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HomeMy WebLinkAbout2009 - Preliminary Plat ApprovalE:Tr i?i HOME OF PELICAN ISLAND of Sebastian, Florida Subject: Resolution R-09-03 approving a Preliminary Plat for The Pointe at Chessers Gap Subdivision (a townhouse development) Submittal by: City Manager Agenda No. 0q,0a'? Department Origin: Growth Manageme if Purchasing/Contracting: Finance Director City Attorney: City Clerk: a^ Date Submitted: January 22, 2009 For Agenda of: January 28, 2009 Exhibits: R-09-03, 2004 Conceptual PUD Plan with approved Resolution & City Council minutes, Staff Report, P & Z Minutes, Application. Under Separate Cover: Preliminary Plat (Exhibit A), Aerials (B), Survey(C), EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY MBV Engineering, Inc., on behalf of Mr. Richard Jones of Chesser's Gap, LLC, has filed for preliminary plat approval for a 116 -unit townhouse development located within the Chesser's Gap Commercial PUD on Fleming Street across from the Wave Street intersection. The project consists of 116 units in 18 residential buildings, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an internal road network with one point of access on Fleming Street and an emergency access easement further to the north, also on Fleming Street. Proposed water and wastewater service will be accomplished via connection to an Indian River County Utilities water main and sewer system, both already existing within the PUD. Proposed stormwater drainage for the site has been designed with a relocated central retention area that will drain into the existing Chesser's Gap PUD master stormwater system, already approved by SJRWMD. The site consists of 14.5 acres of total land area, of which, 6.67 acres will be impervious (46%) and 7.83 acres will be open space (54%). Future development of a .91 acre recreation tract will consist of a clubhouse, swimming pool area, and possible tennis courts. The proposed preliminary plat reflects compliance with current townhouse zoning requirements, including minimum lot size, setback standards, open space requirements and all other dimensional criteria. Per the Land Development Code and established City procedures, the Planning and Zoning Commission held a public hearing at its October 4, 2007 meeting to consider the preliminary plat. The Planning and Zoning Commission, by a vote of 5-0, made a recommendation to City Council for approval of the Pointe at Chessers Gap Subdivision with conditions, one being that an updated final plat for the Chesser's Gap PUD be approved and recorded before final approval of the townhouse project was considered. The updated final plat was approved by City Council on September 24, 2008 and recorded the next day. RECOMMENDED ACTION Conduct quasi-judicial public hearing, and move to approve Resolution R-09-03, approving the Preliminary Plat for The Pointe at Chessers Gap with one condition. u 'sinmiii / / Ut mrab:t sac EOaNG RS -IO \, / ot i /9fa-Ew •!-1�►1tw 0 •��� /"///// / / [a. m [wcrc COMMERCIAL i // �@ \ COMMONTTY FACILITIES qR COMMERCIAL r 4.0 AC. AT 1 A t i PROFESSIONAL OFFICE/ �, 4 / R', / /4 COMMERCIAWGHTINDUSTRIAL s ®®® / V / / �'' LOT 2 8.73 AC. 8 \Nl" / nmlr v. cane y m. uc xvi ss.esac ..af/ A 0 i LOT 4, S, ANO B -CASH -N -CARRY / O q MULTI -FAMILY RESIDENTIAL Ifpml Y. WwS rv• Lcaps l'. xaA 8-UNI'TS/ACRE LOT 5 94 T I Q V/ P � � Ih Rm me u4ga0uaa�J[i rc X11 J1,� __--Rr31_wt_3]24l_—__� j / 6j °`a'mm• // � /{ I iirin �,I�.�FM�\ � sx.lafab• e J a.nem GST. a-mam // I J / O, B•5e1'w'9T •Tr•�'•�\ �� In � � A /i9 I " ami , .. /•°,d 2 i OUG1h�� 4 a amssat COMMERCIAL• RETAIL O wr.ra't m.n 65 0/'�`►3/�-. 1 20.33 AC. I.� I� j A � j 8O •. Il"�'��'Bxli 1 [w.omm� _mam cm/]ros umr e I e ,[� v A PROFESSIONAL OFFICE/COMMERCIAL S. RICE 9a -W Q R$ -la ra� 'n I4.20t NAC. Nrt aK[/cdw[PCIN G G.aT1Y'S]t j a. wll-.w+w-Iwl wtwl a�+'s-atwa alarw afw••��• sev.x'a.w wlnas-w-atw�� is �ll+r•Iw-w w►wr real-ew-�I. ew-w-w-n` COLLIER WATERWAY 0"WE WER 2004 REVISED CONCEPTUAL PUD PLAN .ONTF.NTR FOR CHESSER'S GAP Regular City Council Meeting July 28, 2004 Page Five 04.166 B. Parks & Recreation Advisory Committee 117-128 i. Interview Unless Waived and Submit Nominations for Unexpired Zone B Position (City Clerk Transmittal 7/12/04, Code, Applications, Ad, List) Mr. Barczyk nominated Elizabeth Gray (Zone B) and since there were no other nominations, Ms. Gray was automatically appointed to the position. Fill At -Large 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. 129-134 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. 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. Regular City Council Meeting July 28, 2004 Page Six 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 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. 0 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-otateil 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-04-29 was adopted as amended (by the City Attorney) 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 of five minutes for each speaker Damian Gllliams 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'". 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. 7 RESOLUTION NO. R-04-29 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AME C., THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UN , -✓`'' DEVELOPMENT KNOWN AS CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS 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 Conialio . 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`s day of July, 2004. ATTEST: Sally A. Xaio, CMC City Clerk CITY OF SEBAST FLORIDA BY: Mayor Nathan B. McCollum Approved as to form and legality for reli e by e City of Snebastian only: Rich Stringer, City Atto�n, y (M or S�TL HOME OF VPELICAN ISLAND Growth Management Department Preliminary Plat - Staff Report 1. Project Name: The Pointe at Chesser's Gap Subdivision 2. Requested Action: Preliminary Plat approval for an 116 -lot (unit) townhouse subdivision 3. Project Location a. Address: East side of Fleming Street, across from the Wave Street intersection b. Legal: Lot 5, Chesser's Gap Subdivision Phase II C. Indian River County Parcel Number: 31-38-13-00008-0000-00005.0 4. Project Owner: Chesser's Gap, LLC Mr. Richard Jones, Jr. 190 Congress Park Drive, Suite 180 Delray Beach, Florida 33445 (561) 274-4210 Fax (561) 274-4211 5. Project Agent: Todd Howder 6. Project Engineer: MBV Enpineering, Inc. 245514` Avenue Vero Beach, Florida 32960 (772) 569-0035 Fax (772) 778-3617 7. Project Surveyor: Stuart A. Houston, PLS Houston, Schulke, Bittle & Stoddard 1717 Indian River Boulevard, Suite 202-C Vero Beach, Florida 32960 (772) 794-1213 Fax (772) 794-1096 8. Project Description 1 a. Narrative of proposed action: MBV Engineering, Inc., on behalf of Chesser's Gap, LLC, has filed for preliminary plat approval for an 116 -unit townhouse development located on Fleming Street across from the Wave Street intersection within the Chesser's Gap commercial PUD. The project consists of 18 residential buildings, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an internal road network with the primary access on Fleming Street, in line with Wave Street, and a secondary emergency access further north on Fleming Street. Proposed water service will be accomplished via connection to an Indian River County Utilities water main, and wastewater service will be provided by connection to the Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to retention areas within the master stormwater system for the PUD. The site consists of 14.5 acres, of which, 6.67 acres will be impervious (46.0%) and 7.83 acres will be open space (54.0%). Future development of a .91 acre recreation tract will consist of a clubhouse, swimming pool area, and possible tennis courts. b. Current Zoning: PUD — C (Planned Unit Development — Commercial) Current Land Use: CG (General Commercial) C. Adjacent Properties Zoning Current Land Use Future Land Use North: CG 512 Commerce CG Center East: RS -10 Residential LDR (Harbor Point Sub) South: PUD -C Charter School CG West: PUD -C Funeral Home CG Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: 14.5 acres Vacant EauGallie & Oldsmar (4) Vegetation: Scrub pines, oaks, and palms. Tree survey has been provided with site plan. (5) Flood Hazard: (6) Water Service: 2 Zone X Indian River County Utilities M 10. (7) Sanitary Sewer Service (8) Parks: (9) Police/Fire: Indian River County Utilities Riverview Park -1.5 miles Barber St. Fire Station - 1.5 miles Sebastian PD - 2 miles Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent e. Coastal Management: n/a f. Conservation: consistent g. Recreation and Open Space: consistent Contents of Preliminary Plat: a. name of subdivision: The Pointe at Chesser's Gap b. vicinity sketch: provided C. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation provided — 8/17/07 f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mortgage holder: final plat info L statement that they will join in the dedication: final plat info j. name, address, and registration number of engineer: provided as listed above k. name, address, and registration number of surveyor: provided as listed above 3 I. name of adjacent subdivisions, if any, including plat book and page number reference: provided M. names of owners of record of adjacent acreage: in file n. contour map including a perimeter strip up to 150 feet in width. Aerial provided - o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided P. name, alignment 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 (street names will be coordinated with city staff and will be presented on final plat). 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: n/a 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 4 11 aa. block perimeter returns at block corners or other block line intersection: provided Required Supplemental Information a. existing land use policy and proposed policy changes: provided and none b. on-site wastewater disposal data: provided — IRC Utilities permit will be needed before subdivision construction can begin C. surface water management plan: provided — a copy of the SJRWMD permit has been received d. traffic impact analysis: provided — City staff and IRC Traffic Engineering Dept have reviewed and approved the updated study dated October 2008. A south -bound left turn lane on Fleming Street into the subdivision will be required. e. required park land and/or facility improvements: provided f. required potable water improvements: provided g. required wastewater improvements: provided h. erosion and sedimentation control improvements: provided I. 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: n/a 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 5 xxi. monuments: provided xxii. commercial and industrial subdivisions: n/a xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: n/a 12. Fee paid: Conditional use permit, preliminary plat, and site plan application fees have been paid. 13. Other Preliminary Plat Matters: The preliminary plat meets the dimensional requirements of the townhouse development regulations in the RM -8 zoning district as follows: a. Minimum lot size (prior to platting): 1 acre site is 14.5 acres b. Minimum interior lot size within the site: 1,875 SF minimum provided 1,875 SF c. Minimum interior lot width: d. Minimum interior lot depth 25 feet minimum provided 25 feet 75 feet minimum provided 75 feet e. Special regulations: Special regulations as required in LDC Section 54- 2-5.2.4(e)(8) for townhouse development regarding access for each unit, unified control (ownership of property to be platted), construction development standards, and common open space (private deed restrictions) have been provided and reviewed through the plat and site plan information. 14. City Engineer's review: The preliminary plat and site plan was reviewed, and all issues identified by the City Engineer have been resolved. 15. Other Matters: Currently, the applicant's warranty deed shows ownership of 15.78 acres. The survey reflects an existing retention pond to be relocated to the center of the multi -family units. Once the stormwater area has been relocated, a portion of the pond, 1.28 acres, will be deeded back to the Chesser's Gap PUD POA (Property Owners Association) bringing the total residential acreage to the allowable 14.5 acres. The existing retention pond (and hence the relocated pond) is included in the master stormwater system designed and constructed for build -out of the total 58 acres of the PUD. An Environmental Impact Report was submitted with the application and updated September 2007 and October 2008. It was reviewed by the Environmental Planner and approved for its contents, methodology, and findings. She recommends the following conditions prior to construction activity: a) Proper demolition permits should be received from the Building Department and Environmental Health Department for the existing structures on site with regards to the abandonment of the septic systems, lead and asbestos reports, and proper abatement of the buildings which were built prior to 1978. b) All soil erosion control measurements and best management practices should be in place before landclearing and inspected by the city environmental planner. c) If no construction activity occurs within six months from final approval of the plat and site plan, an updated environmental, report will be required prior to landclearing permit issuance. In July 2008 an interlocal agreement with Indian River County and the School District was finalized, making it mandatory that all residential projects which are not defined as exempt, must receive a School Concurrency Availability Determination Letter (SCADL) from the School District before they receive approvals. This process will determine if the schools within the new subdivision's district will be able to accommodate the students projected to be generated from the project. A SCADL was received on December 22, 2008 determining that the SSAB (School Service Area Boundary) for Sebastian does have sufficient space for students from this project. 16. Conclusion: As proposed, The Pointe at Chesser's Gap 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, with conditions as noted in Staff Recommendation. 17. Recommendation: Staff recommends that City Council approve the preliminary plat for The Pointe at Chesser's Gap with the following condition: 1) 1.28 acres of the relocated stormwater pond shall be deeded back to the Chesser's Gap PUD POA after construction of said stormwater pond, and before final platting of the Pointe of Chesser's Gap Subdivision occurs. PREPARED BY DOE ' PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARINGS — CONDITIONAL USE PERMITS — MODEL HOME RENEWALS: 1. 1473 Barber St. — CEMCO 2. 100 & 102 Carlisle Way — Burgoon Berger Construction Corp. Mr. Paul opened the hearing and swore in staff and anyone to speak. Ms. Bosworth reviewed both applications and suggested the commission make two separate motions. There have been no code enforcement violations at the CEMCO site. It meets all requirements and staff recommends approval. The other two model homes are in the Sebastian Crossing subdivision off CR 512. There have been some concerns with their off premise signs however, they have now gotten back on track with what is allowed by code. Staff also recommends approval of these model home renewals. Damien Gilliams called out from the audience inquiring about general public input. Mr. Paul said each quasi-judicial hearing on the agenda allows for public input on those particular items. There were no other comments from the public. The commission had no questions or concerns. MOTION by Morrison/Buchanan to approve the conditional use permits for a one-year period for CEMCO at 1473 Barber Street and Burgoon Berger at 100 & 102 Carlisle Way. ROLL CALL: Mr. Mahoney yes Mr. Morrison yes Mr. Buchanan yes Mr. Cardinale yes Mr. Paul yes The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING — CONDITIONAL USE PERMIT — RESIDENTIAL DEVELOPMENT IN A COMMERCIAL PUD — THE POINTE AT 10 CHESSER'S GAP TOWNHOUSES — FLEMING STREET Mr. Paul opened the hearing and asked for any ex parte communication. He mentioned that one of the presenters, Todd Howder, is his neighbor. Mr. Paul swore in all that were to speak. Doug Vitunac, attorney for Richard Jones, presented the application. He explained that the residential use would be less intrusive to the neighborhoods than the commercial use currently allowed. Ms. Bosworth explained the specific criteria for conditional use. Staff recommends approval with the condition that the 1.23 acres be deeded back to the Chesser's Gap POA after construction and before final platting. The commissioners asked questions about scrub jays, traffic, and site conditions. No one spoke in favor of the project. The following were opposed: Bruce Lee, 103 Harbor Point Dr. Maureen Mathewson, 108 Harbor Point Dr. Patricia Keller, Collier Creek Estates Larry Ferrie, Harbor Point Drive PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 Robert Johnson, Easy Street Eleanor Lee, 103 Harbor Point Dr. Damien Gilliams, 1623 U.S. 1 Mr. Vitunac offered rebuttal of the public comments and read case law as it relates to conditional use permit approval. Mr. Howder reviewed the traffic study and sewage calculations. MOTION by Morrison/Buchanan to approve the conditional use permit for residential development in a commercial PUD by The Pointe at Chesser's Gap Townhouses with the condition noted in the staff report. ROLL CALL: Mr. Paul yes Mr. Mahoney yes Mr. Cardinale yes Mr. Buchanan yes Mr. Keough yes The vote was 5-0. Motion passed unanimously. There was a five minute break. The meeting resumed at 9:00 p.m. and all commissioners were present. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — SITE PLAN — Nk THE POINTE AT CHESSER'S GAP TOWNHOUSES — FLEMING STREET — CHESSER'S GAP, LLC — PUD -C ZONING DISTRICT PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — PRELIMINARY PLAT — THE POINTE AT CHESSER'S GAP SUBDIVISION — 14.5 ACRES —116 UNITS Mr. Paul opened the hearing and swore in staff and all wishing to speak. Ms. Bosworth asked that the site plan and preliminary plat be reviewed together however; the commission should make separate motions for recommendation to city council. She then went over the staff reports and recommendations. She reviewed the conditions for approval. Todd Howder, MBV Engineering, said no residential buildings would abut the crematorium at Seawinds. The commissioners discussed building colors, traffic and school bus route. MOTION by Morrison/Mahoney to recommend city council approve the site plan for The Pointe at Chesser's Gap Townhouses, Fleming Street with the conditions noted in the staff report. ROLL CALL: Mr. Buchanan yes Mr. Cardinale yes Mr. Morrison yes Mr. Paul yes Mr. Mahoney yes The vote was 5-0. Motion passed unanimously. MOTION by Morrison/Mahoney to recommend city council approve the preliminary plat for The Pointe at Chesser's Gap subdivision on 14.5 acres for 116 units with the conditions noted in the staff report. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 ROLL CALL: Mr. Morrison yes Mr. Mahoney yes Mr. Buchanan yes Mr. Paul yes Mr. Cardinale yes The vote was 5-0. Motion passed unanimously. CHAIRMAN MATTERS: Mr. Paul, as a representative of the Rotary Club, asked Ms. Grohall about the area around the Rotary Club's pier being in need of cleaning out. She said there are very specific state guidelines and they would be available to set time aside to speak with him. Mr. Paul asked about commissioners' ability to enter a property that has an application pending. Mr. Stringer said it is not standard procedure as accessory structures are generally being added to a residence and should be addressed on a case by case issue. Mr. Paul asked about the status of the Captain and the Cowboy site work. He then noted it was his pleasure working with Mr. Allocco and wished him well in his future endeavors. MEMBERS MATTERS: Mr. Mahoney read a personal commentary regarding issues that have come under public scrutiny. Mr. Cardinale agreed with Mr. Paul about Mr. Allocco. Mr. Morrison asked that Mr. Gilliams be allowed to address the commission. Damien Gilliams, 1623 U.S. 1, Sebastian, thanked Mr. Morrison for recognizing him. He commented that the agenda does not have a public input segment and thought it should. He mentioned he was looking to develop another marina on Indian River Drive and asked if parking, drainage and landscape be required. Ms. Bosworth said yes. He commented he was not in favor of the outcome of Mr. Allocco's removal from the board. He asked about the status of the resolution for electrifying his docks. Mr. Stringer said he is working on a total resolution rather than a "piece -meal". Mr. Morrison expressed his opinion of the city council and Mr. Allocco's removal. DIRECTOR MATTERS: Ms. Grohall informed the commission that Mr. Keough's term expires November 1 and he sept an e-mail stating he would not be seeking another term. The city will be soliciting applications for planning and zoning board members. ATTORNEY MATTERS: In answering Mr. Paul, Mr. Stringer said they are not only legislative but also judicial in their functions and cautioned them that some public comment could compromise the commission's decisions in the future. Mr. Paul asked staff about having agenda items in the back of the room for review and Ms. Bosworth said it is scanned and available through the website. Also, the notices have a statement regarding where and when packet information can be viewed. Mr. Paul adjourned the meeting at 9:48 p.m. 4 (10/8/07 sbl) cA/02/2007 16:33 7723888248 CITY OF SEBASTIAN PAGE 08/12 Pernik Application No. S T - City of Sebastian I,NAFOF C[LIGNISIMIO Development Order Application Applicant if not owner, written authorization (notarized) from owner is required) Name: Nmievs OcaW� - Mr, Kc lyd r. Address: fi�tt'' I uYl (. Y f E -Mail: — rQ `I T L q - 14211 Phone Number. (nt tL—II I ,121 D FAX Number. (rel ) �4 E -Mail: 0-ord ie,C-GM Owner If dlfferentfrom applicant) Name: I Address: Phone Number: ( ) - FAX Number: ( ) E -Mail: Tdle of permit or action requested: v PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYSi, DFjAwING$, ETC. SHALL BE ATTACHED ANO 8-1)7: BY: .11' COPIES OF ANY ATTACHMENTS - SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A Project Name (if applicable): /j ?fsGap B. Site Inforination Address: - Lot Block: Unit: Subdivision: fIsI Indian River County Parcel #: - Zoning Classification:. Future Land Use: Existing Use: Proposed Use: Pub 111 I A► u t'.11 1' . �,,� S I .�' 1 DATE RECEIVED:' /3� / �% FEE PAID: 1.00. tib RECEIVED IN 04/02/2007 16:33 7723888248 CITY OF SEBASTIAN . PAGE 09/12 Permit Application No. D. Pro'ect Pe onne1. Agent: Name: Address Phone Number. ( ) - FAX Number: ( ) E -Mail' Attorney: MIA Name: Address Phone Number. ( ) - FAX Number. ( ) E -Mail: an ineerc Y Wl - Name:ffiV t� Address Z46 >-1 C f L 5 Phone Number. (1-0' a-cq : LrceFFAX Number, (� ) 77g- � j E -Mail: 'essiccl hoJy\iJVe •corn Surveyor- fflf. SAOO Name: it Ian hul . ( lar. enc Address A-111 wimdiv Z 2 ve cut, 3A U Phone, Number -,(-,72) 7qq -1213 FAXNumber.. €-Mail: BEING FIRST DULY.$WORN, DEPOSE AND SAY THAT: \)( I AM THE OWNER _ 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS -THE SUBJECT MATTER OF THIS APPLI AND THAT ALL THE INFORMATJON, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE A URA H T BEST OF MY KNOWLEDGE AND BELIEF, -a.2 cs7 SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED ' AS IDENTIFICATION, THIS DAY OF - NOTARY'S SIGNATURE ' PRINTED NAME OF NOTARY COMMISSION NoaE%PIRATION - SEAL: 4p.00 PetrMJe A Cordia g < MY Comminaiorn DD320448 W M1d'f ExOMS June 14, 2u0a 04/02/2007 16:33 7723888248 CITY OF SEBASTIAN PAGE 10/12 Permit Application No, The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use, permits, special use permita, variances, , exceptions, and appeals. I/WE, THE OWNERS) I _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PRERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE A 1 BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEVe4HE-PROPER CONNECTION WITH MY/OUR PENDING APPLICATION. UVVE HEREBY WAIVE. ANY OBJECTION OR DEFENSE ME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL'OR SUB$'TANTIVE DUE PROCESS RIGHTSUNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS VER AND ONSENT IS BEING SIGNED BY MENS VOLUNTARILY AND NOT A$ A RESULT OF ANY COERCION APPLIED, OR R�ISEE, BYPJ �PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CRY OF SESASTIAN, . SIGNATURE DATE Swom to and Subscribed before me b wFo is personally known to me or produced' as Me n is Ion, Is ay of 20_ Notary's Signature Printed Name of Notary' Commission NoJExpirabon a Seal: �.'� gN Patricia A Conye y yI My Commission DD320448 4M n Expires June 14, 2008 04/02/2007 16:33 7723888248 CITY OF SEBASTIAN PAGE 11/12 W 4T Ur r6LilH]X 0 14V Permit Application No. Supplemental Information Preliminary Plat Approval 1. The following information is required on all preliminary plats: . a. A vicinity sketch showing the location of the boundary lines and distance of the land proposed for the subdivision in reference to other areas of the city. /b. A north arrow, graphic scale, and date of preparation. c. The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. d. The names, alignment, and width of all existing and proposed streets, alleys, rights-of-way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right-of-way width., street or pavement width, and established center line elevation. Existing streets shall be dimensioned to tract boundary. e. All existing and proposed property lines, easements and rights-of-way, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks. J f. Access points to collector and arterial streets showing their compliance to / access requirements. ✓/ g. All existing drainage facilities. J h. Existing and proposed utilities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract, The preliminary plat shall contain a statement that all utilities are available and have been coordinated with the required utility departments. t. Site for proposed parks, recreational areas and schools. ✓ j. The location of any temporary structures or permanent structures having a temporary use_ k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. I. Permanent reference markers shall be shown. 04/02/2007 16:33 7723888248 CITY OF SEBASTIAN f'AUt ilii[ Permit Application No. /2. Attached the following: J/a_ Six copies of the preliminary plat. (Two sets must be sealed.) b. The name, address and telephone number of the mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such that they will join in the dedication of the proposed subdivision. �c. A surface water drainage facilities plan certified by an engineer registered in the State of Florida. d. A land survey with complete legal description prepared and certified by a registered surveyor. \ J e. A traffic impact analysis, if required. (AD b P' VVO'C6 L�M ftp} /f. An erosion/sedimentation control plan. g. A contour map showing ground elevations at intervals of not more than one foot of the area to be subdivided and of a perimeter strip at least fifty (50) / feet and up to one hundred and fifty (150) feet in width around the area. ✓ h. A statement concerning required potable water improvements, wastewater improvements or on-site wastewater disposal data. 4i_ A Schedule for multiple phases, if appropriate. j. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered.