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HomeMy WebLinkAbout09-17-2020 PZ AgendaLmlY - - - 6-0j"a HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, SEPTEMBER 17, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of August 20, 2020 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex-parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing - Recommendation to City Council - Subdivision Preliminary Plat - Cross Creek Lake Estates Addition - 25 Acres, 24 lots - Powerline Road/Yearling Trail - VLDR Future Land Use (Very Low Density Residential, 3 units per acre maximum) - RS-10 Zoning District (Residential Single -Family) 7. UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ADJOURN DUE TO HEALTH CONCERNS REGARDING CORONAVIRUS, ALTERNATIVE METHODS WILL BE IN PLACE FOR THE PUBLIC TO PROVIDE INPUT REGARDING THIS MEETING. INTERESTED PARTIES MAY CONTACT THE CITY AT 772-388-8226 OR E-MAIL QUESTIONS AT COSTV@COSTV.CITYOFSEBASTIAN.ORG OR MAY VISIT THE CITY'S WEBSITE AT httD://www.citvofsebastian.ore/public-inDut-methods. However, the public is advised to check the City website for up-to-date information on any changes to the manner in which the meeting will be held and the location. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN 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 THIS MEETING. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www. citvofsebastian. oro unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule N 1. 2. 3. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES AUGUST 20, 2020 Call to Order -- Acting Chairman Roth called the meeting to order at 6:00 p.m. Pledae of Alleaiance was recited by all. Present: Mr. Roth Mr. Christino (a) Mr. Simmons Mr. Qizilbash Ms. Kautenburg (a) Mr. Hughan Mr. Carter Not Present: Mr. Reyes -- Excused Mr. Alvarez -- Excused Also Present: Ms. Lisa Frazier, Community Development Director Ms. Dorri Bosworth, Planning Manager Mr. Manny Anon, City Attorney Mr. Kelley Klepper, Kimley-Horn & Associates Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Technical Writer (via Zoom) Ms. Mara Schiff, Indian River County School Board liaison, was not present. 4. Announcements and/or Agenda Modifications a: cu E H E a. E I: 0 �Co C r Q ® o e t a ac r� N Q ¢ co Mr. Roth announced that Mr. Reyes and Mr. Alvarez are excused, and voting in their places will be Ms. Kautenburg and Mr. Christino. 5. Approval of Minutes -- Meetings of July 30, 2020 and August 6, 2020 Mr. Roth stated that approval of those Minutes would be addressed separately. As Commissioners have had an opportunity to review the Minutes from both meetings, Mr. Roth asked if any of the Commissioners had any changes or corrections to the Minutes of July 30, 2020. Hearing none, he called for a motion. A motion to approve the Minutes of July 30, 2020 as presented was made by Mr. Simmons, seconded by Mr. Carter, and approved unanimously via voice vote. Mr. Roth then asked if the Commissioners had any changes or corrections to the Minutes of the August 6, 2020 meeting. Hearing none, Mr. Roth called for a motion. A motion to approve the Minutes of August 6, 2020 as PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF AUGUST 20, 2020 presented was made by Mr. Carter, seconded by Mr. Hughan, and approved unanimously via voice vote. 6. Quasi -Judicial and Public Hearings -- None 7. Public Input -- None Mr. Roth explained that matters not listed on the agenda could be addressed by the public at this point. He stated that there would be time for public input following the discussion of each of the elements reviewed this evening. 8. New Business A. Review of Proposed 2040 Comprehensive Plan Elements -- Goals, Objectives and Policies & Updated Data and Inventory Analysis (5.) Conservation & Coastal Management Element a. Power Point Presentation by Kimley-Horn and Associates Mr. Roth called on staff to make their presentation. Ms. Frazier stated that this evening the Commission will be reviewing the final two elements of the proposed 2040 Comprehensive Plan. She thanked the members of the Commission for their time and dedication in reviewing this proposed Comprehensive Plan over the past several months. She explained that this Commission will be reviewing the entire proposed Plan before it goes to City Council for their approval. She reviewed that on the City's website there is a specific page dedicated to the proposed Comprehensive Plan. It contains all the elements that have been reviewed so far as well as the PowerPoint presentations, the strikeouts, and the additional supplemental information. She noted that the public can review what has been presented and discussed so far regarding the Plan, and any comments from the public can be submitted to the Community Development Department for potential inclusion in the document. She pointed out that what had previously been two separate elements regarding conservation and coastal management have been blended into one element, since there was much overlap of what was addressed in both those elements. Ms. Frazier then introduced Mr. Klepper from Kimley-Horn and Associates. Mr. Klepper made a PowerPoint presentation (SEE ATTACHED) addressing the Conservation & Coastal Management Element of the proposed 2040 Comprehensive Plan for the City. He explained how each of the elements is related to the others and stated that this element is a priority for the City. Also covered was how this element impacts the future growth and development of Sebastian. He emphasized the importance PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF AUGUST 20, 2020 of addressing green infrastructure and sustainability. The City's policies have been strengthened in this Plan as they relate to coastal high hazard. Also added is wording that protects the City's coastal environment, including wildlife and habitats. Surface water and wetlands are also important matters that are covered as well as a septic -to -sewer component. Emergency management and post -disaster redevelopment are addressed, especially as they relate to hurricanes, fire responses, pandemics, bandwidth, and Wi-Fi capabilities. Mr. Klepper called for questions or comments from the Commission members. Mr. Qizilbash: • Asked, when a developer presents with a large project, who reviews the project to determine that these policies are adhered to. Mr. Klepper stated that a lot of these policies are enforced by the City's Land Development Code, which compliments the Comprehensive Plan. Ms. Frazier stated that it all depends on the project as to who is involved in making these decisions, and she cited examples. Mr. Christino: • Addressed Sebastian's waterfront, a lot of which is commercial, in the case of a catastrophic event and rebuilding in that area. He opined that there is a conflict with FEMA standards that would require that these buildings be raised, which is incompatible with the City's current height restrictions. He asked what system the City has to assist the business owners and homeowners with rebuilding in the event of a catastrophic event like a destructive hurricane. Ms. Frazier stated that the City would have to adhere to FEMA standards in a case like that. Mr. Anon agreed. Mr. Qizilbash opined that, if the structure has been grandfathered in, it can be rebuilt as it existed before the damage. • Regarding the Land Use Element, the strikethroughs on the description of the soils that describe wetlands and vegetative species were discussed previously, and staff stated that that subject would be addressed in the Conservation and Coastal Management section of the Plan. He stated that the soil section in the proposed Plan is nowhere near as specific as what was struck out. He could not locate this subject in the Land Development Code. Ms. Frazier explained that the wetlands definition was established by the US Army Corps, and that same definition is used across the board. She stated that the wetlands are not regulated by the City but are handled at the state level. She also stated that the City demands a buffer between a development and the edge of the wetlands in order to preserve the wetland system. Mr. Christino stated that the language addressing the wetlands and the different soil types was set forth in much more detail in the 1999 Plan than what is in the proposed 2040 Comprehensive Plan, and he would like to see that same language in this 2040 Plan. Ms. Frazier stated staff will see to it that it is included. Mr. Carter: PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF AUGUST 20, 2020 • Commented on the septic -to -sewer situation. He opined that it is very important to the future of the City. He recalled that it was addressed in an earlier element. Mr. Klepper stated that it is addressed in the Infrastructure section, and there are also cross-references with Indian River County regarding that program. Mr. Carter stated he is glad to see that it is referenced in a couple different places, as it is a particularly important concern for the City going into the future. Ms. Kautenburg: • Regarding how quickly technology is changing, she questioned if there is anything in the document that will allow for technologies that could supersede what is being done presently. Mr. Klepper stated that some of the references to specific technology were taken out of the proposed Plan for that very reason. Some of the technologies in the new Plan are addressed as "best management practices" and "low -impact development." He also stated there is nothing that says the City cannot review and update its Comprehensive Plan on an ongoing basis. Ms. Frazier cited examples. Mr. Roth: • Regarding post -disaster redevelopment, he understands that there will be several people involved in the post -disaster redevelopment, including City, County, and even State officials. He questions how this will work and who will be the lead on it. Ms. Frazier stated there is already a post -disaster redevelopment plan in force in the City, as well as coordination with the County. She reviewed that City personnel from the City Manager on down will address what needs to be done. The wording in this proposed Plan is just summarizing what is already in place. Ms. Frazier will go back and ensure that this wording does not conflict with the City's emergency management plan. • In the section that mentions hurricane vulnerability zones, he is asking if manufactured homes should be listed in addition to mobile homes. Mr. Klepper stated staff will check the Code on that question and confirm it. • Addressing flood zones, he wonders if the crosshatched area discussed in the Plan is still in dispute. Ms. Bosworth reviewed that in 2012 when the new assessment map was received, there was a new levy policy. At that time, FEMA had not agreed on a levy policy. There is a levy in that area that goes into Vero Lake Estates that comes from some of the agricultural property, and that has been in dispute since 2012. They are close to coming to a decision on that, and they will be able to establish what zones are applicable. Ms. Frazier explained that when this Commission adopts the proposed Plan, it is not necessarily adopting the data. When it comes time to adopt the policies and objectives, the most current map will be used. Hearing no further questions/comments from the Commission, Mr. Roth called for public input regarding the Conservation and Coastal Management Element of the proposed PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF AUGUST 20, 2020 Plan. There being none, Mr. Roth asked staff to make their presentation on the next item on the agenda.. (6) Parks, Recreation & Open Space Element a. PowerPoint Presentation by Kimley-Horn & Associates, Inc. Mr. Klepper made a PowerPoint presentation addressing the Parks, Recreation and Open Space Element (SEE ATTACHED). He explained the difference between parks, recreation, and open spaces. He pointed out that the City undertook a fairly intensive analysis as part of a Parks, Recreation, and Open Space component. Part of what he covered was a sort of master plan for the parks, recreation, and open space areas, which looks at what will be necessary for these facilities short- and long-term. Another subject that is covered is a sustainable park design. Another subject that was addressed is Crime Prevention Through Environmental Design, which studies cost-effective methods of improving visibility in the parks. A land development plan was also discussed as well as a plan for developing green infrastructure and improving public access by connecting the parks and facilities as well as implementing a waterways component. Mr. Klepper called for questions or comments from the Commission on this element. b. Discussion facilitated by Consultant and Staff Mr. Simmons: Regarding a change from Capital Improvements to what is entitled Governance and Implementation, he asked for a definition of Governance and Implementation. Mr. Klepper explained that Mr. Benton, Leisure Services Director, requested that be included in the proposed Plan so that any parks projects over a certain amount are included in the Capital Improvements Plan so that they are being tracked as a fiscal component. The section addressing access to the Indian River Lagoon and tributaries was crossed out. He questioned whether that subject is under another heading. Ms. Frazier stated that wording was moved. She stated she will verify that the language is contained in the proposed Plan and get back to the Commission on where it appears. Mr. Klepper added that staff is creating a tracking spreadsheet on every existing policy that is in place and where its disposition is in the proposed Plan so that it can be presented to the State Land Planning Agency. Ms. Kautenburg: • Is happy to see the implementation of a master plan for parks. • Regarding access to parks and facilities, although provisions have been made for the handicapped, those provisions are not always accessible. She suggested that more thought be given to this subject. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF AUGUST 20, 2020 • On the subject of citizen outreach, she suggested that online there be a facilities map of all the parks in the City, what might be available in any particular park, and where it is located so that the public is able to find where those different facilities are located. • Regarding Hardee Park, she stated that park has practically no facilities, and she suggested that maybe the City needs to look at higher utilization of some of the parks in the City that are relatively unused. • When improving parks or facilities, she suggested installing native plants with nameplates identifying each plant in an effort to educate and encourage the public to utilize native plants. • Addressed the impact fees for every building or facility that is dedicated toward parks and recreation. She queried whether developers could get credits for things they might install in their own developments or encourage developers, rather than using their own property, to upgrade parks that are already present in the City. Ms. Frazier reviewed that there is already in the Land Development Code the condition that each developer needs to set aside a certain amount of land based on a formula for recreational purposes, and they do get credit for providing certain recreational facilities for the residents. Mr. Hughan: • Regarding the boat ramps, there is wording in the document that assigns one boat ramp per 12,500 residents. He reviewed that Sebastian has 25,000 residents, and he questioned the wording in that section. Ms. Frazier explained that the state sets these standards, but she will look into the numbers that are set forth. • Asked whether there is a plan to build another boat ramp along the river somewhere with parking. Ms. Frazier said that, to her knowledge, there is no plan for another boat ramp. Mr. Roth agreed that another boat ramp would be a great asset, but there is not much frontage along the lagoon. He suggested investigating the matter to see if another boat ramp would be possible without inconveniencing other citizens by adding to the parking on US-1. Mr. Christino: • Agreed wholeheartedly with Mr. Hughan regarding the boat ramps. • Has had several requests for kayak launches in the City. He suggested that the Crabby Bill's property appears to have tremendous potential for that type of recreation activity • Questioned the strikethrough where it stated, "The City shall promote the development and maintenance of the nature trails at..." and Schumann Drive is crossed off. "... and the City shall also provide receptacles for recycling at all City parks" has also been crossed off. He asked if the City is not maintaining the trails at Schumann Drive. Ms. Frazier explained that Schumann Drive Park is the same as Kildare Park. As to providing receptacles for recycling at all City parks, Ms. Frazier stated that is an expensive endeavor, so staff did not want to use the word PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF AUGUST 20, 2020 "shall." She stated that elsewhere in the document it is stated that the City will promote recycling. Staff will look into that as to where recycling is appropriate. There are recycling receptacles at Riverview Park. Mr. Christino suggested that signage with wording about not littering could be installed at the parks. Mr. Qizilbash: • Reviewed that at a previous meeting on the Comprehensive Plan, infrastructure and the level of service standards were discussed for the parks. He would also like to see the level of service standards set forth as to sidewalks and streets. Mr. Roth: • Is pleased with the way the Plan is written with regard to sustainable development concepts because that is where the City needs to be focusing. • With regard to utilization and agreement with City and County schools and being able to have a joint -use agreement between the City and the Indian River County School Board, he is happy to see that addressed in this proposed Plan. C. Public Input Mr. Roth called for any public input regarding the Parks, Recreation, and Open Space Element. Victor Young, Ash Street, Sebastian. • Is glad that there are different data being used for different facilities according to the population using those facilities. He discussed that there is a part of the City's population that is not being addressed, and that is handicapped children. There are no parks in the City that accommodate handicapped children using the swings or other facilities that are within the parks. He asked if that could be addressed. Mr. Roth suggested that subject might fit in with the fact that Hardee Park is very large and has a great deal of wide-open space. Dr. Graham Cox, Sebastian. • Commented on the care and work that have gone into this proposed Comprehensive Plan regarding conservation and recreation issues. He addressed the use of native trees and plants at City Hall and at the Garden Club Park as setting a good example. He suggested encouraging the residents of the City to plant native species in their yards and replace their grass with native species. • Regarding the schools and using the schools as community centers, he stated that the Pelican Island Audubon Society has been running programs in the south part of the County taking science to the schools by bringing students to Audubon House. The Society is looking for ways to get the students outdoors and is emphasizing the "nature deficit disorder." His group would be happy to work with the City in trying to implement more of that activity. The Audubon Society has PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF AUGUST 20, 2020 teamed up with Pelican Island Elementary School to collaborate on designing a five-year environmental education action plan. All of these ideas go towards making Sebastian a livable, sustainable city. d. Next Steps Mr. Roth asked if staff has anything further to discuss. Ms. Frazier stated that the next steps will be that in September the proposed 2040 Comprehensive Plan will be finalized, incorporating all the comments that have been received by the Commission and the public. Staff will ensure that whatever changes and/or additions are made to the present draft will be underlined and identified so that it will be easily seen where those changes and/or additions are included. In October, staff plans to meet again with the Commissioners and review the final recommendations from this Commission before the document is presented to City Council. The meeting(s) will be open to the public for their input in accordance with public hearing records. She asked the Commissioners to express whether they think two public hearings are necessary or one would suffice. Ms. Frazier stated that staff is planning on having a workshop on the Plan prior to City Council approving the Plan. Upon approval by City Council, the document will be sent to DEO, and DEO will have 30 days to review the entire Comprehensive Plan. In 30 days DEO will send it back to City Council who will then have 180 days to take it up again and finalize it. It was the consensus of the Commissioners that one meeting will be sufficient. Mr. Klepper stated there will be a spreadsheet included which will highlight the changes and/or additions that were incorporated in the final document. Ms. Frazier is suggesting October 15th as the date for this Commission to finalize this Comprehensive Plan. She stated the Commissioners will have the final draft for review two weeks before October 15th. 9. Old Business -- Discussion of the Land Use Element and Housing Element Data Ms. Frazier reviewed that at the last meeting of this Commission the members were concerned about the data that were presented in the proposed Comprehensive Plan. She explained where the data came from and what data are acceptable in a comprehensive plan in order to use as reference for the policies included. Ms. Frazier referred to the Land Use Element and Housing Element data which were included in the packet for this evening's meeting. She also included Mr. Carter's input referencing Zillow and Realtor.com. Mr. Klepper added that after the prior meeting, his staff reached out to other colleagues across the state as well as current and former employees of the Department of Economic Opportunity regarding the use of Zillow and other services who stated that the use of those services could be used as supplemental data, but that information was not recognized methodology as it relates to housing. Ms. Frazier stated she would include that supplemental data in the proposed Plan if the Commissioners want. She stated that she has received input from members of the public who state that housing in Sebastian PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF AUGUST 20, 2020 is not affordable for the "missing middle." She asked for direction from the Commissioners as to what they would like to see added to the document regarding affordable housing in Sebastian. Mr. Christino suggesting using the actual data from sales over the last year in the City. Mr. Klepper stated that the Property Appraiser does not look at sales but at the value of every single structure. He stated there are methods for getting affordable housing such as governmental programs, density, building heights, and thinking outside the box for land use as it relates to housing. Mr. Roth asked if using the market information from Zillow or others is going to cloud the issue in the Comprehensive Plan by putting another set of figures in with regard to the State reviewing it for approval. Mr. Klepper said that the State is going to be reviewing it from the goals, objectives, and policies set forth by using acceptable data. Ms. Frazier stated that the information contained in market analyses is used from the City as well as the surrounding area. Ms. Kautenburg stated that if the data is used from outside the City's zip code, which is 32958, it is not relevant. She believes that auxiliary information should be used because it is her opinion that the approved information is categorically faulty. She gave examples of the price of housing and the cost of renting in Sebastian. She opined that there is not affordable housing in the City, and nothing has been done to obtain it, and if correct figures are not used, the City will never get it. Mr. Klepper stated there are different ways to obtain affordable housing in communities, and he cited some examples. After extended discussion, it was the consensus of the Commissioners that the supplemental data be included. Mr. Roth suggested that the staff put together a draft of the supplemental data and send it to all the Commissioners for their perusal. 10. Commissioners Matters Mr. Simmons thanked the recording secretary who covers and transcribes these meetings. Mr. Carter thanked staff and Mr. Klepper for all their work on this project. Mr. Roth asked if there is prioritization of the parks as to which ones could be developed. Ms. Frazier stated that with a park master plan the City will be able to identify which parks should be prioritized. She stated that as far as she knows there are no plans to develop the open spaces in the City, and there are no plans for acquisition of additional land. 11. City Attornev Matters -- None PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF AUGUST 20, 2020 12. Staff Matters -- None 13. Adiourn There being no further business, Mr. Roth adjourned the meeting at 8:24 p.m. A M OF S;E;AST,- HOME OF PELICAN ISLAND Growth Management Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Cross Creek Lakes Estates Addition Subdivision 2. Requested Action: Preliminary Plat approval for 24.4 acre subdivision 3. Project Location a. Address: In the vicinity south of Barber Street and west of Schumann Drive - along the approximate SW corner. of Yearling Trail, adjacent to the Cross Creek Lake Estates Private Subdivision, along a future street to be named 'Flags Path'. b. Legal: A meets and bounds legal description describing the area for development was provided by the surveyor and is enclosed as Exhibit 'C' in this staff report. C. Indian River County Parcel Number: 31-39-30-00000-5000-00002.0 4. Project Owner: Henry A. Fischer Cross Creek Addition Inc. P.O. Box 780068 Sebastian, Florida 32958 (772) 589-3159 fax: (772) 589-7731 5. Project Agent: Same as Engineer 6. Project Engineer: Mr. Tahir H. Qizilbash, P.E. 103 Barbara Court. Sebastian, Florida 32958 (772) 589-6879 fax: (772) 388-0428 7. Project Surveyor: William B. Zentz & Associates 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-1751 8. Project Description a. Narrative of proposed action: Mr. Henry A. Fischer is seeking approval of a 24.4 acre tract to be split into 24 residential lots (See Exhibit 'B').The approximate location of the proposed development is in close proximity of previously approved residential subdivision known as Cross Creek Lakes Estates. The property is currently designated VLDR (Very Low Density 3 units/acre) and correspondingly carries a zoning of RS-10, Residential Single Family use designation. The proposed Cross Creek Lakes Estates Addition is proposed to contain 24 single family residential lots with minimum lot size of 16,000 SF; thus a proposed density of 1.02 units/acre, which is below the 3 units/acre permitted within the VLDR category. The proposed project also includes future improvements, including a secondary emergency access along the western end of Yearling Trail, and storm water retention improvements located on and around the subject property. b. Current Zoning: RS-10 C. Adjacent Properties Zoning North: RS-10 East: RS-10 South: A-1 West: A-1 d. Site Characteristics (1) (2) (3) (4) (5) (6) (7) (8) (9) Current Land Use Single Family/Vacant Single Family/Vacant Vacant Reside ntialNacant Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: 24.4 acres Vacant Future Land Use VLDR VLDR R (County) R (County) Oldsmar, Pepper Mostly cleared, Oak, Pine, & Palm Zone X Water Service: Indian River County Utilities Sanitary Sewer Service: Indian River County Utilities Parks: Barber Street — 3/4 mile Police/Fire: Sebastian Police — 4 miles County Fire — % 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: Cross Creek Lakes Estates Addition b. vicinity sketch: Provided C. legal description including section, township and range: provided by survey (See Exhibit 'C') d. north arrow graphic scale: Provided e. date of preparation Provided — August 2020 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: N/A i. statement that they will join in the dedication: Provided j. name, address, and registration number of engineer: Provided as listed above k. name, address, and registration number of surveyor: Provided as listed above I. 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 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 11. 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: N/A V. comprehensive storm water 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 xxii. commercial and industrial subdivisions: N/A xxiii. mobile home subdivisions: N/A j. schedule of multiple phases: not applicable 12. Fee paid Provided 13. City Engineer's review: Construction Drawings and Plan review will be reviewed by the City Engineer as required prior to release of construction permits. Additionally, plan details concerning construction of the emergency access will be required prior to final approval of the proposed subdivision. 14. 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 a singular point of ingress and egress for the Cross Creek Lakes Estates Addition at the intersection of Flags Path and Yearling Trail at the northernmost center of the property. Public means of ingress and egress may be located along the same arterial or collector street so long as said points are separated by a minimum of 1,000 feet. The subject property must include an emergency entrance along the south-western corner of Yearling Trail intersecting onto Shakespeare Street to meet this requirement, and will be required to be completed prior to any final certificate of completion for the newly created subdivision (See Exhibit 'A'). The Cross Creek Lakes Estates Subdivision will be responsible for the maintenance of the Emergency Access Entrance- it should be noted that as Shakespeare Street does not meet the current standards, the emergency access shall remain as such, with the provision that it must be improved to become a secondary entrance/exit when Shakespeare Street is modified to meet current standards. The Board may wish to mandate that the emergency access entrance have "improved landscaping", along with a fence with an approved gate that matches similar finishes and landscaping already found at the perimeter of the site. The applicant has submitted an environmental report, there does not appear to be any gopher tortoise or scrub jay habitats affected within the proposed development area. The applicant is also seeking an adjustment from Article 19- Subdivision Land Development Regulations (Specifically, Section 54-4-19.11) for a Street Light requirement along the proposed street to be named Flags Path. The owner has placed provisions requiring property owners to place and maintain a lamp post on each developed property that is activated by a photo cell. The lamp -post must be kept operational and placed on private property as dictated by the proposed covenants and restrictions for the newly created subdivision. It shall be the individual homeowner's responsibility to maintain each lamp post. A copy of the proposed covenants and restrictions outlining the use of lamps posts for the proposed subdivision is enclosed with this staff report (See Exhibit 'D'). The applicant is seeking an adjustment from Article 19- Subdivision Land Development Regulations limiting the length of a cul-de-sac from 600'. The intent of the Land Development Regulations limiting cul-de-sac length was to ensure fire department access to all properties, and was limited by the amount of hose length, which at the time the Land Development Regulation was adopted, was limited to 600'. As the proposed subdivision has two (2) fire hydrants, one proposed on the SW corner of Lot 21, and the other at the SW corner of Lot 15, Staff feels that the entire subdivision has adequate fire protection, and thus can support the cul-de-sac length to exceed the 600' limitation. The proposed roadway and cul-de-sac for Flags Path is approximately 1020' in length. 15. Analysis: The property is currently designated VLDR (Low Density 3 units/acre) and correspondingly carries a zoning of RS-10. The property is vacant, and is slated for subdividing to permit residential units along the perimeter of the property. Cross Creek is proposed to contain 24 single family residential lots with minimum lot size of16,000 SF lot size, thus a proposed density of 1.02 units/acre, well below the 3 units/acre permitted within the VLDR category. 16. Conclusion: The proposed Cross Creek Lake Estates Addition Subdivision 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. 17. Recommendation: Staff recommends that the Commission recommend approval to City Council the Cross Creek Lakes Addition Subdivision Preliminary Plat with the following conditions: Construction of an emergency access entrance will be required at the western end of Yearling Trail & Shakespeare Street prior to final certificate of completion for the Cross Creek Lake Estates Addition Subdivision. The emergency access area shall be reviewed and approved by the City Engineer & City staff, and submitted as a part of the Construction Plan set for Cross Creek Lakes Estates Addition. The emergency access area shall match material finishes and landscaping material similar to those items already found at the site. The maintenance of the emergency access entrance shall be the responsibility of the Cross Creek Lakes Estates subdivision. The emergency access must be converted to a secondary point of ingress/egress for the EXHIBIT `C' LEGAL DESCRIPTION: FROM THE CENTER OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA, RUN 89 DEGREES.32'01" WEST ALONG THE NORTH BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION 20 A DISTANCE OF 1163.97 FEET TO THE POINT OF BEGINNING: THENCE RUN SOUTH 00 DEGREES, 9'57" EAST A DISTANCE OF 1336.24 FEET TO THE QUARTER -QUARTER -LINE; THENCE RUN SOUTH 89 DEGREES 50'01"WEST ALONG SAID QUARTER -QUARTER LINE A DISTANCE OF 835.12 FEET; THENCE RUN NORTH 0 DEGREES 5'51" WEST A DISTANCE OF 1331.88 FEET TO THE NORTH BOUNDARY OF THE SOUTHWEST QUARTER; THENCE RUN NORTH 89 DEGREES 32'01" EAST A DISTANCE OF 833.55 FEET TO THE POINT OF BEGINNING. EXHIBIT `D' COVENANTS AND RESTRICTIONS: As recorded in the public Records of Jeffrey R. Smith, Clerk of Court, Indian River County FL, Book 2665, Page 1264, Page 1 of 91. "SECTION 15. POST LAMP. Each Lot on which there is a Residence shall have a post lamp located in the front yard. The post lamp shall be installed prior to the issuance of the Certificate of Occupancy for the Residence. The post lamp shall be operated by a photo cell. The post lamp is required to be lighted during all non -daylight hours. The location and intensity of the light shall be subject to approval of the Architectural Control Committee". 9- DATE r ermit Application No. n" l ! City of Sebastian HOME0'_ LII".ANISLAND Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Henry A. Fischer Address: J 10725 US Highway 1, Sebastian, Florida 32958 j Phone Number: ( ) - FAX Number: ( } - (772) 589-3159 (772) 589-7731 j E-Mail: f hfischer@wedigflorida.com Owner (If different from applicant) Name: SAME AS APPLICANT Address: Phone Number: ( ) - FAX Number: E-Mail: Title of permit 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): B. Site Information Address: Yearling Trail, Sebastian, Florida 32958 (Addition to Cross Creek Lake Estates) Lot: Block: Unit: Subdivision: Indian River County Parcel #: 31-39-30-00000-5000-00002.0 Zoning Classification: Future Land Use: RS-10 Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): Preliminary Plat for Cross Creek Lake Estates Addition DATE RECEIVED: 'S/ 112 FEE PAID: $ RECEIVED BY: AD C r,;rmit Application No. f D. Project Personnel: Agent: Name: Henry A. Fischer Address P.O. Box 780068, Sebastian, Florida 32958 Phone Number: ( ) - FAX Number: (772) 589-3159 E-Mail: hfischer@wedigflorida.com Attorney: f Name: Warren W. Dill (772) 589-7731 Address 1565 US Highway 1, Sebastian, Florida 32958 Phone Number: ( ) - FAX Number: ( ) - (772) 589-1212 (772) 589-5212 E-Mail: wdilidelaw@bellsouth.net Engineer: Name: Tahir H. Qizilbash, P.E. Address 103 Barber Court, Sebastian, Florida 32958 Phone Number: ( ) - FAX Number: ( ) - (772) 589-6879 (772) 388-0428 E-Mail: Surveyor: Name: W. B. Zentz & Associates, Inc. Address 684 Old Dixie Highway, Vero Beach, Florida 32960 Phone Number: ( ) - FAX Number: ( ) - (772) 567-7552 (772) 567-1751 E-Mail: billz-wbz@comcast.net 1 Warren W. Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill WHO IS PERSONALLY KNOWN TOME OR PRODUCED rile._ AS IDENTIFICATION, THIS DAY OF G"gr A -a 20� SHERD NOTARY'S SIGNATURE PRINTED NAME OF NOTARY �i,,,.o� illl SL,P�1r„rad(t�=O�p4GH3 COMMISSION NO./EXPIRATION SEAL: s ®° #GG p48382 �20 pondedla�'°��' p� f r•ermit 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. IN1/E, _ THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. J r I&JA-TURE DATE Sworn to and subscribed before me by Warren W. Dill who is personally known to me or pred .ced nl a as identification, this a5 day of 20��. Notary's Signatureu...�-7-7"4er.L, Printed Name of Notary „r I d \\>>>1111041BBBBBB/����0 Commission No./Expiration J �e G��p M. Sy�CReii,%, Seal: �QgcH Z_Z0 �G W82 *' a .d ��9�yA yA 611c ynder" -e`y4� ��