahoney/Blessing
"1 make a motion that we [recommend to city council] rezone IA1 to PUD-R] with a
minimum of 7,500 square foot lots with 7 1/=, side setbacks and 60' lot frontage"
Roll Call:
Mr. Faille yes Mr. Allocco
Mr. Mahoney yes Chmn Smith
Mr. Blessing yes Mr. Seetey
Ms. Monier yes
yes
yes
yes
The vote was 7-0. Motion carried.
D. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL'- LAND
USE MAP AMENDMENT/RE. ZONING - CROSS CREEK SUBDIVISION
Mr. Warren Dill, 1565 U.S. #1, Sebastian, Florida represented the applicants, Mr. Hank
Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates,
Vero Beach, Florida. Mr. Dill described the property location, 115 acres, 150 single
family tots, 85' X 135', 13,000 sq. ft. The lots on the cul-de-sac are almost half acre. The
density is 1.3 units per acre, proposing private streets with 50' right-of way curb and
gutter, and sidewalks on both sides. Powerline Road will be paved to access this
property. County water and sewer is available, storm water will be kept on site and no
obligation on the city for maintenance of drainage. Land use is compatible with
surrounding area. Mr. Hass added that the property is currently being used as an active
sand mine, which will cease operation this year. tn the event that the Powedine Road
access is not able to occur the alternative access point will be Shakespeare.
Mr. Mahoney was concerned about who would be responsible for paving Powertine /, f/,,., ,~
Road and Mr. Hass said it is being negotiated. Mr. AIIocco asked if the large cement
5
Permit Application No.
City of Sebastian
.o.E~,.~,..~,~ Development Order Application
Applicant (If not owner, w,it[en authorization (notarized) from owner is required)
Name:
Address: '
1t~o "'l't~ Coumr, 5u~ ~, ~c~o .~..,4c~ ..
Phone Number: (../.} ?.. ) -7'/0 - c)6z,7... FAX Number: (?./2..) '7'7C~-
I
E-Mail:
Owner (If different from applicant)
Name:
Address:
Phone Number: (..?? ¢
E-Mail:
L L.C._
' FAX Number:
ITitle of permit Or action requested~.
C-0~p~c~c~s,~- 'P~A/O /Imr~c~:,mc,~-? ~ L~,v~ dsc 5
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11' COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. A3WACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
B. Site Information
Address:
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
31-3fl- o'~- o0oo0-5000 - o~W,O
Zoning Class~cation:
%~,,,~sc a :PUD-&
. ~'1 ~c ~
Existing Use:
Future Land Use: '~r~ o PcOC-:.~
Proposed Use:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
l~-c~c~ c,~,,-,,~,:~..c~o~.,,~.~ ~.~
DATE RECEIVED: 7 / 7/~ FEE PAID:
Permit Application No.
D. Project Personnel:
Agent:
Address ~ ' ~'~;~/'~ ~ ':'''' ; L(~ c-
F~ Number: (77L)WTO ~.~
Ph°ne Number: ( ~ 7 ~) ~10 ~ -
E-Mail:
Attorney: ,,~ -
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Engineer:
Name: ~
~c~UL~,-E. ., ~oF~I'L~ ~ ~'rm)b~g_~, LLC
Address
F~ Number: (
Phone Number: (~) ~0 ~ ~)~O ~g[~
E-Mail:
Surveyor:.:
i
Address
- F~ Numbe~
PhoneNumben(mq~) ~ ~0~
E-Mail:
E.E.
I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AMTHE OWNER
AM THE LEGAL REPRESENTATIVE.OF~....T~ OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'CrER OF THIS
APPLICATION,.._.__ .~ ~__AND THAT ALL '~I~FORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
//
Wt't~fi~ PF~.~J~-~WN TO ME OR PRODUCED
AS IDENTIFICATION, THIS 7..- DAY OF '~_~/' ,20 ~_._"~.
I
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./EXPIRATION
SEAL:
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(Includlng'i rezonlng), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, THE OWNER(S) / V///THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CiTY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSEL~-'~BEING SIGNED BY MEJUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROM~PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE ~ITY)D/F~ SEBASTIAN.
....
,.×.."SIGN"~TURE ~ DATE
/Sworn to/arid subscribed before me by
~e. rsonally.k, nown to me or produced
'""'a'~ide~tlon, [his '~- day of 'T~.?
Notary's Signature '(.~.~ ~,
Printed Name of Notary
Commission No./Expiration
Seal:
H~ME 01: I~ELICAN ISLAND
Permit Application No.
Supplemental Information
Comprehensive Plan Amendment (Land Use)
ATTACH ADDITIONAL PAGES IF NECESSARY.
Currentland use map designation:
Proposed land use map designation:
3. Size of project in acres: ~
Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City. ~¢¢¢¢~56b
Is the proposed amendment consistent with the other elements of the
comprehensive plan? If not, which one(s)?
6. Is the proposed amendment in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? If not, which
one(s)? F¢_.%.,
J
-. Permit Application No.
What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
o
Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not? '~t. 0¢Ot;,~t~ (.-ANb ~)S¢... ~u..) DOU$ ~T~./ I~c5
one(s) are not adequate?
Are there adequate public facilities to serve the proposed land use? If not, which
10. Would the proposed amendment result in a significant adverse impact on the
natural environment? If so, describe the impact.
Permit Application No.
11. Would the proposed amendment adversely affect the property values of the
12.
area, the general health, safety and welfare and impact the financial resources
ofthe city? Ifso, describe how.
Does the proposed amendment result in an o~erly development pa~ern? If
not, describe. ~) %~C
13. Attached the following:
"/ a. A vedfied statement showing each and every individual person having a
legal and/or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a nationally
recognized stock exchange, in which case the name and.address of the
corporation and principal executive officers will be sufficient.
/
L/b. Attach a list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
~//c. A survey and legal description of the property for which the land use
amendment is bein9 requested.
HO/~E O1: Pf. LICAN ISLAND
City of Sebastian, Florida
Subject: First reading and public hearing for
Ordinance O-03-21; conceptual development
plan and rezoning request from Agricultural (A-
1) to PUD-R for a proposed 56+/- acre tract of
land situated along Powerline Road north of
Sebastian Elementary School and south of Main
Street adjacent to Sebastian Highlands Unit 1.
Agenda No. O3. 0~03
Department Origin: Growth Management
Tracy E. Hass ~
Date Submitted: December 4, 2003
For Agenda of: December 17, 2003
Al~x~vg~for S.u,l~al by:
Exhibits: O-0~21, Conceptual Plan, Staff Report, P&Z recommendation, Application.
EXPENDITURE
REQUIRED:None
IAMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
The Coy A. Clark Company is requesting a large-scale land use map amendment for a 56+/- acre tract of land
situated along Powerline Road north of Sebastian Elementary School and south of Main Street adjacent to Sebastian
Highlands Unit 1. The current land use designation for this parcel of land is L-2 (Residential 6units/acre (County)),
while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation of
said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of PUD-R (Planned Unit
Development - Residential). The property is currently undeveloped, undisturbed land proposed for development of
195 single-family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the
LDR designation or the 6 units/acre currently permitted within the existing L-2 (County) designation. The proposed
project also includes improving Powerline Road from the subdivisions westem access point north approximately
570'+/- to the north property boundary. Pelican Isles lies immediately north, and said project will include
improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary
subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a
northwesterly direction to the southeast comer of Ashbury.
RECOMMENDED ACTION
Conduct first public hearing for Ordinance No. 0-03-21.
Staff recommends the City Council pass this ordinance on first reading. Upon receipt of comments from DCA
relative to the comprehensive plan amendment, this ordinance will be scheduled for a second reading and final
public hearing.
"Move to pass Ordinance No. O-03-21 on fh'st reading and schedule a second reading and f'mal public heating at
a later date when the final reading of Ordinance No. O-03-20 occurs."
ORDINANCE NO. O-03-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING
AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT
DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A
CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A
PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR
LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY
SUBDMSION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Coy A. Clark Company, has filed a petition for amendment to the
Zoning Ordinance; and
WHEREAS, the City Council has provided notice of the proposed zoning change and
conducted a public hearing to receive citizen input; and
WHEREAS, the City Council of the City of Sebastian, Florida, has considered the
criteria identified in the Land Development Code together with the recommended findings and
recommendations of its staff and Planning and Zoning Commission; and
WHEREAS, the City Council as made the following fmdings:
A. The proposed use is consistent with the goals, objectives and other elements of the
Comprehensive Land Use Plan.
B. The proposed use is in conformity with the substantive requirements of the City of
Sebastian Code of Ordinances, particularly the Land Development Code.
C. The proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
D. The proposed use is compatible with adjacent land uses.
E. Adequate public facilities and services exist in the City to serve the proposed use and the
demand for such use will not exceed the capacity for such services and facilities.
F. The proposed change in use will not result in any adverse impacts on the natural
environment.
G. The proposed use will not adversely affect the property values in the area, or the general
health, safety and welfare of the City or have an adverse impact on the financial
resources of the City.
H. The proposed use will result in an orderly and local development pattern.
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, as of the effective date to be
lying and being within the incorporated area of the City of Sebastian, Indian River County,
Florida:
The Southwest ¼ of the Southwest ¼, and the South 534.5 feet of the Northwest ¼ of
the Southwest ¼, LESS the North 250 feet of the West 200 feet, all in Section 6,
Township 31 South, Range 39 East, Indian River County, Florida;
Containing 56.25 acres more or less.
Section 2. PLANNED UNIT REZONING. The real property described above is
hereby given an initial City zoning designation of Planned Unit Development Residential (PUD-
R) in accordance with the attached Conceptual Development Plan.
Section 3. ZONING MAP. The official City Zoning Map shall be amended to
include the subject property and reflect this designated zoning district.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council 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 o£ this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 6. EFFECTIVE DATE. Following its adoption and authentication by the
signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become
effective concurrent with the effectiveness of Ordinance 0-03-20.
The foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
The Mayor thereupon declared this Ordinance duly passed and adopted this
., 200
by Councilmember
and,
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney
o
Growth Management Department
Rezoning Application - Staff Report
Project Name:
Ashbury Subdivision
Requested Action: Rezoning from A-1 to PUD-R
Project Location
a. Address: Powerline Road north of Sebastian Elementary.
b. Legal: See survey
Indian River County Parcel Number: 31-39-06-00000-5000-00014.0
31-39-06-00000-5000-00015.0
Project Owner:
Snook Properties, LLC
696 Shady Grove Road
Coffee Springs, AL 36318--4644
Project Agent:
The Coy A. Clark Company
c/o Schulke, Bittle & Stoddard, LLC.
1140 7th Court, Suite F
Vero Beach, Florida 32960
(772) 770-9622 fax: (772) 770-9466
Project Engineer: Same as Agent
Project Surveyor:
Houston & Bryant Land Surveying
9436 U.S. Highway 1
Sebastian, Florida 32958
(772) 388-8603 fax: (772) 388-8604
Project Description
Narrative of proposed action: The Coy A. Clark Company is requesting a
large-scale land use map amendment for a 56+/- acre tract of land situated along
Powerline Road north of Sebastian Elementary School and south of Main Street
adjacent to Sebastian Highlands Unit 1. The current land use designation for this
parcel of land is L-3 (Residential 6units/acre (County)), while the current zoning is
A-1 (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation
of said parcel with a land use of LD (Low Density 5 units/acre) and corresponding
zoning of PUD-R (Planned Unit Development - Residential). The property i~
currently undeveloped, undisturbed land proposed for development qf195 sing
family residential homes, for a density of 3.47 units/acre, well below the 5
units/acre permitted under the LD designation or the 6 units/acre currently
permitted within the existing L-3 (County) designation. The proposed project also
includes improving Powerline Road from the subdivisions western access point
north approximately 570'+/- to the north property boundary. Pelican Isles lies
immediately north, and said project will include improvements to Powerline from
Main Street south to the Ashbury Subdivision. In addition, the primary subdivision
access point will be via the proposed extension of South Wimbrow from Sebastian
Boulevard on a northwesterly direction to the southeast corner of Ashbury.
b. Current Zoning: A-1 (County - Agriculture)
c. Adjacent Properties
(~rrent Lnnd
North: RM-8
East: RM-8
R-MH
South: PS
West: RS- 10
Multi-family/Vacant MDR
Multi-family/Vacant MDR
Orange Heights MH
Sebastian Elementary INS
Residential/vacant LD
d. Site Characteristics
(1) Total Acreage:
56.25 acres (residential area)
(2) Current Land Use(s):
Vacant
(3) Soil:
lmmokalee, Myakka, Pomello
(4) Vegetation: Palm, Oak
(5) Flood Hazard: Zone X
(6) Water Service:
Indian River County Utilities (Water Main)
(7) Sanitary Sewer Service: Indian River County Utilities (Forcemain)
(8) Parks:
Main Street Park ¼ mile
(9) Police/Fire:
Sebastian Police ¼ mile
IRC Fire- 1 mile
Comprehensive Plan Consistency
a. Future Land Use: L-3 (County- 6 units/acre)
2
b. Level of Service
Traffic: The proposed will create an ADT of 1,970 Trips (195 units x 10.1
trips per day). Consequently, there will be an increased demand on the
existing roadway network. However, the proposed project includes
improving Powerline Road from the subdivisions western access point
north approximately 570'+/- to the north property boundary. Pelican Isles
lies immediately north, and said project will include improvements to
Powerline from Main Street south to the Ashbury Subdivision. In addition,
the primary subdivision access point will be via the proposed extension of
South Wimbrow from Sebastian Boulevard on a northwesterly direction to
the southeast corner of Ashbury.
(2)
Potable Water: Ashbury Subdivision will be connecting to Indian River
County Utilities water main, therefore eliminating the need for potable wells
within said development.
(3)
Wastewater: Ashbury will be connecting to Indian River County Utilities
sewer forcemain, therefore eliminating burdensome septic systems within
the developed area.
(4)
Stormwater: Project includes a privately operated and maintained
stormwater system, which by design will improve water filtration prior to
intrusion into the groundwater system, while also reducing maintenance
obligations for the City.
(5)
Recreation: Property owners within Ashbury will be subjected to the
citywide recreation impact fee program, therefore supplementing and
enhancing the development of future parks and recreational facilities within
the community.
In addition, Ashbury includes a total of 16.37 acres of wetlands/upland
preserves, along with internal recreational amenities.
(6)
Solid Waste: There will be an increased demand on solid waste with the
addition of 195 residential units.
10.
Conformance with Code of Ordinances: The proposed rezoning is consistent with
the Code of Ordinances.
11.
Changed Conditions: Undeveloped, undisturbed land, with proposed change to single-
family residential.
12.
Land Use Compatibility: The adjacent properties to the north, east and west are
designated Iow density residential, while the property immediately south is designated for
Iow density residential within the County.
There will be a negligible impact caused by the proposed land use change due to th~
similarity of the existing uses in the area. Additionally, the infrastructure improvemen
3
13.
14.
15.
16.
17.
18.
19,
slated as an element of the proposed project will enhance the viability and sustainability
of the area.
Adequate Public Facilities: Provided - public utilities (water, wastewater) will be
incorporated within the development of the proposed PUD, and multiple stormwater lakes
will be included within the subdivision.
Natural Environment: The proposed PUD will contain the requisite open space as
required by land development regulations. In addition, Ashbury includes a total of 16.37
acres of wetlands/upland preserves.
Economic Effect: provided - The property is currently not within the corporate limits of
the City of Sebastian. Annexation will provide an additional 56 +/- acres of land area with
an additional 195 residential units, which in turn creates an expanded tax base for the City
of Sebastian.
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential/commercial property
and availability of sufficient public facilities and access.
Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
incorporate and/or annex enclave parcels within incorporated cities. As the property is an
enclave, and it is adjacent to the urban service area, it would be prudent of the City to
annex the property consistent with the goals and objectives outlined within the
comprehensive plan. The proposed use is consistent with land use objectives and will not
adversely impact the surrounding neighborhood based on design criteria outlined within
the subdivisions conceptual development plan. Therefore, staff opines that the proposed
annexation/land use change is not in conflict with public interest.
Other Matters: The requested land use change and accompanying rezoning will
provide consistency with the future land use map of the comprehensive plan.
Annexation of the parcels will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of enclaves adjacent to the urban
service area.
The proposed land use change will create a slightly greater impact on water,
wastewater, drainage and solid waste facilities.
Analysis: The Coy A. Clark Company is requesting a large-scale land use map
amendment for a 56+/- acre tract of land situated along Powerline Road north of
Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands
Unit 1. The current land use designation for this parcel of land is L-3 (Residential
6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A.
Clark Company is requesting annexation of said parcel with a land use of LD (Low Density
5 units/acre) and corresponding zoning of PUD-R (Planned Unit Development-
Residential). The property is currently undeveloped, undisturbed land proposed for
development of 195 single-family residential homes, for a density of 3.47 units/acre, well
below the 5 units/acre permitted under the LD designation or the 6 units/acre currently
4
20.
21.
permitted within the existing L-3 (County) designation.' The proposed project also includes
improving Powerline Road from the subdivisions western access point north approximately
570'+/- to the north property boundary. Pelican Isles lies immediately north, and said
project will include improvements to Powerline from Main Street south to the Ashbury
Subdivision. In addition, the primary subdivision access point will be via the proposed
extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the
southeast corner of Ashbury.
Conclusion: The requested rezoning from A-1 (County) to PUD-R is consistent with
the Comprehensive Plan, Land Development Code and Code of Ordinances.
Recommendation: Staff recommends approval of the requested re-zoning subject to
the following:
1. The re-zoning shall be conditioned upon receipt of annexation approval by the City
Council.
HOME OF I'r~zCAN ~
Growth Management Department
Conceptual Development Plan
Planned Unit Development
Approval Application Staff Report
Project Name:
Ashbury Subdivision PUD.
Requested Action: Conceptual Development Plan Approval.
Project Location
a. Address: North of Sebastian Elementary and south of Main Street.
b. Legal: See Survey
Indian River County Parcel Number: 31-39-06-00000-5000-00014.0
31-39-06-00000-5000-00015.0
Project Owner:
Snook Properties, LLC
696 Shady Grove Road
Coffee Springs, AL 36318-4644
Project Agent:
The Coy A. Clark Company
c/o Schulke, Bittle & Stoddard, LLC.
1140 7th Court, Suite F
Vero Beach, Florida 32960
(772) 770-9622 fax: (772) 770-9466
Project Engineer: Same as Agent
Project Surveyor:
Houston & Bryant Land Surveying
9436 U.S. Highway 1
Sebastian, Florida 32958
(772) 388-8603 fax: (772) 388-8604
Project Description
Narrative of proposed action: The Coy A. Clark Company is requesting a large-scale
land use map amendment for a 56+/- acre tract of land situated along Powerline
Road north of Sebastian Elementary School and south of Main Street adjacent to
Sebastian Highlands Unit 1. The current land use designation for this parcel of
land is L-3 (Residential 6units/acre (County)), while the current zoning is A-1
bo
(Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation of
said parcel with a land use of LD (Low Density 5 units/acre) and corresponding
zoning of PUD-R (Planned Unit Development - Residential). The property is
currently undeveloped, undisturbed land proposed for development of 195 single-
family residential homes, for a density of 3.47 units/acre, well below the 5
units/acre permitted under the LD designation or the 6 units/acre currently
permitted within the existing L-3 (County) designation. The proposed project also
includes improving Powedine Road from the subdivisions western access point
north approximately 570'+/- to the north property boundary. Pelican Isles lies
immediately north, and said project will include improvements to Powerline from
Main Street south to the Ashbury Subdivision. In addition, the primary subdivision
access point will be via the proposed extension of South Wimbrow from Sebastian
Boulevard on a northwesterly direction to the southeast corner of Ashbury.
Current Zoning:
Adjacent Properties
Zoning
North: RM-8
East: RM-8
R-MH
South: PS
West: RS-10
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
A-1 (County Agricultural)
Current Land Use
Future Land Use
Multi-family/Vacant MDR
Multi-family/Vacant MDR
Orange Heights MH
Sebastian Elementary INS
Residential/Vacant LD
56.25 acres ('residential area)
Vacant
Immokalee, Myakka, Pomello
Palm, Oak
Zone X
Indian River County Utilities (Water Main)
Indian River County Utilities (Forcemain)
Main Street Park ¼ mile
Sebastian Police ¼ mite
IRC Fire- 1 mile
2
Conceptual Development Plan criteria
a=
do
Evidence of unified control of the proposed planned development and the
associated agreements required, yes
Ownership Requirements. provided
Compliance with comprehensive plan.
(1) Future Land Use: Consistent
(2) Traffic Circulation: Consistent
(3) Housing: Consistent
(4) Public Facilities: Consistent
(5) Coastal Management: Consistent
(6) Conservation: Consistent
(7) Recreation and Open Space: Consistent
Compliance with applicable ordinances, Consistent
Land use compatibility. The adjacent properties to the north, east and west
are designated Iow density residential, while the property immediately south is
designated for Iow density residential within the County.
There will be a negligible impact caused by the proposed land use change due to
the similarity of the existing uses in the area. Additionally, the infrastructure
improvements slated as an element of the proposed project will enhance the
viability and sustainability of the area.
Adequate public facilities. Provided- public utilities (water, wastewater)will be
incorporated within the development of the proposed PUD, and multiple
stormwater lakes will be included within the subdivision.
Natural environment. The proposed PUD will contain the requisite open space
as required by land development regulations. In addition, Ashbury includes a total
of 16.37 acres of wetlands/upland preserves.
Economic effects, provided - The property is currently not within the corporate
limits of the City of Sebastian. Annexation will provide an additional 56 +/- acres of
land area with an additional 195 residential units, which in turn creates an
expanded tax base for the City of Sebastian.
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
3
10.
development given the location of the site adjacent to residential/commercial
property and availability of sufficient public facilities and access:
Public interest. The City of Sebastian Comprehensive Plan outlines the necessity
to incorporate and/or annex enclave parcels within incorporated cities. As the
property is an enclave, and it is adjacent to the urban service area, it would be
prudent of the City to annex the property consistent with the goals and objectives
outlined within the comprehensive plan. The proposed use is consistent with land
use objectives and will not adversely impact the surrounding neighborhood based
on design criteria outlined within the subdivisions conceptual development plan.
Therefore, staff opines that the proposed annexation/land use change is not in
conflict with public interest.
Other matters. The requested land use change and accompanying rezoning will
provide consistency with the future land use map of the comprehensive plan.
Annexatioh of the parcels will demonstrate compliance with goals and objectives
as outlined in the comprehensive plan for annexation of enclaves adjacent to the
urban service area.
The proposed land use change will create a slightly greater impact on water,
wastewater, drainage and solid waste facilities.
Contents of Conceptual Development Plan:
a. Vicinity map: provided
b. Property boundaries:
provided
c. existing conditions:
provided
d. Development plan.
provided
(t) land use: provided
(2)
Circulation: The roadway design plan incorporated within the conceptual
development plan depicts two points of ingress/egress with one "primary"
access point to Sebastian Boulevard and a "secondary" access point to
the proposed Powerline Road. The internal circulation system consists of
a curvilinear street design with minimal points of intersection.
(3) Conceptual drainage plan: provided
(4) Densities: provided 3.47 units/acre
(5) Nonresidential square footage: none
e. Written material:
Planning objectives: provided - The intent of the project owner is~
4
(2)
(3)
(4)
create a Planned Unit Development ~onsisting of 195 single-family lots.
The designation of a property as a PUD is intended to promote creation of
a self-sustaining development comprise of residential and neighborhood
commercial uses. However, given the subject site is not immediately
accessible via a major thoroughfare, and is relatively small for a PUD, it is
not advisable that the proposed project includes commercial uses.
Therefore, Ashbury Subdivision is proposed as a single-family residential
PUD, and remains in keeping with stated objectives.
The proposed subdivision demonstrates compliance with proper planning
practices for incorporating a housing mix needed within the City.
Additionally, the proposed is consistent with future planning objectives for
the City concerning annexation of parcels of land immediately adjacent to
the urban service area.
Development schedule:
start construction January 2004
end construction June 2004
Environmental impact statement: The following excerpts are from an
Environmental Site Assessment prepared by G. K. Environmental for Coy
A. Clark dated May 2003.
Three isolated wetlands exist on site. The wetlands have been flagged and
verified by the St. Johns River Water Management District (SJRWMD).
The wetlands are isolated from waters of the state and should not require
an Army coprs of Engineers permit to impact. However, the wetlands area
II over .5 acres in size and a SJRWMD permit and mitigation will be
required if these wetlands are impacted. Additinally, the SJRWMD will
require an upland buffer (15-25 feet to be preserved surrounding the
wetland area or mitigated for secondary impacts as a result of loss of
buffer.
No Florida scrub jays were observed within the project boundaries during
the five-day survey of the subject development.
No other endangered and/or threatened species or significant and viable
associated habitat(s) were observed or appear to exist within the project
boundaries, except for the potential existence of the eastern indigo snake.
One "Species of Special Concern" exists on the subject site, which is the
gopher tortoise. Fifteen (15) gopher tortoise burrows were identified during
the site inspections. No inactive burrows were 'observed. A state
regulatory gopher tortoise "Incidental Take" permit will be required prior to
permitted land clearing activities.
Public facilities impact statement: Ashbury Subdivision PUD will
connect to both public water and sanitary sewer facilities with service
provided by Indian River County.
(a) Quantity of wastewater generated; Wastewater generated will
5
11.
12.
14.
be at 250 G.P.D. per unit (195i 50,875 G.P.D.
(b)
Description of proposed recreational facilities; Recreation
amenities include Children's playground, walking trails through
preservation areas, and passive open space amenities.
(c)
Quantity of potable water required; Potable water will be 250
G.P.D. per unit (195) 50,875 G.P.D.
(d)
Estimated number of school age children expected within the
development: Estimated 2 children per household = 390
children - this figure is based on historical averages.
(e)
Estimated property tax and/or sales tax revenue generated by
the project by phase; and
$2,500 per unit x 195 units = $487,500.00
(f)
Any other positive or negative public facility impact. In
addition, the statement shall also include all public facilities
impact information that may be submitted as part of the
Development of Regional Impact (DRI) review process, as
applicable. Ashbury Subdivision PUD will connect to both
public water and sanitary sewer facilities with service provided by
Indian River County.
Open space and landscaped areas: The proposed PUD will be required to contain 2
acres of park space or open recreation areas to satisfy the minimum standards as
established by the comprehensive plan. The preliminary development plan shall
demonstrate proper compliance with this regulation. As proposed, the project includes
sufficient open space/recreation area.
City Engineer's review: The City Engineering Department has not raised any objections
to the conceptual development plan. The Engineering Department will perform a more
detailed analysis and review during the construction phase.
Other Matters: The requested rezoning and accompanying land use change will
provide consistency with the future land use map of the comprehensive plan.
Annexation of the parcels will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of enclaves immediately adjacent to
the urban service area.
The proposed conceptual development plan will create a slightly greater impact on
water, wastewater, drainage and solid waste facilities.
Analysis: The Coy A. Clark Company is requesting a large-scale land use map
amendment for a 56+/- acre tract of land situated along Powerline Road north of
Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands
Unit 1. The current land use designation for this parcel of land is L-3 (Residential
15.
16.
6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A.
Clark Company is requesting annexation of said parcel with a land use of LD (Low Density
5 units/acre) and corresponding zoning of PUD-R (Planned Unit Development-
Residential). The property is currently undeveloped, undisturbed land proposed for
development of 195 single-family residential homes, for a density of 3.47 units/acre, well
below the 5 units/acre permitted under the LD designation or the 6 units/acre currently
permitted within the existing L-3 (County) designation. The proposed project also includes
improving Powerline Road from the subdivisions western access point north approximately
570'+/- to the north property boundary. Pelican Isles lies immediately north, and said
project will include improvements to Powerline from Main Street south to the Ashbury
Subdivision. In addition, the primary subdivision access point will be via the proposed
extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the
southeast corner of Ashbury.
Conclusion: The proposed PUD is consistent with the Comprehensive Plan, Land
Development Code and Code of Ordinances.
Recommendation: Staff recommends approval of the Ashbury Subdivision PUD
Conceptual Development Plan with the following condition:
The land use change shall be conditioned upon receipt of annexation approval by
the City Council.
P R~I~Ai~E I~BY
DATE~
7
ASHB UR Y SUBDIVISION AMENITIES
Recreation Amenities
· ± 2,000 SF Clubhouse w/Swimming Pool
· Children's Playground
· Walking Trails through Preservation Areas
· Passive Open Space (Benches, etc.)
Environmental Considerations
· Preservation of± 5 Acres of Wetland Habitat
20' Wide Upland Preservation Buffer Around Project
Perimeter
Upland Preservation Areas in NE and SW Corners of Project
A~tempting to "Cut-In" Roadways Within Project to Promote
Tree Preservation on Individual Lots and Prevent "Moon-
Scaping"
Preservation of Existing Vegetation in "Landscape/
Recreation" Areas
Use of Existing Vegetation in Entrance Area
Other Considerations
· Gated Community
· Privately Maintained Drainage and Roadway Systems
· Curb and Gutter Design with Central Stormwater Lakes
· 4' Wide Sidewalks on Both Sides of Street & 5' Wide Sidewalk
at Entrance
(FROM APPLICANT)
v. :o:~~
SEBASTIAN CARDE~IS
ASSESSED .30-30-$8
'F-I-1' T- 1"1-'1- I
LI
I
ESTATES
: I I"o~t' I" I I I I ~o1~'' I
i' I' I"o1~° I" I' i
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FT T'-[ T-I--I
l.J_J._L J__.LJ
;'-rn"n"n:n--, ,r-~,-!q,
_ Vol'e~cl4 Stree~ 50' Rw
I----.- ' l .......... "'"'~'
Foster Ro~:i
I R~CIE. ATION ,,
Tangelo Street 50' Rw
Colamondln Street
,,N
Parcel: # 2
JOSEPH W. SCHULKE, P.E.
JOD~H B. BIT[LE, RE.
WILLIAM p. STODDARD, Ph.D., RE.
August 21, 2003
SCHULKE, BITTLE STODDARD,
CIVIL & STRUCTURAL ENGINEERING , LAND PLANNING · ENVIRONMENTA,
Tracy Haas
City of Sebastian
1201 Main Street
Sebastian, FL 32958
Conceptual Planned Unit Development ~
Application ~;~
D~ ~. H~s, ~%'
Enclosed, pl~se fred t~ (10) sets ofrevis~ tone,real plans for ~e above referene~
proj~t. We have ~de sev~al revisiom ~ aceor~nce ~ our discussions at m~ wi~
s~ffon Au~st 1, 2003 (Traey Haas), Au~st 7, 2003 (Tracy Haas and Te~ee Moore),
Au~st 12, 2003 (Traey H~s). ~e revisions made were as follows:
-D~r~se densiW ~om 214 ~its to 195 units. ~s was bas~ on a comp~ison of~e
d~si~ of~e ~ical Sebastian Hi,lan& lay-out. Appro~ately 195+ units
acre ar~, S~ar to our proj~ts s~e ~d boun&~ l~its. - e~st wi~ a 55-
-Incr~se lot wi~hs to ~ av~age of 55 g ~ lieu of 50 ~ previously proposed.
-~cr~se side setbae~ to 7 ~. T~s ensures ~ch home has a m~um of
separation ~om the nero ~clusive of~ical r~f or,hangs.
-~cr~se open space on an ~dividual lot basis, ~om 20% to 30%.
-~cr~se open space on a proj~t basis, ~om 53% to 60%.
-D~r~se m~um bulldog heist from 35 ~ to 25 ~.
We have ma~ta~ed approx~ately the s~e amount of reer~tion areas ~d upland
prese~ation, ~d have ~cr~s~ the wetland prese~ation ar~s.
We be~eve ~e above outl~ ch~ges are consistent wi~ our discussions, and
eonsist~t ~ ~e id~ ~d obj~tives of~e ei~ council, its eompreh~sive l~d use pl~, ~d
l~d development c~e.
We hope to be seh~ul~ for a S~t~b~ p & Z eO~ission h~r~g. Pl~se let us ~ow
of the ~te.
Ir'you have any questions, please do not hesitate to call.
.1.140 7· COURT, SUITE F VERO BEACH, FLORIDA 32960
TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIL sbseng@gate.net
PLANNING A~D'ZONING COMlVllSSION
MINUTES OF t~EGULAR MEETING OF SEPTEMBER 18, 2003
Chmn Smith opened-the public hearing and swore in the applicant and staff. Mr. Joseph
Schulke, Schulke, Bittle & Stoddard LLC, 1140 7tn Could:,' Vero Beach, Florida presented
the application. This'Will I~e a new branch of SunTrust Bank' on a parcel that, is part of
the Publix Indian Rfver Subdivision Plat and water, sewer, traffic and drainage was
accommodated for ir~ that plat. Mr. Hass added the site plan is for a 3,500 square-foot
banking facility rive-thru. All the site infrastructure improvements were included in
the site develo the Publix. Access will be by existing curb cuts.
stacking has been
conditional use are (1')
identified, (2) No more
(3) Site plan shall provide
CR district, no drive-thru
(5) All side and rear y~ards
screened. Staff recommends a,
for the dri've-thru facility. The five condition.' apply for
arate entrances and exits.shall'be provide clearly
2 curb cuts shall be permitted on any s street frontage,
efficient circulation of vehicles on-si (4) In the CG and
shall be located within 100 feel a residential district,
~g or adjacent to residential or uses shall be
of both the site pla~ conditional use.
Mr. Mahoney was concerned about leuing of traffic. Allocco asked if'the water
retention was already, sized and Mr. :lke said it ~. Mr. Blessing wanted to know if
SunTrust could request additional curb in the ~re and Mr. Stringer said two.are.
allowed for the whole'Publix develo are already in place.
No one from the publ!c spoke. Chmn Smith ~ed the hearing.
MOT]ON by Allocco/Blessing
"1 make a motion that we approve th ;unTrust
for the conditional use permit."
Roll Call:
Mr. Faille yes
Chmn S~ . yes
Mr. Se (a) yes
· . Mr. sing yes
Mr. Allocco yes
Mr. Mahoney yes
Ms. Monier yes
The vote was 7-0. Moti carried.
MOTION by
'1 make a motio
at the Publix
Y
we approve the site plan as presented for
ivision."
SunTrust Bank
Roll Call:
Mr. Faille yes Mr. Allocco yes
Mr. Mahoney yes Chmn Smith yes
Mr. Blessing yes M'r. Seeley yes
Ms. Monier yes
The vote was %0. Motion carried.
C. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL- LAND
USE MAP AMENDMENT/REZONING/PUD CONCEPTUAL PLAN
Ms. Monier stated for the record that she had done some research with county
commissioners, councilmen and doesn't believe that one branch of government should
ignore the other branch. She added that the city is growing and the public is concerned.
PLANNING A~D'ZONING COMMISSION
MINUTES OF-REGULAR MEETING OF SEPTEMBER 18, 2003
The developers have certain rights but we are taking into"consideratJon lot sizes, side
setbacks and density. One reason the developers are looking to annex into the city is
for commercial growth, which is needed in our city. -
Chmn Smith added that the City of Sebasti'an has home rule, whict~ means the city
makes its own decisions. The school system is a count,/system and their jurisdiction.
The Growth Management Department is the arbitrator between the developer and the
city.
Chmn Smith opened the public hearing. Mr. Joseph Schulke, who was previously sworn
in, presented the application as an annexation of a 56 acre piece of property with a land
use of L-2, six units per acre supporting single and multi-family zoning. The proposal is
for a planned development. Mr. Schutke passed out similar exhibits to the
commissioners that he gave to members of the public and introduced his clients, Mr.
Coy Clark and Mr. Jeff Blackstone. The proposal is for 214 homes with increased lot
width and setbacks. Th. irty-b, vo percent of the site wilt be for recreation, preservation and
open spaces. It will have curb roads and sidewalks within the gated community. The
surrounding area to the north .is FPL substation and soon to be built Pelican Isle
Apartments at 5.6 units per acre, to the east is Orange Heights a mobile home
community at 4.2 units per acre, to the south is existing general commercial property
and the Sebastian Elementary School, and to the west: is Powertine Road. This project
will have 3.47 units per acre. It has private streets, drainage and recreation areas with
private maintenance of these. No added traffic through the Highlands, connect directly to
the main highway. They. hired both traffic consultant and environmental impact
consultant. There were no endangered species found on the properrty and appropriate
permits will be obtained for gopher tortoise relocation.
Mr. Hass added that the three big issues are density, lot sizes and setbacks. All these
issues were addressed through.the redesign of the project. Currently the site within the
county is 6 units per acre, the proposal is for Iow density within Sebastian, which allows
5 units per acre, but the development proposal is presented at 3.47 units per acre.
Mr. Mahoney asked about the size of the rights-of-way and Mr. Hass said there are 40'
rights-of-way with sidewalks on both sides of the street as well as 10' easements along
the rights-of-way. Mr. Mahoney suggested that PUD's use a calculation of 75% of the
zone distdct requirement. There was discussion regarding open space, recreation areas
and wetlands. Mr. Keough was concerned about the 7' setbacks. Mr. Allocco
commended the layout and presentation but felt there were too many homes for the site.
Ms. Monier suggested the whole point is to negotiate. The general feeling is that the
density is too high and the applicant should consider decreasing the number of homes
by 20 and use 10' setbacks. Mr. Blessing had concerns with the 40' wide road and would
also like to see the density reduced. Mr. Seetey said he visited Collier Club and
Sebastian Lakes to view this type of community. Mr. Smith confirmed with Mr. Hass that
the developer has gone through negotiations with city staff and city council has final.
decision. Mr. Stringer added the three units per acre issue is the council saying they are
not going to approve a higher density than the applicant would have had in the county.
The following people spoke:
PLANNING A~'D ZONING COMMISSION
MINUTES OF REGULAR MEET1NG OF SEPTEMBER 18, 2003
Mr. William Schulke, Sebastian, Flodda said he felt that 'tt~'ere is only abut 6' of usable
area within the 10' setback. He also commented that with the sidewalks there would be
more street parking than with swales.
Andrea Coy, 333 Pineapple Street, Sebastian, Fiodda would like to see a copy of the
environmental impact study, 20' buffer area not enough, and density is too high.
Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida liaison officer between [he
Sebastian Property Owners Association and city hall and the SPOA is against any
change or decrease in the size of buildable lots from 10,000 square feet.
Bill O'Neil, 321 Tangelo Street, Orange Heights, Sebastian, Florida wanted to know how
close the ends of the streets are and Mr. Hass said 20' setback and 20' buffer.
Andrew Falice, 1045 Foster Road, Sebastian, Florida concerned about the traffic from
Pelican Isle and this project.
Rob Clearbrook, 1041 Foster Road, Sebastian, Fiodda is againSt PUD development and
concerned about the'wildlife.
George Gribbroek, 1049 Foster Road, Sebastian, F]odda familiar with the site for more
than 30 years and concerned about the wildlife and trees.
Mary Ingui, 626 Layport Drive, Sebastian, Florida questioned if the residents of this
development could use city parks but city residents could not use their facilities, would
there be maintenance fees, and concerned abut the visual impact.
Mr. Schulke added they have hired GK Environmental to do an environmental
assessment of the property. He added they are preserving nine acres of upland and
wetland area.
Chmn Smith closed the hearing at 8.58 p.m. and asked Mr. Hass for a summary. He
stated the main objective in reviewing these projects is to determine consistency with the
Comprehensive Development Plan and Land Devetopmen( Code as well as satisfy the
objectives of the city council. Mr. Stringer advised the commission to vote on each item
independently.
MOT]ON by Monier/Blessing
"I make a motion [to recommend to city council] that we change the land use to Low
Density Residential [for Ashbury Subdivision]"
Roll Call:
Mr. Faille no Mr. Mahoney no
Mr. Seetey (a) no Mr. Btessing yes '
Ms. Monier yes Mr., Allocco no
Chmn Smith yes
The vote was 4-3. Motion denied.
PLANNING AN.D ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
Mr. Stringer then advised the commission to make a motion for another land use
category because if it is annexed it must have a city land use category. He ~etailed the
various land use categories.
MOTION by Monier/Blessing
"I would like to reiterate my motion [to recommend to city council] the create a land use
for the Ashbury Subdivision to LDR"
There was discussion about land use and zoning categories. Mr. Stringer advised the
commission if the land were brought in without a land use category established it would
come in at the closest corresponding city land use category. In this case it would be
multi-family because the current county land use allows 6 units per acre and our multi-
family category would be the closest.
Roll Call:
Mr. Allocco no Mr. Faille yes
Chmn Smith yes Mr. Mahoney' no
Mr. Seetey (a) yes Ms. Monier yes
Mr. Blessing yes
The vote was 5-2. Motion carried.
MOTION by MahoneytBlessing
"1 make a motion that we [recommend to city council] rezone IA1 to PUD-R] with a
minimum of 7,500 square foot lots with 7 ¥2 ' side setbacks and 60' lot frontage"
Roll Call:
Mr. Faille yes Mr. Allocco
Mr. Mahoney yes Chmn Smith
Mr. Blessing yes Mr. Seeley
Ms. Monier yes
yes
yes
yes
The vote was %0. Motion carried.
D. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL'- LAND
USE MAP AMENDMENT/REZONING - CROSS CREEK SUBDIVISION
Mr. Warren Dill, 1565 U.S. ¢1, Sebastian, Florida represented the applicants, Mr. Hank
Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates,
Veto Beach, Ftodda. Mr. Dill described the property location, 115 acres, 150 single
family lots, 85'X 135', 13,000 sq. ft. The lots on the cul-de-sac are almost half acre. The
density is 1.3 units per acre, proposing pdvate streets with 50' right-of way curb and
gutter, and sidewalks on both sides. Powertine Road will be paved to access this
property. County water and sewer is available, storm water will be kept on site and no
obligation on the city for maintenance of drainage. Land use is compatible with
surrounding area. Mr. Hass added that the property is currently being used as an active
sand mine, which will cease operation this year. In the event that the Powedine Road
access is not able to occur the alternative access point will be Shakespeare.
Mr. Mahoney was concerned about who would be responsible for paving Powerline/ ,,
Road and Mr. Hass said it is being negotiated. Mr. Allocco asked if the large cement (~,//)
5
JOSEPH W. ,~CHULKE, RE.
JODAH B. BITTLE, RE.
WILLIAM R STODDARD, Ph.D., P.E.
SCHULKE, BITTLE & STODDARD, L.L.C.
CIVIL & STRUCTURAL ENGINEERING · LAND PLANNING · ENVIRONMENTAL PER
October 7, 2003
Tracy Haas, Director
Growth Management Dept.
City of Sebastian
1201 Main Street
Sebastian, FL 32958
Re:
Ashbury Subdivision
Conceptual P.D. Application
Dear Mr. Haas,
After careful consideration of the Planning and Zoning recommendation to City
Council, and subsequent meetings with you and Terrance Moore, the Coy A. Clark
Development Co. hereby requests that the City Council consider the approval of the
Conceptual P.D. for Ashbury Subdivision as it was previously presented to the Plann/ng
and Zoning commission, with the following modifications:
-Increase side setbacks to 7.5 ft, as recommended by the Planning and Zon/ng
commission.
-Increase the perimeter buffer to 25 ft.
The subdivision, with the modifications presented herein, is a project that has
evolved through the joint efforts of our design team and City staff, and as such, has both
the City and the developer's best interests considered. We truly believe this project will
be an asset to the city.
Enclosed are twelve (12) sets of the revised plans for City Council consideration.
If you have any questions, please do not hesitate to call.
Sincerely,
Cc: JeffBlackstone
Coy A. Clark
1140 7· COURT, SUITE F VERO BEACH, FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAtL sbseng@gate.net
Permit Application No.
City of Sebastian
~,~,.~.~ Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name: ~,, ~'~ ~' ~ ¢_.
--nS, ,~ (. Cb
Address: .....
Phone Number:
Owner (If different from applicant)
Name:
Address:
Phone Number: ( ) - FAX Number: ( )
E-Mail:
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2' BY 1 1" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A, Project Name (if applicable):
B, Site Information
Address:
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
%~-7~-06-~>00o- -~OoO-ooo~q.O ~ - °°O~b-,O > 31-5~ -o7-~o-sc~oo-o,;5
Zoning Classification: /~_x~s-r~,~r \ Future Land Use:
/
:r...r~.c.) ?~>~ Lo~ ~s,V ~.-.~,..~...~ (
L-Z
Existing Use: ' Proposed Use:
C, Detailed description of proposed activity and purpose of the requested permit or action (attach
Dog. o
extra sheets if necessary):
DATE RECEIVED: 7 / 7/..~'
FEE PAID:
RECEIVED BY.'~-~ ~.__
JUL 2_003
?&7.
Permit Application No.
D. Project Personnel: Agent:
Name:
Address . ,'
Phone Number:
Attorney:
Name:
Address
Phone Number: ( ) - FAX Number: ( )
E-Mail:
Engineer:
Name: ~I~ULK~ , Bt"I~"'L'~ 7 ~"~'~,(L?...~ f LLC
Address
Phone Number:
E-Mail:
S u weyo r:
Name:
l, ?OS6P~ 5¢~V=~<~, ~C , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT; I AM THE OWNER
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER~ DESCRIBED WHICH IS THE SU~ECT MA~ER OF THIS
APPLICATION, AND T~T A~ THE INflATION, ~PS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCU~O T~~ KNOWLEDGE AND BELIEF. --
~ ~WO~ND SUBSCRIBED BEFORE ME BY ~H
~ ERS TO ME OR PRODUCED
AS IDENTIFICATION, THIS ~. DAY OF
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
Wot.'-,/ ,20 o% .
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(Including rezonlng}, site plansy conditional use permits, special use permlt~, variances,
exceptions, and appeals.
J/~/VE, THE OWNER(S) / /THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW'THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE J/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF TRE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY,
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER ~- ~/AND CONSENT IS B_EJN(~NED BY'ME./US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PR
Sw~subscdbed before me by
who is personally kRow~ me or produced ~(~
as idenEfl~tion, this ~ day of
Notary's Signature
Pdnted Name of Notary
Commission No./Expiration
Seal:
Permit Application No.
HOME OF PELICAN ISLAND
Supplemental Information
Planned Unit Development,
Conceptual Development Plan
(A'i-rACH ADDITIONAL PAGES IF NECESSARY.)
1. Describe how the proposed conceptual development plan is consistent with the
elements of the Comprehensive Plan.
2. Describe how the proposed conceptual development plan will be in conformance
with applicable requirements of the City of Sebastian Land Development Code.
considedng
Would the conceptual development plan result in any incompatible land uses,
the type and location of the uses involved.?
Describe how the proposed public facilities are adequate to serve the proposed
conceptual development plan. ?9.~a.~r~ ,~/L,!' f~q,~L-"~, ~J~: ~ ~ ~,~ H ~'-~';'~
1
Permit Application No.
5. Describe how the proposed conceptual development plan would not result in a
significant adverse impact on the natural environment.
6. Describe how the proposed conceptual development plan would not adversely
affect the property values of the area, the general health, safety and welfare of
the surrounding public, and not negatively impact the financial resources of the
7. Does the proposed ~nceptual development plan result in an ordedy~
development pa~em? %HC ~¢~O:/:b ~%u(' Uf~ m :~¢ (~ L' ~ % ~"
8. Explain how the proposed conceptual development plan is not in conflict with the
public interest. 'T~& P~"~¢~r~-r':[ ~ ~5d/~o¢_~ P~'-7/,-r?¢~ L,~¢TS
t '
Permit Application No.
9. Attach
the following:
A list of the names and addresses of all owners of parcels of real property
within three hundred (300) feet of the parcel to be considered.
A vicinity map.
A map(s) of existing conditions including existing easements, streets,
buildings, land uses, historical sites, tree groupings, wetlands, water
courses, contours, the names of the property owners and existing land
uses and zoning for all contiguous property, and the location and width of
all existing or platted streets, easements, drainage ways and utilities
contiguous to the property.
A development plan including land use, circulation, conceptual drainage
plan, densities, and non-residential square footage.
e. A statement of planning objectives.
f. A proposed development schedule.
~4. An environmental impact statement
h. A public facility impact statement.
~/i/L. A traffic impact statement and/or study.
Permit Application No.
City of Sebastian
Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name: ~
Address:
Phone Number: (~z) ~0 - ~ ~
FAX Number: (T'77-)'/'70
E-Mail:
Owner (If different from applicant)
Name:
Address:
F~ Number: (
Phone Number:(~) ~ - %t~
E-Mail:
ITitle of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I-rACHED AND 8-1/2" BY 11" COPIES OF ANY' A'FI'ACHMENTS
SHALL BE INCLUDED. Al-tACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
B. Site Information
Address:
Lot: Block: Unit: Subdivision:
5F_g ~'I-F'A.f..II Lb gg~ 4 L.S
Indian River Caunty Parcel #:
3/- 59 -ou -'ooOoo -gOOO - ooO 15', O
Zoning Classification: ~_.X~'~J r¢-~ Future Land Use:
Existing Use;/
- ooo ~H, O
Proposed Use:
Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
FEE PAID: ; ~ BY:
DATE RECEIVED: q /'1 io3
Permit Application No. __
Supplemental Information
Rezoning Request
ATTACH ADDITIONAL PAGES IF NECESSARY.
HOME OF PEUCAN ISLAND
I 1.
Proposed zoning:
2. Explain how the proposed rezoning is consistent with the other elements of the
comprehensive plan..~uGm IT'TI~V~" r~),~p~'~,VS~u-C LA~'p ~
Explain how the proposed rezoning is in conformance with applicable substantive
requirements of the City of Sebastian Code of Ordinances.
What land use and development changes have o~u~ed since the effe~ive: date
of the comprehensive plan which are relevant to the proposed
amendment? ~/mP~g-Hr_/~lVg L~/t, t)Sg A~jr) ~%~,dCS~ ~
Explain how the proposed rezoning is compatible with the existing or future~ land
uses ofthe City. "~fzopos~% ~=I',A/~,,Jb~ '~\]D-~ 1~ ~ ~~
Ad
6. Are there adequate public facilities to serve the
proposed land use?
~) ¢~ ~/~%rL.
Permit Application No. __
7. Explain how the proposed rezoning will not result in a significant adverse impact
on the natural environment.
8. ~plain how the proposed rezoning will not adve~ely affect the prope~ values of
the area, th~ general health, safe~ and welfare or the financial resour~s of the
9. Descdbe how the propoSed rezpning will result in an orderly development paEem.
10.
Attach the following:
~/~a. A vedfied statement showing each and every individual person having a
legal and/or equitable ownership interest in the property upon which the
application for rezoning is sought, except publicly held corporations, in
which case the names and addresses of the corporate officers shall be
sufficient.
v//b. A list of the names and addresses of all owners of parcels of: real
property within three hundred (300) feet of the parcel to be considered.
~c. A survey and legal description of the property to be rezoned.
City of Sebastian, Florida
Subject: First reading of Ordinance No. O-03-
16; land use amendment for a proposed llS-acre
Private subdivision situated along Powerline Road
south of Barber Street and north of CR 510
adjacent to Sebastian Highlands Unit 11, and
known as Cross Creek Subdivision.
al by:
Agenda No. 0 ,'~. 2,30t
Department Origin: Growth Management
Tracy E. Hass ~(
Date Submitted: December 4, 2003
For Agenda of: December 17, 2003
%L~bits: (~5~inance No. O-03-16,-~q~a~ig~, Location Map, and P&Z recommendation, Application.
EXPENDITURE AMOUNT BUDGETED: [ APPROPRIATION
REQUIRED: None None [ REQUIRED: None
SUMMARY
Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated
along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The
current land use designation for this parcel of land is R (Residential lunit/acre (County)), while the current zoning is
A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low
Density 5 units/acre) and corresponding zoning of RS-10 (10,000 SF minimum lot size). The property is home to a
former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to pemfit
residential units along the perimeter of the lake boundaries. As proposed, Cross Creek will contain 150 single family
residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5
units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from
Barber Street south approximately 1125 feet to the southernmost subdivision access point.
Although details of the subdivision have been provided herein, this application entails only review for
consistency with the land use element of the comprehensive development plan. Further details regarding specific
site development plans will be provided during the rezoning/conceptual development plan review to follow upon
completion of the Department of Community Affairs review of this application. However, please feel free to
contact Growth Management staff should you have any question with regards to this application, or should you
desire to review the conceptual development plan.
RECOMMENDED ACTION
Conduct first public hearing.
Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to
the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be/"-'~
conducted.
"Move to pass Ordinance No O-03-16 on first reading for transmittal to the Department of Community Affairs.~_~
ORDINANCE NO. O-03-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW
DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS RESIDENTIAL, I UNIT PER ACRE
(R) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED
ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS
CROSS CREEK SUBDIVISION; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Henry A. Fischer for
an amendment to designate an initial land use for certain property considered for annexation
from its existing County Future Land Use Map designation of R (Residential, 1 unit per acre) to
a City designation of LDR (Low Density Residential); and
WHEREAS, the City Council has considered the criteria identified in the Land
Development Code and Florida Statutes together with the findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WltEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals 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. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real
property, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
The South ½ of the Northwest ¼ of Section 30, Township 31 South, Range 39
East, Indian River County, Florida, LESS the East 35 feet thereof for right-of-way
AND ALSO the Northeast ¼ of the Southwest ¼, excepting the West 5 acres
thereof, in Section 30, Township 31 South Range 39 East
containing 115 acres more or less.
Section 2. DESIGNATION. The Comprehensive Plan Furore Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 17th day of
December, 2003, by Councilmember The motion was seconded by
Councilmember and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
ATTEST:
Sally A. Maio, CMC
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
Vice-Mayor
Councilmember
Councilmember
Councilmember
The Mayor thereupon declared this Ordinance duly passed and adopted this
,200__.
CITY OF SEBASTIAN, FLORIDA
day of
ATTEST:
By:
Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney
INDIAN RIVER COUNTY, FLORIDA
ZONING MAP
LEGEND
INFORMATIONAL PLAT - NOT A SURVEY
Section 30 31s-39e
.'..l~ ~ ~ . ,:_ ~.,:.~.-. ,._~ ... .~ ,'~
.I
~-I~1-1~ ~
] ...
I tOO' OR,lIN.IGC CANAL J_ ~0~ DR,II,¥.ICE CAA',IL
?~ 7 ;Y. , ,.,7)
...................... ~ ..... ~,.~ ~=_~.,~. ~ ~
Growth Management Department
Comprehensive Plan Amendment Application
Staff Report
Project Name:
Cross Creek Subdivision
Requested Action: Land Use Change from R (County- 1unit/acre) to LDR
Project Location
a. Address: Powerline Road South of Barbednorth of CR 510.
b. Legal: See survey
Indian River County Parcel Number: 31-39-30-00000-3000-00002.0
31-39-30-00000-5000-00001.0
Project Owner:
Henry A Fischer
P.O. Box 780068
Sebastian, Florida 32978
(772) 589-3159
fax: (772) 589-7731
Project Agent:
Warren W. Dill
Dill & Evans, P.L.
1515 U.S. Highway 1, Suite 201
Sebastian, Florida 32958
(772) 589-1212 fax: (772) 589-5212
Project Engineer:
Mosby & Associates, Inc.
2455 14"' Avenue
Vero Beach, Florida 32960
(772) 569-0035
fax: (772)-778-3617
Project Surveyor:
James A. Fowler
929 7th Avenue
P.O. Box 1677
Vero Beach, Florida 32960
(772) 562-4744
fax: (772) 562-0963
Project Description
Narrative of proposed action: Mr.
scale land use map amendment for an
Henry A. Fischer is requesting a large
115+/- acre tract of land situated
Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian
Highlands Unit 11. The current land use designation for this parcel of land is R
(Residential 1unit/acre (County)), while the current zoning is A-1 (Agricultural 1
unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of
LDR (Low Density 5 units/acre) and corresponding zoning of RS-10 (10,000 SF
minimum lot size). The property is home to a former sand mining operation, which
created a large lake on the subject site, and is slated for subdividing to permit
residential units along the perimeter of the lake boundaries. Cross Creek is
proposed to contain 150 single family residential lots with minimum lot size of 95' x
135', thus a proposed 'density of 1.30 units/acre, well below the 5 units/acre
permitted within the LD category. The proposed project also includes improving
Powerline Road from Barber Street south approximately 1125 feet to the
southernmost subdivision access point. In addition, Shakespeare Street on the
west side of the project will be expanded to a two-lane roadway within a 50' right-
of-way, whereas Shakespeare is currently a substandard single lane roadway.
Current Zoning: A-1 (County - Agriculture)
Adjacent Properties
Zoninq
Current Land Use
Future Land Use
North: RS-10
East: RS-10
South: A-1
West: RS-10
Single Family/Vacant LD
Single Family/Vacant LD
Vacant R (County)
Residential/Vacant LD
d. Site Characteristics
(1) Total Acreage: 115 acres
(2) Current Land Use(s):
Sand Mine
(3) Soil: Oldsmar, Pepper
(4) Vegetation:
Cleared, Palm, Oak
(5) Fl'ood Hazard: Zone X
(6) Water Service:
Indian River County Utilities (Water Main)
(7) Sanitary Sewer Service: Indian River County Utilities (Forcemain)
(8) Parks:
Barber Street - 3/4 mile
(9) Police/Fire:
Sebastian Police 4 miles
County Fire - 3/4 miles
2
10.
11.
12.
13.
14,
15.
16,
Comprehensive Plan Consistency
a. Future Land Use: Consistent
b. Traffic Circulation: Consistent
c: Public Facilities: Consistent
d. Housing: Consistent
e. Coastal Management: Consistent
f. Recreation and Open 'Space:
Consistent
g. Conservation: Consistent
h. Intergovernmental Coordination: Consistent
Conformance with Code of Ordinances: Consistent
Changed Conditions: Site was utilized for a sand mining oPeration, with proposed
change to single-family residential.
Land Use Compatibility: The adjacent properties to the north, east and west are
designated Iow density residential, while the property immediately south is designated for
Iow density residential within the County.
There will be a negligible impact caused by the proposed land use change due to the
similarity of the existing uses in the area. Additionally, the infrastructure improvements
slated as an element of the proposed project will enhance the viability and sustainability
of the area.
Adequate Public Facilities: Provided - public utilities (water, wastewater) will be
incorporated within the development of the proposed PUD, and the existing lake will
double a stormwater detention basin.
Natural Environment: The proposed Subdivision will contain the requisite open space
as required by land development regulations.
Economic Effect: provided - The property is currently not within the corporate limits of
the City of Sebastian. Annexation will Provide an additional 115 +/- acres of land area with
an additional 150 residential units, which in tum creates an expanded tax base for the City
of Sebastian.
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential/commercial property
and availability of sufficient public facilities and access.
3
17'.
Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
incorporate and/or annex enclave parcels within incorporated cities. Although the.property
in question is not an enclave (although adjacent on three sides to City boundaries), it is
adjacent to the urban service area, and would most likely be better served by municipal
services. The current use of the property is for sand mining purposes. The City no longer
permits sand mining operations, and the proposed change to a single-family residential is
consistent with the future goals and objectives of the City of Sebastian. Therefore, staff
finds that the proposed annexation/land use change is not in conflict with public interest.
18.
Other Matters: The requested land use change and accompanying rezoning will
provide consistency with the future land use map of the comprehensive plan.
Annexation of the parcels will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of properties lying adjacent to the
urban service area.
The proposed land use change will create a slightly greater impact on water,
wastewater, drainage and solid waste facilities.
19.
Analysis: Mr. Henry A. Fischer is requesting a large scale land use map amendment
for an 115+/- acre tract of land situated along Powerline Road south of Barber Street and
north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use
designation for this parcel of land is R (Residential 1unit/acre (County)), while the current
zoning is A-1 (Agricultural I unit/acre). Mr. Fischer is requesting annexation of said parcel
with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS-10
(10,000 SF minimum lot size). The property is home to a former sand mining operation,
which created a large lake on the subject site, and is slated for subdividing to permit
residential units along the perimeter of the lake boundaries. Cross Creek is proposed to
contain 150 single family residential lots with minimum lot size of 95' x 135', thus a
proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD
category. The proposed project also includes improving Powerline Road from Barber
Street south approximately 1125 feet to the southernmost subdivision access point. In
addition, Shakespeare Street on the west side of the project will be expanded to a two-
lane roadway within a 50' right-of-way, whereas Shakespeare is currently a substandard
single lane roadway.
20.
Conclusion: The requested land use change from R (County) to LDR is consistent
with the Comprehensive Plan, Land Development Code and Code of Ordinances.
21.
Recommendation: Staff recommends approval of the requested land use change
with the following condition:
~~Jity Council.
BY
The land use change shall be conditioned upon receipt of annexation approval by
DATE/ /
4
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
Mr. Stringer then advised the commission to make a motion for another land use
category because if it is annexed it must have a city land use category. He q~etailed the
various land use categories.
MOTION by Monier/Blessing
"1 would like to
for the Ashbury
my motion [to recommend to city
ion to LDR"
the create a land use
There was discussion land use and.zoning
commission if the land were ~ht in without a
come in at the closest corres ding city land
multi-family because the )unty land
family categow would be the
ories. Mr. Stringer advised the
use category established it would
category. In this case it would be
allows 6 units per acre and our multi-
Roll Call:
Mr. Allocco no
Chmn Smith ~es
Mr. Seeley ;s
Mr. Blessir
Mr. Faille yes
Mr. Mahoney no
Ms. Monier yes
The vote was 5-2. Motion c
MOT]ON by Mahone'
"1 make a motion
minimum of 7,50
[recommend to city council]
uare foot lots with 7 ½ ' side setbacks
A1 to PUD-R] with a
60' lot frontage"
Roll Call:
Mr. Faille yes
Mr. Mahoney yes
Mr. Blessing yes
Ms. Monier yes
Mr. AIIocco yes
Chmn Smith yes
Mr. Seetey yes
The vote was 7-0. Motion carried.
D, PUBLIC HEARING- RECOMMENDATION TO CITY COUNCIL- LAND
USE MAP AMENDMENT/REZONING - C_.__RO$S CREEK SUBDIVISION
Mr. Warren Dill, 1565 U.S. ¢1, Sebastian, Florida represented the applicants, Mr. Hank
Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates,
Vero Beach, Florida. Mr. Dill described the property location, 115 acres, 150 single
family lots, 85' X 135', 13,000 sq. ft. The lots on the cul-de-sac are almost half acre. The
density is 1.3 units per acre, proposing private streets with 50' right-of way curb and
gutter, and sidewalks on both sides. Powerline Road will be paved to access this
property. County water and sewer is available, storm water will be kept on site and no
obligation on the city for maintenance of drainage. Land use is compatible with
surrounding area. Mr. Hass added that the property is currently being used as an active
sand mine, which will cease operation this year. In the event that the Powedine Road
access is not able to occur the alternative access point will be Shakespeare.
Mr. Mahoney was concerned about who would be responsible for paving Powertine
Road and IVlr. Hass said it is being negotiated. Mr. AIIocco asked if the large cement
5
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
poles would be a problem on Powedine Road and Mr. Dill 'said the driving surface is to
the east of th4e poles and they would not present a problem for road construction. The
commissioners agreed this was a well-presented project. ,
The following people spoke:
Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida very pleased with the
proposal as long as they do not use Shakespeare as the main entrance to the site.
Mickey Groepler, Sebastian, Florida asked where the lake came from and Mr. Dill said
the take was created as a result of the sand mine operation.
Dot Weathers, 1781 Barber Street, Sebastian, Florida concerned about traffic on
Powerline Road.
Anna Roessler, 1745 Skyline Lane, Sebastian, Florida wanted to know if the buffer zone
wilt be maintained.
Zipolitto, Filbert Street, Sebastian, Florida said he received a letter requesting 35' of his
property for the road work and wondered why it wasn't taken from the west side of the
road instead. Mr. Stringer explained that Powerline Road is a good way to get from the
Highlands to 510, which has been a safety issue at the Metropolitan Planning
Organization.
Kathy Woolsey, 8625 70th Avenue, concerned about traffic and development.
Richard Scurlock, 1190 Barber Street, Sebastian, Florida in favor of no development and
no growth.
Mr. Dan Spencer, 90th Avenue, was a citrus grower for 20 years and if the economy
could support his business to continue it would.
Mr. Mahoney asked for a clarification of the staff notation, "rezoning shall be conditioned
upon receipt of annexation approval by the city council." Mr. Stringer interjected that it
doesn't take effect unless the city annexes it.
MOTION by Blessing/AIIocco
"1 make a motion [to recommend to city council] that the land use change from R County
to LDR for the Cross Creek subdivision by accepted and approve the rezoning from A1
to RS-10 for the Cross Creek subdivision."
Roll Call:
Mr. Faille yes Mr. Allocco yes
Mr. Mahoney yes Chmn Smith yes
Mr. Blessing yes Mr. Seeley (a) yes
Ms. Monier yes
The vote was 7-0. Both motions carried.
Permit Application No.
City of Sebastian
Development Order Application
, Applicant (if not owner, wH[ien authori=afion (notarized) from owner is required)
Name:
Henry Andrew Fischer
Address:
P.O. Bo× 780068.. S~bastian¢
Phone Number: (772) 589-}159
E-Mail:
FL 32978
FAX Number: (772) 589-7731
N/A
Owner (If different from applicant)
Name:
~n~v A_ ~i ~h~ an~ r~ni el Spencer. Trust_~e__.
AddreSs: - -
P.O. Box 780068r Se. bastia~, ~ 329?8
Phone Number: (772) 589-3159 FAX Number. (772)
589- 7731
E-Mail:
N/A
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'FI'ACHED AND 8-1/2" BY 1 1" COPIES OF ANY ATI'ACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
lA. Project Name (if applicable):
CROSS CREEK, a subdivision
B. Site Information
Address:
See attached Warranty D~=ds
Lot: Block: Unit: Subdivision:
Indian River County Parcel #: Fischer Property 30-31-39-00000-3000-0000.2/0
']'hm~-l- ~>r'n~u,~?y- '~f')-'~1-39-000f')0-~000-00001/0
Zoning Classification: uture Land Use:
Indian River County A-1 Indian River County - R
Existing Use: Proposed Use:
Vacant
Residential Subdivision
Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
Annexation of the property into the City and residential development under
the Future Land Use Map classification of LDR with RS-10 zoning.
DATE RECEIVED:
7/2. f/o3
FEE PAID: $ I; 5-o0. crO RECEIVED BY: %% )Z_.~
D. Project Personnel:
Agent:
Name:
Warren W. Dill
Address
Permit Application No.
Dill & Evans, P.L., 1515 U.S. Hiqhway 1, Suite 201~ Sebastian, FL 32958
Phone Number: ( 772 ) 589- 1212 FAX Number: ( 772 ) 589 -521 2
E-Mail:
N/A
Attorney:
Name:
Same as Aqent.
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Engineer:
Name:
Mosby & Associates, INc. (for subdivision)
Address
2455 - 14th Avenue. Vero Beach, FL 32960
Phone Number: (772) 569 - 0035 FAX Number: (772) 778-3617
E-Mail:
N/A
Surveyor:
Name:
James A. Fowler
Address
929 - 7th Avenue - P.O. Box 1677~ Vero Beach, FL 32961
Phone Number: (772) 562-4744 FAX Number: (772) 562- 0963
E-Mail:
SIGNATURE ~ / DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY Wa~-re/1 W. Dill
WHO IS Pr.~ERSONAI ! Y ~'~c~w~ TO ME OR PRODUCED
AS IDENTIFICATION, THIS ,~.._~ DAY OF Jul¥~ ,20 03
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./EXPIRATION
SEAL:
.-'.';~'~:x :~,'.", Diana C Hill
.-'e;,' ?0%
-=*::,~?.,,~'.*~ MY COMMISSION # DD043145 EXPIR~:S
%~".-Co.' ,' September 7, 2005
',,.?~,,~,, ,' 8ONDED THRU TROY FAIN INSURANC& iNC.
Permit Application No.
The following is required for ali comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/~NE, THE OWNER(S) / iii ~ THE LEGAL REPRESENTATIVE OF THE OWNER(S) Of THE PROPERTY DESCRIBED WHICH IS.
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P & Z and City Council
BOARD/COMMISSION OF THE CiTY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE J/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEEt AGEHT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN.
b'IGNATURE v DATE
Sworn to and subscribed before me by Warren W. Dill
who is.~personally known_to, me or produced
as identification, this .~.~ day of July ,20 03~.
Notary's Signature .,//_...zz~M...~ -~.~
Printed Name of Notary / '"
Commission No./Expiration
Seal:
Diana C. Hill
.-' ~.;.' -..~,g
~.~.~*::*~:~:*~ MY COMMISSION ~ptem~rD~431457, 2005 ~I~ES
Supplemental Information
Comprehensive Plan Amendment (Land Use)
ATTACH ADDITIONAL PAGES IF NECESSARY.
1. Current land use map designation: Indian River County
Permit Application No.
R - Residentiat
2. Proposed land use map designation: . Sebastian
Low Density Residential (LDR)
3. Size of project in acres: Fischer 79.8 acres/~r~st 35.4 acres
Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City.
This application is consistent with the City's a~q~~:=
policy and Comprehensive Plan and will not have any adverse
impacts on the City.
5. Is the proposed amendment consistent with the other elements of the
comprehensive plan? If not, which one(s)? Yes
Is the proposed amendment in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? If not, which
one(s)? Yes
Permit Application No.
What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
amendment? The City has an annexation policy within the
geoqraphic area adjacent to the City which includes this
property.
Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not? The proposed Amendment is compatible
with the City's land uses surrounding this property on three
sides.
9. Are there adequate public facilities to serve the proposed land use? If not, which
one(s) are not adequate? A.-L1. publlc £acllltles are adequate°
The road to the develoFment will be paved to its entrance.
10. Would the proposed amendment result in a significant adverse impact on the
natural environment? If so, describe the impact. No. 'I1-ze prlor use o£
the property was a citrus grove.
Permit Application No.
11.
Would the proposed amendment adversely affect the property values of the
area, the general health, safety and welfare and impact the financial resources
of the city? If so, describe how. There will D~t be any adverse
from this development. This development will enhance the
value of the property and thus increase the tax revenue of
City.
12.
Does the proposed amendment result in an orderly development pattern?
not, describe. Yes. The develo]:znent is contiguous with the
C~ty l~m/ts Qn ;three sides and will result in a logical
~n.~inn of the City.
13. Attached the following:
__ a. A verified statement showing each and every individual person having a
legal and/or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a nationally
recognized stock exchange, in which case the name and address of the
corporation arid principal executive officers will be sufficient.
b. Attach a list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
c. A survey and legal description of the property for which the land use
amendment is being requested.
City of Sebastian, Florida
Subject: First reading of Ordinance No. O-03-
18; land use amendment for a proposed 38.27-
acre private subdivision situated along CR-510
immediately south of Sebastian River Landings
Phase 1I, and immediately east of Sebastian River
AgendaNo. ~3. e7~/40
Department Origin: Growth Management
Tracy E. Hass~
High School. Date SubmittedS: December 4, 2003
~~~or ~~l/by: . For Agenda of: December 17, 2003
Ex~ts: Or~e No. O-03-18,'Cc, ii,~¢i3[~,,il Pl%, Location Map, and P&Z recommendation, Application.
EXPENDITURE
REQUIRED: None
AMOUNT BUDGETED:
None
IAPPROPRIATION
REQUIRED: None
SUMMARY
Mr. Daniel Spencer recently filed an application for annexation of a 38.27-acre parcel of land immediately south of
Sebastian River Landing phase II, which is located at the intersection of county roads 510 & 512. Mr. Spencer's
property is currently zoned A-1 (Agricultural) with an R (Residential, 1 unit/acre) land use designation and he
desires to re-zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use designation of
LDR (low density residential). The conceptual plan outlines a total of 99 single-family lots on 38.27 acres, for a
proposed density of approximately 2.59 units/acre, whereas the low-density residential land use category perm/ts a
maxinmm of 5 units per acre.
The primary point of ingress and egress w/Il be a direct connection to CR 510 along the northern quadrant of the
property, with an additional access to future development for phase 111 of Sebastian River Landings to the east of the
subject site.
Although details of the subdivision have been provided herein, this application entails only review for
consistency with the land use element of the comprehensive development plan. Further details regarding specific
site development plans will be provided during the rezoning/conceptual development plan review to follow upon
completion of the Department of Community Affairs review of this application. However, please feel free to
contact Growth Management staff should you have any question with regards to this application, or should you
desire to review the conceptual development plan.
RECOMMENDED
ACTION
Conduct first public hearing. ~ ,[~/'//
Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to
the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be
conducted.
"Move to pass Ordinance No O-03-18 on first reading for transmittal to the Department of Community Affairs."
ORDINANCE NO. O-03-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND
USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF
LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT
PER ACRE (R) FOR LAND CONSISTING OF 38 ACRES, MORE OR LESS,
WEST OF SEBASTIAN RIVER SOUTH PRONG AND EAST OF CR 510
BEING A PART OF SECTION 26, TOWNSHIP 31, RANGE 38;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Daniel Spe~ er for an
amendment to designate an initial land use for certain property considered for annexation from
its existing County Future Land Use Map designation of R (Residential, 1 unit per acre) to a City
designation of LDR (Low Density Residential); and
WHEREAS, the City Council has considered the criteria identified in the Land
Development Code and Florida Statutes together with the findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and ·
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals 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. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this OrdNance shall affect the following described real
property, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
The Southwest lA of the Northwest ¼ of Section 26, Township 31 South Range 38
East, LESS the West 65.3 feet for Road Right of Way;
Containing 38.27 acres more or less.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 17th day of
December, 2003, by Councilmember . The motion was seconded by
Councilmember and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Couneilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
ATTEST:
Sally A. Maio, CMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Couneilmember . The
motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows:
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
The Mayor thereupon declared this
~, 200m.
Ordinance
duly passed and adopted this
CITY OF SEBASTIAN, FLORIDA
day
of
ATTEST:
By:
Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney
ection 26 31s-38e
# 08.10 compiled 07/16/02
HO~[E Or P~LIC. AN GLAND
Growth Management Department
Spencer Development
Requested Action: Land Use Change from R (County) to LDR
Project Location
a. Address: East of CR 510, south and adjacent to Sebastian River Landings.
b. Legal: See survey
c. Indian River County Parcel Number: 31-38-26-00000-3000-00007.0
Project Owner:
Daniel N. Spencer
P.O. Box 1049
Wabasso, Florida 32970-1049
(772) 589-5607 fax: (772) 589-8800
Project Agent:
Bruce Moia, P.E.
Mosby & Associates, Inc.
2455 14th Avenue
Vero Beach, Florida 32960
(772) 569-0035
fax: (772) 778-3617
Project Engineer: Same as above
Project Surveyor:
James Fowler
Fowler Land Surveying
835 13th Lane
Vero Beach, Florida 32960
(772) 562-4744
fax: (772) 562-0963
Project Description
Narrative of proposed action: Mr. Daniel Spencer recently filed an application
for annexation of a 38.27-acre parcel of land immediately south of Sebastian River
Landing phase II, which is located at the intersection of county roads 510 & 512.
Phase I1 will be situated on land currently occupied by unincorporated,
undeveloped citrus groves immediately west of the St. Sebastian River along CR.
510. Mr. Spencer's property is currently zoned A-1 (Agricultural) with
1
Project Name:
Comprehensive Plan Amendment Application
Staff Report
(Residential, 1 unit/acre) land use designation and he desires to re-zone the
property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use
designation of LDR (Iow density residential). The conceptual plan outlines a total
of 99 single-family lots on 38.27 acres, for a proposed density of approximately
2.59 units/acre, whereas the Iow-density residential land use category permits a
maximum of 5 units per acre.
The primary point of ingress and egress will be a direct connection to CR 510
along the northern quadrant of the property, with an additional access to future
development for phase III of Sebastian River Landings to the east of the subject
site.
Current ZOning:
Adjacent Properties
North:
East:
South:
West:
A-1 (County - Agriculture)
Zoninq Current Land Use
PUD-R Single FamilyNacant
A-1 Agricultural/Vacant
A-1 Vacant
A-1 Vacant
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Future Land Use
LDR
LDR
L-1 (County)
L-1 (County)
38.27 acres
Vacant Residential
Electra, Riviera, Wabasso
Various Plant Material
Zone X
Indian River County Utilities
Indian River County Utilities
North County Park - 1/2 mile
Sebastian Police 4 miles
County Fire - 2 miles
Comprehensive plan Consistency
a. Future Land Use: Consistent
2
b. Traffic Circulation: Consistent
c: Public Facilities: Consistent
d. Housing: Consistent
e. Coastal Management:
Consistent
Recreation and Open Space: Consistent
g. Conservation: Consistent
h. Intergovernmental Coordination: Consistent
10. Conformance with Code of Ordinances: Consistent
11. Changed Conditions: Existing site is undeveloped agricultural property, with a
proposed change to single-family residential.
12.
Land Use Compatibility: Property to the north is under evaluation for annexation into
the city for the development of a single family neighborhood, while the adjoining properties
to the east and south are currently zoned for agricultural use with a land use designation
of L-l, or 3 units/acre.
13.
Adequate Public Facilities: Provided - public utilities (water, wastewater) will be
incorporated within the development of the proposed subdivision, and on-site stormwater
tracts are also incorporated in the proposal.
14.
Natural Environment: The proposed PUD will contain the requisite open space as
required by land development regulations.
15.
Economic Effect: provided - The property is not within the corporate limits of the City of
Sebastian. Annexation will provide an additional 38.27 +/- acres of land area with a
maximum of 99 residential units, which in turn creates an expanded tax base for the City
of Sebastian.
16.
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential property and
availability of sufficient public facilities and access.
17.
Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
incorporate and/or annex enclave parcels within incorporated cities. Although the property
in question is not an enclave, it is adjacent to the urban service area, and would most likely
be better served by municipal services. The current use of the property is for agricultural
purposes. The City does not permit agricultural use and the proposed change to a single-
family development is consistent with the future goals and objectives of the City of
Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in~---...
conflict with public interest.
3
18.
Other Matters: The requested land use change and accompanying rezoning will
provide consistency with the future land use map of the comprehensive plan.
Annexation of the parcel will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of properties lying adjacent to the
urban service area.
The proposed land use change will create a slightly greater impact on water,
wastewater, drainage and solid waste facilities.
Analysis: Mr. Daniel Spencer recently filed an application for annexation of a 38.27-
acre parcel of land immediately south of Sebastian River Landing phase II, which is
located at the intersection of county roads 510 & 512. Phase II will be situated on land
currently occupied by unincorporated, undeveloped citrus groves immediately west of the
St. Sebastian River along CR. 510. Mr. Spencer's property is currently zoned A-1
(Agricultural) with an R (Residential, 1 unit/acre) land use designation and he desires to re-
zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use
designation of LDR (Iow density residential). The conceptual plan outlines a total of 99
single-family lots on 38.27 acres, for a proposed density of approximately 2.59 units/acre,
whereas the Iow-density residential land use category permits a maximum of 5 units per
acre.
The primary point of ingress and egress will be a direct connection to CR 510 along the
northern quadrant of the property, with an additional access to future development for
phase III of Sebastian River Landings to the east of the subject site.
20.
Conclusion: The requested land use change from R (County) to LDR is consistent
with the Comprehensive Plan, Land Development Code and Code of Ordinances.
21.
Recommendation: Staff recommends approval of the requested land use change
subject to the following:
,~,,~.,~~ity Council.
P~,C~E D BY
The land use change shall be conditioned upon receipt of annexation approval by
DAI'E '
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND
USE MAP AMENDMENT/REZONING - SPENCER DEVELOPMENT-
CR510 ,
Bruce Moia, Mosby & Associates, Vero Beach, Florida was present for the applicant. He
presented the request for an LDR land use and RS-10 zone designation. The proposed
development will have a minimum lot size of 80' X 100', 2.6 units per acre, curb and
gutter with sidewalks. Mr. Hass had nothing more to add except staff recommends
approval for both the land use change and rezone. Mr. Mahoney inquired about the
proposed access through Phase III of Sebastian River Landings. Mr. Hass said that is
speculative at this point if it occurs but there will be a connection to 510 as their main
point of ingress and egress.
The following people spoke:
Richard Scudock, 1190 Barber Street, Sebastian, Florida opposed to the plan because
the land is currently zoned for one unit per acre and doesn't want the zoning increased.
MOTION by Monier/Seeley
"1 make a motion that we approve [recommendation to city council] the land use change
from R County to LDR and I also make. a motion to [recommend to city council] to rezone
from R-1 County to RS-10."
Roll Call:
Mr. Faille yes Mr. Allocco yes
Chmn Smith yes Mr. Mahoney yes
Mr. Seetey (a) yes Ms. Monier yes
Mr. Blessing yes
The vote was 7-0. Both motions carried.
CHAIRMAN MA'I FERS:
MEMBER MATTERS:
DIRECTOR MATTERS:
NONE
NONE
Mr. Hass said there are four other projects similar to what was presented this evening.
Ms. Monier asked where is the commercial to support all these homes. Mr. Stringer said
the long-term plan is to have the riverfront district support a commercial area. Mr. Hass
added that Sebastian River Landings Phase I came in at 3.4 units per acre and under
the county's guidelines they were at 3 units per acre so it was an increase in density.
That's when the negotiations started to bring it down to 3 units per acm.and it got carried
over into subsequent phasing of Sebastian River Landings and then all of a sudden the
whole idea was, the whole city, every annexation should be limited to 3 units per acre.
The direction was if they have 3 units per acre lets keep them at 3 if they have 6 units
per acre they obviously will have to reduce it down to five because we don't have a 6
and then let's further negotiate it down within the 5 to bring it down to something in that 3
to 3.5 range. Mr. Stringer added that the Highlands aren't even 3 per acre they are 3.3.
Mr. Blessing and Ms. Monier asked if a new land use category could be developed. Mr.//
Hass said this has been discussed with the consultants about going ahead and doing
7
City of Sebastian
Development Order Application
Permit Application No.
Applicant (if not owner, written authorization (notarized) from owner is required)
Name:
DANIEL N. SPENCER
Address:
P.O. BOX 1049
Phone Number: ( 772 ) 589-5607
E-Maih
WABASSO, FL 32970-1049
IFax Number:
( 772 ) 589-8800
Owner (if different from applicant)
Name:
Address:
Phone Number: ( ) I Fax Number:
E-Mail:
Type of permit or action requested: ANNEXATION,REZONiNG COMPREHENSIVE LAND USE &
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE
REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'i-]'ACHED AND 8 1/2" x 11" COPIES OF
ANY A'FI'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM.
A. Project's Name (if applicable):
SPENCER DEVELOPMENT
B. Site Information
Address:
8905 90TH AVENUE
LOt: Block: Unit: Subdivision:
Indian River County Parcel #: 31-38-26-00000-3000-00007,0
Zoning Classification: Future Land Use:
REQUESTING RS-10 RESIDENTIAL
Existing Use: Proposed Use:
VACANT RESIDENTIAL
l C. Description of proposed activity .and purpose of the requested permit or action (attach
extra sheets if necessary): SINGLE FAMILY RESIDENTIAL SUBDIVISION
DATE RECEIVED: ']] ~0.JO~{ FEEPAID:$~C(o("~ RECEIVED BY: ~ ~ ~ ',
Form CD-2001 I Page 1 of 3
Approved: 08-27-97 IRevisi°n:
Development Application
File Name: DOA
D, Project Personnel:
Agent: BRUCE MOIA, P.E.
Name:
MOSBY & ASSOCIATES, INC.
iAddress:
2455 14TH AVENUE VERO BEACH, FL 32960
Phone Number: ( 772 ) 569-0035 IFax Number: ( 772 ) 778-3617
E-Mail: mosby001 ~,¥ahoo.com
Attorney:
Name:
Address:
Phone Number: ( ) I Fax Number: ( )
E-Mail:
Engineer: BRUCE MOIA, P.E.
Name:
MOSBY & ASSOCIATES, INC.
Address:
2455 14TH AVENUE
Phone Number: ( 772 ) 569-0035
VERO BEACH, FL 32960
IFax Number: ( 772 ) 778-3617
E-Mail: mosby001 (~,yahoo. corn
Surveyor: JAMES FOWLER
Name:
FOWLER LAND SURVEYING
Address:
835 13TH LANE VERO BEACH, FL 32960
Phone Number: ( 772 ) 562-4744 IFax Number: ( 772 ) 562-0963
E-Maih
I, DANIEl_ SPENCER, BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X t AM THE OWNER I AM THE
LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'Fi'ER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION
A~E.E ACCURATE AND T_J~gE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
Signature ~' Date,'
Sworn to and subscribed before me by ,'~y'l'~L¢¢l .~L.~"tc..f''
Who is personally known to me or produced
as ident~~Lday of ~.~ , 200~
SEAL:
Form CD-2001
Approved: 08-27-97
Revision: Page 2 of 3
Development Application
File Name: DCA
The following is required for all comprehensive plan amendments, zoning amendments
(inicuding rezoning), site plans, conditions use permits, special use permits, variances,
exceptions, and appeals,
I/WE, X , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY
DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY
MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE
BOARD/COMMISSiON) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL
NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR
VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR
SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES
CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY
COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF
THE CITY OF SEBASTIAN.
'Signature ~/-
D~te ./
Sworn to and subscribed before me by
Who is personally known tome_or produced
as iden;dfication, this ~ da~ of
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
Form CD-2001 Revision: Page 3 of 3
Approved: 08-27-97
IDevelopment Application
File Name: DOA
Permit Apptication No.
Supplemental Information
Comprehensive Plan Amendment (Land Use)
ATTACH ADDITIONAL PAGES, IF NECESSARY.
X 1. Current land use map designation:
LOW DENSITY RESIDENTIAL
X 2. Proposed land use map designation:
LOW DENSITY RESIDENTIAL
X 3. Size of the project in acres: 38.27 ACRES
X
4. Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City: IMPACT IS
MINIMUM DUE TO CONSISTENCY WITH COMPREHENSIVE PLAN AND
ORDINANCES OF CITY,
X 5. Is the proposed ademendment consistent with the other elements of the
comprehensive plan? If not, which one(s)? YES.
X
6. Is the proposed amendment in coonformance with applicable substantive
requirements of the City of Sebastian Code of Ordinances? If not, which one(s)?
YES.
X 7. What land use and development changes have occurred since the effective date of
the comprehensive plan which are reievent to the proposed amendment? NONE.
Form CD-2008
Approved: 08-27-97
Revision: Page 1 of 3
IComp Plan Amend (Land Use)
File Name: SICPALU
X 8. Is the proposed amendment compatible with the existing or future land uses of the
City? If not, why not? YES.
X 9. Are there adequate public faciities to serve the proposed land use? If not, which
one (s) are not adequate? YES.
X 10. Would the proposed amendment result in a significat adverse impact on the
natural environment? If so, describe the impact. NO.
X
~ 11. Would the proposed amendment adversely affect the property values of the area,
the general health, safety, and welfare and impact the financial resources of the
City? If so, describe how. NO.
X 12. Does the proposed amendment result in an orderly development pattern? If not,
describe. YES.
Form CD-2008
Approved: 08-27-97
Page 2 of 3
Revision:
tComp Plan Amend (Land Use)
File Name: SICPALU
X
13. Attached
X a.
X b.
X ¢.
the following:.
A verified statement showing each and every indidual person having a legal and/or
equitable ownerhsip interest in the subject property except publicly held
corporations whose stock is traded on a nationally recognized stock exchange, in
which case the name and address of the corooration and principal executive officers
will be sufficient.
Attach list of the names and addresses of all owners of parcels of real property
within three hundred (300) feet of the parcel to be consideredl
A survey and legal description of the property for which the land use amendment
is being requested.
Form CD-2008 Revision:
Approved: 08-27-97
Page 3 of 3
Comp Plan Amend (Land Use)
F e Name: StCPALU
City of Sebastian, Florida
Subject: First reading of Ordinance No. O-03-
22; land use amendment for a proposed 134.381-
acre tract of land situated immediately north of
the Sebastian Municipal Airport along CR-505
(Roseland Road).
~broved far/Subm3gaL by:
Agenda No. ~)~. ~q /
Department Origin: Growth Management
Tracy E. Hass Z~
Date Submitted: December 4, 2003
For Agenda of: December 17, 2003
Exhibits: Ordinance No. O-03-22, Conceptual Plan, Location Map, and P&Z recommendation, Application.
EXPENDITURE
REQUIRED: None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
Onsite Management Group recently filed a land use amendment application for a 134.381-acre parcel of land
lying immediately north and adjacent to the Sebastian Municipal Airport along Roseland Road. The property
is currently zoned IN (Industrial) with an IND (Industrial) land use designation, while the applicant desires to
re-zone the property to RS-10 (10,000 SF minimum lot size) w/th a comprehensive land use designation of
LDR (low density resident/al - up to 5 units/acre). Conceptual plans have not yet been developed for the
subject property. However, staff, including the Airport Director, have met with the apphcant in hopes of
designing and aviation/airport friendly neighborhood, whereas the residents of the planned conm~unity would
be pemaitted direct access to the airport environ. The concept is to develop a community where all residents
are acutely aware of the neighboring airport, and generally spealcing are desirous of living in an aviation
themed community. It must be made abundantly clear however that tiffs will not be a fly-in community, but
rather one with a controlled access to the airport.
The primary point of ingress and egress will be via an access easement running northeasterly along the
northwest boundary of the airport to the southwest most comer of the subject property. This access, as well as
the proposed airport access, will be clearly identified on the preliminary deVelopment plans once designed.
Although details of the subdivision have been provided herein, this application entails only review for
consistency with the land use element of the comprehensive development plan. Further details regarding
specific site development plans will be provided during the rezoning/conceptual development plan review
to follow upon completion of the Department of Conununity Affairs review of this application. However,
please feel free to contact Growth Management staff should you have any question with regards to this
application, or should you desire to review the conceptual development plan.
RECOMMENDED ACTION
Conduct first public hearing.
Staff recommends the City Council move to pass this ordinance on first reading and transmit said
Ordinance to the Department of Community Affairs. Upon receipt of comments from DCA, a second
hearing will be conducted.
"Move to pass Ordinance No 0-03~22 on fzrst reading for transmittal to the Department of Conmaunity
Affairs."
ORDINANCE NO. 0-03-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP FROM INDUSTRIAL (IN) TO LOW DENSITY RESIDENTIAL (LDR)
FOR LAND CONSISTING OF 134 ACRES, MORE OR LESS, ADJACENT TO
SEBASTIAN MUNICIPAL AIRPORT ALSO KNOWN AS ROSELAND
SATELLITE FIELD TRACT NO. 3; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Onsite Management
Group for an amendment to designate an initial land use for certain property known as Roseland
Satellite Field Tract No. 3 from its existing Future Land Use Map designation of IND (Industrial)
to a designation of LDR (Low Density Residential); and
WHEREAS, the City Council has considered the criteria identified in the Land
Development Code and Florida Statutes together with the findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
ComprehenSive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals 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. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Furore Land Use Map adopted by this Ordinance shall affect the following described real
property, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
From the North Comer of Section 29, Fleming Grant mn South 44°25'58" East a distance
of 1501.86 feet to a concrete monument at the East comer of the property hereby described
for a Point of Beginning of the property hereby conveyed; thence mn south 45o09'04"
West for a distance of 1406.13 feet; thence North 67°39'58" West for a distance of 759.38
feet to a point; Thence north 44o25'58" West for a distance of 2804.92 feet to a point;
Thence North 45°54'02'' East for a distance of 1706.10 Feet to a point; Thence South
44o25'58" East for a distance of 3481.86 Feet to a Point of Beginning.
Containing 134.381 acres more or less.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. I63.3184(3) upon passage at fn'st
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the issuance
of a Notice of Intent by the Florida Department of Community Affairs or other final action
finding the amendment herein in compliance.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 17th day of
December, 2003, by Councilmember . The motion was seconded by
Councilmember and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
ATTEST:
Sally A. Maio, CMC
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
Vice-Mayor
Councilmember
Councilmember
Councilmember
The Mayor thereupon declared this Ordinance duly passed and adopted this
,200 .
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
4O
HOM~ OF PF. LiCAN ISLAND
Growth Management Department
Project Engineer:
Project Surveyor:
Project Description
Project Agent:
Project Owner:
Rosetand Satellite Tract 3
ReqUested Action: Land Use Change from IND to LDR
Project Location
a. Address:
Roseland Road, nodh and adjacent to Sebastian
AirpoK.
b. Legal: See survey
c. Indian River County Parcel Number: 30-38-22-00001-0030-0000.0
American Friends of Kiwat
c/o Yelen and yelen PA
1104 Ponce de Leon Blvd.
Coral Gables, Florida 33134-3322
(305) 445-3721 fax: (305) 445-3961
Onsite Management Group
1999 Pointe West Drive
Vero Beach, Florida 32966.
(772) 794-4577
fax: (772) 794-9916
WCG/NeeI-Schaffer, Inc.
2145 14th Avenue, Suite 24
Vero Beach, Florida 32960
(772) 770.4707
fax: (772) 770.4640
David Jones
PO Box 650674
Vero Beach, Florida 32965
(772)567-9875
fax: (772) 567-9172
Municipal
Narrative of proposed action: Onsite Management Group recently filed a land
use amendment application for a 134.381-acre parcel of land lying immediately
north and adjacent to the Sebastian Municipal Airport along Roseland Road. The
Project Name:
Comprehensive Plan Amendment Application
Staff Report
property is currently zoned IN (Industrial)'with an IND (Industrial) land use
designation, while the applicant desires to re-zone the property to RS-10 (10,000
SF minimum lot size) with a comprehensive land use designation of LDR (Iow
density residential - up to 5 units/acre). Conceptual plans have not yet been
developed for the subject property. However, staff, including the Airport Director,
have met with the applicant in hopes of designing and aviation/airport friendly
neighborhood, whereas the residents of the planned community would be
permitted direct access to the airport environ. The concept is to develop a
community where all residents are acutely aware of the neighboring airport, and
generally speaking are desirous of living in an aviation themed community. It must
be made abundantly clear however that this will not be a fly-in community, but
rather one with a controlled access to the airport.
The primary point of ingress and egress will be via an access easement running
northeasterly along the northwest boundary of the airport to the southwest most
corner of the subject property. This access, as well as the proposed airport
access, will be clearly identified on the preliminary development plans once
designed.
b. Current Zoning: IN (Industrial)
c. Adjacent Properties
Zoninq
Current Land Use
Future Land Use
North: RM-4
East: IN
ROSE-4
South: IN
West: RS-3
Single-FamilyNacant
Vacant
Single-FamityNacant
Vacant
Vacant
L-2 (6 units/acre - County)
IND (Airport)
L-2 (6 units/acre - County)
IND (Airport)
C-3 (1 unit/2.5 acres -County)
d. Site Characteristics
(1) Total Acreage:
134.381 acres
(2) Current. Land Use(s):
Vacant Industrial
(3) Soil: lmmokalee
(4) Vegetation:
Various Plant Material
(5) Flood Hazard: Zone X
(6) Water Service:
Indian River County Utilities
(7) Sanitary Sewer Service: Indian River County Utilities
(8) Parks:
North County HCP - adjaCent(southeast!...__..
10.
11.
12.
13.
14.
15.
(9) Police/Fire:
Sebastian Police 4 miles
County Fire - 3 miles
Comprehensive Plan Consistency
a. Future Land Use: Consistent
b. Traffic Circulation: Consistent
c: Public Facilities: Consistent
d. Housing: Consistent
e. Coastal Management: Consistent
f. Recreation and Open Space: Consistent
g. Conservation: Consistent
h. Intergovernmental Coordination: Consistent
Conformance with Code of Ordinances: Consistent
Changed Conditions: Existing site is undeveloped industrial property, with a proposed
change to the more compatible single-family residential.
Land Use Compatibility: Property to the north and east is zoned for residential use,
with some existing residences, while the adjoining property to the south is currently
programmed for development of the proposed airport corporate park - west. Although not
typically compatible with neighboring airports, the residential use is preferable for this
location given surrounding uses, as well as the intent of the City and developer to
cooperatively develop an airport/aviation friendly community.
Adequate Public Facilities: Provided- public utilities (water, wastewater) are available
and will be incorporated within the development of the proposed subdivision. Additionally,
on-site stormwater retention tracts will be required as an essential element of the
proposed development.
Natural Environment: Wetlands exist on the subject property, and the requisite
environmental audits will clearly identify the subject wetlands. Additionally, there is a 100'
wide scrub-jay conservation easement on the Sebastian Airport side of the entire south
boundary of the subject property.
Economic Effect: Not anticipated to be a significant source of economic benefit, as the
property currently permits for the development of industrial uses, which generally speaking
generates higher taxes. However, it is also anticipated that residential development of the
subject property will not create adverse economics either.
16.
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential property and
availability of sufficient public facilities and'access.
17.
Public Interest: Although atypical of being a compatible neighbor to airports, residential
use makes practical sense given the existence of residential uses surrounding three sides
of the subject property. Additionally, typically staff would not recommend reducing, the
amount of industrially zoned property within the community, but for compatibility reasons, it
'is generally believed the subject property is best suited for residential use. Therefore, staff
finds that the proposed land use change is not in conflict with public interest.
18.
Other Matters: Conceptual plans have not yet been developed for the subject property.
However, staff, including the Airport Director, have met with the applicant in hopes of
designing and aviation/airport friendly neighborhood, whereas the residents of the.planned
community would be permitted direct access to the airport environ. The concept is to
develop a community where all residents are acutely aware of the neighboring airport, and
generally speaking are desirous of living in an aviation themed community, it must be
made abundantly clear however that this will not be a fly-in community, but rather one with
a controlled access to the airport.
Further, staff will be coordinating efforts with the developer to devise an agreement, to
be signed' by each property owner, acknowledging that they are fully aware of the
existence of the adjacent airport.
Analysis: Onsite Management Group recently filed a land use amendment
application for a 134.381-acre parcel of land lying immediately north and adjacent to the
Sebastian Municipal Airport along Roseland Road. The property is currently zoned IN
(Industrial) with an IND (Industrial) land use designation, while the applicant desires to re-
zone the property to RS-10 (10,000 SF minimum lot size) with a comprehensive land use
designation of LDR (Iow density residential - up to 5 units/acre). 'Conceptual plans have
not yet been developed for the subject property. However, staff, including the Airport
.Director, have met with the applicant in hopes of designing and aviation/airport friendly
neighborhood, whereas the residents of the planned community would be permitted direct
access to the airport environ. The concept is to develop a community where all residents
are acutely, aware of the neighboring airport, and generally speaking are desirous of living
in an aviation themed community. It must be made abundantly clear however that this will
not be a fly-in community, but rather one with a controlled access to the airport.
The primary point of ingress and egress will be via an access easement running
northeasterly along the northwest boundary of the airpor[ to the southwest most corner of
the subject property. This access, as well as the proposed airport access, will be clearly
identified on the preliminary development plans once designed.
20. Conclusion: The requested land use ct~ange from IND to LDR is consistent with the
Comprehensive Plan, Land Development Code and Code of Ordinances. '
2'1. . : Staff recommends approval of the requested land use change.
DATE -- .
4
PLANNING AND ZONING COMMISSION
MINUTES OF F~EGULAF;~ MEETING OF OCTOBER 2, 2003
The vo'te was 6-0. Motion carried.
Public Hearing-Recommendationto City Council-Land Use Map
Amendment & Rezoning - Roseland Satellite Tract 3 - North of
Sebastian Airport - Industrial to Residential Single Family
Mr. Chuck Mechting, president of Onsite Management Group, Vero Beach, Florida
presented the application for a land use change from Industrial to Low Density
Residential and a zone change from Industrial to RS-10. Mr. Hass added that the
proposed land use and zone change is for 134. acres on Roseland Road just north of the
Sebastian Municipal Airport. Being adjacent to the airport will bring about some.
concerns and staff has worked with the applicant to design an aviation friendly
community. Along with Airport Director Jason Milewski, Mr. Hass designed an airport
disclosure form which the applicant will be required to give to alt homeowners coming
into the community providing them notice that they are in an airport environ. This
property has a 100' access easement running along the west and south side that is
actually on the airport property.
Mr. Mahoney inquired about the sale and ownership of the airport properties. Mr.
Stringer explained that the airport was broken off into four individual pieces, the city got
the largest piece, Collier Club is on Roseland Tract 2, and this is Roseland Tract 3.
There is another piece closer to city hall that is Tract 4. Mr. Allocco asked if the gate
access had to be approved by the FAA and Mr. Mechling affirmed stating that they
would be working with the city and FAA. Mr. Blessing had concerns with a residential
community so close to the airport. Mr. Mechling said as well as having the disclosure
document signed by owners they would have to drive across an easement on the airport
property to get to the subdivision.
Chmn. Smith opened the public portion of the hearing and the following residents gave
comments.
Bob Nespor, 12420 Roseland Road, Roseland, Florida was concerned about additional
air traffic from the.residents of this community. Tony Irwin, 7814 126"' Street, Roseland,
Florida was concerned about the trees and wildlife. Mary. Lynn. Waite, 12510 Roseland
Road, Roseland, Florida asked What effect the development would have on flooding and
said an industrial building Would have less of an impact. Mr. Mechling said when the
project gets to development stage environmental impact studies will have to be done.
There were no other public comments: Chmn. Smith closed the hearing at 7:41 p.m.
MOTION by Smith/Blessing
"1 make a motion [to recommend to city council] approval of the land use change from
Industrial to Low Density Residential [for the Roseland Satellite Tract 3]."
Roll Call:
Mr. Faille yes Mr. Keough (a) yes
Chmn Smith yes Mr. Altocco yes
Mr. Blessing no Mr. Mahoney yes
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003
The vote was 5-1. Motion carried.
MOT1ON by Allocco/Keough
"1 make a motion that we [recommend to city council to approve] the zone change from
Industrial to RS-10 on the Roseland Satellite Tract #3."
Roll Call:
Chmn. Smith yes Mr. Blessing no
Mr. Faille yes Mr. Keough (a) yes
Mr. Mahoney yes Mr. Allocco yes
The vote was 5-1. Motion carried.
PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND
USE MAP AMENDMENT & REZONING/CONCEPTUAL PLAN (FOR
ANNEXATION)- SEBASTIAN CROSSINGS- NW INTERSECTION CR510
& CR512- CG AND PUD-R
Mr. Mike Evans, 1682 W. Hibiscus Blvd., Melbourne, Florida presented the proposal for
a land use change and rezone of the subject property with approximately 14 acres
commercial and 45 acres residential.
Chmn Smith opened the public hearing at 7:45 p.m. Mr. Hass added that the proposed
density of the PUD-R is 2.91 units per acre, which is under the 3 units per acre threshold
that currently governs this property within the county. As this is just the conceptual plan
the lot sizes are not detailed in the presentation. Access points and storm water
drainage points have been shown on the plan. Detail plans and environmental issues
will be addressed at the preliminary stage of the project. All roads and drainage will
remain private and not the city's responsibility.
Mr. Mahoney asked for an explanation of available utilities. Mr. Hass said that they are
available in the service area and the developer would be required to extend the lines into
the project. There was discussion regarding the right-of-way width, sidewalks,
easements and lot sizes. Mr. AIIocco confirmed with Mr. Evans that there will be a
natural wooded buffer between the residential and commercial zones and was
concerned that there was a headstone at the Fellsmere Cemetery within 6' of the
property line. Mr. Evans said they were aware of that situation and was going to donate
a portion of the property to the cemetery.. Mr. Blessing asked how many homes were
proposed and Mr. Evans said approximately 135-137.
Comments from the public:
Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida, liaison officer for the
Sebastian Property Owners Association wanted to go on record that the property owners
association is categorically opposed to any reduction to lot sizes of 10,000 square feet,
any reduction to side yard clearances, and concerned about traffic problems that might
be brought up by access to existing streets. Mr. Smith asked Mr. Beckwith if this was his
personal opinion or the opinion of the membership by vote. Mr. Beckwith said it was by
approval by the board of directors. ~
There were no other public comments. Chmn Smith closed the hearing at 7:59 p.m.
Permit Application No.
City of Sebastian
~.,~.~.=~ Development Order Application
Applicant (If not owner, written authorization {notarized) from owner is required)
Address:
Phone Number: (~'7~) '~1~ - H ~-/'7 FAX Number. ('YT~) '7~- ~lqt ~
Owner (If different from applicant)
Title of permit or action requested:
PLF_~E COMPL.~'! ~- ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'FI'ACHED AND 8-1/2" BY '11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
B. Site Information
Address:
Lol: Block: Unit: Subdivision:
Indian River County Parcel #:
ZO - ~ g-'- ,:2_a.- 0 0 O0 1 - 00~0- OOOO.O
Zoning Classffication:~l~ I~r' i~( Future Land Use:
Existing Use:
Proposed Use:
Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
DATE RECEIVED:~
FEE PAID: $/.~'""~' 0
RECEIVED BY:~'~"~'~'~~..
Permit Application No.
D. Project Personnel:
..... Agent:
Phone Number: (~7'7.g_) ~1~ - L~ ~'"7"7 FAX Number. (-]?~L) '7~- ~ ! ~
E-Mail:
Attorney:
Address
PhoneNumben(~7~) ~-/cjg I ( F~Num~r: (g~)~- ~a~l
E-Man:
Engineer:
Phone Number: ( 7 ?o,~) ''/~ ~) ' M -7 O -7 FAX Number.
Surveyor:
Name:' b~(~/i U
Address
Phone Number:. ('7'7~,) ~'~ "7 'q ~-~ ~"
FAX Numbed ('77,.%) ~'-~?-
E-Mail:
~ T~G~ ~P~ENTATIVE OF THE O~ER OF THE PR~ER~ DESC~B~ WHICH IS THE SU~ECT ~R OF ~IS
~IC~~D ~T ~L T~E INFO~ATION, M~S, DATA ~D/~ S~CHES PROVIDED IN THIS ~PLICATION
As ~D~F~T~, T~S ~ 9AY OF C ~ ~ ~ ,20~.
NOTAR~S SIGNATURE ~%qa~ ~~ ~
PRINTED N~E OF NOT~Y ( ~/~ Ch~ i~O
C~MISSI~ NO.~PI~TION ~lD~ ~ ~ ~k
S~:
,,&'¢¢y~.~& Michetle Ann Monjar
=.'?-~..~. Commission #bD16301i$
~12_.. ~{~ Expires: Nov I 1, 2006
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including re2oning), site plans, conditional use permits, special use ~ variances,
exceptions, and appeals.
-
I/WE, THE OWNER(S) I HE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPER'PC DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE '~ _~'~S"~' ~ ~-"',.~.,.J
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MaY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
· PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTEPJNG OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTEPJNG OR VIE-WING.
THIS VV..'CTER AN{9-C~ IS BEJCii2 SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
Sworn to and sub. bed ~fore me by ~~ ~, ~~t ~
who is personally known to me or produced
as iden'tification, this °'~°t day of~.}
Notary's Signature
Printed Name of Notary
Commission No./Expiration
.Seal:
,,,~z~,.,,. Mlched., A. nn Monjar
..'~Z Commission #DD 16306~
~.- -'k~!;.~ Expires: Nov 11, 2000
Permit Application No.
Supplemental Information
Comprehensive Plan Amendment (Land Use)
A'rrACH ADDITIONAL PAGES IF NECESSARY.
1. Current land use map designation:
2. Proposed land use map designation:
3. Size of project in acres: / ~'0 'f'/- ~ror-d_.~
4. Descdbe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City.
Is the proposed amendment consistent with the other elements of the
comprehensive plan? If not, which one(s)? R/~ 5! ~ ~.. ~ E[iev~-
Is the proposed amendment in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? If not, which
Permit Application No.
What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
amendment? /NJ 0 Y~/-- ~t--~'J(' ['~ ~ ~-- ~- ~ ~Y' ~ 0 ~,
8. Is the proposed amendment compatible with the existing or future land uses of
thecity? Ifnot, whynot? ~v,~ ~,~I'~V-(.. '~ i
9. Are there adequate public facilities to serve the .proposed land use? If not, which
one(s) are not adequate?
10. Would the .proposed amendment result in a significant adverse impact on the
natural environment? If so, descdbe the impact.
Permit Application No.
11.
Would the proposed amendment adversely affect the property values of the
area, the genera! .health, safety and welfare and impact the financial resources
ofthecity? Ifso, descfibehow. I/~,]4 f~) ~0~' ~-~[1'8V¢__
12. Does the proposed amendment result in an ordedy development pattern? If
not, describe. ~'/¢. ~ -
13. Attached the following:
a. A verified statement showing each and every individual person having a
legal and/or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a. nationally
recognized stock exchange, in which case the name and address of the
corporation .and principal executive officers will be sufficient.
b. Attach a list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
c. A survey and legal description of the property for which the land use
amendment is being requested.
}IONI~ O~ PF~,LI~ ELAI~
City of Sebastian, Florida
Subject: First reading of Ordinance No. O-03-
24; land use amendment for a 60+/- acre tract of
land lying northwest of the intersection of CR 510
& 512, and hereinafter referred to as Sebastian
Crossings Subdivision.
Agenda No.
Department
Origin: owth Management
Tracy E. Hass
Date Submitted: December 4, 2003
For Agenda of: December 17, 2003
~ I
al Plan, Location Map, and P&Z recommendation, Application.
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None None REQUIRED: None
SUMMARY
Sebastian Crossings, LLC, recently filed an application for annexation of a 60+/- acre parcel of land lying northwest
of the intersection of CR 510 & 512, and hereinafter referred to as Sebastian Crossings Subdivision. The subject
property includes a 14.403 acre Parcel "A" to be designated for commercial use (CG) and the 45.691 acre parcel "B"
to be utilized for single-family residential (PUD-R). Land use/zoning applications accompany the annexation
request, together with the requisite and accompanying conceptual development plan. Additionally, within the county
the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use
designation and the applicant wishes to annex the property with a PUD-R (planned unit development-residential)
zoning, with a comprehensive land use designation of LDR (low density residential) for the 45.691 acre parcel and
commercial general (CG) for the 14.403 acre parcel. The conceptual plan outlines a total of 133 single-family lots
on 45.691 acres, for a proposed density of approximately 2.91 units/acre. The LDR land use category pemfits a
maximum of 5 units per acre.
Although details of the subdivision have been provided herein, this application entails only review for
consistency with the land use element of the comprehensive development plan. Further details regarding specific
site development plans will be provided during the rezoning/conceptual development plan review to follow upon
completion of the Department of Community Affairs review of this application. However, please feel free to
contact Growth Management staff should you have any question with regards to this application, or should you
desire to review the conceptual development plan.
RECOMMENDED ACTION
Conduct first public hearing.
Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance
the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will
Move to pass Ordinance No O-03-24 on first reading for transmittal to the Department of Community Affairs"
ORDINANCE NO. O-03-24
AN ORDINANCE OF TIlE CITY OF SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP
TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY
RESIDENTIAL (LDR) AND GENERAL COMMERCIAL (CG) FOR ANNEXED
LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY
RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 60
ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER
MIDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; AUTHORIZING
FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of Sebastian Crossings,
LLC, for an amendment to designate an initial land use for certain property considered for
annexation from its existing County Future Land Use Map designation of L-1 (Low-Density
Residential, 3 units per acre) to two parcels designated LDR (Low Density Residential) and CG
(Commercial General) in the City; and
WHEREAS, the City Council has considered the criteria identified in Section 20A-
11.8(c) of the Land Development Code and Florida Statutes together with the findings and
recommendations of its staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, thc City Council has considered the applicable provisions of the existing
Comprehensive Land Usc Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the
future development goals 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. 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:
See attached Exhibit "A"
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate thc following described property as
LDR (Low Density Residential):
Parcel "B" as set forth in the attached Exhibit "4 ";
and shall designate the following described property as Commercial Limited:
Parcel "A" as set forth in the attached Exhibit "A ";
in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance and annexation of the
property into the corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 17th day of
December, 2003, by Councilmember
Councilmember
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barezyk
Councilmember James A. Hill
Councilmember Nathan MeCollum
The motion was seconded by
and, upon being put to a vote, the vote was as follows:
ATTEST:
Sally A. Maio, CMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember
motion was seconded by Councilmember
the vote was as follows:
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
The
and, upon being put to a vote,
The Mayor thereupon declared this Ordinance duly passed and adopted this
,200 .
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
EXHIBIT "A"
PARCEL 'A'
LEGAL DESCRIPTION: (BY SURVEYOR)
A parcel of land lying in Section 22, Township 31 South, Range 38 East, Indian River
County, Flodda, being more particularly described as follows:
Beginning at the Northeast corner of the Southeast 114 of said Section 22; thence
South 00°12'10" West along the East line of the Southeast 1/4 of said Section 22,
said line also being the East line of lands described in Deed Book 0015, Page 0305,
of the Public records of said Indian River County, a distance of 867.71 Feet to the
POINT-OF-BEGINNING of the herein described parcel; thence continue South
00°12'10" West along the said East line of the Southeast 1/4 of said Section 22, a
distance of 101.34 Feet to the Northeast corner of Romar Subdivision, according to
the plat thereof, as recorded in Plat Book 10, Page 31, of the said Public records ol
Indian River County; thence South 80°52'01'' West along the North line of said
Romar Subdivision, a distance of 715.88 Feet tothe Northwest comer of said Romar
Subdivision; thence South 00°12'10" West along the West line of said Romar
Subdivision and it's Southerly extension, a distance of 221.00 Feet to the North
Right-of-Way line of County Road 512 (as described in F.D.O.T. Maintenance Map
88040-2515); thence run along said North Right-of-Way line for the following seven
calls: North 89°39'26" West, a distance of 161.45 Feet; thence North 89°5 ~'37"' West,
a distance of 200.09 Feet; thence North 89°42'12.. West, a distance of 199.94 Feet;
thence North 88°33'28'. West, a distance 0f100.02 Feet; thence North 81°4.4'02" West,
a distance of 100.98 Feet; thence North 82°51'38" West, a distance of 100.72 Feet;
thence North 89°42'12" West, a distance of 119.41 Feet to the Southeast corner of
lands described in O.R. Book 0697, Page 0901, of the said Public records of Indian
River County; thence North 00008'39" East along the East line of said O.R. Book
0697, Page 0901, a distance of 355.08 Feet; thence leaving said East line run North
65°57'41" East, a distance of 588.45 Feet; thence North 82"19'08" East, a distance of
448.89 Feet to the West line of said Deed Book 0015, Page 0305; thence South
00°12'10'' West along said West line, a distance of 364.81 Feet; thence North
80°52'01" East along the South line of said Deed Book 0015, Page 0305, a distance
of 715.88 Feet to the POINT-OF-BEGINNING.
Containing 14.403 Acres of land more or less.
PARCEL 'B'
LEGAL DESCRIPTION: (BY SURVEYOR)
A parcel of land lying in Section 22, Township 31 South, Range 38 East, Indian River
County, Florida, being more particularly described as follows:
Beginning at the Northeast comer of the Southeast 1/4 of said Section 22, said point
being the POINT-OF-BEGINNING of the herein described parcel; thence run North
89°47'24" West along the South line of the South 112 of the Northeast 1/4 of said
Section 22, said line also being the North line of lands described in Deed Book 0015,
Page 0305, of the Public records of said Indian River County, a distance of 209.00
Feet; thence South 00"12'10" West along the West line of said Deed Boo k 0015, Page
0305, a distance of 238.46 Feet; thence leaving said line run South 37°40'~J3'' West,
a distance of 80.10 Feet to a point on the North line of said Deed Book 0015, Page
0305; thence North 89"47'50" West along the North line of said Deed Book 0015,
Page 0305, a distance of 448.66 Feet; thence South 00°12'10'' West along the West
line of said Deed Book 0015, Page 0305, a distance of 317.03 Feet; thence South
82°19'08'' West, a distance of 448.89 Feet; thence South 65°57"41'' West, a distance
of 588.45 Feet to the East line of lands described in O.R. Book 0697, Page 0901, of
the said Public records of Indian River County; thence North 00°08'39" East along
said East line, a distance of 1,586.20 Feet a point on the North line of the South 1/2
of the Northeast 1/4 of said Section 22, said line also being the South line of lands
described in O.R. Book 1092, Pages 0616-0620, of the said Public records of Indian
River County; thence South 89"47'50" East along said North and South line, a
distance of 1,691.79 Feet to a point the East line of the Northeast 1/4 of saic~ Section
22; thence South 00°25'23" West along said East line, a distance of 663.99 Feet to
/he POINT-OF:BEGINNING.
Containing 45.691 Acres of land more or less.
CR 512
ooooo
Section 22 37l
map # 0Z31 co
by the Indian River County Property At
=
Growth Management Department
Comprehensive Plan Amendment Application
Staff Report
Project Name:
Sebastian Crossings
Requested Action: Land Use Change from L-1 (County) to LDR and CG
Project Location
a. Address: Northwest of the intersection of CR 512 and CR 510
b. Legal: See site plan
Indian River County Parcel Number: 31-38-22-00000-1000-00002.0
31-38-22-00000-5000-00001.2
Project Owner:
Sebastian Crossings, LLC
1682 W. Hibiscus Blvd.
Melbourne, Florida 322901
(321) 953-3300
fax: 321- 984-2890
Project Agent:
Mosby & Associates, Inc.
Bruce Moia, P.E.
2455 14t~ Avenue
Vero Beach,.FIorida 32960
772-569-0035
fax: 772-778-3617
Project Engineer: Same as above
Project Surveyor:
William Mott Land Surveying,, Inc.
1275 S. Patrick Drive, Suite H
Satellite Beach, Florida 32937
321-773-4323 fax: 321-777-4795
Project Description
Narrative of proposed action: Sebastian Crossings, LLC, recently filed an
application for annexation of a 60+/- acre parcel of land lying northwest of the
intersection of CR 510 & 512, and hereinafter referred to as Sebastian Crossings
Subdivision. The subject property includes a 14.403 acre Parcel "A" to be
designated for commercial use and the 45.691 acre parcel "B" to be utilized for
single-family residential. Land use/zoning applications accompany the annexation
o
request, together with the requisite and accompanying conceptual development
plan. Additionally, within the county the property is currently zoned A-1
(Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use
designation and the applicant wishes to annex the property with a PUD-R (planned
unit development-residential) zoning, with a comprehensive land use designation
of LDR (Iow density residential). The conceptual plan outlines a total of 133 single-
family lots on 45.691 acres, for a proposed density of approximately 2.91
units/acre. The LDR land use category permits a maximum of 5 units per acre.
Current Zoning:
Adjacent Properties
North:
East:
South:
West:
d.
Zoninq
CON-1
RS-20
A-1 (County)
CL
A-1
CL
A-1
Site Characteristics
A-1 (County - Agriculture)
Current Land Use
Future Land Use
Conservation C-1
Single Family/Vacant LDR
Cemetary L1
Speedway Gas Station C/I
Vacant L-1 (County)
Vacant C/I
Middle School L-I (County)
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
,,a. Future Land Use: Consistent
b. Traffic Circulation: Consistent
60.094 acres
Vacant
Riviera, Wabasso
Various Material
Zone A, AE and X
Indian River County Utilities
Indian River County Utilities
Sebastian River Buffer Preserve - adjacent
Sebastian Police 4 miles
County Fire - 2 miles
c: Public Facilities: Consistent
d. Housing: Consistent
e. Coastal Management:
Consistent
f. Recreation and Open Space: Consistent
g. Conservation: Consistent
h.. Intergovernmental Coordination: Consistent
10. Conformance'with Code of Ordinances: Consistent
11.
Changed Conditions: Vacant agriculturally zoned property, with proposed change to
single-family residential and commercial.
12.
Land Use Compatibility: Subject property is adjacent to agricultural, residential,
institutional and commercial land uses. Low density single-family residential, coupled with
14.4 acres of commercial, provides for consistency with relation to future growth 'and
development.
13.
Adequate Public Facilities: Provided - public utilities (water, wastewater) will be
incorporated within the development of the proposed PUD, and on-site stormwater tracts
are also incorporated in the proposal.
14.
Natural Environment: The proposed PUD will be required to contain minimum open
space and recreation areas in accordance with minimum standards as established by the
comprehensive plan, The preliminary development plan will be required to demonstrate
proper compliance with this regulation.
15.
Economic Effect: provided - The property is currently not within the corporate limits of
the City of Sebastian. Annexation will provide an additional 60.094 +/- acres of land area
and a maximum of 133 residential units, which in turn creates an expanded tax base for
the City of Sebastian.
16,
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential/commercial property
and availability of sufficient public facilities and access.
17.
Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
incorporate and/or annex enclave parcels within incorporated cities. Although the property
in question is not an enclave, it is adjacent to the urban service area, and would most likely
be better served by municipal services. The City does not permit agricultural use and the
proposed change to a single-family and commercial development is consistent with the
future goals and objectives of the City of Sebastian. Therefore, staff finds that the
proposed annexation/land use change is not in conflict with public interest.
18.
Other Matters: The requested land use change and accompanying rezoning will
provide consistency with the future land use map of the comprehensive plan.
Annexation of the parcels will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of properties adjacent to the urban
service area.
The proposed land use change will create a slightly greater impac't on water,
wastewater, drainage and solid waste facilities.
19.
Analysis: Sebastian Crossings, LLC, recently filed an application for annexation of a
60+/- acre parcel of land lying northwest of the intersection of CR 510 & 512, and
hereinafter referred to as Sebastian Crossings Subdivision. The subject property includes
a 14.403 acre Parcel "A" to be designated for commercial use and the 45.691 acre parcel
"B" to be utilized for single-family residential. Land use/zoning applications accompany the
annexation request, together with the requisite and accompanying conceptual
development plan. Additionally, within the county the property is currently zoned A-1
(Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation
and the applicant wishes to annex the property'with a PUD-R (planned unit development-
residential) zoning, with a comprehensive land use designation of LDR (Iow density
residential). The conceptual plan outlines a total of 133 single-family lots on 45.691 acres,
for a proposed density of approximately 2.91 units/acre. The LDR land use category
permits a maximum of 5 units per acre.
20.
Conclusion: The requested land use change from L-1 (County) to LDR is consistent
with the Comprehensive Plan, Land Development Code and Code of Ordinances.
21.
Recommendation: Staff recommends approval of the requested land use change
with the following condition:
~ City/Council.
PR~AR~D B~
The land use change shall be conditioned upon receipt of annexation approval by
DA'FE
4
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003
The vote was 5-1. Motion carried.
MOTION by Allocco/Keough
make a motion that we [recommend to city council to approve] the zone change from
Industrial to RS-10 on the Roseland Satellite Tract #3."
Roll Call:
Chmn. Smith yes Mr. Blessing no
Mr. Faille yes Mr. Keough (a) yes
Mr. Mahoney yes Mr. Allocco yes
The vote was 5-1. Motion carried.
PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND
USE MAP AMENDMENT & RE.ZONING/CONCEPTUAL PLAN (FOR
ANNEXATION) - SEBASTIAN CROSSINGS - NW INTERSECTION CR510
& CR512- CG AND PUD-R
Mr. Mike Evans, 1682 W. Hibiscus Blvd., Melbourne, Florida presented the proposal for
a land use change and rezone of the subject property with approximately 14 acres
commercial and 45 acres residential.
Chmn Smith opened the pu'btic hearing at 7:45 p.m. Mr. Hass added that the proposed
density of the PUD-R is 2.91 units per acre, which is under the 3 units per acre threshold
that currently governs this property within the county. As this is just the conceptual plan
the lot sizes are not detailed in the presentation. Access points and storm water
drainage points have been shown on the plan. Detail plans and environmental issues
will be addressed at the preliminary stage of the project. All roads and drainage will
remain pdvate and not the city's responsibility.
Mr. Mahoney asked for an explanation of available utilities. Mr. Hass said that they are
available in the service area and the developer would be required to extend the lines into
the project. There was discussion regarding the right-of-way width, sidewalks,
easements and lot sizes. Mr. Allocco confirmed with Mr. Evans that there will be a
natural wooded buffer between the residential and commercial zones and was
concerned that there was a headstone at the Fellsmere Cemetery within 6' of the
property line. Mr. Evans said they were aware of that situation and was going to donate
a portion of the property to the cemetery.. Mr. Blessing asked how many homes were
proposed and Mr. Evans said approximately 135-137.
Comments from the public:
Clive Beckwith, 465 Lighthouse Avenue, sebastian, Florida, liaison officer for the
Sebastian Property Owners Association wanted to go on record that the property owners
association is categorically opposed to any reduction to lot sizes of 10,000 square feet,
any reduction to side yard clearances, and concerned about traffic problems that might
be brought up by access to existing streets. Mr. Smith asked Mr. Beckwith if this was his
personal opinion or the opinion of the membership by vote. Mr. Beckwith said it was by
approval by the board of directors.
There were no other public comments. Chmn Smith closed the hearing at 7:59 p..m.
3
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003
Mr. Stringer directed the commission that they could either note for the record they are
deferring their decision on minimum lot sizes until they come in or set something right
now. Mr. Hass referenced the presentation at city council regarding lot sizes and
setbacks and said that the council did not outline specific criteria but tried to outline
minimums that we should negotiate out with developers and basically look to remain
consistent with land use categories as they come into the city. An example would be if a
site were L1 County at 3 units per acre we would try to keep the development at 3 units
per acre in the city. Regarding setbacks, 7 to 7 ½ feetwoutd be acceptable. Lot sizes
would be established by density and setbacks. There is no establishment of firm
minimum boundaries at this particular point and that is what PUD's are all about,
negotiating out these issues.
MOTION by Smith/Blessing
make a motion [to recommend to city council] approval for the land use change from
L1 County to Low Density Residential and Commercial General"
Roll Call:
Mr. Faille yes Mr. Allocco yes
Mr. Mahoney yes Chmn. Smith yes
Mr. Blessing yes Mr. Keough (a) yes
The vote was 6-0, Motion carried.
MOTION by Smith/Blessing
"I make a motion [to recommend to city council] approval of the zoning designation
request for PUD-R"
Roll Call:
Mr. Faille yes Mr. Keough (a) yes
Chmn Smith yes Mr. Allocco yes
Mr. Blessing yes Mr. Mahoney yes
The vote was 6-0. Motion carried.
MOTION by AlloccolKeough
"I make a motion [to recommend to city council] approval of the zoning designation
request for CG"
Roll Call:
Mr. Faille yes Mr. Allocco yes
Mr. Mahoney yes Chmn Smith ' yes
Mr. Blessing yes Mr. Keough ('a) yes
The vote was 6-0. Motion carried.
PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND
USE MAP AMENDMENT & REZONING/CONCEPTUAL PLAN (FOR
ANNEXATION) - RIVER OAKS PRESERVE - LANFAIR AVE & ~
LIGHTHOUSE AVE SOUTH TO CR510- PUD-R
4
City of Sebastian
Development Order Application
Permit Application No.
Applicant (if not owner, written authorization (notarized) from owner is required)
Name: Sebastian Crossings, LLC
Address: 1682 W. Hibiscus Blvd., Melbourne, FL 32901
Phone Number: (321) 953 - 3300 FAX Number: (321) 984 - 2890
E-mail: Elizabeth@fmdc.cc
Owner (if different from al~131icant)
Name: CR'F - Panther II, LLC
Address: 500 S. Florida Ave., Suite 800, Lakeland, FL 33801
Phone Number: ( 863 ) 647 - 5537 FAX Number: ( 863 ) 647 - 5012
E-maiD: tcampbell@ccmattorneys.com
Type of permit or action requested: Land Use
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE
REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 ~" BY 11" COPIES OF ANY
ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM.
A. Project's Name (if applicable):
B. Site Information
Address: See attached legal
Lot: Block: Unit: Subdivision:
Indian River Countv Parcel #: 22-31-38/00000 1000 02.0
Zonina Classification: County A1 Future Land Use: County L-1
Existina Use: Vacant Prooosed Use: Mixed Use Develooment
C. Detailed description of proposed activity and purpose of the requested permit
or action (attach extra sheets if necessary):
See Attachment 1
DATE RECEIVED: ~:~, I_J__l D3
FEE PAID: $~)'D .c.~
RECEIVED B~~)
Permit Application No.
D. Project Personnel:
Agent:
Name: Mike Evans and Elizabeth Kennedy
Address: 1682 W. Hibiscus Blvd., Melbourne, FL 32901
Phone Number: / 321) 953 - 3300 FAX Number: (321) 984 - 2890
E-maih elizabeth@fmdc.cc
Attornev:
Name: Timothy F. Campbell, Esquire, Clark, Campbell & Mawhinney, P.A.
Address: 500 S. Florida Ave., Suite 800, Lakeland, FL 33801
Phone Number: (863) 647-5337 FAX Number: (863) 647-5012
E-mail: tcampbell@ccmattomeys.com
En.qineer:
Name: Mosby & Associates
Address: 2455 14th Avenue, Post Office Box 6368, Veto Beach, FL 32961-6368
Phone Number: / 772) 569-0035 FAX Number: (772) 778-3617
E-mail: mosby001@yahoo.com
Surveyor:
Name: William Mort Land Surveying, Inc.
Address: 3716 N. Wickham Rd., Suite 3, Melbourne, FL 32935
Phone Number: ( 321 ) 751 - 4444 FAX Number: (321) 777 - 4445
E-mail: PLS5060@wmlsi.com
I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT
MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED
IN THIS APPLICATI¢~N ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
..'8/1/03
SIGNATURE DATE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
SWORN AND SUBSCRIBED BEFORE ME BY
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS 1st DAY OF August ,2003 .
NOTARY'S SIGNATURE St~acy{
· / ale
._q T/~y HALE
Notary Public, State of Fiorida
My comm. exp. June ! ~, 2006
0omm. No. DB 124556
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions and appeals.
INVE,~THEOWNER(S) X THE LEGAL REPRESENTATIAVE OF THE OWNER OF THE PROPERTY
DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF
THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE
PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF
THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE
PROPERTY, INCLUDING ANY CLAIM OR ASSERTATION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE
PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE
VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY
COERSION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE
CITY OF SEBASTIAN.
~ ~'-~'~ ,~,,¢ 8/1/03
SIGNATURE DATE
Sworn and subscribed before me by
Who is personally known to me or produced
As identification, this 1st
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
P. Michael Evans
day of August ,2003
STAOY HALE
Notary Public, State of Florida
My comm. exp. ,June 11, 2006
Oomm. No. BI} 124556
Permit Application No.
Supplemental InfOrmation
Comprehensive Plan Amendment (Land Use)
A'~i'ACH ADDITIONAL PAGES IF NECESSARY.
1. Current land use map designation: L-1
2. Proposed land use map designation:
'Commercial General (CG)
3. Size of project in acres:
60.12+/-
Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City. The proposed
use is in conformance with the elements of the Comprehensive
Plan and other applicable ordinances.
5. Is the proposed amendment consistent with the other elements of the
comprehensive plan? If not, which one(s)? Yes
Is the proposed amendment in co"!'~rmance with appliCable substantive
requirements of the city of Sebastic,'~ Code of Ordinances? If not, which
one(s)? Ye~
permit Application No.
What land use and development chan'.;es have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
amendment? Several pareel~q ~n the v~e~ntty ~: ~h~ ~-it'e
8. Is the proposed amendment compatib!.'-. 'vith the existing or future land uses of
the city? If not, why not? 7es
9. Are there adequate public facilities to serv: the proposed land use? If not, which
one(s) are not adequate? Yes
10. Would the proposed amendment result" a significant adverse impact on the
natural environment? If so, describe th :pact. No
Permit AppliCation No.
11.
Would the proposed amendment ad,,
area, the general .health, safety and w6
of the city? If so, describe how. t4o
iy affect the property values of the
:'e and impact the financial resources
12. Does the proposed amendment result
not, describe. Yes
an orderly development pattern? If
13. Attached the following:
a. A verified statement showing e¢
legal and/or equitable ownershiF
publicly held corporations wh
recognized stock exchange, in
corporation, and principal execut!'~
b. Attach a list of the names and r-
property within three hundred (3{
c. A survey and legal descriptic:
amendment is being requested.
::! every individual person having a
;~'.~st in the subject property except
.-:ock is traded on a nationally
· -':se the name and address of the
-"rs will be sufficient.
-::,s of all owners of parcels of real
~: of the parcel to be considered.
property for which the land use
City of Sebastian, Florida
Subject: First reading of Ordinance No. O-03-
26; land use amendment for a 152.21- acre tract
of land along CR 510 approximately % miles east
of 82nd Avenue, and hereinafter referred to as
River Oaks Preserve.
Agenda No. 0 3- 2/-'/_3
Department Origin: Growth Management
raoy .
Date Submitted: December 4, 2003
For Agenda of: December 17, 2003
Exhibits.'~rdin~nce No. 0-03-26, Conceptual Plan, Location Map, and P&Z recommendation, Application.
EXPENDITURE
REQUIRED: None
AMOUNT BUDGETED:
None
IAPPROPRIATION
REQUIRED: None
SUMMARY
WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development Inc., recently filed an application for annexation of a
152.21-acre parcel of land along CR 510 approximately ~ miles east of 82nd Avenue, and hereinafter referred to as
River Oaks Preserve. Land use and zoning applications accompany the annexation request, along with the requisite
and accompanying conceptual development plan. Additionally, within the county the property is currently zoned A-
l (Aghcultural) with an R (Low Density Residential, 1 unit per acre) land use designation and the applicant wishes
to annex the property with a PUD-R (planned unit development-residential) zoning, with a comprehensive land use
designation of LDR (low density residential). The conceptual plan outlines a total of 368 lots on 152.21 acres, for a
for a proposed density of approximately 2.42 units/acre. The LDR land use category permits a maximum of 5 units
per acre.
Although details of the subdivision have been provided herein, this application entails only review for
consistency with the land use element of the comprehensive development plan. Further details regarding specific
site development plans will be provided during the rezoning/conceptual development plan review to follow upon
completion of the Department of Community Affairs review of this application. However, please feel free to
contact Growth Management staff should you have any question with regards to this application, or should you
desire to review the conceptual development plan.
RECOMMENDED ACTION
Conduct first public hearing.
Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to
the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be
conducted.
"Move to pass Ordinance No O-03-26 on first reading for transmittal to the Department of Community Af~
ORDINANCE NO. 0-03-26
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW
DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE
01) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF
CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS
PRESERVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of WCG/Neel-Schaffer,
Inc., on behalf of Wolfe Development, Inc., for an amendment to designate an initial land use for
certain property considered for annexation fi.om its existing County Future Land Use Map
designation of R (Residential, 1 unit per acre) to a City designation of LDR (Low Density
Residential); and
WHEREAS, the City Council has considered the criteria identified in the Land
Development Code and Florida Statutes together with the findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals 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. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real
property, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
PARCEL 1:
West ½ less the West 40 acres of the Southeast ¼ of Section 25, Township 31 South,
Range 38 East, less right-of-way for County Road 510;
Together with
PARCEL 2:
The South 100 feet of the North ½ of the Northeast ¼ of Southeast ¼ and South ½ of
Northeast ¼ of Southeast ¼ and Southeast ¼ of Southeast ¼; less canal fight-of-way:
less South 40 feet for road right-of-way, Section 25, Township 31 South, Range 38
East. Said parcel containing 60.74 acres more or less;
Together with
PARCEL 3:
East ½ of Northeast ¼ of Southwest ¼, less canal right-of-way Section 25, Township 31
South, Range 38 East;
Together with
PARCEL 4:
North ½ of the West 40 acres and the East 10 acres of the South ½ of the West 40 acres
of the Southeast ¼ of Section 25, Township 31 South, Range 38 East less right-of-way
for County Road 510;
containing a total of 152.21 acres more or less.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to thc authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 17th day of
December, 2003, by Councilmember
Councilmember
Mayor Walter Barnes
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
· The motion was seconded by
and, upon being put to a vote, the vote was as follows:
ATTEST:
Sally A. Maio, CMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember
motion was seconded by Councilmember
the vote was as follows:
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
The
and, upon being put to a vote,
The Mayor thereupon declared this
,200__.
Ordinance duly passed and adopted this
CITY OF SEBASTIAN, FLORIDA
day of
ATTEST:
By:
Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, CMC
City Clerk
City Attorney
3OOO 3000
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Section 25 31s-38e
map # 08.06 compiled 07116/02
by the Indian River County Property Appraiser's Office
page 1-90
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Growth Management Department
Comprehensive Plan Amendment Application
Staff Report
Project Name:
River Oaks Preserve
Requested Action: Land Use Change from R (County) to LDR
Project Location
a. Address: CR 510 approximately % miles east of 82nd Avenue
b. Legal: See Survey
Indian River County Parcel Number: 31-38-25-00000-5000-00003,0
31-38-25-00000-7000-00004.0
31-38-25-00000-7000-00003.0
31-38-25-00000-7000-00002.0
Project Owner:
Wolfe Development, Inc.
c/o Coastal Capital
747 Pontiac Avenue, Suite 309
Cranston, RI 02910
(401) 751-6510 fax: (401) 751-6512
Pr~ect Agent:
Rick J. Melchiori
WCG/NeeI-Schaffer, Inc.
2145 14th Avenue, Suite 24
Vero Beach, Florida 32960
772-770-4707
fax:. 772-770-4640
Project Engineer: Same as Agent
Project Surveyor:
David M. Jones
P.O. Box 650674
Vero Beach, Florida 32960
772-567-9875
fax: 772-567-9172
Project Description
Narrative of proposed action: WCG/NeeI-Schaffer, Inc., on behalf of Wolfe
Development Inc., recently filed an application for annexation of a 152.21-acre
parcel of land along CR 510 approximately % miles east of 82"d Avenue, and
hereinafter referred to as River Oaks Preserve. Land use and zoning applications
accompany the annexation request, along with the requisite and accompanying
conceptual development plan. Additionally, within the county the property is
currently zoned A-1 (Agricultural) with an R (Low Density Residential, 1 unit per
acre) land use designation and the applicant wishes to annex the property with a
PUD-R (planned unit development-residential) zoning, with a comprehensive land
use designation of LDR (Iow density residential). The conceptual plan outlines a
total of 368 lots on 152.21 acres, for a for a proposed density of approximately
2.42 units/acre. The LDR land use category permits a maximum of.5 units per
acre.
Current Zoning:
A-1 (County - Agriculture)
Adjacent Properties
Zoninq Current Land Use
North: RS-10 Single-Family/Vacant
East: RS-10 ' Single Famil'yNacant
A-1 (County) Agricultural
South: A-1 Agricultural
West: A-I' Agricultural
d. Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
a. Future Land Use: Consistent
Traffic Circulation: Consistent
Future Land Use
LDR
LDR
R
AG-1 (County)
AG-1 (County)
152.21 acres
Agricultural (Citrus Groves)
Riviera, Wabasso
Citrus Trees
Zone A, AE and X
Indian River County Utilities
Indian River County Utilities
Sebastian River Buffer Preserve- 1/2 mile
Sebastian Police 7 miles
County Fire - 5 miles
2
10.
11.
12.
13.
14.
15.
16.
17.
c: Public Facilities: Consistent
d. Housing: Consistent
e. Coastal Management: Consistent
f. Recreation and Open Space: Consistent
g. Conservation: Consistent
h. Intergovernmental Coordination: Consistent
Conformance with Code of Ordinances: Consistent
Changed Conditions: Active citrus grove, with proposed change to single-family
residential.
Land Use Compatibility: Subject proPerty is adjacent to agricultural and residential,
land uses. Low density single-family residential provides for consistency with relation to
future growth and development.
There will be a negligible impact created by the proposed land use change due to the
similarity of existing uses in the area.
Adequate Public Facilities: Provided - public utilities (water, wastewater) will be
incorporated within the development of the proposed PUD, and on-site stormwater tracts
are also incorporated in the proposal.
Natural Environment: The proposed PUD will be required to contain minimum open
space and recreation areas to satisfy standards as established by the comprehensive
plan. The preliminary development plan will be required to demonstrate proper
compliance with this regulation.
Economic Effect: The property is currently not within the corporate limits of the City of
Sebastian. Annexation will provide an additional 152+/- acres of residentially zoned
taxable land area, which will create an expanded tax base .for the City of Sebastian.
Orderly Development: The proposed land use change is consistent with the
comprehensive plan and the proposed land use change provides for orderly
development given the location of the site adjacent to residential property and
availability of sufficient public facilities and access.
Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
incorporate and/or annex enclave parcels within incorporated cities. Although the property
in question is not an enclave, it is adjacent to the urban service area, and would most likely
be better served by municipal services. The City does not permit agricultural use and the
proposed change to a single-family development is consistent with the future goals and
objectives of the City of Sebastian. Therefore, staff finds that the proposed
annexation/land use change is not in conflict with public interest. ,~~
3
18.
Other Matters: The requested land use change and accompanying rezoning will
provide consistency with the. future land use map of the comprehensive plan.
Annexation of the parcels will demonstrate compliance with goals and objectives as
outlined in the comprehensive plan for annexation of properties adjacent to the 'urban
service area.
The proposed land use change will create a slightly greater impact on water,
wastewater, drainage and solid waste facilities.
19.
Analysis: WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development Inc., recently
filed an application for annexation of a 152.21-acre parcel of land along CR 510
approximately % miles east of 82"d Avenue, and hereinafter referred to as River Oaks
Preserve. Land use and zoning applications accompany the annexation request, along
with the requisite and accompanying conceptual development plan. Additionally, within
the county the property is currently zoned A-1 (Agricultural) with an R (Low Density
Residential, 1 unit-per acre) land use designation and the applicant wishes to annex the
property with a PUD-R (planned unit development-residential) zoning, with a
comprehensive land use designation of LDR (Iow density residential). The conceptual
plan outlines a total of 368 lots on 152.21 acres, for a proposed density of approximately
2.42 units/acre. The LDR land use category permits a maximum of 5 units per acre.
20.
Conclusion: The requested land use change from R (County) to LDR is consistent
with the Comprehensive Plan, Land Development Code and Code of Ordinances.
21.
Recommendation: Staff recommends the Planning and Zoning Commission
recommend approval to City Council the requested land use change with the following
condition:
the Cit~ Council.
The land use change shall be conditioned upon receipt of annexation approval by
DA~E ~
4
'PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003
Mr. Stringer directed the commission that they could either note for the record they are
deferring their decision on minimum lot sizes until they come in or set something right
now. Mr. Hass referenced the presentation at city council regarding lot sizes and
setbacks and said that the council did not outline specific criteria but tried to outline
minimums that we should negotiate out with developers and basically look to remain
consistent with land use categories as they come into the city. An example would be if a
site were L1 County at 3 units per acre we would try to keep the development at 3 units
per acre in the city. Regarding setbacks, 7 to 7 ½ feet would be acceptable. Lot sizes
would be established by density and setbacks. There is no establishment of firm
minimum boundaries at this particular point and that is what PUD's are all about,
negotiating out these issues.
MOTION by Smith/Blessing
"1 make a motion [to recommend to city council] approval for the land use change from
L1 County to Low Density Residential and Commercial General"
Roll Call:
Mr. Faille yes Mr. Allocco yes
Mr. Mahoney yes Chmn. smith yes
Mr. Blessing yes Mr. Keough (a) yes
The vote was 6-0. Motion carried.
MOTION by Smith/Blessing
"1 make a motion [to recommend to city council] approval of the zoning designation
request for PUD-R"
Roll Call:
Mr. Faille yes Mr. Keough (a) yes
Chmn Smith yes Mr: AIIocco yes
Mr. Blessing yes Mr. Mahoney yes
The vote was 6-0. Motion carried.
MOTION by Allocco/Keough
"1 make a motion [to recommend to city council] approval of the zoning designation
request for CG"
Roll Call:
Mr. Faille yes Mr. Allocco yes
Mr. Mahoney yes Chmn Smith ' yes
Mr. Blessing yes Mr. Keough (.a) yes
The vote was 6-0. Motion carried.
D. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL- LAND
USE MAP AMENDMENT & REZONING/CONCEPTUAL PLAN (FOR
ANNEXATION) - RIVER OAKS PRESERVE - LANFAIR AVE &
LIGHTHOUSE AVE SOUTH TO CR510 - PUD-R
4
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003
Mr. Rick Melchiori with WCG/NeeI-Schaffer, 2145 14"' Av. enue, Vero Beach, Flodda
presented the appticatior~. It is approximately 152 acres with 368'proposed residential
units. The lots are 70' and 55' wide with proposed 7 ½' setbacks. The subdMsion.will
incorporate underground utilities, storm water management systems, preservation tracts,
open space, etc. Chmn Smith opened the hearing at 8:24 p.m. Mr. Hass said this
proposal is for 2.42 units per acre. Although the applicant has submitted detailed
information, we are only looking at the conceptual which is the street layout, drainage, lot
sizes, density, etc. The main access point will be at CR510 making this the first
extension to the city south to 510.'The site also connects to Sebastian Highlands to the
north however the details of this connection have not been finalized and since it is not a
straight road we are not concerned about this generating high traffic. The lots vary from
55' wide to over 100' wide. There is an extensive amount of conservation preservation
tracts, recreational amenities, parks, and standard drainage tracts. Mr. Stringer
explained that staff really couldn't look at one per acre as it is within the urban service
area. The county would have rezoned this but about three years ago they suggested to
applicants for rezone within the urban service area inside of 510 to annex into
Sebastian. Mr. Melchiori added that the count), did .in fact tell them to contact Sebastian
instead of applying for a rezone. Mr. Hass said the submitted plans did incorporate the
minimum side setbacks of 7 ½' and everything is consistent with the direction city council
has given staff.
Mr. Mahoney discussed lot sizes and setbacks. Mr. AIIocco noted that the site is in a
flood zone and questioned if it would remain so after the site is elevated. Mr. Melchiori
said water district management rules require compensating volume within the flood zone
for any areas that we fill. Mr. Allocco also brought up concerns the school board has
with increased development. Mr. Hass addressed this issue saying it is a state
mandated requirement that these are reviewed with school concurrency. Beginning next
year all of these projects will be reviewed thoroughly by the school board through the
county, which will coordinate the reviews for school concurrency. Mr. Blessing inquired
about the road width and Mr. Melchiori said it would be a standard subdivision road
same as Collier Club. Mr. Hass added that the county is currently entering into
negotiations with the state DOT for the improvements slated for 510 and the engineering
firms for this project are taking into consideration the effect of these and future projects
on 510.
The following people spoke on this application:
Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida asked what is to become of
the large stand of trees that parallels Lighthouse Avenue. Mr. Melchiori said it is
designated as a preserYe and the trees will remain and they are trying to work around a
200-year old oak to preserve as an amenity.
John Robbins, 1851 Shakespeare Street, Sebastian, Flodda requested clarification
regarding the lot configuration and buffer and noted his concern about the eagle and
panther seen in that area. Mr. Melchiori said environmental studies would be done prior
to development.
Mike Lily, 1820 Ocean Breeze Street, Sebastian, Florida would prefer to have 25' rear
yard setbacks. He also questioned proposed modifications to be done to the dyer.
5
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003
Michael Roth, 474 Memorial Avenue, Sebastian, FIodda Was concerned about the trees
and wildlife that would be affected by the development.
Chmn Smith closed the hearing at 8:56 p.m.
MOTION by Keough/Allocco
"1 make.a motion to [recommend to city council] approval of the land use change from R
County to LDR"
Roll Call:
Mr. Faille yes Mr. Blessing yes
Chmn Smith yes Mr. Keough (a) yes
Mr. Mahoney yes Mr. Allocco yes
The vote was 6-0. Motion carried.
MOT]ON SmithlAltocco
"1 make a motion to [recommend to city council] approval of the rezone from A1 County
to PUD-R"
Roll Call:
Mr. Faille yes Mr. Blessing yes
Chmn Smith yes Mr. Keough (a) yes
Mr. Mahoney yes IVlr. Allocco yes
The vote was 6-0. Motion carried.
CHAIRMAN MATTERS:
MEMBER MATTERS'
None
Mr. Mahoney was pleased tosee that Rich Stringer will remain as city attorney. Mr.
Keough asked if a workshop or training could be scheduled for the new members and
Mr. Seetey agreed. Mr. Smith said he had discussed this with Mr. Hass and Mr. Stringer
and they are trying to get something together. Mr. AIIocco asked if aerials of application
sites could be included in the packets and Mr. Hass didn't think that would be a problem.
Mr. Blessing requested an amendment to the LDC to include a new Iow-density
designation. Mr. Hass said the Iler Planning Group is working on updating the
Comprehensive Plan and this is being reviewed within that. Mr. Stringer added that the
Land Development Code is tied directly to the Comprehensive Plan and this type of
change cannot be done without a Comprehensive Plan revision. Mr. Smith asked if
there was a date for the Beachwalk Preserve to return to the agenda and Mr. Hass said
the earliest may be November 6 but he has not heard from the applicant yet. Mr. Faille
asked for a clarification of cluster housing. Mr. Stringer explained it is where you group
the homes together and surround them with open space, which decreases the impact to
the neighbors of the development. By doing this it provides the benefits of having large
tracts of undeveloped land and they are able to upgrade the amenities with the water,
sewer, extra sidewalks and all.
DIRECTOR MATTERS' None
Permit Application No.
City of Sebastian
Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name:
Rick J. Melchiori WCG/Neel-Schaffer, Inc.
Address:
2145 14th Avenuer Suite 24r Vero Beach, FL 32960
Phone Number:(772 ) 770 - 4707
FAD<Number: (772)770- 4640
E-Mail:
rmelchiori@wcgl . com
Owner (If different from applicant)
Name:
Wolfe Development, Inc.
AddmSS:c/o Coastal Capital 747 Pontiac Avenue, Suite 309 Cranston,RI
Ph°neNumber:(401) 751 -6510
FAX Number: (401)751-6512
E-Mail:
coastalcapital@intap.net
~2910
ITitle of permit or action requested: ~
Rezoning, Conceptual Development Plan, Comprehensive Plan Ammendme t
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATI'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
River Oak Preserve
B. Site Information
Address:
Lot: Block: Unit: Subdivision:
Indian River County Parcel #: 31382500000500000003.0; 31382500000700000004.0;
~o~nnnnn~nnnnnn~ n- ql qR7500000700000002.0
Zor~Hg-d~s~i{i~a~i6n~ ........ Future Land Use:
~e~idential
A-!
Existing Use: Proposed Use:
Vacant L.D.R.
Co
pe it ora io att h
Detailed description of proposed activity and purpose of ~the re_ques, t~ed ~r]in~nne(~ ~v~afopment
extra sheets if necessary): Develop a 368 Sing±e ~'am~±y
within a 152.21 acre site adjacent to the North side of S.R. 510
and .... ~v~m=e~]v q/4 m~]es ~t of 82nd Avenue
FEE PAID: $:~"~ 0 6' j
RECEIVED
Permit Application No.
D. Project Personnel: Agent:
Name:
Rick J. Melchiori WCG/Neel-Schaffer, Inc.
Address
21 45 14th Avenue, Suite 24, Veto Beach, FL 32960
Ph°neNumber:(772) 770 4707 FAXNumbec (772)770- 4640
E-Maik rmelchiori@wcgl .com
Attorney:
Name:
Sam Block
Address
979 Beachland Blvd~ Vero Beachr FL 32963
Ph°neNumber:(772) 231 '1100 FAXNumbec (772)231 ' 2020
E-Mail:
En~lineer:
Name:
~i_ck~ J. Melchiori, P.E.. .... WCG/.N~ee_.l_T~cha~f_fer, Inc.
Address
2145 14th Avenue, Suite 24, Vero Beach, FL 32960
Ph°ne Number: (772) 770 4707 FAXNumben (772) 770 4640
E-Mail:
rmelchiori@wcgl . com
Surveyor:
Name:
D&vid M, Jones
Address
Phone Number:(772 ) 567 g875
..... ~'AX-N~mber. -( ~/2 )567 -9172
E-Mail:
I, Rick J, Melchiori~PE , BE1NG FIRST DULY SWORN, DEPOSE AND SAY THA!: I AM THE OWNER ~ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
UE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
/~IGNATL~E
SWORN TO AND SUBSCRIBED BEFORE ME BY
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENT-IFICATION, THIS ~,~- DAY OF
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./EXPIRATION
SEAL:
July ~, 2003
DATE
Permit Application No.
The following is required for all comprelleflsive plan ameiHinaits, zoning amendments
(including rezonlng), site plans, conditional use permits, special use' permits, variances,
exceptions, and appoai~
I/VVE, THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City of Sebast'i an
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE i/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER_./.ND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
DE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
~---~/~ July .~, 2003 SIC_~ATU REJ DATE
Sworn to and subscribed before me by
who is personally known to me or produced
as identification, this ~ day of tT'/~ L..V ,20_I~.
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
Supplemental Information
Comprehensive Plan Amendment (Land Use)
ATTACH ADDITIONAL PAGES IF NECESSARY.
Permit Application No.
Iv" 1. Current land use map designation: R-Residential (IRC)
~ 2. Proposed land use map designation: m,. D. R.
(Sebastian)
v" 3. Size of project in acres: 1 52.21
Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City.,
No adverse impacts to other code elements
~,~ 5. Is the proposed amendment consistent with the other elements of the
comprehensive plan? If not, which one(s)?, Yes
Is the proposed amendment in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? If not, which
one(s)?, Yes
Permit Application No.
What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
amendment? Not aware of relevan~ amendment
v 8. Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not? Yes
~ 9. Are there adequate public facilities to serve the proposed land use? If not, which
one(s) are not adequate? Yes
10. Would the proposed amendment result in a significant adverse impact on the
natural environment? If so, describe the impact. No
Permit Application No.
Would the proposed amendment adversely affect the property values of the
area, the general health, safety and welfare and impact the financial resources
of the city? If so, 'describe how. No
12. Does the proposed amendment result in an orderly development pattern? If
not, describe. Yes
~-"'t3. Attached the following:
a. A verified statement showing each and every individual person having a
legal and/or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a nationally
recognized stock exchange, in which case the name and address of the
corporation and principal executive officers will be sufficient.
~ b. Attach a list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
~ c. A survey and legal description of the property for which the land use
amendment is bein9 requested.
City of Sebastian Zoning Map - North
Cit~y~f Sebastian Zoning Map - South