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HomeMy WebLinkAbout2015-09-17 PZ MinutesANNOUNCEMENTS ANDIOR AGENDA MODIFICATIONS: Chmn. Dodd stated that Mr. McManus, Ms. Kautenburg, Mr. Alvarez, and Mr. Carter had excused absences from the meeting. APPROVAL OF MINUTES: MOTION by Roth/Qizilbash to accept the minutes of the September 3, 2015 Planning and Zoning Commission meeting as submitted. Motion was approved unanimously by voice vote. PUBLIC HEARINGS: A. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL — PRELIMINARY RE - PLAT OF A PORTION OF TRACT C, SEBASTIAN LAKES UNIT 1 FOR A PROJECT KNOWN AS BROOKS' 512 COMMERCIAL DEVELOPMENT — A ONE -LOT SUBDIVISION — PUD -R ZONING — SEBASTIAN BOULEVARD BETWEEN NORTH COUNTY LIBRARY AND ENTRANCE TO SEBASTIAN LAKES SUBDIVISION Chmn. Dodd explained to the large crowd in attendance the Commission's policy of 5 minutes allowed for each person who wished to speak, which they weren't too strict with unless each speaker was repeating the same concern. He noted that staff had informed him a speaker had four letters from absent residents that she wished to read into the record, and Chmn. Dodd stated he would allow it. Mr. Randy Mosby, P.E., engineer of record and representative of the property owner Dr. Harold Brooks, stated that he and staff had been working on this project for the last four months, reviewed the property specifics, and noted that in its current state the property was undevelopable because of a man-made lake on it. He stated the purpose of the application was Q CL E a c z O l „X a C _O CITY OF SEBASTIAN C (n PLANNING AND ZONING COMMISSION C .in p MINUTES OF REGULAR MEETING cuC SEPTEMBER 17, 2015 CG a At 6:00 P.M. there was not a quorum of members to convene the meeting. C Q \ ; J Chairman Dodd called the meeting to order at 6:25 P.M. +co + I The Pledge of Allegiance was said by all. O p $. ROLL CALL: PRESENT: Mr. Roth Mr. Dodd �"� N ; Mr. Qizilbash Mr. Reyes EXCUSED: Mr. McManus, Mr. Carter, Ms. Kautenburg (a), Mr. Alvarez (a) ALSO PRESENT: Frank Watanabe, PE, Community Development Director Jan King, Sr. Planner Robert Ginsburg, City Attorney Dorri Bosworth, Planner/Recording Secretary Ms. Dale Simchick, IRC School Board Liaison was also present ANNOUNCEMENTS ANDIOR AGENDA MODIFICATIONS: Chmn. Dodd stated that Mr. McManus, Ms. Kautenburg, Mr. Alvarez, and Mr. Carter had excused absences from the meeting. APPROVAL OF MINUTES: MOTION by Roth/Qizilbash to accept the minutes of the September 3, 2015 Planning and Zoning Commission meeting as submitted. Motion was approved unanimously by voice vote. PUBLIC HEARINGS: A. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL — PRELIMINARY RE - PLAT OF A PORTION OF TRACT C, SEBASTIAN LAKES UNIT 1 FOR A PROJECT KNOWN AS BROOKS' 512 COMMERCIAL DEVELOPMENT — A ONE -LOT SUBDIVISION — PUD -R ZONING — SEBASTIAN BOULEVARD BETWEEN NORTH COUNTY LIBRARY AND ENTRANCE TO SEBASTIAN LAKES SUBDIVISION Chmn. Dodd explained to the large crowd in attendance the Commission's policy of 5 minutes allowed for each person who wished to speak, which they weren't too strict with unless each speaker was repeating the same concern. He noted that staff had informed him a speaker had four letters from absent residents that she wished to read into the record, and Chmn. Dodd stated he would allow it. Mr. Randy Mosby, P.E., engineer of record and representative of the property owner Dr. Harold Brooks, stated that he and staff had been working on this project for the last four months, reviewed the property specifics, and noted that in its current state the property was undevelopable because of a man-made lake on it. He stated the purpose of the application was Q CL E a c z O PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 17, 2015 to make the lot buildable addressing the lake, small area of wetlands, and current configuration of the shared stormwater system. He noted they had already received approvals from Indian River County, SJRWMD, and Army Corps of Engineers. He stated his client was requesting an approval to fill the man-made lake, which was partially located on the North County Library's site, staff had been very thorough, and he was available to answer questions. Ms. King explained that there was not a mechanism in the code to issue a development order for what the property owner wanted to do unless they went thru 1) a site plan procedure, which would need to have a proposed building use, or 2) re -plat the property, and in this case the lot was not being divided, so it was for a one -lot subdivision. She continued that the construction plan [for the subdivision] was to fill the lake, fill the wetlands, and re -configure the stormwater pond, which was the extent of the activity to occur at this time. After construction was complete, a Final Plat would go before the City Council. When a use is decided for the property, a site plan application would be required to be reviewed by the Commission for approval. She stated the property was 2.04 acres, the man-made lake was .56 acres and was identified by SJRWMD as not being a stormwater system for the library or Sebastian Lakes Subdivision, but possibly a previous fish farm breeding pond, and they gave their approval to fill it. SJRWMD also identified the wetlands, .22 acres in size, as being of a poor quality and artificially made by surrounding development, thus being able to be filled. Ms. King noted the stormwater pond was a part of the overall system for Sebastian Lakes, and SJRWMD had approved the re -configuration. She stated all other jurisdictional agency comments had been addressed, including approval from the Indian River County Board of Commissioners to go forward with the removal of the lake. Mr. Dodd verified that the tract was not being removed from the PUD, and that the underlying zoning was Commercial General. Ms. King stated that was correct, and reviewed components of the PUD zoning district relaying that a portion of a residential PUD can be designated for commercial development. She noted the Walgreen's and Winn-Dixie sites were a part of the Sebastian Lakes PUD, which was established in 1983, and stated the commercial component of the PUD was increased by City Council in 1988. Mr. Dodd inquired who would be accountable for maintenance of the re -configured stormwater lake, the property owner or the PUD. Mr. Mosby stated at this time it was not clear, and that usually it was the PUD's HOA. He also noted that the subdivision had a fence and sign located on Dr. Brook's property without a known easement, and that during the Final Plat process an easement would be granted for maintenance. Mr. Mosby stated it appeared that the stormwater lake had not been maintained in a while. Ms. King reiterated it would be required by the Final Plat to establish easements and maintenance agreements. Mr. Dodd asked if when site plan development occurred if the intentions were to have their own entrance off of CR 512, or use the existing subdivision entrance. Ms. King stated yes, to have a new entrance. Mr. Mosby stated a conceptual design proposed a right -in, right -out accessway. Mr. Reyes asked if there would be a connection to the Library site since the pond was being filled in, or any parking expansions. Ms. King stated she did not have any information regarding that at present time. Mr. Qizilbash asked who had flagged the wetlands. Mr. Mosby stated Mr. David Cox, a certified environmentalist, did the flagging working with SJRWMD. Mr. Qizilbash noted there was not any correspondence from DEP, and Mr. Mosby stated he would check in with them. Chmn. Dodd opened the hearing for public input. There was not any input for support of the plat. The following spoke in opposition of the application, and their concerns are noted: Ms. Kelly Fast, 1281 Sebastian Lakes Drive — filling of the wetlands, the re -configuration of the stormwater pond, and future of the berm across the rear property line 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 17, 2015 • Ms. Victoria Flaherty, 1331 Shoreline Circle, officer of the HOA, read letters from the following residents who could not attend the hearing (attached to minutes): o Jim & Ann Nadeau, 1424 Tradewinds Way o Keith Truelove, 1445 Tradewinds Way o Judith Wickstrom, 1404 Tradewinds Way o Mildred Imbergamo, 1401 Tradewinds Way Her concerns were the filling of the wetlands, the Army Corps letter referring to protected and endangered species, and the design standards of the PUD zoning district as noted in the LDC. • Vincent Flaherty, 1331 Shoreline Circle — questions regarding the recorded zoning history of the property, and the protection status of the wetlands • Bill Bacon, 1437 Tradewinds Way — winter birding on the site, invasive lighting, noise if the berm is removed • Robert, grandson, 1437 Tradewinds Way — operational hours of any proposed new business • Leo Collia, 1430 Tradewinds Way— time schedule, lack of protection until development, noise, easy entrance from CR 512, removal of berm, trespassers from library, protections in place before site plan development • Liz Murphy, 1405 Tradewinds Way — suggested the City buy the property for conservation of the wetlands • Stella Garofalo, 1442 Tradewinds Way — high selling price of property, no consideration to neighbors, no safeguards proposed for Sebastian Lakes, location of existing irrigation pipes, new use effect on subdivision • Michael Tunick, 1327 Shoreline Circle — confusion of double zoning of property: residential and commercial, status of quiet neighborhood in jeopardy, increased traffic, increased noise, destroy natural beauty, and reduction of property values of homes, timing of application when residents are still up north, removal of berm, allowed uses for site plan • Liz Collia, 1430 Tradewinds Way— safety, trespassing and congregation of kids • George Woodman, 1116 Breezy Way — material being used to fill in wetland, proposed traffic divides on CR 512, traffic flow and congestion • ????? (a repeat speaker) — who maintained stormwater pond before it was bought by Dr. Brooks, flow of water with re -configuration Mr. Dodd stated that any damages caused during construction to Sebastian Lakes property such as the irrigation pipes, stormwater flow, etc. should be mitigated and corrected by the developer. He then noted items he felt staff should discuss and consider: the Endangered Species Act issue, and the barrier between the properties until site plan development occurs. Ms. King stated there was a letter in the file from an environmental specialist who evaluated the property for protected and endangered species and found none. She explained it was in the best interest of the developer to preserve as many trees along the perimeter to receive credit for his required landscaping for the site plan. Mr. Reyes had questions for Mr. Mosby regarding the mitered end section from the west and his concern that if not modified it would get buried, and the overly -used rectangle shape of the stormwater pond and how much actual new capacity was being gained. He also noted that from an aerial he saw a good amount of trees in the subdivision tract in-between the houses and Dr. Brooks property that wasn't shown on the survey that would help with buffering. He asked if the swale in the rear was temporary for dewatering and would it be filled. Mr. Mosby responded to Kelly Fast's concern of the reconfiguration affecting stormwater for the subdivision, stated it would not, and felt that was the only concern that applied to this application. The other concerns were valid but would be addressed at the site plan review process. He 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 17, 2015 responded to Mr. Reyes' question that they were going with pipe -to -pipe and eliminating a mitered end. And he reiterated that the wetlands were small and isolated on Dr. Brook's property only. He was glad to hear the concerns so he could apply them to a future site plan. Mr. Roth asked if the stormwater pond could remain in its current shape. Mr. Mosby responded that they had to maintain the volume of storage in the lake and account for development of Dr. Brooks' property. Chmn. Dodd closed the public hearing @ 7:31 p.m. Chmn. Dodd asked staff if the Commission should require information on who would be responsible for maintenance of the stormwater pond. The city attorney stated that they should, and Mr. Dodd requested it be made a condition of approval in the motion. There was discussion if a re -design of the shape of the pond should be made a condition, and further discussion of the maintenance importance. Ms. Simchick thanked the young student for being a participant in the hearing, and asked if the PUD had any covenants and deed restrictions that addressed the maintenance issue. Ms. King stated there was three HOA's within the PUD, and that she was not aware of any maintenance document. Ms. Qizilbash stated he had concerns with how close the re -configured pond would be to the property line and felt there should be a buffer there also. Mr. Dodd stated he had empathy for the residents and their concerns, but reiterated that the property was always zoned commercial, and didn't think the city could deny a request for development, but wanted to be cognizant of protecting the buffer, and possible costs of maintaining the stormwater pond. He continued that although the buffer issue is a site plan item, he felt there should be discussions prior to City Council's review to determine if it was appropriate to protect the existing buffer, and make that a condition also. Mr. Ginsburg suggested another condition which addressed the sign and wall, requiring an easement. Chmn. Dodd reviewed the three possible conditions as being 1) an easement be granted to protect the entrance to the Sebastian Lakes Subdivision which includes the sign and the wall, 2) that some agreement be reached between the commercial developer and the HOA on maintaining the stormwater pond, and 3) the developer in his site work try to maintain the landscape buffer between the property and Sebastian Lakes as much as possible. MOTION by Reyes/Qizilbash "to recommend to City Council this preliminary re -plat of a portion of Tract C, Sebastian Lakes Unit 1 for a project known as Brooks' 512 Commercial Development, a one -lot subdivision in PUD -R zoning [located on] Sebastian Boulevard between North County Library and the entrance to Sebastian Lakes Subdivision with three conditions. Condition 1 is that the developer work out an "easement agreement" for the existing sign and the proposed reconfigured drainage pond. Condition 2 is that they try to save the buffer along the rear property. And the third condition would be is that they come up with an agreement with the subdivision's HOA on who will be maintaining the pond." Mr. Roth asked if maintenance of the sign should be addressed. Mr. Dodd stated it was already the HOA who maintained it. ROLL CALL: Mr. Qizilbash yes Mr. Reyes yes Mr. Roth yes Mr. Dodd yes El PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 17, 2015 The vote was 4-0. Motion carried. UNFINISHED BUSINESS: None PUBLIC INPUT: None NEW BUSINESS: None ITEMS FOR NEXT AGENDA: None COMMISSIONERS MATTERS: Mr. Reyes asked if the county's submittal requirements for subdivisions and platting were the same as the City's were. Ms. King stated she did not know, but that the city's requirements were listed on the application. CITY ATTORNEY MATTERS: None STAFF MATTERS: None ADJOURN: Chairman Dodd adjourned the meeting at 7:44 p.m. (db) 5 From: Ann Nadeau:n,. n. i,,:, i+; , n•-..: Subject: Re: Brooks 512 commercial development Date: September 15, 2015 at 7:06 AM To: Victoria Flaherty victona.sebasbanlake•:a--':mail.';nn; Cc: Jean DeBlasio �,,,:,, Kelley Walker : Larry Stoltzfus arrysrparwyanoo conn, admrtontB3 aol. rom, Stella garolalo - Janet holland - We won't be able to attend - Jim & Ann Nadeau 1424 Tradewinds Way Concerns - It has been our experience that when wetlands are disturbed by a seller or developer, any negative effects become the problem of the bordering neighbors. Once the property has been altered/sold, the city & seller have no responsibility for the property. They have no legal or financial means to rectify a problem. We are not in favor of any changes, physical or zoning, made to the property. Question - What is the asking price for the property? Thanks, Jim & Ann Nadeau From: kelth truelove ckt1949«;yahoo coon Subject: Brooks 512 Development Onto: September 16, 2015 at 12:58 PM To: Victoria.sebastianlakeshoa<, gmadcui-. lyL(5- WSJ Thank you for taking my email to be given to the proper authorities about the proposed development of the Brooks property on State Road 512. The Books property sits directly behind our home in Sebastian Lakes. We have some major concerns about this improvement and development of this property and would hope it could be curtailed. I would like to comment on 6 areas of concern. 1. Property Values. This will have a negative effect our property values because of the items listed below. 2. Security. There are increased security concerns because of more people near our homes increasing the probabably of vandalism and crime. 3. Noise. The increased car and people traffic will create noise disruption around our homes both day and night. This would limit the enjoyment of our homes. 4. Safety. The increased traffic will make State Road 512 and our entrance and exit from Sebastian Lakes will make the area less safe for autos and pedestrians. 5. Property Zoning. Because the property is "generally" zoned most any type of business could be put on the parcel. 6. Lighting. There would be an increase in the lights shining into our back yards limiting our privacy From: J. Wickstrom Subject: 512 property Date: September 16, 2015 at 9:36 PM To: vfiaheity'_•-n-i- r I. I am very concerned about the reconfiguring of the land on 512 that is adjacent to our property. I am a widow and currently feel safe living in Sebastian Lakes. I don't think I will feel safe in the future if the adjacent property is leveled and deforested. It could be very easy for outsiders to enter our community from the leveled property. In addition, if the vegetation is removed, it will cause our quiet community to have to endure noise from both traffic from the business as well as road noise from 512. Also, how did property that was considered wetlands suddenly become not a wetland? It seems that the owner of this property is trying to improve his property at the expense of our property and our home values will be devalued because of the changes he is requesting. Judith Wickstrom 1404 Tradewinds Way Sebastian FL 32958 September 16, 2015 To the Members of the Planning and Zoning Commission of the City of Sebastian Dear members: I am unable to attend the Sept 17, 2015 meeting but feel that as a member of the Tradewinds at Sebastian Lakes Community and the President of the HOA I must express my opposition to the proposed rezoning of the Rte 512 —Mr. Brooks parcel. Said parcel directly abuts the private property of many owners of our community. Change to the zoning will directly affect the property value of those owners and in general the value of all the properties in Sebastian Lakes. I would appreciate your consideration of the affect any change would have to ourcommunity Sincerely, Mildred J. Imbergamo 1401 Tradewinds Way Sebastian, FL, 32958