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HomeMy WebLinkAbout01081998a PZ4 - .4 %091"N City Of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, JANUARY 8, 1998 LOCAL PLANNING AGENCY 5:00 P.M. 1. CALL TO ORDER. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL. 4. OLD BUSINESS: 5. NEW BUSINESS: A. Land Development Code Revisions - Continuation of Draft Review - Amended Articles, Chapters 7, 8, 9, and 10. 6. CHAIRMAN MATTERS: 7. ME RS MATTERS: 8. DIRECTOR MATTERS: 9. ATTORNEY MATTERS: 10. ADJOURNMENT. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE Date OF ACTION. (286.0105 F.S) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) , ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 8, 1998 Chairman Fischer called the meeting to order at 7:02 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: VC Munsart Mr. Thomas Ms. K.ilkelly(a) Chmn. Fischer Mr. Mather Mr. Schulke Ms. Vesia EXCUSED ABSENCE: Mr. Pliska Mr. Driver(a) ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician f1 Tracy Hass, Planner II Ann Brack, Recording Secretary ANNOUNCEMENTS: None OLD BUSINESS: A. Minor Site Plan - Revised Plans - Boat Dock - Angler's Obsession Fishing Party Boat -1647 Indian River Drive Mr. Massarelli reminded Commission members that this site plan was before them at the last meeting and staff was directed to work with the applicant to prepare a better site plan. He noted that there are also some revisions in this present copy, including a third driveway and additional parking spaces. He then noted conditions that are in the staff report on the approval of the site plan. At this point, Mr. Robert L Taylor, 11140 U.S. Hwy. 1, Sebastian, FL. was present and identified himself. Mr. Massarelli continued with the staff report with conditions. He noted that the row of telephone poles close to this property is not the property line, and it must be surveyed and staked. He also explained the requirements for landscaping. He continued through the list of thirteen (13) conditions. Mr. Massarelli noted receiving a phone call from DEP concerning the ownership of this property. He explained that a he was told that a parking lot permit must be obtained from DEP, or from St. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 John's River Water Management District, depending which regulatory agency has jurisdiction, and the Community Development Department had not been aware of this until the phone call from DEP. In lieu of the above, a letter would be required from the proper agency stating that a permit is not required. He noted that DEP has stated that a permit is required, and the City should not let the project go forward until all regulatory permits are obtained. With all the conditions listed, staff would recommend approval. Mr. Taylor commented that DEP has "no authority on landward - absolutely none". He felt that it was unfair to put a condition on his first hearing, and it would effectively put him out of business. He noted that DEP has issued a permit for the dock, but they have no authority on the parking. He indicated that he did not agree with the landscaping requirements. He noted that he has paperwork that was used to get the permit from DEP dealing with sea grasses and rip rap. He also noted that DEP approved this permit. Mr. Massarelli responded that DEP has jurisdiction because of runoff from the site into waters of the State. He also clarified that if, in fact, DEP or SJRWMD does not have jurisdiction, all that is needed is a letter from them stating so. Otherwise, he noted that if a permit is required, the City has an obligation to make sure that the applicant secures all necessary permits. He commented that his department cannot be put in the position where they are issuing permits that may be in violation of a State permit. The requirement is that all State permits be secured before a building permit is issued. He commented that the landscaping required was based on the scale of the applicant's site plan drawing. There was discussion on the final survey and staking the corners. It was noted by Mr. Massarelli that a survey had been submitted with the site plan. There was also discussion of stabilizing the parking lot. Mr. Massarelli noted that DEP and SJRWMD have come up with a system where the agency that has the dominant permitting jurisdiction will be reviewing this, and in his opinion, it would probably be DEP in this case. Mr. Taylor interrupted and noted that he already has a completely committed, approved plan, and there is no fitrther review. He requested that the permit be approved base on his statement that if he is in violation of anything, his permit is revoked. At this point, Mr. Massarelli requested that Chairman Fischer go into a quasi-judicial and swear in the evidence, and call one of his staff members as a witness testify, under oath, what DEP said. Chairman Fischer swore in Robert Taylor, Robert Massarelli and Jan King. Mr. Massarelli asked Ms. King several questions about her involvement with this application. She gave information from her discussions with Mr. Brian Poole of DEP, from the first phone call from Mr. Poole to the latest call that she made to him, as directed by the Community Development Director. These discussions included ownership of the property, amendments to the original permits, withdrawal of amendment applications by Mr. Taylor, and DEP approval of the commercial parking lot affiliated with the dock. Her most recent conversation took place at about 4 pm today. In response to questions from Mr. Massarelli, Ms. King indicated that to her 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 knowledge, Mr. Brian Poole is an employee, and is involved with permitting with the Department of Environmental Protection. Mr. Taylor attempted to give a statement and was asked to keep to the quasi-judicial format of cross-examining Ms. King. Mr. Taylor proceeded to ask questions of Ms. King. Mr. Massarelli then asked Ms. King if she would normally rely on DEP employees for interpretation of requirements of that Department in terms of permitting. She replied that she would. Mr. Taylor asked Ms. King another question. Chairman Fischer swore in Mr. Tracy Hass, Planner II, and Mr. Massarelli then asked Mr. Hass some questions. Mr. Massarelli submitted into evidence the staff report prepared by Mr. Hass, dated January 2, 1998, for the Skidmore boat dock. Mr. Taylor then commented that this is only a minor site plan, and that it took Mr. Skidmore three years to obtain this DEP permit. He indicated that Mr. Skidmore gave up on this site and Mr. 1 Taylor put it under contract, not to be conveyed until after all permits are obtained. He also noted that Brian Poole is aware of this information. He indicated that the earlier denial by P & Z was based on submitting a better and clearer site plan, and he noted that it was because of reducing his original drawing on the copy machine that it became hard to read. Mr. Taylor commented that he is being treated shabbily and complained about just receiving this information at this hearing. Mr. Massarelli noted that this Commission can determine if the applicant can proceed with the dock, subject to a permit, (if necessary), for the parking lot. He cautioned the members that this could possibly result in a dock being built with no parking lot, if DEP does not issue the permit. Mr. Robert Skidmore, 400 NW Alice Ave., Stuart, FL. was sworn in by Chmn. Fischer. Mr. Skidmore spoke of having built four marina docks on. properties and never had a DEP permit for a parking lot. He repeated that they have no control beyond the water line. He also gave information on the settlement in court of the case involving dock plans for 1647 Indian River Drive, Sebastian. Mr. Taylor again requested approval of his site plan, and if there is a requirement for some kind of permit for the parking lot, he would have to get it from DEP or they would stop him. Mr. Thomas asked several questions of Mr. Taylor. Mr. Taylor then expressed his dislike of dealing with the City. Mr. Mather expressed his opinion that there seems to be some miscommunication with DEP, but P & Z could approve progressing with the dock, with the proviso that the DEP item be resolved (404� PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 before the parking lot is completed. Mr. Massarelli read from the Code information covering necessary permits from all environmental agencies prior to obtaining City approval. He noted that this is in reference to pervious accessways. Mr. Taylor noted that he considered some information to be "hearsay" about a phone call today. He also noted that he doesn't want to deal with this anymore. Mr. Mather suggested postponing this issue for two weeks to allow time to get some answers and references from DEP quoting the code. Mr. Taylor disagreed and said that he wants something approved today, and feels that this issue has been handled illegally, and that he has been handled badly by the Community Development Dept. Mr. Munsart indicated that the site plan submitted by Mr. Taylor is completely ineffective and incomplete, and noted items that were missing. Mr. Schulke discussed DEP authority with Mr. Taylor. Mr. Taylor did not want to have to go to DEP for an exemption because of the time it takes to resolve an issue. There was discussion between Mr. Schulke and Ms. King about DEP and Brian Poole. Mr. Taylor again insisted that this is total hearsay, it's unfair, it's not based upon fact, it was done in such a manner that he doesn't know if it is truthful or not as Brian Poole did not quote any statute. Mr. Massarelli disputed the term "hearsay". Mr. Taylor disputed Mr. Massarelli's interpretation of "hearsay" and asked if he was an attorney. Mr. Schulke agreed with staff on a condition that would require at least an exemption from SJRWMD based on the Comprehensive Plan as quoted. He noted that we are required to make sure that the applicant has all permits in hand. Mr. Taylor disputed Mr. Schulke's comments and referred again to "hearsay". Ms. Kilkelly noted that Mr. Massarelli quoted from the local as well as the State for all agencies involved in parking on pervious surface. She noted that vehicular lubricants could drip on the parking lot soil and run into the river, and in her mind, there is a definite need to get some kind of permit from the governing authority over that area, probably DEP. She suggested proceeding with approval of the dock, but with all of the conditions in the staff report plus that no work be started on the parking lot until we have the proper permits. 1 Mr. Taylor again suggested that the site plan be approved with a condition for obtaining the permit if necessary. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 Mr. Skidmore noted that tomorrow, he would personally have attorney Ted Guy from Stuart, who handled this whole case, get a letter from Mr. Poole (DEP), and have it in the hands of the City of Sebastian within twenty-four (24) hours. MOTION by Mather/Thomas I make a motion that we approve the site plan for the dock, for Skidmore boat dock, with the conditions listed by staff and that the resolution of the DEP be resolved by a letter by tomorrow from Mr. Guy, resolving that by this time next week, and with those conditions and that resolution, this be allowed to go forward. (1/15/98) Roll call was taken. Ms. Kilkelly(a) - yes Mr. Thomas - yes Mr. Mather - yes Chmn. Fischer - yes Ms. Vesia - yes Mr. Schulke - yes VC Munsart - yes The vote was 7 - 0. Motion carried. (At 8:22 pm, a short break was taken. The meeting reconvened at 8:31 with all previous members present.) NEW BUSINESS: B. Accessory Structure - Section 20A-5.7.1) - 71 Blue Island St. - J. Williams/Capp Custom Bldrs. Mr. Mickey Capp, 109 Harbor Point Drive, Sebastian, was present representing the applicant, and gave a presentation on installation of solar panels on Mr. Williams' shed. Ms. King gave staff presentation, noted that a variance from the Board of Adjustment will be needed on the issue of an accessory structure over 400 sq. ft. and over 12 feet high being placed in the rear yard set -back. Mr. Capp noted that total square footage of this accessory structure is 280 square feet. He answered questions from Commission members. MOTION by Munsart/Mather Mr. Chairman, I move that we grant a permit for an accessory structure to Mr. J. Williams and Capp Custom Builders of 71 Blue Island Street, Sebastian. A voice vote was taken. 7 - 0 motion carried. 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 C. Recommendation to City Council - Revised Conceptual PUD Plan - Amendment to Sebastian Lakes - Lennar Corp. Mr. Warren Dill, Attorney, representing Lennar Northeast Partners Limited Partnership was present representing the applicant, who is seeking a modification of a conceptual development plan for Sebastian Lakes. He introduced Mr. Charles DeSanti, an urban planner and the representative of the applicant. He also introduced Mr. Andy Witkin who is a landscape architect and will make a brief presentation. He mentioned Mr. Joe Mayer who is the project engineer and will answer any questions the Commission may have. Mr. Dill proceeded to give some history of the Sebastian Lakes PUD. He noted that the applicant has provided much more detailed information to the City on this project than would normally be required of a conceptual site plan. He passed out copies of the agreement signed in 1994 locking in Lennar for another ten years. This agreement also had an amendment attached. He then went through this agreement and noted specific paragraphs. He summed it all up by saying that 284 units are locked in, and two acres remain for commercial development in this PUD. Mr. Dill noted that the developer whose conceptual plan was denied in June of 1997 was a prospective purchaser, and not the same as his present client. He proceeded to describe the present proposal for this project for 98 units, and noted the profit given up by a developer from reducing the number of units from 284 to 98. Mr. Chuck DeSanti, 5237 Southeast Inkwood way in Hobe Sound, FL, representing the applicant, noted that Peter Helsley, Project Manager, is in Tokyo or he would be here tonight. He noted that Mr. Helsley met with the residents of Sebastian Lakes several times. He then proceeded to describe the conceptual plan and issues discussed with residents and neighbors. He noted that the owner is in negotiations with GH4 Homes, but final agreement has not been reached. Mr. DeSanti then noted that minimum house size will be 1400 square feet A1C, and require a two - car garage, which will provide a minimum standard. He did note that they would like to work with local builders, and that the pricing will begin at $100,000 up to a range of $125,000 to $150,000. Mr. Andy Witkin, 255 El Hambra Circle, Coral Gables, FL, and the landscape architect for this project, was present and gave a presentation on landscaping. Mr. Dill noted that the many Brazilian Peppers along Grandeur Ave. will eventually be removed and replaced with oaks, myrtles, etc. Mr. Massarelli gave staff presentation and noted that Winn Dixie was originally part of the PUD, but suggested that it be separated from this subject application. He noted that staff recommends approval of this plan with conditions and modifications of conditions included in the staff report. Mr. Joseph Mungo, 1158 Breezy Way, Sebastian, FL spoke on a couple of issues. Mr. Edward Aho, 1012 Breezy Way, Sebastian, FL, president of Sebastian Lakes Condo Association spoke of meetings with the applicant and residents of the PUD. 0 r"" t PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 Mr. Arthur Bower, 1164 Breezy Way, spoke in favor of this plan, but pointed out some problems with property that homeowners have been paying on for ten years through the master association. He suggested that this property is being claimed by the developer, and urged some monetary compensation be given to the residents in the master association. He also spoke of the fact that in reducing density, there are fewer people than originally planned to pay upkeep on community facilities and property. Mr. Alfred Mungo, an owner at Sebastian Lakes, spoke on the property changes which have been approved since the original PUD was planned. Mr. Roger Keret, 1202 Larkspur Street, complimented Mr. DeSanti with this plan and indicated that his committee is very happy that all of their recommendations have been agreed upon, and recommended approval. Mr. Dill noted that some of the above issues are issues between the developer and the condo owners. There was discussion on filling the lake, and drainage, and traffic controls at Winn Dixie. Mr. Massarelli suggested that when the County does the design to four -lane Roseland Road, and widen CR 512, that intersection needs to be redesigned. Mr. Joe Mayer, Bussen-Mayer Engineering Group Inc., 100 Parnell St., Merrit Island, FL, project engineers for this project, spoke of drainage calculations, which will be provided to the City. Ms. Kilkelly referred to the October meeting and the paragraph she cited from the Comprehensive Plan. She wanted to know if the City Attorney has ever addressed the issue of rejecting the previous plan on the basis that it did not concur with the Comprehensive Plan. Mr. Massarelli responded that this issue has not been addressed as yet, but he was waiting for the denial to reach City Council. He also noted that the Land Development Code allows for modification to the PUDs. There was discussion on the developer's agreement versus the Comp. Plan and Land Development Code, and if a modification is allowable on a PUD. Mr. Massarelli referred to page 246 of the Land Development Code and read about amending a conceptual development plan. MOTION by Mather/Schulke I make a motion that we submit to the City Council approval of the conceptual development plan for Sebastian Lakes PUD per project number 28310, sheets 1, 2, 3, by Bussen - Mayer Engineering Group, and staff recommendations as amended. 7 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 Discussion: Ms. Kilkelly suggested an amendment to this motion, but, after discussion, rescinded it, as did Mr. Thomas his second. Mr. Massarelli agreed to write a letter to the City Attorney to get her opinion of the decision on the previous conceptual site plan as it relates to the Comprehensive Plan. Roll call: Ms. Vesia - yes Mr. Schulke - yes Mr. Thomas - yes Mr. Munsart - yes Chmn. Fischer - yes Ms. Kilkelly(a) - no Mr. Mather - yes MEMBERS MATTERS: (Election of officers was deferred to the next meeting.) Mr. Mather commented about an experience he had at a recent Homeowners meeting. Discussion followed between Mr. Thomas and Mr. Massarelli. Mr. Massarelli responded to issues presented by Mr. Thomas. Mr. Thomas invited Mr. Massarelli to the next Homeowners Association meeting on February 2, 1998 at 7:00 pm and he agreed to be there. DIRECTOR MATTERS: - School bus parldng on church property Mr. Massarelli noted that there have been several complaints about buses being parked on a church property - a school bus or a bus associated with a mission, etc. He wanted to get the opinion of this Commission if this is a code violation. There was discussion on this issue. During discussion, it was determined that "bus" can mean different types of vehicles, and that it would be considered an "accessory use" and not a code violation. - Clearing of City waterways Mr. Massarelh noted an alleged code violation on a property along a waterway, where the property owner cleared a strip between his rear property line and the waterway so he would have a water view. He asked if this is a code violation. He also compared this to a City requirement that home owners maintain their front swale, with sod and maintenance. The topic of man-made or natural waterways was discussed. (There was more discussion between Mr. Thomas and Mr. Massarelli on code enforcement issues. Mr. Thomas continued to express comments made to him about various issues in the Community Development Department.) It was determined that there was no code violation on the waterway ka � PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 8, 1998 Mr. Schulke commented on Mr. Thomas' comments to Mr. Massarelli. He suggested that bully tactics and name calling cease on this Board. Chairman Fischer adjourned the meeting at 10:45 pm. (2/3/98 AB) 9 .-1 e� City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAlgE MEETING MINUTES OF MEETING HELD S*N u" $ 1 Cl9y APPROVED AT MEETING HELD Fe-8QU-meq (R ) R9 ti / -� E. ANN BRAC& RECORDING SECRETARY DORRI BOSWORTH, SECRETARY PZ\4AF.DOC