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Home My WebLink About2004 - Preliminary Plat Approvalaff of ,rBAST BIOME OF PELICAN ISLAND ,. . %,ity of acuastian, r ivriaa Subject: Cross Creek Lake Estates Agenda No. C)q . 13 C Subdivision Preliminary Plat approval. A pro mal by: City Manager ThLe'` Department Origin: Growth Management Purchasing/Contracting: __ A Finance Director: City Attorney: ` City Clerk: Date Submitted: October 19, 2004 For Agenda of: October 27, 2004 Exhibits: Preliminary Plat, R-04-43, Staff Report, Application, P&Z Minutes. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Mr. Henry A. Fischer recently received annexation approval 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 property is currently designated LDR (Low Density 5 units/acre) and correspondingly carries a 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 134 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.18 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 to the southernmost subdivision boundary. The Planning and Zoning Commission reviewed said request during a public hearing held on September 16, 2004, in which they forwarded a reconurnendation favoring approval. As such, staff recommends approval of the Cross Creek Subdivision preliminary plat as detailed within the enclosed plans drawn by Mosby and Associates, Inc., conditioned upon compliance with stipulations outlined within the attached staff report dated 10/19/2004. Development approval is also conditional upon execution of the developer's agreement for construction of Powerline Road. RECOMMENDED ACTION Conduct quasi-judicial public hearing. "Move to pass Resolution R-04-43." (M or SEISASTKN N HOME OF PELICAN ISLAND Growth Management Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Cross Creek Subdivision 2. 3. 4. 5. 6. i►/ E:3 Requested Action: Preliminary Plat approval for 113 acre subdivision Project Location a. Address: 9045 70th Avenue b. Legal: Lots 1 7 2, Sebastian Highlands Unit 11 C. Indian River County Parcel Number: 30-31-39-00000-5000-00001.0 30-31-39-00000-3000-00002.0 Project Owner: Henry A. Fischer Fischer & Sons, Inc. P.O. Box 780068 Sebastian, Florida 32958 (772) 589-3159 fax: (772) 589-7731 Project Agent: Same as Engineer Project Engineer: Mr. Aaron J. Bowles, P.E. Mosby & Associates, Inc. 245514 1h Avenue Vero Beach, Florida 32960 (772) 569-0035 Project Surveyor: David M. Jones David Jones Surveying 3899 391h Square Vero Beach, Florida 32960 Project Description fax: (772) 778-3617 a. Narrative of proposed action: Mr. Henry A. Fischer recently received annexation approval 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 property is currently designated LDR (Low Density 5 units/acre) and correspondingly carries a zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand 1 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 134 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.18 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 to the southernmost subdivision boundary. b. Current Zoning: RS -10 C. Adjacent Properties Zoning Current Land Use Future Land Use North: RS -10 Single Family/Vacant LD East: RS -10 Single Family/Vacant LD South: A-1 Vacant R (County) West: RS -10 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, 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 — 3/ mile 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent C. Housing: Consistent d. Public Facilities: Consistent 2 e. Coastal Management: Consistent f. Conservation: Consistent g. Recreation and Open Space: Consistent 10. Contents of Preliminary Plat: a. name of subdivision: Cross Creek b. vicinity sketch: provided C. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation provided — May 2004 f. name, address, and telephone of applicant: provided as listed above g. name, address, and telephone of owner of record: provided as listed above h. name, address, and telephone of mortgage holder: L statement that they will join in the dedication: j. name, address, and registration number of engineer: provided as listed above k. name, address, and registration number of surveyor: provided as listed above I. name of adjacent subdivisions, if any, including plat book and page number reference: provided M. names of owners of record of adjacent acreage: provided n. contour map including a perimeter strip up to 150 feet in width. provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided P. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided 3 q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided S. all existing drainage district facilities and the ultimate right-of-way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided U. a statement that all utilities are available and have been coordinated with all required utilities: provided V. sites proposed for parks, recreational areas and schools: provided W. location of all temporary structures or permanent structures having a temporary use: n/a X. if borders public water, delineate the mean high water line: n/a Y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: provided Z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided aa. block perimeter returns at block corners or other block line intersection: provided 4. Required Supplemental Information a. existing land use policy and proposed policy changes: provided b. on-site wastewater disposal data: provided C. surface water management plan: provided d. traffic impact analysis: provided e. required park land and/or facility improvements: provided f. required potable water improvements: provided g. required wastewater improvements: provided 4 h. erosion and sedimentation control improvements: provided reference to required improvements I. access: provided ii. alleys: n/a iii. blocks: provided iv. bridges: n/a V. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: provided ix. soils: provided X. streets: provided xi. bicycle/pedestrian paths: provided xii. off-street parking areas: provided xiii. utilities: provided xiv. utility installation: provided xv. central water system: provided xvi. central wastewater system: provided xvii. individual sewage systems: n/a xviii. water and sewage treatment and processing plants: n/a xix. median strips and entranceways: provided XX. traffic control devices: provided xxi. monuments: provided xxii. commercial and industrial subdivisions: n/a xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: not provided 5. Fee paid provided 6. City Engineer's review: Construction Drawings and Plan review will be required prior to release of construction permits. Additionally, plan details concerning construction of Powerline Road will be required prior to commencement of construction of said roadway. 7. Other Matters: In accordance with Article 19 - Subdivision Land Development Regulations, two points of ingress and egress are required for all subdivisions. The Preliminary Plat outlines a singular point of ingress and egress along Powerline Road at the northeastern most corner of the property. Public means of ingress and egress may be located along the same arterial or collector street so long as said points are separated by a minimum of 1,000 feet. The subject property runs a linear distance of 2,565 feet along Powerline Road, and therefore can accommodate multiple access points. The Preliminary Plat shall be modified to reflect proper compliance with the stated regulation. 5 8. Analysis: Mr. Henry A. Fischer recently received annexation approval 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 property is currently designated LDR (Low Density 5 units/acre) and correspondingly carries a 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 134 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.18 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 to the southernmost subdivision boundary. 10. Conclusion: The proposed Cross creek Subdivision is consistent with all applicable state and local laws with respect to subdivision development, including provisions contained within the Comprehensive Plan and Land Development Code. 11. Recommendation: Staff recommends approval of the Cross Creek Subdivision Preliminary Plat with the following condition: 1. Construction plans shall reflect two points of ingress and egress along Powerline Road so as to comply with proper Subdivision Regulations. PF4EPARED BY 9 DATE City of Sebastian Development Order Application Permit Application No. Received Applicant (if not owner, written authorization (notarized) from owner is required) Name: p & MR. HENRY FISCHER - FISCHER & SONS w{I1 Address: P.O. BOX 780068 SEBASTIAN, FL 32958 Phone Number: ( 772 ) 589-3159 Fax Number: ( 772 589-7731 E -Mail: Owner (if different from applicant) Name: SAME AS APPLICANT Address: Phone Number: ( ) Fax Number: ( ) E -Mail: type of permit or action requested: PRELIMINARY PLAT 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" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. k. Project's Name (if applicable): CROSS CREEK SUBDIVISION B. Site Information Address: 9045 70th Avenue Lot: Block: Unit: Subdivision: 1 & 2 Sebastian Highlands Unit 11 Indian River County Parcel #: 30-31-39-00000-5000-00001.0 30-31-39-00000-3000-00002.0 Zoning Classification: Future Land Use: A-1 RS -10,000 Existing Use: Proposed Use: R Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Preliminary Plat for proposed 115.2 ac. Residential subdivision with 149 lots equaling 1.29 units/acre. DATE RECEIVED:&//4r0L1 FEE PAID: $WSWCDRECEIVE BY: 1AA n 4L i n-70ri Form CD -2001 Page 1 of 3 Development Application Approved: 08-27-97 Revision: File Name: DOA I %n1t, D. Project Personnel: I Page 2 of 3 Agent: N/A Approved: 08-27-97 Name: lFile Name: DOA Address: Phone Number: ( Fax Number: ( ) E -Mail: Attorney: N/A Name: Address: Phone Number: ( ) Fax Number: ( ) E -Mail: Engineer: Mr. Aaron J. Bowles, P.E. Name: Mosby & Associates, Inc. Address: 2455 14th Avenue Vero Beach, FL 32960 Phone Number: 772 ) 569-0035 Fax Number: ( 772) 778-3617 E -Mail: mos b 001 ahoo.com Surveyor: David M. Jones, PSM Name: David Jones Surveying Address: 3899 39th Square Vero Beach, FL 32960 Phone Number: ( 772 567-9875 Fax Number: ( 772 ) 567-9172 E -Mail: I,Mr. Henry Fischer, BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE E TO THE BEST OF MY KNOWLEDGE AND BELIEF. C3 (-e-14 —0H Signat a Date Sworn to and subscribed before me by Who is aersonally known to me or produced as identification, this�L day of iy) e 200 NOTARY'S SIGNATURE Doris 7. Grant =q ......,c�: PRINTED NAME OF NOTARY - ,: : MYCOMMISSION# DD101489 EXPIRES May 1, 2006 COMMISSION N0./EXPIRATION X)D 1QtLA OS—V[w RONDEDTHRUTROVFAIN INSURANCE, INC SEAL: Form CD -2001 I Page 2 of 3 1 Development Application Approved: 08-27-97 Revision: lFile Name: DOA The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IM/E HEREBY WAIVE ANY OBJECTION OR DEFENSE IME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY:OFSEBAS AN. ~ OLo — t Ll —U 4 Signat Date Sworn to and subscribed before me by 14 -e y-ofai ';�-is C_\r'_a y— WhoxieLGOv known to mer produced as identification, this 14 day of 1200 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION 0V ID I t-( SSXt nS -01—yID SEAL: ootQS:'?k" Doris 7. Grant 'A6'-? := MY COMMISSION # DD101489 EXPIRES = •;'May 1, 2006 BONDEDTHRUTROYFAININSURANCE,INC Form CD -2001 Page 3 of 3 Development Application Approved: 08-27-97 1 Revision: File Name: DOA PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF SEPTEMBER 16, 2004 Mr. Seeley yes Mr. Paul yes Mr. Faille yes The vote was 7-0. Motion carried. D. Public Hearing - Recommendation to City Council - Preliminary Plat - Cross Creek Lake Estates Subdivision - RS - 10 - Barber Street & Powerline Road Chmn Smith opened the hearing. Present were Attorney Warren Dill, 1565 U.S. Highway #1, Sebastian, Hank Fischer, property owner, and Bruce Moia, P.E. Mr. Dill gave a brief history of the property. The applicant will pave Powerline Road from Barber Street to the southern most part of the Fischer property. Mr. Hass further explained the details involving paving of Powerline Road and the coordination between the two owners, Mr. Spencer and Mr. Fischer. Based on code requirements staff would like to see a secondary point along Powerline Road. There were no comments from the public. Chmn Smith closed the hearing at 7:50 p.m. MOTION by Paul/Keough "I make a motion we recommend to city council approval of the preliminary plat Cross Creek Lake Estates Subdivision." ROLL CALL: Mr. Allocco yes Chmn Smith yes Mr. Seeley yes Mr. Keough yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: None MEMBER MATTERS: Mr. Paul yes Mr. Faille yes Mr. Mahoney yes Mr. Mahoney noted the letter received from the City Attorney regarding voting and abstention procedures. DIRECTOR MATTERS: Mr. Hass explained the recommendations to the Land Development Code by the Tree Advisory Board. City Council has directed us to present these changes through the ordinance form, which would require P&Z review. He is going to provide a full staff evaluation and submit staff and Tree Board's recommendations to this commission for your recommendations and send them on to City Council. Mr. Seeley asked about the damaged signs around town. Mr. Hass said staff's interpretation is if it has been destroyed greater than fifty percent of the material value of the sign, then the sign can only be replaced in conformance with today's code, which means monument signs. 3