HomeMy WebLinkAbout2009 01 27 - Chronological by Sally MaioSally Maio
From: Sally Maio
Sent: Tuesday, January 27, 2009 2:01 PM
To: 'andrea coy'; 'Dale Simchick'; 'Eugene Wolff; Jim Hill; Richard H. Gillmor
Cc: Alfred Minner; Robert Ginsburg; Rebecca Grohall; Jan King; Dorri Bosworth; Jeanette
Williams; Donna Cyr
Subject: FW: Chessers Gap Chrono and 0-87-09 - R-04-29 - 2004 minutes
Attachments: CLERK1282_000.pdf; CHESSERS GAP - NOTES.doc
Council Members:
Yesterday a member of Council asked me to provide a copy of the motion that changed the
zoning for Chesser's Gap. After reviewing the Chesser's Gap file, I updated a chrono I had
prepared last year and it is attached to this e-mail along with copies of 0-87-09 which
approved the zoning and conceptual plan for Chesser's Gap, R-09-29 which amended the
conceptual plan for site 5 from industrial to multi -family, and copies of pages from 2004
P & Z and Council minutes relative to amendment of the conceptual plan.
The answer was there was no specific motion to change zoning, but R-09-29 by its adoption
amended the conceptual POD for Chesser's Gap from industrial to multi -family.
I thought it best to share the information with all of you since this is a quasi
proceeding.
Sally
-----Original Message -----
From: Sally Maio
Sent: Tuesday, January 27, 2009 10:06 AM
To.: Sally Maio
Subject:
1
CLERK1282-000.pd
CHESSERS GAP -
f (357 KB)
NOTES.doc (56 K...
Council Members:
Yesterday a member of Council asked me to provide a copy of the motion that changed the
zoning for Chesser's Gap. After reviewing the Chesser's Gap file, I updated a chrono I had
prepared last year and it is attached to this e-mail along with copies of 0-87-09 which
approved the zoning and conceptual plan for Chesser's Gap, R-09-29 which amended the
conceptual plan for site 5 from industrial to multi -family, and copies of pages from 2004
P & Z and Council minutes relative to amendment of the conceptual plan.
The answer was there was no specific motion to change zoning, but R-09-29 by its adoption
amended the conceptual POD for Chesser's Gap from industrial to multi -family.
I thought it best to share the information with all of you since this is a quasi
proceeding.
Sally
-----Original Message -----
From: Sally Maio
Sent: Tuesday, January 27, 2009 10:06 AM
To.: Sally Maio
Subject:
1
CHESSERS GAP DEVELOPMENT CHRONO - supplement
1/8/86 Petition for voluntary annexation accepted
1/15/86 First reading of Ordinance 0-86-02 annexing Chessers Gap approved
2/19/86 Ordinance 0-86-02 annexing Chessers Gap 57.42 acres adopted
7/16/86 Chessers Gap offered site for police station
8/20/86 First reading of Ordinance amending CLUP to change land use from IRC LD -2
(low density) to City CG — general commercial — passed
11/19/86 Ordinance 0-86-20 amending CLUP to change land use from IRC LD -2 (low
density) to City CG — general commercial — adopted
12/17/86 more discussion of 2 acre tract for police station
1/8/87 P & Z public hearing on Chesser Gap rezoning from IRC agricultural to
commercial PUD
2/4/87 Mayor requested attorney to draft ordinance for rezoning of Chessers Gap for
first reading on 2/11/87
2/25/87 Ordinance 0-87-09 change zoning from IRC LD -2 to PUD -C (commercial
planned unit development) and adopt a conceptual plan - adopted
11/18/87 Motion approved to extend time for filing of preliminary development plan for
Chessers Gap from 8/25/88 to 18 months after City adoption of revised
thoroughfare plan
12/16/87 Discussion of grandfathered trailers at Chessers Gap
1/25/89 Council adopts CR512 and Thoroughfare Plan by R-88-77
8/6/89 Discussion of site at Chessers Gap for PD — Stottler Stagg reviewing site
2/14/90 Consider dedication of property at Chessers Gap for police station — R-90-10
authorizing execution of dedication
3/14/90 Report by City Manager that dedication agreement not yet returned by developer
4/25/90 Discussion — costs involved in locating police station at Chessers Gap
7/23/90 Preliminary Development Plan for Chessers Gap submitted
10/9/90 P & Z — Chessers Gap question and answer workshop
10/24/90 Report on Chessers Gap Preliminary Planned Unit Development - postponed to
11/7/90 workshop - Report on Chesser's Gap Water Service - City Attorney to
draft resolutions to amend GDU and IRC franchises - no time certain
11/7/90 Workshop - Attorney to draft resolution for 11/14/90 to exclude Chessers Gap
water service from IRC franchise and include in GDU franchise - include P & Z
recommendation and waiver of subdivision requirement for sidewalks and bike
paths
Attorney directed to draft resolution for adoption of Chessers Gap PUD — include
recommendations from P & Z — authorize developer to provide bikepath and
sidewalk on west side of Fleming
11/14/90 Resolution No. R-90-46 approving preliminary development plan for Chessers
Gap PUD — adopted
11/28/90 First readings of Ordinance No. 0-90-16 (include Chesser's Gap in GDU
franchise) and Resolution No. R-90-51 (exclude Chesser's Gap from IRC
franchise) accepted as amended by Attorney —
12/12/90 ORDINANCE NO. 0-90-16 - Amending GDU Water Franchise to Include
Chesser's Gap - RESOLUTION NO. R-90-51 - Amending IRC Water Franchise
to Exclude Chesser's Gap - adopted
1/2/91 Chesser's Gap Sand Mining Permit - Direct Attorney to Draft Resolution and Set
Public Hearing on 1/23/91
1/23/91 Resolution No. R-91-02 Special Use Permit for sand mining at Chessers Gap -
public hearing — resolution adopted
11/26/91 Developer requests conceptual site plan for Food Lion
3/11/92 RESOLUTION NO. R-92-14 - Chessers Gap Final Plat (Chessers Gap Mall —
shopping center) for 15.02 acres — plat dated 6/19/91 - adopted
10/6/92 Council directed staff to finalize negotiations with developer to obtain additional
right-of-way for Wave Street
10/28/92 Resolution R-92-42 City accepting Fleming Street row and improvements —
approved and recorded
9/17/97 Chessers Gap - Bayrock Development Exxon gas station preliminary
development plan and site plan approval dated 8/26/97 — R-97-54 adopted
3/25/98 Exxon Gas Station at Chesser's Gap - Revised Landscape Plan - approved
1/27/99 Resolution No. R-99-04 - Major Modification to Site Plan for Exxon Gas Station in
Chesser's Gap PUD to Add Drive Through Car Wash - tabled to special meeting
2/17/99 Resolution No. R-99-04 - Major Modification to Site Plan for Exxon Gas Station in
Chesser's Gap PUD to Add Drive Through Car Wash — adopted
6/14/00 Resolution No. R-00-32 - Site Plan and Preliminary Plat Approval for Charter
School in Chessers Gap PUD(C) - agenda — adopted
7/28/04 Quasi -Judicial Public Hearing Resolution No. R-04-29 modification of Chessers
Gap conceptual development plan from industrial to multi -family residential for
Chesser's Gap PUD (site 5) — approved
04.176 B. Quasi -Judicial Public Hearing Resolution No. R-04-29 Modification of
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE
CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT
KNOWN AS CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
The City Attorney read the ordinance by title, and Mayor McCollum opened the
hearing at 7:38 p.m., there was no ex -parte communication to be reported, and
the City Clerk swore in all those who offered to give factual testimony.
Joseph Schulke, Schulke, Bittle & Stoddard, LLC, representing the applicant
Sebastian General Partnership, presented the proposal for modification of the
Chessers Gap conceptual development plan to City Council from industrial to
multi -family residential.
The Growth Management Director presented staff recommendation and noted
the development plan will come back before City Council. He then responded to
questions from Council.
Ms. Monier strongly recommended that the workforce affordable housing be
considered.
Louise Kautenberg, said affordable workforce housing is badly needed in
Sebastian.
Bruce Lee was sworn, noted objections raised during the Planning and Zoning
Commission, expressed concern about density issues and appealed for lower
density.
Andrea Coy questioned the data used to determine need, objected to the
modification until there is a revised comprehensive land use plan and a full plan
for the property are in place.
At the request of the City Manager, the Growth Management Director verified
that there is a state mandate to provide for affordable housing and the City is still
deficient and could be found to be inconsistent with its comprehensive land use
plan. The Growth Management also noted the City is only required to update its
comprehensive land use plan every ten years, however the City is revising it
sooner to bring it up to standards.
The Growth Management Director said staff was recommending the modification
to the conceptual development plan tonight based on comprehensive
development plan requirements and zoning consistency, wherein multi -family
zoning is more compatible with adjacent single-family zoning than is industrial
zoning.
The City Attorney recommended an author's amendment to Section 1, as follows
.with the January 2004 narrative update and a plan bearing a date with
engineer's certificate of July 20, 2004 prepared by Shulke, Bittle and Stoddard".
The City Attorney noted no one was denied input on the density merely advised
that there will be a full hearing on density at a later date.
Ms. Monier said there is a conceptual plan in place before Council, and said she
hoped the public does come when the preliminary plan comes before Council.
The City Attorney said density will be discussed during preliminary development
plan consideration.
Mayor McCollum responded to resident concerns, and expressed his concern if
this was to remain industrial, and his concurrence with the need for multi -family.
Mr. Barczyk said the name should be "homes for working families' rather than
affordable housing; said quality of life means different things to different people,
and there is a need for multi -family in Sebastian.
Mr. Coniglio said Council appreciates the manner in which Council protects them
with good information.
Mr. Heptinstall said he feels there is not enough done to enlighten citizens about
the policies and procedures needed to conduct the business of the City; said
Council is not trying to ignore anyone but there are legalities they must abide by.
He invited residents to contact individual council members with questions.
On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-04-
29 was adopted as amended (by the City Attorney) by a roll call vote of 5-0.
5/9/07 Quasi -Judicial Hearing Resolution No. R-07-18 - Site Approval for Sherwin
Williams Paint Store in Chesser's Gap PUD with the conditions and the addition
of the sign requiring large pickups to occur at the rear — adopted
9/24/08 Resolution R-08-21 - Final Plat for Chesser's Gap Subdivision Phase II —
adopted
Comm. P. U. D.
0
496891
ORDINANCE NO.
MV -51. - AML $ .5 V
` J10A WRIGHL Clerk -of Cirodl Cart
MoTh Rver Comry - by� "tom
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
THE ZONING ORDINANCE OF THE CITY BY REZONING APPROXIMATELY
58:-09 T+CRES OF LAND LOCATED SOUTH OF COUNTY ROAD 512, SOUTH
-bF-THE-TR- TER'SECTION OF SAID COUNTY ROAD 512 AND FLEMING STREET,
APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY
NO ONE, FROM INDIAN RIVER COUNTY LOW DENSITY (LD -2) TO PUD (C),
COPs'MERCIAL PLANNED UNIT DEVELOPMENT; IMPOSING RESTRICTIONS;
ADOPTING A CONCEPTUAL DEVELOPMENT PLAN; PROVIDING AN EFFECTIVE
D .
WHEREAS, the City Council has adopted a (PUD)(C) Commercial
Planned Unit Development as an intergral part of the City's Zoning
r✓' Ordinance, and,
O-
ry WHEREAS, the Applicant, Sebastian General Partnership, B.F.T.,
a Florida General Partnership, has submitted a conceptual development
plan and other material in accordance with the requirements of the
Planned Unit Development Ordinance; and,
WHEREAS, the Staff and the Planning and Zoning Commission
have reviewed the the conceptual development Plan, has held a
public hearing thereon, and has recommended approval of the plan; and
NWHEREAS, the City Council has reviewed the Plan and has held
a public hearing thereon, and
WHEREAS, the Council has found and determined that the Plan
0
meets the requirements of the Zoning Code subject to stipulations,
and has determined that the plan with the stipulations is in the
best interest of the City and should be and hereby is approved;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
yy
OF SEBASTIAN, FLORIDA, AS FOLLOWS;
4 -
SECTION I
T
-4-
That the following described Real Property is hereby rezoned
U
lY`
from Indian River County Low Density (LD -2) to PUD(C) Commercial
0
Planned Unit Developments
z¢~
"A parcel of land in the N.E. k OF Section 13,
Township 31 Southm Range 38 East, known as
'
Chesser;s Gap, described as follows: That Part of
the N.W. k of the NE � of Section 13, Township 31
V
South, Range 38 East, Lying South of Fellsmere Road,
00
AND ALSO the West � of the NE k of the HE h of Sec.
CD
13, Township 31 S, Range 38 East. All of the above
land now lying in the City of Sebastian, Indian River
County, Florida."
n
-'
r y
SECTION II
The Conceptual Development Plan as submitted is hereby adopted
and approved and shall be carried out in every manner consistent
with the requirements of all regulations and ordinances of the
City of Sebastian and shall be subject to all of the following
conditions and restrictions:
1b 1. DENSITY. The density shall conform to the Comprehensive
Plan and shall not exceed the proposed conceptual plan density with
the specific number of units being determined only after approval
of the Preliminary Development Plan by the City of Sebastian. The
City does not hereby £rant a vesting in the number of specific units
proposed until appropriate planning, engineering, traffic, and en-
vironmental studies are submitted to the City pursuant to the City's
Codes and standards. The City reserves the right and power to de-
-
crease such density based on detailed site plan considerations of
the zoning code and comprehensive land use plan in effect at the time
the said preliminary development plan is submitted for approval.
2. Transportation Improvements. The applicant shall provide
the City with legal assurance approved by the City Attorney that the
promised improvements to the Fleming Street Thoroughfare extension
shall be incorporated in the Development Plan and that all such right-
of-way required shall be duly deeded to the City. Also, subject to
approval of Indian River County, the improvements at the intersection
of Fleming Street and County Road 512 (Fellsmere Road), including
traffic control devices and deceleration lanes and other improvements
shall be provided by the applicant, its successors or assigns.
3. Land Development Code. The Applicant shall abide by all
of the applicable provisions of the City's Land Development Code,
including Sections 20A-4.6, and 20A-4.9 through 4.14, inclusive.
4. Binding assurances. The applicant shall submit appropriate
assurances that the applicant's successors or assigns, if any, shall
to
N
comply with all provisions governing approval of the planned unit
O
development. Such assurances shall be submitted to the City attorney
ca
as specified in Section 20A -4.9(D) (1), (2), and (3), Land DEvelopment d
CV
COr-
Code (at page 242 and 243).
r
CD
O
C1:
-2-
O
5. Development Schedule. A development schedule indicating
the approximate starting and completion dates has been submitted to
the City as part of the conceptual development plan. If subsequent
changes in the schedule are proposed in the future, such changes
shall be submitted to the City in an expeditious manner to assure
effective communication concerning any potential problems or issues
accociated with the development. All public facilities shall be
staged to service in a timely manner the needs of the phased develop-
ment schedule.
6. Drainage. The entire site shall be designed to retain on
site stormwater run-off from a twenty-five (25) year, twenty-four
(24) hour storm. All lakes placed on the site shall be at least as
permeable as the average grassey open area.
7. Water and Sewer utilities. It is understood that if either
water and/or sewer service is to be provided from off-site facilities
of a utility supplier, such service shall require prior approval of
Indian River County pursuant to the Indian River County Water and
Sewer Franchises granted by the City to the County, and to the inter-
local agreement concurrent therewith. The City of Sebastian shall
assist in that regard to solve such problems due to the environmental
considerations associated therewith. Such assistance shall be limited
to mutual cooperation with the applicant and Indian River County.
SECTION III
This Ordinance shall take effect immediately upon final passage
by the City Council.
I HEREBY CERTIFY that this Ordinance was passed by Final
Reading hereon after Public Hearing by the City Council of the City
of 'Sebastian, Florida, on the o7J� day of February, 1987. (1)
_
00
N
CITY OF S IAN, FLORIDA CD
ATTEST:, B a.4 A_4GAA .__ C9
Kathrine Benja n, City ne Harri yor
Clerk
co
CD
' IHEREBY CERTIFY that Notice of Public Hearing on this Ordinance 1+ -
was given in accordance with Section 166.041, F.S. and with Sec. 20A-
11.4 of the Land Development Code; that a public hearing was held at
City Hall at 7:00 p -m., and this Ordinance was duly passed following
the Public Hearing on the 225d_day of February, 1987.
�iG
`/ty1.,t' jM /�r�,.,, _ APPROVED TO FORM AND LEGAL
Tatherinp Benjamin, ity Clerk SUFFICIENCY-.
Thos. C. Palmer
City Attorney
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF MARCH 4,
"I make a motion we renew the model home on 1290 Barber Street for one more year."
ROLL CALL: Mr. Faille
yes
Mr. Allocco
yes
Chmn Smith
yes
Mr. Mahoney
yes
Mr. Seeley
yes
Mr. Keough (a)
yes
The vote was 6-0. Motion carried.
As the representative for Mr. and Mrs. Welsh had not arrived this item was moved down
on the agenda.
B. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL—
REVISION TO CONCEPTUAL DEVELOPMENT PLAN PUD (C) —
CHESSAR'S GAP — SEBASTIAN GENERAL PARTNERSHIP —
FLEMING ST & CR 512
Chmn Smith opened the public hearing at 7:04 p.m. Mr. Joseph Schulke, Schulke, Bittle
and Stoddard, 1140 7" Court, Vero Beach, Florida presented the application. He gave a
brief history of the property and the original PUD approval. The proposal is to change
approximately 14.5 acres on the east boundary from light industrial use to residential use
up to eight units per acre. Mr. Hass added that this would be a better transition from the
existing residential to the commerciallindustrial on CR 512. This is not a zoning change
and does not involve an actual density establishment at this time but by designating this
section of the property for residential the applicant will have the ability to request up to
eight units per acre when they design a plan.
Mr. Mahoney asked direction from Mr. Stringer on where the commission's questions
can go regarding this project. Mr. Stringer responded that the question before the
commission is should the site be a residential use or industrial use. The "how much"
residential comes in later at a future hearing. Mr. Allocco asked staff if this could be
reversed back to industrial if changed to residential now and Mr. Hass said the applicant
would have the ability to file for any other request.
The following people spoke:
Jeanne Jessup, 115 Harbor Point Drive expressed confusion as she thought this
meeting would be the one to determine the zone change and density issue. She asked
for a clarification from Mr. Stringer. He responded that it specifically provides in the
PUD -C the use of eight units per acre is not a matter of right but will be determined
during the preliminary development plan approval, which is the second step in the PUD
process.
Richard Gwinn, 102 Barbara Court, expressed concerns about growth and believed that
multi -family use was not appropriate_
Ray Grimaldi, 114 Harbor Point Drive, stated his displeasure with 16 -year-old data used
with this application. Mr. Stringer explained that the data used was the original data
when this property was developed into the PUD.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF MARCH 4, 2004
Maureen A. Mathewson, 108 Harbor Point Drive, said she loves Sebastian and is
concerned about the density that could go on the 14 acres.
Bruce Lee, 103 Harbor Point Drive, asked about the 100 -foot easement on the east side
and what will happen to it when this property is developed. Mr. Hass responded that the
100 -foot buffer is for adjacent industrial or commercial uses. If adjacent residential there
is not a requirement for the 100 foot buffer on structures. He added that the storm -water
tract Mr. Lee is referring to is part of Harbor Point and is off this property.
Kathy Madsen, 115 Harbor Point Drive, said she received different information from the
office staff than what is being presented here.
Mr. Schulke offered a rebuttal. The 1987 approved plan shows a 100 -foot buffer around
the perimeter and that is not changing. The storm -water pond is part of the master
storm -water system for the entire PUD. Mr. Hass clarified the permitted light industrial
uses in the PUD -C and explained how much more intrusive they would be than multi-
family housing. Mr. Schulke continued by apologizing if he offended anyone and
explained why he and his client felt a residential use was more appropriate for this
property.
Ms. Jessup said that it was not the residential use that she was opposed to but the
density of multi -family housing.
Mr. Gwinn asked if there are preliminary plans for development in the works right now
and Mr. Schulke said he had not been retained to do anything along those lines.
Sharon Norris, 106 Harbor Point Drive, felt that 116 units is high density.
Mr. Allocco felt adjacent properties should be looked at when approving commercial
PUD's. Mr. Hass said the properties adjacent to this PUD are RS -10 Zone. Chmn Smith
expressed his concerns about having light industry on this property and offered his
apology to Mr. Schulke who has always been professional when addressing this
commission. Commissioners Mahoney, Seeley and Keough all agreed that a residential
use would be more appropriate than a light industrial use.
Chmn. Smith closed the public hearing at 7:56 p.m.
MOTION by Keough/Seeley
"I make a motion to recommend [to city council] the revision to conceptual development
plan PUD -C Chessar's Gap:"
ROLL CALL: Mr. Seeley yes Mr. Mahoney yes
Mr. Faille yes Mr. Keough (a) yes
Chmn Smith yes Mr. Allocco yes
The vote was 6-0. Motion carried.
3
Regular City Council Meeting
July 28, 2004 /J
Page Five
04.166 B. Parks & Recreation Advisory Committee
117-128
Mr. Barczyk nominated Elizabeth Gray (Zone B) and since there were no other
nominations, Ms. Gray was automatically appointed to the position.
Fill At -Larne Position
The City Council interviewed Michelle Merlin. It was noted that she would have to
resign her Tree Board position if appointed. No other applicants were present.
Mr. Barczyk nominated Michelle Merlin for the alternate position, and since there were
no other nominations, Ms. Merline was automatically appointed.
Mr. Barczyk asked if applicant MaryAnn Krueger could fill the vacant position on the
Tree Board, however, the City Clerk advised that the Code allows Council to
automatically fill an alternate position on the same board if an alternate is moved up, but
all other vacant positions have to be advertised.
9. PUBLIC HEARING
04.161 A. Adoption Reading of Ordinance No. 0-04-15 Amendment to Chapter 102, Article V,
129-134 Sebastian Stormwater Utility (Engineering Transmittal 6/15104, 0-04-15)
AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 102, ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
The City Attorney read the ordinance by title, and Mayor McCollum opened the public hearing at
7:37 p.m. There was no public input.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. 0-04-15 was
adopted by a roll call vote of 5-0.
04.176 B. Quasi -Judicial Public Hearing Resolution No. R-04-29 Modification of Conceptual
135.160 Development Plan for Chesser's Gap PUD (GMD Transmittal 7/20104. R-04-29, Plan
Map, Application. P & Z Minutes)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL
DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS CHESSER'S GAP PUD;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE.
5
Regular City Council Meeting
July 28, 2004
Page Six
The City Attorney read the orpnafice by title, and Mayor McCollum opened the hearing at 7:38
p.m., there was no ex -parte communication to be reported, and the City Clerk swore in all those
who offered to give factual testimony.
Joseph Schulke, Schulke, Bittle & Stoddard, LLC, representing the applicant Sebastian General
Partnership, presented the proposal for modification of the Chessers Gap conceptual
development plan to City Council from industrial to multi -family residential.
The Growth Management Director presented staff recommendation and noted the development
plan will come back before City Council. He then responded to questions from Council.
Ms. Monier strongly recommended that the workforce affordable housing be considered.
Louise Kautenberg, said affordable workforce housing is badly needed in Sebastian.
Bruce Lee was swom, noted objections raised during the Planning and Zoning Commission,
expressed concern about density issues and appealed for lower density.
Andrea Coy questioned the data used to determine need, objected to the modification until there
is a revised comprehensive land use plan and a full plan for the property are in place.
At the request of the City Manager, the Growth Management Director verified that there is a
state mandate to provide for affordable housing and the City is still deficient and could be found
to be inconsistent with its comprehensive land use plan. The Growth Management also noted
the City is only required to update its comprehensive land use plan every ten years, however
the City is revising it sooner to bring it up to standards
TAPE I - SIDE 11(8:02 p.m.)
The Growth Management Director said staff was recommending the modification to the
conceptual development plan tonight based on comprehensive development plan requirements
and zoning consistency, wherein multi -family zoning is more compatible with adjacent single-
family zoning than is industrial zoning.
The City Attorney recommended an author's amendment to Section 1, as follows
"with the January 2004 narrative update and a plan bearing a date with engineer's certificate of
July 20, 2004 prepared by Shulke, Bittle and Stoddard".
The City Attorney noted no one was denied input on the density merely advised that there will
be a full hearing on density at a later date.
Ms. Monier said there is a conceptual plan in place before Council, and said she hoped the
public does come when the preliminary plan comes before Council. The City Attorney said
density will be discussed during preliminary development plan consideration.
Regular City Council Meeting
July 28, 2004
Page Seven
Mayor McCollum responded to resident concerns, and expressed his concern if this was to
remain industrial, and his concurrence with the need for multi -family.
Mr. Barczyk said the name should be "homes for working families" rather than affordable
housing; said quality of life means different things to different people, and there is a need for
multi -family in Sebastian.
staff
Mr. Coniglio said Council appreciates the manner in which C-ourteil protects them with good
information.
Mr. Heptinstall said he feels there is not enough done to enlighten citizens about the policies
and procedures needed to conduct the business of the City; said Council Is not trying to ignore
anyone but there are legalities they must abide by. He invited residents to contact individual
councilmembers with questions.
On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-0429 was
adopted as amended (by the City Attomey) by a roll call vote of 5-0.
Mayor McCollum called recess at 8:18 p.m. and reconvened the meeting at 8:28 p.m. All
members were present.
10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit or five minutes for each speaker
Damian Gilliams said revenue is increasing in the new tax year and hoped that the Council will
carefully review the proposed line items with an eye to going to rolled -back rate.
Mayor McCollum said the budget workshop will take place on August 17'h.
11. OLD BUSINESS
04.115 A.
161-162
The City Manager gave a brief background on the request from Keep Indian River Beautiful and
requested further Council direction be offered to staff. He said that Cheryl Cummins and
Carolyn Corum from Keep Indian River Beautiful were present to address Council.
The City Attorney requested clear direction as to whether Council wants the recovery center
located at the City complex or does it simply want to offer administrative offices. He said the
recovery center would best be located in the back building, administrative offices would be best
located in the old City Hall building with conditions decided by the location.
RESOLUTION NO. R-04-29
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLA
:NT_KNOWN _AS_CHESSER'S GAP PUD; PROVIDING FOR
HEREWITH; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Sebastian General Partnership has filed an application for modification of a
conceptual development plan for a Planned Unit Development known as Chesser's Gap; and
WHEREAS, said conceptual development plan was originally approved by resolution of
City Council and, accordingly, would be amended by the same measure; and
WHEREAS, said modifications comply with applicable State and City codes and
regulations, including the Comprehensive Growth Management Plan;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. PRELIMINARY APPROVAL. The City Council of the City of
Sebastian does hereby approve the amended conceptual development plan for Chesser's Gap in
accordance with the January 2004 narrative update and a plan bearing a dated Engineer's
Certificate of July 20, 2004, prepared by Schulke, Bittle & Stoddard, LLC, as maintained on file
with the City Growth Management Department.
Section 2.
are hereby repealed.
Section 3.
upon its adoption.
CONFLICT. All resolutions or parts of resolutions in conflict herewith
EFFECTIVE DATE. This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember Coni¢Jio .
The motion was seconded by Councilmember Monier and, upon being put into a
vote, the vote was as follows:
Mayor Nathan B. McCollum
_aye
Vice -Mayor Joe Barczyk
_aye
Councilmember Ray Conigho
_aye
Councilmember Lisanne Monier
_aye
Councilmember Michael Heptinstall
_aye
The Mayor thereupon declared this Resolution duly passed and adopted this 28`a day of July,
2004.
ATTEST:
Sally A aio, CMC
City Clerk
C= OF SEBAST FLORIDA
By:
Mayor Nathan B. McCollum
Approved as to form and legality for
retia a by he City of Sebastian only:
Rich Stringer, Ci Atto' y