Loading...
HomeMy WebLinkAbout02051997a City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARiNG(S) WEDNESDAY, FEBRUARY 5,1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 6:05 p.m. The Pledge of Allegiance was recited. ROLL CALL City Cotjncil Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting February 5, 1997 Page Two 4. QUASI-JUDICIAL PUBLIC HEARING(S), FINAL ADOPTION 97.059/ 96.057 Appeal to Site Plal~ Approved by Planning. and Zoning Commission for Gllace's LajlOirlg (Community D~Y~10pment Director TranslI~itlal 1/27/97, City Attorney Memo 1/29/97, StaffReport, Applj~;atiola w/Attachments, P & Z; Minutes, Appeals) Mayor Cartwright explained the purpose of the hearing and opened it a 6:06 p.m. The City Clerk administered an oath to expert witnesses Attorney Paul Gugelman, applicant Bethany Carpenter, Director of Community Development Bob Massarelli and Bruce Cooper, representing Bruno and Janet Cristofori. The Director of Community Development presented staff's report on the site plan for Grace's Landing 70 unit low-income elderly housing project, as submitted in Council's packet (see report attached). He referred to the 1993 Kimley-Horn Transportation Study and read from the Transportation element of the Comprehensive Land Use Plan, noting the project will not exceed levels of service; said the applicant had agreed to donate right- of-way on Louisiana and Palmetto; and displayed a 1991 Louisiana Avenue survey prepared for the City by Masteller and Moler which exhibits a need for an additional five feet of right-of-way on either side of Louisiana Avenue. He reviewed the site plan and requested that staff be authorized to direct the developer to shift buildings and other structures to protect trees on the site; and said that although Palmetto does present a concern to staff., it cannot require the developer to correct existing deficiencies, noting that there is encroachment onto Palmetto by properties to the north. He noted that the City has not adopted a concurrency management system as required by the Comp Plan. In closing, he said that the project is consistent with the Comprehensive Land Use Plan, Code of Ordinances and Land Development Code; again requested authority for staffto approve adjustment of structures to protect specimen trees; and stated the applicant will donate 15' of right-of-way along Louisiana and 10' of right-of-way along Palmetto which should be completed prior to the issuance of any building permits. In response to Mr. Halloran, he said that making the Palmetto access emergency only is an option. Attorney Paul Gugelman, representing Bethany Carpenter, requested that the December 11, 1991 Masteller & Moler survey of Louisiana Avenue be submitted into the record (Exhibit A). There was no objection. 2 Special City Council Meeting February 5, 1997 Page Three Bruce Cooper, Bruce Cooper Consulting, 6565 Whispering Pine, Grant, inquired whether there were plans for funding for improvements to Louisiana and the Director of Community Development said he was not aware of any. In response to Mr. Cooper, the Director of Community Development said the site plan was not reviewed by any other staff nor by the City's consulting engineers Masteller & Moler; nor had he verified stormwater calculations. Mr. Cooper cited FS 163.3194(1) a & b and the Director of Community Development said his review is limited based on the authority given to him by the Land Development Code. Attorney Paul Gugelman prbsented a packet of information to the City Clerk to be entered into the record (Exhibit B - see list of documents attached), went on to give his background and asked to be qualified as an expert witness. He then requested that the Grace's Landing site plan be entered into the record (Exhibit C); said he concurred with the Community Development Director that the site plan complies with the Comprehensive Land Use Plan and Land Development Code. He read a January 26, 1996 letter of commendation for Ms. Carpenter from the Villages of Tupper Lake in New York and entered it into the record (Exhibit D). Bethany Carpenter, Grace's Landing Ltd., addressed City Council. TAPE I - SIDE II (6:50 p.m.) Ms. Carpenter said hers was one often projects funded by Florida Housing Finance Agency; presented a brief background on the application process for the project; gave her background with these types of projects in rural areas in several states funded through federal loan programs; listed the proposed COSt of the units; explained the land use agreement whereby the units must be elderly housing for fifty years even if sold. Attorney Gugelman said the applicant has no objection to conditions recommended by staffand is happy to work with the City on emergency access on Palmetto. In response to Mr. Taracka, Ms. Carpenter said there will be an on-site manager, emergency lighting, emergency pull switches in units and a flag system on mailboxes, a maintenance management agent, a lease stipulation that if a person stays with a tenant for more than 15 consecutive days or more than 15 days in a 45 day period their income Special City Council Meeting February 5, 1997 Page Four would have to be included. Ms. Carpenter introduced project contractor, Tim Wilson of Two Plus Four Construction. In response to Mayor Cartwright, Ms. Carpenter said hers is a for-profit corporation. In response to Mr. Barnes, Ms. Carpenter said applicants need to submit tax returns to be qualified for units, grandchildren of{enants cannot become tenants, only the elderly and/or disabled. Mr. Halloran inquired how the age of the tenants can be maintained as elderly and the age and number of tenants living in a unit after the initial lease can be restricted, to which Ms. Carpenter replied that she would review the management plan regarding limiting the number of tenants in a unit. Edra Young, 1151 Clearmont Street, Sebastian, said she was anxious to see this type of housing in Sebastian for the elderly. Bruce Cooper, representing Bruno and Janet Cristofori, residing at 1044 Palmetto Avenue, and property owners of 1036 and 1056 Palmetto Avenue, submitted an appeal position into the record (Exhibit E). He stated that he had been Director of Community Development and Building Official for 8 1/2 years; that the Cristofori's were not opposed to the project but were requesting that the site plan comply with all adopted codes and the Comprehensive Land Use Plan, again citing FS 163.3194 (1) (a) which he said states that the Comprehensive Land Use Plan must be complied with regardless of a concurrency management plan; stated that Louisiana and Palmetto do not meet minimum standards criteria for two lane roads; and said the site plan was in violation since it had no City engineer review. He recommended that a Florida registered traffic engineer determine impacts and necessary improvements in accordance with the Comprehensive Land Use Plan; that the City Engineer review the site plan and traffic data and that no certificate of occupancy be issued until improvements are completed. Mayor Cartwright stated the '93 Kimley-Horn study surveyed Louisiana and Palmetto as they exist today, to which Mr. Cooper concurred that Louisiana has not changed, however, that Palmetto was not identified in the study at that time; said that Palmetto property owners do not believe that Palmetto should be one-way to accommodate the project and that the emergency access only would be a definite plus. 4 Special City Council Meeting February 5, 1997 Page Five TAPE II - SIDE I (7:37 p.m.) Mr. Cooper again read from 163.3194 (1) (a) and (b) and discussion followed on whether the Comprehensive Land Use Plan takes precedence over the Land Development Code, what impact CR 512 twin pairs will have on Louisiana and what level of traffic the project will generate. Mr. Cooper, in response to Attorney Gugelman, said he was Director of Community Development from 1987 to 1995 and the Comprehensive Land Use Plan was adopted in 1991 or 1992, Mr. Gugelman then noting that Mr. Cooper would then have been in charge of concurrency for the City. Mayor Cartwright called recess from 7:35 p.m. to 8:08 p.m. All members were present when the meeting and hearing reconvened. Mayor Cartwright then called for informational testimony. Bruno Cristofori, 1044 Palmetto Avenue, offered testimony on the inadequacies of Palmetto, said the area adjacent to this project has potential for future multi-family development, and that lack of sidewalks is a safety issue; said it would be a great injustice if the road issue is not addressed; and presented photos of Palmetto Avenue to the City Clerk. Janet Cristofori, 1044 Palmetto Avenue, said her appeal is strictly based on the substandard roads; cited the history of this area and said one-waying of Palmetto should not be an option. Carole Phelps, 1053 Palmetto Avenue and 1102 Louisiana Avenue, said the condition of the roads was an embarrassment to the City, that P & Z had asked why the property owners had let the roads go as long as they had and she stated why should the property owners have to petition the City to fix its streets. She said she had lived and paid taxes in that area for 40 years and had never asked anything of the City until now. Wayne Brubaker, employee of Phelps Garage, 1102 Louisiana, said he felt deceived by City officials in that the rights of property owners in this area had been neglected for the rights of one. Special City Council Meeting February 5, 1997 Page Six Charles Titus, 1025 Palmetto Avenue, Sebastian, said the condition of the roads has not changed in 45 years. A1 Vilardi, 445 Georgia Boulevard, Sebastian, inquired whether there were gopher tortoise or scrub jays on the site and expressed concern for the residents safety due to lack of sidewalks. Fred Anderson, 1001 Foster Road, Sebastian, suggested the developer contribute to the costs of improvement; said he was unaware that site plans did not have to go to the City Engineer for review; and commented that he had been required to pave roads, install utilities and sidewalks in one of his developments outside the City limits. Ruth Sullivan, 1215 Indian River Drive, Sebastian, said costs for road improvement should be ascertained prior to development approval, stated that this type of housing is also for disabled people as well as elderly, and requested the item be tabled for a traffic study. Judy Shuttleworth, 909 Louisiana Avenue, Sebastian, expressed concern for the further damage to Louisiana by construction trucks and asked if she would then be asked to pay for repair. TAPE II - SIDE II (8:25 p.m.) Chuck Neuberger, 357 Melrose Avenue, Sebastian, questioned why the developer couldn't go east to Indian River Drive for the waterline and recommended a new access taking trane out of the development west to Main Street. Larry Paul, 1701 Sunset Lane, Sebastian, said the City should embrace business and suggested the City ask for some of its transportation impact fee money back from Indian River County to defer costs to Sebastian residents for improvements. Oscar R. Pettigill, 800 Louisiana Avenue, Sebastian, said the project doesn't fit with Louisiana Avenue. George Metcalf, Pine Street, Sebastian, spoke on behalf of the VFW and American Legion, stated the proper place to hook into the waterline is Main Street and Indian River Drive. 6 Special City Council Meeting February 5, 1997 Page Seven Sandy Castillo, 920 Louisiana Avenue, Sebastian, said she had lived on Louisiana for 25 years, had always had serious drainage problems which had never been addressed by the City and now the City is accommodating a developer's drainage concerns. Frank Ostrowski, 929 Louisiana Avenue, Sebastian, expressed concern for ambulance traffic and increased resident traffic. Mayor Cartwright closed the public information period of the hearing at 8:55 p.m. The Director of Community Development stated that staff review was based on the Land Development Code as well as the Comprehensive Land Use Plan and Code of Ordinances; said it was his opinion that the project does further and is compatible with the objectives, policies, land uses,, densities and the intensities within the Comprehensive Land Use Plan; said most of the highlands does not meet the minimum standards for local streets; responded to the many concerns expressed; said staff recommends that improvements to Louisiana and Palmetto be included in the next Capital Improvements list as an unfunded need and work toward a funding source, said the LDC does not require a City Engineer's review, noting that the project was engineered by the developer's engineer Velcon Group, and reviewed by St. John's River Water Management District and Department of Environmental Protection; noted that a traffic study cannot be required for this project in accordance with the Land Development Code; stated that no competent evidence had been presented to indicate that the project will lower the traffic level below level of service "D"; said right-of-way width cited by Mr. Cooper was strictly for subdivisions; said, in his opinion, the twin pairs will have no adverse impact on Louisiana traffic; suggested a neighborhood study on the Louisiana Avenue corridor be conducted in the next fiscal year as to land use, utilities, transportation, right-of-way, recreation, and compatibility of existing uses; recommended that construction traffic go north on Louisiana to Main only, and said there were no apparent endangered species nor any wetlands on the site. Beth Carpenter, responded to a question by Mr. Halloran by reading from the lease agreement, "Only those persons whose names appear on this lease may occupy the apartment without prior written consent except guests for not more than 7 days. The apartment may be used solely for private housing. You may not assign this lease or sublet any portion of this apartment. If you will be absent for more than 14 days you must notify us in writing"; listed the application fees, impact fees and assessments she is required to pay for development. She listed the fees involved in this project noting she had spent over 7 Special City Council Meeting February 5, 1997 Page Eight a half million so far. Paul Gugelman, read from case law regarding the inability to collect money from a developer to correct existing deficiencies and entered them into the record (Exhibit not received). (He cited Nolan vs. California Coastal Commission, Lee County vs. New Testament Baptist Church, and City of Lauderdale Lakes vs. Korn (?)) He then distributed an excerpt from 163.3149 (Exhibit F) and stated "if the City wishes to deny the site plan, that action has to be consistent with the Comprehensive Plan", however he had heard no evidence by anyone that would indicate that the denial of the plan would be consistent with the Comprehensive Plan, therefore to deny the plan would violate Florida law. He further commented that denial of this site plan will cost Indian River County the opportunity for affordable housing for the elderly of this type. Beth Carpenter said that in accordance with HUD guidelines, disabled are eligible for residency but that out of 52 letters she has received, only 2 people are disabled. She said in her experience 99% of the tenants in these types of facilities are elderly. Mr. Halloran noted that Ms. Carpenter had previously demonstrated to him that the minimum age limit was 55. Ms. Carpenter said she believed this issue was addressed before Council last March. Ms. Carpenter said construction should begin March 1 and take 7-9 months. She agreed to monitor construction traffic when asked by Mayor Cartwright. TAPE III - SIDE I (9:25 p.m.) Mr. Barnes said he had empathy for the residents and wanted to see something move forward for improvement to the roads. The City Manager stated that staff has suggested that Council direct staff to include Louisiana Avenue in the Capital Improvement Plan, noting it would probably have to go in as an unfunded need and suggested that projects can be reprioritized or this project can be placed in the next year's plan. He said it would have to be funded through discretionary sales tax. He said he visited Louisiana Avenue yesterday and noted that repair will be expensive, run-offwill have to be treated and that the project may have to be subdivided. 8 Special City Council Meeting February 5, 1997 Page Nine Discussion took place on the effect of the twin pairs on Louisiana and whether or not the City could request impact fees back. The City Manager said Louisiana would not qualify for impact fees and Bruce Cooper added he had spoken to Jim Davis who told him that Louisiana is not on the 20 year program list. The City Manager noted that Indian River County is using the '91 Masteller survey for waterline expansion on Louisiana. Mayor Cartwright suggested that the road improvements be looked at at a Council' meeting in the near future. Mr. Barnes asked whether there could be a temporary concurrency ordinance to ensure future development compliance. The Director of Community Development said the ordinance is prepared, needs some further review and that he was targeting its adoption for October 1, 1997. He questioned the timetable for adoption under Florida law. Attorney Williams said he would have to review the statutes. Mayor Cartwright closed the quasi-judicial hearing at 9:50 p.m. MOTION by Cartwright/Halloran I'll move to uphold the P & Z decision and approve the site plan for Ch-ace's Landing based on that the project meets or exceeds all of the Land Development regulations and Comp Plan objectives for the City of Sebastian. I would like to make this subject to the conditions that: 1) staff.is authorized to approve adjustments to location of structures, parking and walkways to save and protect specimen trees; 2) the donation of right-of-way, 15' along Louisiana Avenue and 10' along Palmetto Avenue be complete prior to the issuance of any building permit; 3) the entrance to Palmetto be used for emergency access only. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 9 Special City Council Meeting February 5, 1997 Page Ten 5. Being no further business, Mayor Cartwright adjourned the Special Meeting at 9:55 p.m. Approved at th~(~)~.~t,. 1 ~ 5 ?,~. ~v, 1997, Regular City Council Meeting. ise R. Cartwright Mayor ~athryn K,I. 0 Halloran, CMC/AAE City Clerk , 10 GRACE'S LANDING SITE PLAN APPROVAL HEARING CITY OF SEBASTIAN FEBRUARY 5, 1997 Partial List of Exhibits: 1) Resume of Expert Witness Paul Gougelman 2) Map of the Vicinity 3) Letter of March 15, 1996 from Alexandria Enterprises Sebastian Planning and Zoning Commission 4) March 22, 1996 letter from Sebastian Planning and Zoning Commission to Bethanny Carpenter granting preliminary site plan approval 5) March 22, 1996 letter from Sebastian Planning and Zoning Commission to Bethanny Carpenter noting consistency with City's adopted plan and density 6) March 28, 1996 letter from Tom Frame, City Manager, to Bethanny Carpenter 7) March 28, 1996 letter from Mayor Cartwright to Bethanny Carpenter acknowledging that the City supports development of Grace's Landing 8) March 28, 1996 letter from City Manager to Bethanny Carpenter 9) January 7, 1997 letter from Sebastian Planning and Zoning Commission to Bethanny Carpenter advising that the final site plan had been approved subject to 5. conditions of approval 10) Minutes of January 2, 1997 Planning and Zoning Commission meeting 11) 1/27/97 Staff recommendation and Report of Community Development Department Community Development Department Site Plan Approval Application ~ Staff Report Project Name: Grace's Landing Requested Action: Site Plan Approval Project Location a. Address: Louisiana Avenue and Palmetto Avenue Legal: That part of Govemment lot 4, Township 31 South, Range 39 East, described as follows: Starting at the Southwest comer of Government Lot 4, proceeding in a Northerly direction 321 feet to a point on the Westedy boundary of Government lot 4; thence Eastedy a distance of 160 feet to a point 321 feet from the Southerly boundary of Government lot 4; thence Northerly a distance 321 feet to a point on a line parallel with the Southerly boundary of Government lot 4, 642 feet from said Southerly boundary of Government lot 4; thence Eastedy on a line parallel with the Southerly boundary of Govemment lot 4 a distance of 90 feet; thence Southerly on a line parallel with the Westedy boundary of Govemment lot 4 a distance of 175 feet; thence Eastedy on a line parallel with the Southerly boundary of Government lot 4 a distance of 150 feet; thence Northerly on a line parallel with the Westedy boundary of Govemment lot 4 a distance of 175 feet to a point on a line parallel with the Southerly boundary of Government lot 4; thence Eastedy on a line parallel with the Southern boundary of Government lot 4 a distance of 434.67 feet, thence Northerly on a line 156 degree 50 minutes a distance 110.88 feet, this point being the Westedy boundary of Louisiana Avenue, in the City of Sebastian, Flodda; thence Southeasterly on a line described as the Westedy boundary of Louisiana Avenue, said line 80 degrees 17 minutes from the immediately preceding described boundary, a distance of 512.40 feet on the Westedy boundary of Louisiana Avenue; thence Westedy on a line 68 degrees 33 minutes from the previous immediately described boundary, said line being parallel with the Southern boundary of Government lot 4, a distance of 873.99 feet to a point on a line parallel with the Westerly boundary of Government lot 4; thence South a distance of 210 feet to the Southerly boundary of Government lot 4; thence Westedy on the Southerly North: East: South: West: On January 10, 1997, the city received four letters requesting an appeal of the approval of the site plan (copies attached). The objection to the site plan related to the traffic and road improvements. On January 22, 1997, the City Council considered the requests for appeal of the site plan an set a headng for February 5, 1997. Current Zoning: Adjacent Properties Zoning COR IN RM8 CG Site Characteristics (1) (2) (3) COR Current Land Use Future Land Use residential COR businesses IN residential MD vacant CG Total Acreage: 7.29 acres Current Land Use(s): vacant Soil: (4) Vegetation: (5) Flood Hazard: (6) (7) (8) (9) Water Service: Sanitary Sewer Service: Archbold sand Astatula sand The site is thickly wooded. Trees located on the parcel include Brazilian peppers, Australian pines, live oaks, cherry laurel, and hickory. zone X, areas outside the 500 year flood plain Indian River County Utilities Indian River County Utilities Parks: Main Street Boat Ramp - 1,200 feet east Police/Fire: Police - 400 feet north on Main Street Fire - 4,000 feet northeast on US 1 Comprehensive Plan Consistency a. Future Land Use: The future land use designation is Commercial Office/Residential. This land use allows up to 12 units per acre (Policy. 1-2.2.1). The proposed site 1,500 trips and that the project volume in 2010 would be 2,500 tdps. Assuming a straight line projection, the estimated 1997 daily tdps volume is 1,800 trips on Louisiana Avenue. Using the standards of the Land Development Code (20A-10.2.D.), the estimated trip generated by this project is 70 units X 3.3 tdps per unit equal 231 trips. Assuming that alt the trips are on Louisiana Avenue, a conservative assumption, the 1997 daily trip volume will be 2,031. At this level, the project does not cause a violation of the comprehensive plan standard. Policy 2-1.1.5: Assessments in New Developments. The City shall consider adopting a City impact fee ordinance which assesses new developments an equitable pro rata share of the costs to provide City roadway improvements required to service the traffic needs generated by new development. The City has not adopted a impact fee ordinance. Policy 2o1.1.6: Adeouate Facilities Ordinance. The City shall amend the Land Development Code to require that physical improvements required to provide adequate roadway capacity be in p/ace prior to the issuance of a certificate of occupancy. In addition, prior to approval of a site plan the developer/applicant shall demonstrate to the City's satisfaction that required on- and off-site roadway and traffic improvements shall be in p/ace concurrent with the impacts of development. A/so, the developer shall demonstrate to the City's satisfaction that the proposed development shall not cause the level of service on adjacent public roads to dec#ne be/ow an annual average peak hour LOS C forpdncipal arterials and LOS D for co/lectors and local roads. The City has not amended the Land Development Code to require physical improvements. Base on observations and estimate traffic volume, the expected traffic generated by this project will not lower the level of service below level of service D. Policy 2-1.2.3: Mandatory R/W Dedication/Fees in Lieu. The City shall implement a program for mandatory dedication or fees in lieu thereof as a condition of development approval associated with plats, rep/ars, PUDs, or site plans where such developments generate a need for new or improved roadways. The purpose and intent of such program shall be to assure that: 1) adequate road RA/V and necessary roadway improvements are dedicated and developed concurrent with the impacts of new development; and 2) the cost of such improvements shall be borne by the developer generating the need for the facilities. The proposed project is an example of the Public/Private Partnerships contemplated in this policy. The City has supported the extension of water lines into this area. The pdvate developer is building this project. Policy' 3-1.1.3: Affordable Housino for Low and Moderate Income Households. By September 1990 the City shall amend ifs land development regulations in order to include p#nciples and crifeda for locating low and moderate income housing. The City shall continue to promote access to a broad range of housing opportunities with a full complement of urban sen~fces through cooperation and coordination with the private sector and Indian River County. The City of Sebastian acknowledges the need for affordable Iow and moderate income housing and has provided one of the Countj/s largest concentra#on of affordable homesifes. Sites for affordable housing for Iow and moderate income households shall be approved if such sites have access to the following fad#ties, services and/or activity centers: Serviced by potable water and central wastewater systems; ° Accessible to employment centers, including shopping centers which accommodate stores offering household goods and services needed on a frequent and recurring basis; ° Located on a paved street accessible to a major street (/.e., included in the City's major thoroughfare plan); ° Accessible to public parks, recreation ares, and/or open space systems; and ° Located on sites having adequate surface water management and solid waste collecbbn and disposal. The City shall promote the use of federal, state, and local subsidy programs, including Sec. 208 funding, to meet the need for affordable housing. The City Department of Community Development shall meet with the Indian River County Planning Director and the Director of the Indian t~iver County Housing Authority and by the end of 1991 draft a program for annual evaluation of affordable housing needs within the incorporated and unincorporated areas. The program shall include annual assessments, including recommended acfl'ons for the ensuing year. The annual assessment of affordable housing needs shall be presented to the City Planning and Zoning Board and the City Council for action. Furthermore, the City shall participate in Treasure Coast Regional Planning Council initiatives directed toward educating local govern- f. Conservation: gw Policy 6-1.2.5: Protect Deep and Surficial Aquifer Recharqe Areas. The City has no pdme deep aquifer recharge areas which have been identified by the St. Johns River Water Management District. However, stipulations for protecting sunfcial aquifer recharge areas shall be incorporated into the City's land development regulations which require teton§on of open space for all development in ordertO: Preserve the quality and quantity of water resoumes wifhin the surficial aquifer, Promote improved surface water management; and Create natural or landscaped urban green space for enhanced community aesthetics and passive pedestrian activities. The project is located in an aquifer recharge area. The provided open space and stormwater retention meets the requirements of Policy 6- 1.2.5: Protect Deep and Surficial Aquifer Recharge Areas. The proposed project is consistent with the conservation element of the comprehensive plan. Recreation and Open Space: The proposed project is consistent with the recreation and open space element of the comprehensive plan. Capital Improvements: OBJECTIVE 9-1.3: FUTURE DEVELOPMENTS TO BEAR COSTS OF THEIR RESPECTIVE INFRASTRUCTURE IMPACTS. Upon adoption of the comprehensive plan future development shall be required to fund pro rata share of all improvements the need for which is to be generated by proposed development. During fiscal yeats 1992-1993 and 1993-1994 the City shall prepare an engineering study of traffic network projects and stom7water management projects in order to determine project costs and methods for assessing future development a proportionate cost for facility improvements necessitated by new development in order to maintain adopted levels of service (LOS) standards. By the end of 1994 the City shall institute an organizational framework and fiscal management procedures for implementing this objective. A concurrency management implementation system shall be adopted as part of the land development regulation which shall mandate that applicants for development or redevelopment shall be required to pro,ldo a pro rata share of all capital improvements the need for which shall be generated by the respective proposed 9 The Cify's adopted/eve/ of se/vice standards are cited in Policy 9-1.6.1. These standards shall be used as the standard/eve/of service for concurrency management and shall be coordinated with entities having ju#sdicfionai responsibility for such facilities. The data inventory and analysis section of the traffic cimulation, public facilities and recreation elements provides an assessment of existing and projected deficiencies in levels of service and esteb/ish- es programmed capital expenditures required for public sector participation in meeting existing deficiencies. Regulatory measures including concurrency management have been adopted as a means for achieving p#vate sector participation in ensuring maintenance of adequate levels of service during the short (1995) and long term (201 O) planning period. BY September 1990 the City shall amend its /and development regu/a#ons to include a program for implementing concurrency management. The regulations shall mandate that as part of the concurrency requirements: The necessary facilities and services shall be in p/ace at the b'me a development permit is issued; or A development permit is issued subject to the condition that the necessary fadlities and services shall be in p/ace when the impacts of the development occur, or The necessary fadlities and services are guaranteed in an enforceable development agreement. . An'enforceable development agreement may include, but is not limited to development agreements pursuant to Section 163.3220 Florida Statutes or an agreement or development order issued pursuant to Chapter 380 Florida Statutes. The final point in determining concurrency must be prior to the issuance of a development order or permit which contains a specific plan for development, including the densities and intensities of use. The City has not implemented a concurrency management system as envisioned by this objective. The proposed project does not exceed adopted levels of service. Policv 9-1.5.1: Resolvinct Concurrency Issues. In order to implement §9J-5.0055 and Objec#ve 9-1.5, the above measure, the City shall require that all developments requiring a development order as part of the review process (as defined in §163.3164 ~ including comprehensive plan amendments, rezoning amendments, subdivision approvals, site plan approvals, or building permit approvals) shall, at the time the subject application is filed, submit 11 Other information which the City determines is necessary to assure that the concurrency requirement shall be satisfied without adve/sely impacting existing levels of service or the City's ability to adequately service anticipated deve/oprnents which are consistent with adopted plans and policies of the City. All such information submitted pu~uant to this subsection shall incorporate proposed funding sources, including any identification of improvements which the applicant anticipates shall be funded by the City or other pub/ic or private entity other than the applicant. The City has not implemented a concurrency management system as envisioned by this policy. OBJECTIVE 9-1.6: COORDINATION OF LAND USE DECISIONS, PUBLIC /=AC/L/T/ES LEVEL OF SERVICE STANDARDS, AND FISCAL RESOURCE MANAGEMENT. Upon adoption of the Comprehensive Plan the City shall ensure that land use decisions and fiscal decisions are coordinated with the adopted schedule of capita/improvements to maintain adopted/eve/of service standards and meet existing and future needs. In addition, by September 1990 the City shall adopt amended/and development regulations which include performance crite#a which shall ensure that/and use decisions and decisions impacting public facilities and fiscal resources shall maintain adopted/eve/of service standards and be directed toward meeting existing and future facility needs identified in the Comprehensive Plan. The City has not implemented a concurrency management system as envisioned by this objective. Po/icy 9-1.6.1: Level of Service Standards. The City shall use the fo#owing LOS standards in reviewing the impacts of new development and redevelopment upon public facilities: Sanitary Sewer and Potable Water:. Residential: 100 gallons per capita per day Commercial/Industrial: 2,500 gallons per acre per day (equivalent to 25 persons per acre) So/id Waste: (Year 1987.2010) 7.52 pounds per capita per day: 1990 - 1993 5.27pounds per capita per day: 1994-2010 Drainage: (Year 1987- 20~0) 13 10. Policy 9-1.6,2: Adequate Facilities Ordinance. The City shall issue no development order or development permit for new development for which development orders were previously issued un/ess the concurrency management requirements cited in Objective 9-1.5 and /=o/icy 9-.5.1 has been satisfied pursuant to requirements of §9J- 5.0055 (2) F,A.C. The adequate facilities ordinance shall mandate that future applications for development shall include a written evaluation of the impact of the anticipated development on the levels of services for the water and wastewater systems, solid waste system, drainage, recreation, and the traffic circulation system. Pdor to issuing a development order or permit the City shall ensure that provisions of concurrency management established in Objective 9-1.5 and Policy 9-1.5.1 have been met. The developer's application shall demonstrate that the proposed development shall include all requisite improvements and that the improvements shall be in p/ace concurrent with the impacts of development as defined in and pursuant to Objective 9-1.5 and consistent with §9J-5.0055, F.A.C. The final point for determining concurrency must be p#or to the issuance of a development order or permit which contains a specific p/an for development, including the densities and intensities of use. The proposed project does not exceed adopted levels of service. The proposed project is consistent with the capital improvements element of the comprehensive plan. Contents of Site Plan: a. lot configuration: provided b. finished_ground floor elevation: provided c. contours and designating number of dwelling units: provided d. square footage of site: provided e. building coverage: provided f. square footage of paved areas and open area: provided g. setbackS: provided h. scaled drawings of the sides, front and rear of the building or structure: provided 15 11. 12. 13. 14. 15. ab. ac. land survey with complete legal description prepared and certified by a registered surveyor: provided Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: Site location and character of use: Appearance site and structures: a. b. harmonious overall design: provided location and screening of mechanical equipment, utility hardware and waste storage areas: provided c. commercial and industrial activities conducted in enclosed buildings: N/A d. exterior lighting: provided Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design and access/egress considerations: provided b. separation of vehicular and pedestrian areas: provided Traffic impacts: N/A Open space and landscape (including the requirements of Sec. 20A-13.1 and Sec. 20A-14.1): not provided a. name, address and phone number of the owner and designer: not provided b. north arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided c. property lines, easements, and right-of-way with internal and property line dimensions: provided d. location of existing or proposed utility service: provided e. location and size of any existing or proposed structures: N/A f. location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: none shown 17 23. 24. 25. 26. City Engineer's review: none Other Matters: One of the major issues the staff has with this project is the impact of the project on Palmetto Avenue and Louisiana Avenue. Palmetto Avenue pavement is substandard - approximately a lane and a half. The right- of-way appears to be only 20 feet wide. Louisiana Avenue's right-of-way might be .30 feet wide. Within the right-of-way are telecommunication utilities and a water line will be located there. The applicant has agreed to donate 15 feet of right-of-way along Louisiana Avenue and 10 feet along Palmetto Avenue to assist in addressing the need for additional right-of-way in the area. Analysis: During a site visit of the property, several specimen trees were located. Due to the thick growth of Brazilian Peppers on the site, it has been very difficult to locate all the trees that are governed by the land development code. A partial tree survey has been provided and the applicant has relocated buildings, parking and sidewalks in order to save most of the specimen trees on the property. Land cleadng can not start until the site plan is approved and the final tree survey can not be complete until at least some clearing has been accomplished. It is recommended that the staff be authorized to allow deviations in the site plan to move structures in order to save as many trees as possible. No additional impervious surface would be allowed and the general layout would be maintained. The applicant must receive all permits pdor to getting the grant for this project. Based on the number of calls this office has received concerning the project, there appears to be a significant need in the community for this type of housing. The existing problem with right-of-way and pavement width along Palmetto and Louisiana Avenues is a major concern. The code has not been amended to include a concurrency management system. Such a system will require all development orders to be reviewed to determine if the infrastructure to suppor~ the proposed development is in place. The important fact is the proposed project is consistent with the level of service standards in the comprehensive plan. Even if the concurrency management system was in place the project would be approved as approved by the Planning and Zoning Commission. Correcting existing deficiencies, the case with Palmetto and Louisiana Avenues, can not be placed on the developer. Only the impacts caused by the developer can be address through the development approval process. The measure to determine if the project is adversely affecting a service is the level of service standards, in this case, the proposed project is consistent with the level of service standards that have been adopted. Conclusion: The project is consistent with the Comprehensive Plan, Code of Ordinances and the Land Development Code 19 QUASI-JUDICIAL HEARING SIGN-UP SHEET FEBRUARY 5, 1997 97.059/ A. 96.057 Appeal to Site Plan Approved by Planning and Zoning Commission for Grace's Landing  Address For Name Against Information For Against /9C ES Information /N~ftWET ~,~/ 57~©f'o~ / Address t Against Ido~ation For~_iiiii~ ~! ~~_ Information For u U Against Xl Information For Against Information For Information Address For ~ Information For Against Address Ci i .: r'"-, ...... ,~ t, /,. ~' ' · ~ For Against Information 2 Name Address For Against Information Name Address For Against Information Name Address For Against Information 3