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HomeMy WebLinkAbout1996 P & Z Preliminary Plat RecommendationCITY OF SEBASTIAN PLANNING AND ZONING CO_MZYIISSION MINUTES OF REGULAR :MEETING DECEMBER 19, 1996 Chairman Fischer called the meeting to order at 7:00 P.M. ROLL CALL: PRESENT: Ms. Kilkelly Mr. Mather Mr. Puska Ms. Vesia Mr. Driver Mr. Johns Chmn. Fischer Mr. Schulke EXCUSED ABSENCE: Mr. Munsart ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician Ann Brack, Recording Secretary Randy Mosby of Mosby and Associates Warren Dill, Attorney ANNOUNCEMENTS: Chairman Fischer announced that Ms. Kilkelly will be voting in Mr. Munsart's absence. He also noted that this morning he signed off on a minor modification to the site plan for Skydive Sebastian, for an extension of their chain link fence on the southern property line, to bring it up on the east side to the north property line; and also the placement of a 16' x 16' shed. APPROVAL OF MINUTES MOTION by Johns/Mather I make a motion that the minutes of December 5, 1996 be approved. A voice vote was taken. 7 - 0 motion carried. OLD BUSINESS: None NEW BUSINESS: PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 424 ROLLINGHILL DRIVE - IRVIN HEDDEN - PLUMBING REPAIR/SERVICE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 Mr. Irvin Hedden of 424 Rollinghill Drive was present. There were thirteen (13) notices of hearing sent out. We received no objection or non -objection letters. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:03 P.M. with no public input. MOTION by Vesia/Johns I make a motion that we approve the home occupational license for Irvin Hedden doing plumbing at 424 Rollinghill Drive. A voice vote was taken. 7 - 0 motion carried. PUBLIC BEARING - HOME OCCUPATIONAL LICENSE - 801 NOAH STREET - JACK BURKLEW - REAL ESTATE CONSULTING Mr. Jack Burklew of 801 Noah Street, Sebastian, was present. There were fourteen notices of hearing sent out. We received one objection letter and no non- objection letters. A copy of the objection letter was given to Mr. Burklew at this time. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:05 P.M. with no public input. MOTION by Johns/Mather I make a motion to approve a home occupational license for Jack E. Burklew, Sales Consultant, at 801 Noah Street. A voice vote was taken. 7 - 0 motion carried. ACCESSORY STRUCTURE REVIEW - SECTION 20A -5.7.D.7 1. 1337 Scroll Street - William Doyle Ms. King gave staff presentation. She noted that the size is over 1-00 square feet which is why it is before Planning and Zoning. It meets setback requirements and is for the cabana only. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 l�fr. William Doyle of 110 Landover Drive was present representing the applicant. In response to questions from Commission members. Mr. Doyle responded that there will be no bath or wet bar; there will be storage for pool equipment; the Bill will be leveled oa according to the septic tank height. He noted that a drainage plan has been approved by the engineering depart- ment. Swales will be erected to drain water towards the frons of the house. Ms. Kilkelly indicated that she was very concerned about the drainage. She also noted a discrepancy in the dimensions of the structure and suggested that the size be a condition of the approval. MOTION by Mather/Johns I make a motion to approve the pool cabana for the Nichols and Cameron Jackson per drawing five (5) Richard Rogers, Buildwell Construction, drawing 5, sheet 5 of 5, October 15, 1996. Roil call was taken. Ms. Vesia - yes, provided we have the buffer of landscaping in the back, and the drainage is strictly adhered to Mr. Johns - yes Chmn. Fischer - yes Mr. Schulke - yes Ms. Kiikelly - yes, under duress Mr. Mather - yes Mr. Pliska - yes The vote was 7 - 0. Motion carried. PUBLIC HEARING - CONDITIONAL USE PERMIT - 920 U. S. HIGHWAY #1, UNIT C- COMIVIERCIAL GENERAL - BARMOUNGE & RESTAURANT - MR. EDWARD PIPER Mr. Ed Piper of 1162 Fairfield Lane was present. Mr. Massarelli gave staff presentation and noted that Steve Philipson is the owner of this property and Mr. Piper will be leasing the site from him. Mr. Piper will be running a Pub style business with food served on-site or carry -out, and wine and beer sales with on-site consumption. Staff recommends that the use be approved subject to continued compliance to all State and local codes and ordinances at all times. The public hearing was opened at 7:25 P.M. .-V1r. Allan French who owns property on Indian River Drive adjacent to the subject property, was present and presented opposition to this conditional use permit. He was advised that if noise or other problems arise, he should get in touch with either code enforcement or the police. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECE. ER 19, 1996 After discussion it was suggested to use the rear door as a service entrance/emergency exit only to dissuade heavy patron traffic in the rear. Mr. Piper noted that he wants to be "a good neighbor" and doesn't anticipate any unusual noise being generated. He explained that his business will have three (3) big screen TV's, and no live band music or the such. He also noted that he plans to install closed circuit TV in the parking lots which will allow the management to know if a problem may be developing. Mr. Steve Philipson, the owner and landlord of the building where this business if being located, spoke supporting the issue. The public hearing was closed at 7:52 P.M. Mr. Schulke removed himself because of a conflict of interest in that his father is involved in renovations for this project, and being a qualified agent of the Company, therein lies the conflict. He submitted a conflict of interest form. Ms. Kilkelly mentioned having a problem with commercial and residential being so close and in the same zoning district, and suggested having the Riverfront Committee look at this situation. Mr. Massarelli responded that indirectly, the Riverfront Committee has discussed this when their recommendation is to eliminate all the zoning districts in the riverfront area, consolidate them into one riverfront mixed use district, and bars and lounges did survive the cut. He cautioned the Commission against getting into determining how many bars and lounges and restaurants are to be permitted in this area This is a private decision. Ms. Kilkelly still felt the City Attorney should voice an opinion of mixing commercial so close to residential properties. MOTION by Pliska/Johns I make a motion that we approve the conditional use permit for the Piper pub -style restaurant at 920 U.S. Highway I with a stipulation that the rear door be strictly used for service and emergency exit only and the applicant comply with all state and local laws and ordinances at all times, and find that the conditional use is designed, located and proposed to be operated so that the public health, safety and welfare is protected, that it does not present an unduly adverse effect on the properties in the impacted area in which it is located, that it conforms to all applicable provisions of the district in which it is located, and that it satisfies the conditions stipulated for the bar and lounge conditional use described in subsection 20A -6.1.C. Roll call was taken. Mr. Driver -yes Mr. Johns - yes Chinn. Fischer - yes Ms. Kilkelly - �no Mr. Mather - yes 4 PLANNING AND ZONING COMMISSION ivffNUTES OF REGULAR MEETING OF DECEMBER 19, 1996 Mr. Puska -yes Ms. Vesia - no The vote was 5 - 2 and the motion carried. A break was taken at 8:05 and the meeting resumed at 8:16 P.M. RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT - MAJOR SUBDIVISION - COLLIER CREEK ESTATES Mr. Massarelli gave staff presentation noting that this project should be an asset to Sebastian. He noted that the drainage right-of-way issue in the south needs to be resolved. The review of this project is dictated and governed by the settlement agreement between the City of Sebastian and General Development Corp., which he has passed out to Commission members. He explained that when General Development Corp. was in bankruptcy court, in order to settle their situations in dir'ferem communities where they were working, they entered into these settlement agreements. Within this agreement on page four (4), it specifically talks about construction in the uncompleted portions of Units sixteen (16) and seventeen (17). Based on the emsting plat, we cannot impose any additional requirements on GDC, or their successors or assigns. On page five (5) of the settlement agreement, provisions' were made for re -platting for purposes of moving roads or drainage in compliance with St. John's River Water Management requirements. Staff has made the assumption that the purpose of this re -plat is to bring drainage and roads up to standards. The developer has agreed to comply with most of the provisions of the Land Development Code. It was determined to permit wells and septics. The density of this development is being decreased considerably and will provide more green space and more recreational area. Mr. Massareih pointed out that plat information has been provided as required, but lot 4 block H seems to be different between construction drawings and the preliminary plat. He noted that this needs to be straightened out. He also noted that several lots on a cul-de-sac will have a setback that is greater than what is required by the Code, at eighty (80) foot width. He spoke of mitigation on the wetlands, and possibly de -watering affects, and noted that this issue must be addressed in the next phase. Mr. Massarelli noted that because of the settlement agreement, required potable water improve- ments are not provided, and wastewater improvements are not provided. Staff recommends that the applicant be required to disclose to future purchasers of the land that the County has the right and the ability to implement a waterline assessment in this subdivision. He also noted that easements and stormwater management tracts, on the face of the plat, are dedicated to the property owners for maintenance. This is not acceptable, and it needs to be by a Homeowners' :association. In addition, there needs to be language in there that in the event that the Homeowners" Association fails to maintain it, that the City has the right to go in and maintain those facilities. We are not accenting responsibility for those, but in the event that that occurs in the future and something has to be done. we have the right to go in there and do that. This provision needs to be placed on the face of the plat. PLANNING AND ZONING CONMSSION MINUTES OF REGULAR MEETING OF DECEMBER 1971996 Staff is recommending a twenty (20) ft. wide drainage andmaintenance easement along waterways. In response to a question from Mr. Schulke, Mr. Massarelli responded that a twenty (20) ft. wide maintenance easement is being required because of the size of the body of water, and equipment that may have be used. Staff is also asking that no fill be removed from the site during the excavation of the lakes. That fill would go on the lots and minimize the impact on the surrounding properties. And the area must be tested for muck soils. Mr. Massarelli noted that sidewalks are not required, but the applicant has afire -.,d to require that at the time of construction, the builder install on the right-of-way adjacent to the lot, a sidewalk on the south side of Flemming to match up with the sidewalk at Harbor Point, and on the east side of Easy Street. The applicant will install street lights according to code, and utilities will be installed under ground. The project proposes seven (7) phases: 1. off Wimbrow 2. extension of Flemming and Easy Street 3 J. off Englar 4. (pointed to on map) 5. (pointed to on map) 6. (pointed to on map) 7. (pointed to on map) When discussing the remainder of the project with the applicant, the decision should be made by the City on the stormwater management pond, and we may want to acquire some property for various reasons unknown at this time. We will address this at the completion of phase four (4). The intent is to get Easy Street done right away. Staff recommends that the plat for Collier Creek be approved subject to the following conditions: I. That the construction documents must be approved by the Community Development Director with input from appropriate staff. The construction documents must be in substantial compliance with the preliminary plat. After taking action, the Community Development Director shall report to the Planning and Zoning Commission at the next meeting of the Planning and Zoning Commission. Appeals of the Community Development Director's actions may be made to the Planning and Zoning Commission. 2. The procedure to transfer the waterway property and drainage right-of-way shall be determined prior to the approval of any construction. 3. A twenty foot drainage and maintenance easement shail be provided along the waterways. 2 PLANNING AND ZONING COMIUSSION MINUTES OF REGULAR 1EETING OF DECETVMER 19, 1996 4. The dedication of the drainage easements and stormwater tracrs must be to the homeowners association and not the individual property owners. The dedication shall also include a provision giving the City the right to access these easements in the event the homeowner association fails to maintain the system. 5. The proposed drainage easement parallel to Englar Drive as well as the drainage and maintenance easements along the waterways shall be dedicated to the City. 6. Approve the first four phases of the project as proposed wirh temporary cul-de-sacs. The remaining phases should be determined at a future date and be approved by the Planning and Zoning Commission. The intent of the later phases is to extend Easy Streetimmediaateiv. 7. The southeastern most tract shall remain a drainage right-of-way and the plat so noted. 3. That the sheets 3 and 4 of 13 be corrected to fix match line. Mr. Pliska asked - if there was a drainage problem on the property near The proposed lake, could the water be tied into this lake? Mr. Massarelli responded that the applicant has indicated that in this event, he would work with us, and sees that the proposed lake would benefit their property. Mr. Mather asked about Planning and Zoning involvement during the phasing process. Discussion followed on the three phases and procedures of handling them. A few members objected to not being informed as the process progresses. Ms. Kilkelly noted that the code has not changed vet. and would set a bad precedent. Mr. Massarelli responded with his interpretation of the code, and felt that the code would be followed if subject approvals were made administratively subject to review by Planning and Zoning. It was made clear that final plat of each phase will come before P & Z Commission. Mr. Massarelli also explained that we will see if it works to have the administrative review of construction in Sebastian. If it works well, fine, if not you will know. He also noted that in the proposal that Mr. Mather is working up, you will also see each construction phase with possibly a fourteen (14) day delay. Randy Mosby of Mosby & Associates was present representing the applicant. He stated that his client agrees to all recommendations from the City. He noted that all his client is looking for is preliminary plat approval, and pointed out how difficult it would be to read two (2) inches of drainage calculations that go along with this project. He also suggested that the phasing of the project is set up to give flexibility to the City. If the City needs more land for the stormwater system, he is willing to work with them. He also noted that the one little curve planned for Flemming Street is to save the biggest oak trees on the property. He mentioned that mitigation is on a two (2) to one (1) basis. h PLANNING AND ZONING COMMISSION MINIMS OF REGULAR MEETING OF DECEI+MER 19, 1996 Mr. Mosby also referred to Mr. Massarelli's comment 142 on page nine (9) of his presentation. Lot 4 Block H, which is a correction on the preliminary plat and they will take care of it. He noted that they are waiting for the City Engineer's review on the surfacer water management plan. He also pointed out that each phase is designed to stand alone, with each of the three lakes being a part of a phase. All maintenance and drainage easements will be complied with, and all fill material will remain on site. Sidewalks are part of the deed restrictions, and will be installed as each house is built. In response to a question from Mr. Mather, Mr. Mosby responded that the generalized time -line is five (5) years to buildout, and at the four (4) year point, they would re-evaluate the connection of Easy Street. The southern -most tract is considered an out -tract and is not even shown on the preliminary plat. They are also ready to begin construction immediately. He also noted that originally this property was planned with six hundred and forty (640) lots, and is being reduced to one hundred and eighty (180) lots, and will be a much nicer development. In response to Ms. Kilkelly's question on the conservation easement, Mr. Mosby e.mlained that the purchaser owns the easement area as part of the lot, but cannot build on it or landscape it. It must not be disturbed. Mr. Warren Dill, a local attorney who is representing Harold Adams, was present, and noted that this is a good project; they agree with the conditions placed on the project; and stated that St. John's Water MaIIagement District has required that there be a homeowners' association. Those documents will be finished very soon. At this point, John King of Century 21, representing Mr. Adams, noted that the sidewalks at Harbor Point would be built as the houses are built along Flemming Street, as agreed to with City . Council. Mr. Massarelli noted that his recommendation to City Council will be on the three (3) sheets of the preliminary plat. We are not approving construction drawings at this point. MOTION by Johns/Mather I move that we recommend to City Council the approval of the preliminary plan for Collier Creek Estates subdivision. This approval would be subject to him meeting all the conditions listed in the staff report recommendations, except that Item O 1 would be revised to require that the P & Z has twenty-one (2 1) days after the Community Development Director's approval to review the construction drawings. This work is depicted on the prelirninar_v plat of Collier Creek Estates, sheets of 3 of 3, date stamp December 13, 1996, and prepared by James A Fowler, Land Surveying Company. There was discussion about the specifics of construction drawing approval between the Community Development Director and the P & Z Commission. 8 PLAINNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECE: ER 19, 1996 Roll call was taken. Ms. Kilkelly - yes Mr. Mather - yes Mr. Pliska - yes Ms. Vesia - yes Mr. Johns - yes Chmn. Fischer -yes Mr. Schulke - yes The vote was 7 - 0. Motion carried. CHAIRMAN MATTERS • None MEIMERS i�MA.TTERS: Mr. Schulke voiced an opinion that the packets for the meetings are coming out too late, and he does not have enough tune to go through them thoroughly. Mr. Massarelli noted that in December, the compressed holiday schedule created some problems in getting the material together. He agreed to look into it and improve the method. Mr. Driver asked when the City Attorney will be at these meetings. Mr. Massarelli noted that when the Commission has a specific problem, he will arrange to have the City Attorney present. Attendance at the P & Z Commission meetings cost the City extra dollars for the attorney's presence. He suggested letting him know early enough to get an answer from her or arrange to have her present Tis. Kilkelly noted that it is not always possible to know in advance when a legal opinion is required- 1W equired Mr. yfassarelli said that he will speak to the City Manager about this. Mr. Pliska noted that the Accessory Building and the 30% rule needs to be worked on soon. Mr. Massarelli suggested that in a few months he will set up a workshop meeting to discuss this. Ms. Kilkelly asked when Ordinances X-8 and X-9 would be reviewed. Mr. Massarelli responded that the City Attorney reviewed the seven ordinances presented at the last meeting and suggested that he re -do those ordinances because we can only have one subject item per ordinance. So those seven have now become about twenty (20) or twenty-five (25) ordinances. 9 PLANNING AND ZONING CONIlVOSSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 1996 DIRECTOR MATTERS: Mr. Massarelli noted that there are several projects that he wants to present to the Commission on January ?: 1. Vickers Grove Industrial Subdivision - replat of the preliminary plat of the area 2. The Vickers Grove sand mine - special use permit 3. Grace's Landing - situation on Palmetto and Louisiana - redevelopment ( He noted that the preliminary site plan will probably look quite differern.) He also noted that there are some magaificent, lame live oaks on this property, and attempts are being made to save them. Mr. Schulke suggested that on preliminary site plans, when the City knows that they might need right-of-way in the future, the applicant might apply for impact fee credit in lieu of the right-of- way. Mr. Massarelh thanked him for the suggestion and remarked that it was a very good idea. 4. Sembler's Marina. - the applicant proposes to increase the seating size of the restaurant and the raw bar, will increase the parking area. putting it on new property which means that it is considered a new site plan. 5. Previously discussed ordinances 6. The EAR - DCA came back with eight (8) comments on the EAR. The major issue is the lack of our concurrency management system. It should have been adopted in 1991, and it must be put in place; and related levels of service. 7. Natural resources He noted that Keens may be ready to sell and a bar-b-que place is coming in on U.S. 1. He remarked that the economy seems very strong which is very positive for Sebastian. Mr. Massarelli said that feedback he has received from developers tells him that people have avoided the City of Sebastian for the last five (5) years or so because the reputation was not very positive, and the recent positive press we are receiving along with the attitude of City Council is bringing in a lot of people who avoided Sebastian in the past. At this point Mr. Johns noted that he would be absent on January ?, 1996. Chairman Fischer adjourned the meeting at 10:00 P.M. 10