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Home My WebLink About04161997 City of Sebastian 1:~2fi MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, APRIL 16, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA 97.118 2. 3. 4. CALL TO ORDER PLEDGE OF ALLLEGIANCE ROLL CALL QUASI-JUDICIAI.~ PUBLIC I~IEARI~G. Ia5), FINAL ADOPTION (Procedures on Back of Agenda) Ao Conduct Public Hearing on Application for Special Use Permit for a Proposed Libertino Daycare Center - Tract E, Block 485, South Wimbrow Drive in Residential. Single Family District (RS-10) - Consider Adoption of Resolution No. R-97-23 (Director of Community Development Transmittal 4/10/97, R-97-23, Staff Report, Application, Location Map, Sec. 20A-6.1.C.3. LDC) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS-10 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WIMBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 97.119 Conduct Public Heating on Sebastian Lakes Shopping Center Final PUD and Final Plat - Consider Adoption of Resolution No. R-97-24 (Director of Community Development Transmittal 4/10/97, R-97-24, Staff' Report, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 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 $89-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Procedures for Quasi-Judicial Hearings as Follows (in accordance with R-96-87): Mayor/Presiding Officer Opens Hearing and Outlines Rules City Attorney reads Ordinance or Resolution (if Applicable) IfRequested by Party or Party lntervenor - Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors Who Intend to Testify For Non-Land Use Matters - Disclosure of Ex-Parte Communication Staff Initial Presentation Inquiry of Staff by Affected Parties through Mayor or Presiding Officer Applicant Presentation - Uninterrupted 15 Minutes Inquiry of Applicant by Council (or Staff or Affected Parties through Mayor or Presiding Officer) Proponents' Testimony - 3Minutes or l O Minutes if Representing 5 or More Inquiry of Proponents by Council/Board Opponents'Presentation -Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents by Council/Board Opening of lnformational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of lnformational Witnesses by Council/Board Closing of Public Information Period Staff Response and Summary - l O Minutes (Affected Parties May be Allowed to Make Clarifications or Ask Questions of Stafj) Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or StaffMay be Allowed to Make Clarifications or Ask Questions of ApplicanO City Council/Board Inquiry of Applicants, Opponents or Staff Close Hearing and Formal Action Affected Parties are the Applicant, Staff or Affected Landowners Entitled to Notice Under any Statute or City Code. Upcomirtg M~ting$: Workshop - Wednesday, April 23, 1997 ~ 6pm (Parking) Regular Meeting - lgednesday, April 23, 1997 ~ 7pm or soon thereafter Quarterly Open Meeting - Wednesday, April 30, 1997 ~ 7pm City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, APRIL 16, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli City Planner, Tracy Hass Deputy City Clerk, Sally Maio Special City Council Meeting April 16, 1997 Page Two 97.118 The City Manager requested addition of a matter related to Collier Creek Estates Subdivision. Mayor Barnes said Council would give a consensus to staff as to how to proceed but would not take a vote on the matter. There was no objection. QUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) Conduct Public Hearjng on Application for Special Use Permit for a Proposed Libertino Daycare_~nter - Tract E, Block 485, South Wirabyow Drive in Residential Single Family District (RS-10) - C_on~i.~ler Adoption of Resolution No. R-97-]3 (Director of Gommunity Development Transmittal 4/10/97, R-97-23, StaffReport, Application, Locatig. ll Map, Sec. 20A-6.1.C.3. LDC) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS-10 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WlMBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-23 by title and Mayor Barnes opened the hearing at 6:05 p.m. The Director of Community Development said the applicants may not be in attendance because of illness. MOTION by Cartwright/Barnes I move to continue the public hearing for the special use permit for Libertino Day Care Center until May 7, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 Special City Council Meeting April 16, 1997 Page Three 97.119 B. Conduct Public Hearing on Seb~tiall Lakes Shopping Center Final PUD and Final Plat - Consider Adoption of R~olution No. R-97-24 (Director of'Co;0murfitlt Development Transmit~ill 4/1Q/97, R-97-24, StaffReport, Locati~tl Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the quasi-judicial hearing at 6:07 p.m. and the City Attorney read Resolution No. R-97-24 by title. The Director of Community Development said this item was not ready and requested a continuation until April 23, 1997. MOTION by Cartwright/Taracka I move to continue the public hearing on Sebastian Lakes shopping center PUD and final plat until April 23, 1997 at the Regular Council meeting. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Collier Creek Estates The City Manager introduced the new Public Works Director, Patrick Brennan. The City Manager briefly explained that staff and the developer of Collier Creek Estates had reached an impasse on a matter related to a staff concern regarding groundwater issues in light of the developers' assertion that he is not subject to new subdivision regulations in light of the settlement agreement between General Development Corporation (previous owner of the property) and the City of Sebastian. He said that staff was looking to City Council for direction on how to proceed. Special City Council Meeting April 16, 1997 Page Four The Director of Community Development explained what he perceives as a potential problem with Collier Creek Estates regarding the groundwater table and the possible creation of wet swales. In closing he said staff is seeking direction as to whether it should accept the developer's engineer's approach or to request additional information from the developer as to soil and water table conditions to determine whether or not there will be a wetness problem in the swales. He said the additional cost for boring would be $5000 and would take approximately two weeks, that he was not in possession of any map showing location of existing borings and that it had been his suggestion that the entire site be elevated a foot. The City Attorney, in response to Mrs. Sullivan, stated she believed a previous City Council entered into the settlement agreement with GDC without any kind of legislative authority, allowing this project to be vested without a time limit being put on it. She said she and the previous City Attorney felt that the agreement was voidable by the City and not properly entered into. She went on to say that even if the agreement did give the applicant vested rights to develop the project, the City could essentially put that aside and require that certain things be done if it is in the interest of the public health, safety and welfare. She said, in her opinion, the City has the legal authority to request the additional information. Mrs. Sullivan expressed concern for the problem of mosquito proliferation caused by standing water. Attorney Warren Dill, representing developer Harold Adams, questioned the City Attorney's statement that the GDC settlement agreement was not valid; said the roads in the subdivision are being built by new standards and not those established in 1970; TAPE I - SIDE II (6:48 p.m.) said fifty test holes have been done and no problems have been found; agreed to do three more test holes adjacent to the lake; advised that five engineers on the city side of the table have reviewed the application; that engineers specializing in environmental permitting and St. Johns River Water Management District have said the plan will work; questioned why John Hill had not reviewed the plat on behalf of the City; and said this is the same design as that approved for Harbor Point and it is working. He requested that staff be directed to accept the documentation they have, accept the fit~y test holes and allow the developer to proceed. Special City Council Meeting April 16, 1997 Page Five In response to Mrs. Cartwright, Mr. Dill said because the number of lots in the subdivision exceeds 25, the developer must register with the Florida Division of Land Sales. He said the Division of Land Sales has an exemption from its regulations for registering a prospectus if the developer agrees to install all the infrastructure up front and the local government agrees to accept maintenance and ownership of those items. Randy Mosby, Mosby & Associates, engineers for the project, said the developer had received one technical letter from the City's engineering consultant which had nothing to do with drainage; cited all approvals received on the property; said the system works and will draw down to Collier Creek; and said he had done three additional borings as requested. A lengthy discussion among City Council, staff and developer representatives followed. TAPE II - SIDE I (7:39 p.m.) John Hill, Craven Thompson & Associates, addressed City Council on staff' concerns relative to stormwater throughout the highlands, offered some suggestions and said he was uncertain there were any provisions for the City to say no to the plan and perhaps some compromise could be worked out. The City Attorney again said if there is a compelling health, safety and welfare issue the City could require more information from the developer. Following some further discussion, the City Manager requested a recess to allow staffto confer. Mayor Barnes called recess at 8:05 p.m. and reconvened the meeting at 8:22 p.m. All members were present. The City Manager said "We (staff) would propose to accept the construction plans as designed for the entire project in terms of the design upon the recording. That would allow the developer to commence construction. We would anticipate that the construction would be in phases as identified, in other words, each phase would be developed on an individual basis. Upon recording of each plat, which would follow the actual construction of the improvements, the City would go through the current formal process of accepting the street for dedication. The applicant, the developer, would agree to maintain that, those improvements, streets, drainage for a period of one year. In lieu of a bond, what we Special City Council Meeting April 16, 1997 Page Six would propose is, that during any period during the rest of the construction of the various phases, if there's any section of the development where the developer has agreed to maintain it for the one year, where aproblem has developed, we would not accept any additional recording until that issue was resolved. In other words, let's say the road washed out, the road base failed, something went wrong and we had a problem during that period of time, and the developer failed to take care of it, then we would not accept anymore recordings for additional phases. That would be our guarantee to ensure that he couldn't move forward until, in lieu of actually accepting a bond. We think there needs to be a formal agreement worked out as far as the details. We would propose that that agreement be in place, accepted by the City Council, entered into by the Council and the developer prior to the recording of the plat for Phase I. That gives them the time then to go through the process of actually building Phase I so there's not a short window. Hopefully we will work diligently with them and sit down and work out the details. We think that's our approach to it if that sounds reasonable." He noted there is a total of seven phases. Mr. Dill recapped the offer "The staff will approve the construction drawings for the entire project. At such time as the plat for Phase i is recorded, the City will accept ownership of the roads. At such time as the plat for Phase I is recorded, Mr. Adams will agree to maintain those roads in that phase for a period of one year. Roads and drainage. If there is a problem within the one year with the road or the drainage system, the City would not allow him to file a plat on say Phase II until he corrected the problem in Phase I. We agree to that. i think that was the understanding. That means we'd be able to have our construction drawings approved now and could start work now. Correct?" The City Manager said this was correct. Mr. Dill continued, "There's no limit on how many phases he can run together. In other words, if in' six months he wants to do Phase II, he can come in with Phase II so long as there's been no problems with the roads or drainage in Phase I that would stop that. In other words, he doesn't want to have to, if marketing is great, he doesn't want to have to completely build out Phase I before he can start Phase II. So he would have an agreement with the City where we would have one year running on Phase I, and six months down the road into that one year, he would have another year running on Phase II and still have six months left on Phase I and if a problem appeared anywhere on Phase I or Phase II you would not let him go to Phase III until he corrected that problem. Yes we very happily accept that." 5. Being no further business, Mayor Barnes adjourned the Special Meeting at 8:35 p.m. 6 Special City Council Meeting April 16, 1997 Page Seven Approved at the Kathryn ~ 0 'Halloran, CMC/AAE City Clerk , 1997, Regular City CouncilMeeting. Mayor