Planning and Zoning Board AGENDA. March 8, :30 P.M.

Transcription

1 MAYOR Hal J. Rose DEPUTY MAYOR Barbara A. Smith COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick John Coach Tice Andrea Young CITY HALL 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) Planning and Zoning Board AGENDA March 8, :30 P.M. City Council Chambers Notice to Visitors: All persons who desire to speak on any public hearing item must fill out an Oath Card, sign the card, and submit to one of the City Planners. Speakers will be heard in the order received by the Chairman. The applicant may make a brief rebuttal if necessary. Anyone who speaks is considered a witness. If you have photographs, sketches, or other documents, you must provide 9 copies to one of the City Planners for distribution to the board members. These items will be retained by the Board members, City Attorney and City Staff. Purpose: The purpose of the Planning and Zoning Board is to provide recommendations to City Council about all matters that are development applications or staff initiatives relating to the City s comprehensive plan, known as the Horizon 2030 Comprehensive Plan and the City s Land Development Regulations found in Subpart B of the Municipal Code of Ordinances. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. MINUTES Planning and Zoning Board Meeting of February 9, ACTION Not public hearing(s) Eastwood Two Final Plat (FP ) The applicant is requesting approval of Eastwood Two for a 56 single-family lot subdivision. The preliminary plat was approved in 2005 and construction of the subdivision improvements started and then stalled due to market conditions. The original developer sold the property and the new developer, Holiday Builders, has finished subdivision and has submitted the final plat. The Planning and Zoning Board will provide their recommendation on whether the final subdivision drawing meets minimum code requirements. Applicant: Location: 6. PLANNING DIRECTOR REPORTS 7. ADJOURN Holiday Builders East end of Heritage Oaks Boulevard (next to the Eastwood One at Heritage Oaks and Saddlebrooke subdivisions) All persons wishing to be heard or to have their opinion known should appear in person at these hearings or send written comments to City staff. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with American with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City s ADA coordinator at at least 48 hours in advance of this meeting.

2 MAYOR Hal J. Rose DEPUTY MAYOR Barbara A. Smith COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick John Coach Tice Andrea Young CITY HALL 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) Planning and Zoning Board MINUTES February 9, :30 P.M. City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Present were: Chairman Jim Liesenfelt Vice Chairman Chris Jaudon Board Member Jennifer Spagnoli Board Member Fritz Kawohl Board Member Paul Bernkopf Board Member Mark Vorce Board Member Rob Brothers Also present were Council Member Young and Tice, City Attorney Morris Richardson, Planning Director Christy Fischer and Planner Denise Curry. 3. MINUTES Planning and Zoning Board Meeting of January 12, 2016 Moved by Vice Chairman Jaudon, seconded by Board Member Vorce to accept the minutes as written. Motion passed PUBLIC HEARINGS Advisory Items a. Large Scale Comprehensive Plan Map Amendment Palm Gardens (LSA Transmittal) The applicant has requested a comprehensive plan map amendment to change the land use designation on the property from Brevard County NC (Neighborhood Commercial) and RES- 4 (Residential up to 4 dwelling units/acre) to the City of West Melbourne MD-RES (Medium Density Residential). Applicant: Location: Palm Gardens Corp. Inc. (Construction Engineering Group, Jake Wise, PE agent for applicant) 2630 & 2670 Minton Road

3 Planning and Zoning Board Meeting February 9, 2016 Page 2 The proposed Large Scale Amendment to the City s Future Land Use Map will be acted upon by City Council with a recommendation from the Planning and Zoning Board. Planner Curry presented the staff reports for the large scale comprehensive plan amendment and the rezoning and advised that two separate motions were needed. She gave an update on the Town Center process in relation to the subject property and the improvements scheduled for Minton Road. She talked about how the property had access to both Minton Road and Milwaukee Avenue and backs up to houses that are in the incorporated area of Brevard County. She reported that the developer s approached the City in December about his development plans for the golf course and staff suggested a developer s agreement to hold the developer accountable to a higher standard than just meeting the minimum building and zoning codes. She presented analysis to show consistency of the comprehensive plan amendment and the rezoning with the City s comprehensive plan and land development regulations. She advised that the items would be heard by City Council on February 16,, 2016 and concluded with the recommended motions: 1. Item 5a - Recommend to City Council to adopt the large scale comprehensive plan map amendment to provide the MD-RES (Low Density Residential) future land use on the subject property. 2. Item 5b - Recommend to City Council approval of the rezoning request to change the zoning from Brevard County AU and RU-1-9 to West Melbourne R-2 with the condition that the comprehensive plan amendment and Development Agreement is approved. Mr. Jake Wise, P.E. spoke on behalf of the applicant Coy Clark. He talked about the proposed project and that annexation, large scale map amendment, rezoning and development agreement were needed to develop the property with a mixture of single-family detached residences and townhomes. He stated that the number of townhomes has been decreased from 23 to 19 and is a good transitional use between commercial and single-family. He explained that the developer is providing 10 feet next to their frontage on Milwaukee for the future construction of a sidewalk and right turn lane; and a traffic study. He spoke about the neighborhood meeting that was held the prior week with about 20 or 30 of the neighboring residents. Chairman Liesenfelt opened the public hearing and asked for any comments from the audience. The following persons spoke about their concerns which included cut through traffic and traffic on Minton; possible flooding to homes on La Veta Drive; whether there would be an option for surrounding properties to hook up to water; and the clearing of trees: Mary Palmer 3125 Milwaukee Avenue, West Melbourne FL Maria L. Barry 724 La Veta Drive, West Melbourne FL Leslie Fish 3095 Milwaukee Avenue, West Melbourne FL Wanda Kelly 710 La Veta Drive, West Melbourne FL Phillip Crane 740 La Veta Drive, West Melbourne FL Mr. Peter Morton 2078 Meadowlane Avenue, West Melbourne FL stated that he is the real estate agent representing the owners of the golf course and advised that the golf course is closing in April and he believed that the proposed use is the least intrusive use in comparison to what could have been proposed. Chairman Liesenfelt asked for any additional comments from the audience. Seeing none, he closed the public hearing.

4 Planning and Zoning Board Meeting February 9, 2016 Page 3 Discussion included: The stormwater treatment ponds and drainage Mr. Wise explained how the stormwater treatment system would work. Fencing Mr. Wise explained the perimeter fencing proposed. The view along Minton Road there was much discussion about the appearance of the townhomes proposed to front Minton Road. Shingle styles for the structures. The existing water and sewer location and how it would be extended to the proposed development. Tree removal only on the golf course property and there is at least a 20 feet green area in between homes that are at least 45 feet away. Surrounding future land uses, the amount of commercial property, the process of a town center and the impact is lower by going with an R-2 zoning. Moved by Board Member Vorce, seconded by Board Member Brothers to recommend to City Council to adopt the large scale comprehensive plan map amendment to provide the MD- RES (Medium Density Residential) future land use on the subject property. Motion passed 7-0. b. REZONING PALM GARDENS (REZ ) The applicant has requested a rezoning from Brevard County AU (Agricultural Use) and RU- 1-9 (Residential Use) to City of West Melbourne R-2 (One-, Two- and Multi-Family Dwelling) for the property which is consistent with the future land use designation of MD-RES (Medium Density Residential). Applicant: Location: Palm Gardens Corp. Inc. (Construction Engineering Group, Jake Wise, PE agent for applicant) 2630 & 2670 Minton Road The proposed rezoning will be acted upon by City Council with a recommendation from the Planning and Zoning Board. Moved by Board Member Vorce, seconded by Board Member Bernkopf to recommend to City Council approval of the rezoning request to change the zoning from Brevard County AU and RU-1-9 to West Melbourne R-2 with the condition that the comprehensive plan amendment and Development Agreement is approved. Motion passed 7-0. c. DEVELOPMENT AGREEMENT PALM GARDENS (DA ) The applicant has requested a development agreement to commit to cap the density, establish architectural standards; yard requirements; buffering along the western property line and the north property line which adjoins existing homes along Milwaukee Avenue; preservation of existing native vegetation; provide a traffic study and dedicate land for a future sidewalk on Milwaukee Avenue; and a future agreement for concurrency/impact fee credits. Applicant: Location: Palm Gardens Corp. Inc. (Construction Engineering Group, Jake Wise, PE agent for applicant) 2630 & 2670 Minton Road Planning Director Fischer presented the staff report. She talked about the process and that it limited the density to 100 units. She went over the individual items covered in the development agreement. She spoke about the traffic study and how it will be reviewed. She

5 Planning and Zoning Board Meeting February 9, 2016 Page 4 advised the board that they could add conditions as they see fit or talk about any of the specific items that were included. Mr. Jake Wise spoke regarding the agreement and that they plan to follow through with the two edits that were previously discussed (removing the roof shingle reference and the fence along the frontage of Minton Road). He also talked about the setbacks, platting, buffering, traffic study, architecture and fence tracts that will be created to clearly designate the homeowners association to maintain the fences that would be put in those tracts and the multi-agency review process. Chairman Liesenfelt opened the public hearing and asked for any comments from the audience. The following persons spoke about their concerns which included possible connections to city water, fence maintenance, existing vegetation and stormwater runoff. Wanda Kelly 710 La Veta Drive, West Melbourne FL Phillip Crane 740 La Veta Drive, West Melbourne FL Discussion included: Design for future community core and the curb appeal of this project on Minton Road Mr. Wise suggested to shift the townhomes further to the west to be compatible with the design of Wesley Groves. Chairman Liesenfelt closed the public hearing. Moved by Vice Chairman Jaudon, seconded by Board Member Bernkopf to recommend approval of the development agreement with the following 4 recommendations: Motion passed ACTION Not public hearings 1. No reference to shingles 2. No fence on Minton 3. Consistent language in section (F) and (G) 4. Design appeal on the frontage of Minton Road Sawgrass Lakes Phases 2a and 2b Final Plat (FP ) The applicant is requesting approval of part of its second phase in Sawgrass Lakes, Phase 2a with 34 lots, and Phase 2b with 78 lots. In 2013, Sawgrass Lakes received overall preliminary plat approval of its 933 lots. The developer, DR Horton, has been developing sub-phases of its single-family lots since 2013 and this is its second final plat. The Planning and Zoning Board recommendation on whether the final subdivision drawing meets minimum code requirements is provided to the City Council. Applicant: Location: DR Horton (developer and builder of the subdivision and individual houses) West side of Minton Road and north of newly constructed Norfolk Parkway Planning Director Fisher presented the staff report. She gave a history and specifics of the plats. She stated that they have been engineered and constructed to city standards. She

6 Planning and Zoning Board Meeting February 9, 2016 Page 5 spoke about the process and presented the map of the lots. She presented analysis to show consistency with the land development regulations and the status of the city reviews. She concluded with the recommendation to recommend approval of Sawgrass Lakes Phases 2a and 2b final plats based on the analysis in the staff report with the following conditions: 1. As-built drawing approvals, infrastructure inspection finalization and acceptance by the City of all public improvements. 2. Approval of improvements by SJRWMD, FDEP, and MTWCD. 3. Approval and acceptance of the Bill of sale for improvements by City Council. 4. Approval and acceptance of the Performance Bonds for improvements. 5. Approval and acceptance of the Maintenance Bonds for improvements by City Council. Moved by Vice Chairman Jaudon, seconded by Board Member Brother to recommend approval of Sawgrass Lakes Phases 2a and 2b final plats based on the analysis in the staff report with the following conditions: 1. As-built drawing approvals, infrastructure inspection finalization and acceptance by the City of all public improvements. 2. Approval of improvements by SJRWMD, FDEP, and MTWCD. 3. Approval and acceptance of the Bill of sale for improvements by City Council. 4. Approval and acceptance of the Performance Bonds for improvements. 5. Approval and acceptance of the Maintenance Bonds for improvements by City Council. Motion passed PLANNING DIRECTOR REPORTS Planning Director Fisher advised the board that there would be a meeting in March. 7. ADJOURN Chairman Liesenfelt adjourned the meeting at 8:50 p.m. Chairman Liesenfelt Denise Curry, Planner

7 MAYOR Hal J. Rose DEPUTY MAYOR Barbara A. Smith COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Andrea Young John Coach Tice Planning & Economic Development Dept. Christy Fischer, Planning Director City Hall 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) PLANNING & ZONING BOARD AGENDA ITEM PREPARED BY: Christy Fischer, Planning Director MEETING DATE: February 9, 2016 SUBJECT: Final Plat - Eastwood Two (FP ) Background Information Property Owner: Location: Size: Holiday Builders, Inc. East of Eastwood One at Heritage Oaks and north of Saddlebrooke /- acres Residential Lots: 56 History & Process Eastwood Two (a residential subdivision) is the second part of the Heritage Oaks subdivision known as Eastwood. There are four subdivisions that comprise Heritage Oaks, and these are Eastwood, Preserve, Brookshire and Woodfield, all of which are gated and contain private roads. Eastwood One has already been built with houses and infrastructure. Eastwood Two is still under construction. Eastwood Two received its overall preliminary plat approval in 2005 and if a subdivision remains consistent with the preliminary plat, and has constructed all of its legally required improvements for access, utilities and stormwater management, then final plat is a formality approved by City Council to allow the lots to be recorded for sale to residential property owners. The developer/builder is constructing some of the underground infrastructure and roads for 56 residential lots and associated infrastructure (utilities, roads, etc.), except for sidewalks in front of the proposed new houses. Eastwood Two only has access to Heritage Oaks Boulevard and there is no requirement for this subdivision to have access to another road, other than to connect to the Eastwood One gated subdivision. Eastwood Two is less than 21+/- acres, excluding streets, drainage, water, sewer and landscaping or other features. The developer has almost completely constructed all necessary improvements related to stormwater drainage, water and sewer lines, streets and underground electric, phone and cable utilities throughout for the subdivision, in addition to setting all monuments and lot corners. Since the improvements are almost completed and are in the process of being inspected by the engineering department, the applicant is requesting final plat approval to subdivide the property into 56 single-family lots to be sold to individuals.

8 Staff Report Eastwood Two Final Plat (FP ) Page 2 A bill of sale will be presented to City staff after City Council approval in April to dedicate the water and sewer (no public roads, just a private road) improvements to the City. The developer will also submit a performance bond for any remaining infrastructure plus maintenance bond on the completed improvements. The maintenance bond is dated two years from the acceptance of the improvements along with a sidewalk bond for a future sidewalk. The following information has been compiled to assist the Board in making a recommendation concerning this request. Staff Analysis In reviewing the final plat, the City assesses whether the request meets the minimum requirements in the Land Development Regulations and the Florida Statutes. Lots in the subdivision can be sold once the plat is recorded. The following sections provide staff s analysis of these items. Survey Review Platting procedures - Florida Statutes, Chapter 177 provides the requirements of platting land. The final plat must comply with all of the platting provisions in the Statutes. In order to ensure that the plat meets all of these requirements, the plat was sent to a surveyor for a review and his certification signature on the plat mylar sheet. The surveyor, Joe Hale, reviewed the following on behalf of the City, as our city surveyor: Comparison of lots and plat closure report to the plat dimensions and acreage Boundary survey of the plat boundary Title report description and exceptions Final plat PRM (Permanent Reference Monuments) set inspection Final plat PCP (Permanent Control Points) set inspection Signature and certification of plat to F.S. Chapter 177 Engineering Review As mentioned above, the engineering department has received the as-built drawings and is reviewing these final drawings of the infrastructure improvements. Inspections of the infrastructure are scheduled in the next couple weeks for the water, sewer, and road facilities. City Engineer Robert Grassman reviewed the certified cost estimates submitted for the performance bonds and the maintenance bonds and a performance bond in excess of $54K has already been posted for the sidewalks and some of the water and sewer completion details. City codes also allow for a bond to be issued in lieu of constructing a sidewalk. LDR Sec (b) states, Sidewalks shall be installed completely at the time of construction of other improvements within a subdivision, or, at the sole discretion and approval of the city, the developer shall file a performance, labor, and material payment bond prior to obtaining final plat approval. The developer also prepared maintenance bonds for the public improvements which include the water and sewer infrastructure. Since the roads are private, there will be no maintenance bond posted for the road or its attendant stormwater retention. Unique sidewalk feature - Since the developer no longer needs to keep the tracts of land for a future road between it and the existing Eastwood One subdivision, in order to meet the intent of the code of allowing connectivity to surrounding facilities, the developer has proposed a sidewalk between lots 8 and 9 to connect to a mulch path that leads east to Tallwood Park. Eastwood One is west of Tallwood Park and is close enough to the bridge path in Tallwood that in order for this

9 Staff Report Eastwood Two Final Plat (FP ) Page 3 private subdivision to meet the spirit of the comprehensive plan policies for pedestrian connection, the sidewalk path out of the subdivision was required (see attached black and white drawing). Footbridge in this area Behind court Planning and Legal Review City Attorney Morris Richardson has reviewed the legal documents that were submitted with the final plat including, the dedications on the plat, the Declaration of Covenants, Conditions and Restrictions and these documents are in compliance with City codes and Florida Statutes. The attorney will review the title opinion, and the bill of sale for the improvements. These will be reviewed prior to the final plat being scheduled for a City Council agenda. Planning staff reviewed the plat and there are no remaining items except for the civil engineer and the Public Works Departments to approve the construction and the transfer of title of the public utilities. Since Eastwood One was approved in 2005, prior to the implementation of the Horizon 2030 Comprehensive Plan this subdivision already had approval for being a gated community and does not need City Council review for being a gated community. Approval Process The Eastwood Two final plat will be reviewed by the advisory body, the Planning and Zoning Board but final approval cannot be given by the Planning and Zoning Board. City Council will then consider this final plat. Consistency with the Land Development Regulations (LDR): To review whether the proposed final plat is consistent with the City s codes, staff reviews codes and makes a decision based upon what is provided to the City. The applicant was required to follow LDR Section (Final Plat Review) when submitting for final plat approval. 1) LDR Section Final plat. This section outlines the documents required for final plat approval including the title opinion and dedications as well as the requirement that the plat meets the platting requirements of F.S Staff Comments Applicant submitted all required documents for the final plat. The plat conforms to F.S ) LDR Section Final plat review by planning and zoning board. This section lists the requirements for the final plat of a subdivision.

10 Staff Report Eastwood Two Final Plat (FP ) Page 4 Staff Comments Applicant has met all requirements to allow review by the Planning and Zoning Board and City Council review. Infrastructure and Public Services: Infrastructure improvements that are needed have been partially constructed and inspected. The as-built drawings will be submitted and a walk through inspection will be scheduled in the near future. All items on the punch list must be resolved prior to recording of final plat. Concurrency was addressed during the preliminary plat approval process. Transportation: Utilities: Stormwater Management: The applicant has met the minimum traffic concurrency requirements. An analysis was done during the preliminary plat approval process. Heritage Oaks Boulevard connects to Minton Road on the west side and the applicant is connecting an internal sidewalk to a point close to Tallwood Park. The subdivision is connected to City water and sewer. The water and sewer lines are located in Eastwood One and Saddlebrooke and the laterals to each lot have been stubbed out. The applicant has met minimum design standards for stormwater management during engineering review and approval. This means that the single-family residential lots are to be constructed in accordance with the drainage requirements of the Land Development Regulations (LDR) Sec and the St. Johns River Water Management District (SJRWMD) requirements. The developer received a master stormwater retention permit from SJRWMD, which cannot be exceeded, and has constructed the permanent shared retention pond, the roads and curbing, stormwater outlets. Each lot will be inspected for final grade prior to issuance of a certificate of occupancy for the single-family residence. The City s Engineer will review the engineering/construction drawings for the subdivision and the as-built plans of the water, sewer, and paving and drainage prior to recording of the final plat. Recreation: Fire: Police: City Code allows applicants to pay a recreation fee in lieu of dedication of land for a park. In order to calculate this fee, the applicant provided an MAI (Member of Appraisal Institute) appraisal of the land along with the recreation fee calculation and must submit the payment to the City in lieu of constructing facilities. The recreation fee must be paid prior to recording the final plat, and will only be used by the City for new recreation facilities and not for existing operations or personnel (per City Codes). Brevard County Fire and Rescue provides fire protection and emergency services to all properties within the city limits. The City of West Melbourne Police Department serves the site. Coordination with Outside Agencies

11 Staff Report Eastwood Two Final Plat (FP ) Page 5 As part of the subdivision plat process, the applicant is required to demonstrate that all infrastructure requirements have been adequately addressed. The City of West Melbourne requires that all outside agency permits and requirements be addressed prior to approval of the final plat. The developer has obtained the necessary permits but still needs sign off approvals with outside agencies which include: St. Johns River Water Management District (SJRWMD) for stormwater; Florida Department of Environmental Protection (FDEP) for water, stormwater (National Pollutant Discharge Elimination System); and sewage Permits; Melbourne-Tillman Water Control District stormwater permits; Staff Recommendation Staff recommends the Planning and Zoning Board recommend approval of both final plats for the subject property based on the analysis in the staff report with the following conditions: 1. As-built drawing approvals, infrastructure inspection finalization and acceptance by the City of all public improvements. 2. Approval of improvements by SJRWMD, FDEP, and MTWCD. 3. Approval and acceptance of the Bill of sale for improvements by City Council. 4. Approval and acceptance of the Maintenance Bonds for improvements. Attachments 1. Eastwood Two Final Plat (24 x36 document) 2. Proposed sidewalk between Lots 8 and 9 Aerial View (see 2 nd attachment for Eastwood Two layout)

12 Staff Report Eastwood Two Final Plat (FP ) Page 6 Existing Connection Lune Court

13

14