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HomeMy WebLinkAbout09182003 PZ SEPTEMBER 18, 2003 Chairman Smith called the meeting to order at 7:00 P.M. o. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING The Pledge of Allegiance was said. Mr. Barcyzk was present. ROLL CALL: PRESENT: Mr. Faille Mr. Mahoney Ms. Monier Mr. Blessing Chmn. Smith Mr. AIIocco Mr. Keough (a) Mr. Seeley (a) UNEXCUSED ABSENCE: Mr. Svatik ALSO PRESENT: Tracy Hass, Growth Management Director Jan King, Growth Management Director Rich Stringer, City Attorney Dorri Bosworth, Secretary ANNOUNCEMENTS: Chmn. Smith congratulated Norman Blessing on being appointed a full seat and welcomed Ed Seeley as the new alternate member. Mr. Svatik is absent and Mr. Seeley will be voting in his place. Chmn Smith informed the commission that if he were not in attendance at a meeting the most senior commission member would officiate as chairman. APPROVAL OF MINUTES: 8/21/03 MOTION by Monier/Blessing "1 make a motion we approve the minutes of August 21st'' A voice vote was taken. 7-0 minutes approved. OLD BUSINESS: NEW BUSINESS: None A. Quasi-Judicial Public Hearing -Conditional Use Permit- SunTrust Bank- Drive-thru Facility in CG Zoning District B. Quasi-Judicial Public Hearing - Site Plan - SunTrust Bank - U.S. Highway #1 and Barber Street - Publix Indian River Subdivision PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 Chmn Smith opened the public hearing and swore in the applicant and staff. Mr. Joseph Schulke, Schulke, Bittle & Stoddard LLC, 1140 7th Court, Vero Beach, Florida presented the application. This will be a new branch of SunTrust Bank on a parcel that is part of the Publix Indian River Subdivision Plat and water, sewer, traffic and drainage was accommodated for in that plat. Mr. Hass added the site plan is for a 3,500 square-foot banking facility with drive-thru. All the site infrastructure improvements were included in the site development of the Publix. Access will be by existing curb cuts. Sufficient stacking has been provided for the drive-thru facility. The five conditions that apply for conditional use are (1) Separate entrances and exits shall be provided and clearly identified, (2) No more than 2 curb cuts shall be permitted on any single street frontage, (3) Site plan shall provide for efficient circulation of vehicles on-site, (4) In the CG and CR district, no drive-thru facility shall be located within 100 feet of a residential district, (5) All side and rear yards abutting or adjacent to residential districts or uses shall be screened. Staff recommends approval of both the site plan and conditional use. Mr. Mahoney was concerned about queuing of traffic. Mr. AIIocco asked if the water retention was already sized and Mr. Schulke said it was. Mr. Blessing wanted to know if SunTrust could request additional curb cuts in the future and Mr. Stringer said two are allowed for the whole Publix development and they are already in place. No one from the public spoke. Chmn Smith closed the hearing. MOTION by AIIocco/Blessing "1 make a motion that we approve the SunTrust Bank for the conditional use permit." Roll Call: Mr. Faille yes Mr. AIIocco yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley (a) yes Ms. Monier yes Mr. Blessing yes The vote was 7-0. Motion carried. MOTION by AIIocco/Mahoney "1 make a motion that we approve the site plan as presented for the new SunTrust Bank at the Publix subdivision." Roll Call: Mr. Faille yes Mr. AIIocco yes Mr. Mahoney yes Chmn Smith yes Mr. Blessing yes Mr. Seeley yes Ms. Monier yes The vote was 7-0. Motion carried. C. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND USE MAP AMENDMENTIREZONINGIPUD CONCEPTUAL PLAN Ms. Monier stated for the record that she had done some research with county commissioners, councilmen and doesn't believe that one branch of government should ignore the other branch. She added that the city is growing and the public is concerned. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 The developers have certain rights but we are taking into consideration lot sizes, side setbacks and density. One reason the developers are looking to annex into the city is for commercial growth, which is needed in our city. Chmn Smith added that the City of Sebastian has home rule, which means the city makes its own decisions. The school system is a county system and their jurisdiction. The Growth Management Department is the arbitrator between the developer and the city. Chmn Smith opened the public hearing. Mr. Joseph Schulke, who was previously sworn in, presented the application as an annexation of a 56 acre piece of property with a land use of L-2, six units per acre supporting single and multi-family zoning. The proposal is for a planned development. Mr. Schulke passed out similar exhibits to the commissioners that he gave to members of the public and introduced his clients, Mr. Coy Clark and Mr. Jeff Blackstone. The proposal is for 214 homes with increased lot width and setbacks. Thirty-two percent of the site will be for recreation, preservation and open spaces. It will have curb roads and sidewalks within the gated community. The surrounding area to the north is FPL substation and soon to be built Pelican Isle Apartments at 5.6 units per acre, to the east is Orange Heights a mobile home community at 4.2 units per acre, to the south is existing general commercial property and the Sebastian Elementary School, and to the west is Powerline Road. This project will have 3.47 units per acre. It has private streets, drainage and recreation areas with private maintenance of these. No added traffic through the Highlands, connect directly to the main highway. They hired both traffic consultant and environmental impact consultant. There were no endangered species found on the property and appropriate permits will be obtained for gopher tortoise relocation. Mr. Hass added that the three big issues are density, lot sizes and setbacks. All these issues were addressed through the redesign of the project. Currently the site within the county is 6 units per acre, the proposal is for Iow density within Sebastian, which allows 5 units per acre, but the development proposal is presented at 3.47 units per acre. Mr. Mahoney asked about the size of the rights-of-way and Mr. Hass said there are 40' rights-of-way with sidewalks on both sides of the street as well as 10' easements along the rights-of-way. Mr. Mahoney suggested that PUD's use a calculation of 75% of the zone district requirement. There was discussion regarding open space, recreation areas and wetlands. Mr. Keough was concerned about the 7' setbacks. Mr. AIIocco commended the layout and presentation but felt there were too many homes for the site. Ms. Monier suggested the whole point is to negotiate. The general feeling is that the density is too high and the applicant should consider decreasing the number of homes by 20 and use 10' setbacks. Mr. Blessing had concerns with the 40' wide road and would also like to see the density reduced. Mr. Seeley said he visited Collier Club and Sebastian Lakes to view this type of community. Mr. Smith confirmed with Mr. Hass that the developer has gone through negotiations with city staff and city council has final decision. Mr. Stringer added the three units per acre issue is the council saying they are not going to approve a higher density than the applicant would have had in the county. The following people spoke: PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 Mr. William Schulke, Sebastian, Florida said he felt that there is only abut 6' of usable area within the 10' setback. He also commented that with the sidewalks there would be more street parking than with swales. Andrea Coy, 333 Pineapple Street, Sebastian, Florida would like to see a copy of the environmental impact study, 20' buffer area not enough, and density is too high. Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida liaison officer between the Sebastian Property Owners Association and city hall and the SPOA is against any change or decrease in the size of buildable lots from 10,000 square feet. Bill O'Neil, 321 Tangelo Street, Orange Heights, Sebastian, Florida wanted to know how close the ends of the streets are and Mr. Hass said 20' setback and 20' buffer. Andrew Falice, 1045 Foster Road, Sebastian, Florida concerned about the traffic from Pelican Isle and this project. Rob Clearbrook, 1041 Foster Road, Sebastian, Florida is against PUD development and concerned about the wildlife. George Gribbroek, 1049 Foster Road, Sebastian, Florida familiar with the site for more than 30 years and concerned about the wildlife and trees. Mary Ingui, 626 Layport Drive, Sebastian, Florida questioned if the residents of this development could use city parks but city residents could not use their facilities, would there be maintenance fees, and concerned abut the visual impact. Mr. Schulke added they have hired GK Environmental to do an environmental assessment of the property. He added they are preserving nine acres of upland and wetland area. Chmn Smith closed the hearing at 8.58 p.m. and asked Mr. Hass for a summary. He stated the main objective in reviewing these projects is to determine consistency with the Comprehensive Development Plan and Land Development Code as well as satisfy the objectives of the city council. Mr. Stringer advised the commission to vote on each item independently. MOTION by Monier/Blessing "1 make a motion [to recommend to city council] that we change the land use to Low Density Residential [for Ashbury Subdivision]" Roll Call: Mr. Faille no Mr. Mahoney no Mr. Seeley (a) no Mr. Blessing yes Ms. Monier yes Mr., AIIocco no Chmn Smith yes The vote was 4-3. Motion denied. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 Mr. Stringer then advised the commission to make a motion for another land use category because if it is annexed it must have a city land use category. He detailed the various land use categories. MOTION by Monier/Blessing "1 would like to reiterate my motion [to recommend to city council] the create a land use for the Ashbury Subdivision to LDR" There was discussion about land use and zoning categories. Mr. Stringer advised the commission if the land were brought in without a land use category established it would come in at the closest corresponding city land use category. In this case it would be multi-family because the current county land use allows 6 units per acre and our multi- family category would be the closest. Roll Call: Mr. AIIocco no Mr. Faille yes Chmn Smith yes Mr. Mahoney no Mr. Seeley (a) yes Ms. Monier yes Mr. Blessing yes The vote was 5-2. Motion carried. MOTION by Mahoney/Blessing "1 make a motion that we [recommend to city council] rezone [Al to PUD-R] with a minimum of 7,500 square foot lots with 7 ~' side setbacks and 60' lot frontage" Roll Call: Mr. Faille yes Mr. AIIocco Mr. Mahoney yes Chmn Smith Mr. Blessing yes Mr. Seeley Ms. Monier yes yes yes yes The vote was 7-0. Motion carried. D. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL- LAND USE MAP AMENDMENT/REZONING - CROSS CREEK SUBDIVISION Mr. Warren Dill, 1565 U.S. #1, Sebastian, Florida represented the applicants, Mr. Hank Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates, Vero Beach, Florida. Mr. Dill described the property location, 115 acres, 150 single family lots, 85' X 135', 13,000 sq. ft. The lots on the cul-de-sac are almost half acre. The density is 1.3 units per acre, proposing private streets with 50' right-of way curb and gutter, and sidewalks on both sides. Powerline Road will be paved to access this property. County water and sewer is available, storm water will be kept on site and no obligation on the city for maintenance of drainage. Land use is compatible with surrounding area. Mr. Hass added that the property is currently being used as an active sand mine, which will cease operation this year. In the event that the Powerline Road access is not able to occur the alternative access point will be Shakespeare. Mr. Mahoney was concerned about who would be responsible for paving Powerline Road and Mr. Hass said it is being negotiated. Mr. AIIocco asked if the large cement PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 poles would be a problem on Powerline Road and Mr. Dill said the driving surface is to the east of th4e poles and they would not present a problem for road construction. The commissioners agreed this was a well-presented project. The following people spoke: Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida very pleased with the proposal as long as they do not use Shakespeare as the main entrance to the site. Mickey Groepler, Sebastian, Florida asked where the lake came from and Mr. Dill said the lake was created as a result of the sand mine operation. Dot Weathers, 1781 Barber Street, Sebastian, Florida concerned about traffic on Powerline Road. Anna Roessler, 1745 Skyline Lane, Sebastian, Florida wanted to know if the buffer zone will be maintained. Zipolitto, Filbert Street, Sebastian, Florida said he received a letter requesting 35' of his property for the road work and wondered why it wasn't taken from the west side of the road instead. Mr. Stringer explained that Powerline Road is a good way to get from the Highlands to 510, which has been a safety issue at the Metropolitan Planning Organization. Kathy Woolsey, 8625 70th Avenue, concerned about traffic and development. Richard Scurlock, 1190 Barber Street, Sebastian, Florida in favor of no development and no growth. Mr. Dan Spencer, 90th Avenue, was a citrus grower for 20 years and if the economy could support his business to continue it would. Mr. Mahoney asked for a clarification of the staff notation, "rezoning shall be conditioned upon receipt of annexation approval by the city council." Mr. Stringer interjected that it doesn't take effect unless the city annexes it. MOTION by Blessing/AIIocco "1 make a motion [to recommend to city council] that the land use change from R County to LDR for the Cross Creek subdivision by accepted and approve the rezoning from A1 to RS-10 for the Cross Creek subdivision." Roll Call: Mr. Faille yes Mr. AIIocco yes Mr. Mahoney yes Chmn Smith yes Mr. Blessing yes Mr. Seeley (a) yes Ms. Monier yes The vote was 7-0. Both motions carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 E. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND USE MAP AMENDMENTIREZONING - SPENCER DEVELOPMENT - CR510 Bruce Moia, Mosby & Associates, Vero Beach, Florida was present for the applicant. He presented the request for an LDR land use and RS-10 zone designation. The proposed development will have a minimum lot size of 80' X 100', 2.6 units per acre, curb and gutter with sidewalks. Mr. Hass had nothing more to add except staff recommends approval for both the land use change and rezone. Mr. Mahoney inquired about the proposed access through Phase III of Sebastian River Landings. Mr. Hass said that is speculative at this point if it occurs but there will be a connection to 510 as their main point of ingress and egress. The following people spoke: Richard Scurlock, 1190 Barber Street, Sebastian, Florida opposed to the plan because the land is currently zoned for one unit per acre and doesn't want the zoning increased. MOTION by Monier/Seeley "1 make a motion that we approve [recommendation to city council] the land use change from R County to LDR and I also make a motion to [recommend to city council] to rezone from R-1 County to RS-10." Roll Call: Mr. Faille yes Mr. AIIocco yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley (a) yes Ms. Monier yes Mr. Blessing yes The vote was 7-0. Both motions carried. CHAIRMAN MATTERS: MEMBER MATTERS: DIRECTOR MATTERS: NONE NONE Mr. Hass said there are four other projects similar to what was presented this evening. Ms. Monier asked where is the commercial to support all these homes. Mr. Stringer said the long-term plan is to have the riverfront district support a commercial area. Mr. Hass added that Sebastian River Landings Phase I came in at 3.4 units per acre and under the county's guidelines they were at 3 units per acre so it was an increase in density. That's when the negotiations started to bring it down to 3 units per acre and it got carried over into subsequent phasing of Sebastian River Landings and then all of a sudden the whole idea was, the whole city, every annexation should be limited to 3 units per acre. The direction was if they have 3 units per acre lets keep them at 3 if they have 6 units per acre they obviously will have to reduce it down to five because we don't have a 6 and then let's further negotiate it down within the 5 to bring it down to something in that 3 to 3.5 range. Mr. Stringer added that the Highlands aren't even 3 per acre they are 3.3. Mr. Blessing and Ms. Monier asked if a new land use category could be developed. Mr. Hass said this has been discussed with the consultants about gOing ahead and doing PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 that through the comprehensive plan, which is being revised right now. Suggested was a Iow density of 3 units per acre and another category of 5 units per acre, which we have now, giving us two Iow-density categories. The workshops for the comprehensive plan review will begin early January. Mr. Stringer talked about the controls the city implements on development and how noticeable it is as you travel U.S. Highway #1. Mr. Hass clarified rumors that the Growth Management Department supports development but in actually with the workload before the department, they would prefer there was no development. They are following the direction given them and assure the development is consistent with our main objectives. ATTORNEY MATTERS: Mr. Stringer commented that he would be more active with the boards. Chmn Smith adjourned the meeting at 10:41 p.m. (10/08/03 SBL)