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HomeMy WebLinkAbout06022004 SPECIAL2. 3. 4. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING REVISED AGENDA WEDNESDAY, JUNE 2, 2004 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC HEARINGS (certain of these items are quasi-judicial - see back of agenda for quasi-judicial procedures) Procedures forpublic hearings: (R-03-14) Mayor opens hearing Atfomey reads ordinance of resolution Staff Presentation Public input- Limit of 10 minutes per speaker Staff summation Mayor closes hearing Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his er her name for the record. 04.130 1-12 13-3o 31-46 CROSS CREEK (Since certain headngs in this section are quasi-judicial it is advisable to swear in anyone who offers testimony on any of the following items at this time) l) Second Reading and public Heafin~l for Ordinance No, 0-04-07 Cross Creek Voluntary,Annexation (GMD Transmittal 5/21/04, 0-04- 07, Restrictive Covenant, Letter, Mac. FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, pROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLtNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 2) Second Readin¢l and Second (Adoption) Public. Headn¢l for Ordinance No. O-03-16 Cross Creek Comprehensive Land Use Plan Amendment (GMD Transmittal 5/21/04, O-03-16, Map,. ADolication. P & Z Recommendation} 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. 3) Second Readin,q and QUASI-JUDICIAL Public Headn,q for Ordinance No, 0-04-08 Cross Creek Rezonin~l (GMD Transmittal 5/21/04, 0-04- 08, Map, Plan, Staff Report. P & Z Recommendation. Aoolication} AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 04,132 47-58 5~8 79-96 SEBASTIAN CROSSINGS (Since certain hearings in this section are quasi-judicial it is advisable to swear in anyone who offers testimony on any of the following items at this time) 1) Second Readin;I and Public Hearin;I for Ordinance No. O-04-11 Sebastian Crossinl:lS Voluntary Annexation (GMD Transmittal 5/21/04, O-04-11, Restrictive Covenant, Letter, Map, FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 2) Second Readin.q and Second Public Hearin,q for Ordinance No. 0-03-24 Sebe_~ti_~n Crossinf:lS Comprehensive Land Use Plan Amendment (GMD Transmittal 5/21/04, 0-03-24, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORID~ 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 MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 3) Second ReadinR and QUASI-JUDICIAL Public Hearin,q for Ordinance No. O-04-12 Sebastian Crossin.qs RezoninR/PUD Conceptual Development Plan (GMD Transmittal 5/21/04, O- 04-12, Map, Plan, Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL GENERAL (cg) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 04.133 97~106 107-126 127-148 RIVER OAKS (Since certain hearings in this section are quasi-judicial it is advisable to swear in anyone who offers testimony on any of the following items at this time) 1) Second Reading and Public Headn,q for Ordinance No. O-04-13 River Oaks Preserve Voluntary Annexation (GMD Transmittal 5/21./04, O- 04-13, Restrictive Covenant, Letter, MaD. Survey. FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 2) Second Readin~l and Second Public Hearino for Ordinance No. O- 03-26 River Oaks Comprehensive Land Use Plan Amendment {GMD Transmittal 5/21/04, 0-03-26, Map, Application, P & Z Recommendation) 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 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKAM DAM KNOWN AS RIVER OAKS PRESERVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 3) Second Readin~i and QUASI-JUDICIAL Public Hearin,q Ordinance No. 0-04-14 River Oaks Preserve Rezonin~l (GMD Transmittal, 0-04- 14, Map, Plan, Report, Application, P & Z Recommendation) 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 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. ITEMS NOT COMPLETED AND CARRIED FROM THE MAY 26, 2004 REGULAR MEETING (REFERENCED PAGE NUMBERS ARE FROM THE MAY 26, 2004 AGENDA PACKET) 9.A.(3) Ordinance No. O-03-21 - Rezonin~l/Conceptual DeveloDment Plan - Re¢~_ nsideration Hearinf~ from 4/14/04 (Ba(pkup Includes Documents Oriainallv Presented at the 4/14/04 Regular Meetina Includin~ Exhibits and Revised Conceptual Development Plan as Provided in Accordance w! Noted Correction at the 4/14/04 Meetina) I. This hearin~l is quasi-iudi~ial - see back of agenda for procedures 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. Meeting ended during applicant presentation. t0. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othe~vise on the agenda - sign-up required - limit of ten minutes for each speaker 11. OLD BUSINESS 04.131 289-292 Request from Vice-Mayor Barczyk to Reconsider Ordinance No. 0-04-09 Spencer Annexation and Take Ordinance No. O-04-10 Spencer Rezoning from the Table and Conduct First Readings on both Ordinances at This Time 12. NEW BUSINESS '13. CI'I~Y ATTORNEY MATTERS 14. crrY MANAGER MATTERS 04.148 Feasibility of Acquisition of Former Beall's Property on U.S. Highway 1 and Unincorporated Enclave Property 04.115 B. Contractor Selection Process for Old Schoolhouse/City Hall Building t5. CITY CLERK MATTERS A. Notification of Board of Adjustment Meeting 6/9/04 - 6:30 p.m. 04.037 293 Reminder of Community Redevelopment Advisory Committee Appointments (Press Release) 5 16. CiTY COUNCIL MATTERS A. Mayor McCollum B. Mr. Heptinstall C. Mr. Coniglio Ms. Monier E. Mr. Barczyk 17. ADJOURN (A# rnee~gs she# adjourn at 10:30 p.m. unless extended for up to one haft hour by a majority vote of City Counci~ ff any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by the City. (F. S. 286. 0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs special accommodation for this meeh'ng should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: · Regular City Council Meeting - June 9, 2004 - 7:00 p.m. Regular City Council Meeting- June 23, 2004 - 7:00 pm · Regular City Council Meeting - July 14, 2004 - 7:00 pm · Regular City Council Meeting- July 28, 2004 - 7:00 pm · Regular ~ Council Meeting- August 11, 2004- 7:00 pm Regular City Council Meeting- August 25, 2004 - 7:00 pm Regular City Council Meeting- September 8, 2004 - 7:00 pm · Regular City Council Meeting - September 22, 2004 - 7:00 pm · Regular City Council Meeting- October 13, 2004 - 7:00 pm · Regular City Council Meeting- October 20, 2004 - 7:00 pm · Regular City Council Meeting- November 10, 2004 - 7:00 pm · Regular City Council Meeting - November 24, 2004 - 7:00 pm Regular City Council Meeting - December 8, 2004 - 7:00 pm Regular City Council Meeting- December 22, 2004 - 7:00 pm Procedural Order for Quasi-Judicial Hearings 1. Mayor Opens Hearing 2. City Council Members Disclose Ex-Parte Communication in Accordance with Law 3.Applicant or Agent Makes Presentation in Favor of Request Following Swearing In By City Clerk 4. Stoff Presents Findings and Analysis Following Swearing In by City Clerk 5. Council Asks Questions of the Applicant and Staff 6. Mayor Opens the Floor for Anyone in Favor of the Request who wishes to speak or ask questions 7. Mayor Opens the Floor for Anyone in Oppos~on to the Request who wishes to speak or ask questions 8. Applicant Provided Opportunity to Respond to Issues Raised by Staff or Public 9. Staff Provided Opportunity to Summarize Request 10. City Council Deliberation and QuesEons 11. Mayor Calls for a Motion 12. City Council Actlon 6 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Public hearing and second reading of Ordinance O-04-07; petition for Voluntary Annexation by Henry A. Fischer for a proposed ll5-acre 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. ~ ro~p,.~Jor, Sa-~:-ula~taLby: City Managgr - T. er-4~n c e ~.~oore Agenda No. 0~./3~ Department Origin: Growth Management~ Purchasing/Contracting: Finance Director: City Attorney: :.,? ~ City Clerk: ~ Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: O-04-07, le~er ofreques~ location map, :~::'::y, Chapter 171.044 F,S. AMOUNT BUDGETED: EXPENDITURE REQUIRED: APPROPRIATION REQUIRED: SUMMARY Mr. Henry A. Fischer is requesting annexation of a 115+/- acre Iract 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 zon'mg is A-1 (Agricultural 1 uniff5 acres). 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 pcn'm/t residential units along the peraneter of the lake boundaries. Cross Creek is proposed to contain 150 single family residential lots (density 1.3 units per acre). Attached within the accompanying Ordinance is a restrictive covenant Iimiting the subject development to 3.00 units/acre as suggested by City Council during the March 24th Council meeting. RECOMMENDED ACTION Conduct the public hearing. Staff recommendation is to adopt the ordinance. "Move to adopt Ordinance No. O-04-07." ORDINANCE NO. 0-04-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDMSION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WltEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: The South ¥2 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 as shown on the map attached hereto as Exhibit "A", containing 115 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Cimuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. 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, unenforceable or unconstitutional, including the DECLARATION OF COVENANT AND RESTRICTION ON LAND contained in Exhibit "B", the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional prevision. Section 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached hereto as Exhibit "B", this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-16. 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June, 2004. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, CMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian: Rich Slringer, City Attorney EXHIBIT "A" DECLARATION OF COVENANT AND RESTRICTION ON LAND Exhibit "B" Page 1 of 2 THIS DECLARATION, made as of the date set forth below by Henry A. Fischer, hereinafter referred to as "Declarant", governs the use of the following described land ly/ng and situate in Indian River County, Florida: The South ½ of the Northwest ¼ of Section 30, Township 31 South, Range 39 East, Indian River Cotmty, 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, and provides that WHEREAS, Declarant is the owner of the Land as described above, which Declarant seeks to annex into the City of Sebastian, Florida, NOW THEREFORE, Declarant hereby declares that all of said Land described above shall be held, sold and conveyed subject to the following restrictions and covenants, which are for the purpose of protecting the value and desirability of the Land, and shall run with said land and be binding upon all parties having any right, title or interest in the Land or any part thereof, their heirs, successors and assigns, and shall accrue to the benefit of each owner thereof: For a period of ten years fi.om the date of annexation of the Land, Declarant, its heirs, successors or assigns, covenant that they shall not apply to rezone the Land, or otherwise seek to change the use of said Land, in any manner that results in a residential use density greater than 3 units per acre. The City of Sebastian is designated as a third-party beneficiary of these Covenants and Restrictions, and Declarant stipulates that said third-party beneficiary shall be entitled to refuse any application or Exhibit "B" Page 2 of 2 proposal submitted in violation of these Declarations without recourse by Declarant. IN WITNESS WHEREOF the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of this day of ,2004. Signed, sealed & delivered In the presence of: Henry A. Fischer, Declarant Pr/nted name: Wimess Printed Name: PrSnted Name: W/mess STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Henry A. Fischer, Declarant, to me known to be the person described in the foregoing instrument or who provided as identification, who executed the foregoing instrument and acknowledged before me that he executed the same. Said person was not under oath. WITNESS my hand and official seal this day of ,2004. Notary Public My Commission Expires: WAaP W. DmL Also admitted in Wyoming N~br'~ka DILL &: EVANS, P.L. AI'TORNEYS AT LAW 1515 US Highway 1, Suite 201 Sebastian, Florida 32958 JOhN G. EVANS Also Admitted in California July 23, 2003 Tracy Hass, Growth Management Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Voluntary Annexation Dear Tracy: Please consider this letter as a request for voluntary annexation into the City of Sebastian of the following described property: Parcel I - Fischer Provertv The below described property is owned by H~ Andrew Fischer, whose address is P.O. Box 780068, Sebastian, Fl. 32978-0068: South 1/2 of the Northwest 1/4 of Section 30, Township 31 South, Range 39 East, Indian River County, Florida. Parcel II - Trust Property' The below described property is owned by Daniel Spencer, Trustee of that certain Testamentary Residual Trust under the Will of Henry H. Schacht, whose address is c/o Henry Andrew Fischer, P.O. Box 780068, Sebastian, FL 32978-0068: The Northeast 1/4 of the Southwest 1/4, EXCEPTING TH]E WEST 5 ACRES TilER.EOF, in Section 30, Township 31 South, Range 39 East, Indian River County, Florida. This property lies next to the boundaries of the City, such that a substantial part of the boundaries of the property is contiguous with the boundaries of the City limits. This annexation will result in a reasonably compact addition to the City. This property is generally located just South of Barber Street between 70th Avenue (Power Line Road) and Shakespeare Street. Tel: (772) 589-1212 · FaX: (772) 589-5212 Tracy Hass, Growth Management Director July 23, 2003 Page 2 The intended use of the property is for residential purposes. Simultaneously with the submittal of this armexation request, Development Order Applications are being filed for a Comprehensive Plan Land Use Map Amendment to classify the property as Low Development Residential (LDR) and to rezone the property to Single Family Residential [RS-10). When Hank Fischer, Randy Mosby and I met with you and Mr. Moore on June 26, 2003 to discuss the annexation of this property, my client indicated his concern with having to pave Power Line Road beyond the South entrance to the development. It was agreed that the City did not expect my client to make any improvements to Power Line Road (70th Avenue) South of the main entrance into the development. I indicated that I would subm/t an Annexation Agreement to confirm the paving obhgation of my client. Attached hereto is a proposed Agreement for Annexation. As part of this request for annexation, I have enclosed the Deeds co~g ownership of the property, Indian River County Zoning Map, Property Appraiser's Tax Map and survey of the property. Mrs. Gertrude A. Schact died last March. I will provide you with a copy of her Certificate of Death if you need one for your file. Thanking you in advance for your assistance, I remain Very tru~ Warren W. Dill W-WD/dh Enclosures cc: Dr. Hem'-/A. Fischer Section 30 31s-39e lap # 11.10 contpiled 08/04/00 y the Indian River Cottnty Properly Appraiser? Office ~age 1-206 o 171.044 Voluntary annexation.-- I1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition ~he governing body of said municipality that said property be anne~(ed to the municipality. (2) Upon determination bythe governing body of the municipality that the petition bears the signatures of ali owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper pubiisbed in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall b6 posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map c[earty showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. {3) An ordinance adopted under this section shall be flied with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. {6) Upon publishing or posting the ordinance notice required under subsection (2}, the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the. annexation. History.--s, 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. @0-279; s. 16, ch. 96-176. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Second reading and adoption hearing of 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 CR 510 adjacent to Sebastian Highlands Unit 11, and known as Cross Creek Subdivision. y: City Manager lxerl~n c e'R. 1Vl~ ' Agenda No. Department Origin: Growth ManaKement.,'~ Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: O-03-16, Location Map, Application and P&Z recommendation. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 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/aere (County)), while the current zoning is A-1 (Agricultural 1 unit/5 acres). 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. As proposed, Cross Creek will contain 150 single family residential lots. RECOMMENDED ACTION Conduct final public hearing. Staff recommends the City Council move to adopt this ordinance. "Move to adopt Ordinance No O-03-16 ORDINANCE NO. O-03-16 AN ORDINANCE OF T~q¥, CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE, COMPRF, Rm, NSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN [N1TIAL 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, LOCATED ALONG POWER.LINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; AUTHORIT:ING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABI~ITY; AND PROVIDING FOR EFFECTIVE DATE. WltEREAS, the City Council has considered the application of Henry A. Fischer for an amendment to designate an initial lanai 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 wm~.REAS, 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 WI:IF. REAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WI-IEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and Wlq-EREAS, the City Council has determined that the proposed changes in the City Comprehensive Laud Use Map, are consistent with the existing comprehe~asive plan and the future development goals of the City of Sebastian. NOW, TIq'EREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by thi~ Ordinance shall affect the following described real property, as of thc effective date to be lying and being within the i.ucorporated area of the City of Sebastian, Indian River County, Florida: The South ½ of the Northwest ~A of Section 30, Township 31 South, Range. 39 East, Indian River County, Florida; 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 Future Land Use Map shall ~e 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. SEVERA.BILITY. 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 fulther be assumed that the City Council would have enacted the remainder of this Orainance 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 a~=exafion of the property into the corporate limits of the City of Sebastiau. PASSAGE UPON FIRST READING The foregoing Ordinance was re?ed for p~sage upon first reading this 17m day of ~ecer=b=: ~003, ~y Co=o~=~=~5~C~'/c~ . The moron w= seoondea ~y Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councitmember Joe Barczyk Counoilmember James A. Hill Councilmember Nathan McCollum ATTEST: ADOPTION The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Cou~cilmember and, upon being put to a vote, the vote was as follows: Mayor Vice-Mayor Counciknember Councilmember Counoilmember The Mayor thereupon declared this Ordinance duly passed and adopted this __ , 200__. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By~ Mayor Sally A. M~o, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: City Attorney Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization fnotarized) from owner is required) Name: Hen~ An~e~ Fischer Address: P_o. Box 780068. Sebastian. FL Phone Numbe¢, (772) 589-9159 32978 FAX Number. (772) 589-7731 E-Mail: N/A Owner (if different from applicant) Name: R~n~v A. ~ch~ and D~n~ml ._qp~ncer, ~___ AddreSs: P.O. Bo~ 780068r Se_~tJ.a~¢ FL 32978 Phone Number: (772) 589-3159 FAX Number. (772) 589- 7731 E-Mail: N/A Title of permit or action requested: OO~A J~P--~'tfE/O,SIU~,, ~/,~r/M /~O CLg~ /il/~O ,z~CfE3.43~ ~-~'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 1 1" COPIES OF A~ A3-CACHMENTS SHALL BE INCLUDED, A'FTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. CROSS CP, E~K, a subdivision Project Name (if applicable): Site Information Address: See attached Lot: Block: U nit: Subdivision: Indian River County Parcel Cf:. Fisc_her l~:oF~_._--'"ty 30-31-39-00000-3000-0000.2/0 Zoning Classification: Future Land Use: Indian River County A-1 /_ndian River County - R Existing Use: Proposed Use: Vacant Residential Subdivision C. Detailed description of proposed activit7 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-1 0 zoning. DATE RECEIVED: FEE PAID: $ l; 5'bo, ere RECEIVED BY: .~ ID. Project Personnel: Agent: Name: Permit Application Ne. Address Dfll & Evans, P.L., 1515 U.S. Highway 1, Suite 201, Sebastian, FL Phone Numben ( 772 ) 589- ~ 21 2 FAX Number: ( 772 ) 589 -521 2 32958 E-Mail: ~/A Attorney: Same as Acent. Address Phone NumDer: ( ) FAX Number:. ) E-Mail: Engineer: Name: Mosby & Associates, ~/qc. (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 1677t Veto Beach, FL 32961 Phone Numbe~(772) 562-4744 FAx Number: (772) 562-0963 E-Mail: R/A J, W~T-¢¢~-~ W. D±iZ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: J AM THE OWNER X J 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 ACCURATE AND TRUE TO TI-~ES?~i,M~KNOWLEDGE AND BELIEF. ~IG~ATURE ~ / DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Wa_7'Z'en W. DJ-I-I- WHO IS E~_.~SONAI i Y w~mw~ TO ME OR PRODUCED AS IDENTIFICATION, THIS'~<_'~ DAYOF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./ExPIRATION SEAL; July, ,2003 . / Pen-~ A. ppiica~on No. The following is required for all comprehensive plan amendments, zoning amendmen~ (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. lANE, THE OWNER(S) / ~ THE LEGAL REPRESENTATIVE OF THE OWNE~(S) OF THE PROPERTY DESC~JBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERy MEMBER OF THE P & Z ~ ~.~.'L-~ ~.~Dg. IaJ~J.1 BOARD/COMMISSION OF THE CID( OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WiTH MY/OUR PENDING APPLICATION. ]J~JE HEREBY WAIVE ANY OBJECTION OR DEFENSE [/WE MAY HAVE, DUE TO THE QUAB!-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY E~OARD/COMMISBION MEMBER ENTERING OR V1EWtNG THE PROPERTY, INCLUDING ANY CLAIM OR ABSER3qON THAT MY/OUR PROCEDURAL OR SUBSTAbFRVE DUE PRCCESS 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 AB A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE[ AGE,~F, CONTRACTOR OR OFFICIAL OF THE GITY OF SEBASTIAN. Swam to and subscribed before me by Wa.~-'z-e_r~ W. Dill who is~personall¥ known to me or produced as identification, this ..~-~ day of ~7'~.~ ,20 0...~_... Printed Name off Notar~ ~ / / ~ Commission No./Expiration Seah Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES iF NECESSARY. 1, Current land use map designation: Indian River County R - Res±dentia 2. Proposed land use map designation: Sebastian Low Den~i~_¥ Resident±al (LDR) 3. Size of project in acres: Fischer' 79.8 ac%es/~-ust 35.4 acres Describe the impact of the proposed change on the other elements of the comprehens!ve pla.~..and.applicable ordinances of the. City, This application is consistent with the City's arun~_watiQU:_ policy and Comprehensive Plan and will not have any adverse ~2~_~ nn t. he 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 cit7 of Sebastian Code of Ordinances? If not, which one(s)? Yes I:enmit Applicat/on 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 snnexat±on ~colJ. cy within the geo~i~phic area adjacent to the City vAn/ch includes property. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? The proposed Am~'zir~_.nt is ~tible with the City's land uses surrounding t. kis property on three sides. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? All public facilities are adequate. The road to the develo~nent will be paved to its entrance. 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, descdbe the impact. No. The prior use of the property was a citrus grove. I1. 12. 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. There will not be any adverse e£t=ect from this develo.~ment. This development will enhance the value of the property and thus increase the tax revenue of th Does the proposed amendment result in an orderly development pattern? not, describe. Yes. The develo~nent is contiguous with the City_ limits on three sides and will result in a logical 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 and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property wth n 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. Growth. Management Departmen! Comprehensive Plan Amendment Apphcafion Staff Report Project Name: Requested Action: Project Location Cross Creek Subdivision Land Use Change from R (County- 1unit/acre) to LDR a. Address: b. Legal: POwerline Road South of Barber/nodh of CR 510. See survey Project Owner: indian River County Parcel Number: 3t~39-30-00000.3000.00002.0,~ 31-39-30_00000_5000_00001.0 Henry A Fischer P.O. Box 780068 Sebastian, Florida 32978 (772) 589-3159 Project Agent: Project Eng,neer: Project Surveyor: Project Description fax: (772) 589-7731 Warren W. Dill Dill & Evans, P.L. 1515 U.S. Highway 1, Suite 201 Sebastian, FIodda 32958 (772) 589-1212 Mosby &Assoda~s, lnc. 2455 14~ Avenue Vem Beach, FIodda 32960 (772) 569-0035 fax: (772) 589-5212 fax: (772)-778-3617 fax: (772) 562-0963 James A. Fowler 929 7~ Avenue P.O. Box1677 Yero Beach, Flodda 32960 (772) 562-4744 Narrative of proposed action: Mr. Henry A. Fischer is requesting a targe 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 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 take 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, Shakasp~,,,e 3~.~t un ~he ~,-t-cd'e~ot the ~ ~Ypandsd to a t-vv~qa,,= ;oad','.'a:,' '.~- j~t~-'~tT~'~a~hakespeare is currently a substandard single lane roadwa~ -- Current Zoning: A-1 (County - Agriculture) Adjacent Properties Zoninq Future Land Use North: RS-10 East: RS-10 South: A-1 West: RS-1 0 Current Land Use 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) Flood 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 ChangcJ Co~ditions: Site was utilized for a sand mining operat,~on,.with proposed,. change to single-family residential. Land Use Compatibility: The adjacent properties to the north, east and west are designated Iow densib, 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 stormwatar 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 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. 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 bet[er 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 (Re~iden~ial 1 dnit/a~"e (C~'nt~)}, while the current zoning is A-1 (Agricultural 1 unitJacre). 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 fake 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 atso 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: 1. The land use change shall be conditioned upon receipt of annexation approval by DATE/ / 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBEP, 18, 2003 Mr, Stidnger 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 ca[egory. He ~etaiied 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 ',and 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 ciosest corresponding city tend 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 y~s Mr. Mahoney no Mr. Seeley (a) yes Ms. Monier yes Mr. Blessing yes The vote was 5-2.- Mu::ion o,~r'ried, MOTION by Mahoney/Btessing "1 make a motion that we [recommend to city council] rezone IA1 to PUD-R] with minimum of 7,500 square foot lots with 7 Y= ' side setbacks and 60' lot frontage" Roll Calh Mr. Faitle yes Mr. AIIocco Mr. Mahoney yes Chmn Smith Mr.. Blessing yes Mr. Seeley Ms. Monier yes yes yes yes The vote was 7-0. Motion carried. D. PUBLIC HEARING- RECOMMENDAT]ON TO CITY COUNCIL- LAND USE MAP AMENDMENT/REZONING - CROSS CREE* SUBDIVISION Mr. Warren Dill, 1565 U.S. #1, Sebastian, Fiedda represented the applicants, Mr. Hank Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates, Veto Beach, F]odda. Mr. Dill described the property location, 115 acres, 150 single family lots, 85' X 135', 13,000 sq. rt. 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. Powedine 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. Hess added that the property is currently being used as an active sand mine, which wilt cease operation this year. In the event that Lhe 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. Hess said it is being negotiated. Mr. AIIocco asked if the large cement 5 PLANNING AND ZONING COMMISSION MINUTES OF P, EGULAR MEETING OF SEPTEMBER 18, 2003 poles would be a problem on Powerline Road and Mr. Dill said the driving surCace 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 tong as they do not use Shakespeare as the main entrance Io the site. Mickey Groepler, Sebastian, Ftorida asked where the lake came from and Mr. Dill said the lake was created es a result of the sand mine operation. Dot Weathers, 1781 Barber Street, Sebastian, Florida concerned about traffic on Powedine Road. Anna Roessler, 1745 Sk¥tine Lane, Sebastian, Florida wanted to know if the buffer zone will be maintained. Z}politto, 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 Poweriine Road is a good way to get from the Highlands to 51L~, which has been a safety issue at the Me(ropotitan Planning. - Organization. Kathy Woolsey, 8625 70m Avenue, concerned about traffic and development. Richard Scurlock, 1190 Barber SIreet, Sebastian, Florida in favor of no development and no growth. Mr. Dan Spencer, 90u' 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 approvat by the city council." Mr. Stringer interjected that it doesn't take effect unless the city annexes it. MOTION by Blessing/Allocco "t 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. AIlocco yes Mr. Mahoney yes Chmn Smith yes Mr. Blessing yes Mr. Seetey (a) yes Ms. Monier yes The vote was 7-0. Both motions carried. CITY OF SEBASTIAN AGENDA TRANSMITFAL Subject: Second reading and quasi-judicial public hearing for Ordinance 0-04-08; rezoning request from Agricultural (A-l) to RS- 10 for a proposed 115+/- acre tract of land situated along Powerline Road south of Barber Street and north ofCR 510 adjacent to Sebastian Highlands Unit 11, and known as Cross Creek Subdivision. S~ai~ b,v.; C~t3' Manager Agenda O / 5 Department Origin: ~¢~. Purchasing/Contracting: Finance Direetorr City Attorney: ¢ City Clerk: ~-~/~-~ Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: 0-04-08, Location Map, Conceptual Plan, Staff Report, P&Z recommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 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/5 acres). 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 nfmimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, end is slated for subdividing to permit residential units along the perimeter of the lake boundaries. As proposed, Cross Creek will contain 150 single family residential lots with mimmum 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 Power/me Road f~om Barber Street south approximately 1125 feet to the southernmost subdivision access point. RECOMMENDED ACTION Conduct the quasi-judicial public hearing for Ordinance No. 0-04-08. Staff recommends the City Council adopt Ordinance No. 0-04-08. "Move to adopt Ordinance No. 0-04-08." ORDINANCE NO. 0-04-08 AN ORDINANCE OF TI-W, CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS- 10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL, 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDMSION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HI~REWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hemy A. Fischer has filed a petition for amendment to the Zoning WI-IEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WI-IEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria idenlified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WRI*,REAS, the City Council as made the following libelings: 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. The proposed use will result ha 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, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Thc South ¥2 of the Northwest ¼ of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, LESS thc East 35 feet thereof for fight-of-way AND ALSO thc Northeast ¼ of thc 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. REZONING. The real property described above is hereby given an initial City zoning designation of Residential Single-Family (RS-10). Section 3. ZONENG 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 determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full fome and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon the effective date of Ordinance 0-03-16. The foregoing Ordinance was moved for adoption · The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Mon/er Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 2no day of June, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance bythe City of Sebastian only: Rich Stringer, City Attorney Growth Management DePartment Rezoning Application - Staff Report Project Name: Cross Creek Subdivision Requested Action: Rezoning from A-1 to RS-10 Project Location a. Address: Powerline Road South of Barber/north 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, FIodda 32958 (772) 589-1212 fax: (772) 589-5212 Project Engineer: Mosby & Associates, Inc. 2455 14t~ Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772)-778-3617 Project Surveyor: James A. FoWler 929 7t~ Avenue P.O. Box 1677 Vero Beach, Florida 32960 (772) 562-4744 fax: (772) 562-0963 Project Description Narrative of proposed action: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 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/~,~,~ 1 (Residential 1unit/acre (County)), while the current zoning is A-1 (Agiicultural 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 tot 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 Powedine Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. I.~-?'4'4:fin% ~'~'¢a¢~r~"~rr' ~t7:3~' _~.~. th.:" oW;St of pr' ~etsWi exp to lane ~ay, ina ight- b. Current Zoning: A-1 (County - Agriculture) c. Adjacent Properties Znnir~o North: East: South: West: RS-10 Single FamiiyNacant LD RS-10 Single Family/Vacant LD A-1 Vacant R (County) RS-10 ResidentialNacant LD d. Site Characteristics (1) Total Acreage: 115 acres (2) Current Land Use(s): Sand Mine (3) Soil: Oldsmar, Pepper (4) Vegetation: Cleared, Oak, Palm (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: Barber Street - 3/4 mile (9) Police/Fire: Sebastian Police - 4 miles County Fire - % mile Comprehensive Plan Consistency a. Future Land Use: R (County - 1 unit/acre) 2 10. 11. 12. 13, b. Level of Service Traffic: The proposed will create an ADT of 1,515 Trips (150 units x 10.1). Therefore, there will be an increased demand on the existing roadway network. However, the proposed project 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. (2) Potable Water: Cross Creek Subdivision will be connecting to Indian River County Utilities water main, therefore eliminating the need for potable wells within said development. (3) Wastewater: Cross Creek will be connecting to indian River Caunty 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. (s) Recreation: Property owners within Cross Creek 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. (6) Solid Waste: There will be an increased demand on solid waste with the addition of 150 residential units. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is an inactive sand mine, 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 ]ow 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 Subdivision, and the existing lake will 14. 15. 16. 17. 18. 19. 19. 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 turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed zoning 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 residentially/commercially zoned 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 current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- fnmily 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. 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: 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 rezoning will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. Analysis: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 115+/- acre tract of land situated along Powerline Road 9outh 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, 4 20. 21. 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: la&e,.r, ee<d~a~v ~.~ * ¢;8' ' , er ~2:~ ~ ~,~,: -,-,~3tl_v 2 ~-hCt~r ~ard si e ro Conclusion: The requested rezoning from R (County) to RS-lO 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. DATE' 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 Mr. Stringer then advised [he commission to make a motion for another land use category because if it is annexed it must have a city land use category. He detailed the vadous land use categories. MOT]ON by MoniedBtessing "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 Iand use category. In this case it would be multi-family because the current county land use allows 6 units per acre and our muEi- family category would be the closest. Roll Calh Mr. AIIocco 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 Mahoney/Blessing "1 make a modon that we [recommend to city council] rezone IA1 to PUD-R] with a minimum of 7,500 square foot lots with 7 ¼ ' side setbacks and 60' lot frontage" Roll Calh Mr. Faille yes Mr. Allocco yes Mr. Mahoney yes Chmn Smith yes Mr. Blessing yes Mr. Seeley yes MS. Monier yes The vote was 7-0. Motion carried. ~ D. PUBLIC HEARING- RECOMMENDATION TO CITY COUNCIL- LAND USE MAP AMENDMENTIREZONING - CROSS CREEK SUBDIVISION Mr. Warren Dill, 1565 U.S. #1, Sebastian, Ftodda represented the applicants, Mr. Hank Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates, Vero Beach, F~odda. Mr. Dill described the property location, 115 acres, 150 single family lots, 85' X 135', 13,000 sq. ft. The lots on the cut-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. Powedine Road will be paved to access this pcoperty. 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 thatthe 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 Powedine Road and Mr. Hass said it is being negotiated. Mr. AJlocco asked if the large cement 5 PLANNING AND ZONinG COMMISSION MINUFFES OF REGULAR MEETING OF SEPTEMBER 18, 2003 poles would be a problem on Powedine Road and. Mr. Dill said the ddving 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 projecL The following people'spoke: Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida very pleased with the proposal as long as they do not ~Jse Shakespeare as the main entrance to the site. Mickey Groepler, Sebastian, Florida asked where the lake came from and Mr. Dill said the lake was created as a result of the sand mine operation. Dot Weathers, 178l Barber Street, Sebastian, Florida concerned about traffic on Powedine Road. Anna Roesster, 1745 Skyline Lane, Sebastian, Flodda wanted to know if the buffer zone will be maintained. Zipolitto, Filbert Street, Sebastian, Florida said he received a leper 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 70~h Avenue, concerned about traffic and development. Richard Scurlock, 1190 Barber Street, Sebastian, Florida in favor of no development and no growth. Mr. Dan Spencer, 90~ 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 ciW council." Mr. Stringer interjected that it doesn't take effect unless the city annexes it. MOTION by Blessing/AIIocoo "1 make a motion [to recommend to city council] that the lend 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." Roil Call: Mr. Faille yes Mr. AIIocco 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 (Ir'not owner, written authorization (notarized)from owner is required) Name: Henry Andrew Fischer Address: P.O. Bc~ 780068, 'Se~,~ an. ~ Phone Number: (772) 589 -3159 E-Mail: FAX Numbez (, 772) 589' 7731 Owner {If different from applicant) Name: ~ AddreSs: P.O. B~ 780068, ~sti~, ~ 32978 Phone Numbe~. (772) 589- 3159 FAX Number: ( 772 ) 589 - 7731 E-Mail: N/A ITitle of permit or action requested: ~_~'~31 kJ {, . 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 ATI'ACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL iNFORMATION FORM. A. Project Name (if applicable): C~OSS (~z~K, a sul~ivision B. Site information Address: See attached WE~.~nty Dee~s Lot: Block: Unit: Subdivision: Indian River County Parcel #: Fischer l~'o[:~..rty 30-31-39-00000-3000-0000.2/0 Zoning Classification: ' Future Land Use: Indian River County A-1 Indian River County - R Existing Use: Proposed Use: V~ ~t Reside~e~ ~ ] Subdivision C. 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 v~nd Use Map classification of ~ with RS-10 zoning. DATE RECEIVED: FEE PAID: $.~5'~ .~C~ RECEIVED BY:__~/--- Project Personnel: Agent: Name: Warren W, Dill Address Permit Application No. D~ll Z k'k~n~. ~.T..; lqlg TL~_ Wq~hw~v 1. ~]fif~ 201. .q=h~tAa~: FL 32958 Ph°neNumbeF'(~72)' 589'1212 ' -FA~Numbe~. (77~) 58g 5212 E-Mail: N/A Attorney: Name: Address Phone Numbe~. ( ) FAX Number: ( ) E-Mail: Engineer: Name: Mosby & Associates, inc. (for subdivision) Address 745~ - 14~h ~v~nn~: V~r~ R~c_h: VT, Phone Numbe~. (772) 569 ' 0035 FAX Numben (772) 778 - 3617 E-Mail: N/A Surveyor: James A. Fowler Address 929 - 7th Avenue - P.O. Box 1677, Vero Beach, FL 32961 PhoneNumbe~.(772) 562-4744 FAXNumber: (772) 562-0963 E-Mail: N/A J, Warren W. Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE (:~NNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'J-FF_R OF'THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCJJRATE AND TRUE TO '~'~EBT .OF ~f.y KNOWLEDGE AND BELIEF. ~'~GNATURE ' ~ DATE SWORN ~BEFORE ME aY Wa_--'~en W. Dill WHO IS ON~--EL~.~_~6.~O ME OR PRODUCED / PRINTED NAME OF NOTARY (.._./~ - -- / '' '~ COMMISSION NoJExPIRAT1ON SEAL: Permit Application No. The following is required for all comprehensive plan amendments, z~ning amendments (including rezoning), site pians~ conditional use permits, special use permits, variances, exceptions, and appeals. JJWE, THE OWNER(S) / ~' THE LEGAL IREPREBENTATIVE OF THE OWNER(B) OF THE PROPERTY DESCRIBED WHICH 18 THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P & ~' ~ Ci~m~ COLL13.Cil BOARD/COMMISSION OF THE. CiTY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. J/~VE 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 CONSTfi'UTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS W,~IVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILYAND NOT AB A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE' AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ~IG~ATURE ~ ' DATE- Sworn to~-so13-sc~b~before me by Warren W. Dill who is(]~monall~o_gw~to me or produced Printed Name of Notary Commission No,/Expiration Seat: Dieno C. Hill ~Y COMMI,~ION # D0043145 September 7, 2005 Permit Application No. __ HOME OF PEUCAN ISLAND Supplemental Information Rezoning Request A'rrACH ADDITIONAL PAGES IF NECESSARY. 1. Proposed zoning: single Family Residential District (RS-10 ) 2, Explain how the proposed rezoning is COnsistent with the other elements of the comprehensive plan. See attached ;hoot. 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. The development will ccmply with all Land Develo~uent RegulatiOn including the sukdivision regulations of the City. Sr 4, .What land use and development changes have occurred 'since the effective date of the comprehensive plan which are relevant to the proposed amendment? County utilities are throughout the City. The intersection at ~ Street and schtm~nn bas been signalized. __ 5. Explain how the proposed rezoning is COmpatible with the existing or future land uses of the City. The development will be for a residential subdiv: which will be cc~atible with surrour~ng land uses and propos, future use of the area. .sion, 6. Are Yes there adequate public facilities to serve the proposed land use? Permit Application No. 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. The land was previously cleared and used for a citrus operation. 8, Explain how the proposed rez0ning will not adversely affect the proper~y values of the area, the general health, safety and welfare or the financial resources of the city. There Wi. ll not be ~ ad'cease e_CfeoCcs frcr~ ti'd.s developme~' This develo~nent will erahance the value of the property and thus in.ease the tax revenue for the city. 9. Describe how the proposed rezoning will .result in an orderly development pattern. The development is contiguous with the city limits on three sides and will result in a logical and compact expansion of the city. 10. Attach the following: a. A verified 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. b. A list of the names and addresses of all owners of parcels of reaJ property within three hundred (300) feet of the parcel to be considered. . c. A survey and legal description of the property to be ~ezoned. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Public hearing and second reading of Ordinance O-04-11; petition for Voluntary Annexation by Sebastian Crossings LLC, for a 60-acre tract of land lying northwest of the intersection of CR 510 & 512, and hereinafter referred to as Sebastian Crossings Subdivision. A~~/~?: City Manager TePee iR. ~6're~ Agenda No. O~, / ~ 7_ Department Origin: Growth Management/Q Purchasing/Contracting: Finance Direct City Attorney: City Clerk: Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: 0-04-11, letter of request, location map, Chapter 171.044 F.S. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Sebastian Crossings, LLC, recently filed an application for annexation ora 60+/- acre parcel of land lying northwest of the intersection of CR 510 & 512, and hereinafter referred to as Sebastian Crossings Subdivision. The subject propm~zy 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. The conceptual plan outlines a total of 133 single- family lots on 45.691 acres. Attached within the accompanying Ordinance is a restrictive covenant limiting the subject development to 3.00 units/acre as suggested by City Council during the March 24th Council meeting. RECOMMENDED ACTION Conduct the public hearing. Staff recommendation is to adopt the ordinance. "Move to adopt Ordinance No. O-04-11 ." ORDINANCE NO. 0-04-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, Sebastian Crossings, LLC, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit "A " as shown on the map within said Exhibit, contain/rig a total of 60 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT, All ordinances or parts of ord'mances 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, unenforceable or unconstitutional, Including the DECLARATION OF COVENANT AND RESTRICTION ONLAND contained in Exhibit "B", the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached hereto as Exhibit "B", this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-24. 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisaune Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June, 2004. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, CMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian: Rich Slringer, City Attorney PARCEL LEGAL DESCRIP'T]ON: {BY SURVEYOR) EXHIBIT "A" Page 1 of 2 A parcel of land lying in Section 22, Township 31 South, Range 38 East, india n River County, Florida, being more particularly described as follows: Beginning at the Northeast corner of the Southeast 11~. ~.said Sectio~ ~ thence South 00°12'10'' West along the East line o~the Southeast 1/4 of said Section 22, said line also being the East line of lands described in Deed Book 00'15, Page 0305, of the Public records of said Indian River County, a distance of 867.7'1 Feet to the POINT-OF-BEGINNING of 'the herein .described parcel;, thence continue South 00°12'10" West along the s~lid East line of the Southeast 114 of said Section 2.:g, a distance of 101.34 Feet to the Northeast comer of Romar Subdivision, according to the plat thereof, as recorded in Prat Book 10, Page 31, of the said Public records ot indian River County; thence South 80°S2'D1'' West along the North line of said Romar Subdivision, a distance of 715.88 Feettothe 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 Rigtlt-of-Way Iine of County Road 912 (as described in F.D.O.T. Maintenance Map 88040.25t4); thence run along said North Right-of-Way line for the following seven calla; North 89'39"29"West, a distance of 16,1.45 Feet;thence North 89°5B'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 ~f 100.02 Feat; thence North 81°4.4'02.' West, a distance of 100.98 Feet; thence North 32°51'38'' Wast, a distance of 100.72 Feet; thence North 89°42'12" West, a distancp of 119.41 Feet to the Southeast comer 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 the East line of said O.R. Book 0697, Page 090't, a distance of 355.08 Feet; thence leaving said East line run North $5°E7"41'' East, a distance of 588.45 Feet; thence North 82°19'08'' Bast, a distance of 448.89 Feet to the West line of said Deed Book 001§, Page 0305; thence South 00°12'10" West along said West line, a distance of 364.81 Feet; thence North 80°52'0.1" East along the South line of said Deed Book 0014, Page 0305, a distance of 716.85 Feat to the POINT-OF-BEGINNING. Containing 14.403 Acres of land more or leas. 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 pa~cutari¥ described as follows: Beginning et the Northeast comer of the Southeast .114 of said Section 22, said poin'l being the POINT-OF-BEGINNING of the her~in described parcel; thence run North 59"47'2.4" West along the South line of the South 1/2 of the Northeast .1/4 of said S ecflon Z2, said line also being the North line of lands described in Dead Book 00.15, Page 0305, of the Public records of' said Indisn River County, a distance of 209.00 Feat; thence South 00°'12'10" West along the West lin e of said Deed Boo k 00'16, Page 0304, a distance of 238.46 Feet; thence leaving said line run South 37°40'E3'' West, a distance of 9n.10 Feet tea point on the North line of said Deed Book 00'15, Page 0305; thence North 89°47'60" West along the North line of said Deed Book 0015, P age 0305, a distance of 44.8.66 Feat; thence South 00°'12'10" West along the West line of said Deed Book 0015, Page 03OS, a d. is~ance of 3'17.03 Feet; thence South 82°'~9'08'' West, a distance of 448.69 Feet; the~tce South 66°57'4'1" Wast, a distance of 988.45 Feet to the East line of lands described in O.R. Book 0697, Page 090'1, ol 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 slso being the South line of lands described in O.R. Book 1092, Pages 0616-062n, of the said Public records of Indian River County; thence South 89°47'50" East along said North and Souti~ line, a distance of 1,691.79 Feet to a point the East line of the Northeast 114 of said Section 22; thence South 00°25'23'' West along said East line, a distance of 663.99 Feet to the POINT-OF-BEGINNING. Containing 45.691 Acres of land more or less. DECLARATION OF COVENANT AND RESTRICTION ON LAND Exhibit "B" Page 1 of 2 THIS DECLARATION, made as of the date set forth below by Sebastian Crossings, LLC, hereinafter referred to as "Declarant", governs the use of the following described land lying and situate in Indian River County, Florida: See attached Schedule "A" containing a total of 60 acres more or less, hereinafter called the "Land", and provides that WHEREAS, Declarant is the owner of the Land as described above, which Declarant seeks to annex into the City of Sebastian, Florida, NOW THEREFORE, Declarant hereby declares that all of said Land described above shall be held, sold and conveyed subject to the following restrictions and · covenants, which are for the purpose of protecting the value and desirability of the Land, and shall mn with said land and be binding upon all parties having any fight, title or interest in the Land or any part thereof, their heirs, successors and assigns, and shall accrue to the benefit of each owner thereof: For a period of ten years fi.om the date of annexation of the Land, Declarant, its heirs, successors or assigns, covenant that they shall not apply to rezone the Land, or otherwise seek to change the use of said Land, in any manner that results in a residential use density greater than 3 units per acre. The City of Sebastian is designated as a third-party beneficiary of these Covenants and Restrictions, and Declarant stipulates that said third-party beneficiary shall be entitled to refuse any application or proposal submitted in violation of these Declarations without recourse by Declarant. Exhibit "B' Page 2 of 2 IN WITNESS VOtEREOF the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of this day of ,2004. Signed, sealed & delivered In the presence of: Sebastian Crossings, LLC, Declarant By: Printed name: Printed Name: Witness Its: Printed Name: Wimess STATE OF FLOR]I)A COUNTY OF I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared , as of Declarant, to me known to be the person described in the foregoing instrument or who provided as identification, who executed the foregoing instrument and acknowledged before me that he/she executed the same. Said person was not under oath. WITNESS my hand and official seal this day of ., 2004. Notary Public My Commission Expires: ~d's NOTICE OF COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT AND REZONING REQUEST The City Council of the Ciq of Sebastian, Indian River County, Florida, pr~p~e~ to adopt the followthg ORDINANCE NO. 0-03-20 ORDINANCE NO. O-03-21 NOTICE OF PUBLIC HEARINGS FOR VOLUNTARY. ANNEXATIONS, CITY OF SEBASTIAN, FLORIDA A) ORDINANCE NO. 0-04-07 AN ORD/NANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF H5 ACRES, MORE OR LESS, LOCATED ALONG B) ORDINANCE NO. O-04-11 C) ORDINANCE NO. O-04-13 : City of Sebastian Sebastian Crossings, LLC August 1, 2003 Mr, Tracy Hass City of Sebastian Growth Management 1225 Main Street Sebastian, FL RE: Annexation and Land Use Change Dear Tracy: We are requesting that the property described in the attached legal (and as shown on the enclosed boundary survey) be annexed into the City of Sebastian. Check ¢-:4635 in the amount of $300 is included for ihe annexation fee. We are also requesting that the same property be submitted for a land use change. The required applications and boundary surveys are enclosed. Check ¢¢4636 in the amount of $1500 is included for the land use amendment fee. Please call me at 321 953-3300, ext. 266, if you have any questions or need additional information. My cell is 321 626-9946. Feel free to call me on that number at any time. Thank you for your assistance in' this process. Sincerely, P; Michael Evans CC: Bill Drost Timothy Campbell File 1682 W Hibiscus Blvd. Melbourne, FL 32901 Phone: (321) 953-3300 Fax: (321) 984-2890 171.044 Voluntary annexation.-- (1) The owne~or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing bod~/of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears ~e signatures of all owners of property in the area proposed td be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each Week for 2 consecutive weeks in some newspaper in such city or town or, if= no newspaper is published in said city or town, then in a newspaper published in the same countT; and if= no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed, The description shall inctude a map ctearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city cle~. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit cour~ and the chief administrative officer of the county in which the municipality is located and with the Department of State withid 7 days after the adoption of such ordinance. The ordinance must include a map which cleaHy shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shah not apply to municipalities in counties with char~ers which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action ch'ailenging the. annexation. HIstory,---s. 1, ch. 74-190; ss, 4, 5, ch. 75-297; s. 3, ch. 7~-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Second reading and adoption hearing 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. Te~ence R~Moore Agenda No. ~)~/. / ~ ~_ Department Origin: Growth Management Purchasing/Contracting: Finance Director: City Attorney: ~ City Clerk: Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: 0-03-24, Location Map, Application and P&Z recommendation. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 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 (Aghcultural) 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 milts/acre. The LDR land use category perrmts a maximum of 5 units per acre. RECOMMENDED ACTION Conduct final public hearing. Staff recommends the City Council move to adopt this ordinance. "Move to adopt Ordinance No 0-03-24." ORDI2'qA_NCE NO. O-03-24 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN A1M[ENDM]ENT TO TIq'E CO1VfPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIITICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND GENERAL COMM]gRCL4~ (CG) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-I) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RFVER MIDLE SCHOOL KNOV/N AS SEBASTIAN CROSSINGS; A1LrrHORITJNG FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVI])ING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Sebastian Crossings, LLC, for an an~endrnent to designate a'x initial land use for certain propm-~y considered for annexation from its existing County Future Land Use Map designation of L-1 (Low-Density Resident/al, 3 units per acre) to two parcels designated LDR (Low Density Residential) and CG (Commercial General) in the City; and WlqEREAS, the City Council has considered the criteria identified in Section 20A- l 1.8(c) of the Land Development Code and Flor/da Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WI:W, REAS, the City Council bas provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WIt~,,REAS, the City Council has considered the applicable provisions of the existing Comprehensive Laud Use Plan; and WlgE, REAS, the City Council has deter3'.ined 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 TlrrE. CITY COUNCI~ 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 "4" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected properly, and designate the following described property as LDR (Low Density Residential): Parcel "B" as set forth in the attached Exhibit ..... and shall designate the following described property as Commercial General: 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 ~ action finding thc amendment herein/n compliance and annexation of the property into the corporate limits of the City of Sebastiau. PASSAGE UPON FIRST READING The foregoing Ordinance was mo/~d f~r p~sage upon first reading this 17th day of December, 2003, by Councilmember /~f ~5 . The motion was seconded by C~uncii~a~_~r %~"ZA/~O and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes V/ce-Mayor Ray Cordglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan McCollum ATTEST: Sally A..Main, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was az follows: Mayor Vice-Mayor Councitmember Counciknember Councilmember and, upon being put to a vote, The MaYor thereupon declared this Ordinance duly passed and adopted this __ CITY OF SEBASTIAN, FLOKIDA 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: Rich Stringer, City Attorney 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 par~dcularly described as follows: Beg innidg at the Northeast corner of the Southeast 114 of said Section 22; thence South 00°'~2'10'' West along the East iine of the Southeast 1/4 of said Section 22., said line als0 being the East line'of lands described In Deed Boon C015, Page 0305, of the Public records of said indian River County, a distance of 867.71 Feet to the POINT-OF-BEGINNING of the h~reln described pa'cat; ,.hence continue South 00°12'10" West alc~g the said East line of the Southeast 1/4 of said Section 22, a distance of 101.34 FeeS 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°02.'0"I" West along the North line of said Romar Subdivision, a distance of ?"15.88 Fsettothe 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 No~h Right-of-Way line of County Road 51= (ss described In F.D.O.T. Maintenance Map 88040-25'15); thence run along said North Right-of-Way line for the following seven calls: North $9°39'25" West, a distance of 1G'1.4.5 Feet; thence North 80"55'$7" West, a distance of 200.09 Feet; thence North .89°4;2'12" West, a distance of 199.04 Feet; thence North 88°33'28" West, a distance of'100.02 Fast; thence North 81°44.'02" West, a distance of 100.98 Feet; thence North 82°5,1'38'' West, a dlstsnce of 100.7Z Feet; thence North 89°42',12'' West, a distanc~ of 1t9.41 Feetto the Southeast comer of lands descrfbed in O.R. Boon 088T, Page 0<301, of the said Public recor0s of Indian River County; thence North 00°08'39° East along the East line of said O.R~_Book 0697, Page [~90't, a distance of 355.08 Fees; thence leaving said East line run North 65°57'4'1" East, a distance of 588.48 Feet; thence No~d3 82°'~8'08" East, a ~stance of 44.8.89 Feet to the West ]the of said Deed Book 0015, Page 0305; thence South 00°12'10'' West along said West tine, e distance of 364.01 Feat; thence North 80°52'0'1" 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 oflar~t more or less. PARCEL LEGAL DEscRIPTION: (BY SURVEYOR) A parcel of land lying In Se ction 22., Towes;3fp 3'1 South, Range 38 East, Indian River County, Flodda, being more particularly described as follows: Beginning at the Northeast comer of the Southeast 114 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 lins of the South 1/2 of the Northeast 1/4 of said Section 22., said line also being the North line of lar]ds described in Dead Book 0015, Page 0305, of the Public records of said Indian Rive~' County, a distance of 209.00 Fe~t; th once South 00',12''10" West along the West line of said Deed Book 0015, Page 0308, a distance of Z38.46 Feet; thence leavtng said line run South 37°40'83" West, a distance of 80.10 Fact tea point onthe North line of said Deed Book 0015, Page 0308; thence North 89°47'S0'' West along the Nort~ line of said Deed Book 0015, P age 0308, a distance of 448.66 Feet; thence South 00=12't 0" West along the West line of said Deed Book 0015, Page 03~&, a distance of 317.03 Feet; thence South 82°19'08" West, a distance of 448.80 Feat; thence South 60'$7'41" West, a distance of 588.46 Feet to the East line of lands described In O.R. Book 0697, Page 0901, at the said Pub0c records of indian River County; thence North 00'0S~J8'' East along said East line, a distance of 1,086.20 Fees a point on the North line of the South of the Northeast 1t4 of said Section 2.2., said line also being the South line of lands described in O.R. Book 1092, Pages 0616-0620, of the said Public records of Indlan River County;, thence South 89'47"S0*' East along, said North and SoUth line, a distan ce of 1,$gl .79 F est to a point the East line of the Northeast '114 of said Section 22; thence South 00°25'23" West along said East line, a distance of 663.~ Feet to the POINT-OF;BEGINNING. Containing 45.091 Acres of land more or less. o Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Sebastian Crossings Requested Action: Land Use Change from L~I (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~-00009-1000.~0-3002.0,; - .... 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 14th Avenue Vero Beach, Florida 32960 772-569-0035 fax: 772-778-3617 Project Engineer: Same as above Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patrfck Drive, Suite H Satellite Beach, Florida 32937 321-7734323 fax: 321-777-4795 Project Description ac 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 '%" 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 (low 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 Zoning A-1 (County - Agriculture) Current Land Use Future Land Use North: CON-1 Conservation C-1 East: RS-20 Single Family/V'~cant LDR A-1 (County) Cemetary L1 CL Speedway Gas Station C/I South: A-1 Vacant L-1 (County) CL Vacant C/I West: A-1 Middle School L-1 (County) 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) PoiicelFire: 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 2 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 12. 13. 14. 16. 17. Changed Conditions: Vacant agriculturally zoned property, with proposed change to single-family residential and commercial. 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 de?~lopment. 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 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. 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. 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. 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 impact 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 u~dlized 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-t (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). 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 ~ naximum of 5 units per acre. 20. Conclusion: The requested land use change from L-I (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: Ci ?ouncil. The land use change shall be conditioned upon receipt of annexation approval by DA'~ 4 City of Sebastian Development Order Application Permit Application No, Apolicant (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 applicant) Name: CP~F - Panther Il, LLC Address: 500 S. Florida Ave., Suite 800, Lakeland, FL 33801 Phone Number: ( 863 ) 647 55.37 FAX Number: ( 883 ) 647 -. 5012 E-mail: 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, COP[ES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A%TACHED 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 Zonino Classification: County A1 Future Land Use: County L-1 Existin(~ Use: Vacant Proposed Use: Mixed Use Development C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): See Attachment 1 DATE RECEIVED:<:~ ! [ t O~ FEE PAID: RECEIVED Permit Application No. D. Proiect Personneh 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 Attorney: 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: '7~ 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.corn 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 - 4-!,45 E-maih PLSS060@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 AP_P~LI_CA. TI~;~4 ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ ~ .~/~,,.¢~' 8/1/03 SIGNATURE DATE NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NOJEXPIRATION SEAL: SWORN AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 1st DAY OF Auqust , 2003. / St~c~ ale ,~ T,',?¥ H.^.L ~ Notary Public, State of ,Ci0rida My c0mm. exp. June ! i, 2006 Comm. Ne. DO 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. IRVE,__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 tN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IRVE 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 ASSERTATtON 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. ./~Z~ ~--~'-~-- .¢'-J' 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 Auqust ,2003 STACYHALL NOta~ Public, State of Florida My comm. exp, June 1~, 2006 O0mm. No. BB 124556 '- Pen-nit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: L-i __2. Proposed land use map designation: Commercial General (CG) &nEDPJt]I 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 ord ,nances of the City. The proposed use is in conformance with the elements of the Comprehensiw Plan and ouher applicable ordinances. 5. Is the proposed amendment consisLen[ with the other elements of the comprehensive plan? If not, which one(s)? Yes Is the proposed amendment in co¢rormance with applicable substantive requirements of the city of Sebastic.: Code of Ordinances? If not, which one(s)? Permit Application No. What tand use and development chan';es have occurred since the effe~ive date of the comp~hensive plan which are relevant to the proposed amendment? ~v~r~l pa~¢~]~ ~ the vi¢~nlry 8. is the proposed amendment compatib!'' .vith ~he existing or future land uses of the city? If not, why not? 7~s 9, Are there adequate public facilities to set. 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' :pacL ~o Permit Application No, 11. Would the proposed amendment ad,, area, the general health, safety and we of the city? If so. describe how, No 'y affect the property values of the and impact the financial resources __ 12. Does the proposed amendment result not, describe. an ordedy development pattern? If 13. Attached the following: a. A vedfied statement showing e¢ legal and]or equitable ownershiF publicly held corporations wh: recognized stock exchange, in v.. corporation and principal execut! b. Attach a list of the names and ~ property within three hundred (3~_ c. A sur~ey and legal descriptio: 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 e t of the parcel to be considered. property for which the land use PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003 The vote was 5-1. Motion carded. MOTION by AJlocco/Kaough "l make a motion that we Irecommend to city council to approveI the zone change from Industrial to RS-10 on (he Roseland Satellite Tract #3." Roil Call: Chron. Smith . yes Mr. Blessing no Mr. Faille yes Mr. Keough (a) yes Mr. Mahoney yes Mr. Allocco yes The vole was 5-1. Motion carried. PUBLIC HE. ARJNG - RECOMMENDATION TO CITY COUNCIL - LAND USE MAP AMENDMENT & RE.ZONING/CONCEPTUAL PLAN (FOR ANNF_,Y,A~ON) -SEBAST]AN 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 lhe subject property with approximately 14 acres commercial and 45 acres residential. Chmn Smith opened the public hearing at 7:45 p.m. Mr. Hess added that the proposed density of the PUO-R is 2.91 units per acre, which is under the 3 units per acre threshold that currently governs this proper'b/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 wilI remain pdvate and not the city's responsibility. Mr. Mahoney asked for an explanation of available utilities. Mr. Hess said that they are available in the service area and the developer would be required to extend the lines into the proiect. 'Fhere was discussion regarding the right-of-way width, sidewalks, easements and lot sizes. Mr. Allocco confirmed with Mr. Evans that there will be a naturat 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, 4.85 Lighthouse Avenue, Sebastian, Flodda, liaison of'ricer for the Sebastian Property Owners Association wanted to go on record that the property owners association is categorically opposed lo any reduction to tot 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. ( ere were no other public comments. Chmn Smith closed the headng at 7:59 ~.m. 3 PLANNING AND ZONING COMMISSION MINUTES OF R'EGU. LAR MEET1NG OF OCTOBER 2, 2003 Mr. Stinger directed De commission that they could either note for the record they are defemng their decision on minimum lot sizes untiI they come in or set something right now. Mr. Haas referenced the presentation at city council regarding lot sizes and setbacks and said that the council did net outline specific criteda but t~ed 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 c/b/. 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 ¼ feet'would be acceptable. Lot sizes would be established by density and setbacks. There is no establishment of firm minimum boundaries at [hJs par(icular ¢)oint 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-O. 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. AHocco yes Mr. Blessing yes Mr. Mahoney yes The vote was 6-0. Motion carried. MOT1ON 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. Mot/on carried, D. PUBLIC HE. ARING - RECOMMENDATION TO CI'T'Y COUNCIL - LAND USE MAP AMENDMENT & REZONINGICONCEPTUAL PLAN (FOR AN NE..Y..ATIO N) - RIVER OAKS PRESERVE - LANFAJR AVE LIGHTHOUSE AVE SOUTH TO CR510 - PtJD-R 4. CITY OF SEBASTIAN AGENDA TRANSMITI'AL Subject: Second reading and quasi-judicial public hearing for Ordinance O-04-12; PUD conceptual development plan and rezoning request from A-1 to PUD-R and CG for a proposed 60+/- acre residential and commercial subdivision situated to the northwest of the intersection of County Roads 510 & 512. 0~l~proved. f~S~ b[:.City Manager Agenda No. 0 ¢ / ~ Purchasing/Contracting: Finance Director: City Attorney: ~ City Clerk: ~ Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: O-tM-12, Location Map, Conceptual Plan, StaffReport, P&Z recommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED:REQUIRED: APPROPRIATION 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 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 designahon and the applicant wishes to annex the property with a PUD-R (planned unit development-residential) and CG (Commercial General) zoning, with a comprehensive land use designation of LDR (Iow density residential) and CG (General Commercial). The conceptual plan outlines a total of 133 s'mgle-family lots on 45.691 acres, for a proposed density of approximately 2.91 units/acre. The LDR land use category pennits a maximum of 5 units per acre. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on October 2, 2003. RECOMMENDED ACTION Conduct the quasi-judicial public hearing for Ordinance No. 0-04-12. Staff recommends the City Council adopt Ordinance No. 0-04-12. "Move to adopt Ordinance No. O-04-12." ORDINANCE NO. 0-04-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL GENERAL (CG) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sebastian Crossings, LLC has filed a petition for amendment to the Zoning Ordinance; and WltEREAS, 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 WItEREAS, the City Council as made the following findings: 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 Cede 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 pmpe~rty 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, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit ".4 ': Section 2. PLANNED UNIT REZONING. The real property described as Parcel "B", as set forth in the attached Exhibit "A", 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. COMMERCIAL PARCEL REZONING. The real property described as Parcel "A", as set forth in the attached Exhibit "A", is hereby given an initial City zoning designation of Commercial General (CG). Section 4. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. CONFLICT. All ordinances or parts of ordinances in conflict herewith are Section 5. hereby'repealed. Section 6. 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 of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. 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 effective date of Ordinance 0-03-24. The foregoing Ordinance was moved for adoption · The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 2004. day of June, CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney EXHIBIT "A" PARCEL 'A' LEGAL DESCRIPTION: (BY SURVEYOR) A parcel of land lying in Section 22, Township 3`1 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Beginning at the Northeast corner of the Southeast 114 0f~aid Section ~2; 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 867.7'1 Feet to the POINT-OF-BEGINNING of [he 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 ot indian River County; thence South 80°92'01" Wes~ along the North line of said Romar Subdivision, a distance of7'15.88 Feettothe 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~ 2.21.00 Feet to the North Right-of-Way line of County Road 9'12 (as described in F.D.O.T. Maintenance Map 88040-2915); thence run along said North Right-of-Way line forthe following seven calls: North 89"39'26" West, a distance of 161.45 Feet; thence North 89°99'37" West, a distance of 200.09 Feet; thence North 89°42'12" West, a distance of 1.99.94 Feet; thence North 88°33'28" West, a distance (~f100.02 Fe~t; thence North 8`1°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 '1'19.41 Feet to the Southeast comer of lands described in O.R. Book 0697, Page 090'1, of the said Public records of Indian River County; thence North 00°08'39" East along the East line of said O.R. Book 0697, Page 0901, a distance of 35S.08 Feet; thence leaving said East ]ins 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't0'' West along said West line, a distance of 364.8'1 Feet; thence North 80°52'0'1" 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, Ftodda, being more particularly described as [ollows: Beginning at the Northeast corner of th e Southeast 114 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 1/2 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; then ce 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 8ne run South 37°40'~3'' West, a distance of 90.10 Feet to a point onthe North line of said Deed Book 0015, Page 030S; thence North 89°47'50" West along the North line of said Deed Book 0015, Page 0305, a distance of 448.66 Feet; thence Sooth 00"12'10" West along the West line of said Deed Book 00'15, Page 0305, a distance of 317.03 Feet; thence South 82°19'08" West. a distance of 448.89 Feet; thence South 66°57'41'' West, a distance of 588.45 Feet to the East llne of lands described in O.R. Book 0697, Page 090'1, 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 Feat a point on the North line of the South 112 of the Northeast 1/4 of said Section 22, said line also being the South line of rands descflbed 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 distan ce of 1,591.79 Feet to a point the Bast line of the Northeast 1/4 of said Section 22; thenCe South 00°2S'23'' West along said East tine, a distance of 663.99 Feet to the POINT-OF-BEGINNING. Containing 46.691 Acres of land more or less. Growth Management Department 'Rezoning Application - Staff Report Project Name: Sebastian Crossings Requested Action: Zoning designation request for PUD-R 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, Flodda 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, Flodda 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 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 properly 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: A-1 (County - Agriculture) Adjacent Properties CurrRnf I ~nH [l~ FHh~r~ l 2nd I1~ North: CON~I Conservation C-1 East: RS-20 Single Family/Vacant LDR A-1 (County) Cemetary L1 CL Speedway Gas Station C/I South: A-1 Vacant L-1 (County) CL Vacant C/I West: A-1 Middle School L~I (County) d. Site Characteristics (1) Total Acreage: 60.094 acres (2) Current Land Use(s): Vacant (3) Soil: Riviera, Wabasso (4) Vegetation: Various Material (5) Flood Hazard: Zone A, AE and X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Sebastian River Buffer Preserve - adjacent (9) Police/Fire: Comprehensive Plan Consistency Sebastian Police 4 miles County Fire - 2 miles a. Future Land Use: L-1 (County- 3 unitS/acre) b. Level of Service Traffic: The proposed will create an ADT of 1,330 trips (133 units x 10 trips per day per unit). Therefore, there will be an increased demand on 2 10. 13. 14. the existing roadway network. However, CR 510 & CR 512 are operating well below capacity, and CR 512 is planned for 4-1aning to 1-95. Phase I of the subdivision incorporates two "primary" access points; one of which will be a direct access to CR 512 to the north, the other a direct access to CR-510 to the west. (2) Potable Water: Applicant will be required to connect to county utilities, as they are currently available. Therefore, creating a positive impact by reducing the number of future potable wells. (3) Wastewater: Applicant will be required to connect to county utilities, as they are currently available. Therefore, creating a positive impact by reducing the number of future septic systems. (4) Stormwater: The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (s) Recreation: 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. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently used as a citrus grove. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is an inactive citrus grove, with proposed change to single-family residential. 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. Adequate Public Facilities: Provided - public utilities (water, wastewater) well 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 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. 3 15. 16. 17. 18. 19. 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. 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. 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. 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. Analysis: Sebastian Crossings, LLC, recently flied 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 rezoning from A-1 (County) to PUD-R 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 the City Council for the requested re-zoning with the following conditions: The re-zoning shall be conditioned upon receipt of annexation approval by the City Council. PR~ARI~D~-~Y DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003 The vote was 5-1. Motion carded. MOTION by AlloccolKeough "l make a motion that we [recommend to cit,/council to approve] the zone change from Industrial to RS-10 on Ihe Roseland Satellite Tract #3." Roil 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 ANNF__,Y,.AT]ON) - 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 proper'b/with abproximately 14 acres commercial and 45 acres residentiai. ChmnSmithopened~hepubiicheadngat7:45p.m- Mr Hassaddedt~atthepro0osed density o¢ the PUD-R is 2.91 units per acre, which is under ~he 3 units per acre threshold [hat currently governs Ibis property within the cour~q/ As Ihis is iust the conceptual plan Ihe Ici sizes are not deiailed in !he presenlation. Access points and storm water drainage points have been shown on the plan. Detail plans and environmental issues wiIl be addressed at [he preliminary stage of [he project. All roads and drainage ,gill remain private and not ihe city's responsibilitT. blr. blahoney asked for an explanation of available utilities. Mr. Hass said that they are available in the service area and the developer would be required Io 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 beb,veen the residential and commercial zones and was concerned that there was a headstone at the Fetlsmere 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 Io 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 proPe~Y 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. Bec~with said it was by approval by the board of directors. There were no ot~er 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 Ihey could either note fer the record they are deferring their decision on minimum lot sizes until they come in or set something right' now. Mr. Hess referenced the presentation at city council regarding lot sizes and setbacks and said Ihat ihe council did not outline specific criteria but Iried 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 cib/. An example would be if a site were L1 County at 3 units per acre we would tW to keep the development at 3 units per acre in the city. Regarding setbacks, 7 to 7 ¼ feet would be acceptable. Lot sizes would be established by density and setbacks. There is no establishment of firm minimum boundaries at this paciicuiar 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 far the land use change from L1 County To Low Density Residential and Commercial General" Roil Call: Mr. Faille yes Mr. Allocco yes Mr. Mahoney yes Chron. Smith yes Mr Blessing yes Mr. Keough (a) yes The vote ,Nas 6-0. Motion carried. MOT1ON by Smith/Blessing "1 make a moiion [to recommend io city council] approval of the zoning designar, ion 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. MOT1ON by AIIocco/Keough "1 make a motion [to recommend to city council] approval of the zoning designation request for CG" Roll Ceil: 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 CI ~-fW COUNCIL - LAND USE MAP AMENDMENT & REZONING/CONCBPTUAL PLAN (FOR ANNEXATION) - RIVER OAKS PRESERVE - LANFAJR AVE & LIGHTHOUSE AVE SOUTH TO CR510 - PUD-R 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 applicant) Name: CRF- Panther II, LLC Address: 500 S. Florida Ave., Suite 800, Lakeland, FL 33801 Phone Number: ( 863 ) 647 5537 FAX Number: ( 863 ) 647 - 5012 E-mail: tcampbell(~ccmattorneys.com Type of permit or action requested: Rezoning PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTtON THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS ETC. SHALL BE A"I-FACHED AND 8 %" BY 11" COPIES OF ANY A'J-FACHMENTS SHALL BE INCLUDED. A3-FACH 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 Development C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED:%/_L_~_ t2"5 FEE PAID: RECEIVED 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-mail: elizabeth@fmdc.cc Attornev: Name: Timothy F. Campbell, Esquire, Clark, Campbell & Mawhinney, P.A. Address: 500 S. Florida Ave., Suite 800, LakeJand, FL 33801 Phone Number: (863) 647-5337 FAX Number: (863) 647-5012 E-mail: tcam pbell@ccmattorneys.com EncJineer: Name: Mosby & Associates Address: 2455 14th Avenue, Post Office Box 6368, Vero Beach, FL 32961-6368 Phone Number: (772) 569-0035 FAX Number: (772) 778-3617 E-mail: mosby001 @yahoo.corn Surveyor: Name: William Mot-[ Land Surveying, Inc. Address: 3716 N. Wickham Rd., Suite 3, Melbourne, FL 32935 Phone Number: ( 321 ) 751 - 4444 FAX Number: (321) 777 - 4445 E-maih 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 ~N ..~/~~CURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. 9/12/03 S~N~,TU~E DATE SWORN AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO MF OR PRODUCED AS IDENTIFICATION, THIS 12th NOTARY'S SIGNATURE PRINTED NAME OF NOTARY C OM MI.~.,%~N O./EX PiRATI O N DAY OF September 2003 Stac~lHale ... Notary Public, 5tale 0! ¢torlda My comm. exp. June 11, 2006 Comm, No. DD 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. I/WE,__THE OWNER(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. INVE 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 ASSERTAT1ON 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. ~ _/'~/P~,¢')' 9/12/03 SIGNATURE DATE Sworn and subscribed before me by P. Michael Evans Who is personally known to me or produced As identification, this 12th day of September ,2003 Notary's Signature ~//S~ Printed Name of Notary Commission No./Expiration Seal: STACY HALE Notary Public, State of Florida My comm. exp. June 11, 2006 Comm. No. DD 124556 Supplemental Information Rezoning Request AT-FACH ADDITIONAL PAGES, IF NECESSARY. Permit Application No, f X 1. Proposed Zoning: PUD-R/CG X 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. THE PROPOSED USES OF RESIDENTIAL AND COMMERCIAL ARE CONSISTENT WITH THE COMP. PLAN. X 3. Explain how the proposed rezoning is in conformance with the applicable substantive requirements of the City of Sebastian Code of Ordiances. ALL PROPOSED IMPROVEMENTS SHALL MEET ALL APPLICABLE CITY CODES. X 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONE, X __5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. THE PROPOSED REZONING IS COMPATIBLE WITH EXISTING PROPERTIES IN THE AREA. X 6. Are there adequate pubtic facilities to serve the proposed land use? YES. Form CD-2017 Revision: Pa~e 1 of 2 Approved: 08-27-97 Rezonin~ F e Name: S REZONE 'X~ 7, Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. ALL ENVIRONMENTALLY SENSITIVE AREAS WILL BE PRESERVED. X 8. Explain how the proposed rezoning will not adversely affect the properly values of the area, the general health, safety and welfare or the financial resources of the City. THE REZONING WILL INCREASE PROPERTY VALUES IN THE AREA. X 9. Does the proposed rezoning will result in an ordedy development pattern. THE PUD ENCOURAGES ORDERLY DEVELOPMENT OF STREETS, DRAINAGE, UTILITIES, AND LOT CONSTRUCTION. X 10. Attach the following: X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip 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. __ 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. X c. A survey and legal description of the property to be rezoned. Form CD-2017 Revision: Page 2 of 2 Approved: 08-27-97 Rezonin(j F e Name: S REZONE CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: First reading of Ordinance O-04- 13; petition for Voluntary Annexation by Woffe Development Inc for a 152-acre tract of land lying along CR 510 immediately south of the Sebastian Highlands known as River Oaks Preserve. roved f S ' I by: Ci.ty~Manager ~.~c/~o~e Agenda No. Department Origin: Growth ManaKement~/ Purchasing/Contracting: Finance Director: City Attorney: ~-- City Clerk: Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: O-04-13, letter of request, location map, Chapter 171.044 F.S. EXPENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY APPROPRIATION REQUIRED: WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development Inc., recently filed an application for annexation of a 152-acre parcel of land along CR 510 approximately % miles east of 82na 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 (low density residential). The conceptual plan outlines a total of 366 lots on 149.05 acres. Attached within the accompanying Ordinance is a restrictive covenant limiting the subject development to 3.00 units/acre as suggested by City Council during the March 24th Council meeting. RECO1VEVIENDED ACTION Conduct the public hearing. Staff recommends the City Council adopt Ordinance No. 0-04-13. "Move to adopt Ordinance No. O-04-13." ORDINANCE NO. 0-04-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development, Inc., the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WH]~REAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: PARCEL 1: West ½ less the West 40 acres of the Southeast ~A 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 ~/~ of the Northeast ¼ of Southeast ~A and South ¥2 of Northeast ¼ of Southeast lA and Southeast ¼ of Southeast ¼; less canal right-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 V2 of Northeast ¼ of Southwest lA, less canal right-of-way Section 25, Township 31 South, Range 38 East; Together with PARCEL 4: North V2 of the West 40 acres and the East 10 acres of the South 1/~ 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. INITIAL LAND USE AND ZONING CLASSII~ICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or pans 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 pan of this Ordinance is invalid, unenforceable or unconstitutional, including the DECLARATION OF COVENANT AND RESTRICTION ON LAND contained in Exhibit "A", the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached hereto as Exhibit "A", this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-26. 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this __ of June, 2004. · day CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk for Approved as to Form and Legality Reliance by the City of Sebastian: Rich Stringer, City Attorney DECLARATION OF COVENANT AND RESTRICTION ON LAND THIS DECLARATION, made as of the date set forth below by Wolfe Development, Inc., hereinafter referred to as "Declarant", governs the use of the following described land lying and situate in Indian River County, Florida: PARCE. L 1: West ~ less the West 40 acres of the Southeast ~A 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 ~ oftbe Northeast lA of Southeast ~,4 and South ½ of Northeast ¼ of Southeast lA and Southeast ~A of Southeast ~A; 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 I/2 of Northeast ~A of Southwest ~A, 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 ~ of the West 40 acres of the Southeast lA 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, hereinafter called the "Land", and provides that WHEREAS, Declarant is the owner of the Land as described above, which Declarant seeks to annex into the City of Sebastian, Florida, NOW THEREFORE, Declarant hereby declares that all of said Land described above shall be held, sold and conveyed subject to the following restrictions and covenants, which are for the purpose of protecting the value and desirability of the Land, and shall mn with said land and be binding upon all parties having any right, title or interest in the Land or any part thereof, their heirs, successors and assigns, and shall accrue to the benefit of each owner thereof: For a period of ten years from the date of annexation of the Land, Declarant, its heirs, successors or assigns, covenant that they shall not apply to rezone the Land, or otherwise seek to change the use of said Land, in any manner that results in a residential use density greater than 3 units per acre. The City of Sebastian is designated as a third-party beneficiary of these Covenants and Restrictions, and Declarant stipulates that said third-party beneficiary shall be entitled to refuse any application or proposal submitted in violation of these Declarations without recourse by Declarant. IN WITNESS WltEREOF the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of this day of ,2004. Signed, sealed & delivered In the presence of: Wolfe Development, Inc., Declarant By: Printed name: Printed Name: Wimess Its: Printed Name: Wimess STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared , as of Declarant, to me known to be the person described in the foregoing instrument or who provided as identification, who executed the foregoing instrument and acknowledged before me that he/she executed the same. Said person was not under oath. WINESS my hand and official seal this 2004. day of Notary Public My Commission Expires: IIS~, eld :InA ~d, ~de ill ;t I I II.~l II III ',/;I Idi I lei{1 NOTICE OF COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT AND REZON1NG REQUEST ORDINANCE NO. O~03-20 O~][lq.4'~dNCE NO. O-03-21 By: City of Sebastian NOTICE OF PUBLIC HEARINGS FOR VOLUNTARY ANNEXATIONS, CITY OF SEBASTIAN, FLORIDA A) ORDINANCE NO. 0-04-07 AN ORDINANCE OF THE CITY OF ~BASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND. ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE- B) ORDINANCE NO. O-04-11 AN ORDINANCE OF TH~ CITY OF SEBASTIAN, FLORIDA, FROVIDING FOR 'rli/~ VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 60 ACRE~, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR IlvrERIM LAND USE AND ZONING CLASS~ICATIOi~; PROVIDING FOR' CONFLICT; PROVIDING FOR AN EF~E~ DATE. C) ORDINANCE NO. O-04-13 kN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANIXrBXATION FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF C1~10 AND SOUTHEAST OF ELKCAM DAM KNOWN RIVER OAKS pRESERVE; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIYE DATE. By: City of Sebastian 171.044. Voluntary annexation.-- (1) The owner or owners of real property in an unincorporated a~ea of a county which'is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said' ¢~'operty be annexed to the municipality. (2) Upon determination by the governing body'of the municipality that the petiiion bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular mee(ing, adopt a nonemergency ordinance to annex said prcperb/and redefine the boundary tines of the municipality to include said property. Said ordinance sha~l be passed after notice of the annexation has been published at least once each week for 2 consecutN, e weeks in some newspaper in such c!ty or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4. consecutive weeks at some conspicuous place in said city or town. The notice shell give the ordinance number and a brief~ general description of the area proposed to be annexed: The description shall inciude a map cleady showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance ~dopted under this section shall be flied with the clerk of the circuit cour~ and the chief administrative officer of the county in which the municipality is located and with the Department of State Within 7 days after the adoption of such ordinance. The ordinance must include a map which cteaHy shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method ~f'annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with char~ers which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing] or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via ceflified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in (his subsection shall not be the basis of any cause of action challenging the annexation. Hist~ry.--$. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-~13; s. 1, ch. 90-171; s. 16, ch. 90-279; s, 16, ch. 98-176. CITY OF SERASTIAN AGENDA TRANSMITI'AL Subject: Second reading and adoption hearing of Ordinance No. 0-03-26; land use amendment for a 152- acre tract of land along CR 510 approximately % miles east of 82'a Avenue, and hereinafter referred to as River Oaks Preserve. Ap~~ ~ed t~lub ' y: City Manager Terr"~ce R. Mh~re Agenda No. ~qd / Department Origin: Growth Management Purchasing/Contracting: Finance Director; City Attorney: City Clerk: Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 Exhibits: O-03-26, Location Map, Application and P~Z recommendation. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUM-MARY WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development Inc., recently filed an application for annexation of a 152-acre parcel of land along CR 510 approximately % miles east of 82~ Avenue, and hereinafter referred to as River Oaks Preserve. Land use and zoning applications acenmpany the annexation request, along with the requisite and accompanying conceptual development plan. Additionally, within the county the property is currently zoned A- l (Agricultural) with an R (Low Density Residential, 1 unit per acre) land use designation and the applicant wishes to annex the propcmy 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 366 lots on 149.05 acres. RECOMMENDED ACTION Conduct final public hearing. Staff recommends the City Council move to adopt this ordinance. "Move to adopt Ordinance No 0-03-26." ORDINANCE NO. 0-03-26 A_N ORDINA.NCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO TmT~ COMPRE~NSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN ~ITIAL LA.ND 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, 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-Sehaffer, Inc., on behalf of Wolfe Development, Inc., for an amendment to designate an initial land use for certain prope~ considered for annexation from its existing County FuVare Land Use Map designation of R (Residential, 1 unit per acre) to a City desi~m~ation 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 Cornmlssion; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; end WI~F~AS, the City Counc'fl 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, TFfEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendmem 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 V2 of the Northeast ¼ of Southeast ¼ and South ½ of Northeast ¼ of Southeast ¼ and Southeast ¼ of Southeast ¼; less canal right-of-way: less South 40 feet for road right-of-way, Section 25, Township 31 South, Range 38 East. Said parcel covtainlng 60.74 acres more or less; Together with PARCEL 3: East ½ of Northeast ¼ of Southwest ¼, less canal right-ot;~way Section 25, Township 31 South, Range 38 East; Together with PARCel. 4: North V~ of the West ,~0 acres and the East 10 acres of the South ½ of the West 40 acres ofthe 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 DensiW Residential) in accordance with the requirements of Floricla 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. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a com't 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 pwvision. 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 Depamnent 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 m~y~d for p~. sage upon first reading this 17t~ day of Deceml~, 2003, by Councilme~mber ~4~ ~ . The motion was seconded by /~lO. vl~_/Vlt~ n._ /7 ~ . Cou~er ,~dLqK.f-~ and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coaiglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmernber Nathan McCollum ATTEST: Sally A. Iv~i~, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Coun¢ilmember motion was seconded by Councilmember the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmembgr · The and, upon being put to a vote, The Mayor thereupon declared this Ordinance duly passed and adopted this ,200__. C1TY OF SEBASTIAN, FLORIDA day of ATTEST: By: Mayor Approved as to form and legality for reliance by the City of Sebastian only: . Sally A. Male, CMC ,City Clerk City Attorney Permit Application No. City of Sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is requiredt Name: Rick J. Melchiori WCG/Neel-Schaffer, !nc. Address: 2145 14th Avenue, Suite Ph°neNumber:(772) 770 ' 4707 24~ Vero Beach, FL 32960 FAXNumbe~. (772)770- 4640 E-Mail: rmelchiori@wc~l · com Owner (If different fi-om applicant) Name: wolfe Development,Inc. Address:c/o Coastal Capital 747 Pontiac Avenue, Suite 309 Cranston,RI Phone Number; (401) 751 -6510 FAX Number: ( 401 ) 751 ' 6512 E-Mail: coastal capital@intap, net 12910 Title of permit or action requested: ~ Rezoninqr Conceptual Deve~opme~_t P_lan.,. Comprehensive PLan Ammendme t PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARS REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I-f'ACHED AND 8-1/2" BY 11" COPIES OF ANY A'~'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETALINFORMAT]ON FORM. IA. Project Name (if applicable): River Oak Preserve ] B. Site Information Address: Lot: Block: U nit: Su bdivision: Indian River County Paroel #: 31382500000500000003.0; 31382500000700000004.0; 31382500000"~n0nnnnnR Zoning Classification: A 1 Existing Use: Vacant 31 qR?EnnoRn700000002.0 Future Land Use: Residential Proposed Use: L.D.R. C. Detailed description of proposed activity and purpose of the r_eques, t.ed per, nit or a~io~3iattach = extra sheetsIfne~): Develo~ a 368 Single Family p.anne~ deve~opmen~ w~thin a 152.21 acre site ad~cent to the North side of S.R. 510 and z~Dr©'~-~'f ~./'~ m~1~ ~ ~¢ 82nd Avenue Permit Application Ne. D. Project Personnel: Agent: Name: Rick J. Melchiori WCG/Neel-Schaffer, Inc. Address 2145 14th Avenue, suite 24, Vero Beach, FL 32960 Ph°neNumbe~'(772) 770 4707 FAXNumber: (772)770- 4640 E"Maii:rmelchiori@wcgl . com Attorney: Name: Sam Block Address 979 Beachland Blvdf Vero Beachf FL 32963 Phone Number: (772) 231 -t 100 FAX Number: (772)231 ' 2020 E-Mail: En~linee~ Name: Ric~ J Mglgh_ior~, P.E ..... WCG[N_ee..l_-_S~cha. f_~er, Inc. Address 2145 14th Avenue, Suite 24, Vero Beach, FL 32960 Ph°neNumber:(772)770 - 4707 FAXNumben (772) 7-?0---46z~0 E-Mail: rmelchiori@wcgl . com Surveyor:. Name: D~vid M, Jones Address Ph°neNumber:(772)567 g875 - ~AXNumber: (772)567 -9t 72 E-Mail: 1, Rick J. Melchior i. PE , BEANS FIRST DULY SWORN, DSPOSE AND SAY THAT; I AM THE OWNER ~ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'Cf'hR OF THIS APPLICA'~ON, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. E ~ July ,~,, 2003 DATE SWORNTOANDBUSBDR,SEOSEPORBMESY ¢' WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS ~DEN%7~IC^T'ON, TH'S ~¢' D^¥ OF JUU¥ ,20 ~ ,~. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION N O ./~:.XPIRATION S~AL: Permit Application No, The f~llowing is r~luir~l for all c~mpr~a~ive plato ameadme~ts, z~ni~g ameadments (including r~zoning), site plaas, condltioaal .se mits, Sl~clal ~se permEs, ~arlaaces, IfC/E, __ THE OWNER(S) / ~ THE L~GAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APP%ICAT~ON, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Ci tv of S ~b~.$ tian ROARD/COMMISSION OF THE CTCY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND V1EW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. [/~E HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY FIOARD/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  .J~ADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN, ~---~/~ July ~-, 2003 SIC.-~II~ATU R EJ DATE Sworn to and subscribed before me Dy wt~o is pe II kn wnt or produced as identification, this ~ day of i'T/I C.V ,20_0.~_. Pnnted Name of Notary Commission No,/Expiration ~(~./ ~.~7-~'~" Seal: Permit Application Na, Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. ,,,' 1. Current iand use map designatJon: R-Residential (TRC) ~,' 2. Proposed land use map designation: L. 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 cans[stent with the other elements of [he comprehensive plan? If not, which one(s)? Yes ~ 6. 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? NO~ aware of relevant amendment ,.-- 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 pr~posea"iand 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 Aop/ic:ation No: ~ 1 l. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resoumes of the city? If so, describe how. [40 12. Does the proposed :amendment result in an orderly development pattern? If net, describe. ' 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 [he 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. 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: CE 510 approximately % miles east of 82"4 Avenue b. Legal: See Survey Indian River County Parcel NumberL 31-S3-25-.C0000-5000-00003.0 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 Project Agent: Rick J. Melchiod WCG/NeeFSchaffer, Inc. 2145 14t~ Avenue, Suite 24 Veto Beach, Florida 32960 772-770-4707 fax: 772-770-4640 Project Engineer: Same as Agent Project Surveyor: David M. Jones P.C. Box 650674 Veto 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 flied an application for annexation of a 152.21-acre parcel of land along CR 510 approximately 3,/, miles east of $2"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 properly 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 I52.21 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 Future Land Use Nor[h: RS-1 0 East: RS-1 0 A-1 (County) South: A-1 West: A-1 Single-Family/Vacant LDR Single Family/Vacant LDR Agricultural R Agricultural AG-1 (County) Agricul[ural AG-1 (County) d. Site Characteristics (1) Total Acreage: 152.21 acres (2) Current Land Use(s): Agricultural (Citrus Groves) (3) Soil: Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: Zone A, AE and X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Sebastian River Buffer Preserve - 1/2 mile (9) Police/Fire: Sebastian Police 7 miles County Fire - 5 miles Comprehensive Plan Consistency a, Future Land Use: Consistent b. Traffic Circulation: Consistent 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 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 th~ proposed land use char~ge due to'tJqe 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. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive ptan. 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 flied an application for annexation of a 152.21-acre parcel of land along CR 510 approximately % miles east of 82no 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 (low 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 requesteO 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: 1. The land use change shail be conditioned upon receipt of annexation approval by the City Council. PI:~A~E~ BY DA/CE ~ 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. Hess referenced [he presentation at oity council regarding lot sizes and setbacks and said that the council did not outline specific cdteria but tried to outline minimums that we s,hould negotiate out with developers and basically look to remain consistent with land use categories as they come into lhe 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 ci~. Regarding setbacks, 7 to 7 ½ feet woutd 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. MOT]ON by Smith/Blessing make a motion [to recommend to city council] approval for the [and use change from Lq County to Low Density Residential and Commercial General" Roll Call: Mr. Faille yes Mr. AIIocco yes Mr. Mahoney yes Chmn. Smith yes Mr. Blessing yes Mr. Keough (a) yes The vote was 6-0. Motion carried. MOTION by Smith/Slessing "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; 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: IVlr. Faille yes Mr. AJlocco yes Mr. Mahoney yes Chmn Smith yes Mr. Blessing yes blt. Keough (a) yes The vote was 6-0. Motion carried. PUBLIC HEARING - RECOMMENDA'IqON TO CITY COUNCIL - LAND USE MAP AMENDMENT & RE. ZONING/CONCEPTUAL PLAN (FOR ANNEXATION) - RIVER OAKS PRESERVE - LANFAIR AVE & LIGHTHOUSE AVE SOUTH TO CR510- PUD-R 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR ME~-'F1NG OF OCTOBER 2, 2003 Mr. Rick Melchiod with WCGtNeeI-Schaffer, 2145 14~n A~enue, Vero Beach, Florida presented the application. It is approximately 152 acres with 388 proposed residential units. The lots are 70' and 55' wide with proposed 7 ~/~' setbacks. The subdi*/ision 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, tot sizes, density, etc. The main access point will be at CR510 making this lhe 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 58' 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 Ihey suggested to applicants for rezone within the urban service area inside of 510 to annex into Sebastian. Mr. Meichiori added that the county did in fact tell them to contact Sebastian instead of applying for a rezone. Mr. Hass said the submit[ed plans did incorporate the minimum side setbacks of 7 ¼' and everything is consistent with the direction city council has given staff. Mr. Mahoney discussed 10t sizes an'd set~acks-. Mr. Allocco noted lhat the site is in a flood zone and questioned if it would remain so after lhe 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 ail 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 Cottier Club. Mr. Hass added that the county is currently entering into negotiations with the state DOT for [he 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, Flodda asked what is to become of the large stand of trees [hat parallels Lighthouse Avenue. Mr. Metchiori said it is designated as a preserve and the Irees 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, Florida requested clarification regarding the lot configuration and buffer and noted his concern about the eagle and panther seen in that area. Mr. Melchiod said environmental studies would be done prior to development. Mike Lily, 1820 Ocean Breeze Street, Sebastian, Ftodda would prefer to have 25' rear yard setbacks. He also questioned proposed modifications to be done to the river. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003 Michael Roth, 474 Memodal Avenue, Sebastian, Flodda Was concerned about the trees and wiidtife that would be affected by the development. Chmn Smith closed the hearing at 8:56 p.m. MOT]ON by Keough/AJlocco "1 make a motion to [recommend to dty council] approval of the land use change from R County to LDR" Roll Call: M~. 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. MOTION Smith/Allocco "1 make a motion to [recommend to city council] approval of the rezone from A1 Count}/ to PUD-R" Roll Call: Mr. Faille yes Mr:-Bles-sir~g Chmn Smith yes Mr. Kecugh (a) yes Mr. Mahoney yes Mr. Allocco yes The vote was 6-0. Motion carried. CHAIRMAN MAT-FERS: MEMBER MATTERS: None Mr. Mahoney was pleased to see 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. Seeley agreed. Mr. Smith said he had discussed this with Mr. Hass and Mr. Stringer and they are trying to get something together. Mr. Allocco asked if aerials of application sites could be included in the packets and Mr. Hess didn't think that would be a problem. Mr. Blessing requested an amendment to the LDC to include a new Iow-density designation. Mr. P[ass said the [ler 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 [here was a date for the Beachwatk Preserve to return to the agenda and Mr. Hess said the earliest may be November 6 but he has not heard from the applican.t 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 CITY OF SEBASTIAN AGENDA TRANSMITrAL Subject: Second reading and quasi-judicial public hearing for Ordinance O-04-14; PUD conceptual development plan and rezoning request from A-1 to PUD-R for a proposed 152-acre tract of land situated along County Road 510 known as River Oaks Preserve. r o vf~~~)~t~.y.j~.City Manager Agenda No. ~(.//~ ~ Department Origin: .Growth Munagement--~/- Purchasing/Contracting: Finance Director: City Attorney: ~ .~f City Clerk: Date Submitted: May 21, 2004 For Agenda of: June 2, 2004 Exhibits: O-04-14, Location Map, Conceptual Development Plan, Application and P&Z recommendation. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development Inc., recently filed an ~plication for annexation of a 152-acre parcel of land along CR 510 approximately 3/4 miles east of 82 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-rasidential) zoning, with a comprehensive land use designation of LDR (low density residential). The conceptual plan outlines a total of 366 lots on 149.05 acres, for a proposed density of approximately 2.47 units/acre. The LDR land use category permits a maximum of 5 units per acre. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on October 2, 2003. RECOMMENDED ACTION Conduct the quasi-judicial public hearing for Ordinance No. 0-04-14. Staff recommends the City Council adopt Ordinance No. 0-04-14. "Move to adopt Ordinance No. 0-04-14." ORDINANCE NO. O-04-14 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 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development, Inc., 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 findings: 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 confomxity 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 TI-W~ 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: PARCEL 1: West V2 less the West 40 acres of the Southeast tA 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 IA of the Northeast lA of Southeast lA and South V2 of Northeast IA of Southeast ~A and Southeast ¼ of Southeast ¼; less canal right-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 V2 of Northeast IA of Southwest IA, less canal right-of-way Section 25, Township 31 South, Range 38 East; Together with PARCEL 4: North V2 of the West 40 acres and the East 10 acres of the South V2 of the West 40 acres of the Southeast ~/~ 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. 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 S. 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 of 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 0-03-26. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The IKayor thereupon declared this Ordinance duly passed and adopted this __ 2004. day of June, CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A.. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authodT, ation (notarized) from owner is required) Name: ~' Rick J. Melchiori WCG/Neel-Schaffer, Inc. Address: 2145 14th' Avenuer Suite 24r Vero Beack, FL 32960 Ph°neNumber~(772) 770 4707 FA~XNumber: (772)770' 4640 E-Mail: rmetchiori@wcgl .com Owner (If, different from applicant) Name: Wolfe Development,Inc. Address: c/o Coastal Capital 747 Pontiac Avenue, Suite 309 Cranston,RI Phone Number:(401) 751 -6510 FAXNumben (401) 751-6512 E-Mail: coastalcapital@intap, net 12910 ITitle of permit or action requested: Rezoninq, Conceptual Development Plan, Comprehensive Plan Ammendme~t PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. IA. Project Name (if applicable): River Oak Preserve S. Site Information Address; ~/~ Lot: Block: Unit: Subdivision: Indian River County Parcel #: 31 382500000500000003.0; 31 382500000700000004.0; ~eocnnnnnTnnnnnnn~ n- RI~R?R8~0007OOOQQQQ~.0 Zor~6g-CIEs~iEaii6n~ - - ' Fu~m Land Use: A .t Residential ~isting Use: Pm~s~ Use: Vacant L.D.R. 'C. Detai~ed des~ripti~n of pr~p~sed ac~¥ity and purp~se ~f the re~uest*ed per~it ~r a~i~r~ (attach extra sheetsifnecessary}: Develop a 368 Single Fami:¥ p].annect c~eve:opment within a 152.21 acre site adjacent to the North side of S.R. 510 a.~_A_ ~-~=~1~ ~/~ m~l~ ~ ~f 82nd ~venue DATE RECEIVED:.P ~ ~ FEE PAID: ~,'~ Permit Applic~'fion NB. O. Project Personnel: Agent: Name:Rick J. Melchiori WCG/Neet-Schaffer, Inc.. Address 2145 14th Avenue, Suite 24, Vero Beach, FL 32960 PhoneNumbec(772) 770 4707 FAXNumbe~ (772}770- 4640 E'Maikrmelchiori@wcgl . com Attorney: Name: Sam Block Address 979 Beachland Blvd, Vero Beach~ FL 32963 PhoneNumbec(772} 231 '1~00 FAXNumbec (772}231 - 2020 E-Mail: En(~inee r:. Name: R. ick~ J. Melchiori, P.E WCG/N. ee.~-_.S, chaffer, Inc. Address 2145 l_4_t_h_..~_v.~nu___e_,. S___uite 24, Veto Beach, FL 32960 Ph°neNumber:(772)770 - 4707 FAXNumber: (772) 770 4640 E-Maik rmelchiori@wcgl.com Surveyor:. Name: DAvid M, Jon~$ Address Ph°neNumber(772) 567 3875 --- ~AXN~mb~ri i~2)567-9172 E-Maik I, Rick J. Melch%ori. PE , SEING FIRST DULY SWORN, DEPOSE ANO SAY THAT: __ I AM THE OWNER AM THE LEGAL REPRESENTAT;VE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH iS THE SUBJECT MA]rEa OF THIS APPLICATtON, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPtJCAT1ON ARE ACCU ND TRUE TO THE SEST OF MY KNOWLEDGE AND BELIEF.  ~uly ~.,: 2003 DATE SwoRN To AND S SSOR,SED BEFORE w.o ms P~RSONALLY KNOWN TO ME OR PROOUCED NOTARY'S SlGNA~RE PRINTED NAME OF NOTARY COMMISSION Pen'nit A~plic~t~on No. The following is required f~r ail comprelaea~i~e plan ameadme.t~ zonin~ amendments (l.¢iudlag re~onlng}, slt~ plaas~ conditional us~ pecatlt~ special u~e permits, ,~arlance~, ~xceptfm~, and app~af~. I/~/E, THE OWNER(S) ! X THE LEGAL REPRESENTAT]VE OF THE OWNER(S) OF THE PROPERTY DESCRIBE[:) WHICH IS T~E SUBJECT OF THIS APPLIOATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE C~_t~" o~ Sebast lan BOARD/COMMISSION OF THE CiTY OF SABASTIAN TO PHYSI~Y ~R U~N ~E PROPER~ ANO VIEW ~E PROPER~ IN CONNECTION W~ MY/OUR PENDING ~PLiCATION. J/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICiAL NATURE Of THE PROCEEDINGS, RESULTff, iG FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUR.AL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVERj.AND CONSENT lB BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED  A~E, BY ANY EMPLOYEE, AGENT, CONTR.~CTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. ,..~-"'~J/.~ July ,2~r 2003 Swo~ to and subscdb~ before me by ~ ] ~H ,T ~ ~ t~ ~ who is pe il known ar p~uced as ~dentifi~tion, this ~day of ~ ~y ,20~. Nota~'s Signature ~/~ ~ ~~ Pfint~ Name of Notaw ~C~ .~ ~ Comm~sion No./Expiration '~ ~,/ ~ ~7,~ Seal: OR Permit Application No, __ HOME OF PI::UCAN ISLAND Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. ~ 1. Proposed zoning: PUD-R W'" 2. Explain how the proposed re. zoning is consistent with the other etements of the comprehensive plan. The proposed plan meets the requirem~ of the City of Sebastian Planned Development ~s v"' 3. Explain how the proposed mzoning is in con.finance wA applicable substance requirements of the Ci~ of Sebast~n Code of O~inances. The City of Sebastian code of ordinances have been adhered to, thus resulting in full conformance 1,/ 4. What land use and development changes have occurred since [he effective date of the comprehensive plan which are relevant to the proposed amendment? not aware of relevent ar~endments Explain how the proposed rezoning is compatible with [he existing o~ ~ture land usesoftheCi~/, The rezoning'will allow the City ~ furth expand their city limits ~ 6. Areyesthere adequate public facilities to serve [he proposed land use? Permit Application No. ~' 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment, Several areas of the natural environment have been placed within tracts that will remain undisturbed durinq development Explain how the proposed rezoning will not advamely affect the property values of the ama, the general health, safety and welfare or the financial resources of the city. The proposed r~z~n~ng wi]] be in c~mpliance with adverse affects of the neighboring property t/9. Desofibehowthepmposedrezoningwillmsultinano~e~ deve~pmentpaffem. Access between the proposed rezoning and the neighboring existing residential area has been provided/ thus resulting in a contiguous expansion of the City of Sebastian city limits u"'" 10, Attach the following: a. A verified statement showing each and every individual person having a legal and/or equitebie 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 officem shall be sufficient. i,/'b. A list of the names and addresses of all owners of parcels of mai property within three hundred (300) feet of the parcel to be considered. survey and legal description of the property to be rezoned. Permif:Applicafion No. Supplemental Information  Planned Unit Development, Conceptual Development Plan HOME OF PELICAN 15LAND (A'I'rACH ADDITIONAL PAGES IF NECESSARY.) w/l. D~be how ~epmposed~n~p~aldeveiopmentplanis ~is~nt ~ ~e elements of the Compmhensive Plan. The proposed plan meets the requirements of the City of Sebastian Planned Development v"2, D~ibehow~epmposedcon~ptualdevelopmentplanwillbein ~n~rmance with appliceble mquimmen~ ~ ~e C~ ~ Sebastian Land DevelopmentCode. The proposed plan meets the requirements of the City of Sebastian Planned Develooment Se~ Attached Pr~limln~ry Pl~ W'" 3. Would the conceptual development plan result in any incompatible land uses, considering the type and location of the uses involved? 5]0 w"'4. Descdbe how the proposed pdblic facilities are adequate to serve the proposed conceptual development plan. All public utilities (water/sewe: are provided by Indian River County and have the required capacity to service the project Permit Application Na. ,-" 5. Descdbe how the proposed conceptual development plan would not ~sult in a significant adverse impact on the natural environment. Several areas' of the natural environment have been placed within tracts that will remain undisturbed during development t'"' 8. Des~be how the proposed cenceptual devebpment plan would not adversely affect the propeRy values ~ the ama, the general heath, sa~ and we.re ~ the surrounding public, and not ne~gafively impa~ the finandal msoumes ~ the C~, The proposed conceptual development will be in compliance with the City of Sebastian requirements thus havin~ no adverse affects of the neighboring property ,,-" 7. Does the proposed conceptual development plan result in an orderly development pattern? Yes v" 8. Explain how the prOposed conceptual development plan is not in conflict with the public interest. The pro[~osed development will be accessib] to the neighboring residential areas and will confo~ ~0 ~11 City of Sebastian land development regulatior This will result in a contiguous expansion of the City of Sebastian city limits. e m s Permit Application No. 9, Attach the following: '~ a: A st of the names and addresses of all ownem 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, histodcel sites, tree groupings, wetlands, water courses, contours, the names of the property owners and existing land uses and zoning for all contiguous propem/, and the ~ocation 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. A statement of planning objectives. ~,'"'f. A proposed development schedule. ~'g. An environmental impact statement ',,-""h. A public facility impact statement. ~"~. A traffic impact statement and/or study. Growth Management Department Rezoning Application - Staff Report Project Name: River Oaks Preserve Requested Action: Rezoning from A-1 (County) to PUD-R Project Location a. AddreSs: b. Legal: CR 510 approximately % miles east of 82'~ Avenue See Survey Indian River County Parcel Number: 31-38-25-00000-5000-00003.0 31-36-25-00000-7000-00004.0 31-38-25-00000-7000-00003.0 3%38-25-00000-7000-00002.0 Project Owner: Project Agent: Project Engineer: Project Surveyor: Wolfe Development, Inc. c/o Coastal Capital 747 Pontiac Avenue, Suite 309 Cranston, RI 02910 (401) 751-6510 fax: (401) 751-6512 Rick J. Me~chiori WCG/Neet-Schaffer, Inc. 2145 14~ Avenue, Suite 24 Veto Beach, Flodda 32960 772-770-4707 fax: 772-770-4640 Same as Agent David M. Jones P.O. Box 650674 VeroBeach, Flodda 32960 772-567-9875 fax: 772-567-9172 Project Description Narrative of proposed action: 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 accompanyi conceptual development plan. Additionally, within the county the property is currently zoned A-I (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. Current Zoning: A-1 (County - Agriculture) Adjacent Properties North: RS-10 Single-Family/Vacant LDR East: RS-10 Single Family/Vacant LDR A-1 (County) Agricultural R South: A-1 Agricultural AG-1 (County) West: A-1 Agricultural AG-1 (County) d. Site Characteristics (1) Total Acreage: 152.21 acres (2) Current Land Use(s): (3) Soil: Agricultural (Citrus Groves) Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: Zone A, AE and X (6) Water Service: indian River County Utilities (7) sanitary Sewer Service: (8) Parks: Indian River County Utilities Sebastian River Buffer Preserve - 1/2 mile (9) Police/Fire: Sebastian Police 7 miles County Fire - 5 miles Comprehensive Plan Consistency a. Future Land Use: L-1 (County - 3 units/acre) b. Level of Service Traffic: The proposed potentially will. create an ADT of 3,680 trips (368 2 10. 11. 12. 13. 14, 15, units x 10 trips per day per unit). Therefore, there will be an increased demand on 'the existing roadway network. However, CR 510 is currently operating sufficiently below capacity and is programmed for 4-1aning in accordance with the Indian River County MPO's transportation improvement plan. (2) Potable Water: Applicant will be required to connect to county utilities, as they are currently available. Therefore, creating a positive impact by reducing the number of future potable wells. (3) Wastewater: Applicant will be required to connect to county utilities, as they are currently available. Therefore, creating a positiye impact by reducing the number of future septic systems. (4) Stormwater: The level of service standard is the same .for all development; therefore, no greater impact is expected by the proposed rezoning. (s) Recreation: The proposed PUD will be required to contain minimum open space and recreation areas to satisfy minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently used as a citrus grove. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is an 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) ,,viii 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 proper'b/is currently nat within the corporate limits of the City~ 3 16, 17. 18, 19. 20, 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 tand 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 enctave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The City does not permit agdculturel use and the proposed char~je to a single-family development is cons[stent 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. 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 sotid waste facilities. Analysis: 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~ 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 (Agdculturel) with an R (Low Density Residential, I 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. Conclusion: The requested rezoning from A-1 (County) to PUD-R is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 4 21. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to the City Council for the requested re-zoning with the following conditions: Council. The re-zoning shall be conditioned upon receipt of annexation approval by the City DATE PLANNING AND ZONING COMMISSION MINUTES OF REGUL~,R MEE'T]NG OF OCT©SER 2, 2003 Mr. St,dr deferring now. Mr. setbacks minimums that consistent site were L1 per acre in the city.' would be estal minimum houri( negotiating out Lhese r directed the commission lhat Ihey could either Rote ior ion on minimum lot sizes until they come in or referenced ~he presentation at city council regardi lid that Ihe council did. not outline specific should negotiate out with developers and use categories as lhey come into the ci at 3 units per acre we would try ~,egarding setbacks, 7'to 7 F~ ' and setbacks. There ihis particular point and that les. ~ record they are g right lot. sizes and outline /'leek to remain An example would be if a the development at 3 units be acco Lot sizes · rtrm are ail about, MOTION by Smith/Bk make a motion (to recomn id to city COL approval for (he (and use change From L1 County to Low Oensity on,iai and ~mmerciat General" Roll Call: Mr. Faille yes Mr. AIIocco yes Mr. yes Chron. Smith yes Mr. 81essing yes Mr. Keough (a) yes The vote was 6-0. Motion card MOTION by Smith/Blessing "1 make a motion {to request For PUO-R" Roll Call: Faille Chmn Smith IVlr. Slessing The vote was Motion carried. MOTION bl gh approval of the zoning designation yes~ Mr. ,",_ouch (a) yes yes ~ Mr. Allocco yes yes ~x' Mr. Maheney yes make [to recommend to city council] approval of the zoning designation Roll Mr. Faille yes Mr. Ailocoo yes Mr. Mahoney yes Chmn Smith yes Mr. 81essing yes Mr. Keough (a) yes The. vote was 6-0. Motion carried. :). PUBLIC HEARING - RECOMMENDATION TO CIT'Y COUNCIL - LAND USE MAP AMENDMENT & RE,ZONING/CONCEPTUAL PLAN (FOR ANN~TiON) - RIVER OAKS PRESERVE - LANFAIR AVE & LJGHTHOUSE AVE'-5OU l H TO CR510 - PU0-R . PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 2, 2003 Mr. Rick Melchiod with WCG/NeeI-Schaffe¢, 2145 1~L~" Avenue, Ver{~ Beach, Ftodda presented the application. It is approximately 152 acres with 388 proposed residential units. The lots are 70' and 55! wide with proposed 7 ½ ' setbacks. The subdivision will incorporate underground utilities, storm water management systems, preservation tracts, open space, etc. Chmn Smith opened the headng at 8:24. p.m. Mr. Hess said this proposal is for 2.42 units per acre. Although the applicant has submitted detailed inforrTation, we are ~nly looking at the conceptual which is the street layout; drainage, sizes, density, etc. The main access point will be at CRS~0 making this the first e~ension to the city south to 510. The site also connects to Sebastian Highlands to Ihe north however the delails of this connection have'not been finalized and since ii is not a straight road we-are not concerned about this generating high ~raff'~c. The lots vary from 55' wide to over 100' wide. There is an extensive amount of conservation preservation ~racts, 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. Metchiod added that the county did in fact Iell them Io contact Sebastian instead of applying for a rezone. Mr. Hess 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. iVlahoney discussed lot sizes and setbacks. MF. Allocco noted that the site is fna flood zone and questioned if it would remain so after the site is elevated. Mr. Melchiori said water distdct management rules require compensating volume within the flood zone for any areas that we dil. Mr. Allocco also brought up concerns the school board has 'with increased development. Mr. Hess addressed lhis 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 ~horoughly by the school board through the county, which witl coordinate the reviews for school concurrency. Mr. Blessing inquired about the road width and Mr. Metchiori said it would be a standard subdivision road same as Cotlier Club. Mr. Hess added that the county is currently entering into riegotiatJons with the state DOT for the improvements slated for 510 and the engineering firms for this project are Iaking into consideration the effect of ~hese and future projects on 510. .~ The following people spoke on this application: Clive 8eckwith, ¢85 Lighthouse Avenue, Sebastian, Florida asked what is to become of the large stand of trees that parallels Lig'hthouse. Avenue. Mr. Melchiorf said it is designated as a preserve and the Irees 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, Florida requested clarification regarding the lot configuration and buffer and noted his concern about the eagle and - panther seen in [hat area. Mr. Melchiod said environmental studies would' be done pdor to developmenL Mike Lily, 1820 Ocean Breeze Street, Sebastian, Flodda ,would prefer to have 25' rear yard setbacks. He aisc questioned proposed modifications to be done to the dyer. PLANNING AND ZONII~G COMMISSION MINUTES OF REGULAR ME:TING OF OCTOBER 2, 2(}03 Michae! Roth, 474 Memorial Avenue, Sebastian, Flodda Was concerned about the trees and wildlife that would be affected by the development. Chmn Smith closed the hearing at 8:56 p.m. MOT'iON by Keough/Ail0cco "I make a motion to [recommend to city councit] approval of the iand use change from R County to LOR" Roll Call: Mr. Faille yes Mr. 81essing yes Chmn Smith yes Mr. Keough (a) yes Mr. Mahoney yes Mr. Allocco yes The vote was 6-0. Mc'don carried. MOTION Smith/Atlocco "1 make a motion to [recommend to city council] approval cf the rezone from A1 Count'/ to PUD-R" Roil Ca{k Mr. Faille yes Mr. Slessittg yes Chmn Smith yes Mr. Keough (a) yes Mr. 'vlahoney yes Mr. Allocco yes The vote was 6-0. Motion carried. CHAIRMAN MATTERS: MEMBER MAT-FERS: None Mr. Mahoney was pleased Io see (hat Rich Stringer wiil remain as city a~torney. Mr. Keough asked if a workshop or training could be scheduled for the new members and Mr. Seeley agreed. Mr. Smith said he had discussed this with Mr. Hass and Mr. Stringer and they are trying to get something together. Mr: Ailocco asked if aedals of application sites could be included in ~he packets asd Mr. Hass didn't'think tho(would be a problem. Mr. 81essing requested an amendment to the LDC to include a new Iow--densi~ designation. Mr. Hass said the Ilar Planning Group is working on updating Comprehensive Plan and this is being reviewed within that. Mr. Stringer added that (he Land Development Code is ~ied directty I0 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 (he applicant yet. Mr. Faille. asked for a clarification of cluster housing. Mr. Stringer explained it is where you group bhe homes together and surround them with open space, which decreases the impact to the neighbors of the development. 8y doing this it provides ~e 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