HomeMy WebLinkAbout2007 07 19 - R-07-29CITY or
HOME OF PELICAN ISLAND
of
Florida
Subject: Resolution R-07-29 approvingI Agenda No. 07.150
Extension of Preliminary Plat for Gables at
Sebastian Subdivision (a townhouse
development).
Submittal by: City Manager
Department Origin: Growth Management'
Purchasing/Contracting:
Finance Director:
City Attorney:
City Clerk:
Date Submitted
For Agenda of:
July 19, 2007
July 25, 2007
Exhibits: R-07-29, Application, Letter of Request dated 6/7/07, R-0540, Preliminary Plat
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
fyi 0l7i/:\:3'J
On September 28, 2005, Resolution R-0540 was adopted approving the preliminary plat for Gables at Sebastian
Subdivision (a townhouse development). Subsequently, construction drawings were approved, and the land
clearing permit was issued. The final plat application has also been submitted, reviewed and awaits submittal of
the finalized documents.
For reasons stated in the attached letter from Bruce Barkett, dated June 7, 2007, Best Housing I, LLC, has
chosen to put the final plat process on hold, and is requesting an eighteen -month extension of the preliminary
plat. Also, they have agreed to convert their existing gopher tortoise "take" permit to a "relocation" permit, in
accordance with the City's policy.
For your additional information, the project consists of a 95 -unit townhouse development located on Main Street
between Powerline Road and Bob Circle. There will be 17 residential buildings and a clubhouse, 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 Main Street and one point of access on
Powerline Road. The preliminary plat reflects compliance with current RM -8 zoning townhouse requirements,
including minimum lot size, setback standards, open space requirements and all other dimensional criteria.
The site plan, as approved by the Planning and Zoning Commission, must also obtain an extension. That
request has been submitted and has been scheduled for the Planning and Zoning meeting of August 2, 2007.
RECOMMENDED ACTION
Conduct quasi-judicial public hearing.
"Move to approve Resolution R-07-29, Extension of Preliminary Plat for Gables at Sebastian.
Permit Application No.
NuT�N City of Sebastian
S EOFPEllCANSUND Develoament Order Annliratinn
Applicant If not owner, written authorization notarized from owner is required)
Name: gest Housing I, LLC
Address: 3608 Collanade Drive, Wellington, FL 33467
Phone Number: ( 305) 525 - 5663 FAX Number: ( 305 )234 - 0791
E -Mail: jmdiaz75@bellsouth.net
Owner If different from applicant)
Name: Same
Address:
Phone Number: ( ) FAX Number: ( )
E -Mail:
Title of permit or action requested: preliminary Plat Extension 18 months
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 8-1/2° BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable): The Gables at Sebastian
B. Site Information
Address: South
of Main St.,West of Powerline Rd., Sebastian
Lot: Block:
Unit: Subdivision:
Indian River County Parcel#: 31-38-01-00003-0000-000004.0
31-38-01-00000-7000-00001.0
Zoning Classification:
Future Land Use:
RM -8 N. A.
Existing Use:
Undeveloped Proposed Use: Multi -family dwellings
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
Request extension of PizQliminary plat for 18 months
i
DATE RECEIVED: G la(* FEE PAID: sD VO A RECEIVED BY: % t
Jzr>F ar:`y:�at -Pee,)
v
o:
N '-
,,
deceived
2y007
�ft'QeE.t�Gl'•
Permit Application No.
D. Project Personnel:
Agent:
Name: Schulke, Bittle & Stoddard,
LCC C/o
Joseph Schulke, P.E.
Address 1717 Indian River Blvd., Suite 201,
Vero Beach, FL
Phone Number: ( 772) 770 -9622
FAX Number:
( 772) 770 -9496
E -Mail: jschulke@sbsengineers.com
Attorney:
Name: Bruce Barkett
Address 756 Beachland Blvd., Vero
Beach, FL
32963
Phone Number: ( 772) 231 -4343
FAX Number:
( 772) 234 -5213
E -Mail: bbarkett@verolaw.com
Engineer:
Name: Same as Agent (above)
Address
Phone Number: ( )
FAX Number:
( )
E -Mail:
Surveyor: Zentz Land Survin
Name: William Zentz
Address 684 Old Dixie Highway Vero
Beach, FL 32962
Phone Number: (772 )567-7552
FAX Number:
(772 ) 1771
E -Mail: wbz@gate.net
1, Jose Schulke , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ I
AM THE LEGAL REPRES 1 ATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURAT D (((E HE BEST OF MY KNOWLEDGE AND BELIEF.
SIG ATU DAATE/�� �<vp
S ANDS IBED BEFORE ME BY�
ER WN TO ME OR PRODUCED
AS IDENTIFICATION, THIS P(�v DAY OF 709COrw�4
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY Upt iI A 4 0 -
COMMISSION NO./EXPIRATION tlaj (V7
SEAL:
�"""'� CHERRYL ANN OIBSON
'MY COMMISSWN kDD500828
A ptPptFS: Dcrecobv30.2009
18461NOTMV Fl. NamyOivumlAam Cn
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, _ THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staf f / P & Z
BOARD/COMMISSION OF THE CITY OF SEBASTIAN 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 I/WE 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 SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION ORTHE U TED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIV�RiaND 0 SENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED. OR
PROMISES MAD , BY /EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CIN SEBASTIAN
2 7
wno o me c
as ide tification, this day
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
R!ft
BRUCE M BARHETT
CALVIN B. BROWN
GEORGE G COLLINS. JR -
JANET CARNEV CROOMA
MICHAEL J. GARAVAGUA
AARON V. JOKKSON
RONALD HERR LAWN -
USA N. THOMPSON"'
G DOUGLAS VI NAC
BRUCE R. ABERNETHY JR, OF COUNSEL"
WILLIAM W. CALDWELL OF COUNSEL
STEVEN L HENDERON, OF COUNSEL'
'BOARD CERTIFIED IN REAL ESTATE
-' A R OF LAWS IN TAXATION
"'MASTER OF LAWS IN REAL PROPERTY DEVELOPMENT
BOARD CERTIFlEO W WILL% TROSTS. AND ESTATES
'ALSO AOA9TTID W OC AND SC
AALSO AOMITTEO IN AR
Al Minner
City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re: The Gables at Sebastian
1►ZT.Tr11E
Collins, Browm, Caldwell,
Barrett & Garava9lua
CHARTERED
ATTORNEYS AT LAW
756 BEACHLAND BOULEVARD
VERO BEAC , FLORIDA 32963
June 7, 2007
PLEASE REPLY TO:
POST OFFICE BOX "-3566
VERO BEACH, FLORIDA 32 -3GEG
T2-231-9393
TELEFAX T'l2-234-5213
INTERNET'. CHCGVEROLAW.COM
Via Facsimile and U.S. Mail
Thank you for taking the time, along with Rich Stringer and Rebecca Grohall, to meet with us
yesterday on this project.
This letter is to request an eighteen -month extension of time to record the final plat for the
subdivision, and further to request simultaneously an eighteen -month extension of time for site plan
approval, so that the deadline for final plat recording and for site plan commencement coincide with
each other.
As you know, market conditions are simply not favorable for construction at this time. My client,
Best Housing I, LLC, could simply bond off the final plat, record it, clear the land, and then proceed
with construction at a very slow pace; however, that could result in a large, unsightly cleared parcel
of property, with minimal activity, over a long period of time, and for no good reason. We have seen
other examples of this in the County, and it does not look good. Best Housing feels it would be better
for itself, and it would be better to help maintain its good relationship with the City of Sebastian, to
simply extend the time within which it is required to record the final plat and to commence with site
development. That way, when land clearing and land development begin, it can proceed at a good
faith pace, which will not leave a scarred landscape within the City of Sebastian for a lengthy period
of time.
Al Minner
City Manager
June 7, 2007
Page 2
Also, I just wanted to remind you that Best Housing has committed to the City's new policy of
relocating all tortoises on site, even though it had already been issued a "take permit" prior to the
City's adoption of the new policy. Notwithstanding that compliance with the City's new policy will
cost Best Housing tens of thousands of dollars, it is attempting to be a good neighbor and remain in
good standing with Sebastian.
If you have any questions or comments, or require any additional information, please let me know as
soon as possible. Otherwise, we would like to bring this matter to closure as soon as you can
schedule it.
truly yours,L
BRUCE D. BARKETT
For the Firm
BDB:j kd
cc: Richard Stringer, City Attorney
Rebecca Grohall, Growth Management Director
Jorge Diaz
Joseph Schulke
RESOLUTION NO. R-05.40
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING THE PRELINIINARY PLAT FOR A TOWNHOUSE
DEVELOPMENT SUBDIVISION KNOWN AS GABLES AT
SEBASTIAN; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Best Housing 1, LLC, has filed an application for approval of a preliminary
plat for a townhouse development subdivision known as Gables at Sebastian; and
WHEREAS, said subdivision and plat comply with applicable State and City codes and
regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COMM OF THE Cri Y
OF SEBASTIAN, as follows:
Section 1. PRELD41NARY APPROVAL. The City Council of the City of
Sebastian does hereby approve the preliminary plat and subdivision plan for Gables at Sebastian
prepared by Schulke, Bittle & Stoddard, LLC, with an engineer's stamp and signature dated June
17, 2005, 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 Coy
The motion was seconded by Councilmember Neglia and, upon being put into a
vote, the vote was as follows:
Mayor Nathan McCollum
Vice -Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
aye
aye
absent
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 28h day
of September, 2005.
M
Sally A. MOto, MMC
City Clem
Approved as to form and legality for
reliance by 117,
�(j the City of Sebastian only:
Ricth Stringer, Ohy ktto ey
r�
a
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Permit Application No.
SESASMcf Supplemental Information
T'A�N Preliminary Plat Approval
HOME OF PELICAN ISLAND
1. The following information is required on all preliminary plats:
On File 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.
On File b. A north arrow, graphic scale, and date of preparation.
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.
File 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.
On File g All existing drainage facilities.
On File 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.
On File i. Site for proposed parks, recreational areas and schools.
On File 1. Permanent reference markers shall be shown.
N. A. On
N..
N.,
N.
N..
N. P.
N.A
Permit Application No.
ile 2. Attached the following:
a On File 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.
On Filec. A surface water drainage facilities plan certified by an engineer registered in
the State of Florida.
On File h. A statement concerning required potable water improvements, wastewater
improvements or on-site wastewater disposal data.
On File i. A schedule for multiple phases, if appropriate.
On File 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.