HomeMy WebLinkAbout2009 01 28 - Approval of The Pointe at Chessers Gapan OF
STAN
Y
HOME OF PELICAN ISLAND
City of Sebastian, Florida
Subject: Resolution R-09-04 approving a Agenda No. 09, Oag
Site Plan for The Pointe at Chessers Gap (a
townhouse development) within the
Chesser's Gap Commercial PUD
Submittal by: City Manager
Department Origin: Growth Managemenit
Purchasing/Contracting:
Finance Directo
City Attorney:
City Clerk:
Date Submitted: January 22, 2009
For Agenda of. January 28, 2009
Exhibits: R-09-04, Staff Report, Traffic Impact Analysis approval letter, School Concurrency Availability
Determination Letter (SCADL), SJRWMD Maintenance Correspondence, P & Z Minutes, Application.
Under Separate Cover: Site Plan (Exhibit D), Floor Plans and Building Elevations (E), Lighting Plan
(F), Traffilc Impact Analysis Report (G), Environmental Report (H), SJR WMD Permit (I)
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None
None I None
SUMMARY
MBV Engineering, Inc., on behalf of Mr. Richard Jones of Chesser's Gap, LLC has filed a site plan application
for The Pointe at Chessers Gap, a townhouse development, to be located on a 14.5 acre tract within the Chesser's
Gap Commercial PUD. Because the project is located within a PUD, the site plan requires City Council
approval. The site plan should be given consideration that it is in accordance with, or that it meets the intention
of the previously approved revised conceptual plan for the PUD development.
The proposed development, located on Fleming Street across from the Wave Street intersection, is for
construction of 116 units in 18 residential buildings together with associated parking, water and sewer service,
drainage, and landscaping.
The Planning and Zoning Commission at their regular meeting on Thursday, October 4", 2007, recommended
approval of the site plan with conditions.
Because of the length of time between the Planning and Zoning Commission's hearing and City Council's
review, staff requested that the Traffic Impact Analysis and Environmental Report be updated and again
reviewed. Also, based on the interlocal agreement with Indian River County and the School Board, finalized in
July 2008, a School Concurrency Availability Determination Letter (SCADL) was required, which is now
mandatory for all residential projects in the county.
RECOMMENDED ACTION
Conduct quasi-judicial public hearing, and move to approve Resolution R-09-04, approving the site plan for The
Pointe at Chessers Gap with three conditions.
cm or
SEBASTIM
�r
HOME Of PELICAN ISLAND
Growth Management Department
Site Plan — Staff Report
1. Project Name: The Pointe at Chesser's Gap Townhouses
2. Requested Action: Site plan approval for an 116 -unit townhouse development
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 Enpgineering, Inc.
2455 14 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
a. Narrative of proposed action: MBV Engineering, Inc., on behalf of
Chesser's Gap, LLC, has filed for preliminary plat approval for a 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
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
d. Site Characteristics
(1)
Total Acreage:
14.5 acres
(2)
Current Land Use(s):
vacant
(3)
Soil:
EauGallie & Oldsmar
(4)
Vegetation:
Scrub pines, oaks, and palms
Tree survey has been provided
(5)
Flood Hazard:
Zone X
(6)
Water Service:
Indian River County Utilities
(7)
Sanitary Sewer Service:
Indian River County Utilities
(8)
Parks:
Riverview park — 1.5 miles
(9)
Police/Fire:
Barber St Fire Station — 1.5 miles
Sebastian PD - 2 miles
2
9. 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
10. Contents of Site Plan:
a. lot configuration: provided
b. finished ground floor elevation: proposed — 25.00' to 25.70'
each unit is 18" above crown of pavement, as required
C. contours and designating number of dwelling units:
Maximum density allows 8 units per acre
43,560 SF - 8 = 5,445 SF per living unit
631,620 SF(project) - 5,445 SF = 116 units allowed
116 units proposed
d. square footage of site: 14.5 acres = 631,620 SF
e. building coverage: proposed — 137,672 SF = 21.8% (40% maximum)
f. square footage of paved areas and open area:
Buildings, sidewalks and
pavement: 290,669 SF = 46.0%
Open space 341,075 SF = 54.0% (50% minimum)
g. setbacks: provided (Townhouse Standards)
Required Proposed
Front (Fleming Street) 25' 40' (minimum)
Side (North property line) 10' 40' to 45'
Between Buildings 15' 30' (minimum)
3
h. scaled drawings of the sides, front and rear of the buildings or
structures: provided
i. generalized floor plan indicating uses and square footage of each
proposed use within each building or structure: provided
j. Building exterior construction materials and color: Based on
previous resolutions approving subdivisions a "non -monotonous" color
scheme for the outside building colors is required.
k. building height: allowed: 35'
proposed: 31.3'
I. location and character of all outside facilities for waste disposal,
storage areas, or display: provided - none
M. location and dimensions of all curb cuts and driveways: provided
n. number of spaces with their location and dimensions: provided
Required Proposed
Residential 232 232
2 spaces/dwelling unit (116)
located in driveways
o. details of off-street parking and loading areas (including
requirements of Article XV): N/A
P. all off-street vehicular surfaces available for maneuvering: provided
q. surface materials: provided
r. number of employees: N/A
S. type of vehicles owned by the establishment: N/A
t. If there is a combined off-street parking facility, required
agreements: N/A
U. Location of all pedestrian walks, malls, yards and open spaces:
provided — Developer has also agreed to extend the existing Fleming
Street sidewalk on west side of road to southern boundary area, including
crosswalks at subdivision entrance
V. location, size, character, and height or orientation of all signs:
provided
4
W. location and character of landscaped areas and recreation areas:
provided
X. location, design and character of all public, semi-public, or private
utilities: provided
Y. location, height and general character of perimeter or ornamental
walls, fences, landscaping: provided — see landscape sheet
Z. surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided — copy of
SJRWMD permit has been received
aa. location of existing easements and right-of-way: provided
bb. Land survey with complete legal description prepared and certified
by a registered surveyor: provided
CC. Verified statement showing each and every individual person having
a legal and/or equitable ownership interest in the subject property:
provided
11. Site location and character of use: provided
12. Appearance site and structures:
a. harmonious overall design: yes
b. location and screening of mechanical equipment, utility hardware
and waste storage areas: N/A
C. commercial and industrial activities conducted in enclosed
buildings: N/A
d. exterior lighting: provided — location of decorative light poles
indicated on site plan sheet and separate lighting plan
13. Access, internal circulation, off-street parking and other traffic impacts:
a. internal circulation system design and access/egress
considerations: provided
b. separation of vehicular and pedestrian areas: provided
14. Traffic impacts: provided - City staff and IRC Traffic Engineering Dept have
reviewed and approved the updated study dated October 2008 study. A south-
bound left turn lane on Fleming Street into the subdivision will be required.
M
15. Open space and landscape (including the requirements of Article XIV):
a. Name, address and phone number of the owner and designer:
provided
b. North arrow, scale and date, minimum scale of one inch equals fifty
(50) feet: provided
C. Property lines, easements, and right-of-way with internal and property
line dimensions: provided
d. Location of existing or proposed utility service: provided
e. Location and size of any existing or proposed structures: provided
f. Location and size of any existing or proposed site features, such as
earthen mounds, swales, walls and water areas: provided
g. Location and size of any existing or proposed vehicular use area:
provided
h. Location and size of any existing or proposed sidewalks, curbs, and
wheel stops: provided
L Location of sprinkler heads, hose bibs, or quick cupplers and other
information on irrigation: Detailed irrigation plan has been submitted to
staff and will be submitted to the building department for irrigation system
permits.
j. Calculations of required type, dimensions and square footage of
landscape materials and of required landscape areas, including: total
site area, parking area, other vehicular use area, percentage of non-
vehicular open space, perimeter and interior landscape strips, and
required number of trees: provided
k. Location of required landscape areas and dimensions: provided
Location, name, height and size of all existing plant material to be
retained: provided - tree survey has been provided and the site plan
has been overlaid to identify trees to be preserved.
M. Location, size, height and description of all landscape material
including name, quantity, quality, spacing, and specified size and
specification of all plant materials: provided
n. Height, width, type, material and location of all barriers of nonliving
material: none proposed
2
o. Location, dimensions and area of landscaping for freestanding signs:
provided
Show all landscaping, buildings, or other improvements on adjacent
property within five (5) feet of the common property line: not provided
16. Required screening of abutting residential and nonresidential uses: In
order to maintain stability of residential areas, multiple -family development
abutting single-family residential districts shall provide a wall, fence, landscaped
earth berm, planted vegetation, or existing vegetation, or any combination
thereof so as to provide a continuous 90% opaque solid screen not less than five
feet in height to form a continuous screen along such abutting property lines
(Type "A" Opaque Screen).
Since this multi -family project abuts a residential district, the perimeter landscape
strip along the east property line must provide a Type "A" landscape buffer. This
will be provided by newly -planted vegetation consisting of proposed canopy trees
and Oleander understory bushes. A portion of the master stormwater system and
existing landscaping between the townhouse property line and PUD boundaries
will also offer additional buffering.
17. Flood prone land and wetland preservation: Existing wetland areas are to
be filled as allowed by the SJRWMD permit. The size of the wetland areas did
not require off-site mitigation.
18:
Surface water management:
provided
19:
Available potable water: Indian
River County Utilities
20: Wastewater service: Indian River County Utilities
21: Soil erosion, sedimentation control and estuary protection: provided
22: Additional considerations: Environmental Health Department, Indian River
County Utilities, IRC Fire Department, and the Building Department have
reviewed the site plan also. All comments have addressed.
23. City Engineer's review: Engineering comments have been addressed.
24. 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.
Residential development within a commercial PUD is allowed as a conditional
use. Per Section 54-2-5.12(f), the Planning and Zoning Commission, with
regards to Article IV, held a quasi-judicial hearing on October 4, 2007, to
determine if the proposed development met all conditions, criteria, and
provisions as required. The following was considered:
Required Findings:
a. Be so designed, located, and proposed to be operated so that the
public health, safety and welfare will be protected. The residential
use will not adversely affect the public health, safety and welfare of the
surrounding community. The multi -family development will create a
transition zone between the abutting single-family areas and the existing
commercial uses.
b. Does not present an unduly adverse effect upon other properties in
the impacted area in which it is located. The proposed use is
consistent with the intent of the surrounding zoning district and does not
present an unduly adverse effect upon other properties in the impacted
area. Property values and use of private property should not be
diminished.
C. The scale, intensity and operation of the use shall not generate
unreasonable noise, traffic, congestion or other potential nuisances
or hazards to contiguous residential properties. The proposed
residential use should not generate unreasonable hazards or nuisances
to surrounding properties. Traffic on residential streets may be increased
but not enough to increase levels of service. A Traffic Impact Analysis
was completed and warranted an improvement to Fleming Street
consisting of a south -bound left turn lane at the subdivision entrance.
d. Conforms to all applicable provisions of the district in which the use
is to be located. The proposed use is consistent with the provisions of
the PUD -C, CG, and RM -8 Townhouse regulations.
e. Satisfies specific criteria stipulated for the respective conditional
use described in subsection 54-2-5.12(f)(1):
1) Residential development shall be allowed along the perimeter boundaries
of the proposed development as a buffer from adjacent off --site residential
developments as well as from undeveloped adjacent areas off site which
are zoned for residential development. The proposed site is along the
eastern and northern perimeter boundaries exclusive of the PUD's
master stormwater areas.
2) The total land area proposed for residential development shall not exceed
25% of the total land area of the proposed PUD(C) site. Chesser's Gap
Commercial PUD is 58 acres. The proposed residential development is
14.5 acres, which is 25% of the total acreage.
8
3) The maximum density shall not exceed eight dwelling units per acre.
Maximum density for 14.5 acres at eight units per acre is 116 units, which
is the number of units proposed.
4) Residential structure types shall be compatible with surrounding
residential development. See attached floor plans and architectural
elevations.
5) A minimum of 50% of the total land area proposed for residential
development shall be preserved as open space. The site plan proposes
7.83 acres, or 54%, for open space.
f. Consistent with the Code of Ordinances and Comprehensive Plan.
The proposed residential development is consistent with the Code of
Ordinances regulations and Comprehensive Plan elements.
The Planning and Zoning Commission, by a vote of 5-0, approved the conditional
use permit for The Pointe at Chessers Gap Subdivision with one condition, that
1.28 acres of the relocated stormwater pond be deeded back to the Chesser's
Gap PUD POA.
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
9
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.
25. Conclusion: The proposed townhouse development is consistent with the
Comprehensive Plan, the Land Development Code, and PUD regulations, with
conditions as noted in staff recommendation.
26. Recommendation: Staff recommends that City Council approve the site plan for
The Pointe at Chesser's Gap with the following conditions:
1) 1.23 acres of the relocated stormwater pond shall be deeded back to the
Chesser's Gap POA after construction of said stormwater pond, and before final
platting of the Pointe of Chesser's Gap Subdivision occurs.
2) A "non -monotonous" color scheme for the outside building colors is required and
must be approved by the Growth Management Director.
3) The off-site sidewalk along the west side of Fleming Street must be completed
before a Certificate of Occupancy for any of the townhouse buildings can be
issued.
&P i I as oq
PREPARED BY DATE '
10
Page 1 of 1
Dorri Bosworth
From: Rebecca Grohall
Sent: Friday, January 09, 2009 10:30 AM
To: Dorri Bosworth
Subject: FW: Chesser's Gap Multi -Family Project - Fleming Street
From] ese mai j
nt: Tuesday, December 09, 2008 9:36 AM
30. a ecca �ronan
Subject: Chesser s Gap Multi -Family Project - Fleming Street
Public Works Department staff reviewed and approved the traffic impact study for the subject
project. Based on results of the traffic impact study, a southbound left -turn lane is required on
Fleming Street at the project entrance.
Jeanne Bresett, Traffic Analyst
Indian River County Public Works Department
Traffic Engineering Division
1801 27th Street
Vero Beach, FL 32960
PH: (772) 226-1326
Email: djbresett@ircgov.com
1/9/2009
Fage 1 of 2
Dorri Bosworth
From:
Rebecca Grohall
Sent:
Friday, September 28, 2007 10:13 AM
To:
Dorri Bosworth
Subject: FW: Chesser's Gap Traffic Study - City of Sebastian Project
From: Jeanne Bres te{1}br®s ircgov.com]
icy, September 27, 2007 11:1 M
To3-R:ebeer� 6rettaN
Cc: aaronb@mbveng.com; toddh@mbveng.com
Subject: RE: Chesser's Gap Traffic Study - City of Sebastian Project
Indian River County Traffic Engineering staff approved the traffic impact study on September 13, 2007. A
southbound left -turn lane on Fleming Street at the project entrance is required. Based on Figure 5 —Total
Driveway Volumes in the traffic study, the proposed entrance will align with Wave Street to form a four-way
intersection.
If you have any questions, please contact me.
Jeanne Bresett, Traffic Analyst
Indian River County Public Works Department
Traffic Engineering Division
From: Jeanne Bresett [mailto:djbresett@ircgov.com]
Sent: Friday, September 07, 2007 4:53 PM
To: Adrian.Dabkowski@Kimley-Hom.com
Cc: Dorri Bosworth; Rebecca Grohall
Subject: Chesser's Gap Traffic Study - City of Sebastian Project
All prior review comments have been addressed; however, we need a Traffic Impact Study Executive Summary.
Once I receive the summary, I will forward to Chris Mora for final approval of the traffic impact study.
Based on results of the traffic impact study, a southbound left -turn lane is required on Fleming Street at the
project entrance. Traffic Engineering staff request review of the construction plans for the aforementioned offsite
improvement.
If you have any questions, please contact me.
Jeanne Bresett, Traffic Analyst
Indian River County Public Works Department
Traffic Engineering Division
1840 25th Street
Vero Beach, FL 32960
PH: (772) 226-1326
Fax: (772) 778-9391
Friday, December 19, 2008
Indian River County School District
School Concurrency Availability Determination
Project Name:
Pointe at Chesser Gap
Date Received:
12/15/2008
Case Number:
Vested
Demand
Builder Name:
MBV Engineering Inc.
Location:
NE Corner of Wave Street and
637
S Fleming Street
Project Planned Units
# Single Family: 0 # Multi -Family: 0
# Townhomes: 116 # Apartments: 0
Additional Tax ID# 31-38-13-00008-0000-00005.0
Information:
2455 14th Avenue
Vero Beach, FL 32960
Service Area Analvsis
Project Unit Yield By Type of School
Yield Elem Mid High
Town Homes 0.189 22
Town Homes 0.123 14
Town Homes 0.097 11
School Service Area
Boundary (SSAB)
Current
Capacity
Programmed
I Capacity
Total
Capacity
Current
Enrollment
Vested
Demand
Total
I Demand
Available
Capacity
Project
I Demand
Sebastian ES
637
0
637
538
0
538
99
22
Sebastian MS
1082
59
1141
1388
0
1388
-247
11
Sebastian HIS
1933
142
2075
1966
0
1966
109
14
letter is in response to a Concurrency Determination Request for Subdivision:
Pointe at Chesser's Gap.
subdivision is located School Service Area Boundary (SSAB) for:
Istian Elementary, Sebastian Middle, and Sebastian River High Schools.
e SSAB does have sufficient space available to accommodate the students projected
be generated from this subdivision.
RECEIVED
DEC 2 2 2009
P a z efowth mpt.
TiA@"MWFAived l
NOV 12 2008
1'& Z Growth Mgnt.
School Impact Analysis Form
Instructions: Submit one copy of completed application, location map, and applicable fee for each ne D roject
or building permit requiring a determination of school capacity to the applicable local government. 12
Conditional School Capacity Availability Determination DEC 15 2008 D
0 School Capacity Availability Determination
Type of Application Request: 0 Reouest for Exemption ey�j
Project Information
Project Name: 1 rl(�_ M
Municipality (if applicable):
Parcel ID#: (attach separate sheet for multiple parcels): M5.0
Location/Address of subject property: WE . --I I
(Attach vicinity location map —with Closest Major Intersection) S, F M4E I s 5
Ownership/Contact Information
Owner/Contract Purchaser Name(s): M6 'J�IChY fd . )f -fS --C.il n Wf ',-_� -B!R.� L.1_C.
Agent/Contact Person: NIISV I�
(If agent or contact information
Mailing address:
District will forward all information to that person)
Vao &'z:h. FL .:unu)
Telephone#: '172-5PQ— M35 Fax: 112' I38— 1-7
Development Information
Current Land Use
Designation
/1
CCA
Proposed Land Use
Designation
CCS
Current Zoning
uD_G
Proposed Zoning
ajl.1)—
Res I �r wn Rr_
utSE !ju ew�Q
SF:
gy
Ch1uA#i?avt/t`
Proposed # Dwelling units
TH: - T0WnyCgyeS
1
P y type*: I)
MF: (rental)
use eem�
Condo:
* Show only the # of units for this application not the total for the development
I hereby certify the statements and/or information contained in this application with any attachments submitted
herewith are true and correct est of my knowledge.
Owner or Agent Signature i Date
(If applicant is not the owner of record, aleer f authorization from the property owner(s) must be included with this
form at time of application submittal.)
Send Form to: fSEE ATTACHED LIST OF STAFF NAMES}
Indian River County (Outside of a City)
City of Fellsmere
City of Indian River Shores
City of Sebastian
115 . lJcrr'I ��' wD�+h
GRow Trt M&*r DePT.
City o f seed-sb tril
,S&ekSr7 A-wU FL- 3 ZIP(58
City of Vero Beach
For questions: Call
It -t, St. John.e ver t I
Water Management District
Kirby B. Green III, Executive Director - David W. Fisk, Assistant Executive Director - Mike Slayton, Deputy Executive Director
John Juilianna, Palm Bay Service Center Director, Regulatory
525 Community College Parkway S.E. i Palm Bay, FL 32909 - (321) 984-4940 `
On the Internet at www.sjrwmd.com.
August 16, 2006
Certified Mail No.: 7005 2570 0001 9890 6261 pN 1
Fischer Family Partnership
Attn: Dr. Henry Fischer
P.O. Box 780068
Sebastian, FL 32978
Re: Chesser's Gap
Permit No. 4-061-18771-2 (flk/a Permit No. 4-061-0111AM)
Please reference the permit number on all correspondence.
Dear Dr. Fischer:
On June 28, 2006, the District received an application for a modification to the above
referenced permit and associated surface water system. As part of the review process
for said application, District staff recently performed a site inspection to monitor the
status of the existing surface water management system for Chesser's Gap. Based on
this recent inspection, staff observed that many areas of the surface water management
system were not being properly maintained. Typically, maintenance of wet detention
ponds includes regular mowing of the side slopes and removal of nuisance vegetation
that may accumulate over time. Staff observed several areas of this project that were
severely overgrown with nuisance vegetation. This excess vegetation may be
preventing the surface water management system from properly functioning and could
lead to potential onsite flooding. Please ensure that the ponds are properly maintained
and that all nuisance, vegetation is removed within 30 days of receipt of this letter, and
notify the District in writing once said maintenance is performed.
As part of the recent review of the permit files for this .project, it appears that you never
requested to have this permit transferred to Chesser's Gap Subdivision Property
Owner's Association, Inc. Please be advised that until this permit is transferred to the
association, Fischer Family Partnership (f/k/a Sebastian General Partnership) will
remain responsible for the continued operation and maintenance of the surface water
management system serving this project. Once the wet ponds have been properly
maintained, you are encouraged to submit a letter requesting the permit transfer to the
association. Enclosed for your reference is the District's suggested language for
initiating said permit transfer.
R®VERNBNO BOAR®
David G. Graham,CHAIRUAN John G. SoWnski, VICE CMRMAN Ann T.Moore,sEcREreRY Duane L. Ottenstroer, TREASURER
JACKSONVILLE ORLANDO .BUNNELL JACKSONVILLE
R. Clay Albright Susan N. Hughes William W. Ken Ometrias D. Long W. Leonard Wood
OCALA PONTEVEDRA MELBOURNE BEACH APOPKA. FERNANDINA BEACH
Should you have any questions, please contact me at (321) 409-2119.
Sincerely,
Nathan Ottoson, Engineer II
Department of Water Resources
Enclosure: Suggested Language For Initiating Permit Transfer
CC: John Juilian Janice Ungej� PDS — VPC (Compliance # 527977)
Aaron Bowles, P.E. - MBV Engpineering, Inc.
2455 14t Avenue
Vero Beach, FL 32960
11/17/2006 11:25 772776"-'7 MBV ENGINEERING PAGE 02/02
t. Johns River
Water Management District
Kilby D. Green 116 Erecutln Director - Davld W Fisk, Assistant Execullve Director - Mike Slayton, Deputy Executive Director
John Juilianna, Palm Day Service Center Director, Regulatory
525 Community College Parkway S.E. • Palm Say, FL 32909 • (321) 984.4940
October 13, 2006 On the Intemet at www.Sjrwmd.com.
Certified Mail No.: 7006 0100 0002 4962 7763
Fischer Family Partnership
Attn: Dr. Henry Fischer I R;R(C7 VFD
P.O. Box 780068
Sebastian, FL 32978 0 C i 2 0 2006
Re: Chesser's Gap 13Y:J2&_'—JJ
Permit No. 4-061.18771-2 (f/k/a Permit No. 4-061 -0111 AM)
Please reference the Permit number on all correspondence.
Dear Dr. Fischer:
On October 13, 2006, District staff conducted a follow-up site inspection to determine
whether previously requested maintenance items had been addressed. Based on this
follow-up inspection, it does not appear that any maintenance or removal of nuisance
vegetation has occurred. As previously mentioned, staff observed several areas of this
project that were severely overgrown with vegetation. Specifically, District staff was unable
to inspect the outfall structure in the southeast wet detention pond due to the severe
overgrowth of vegetation. This excess vegetation may be preventing the surface water
management system from properly functioning and could lead to potential onsite flooding.
Please ensure that all stormwater ponds are properly maintained and that all nuisance
vegetation is removed within 30 days of receipt of this letter. Please notify the District in
writing once said maintenance is performed.
Please be advised that until this permit is transferred to the property owner's association,
Fischer Family Partnership (f/k/a Sebastian General Partnership) will remain responsible for
the continued operation and maintenance of the surface water management system serving
this project,
Sincerely,
Nathan Ottoson, Engineer II
Department of Water Resources
CC: John Juilianre Janice Ung PDS – VPC (Compliance # 527977)
Aaron Bowles, P.E. MEIV Engineering, Inc.
2455 14 Avenue
Vero Beach, FL 32960
GOVERNING BOARD
David G. Graham, C iRRAN John G• SOWIn9n. VICE CHAIRMAN Ann T MOOre, BEcRETARy Duane L Oiten;ttvar,'tREABURER
JA( SOWLLE DRANOO BUNNELL JACNBOMnl1E
R. Gley AlbrightSu6an N. Hughes WIIIIem W. Kerr Ometnes D. Long W. Leonard wood
OCALA, PONTEVEDRA MELnWRNE BEACH APoPNA FERNANDINAEEACH
�t. Johns River
Water Management District
Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director - Mike Slayton, Deputy Executive Director
John Juilianna, Palm Bay Service Center Director, Regulatory
525 Community College Parkway S.E. • Palm Bay, FL 32909 • (321) 984-4940
December 28, 2006
Certified Mail No.: 7005 2570 0001 9891 4310
Fischer Family Partnership, LLC
Attn: Dr. Henry Fischer
P.O. Box 780068
Sebastian, FL 32978
Re: Chesser's Gap
Permit No. 4-061-18771-2 (f/k/a Permit No. 4-061-0111AM)
Please reference the permit number on all correspondence.
Dear Dr. Fischer:
On December 28, 2006, District staff conducted a follow-up site inspection to monitor
the status of the ongoing maintenance of the surface water management system
serving the above referenced project. It appears that all nuisance vegetation within
the small pond to the south of Fleming Street has been removed. Your cooperation in
addressing this item is greatly appreciated.
As previously requested, the disturbed areas of the pond slopes should be stabilized
as soon as possible. Stabilization of the slopes with vegetative cover will help to
prevent erosion problems and unnecessary sediment accumulation within the ponds.
Additionally, the soil stabilization will also help to prevent potential state water quality
violations. For a project of this nature and size, please consider the use of sod or
"hydro -seed" for stabilization purposes. Please stabilize all disturbed areas of each
wet detention pond serving Chesser's Gap within 15 days of receipt of this letter. As
soon as you have addressed this issue, please notify the District so that staff may
conduct a follow-up site inspection.
Please note there is a wetland that is adjacent to the pond that is centrally located
within the current in-house application project area. The majority of this wetland was
cleared during the cleaning activities of the pond. Please do not place sod or grass
seed within the wetland in order to allow natural recruitment of wetland vegetation to
occur. The wetland area is visually staked in the field.
Once all pond slopes have achieved a healthy vegetative cover, the District will then
proceed with the permit transfer to the Chesser's Gap Subdivision Property Owner's
Association, Inc.
:GOVERNING BOARD
David G. Graham, ONAIRMWN John G. SovAnski, vice cHARMAN Ann T Moore, SECRETARY Duane L. Ottenshcer, TREASURER
JACKSONVILLE ORLANDO BUNNELL JACKSONVILLE
R. Clay Albright Susan N. Hughes William W. Kerr Omeblas D. Long W. Leonard Wood
OCALA PONTEVEDRA MEtBOURNEBEACH APOPKA FERNANDINA BEACH
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Feel free to contact me at (321) 409-2110, should you have any questions.
Sincerely,
Nathan Ottoson, Engineer II
Department of Water Resources
CC: PDS — VPC (Compliance # 527977)
John Juilianr�Tg
Janice Unger
Karen Garrett -Kraus
Karen Boles
Aaron Bowles, P.E. - MBV Enghineering, Inc.
245514 Avenue
Vero Beach, FL 32960
Rebecca Grohall - City of Sebastian
1225 Main Street
Sebastian, FL 32958
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:
1473 Barber St. — CEMCO
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
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
.2
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.
EkPUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — SITE PLAN —
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)
City of Sebastian
Development Order Application
Permit Application No.
Applicant (if not owner, written authorization (notarized) from owner is required)
Name:
Chesser's Gap, LLC - Mr. Richard S. Jones, Jr.
Address:
190 Congress Park Drive, Suite 180; Delra Beach, FL 33445
Phone Number: 561-274-4210 Fax Number: 561-274 4211
E -Mail: patcordieftaol.com
Owner if different from applicant)
Name:
Same as applicant
Address:
Phone Number: ) Fax Number: )
E -Mail:
Type of permit or action requested:
Site plan
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE
REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 112" x 11" COPIES OF
ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM,
A. Project's Name (if applicable):
Chesser's Gap Multi -Family
B. Site Information
Address:
699 Sebastian Blvd.
Lot: Block: Unit: Subdivision:
Chesser's Ga
Indian River County Parcel #: 31-38-13-00000-1000-00001.5
Zoning Classification: Future Land Use:
PUD-CIRM-8 P ��
Existing Use: Mrd, _ Proposed Use:-ro,dousE-Dj/tnL�✓texrr-
C. Description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary): Construction of 116 unit multi -family complez with
clubhouse, stormwater pond, and applicable utilities.
DATE RECEIVED: G��3�b4 FEE PAID: $(x•00 RECEIVED BY: r..�
ok-*-I `f(er
Form CD -2001
Pae 1 of 3
Development Application
A roved: 08-27-97
lRevisiow
File Name: DOA
D. Project Personnel:
Agent: N/A
Name:
Address:
Phone Number: Fax Number:
E -Mail:
Attorney: N/A
Name:
Address:
Phone Number. Fax Number:
E -Mail:
Engineer: Aaron J. Bowles, P.E.
Name:
MBV Engineering, Inc.
Address:
2455 14th Avenue, Vero Beach, FL 32960
Phone Number: 772-569-0035 lFax Number: 772-778-3617
E -Mail: mbveng@mbveng.com
Surveyor: Mr. Stuart Houston
Name:
Houston, Schulke, Bittle & Stoddard, Inc.
Address:
1717 Indian River Blvd., Suite 202C; Vero Beach, FL 32960
Phone Number: 772-794-1213 lFax Number: 772-794-1096
E -Mail:
I, Richard S. Jones Jr., BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: 1 AM THE OWNER X IAM THE
LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION
AR CCURATE AN TO THE B F MY KNOWLEDGE AND BELIEF.
i
406
Sig ature Dat
Sworn to and subscribed before me by Oft- d d s)
Who is personally known to me or produced
as identification, this 1 day of `)tA YID 200 (p
NOTARY'S SIGNATURE ., 11' slit ✓i
PRINTED NAME OF NOTARY _ 1* JEsslcgwawgNs
COMMISSION NO./EXPIRATION HAWNS
_ MY COMMISSION 0715
SEAL: F EXPIRES: October22,20DB
?.4LF:d`• BmIled Thu NNW RNC Uldlmlm
Form CD -2001 I Pa e 2 o -T3
I Develo ment Application
A roved: 08-27-97 Revision:
File Name: DOA
The following Is required for all comprehensive plan amendments, zoning amendments
(Inlcuding rezoning), site plans, conditions use permits, special use permits, variances,
exceptions, and appeals.
INVE, THE OWNERS) X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY
DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY
MEMBER OF THE Planning & Zoning BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE
BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE INVE MAY HAVE, DUE TO THE QUASI-JUDICIAL
NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR
VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR
SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES
CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY
COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF
THE CITY OF
•,�I�/�/��__ moi.
ature. �i • -
Sworn to and subscribed before me by &(M S joreS Jr
Who is, personally known to me or produced
as identification, this I F'• day of L�f I , 200 LP
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION JEsslcnlwwlaNs
SEAL: • d} MY COMMISSION NDO270715
"" •= EXPIRES: October 22,2006
'X,wiyd:' Bonded ilw NftyPbkUm.&tl
Form CD -2001 I Page 3 of 3
Development Application
A roved: 08-27-97 1 Revision:
File Name: DOA
Supplemental Information Permit Application No.
Site Plan Approval
X 1. Site size in acres or square foot:
15.78 ac.
X 2. Area of impervious surface in square foot:
269,420 SF
X 3. Area of pervious surface in square foot:
417,957 SF
X 4. Attached the following:
X a. Six copies site plan with lot configuration, finished ground floor elevations, contours
designating number of dwelling units, and setbacks to scale indicating compliance
regulations. (Two sets must be sealed.)
X b. A scaled drawings of the sides, front, and rear of the building or structure, generalized fl
plan indicating uses and square footage of each proposed use within each building
structure, building exterior construction material and color, and building height.
X c. A surface water drainage facilities plan certified by an engineer or architect registered in
State of Florida.
X d. A land survey with complete legal description prepared and certified by a
surveyor.
NIA e. A traffic impact analysis, if required.
X f. An erosion/sedimentation control plan.
X g. A copy of the landscape plan to meet the requirements of Article XIII,
Regulations, and Article XIV, Tree Protection, of the Land Development Code.
X h. A verified statement showing each and every individual person having a legal at
equitable ownership interest in the subject property except publicly held corporations wl
stock is traded on a nationally recognized stock exchange, in which case the name
address of the corporation and principal executive officers will be sufficient
Form CD -2019
I Pae 1 of 2
ISite Plan
A roved: 08-27-97
Revision:
IFile Name: Sisite I
X i. 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.
X 5. The following information is required on all site plans:
X a. Location of the site plan and describe the character of all outside facilities for
disposal, storage areas, or display.
X b. Locate on the site plan and show the dimensions of all curb cuts and driveways, inclw
the nubmer of spaced with their location and dimension, details of off-street parking
loading areas, all off-street vehicular surfaces available for maneuvering, surface mater
number of employees and number and type of vehicles owned by the establishment
combined off-street parking facilities shall be submitted with an agreement specifying
nature of the arrangement, its anticipated duration, and signatures of all concerned prop
owners.
X c. Locate on the site plan all pedestrian walks, and height or orientation of all signs.
X_d. Locate on the site plan and describe the character of landscaped areas and/or
areas.
X e. Locate on the site plan and describe the design and character of all public, semi-public,
private utilities such as water and wastewater disposal facilities, underground or overhe
electric lines, gas transmission lines, or other similar facilities or services.
X f. Locate on the site plan and describe the height and gernal character of perimeter
ornamental walls, fences, landscaping, including berms and other required screen
devised, and any other plans for protecting adjacent property owners.
X g. Locate on the site plan existing easements and rights-of-way.
Form CD -2019 I Page 1 of 2
ISite Plan
A roved: 08-27-97 JRevision:
File Name: Sisite I