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Home My WebLink About2005 - Public HearingCITY or HOME Of PELICAN \ISLAND City of Sebastian, Florida Subject: Continued quasi-judicial public Agenda No. �rj Q 5 rj hearing for Turtle Grove (a.k.a. Kozlowski) Subdivision Preliminary Plat approval. Department Origin: Growth Manage Purchasing/Contracting: Finance Director: A Ar Submittal by: City Manager City Attorney: City Clerk: n Date Submitted: August 17, 2005 For Agenda of August 24, 2005 Exhibits: Preliminary Plat Plans, R-05-27, City Council Minutes, Engineer Comments, Location Map, Staff Report, Application, P&Z Minutes, Public Notice. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Mr. Wayne Kozlowski has submitted an application for subdivision development for an 18 -acre tract of land located west of Laconia Street and south of Gladiola Avenue. This property is within the City of Sebastian limits, is not a recent annexation, and is currently zoned RS -10 permitting single-family development under the low density land use category. Subject plans reflect compliance with current RS -10 zoning requirements including minimum lot size (9,500 sq. ft.), setback standards (25' from, 10' side, and 20' rear), open space requirements and all other dimensional criteria. Recent plans outlined a total of 39 units on 18.40 -acres providing a density of 2.12 unitstacre, placing the subdivision well below the 5 units/acre under current land use regulations, and below the development covenant for annexations of 3 units/acre. The primary point of ingress and egress will be located between lots 8 & 9 along Laconia Street, which is slated for widening from the current one -lane roadway section to a full access two-lane roadway as an element of scheduled improvements, by the developer, for the subdivision. Mr. Kozlowski is conveying 40 feet to the City along Laconia Street for the additional needed right-of-way. A secondary, emergency access tract will also be located south along Laconia Street between lots 4 & 5. The proposed subdivision will be served by water and sewer service as permitted by Indian River County Utilities. The Planning and Zoning Commission reviewed said request during public hearings held on February 17, 2005, and June 16, 2005, in which they forwarded a recommendation favoring approval. On July 13, 2005, City Council reviewed and discussed the preliminary plat, requested the applicant make some minor revisions and supply additional information. The revised drawings and comments regarding discussed items and additional information from the engineer of record are enclosed. RECOMMENDED ACTION Conduct continued quasi judicial public hearing. Make a motion to approve, approve with conditions, or deny Resolution R-05-27. Regular City Council Meeting July 13, 2005 Page Four COMMITTEE REPORTS/RECOMMENDATIONS 05.090 A. Parks & Recreation Advisory Committee 29-34 (City Clerk's Transmittal 6124105, code, application, ad, list) I. Interview, Unless Waived, and Submit Nominations to Fill: a. One At -Large Member Position Ms. Coy nominated Gary Barth and being no other applicants, Mr. Barth was appointed. 05.080 B. Community Redevelopment Advisory Committee 35-36 i. Confirm Council Member Coy's Appointee, Jim Weber There were no objections to Jim Weber's appointment as Council Member Coy's representative, thus his appointment was confirmed. 05.085 C. Citizen Budget Review Advisory Committee 37-39 1. Confirm Council Member Neglia's Appointee, Al Paternoster There were no objections to AI Paternoster's appointment as Council Member Neglia's representative, thus his appointment was confirmed. 9. QUASI,JUDICIAL PUBLIC HEARING Application, Minutes, Ad) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS TURTLE GROVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor McCollum opened the hearing at 7:53 p.m. and Council members had no ex -parte communications to disclose, The City Clerk swore. In all who Intended to offer factual testimony,. Joe Schulke, Schulke, Bittle and Stoddard, representing the property owner, addressed City Council on the preliminary plat. The Zoning Technician gave the staff report and provided Council with the Environmental Study dated June 14, 2004 (see attached - exhibit). Side Il, Tape 1, 8:01 pm In response to Mr. Burkeen,. Mr. Schulke said he could not commit.to the fact that this will not be a gated community, that he had conceptual; approval from the Sebastian Water Control District, and Indian River County Utilities, is in review With St. Johns River rd Regular City Council Meeting July 13, 2005 Page Five Water Management District, said he had received no objections from Friends of the Sebastian River and that there are no planned sidewalks. Mr. Burkeen said he had received numerous phone calls. Ms, Bosworth said she had not heard back from St. Johns but no permits will be Issued until they respond. In response to Ms. Coy, Mr. Schulke demonstrated the tree plan and said Mr. Kozlowski wants to retain as many trees as he can and deal with each lot on an individual basis. He described his plan for clearing. He said they will clear the road and the retention area, and then clear those trees that can't be saved. Ms. Coy said it looked like a quarter of the trees might be able to be saved. In response to Ms. Coy, Mr. Schulke said the berm he proposes is not required by the City, so there is not a berm plan in place at this time, Ms. Bosworth noted that RS -10 to RS -10 does not require buffer or berm. Mr. Schulke said he could commit to a specific buffer as defined in the City code. Ms. Bosworth said she could require some of the smaller oaks coming out of the property to be lined along Laconia Street. In response to Ms. Coy, Ms. Bosworth explained flood zones in Sebastian and said houses in the flood zone in question will have to be at 11 -foot elevation, and Mr. Schulke clarified 11.75 feet. Ms. Coy specified lots 25 and 26 and asked how close the fill will be to the south prong of the Sebastian River. Mr. Schulke said there will be fill within 35 feet of the river. Ms. Coy said if this property was in the county it would be 100 foot. Ms. Coy requested that gopher tortoises be relocated, expressed concern that the new tree ordinance is not in place which will require that clearing not take place on weekends and during City off hours, She expressed concern for the south prong of the St. Sebastian River and Mr. Schulke said if St. Johns has concerns they will have to be addressed and as far as the 100 feet, he Is going by the City Code like everyone else does. He said he will take the lots out of the plan if St. Johns requires him to do so. Ms. Coy said she had a responsibility to this City and the preservation of the south prong of the river. The City Attorney said Laconia would still be a collector even if it doesn't go through and said staff encourages people not to back out onto Laconia, noting that corner properties are encouraged to use the adjoining streets. In response to Mr. Negiia, Mr. Schulke offered to omit lots 24-26, said there is no traffic study required, that the City will not maintain the streets and drainage, and there will be curbed roads. Ms. Monier asked if lots 25, 26 and possibly 24 could be held off until St. Johns responds, and if St. Johns approves them then the setbacks for these lots be adjusted. Regular City Council Meeting July 13, 2005 Page Six Mr. Schulke proposed that lots 24 and 25 be deleted and that 26, 27 and 28 be pulled back to the adjacent lot lines to the east. Side 1, Tape 11, 9:00 pm Mr. Schulke said he believed there would be two story homes but the berm would not be high enough to hide two stories. Mayor McCollum asked what is the difference between a PUD and a subdivision. The City Attorney sald the subdivision regulations are very specific, there is nothing that addresses the Sebastian River, and said there is not as much give and take on subdivisions as there is for a PUD. He said if it is privately owned property we don't have to require that they allow everyone In. He said if Council does not like the rules set out for subdivision approvals they can be changed. Mr. Schulke said there can be a provision in the dedication that when the City has to put traffic through the subdivision it can, said he was willing to relocate trees, eliminate lots 24 and 25 and make them conservation, and pull back the rear line for lots 26, 27, and 28, if he can relocate turtles in this area he will and if not he'll move them off-site and if not, do a take permit. Mr. Schulke said there would be a widening of Laconia to Concha Drive and construction of a swale on Laconia. Tim Glover, 9660 Estuary Lane, Friends of the St. Sebastian River, reiterated he had submitted a letter to the Council last year asking that the buffer to the St. Sebastian River be the same as that set out by Indian River County. Adrine Davis, Sebastian, confirmed the number of lots after taking away lots 24 & 25. The City Attorney said by eliminating those lots, there may be more buffer there than the County requires. He defined mean high water mark to mean when fifty percent it is higher and fifty percent it is lower. The Zoning Technician suggested placing trees 1 every 20 feet in conformance with the Riverfront overlay and develop Laconia to the base core at the beginning and designating Laconia to CR512 as the designated construction vehicle route. Mr. Burkeen said he still had concerns about it being private, and about flooding. Ms. Coy said Mr. Schulke's modifications make it easier, but she will do nothing until she hears from St. Johns River Water Management District, wants to know more about the gopher tortoises, and would like this brought back after those answers are received. M Regular City Council Meeting July 13, 2005 Page Seven Mr. Neglia said he was concerned about the buildings facing the other way on Laconia and said he would like to wait until St, Johns responds. Ms. Monier said she understands the checks and balances of the other agencies and knows nothing will be permitted until the other agencies approve. Mayor McCollum expressed concern for this being a gated community and locking up access for later use. He said people are not moving to Sebastian for gated communities and it is not representative of that area. He said he would love to see simple RS -10 zoning. He said if this was approved, he would recommend two-laning Laconia Street. Ms. Monier said it takes some burden off the City if they maintain their own roads and drainage and it is up to people to become neighbors even if it is a gated community. Ms. Bosworth said there is an engineering polidy that if anything goes wrong in a private subdivision relative to roads or drainage it would be up to the property owners to repair. Mr. Schulke said he has lived in Sebastian since 1989 and he lives in a gated community and is involved in and serves his community, He said he can request that the property owner go with no gates and would commit to that. MOTION by Ms. Monier, and SECOND by Mr. Burkeen, to adopt Resolution No. R-05- 27 with the conditions that Laconia be widened, take out two lots, cut back three lots, no gates, all permitting from other agencies in place, move trees into the berm, that tortoise issue be addressed as Ms. Coy noted, that there is in writing a letter from St. Johns and if any concems they be addressed and brought back failed on a roll call vote of 2-3 (McCollum, Burkeen, and Coy — nay) The City Attorney requested that in the body of the resolution there be an amendment in the conflict section to cite Resolution No. R-03-54, which set out the one-way direction of Laconia. Ms. Coy suggested that this item be brought back to the next meeting with all the revised language and the resolution to change the two-waying of Laconia Street. On MOTION by Ms. Coy and SECOND by Mr. Burkeen staff was directed to bring back proper amended resolution language on August 24 and a resolution to amend the one- way traffic on a roll call vote of 5-0. Mayor McCollum called recess at 9:50 p.m, and reconvened the meeting at 9:55 p.m. All members were present JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM R STODDARD, Ph.D., P.E. SCHULKE, BITTLE 8& STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Ms. Dom Bosworth August 17, 2005 Zoning Technician City of Sebastian 1201 Main Street Sebastian, FL 32958 Re: Turtle Grove / Kozlowski Subdivision 38 lot Residential Subdivision (18.40 AC.) Dear Ms. Bosworth, Attached, please find twelve (12) sets of Preliminary Plans. We have made the following revisions to the plans: - Revised the lot lay -out on the west side of the site. We have eliminated one (1) lot, and have provided a min. 40 ft. buffer tract between the lots and the south prong of the creek. At the hearing, I initially thought I may have to eliminate two (2) lots. However, we were able to modify several lots, which permitted us to provide the buffer Mrs. Coy wanted, and reduce lot count by only one. Added note no. 6 on the cover sheet of the plans, indicating the intended method for Turtle conservation. - Added sheet L-1, a landscape buffer plan for Laconia Street. It includes relocating Oaks from on-site, so that there will be one (1) Oak tree every 35 ft. Our environmental consultant is meeting with the SJRWMD on August 19`h on-site. We can not provide additional information to you at this time. We hope to have additional information for you by the meeting date. The owner, Wayne Kozlowski, will be attending the meeting. He has requested that Council reconsider the gate issue at the hearing. If you have any questions, please do not hesitate to call. 1717 INDIAN RIVER BLVD., SUITE 301, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 Fax 772 / 770.9496 EMAIL sbseng@bellsouth.net rq W • _ s W b A �n � ♦ A uJ' M •9y�p• P �.'' d � n ^ A �`• i' WR Wa - i ? �(�0aa.. " SIH _6. r.a�n• W W. • f - e � � A..n_3 C+' W ♦ 1�.-ie 9 _ r3 g �N ey o, i \\ m�A� \•^5' B - v ♦� ^f 'ei � - � .l _ _i p j,'%a-- Il 11N SOryltll 91H N I1S 83 d 1 ii• N q Cl ass £I 11M1 S4 V"I JIH E S W ag I• lig ^=d "F8 '°� s� 3 - Y o¢ x 4 G • %/ W b W� ♦ `3 F / A / nu nrr of SERASTLAN -rte �. ' 4k, HOME OF PELICAN ISLAND Growth Management Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Kozlowski Subdivision 2. Requested Action: Preliminary Plat approval 3. Project Location a. Address: West side of Laconia Road, south of Gladiola Avenue. b. Legal: C. Indian River County Parcel Number: 31-38-26-00000-1000-00003.1 4. Project Owner: Wayne Kozlowski 75 Merrill Court Bristol, Connecticut 03010 (860)302-8645 fax: (860) 589-9766 5. Project Agent: Joe Schulke Schlke, Bittle & Stoddard 1717 Indian River Blvd., Suite 301 Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9496 6. Project Engineer: Same as above 7. Project Surveyor: Dave Taylor Mastellor, Moler & Reed 2205 90 Avenue Vero Beach, Florida 32960 (772)564-8050 8. Project Description fax: (772) 794-0647 Narrative of proposed action: The following subdivision plan has been modified slightly from the original plan presented to P&Z on February 17, 2005. More specifically, original plans included the following: Upon successful negotiations, the property owner has reserved Tract A, located on the western edge of the property, for a stormwater management tract to be purchased and maintained by the City of Sebastian. This will greatly assist the City's efforts in providing better drainage capture and filtration for the southeastern quadrant of the Highlands as an element of the citywide drainage improvements. However, upon further investigation, the City has decided not to pursue purchase of the subject Tract as other suitable areas have been identified. Therefore, the proposed subdivision has been modified to reflect an additional 5 lots. All other issues and specification remain the same as previously presented. Mr. Wayne Kozlowski submitted an application for subdivision development for a 18 -acre tract of land located west of Laconia Street and south of Gladiola Avenue. The property is currently zoned RS -10 permitting single- family development under the low density land use category. Subject plans reflect compliance with current RS -10 zoning requirements including minimum lot size, setback standards, open space requirements and all other dimensional criteria. Plans outline a total of 39 units on 18.40 -acres providing a density of 2.12 units/acre, placing the subdivision well below the 5 units/acre as permitted under current land use regulations. The primary point of ingress and egress will be located between lots 8 & 9 along Laconia Street, which is slated for widening from the current one -lane roadway section to a full access two-lane roadway as an element of scheduled improvements for the subject subdivision. A secondary, emergency, access will be located along Laconia Street between lots 4 & 5. The proposed subdivision will be served by water and sewer service as permitted by Indian River County Utilities. b. Current Zoning: RS -10 C. Adjacent Properties d. Site Characteristics (1) Total Acreage: 18.40 acres (2) Current Land Use(s): Undeveloped (3) Soil: (4) Vegetation: Future Land Use LDR LDR L-1 (County) LDR Eaugallie, Riviera Various Vegetation (5) Flood Hazard: Zone X, AE (elevation 11.0) Zoning Current Land Use North: RS -10 Single Family/Vacant East: RS -10 Single Family/Vacant South: A-1 Vacant West: RS -10 Single Family/Vacant d. Site Characteristics (1) Total Acreage: 18.40 acres (2) Current Land Use(s): Undeveloped (3) Soil: (4) Vegetation: Future Land Use LDR LDR L-1 (County) LDR Eaugallie, Riviera Various Vegetation (5) Flood Hazard: Zone X, AE (elevation 11.0) (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Barber Street Sportsplex — 1 mile (9) Police/Fire: Sebastian Police 4 miles County Fire — 1 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 Preliminary Plat: a. name of subdivision: Kozlowski Subdivision b. vicinity sketch: provided C. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation provided — November 2004 f. name, address, and telephone of applicant: provided as listed above g. name, address, and telephone of owner of record: provided as listed above h. name, address, and telephone of mortgage holder: I. statement that they will join in the dedication: j. name, address, and registration number of engineer: provided as listed above 3 k. name, address, and registration number of surveyor: provided as listed above name of adjacent subdivisions, if any, including plat book and page number reference: provided M. names of owners of record of adjacent acreage: provided n. contour map including a perimeter strip up to 150 feet in width. provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided P. name, aliment 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 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: provided E 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 aa. block perimeter returns at block corners or other block line intersection: provided 4. Required Supplemental Information a. existing land use policy and proposed policy changes: provided b, on-site wastewater disposal data: provided C. surface water management plan: provided d. traffic impact analysis: provided 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: provided V. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: provided 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 xxi. monuments: provided 5 xxii. commercial and industrial subdivisions: n/a xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: N/A 5. Fee paid provided 6. City Engineer's review: Construction Drawings and Plan review will be required prior to release of construction permits. 7. Other Matters: In accordance with Article 19 - Subdivision Land Development Regulations, two points of ingress and egress are required for all subdivisions. The Preliminary Plat outlines two points of ingress and egress as required. B. Analysis: Mr. Wayne Kozlowski submitted an application for subdivision development for a 18 -acre tract of land located west of Laconia Street and south of Gladiola Avenue. The property is currently zoned RS -10 permitting single-family development under the low density land use category. Subject plans reflect compliance with current RS -10 zoning requirements including minimum lot size, setback standards, open space requirements and all other dimensional criteria. Plans outline a total of 39 units on 18.40 -acres providing a density of 2.12 units/acre, placing the subdivision well below the 5 units/acre as permitted under current land use regulations. The primary point of ingress and egress will be via Laconia Street, which is slated for widening from the current one -lane roadway section to a full access two-lane roadway as an element of scheduled improvements for the subject subdivision. A secondary, emergency, access will be located along Laconia Street between lots 4 &5. The proposed subdivision will be served by water and sewer service as permitted by Indian River County Utilities. 10. Conclusion: As proposed, the Kozlowski Subdivision preliminary plat 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. 11. Recommendation: Staff recommends approval of the Kozlowski Subdivision Preliminary Plat. J � P BY DATE 0 Permit Application No. Cha Via: i^ '�) City of Sebastian w "IPU'MA'k'e HDevelonment Order Qnnlirgnn c„e or r[i xan ran�n ti A licant If not owner, written authorization notarized from owner is required) r:• Name:u Sl. ( e Ke 1 {4„ I � Address* E -Mail: Lot: Block: Unit: Subdivision: Phone Number: ff la) T]0 ; CT,� FAX Numb r: lv n ' E -Mail: `, UVJ Zoning Classification: Owner If different from—applicant) Name: L•,^. j Address: 71t„ o Phone Number: (F,(pa _ r - FAX Number: (-?,U E -Mail: or action requested: 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):,qq,rr�� j} /� / / /J n `i Q c �I _ e '_' � ic--l- c! -Ili I B. Site Information permit or action (attach Pr'yr-1 r)17 k T?,'- e? • :ir r,�" , : � I i � � ` d ress: l'E OC1 f' GLC C� 110. Lot: Block: Unit: Subdivision: Indian River County Parcel #: Zoning Classification: Future Land Use: r7 Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested extra sheets if necessary): permit or action (attach Pr'yr-1 r)17 k T?,'- e? • :ir r,�" , : � I i � � ` V �L i7, e> DATE RECEIVED: I I / / by FEE PAID: $ 00 c-tial62 EIVEC� Eiy� o �`� wN Ivok U N co hal Se `Ment C'y n2F�'ZZ i•Z of Permit Application No. D. Project Personnel: Agent: Name: I� Gv / srJc.-c'TZ Address Phone Number: ( ) FAX Number: ( ) E -Mail: Attorney: Name: rJ F7 Address Phone Number: ( ) FAX Number: ( ) E -Mail: Engineer: Name: ,., Address nd 10n Giver 610 Phone Number: ('1 -7,Q) -no ter, FAX Number: (1-1,)_ E -Mail: j J Surveyor: J Name: I r 4 p Address ��✓C) Phone Number. (77Z )ttacj -&DS0 FAX Numb r. (C- '1 ),) jtgtc - 9 E -Mail: NG FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER /� AM THE LEGAL REPRESENTATIV - TH WNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION THA LHE 1 RMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCUR AND TRUE HE BES F MY KNOWLEDGE AND BELIEF. S ATU DATE' O SWO N TO AND BSCRIBED BEFORE ME BY O VVHq IS PERSONAI I Y KNOWN TO ME OR PRODUCED ASI CATION, THIS _-5- DAY OF �hVQM�o ,�� , 20o , NOTARY'S SIGNATURE to A PRINTED NAME OF NOTARY (A..i (. COMMISSION NO./EXPIRATION 2 SEAL: WILLIAM STODDARD c • ENctery Public - State or Florida My Damm hebn E*kee Apr t2, zoos L;onmialllon 0 D0017573 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. 1/WE, _ THE OWNER(S) / _K THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBJ=D WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE (I _' 'Q' Z M Pf7 "6 BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AN VIEW T E 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 OR THE UNITED ST TES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAN �S IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PRO S MADE, a ,� EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CI F SEBASTIAN. SIGNA RE pq E t to app subscribed before me( day Notary's Signature Printed Name of Notary Commission No./Expiration Seal: p iMY P py WILLIAM BTODDARD •=Notary Public - State of Florida ' My Cammhmion E>.yieaApr1Z7i7M15 „ it Commisalon i DD017673 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JUNE 16, 200 year period. Mr. Celli asked what the number of potential jobs that would be generated by this facility. Mr. Philipson said it would not be a significant number. (Tape 2 malfunctioned.) Mr. Celli also asked if the environmental board was part of the review process and Mr. Stringer said it is not within their realm to review development plans. Chmn. Smith called for a motion. MOTION by Keough/Smith "I make a recommendation on the growth management department's approval of the Philipson airport industrial development site plan approval for multi-purpose site with recommendations that as soon as the sewage is available by the county that they connect and with any other provisos that staff recommends are adhered to noted in the staff report." ROLL CALL: Mr. Keough yes Mr. Allocco yes Chmn. Smith yes Mr. Mahoney yes Mr. Celli yes Mr. Faille yes Mr. Paul yes The vote was 7-0. Motion carried unanimously. A five-minute recess was called at 9:15 p.m. All members present when meeting reconvened at 9:25 p.m. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — PRELIMINARY PLAT— REVISED— KOZLOWSKI SUBDIVISION —SOUTH LACONIA STREET — RS -10 ZONING — 39 LOTS, 2.12 UNITS/ACRE DENSITY Chmn. Smith opened the hearing and representing the applicant was Jason Saunders, Schulke, Bittle & Stoddard, Vero Beach, Florida. He explained that the application was previously presented as a 34 -lot subdivision. Since the City of Sebastian no longer wants to purchase Tract A, the owner added five more lots. Mr. Hass added the land that was to be purchased would have been used for a stormwater retention lake. Warren Fuller, 1672 Sunport Road, asked what is the highest and lowest elevation points. Mr. Hass responded the lowest point is 11.75. Mr. Paul asked if Mr. Stringer would comment on the reason the city is not purchasing the land at this time. Mr. Stringer explained it had nothing to do with the applicant but when the city was recalculating to find more money looking at the canal projects, they analyzed which ones gave the least amount of pollution reduction for the expense involved and this project had the least "bang for the buck". Chmn. Smith closed the hearing and called for a motion. MOTION by Keough/Simmons "Recommendation to the City Council that we approve the revised preliminary plat approval of the Kozlowski subdivision." ROLL CALL: Mr. Faille yes Mr. Paul yes Mr. Mahoney yes Chmn. Smith yes Mr. Allocco yes Mr. Celli yes Mr. Keough yes 0 PLANNING AND ZONING COMMISSIO MINUTES OF SPECIAL MEETING O FEBRUARY 17, 2005 OLD BUSINESS: PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL— PROPOSED ORDINANCE TO AMEND SECTION 54-4-21 OF THE LAND DEVELOPMENT CODE — CREATE A ZONING OVERLAY FOR THE SEBASTIAN BOULEVARD TRIANGLE DESCRIBING BOUNDARIES, DEFINITIONS AND REGULATIONS Chmn.-Smith opened the public hearing at 7:05 P.M. Mr. Stringer asked if the commissioners had any changes to the list of uses discussed at the last meeting and added that the Community Redevelopment Advisory Committee reviewedthe suggested uses. The one comment they had was on the industrial zone. Originally the CRAC was going to strike out the whole category but the electronics, research and development and similar uses had some appeal to them. The remainder is to extend the design criteria from the CR -512 Overlay to the whole triangle. The other comment CRAC had was to add the language of all uses permitted within the RM -8 zone to the Industrial zone. There were no comments from the public. Chmn. Smith closed the hearing at 7:15 p.m. Mr. Simmons asked if the light manufacturing was going to be removed entirely and Chmn. Smith said they would keep only the part that read, "electronics, research and development, and similar uses up to 5,000 sq. ft." MOTION by Smith/Seeley to recommend city council approve the proposed ordinance to amend Section 54-4-21 of the Land Development Code to create a zoning overlay for the Sebastian Boulevard Triangle describing boundaries, definitions and regulations as presented with the inclusion of the following: 1. All uses permitted in the RM -8 Zoning District to be added to Industrial Zone permitted uses. 2. Industrial Zone Conditional Uses to include electronics, research and development, and similar uses up to 5,000 Sq. Ft., and eliminating all other wording under "Light manufacturing". ROLL -CALL: Mr. Allocco yes Mr. Mahoney yes Chmn. Smith yes Mr. Simmons yes Mr. Seeley yes Mr. Paul yes Mr. Faille yes The vote was 7-0. Motion carried. BUSINESS: PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL PRELIMINARY PLAT— KOZLOWSKI SUBDIVISION — GLADIOLA AVENUE AND LACONIA STREET — RS -10 ZONING —18 ACRES — 34 LOTS AT A DENISTY OF 1.85 UNITER PER ACRE Chmn. Smith opened the hearing at 7:16 p.m. Mr. Joseph Schulke, Schulke, Bittle & Stoddard, Vero Beach, Florida presented the application representing Mr. Wayne Kozlowski. All the lots meet the minimum lot size for the RS -10 Zoning district. The parcel:identified as Tract A will be used for storm water retention and Mr. Kozlowski is in negotiations to sell this tract to the City of Sebastian. On another part of the site a storm PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF FEBRUARY 17, 2005 water tract is proposed and the applicant will be excavating a lake. They are also proposing a buffer between the wetlands and lake area. The entrance is at the northeast corner coming off Laconia Street. To the south between lots four and five there is a 20 Ft. wide emergency access. A small recreation tract is proposed next to the cul de sac and residents of the subdivision would be able to use that to access the river. A tree survey was submitted and there are some scattered trees in the wetland area but it is primarily an unmaintained citrus grove. They will be dedicating forty additional feet for a right-of-way along Laconia Street to widen the existing right-of-way from 40 Ft. to 80 Ft. For safety purposes, they will also widen the road and repave it to bring it to a full 24 Ft. in width along Laconia. The site will have county water and sewer. Mr. Hass added that the storm water utility engineering division of the city is in the process of obtaining some appraisals on that property and will be moving forward with negotiations and ultimately purchase of that tract of land to support our storm water improvement project. The following people spoke: Warren Fuller, 1672 Sunport Road, Sebastian, had concerns about the wildlife in the area and water runoff and flooding. He showed photos of his home, which was constructed in 2004, and the amount of water from the recent hurricanes. John Krajewski, 1699 Whitmore Street, Sebastian, was impressed with the proposal and -said it would be an asset to the neighborhood. Many of the commissioners complimented this application. The hearing was closed at 8:11 p.m. MOTION by Allocco/Smith "I make a motion we approve the recommendation to city council of the preliminary plat for the Kozlowski Subdivision." ROLL CALL: Chmn. Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. Faille yes Mr. Simmons yes Mr. Paul yes Mr. Allocco yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: NONE MEMBER MATTERS: Mr. Mahoney asked about the location of Advance Auto Parts mentioned in a public notice and inquired about another public notice regarding the vacating of public rights-of- way at Madison and Jackson. Mr. Hass said no formal notice has been received. Mr. Faille expressed concern about fencing rules and asked if rules and restrictions regarding fences could be put into the Land Development Code. Mr. Stringer said it would have to be brought to city council. He advised Mr. Faille that as an individual he y,-, � o -, 5*,W4 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 NOTICE OF CONTINUED QUASI-JUDICIAL PUBLIC HEARING CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA RESOLUTION NO. R-05-27 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS TURTLE GROVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Council of the City of Sebastian, Indian River County, Florida, will continue a quasi- judicial, public hearing concerning the adoption of the Resolution with the title as shown above on Wednesday, August 24, 2005 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. At the conclusion of this meeting, the City Council may enact this Resolution into law. Interested parties may inspect the proposed Resolution in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with respect to the proposed Resolution. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (F.S. 286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 589-5330 at least 48 hours in advance of the meeting. By Sally A. Maio, MMC City Clerk