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HomeMy WebLinkAboutAppeal of P&Z ApprovalCity of Sebastian, Florida OFFICE OF THE CITY ATTORNEY R AGENDA TRANSMITTAL Agenda No. 65 Subject: Appeal of P&Z approval; Date Submitted: 10/20/05 The Gables at Sebastian site plan For Agenda of: 10/26/05 SUNBU RY: This matter comes before the Council pursuant to Land Development Code §541-2.4(g) as an appeal of the Planning & Zoning Commission approval of the site plan application. The Council has previously a similar proceeding in which the Council acts in an appellate capacity, and the rules are very different. The two specific issues appealed are listed in the Notice dated September 26, 2005, and review is limited to these matters. The Council must consider the appeal solely on the record presented to the Planning Commission at its September 15, 2005 hearing. This means that no new facts can be presented to the Council. Public input is not appropriate. The appellants, staff, and the applicant are allowed to make arguments as to how the facts before the Planning Commission support their legal arguments. Since the application came to P&Z with a staff recommendation for approval, the burden of proof is on the appellants. This burden requires the neighboring property owners to demonstrate the absence of any substantial, competent evidence supporting the P & Z approval of the site plan. Modifications to the plan may be proposed by any party, but without new factual support. Since it is unlikely that this can be done without further public hearing, the preferred procedure is to remand the matter back to the Planning Commission for further hearing although I believe the Council could schedule a quasi-judicial hearing for a future date. The procedural order will be: ➢ Initial presentation by appealing parties; ➢ Presentation of applicant; ➢ Staff analysis; ➢ Appellant's rebuttal; and ➢ Council deliberation and action. It will require at least four votes to change the determination of the Planning Commission. ?.ECOMMENDED ACTION: After reviewing the record, the City Council may make one of the following determinations: 1. May uphold the approval of the site plan application; 2. May overturn the approval and issue denial of the site plan; 3. May schedule a hearing, or remand to P & Z, for further quasi-judicial hearings to consider approval of the site plan with modifications or conditions needed to comply with code requirements. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY e kIAGER: N fp F14l S 4 d15C/'S;'69NS />y r7L&Nn!ily6-4 �,v,V�ruG '& A) September 26, 2005 c�TVT To: The Planning and Zoning Commission of Sebastian: `�`o Sh�o r« 7fFI- G;'Z�� Cwc/Lco ter' < : Gentlemen: 0168[ My name is Josef Hauck of 373 Bob Circle, Sebastian. My property is joined in the far south west comer with Gables of Sebastian property. I did attend the Public Hearing on September 15, 2005 regarding the Recommendation to City Council regarding the preliminary plat as listed on the Agenda of the Planning and Zoning Commission under Paragraph C. 1. I was handed a brochure of the proposed Gables of Sebastian, including a layout of the streets and location of all attached housing. To my surprise, I found two streets about 186' in length and 20 wide in the development that lead to a dead end. I believe these streets should be a cul-de-sac or at the minimum, a 3 point turn on the end of each street. 2. I personally checked with the Indian River County Fire and Rescue Officer, Miss Seely in the Vero Beach office and after reviewing the proposed plans, I was told by Miss Seely there would be no unforeseen problems in case of an emergent situation. She stated that in case of a fire, Fire Trucks would enter the dead end street at 150' and would run hoses to the last houses and around to the back if necessary. She also stated that they are fully aware that the fire trucks have to be backed out of these streets in order to exit. What about an ambulance in an emergency which is not under Indian River County Fire Department code? Trucks like UPS, Federal Express and even landscapers with trucks and trailers have no where to turn around. There are 12 attached houses — six on each side of these two streets. For example, each house occupied has a husband and wife and one to three children in a Family , a total of 40 to 60 persons on a 186' dead end street with no turn around for any vehicles causes a dangerous situation. Page Two I believe this situation is totally overlooked by the Planning and Zoning board and should be corrected. Any visitation to these homes will undoubtedly imposed street parking in the daytime and this situation is a disaster in the making — like in New Orleans only in a different way. Submitted by Josef Hauck Resident/Homeowner of Sebastian (Mof SERASRAN HOME Of PELICAN ISLAND Growth Management Department Site Plan Approval Application - Staff Report 1, Project Name: 2. Requested Action 3. Project Location a. Address: 9 E b. Legal Gables at Sebastian Site plan approval for a 95 unit townhouse development. Main Street between Powerline Road and Bob Circle See site plan. C. Indian River County Parcel Number: 30-38-30-00003-0000-00000.4 31-38-01-00000-7000-00001.0 Project Owner: Project Agent: Best Housing 1 Inc. Jorge Diaz, President 82 S. Seawall Point Road Stuart, Florida 34996 (305)525-5663 Joseph Schulke, P.E. fax (305) 234-0791 6. Project Engineer: Joseph Schulke, P.E. Schulke, Bittle & Stoddard 1717 Indian River Blvd, Suite 301 Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9496 7. Project Surveyor: William B. Zentz & Associates, Inc. 684 Old Dixie Highway Vero Beach, Florida 32962 (772)567-7552 fax(772)567-1751 8. Project Description a. Narrative of proposed action: Mr. Joseph Schulke, on behalf of Best Housing 1 Inc., has filed for site plan approval for a 95 -unit townhouse development located on Main Street between Powerline Road and Bob Circle. The project consists of 17 residential buildings and a clubhouse, together with associated parking, water and sewer service, drainage, and 1 I 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. Proposed water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by connection to the existing Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to multiple on-site retention areas. The site consists of 12.78 acres of total land area, of which, 6.67 acres will be impervious (52.2%) and 6.11 acres will be open space (47.8%). A 1660 SF clubhouse will be provided, as well as a swimming pool, along with requisite parking. Current Zoning: RM -8 Adjacent Properties d. Site Characteristics Total Acreage: Current Land Use(s): Soil: Vegetation: 12.78 acres Vacant Immokalee Fine Sand Not Provided Tree survey must be provided with site plan overlay to show effort being made to preserve existing trees. Flood Hazard: Water Service: Sanitary Sewer Service: Parks: Police/Fire: Zone X Indian River County Utilities Indian River County Utilities Freedom Park — 1/4 mile Indian River Fire —1 mile Sebastian Police —1/4 mile Zoning Current Land Use Future Land Use North: Conservation Scrub Habitat Conservation East: CG & Vacant & CG & RM -8 Residential MDR Apartments South: RS -10 residential LDR West: RS -10 residential LDR d. Site Characteristics Total Acreage: Current Land Use(s): Soil: Vegetation: 12.78 acres Vacant Immokalee Fine Sand Not Provided Tree survey must be provided with site plan overlay to show effort being made to preserve existing trees. Flood Hazard: Water Service: Sanitary Sewer Service: Parks: Police/Fire: Zone X Indian River County Utilities Indian River County Utilities Freedom Park — 1/4 mile Indian River Fire —1 mile Sebastian Police —1/4 mile 9. Comprehensive Plan Consistency a, Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Contents of Site Plan: a, lot configuration: provided b. finished ground floor elevation: proposed - 24.8' to 25.0' C. contours and designating number of dwelling units: RM -8 allows 8 units per acre 8 x 12.78 acres = 102 units allowed 95 units proposed d. square footage of site: 12.78 acres = 556,696 SF e. building coverage: proposed —125,888.4 SF = 22.6% (40% maximum) f. square footage of paved areas and open area: Buildings, sidewalks and pavement: 290,545.2 SF = 52.2% (60% maximum) Open 266,151.6 SF = 47.8% (40% minimum) g. setbacks: provided (Townhouse Standards) Required Proposed Front (Main St.) 25' 34' Side (Bob Circle) 10' 28' Side (East) 10' 52' Between Buildings 15' 23' Rear (South) 20' 29' h. scaled drawings of the sides, front and rear of the building or structure: provided 3 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: provided k. building height: allowed: 35' proposed: 31' I. location and character of all outside facilities for waste disposal, storage areas, or display: N/A M. location and dimensions of all curb cuts and driveways: provided n. number of spaces with their location and dimensions: provided Required Proposed Residential 2 spaces/dwelling unit (95) 190 190* Clubhouse (1660 SF at 1/200) 9 14 *Each unit includes a two car garage and driveway, providing the necessary area to accommodate a minimum of 2 parking spaces. 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 V. location, size, character, and height or orientation of all signs: provided W. location and character of landscaped areas and recreation areas: provided ri 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 Z. surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided 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 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 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 5 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 i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: detailed irrigation plan to be submitted to the building department for irrigation system permits. 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: Must be revised. Perimeter landscape strip along west and south property lines must provide a Type "A" landscape buffer. Landscape plan must be revised accordingly. k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: Not provided Tree survey must be provided with site plan overlay to show effort being made to preserve existing trees. 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: provided o. Location, dimensions and area of landscaping for freestanding signs: not provided P. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: not provided A 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). Not provided. 17. Flood prone land and wetland preservation: N/A 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: Water and sewer are available and must connect. All Indian River County Utilities comments must be addressed and appropriate permits for connection must be obtained prior to construction. 23. City Engineer's review: Accepted as designed, subject to a Developers Agreement for a fair share contribution toward the construction of Powerline Road (roadway, stormwater system, traffic signage, markings, etc.). 24. Preliminary Plat Matters: A preliminary plat has also been submitted for the subdivision of this site following the dimensional requirements of the townhouse development regulations in the RM -8 zoning district. a. Minimum lot size (prior to platting): 1 acre site is 12.78 acres b. Minimum interior lot size within the site: 1,875 SF minimum provided 2,200 SF c. Minimum interior lot width d. Minimum interior lot depth: 25 feet minimum provided 29.33 feet 75 feet minimum provided 75 feet 7 Special regulations: Special regulations regarding access, unified control, development standards, and common open space have been provided. 25. Other Matters: Staff has determined that the proposed project will be required to pay a "fair share" contribution toward the construction of Powerline Road and associated improvements. A developers agreement is being negotiated between the applicant and the city in this regard. 26, Conclusion: The proposed townhouse development is consistent with the Comprehensive Plan, and the Land Development Code, with conditions as noted in staff recommendation. 27. Recommendation: Staff recommends approval of the Gables at Sebastian site plan and preliminary plat, with the following conditions: 1. Execution of a Developers Agreement for a monetary contribution toward the construction of Powerline Road (roadway, stormwater system, traffic signage, markings, etc.). 2. Tree survey as noted in the staff report, to be provided. 3. Revise landscape plan for perimeter landscape strip along west and south property lines to provide a Type "A" opaque screen. 4. Approval of site plan by Indian River County Fire Department and Environmental Health Department. %- /.3 - 0,5- ARED DATE