HomeMy WebLinkAboutR-13-02FAILEDRESOLUTION NO. R -13 -02
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR
QUALIFIED AFFORDABLE HOUSING AS A CONDITIONAL USE IN
THE COMMERCIAL GENERAL ZONING DISTRICT SPECIFICALLY
FOR A 12.49 ACRE PARCEL LOCATED SOUTH OF MAIN STREET,
AND BOTH EAST AND SOUTH OF THE SEBASTIAN POST OFFICE,
HAVING INDIAN RIVER COUNTY TAX PARCEL ID NO. 31- 39 -06-
00005- 0004 - 00002.0; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Mrs. Wauneta Skillman has filed an application for approval of a special
exception to allow qualified affordable housing as a conditional use in the Commercial General
(CG) zoning district on her 12.49 acre property located south of Main Street, and both east and
south of the Sebastian Post Office, having Indian River County Parcel ID No. 31- 39- 06- 00005-
0004 - 00002.0; and
WHEREAS, the Planning and Zoning Commission held a public hearing on January 17,
2013 and recommended denial of the special exception;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find:
a. The approval of the application for a special exception will not be
detrimental to the public safety, health or welfare, or be injurious to other
properties or improvements within the immediate vicinity in which the
property is located based on criteria established in the Land Development
Code; and
b. The use requested is consistent with the purpose and intent of the
respective district, and can be demonstrated to be similar in nature and
compatible with the uses allowed in such district; and
C. The requested use is consistent with the Comprehensive Plan and the Code
of Ordinances.
Section 2. APPROVAL. The application for approval of qualified affordable
housing as a conditional use in the Commercial General zoning district specifically for a 12.49
acre parcel located south of Main Street and both east and south of the Sebastian Post Office,
Indian River County Parcel ID No. 31- 39 -06- 00005- 0004 - 00002.0, is approved.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Councilmember Andrea Coy
Councilmember Jerome Adams
Councilmember Jim Hill
E
The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of
February, 2013.
CITY OF SEBASTIAN, FLORIDA
Bob McPartlan, Mayor
ATTEST:
Sally A. Maio, MMC
City Clerk Approved as to form and legality for
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
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CITY COUNCIL
City of Sebastian, Florida
Application for Special Exception:
Wauneta Skillman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came on for public hearing before the City Council of the City of
Sebastian on February 13, 2013, and based upon the testimony and all of the evidence
presented, the City Council enters the following:
FINDINGS OF FACT
1. Mrs. Wauneta Skillman has requested a special exception for her 12.49
acre property located south of Main Street and both east and south of the
Sebastian Post Office, Indian River Tax Parcel ID No. 31-39-06-00005-
0004- 00002.0, to allow qualified affordable housing as a conditional use
within the Commercial General zoning district.
2. The Sebastian Land Development Code identifies qualified affordable
housing as a conditional use only within the Commercial Limited zoning
district.
3. Granting of this use will allow for a density bonus from 8 to 12 residential
units per acre. In this instance, the maximum allowable dwellings will
increase from 99 residential units to 149 residential units.
4. Public notice of this hearing was published on January 29, 2013, in the
Press Journal, a newspaper of general circulation in the City of
Sebastian. Notice of this hearing was also mailed to all property owners
within three hundred (300) feet of the subject property, as shown in the
records of the Property Appraiser of Indian River County, in accordance
with the requirements of the Land Development Code.
5. Staff provided the Planning and Zoning Commission and City Council
with an analysis of the Sebastian Land Development Code regulations
regarding the required findings of fact for a special exception as related
to this application and was unable to make a recommendation for or
against this request due to a lack of information.
6. On January 17, 2013, the Planning and Zoning Commission held a public
hearing to consider the special exception permit and recommended that
the City Council deny the application, without prejudice, by a 7 -0 vote,
stating insufficient information to evaluate the required findings of fact in
accordance with the standards for approval of a special exception.
7. Roger Skillman, agent for Wauneta Skillman, presented the request to
the City Council.
8. No one appeared to testify in favor of the special exception.
9. One person spoke in opposition to the special exception.
CONCLUSIONS OF LAW
Based upon a careful consideration of the evidence presented, and the applicable
provisions of the Land Development Code of the City of Sebastian, the City Council hereby
determines that the requirements for approving a special exception to allow qualified
affordable housing as a conditional use on the Skillman property have not been satisfied
because of a lack of information presented by the applicant. Specifically, these
requirements are:
Section 54- 2- 3.1(a)(3) Required findings of fact :
a. The approval of the application for a special exception will not be detrimental to the
public safety, health or welfare, or be injurious to other properties or improvements within
the immediate vicinity in which the property is located based on criteria established in
Article VI;
b. The use requested is consistent with the purpose and intent of the respective district,
and can be demonstrated to be similar in nature and compatible with the uses allowed in
such district;
C. The requested use is consistent with the Comprehensive Plan and the Code of
Ordinances.
Section 54- 2- 3.1(a)(4) Conditions of approval:
In approving an application for a special exception under this section, the City Council
may require such conditions as will, in its judgment, substantially secure the objectives and
intent of the zoning regulations.
Section 54- 2- 6.2(d) Additional findings:
Any approval with or without conditions shall be rendered only after a finding by the
planning and zoning commission and the city council that the proposed use satisfies the
following criteria:
1. Is so designed, located and proposed to be operated so that the public health, safety
and welfare will be protected.
2. Does not present an unduly adverse effect upon other properties in the impacted
area in which it is located.
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3. Based on the scale, intensity and operation of the use, shall not generate
unreasonable noise, traffic, congestion, or other potential nuisances or hazards to
contiguous residential properties.
4. Conforms to all applicable provisions of the district in which the use is to be located.
5. Satisfies specific criteria stipulated for the respective conditional use described in
this article.
6. Is consistent with the Code of Ordinances and Comprehensive Plan.
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to deny, without prejudice, the special exception to allow qualified affordable
housing as a conditional use on the Skillman property, citing insufficient information to
judge the required findings of fact for approval of a special exception. Said motion was
made by Councilmember Jerome Adams, and seconded by Councilmember Jim Hill, and
adopted by the City Council by a vote of 5 in favor and 0 against. Therefore, the requested
special exception was DENIED.
DONE AND ORDERED in Sebastian, Indian River County, Florida, this 13th day of
February, 2013.
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Clerk to thpBoard of Adjustment
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CITY OF SEBASTIAN
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Bob McPartlan, Mayor
February 13, 2013
Date