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HomeMy WebLinkAbout02151996 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY IS, 1996 Chairman Fischer called the meeting to order at 7:03 p.m. ROLL CALL: PRESENT: Mr. Munsart Ms. Kilkelly Mr. Thompson Mr. pliska Ms. Brantmeyer Mr. Barnes Mr. Johns Mr. Fischer Mr. Schulke ALSO PRESENT: Dorri Bosworth, Secretary Jan King, Zoning Technician ANNOUNCEMENTS: MOTION by Johns/Munsart I make a motion to move the recommendation of new members of City Council to the last item on the agenda. A voice vote was taken. 7-0 motion carried. MOTION by Barnes/Kilkelly I move to defer the approval of minutes till later in the meeting, after the break, so we have a chance to read them. A voice vote was taken. 7-0 motion carried. OLP BUSINESS: None P~BC BEA~G - ~O~ OCCUPA~ON~ LICENSE - 120 ~~ $~ET - ~K RO~ ~ - T~ ~~ P~P~ON PLANNING AND ZONING COMMISSi..O.~N PAGE TWO ~GULAR MEETING OF FEBRUARy....15, 19.96 The Secretary announced that Mr. Rohr, Jr. withdrew his application today. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 119 LANDOVER DRIVE - LYLE PRESSE - MAIL ORDER BUSINESS Mr. Lyle Presse was present and was sworn in according to quasi-judicial procedure. Ms. Brantmeyer stated that she did visit the site. Ms. King asked the applicant to provide further detail about the number of deliveries to his home as well as information on how he will distribute these products. There were 19 notices of hearing sent out. We received no objection or non-objection letters. Mr. Presse explained that no trucks would be coming to the house. He would make a weekly visit to the Post Office, approximately. The public hearing was opened at 7:07 p.m. There was no public input. The public heating was closed at 7:07 p.m. In response to a question by Ms. Brantmeyer, Mr. Presse explained that the materials were to be delivered to his work place which is the dropzone at the Skydiving center here. MOTION by Johns/Barnes I make a motion to grant Lyle Presse a Home Occupational License to operate a mail- order business from his home at 119 Landover Drive. Roll call was taken. 7-0 motion carded. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1549 HAVERFORD LANE - BOB MOORE - NATURE GUIDE SERVICE Mr. Bob Moore was present and was sworn in according to quasi-judicial procedure. Ms. Brantmeyer stated that she visited the site. There were 18 notices of heating sent out. We received no objection or non-objection letters. Ms. King asked if there would be adequate screening for his canoe from the neighbors. Staff recommends approval subject to the vegetation screening being maintained, but in the future, if the property to the North is developed, the applicant would have to provide adequate screening. PLANNING AND ZONING COMMISSION RE(~ULAR MEETING OF. FEBRUARY 15, 1996 PAGE THREE The public heating was opened at 7:13 p.m. There was no public input. The public hearing was closed at 7:13 p.m. It was established that no customers would be coming to Mr. Moore's home. MOTION by Barnes/Johns I make a motion to approve the Home Occupational License for Bob Moore, Nature Guide Service, at 1549 Haverford Lane in Sebastian. Roll call was taken. 7-0 motion carded. ACCESSORY STRUCTURE REVIEW - SECTION 20A-$.7.D.7 1. 272 Fleming Street - Mr. Joe Chapman The applicant, Joe Chapman was present and verified his name and address. Ms. King explained that the applicant applied for a storage building to be placed on his property at 272 Fleming Street. The building is 240 sq. ft., 12 x 20 ft., and is a typical shed and the colors are the same as his home, and will be placed on the 10 ft. easement line. The final inspection by the Building Department will require the installation to meet Code. MOTION by Bames/Munsart I make a motion to approve the application for an accessory structure at 272 Fleming Street for Mr. Joseph Chapman. Roll call was taken. 7-0 motion carried. 2. 949 Potorr~ Avenue - M/M.Fjarber Pat Cassidy, 160 DeSoto Parkway, Satellite Beach, and employed by Ted's Sheds, was present and represents the applicants. Ms. King explained that this structure is a pre-fab carport that has been requested by Stephen Harber; Ted's Sheds is the contractor. It is 12 x 21 ft. structure. It will be used to cover the applicant's motorhome. The Building Dept. has already checked and it meets code. MOTION by Johns/Barnes I make a motion that we approve the accessory structure for Steve and Alice Harber at 949 Potomac Avenue. P~~G ~ ZONING COMMISSION REGULAR MEETING OF FEBRUARY 15, 1996 Roll call was taken. 7-0 motion carried. 3. 401 Midvale Te~. ace - M/M Crockett The applicant, Bob Crockett, 1.088 Persian Lane, was present. Staff explained that this is a new home to be built, has 9 f. ceilings, and the garage door will be 8 ff. in order to get the applicant's van into the garage. MOTION by Jolms/Munsart I make a motion that we approve 8 ff. garage doors for Robert and Kathy Crockett located at 401 Midvale Terrace. Roll call was taken. 7-0 motion carried. Mr. Johns amended his motion to approve the house which includes an 8 ff door at 401 Midvale Terrace. Roll call was taken on the amendment. 7-0 motion carried. RECOMMENDATION TO CITY COUNCIL - PROPOSED PLAT FOR MINOR SUBDIVISION - GOD'S LITTLE ACRE Ms. King explained that the Board has already seen this for zoning and land-use change which has been approved. It was rezoned from Public Service to RS-10, Residential Single-Family. The site plan for the church has also been before this Commission. Randy Mosby of Mosby & Associates was present ( on another matter) and explained some of the ~ces of this application (as he has been working with these people). In order to raise funds to build the Church, they decided to divide a portion of the land into three residential lots to help raise funds. The plat was prepared by Kevin Smith, Land Surveying. This application is being submitted directly by the Church. Mr. W'flliarns commented that the plat must contain an accurate location map, and we could ask the surveyors to make a notation indicating any street name changes. The comment was made to correct the county on the subdivision plat, from Brevard to Indian River. MOTION by ThompsorVJohns I move that we recommend to the City Council that they approve a preliminary plat for God's Little Acre, as shown on Kevin A. Smith's drawing that shows as received by the City on February 12, 1996, subject to Tim Williams changes as required. PLANNING AND ZONING.....COMMISSION RI~GULAR MEETING OF FEBRUARY 15, 199,6 PAOE F~rE Mr. Thompson mended his motion to state "final plat". Roll call was taken. 7-0 motion carried. A break was taken at 8:01 p.m. The meeting resumed at 8:21p.m. with all members presem. RECOMMENDATION TO CITY COUNCIL PRELIMINARY PLAT - MAJOR SUBDIVISION - HARBOR POINT SUBDMSION Randy Mosby of Mosby & Associates was present and representing the applicant. Mr. Mosby explained that this project is a portion of Unit 16. It is an existing platted subdivision that would contain 64 quarter-acre lots, be approved for septic tanks, wells, and roads through the original plat that was done by GDC. He passed out copies of the original plat so that he could show the changes currently being proposed. He suggested that the proposed usage would only better this site. They are proposing 24 half-acre lots to meet roadway and drainage requirements currently in effect that were not in effect in 1950, and is located at the end of a cul-de-sac in Chesser's Gap. They are being reviewed by Masteller and Moler, John Hill and the St. John's River Water Management. He cited sidewalk and street light requirements that were not part of the original plat and read a portion of the settlement agreement dated January 16, 1992 between GDC and the City of Sebastian. There was some discussion about street lighting and sidewalks. Mr. Williams commented that widened roads and stormwater drainage relocation seems to be grandfathered in but he didn't think that covered street lights and sidewalks. Waiving them would be at the discretion of the City Council. Mr. Mosby commented that they are still waiting for some legal opinions in the matter of the subdivision assignees and their responsibilities. Mr. Johns praised Randy on the plans. He discussed the slope of the swales, hardpan, and perk tests. After some discussion, Randy stated that they would make the slopes .3. He also agreed to recheck the drainage in the cul-de-sac. Mr. Koford commented that the City has historically maintained their own drainage system when they have platted rights-of-way for drainage and street swale drainage. Normally, ffland is platted to the City and the City accepts it, then the City accepts the responsibility of it. The City does not accept responsibility for maintenance of drainage on private property. There was discussion on overhead power versus underground power. FPL makes it mandatory to have overhead power through the subdivision. The only questionable areas are the off-street roads. Mr. Williams questioned the applicant's interpretation of the GDC Agreement in reference to PLANNING AND ZONING COMMISSION REGULAR MEETING OF FEBR.U..ARY 15. 1996 PAGE issues other than roads and stormwater drainage, and the actual enforeeablility of said Agreement. Chron. Fischer suggested that some of these matters should wait to be presented to City Council. Ms. Kilkelly brought up the subject of a guardrall or signs, or some protection to prevent cars from driving into the lake at the end of the cul-de-sac. MOTION by Barnes/Johns I make a motion to approve the pre 'inninary plat for Harbor Point Subdivision to include drawings sheet 1 of 5, dated February 12, 1996, the Index of Drawings by Mosby & Associates, received February 12, 1996; sheet 2 of 5, which is called "Existing Conditions", dated February 12, 1996 for the Harbor Point Subdivision, I don~ see any revision date; sheet 3 of 5, dated February 12, 1996, tiffed "Horizontal Control", revision date of 1/19/96; sheet 4 of 5, entitled "Planning, Grading and Drainage Plan", dated February 12, 1996, also has a revision date of 1/19/96; sheet 5 of 5, entitled "Details", dated February 12, 1996, also a revision date of 1/19/96; the conditions would include the negotiations between the applicant and, I suppose City Council / City Attorney, relative to street lighting, sidewalks, as mentioned in the Masteller and Moler letter of February 6, 1996 to Ms. Jan King; also the underground utilities must be negotiated between the applicant and City Council/City Attorney; and I would like to include also, John Hill's letter of January 14, 1996, from John Hill to City of Sebastian, Ms. ~ Mr. Koford, Masteller and Moler, DevinRuflmell; and the signs at the end of the cul-de-sac as a condition. The Secretary, Dorri Bosworth asked if Mr. Barnes would make the motion."to recommend the approval to City Council"? Mr. Barnes agreed to amend the motion so, and was seconded by Mr. Johns. Roll call was taken. 7-0 motion carried. Chron. Fischer sugges~ a motion be made to put on the agenda the MODEL HOME PERMIT - CORNERSTONE BUILDERS- CONDITIONAL USE. MOTION by Thompson/Johns I so move. A voice vote was taken. Unanimous approval. Ms. King explained that this application is for a model home on Schumann Drive. Three notices were sent out, but some surrounding residents were not notified, so we did not place it on the agenda. Mr. Williams noted that 7 notices did not go out, and according to the ordinance, this requirement PLANNING AND ZONING COMMISSION ~ULAR MEETING OF FEBRUARY 15, 19~6 PAGE SEVEN is directional only and not mandatory. He suggested if the permit is granted, add the condition that if objection letters are received, that you would reschedule the hearing for subsequent consideration to allow the applicant to keep the model home open pending that subsequent hearing. Chmn. Fischer noted that this is to be a public hearing tonight, and we will follow the quasi-judicial process. Ms. King supplied parking design survey, and in the file, floor plan of the house. The applicant, Mr. Jim Buck, 118 Barnacle Place, Rocldedge, was present and sworn in according to quasi-judicial procedure. The public hearing was opened at 9:25 p.m. There was no public input and the public hearing was closed at 9:25 p.m. MOTION by Barnes/Johns I make a motion to approve the conditional use permit as a model home for Cornerstone Select Homes for lot 22, Block 462 in Sebastian Highlands, Unit 17, with the condition that if any of the notification letters come back with negative responses that we will hold an additional hearing to deal with that. Roll call was taken. 7-0 motion carded. ~P, RQVAL OF MINUTES: MOTION by Barnes/Thompson I make a motion to approve the minutes of january 18, 1996. Roll call was taken. 7-0 motion carded. RF.,CO~~A~ON TO CITY COUNCIL - REGUI~R MEMBER POfITION - TERM TO EXPIRE 2/99, ALTERNATE MEMBER POSITION - TERM TO EXPIRE 2/99 1 st applicant - Mr. Elmer Carpenter, 718 W. Fischer Circle in Sebastian. 2nd applicant - Mr. Dennis Powers, 632 Albatross Terrace, Sebastian. 3rd applicant - Mr. Kelly Mather, 733 N. Fischer Drive, Sebastian. Ms. Kilkelly withdrew her application. She will remain as an alternate member. PLUG ~ ZONING COMMISSION REGULAR MEETING OF FEBRUARY 15, 1996 PAGE EIGHT 4th applicant - Mr. Robert Pliska (already as alternate member) Chmn. Fisher announced that nominations would be taken for Regular Member position with the term to expire 2/99. Mr. Johns nominated Mr. Mather. Mr. Munsart nominated Mr. Pliska Roll call was taken. Mr. Barnes Mr. Pliska Mr. Johns Mr. Mather Chnm. Fischer Mr. Mather Mr. Schulke - Mr. Pliska Mr. Munsart Mr. Pliska Mr. Thompson - Mr. Mather Ms. Brantmeyer - Mr. Pliska 4 - 3 vote elected Mr. Pliska as recommendation to City Council for Regular Member position. MOTION by Thompson/Johns I so move. A voice vote was taken. 7-0 motion carded. Nominations were opened for the Alternate Member position. Ms. Brantmeyer nominated Mr. Powers. Mr. Johns nominated Mr. Mather. Mr. Barnes nominated Mr. Carpenter. Roll call was taken. Mr. Munsart - Mr. Powers Mr. Thompson - Mr. Mather Ms. Brantmeyer - Mr. Powers Mr. Barnes - Mr. Carpenter Mr. Johns . Mr. Mather Chnm. Fischer - Mr. Mather Mr. Schulke - Mr. Mather 4 - 2 - 1 vote dected Mr. Mather as recommendation to City Council for Alternate Member position. MOTION by Thompson/Johns I so move. A voice vote was taken. 7-0 motion carded. . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF FEBRUARY 15.1996 PAGE NINE CHAIRMAN MATTERS: None MEMBERS MATTERS: Mr. Thompson thanked the members for all their help during his membership. Ms. Kilkelly thank Mr. Thompson for all his guidance, as did Mr. Fischer. Mr. Thompson received good-byes from all members. The meeting was adjourned at 9:43 p.m. . . . Planning & Zoning Meeting of 2/15/96 RE: Harbor Point Preliminary Plat Chairman Carl Fischer: Let the record show that all the members are present. Our next order of business is a recommendation to City Council for a preliminary plat for a major subdivision, Harbor Point Subdivision. Randy: Randy Mosby, Mosby & Associates Carl: Staff, do you want to give a presentation on this. Jan King: No, I think the applicant, Randy, can probably give a better presentation on this. Randy: The last correspondence we have received from staff is dated February 6, 1996 from Masteller & Moler. What I would like to do is explain what the project is. This project is a subdivision, a portion of Unit 16. I would like to pass this around, it may not be in the package. This is a project that we could go to construct tomorrow without even coming here tonight. This is an existing platted subdivision that would contain 64 quarter acre lots and be approved for wells, septic tanks, roads through the original plat that was done by GDC. I would like to pass this around to show you what the piece of property looks like as it is currently platted and then I would like to go into what we are proposing. That is what is platted, and we are proposing 24 lots. The reason we are proposing 24 lots is because we want to upgrade the original design of GDC and also to meet the requirements of the roadway requirements and the drainage requirements that are currently in effect, which were not in effect when those 64 lots were ~riginally platted. Tonight we are bringing a proposal before you that only betters the use of the land that is currently platted for almost three times as many lots. Harbor Point has been designed in accordance with the current laws which have changed quite a bit since 1950. It has also been designed in accordance with the County's and the accepted thoroughfare plan of the City of Sebastian as to the Fleming Street extension. I am sure you are all real familiar with the project. It is at the end of the cul-de-sac of Chesser's Gap which is an extension of the thoroughfare plan which will eventually be extended further to the south and to the east. We have been working on this project since September/October of 1995. We have been reviewed continually by two consultants, Masteller & Moler and John Hill to insure by Masteller and Moler that it complies with the subdivision ordinances and by John Hill that it is going to comply with the program that the City Manager has established as part of the Master Stormwater Plan for the City of Sebastian. We have also been reviewed by st. John's River Water Management. Many meetings have been on I . . . site. We were notified yesterday that st. John's is getting ready to issue the required permit that brings this site into current conformance, not to the conformance of the original plat that GDC had. The only outstanding issues that I am aware of are with regards to certain subdivision requirements and again it is defined in the February 6, 1996, report from Masteller & Moler. "Provide a statement indicating a general description of the manner in which stormwater management system is being maintained and the entity responsible for." The entity to be responsible for the management of the stormwater system is going to be the city of Sebastian. This was defined and established in an agreement dated January 16, 1992, between the city of Sebastian and GDC. We have designed the stormwater management system as a separate tract from the subdivision which will treat and provide all the water quality requirements for the run off for the City's roadways, and for the additional runoff from the individual lots. Keep in mind, this system is designed for 24 lots vs. the 64 lots that were permitted previously. Item No. 10, the second comment from Masteller & Moler, the sidewalk shall be constructed on both sides of all collector and arterial streets. Again, referring back to the agreement of January 16, 1992, this particular parcel of land is not required to meet the current land development requirements of requiring sidewalks. The City entered into an agreement that any subsequent development of the properties in their agreement of turning over properties to the City of Sebastian were only obligated to meet the rules and regulations at the time that they were developed. Item No. 12 is to install street lighting. Street lighting was not required at the time of development of Unit 16. If you like, the only items, technical items, are legal items and these items, if not agreed to by this Planning and Zoning Commission, should be taken up with the City Council because it goes, I think, beyond the abilities of this Board to make legal opinion relative to agreements that were entered into the City of Sebastian and GDC. But I would like to read this and then I am going to quit talking and answer any questions relative to the subdivision. I think you have a subdivision that is in front of you that only enhances the community. We are providing half acre plus lots. We are preserving, Shirley, as many trees as we can. The roadways have been designed. We have done tree surveys. We have tried to make the alignment to save all the oak hammocks. I think that when you evaluate this subdivision relative to what the owner can do and when he bought this property he bought 64 lots that he could go build. He has vested rights and what we are doing is only improving a residential development within the City limits. I would like to read this and I am sure the City Attorney would like to comment on it, and I don't believe that the issues relative to the sidewalks, and street lighting can be resolved by this Board. It is going to have to be taken to City Council because I still haven't got, after many months of working with this City Attorney, we L . . . haven't got a formal opinion. We have requested it and we haven't got it. There is a dispute about whether the agreement the City has with General Development and its successors. This agreement goes to assignees. This land was purchased by an assignee, and this agreement is in effect as far as legally we can determine. As relative to the stormwater, the stormwater system as been designed to meet all the current standards and again has been accepted and reviewed by both John Hill and Masteller & Moler as being the current standards and meeting all the rules and regulations of St. Johns. Just to add and I will be real quick and read this and then will answer any questions. This is paragraph five out of the settlement agreement dated the 16th day of January, 1992 between GDC and the City of Sebastian and signed by the mayor at the time, Frank Oberbeck, Vice Mayor. It says, "Construction of uncompleted portions of Unit 16 and 17. The City hereby agrees that GDC and its successors or assigns at any time whatsoever in the future shall have the absolute right to develop the remaining unconstructed portions of the plats of Units 16 and 17 in accordance with the subdivision standards in effect at the time of Unit 16 and 17 as applicable where platted and the requirements of that certain agreement dated as of August 15, 1979 between the City and GDC (79 Agreement) and in no event shall any higher or different standards or requirements ever be imposed by the City in connection with or as a condition to the development of said Unit 16 or 17. Even if said Unit 16 or 17 or any portions thereof are replatted, no higher or different standards or requirements shall be imposed. Notwithstanding anything to the contrary contained in the foregoing, if any portion of Unit 16 or 17 are replatted and the purpose of replatting is other than the relocation of widened roads, or to relocate the stormwater drainage, the right of ways, and road and drainage requirements and standards in effect at the time of Unit 16 and 17, as applicable, were platted and the requirements of the 79 Agreement as for described shall be applicable. But the developer of said property, whether GDC or its successor thereof, shall otherwise be obligated to conform to all other applicable current standards or requirements." We are bringing to you tonight a project that meets all the standards except for the sidewalks and the street lights. Those are the only two comments that I have outstanding with your respectful consultants, Masteller & Moler and John Hill. Without any further staff report, we feel that we meet the intent of the code. If there is any questions about the sidewalks or lighting, I would respect that you put those as a condition of your motion and let us go to the City Council. Carl Fisher: So those are the two conditions, the sidewalks you are going to address at City Council and the lighting. Carl: Does the City Attorney want to address any of those comments as far as the code is concerned? Basically, Comment 3 . . . No. 4 has been addressed and the main one is the sidewalks which, the sidewalks through city Council that can be waived, only by City Council. And then, Comment No. 12 which is the street lighting. These. streets are going to be public streets and the City does have a public street lighting program with the posts. I don't know if that falls into the City's category. (To the attorney) Do you want to address these or do you want to wait till City Council to address them. Tim Williams: I can address them briefly now. As I read this agreement and without getting into whether the agreement itself is enforceable or not, I'm not sure that the City would want to fight enforceability of it and I'm not sure that the City is in any way unhappy with the agreement. My understanding is this is in fact a replat. stop me if I am saying something that is factually incorrect because I don't have a whole lot of the background in this. My understanding is that this is a replat of a portion of 16 or 17. The purpose is other than to relocate or widen roads, or to locate or relocate stormwater drainage. Therefore I think the standards that you are grandfathered in on would be the road requirements, the right-of-way requirements and drainage requirements. street lights and sidewalks, I'm not sure that I would say those are either road requirements or right-of- way requirements. However, I'm not sure that City Council might not want to waive them. Carl: But that could be at the discretion of City Council. Tim: Yes Carl: Let's start questions from the Board. Horry Johns: I commend you. Looking at this compared to what you could have built out there, there is about a thousand percent improvement. This should be nice if you all do a good job out there. In your drainage, John Hill have some good comments there on the slope of your swales. Your comment was that you agreed with that and you were going to the 30:100, but your plans show it all the way down to 12:100. Randy: The plans have been changed. The construction drawings have been changed to maintain the .3 percent. what's the date on those plans? Horry: These drawing are 12 of February. Randy: The final comments we got from John, I had a conversation with him and there is a few locations in some of the swales which drop down to about .2 to .12 percent. Those are being corrected and .2 is the accepted standard. This is a recommendation. ~ . . . Horry: I like .5. Randy: I think that John Hill has got his fill of swales in the City of Sebastian and .3 is a very very conservative slope. It is a recommendation, it is not a design standard. The .2 is a minimum, but .3 is what we are going to on this subdivision. Horry: .5 ~s a lot better in this type of situation. Randy: We have not problem. That raises the road from .1 to .2. Horry: Is there hardpan here like everywhere else where you won't get vertical drainage? Randy: There should be perk tests on there. We have done extensive soils testing. There is not hardpan on this particular site. Actually, the site is very well drained. If you are familiar with the site, when GDC built Unit 16, they dredged the canals that lead to the Elkham Waterway and there are spoil piles that go up, you can't hardly climb them they are up thirty feet. They are almost on a vertical slope. Horry: I couldn't get across. Randy: Those spoil piles has kept drainage from the site all the way from Chesser's Gap and everything and it kind of set on the site. The only bad material we have is right in the middle of the site which is a little bit of muck because there is no place for the drainage go when they built the spoil piles. We have already worked that out with st. Johns River Water Management. There is no hardpan there and it is actually a well-drained site. Horry: So you get a lot of vertical drainage here. Randy: Yes, we will. Plus the canals draw down. They draw down hydraulically. This is going to be one of your higher and dry sites. Horry: Normally it looks like you try to keep all your swales in the road right-of-ways and not get them on the property. Randy: That ~s correct. Horry: Except, what do you do on this cul-de-sac? Randy: You make the cul-de-sac the high end of the system. Horry: Well you haven't though, Randy. You've got water ~ . coming down to the cul-de-sac. You need to reroute. Randy: Temporary cul-de-sac. Horry: Your problem will be solved when you put the thoroughfare In. Randy: I will insure that we have the .3 percent slopes and look at the cul-de-sac. Horry: You went on record here that you were going to make them the .3. Your storage pond over here. What does that structure do? It leads right into a canal there? Randy: Yes. This property is completely surrounded by canals on three sides. The overflow from that structure is to the canal to the northeast corner. The canal goes all the way around (the subdivision). It shows up more on the existing conditions plan. ...(discussion of elevations of canals). walter Barnes: (Discussion of whether developer will build all homes or sell off the lots). In John Hill's letter of the 14th (January), Item 5, I'm making an assumption, correct me if I am wrong, that that item will be discussed between yourselves and the city Attorney for resolution? . Randy: That was also the same item, Walter, as Masteller's Items No. 4 about the responsibility of the stormwater system. Maybe the city Manager might want to address that. The stormwater management system is going to be constructed and permitted to handle city roadways and based on the Agreement with GDC, it is going to be completely turned over to the City of Sebastian. Joel might want to address that. That is the intent of the stormwater system. The other items such as sidewalks and lights are still up in the air. Walter: Joel, do you have any comment on that? Joel: The only comment I have, I don't know where ln the GDC Agreement it says that it be given to the City. We normally have historically maintained our own drainage system when we have platted rights-of-way for drainage purposes and streets swale drainage. What page are you on? John King: This is the recordable document it speaks of in the Agreement, the back part of the Agreement. . Joel: Normally any land that is platted to the City and the City accepts, the City accepts the responsibility with it. And I think that's always been the case. Whether or not that language is referring here to what Randy is saying, I'm not quite sure but that's quite normal. What the City does not do is it does not accept the responsibility for the maintenance of drainage on private property. ~ . Carl: So, real quick Joel, even if this agreement didn't exist, if you were to build a subdivision, the City would take it over if you deeded it to them or dedicated it to them. Joel: If the City accepts it, yes. Carl: And it were built to the standards and as normally what the City wants. Joel: We have accepted from GDC retention ponds allover the City on that same vane, that we maintain them. But, we also have the responsibility to make sure that for those that we do not accept for maintenance still conform to the requirements because at some point in time it is part of our master drainage system. Carl: Exactly. . Randy: I think where Joel is getting to is that the side lot swales, the private side lot swales and the private improvements that are done on the independent lots. In the document that we just furnished Joel, is part of the Agreement as to the future construction of Unit 16. It was signed by Vice Mayor Oberbeck. In paragraph three, the last sentence says, ..... if the appropriate government agency requires that any parcel of land in the Prior Plat be used for drainage purposes and such parcels has not already been designated for such purposes, GDC will convey such parcel to the City upon the condition that the City will assume maintenance and operation with respect to such parcel upon such conveyance." Joel: Randy has made a very important statement that I think is important. That is that if it is landlocked and its not going anywhere, and its a percolation pond, there is not responsibility on the part of the City to receive it or to accept it for maintenance. So if it is a holding retention pond and the City accepts it, yes. I make a distinction between and I'm not sure that distinction is interpreted within the GDC agreement and I would rely upon legal council to provide that final analysis. It just makes a lot of sense that if something is for the benefit of a few and does not inflect or have a part of our total system, it there shouldn't be any responsibility on the City to maintain it just as there shouldn't be any responsibility for us to maintain your back yard. . Randy: This particular stormwater system is not for a few individuals. This is part of the drainage system for the thoroughfare of the Fleming Street extension and the public right-of-ways. 7 ~ . . . 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Randy and staff point out that it is not an error... Mr. Pliska just misunderstood the dimensions. Randy: This project has been approved by H.R.S. Shirley Kilkelly: what is flood zone "X"? Randy: You are not in a flood zone. not in a 100 year flood. (Correction) You are Shirley: What does "Excavated in the wet" mean? Randy: It means no de-watering. Shirley: What does "Temporary de-watering" mean Randy: It means being able to get your equipment to the site to do it. De-watering comes into play when you are pumping off site or when you are pumping on site. Temporary de- watering is being able to take the hole over here and put a little water in here to get this dry so you can work here. Moving water around on the site. Shirley: On Sheet 2, there is an area that is marked jurisdictional staking. What is that all about? Randy: What I mentioned to you earlier is that the low point of the property has been submerged with water and we have a few little ferns which were required to be jurisdictional. There is no permit required. The Army Corps of Engineers permitting which considers those wetland plants and the St. Johns has signed off on that and we should have the permit. This is an Army Corps of Engineers permit. They defined a little wetlands because be have some ferns. Shirley: what happens to that when ... Randy: It is going to be filled. It is insignificant. It is not going to have any affect on the property. The United States government has signed off on it. The State of Florida is going to sign off on it. Shirley: No mitigation? Randy: No mitigation. It is less than a half acre. There are a couple little ferns out there. Carl: Don't say that sarcastically, Randy. Randy: I am saying it sarcastically. Shirley: Under required improvements, under 20A-17.2N it says that utilities must be underground. The question occurred to me that will that requirement come up in the same I . class as the sidewalks and other things that will be waived because of the agreement. Randy: Yes it will. Carl: That will have to be addressed. Randy: You want underground electric but where are you going to put your light poles? That would be part of the agreement and the same argument relative to sidewalks and street lighting. Joe: So you are going to have overhead power? Randy: By the current agreement between the City and and Joe: Regardless, the developer intends to have overhead power? . Randy: Yes. Fleming Street is mandatory overhead power. Florida Power and Light has told us that that is a main corridor transmission line. It is going to be overhead power from 512 south all the way to U.S. 1 when it is completed. So there is going to be overhead power through this subdivision because FPL says they cannot go underground with the main transmission line which is going to be the main feeder which comes through this corridor. The only portion we are talking about is whether or not the agreement of GDC applies to the off street road. But overhead power is mandatory through the site and that is by FPL. Tim: I am not sure I agree with Randy that you have automatically got an exemption. Randy: I haven't said we have an automatic. We are going to take it to Council. Tim: I don't think that is in the agreement. In other words, there are three areas that the agreement allows you to grandfather in. That is the requirements for roads, right of ways and drainage. Randy: I disagree with you Mr. Attorney. It goes on to say it talks about no higher or different standards or requirements ever to be imposed by the City in connection from what was imposed back when they platted Unit 16. And, underground power was not a requirement back in 1976. . Tim: You have a provision here that says if you replat a portion and the purpose of the replat is other than to relocate or widen roads, locate or relocate stormwater drainage, then the standards that you are left, the standards that remain are the right of way requirements, the road requirements and the drainage system. All other requirements Ie . it goes on to say... shall otherwise be obligated to perform to all other applicable and current standards and requirements. Randy: But, we contend that we are replatting to meet the current stormwater ordinances and to provide the roads required by the thoroughfare plan. The benefit the city is getting is that we are decreasing the number of lots. We are not doing anything else. The purpose of this subdivision is to meet the stormwater requirements because if you know and Joel will sit here because he is having to deal with it for the last couple years, the biggest problem in the Highlands is the drainage problems because they do not meet current standards. So in order to take this platted subdivision and meet current standards, we are having to do what we are having to do to provide a two acre lake. We are not doing anything more than changing the roads, changing the drainage and decreasing our lots. That is a benefit that we are giving back to the City. Tim: I am not trying to create an issue where there may not be one. If the question was do I agree with your interpretation of the agreement, the answer is not. But whether the City wants to make an issue of that, I kind of doubt it. I really think your purpose is a little more than that... . Randy: Hopefully these legal issues will be resolved before we go to City Council so we are not postponed. The feeling I get from the Board right now is that they like this project and that they need the support of City Council on the legal issues. Somebody needs to do their homework here between now next week. Tim: My opinion is not going to change but what I think you are going to be doing is going to City Council asking for them to waive those requirements on the basis of the good of the community. They do have the right to do that. Randy: So you are saying that is agreement is not in effect for the City is basically what you opinion is. Tim: No, we haven't even gotten to that point. The consideration as to whether or not the agreement is valid. I do have serious doubts about whether or not this agreement is enforceable but to this point I have never had any indication that the City did not intend to abide by this agreement. Randy: This could have some pretty major ramifications for the City, I would think. . Carl: We will let the City Council worry about that, those issues, and whether they want to be waived or so forth. II . Shirley: On Fleming Street, where it ends in the cul-de-sac, could some protection devices be erected their like a guardrail with lighting so someone doesn't go down the road and into the waterway. I would call it traffic control device. Randy: Has anyone run off the end of the cul-de-sac now? Carl: That is not saying they wouldn't. Randy: We have a cul-de-sac dead ended right now, for two or three years. Shirley: With the present cul-de-sac, they will just go off the road into the ditch, if the guardrail isn't there. But when Fleming Road is extended, they will go into the waterway. Randy: I've gone through three months, two consulting engineers reviewing these plans for technical standards, design standards. Carl: Would it hurt to put a fence up there? . Randy: I'm really not here to discuss the technical design of this. This City is getting out of hand. A guardrail? That is up to the owner to decide. Carl: Not a guardrail, a fence. Or three s1gns that say stop. Randy: I don't have a problem with doing this. We have gone to some many engineers over the last three months looking at this and they have no problem with it. We can add some s1gns. Shirley: Maybe they don't read the code book as thoroughly as I do. Randy: Well then why are you paying them all the big bucks? (laughter) Shirley: bulkhead, interior. Around the perimeter of this subdivision there is a I assume, and the drawings show a silt fence on the Randy: It is required by st. Johns to prevent erosion from going into the canals during construction. Shirley: I assumed that. . Randy: That is temporary. Carl: And then, what is permanent? Is it going to be a I~ . . . swale? Randy: No. We have worked with John Hill. bulkheads on this project. They want graded protective sod at the waterways. They do not want erosion Shirley: Are the bulkheads concrete or wood or what? Randy: There are no bulkheads. They don't want bulkheads in the city. They want the land provided, and this is all worked out with your consulting engineer, John Hill, he prefers to see those instead of having the city maintain bulkheads. Shirley: My concern ~s that when that land is graded, what is there to protect the bulkheads from damage? Randy: There is no bulkheads. Shirley: waterway. necessary. I didn't want to see a spill going into the So there is no bulkhead? My question is not Randy: It is graded to the proper slope to provide erosion protection such as sodding. carl: For long term, Randy, for runoff and everything, you are going to have a swale there anyway to catch water runoff from going into the waterway? Randy: You cannot direct water to run off into the canal. Horry: He has got the lots graded so the water goes the other way. Shirley: After development is not my concern. development when they are grading that a grade control. During could not Horry: That is what the silt ~urtain is in there for. It will keep that from happening. That is required. You have a good point, but that is required where you can't silt up that waterway. Tommy Thompson: I have had all my questions answered, and I didn't want to talk very much anyway. carl: I will entertain a motion and hopefully you will refer back to the engineers' comments and the pages and the dates on the letters. Walter Barnes: I will start it and if anyone wants to jump in if we miss anything. I make a motion to approve the preliminary plat for Harbor Point subdivision to include /3 . . . drawings Sheet 1 of 5 dated February 12, 1996, the Index of Drawings by Mosby & Associates received February 12, 1996; Sheet 2 of 5 which is called Existing Conditions dated February 12, 1996, for the Harbor Point Subdivision, I don't see any revision date; Sheet 3 of 5 dated February 12, 1996, titled Horizontal Control, and I don't see any revision date on that or do I, there is one revision date of 1/19//96; Sheet of 4 of 5 titled Planning Grading Drainage Plan dated February 12, 1996, that also has a revision of 1/19/96; Sheet 5 of 5 entitled Details dated February 12, 1996, also a revision date of 1/19/96. The conditions would include the negotiations between the applicant and both City Council and City Attorney relative to street lighting, and sidewalks, as mentioned in the Masteller & Moler letter of February 6, 1996 to Ms. Jan King; (comments from Carl) the utilities underground would also have to be resolved, negotiated between the applicant and City Council and City Attorney; and I would like to include, also, John Hill's letter of January 14, 1996, from John Hill to the City of Sebastian, Ms. King, Mr. Koford, Masteller & Moler, Devon Rushnell; and the signs at the end of the cul-de-sac as a condition. Horry: Second. Carl: Anything under discussion? Dorri Bosworth: Could you make that to recommend the approval to City Council? Carl: Isn't that what it is? Walter: that to I probably didn't say that. so read. Yes, I will change Horry: I will second that. Roll call: Mr. Thompson Ms. Brantmeyer Mr. Barnes Mr. Johns Chairman Fischer Mr. Shulke Mr. Munsart Yes Yes Yes Yes Yes Yes Yes Carl: It passed. Good luck. Randy: Do I need to submit drawings back to Joel on the slope on those couple little areas on the slopes. Carl: Yes, I would do it so there ~s no question. hppp.doc J~ 0001) City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY9 FEBRUARY 15, 1996 7:00 P.M. 1. CULL TO ORDER. 2 . ROLL CALL. 3 . ANNOUNCEMENTS . 4. APPROVAL OF MINUTES: Regular meetings of January 18, 19961 and February 11 1996. S. OLD BUSINESS: 6. NEW BUSINESS: Public Hearing - Home Occupational License - 120 Columbus Street - Frank Rohr, Jr. - Tax Return Preparation Public Hearing - Home Occupational License - 119 Landover Drive - Lyle Presse - Mail Order Business Public Hearing - Home Occupational License -1549 Haverford Lane - Bob Moore - Nature Guide Service Accessory Structure Review - Section 20A -5.7.D.7 1. 272 Fleming Street - Mr. Joe Chapman 2. 949 Potomac Avenue - M/M Harber 3. 1088 Persian Lane - M/M Crockett Recommendation to City Council - Regular Member Position - Term to expire 2/99 Alternate Member Position - Term to expire 1/99 Recommendation to City Council - Proposed Plat for Minor Subdivision - God's Little Recommendation to City Council Subdivision - Harbor Point 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: 10. STAFF MATTERS: 11. ADJOURNMENT. Acre - Preliminary Plat - Major Subdivision 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. em*bAy