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HomeMy WebLinkAbout01282009crrv of HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 28, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular City Council meeting to order at 6:30 p.m. 2. Rabbi John Goldring, Congregation Beth-EI, gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth Police Captain, Bob Lockhart Police Captain, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. None. Regular City Council Meeting January 28, 2009 Page Two 7. ITEMS CARRIED FORWARD FROM JANUARY 14, 2009 REGULAR MEETING 08.014/09.017 A. Review and Set Goals for Charter Officers in Accordance with Resolution R-07-31 ~-s SCity Clerk Transmittal, R-07-31, Minutes Excerpts) Mayor Gillmor commended all three officers for their excellent professional service to the City of Sebastian. His goals were as follows: For the City Manager, he was asked to delegate more and expect excellence; look for new revenue sources; continue to watch out for the City's interests in the ISBA process; continue to work on an economic development plan; streamline the growth management process; provide more frequent a-mail updates; ensure the MIS Dept. has the system it needs to import/export the City's information-maybe report where we are lacking and can improve; jumpstart the budget process and continue working on the HCP Plan and Airport Layout Plan. The City Attorney was asked to be the legal watchman for the City; continue working on the economic development plan; continue to watch out for Sebastian's interests in the ISBA process; begin working on the land development code; and provide a synopsis of what litigation cases are pending, perhaps at each meeting. The City Clerk as well as her staff were commended for the job they do and urged to continue. Discussion took place on a recommendation by Mayor Gillmor to purchase laptops and go to paperless agenda packets to save money. The rest of Council said they preferred to have books. Mr. Wolff encouraged the Clerk to come forward with ideas for the community and suggested working with citizens to see if Laserfiche can be made easier to navigate. B. Council Member Simchick 09.020 i. City Planning: A Time for Vision and Goal Setting Ms. Simchick cited a 1998 visioning process and said goal setting needs to be done again to see who we are and where we want to go. 09.021 ii. Tourism Ms. Simchick said the City offers so much for the day tripper and that she had envisioned an historical trail in Sebastian along Indian River Drive, Main Street, US 1 and Louisiana Avenue showing the different sites in Sebastian, noting there are two designated historical districts in Sebastian out of 200 in the State. She said she would like to include businesses in the trail and requested a tourism meeting in April. After some discussion it was the consensus of Council to hold a workshop on March 18tH and invite Pelican Audubon Society, Sebastian Historical Society, Friends of St. Sebastian River, the Chamber of Commerce and anyone else anyone can think of to share ideas on tourism. At this time, Damien Gilliams requested to speak on the previous items, and suggested recycling for commercial business, a citizen's academy, seeking ways to raise revenues, put the City checkbook on the website, hire a business liaison, open an environmental center, move the Chamber to the City Hall complex, get a lobbyist, have 2 Regular City Council Meeting January 28, 2009 Page Three Council mentor children to teach them government and provide a wellness program by using PD gym equipment. C. Mayor Gillmor 09.022 i. Assignments of Council Members to Attend IRC Commission Meetings - ~~ February through October It was the consensus of Council that rather than attendance, members monitor the agenda and if there is something that needs representation then they will attend. They were advised by the City Attorney to contact the Clerk if they could not make it and needed a replacement. The following member will monitor the following months: February -Coy March -Wolff April -Simchick May- Hill June -Gillmor July -Coy August -Wolff September-Simchick October- Hill November- Gillmor December- Hill 09.023 ii. Car Storage Mayor Gillmor expressed concern for multiple cars, RV and boat being parked on a resident's lawn and recommended revisiting codes to see if there is some way to stop it. The City Attorney advised that in this case, the cars are legally registered and that attempts had been made some years ago to try to alleviate the problems of too many vehicles being parked at residences. Discussion followed as to those previous attempts to amend the code, enforcing the current code, requiring garages to house a collection of vehicles, and backed-in cars preventing the inspection of license plates. The City Manager said the resident in question has cleared his yard. Phyllis Manzi, 742 Holden Avenue, agreed there are some junk places in the City and favors using common sense. Donna Keys, 725 Layport Drive, supported this issue and asked if boats and RVs could be parked on the opposite side of corner homes. Damien Gilliams, neighbor to Ms. Keys, said the solution is a deeded subdivision. The City Attorney advised that other jurisdictions have so many problems with junk cars that they do not have time or resources to fine cars that are parked where we don't want them to park, but he would be happy to canvass this. Regular City Council Meeting January 28, 2009 Page Four The consensus of Council was to have the City Attorney look at this to see if he can come back with any comments or solutions. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to sta-t of the meeting or by raising his/her hand to be recognized. 13-24 25-30 31-42 08.121 /09.007 43-50 A. Approval of Minutes - 12/15/08 Joint Workshop B. Approval of Minutes - 1/7/09 Workshop C. Approval of Minutes - 1/14/09 Meeting D. Resolution No. R-09-05 -City Council Meeting Procedures (City Clerk Transmittal, R-09-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-08-09; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 09.025 51-54 E. Resolution No. R-09-06 -Supporting Combining the St. Johns River and South Florida Water Management District Waterways (City Clerk Transmittal, R-09-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE HYDRAULIC AND APPLICABLE PHYSICAL RE-CONNECTION OF THE CENTRAL AND SOUTH FLORIDA CONTROL PROJECT, AS REPRESENTED PRESENTLY BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THROUGH A SERIES OF INTERCONNECTED RESERVOIRS, STORM WATER TREATMENT AREAS AND CANALS WITH THE FORT DRUM MARSH AREA. 09.014 55-58 F. Resolution No. R-09-07 -Supporting Florida League of Cities Policy Re: Citizen Outreach (City Clerk Transmittal, R-09-07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. 09.026 59-66 G. Resolution No. R-09-08 -Authorizing City Manager to Execute Florida Airports Council Internship Grant in the Amount of $5,000 (Airport Transmittal, Internship Grant Application, Grant Agreement, R-09-08) 4 Regular City Council Meeting January 28, 2009 Page Five A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERNSHIP GRANT AGREEMENT WITH THE FLORIDA AIRPORTS COUNCIL TO PROVIDE FUNDING FOR AN AIRPORT INTERN; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 09.027 H. Approve Florida League of Cities Neeley Settlement in the Amount of $2,500 s~ (City Manager Transmittal) 09.028 I. Award Bid and Approve Purchase of Grader for Airport from Flagler Construction 69-98 Equipment in the Amount of $80,000 with Funding from FDOT JPA Grant (Airport Transmittal, Invitation to Bid, 2 Bids) MOTION by Council Member Coy and SECOND by Vice Mayor Hill to approve consent agenda items A-I. Result of the roll call: Ayes: 5 Nays: 0 Passed 5-0. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. None. 10. PUBLIC HEARINGS 09.024 A. Second Reading and Public Hearing of Ordinance No. 0-09-01 Capital Improvements 99-147 Element of CLUP (GMD Transmittal, 0-09-01, Exhibit A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ 1 /13/09) The City Attorney read the title of Ordinance No. 0-09-01, the Mayor opened the public hearing at 7:36 p.m., and the City Attorney explained the Department of Community Affairs views this as a separate item than the entire comprehensive plan (CLUP) adopted last December. There was no public input. MOTION by Vice Mayor and SECOND by Ms. Simchick to adopt Ordinance No. 0-09-01 regarding the capital improvement element of the CLUP. Result of the roll call: Ayes: 5 Nays: 0 Passed 5-0. Regular City Council Meeting January 28, 2009 Page Six The Mayor called for a recess at 7:38 p.m. and reconvened the meeting at 7:55 p.m. All members were present. 09.029 B. QUASI-JUDICIAL HEARING -Resolution No. R-09-03 Preliminary Plat -The 149-173 Pointe at Chesser's Gap Subdivision (GMD Transmittal, R-09-03, 2004 Conceptual PUD, Staff Report, P & Z Minutes, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS THE POINTE AT CHESSER'S GAP; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The Mayor opened the hearing for Resolution Nos. R-09-03 and R-09-04. The City Attorney read both titles, advised to conduct the hearings at the same time but take separate votes at the end. Mayor Gillmor called for disclosure of ex-parte communication. Ms. Coy said she had a conversation with Mrs. Lea, and received a-mails from several residents. Mr. Wolff said he replied to an a-mail from Mr. And Mrs. Mathewson. Ms. Simchick said she also received the same a-mails and a flyer in her mailbox directed to Collier Creek residents. Mayor Gillmor said he also had e-mails, spoke to Mr. & Mrs. Lea, and had one telephone call but did not respond. The City Attorney asked Council if as a result of these e-mails, leaflets, or phone conversations, that they would be unable to hear the case fairly and impartially and judge it on its merits, restricting their judgment to the record that's produced here. All members said they could proceed. He then asked if anyone present had any objection or wanted to question any member of Council about their disclosures. He asked the record reflect there wasn't any objection and the members were legally fit to sit on this case. The Clerk swore in all who intended to provide comments on the project Doug Vitunac, Attorney, Collins, Brown, & Caldwell, 756 Beachland Blvd., Vero Beach, representing Chesser's Gap LLC introduced Richard Jones, a managing member of Chesser's Gap LLC; Todd Howder, MBV, Engineer; Brian Good, Kimley Horn, Traffic Engineer; and Brian Nolan, Landscape Engineer. Mr. Vitunac said they were aware that numerous residents present who would like to speak and noted the project meets and exceeds standards designed to protect individuals, it is a high quality development, it will be beneficial to the community, and provide a diversity of living space. He explained the project history began as an approved commercial PUD in 1987, and pre-dates the Collier Creek and Harbor Pointe subdivisions, the owner changed the conceptual plan to multi-family use in 2004 to make it an appropriate buffer around the commercial PUD, and the Planning and Zoning Commission (P & Z) gave unanimous approval for the preliminary plat and final site plan. 6 Regular City Council Meeting January 28, 2009 Page Seven He continued to explain that plats are required when property is going to be subdivided and when the minimum standards have been met by the developer, Council does not have the discretion to deny the plan but only apply existing law to what was being presented. Mr. Vitunac outlined the following code requirements they have met: -site plan is consistent with the future land use element -exceeded open space requirements -came in under the maximum building coverage -exceed minimum setback requirements -under maximum building height -have required amount of parking In response to Mr. Vitunac, Dorri Bosworth stated her name, position, length of service with the City and described her duties to include platting, final construction drawings, working with the Code. She also said she reviewed the preliminary plat and final site plan with the Growth Management Director, Rebecca Grohall and Growth Management Manager, Jan King and they recommended approval with conditions outlined in the staff reports and respective resolutions. He asked if staff recommended approval was a result of the project meeting the code and Ms. Bosworth said it was. Mr. Vitunac said increased traffic is a concern of the residents and asked the traffic engineer to speak on his qualifications and the two traffic studies that were completed. Brian Good, P.E., Kimley-Horn and Associates, Inc., said he has been a professional engineer for 10-11 years, preparing traffic studies for 15 years for Indian River County and surrounding counties. He said the first study was done in July 2007, at the request of the City; a second study was prepared in October 2008. He said the traffic meets all the City and County codes and has only one recommended improvement where traffic exceeds the City's warrants for a southbound left turn lane on Fleming Street into the project entrance. Todd Howder, P.E., MBV Engineering, said his firm did produce the civil design plan for this project including obtaining the necessary permits. Mr. Vitunac welcomed any questions and asked for time to rebut comments. The Zoning Technician stated the site plan is for 116 units on 14.5 acres that can be conveyed to individual ownership, staff has determined it is in compliance with the revised conceptual PUD plan, the conditional use permit, the comprehensive plan future land use and housing element, the land development code, and townhouse regulations, and recommended Council approve the application with the outlined conditions. Ms. Coy asked what time of day and date the traffic studies were done. Mr. Good said the first one was done on a Tuesday, Wednesday, or Thursday in July 2007 between 4-6 p.m. He said the second study was done in October 2008, 7 - 9 a.m. during school time. 7 Regular City Council Meeting January 28, 2009 Page Eight Mr. Wolff asked Mr. Good how many traffic studies he has conducted and if he has ever found any not to be concurrent in Indian River County. Mr. Good said 500 and within the last three years several moderate sized projects have not demonstrated concurrency. Ms. Simchick asked if the County is more concerned with the a.m. peak. Mr. Good said that is correct. Ms. Coy asked for a buffer description between the project and Harbor Pointe. Brian Nolan, Landscape Project Manager, Lucido & Assoc., P.A., said there would be six foot tall hedge of oleander and 270 canopy oaks and pines. In response to Mr. Vitunac, he said he was familiar with code requirements and he is a landscape architect. Mayor Gillmor asked what the distance would be between the buffer and the project. The Zoning Technician said it would be 125 foot buffer which exceeds the code requirement when residential abuts residential. Mr. Wolff asked if the developer would assume the liability if a child ingests the poisonous oleander. Mr. Nolan said it would depend on the circumstance. Mayor Gillmor said he determined there would be about 400 feet between the closest house and the project except on Fleming Street. Mr. Howder said that was correct, the closest was the southeast corner. Mayor Gillmor asked if each unit will have its own folio number. Mr. Howder said that is correct. Mr. Wolff asked the distance between the crematorium and nearest home. Mr. Howder said the recreation tract is closest at 100-150 feet, and the nearest residential unit will be approximately 150-175 feet. Mr. Wolff asked if there would be any mitigation for the smell when the crematorium is in use. Mr. Howder said they have tried to buffer it with the landscaping and recreation tract. Public Speaking in Favor of the Proiect Joan Faust, 813 Barker Street, said the project is needed to put people to work and it is better than having commercial there. Donna Keys, 725 Layport Drive stated the school concurrency report shows the middle school has a negative capacity of 247 seats and this project will require 11 seats, she asked if expansion is projected at the middle school. The Zoning Tech said the project did receive a school concurrency availability determination letter in July 2008 stating the existing service boundaries do have the capacity to serve the townhome children but noted the seats are not reserved until the school impact fee is paid. 8 Regular City Council Meeting January 28, 2009 Page Nine Ms. Keys asked how the 11 seats fit into a middle school with a negative capacity. The Zoning Technician she was not sure how it was determined but the school could be planning to expand in their capital improvement plan. Ms. Keys asked Mr. Good to display the traffic study. Mr. Good displayed on the overhead the projected trips for two critical links. Steve Mizelle, 602 Vocelle, said this is the kind of thing we need to get going and it is common sense. Public Soeakina Aaainst the Project Barbara Randolph, 107 Harbor Pointe, said there will be 232 new cars, it will be too many homes and asked if the units could be cut in half to four homes per acre. Robert Gribbroek, 1041 Foster Road, asked what can be done to stop the project as there are hundreds of homes in foreclosure and we don't need any more homes. AI Manzi, 742 Holden Avenue, said he concurred with the previous gentleman. Sharon Norris, 106 Harbor Pointe Drive, asked how this turned into aquasi-judicial hearing. She asked to have the density cut. The City Attorney explained for many years the process wasn't quasi-judicial and if projects met the codes, the local government was required to approve the preliminary plat and final site plan, subsequently the courts decided it should bequasi-judicial to allow the public to come forward to impact the decision-making process, but comply with hearing rules so whatever action the board takes is defensible. Russ Owens, Sebastian, asked how long the project will take from beginning to end. The Zoning Technician said if approved, they must start construction within 18 months and have the ability to ask for an extension for another 18 months. She also said before infrastructure is built, they could bond out at 125% which will allow the city to complete the plat part of the application if the developer started but did not finish. Mr. Owens said that would be three years of heavy duty equipment tearing the roads up and asked who will repair the roads. The City Attorney advised when roads need to be repaired, they will be repaired by the respective agency. Mr. Owens asked what the cost is of each unit. Mayor Gillmor said that is up to what the market will stand. Damien Gilliams, 1623 US Highway 1, commended the City Attorney for the ex-parte communication disclosure process and said five oak trees are to be removed and asked the size of the trees. The City Manager said they vary from 3 to 24 inches. 9 Regular City Council Meeting January 28, 2009 Page Ten Ms. Simchick asked if tree conditions were already set at the October 4, 2007 P&Z meeting. The Zoning Technician responded there was a conditional use permit that the site had to meet criteria and there are conditions for approval listed in the resolution. Mr. Gilliams said Council could still attach conditions and look at what trees are to be removed. Mr. Gilliams asked for the Zoning Technician's educational background for the record. Mayor Gillmor said that was out of order and asked him to move on. Ms. Coy asked for a point of order to enforce the five minute rule. Mayor Gillmor gave him a warning. Mr. Gilliams said this was factual information that should be on the record. Mayor Gillmor asked him to move on again. Mr. Gilliams said the traffic impact affected health and safety, and the City Engineer and County Engineer should be here to answer questions. Bruce Lea, 103 Harbor Pointe Drive, thanked Mr. Vitunac for giving the project history and continued that the same number of people were present at the 2004 meeting to oppose the zoning but Council did not hear them, they than attended the P&Z meeting. He said these were choices made to disregard the will of the people. Mr. Lea said during the a.m. peak hours there were 17 vehicles going eastbound on CR512 between Roseland Road and US1 and also 58 vehicles making a right turn, he asked Mr. Good where the other 41 vehicles were going. He also said neither the July nor October study mention the vehicles backing up east on Wave, backing up on Fleming while parents pick up. He said if the road is narrowed and a left turn lane is in the center, there is no where for the through traffic to go and he suggested requiring the developer to put in the same kind of intersection they have at 58th and 53~d at Waterway Village and again at 57th left turn lanes, right turn lanes, and take 58th back down to two lane street. He also said the planned oleander and pines won't screen the buildings and asked for an eight foot high fence; and noted it could have been approved with a lower density. Mr. Vitunac reminded Council they met the school concurrency requirement, had approved tree surveys, quasi-judicial hearings eliminate ad-hocery, he agreed that everyone has the right to have his plat done the same way so conditions cannot be applied at this hearing, and they requested approval of the plat. The Mayor called for a recess at 9:22 p.m. and reconvened the meeting at 9:31 p.m. All members were present. Ms. Coy asked the City Attorney how we could legally stop building. The City Attorney explained we live in a country where property rights are protected, if an owner believes that he has a better product, he is entitled to make application to build it, and if he meets the requirements, than we permit him to go forward. 10 Regular City Council Meeting January 28, 2009 Page Eleven Ms. Coy noted they will have time limits and if they don't complete the project, we could be back at square one. Ms. Coy asked if we could prevent the developer from making them into apartments down the road. The Zoning Technician explained that if the preliminary plat and final site plan are approved, they could be built into apartments, but without final platting he could not convey them and they would definitely become apartments. In response to Ms. Coy, Mr. Howder said the property across from the school is not owned by the LLC. Ms. Coy asked the developer to consider a right turn lane into the middle school. Ms. Coy asked if the oleander can be swapped out or install aboard-on-board fence. She asked the City Attorney if the density can be reduced at this point and time. The City Attorney said no, Council gave the authority to have up to eight if he could meet the code criteria and he has done so and is entitled to eight. The City Attorney advised Council they could change future PUDs but not this one. Ms. Coy asked what the implications would be if Council asked the developer to reduce the density. The City Attorney said that is beyond their ability tonight as they are in quasi-judicial proceeding to base their decision on the evidence presented. Mr. Vitunac said the turn lane is not required; and the oleanders can be swapped out. Ms. Simchick said a stop sign wasn't even warranted at the turning lane but the City could consider it at a future time. She also said regardless of her personal feelings, she hasn't heard any substantial evidence to change her opinion. She asked what could be done in the future. The City Manager said there are a number of things to modify such as the code, comp plans, and how we approve PUDs. MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to extend the meeting until 10:30 p.m. passed with a voice vote of 5-0. The City Attorney advised Council would need to base any contrary decision on substantial evidence presented tonight. Mr. Hill said this project is not all bad, asked if in 2004 when Council decided that multi- family residential was best suited for that property was that done legislatively. The City Attorney said that was also quasi judicial. Mr. Hill asked when was it legislatively thought this would be best for the property. The Zoning Technician said the 2004 hearing for the revision to the original conceptual plan. Mr. Hill pointed out the road impacts will decrease as opposed to being developed as industrial. He also asked if the plan meets all the criteria of past Councils set up in the land development code. The Zoning Technician replied it did. Mr. Wolff said the citizens received a run around regarding the density and eventually did not get a voice. He displayed the floor plans on the overhead projector stating it is not a quality development it is portrayed to be, retirees are not looking to climb stairs, so as a Council the loopholes need to be removed from the PUDs. 11 Regular City Council Meeting January 28, 2009 Page Twelve He asked about the land deeded back to the PUD noted on circle page 177. The Zoning Technician explained the existing lake was designed for commercial development and will be relocated causing the land to be deeded back to the PUD. Mr. Wolff asked the City Attorney if Council had to approve that condition. The City Attorney replied yes to meet the code. Mr. Wolff then asked Council how they felt that one person (the Growth Management Director) can decide the color scheme for the whole project. The Zoning Technician pointed out that previous Councils requested non-monotonous colors and they tried to follow that. Mr. Wolff said there should be disclosures that a crematorium is near your house or if you are an environmentalist, you are buying a filled in wetland. Mayor Gillmor asked the developer if he had a change of heart regarding the turn lane. Mr. Good said it would not solve the queuing problem of the school as the problem is insufficient storage on the site to provide the capacity for parental drop-off/pick-up. In response to Ms. Coy's request for a wider lane, Ms. Simchick said she was concerned with the pedestrian traffic and asked for a crosswalk. The Zoning Technician pointed out it was included in Exhibit D on the last page. The City Attorney read the title of Resolution No. R-09-03. MOTION by Vice Mayor Hill and SECOND by Ms. Coy to approve Resolution No. R-09-03 approving the preliminary plat for the Pointe at Chesser's Gap with the outlined condition. Result of the roll call: Ayes: 5 Nays: 0 Passed 5-0. 09.029 C. QUASI-JUDICIAL HEARING -Resolution No. R-09-04 Site Plan -The Pointe 175-207 at Chesser's Gap Townhomes (GMD Transmittal R-09-04 Staff Reoort Traffic Analysis, Concurrence Letter. SJRWMD Correspondence P & Z Minutes Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE POINTE AT CHESSER'S GAP TOWNHOMES WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-09-04. 12 Regular City Council Meeting January 28, 2009 Page Thirteen MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to approve Resolution No. R-09-04 approving the site plan for the Pointe at Chesser's Gap with the three conditions. Ms. Coy asked one more time for a right turn lane or assistance with the development. Mr. Good said the land would not meet roadway standards. Mayor Gillmor asked about the buffer issue. The City Manager said that could be considered at site plan review. Mr. Nolan said the oleander could be switched out with something else. Result of the roll call: Ayes: Gillmor, Hill, Coy, Simchick Nays: Wolff Passed 4-1. MOTION BY Ms. Simchick and SECOND by Vice Mayor Hill to suspend the rules and move up item 13A on the agenda passed with a unanimous voice vote. 13. NEW BUSINESS 09.030 A. Little League Use Agreement (City Manager Transmittal, Previous Lease) 209-229 The City Manager requested authority to execute a new agreement, striking the word "lease" and changing it to "use," to model after the football agreement, noting they are asking to place advertising banners along the outfield fences but the City would have the right to review the advertising before it is put up. MOTION by Vice Mayor Hill and SECOND by Ms. Simchick to strike the word "lease" and change it to "use" in the expired agreement and allow the placement of advertising banners. Mr. Wolff said the outfield fences are across from people's homes and would be more appropriate inside the batting cage. Mr. Giordan said the banners would be in fields one and two, facing the Creative Playground. The City Manager said the agreement would state no advertising on fields three and four and only during the season. Voice vote on the motion passed unanimously. Paul Giordan gave his phone number, 581-9055, for people interested in advertising and invited Council to the Opening Day ceremony on February 7 at 10:00 a.m. The Mayor adjourned the regular meeting at 10:29 a.m. 11. UNFINISHED BUSINESS 13 Regular City Council Meeting January 28, 2009 Page Fourteen 12. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.030/09.031 A. ISBA Verbal Update Report Based on 1/28/09 Working Group Meeting 16. CITY CLERK MATTERS -None 17. CI A. B. 09.019 C. D. TY COUNCIL MATTERS Vice Mayor Hill Council Member Coy i. Neighborhood Park Events Update Council Member Simchick Council Member Wolff E. Manor Gillmor 18. ADJOURN Approved at the February 11, 2009 Regular City Meeting. S Ric rd H. Gill or, Mayor Attest: Sally A. Maio, M -City Clerk 14 Submitted by Council Member Coy at 1/28/09 regular City Council meeting. Page 1 ofl No selection made. Notes file://C:\DOCUME~1\rgrohall\LOCALS~1\Temp\L6B7S6BU.htm 1/26/2009 Sally Maio From: Sally Maio Sent: Tuesday, January 27, 2009 2:01 PM To: 'andrea coy ; 'Dale Simchick'; 'Eugene Wolff; Jim Hill; Richard H. Gillmor Cc: Alfred Minner; Robert Ginsburg; Rebecca Grohall; Jan King; Dorri Bosworth; Jeanette Williams; Donna Cyr Subject: FW: Chessers Gap Chrono and 0-87-09 - R-04-29 - 2004 minutes Attachments: CLERK1282_000.pdf; CHESSERS GAP - NOTES.doc {:i4 V~ CLERK1282_000.pd CHESSERS GAP - f (357 KB) NOTES.doc (56 K... Council Members: Yesterday a member of Council asked me to provide a copy of the motion that changed the zoning for Chesser's Gap. After reviewing the Chesser's Gap file, I updated a chrono I had prepared last year and it is attached to this e-mail along with copies of 0-87-09 which approved the zoning and conceptual plan for Chesser's Gap, R-04-29 which amended the conceptual plan for site 5 from industrial to multi-family, and copies of pages from 2004 P & Z and Council minutes relative to amendment of the conceptual plan. The answer was there was no specific motion to change zoning, but R-04-29 by its adoption amended the conceptual PUD for Chesser's Gap from industrial to multi-family. I thought it best to share the information with all of you since this is a quasi proceeding. Sally -----Original Message----- From: Sally Maio Sent: Tuesday, January 27, 2009 10:06 AM To: Sally Maio Subject: ~~, i ~ ^„~ °~ ~d q 1 1 CHESSERS GAP DEVELOPMENT CHRONO -supplement 1/8/86 Petition for voluntary annexation accepted 1/15/86 First reading of Ordinance 0-86-02 annexing Chessers Gap approved 2/19/86 Ordinance 0-86-02 annexing Chessers Gap 57.42 acres adopted 7/16/86 Chessers Gap offered site for police station 8/20/86 First reading of Ordinance amending CLUP to change land use from IRC LD-2 (low density) to City CG -general commercial -passed 11/19/86 Ordinance 0-86-20 amending CLUP to change land use from IRC LD-2 (low density) to City CG -general commercial -adopted 12/17/86 more discussion of 2 acre tract for police station 1/8/87 P & Z public hearing on Chesser Gap rezoning from IRC agricultural to commercial PUD 2/4/87 Mayor requested attorney to draft ordinance for rezoning of Chessers Gap for first reading on 2/11/87 2/25/87 Ordinance 0-87-09 change zoning from IRC LD-2 to PUD-C (commercial planned unit development) and adopt a conceptual plan -adopted 11/18/87 Motion approved to extend time for filing of preliminary development plan for Chessers Gap from 8/25/88 to 18 months after City adoption of revised thoroughfare plan 12/16/87 Discussion of grandfathered trailers at Chessers Gap 1/25/89 Council adopts CR512 and Thoroughfare Plan by R-88-77 8/6/89 Discussion of site at Chessers Gap for PD - Stottler Stagg reviewing site 2/14/90 Consider dedication of property at Chessers Gap for police station - R-90-10 authorizing execution of dedication 3/14/90 Report by City Manager that dedication agreement not yet returned by developer 4/25/90 Discussion -costs involved in locating police station at Chessers Gap 7/23/90 Preliminary Development Plan for Chessers Gap submitted 10/9/90 P & Z -Chessers Gap question and answer workshop 10/24/90 Report on Chessers Gap Preliminary Planned Unit Development -postponed to 11/7/90 workshop -Report on Chesser's Gap Water Service -City Attorney to draft resolutions to amend GDU and IRC franchises - no time certain 11/7/90 Workshop -Attorney to draft resolution for 11/14/90 to exclude Chessers Gap water service from IRC franchise and include in GDU franchise - include P & Z recommendation and waiver of subdivision requirement for sidewalks and bike paths Attorney directed to draft resolution for adoption of Chessers Gap PUD -include recommendations from P & Z -authorize developer to provide bikepath and sidewalk on west side of Fleming 11/14/90 Resolution No. R-90-46 approving preliminary development plan for Chessers Gap PUD -adopted 11/28/90 First readings of Ordinance No. 0-90-16 (include Chesser's Gap in GDU franchise) and Resolution No. R-90-51 (exclude Chesser's Gap from IRC franchise) accepted as amended by Attorney - 12/12/90 ORDINANCE NO. 0-90-16 -Amending GDU Water Franchise to Include Chesser's Gap -RESOLUTION NO. R-90-51 -Amending IRC Water Franchise to Exclude Chesser's Gap -adopted 1/2/91 Chesser's Gap Sand Mining Permit -Direct Attorney to Draft Resolution and Set Public Hearing on 1/23/91 1/23/91 Resolution No. R-91-02 Special Use Permit for sand mining at Chessers Gap - public hearing -resolution adopted 11/26/91 Developer requests conceptual site plan for Food Lion 3/11/92 RESOLUTION NO. R-92-14 -Chessers Gap Final Plat (Chessers Gap Mall - shopping center) for 15.02 acres -plat dated 6/19/91 -adopted 10/6/92 Council directed staff to finalize negotiations with developer to obtain additional right-of-way for Wave Street 10/28/92 Resolution R-92-42 City accepting Fleming Street row and improvements - approved and recorded 9/17/97 Chessers Gap - Bayrock Development Exxon gas station preliminary development plan and site plan approval dated 8/26/97 - R-97-54 adopted 3/25/98 Exxon Gas Station at Chesser's Gap -Revised Landscape Plan -approved 1/27/99 Resolution No. R-99-04 -Major Modification to Site Plan for Exxon Gas Station in Chesser's Gap PUD to Add Drive Through Car Wash -tabled to special meeting 2/17/99 Resolution No. R-99-04 -Major Modification to Site Plan for Exxon Gas Station in Chesser's Gap PUD to Add Drive Through Car Wash -adopted 6/14/00 Resolution No. R-00-32 -Site Plan and Preliminary Plat Approval for Charter School in Chessers Gap PUDIC) -agenda -adopted 2 7/28/04 Quasi-Judicial Public Hearing Resolution No. R-04-29 modification of Chessers Gap conceptual development plan from industrial to multi-family residential for Chesser's Gap PUD (site 5) - approved 04.176 B. Quasi-Judicial Public Hearing Resolution No. R-04-29 Modification of Conceptual Development Plan for Chesser's Gap PUD (GMD Transmittal 7/20/04, R-04-29, Plan, Map, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the ordinance by title, and Mayor McCollum opened the hearing at 7:38 p.m., there was no ex-parte communication to be reported, and the City Clerk swore in all those who offered to give factual testimony. Joseph Schulke, Schulke, Bittle & Stoddard, LLC, representing the applicant Sebastian General Partnership, presented the proposal for modification of the Chessers Gap conceptual development plan to City Council from industrial to multi-family residential. The Growth Management Director presented staff recommendation and noted the development plan will come back before City Council. He then responded to questions from Council. Ms. Monier strongly recommended that the workforce affordable housing be considered. Louise Kautenberg, said affordable workforce housing is badly needed in Sebastian. Bruce Lee was sworn, noted objections raised during the Planning and Zoning Commission, expressed concern about density issues and appealed for lower density. Andrea Coy questioned the data used to determine need, objected to the modification until there is a revised comprehensive land use plan and a full plan for the property are in place. At the request of the City Manager, the Growth Management Director verified that there is a state mandate to provide for affordable housing and the City is still deficient and could be found to be inconsistent with its comprehensive land use plan. The Growth Management also noted the City is only required to update its comprehensive land use plan every ten years, however the City is revising it sooner to bring it up to standards. The Growth Management Director said staff was recommending the modification to the conceptual development plan tonight based on comprehensive development plan requirements and zoning consistency, wherein multi-family 3 zoning is more compatible with adjacent single-family zoning than is industrial zoning. The City Attorney recommended an author's amendment to Section 1, as follows: "with the January 2004 narrative update and a plan bearing a date with engineer's certificate of July 20, 2004 prepared by Shulke, Bittle and Stoddard". The City Attorney noted no one was denied input on the density merely advised that there will be a full hearing on density at a later date. Ms. Monier said there is a conceptual plan in place before Council, and said she hoped the public does come when the preliminary plan comes before Council. The City Attorney said density will be discussed during preliminary development plan consideration. Mayor McCollum responded to resident concerns, and expressed his concern if this was to remain industrial, and his concurrence with the need for multi-family. Mr. Barczyk said the name should be "homes for working families" rather than affordable housing; said quality of life means different things to different people, and there is a need for multi-family in Sebastian. Mr. Coniglio said Council appreciates the manner in which Council protects them with good information. Mr. Heptinstall said he feels there is not enough done to enlighten citizens about the policies and procedures needed to conduct the business of the City; said Council is not trying to ignore anyone but there are legalities they must abide by. He invited residents to contact individual council members with questions. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-04- 29 was adopted as amended (by the City Attorney) by a roll call vote of 5-0. 5/9/07 Quasi-Judicial Hearing Resolution No. R-07-18 -Site Approval for Sherwin Williams Paint Store in Chesser's Gap PUD with the conditions and the addition of the sign requiring large pickups to occur at the rear -adopted 9/24/08 Resolution R-08-21 -Final Plat for Chesser's Gap Subdivision Phase II - adopted 4 .~.~a4~iaacY L~l)n~l l~G LlJ ll 113y Comm. P. U. D. ,~ ~ ~~ 0 ' DOC. S7. -AMT. E ~ ~ 4 9 6 8 91 F'REDA WRIGH7, Clerk -0t CirCUi! Goat - p Irauiian River Camry - by ~~~~ ORDINANCE NO. O~0 7'O / a~ ~~C.. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE CITY BY REZONING APPROXIMATELY ~$.~9 ACRES OF LAND LOCATED SOUTH OF COUNTY ROAD 512, SOUTH O INTER ECTION OF SAID COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY NO ONE, FROM INDIAN RIVER COUNTY LOW DENSITY (LD-2) TO PUD (C), COMMERCIAL PLANNED UNIT DEVELOPMENTi; IMPOSING RESTRICTIONS; ADOPTING A CONCEPTUAL DEVELOPMENT PLAN; PROVIDING AN EFFECTIVE D - -_,_..___. WHEREAS, the City Council has adopted a (PUD)(C) Commercial Planned Unit Development as an intergral part of the City's Zoning J/~ ~/' Ordinance, and, ~, WHEREAS, the Applicant, Sebastian General Partnership, B.F.T., a Florida General Partnership, has submitted a conceptual development plan and other material in accordance with the requirements of the Planned Unit Development Ordinance; and, ~(' WHEREAS, the Staff and the Planning and Zoning Commission have reviewed the the conceptual development Plan, has held a public hearing thereon, and has recommended approval of the plan; and N WHEREAS, the City Council has reviewed the Plan and has held a public hearing thereon, and WHEREAS, the Council has found and determined that the Plan O meets the requirements of the Zoning Code subject to stipulations, and has determined that the plan with the stipulations is in the best interest of the City and should be and hereby is approved; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ` ~g7 VO OF SEBASTIAN, FLORIDA, AS FOLLOWS: 4- o SECTION I T ~-f' That the following described Real Property is hereby r ezoned V ' ' 1 from Indian River County Low Density (LD-2) to PUDIC) Commer cial 0 ~' Planned Unit Development: "A parcel of land in the N.E. ; OF Section 13, Township 31 Southm Range 38 East, known as ' Chesser;s Gap, described as follows: That Part of the N.W. ~ of the NE a of Section 13, Township 31 South, Range 38 East, Lying South of Fellsmere Road, AND ALSO the West '~ of the NE % of the NE ; of Sec. 13, Township 31 S, Range 38 East. All of the ab ove land now lying in the City of Sebastian, Indian River County, Florida." _ - _ Gp C.. _ . c-•T- S ~ La ~~O ' (~ C : r _~jl ~ .-. ~ V 00 N O C'i ,Nw W i~ [ ~ ~ i SECTION II The Conceptual Development Plan as submitted is hereby adopted and approved and shall be carried out in every manner consistent with the requirements of all regulations and ordinances of the City of Sebastian and shall be subject to all of the following conditions and restrictions: 1. DENSITY. The density shall conform to the Comprehensive Plan and shall not exceed the proposed conceptual plan density with the specific number of units being determined only after approval of the Preliminary Development Plan by the City of Sebastian. The City does not hereby frant a vesting in the number of specific units proposed until appropriate planning, engineering, traffic, and en- vironmental studies are submitted to the City pursuant to the City's Codes and standards. The City reserves the right and power to de- crease such density based on detailed site plan considerations of the zoning code and comprehensive land use plan in effect at the time the said preliminary development plan is submitted for approval. 2. Transportation Improvements. The applicant shall provide the City with legal assurance approved by the City Attorney that the promised improvements to the Fleming Street Thoroughfare extension shall be incorporated in the Development Plan and that all such right- of-way required shall be duly deeded to the City. Also, subject to approval of Indian River County, the improvements at the intersection of Fleming Street and County Road 512 (Fellsmere Road), including traffic control devices and deceleration lanes and other improvements shall be provided by the applicant, its successors or assigns. 3. Land Development Code. The Applicant shall abide by all of the applicable provisions of the City's Land Development Code, including Sections 20A-4.6, and 20A-4.9 through 4.19, inclusive. 4. Binding assurances. The applicant shall submit appropriate assurances that the applicant's successors or assigns, if any, shall ~ N comply with all provisions governing approval of the planned unit p development. Such assurances shall be submitted to the City attorney ii as specified in Section 20A-4.9(D) (1), (2), and (3), Land DEvelopment ~' N CD Code (at page 242 and 243). n O -2- O ~ r ~ 5. Development Schedule. A development schedule indicating the approximate starting and completion dates has been submitted to the City as part of the conceptual development plan. If subsequent changes in the schedule are proposed in the future, such changes shall be submitted to the City in an expeditious manner to assure effective communication concerning any potential problems or issues acsociated with the development. All public facilities shall be staged to service in a timely manner the needs of the phased develop- ment schedule. 6. Drainage. The entire site shall be designed to retain on site stormwater run-off from a twenty-five (25) year, twenty-four (24) hour storm. All lakes placed on the site shall be at least as permeable as the average grassey open area. 7. Water and Sewer utilities. It is understood that if either water and/or sewer service is to be provided from off-site facilities of a utility supplier, such service shall require prior approval of Indian River County pursuant to the Indian River County Water and Sewer Franchises granted by the City to the County, and to the inter- local agreement concurrent therewith. The City of Sebastian shall assist in that regard to solve such problems due to the environmental considerations associated therewith. Such assistance shall be limited to mutual cooperation with the applicant and Indian River County. CF(`TT/~T7 TTT This Ordinance shall take effect immediately upon final passage by the City Council. ********** I HEREBY CERTIFY that this Ordinance was passed by Final Reading hereon after Public Hearing by the City Council of the City of Sebastian, Florida, on the o7Jl day of February, 1987. ~ -- - 00 CV - ~ CITY OF S IAN, FLORIDA ~ -- ~ ~ ATg'EST:~ g LIA ~ ~ Kath ine Benja n, City ne Harris, l7yor ~ Clerk N I-HEREBY CERTIFY that Notice of Public Hearing on this Ordinance 1`- was given in accordance with Section 166.041, F.S, and with Sec. 20A- ~ 11.4 of the Land Development Code; that a public hearing was held a*_ ~ City Hall at 7:00 p.m., and this Ordinance was duly passed following the Public Hearing on the ~`~_day of February, 1987. ~ `- Q~ali„: i ,,,, _ APPROVED TO FORM AND LEGAh, I~-erzn Benjamin, ity Clerk SUFFICIENCY: ~`uyr.r^, //~,,.f-'' Thos. C. Palmer City Attorney PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 4, 2004 °l make a motion we renew the model home on 1290 Barber Street for one more year." ROLL CALL: Mr. Faille yes Mr. Allocco yes Chmn Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. Keough (a) yes The vote was 6-Q. Motion carried. As the representative for Mr. and Mrs. Welsh had not arrived this item was moved down on the agenda. B. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL - REVISION TO CONCEPTUAL DEVELOPMENT PLAN PUD (C} - CHESSAR'S GAP -SEBASTIAN GENERAL PARTNERSHIP - FLEMING ST & CR 592 Chmn Smith opened the public hearing at 7:04 p.m. Mr. Joseph Schulke, Schulke, Bittle and Stoddard, 1140 7~' Court, Vero Beach, Florida presented the application. He gave a brief history of the property and the original PUD approval. The proposal is to change approximately 14.5 acres on the east boundary from light industrial use to residentia[ use up to eight units per acre. Mr. Hass added that this would be a better transition from the existing residential to the commerciallindustrial on CR 512. This is not a zoning change and does not involve an actual density establishment at this time but by designating this section of the property for residential the applicant will have the ability to request up to eight~units per acre when they design a plan. Mr. Mahoney asked direction from Mr. Stringer on where the commission's questions can go regarding this project. Mr. Stringer responded that the question before the commission is should the site be a residential use or industrial use. The "how much" residential comes in later at a future hearing. Mr. Allocco asked staff if this could be reversed back to industrial if changed to residential now and Mr. Hass said the applicant would have the ability to file for any other request. The following people spoke: Jeanne Jessup, 115 Harbor Point Drive expressed confusion as she thought this meeting would be the one to determine the zone change and density issue. She asked for a clarification from Mr. Stringer. He responded that it specifically provides in the PUD-C the use of eight units per acre is not a matter of right but will be determined during the preliminary development plan approval, which is the second step in the PUD process. Richard Gwinn, 102 Barbara Court, expressed concerns about growth and believed #hat multi-family use was not appropriate. Ray Grimaldi, 114 Harbor Point Drive, stated his displeasure with 16-year-old data used with this application. Mr. Stringer explained that the data used was the original data when this property was developed into the PUD. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 4, 2004 Maureen A. Mathewson, 108 Harbor Point Drive, said she loves Sebastian and is concerned about the density that could go on the 14 acres. Bruce Lee, 103 Harbor Point Drive, asked about the 100-foot easement on the east side and what will happen to it when this property is developed. Mr. Hass responded that the 100-foot buffer is for adjacent industrial or commercial uses. If adjacent residential there is not a requirement far the 100 foot buffer on structures. He added that the storm-water tract Mr. Lee is referring to is part of Harbor Point and is off this property. Kathy Madsen, 115 Harbor Point Drive, said she received different information from the office staff than what is being presented here. Mr. Schulke offered a rebuttal. The 1987 approved plan shows a 100-foot buffer around the perimeter and that is no# changing. The storm-water pond is part of the master storm-water system for the entire PUD. Mr. Hass clarified the permitted light industrial uses in the PUD-C and explained how much more intrusive they would be than multi- family housing. Mr. Schulke continued by apologizing if he offended anyone and explained why he and his client felt a residentia! use was more appropriate for this property. Ms. Jessup said that it was not the residential use that she was apposed to but the density of multi-family housing. Mr. Gwinn asked if there are preliminary plans for development in the works right now and Mr. Schulke said he had not been retained to do anything along those lines. Sharon Norris, 106 Harbor Point Drive, felt that 116 units is high density. Mr. Allocco felt adjacent properties should be looked at when approving commercial PUD's. Mr. Hass said the properties adjacent to this PUD are RS-10 Zone. Churn Smith expressed his concerns about having light industry on this property and offered his apology to Mr. Schulke who has always been professional when addressing this commission. Commissioners Mahoney, Seeley and Keough all agreed that a residential use would be more appropriate than a light industrial use. Churn. Smith closed the public hearing at 7:56 p.m. MOTION by Keough/Seeley "I make a motion to recommend [to city council] the revision to conceptual development plan PUD-C Chessar's Gap." ROLL CALL: Mr. Seeley yes Mr. Mahoney yes Mr. Faille yes Mr. Keough (a} yes Churn Smith yes Mr. Allocco yes The vote was 6-0. Motion carried. 3 Regular City Council Meeting July 28, 2004 Page Five 04.166 B. Parks ~ Recreation Advisory Committee 117-i28 Interview Unless Waived and Submit Nominations for Unexpired Zone B Position (City Clerk Transmittal 7/12/04, Code, Applications. Ad, List) Mr. Barczyk nominated Elizabeth Gray (Zone B) and since there were no other nominations, Ms. Gray was automatically appointed to the position. Fill At-Large Position The City Council interviewed Michelle Merlin. It was noted that she would have to resign her Tree Board position if appointed. No other applicants were present. Mr. Barczyk nominated Michelle Merlin for the altemate position, and since there were no other nominations, Ms. Merline was automatically appointed. Mr. Barczyk asked if applicant MaryAnn Krueger could fill the vacant position on the Tree Board, however, the City Clerk advised that the Code allows Council to automatically fill an alternate position an the same board if an alternate is moved up, but all other vacant positions have to be advertised. 9. 04.161 129-134 PUBLIC HEARING A. Adoption Reading of Ordinance No. 0-04-15 Amendment to Chanter 102. ArtiGe V, Sebastian Stormwater Utilit~lEngineering Transmittal 6115/04. 0-04-15) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102, ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILiTY, AND EFFECTIVE DATE. 04.176 135-160 The City Attorney read the ordinance by title, and Mayor McCollum opened the public hearing at 7:37 p.m. There was no public input. On MOT10N by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. 0-04-15 was adopted by a roll call vote of 5-0. B. Quasi-Judicial Public Hearing Resolution No. R-04-29 Modification of Conceptual Development Plan for Chesser's Gap PUD (GMD Transmittal 7/20/04. R-04-29. Plan. Map, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOW N AS CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 5 Regular City Council Meeting July 28, 2004 Page Six s~9~'~ ~,i r~ The City Attomey read the or~iq-dl'ice by title, and Mayor McCollum opened the hearing at 7:38 p.m., there was no ex-parte communication to be reported, and the City Clerk swore in all those who offered to give factual testimony. Joseph Schulke, Schulke, Bittle 8 Stoddard, LLC, representing the applicant Sebastian General Partnership, presented the proposal for modification of the Chessers Gap conceptual development plan to City Council from industrial to multi-family residential. The Growth Management Director presented staff recommendation and noted the development plan will come back before City Council. He then responded to questions from Council. Ms. Monier strongly recommended that the workforce affordable housing be considered. Louise Kautenberg, said affordable workforce housing is badly needed in Sebastian. Bruce Lee was sworn, noted objections raised during the Planning and Zoning Commission, expressed concern about density issues and appealed for lower density. Andrea Coy questioned the data used to determine need, objected to the modification until there is a revised comprehensive land use plan and a full plan for the property are in place. At the request of the City Manager, the Growth Management Director verified that there is a state mandate to provide for affordable housing and the City is still deficient and could be found to be inconsistent with its comprehensive land use plan. The Growth Management also noted the City is only required to update its comprehensive land use plan every ten years, however the City is revising it sooner to bring it up to standards TAPE ! -SIDE !! (8:02 p.m.) The Growth Management Director said staff was recommending the modification to the conceptual development plan tonight based on comprehensive development plan requirements and zoning consistency, wherein multi-family zoning is more compatible with adjacent single- family zoning than is industrial zoning. The City Attomey recommended an author's amendment to Section 1, as follows: "with the January 2004 narrative update and a plan bearing a date with engineer's certificate of July 20, 2004 prepared by Shulke, Bittle and Stoddard". The City Attorney noted no one was denied input on the density merely advised that there will be a full hearing on density at a later date. Ms. Monier said there is a conceptual plan in place before Council, and said she hoped the public does come when the preliminary plan comes before Council. The City Attomey said density will be discussed during preliminary development plan consideration. 6 Regular City Council Meeting July 28, 2004 Page Seven Mayor McCollum responded to resident concerns, and expressed his concern if this was to remain industrial, and his concurrence with the need for multi-family. Mr. Barczyk said the name should be "homes for working families" rather than affordable housing; said quality of life means different things to different people, and there is a need for multi-family in Sebastian. Mr. Coniglio said Council appreciates the manner in which CS x~il protects them with good information. Mr. Heptinstall said he feels there is not enough done to enlighten citizens about the policies and procedures needed to conduct the business of the City; said Council is not trying to ignore anyone but there are legalities they must abide by. He invited residents to contact individual councilmembers with questions. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-04-29 was adopted as amended (by fhe City Aftomey) by a roll call vote of 5-0. Mayor McCollum called recess at 8:18 p.m. and reconvened the meeting at 8:28 p.m. All members were present. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Jtem That has occurred or was discovered within the previous six months which is not otherwise on the agenda -sign-up required - Jimit of flue minutes for each speaker Damian Gilliams said revenue is increasing in the new tax year and hoped that the Council will carefully review the proposed line items with an eye to going to rolled-back rate. Mayor McCollum said the budget workshop will take place on August 17'x'. 11. OLD BUSINESS 04.115 A. Direction Regarding Keeo Indian River Beautiful's Request for Saace (Gifu 161-162 Manager Transmittal 7/22104, Letter The City Manager gave a brief background on the request from Keep Indian River Beautiful and requested further Council direction be offered to staff. He said that Cheryl Cummins and Carolyn Corum from Keep Indian River Beautiful were present to address Council. The City Attorney requested clear direction as to whether Council wants the recovery center located at the City complex or does it simply want to offer administrative offices. He said the recovery center would best be located in the back building, administrative offices would be best located in the old City Hall building with conditions decided by the location. 7 RESOLUTION NO. R-04-29 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENI]IDtG THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNE4~JNiT DE~LOP I~1OWN AS CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Sebastian General Partnership has filed an application for modification of a conceptual development plan for a Planned Unit Development known as Chesser's Gap; and WHEREAS, said conceptual development plan was originally approved by resolution of City Council and, accordingly, would be amended by the same measure; and WHEREAS, said modifications comply with applicable State and City codes and regulations, including the Comprehensive Growth Management Plan; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the amended conceptual development plan for Chesser's Gap in accordance with the January 2004 narrative update and a plan bearing a dated Engineer's Certificate of July 20, 2004, prepared by Schulke, Bittle & Stoddard, LLC, as maintained on file with the City Growth Management Department. Section 2. are hereby repealed. Section 3. upon its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember Coniglio . The motion was seconded by Councilmember Monier and, upon being put into a vote, the vote was as follows: Mayor Nathan B. McCollum aye Vice-Mayor Joe Barczyk _aye Councilmember Ray Coniglio ____aye Councihnember Lisanne Monier _aye Councilmember Michael Heptinstall _aye The Mayor thereupon declared this Resolution duly passed and adopted this 28~' day of July, 2004. ATTEST: ~~. Sally A. aio, CMC City Clerk CITY OF SEBASTI FLORIDA By: Mayor Nathan B. McCollum Approved as to form and legality for relic a by he City of Sebastian only: `~ Rich Stringer, Ci Atto'