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HomeMy WebLinkAbout07272004CITY OF SEBASTIAN MINUTES OF SPECIAL MEETING JULY 27, 2004 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. CHAIRMAN (BOARD) APPROVED SUBJECt' .ROLL CALL: PRESENT: Mr. Faille Mr. Mahoney Mr. AIIocco Mr. Keough Chmn. Smith Mr. Paul Mr. Seeley Mr. Oakes (a) EXCUSED: Mr. Simmons (a) ALSO PRESENT: Tracy Hass, Director, Growth Management Department Jan King, Manager, Growth Management Department Susan Lorusso, Secretary Bill Hughes, School Board Representative Councilman Joseph Barczyk ANNOUNCEMENTS: Chmn Smith announced that Mr. Simmons is excused. APPROVAL OF MINUTES: 7/15104 MOTION by Keough/Paul "1 make a motion we approve the minutes of 7/15/04." A voice vote was taken. Motion carried. OLD BUSINESS: NONE NEW BUSINESS: Public Hearing - Recommendation to City Council - Preliminary Plat for a Planned Unit Development - Sebastian River Landing Phase Two - 63.2 Acres Located Directly South of Sebastian River Landings Phase One, East of Sebastian River South Prong, West of CR510 - Proposed Density is 2.99 Units/Acre Chmn Smith opened the public hearing at 7:02 p.m. Timothy Jelus, 1682 W. Hibiscus Blvd., Melbourne, Florida presented the application. This project was redesigned in accordance with recommendations from Planning and Zoning and City Council. It is single-family residential with access from Sebastian River Landing Phase I, which has a PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 roadway connection at both CR510 and CR512. The CR510 access has been sized to provide access to the commercial property. This will be connected across the Lateral D canal with a bridge structure, which is in the process of being designed and has been reviewed and approved by both St John's River Water Management District and the Corps of Engineers. On site retention is provided and the water will be treated before it is released to the south prong. Trees along the north boundary line will be retained. Mr. Hass added the project consists of 189 units on 62.83 acres, which is at 3 units/acre. Lot sizes are 55' X 120' to 75' X 120' with 7.5' side yard setback. There was discussion regarding the widening of CR510 and added turn lanes from CR512, which the county is working towards. Mr. Seeley was concerned about traffic and possibly adding a fire station to the area. Mr. Hughes asked where buses would pick up students and Mr. Jelus said most likely at the CR510 entrance of Phase I and I1. No one from the public spoke in favor or opposition. The hearing was closed at 7:21 p.m. MOTION by Keough/Faille "1 make a motion that we approve to forward to City Council the PUD preliminary development plan approval for Sebastian River Landings Phase I1." ROLL CALL: Mr. Keough yes Mr. AIIocco yes Mr. Seeley no Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. Paul yes The vote was 6-1, Motion carried. Public Hearing - Recommendation to City Council - Preliminary Plat for a Planned Unity Development - Sebastian Crossings - 45.6 Acres Located Directly East of Sebastian River Middle School, North of CR512, West of Fischer Lake Island Subdivision - Proposed Density is 2.91 Units/Acre Chmn Smith opened the hearing at 7:22 p.m. Mr. Mike Evans, 1682 W. Hibiscus Blvd., Melbourne, Florida presented the application. The development is 137 lots with two accesses. One will be coming out at the light at CR510 and CR512 and proceed along a public to the gated entrance of the development. The second access, which comes off CR512 and is awaiting county approvals, will serve the development and two commercial properties. Retention will remain on-site. Mr. Hass added the lots would be 55' X 175' at 2.9 units/acre. The fire department made specific comments regarding this project and they are noted in the staff report and must be addressed by the developer prior to construction plans being approved. Mr. Paul inquired about notification to the Fellsmere Cemetery and if the families of the deceased buried there have also been notified. Mr. Hass said the office of the Cemetery was notified. There was concern about construction and the retention pond causing damage to the cemetery and graves. Mr. Evans assured the board that the retention design had been engineered by a licensed engineering firm and in no way would it disturb the property. He added that if anything were to compromise the cemetery, construction would be halted, proper authorities would be contacted and all regulations 2 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 would be followed. Mr. Hass said he would contact the City of Fellsmere regarding this issue. There was extensive discussion about what constitutes two accesses to the property and the possibility of going through Fischer Lake Island Subdivision. Mr. Bruce Moia, Mosby & Associates, Vero Beach, Florida said they had researched all possible venues of access and this was the best-proposed plan. Mr. Hass added that we could not demand an applicant to provide access through private property. Mr. Seeley was concerned about the increase of traffic on CR512. Mr. Hughes wanted assurance that prospective homeowners would be made aware that numerous school buses are parked at the school location and all start their routes there creating a large amount of noise and exhaust. Mr. Evans said he is willing to put a notice in the homeowners' covenant. No one from the public spoke in favor or opposition. The hearing was closed at 8:04 P.M. MOTION by Paul/Seeley "1 make a motion to deny the project based on second access and potential problems with the cemetery," Mr. Hass cautioned the commission that according to code they have provided two points of ingress and egress. He suggested they be more specific. Mr. Smith was concerned that by putting the potential problem of the cemetery in the motion would result in the city being responsible for any issues that should arise and it should be the developer's responsibility. Mr. Seeley retracted his second. As there was no second to the motion, the motion failed. MOTION by Mahoney/Smith "1 make a motion that we approve with the proviso that the city council will recognize our exemption and vote in accord from the necessity of providing two accesses based on our recommendation." ROLL CALL: Mr. Allocco no Mr. Mahoney yes Chmn Smith yes Mr. Keough yes Mr. Seeley no Mr. Paul no Mr. Faille yes The vote was 4-3, Motion carried. C. Public Hearing - Recommendation to City Council - Request for Amendment to the Comprehensive Plan Future Land use Map and Zoning Map - The Hammocks Subdivision - (for a proposed annexation) 40 Acres Located South of Sebastian River Land Phase II and East of Sebastian River High School and The Spencer Development - Proposed Land use is LDR and Proposed Zoning is RS-10 Chmn Smith opened the hearing at 8:09 P.M. Mr. Bruce Moia introduced his new partner Aaron Bowles and stated that they have purchased Mosby and Associates. Mr. Bowles presented the application and described the project as consisting of 40 acres with half 3 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 acre lots at 1.4 units/acre. Mr. Hass added that this board is to review the land use and zoning. With regard to the access, at the southeastern section of the property there is a dirt road which the county has been evaluating the possibility of extending access north on CR510 and to five other developments. It will be used as an internal corridor to remove traffic from CR510 and minimize the cuts. Mr. Hughes was concerned about student safety crossing CR510. Mr. Hass said the county is aware of that and the intention is that 82nd Avenue will line up with the future access roads to these subdivisions and be a signalized intersection. It will also have crosswalks and necessary sidewalks. No one from the public spoke in favor or opposition. Chmn Smith closed the hearing at 8:29 P.M. MOTION by Allocco/Paul "1 make a motion that we approve the [recommendation to City Council] land use change from R county to LDR for the Hammocks Subdivision." ROLL CALL: Mr. Keough yes Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. Seeley yes Mr. Paul yes Mr. AIIocco yes The vote was 7-0. Motion carried. MOTION by AIIocco/Keough "1 make a motion that we approve the [recommendation to City Council] rezoning from A- l county to RS-10 for the Hammocks Subdivision." ROLL CALL: Mr. Faille yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. AIIocco yes Mr. Keough yes Mr. Paul yes The vote was 7-0. Motion carried. D. Revision to Approved Elevations - Riverfront District- Davis Commercial Center- 1701 U.S. Highway #1 Chmn Smith noted that the changes have already been made to the project. Mr. Hass said that is exactly why it is on the agenda. Mr. Moia said the rear area was always going to be utilized as a loading area. Mr. Hass added that plans were submitted to the Building Department showing the large garage doors, however, Growth Management Department did not see those plans. Mr. Paul was concerned that if the board approves this modification it will set precedence for other projects. During discussion of whether to approve the garage doors or have the applicant return to the original plans approved by Planning & Zoning, it was mentioned that there is the possibility of deliveries being made in the front of the buildings if this modification is not approved. MOTION by Paul/AIIocco PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 "1 make a motion that we ask the gentleman goes back to the original door structure that he has in back based on the Riverrront design and the aesthetic looks." Discussion continued and Mr. Hass explained the course of events. Planning and Zoning reviewed the plan that showed standard doors in the rear. What is before you was presented to the Building Department for review and approval, which it received but was never brought to Growth Management for review. He added that Planning and Zoning must approve architectural elevations of every building within the riverfront and CR512 corridor. This board approved a building elevation that is different than what is being constructed. If you turn down the change, the applicant can pursue an appeal to the City Council and if they agree with your decision, the applicant can take it to the courts. If you approve the doom they continue with the project. If you do not, they have to modify the structure or appeal the decision. At this time Mr. AIIocco withdrew his second. Mr. Paul expressed his concern that if this is approved, it will bring similar problems in the future. As there was no second, the motion failed. MOTION by Faille/Smith "1 make a motion we approve the revisions to the elevations [of the Davis Commemial Center, 1701 U.S. Highway #1]." ROLL CALL: Mr. AIIocco: yes Chmn Smith yes Mr. Keough yes Mr. Mahoney yes Mr. Seeley no Mr. Paul no Mr. Faille yes The vote was 5-2. Motion carried. CHAIRMAN MATTERS: Chmn Smith mentioned that he was in attendance at the CRA meeting and Warren Dill was appointed Chairman and Tom Frame was appointed Vice Chairman. MEMBER MATTERS: Mr. Keough left the meeting at 9:06 P.M. Mr. Mahoney asked for a clarification of the areas incorporated in the overlay districts. Mr. Hass responded that anything adjacent to the right-of-way of CR512 falls within the CR512 overlay district and then the element that is actually east of the railroad falls within the riverfront district. DIRECTOR MATTERS: Mr. Hass reminded the board that there is no meeting on August 5, 2004. ATTORNEY MA'I-FERS: NONE Chmn Smith adjourned the meeting at 9:12 p.m. (7/29/04 SBL) 5