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HomeMy WebLinkAbout11-04-2024 BOA Minutes( II) OI' Sf)3ASTI,NN I OMP, OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached November 4, 2024 Board of Adjustment minutes were approved at the September 24, 2025 Board of Adjustment meeting. Chairman Bob McPartlan ATTEST: ette e. f a¢ City Cl nette Williams, City Clerk Regular City Council & BOA Minutes November 4, 2024 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Vice Mayor Dixon announced the upcoming events. 21" Annual Sebastian Clambake in Riverview Park Friday, November 8 — 3pm to 9pm Saturday, November 9 — 1 I am to 9pm Sunday, November 10 — I 1 am to 5pm Monday, November 11 — Veterans Day Ceremony at Veterans Memorial in Riverview Park — 11 am Saturday, November 16 — Sebastian River Art Club Show in Riverview Park — I Oam to 3pm Friday, November 23 — Chamber of Commerce Finally Friday on Cleveland Street — 6pm to 9pm PUBLIC INPUT Arnold Ring of 207 Cedar Street came forward because he and his wife. Mimi, wanted to express their appreciation for how well the City had responded to his concerns about water approaching his home as a result of Hurricane Milton. City staff were prompt in coming to check on the nearby catch basin which enabled the water in his swale to quickly recede. 8. BOARD OF ADJUSTMENT MEETING Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:09 p.m. A. Approve Draft August 28. 2024 Board of Adjustment Minutes B. Approve Draft September 11, 2024 Board of Adjustment Minutes MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to approve the August 28, 2024 and September 11. 2024 Board of Adjustment Minutes passed with a unanimous voice vote of 5-0. 24.167 C. Anneal of an Administrative Determination Ream -dine a Denial of a Land Clearine Permit for 33.23 Acres for Sebastian Overlook Subdivision/Sebastian Hichlands Unit 17 — Hawkins Proiect 1, L_LC Appellant Mayor Dodd opened the quasi-judicial hearing and reminded citizens to fill out a speaker oath card if they wanted to speak on this matter. The City Attorney explained this is an appeal of an administrative denial which is allowed pursuant to the Land Development Code §54-1-2.2(d) and § 54-1-2.5(d)(I ). She noted that the appeal request was received within 10 days of the initial denial. Regular City Council & BOA Nlinutes Noveinber 4. 2024 Paue 3 Mayor Dodd asked if there were any ex parte communications that needed to be disclosed by Council Members. Mayor Dodd reported that he was contacted by Rebecca Miller's assistant to try to set up a phone call, but they were not able to do that. The City attorney clarified that there was not any communication, so technically there was not an ex parte communication for the Mayor to disclose. Jon Bills, the President of DDC Management (DDC), explained that his company is the manager and developer of the Hawkins Project 1 and he is making this appeal for a land clearing permit. He expressed concerned that, as a corporate entity, DDC/Hawkins Project I is not considered to be a stakeholder in the community, but they are trying to build something that will be great for Sebastian. Hawkins Project 1 bought the Sebastian Highlands unit 17 property three and a half years ago, they are paying taxes on the property. and they anticipate employing residents of Sebastian to assist with maintenance of the property. Mr. Bills pointed out that since Sebastian was incorporated the surveying tools and the engineering knowledge of water management, flooding aild drainage, have been completely revolutionized. Tile federal government, the state, and the water municipality have put into place measures to manage the development of communities, including the grading and proper drainage of water from the properties. Since the City has approved new subdivisions in the last three years that were not hampered by single -lot clearing, he hopes they will consider allowing Hawkins Project I to do the same. In the Developer's Agreement. Hawkins Project 1 has given up 10 lots that could have had houses built on them in order to build a stonnwater pond. This also improves the aesthetics of the community. They also had to make adjustments to their grading and the amount of fill dirt they will have to brim; in to make water flows and drains properly. Mr. Bills explained that Hawkins Project I is making this appeal to clear the lots so that they can grade them and apply fill dirt all at once, not as each house is being built. This will enable them to make sure there is good water drainage throughout the whole subdivision at the least cost to the developer. If they are not able to grade all of file subdivision at once, there is a risk of stagnant water collecting which will bring complaints and mosquitos. By doing all of the grading at once they would be limiting the disturbance to neighbors and the traffic problems that alight be created by bringing in up to 6,000 dump trucks of fill dirt. The idea of doing the grading lot by lot is in hope of preserving trees, but Mr. Bills said when you put a lot of till dirt unto a lot with existing trees it will bury the root system of the existing trees and kill them. Hawkins Project 1 will provide 7 new trees for each lot according to the Code requirements and that will be a total of 693 trees providing canopy coverage. They will be able to place the trees so that they will not cause problems with the homes or infrastructure. The Community Development Manager directed Council's attention to the copy of the denial on page 24 and clarified that the denial was based on a total of nine items that had not been adequately addressed by the developer and which are outlined there. She explained that Staff took several factors into consideration, the first being the uniqueness of this property in that it had already a plat established by a previous owner, Regular City Council & BOA Minutes November 4, 2024 Page 4 General Development Corporation (GDC), from 1972. There are 109 tax parcel IDs and 109 addresses already in place. Assuming that the property requirements were grandfathered in based on the original platting, it made this an ideal property for a developer since all that was left to do was put in roads and utilities. The roads would be public and the developer will not be responsible for road maintenance, and the property already had canals put in and approved drainage permits from St. John's River Water Management District. When the St. John's River Water Management District drainage permits were reviewed by the City, it was found that they were based on only 30% of the individual lots being developed, but current zoning allows for 55% of the lots to be developed and this is why the stormwater pond was added to the plans for the subdivision. Back in 1995 when a previous developer was planning to develop to the 55% capacity, the St. John's River Water Management District had concerns about stormwater drainage and that catch basins would be too full. After realizing that the stormwater pond needed to be added to the plans, Staff had proposed to the Developer, Hawkins Project 1, that they replat the subdivision. it would make it easier to establish the stormwater easements for the retention pond and delineate who would be responsible for things. The Developer asked if they decided to replat, would they have to meet current subdivision Codes. The City Attorney said that if the Developer decided to replat they would be required to meet the current subdivision Codes. By staying with the original plat, the Developer would not have to come up with a fornial landscape plan. They also did not have to supply the required recreational acreage which is 4 acres for every thousand persons, so one acre of recreation for this subdivision. Also, a requirement of keeping 25% of native trees would apply to them. The Developer chose to stay grandfathered in and use the old GDC plat and permits. As a result. Staff communicated to the Developer that this project would be viewed as 109 individual lots and clear cutting would not be allowed. The Community Development Manager said essentially, the Developer would like the benefits of being; an "old" subdivision but also wants the benefits of being a "new" subdivision where they would have the right to clear cut all 33 acres. Since they have chosen to stay with the original plat, by obtaining the permits for the individual lots they will still be able to clear each lot, but a survey would be required to identify the trees on the lot and they will be required to replace any specimen trees they remove with 12-foot trees, rather than 8-foot trees. The Community Development Manager noted there is a misconception that the Developer will be limited to building one lot at a time. She explained that as soon as the Developer gets the road to a level of stabilization and has utilities and fire; hydrants in place, they can submit for building pen -nits and land clearing permits. For instance, up to 15 pen -nits can be obtained and then 15 homes can be built at the same time. The Community Development Manager also pointed out a discrepancy between the amount of rill dirt that Mr. Bills believes will be necessary and what is actually required by the approved drainage plans. There might be half a foot of fill dirt that is needed, not a full 3 Regular City Council & BOA Minutes November 4, 2024 Page 5 feet as described by Mr. Bills. There will also be fill dirt available on site from the creation of the retention pond and that is fill dirt that will not have to be trucked in. Council Member Nunn asked if this is a planned unit development (PUD). The Community Development Manager said it is considered to be RS-10 straight zoning. Council Member Nunn noted that the example Mr. Bills gave in his presentation where he had been able to clear cut was a planned development, and there is a distinction. The Community Development Manager confirmed that to be a planned unit development it would have needed a change in zoning and it would have required re -platting. Mayor Dodd summarized that what was asked of the Developer if they had chosen to replat and become a new subdivision was specifically (1) the landscape plan, (2) a dedication of land to be used as a park, and (3) the requirement of 25% native trees. These are all Code requirements that cannot be waived. The Mayor specifically asked why the Developer decided to stay with the original plat and avoid those requirements since they do not seem to be particularly onerous. Mr. Bills stated that they chose this path because they thought it would take an additional two years to build if they made the change. The Community Development Manager said since a lot of the background work has already been done, she did not think it would be an additional two years before they could build. Tile City Attorney reminded Council to get back to the specific request at hand which is to grant or deny the appeal. Mayor Dodd asked for public input in favor of the appeal, and there was none. He then asked for public input in opposition. William Mosley of 118 Day Drive reminded Council to consider the wildlife. Clearing the lots one at a time gives the animals a chance to find new homes in nearby wooded land. He also pointed out that Day Drive is not a standard road and it narrow. It is only 19 feet wide, not the standard 22 feet. Mr. Mosley says lie is very happy with the laws of Sebastian and that the City is maintaining standards for building homes. The laws have served the City very well and they should be kept. Robert Votaw of 582 Breakwater Terrace and also the Manager of the Spirit of Sebastian project spoke next. He reminded Council that he was also involved with the final phases of the Collier Club project, which was a PUD, and that it was developed one lot at a time and they did not clear cut. The Spirit of Sebastian project has been totally different because it was considered to be land recovery since the property had been a sand mine and clear cutting was not needed. He thinks that clearing the individual lots is the best way to do it when you have roads in place already. It is what the Code requires and it is what he expects the City to abide by. Mayor Dodd gave the Developer the chance to respond to the public input. Mr. Bills explained that his calculations for fill dirt were based on a program called Ag Tech. These were estimates of fill dirt that will still be needed after using the dirt from the retention pond. He clarified that the City requires him to drain all of the water towards the roads and this will require extra fill to build up the back of the lots to get the water to Regular City Council & BOA Minutes November 4, 2024 Page 6 naturally drain to the front. He expressed concern that doing each lot individually will result in a lot of complaints from nearby residents since there will be wear and tear from running trucks over brand new roads. He really believes it is in the best interest of the City and the residents to try to get the project completed all at once. He has no problem with providing better trees as required by the Code when native specimen trees are removed. He said he is not trying to avoid any responsibilities, but thinks this is the best way to get the job done. Council Member Nunn asked how long Mr. Bills has been involved with the project. Mr. Bills stated that he has been involved for the three years that his company has owned the property. He is based in the corporate office in Ohio, but they also have an office in Orlando and that team has interacted with the City as well. The Community Development Manager reiterated that the Developer is not limited to building homes one tot at a time. It would be unfortunate if all 33 acres were all cleared at once and then to not have the houses built due to economic changes. Council Member Nunn recalls a discussion about snaking this project a PUD a few years ago, and if that decision was made then, this project might have been completed by now. He is against clear cutting this and does not see that as in the best interests of the City. There have been instances of developments being clear cut and 10 years later they are still not developed. He also mentioned that General Development did not do what was best for the City and many of there homes were not well built, particularly with regard to stormwater issues. He would have liked to have seen the Developer make this their own development rather than relaying on the plans from General Development. Vice Mayor Dixon agreed and is against clear cutting because of how it impacts neighboring residents and the animals. Council Member Jones said he did not hear what would be done with the trees that were cleared. Would they be brought to a nursery or would they just grind them up or burn them up? He expressed his opposition to clear cutting and he supports Staff in their decision. Council Member McPartlan said he appreciated the comments of Mr. Votaw and commended the Community Development Manager for her phenomenal work for the City. If the Developer wanted to clear cut, then they should re -plat. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to deny the appeal. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 Mayor Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 7:06 p.m. CITY of; S)FJ3AST1_AN I IO,NP OP PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached November 4, 2024 Board of Adjustment minutes were approved at the September 24, 2025 Board of Adjustment meeting. Chairman Bob McPartlan r_11IMIA nette Williams, City Clerk �. Vo 4 ` Regular City Council & BOA Minutes November 4, 2024 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Vice Mayor Dixon announced the upcoming events. 21" Annual Sebastian Clambake in Riverview Park Friday. November 8 — 3pm to 9pm Saturday, November 9 — 1 I am to 9pm Sunday, November 10 — 1 1 am to 5pm Monday, November 11 — Veterans Day Ceremony at Veterans Memorial in Riverview Park — 11 am Saturday, November 16 — Sebastian River Art Club Show in Riverview Park — 10am to 3pm Friday, November 23 — Chamber of Commerce Finally Friday on Cleveland Street — 6pm to 9pm PUBLIC INPUT Arnold Ring of 207 Cedar Street came forward because he and his wife, Mimi, wanted to express their appreciation for how well the City had responded to his concerns about water approaching his home as a result of Hurricane Milton. City staff were prompt in coming to check on the nearby catch basin which enabled the water in his swale to quickly recede. BOARD OF ADJUSTMENT MEETING Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:09 p.m. A. Approve Draft August 28.2024 Board of Adjustment Minutes B. Approve Draft September 11, 2024 Board of Adjustment Minutes MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to approve the August 28, 2024 and September 11, 2024 Board of Adjustment Minutes passed with a unanimous voice vote of 5-0. 24.167 C. ADueal of an Administrative Determination Reaardine a Denial of Land Clearine Permit for 33.23 Acres for Sebastian Overlook Subdivision/Sebastian Hichtands Unit 17 — Hawkins Proiect 1. LLC. Appellant Mayor Dodd opened the quasi-judicial hearing and reminded citizens to fill out a speaker oath card if they wanted to speak on this matter. The City Attorney explained this is an appeal of an administrative denial which is allowed pursuant to the Land Development Code §54-1-2.2(d) and §54-1-25(d)(1). She noted that the appeal request was received within 10 days of the initial denial. Regular City Comicil & BOA Minutes November 4. 2024 Pace 3 Mayor Dodd asked if there were any ex parte communications that needed to be disclosed by Council Members. Mayor Dodd reported that he was contacted by Rebecca Miller's assistant to try to set up a phone call, but they were not able to do that. The City Attorney clarified that there was not any communication, so technically there was not an ex parts: communication for the Mayor to disclose. Jon Bills, the President of DDC Management (DDC), explained that his company is the manager and developer of the Hawkins Project 1 and he is making this appeal for a land clearing perrnit. He expressed concerned that, as a corporate entity, DDC/Hawkins Project 1 is not considered to be a stakeholder in the community, but they are trying to build something that will be great for Sebastian. Hawkins Project 1 bought the Sebastian Highlands unit 17 property three and a half years ago, they are paying taxes oil the property, and they anticipate employing residents of Sebastian to assist with maintenance 01* the properly. Mr. Bills pointed out that since Sebastian was incorporated the surveying tools and the eilglncering knowledge of water management. flooding and drainage, have been completely revolutionized. The federal government, the state, and the water municipality have put into place measures to manage the development of communities, including the grading and proper drainage of water from the properties. Since the City has approved new subdivisions in the last three years that were not hampered by single -lot clearing, he hopes they will consider allowing Hawkins Project l to do the same. In the Developer's Agreement, Hawkins Project I has given up 10 lots that could have had houses built on them in order to build a Stornlwater pond. This also improves the aesthetics of the community. They also had to make adjustments to their grading and the amount of fill dirt they will have to bring in to make water flows and drains properly. Mr. Bills explained that Hawkins Project 1 is making this appeal to clear the lots so that they can grade them and apply fill dirt all at once, not as each house is being built. This Will enable them to make sure there is good water drainage throughout the whole subdivision at the least cost to the developer. If they are not able to grade all of the subdivision at once, there is a risk of stagnant water collecting which will bring complaints and mosquitos. By doing all of the grading at once they would be limiting the disturbance to neighbors and the traffic problems that might be created by bringing in up to 6,000 damp trucks of fill dirt. The idea of doing the grading lot by lot is in hope of preserving trees, but Mr. Bills said when you put a lot of fill dirt onto a lot with existing trees it will bury the root system of the existing trees and kill them. Hawkins Project 1 will provide 7 new trees for each lot according to the Code requirements and that will be a total of 693 trees providing canopy coverage. They will be able to place the trees so that they will not cause problems with the homes or infrastructure. The ConliTlunity Development Manager directed Council's attention to the copy of the denial oil page 24 and clarified that the denial was based on a total of nine items that had not been adequately addressed by the developer and which are outlined there. She explained that Staff took several factors into consideration, the first being the uniqueness of this property in that it had already a plat established by a previous owner, Regular City Council R BOA Minutes November 4, 2024 Page 4 General Development Corporation (GDQ, from 1972. There are 109 tax parcel IDs and 109 addresses already in place. Assuming that the property requirements were grandfathered in based on the original platting, it made this an ideal property for a developer since all that was left to do was put in roads and utilities. The roads would be public and the developer will not be responsible for road maintenance, and the property already had canals put in and approved drainage pennits from St. John's River Water Management District. When the St. John's River Water Management District drainage pennits were reviewed by the City, it was found that they were based on only 30% of the individual lots being developed, but current zoning allows for 55% of the lots to be developed and this is why the stormwater pond was added to the plans for the subdivision. Back in 1995 when a previous developer was planning to develop to the 55% capacity, the St. John's River Water Management District had concerns about stormwater drainage and that catch basins would be too full. After realizing that the stormwater pond needed to be added to the plans, Staff had proposed to the Developer, Hawkins Project 1, that they replat the subdivision. It would make it easier to establish the stormwater easements for the retention pond and delineate who would be responsible for things. The Developer asked if they decided to replat, would they have to meet current subdivision Codes. The City Attorney said that if the Developer decided to replat they would be required to meet the current subdivision Codes. By staying with the original plat, the Developer would not have to come up with a formal landscape plan. They also did not have to supply the required recreational acreage which is 4 acres for every thousand persons, so one acre of recreation for this subdivision. Also, a requirement of keeping 25% of native trees would apply to them. The Developer chose to stay grandfathered in and use the old GDC plat and permits. As a result, Staff communicated to the Developer that this project would be viewed as 109 individual lots and clear cutting would not be allowed. The Community Development Manager said essentially, the Developer would like the benefits of being an "old" subdivision but also wants the benefits of being a "new" subdivision where they would have the right to clear cut all 33 acres. Since they have chosen to stay with the original plat, by obtaining the permits for the individual lots they will still be able to clear each lot, but a survey would be required to identify the trees on the lot and they will be required to replace any specimen trees they remove with 12-foot trees, rather than 8-foot trees. The Community Development Manager noted there is a misconception that the Developer will be limited to building one lot at a time. She explained that as soon as the Developer gets the road to a level of stabilization and has utilities and fire hydrants in place, they can submit for building pennits and land clearing permits. For instance, up to 15 permits can be obtained and then 15 homes can be built at the same time. The Community Development Manager also pointed out a discrepancy between the amount of fill dirt that Mr. Bills believes will be necessary and what is actually required by the approved drainage plans. There might be half a foot of fill dirt that is needed, not a full 3 Regular City Council & BOA Minutes November 4, 2024 Page 5 feet as described by Mr. Bills. There will also be fill dirt available on site from the creation of the retention pond and that is till dirt that will not have to be trucked in. Council Member Nunn asked if tills is a planned unit development (PUD). The Community Development Manager said it is considered to be RS-10 straight zoning. Council Member Nunn noted that the example Mr. Bills gave in his presentation where he had been able to clear cut was a planned development, and there is a distinction. The Community Development Manager confirmed that to be a planned unit development it would have needed a change in zoning and it would have required re -platting. Mayor Dodd summarized that what was asked of the Developer if they had chosen to replat and become a new subdivision was specifically (1) the landscape plan, (2) a dedication of land to be used as a park, and (3) the requirement of 25% native trees. These are all Code requirements that cannot be waived. The Mayor specifically asked why the Developer decided to stay with the original plat and avoid those requirements since they do not seem to be particularly onerous. Mr. Bills stated that they chose this path because they thought it would take an additional two years to build if they made the change. The Community Development Manager said since a lot of the background work has already been done, she did not think it would be an additional two years before they could build. Tile City Attorney reminded Council to get back to the specific request at hand which is to grant or deny the appeal. Mayor Dodd asked for public input in favor of the appeal, and there was none. He then asked for public input in opposition. William Mosley of 118 Day Drive reminded Council to consider the wildlife. Clearing the lots one at a time gives the animals a chance to find new homes in nearby wooded land. He also pointed out that Day Drive is not a standard road and it narrow. It is only 19 feet wide, not the standard 22 feet. Mr. Mosley says lie is very happy with the laws of Sebastian and that the City is maintaining standards for building homes. The laws have served the City very well and they should be kept. Robert Votaw of 582 Breakwater Terrace and also the Manager of the Spirit of Sebastian project spoke next. He reminded Council that he was also involved with the final phases of the Collier Club project, which was a PUD, and that it was developed one lot at a time and they did not clear cut. The Spirit of Sebastian project has been totally different because It was considered to be land recovery since the property had been a sand mine and clear cutting was not needed. He thinks that clearing the individual lots is the best way to do it when you have roads in place already. It is what the Code requires and it is what he expects the City to abide by. Mayor Dodd nave the Developer the chance to respond to the public input. Mr. Bills explained that his calculations for fill dirt were based on a program called Ag Tech. These were estimates of fill dirt that will still be needed after using the dirt from the retention pond. He clarified that the City requires him to drain all of the water towards the roads and this will require extra fill to build up the back of the lots to get the water to Regular City Council & BOA Minutes November 4, 2024 Page 6 naturally drain to the front. He expressed concern that doing each lot individually will result in a lot of complaints from nearby residents since there will be wear and tear from running trucks over brand new roads. He really believes it is in the best interest of the City and the residents to try to get the project completed all at once. He has no problem with providing better trees as required by the Code when native specimen trees are removed. He said lie is not trying to avoid any responsibilities, but thinks this is the best way to get the job done. Council Member Nunn asked how long Mr. Bills has been involved with the project. Mr. Bills stated that he has been involved for the three years that his company has owned the property. He is based in the corporate office in Ohio, but they also have an office in Orlando and that team has interacted with the City as well. The Community Development Manager reiterated that the Developer is not limited to building homes one lot at a time. It would be unfortunate if all 33 acres were all cleared at once and then to not have the houses built due to economic changes. Council Member Nunn recalls a discussion about making this project a PUD a few years ago, and if that decision was made then, this project might have been completed by now. He is against clear cutting this and does not see that as in the best interests of the City. There have been instances of developments being clear cut and 10 years later they are still not developed. He also mentioned that General Development did not do what was best for the City and many of there homes were not well built, particularly with regard to stormwater issues. He would have liked to have seen the Developer make this their own development rather than relaying on the plans from General Development. Vice Mayor Dixon agreed and is against clear cutting because of how it impacts neighboring residents and the animals. Council Member Jones said he did not hear what would be done with the trees that were cleared. Would they be brought to a nursery or would they just grind them up or bum them up? He expressed his opposition to clear cutting and he supports Staff in their decision. Council Member McPartlan said he appreciated the comments of Mr. • Votaw and commended the Community Development Manager for her phenomenal work for the City. if the Developer wanted to clear cut, then they should re -plat. MOTION by Council Member McPartlan and SECOND by Vice Mayor Dixon to deny the appeal. Roll call: Vice Mayor Dixon - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Dodd - aye Motion carried. 5-0 Mayor Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 7:06 p.m.