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HomeMy WebLinkAbout04151998DRAFT City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICiAL HEARING(S) WEDNESDAY, APRIL 15, 1998 - 7:10 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:10 p.m. The Pledge of Allegiance was recited, and a moment of silence was conducted. ROLL CALL Cil3' Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob 'Massarelli Chief of Police, Randy White Deputy City Clerk, Sally Maio Special City Cguncil M(~gitilg Page Tw'o~ ~d ~.s, 98.088 QUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTIO~ (Procedures on Back of Agenda) Collier Club Planned Unit Development (PUD-PO - Prelin'ljllary Deyelopmelat Plan for Phase I and II Resolution No. R-98-15 (Director of Community i~evelopment Transmittal 4/9/98. R-98-15 Application, P&Z ~4inutes, Location M~ Staff RcporL Prelim~ary Plal~ Under Separate Cover~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR COLLIER CLUB, PHASE I; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-15 by title and Mayor Sullivan opened the hearing at 7:13 p.m. All affected parties waived administration of the oath. App_[icant Presentation Applicant, Chuck Mechling, Onsite Management Group, Inc. and Steve Moler, Masteller and Moler, gave a brief presentation on the entire site for the benefit of new Council members, although this request was for approval for preliminary development for phase I, consisting of 112'lots. He noted that perimeter lots have been increased to 65' wide, and that Airport Drive will be improved and deeded to Indian River County. Discussion took place relative to ingress and egress. Mr. Mechling said that the double lanes coming in and out of Roseland Road as approved in the conceptual plan should suffice, however, following comments made at Planning and Zoning, he said another area will be looked at as a temporary emergency access during construction and stated "it would only be for emergency situations until we have our secondary access point which would be in later phases." but then stated "We would just have the emergency one during the time period of construction in case there was an issue." Mr. Moler noted, when complete, the site will have two permanent entrances, one as shown in Phase I on Roseland and the other which will be done later on in the northern end of the project; and that Wimbrow will be a permanent emergency access but will be constructed in a subsequent phase. Discussion took place on the other proposed permanent access onto Airport Drive East. The City Manager advised that the use of the Golf Course parking lot as the other permanent entrance would have to be approved by FAA and would need to have a positive impact on the Golf Course to be feasible. He said objections have already been received relative to increased traffic on Main Street and impact on the golf course. 2 Special City Council Meeting April 15, 1998 Page Three Discussion continued on the need for two accesses for the first phase beyond its construction. Mr. Neuberger stated he thought an emergency access for phase I was necessary and should remain in place until a permanent secondary entrance is installed. Chuck Mechling said "I don't have a problem giving up a lot that's set aside, that's not built on, until we move on to the other side of Collier Creek and comply with the other Wimbrow emergency exit. We just want to get along with everybody and we want to make it a quality project and be a part of the community, so I don't have a problem doing that on a temporary basis until we do go over to that other side." Mr. Meier said "So specifically, I think lot 4, in the subdivision plan which aligns up with Hart Avenue, we would work with those residents and I think that they, and the fact that we are also with this project, proposing to pave Airport Drive, which theoretically is of no benefit to our client, but I think that would be something that would resolve the concerns with the understanding that as we go into later phases and establish that second permanent entrance, that that would then become a saleable lot that could be built on." He then stated "i just wanted to add, my client indicated he would just like some flexibility, he thought he was pinned down with one lot, it would be one of the lots from along Airport Drive and anywhere from lot 4 to whatever the furthest lot, 25. One of those lots would be established as the entrance, secondary entrance." Mayor Sullivan noted a petition had been received relative to the proposed north entrance through the Golf Course. Mr. Meier said most of the City Engineer's comments in her March 11, 1998 had been satisfied, however, some would have to be addressed during construction. ~aff Er,~ntatio~ The Director of Community Development gave a brief staff report, explaining the complete PUD approval process and the phasing for this particular project. Following a brief description of phase and reiterating access conditions approved in the conceptual plan, he recommended that the City Attorney's opinion be obtained on use of the access to Airport Road to Hart Avenue, which are privately owned, and for which, local residents may say they have a prescriptive easement. He reiterated Resolution No. R-98-15 conditions 1 through 8, and noted that the developer will be applying for a special use permit for sandmining to remove excess fill from the site. TAPE I - SIDE II (7:55 p.m.) The Director of Community Development responded to questions from Council, stated that the Resolution is in error relative to where it refers to plan sheet numbers 1-21, and pointed out that the nine sheets (pgs 3,13,14,15,17,18,19,20 & 21) which are missing are actually construction drawings. Special City Council Meeting April 15, 1998 Page Four Proponents' None. Opponents' Te~[iro~)p.y_ Ruth Briggs, 321 Main Street, Sebastian, affected party opponent, opposed the use of Wimbrow for any access, and asked how a locked gate can be maintained; and opposed using Airport Road. The City Manager assured Mrs. Bfiggs that the Wimbrow access would not be used for any kind of construction, only for emergency vehicles. Mayor Sullivan noted that a petition objecting to from Main Street residents had been received. I~fo.r~ational Testimony Harry Thomas, 654 Balboa Street, Sebastian, said if this is a private community, it should provide its own emergency services. Ed Herder, 11145 Airport Drive, said the private road being referred to is actually Airport Drive, that it was installed by the Navy, and that he would like to see it paved due to the fact that it is abutting the project. Mayor Sullivan closed the Public Information Period. Apl~lieant's Rebuttal Presentation None. Staff Response The Director of Community Development summarized his report and recommended approval of Resolution No. R-98-15 with the correction to sheet numbers as stated by Vice Mayor Wininger, and obtaining the City Attorney's opinion on approving access to private streets. City Council/Board Inquiry of Applicanls, l~ropon~nts, Opponet~ts or Staff M¢ll~er In response to Vice Mayor Wininger, item 8 on the fa'st page of the plan was changed to "City and County Engineers and Public Works Director for City and County"; Steve Moler explained open space calculations were based on the overall total area of the project which includes Collier Creek; Mr. Mechling said he and Steve Melchiofi were the principals for Onsite Management Group, Inc. Mrs. Wininger said the second access road should be addressed in the beginning of development and not down the road. SpeCial City Council Meeting April 15, 1998 Page Five Mrs. Cartwright asked the applicant to reconsider the second permanent access going into the golf course. In response to Vice Mayor Wininger, the City Attorney said ownership of waterways is a complicated legal issue, but St. Johns River Water Management District does have a lot of control in that area. The Director of Community Development read into the record a November 5, 1997 letter 'from Indian River County Community Development Director, Robert Keating, regarding the professionalism of Onsite Management. Mayor Sullivan closed the public hearing at 8:36 p.m. MOTION by Cartwright/Paul I'll move to approve Resolution 98-15 with the following changes: Section. l, the Preliminary Development Plan for Phase I of Collier Club, the project sheets l, 2, 4 through 12, and 16 as amended this evening, the addition of a condition 9 that the applicant shall provide one emergency access during the construction phase. The Director of Community Development noted that some of the City Engineer's comments, as stated in her March 11, 1998 memo, were not relevant to this phase; and that condition 4 covers the need for concurrence with those comments by requiring her to approve all construction drawings. ROLL CALL: Mrs. Cartwfight - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Mayor Sullivan called recess at 8:42 p.m. and reconvened the meeting at 9:55 p.m. All members were present. 5. 9THERMATTF~IL5 98.089 Discussion Relali~ to Code Enforcement Proposals Including the Placement of EnforcemenL Qffi~rs j.nto the Police Department (Citx Mll!0ger Transmittal 4/10/98) The City Manager gave a brief presentation on his proposal to establish two branches of Code Enforcement; building inspection under the Community Development Department, and the main code enforcement activity under the Police Department. He cited the system used by Vero Beach and Indian River County. TAPE II - SIDE I (9:00 p.m.) Special City Council Meeting April 15, 1998 Page Six He went on to explain the citation process that could be used by the City in addition to its current procedure; recommended against using a hearing officer but rather continuing with the Code Enforcement Board, and suggested that due to the conflict with the City Attorney representing both the board and the City, he hire legal counsel to represent the City. He noted the Code of Ordinances gives him this authority, however, City Council would have to approve the funding. He said that the Building Official had expressed a desire to oversee building inspections and not deal with regular code enforcement. Chief White said he had offered to take Code Enforcement into his department to make things easier, and said he would agree to whatever was best for the City. He described Vero Beach Code Enforcement Officer Shapiro's duties, noting he is a DARE officer and spends his time 50/50 doing code enforcement and other DARE programs. The Chief said one solution would be to shorten the time it takes to on some of these code violations by issuing citations. The City Clerk was excused at 9:30 p.m. A lengthy discussion took place on the citation process, use of both procedures as set out in Florida Statutes 162, use of a sworn officer vs. a regular employee, the perception of creation of a "police state", TAPE II - SIDE II (9:45 p.m.) retaining the use of the Code Enforcement Board, time spent on garage sales, enforcement of weekend violations, the importance of some kind of uniform or identi~fing clothing and ID, the possibility of a negative impact of using someone affiliated with the Police Department, the importance of encouraging compliance, and providing general guidelines for officers. Joe Generazio, 1058 Barber Street, Sebastian, Chairman of the Code Enforcement Board, said the system isn0[ working and the proposal to move code enforcement out of Community Development and add the citation procedure makes sense to him. Tut Connelly, 149 Kildare Drive, Sebastian, said there will be no effective code enforcement until upper management is accountable. MOTION by CartwrightdWininger I move to extend the meeting until I 1. VOICE VOTE on the motion carried 4-I (Paul - nay) Sal Neglia, 461 Georgia Boulevard, Sebastian, suggested that Code Enforcement be a separate office. TAPE III - SIDE I (10:33 p.m.) Special City Council Meeting April 15, 1998 Page Seven The options offered to City Council by the City Manager were as follows: 3. 4. 5. Authorize the assignment of code enforcement officers(s) to the Police Department including the appropriate transfer of funds from Community Development Department to the Police Department with clerical support for the code enforcement to come from the Community Development Department; Authorize amendments to the current Code of Ordinances bringing the existing'code into compliance with Florida Statutes; Authorize the inclusion of a citation and fine process into the amended code of ordinances; Agree to allow an appropriate funding to retain an outside attorney for the code enforcement board; Determine whether to continue the use of a code enforcement board or to shit~ to a hearing officer. MOTION by WiningeffSullivan I move for the Council to follow the recommended action of the City Manager on items 1, 2, 3. VOICE VOTE on the motion failed 1-4 (Sullivan, Cartwright, Neuberger, Paul - nay) MOTION by Paul/Neuberger I make a motion to accept items 2 and 3 for the recommendation by the City Manager. The City Manager explained that he had the authority to hire code enforcement officers, but needed Council approval for funding and amendment to job descriptions. VOICE VOTE on the motion carried 5-0 Discussion took place on code enforcement board vs. hearing officer. The City Manager reiterated that he is authorized by the code to hire legal counsel but would need approval for funding in the next fiscal year, noting there should be sufficient funds for this year. MOTION by Cartwright/Sullivan I move to continue the use of the Code Enforcement Board. VOICE VOTE on the motion carried 5-0 MOTION by Cartwright/Neuberger I move to deny the change to the Police Department, I want to keep it in the Community Development Department. VOICE VOTE on the motion carried 3-2 (Sullivan, Wininger - nay) Special City Council Meeting April 15, 1998 Page Eight 6. Being no further business, Mayor Sullivan adjourned the Special Meeting at 10:50 p.m. Approved at the ,1998, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor 8 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDiCIAL HEARING(S) WEDNESDAY, APRIL 15, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. CALL City CO~cil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Hailoran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting April 15, 1998 Page Two e QUAfiI-~UI)I.ClAL PUBLIC HEARING{fi.~, FINAL ADOPTION (Procedures on Back of Agenda) 98.088 1-30 Collier Club Planned Unit Development (PUD-R) - Preliminary Development Plan for Phase I and II Resolution No. R-98-15 (Director of Community Development Transmittal 4/9/98, R-98-15, Application, P&Z Minutes, Location Map, Staff Report, Preliminary Plat Under Separate Cover) A RESOLUTION OF THE ClTYOF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR COLLIER CLUB, PHASE I; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 2 OTHERM~TTERS 98.089 31-32 Discussion Relative to Code Enforcement Proposals including the Placement of Enforcement Officers into the Police Department (City Manager Transmittal 4/10/98) C.d-o .a~l ~ P ~ ~ .- ~!~,~o ._ ~ _ /! ITEM NO. ROLL C~LL 1 Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. MOTION SECOND MOTION ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Winiager Mrs. Cartwright ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwdght Mr. Neub~ger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Winiager Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 1 Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLI~ CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwfight Mr. Neuberger Mr. Paul MOTION SECOND MOTION SECOND MOTION SECOND MOTiON SECOND ITEM NO. ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND City of Sebastian 1225 Main Street Sebastian, Florida 32958 CITY COUNCIL AGENDA PACKET SPECIAL MEETING APRIL '15, 1998 - '7:00 P.M. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 g FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, APRIL 15, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLOR/DA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAiN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLLEGIANCE 3. ROLL CALL QUASI-JUD. LCiAL PUBLIC.,.I-IEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) 98.088 A. 1-30 Collier Club Planned Unit Development (PUD-R) - Preliminary Development Plan for Phase I and II Resolution No. R-98-15 (Director of Community Development Transmittal 4/9/98, 1{-98-15, Application, P&Z Minutes, Location Map, Staff Report, Preliminary Plat Under Separate Cover) A RESOLUTION OF THE CITYOF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY' DEVELOPMENT PLAN FOR COLLIER CLUB, PHA~E I; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTiVE DATE. 5. OTHI~I~.Mt~TTER~ 98.O89 A. 31-32 Discussion Relative to Code Enforcement Proposals Including the Placement of Enforcement Officers into the Police Department (City Manager Transmittal 4/10/98) 6. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COI. fNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROC~Wr)INGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPE.4L IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistanee Headphones are Available in the Council Chambers.for all Government Meetings. ~°rocedures for Q#asi-Judicial Hearit1~s a~ Follows tTn accordance with R-gz-40) ~ Mayor/Presiding O~cer Opens Hea~ng and Outlines Rules Ci~ ~ttom~ reads Ordinance ~ Resoluaon (~pplicable) [fReques~d by ~ffected Par~ - Cler~ecreta~ ~dministers Oa~ to O~er ~ffected Par~(ies) ~o Intend to Test~ For Non-~nd U~ Matters - Disclo~re of Ex-Parte Communication 3pplicant Pres~fion - Uninte~pted 15 Minutes [nqui~ of Applicant or Applicant ~ Wime~es by Counci~oard (or Sta~or ~pplicant or O~er Affected Parties through Mawr or Presiding O~cer) S~ff Presentation - Uninte~pted 15 Minutes Inqui~ of S~ff by Counci~oard (or ~pplicant an~or Other ~ffected Parties through Mayor or Presiding O~cer) ~oponen~ ' Tesa~o~ - Up to 15 Minutes (~es~ are a~cted parties) Inqui~ of Propon~ by Counci~rd (or S~ff or Jpplicant or O~er ~ffected Parties through Mayor or Presiding O~cer) ' Oppon~ ' Presen~tion - Uninte~pted 15 Minutes (these are a~ected parties) Inqui~ of Opponen~ or Opponent ~ Wi~e~e$ by Counci~oard (or S~ff or ~pplicant or O~er ~ected Parties ~rough Mayor or Presiding O~cer) Opening of lnf~ational Tesgmony - ~ny Memb~ of Public wi~ Info~atton or Need for Clar~caa'on - 3 Minutes or 10 Minutes ~ Represena~g Groups of 5 or More Inqui~ of lnfo~ationai Wi~esses by Counci~rd Closing of Public Info~atton P~tod - No ~dditional Public Commen~ Allowed Except in Re~onsu to Counci~oard Ques6ons Applicant ~ Rebuttal ~esentagon - 10 Minutes (A~ected Parties or S~May Request to be Allowed to Point Out E~ors of Fact or ASk Questions of ~pplicant or ~pplicant Wi~e~es) Staff Response and Summa~ - 10 Minutes ~e~onse ta ~pplicant, Proponent, Opponen~ or Info~ational Wi~esses - ~ected Parties May Request to be ~llowed to Point Out E~ors of Fact or Ask Questions of Staff or Staff Witnesses) Ci~ Counci~rd Inqui~ of ~pplican~, Proponent, Opponen~ or StaffMember Close Headng Upon Complegon of Testim~y ~ct Upon Applicagon Persons who desire to make a presentation or present information or comment on an application or item must register with the City Clerk or Board secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures) Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statut,, A homeowners or property owners association whose members include an affected paro; shah be granted affected party status by the City Council/Board provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary of State's office and a resolution of the board of th~'~ association authorizing said representation shah be.filed with gte CiO; Clerk's office prior to the entity's request to be granted affected party status. Affected Parties May Request Extension of Time from City Council/Board and may object to the introduction of any evidence, whereupon: the presiding officer may rule upon the objection to tire admissibility of any evidence. The City Council/Board members may affirm or overrule the ruling. Persons addressing Council/Board shah identify any educational, occupational or otiter experience which may be relevant to the matter. Disclosure of ex-parte communication in land-use matters is not required and such non-disclosure shall not be deemed prejudicial to the decision of the City Council/Board. All decisions of the City Council/Board on land use matters must be supported by substantial, competent evidence b~ ,'~: record pertinent to the proceeding, irrespective of such communication~ A person who appears before the decision making body who is not an affectedparty may be allowed to testify before the decision making body, may be requested to respond to questtons from the decision mala'ng body but need not be aneorn as a witness and is not be subject to cross, examination and is not required to qualify a~ an expert witness. The decision making body shah assign weight and credibility to such testimony as it deems appropriate.. City of Sebastian, Florida Subject: Preliminary Development Plan re: Collier Club Planned Unit Development - Phase I Approved for Submittal by: Agenda No. Department Origin: Community Development Date Submitted · April 9, 1998 ,~_~v~.~ c,c,,}' ~ _t~or Agenda of: April 15, 1998 Exhibits: R-98-15, d Applica~fion, Planning an Zoning Commission Minutes, Preliminary Development Plan,. Location Map, StaffRepert EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIR.ED: None REQUIRED: None None SUMMARY The City Council approved the conceptual development plan for OnSite Management Group for Collier Club Planned Unit Development on November 5, 1997. This project is located east of Rosetand Road and south of the ah-pon. Collier Club is proposed to be a private gated community with water, sewer and curb and gutter drainage. The applicant is proposing to construct 455 single family homes. OnSite Management Group has applied for the approval of the first phase. This phase has the entrance on Roseland Road. The phase includes 112 single family unit. The Planning and Zoning Commission has recommended approval with conditions. RECOMMENDED ACTION Hold a public hearing and act on resolution R-98-15. RESOLUTION NO. R-98-15 A RESOLUTION OF TffE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELI3~IXNARY DEVELOPM~ENT PLAN FOR COLLIZR CLUB, PHASE I; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I:FE~REWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Onsite Management Group, Inc. has applied for approval of a preliminary development plan for phase I of Collier Club, and WltEREAS, the Planning and Zoning Commission has recommended approval of the preliminary development plan for phase I of Collier Club, NOW, TItEREFORE, BE IT RESOLVED BY T]~ CITY COUNCIL OF ~ CITY OF SEBASTLAN, I1NI)~N RIVER COUNTY, FLORI~A, that: Section 1. PRELIMIN'ARY DEVELOPMENT PLAN. The preliminary development plan for phase I of Collier Club (the Project), sheets 1 through 21, as prepared by Masteller & Moler, Inc., dated January, 1998, is approved with the following conditions: The contractor shall be responsible for erosion control within best management practices for the duration of the project until such time as the project has been certified as complete. 2. Silt fences shall be installed along limits of construction. Contractor shall construct sidewalks in the adjacent right-of-way and along recreational tracts prior to certificate of occupancy approval. The applicant shall submit the construction drawings to the City Engineer for approval prior to initiating construction, and shall submit for approval easement details for entrance road "A" from Roseland Road. Applicant shall submit copies of permits from St. Johns, DEP and Fish and Wildlife prior to construction approval. Applicant shall submit for a sandmining permit to remove excess fill from the site during construction of Stormwater Tract "A". Applicant shall submit copies of Indian River County approvals for connection to Roseland Road and Utilities plan. Applicant shall submit for final development plan approval within eighteen (18) months from the date of preliminary approval. Section 2. hereby repealed. CONFLICT. Ail resolutions or parts of resolutions in conflict are Section 3. immediately upon final passage. EFFECTIVE DATE, This Resolution shall take The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: day of Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka Coundlmember Loiuse R_ Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this: .... ,1997. CITY OF SEBASTIAN, FLOP, XDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/A~ City Clerk (Seal) QCity of Sebastian Development Order Application _ Applicant (If not owner, written authorization (notarized) from owner is required) Name: OnSite Management Group, Inc. '-Address: 4445 N. A-i-A, Suite 250 Veto Beach FL Phone Number. (561) 234 - 9988 ,._ ¢~mJt ~.pplic~tian No. 32963 FAXNumber: (561) 234- 9990 Owner (~f d~ferent from applicant) Name: La=tar of Authorization (see attached) -,~ddress: Phone Number. ( ) - FAX Numbec. ( ) E-Mail: IType of permit or action reque~ed: PRELIMINARY PLAT PUD P ~t..[ASE COMPL~q-F ONLY TH(28E. $t-'¢TION8 WHICH A~£ NF. CES..%ARY FOR l'Ha PEHMiT OR ACTION ~%-~AT YOU ARE REQUESTINg. COPIES Ol= ALL MAPS, SURVEYS, 8RAWlNmS, ETC. SHALL 8E ATTACHED AND 81/2' BY 1 1 ' COPIES OF ANY ATTACHMENTS IA. Project's Name (if applicable): COLLIF. R CLUB B. site Information Address: Lot.: Block: Unit: Subdivision: Indian River County Parcel ~ ";.. Zoning Cla..%ification: PUD-R Single-family Ex. ag Use: Residential 5 Future Land Use: (455 'Units) + Recreation Fac'ilit¥ Proposed Use: PD Single-family (112 Units) Units/AC. Residential 2.2 Units/Ac. C. Description of proposed activ~ amd purpose ofth~ requested permit or action (attach ext~ sheets necessary): Development of 51.13 Acres in Phases as .a Single-family ResidenCia!_ RECEIVED. BY: ~%ojecc. DATE IRECE!VED: ~ / Lc /q.~ FEE PAID: $ 780.00 IF. cfm CD-.2OO'I [ P-~.~e f cf3 A~=Eruved: 08/27/97' I Revisicn: I De~'eJopmen'~Applfcar'¢cn LFi/e Name: Dca Permit Application No, D. Projec~ Personnel: Agent: Name: Address Phone Number:. ( ) FAX Number:. ( ) - E-Maik Attorney: Name: Addres~ Phone Number:. (' . ) FAX Number. ( ) E-Mail: Engineer:. Name: MASTELLER & MOLZR, INC. Addre~ 1623 N. U.S. Highway Phone Numbec (561) 589 - 4800 Suite B-2 Sebas ti'an FAX Numb'er: ( 561 ) FL 32958 589" 2742 E-Mail: SurveYor:, Name: David Jones, PSM Address ' 2345 14Ch Avenue Phone Number. (561) 567 - 9875 Vero Beach FL 32960 FAX Number. (561) 567- 9172 E-Mail: , a~NG mawr cu~.Y SWORN, DE.~Q.']E AND ~Y ~ i ~ ~S OWN~ ~ I, ~PU~N, ~D ~T ~ ~E INFO~ON, ~S, OATA AN~QR S~CHES PRODDED IN ~IS APPM~ON ARE / ~QRN TO AND SU~CRIB~ 8~ORE ~ 8Y ' - - ' ~O IS P~RMQ~Y ~OWN TO ME OR PROOUC~ AS [O~FiCA~QN, ~lS DAY OF . 19 . NOTARY'S SIGNATURE PRINTED N.A~E OF NQTARY CCM~ISSlON IF~n"n CD-200'I A~c~n=ved'' 08727/97 t ?~qe 2 of 3 Name: Dca Permit Applicatkm No. The foilewing i~ required for all comprehensive plan amendment~ zoning amendment (including rezoning)~ site plan~ conditional use perrnit~, spe¢ia! u~e pet~nits~ variances, exceptions~ and appeal~ I/WE, -- THE OWNER(S) THE LEGAL REPRE£ENTATtVE OF THE OWNER OF THE FRCPER-F'f' OE$CRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORrTE EACH AND EVERY MEMBER OF THE E]OARO/COMMISSION OF THE CITY OF SE;i~STIAN (THE 'BOARD'/"COMMIS$1ON') TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APpLICATIC)N. I/WE HEREBY WAIVE ANY OEMECTIQN OR DEFENSE IJWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE pROC:;::.=.DINGS, RESULTING FROM Ably BOARD/COMMISSION MEMBER ENTERING OR VIEWING T~E PROFERT'f, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNOER THE FLORIOA CONSTITUTION OR THE UNITED STATES CONSTfTUT~ON WF-RE VIOLATED 8Y SUCH ENTERING OR VIEWING, THIS WAIVER ANO CONSENT 15 BEING SIGNED BY ME/US VOLUNTARILY ANO NOT AS A RESULT OF ANY COERCION APPLIED. OR PROMISES ,MADE, BY ANY EMPLOYEE, AGENT, CONTPACTOR OR OFF{CIAL OF THE CITY OF SEBASTIAN. SIGNATURE Sworn to and subscribed before me by who is personally known to me or produced as identification, this day of Notary's Signature Pdnted Name of Notary Commission NoJExpiradon Seal: DAT~ A,c¢rove<t: 08,~.T/97 I Revidcn: p~cje 3 cf 3 j Deveic¢ment j ~TJe Name: Permit Application No. Supplemental Information Planned Unit Development Preliminary Development Plan (Plat) (ATTACH ADDITIONAL PAGES IF NECESSARY.) Is the proposed preliminary development plan consistent with the subdivision regulations? If not, which one(s)? Is the prop6sed preliminary development plan in conformance with the zoning regulations? If not, which one(s)?, ¢' 3. Attach the following: ~ a. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. ~" b. A vidnity map. A map(s) of existing conditions including existing easements, streets, buildings, land uses, hi~orfcal sites, tree groupings, wetlands, water courses,""contours, the names of the property owners and existing land uses and zoning for all contiguous property, and the Iccation and width of all exi~ng or platted streets, easements, drainage ways and utilities contiguous to the property. v' d. A development plan including: 1. plat, 2. general appearance of proposed structures excluding single family detached dwellings, 3. dedication or reservation of lands for public use, 4. vehicular, pedes~an and bicycle circulation and padcJng, 5. open space and landscape plan, and 6. information concerning adjacent lands including exisdng land use, zoning, circulation sy~em, density, public f~c_Jlides, and unique natural features. red: I Revi~i~n: I FTle Name: Ei~ud~d¢ Permit ApplicstJon Ne. Quant/tatJve data including: 1. total number of dwelling units by type, 2. total parcel size, 3. proposed let or building site coverage by building and structure, 4. proposed lot or building coverage by impervious surfaces, other than building and structures; 5. gross and net residential density, 6. proposed amount of open space, 7. proposed amount of public lands including all dedicated rights-of- way, easements, and other lands dedicated to for public facilities. f. A development schedule. g. An updated environmental impact statement h. An updated public fadlity impact statement. ,/ 4. The following information is required on all preliminary plats: A vicinity sketch showing the location of the boundary lines and distance of the land proposed for the subdivision in reference to other areas of the city. -/' b. A north arrow, graphic scale, and date if preparation. The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent scrooge. d4 The nam.es, alignment, and width of all existing and proposed sti'eets, alleys, rights-of-way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right-of-way width, street or pavement width, and established center line elevation. Exisdng sti'eets shall be dimensioned te tract boundary. All existing and proposed property lines, easements and dghts-of-way, their purpose, their effe~ on the prope,~y to be subdivided, and the proposed layout of lots and bloc.ks. v' f. Access points to ~lle~or and a~erial streets showing their compliance to access requirements. ~" g. All existing drainage ;aciiities. ~" h. Existing and propcsed utilities such as telephone, elec'udcit,/, water, sewer, gas, etc. on or adjacent to the tract. The preliminary, plat shall F~nTt C~,-20~5 I P~qe 2 of 3 ] PUD CDP Plat I ~ Atscroved: $/27/97 I Revi=icn: I ~[e Name: Sit~ud~.d~_ t contain a statement that ail utilities are available and have been coordinated with the required utilities. ¢' i. Site for proposed parks, recreational areas and schcols. /,¢4 j. The location of any temporary structures or permanent structures having a temporary use. v. k. If the proposed plat borders upon any public water bodies, delineate the mean high water fine. ,-" I. Permanent reference makers shall be shown. ¢-5. Attached th~ following: "'" a. Six copies of the preliminary plat (Two sets mum be sealed.) b. The name, address and telephone number of the mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such that they will join in the dedicaden of the proposed subdivision.. v- c. A surface water drainage facilities plan codified by an engineer or architect registered in the Slate of Flodda. d. A land survey with complete legal description prepared and certified .by a registered surveyor. ~ e. A traffic impact analysis, if required. "" f. An erosion/sedimentation control plan. g. A contour map showing ground elevations at intervals of net more than one foot of the area to be subdivided and of a perimeter strip at least fifty ,(50) feet and up to one hundred ahd fifty (150) feet in width around the area. v- h. A statement c~nceming required potable water improvements, wastewater improvements or on-site wastewater disposal data. schedule for multiple phases, if appropriate.. [F~n'r~ CD-20"15 AF,~roved: 81"22'/97 I Pi¢e 3 of 3 I PUD CDP P!~t J I Revi.~cn: I F'[ie Name: $il,~udcd~ ] CITY OF SEBASTIAN PLANNING ,SAND ZONING CO~LMISSION MINUTES OF REGULAR MEETING APRIL 2, 1998 Chairman Munsart called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROLL cALL: PRESENT: Ms. Kilkelly(a) Mr. Mather Mr. Pliska EXCUSED ABSENCE: Mr. Schulke ALSO PRESENT: Mr. Fischer Mr. MacWillia.m Ms. Vesia Robert Massarelli, Community Development Jan King, Zoning Technician Ann Brack, Secretary ANNOUNCEMENTS: Chrrm. Munsart announced that Mr. MacWilliam will be voting in place of Nix. Schulke, who has an excused absence: APPROVAL OF MINUTES: Regular meeting of 2/19/98 and LPA meeting of 3/5/98 MOTION by Fischer/Mather I make a motion that we approve the minutes for February 19, 1998. A voice vote was taken. 7 - 0 motion carried. MOTION by Fischer/Mather I'll make a motion that we approve the Local Planning Agency's minutes of March 52, 1998. A voice vote was taken. 7 - 0 motion carried. OLD BUSINESS: NEW BUSINESS: A. None PLPuNNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 2, 1998 C. RECOMMENDATION TO CITY COUNCIL - Collier Club PUD - Conceptual Development Plan Mr. Steve Moler of Mastetler & Moler, Inc. was present representing the applicant, Onsite Management Group, Inc.. Mr. Moler wanted to clarify on the agenda that the Conceptual Plan has already been obtained, and tonight's action will be for the Prehminary Development Plan approval for Phases I and II of thc project. He noted that tonight's approval will be for one-hundred and twelve (112) single family lots in these two (2) phases. He commented that these phases will be situated on the south side of Collier Creek area, with access to Roseland Road, with Indian River County water and sewer connections, and with private streets and private draimage. Mr. Massarelli gave staff presentation and 'recommended a recommendation of approval to City Council with the seven (7) conditions contained in the staff report. He indicated that condition amber 4 should be slightly modified to read - "The applicant shall submit the construction drawings to the City Engineer for approval prior to initiating construction~ and shall submit for approval easement details for entrance mad "A" from Roseland Road." He also noted that this item will be handled similar to a subdivision, with a Preliminary Plat, the construction approval (by staff), and the final approval by City Council, but commented that this process is not clearly stated in the Code. There was discussion of thc entrance being the only access to the community, and it was noted that with the entrance being eighty (80) feet wide, there would be plenty of mom for emergency access. Mr. MacWilliam initiated discussion on the size of the lots. Mr. Massarelli noted that during negotiatiom, it was determined that Airport Drive will be improved by the developer, and dedicated to either the County or a Homeowners Association. He also noted benefits of thi~-parficular issue. Them was discussion on the possibility of assigning another access mad to this site. Chain. Munsart was not comfortable with only a single entry to this community. There was also discussion of obtaining easements on private roads for emergency vehicles. Staff suggested that the ornamental features planned for the entranceway on the south Side be restricted from installation until a second access is provided, and that that area be lef~ clear so that if the road is blocked, there will be a cleared area that can be traversed. Mr. Moler noted that the entranceway is at least an eighty (80) foot fight-of-way, and the paved areas for ingress and egress will be equivalent to a meet on either side of the median. Mr. Thomas asked if residents will be axvare of the closeness of a rumvay at the airport. He expressed concern that an airport related device might fall from the sky and create an emergency PLANNING AND ZONING COMMISSION IvlINUTES ~OF REGULAR MEETING OF APRIL 2, 1998 that would block the entrance. Staff responded that in em'her negotiations with the developer, it was established that an avigafion easement must be obtained from the homeowners before any building perm/ts will be issued for these lots. He also noted that this is a requirement of the code. MOTION by Mather/Vesia I make a motion that we recommend to the City Council approval of Collier Club, PUD, Subdivision with the staffs recommendations as ammended on item 4 for the construction drawings reviewed by the City, Engineer, prior approval of the easement details, per drawings 97-43, sheet 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, and the top sheet number 1 no drawing number on it, by Masteller and Moler. Roll call: Mr. Thomas - no Mr. Mather - yes Mr. Fischer - yes Mr. Pliska - yes Chnm. Munsart - yes Ms. Vesia - yes Mr. MacWilliam - yes The vote was 6 - 1. Motion carried. (4/10/98 .AB)' ,,JOHNS WATER MANAOEMF"NT DiSTRiCT -- ERP -- (PHASE 1 A ,AND :~T. 0~' ENVIRONMENTAL PROTECTION -- WATER -- (PHASE lA AND 1[~) :,T. OF' ENV!RONMENTAL PROTECTION -- SEWER - (PHASE lA AND PROJECT LOCATION ROSELAND $[~ASTIAN MUNICIPAL. AIRPORT ~'~ OR. )3 SOUTH MOON UNO~,R SEBASTIAN PARK P~'LICAN POINT Locatio~ Map (NOT TO SCALE) MASTELLER & ,--- CONSUILTING MOLER, INC. ENGIN~£RS Community Development Department Preliminary Development Plan Planned Unit Development Approval Application Staff Report Project Name: Collier Club PUD-R Subdivision Requested Action: Preliminary Development Plan Approval for phase ~ and II of a residential development in the Collier' Club PUD-R. Project Location a. Address: Legal: Beginning at the Northeast corner of lot 7, block 3, Roseland Gardens as shown on the Plat thereof recorded in plat book 8, page 25, public records of Indian River County. Said point lying on the Southeast line of the Fleming Grant; Thence North 44° 24' 33" East along proposed Airport Road West right of way line a distance of 1977.94 feet to a point; thence North 45° 08' 33" East a distance of 566.00 feet to a point; thence South 37' 46" East a distance of 112.96 feet to a point; Thence South 01' 19" East a distance of 81,65 feet to a point; Thence South 10~'-49" East a distance of 134.57 feet to a point; Thence North 05' 00" West a distance of 135.72 feet to a point; Thence 75° East a distance of 90.46 feet to a point; 78° 72° 77° 73° 54' 15' 03' 01' 45' 09" 45' 52" 38' 48' 50' 37" 05' 22' 18' 32" 19' 49" East a distance of 103.42 feet to a East a distance of 399.38 feet to a East a distance of 53.63 feet to a East a distance of 209.66 feet to a point; point; point; point; East a distance of 141.94 feet to a point; East a distance of 94.73 feet to a point; East a distance of 58.96 feet to a point; East a distance of 64.78 feet to a point; 51' 29" East a distance of 65.13 feet; Thence South 45° 08' 31" West along said Fleming Grant Line a distance of 1573.42 feet to the point of beginning. Thence South 76° Thence South 70° Thence South 73° Thence South 66° Thence South 65° Thence South 63° Thence South 53° Thence South 39° Thence South 44° 4 Said parcel contains 51.13 acres more or less. Indian River County Parcel Number: 22-30-38-00001-0020- 00000.0 Project Owner: Onsite Management Group Inc. 4445 A-lA Suite 250 Vero Beach, Florida 32963 (561) 234-9988 Project Agent: Onsite Management Group Inc. 4445 A-lA Suite 250 Vero Beach, Florida 32963 (561) 234-9988 Project Engineer: Masteller & Moler, Inc. 1623 N. U.S. Highway 1, Suite B2 Sebastian, Florida 32958 (561 ) 589-4880 Project Surveyor: David M. Jones 2345 14~h Avenue Vero Beach, Florida 32960 (561) 567-9875 Project Description Narrative of proposed action: Collier Club PUD is designed as a deed restricted private single family community. The project contains 158.8 acres of which 36.84 acres are reserved for recreation and natural preserve. The typical lot is 60' x 125' with 5' side setbacks, 25' rear setbacks and 20' front setbacks. The typical lot is designed for homes in excess of 2,000 slf of living area with a minimum of 1,400 s/f allowed by deed restrictions. The first two phases of the proposed development will contain 112 units at a density of 2.8 units per acre. Phase I and Ii contains 51.13 acres of project area of which 39.69 are dedicated for development. The development will have public water and sanitary sewer as well as a closed drainage system with curb and gutter road sections. The community will have recreation amenities including a 3.23 acre recreation complex which may include tennis courts, swimming pool, volleyball and a play ground. In addition, the conservation area along Collier Creek will serve as a passive recreation amenity. The close proximity to the Sebastian 2 Municipal Golf Course will not only be an asset to the development but also provide additional revenue to the course and restaurant. Collier Club Conceptual Development Plan approval was received from City Council on 11/5/97. b. Current Zoning: PUD-R c. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (S) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Preliminary Development Plan criteria a. Compliance with subdivision regulations. b. Compliance with zoning regulations, yes (1) Modified building setbacks. 51.13 acres Vacant Immokalee Dense Vegetation Zone X, AE Indian River County Utilities Indian River County Utilities Sebastian Municipal Golf Course Sebastian Police 1 mile (a) Privacy: provided. (b) Light and air: provided (c) Use: provided (d) Building Configuration: provided 3 yes 10. (e) Fire exposure.: provided (2) Required perimeter building setback: provided (3) Modification in minimum lot size in single-family district. (a) (b) (c) Design: no modifications Use of open space: no modifications Compliance with other preliminary development plan requirements: no modifications Contents of Preliminary Development Plan: a. Written material: (1) (2) provided Total number of dwelling units by type: 112 Total parcel size: 51.13 acres Proposed lot or building site coverage by buildings and structures: 3,500 SF (average per lot) Proposed lot or building coverage by impervious surfaces, other than buildings and structures: 360 SF (average per lot) Gross and net residential density Gross Density 2.19 units/acre Net Density 2.82 units/acre Proposed amount of open space: 31.29 acres = 51% Development schedule: Quantitative data. (a) (b) (c) .,(d) (e) (f) 4 (3) (4) (g) Proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated for public facilities and services: 13.59 acres: 27% Updated Environmental impact statement: The environmental consulting firm of B.K.I. Inc. has been retained to aid in addressing the environmental impacts of the development. To date the jurisdictional wetland areas have been identified by representatives of the St. Johns River Water Management District and the U.S. Army Corps of Engineers. The development plan has taken into consideration the comments from these agencies. The property has been surveyed by U.S. Fish and Wildlife Service and a 12 acre Stub Jay preserve has been established. A preliminary Gopher Tortoise survey has been done and options for preserving and relocating the turtles are being studied. Updated Public facilities impact statement: Collier Club will connect to both public water and sanitary sewer facilities with service provided by Indian River County. The roads and drainage system within the development will remain private and the maintenance obligation of the Homeowners Association. (a) Quantity of wastewater generated; Wastewater generated will be at 350 G.P.D. per unit (112) = 39,200 G.P.D. The comprehensive plan level of service standard for computing wastewater generation is a minimum of 250 G.P.D per unit. The use of 350 G.P.D. exceeds this minimum standard. (b) Description of proposed recreational facilities; provided - The community will have recreation amenities including a 5+/- acre recreation complex which may include tennis courts, swimming pool, volleyball and a play ground. In addition, the 12 acre scrub jay preserve will be a passive recreation area with walking paths and observation areas. The conservation area along Collier Creek will also serve as a passive recreation amenity. 5 (c) Quantity of potable water required; Potable water will be 350 G.P.D. per unit (121) = 39,200 G.P.D. The comprehensive plan level of service standard for computing wastewater generation is a minimum of 250 G.P.D per unit. The use of 350 G.P.D. exceeds this minimum standard. (d) Estimated number of school age children expected within the development; provided - The developer estimates that 20% of the homes will have children with an average of 1.5 children per household. This would result in approximately 22 children in the community. (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and Phase 1 Estimated property tax - $78,400.00 (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable, provided - Collier Club will connect to both public water and sanitary sewer facilities with service provided by Indian River County. The roads and drainage system within the development will remain private and the maintenance obligation of the Homeowners Association. (5) Additional information: none b. Graphic element of development plan. (1) Plat and site plan. Proposed name of the PUD, title of map, name of city, and description of section, township and range, provided 6 (b) (c) (d) (e) (g) O) Name and address of record owners, applicant, and person preparing preliminary development plan. provided The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage, provided Date, north arrow and graphic scale acceptable to the city engineer, provided Legal description and survey of the proposed PUD boundaries made and certified by a FloHd~.~ registered land surveyor, provided Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage allocated to each respective use. provided Any desired changes from the underlying zoning regulations, and the boundaries of underlying zoning districts. N/A Location, name and dimensions of all and proposed dedicated public lands conditions of such dedication, provided existing and the The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the applicant. Provided - The entrance to the subdivision via Street A off Roseland Road appears to encroach on private property. The city is dedicating property to the North of the entrance, however it appears a small portion to the South of the entrance encroaches on private property within unincorporated IndiAn River County. 7 U) (k) (i) (m) (n) Location of closest available city water supply system and proposed preliminary design for water service improvements, including proposed level of service, general location of facility improvements, and schematic drawings as required by the city engineer. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements. Provided Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site. provided Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements, provided Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities, provided Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be submitted prior to commencing the installation of such facilities, provided (2) (o) (p) (3) Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required pdor to commencing the installation of such improvements, provided Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities, provided (q) Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing Hghts-of-way or other open space shown upon the' tentative PUD plat. Permanent drainage easements shall also be shown, provided (r) Where the tentative PUD plat covers only a part of contiguous rear property owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat. N/A "(s) The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and wails for screening and buffering, provided General appearance. (a) Floor plans and square footage of all multifamily and nonresidential buildings and structures: N/A (b) Elevations, sections and/or perspectives: provided Dedication or reservations of land for public use: provided 9 11. 12. 13. (4) (s) (6) Vehicular, Pedestrian and bicycle circulation and parking: provided Open space and landscape plan: provided - Collier Club will meet or exceed all permittable open space requirements. All efforts will be made to preserve scrub habitat on individual lots. Currently we are finalizing the deed restrictions and are proposing a 10 foot buffer of existing native vegetation on ail perimeter lots that border any exterior roads or residential communities. In addition, a proposed 7.5 foot buffer would be maintained for all lots which share a common boundary. The status of the golf perimeter lots situated between Collier Creek and the scrub jay preserve will be reviewed once all surveying data and the boundary line has been located. For these lots clear cuffing will not be permitted and all efforts will be made to preserve scrub habitat areas. Information concerning adjacent lands. (a) Existing land use: provided (b) Zoning classification: provided (c) Circulation system: provided (d) Density: provided (e) Public facilities: provided "'if) Unique natural features: provided Site plan review standards: City Engineer's review: See Attached Other Matters: Staff needs clarification on the easement for the entrance road from Roseland Road. It appears the road encroaches upon private property within Indian River County. The Planning and Zoning Commission recommended approval of Collier Club PUD at their regular meeting of April 2, 1998. 10 14. 15. 16. Analysis: Collier Club PUD is designed as a deed restricted private single family community. The project contains 158.8 acres of which 36.84 acres are reserved for recreation and natural preserve. The typical lot is 60' x 125' with 5' side setbacks, 25' rear setbacks and 20' front setbacks. The typical lot is designed for homes in excess of 2,000 s/f of living area with a minimum of 1,400 s/f allowed by deed restrictions. The first two phases of the proposed development will contain 112 units at a density of 2.8 units per acre. Phase I and II contains 51.13 acres of project area of which 39.69 are dedicated for development. The development will have public water and sanitary sewer as well as a closed drainage system with curb and gutter road sections. The community will have recreation amenities including ~ 3.23 acre recreation complex which may include tennis courts, swimming pool, volleyball and a play ground. In addition, the conservation area along Collier Creek will serve as a passive recreation amenity. The close proximity to the Sebastian Municipal Golf Course will not only be an asset to the development but also provide additional revenue to the course and restaurant. Conclusion: The proposed project is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. Recommendation: Staff recommends the City Council adopt this staff report and approve the Conceptual Development Plan for Collier Club PUD with the following conditions: The contractor shall be responsible for erosion control within best management practices for the duration of the project until such time as the project has been certified as complete. Silt fences shall be installed along limits of construction. Contractor shall construct sidewalks in the adjacent right-of-way and along recreational tracts prior to certificate of occupancy approval. The applicant shall submit the construction drawings to the City Engineer for approval prior to initiating construction, and shall submit for approval easement details for entrance road "A" from Roseland Road. Applicant shall submit copies of permits from St. Johns, DEP and Fish and Wildlife prior to construction approval. 11 Applicant shall submit for a sandmining permit to remove excess fill from the site during construction of Stormwater Tract "A". Applicant shall submit copies of Indian River County approvals for connection to Roseland Road and Utilities plan. Applicant shall submit for final development plan approval within eighteen (18) months from the date of preliminary approval. PREI~RED BY DATE 12 City of Sebastian ]225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (56]) 589-5330 FAX (56]) 589-2566 MEMORANDU DATE: TO: FROM: SUBJECT: March 11, 1998 Robert Massazelli, Commm.n.ity Development Martha S. Campbell, P.E. City Engineer Collier Club - Preliminary Plat Review This review is for the preliminary plat, including the preliminary plat, stormwater plans, transportation plans, and drainage easements and dedications. This does not include a review of the road construction, utilities, and drainage structures, which will be part of the Construction Plan review. The following comments need to be addressed in the preliminary plat. 1. The cover sheet is redlined reflecting some corrections that need to be made. 2. The preliminary plat needs to have descriptions of the dedications and easements. All of the roads, stormdrains and stormwater management areas are to be privately owned and maintained. 3. A tope of the property, was not provided. It is necessary to review a tope for fill and drainage issues. Please provide grading plan. 4. The 25 ff buffer on the south property line shows that it drains east toward Collier Creek. The elevation of 19.5 is the lowest point shown. This must be iow enough to drain the wetlands toward the creek, without leaving a Iow point adjacent to the property on Tract "1". 5. Stormdrain between Lot 106 and 105 is shown as CAP. Shouldn't it be RCP like all others? 6. Section C-C on page 6 of 13 appears to be in the wrong place. Where would one find the location of section D-O on the plan sheets? 7. The County Department of Public Works must review and approve the location of the access on Roseland Road pdor further approvals. 8. The County Utility Department must review and approve the potable water system and sewage system. 9. The typical road section on page 16 of 21 is incorrect. The roads are on a 50 foot right-of- way with a 22 ft pavement width. Please do a section that also includes the 5 foot sidewalk. Sidewalks on both side of the streets were requested by this office during the Conceptual Review. Only one sidewalk is shown on the plan. ~ Massarelli Re: Collier Club 3/11/98 10. Section C-C on page 8 of 13 needs to have the sidewalk included on it. 1 1. Pretiminan/design of Collier Creek bddge crossing is requested. 12. Please provide the street lighting plan. If there are any questions regarding any of these comments, please let me know. I look forward to working with you to finalize the staff report and approvals far this subdivision. City of Sebastian TELEPHONE (561)589-5537 a FAX (561)589-2566 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, APRIL 2ND, 1998, AT 7:00 P.M., TO CONSIDER APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR PHASE I AND II OF COLLIER CLUB, A PLANNED UNIT RESIDENTIAL DEVELOPMENT, CONTAINING 158.84 ACRES MORE OR LESS, 452 PROPOSED LOTS AT A DENSITY OF 2.8 UNITS PER ACRE, LOCATED EAST OF ROSELAND ROAD, NORTH OF MAIN STREET AND PONOKA STREET, SOUTH AND WEST OF SEBASTIAN MUNICIPAL GOLF COURSE. PHASE I AND II WILL HAVE STREET ACCESS FROM ROSELAND ROAD. HERBERT MUNSART, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATLM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE ~MERICANS 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 THE MEETING. PUBLISHED: MARCH 18, i998 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX 1561) 589-2566 April 2, 1998 Dear Property Owner:. Pursuant to the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi-Judicial Public Hearing on Wednesday, April 15, 1998 at 7:00 pm in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Flodda, to consider adopting a resolution approving a preliminary development plan for Phase I of Collier Club, a planned unit development consisting of $1.13 acres in Phase I, for 112 single-family units at a density of 2.19 units per acre, located east of Roseland Road, north of Ponoka Street, south of Sebastian Municipal Golf Course and west of Collier Creek. All records are available for review in the office of the Community Development - Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, betwe&n the I~ours of 8:00 am to 4:30 pm. · Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence up0on which the appeal will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian City of Sebastian, Florida Subject: Discussion relative to code enforcement proposals including the placement of enforcement officers into the Police Department Approved'for Submittal by: City Manager Exhibits: EXPENDITURE REQUIRED: ] AMOUNT BUDGETED: To be provided [ To be provided Agenda No. Department Origin: City Manager Date Submitted' April 10, 1998 For Agenda of: April 15, 1998 APPROPRIATION REQUIRED: To be pro¥ided SUMMARY STATEMENT 1. Assignment of Code Enforcement Officers - Currently, code enforcement officers are responsible to report to the Director of Community Development and the City Building Official. The proposal would establish two branches of code enforcement activities. Within the Community Development Department, under the direct supervision of the building official would be the building inspectors which by job description are also code enforcement officers. These inspectors would be responsible for the enforcement of building code matters which would be appropriate to be processed through code enforcement processes instead of the construction board. The main code enforC'~ment activity would be placed under the auspices of the Sebastian Police Department. The role of the code enforcement officer would be much the same as when the positions were under the Community Development Department as is spelled out within the Sebastian Code of Ordinances. The secretary to the code enforcement board would continue to work out of the Community Development Depa_mnent for the present time. Adjustments or work assignments may be modified based on need and experience. 2. Amendment to the Code Enforcement Ordinance - As pointed out in the workshop, there are a number of amendments to the current code that need to be accomplished just to bring the existing ordinance into compliance with the Florida Statutes. The staff is requesting that the Council also amend the code to allow for the use of citations as provided within the Florida Statutes. This should speedup the process and establish a mechanism for the assignment of fines on an administrative level. A similar process is currently utilized both in Vero Beach and Indian River County. 3. Code Enforcement Board or Hearing Officer - There are two methods available for processing violations without going into the court system. The first is to continue to use the code enforcement board as presently constituted. The only code changes necessary would be in the modified ordinance to bring to into conformance with state law, and a recommendation that an outside counsel be retained on an hourly basis to present the cases before the code enforcement board, In effect the outside counsel would be the City's prosecutor before the code enforcement board. The City attorney would continue the representation of the board itself and work in an advisory capacity. The second option would be a hearing officer who would hear the cases and rule on the finding of law. The hearing officer would have to be qualified pursuant to Florida requirements and would be paid most likely on an hourly basis. In this scenario the City could opt to use the services of the City attorney to present cases before the hearing officer or the City could choose outside counsel. RECOMMENDED ACTION 1. Authorize the assignment of code enforcement officer(s) to the Police Department including the appropriate transfer of funds from the Community Development, Department to the Police Department with clerical support for the code enforcement to come from the Community Development Department; 2. Authorize amendments to the current Code of Ordinances bringing the existing code into compliance with Florida Statutes; 3. Authorize the inclusion of a citation and fine process into the amended code of ordinances; 4. Agree to allow an appropriate funding to retain an outside attorney for the code enforcement board; 5. Determine whether to continue the use of a code enforcement board or to shift to a hearing officer;