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Home My WebLink About08191998 Special . . . ,"1" 0" "\ 'J1 t~ ~ <<' - ,~ lI~I1C-( ~Q O.,,~ ~::J \~..)' 0" PElle,">' City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 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 1. Mayor Sullivan called the Special Meeting to order at 7: 15 p.m. 2. The Pledge of Allegiance was recited. 3. 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 _pecial City Council Meeting ~ugustI9, 1998 Page Two 4. OUASI-JUDIOAL PUBLIC HEARINGlS). FINAL ADOPTION 98.018 A. Resolution No. R-98-35 - Sebastian Lakes Planned Unit Development Residential (PUD-R) PreliminaJ)' Development PlanlPreliminaJ)' Plat (Growth Mana~ement Director Transmittal 8/12/98. R-98-35. Application P & Z Minutes. Staff Report and Location Map PreliminaJ)' Plan Under Separate Cover) 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. 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.) Inquiry of Applicant or Applicant's Witnesses by CouncillBoard (or Staff or Applicant or Other Affected Parties through Mayor or Presidin~ Officer) . Lennar 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 .pecial City Council Meeting _August 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' Presentation 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. Inquiry of Staff by CouncillBoard . Discussion took place on rezoning the library tract and the correct spelling of Grandeur. 3 .pecial City Council Meeting ugust 19, 1998 Page Four Informational Testimony None. Applicant's Rebuttal 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 fmal plat. It was the consensus of Council to require concrete sidewalks along Laconia and Grandeur as condition 8. Close Hearin~ Mayor Sullivan closed the hearing at 9:30 p.m. . MOTION by Cartwright/Sullivan I move to approve Resolution 98-35 as amended. Mrs. Cartwright 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 Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan - aye - aye - aye - absent - aye MOTION CARRIED 4-0 5. Being no further business, Mayor Sullivan adjourned the Special Meeting at 9:32 p.m. i:4rMt .Jf, t? >>!tU0 ;1, lLtb (Y1cI4l1~ Kathryn M. O'Halloran, CMC/AAE City Clerk ,jyf~ ~~ , 1998, Regular City Coun~~eet~~~, ,'.., ..// /.~ / ~'--..' . ." //;" . -:~...... Ruth suniviui . Mayor . 4 This is a PETITION from the residents of Sebastian Lakes Condominium to the City of Sebastian, to have GHO Development Corporation comply with building an additional road and exit into their development of 97 ho uses, either off Roseland Rd. or Laconia. lat~v() '3' ,& /J P' A\ 4<"P111!;f {{,&Yffl-CY .- 0 rr--"" ',f~..~ .~.tV.I!k-i/ ;/dicw~.M/ '../.~ . . /. ~ i t i (jl II 4 ^-..-"'" . L~ , ~ '-, '. ,.~. ~...,') . .' 5 r~ 'i./U ;;J', /( I J (c~._.(.-_ t-j f-f . '~. ' 7 ~~ 6 ::f-tL,;:;!.;::'f&'L~ 8.-? --'1 I:JcI-(~jl If} 9. ~~ J{.. f/'t{A& 10. c/7L;JJLd-, /::r,j(~~- / l'J 11. Ie ~<~ ~L-- 12. ~~ (~--w-<.ur.,5^~-- YD 13~ .~ t:~j:::lP(Y\(Y\'V~ 14dJ~ ~.'X. Lr/? 15. ~ ~~ L-f!4' 3. 1. 16. 17. 18. 19. 20. 21. 22. 23. 24. , ' . . . 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 recommends the City Council approve the preliminary development plan for Sebastian Lakes PUD-R with the following conditions: 1. Tracts A1 and 81 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. 2. Final Development Plan Approval for phase I shall be obtained in 30 months, phase II in 48 months, and phase III in 66 months. 3. A sidewalk easement shall be provided and dedicated to Sebastian Lakes Master Homeowner's Association. 4. The drainage system for the project will be constructed in conformance with the approved 5t. 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. 5. The recreation facility (tennis courts) shall be completed with phase I. 6. The developer construct a sidewalk along the east side of the entrance drive connecting the internal sidewalks with the future sidewalk along CR-512. 7. 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. ~/~? /I PREP ED BY &-/1 2-/ f~ DATE / 11 l!' QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, AUGUST 19, 1998 Resolution No. R-98-35 I Persons who desire to make a presentation or present information or comment on an application or item must register with the City 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 Aoolicant. Citv Staff and Persons Entitled to Notice Under Code or Statute. A homeowners' or property owners' association whose members include an affected party shall be granted affected party status by the City Council/Board provided the association has been established pursuant to Florida Law, A certificate of good standingfrom the Florida Secretary of State 's office and a resolution of the board of the association authorizing said representation shall be filed with the City Clerk's office prior to the entity's request to be granted affected party status. A person who appears before the decision making body who is not an affected Dartv may be allowed to testify before the decision making body, may be requested to respond to questionsfrom the decision making body but need not be sworn as a witness and is not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shall assign weight and credibility to such testimony as it deems appropriate. Eva Schofield Name 1106 Breezy Way 1 C, Sebastian Address ---------------------------------------------------------------------------------------------------------------------- Name Address PI j-r-~~ ? II'J~ .t'"....;z.y ~-5C" .s' -I- n:M- /' L Z}/ J/ua3 G"t ~IO,r./c/O 3-(" -')- t i - 3 g-r - 143 '-2- -------------------------------------------------------------------------------------------------------------------- Name 11-- /( r# LIt( i1 j:j, U C/? Address . II fR q G /. IF~ l3-'1 W,4 y - '-6/ _s-81-J/7o _______________~~t.?_~~z::_~_~~__~_~______________________----------------~----------------------------- U,.,I;T' qll .' Name ~ ~ -I~A"" J'- Address (J --------~~~~-- ------------ -------- - ---~~-~~------~~~-------------- Name ~A. fJ~ Address _Jl~Jt~-~l'--~-t-~~~~::c..:l::~----------------------------------------------------------------- Sc I",t I~ IA; PL", '6 J cy S' r Name Address --------------------------------------------------------------------------------------------------------------------- Name Address -------------------------------------------------------------------------------------------------------------------- Name Address -------------------------------------------------------------------------------------------------------------------- Name Address 2