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Home My WebLink About08191988 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5,330 g FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, AUGUST 19, 1998 Following 7:00 p.m. Special Meeting CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-97-21). 1. 2. 3. 4. 98.107 98.089 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL WORKSHOP ITEMS A. Review Proposed False Alarm Ordinance (Proposed Ordinance) B. Review Proposed Ordinance No. O-98-10 - Code Enforcement Procedures (Please Bring 8/12/98 Agenda Book Pages 139-152 - Also Provided Current Code Pages on Code Enforcement) 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, WttlCtI RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLL4NCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOA4MODATION FOR THIS 34EETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOUP~.¢I IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings. Regular Meeting - Wednesday, August 26, 1998 ~ 7pm Regular Meeting - Wednesday, September 9, 1998 ~ 7pm SpeciaI Meeting - (Budget Hearing) Thursday, September 1 O, 1998 ~ 7pm SpeciaI Meeting - (Final Budget Hearing). Tuesday, September 22, 1998 ~ 7pm Regular Meeting- Wednesday, September 23, 1998 ~ 7pm City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, AUGUST 19, 1998 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Workshop to order at 9:45 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger (2iW Council Absent: Larry Paul (excused) [Staff Present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams Chief of Police, Randy White Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley City of Sebastian 1225 MAIN STREET ~= SEBASTIAN, FLORIDA ~29Ea TELEPHONE (561) 589-5330 ~: FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, AUGUST 19, 1998 - 7:00 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 I. CALL TO ORDER 2. PLEDGE OF ALLLEGIANCE 3. ROLL CALL o QUASI-JUDICIAL PUBLIC HEARI~qG~), FINAL ADOPTION (Procedures on Back of Agenda) 98,018 A. Resolution ]qo, R-911-35 - Sebastian Lakes Planned Unit Development Residential (pUD-R,) Preliminary Development Plan/Preliminary Plat (Growth lVlanagem~nt Director Transmittal 8/12/98. R-98-35, Application, P & Z Minutes, Staff R~..Oltglld LOcation Ma, p, Preliminary Plan Under s_ parate CoveO A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR SEBASTIAN LAKES PUD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, 5. ADJOURN ANY PERSON Vt7tO 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 VERBATEid RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WI-IICtt THE APPEAL IS TO BE HEARD. (286.0105F. S.) eNtlisCOMPLIANCE WITH THE AMERICANS ,~,~,,H,,,DISABILITIES ACT (ADA). ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR MEETING SHOULD CONTACT THE CITY S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Assistance Headphones are Available in the Council Chambers for all Government Meetings. Prp¢¢d~rcs for Quasi-Judicial Heorings as Follows (In accordance with R-97-~t6) : Mayor/Presiding Officer Opens Hearing and Outlines Rules City Attorney reads Ordinance or Resolution (if Applicable) If Requested by Affected Party - Clerk/Secretary Administers Oath to Other Affected Party(ies) Who Intend to Testify For Non-Land Use Matters- Disclosure of Ex-Parte Communication Applicant Presentation . Uninterrupted 15 Minutes inquiry of Applicant or Applicant's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer) Staff Presentation - Uninterrupted 15 Minutes Inquiry of Staff by Council/Board (or Applicant and/or Other Affected Parties through Mayor or Presiding Officer) Proponents' Testimony - Up to 15 Minutes (these are affected parties) Inquiry of Proponents by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer) Opponents'Presentation - Uninterrupted 15 Minutes (these are affected parties) Inquiry of Opponents or Opponent's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer) Opening of Informational Testimony - Any Member of Public with btformatlon or Need for Clarification - 3 Minutes or 10 Minutes if Representing Groups of 5 or More Inquiry of Informational Witnesses by Council/Board Closing of Public Information Period- No Additional Public Comments Allowed Except in Response to Council/Board Questions Applicant's RebuttaI Presentation - 10 Minutes (Affected Parties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask Questions of Applicant or Applicant Witnesses) Staff Response and Summary - 10 Minutes (Response to Applicant, Proponents, Opponents or Informational Witnesses - Affected Parties May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or Staff Witnesses) City Council/Board Inquiry of Applicants, Proponents, Opponents or $taffMember Close Hearing Upon Completion of Testimony Act Upon Application Persons who desire to make a presentation or present information or comment on an application or item must register with the CiO' 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 ,gtatute A homeowners or property owners association whose members include an affected party 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 the association authorizing said representation shah be filed with the City 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 the 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 other 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, AH decisions of the Cio' Council/Board on land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications. 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 questions from the decision making body but need not be sworn as a witness and is not be subject to cross-examination and is not required to qualify as an expert witness. The decision making body shah assign weight and credibility to such testimony as it deems appropriate. 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, AUGUST 19, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:15 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger City Council Absent; Mr. Larry Paul (excused) Staff Present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams Growth Management Director, Tracy Hass Deputy City Clerk, Sally Maio kpeeial City Council Meeting ugust 19, 1998 Page Two 4. QUASI-JUDICIAL PUBLIC HEA.~NG~), FINAL ADOPTION 98.018 A. Resolution NOL R-91~-35 - Sebastian Lakes Planned Unit Development Residential (PUD-R) Preliminary Development Plan/Preliminary Plot (Growth Management Director Traa~nlitt0.1 8/12/98. R-98-35, Application, P & Z Minutes, Staff Report and Location MW, Preliminarv Plan Under 5e, parat¢ Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELI/vliNARY DEVELOPMENT PLAN FOR SEBASTIAN LAKES PUD; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-35 by title only and Mayor Sullivan opened the hearing at 7:16 p.m. The Deputy Clerk swore in those affected parties who intended to offer testimony. Applicant Presentation Applicant, Lennar Northeast Partners Limited Partnership, was represented by Attorney Warren Dill, who introduced Chuck DeSantis of Lennar; Dan Handler and Bill Handler of GHO Homes; Joe Mayer of Bussen-Mayer, Engineers for the project; and Andy Witkin, Landscape Architect for the project. Mr. Dill gave a background on the project and submitted documents for the record as follows: 1. Resolution No. R-98-5. Conceptual Development approval for Sebastian Lakes PUD 2. Developers Agreement Relating to Sebastian Lakes dated 2/9/94 3. Agreement dated 10/4/96 Chuck DeSantis offered his background in planning for the record, and displayed project, model home, and landscaping plans for the Council and audience. Andy Witkin displayed and explained the revised landscape plan. TAPE I -SIDE II (8:00 p.m.) l[n031iry of Applicant or Applicant's Witnesses by Council/Boar~] {~or Staff or Applicant or Other Affected Parties tllrough Mayor or Presiding Offiger) Leunar representatives responded to questions from Council. Concerns were expressed about lack of two permanent entrances, and perceived insufficient parking areas. Discussion took place on the drainage plan. Mr. Mayer said he was not opposed to adding a second outfall, but that St. Johns River Water Management District permit was amending its permit and suggested allowing them to guide this decision. He said the emergency entrance is proposed to be used as the construction entrance. It was noted that adjacent area residents had strongly opposed a permanent second entrance into their neighborhoods during conceptual approval. 2 jpecial City Council Meeting ugust 19, 1998 Page Three Discussion continued on landscaping and concrete vs. asphalt sidewalks. Mrs. Cartwright requested inclusion of"phase C in 84 months" in condition 2 since it had been left out. Proponents' Testimony Opponents' Pmscntatiol~ Captain Albert Phillips, 1138 Breezy Way, Sebastian, said he preferred one entrance for security purposes. TAPE II - SIDE I (8:47 p.m.) Arthur Bauer, 1164 Breezy Way, Sebastian, opposed any more commercial development. Joseph Palermo, 1125 Breezy Way, Sebastian, recommended a second entrance at Laconia Street. Louis Palle, 1112 Breezy Way, Sebastian, had nothing further to add. Eva Schofield, 1106 Breezy Way, Sebastian, recommended a second entrance and submitted a petition with 15 signatures (see attached) Gary Williams, 1205 Larkspur, Sebastian, said he had not received letters relative to Sebastian Lakes issues and asked questions about landscaping and recreation. Roger Carey, 1202 Larkspur, Sebastian, spoke on behalf of a committee of approximately 75 adjacent residents, reiterating their strong objection to a second entrance. Staff Presentation The Growth Management Director stated that the submitted plan is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances; and said that staff and Planning and Zoning are recommending approval. He listed conditions as stated in the staff report (see attached) and resolution with minor amendments as follows: 1. Change the date of buffering plan in condition 7 to 8/17/98 2. Addition to condition 2 to add "phase C in 84 months" He noted the St. Johns permit (condition 4) is being revised; and recommended consideration of rezoning of the library tract to Public Service, as agreed to by Indian River County and the developer, during the city-wide zoning that is anticipated. Iilquiry of Staff by Council/Boar~ Discussion took place on rezoning the library tract and the correct spelling of Grandeur. 3 {~j~peeial City Council Meeting ugust 19, 1998 Page Four Informational Testimo~ None. Applicant's R,butSal Presentation Mr. Dill concluded his presentation by requesting approval as presented with amendments suggested tonight. Discussion took place again on one vs. two permanent entrances. Mr. DeSantis said there are four options for gating the emergency entrance and said it will be addressed at final plat. It was the consensus of Council to require concrete sidewalks along Laconia and Grandeur as condition 8. Close Heating Mayor Sullivan closed the hearing at 9:30 p.m. MOTION by Cartwright/Sullivan I move to approve Resolution 98-35 as amended. Mrs. Cartwfight said "what we approved tonight was the amendment to number 2 for the phase C and the addition of the requirement of concrete sidewalks as number 8". The Deputy Clerk noted also "the change of the date to number 7 to 8/17/98". ROLL CALL: Mrs. Wininger - aye Mrs. Cartwfight - aye Mr. Neuberger - aye Mr. Paul - absent Mrs. Sullivan - aye MOTION CARRIED 4-0 5. Being no further business, Mayor Sullivan adjourned the Special Meeting at 9:32 p.m. Approved at the ~//~ .~ , 1998, Regular City Counc,..i,~vleeti,njg. · ~ // ...'>: , ~,? : - i L,:,; ":'": Ruth Sulli~ Kathryn M. O'Halloran, CMC/AAE City Clerk This is a PETITION from the residents of Sebastian Lakes Condominium to the City of Sebastian, to have GHO Development Corporatir~n comply with building an additional road and exit into their development of 97 ho uses, either o££ Roseland Rd, or Laconia. 16. 17. 18. 19. 2,0. Zl. ZZ. 15. Conclusion: The submitted plan is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. The planning and zoning commission has recommended approval of the Sebastian Lakes PUD-R preliminary development plan. 16, Recommendation: Staff preliminary development following conditions: recommends the City Council approve the plan for Sebastian Lakes PUD-R with the Tracts A1 and B1 shall be landscaped to provide a type A vegetative buffer between the residential and commercial land uses. A type A buffer shall be completely opaque from the ground up to a height of at least six (6) feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. Final Development Plan Approval for phase I shall be obtained in 30 months, phase II in 48 months, and phase III in 66 months.. A sidewalk easement shall be provided and dedicated to Sebastian Lakes Master Homeowner's Association. The drainage system for the project will be constructed in conformance with the approved St. Johns Water Management District permit; the approved outfall point-for the project is the existing drainage structure located at the southwest corner of the property. The recreation facility (tennis courts) shall be completed with phase I. The developer construct a sidewalk along the east side. of the entrance drive connecting the internal sidewalks with the future sidewalk along CR-512. The applicant provide a landscape buffer along the perimeter of the property in accordance with the buffering plan dated 11/24/97 by Witkin & Associates. PREPARED BY . / DATE 11