Loading...
HomeMy WebLinkAbout09-07-2023 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES SEPTEMBER 7, 2023 I. Call to Order IL Pledge of Allegiance III. Roll Call Present Mr. Roberts (a) Ms. Kautenburg Mr. Carter Ms. Lorusso Not Present Ms. Matthews -- Excused Ms. Geesey (a) -- Excused Mr. Haddix Ms. Battles Ms. Kinchen IV. Announcements and Aoenda Modifications 06 .0 N C C* a� cuE E Evi C 0' � ca 0 C I' - 2 a ca. & o. a Ms. Kautenburg announced that Commissioners Geesey and Matthews are both excused from tonight's meeting. The alternate member, Mr. Roberts, will be voting in place of Ms. Matthews. V. Approval of Minutes -- Regular Meeting of August 17, 2023 All having indicated that they had reviewed the Minutes of August 17, 2023, Ms. Kautenburg called for a motion. A motion approving the Minutes of August 17, 2023 as presented was made by Mr. Carter, seconded by Mr. Haddix, and approved unanimously via voice vote. VI. Local Plannino Aoencv (LPA) Public Hearinos: A. Public Hearing -- Recommendation to City Council -- Subdivision Preliminary Plat -- Cross Creek Lake Estates Addition -- 24.4 Acres, 35 Lots, 1.43 Units/Acres -- Powerline Road/Yearling Trail -- VLDR Future Land Use (Very Low Density Residential, Max 3 units/acre) -- RS-10 Zoning District (Residential Single -Family) City Attorney Cockcroft read the item into the record. She stated the requested action is approval of a preliminary plat for 35 lots on a 24.4-acre parcel, addition to the existing PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 2 Cross Creek Lakes Subdivision. The property owner is Henry Fischer, the Engineer is Joseph Schulke, and Mr. Warren Dill is here on behalf of the owner. Ms. Kautenburg reviewed the procedure for hearing public input. She then called on the applicant to make his presentation at this time. Mr. Warren Dill, attorney for the applicant, stated that Dr. Fischer is here as well as Jeff Barkett, who is an engineer with Schulke, Bittle & Stoddard. He stated that Mr. Schulke had an emergency and will not be able to attend tonight, and Mr. Barkett will answer any questions the commissioners may have. He reviewed the history of Cross Creek Estates and Cross Creek Addition and what is being proposed for the project. Cross Creek Addition was always intended to stay within Cross Creek Estates. The City is taking the position that it is a new subdivision which will require new requirements that were not around when Cross Creek was established. In 2018, the third amendment to the declaration specifically addresses this property. It made it clear that this property is part of Cross Creek, and the new residents have to comply with the same requirements as the existing residents of Cross Creek. City staff feels it was new because the word "phase" was not put on the preliminary plat. It was there, but it was not called "phase." Because it is a new subdivision, we must comply with the following items, one of which is access. City requirement is that there be another access on Shakespeare Street. Dr. Fischer feels that there are two access points presently: the main entrance on Powerline Road, and that over 1,000 feet south, which is the separation the City code requires, we have an emergency access for this development. The City has agreed at this point in time that it would just be an emergency access. He showed photographs of the emergency access and a sign identifying it. The applicant believes the two existing ingress and egress points are sufficient for this development. Mr. Dill stated that the second item that must be addressed is a "public" recreation requirement which is defined as recreation for the public, not just the residents. Mr. Fischer is providing 1.82 acres of recreation. There is also a 30-plus-or-minus-acre lake that he does not get credit for. Mr. Fischer has chosen to advise the City that he is not going to give public access to use these new recreational amenities that he is putting in for which he must pay a charge that the City is going to impose. The cost of that fee is going to be the value of one acre of land. He also described the other requirements of the City such as streetlights, cul-de-sac requirements, and two entrances/exits. Mr. Fischer is also providing a loop road around the lake, which will be stabilized. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 3 Mr. Dill said the City has a required life for a preliminary plat, and that life is 18 months. Because the applicant did not come back within 18 months, he has to start over. That is why we are here tonight. Ms. Kautenburg asked for staff presentation. Ms. Bosworth entered the Staff Report into the record. She explained that the items in the staff report are code requirements the preliminary plat has to meet. She emphasized that in all the documents presented to the City, there was nothing ever given to the City so that staff had something in writing that formally says this is another phase of Cross Creek Lake Estates. She reviewed in detail the items in the staff report, and staffs recommendations are as follows: 1. The requested adjustments to LDC Section 54-4-19.12c) street lighting, and Section 54-4-19.11(i)(4)h Cul-de-Sac length, are granted. 2. Construction of a fully designed, second access point is required in the southwestern portion of the top loop of Yearling at the Shakespeare Street and Lanfair Avenue intersection prior to issuance of the final certificate of completion. Final design shall be included with the submission of the CCLE Addition's subdivision construction plans, and shall include any improvements necessary to the aforementioned intersection so that it meets FDOT and City design standards. The maintenance of the second access shall be the responsibility of the CCLE HOA, which can be gated. The second access point may be used as an emergency access only until such time as when Shakespeare Street is extended and open to CR 510. When this occurs, the second access point must be opened to the residents of CCLE for full access. 3. The final stormwater design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD and SRID, and shall address any remaining comments from the City's Consulting Engineer. 4. A recreational fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur. 5. A Gopher Tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated and submitted prior to issuance of any Land Clearing Permit and site development activities, including for the area of the second access point. 6. Subdivision construction traffic for the CCLE Addition parcel shall enter from the primary entrance on Powerline Road and not from Shakespeare Street or Lanfair Avenue. Ms. Kautenburg called for public input. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 4 Tony Salazar, Shakespeare Street, Sebastian -- He opposes the project and explained his reasons for opposition and offered suggestions for changes to what is now planned. Jeffrey Junek, Sebastian, 1718 Mainsail Street, Sebastian -- He asked if a traffic study has been done on how much traffic Shakespeare Street can hold today. He opposes the project and explained his reasons for opposition. Heather Fisher, Shakespeare Street, Sebastian -- Her main concern is the traffic flow, and she opposes the project as it is planned. Amy Speak, Sebastian -- She agrees with what has already been said, and she opposes the project as it is planned. Diane Spagnolia, Sebastian -- Her issues are with the width of the streets/entrances, and she has asked for an engineer to come and look at the situation. She opposes the project as it is planned. Donna Greco, Sebastian -- Her issues are with the emergency exit gait, the effect on the wildlife, increase in traffic, and she opposes the project as it is planned. Tammy Salazar, Shakespeare Street, Sebastian -- Her issue is with speeding of the traffic on Shakespeare Street, and she opposes the project as it is planned. Paul Jameson, Cross Creek Lake Estates, Sebastian -- He reiterated what prior speakers had presented. His issue is also with the emergency gate, and he opposes the project as it is planned. Jose Barradas, Sebastian -- He has three children who can play outside now. In the country that he comes from, that was not possible. He is asking that the City consider installing a speed bump in front of his house. He opposes the project as it is planned. Gary Hammock, Lanfair Avenue, Sebastian -- He has issues with the narrowness of Shakespeare Street. He opposes the project as it is planned. Dennis Griffith, Cross Creek Estates -- His issue is with the proposed gates/entrances and the increase in traffic if the project proceeds as it is planned. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 5 Jeffrey Carrier, Lanfair Avenue, Sebastian -- He is concerned with the lack of visitation to the area involved by the commissioners. His issue is also with the narrowness of Shakespeare Street, and he is opposed to the project as it is planned. He is a member of the Natural Resources Board, and he is concerned with how the project will affect the wildlife, and he made some suggestions for revising the planned project. Scott Carmine, Shakespeare Street, Sebastian -- His issue is with the emergency exit as well as the narrowness of some of the streets as well as people going the wrong way on the one-way streets, and he opposes the project as it is planned. Bruce Stoll, Lanfair Avenue, Sebastian -- One of his issues is the plotting on the west end of Lanfair and Lighthouse, and he is opposed to the project as it is planned. Norm Tessier, Seashore Avenue, Sebastian -- He is concerned with the present emergency gate and the present state of Shakespeare Street. He is opposed to the project as it is planned. Charles Stadelman, Sebastian (Zoom) -- He is a member of the Natural Resources Board and is also associated with the Sebastian Rotary Club. He is concerned with connectivity of the parks in Sebastian. He suggested referring this matter to the NRB, whose mission is to improve the quality of life in Sebastian. He would like to ask City Council to defer this until the NRB takes it up as an agenda item. Ms. Cockcroft reminded the commissioners that at this time they will need to disclose any ex parte communications, site visits, which are presumed prejudicial, and which is why they would need to be disclosed at this point, as well as any investigations and/or any research or recusals pertaining to this matter. She also reminded the commissioners that they will be considering only competent substantial evidence, not lay opinions and, as well, no testimony other Commission members should be given greater weight than any other testimony. Ms. Bosworth addressed a few of the things that have been said tonight. She verified that this is a recommendation to City Council. This is not the final decision. It still has to go before City Council, most likely on October 11 t". Letters will be sent out for that meeting. She noted that the codes being discussed are from the Comprehensive Plan and the LCD and are not just randomly from staff; they have been adopted by this Commission and City Council, and they are looked at for the safety and welfare of the City's residents. She is specifically speaking about the second entrance. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 6 From the last meeting with River Oaks Preserve there were a lot of people who came and spoke about the situation on Shakespeare with traffic going one way. She contacted the City Engineer Department and the Roads Division to have them look at that. The City Engineer has reached out to her staff as to if there was additional signage and striping on that street. Those concerns have been relayed to the Engi- neering Department. Another concern is that between this subdivision and the River Oaks Preserve, at no time is the City requiring or requesting that the one-way Shakespeare Street be made into a two-way street. She also emphasized that for this subdivision the Shakespeare Street extension is not part of this subdivision con- sideration. The only time that that comes into play is concerning the River Oaks Preserve. They are going to be giving the City their conceptual plan, if it is approved by City Council, and the right-of-way to connect Shakespeare Street there. If it is de- cided that Shakespeare Street is not to be extended, the code still remains that the subdivision has to have two entrances. Then there is a lot more traffic that is going to be put onto Lanfair going out that entrance, and it has to be a two-way entrance. The City's compromise was that, if Shakespeare does get extended, the City will al- low this to be an emergency access until we can get the traffic off of the local roads onto the Shakespeare Street extension. The part of Shakespeare Street that would be mostly affected is between Lanfair and Lighthouse. Otherwise, the rest of Shake- speare extension to 510 is along the River Oaks Preserve subdivision. There is no requirement for any developer to widen or try to get two lanes affecting the one-way Shakespeare Street at it is presently. She also added that Mr. Joseph Schulke, a representative of Schulke, Bittle & Stoddard did go out there based on the survey and the elevations, and he has come up with a plan for that access. She also stated that a full traffic analysis is not required unless and until the conceptual plan for River Oaks Preserve comes in. She repeated that staff recommends approval with the six conditions noted in the Staff Report. Ms. Kautenburg called on the commissioners for their questions/comments. Mr. Roberts -- He asked regarding Shakespeare Street and where the emergency vehicles would have to come from. Ms. Bosworth explained how that would work. Ms. Kinchen -- Her concern has to do with the emergency access. She stated that there has long been discussion about extending Shakespeare Street to CR-510, and it still has not happened. She does not see the point in making it into a fully designed emergency access. She is also of the opinion that the emergency access be closer to the Lanfair section rather than the Shakespeare section. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 7 Ms. Lorusso -- She asked how much leeway is between preliminary and getting to construction and final phases. Ms. Bosworth explained how this is different from a PUD. In a PUD, you look at a conceptual first. If the Commission approves the preliminary plat, this is the design. If City Council accepts your recommendations, this is it. The next step is to come in with construction drawings, and she explained that process. Ms. Lorusso emphasized that we are bound by the City codes. Mr. Haddix -- He asked regarding the current entrance on the existing Cross Creek, and are they creating a new entrance. Ms. Bosworth stated yes, the one that the City is proposing on Shakespeare and Lanfair. The City is allowing it to be an emergency access until Shakespeare is extended to 510. The City does not want a lot of the extra traffic to have to go onto Lanfair, because we know that is a concern. He does not see how we can approve something on an idea of the future that it is an entrance, when we are not requiring it to be an entrance now. ' There is an existing emergency access off of Powerline Road. She further explained that there is nothing in the code that says you need an emergency access; you need two full accesses. Mr. Haddix asked regarding the fee that Mr. Fischer is willing to pay in -lieu -of, what is that fee allocated to. Ms. Bosworth said it would go into the Parks and Recreation/Leisure Services Department. Ms. Battles -- She has walked Lanfair and other streets, so she knows the area. She asked how the community is going to be serviced by trash collection. Mr. Barkett said he is not 100% certain on the trash, but he is sure it would be the local service provider. Ms. Battles said she lives in another Fischer community, and there are issues with rutting in the roundabouts from the trash trucks. She asked if the emergency access road that is also going to be used as a trail is part of the open - space calculation. Mr. Barkett said it is, and there was further conversation between Ms. Battles and Mr. Barkett regarding this question. There was also discussion regarding where the mailboxes will be placed. Regarding the access, Ms. Battles asked several questions, including who owns the property that the existing emergency access is on at Powerline Road. Ms. Bosworth said it is the HOA. Ms. Battles asked who owns the property that the City is proposing emergency access from Shakespeare. Ms. Bosworth said it is a tract owned and maintained by the HOA. Ms. Battles asked if the code that Ms. Bosworth is citing that requires two access points requires that those access points be on different roads. Ms. Bosworth said no, and that subject is addressed in the recommendations in the staff report. Ms. Battles asked if there has been any precedent for a variance from this requirement. Ms. Bosworth explained that in some sections of the code it is called a waiver, in some sections it is a variance, in the Article 19 for subdivisions it is called an adjustment. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 8 An adjustment was already given to the parent parcel of having those two entrances. The parent parcel already got that adjustment which says, if you cannot do the entrances, you can have the emergency access. Ms. Battles asked, being that this is a separate plat, would they be able also to file for an adjustment. Ms. Bosworth stated that can be looked into; it was not requested. Ms. Battles asked if the applicant feels that it is an option to provide another access where the emergency access is presently, and she asked if that is even viable. Ms. Bosworth stated this was a requirement in the 2020 preliminary plat that came before the City, and that plat had an access onto Shakespeare as an emergency access. In 2020, there was not the feasibility of extending Shakespeare. Ms. Battles said there was a speaker in Public Input who suggested making sure it is the right thing for the community, and she does not think this access makes sense because both sides are opposed to it. She also stated that, if it is something that code requires, she suggested finding an alternative that would also meet code. Ms. Kautenburg -- She said that, although she did not raise her hand when the commissioners were asked if they had been out to the site, she has been down Shakespeare. The majority of the speakers from the public spoke regarding Shakespeare. Every one of them said that Shakespeare is problematic presently. She added that the narrower a street is, the less safe it is. If you want a safer street, it needs to be wider. With regard to the emergency exit, most of the gated subdivisions in the City have emergency exits that most of you would not recognize if you saw them. She believes that none of them has ever been used. The City provides for that unknown emergency. There being no further deliberation, Ms. Kautenburg called for a motion. A motion recommending to City Council approval of the proposed preliminary plat for the Cross Creek Lakes Estates Addition subdivision with the six conditions as stated in the staff report was made by Mr. Carter and seconded by Ms. Lorusso. Roll Call Ms. Kinchen -- Yes Ms. Battles -- No Ms. Kautenburg -- Yes Mr. Roberts -- No Vote was 4-3 in favor. Motion passes. Mr. Haddix -- No Ms. Lorusso -- Yes Mr. Carter -- Yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 9 Ms. Kautenburg reminded everyone that this will go before City Council, and there will be a chance for public input again at that time. VII. Unfinished Business -- None Vill. New Business -- None IX. Adiournment There being no further business, Ms. Kautenburg adjourned the meeting at 8:25 p.m. j9