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Home My WebLink About2015-02-05 PZ AgendaSOF SEBT" HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, FEBRUARY 5, 2015 7:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS 5. APPROVAL OF MINUTES 6. OLD BUSINESS 7. NEW BUSINESS Regular meetings of November 6th and 20th, 2014 A. Accessory Structure Review - LDC Section 54-2-7.5 - 152 Dock Avenue - Lots 12 & 13, Block 498, Unit 15 - 30'X 30' (900 SF) Detached Carport - M/M Moore B. Quasi -Judicial Public Hearing - Site Plan Modification - River Park Plaza - Additional Parking, Outside Seating Areas, and Off -Site Improvements - 480- 484 US Highway # 1 - Commercial Riverfront (CR) Zoning District C. Discussion - Land Development Code Landscaping Regulations S. CHAIRMAN MATTERS 9. MEMBERS MATTERS Election of Chairperson and Vice -Chairperson 10. DIRECTOR MATTERS 11. ATTORNEY MATTERS 12. ADJOURNMENT ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. Ms. Dale Simchick, IRC School Board Liaison ALSO PRESENT: Frank Watanabe, PE, Community Development Director Bob Ginsburg, City Attorney Jan King, Senior Planner Dorri Bosworth, Planner/Recording Secretary ANNOUNCEMENTS: None APPROVAL OF MINUTES: MOTION by Paul/Roth to accept the minutes of the October 2, 2014 meeting as submitted. Motion was approved unanimously by voice vote. MOTION by Roth/Paul to accept the minutes of the October 16, 2014 meeting as submitted. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. ACCESSORY STRUCTURE REVIEW - LDC SECTION 54-2-7.5 - 1026 EVERNIA STREET - LOTS 30 & 5, BLOCK 164, UNIT 5 - 30' x 33' (990 SF) DETACHED GARAGE - M/M MILLAR Mr. Doug Millar, the applicant and property owner, was present. Ms. Bosworth reviewed the proposed garage application noting the actual square footage was 999 SF, stated it would be constructed on the lot behind the house, would be of the same material and colors of the residence, was proposing to plant the required amount of shrubbery, and that the applicant had also applied for the auxiliary driveway permit. She stated that staff recommended approval. Mr. Qizilbash asked if a Unity of Title had been recorded. Staff stated they had a copy in their file. Mr. Durr discussed with staff the lineal footage calculation used in determining the shrubbery N, 061 0)C ' ID CITY OF SEBASTIAN ^C co ID PLANNING AND ZONING COMMISSION W C' MINUTES OF REGULAR MEETING NOVEMBER 6, 2014 E Q.O Chairman Dodd called the Planning and Zoning Commission meeting to order at 7:00 P.M. 1 The pledge of allegiance was said by all. � C C ROLL CALL: PRESENT: Mr. Roth Mr. McManus (a) 0 G. 4 Mr. Dodd Mr. Qizilbash (n N Q < i Ms. Kautenburg (a) (arrived @ 7:02 pm) Mr. Carter Mr. Durr Mr. Reyes Mr. Paul Ms. Dale Simchick, IRC School Board Liaison ALSO PRESENT: Frank Watanabe, PE, Community Development Director Bob Ginsburg, City Attorney Jan King, Senior Planner Dorri Bosworth, Planner/Recording Secretary ANNOUNCEMENTS: None APPROVAL OF MINUTES: MOTION by Paul/Roth to accept the minutes of the October 2, 2014 meeting as submitted. Motion was approved unanimously by voice vote. MOTION by Roth/Paul to accept the minutes of the October 16, 2014 meeting as submitted. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. ACCESSORY STRUCTURE REVIEW - LDC SECTION 54-2-7.5 - 1026 EVERNIA STREET - LOTS 30 & 5, BLOCK 164, UNIT 5 - 30' x 33' (990 SF) DETACHED GARAGE - M/M MILLAR Mr. Doug Millar, the applicant and property owner, was present. Ms. Bosworth reviewed the proposed garage application noting the actual square footage was 999 SF, stated it would be constructed on the lot behind the house, would be of the same material and colors of the residence, was proposing to plant the required amount of shrubbery, and that the applicant had also applied for the auxiliary driveway permit. She stated that staff recommended approval. Mr. Qizilbash asked if a Unity of Title had been recorded. Staff stated they had a copy in their file. Mr. Durr discussed with staff the lineal footage calculation used in determining the shrubbery N, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2014 amount, and disagreed with the elimination of the south side wall because of the additional concrete pad. MOTION by Durr/Roth "to approve the accessory structure at 1026 Evernia Street, on Lot 30 & 5, Block 164, Unit 5, with the condition that the added foundation planting at the number of 93 LF should be accounted for." There was discussion if the foundation planting needed to be a condition if it was already required by code. Staff's interpretation of how the lineal footage was calculated was in question. Ms. Kautenburg had a question on the additional pad, and stated she did not think the building was attractive enough for that neighborhood. ROLL CALL: Mr. Durr yes Mr. Qizilbash yes Mr. Paul yes Mr. Reyes yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 7-0. Motion carried. B. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN, CONDITIONAL USE PERMIT, & WAIVER — WATERCREST SENIOR LIVING — 89 -BED ASSISTED LIVING FACILITY — 13085 US HIGHWAY #1 — COMMERCIAL RIVERFRONT (CR) ZONING DISTRICT — REQUESTSED WAIVER FROM LDC SECTION 54-4-21.A.7: RIVERFRONT OVERLAY LANDSCAPE REQUIREMENTS Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose. Ms. Kautenburg stated she had no ex -parte communications but worked in the real estate office with the listing agent of the property. Mr. Paul stated that the project civil engineer was his neighbor but there had not been any ex -parte communications. The applicants/representatives and staff were sworn in by the City Attorney. Mr. Todd Howder, MBV Engineering, Inc., and the applicant set up display boards highlighting the project's site plan and architectural elevations. He introduced himself, the design team and owners to the Commission: Ms. Joni Williams, Mr. Mark Chilcott, VP of Development, Mr. Randy Buchannan, Landscape Architect, and Mr. Richard Wellman, Architect. He then reviewed the civil plans noting access to the site would be from an existing turn lane on US #1 and from an access through the neighboring Shady Rest Mobile Home Park, which easement document was already executed. The stormwater system consisted of three dry ponds and an exfiltration trench. The adjacent Catholic Church was selling a piece of land to the project, and in return the ALF was extending a water line onto the church's western property for a fire hydrant. Permits from IRC Utilities and both FDOT permits had been received. Ms. King stated that the project had received two variances from the Board of Adjustment regarding the method of calculating parking spaces and the rear setback. She explained that the LDC required .6 parking spaces per bed whereas the industry standard was .5 spaces per bed. Also, the rear setback was reduced from 30 feet to 20 feet since the Shady Rest property had been rezoned to Commercial Riverfront and in the near future would not be continuing any residential uses in exchange for an increased buffer. She noted that the copy of the recorded access agreement requested in proposed Condition #1 in the Staff Report had been received. Mr. Durr had questions for the Landscape Architect regarding the proposed materials for the increased buffer, and asked if landscaping could be planted within the slopes of the retention ponds to fill in gaps. Mr. Howder responded they prefer not within the slopes but top -of -banks was doable. Mr. Qizilbash had questions on the amount of parking spaces and how the building PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2014 height was measured. Mr. Richard Wellman, Architect, showed where the height was measured from and to, meeting the 35 foot maximum height allowed. Mr. Dodd asked if the secondary access through Shady Rest would be upgraded and repaired since it was not intended for heavy traffic. Mr. Howder stated not at this time. The city engineer, Mr. Frank Watanabe stated he would take a look at the existing condition of that roadway. Mr. Roth asked staff to explain the landscape chart that was included in their packet. Ms. King iterated that the first page was the basic landscape code that had to be met, and if not, a variance from the Board of Adjustment would be needed. The second page was the Riverfront Overlay District requirements that had to be met, and if not, a waiver from the Commission was needed. The applicant was requesting a waiver from the Overlay requirements, and the charts indicated the amount of landscape material that a waiver was needed for. Mr. Durr had additional questions and concerns regarding the proposed size and gallons of the landscaping plants for the increased rear buffer. Mr. Howder stated they would work with the landscaper. Mr. Dodd opened the Public Hearing at 7:31 pm and asked if there was anyone in the public that was opposed or in favor of the application. There was none. Ms. King reviewed the three actions needing motions from the Commission. MOTION by Durr/Paul "to approve the Conditional Use Permit for an assisted living facility for this application." ROLL CALL: Mr. Reyes yes Mr. Dodd yes Mr. Durr yes Mr. Qizilbash yes Mr. Carter yes Mr. Paul yes Mr. Roth yes The vote was 7-0. Motion carried. MOTION by Paul/Roth "to approve the site plan [which will be an enhancement to the city, needed by the community, and be a good project] with the staff recommendations #2 and #3." ROLL CALL: Mr. Reyes yes Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Paul yes Mr. Carter yes Mr. Qizilbash yes The vote was 7-0. Motion carried Ms. King noted that the applicant was planting additional landscaping on the church's property (11 canopy trees, 9 palm trees, and 208 shrubs) but since that was off-site, those counts were not added into the charts. MOTION by Durr/Carter "to approve the landscape waiver as requested for Section 54-4-21.A.7 of the Riverfront Overlay District." ROLL CALL: Mr. Roth yes Mr. Qizilbash yes Mr. Carter yes Mr. Reyes yes Mr. Dodd yes Mr. Paul yes Mr. Durr yes The vote was 7-0. Motion carried PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2014 C. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — SPECIAL USE PERMIT — RECREATIONAL VEHICLE RESORT — CHESSER'S GAP PUD — S. FLEMING STREET SOUTH OF SEBASTIAN BOULEVARD — COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD -C) ZONING DISTRICT Chairman Dodd explained that per LDC regulations, after review of the project, the Commission could make a recommendation to the City Council that they approve the application, deny it, or approve it with conditions, and their recommendation was not binding on the Council. He stated to the public in attendance that at the PZ meetings there were no time limits imposed on input but ask all to keep to the topic and speaking brief. Everyone who wished would be able to address the Commission. Mr. Todd Howder, MBV Engineering, Inc., reviewed that the hearing was for the Special Use request only, and not site plan specifics at this time. He then continued with a Power Point presentation [attached] which explained the project, and details including PUD zoning specifics and allowable uses, aerials of the site, review of the approved, but not constructed, townhome project, comparison of traffic trip generation, proposed resort deed restrictions, conceptual resort site plan and details, proposed site photos, pictorial of allowed and prohibited RV's, and photos of other existing, Florida RV resorts. Mr. John King, REMAX Crown Realty, 1603 US #1, spoke about the history of getting the project initiated. He also explained that if the Special Use was granted, any future changes to the project or deed restrictions would necessitate additional approvals by the City. The resort plan would be similar to a condominium or homeowners association in that each lot owner would be charged a maintenance fee. He also stated they had already spoken to the adjacent property owners (Elks and Sebastian Jr. High Charter School) and addressed their concerns. Mr. Watanabe displayed the two pages from the staff report which listed proposed conditions (16) if the Special Use was recommended to be approved on the overhead projector, and read each condition [attached]. Mr. Carter asked what would happen if the business plan for the resort didn't work. Mr. King reiterated that any new plan would have to come back before the City, but the resort would be completed in phases. Mr. Durr questioned if the RV's would be going in and out on a daily basis. Mr. King stated not likely, in that it took time for an RV set-up and most owners might have small electric cars or golf carts. Mr. Durr had additional questions on expected daily traffic trips the use would generate, and Mr. King discussed research information the civil engineer had gathered. He offered that a "Right Turn Only" sign could be placed at the exit to direct RV's to Sebastian Boulevard instead of into the adjacent subdivisions. Mr. Qizilbash stated he was concerned with the quality of the project and maintenance of the site. Mr. King stated there would be a management company onsite responsible for the interior and exterior maintenance, and the resort operated like a condominium. Mr. Rich Stringer, Esq., applicant's attorney, stated that if the project failed, there would not be dilapidated buildings to look at, more of a blank slate, and the City's recourse would be the same as with any other failed development, with regards to nuisance violations. Mr. McManus asked how the value of the lots would be established for taxing purposes and had setback questions. Mr. King responded it would be the same as a fee simple condo and every lot would be taxable. 0 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2014 Mr. Paul corrected information regarding RV's that was displayed in the Power Point presentation. He then questioned if the lot owners could sub-let their property when they were not using it, and had additional questions regarding the proposed wall. Mr. King responded yes, but the renter had to be approved by the management company and pass all other background checks. Mr. Dodd verified with staff that per the LDC, the definition of a recreational vehicle is "a temporary dwelling". Mr. Watanabe concurred. Mr. Dodd summarized that if the Special Use was approved, it would be for a resort composed of temporary dwellings — a temporary dwelling facility. He also stated that the city would not have any means to enforce the by-laws or deed restrictions, and requested the Commission not to ask site plan related questions. Mr. Dodd asked if the townhome site plan was still active, and had a question regarding the stormwater lake. Mr. Watanabe stated it was not, and Mr. Howder stated the existing lake would be relocated. Mr. Reyes had questions regarding the location of the existing RV Resorts in the state, felt capacity of the resort would be seasonal, and opined that an RV Resort at this site wouldn't work as the adjacent commercial sites in the PUD were empty. Ms. Kautenburg opined that the concept of the RV Resort would bring in the highest income stream possible with the least pressure on the services that must be provided. Mr. Roth asked if the proposed restaurant would be open to the public. Mr. King stated yes. Ms. Simchick, IRC School Board Liaison, stated the only concern the school district had for the Sebastian Jr. High Charter School located on Wave Street was the type of traffic and daily trips. She stated that although initial information provided by the civil engineer indicated that daily trips would decrease from the previously approved townhome development, the type of vehicles creating the trips were of truck and bus length. She also stated that she was a councilmember when City Council approved the townhome project, but the approval included a condition of installing a turn lane. She noted that a turn lane was not shown on the conceptual plan and because of the back-up on to Fleming Street already occurring during drop-off and pick-up hours, requested that a turn lane and/or traffic signal be considered when the traffic study was done and site plan submitted. Chmn. Dodd opened Public Input. The following people spoke in regards to the application: John Maylie, 771 Carnation Drive, felt the project did not meet the required Finding of Facts to approve the Special Use and was concerned with security, drainage, traffic from having the resort on two sides of the road, and noise. Jim Sunnycalb, 721 S. Easy Street, Collier Creek Estates, was concerned that Fleming Street would be reconsidered to open up to US Highway #1. Al Manzi, 742 Holden Avenue, Collier Creek Estates, felt the density of the RV resort was not in keeping with the surrounding subdivisions. John Johnston, 747 S. Easy Street, President of the HOA for Collier Creek Estates, did not want this type of use in the area next to a residential subdivision, and stated their main concern as for the safety of the students in the charter school with regards to the renters and potential pedophiles. Patricia Keller, vacant property owner in Collier Creek Estates, was concerned with how the resort would impact the subdivision and property values, noise, and less taxes. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2014 Brad Cronin, 208 Chello Avenue, Collier Creek Estates, did not think the conceptual plan indicated a luxury resort with lots that would sell at the proposed price, and it was not a use that would be used by Sebastian residents like the previously approved assisted living facility. David Brunelle, 762 Holden Avenue, Collier Creek Estates, noted that taxes would be assessed on lots with no buildings, and was concerned about traffic congestion near the school. [Mr. Dodd disclosed that Mr. Brunelle was his brother-in-law.] Joel Stout, 813 George Street, opined that the resort was another name for a trailer park and stated his house would be adjacent to the project. He was worried about property values, and potential pedophiles near the school as his daughter was a student there and walked home. Maureen Mathewson, 108 Harbor Point Drive, stated that Harbor Point Subdivision would be affected by the proposed condition #7a, and requested a landscape buffer between the stormwater tract and their subdivision if the Special Use was approved. She also had concerns with the transient population the use would bring in. Debra Green, 334 Brookedge Terrace, is not opposed to the RV Resort but opposed to the location next to the school, and the safety of the students that ride their bikes or walk. Ann Carr, Melrose Lane, was concerned with the type of renter, and the width of Fleming Street. Frank Lamacchia, 722 S. Easy Street, Collier Creek Estates, new resident of 2 months, felt the location next to a residential area was wrong for a RV resort, worried about pedophiles, maintenance, density, and traffic & noise from the RVers. Bruce Fleming, 720 S. Easy Street, Collier Creek Estates, asked who enforces the deed restrictions. Brad Paschall, 115 Harbor Point Drive, stated he has spoken to staff, the city manager, and other RV resort managers. He discussed comments made by a Port St. Lucie resort manager regarding the resort being split by an arterial roadway which would have visitors crossing the road to the office and amenities, and asked the Commissioners to outweigh the benefits vs. the risks of the project when they made their recommendation. Henry Ghigliotty, 774 S. Easy Street, Collier Creek Estates, stated he closed on his house the day before but would not have if he knew the RV resort project was being considered. Grace Savage, 204 Hunt Court, Collier Creek Estates, 1 month new resident, stated she was unnerved with learning about both All Aboard Florida and the RV resort. She opposed the project for all the reasons already stated, mostly quality of life and traffic. Joe Horstkamp, 782 Holden Avenue, Collier Creek Estates, worried that additional crime would occur not only because of transients but also because the RV's were high end and pricey. Damien Gilliams, 713 Layport Drive, informed the public that the Council made the final decision regarding the Special Use and told them to contact councilmembers and attend the council meeting. He stated the use belonged in other areas of the city and not near the residential areas. Dr. Henry Fischer, property owner of the west portion of the project, clarified some of the misinformation that was stated. He reviewed that the location was in a commercial/industrial area with a curb & gutter street and underground drainage, along with 20 acres of lakes. The initial project planned by the new owner was for a low-income apartment complex to which Mr. King introduced the idea of the RV Resort. Mr. Fischer also reviewed other uses the property could develop as allowed by the commercial and industrial zoning. He thought a gated community, similar to other subdivisions he had developed, would be better suited to the area. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2014 Henry Fischer, Jr., 10729 US Highway #1, reviewed the history of the development of the commercial parcel, stated he was an RVer, had stayed at other RV Resorts, and felt it would be nice to bring something different to Sebastian. He also stated he was offended by the statements that compared pedophiles with RVers. Keith Hodel, 757 George Street, Class A RV owner, stated he bought a lot in a RV Resort south of Orlando, and within seven years it was deteriorated, which is why he moved to Sebastian. Walter Gill, 742 S. Easy Street, Collier Creek Estates, an RVer, was concerned with Fleming Street going through the middle of the resort, and noted in his experiences staying at many RV resorts that they deteriorated with almost every yearly visit. He did not want a resort near his neighborhood. Chairman Dodd closed the public input at 9:56 p.m. and summarized what the Commission needed to consider. He read the definition of a recreational vehicle from the LDC. He stated he had a problem with approving a special use permit without much information from the LDC to go with, and in using the definition of a recreational vehicle it made it such that the Commission didn't have a lot of control of what they were approving. He stated he was opposed to making a recommendation of approval based on the definition of a recreational vehicle being a temporary dwelling, that the location lends to an opportunity to become transient, the site's proximity to the school and existing residential, and not being consistent with Section 54-2- 6.2.(d)(1) and (d)(2). Mr. Qizilbash stated he also couldn't find any information in the LDC regarding Special Uses. Mr. Dodd read the required Findings of Fact (Section 54-2-6.2) from the code book [also in agenda packets/staff report], and stated he felt the use was not consistent with the Comprehensive Plan, but that it was also not inconsistent with the Plan, and that the downsides of the project was greater than the upsides to the City. Mr. Paul stated that he felt for every negative item there could be a positive item found and that there were property rights of the developer to consider. Mr. Dodd stated property rights were a two-way street, and it was the Commission's responsibility to consider the property rights of everybody. MOTION by Dodd/Durr "that the Planning and Zoning Commission recommends that the City Council deny the request for a Special Use Permit to allow a Recreational Vehicle Resort in the Chesser's Gap PUD -C due to the conditions set forth in LDC Section 54-2-6.2(d)(1) and (d)(2)." Mr. Roth stated his denial would be based on the road down the middle of the resort because there would be traffic in all different directions, and that it was not the right plan for that area. Mr. Dodd stated that was a site plan issue, and the use is what needed to be considered. Ms. Kautenburg opined that things change, and no one is comfortable with change. They alternative developments were all doable before the adjacent subdivisions were built. She felt bad that there was name calling, and never met an RVer who was a pedophile. She stated she wasn't sure if the RV Resort was a right use of the land, nor if it was a wrong thing. ROLL CALL: Mr. Roth yes Mr. Dodd yes Mr. Qizilbash yes Mr. Durr yes Mr. Carter yes Mr. Paul no Mr. Reyes yes The vote was 6-1. Motion carried. A pause was taken to let the Council Chambers empty. 7 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2014 CHAIRMAN MATTERS: Chmn. Dodd reviewed that the last four site plans approved in the Riverfront District were granted waivers for Overlay landscaping. He felt it was time to review the code and asked staff to bring back a proposed modification early in the new year. Ms. King reviewed past activity that the Chamber of Commerce had done with regards to presenting modifications on this issue, which never came to fruition. She said she agreed with Chmn. Dodd in that it was time to review the landscaping code. Ms. Bosworth cited the foundation landscaping regulations as the ones most requested waivers from. Chmn. Dodd suggested having a single landscape code for the city, and felt there may not be enough developable lots remaining in the Riverfront large enough to adequately meet the Overlay landscaping requirements. Chmn. Dodd also discussed not having a place on the Commission's agenda for Public Input, and relayed information from a previous discussion with the City Attorney that it may be illegal not to provide it, and that there has been changes in both case law and at the State level regarding this. He asked the Commission if they would like to add "Public Input" to the agenda. Mr. Ginsburg stated State law was passed last year regarding the issue. It does not allow people to talk to the Commission about random issues, but rather agenda items, even if it is not labeled a public or quasi-judicial hearing. He stated the Commission and Council had been good about letting people speak on all matters, and when asked directly about adding "Public Input" formally to the agenda, he responded that he was comfortable with allowing the Chairman to recognize when people should be given time to offer input. Mr. McManus asked if you could place a time limit and request the input be item specific. Mr. Ginsburg stated yes. MEMBERS MATTERS: Mr. Carter thanked the City for installing the sign lights in front of City Hall. Mr. Roth thanked the City for re -striping Barber Street from US Hwy #1 to the railroad tracks and past. Mr. Paul stated his term had expired and he had decided not to re -apply, that tonight was his last meeting. He thanked the City Council for putting their vote in him all the years he'd been a Commissioner, but specifically wanted to thank staff who he stated had been excellent in the nine years he had served, and also stated that Mr. Ginsburg was the "cake". He told the Commissioners he thoroughly enjoyed his time with them. DIRECTOR MATTERS: Mr. Watanabe informed the Commissioners that an appeal of their decision regarding the Capt. Hiram's site plan had been submitted [and would be considered by the City Council.] ATTORNEY MATTERS: Mr. Ginsburg informed the Commission that he was working on two Ordinances, and because of the timing of upcoming meetings, City Council would hold their 1s` readings on 11/19, and the PZ Commission would hold their review and make a recommendation on 11/20. The Ordinances dealt with temporary uses, and the other was Stay of Appeals. Chairman Dodd adjourned the meeting at 10:30 p.m. (db) 0 LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) THURSDAY, NOVEMBER 20, 2015 Chairman Dodd called the LPA meeting to order at 7:00 pm. The Pledge of Allegiance was said by all. ROLL CALL: PRESENT: Mr. Roth Mr. Dodd Ms. Kautenburg (a) Mr. Durr Mr. Carter EXCUSED ABSENCE: Mr. Qizilbash Mr. Reyes Mr. McManus(a) ALSO PRESENT: Frank Watanabe, PE, Community Development Director Jan King, Senior Planner Robert Ginsburg, City Attorney Dorri Bosworth, Planner/Secretary [Ms. Dale Simchick, IRC School Board Liaison was not present] ANNOUNCEMENTS: 0 f °' C I C .o .E �, mot) C •y o E is U .CIO Ci c a) C CL L CON Q aur Chmn. Dodd stated Mr. McManus, Mr. Reyes, and Mr. Qizilbash were excused from the meeting, and Ms. Kautenburg would be voting tonight. APPROVAL OF MINUTES: None OLD BUSINESS: A. PUBLIC HEARING — REVIEW AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0-14-06 WHICH PROPOSES AN AMENDMENT TO THE LAND DEVELOPMENT CODE, ARTICLE III, SECTION 54- 2-3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES/SPECIAL EVENTS Ms. Bosworth stated the amendment had been before the PZ Commission previously for review, and at its October 2nd meeting, they approved a motion to pend the item until further action was requested by staff. The City Manager and City Council had requested the matter be brought back before them. She then reviewed what changes were proposed to the Section, which in general were some clean-up items, removing the condition that the activity must be a permitted or conditional use within the zoning district, remove the fees from the code and establish by resolution and reducing to $35 per event, and adding an appeal section. She noted the City Council held their 1s' reading of the Ordinance the previous night (11/19) and did not have any proposed changes except to remove circuses as a special event [because of animal cruelty complaints]. Mr. Dodd stated he knew the issue had a lot of communication problems, noted that items the Commissioners had discussed were not in the proposal, and felt the Commission should stay within the boundaries of what was presented to the Council. He was disappointed that it was thought the Commission was trying to disallow events and uses when it was the other way around in that they were trying to change the code to allow them. Mr. Roth asked if a church was considered "privately -owned". Staff stated yes. And in response to a question regarding #7, Ms. Bosworth verified that as part of processing an application, she did require notice from the land owner regarding the temporary use/special event. Mr. Roth also asked for examples of non -seasonal transient vendors. Ms. Kautenburg asked if "privately -owned property' included vacant residential lots, and could they also be used for temporary uses, specifically transient merchants. Staff stated the intent was to clarify from publicly—owned properties since the parks and city property had a different set of event regulations. Ms. Bosworth stated the application needed City Manager approval, and could be denied if the location was inappropriate for the event/use. She also noted the code specified only unimproved lots in the industrial and commercial areas could be used. Ms. Kautenburg questioned if the food vendors were being checked for proper licenses. Ms. Bosworth stated the kitchens of the churches and civic organizations were previously permitted, and the responsibility for the vendors would fall on the applicants to verify. Mr. Carter asked if the fees were remaining at $125 or being reduced. Ms. Bosworth stated they were going to recommend they be reduced to $35 per event. Chmn. Dodd suggested the bond amount also be removed from the code and added to the resolution. MOTION by Dodd/Carter "to recommend to the City Council that they approve Ordinance 0-14- 06 with modification that the cash bond amount be removed from the LDC and placed in the resolution in which the permit fees are established." Mr. Dodd asked if there was anyone in the public that wished to speak about the item. There was no one. ROLL CALL: Mr. Durr yes Ms. Kautenburg no Mr. Carter yes The vote was 4-1. Motion passed. NEW BUSINESS: Mr. Roth yes Mr. Dodd yes B. PUBLIC HEARING — REVIEW AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0-14-07 WHICH PROPOSES AN AMENDMENT TO THE LAND DEVELOPMENT CODE, SECTION 54-1-2.4, SECTION 54-1-2.5, AND SECTION 54-4-18.6 REPEALING STAYS ON APPEALS Mr. Ginsburg stated a brief explanation of the amendments was included in the memorandum in the agenda packet, and that for a low filing/application fee, anyone who disagreed with what the Commission or City Council approved could halt a project significantly for extended periods of time. Currently, the code mandated stays on appeals. He continued that in most cases, because of financing or risk, the applicant will hold development until the appeal is resolved. But in cases where the applicant is willing and able to proceed, and at their own risk, he felt the City should not stop the applicant. Chmn. Dodd felt this was a logical clean-up item. Mr. Durr stated he couldn't think of any merits for requiring the stays. MOTION by Dodd/Durr "to recommend to the City Council that they approve Ordinance 0-14-07 as presented by the city staff." Mr. Dodd asked if there was anyone in the public that wished to speak about the item. There was no one. ROLL CALL: Mr. Durr Mr. Roth Mr. Dodd The vote was 5-0. Motion passed. CHAIRMAN MATTERS: yes Ms. Kautenburg yes yes Mr. Carterl yes yes Chmn. Dodd stated that at the previous PZ Commission meeting (11/6/14), during the interim break after the RV Resort hearing, he had an exchange with one of the participants, and he would like to apologize for the remarks that he made. They were picked up by the microphones, which made them worse, and he again apologized to the Commission, city staff, and the people in the chambers that might have heard the remarks. He also stated the City Manager was notified by a participant that there may be a conflict of interest for him because he lived in the adjacent Harbor Point Subdivision. He said he didn't report it because he felt he didn't have a conflict knowing since he bought his house that it was next to commercial property that would be developed. In retrospect, he could see how it was thought to be a conflict, and he assured the Commissioners that the location of his residence had nothing to do with his opposition of the project. He stated that if any of the Commissioners that voted yes on his motion wished to change their vote they should contact Mr. Watanabe. MEMBERS MATTERS: Mr. Roth asked if there was any resolution on the re -design of the Avery Way project's exit drive onto Barber Street. Mr. Watanabe stated he had discussions with the project's civil engineer, Mr. Schulke, who was in contact with the developer, and would be submitting the re -design shortly. DIRECTOR MATTERS: None ATTORNEY MATTERS: None Chairman Dodd adjourned the meeting at 7:26 p.m. (db) crry OF HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225MAINSTREET• SEBASTIAN, FLORIDA 32958 TELEPHONE: (772)589-5537 • FAX (772)589-2566 OWNERBUILDER PE aLL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, AC -CORDING TO FS 713.135 PERMIT # d102 ey INDIAN RIVER COUNTY PARCEL ID #-31 -'3 q- O 7 -U/XJD�- /a9 'g _ UU RECEIVED Bk LOT: t a P BLOCK: Y 9 %. SUBDIVISION: //> f A FLOOD ZONE: TYPE OF WORK: NEWUJ ADDITION =ALTERATION 0 REPAIR = DEMOLITION 0 WORK INCLUDES: STRUCTURAL ® ELECTRICAL L]PLUMBING [] MECHANICAL[] ROOFING OTHER WORK DESCRIPTION: ,1/x`3-: ni �� *o' Y.3c" Y I x ESTIMATED JOB VALUE: $ l6 LS, 96d TOTAL S/F JOB NAME: UNDER JOB ADDRESS: h J a b UGh 19 t ,,- PROPERTY OWNER'S NAME_ �UNiS W- ,,/�'/G��`IQ PHONE: CITY/STA CONTR ADDRE: CITY/ST G CITY/STATE: ZIP CODE LICENSE #: $ Gj PHONE: J - "Zf v ZIP CODE JW, PHONE: _ PRESENT USE: PROPOSED USE: Zf w ej A- q — OCCUPANT LOAD: NUMBER OF: STORIES F-7� BAYS 0 UNITS= BEDROOMS 0 HEIGHT= TYPE OF CONSTRUCTION: S7';c:g1 OCCUPANCY TYPE: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? YES ❑ NO BONDING COMPANY: 1110A1,0- PHONE: ADDRESS: CITY/STATE: ADDRESS: FEE SIMPLE TITLE HOLDER: ADDRESS: PHONE: PHONE: 1 APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS JURISDICTION. I UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, ETC. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING CHANGE OUTS LESS THAT $7.500. NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS. STATE AGENCIES. OR FEDERAL AGENCIES. ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT I COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN. NOTE: THIS PERMIT APPLICATION IS VOID AFTER 180 DAYS UNLESS THE WORK, WHICH IT COVERS, HAS COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR COUNTY COMPETENCY PLUS A COUNTY -WIDE LICENSE PRIOR TO OBTAINING PERMIT. 4. W va2fL OWNER/AGENT SIGNATURE 1, acr;s t✓, Ma�;�� PRINTED NAME/ OF OWNER/AGENT DATE: //23/ /,5-- -'- Individuals who sign as the owner's agent must first obtain owner's written authorization to sign on their behalf STATE OF FLOA COUNTY OF T e fQregomstrument was acknowledged before me this day o 20_�5 by who is personally known or who has roduced ident cation. Type of Public Notary Seal LINDA M. Comml sion0HGL # FF 117566 Expires June 18, 2018 �'�9f,,,. eo�ea tr�rmveriM..a.aooaasm�c 3 (ROF HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org DATE: January 28, 2015 TO: Planning and Zoning Commission FROM: �YJan King Senior Planner RE: River Park Plaza Major Site Modification Riverview Park Drive Aisles, Sidewalks and Parking MBV Engineering has applied for a major modification to the River Park Plaza site located at 480 — 484 U.S. 1, which includes three small outside seating areas, 6 additional parking spaces (partially on River Park Plaza property and partially on City property), landscape relocation, and improvements to the City's Riverview Park which include drive aisles, sidewalks and 28 paved parking spaces. The existing approved site plan identifies a mix of uses including retail and restaurant. Required parking totals 80 spaces and 88 spaces have been provided. As tenants continue to change, the existing uses now include a bar and some medical offices. These uses require additional parking, but this has not been a problem since a number of the units in the plaza remain vacant. To satisfy their future parking needs at full occupancy, the owner has requested approval of this site plan modification. After consideration of the "parking in lieu" program whereby an applicant can purchase an exemption from the parking requirement by paying $3200 per space into the City's parking fund, the owner has requested that he be allowed him to make the actual improvements to the City property, at his expense, without the exchange of funds. After construction, the 28 spaces will remain "public" parking, but will be credited on the site plan toward meeting the River Park Plaza overall parking needs, as in the "parking in lieu" program. This new concept was presented to City Council on July 9, 2014, by Joe Cataldo of River Park Plaza, Inc. and Todd Howder of MBV Engineering. After discussion by Council and input from the public, it was the consensus of Council to move forward with the process. A formal developer's agreement is being drafted to outline the terms of approval, including off-site parking credit, and a cross -access easement. The developer's agreement will be presented to City Council for their approval. Staff recommends approval of the River Park Plaza Major Site Modification and the Riverview Park Drive Aisles, Sidewalks and Parking Plan, as presented. GENERAL CODE ARTICLE XIV. TREE PROTECTION AND LANDSCAPING Sec. 54-3.14.1. Applicability. (a) The minimum standards for landscaping set forth in this article shall be applicable to all new construction, as well as development activity otherwise requiring updated code compliance. (b) It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or historic tree situated on any real property or clear any lot or acreage located within the city without first obtaining a permit as provided within these provisions. (Ord. No. 0-05-18, § 1, 10-16-2005) Sec. 54-3-14.2. Historic trees. The removal of a "historic tree', as designated by resolution of the city council, requires a removal permit approved by the city council; however, historic tree(s) determined to be a hazardous tree(s) by the city manager or his designee which requires immediate action may be removed. All reasonable measures and alternatives shall be explored to avoid the removal of a historic tree. (Ord. No. 0-05-18, § 2, 10-16-2005) Sec. 54-3-14.3. Mangroves. Mangroves shall not be removed except as provided by this section. Mangroves may be pruned provided that the pruning does not result in the death or decline of the mangrove and is in compliance with state law. A permit may be issued for the removal of a mangrove only to provide access to a dock or pier when there are no practical or permitable alternatives. (Ord. No. 0-05-18, § 3, 10-16-2005) Sec. 54-3-14.4. Undesirable exotic vegetation. All undesirable exotic vegetation must be removed by the developer or property owner at the time of clearing, construction or redevelopment. Undesirable exotic vegetation shall not be used in any way to meet the tree or landscape requirements of the land development code. Undesirable exotic vegetation may be removed without a permit after receiving verification from the city manager or his designee. Under no circumstances shall any of the following five tree species be deliberately introduced into the city and planted on public or private property. Any such action shall be deemed a violation of this article and shall also be deemed a public nuisance. (1) Ear tree (Enterolobium Cyclocarpum). (2) Chinaberry (Melia Azedarch). (3) Australian Pine (Casuarina Spp). Supp. No. 6 LDC14:1 § 54-3-14.4 SEBASTIAN LAND DEVELOPMENT CODE (4) Punk Tree or Cajeput Tree (Melaleuca Quinquernervia or Melaleuca Leuadendron). (5) Brazilian Pepper (Schinus Terebinthifolius). (Ord. No. 0-05-18, § 4, 10-16-2005) Sec. 54-3-14.5. Suitable trees. The following trees shall be utilized in fulfilling the requirements of this article for planting or replacing trees: (1) Bald Cypress (Taxodium distichum). (2) Live Oak (Quercus mytifolia)—Not desirable to plant near septic tanks. (3) Laurel Oak (Quercus laurifolia)—Not desirable to plant near septic tanks. (4) Red Maple (Acer rubrum). (5) Slash Pine (Pinuls elliottii). (6) Southern Magnolia (Magnolia grandiflora). (7) Southern Red Cedar (Juniperus silicicola). (Ord. No. 0-05-18, § 5, 10-16-2005) Sec. 54-3.14.6. Tree protection standards. (a) Application before certain activities; provision of homeowner's packet; replacement of certain trees. Prior to grubbing, land clearing or removing any protected trees within the city limits of Sebastian, a person shall make application to the city for the appropriate permit. The department shall provide to each permit applicant a "homeowner's packet" that includes, at a minimum, information and techniques relating to the protection of trees during land preparation for construction or construction activities. The owner of the lot must sign the application which acknowledges receipt of a "homeowner's packet" regarding tree protection. All protected and historic trees destroyed or removed without a permit shall be replaced by a tree with a minimum height of 12 feet. The cost of replacing unlawfully removed trees shall be incurred by the party responsible for the removal or destruction. (b) D-ee protection barricades. Prior to development or construction activity, the developer shall erect suitable brightly colored tree protection barricades, a minimum four feet tall, around all trees to be preserved and shall remain in place until the construction activities are completed. The area within the tree protection barricade shall remain free of all building materials, dirt or other construction debris, vehicles and development activities. Barricades shall be erected at a minimum distance from the base of the trees to be preserved according to the following standards: (1) For trees ten inches or less DBH. Tree protection barricades shall be placed a minimum distance of five feet from the base of each tree to be protected. Supp. No. 6 LDC14:2 TREE PROTECTION AND LANDSCAPING § 54-3-14.7 (2) For historic trees and trees greater than ten inches DBH. Protective barricades shall be placed at a minimum distance of ten feet from the base of each tree to be protected plus an additional one foot for each additional inch DBH greater than ten inches. Changes to grade or construction of impervious surface or utilities within the required protective barricade shall be permitted subject to the following guidelines: a. Changes in grade or construction within the protected zone must be approved by the city manager or his designee prior to beginning construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees. b. Impervious surfaces shall maintain minimum clearance from the bases of all trees to be protected. Trees fifteen inches DBH or less shall have a minimum clearance of six feet. Trees over 15 inches DBH up to 20 inches DBH shall have a minimum clearance of nine feet. Historic and trees over 20 inches DBH shall have a minimum clearance of 12 feet. C. All roots outside the protective barricade to be removed during construction shall be severed clean. d. All pruning of historic and specimen trees shall be done by a qualified tree service during construction. (c) Restriction of attachments to trees. It shall be unlawful to attach anything to a protected, historic, or specimen tree other than supportive wires, braces or other similar noninjurious materials. (d) Removal of material or ground prohibited. It shall be unlawful to remove any material or ground within a ten -foot radius of any historic or specimen tree without a clearing permit. (e) Restriction as to harmful materials. The developer or property owner shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a protected, specimen or historic tree within the dripline of such tree or groups of trees. (Ord. No. 0-05-18, § 6, 10-16-2005) Sec. 54-3-14.7. Tree removal, grubbing, and land clearing permits. (a) Grubbing. The application for a grubbing permit shall be filed with the city on forms furnished by the city manager or his designee. The application shall include a copy of the recorded deed indicating the current owner. The city shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. A grubbing permit does not authorize the removal of any protected, specimen, or historic trees, or mangroves. (b) Ree removal and land clearing permit. All lands within the city are required to obtain a permit for protected tree removal, grubbing or land clearing. The application for such a permit shall be filed with the building department on forms furnished by the city manager or his designee. Any applicant for a protected tree removal, grubbing or land clearing permit Supp. No. 6 LDC14:3 § 54-3-14.7 SEBASTIAN LAND DEVELOPMENT CODE must submit a plot/site plan showing the location of all protected, specimen and historic trees and which provides the city with reasonable assurances of compliance with the minimum tree requirements and the protection of historic or protected trees or mangroves. The plot/site plan that is submitted with an application for a protected tree removal, grubbing or land clearing permit shall include as a minimum the following information: (1) Location of all present and proposed structures, driveways, parking areas and other planned areas. (2) Location and kind of all protected trees, all specimen trees and all historic trees. (3) Recorded deed indicating the current owner. (4) Species and size of trees to be removed. The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. The following criteria for removal of protected trees shall be used: a. Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements. b. Necessity to remove trees which present a hazard to structures or other improvements. C. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. d. The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales. e. Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. f. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. g. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: 1. Need for access around the proposed structure for construction equipment (maximum of ten feet). 2. Need for access to the building site for construction equipment. 3. Essential grade changes. h. Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources. i. Must be removed in order for the applicant to use the property for any use permitted, conditional or special use for the zoning district in which the property is located and that such a use could not be made of the property unless the tree is removed. Alternative site plans shall be considered to determine if the specimen trees can be saved without the removal or damaging of the trees. Supp. No. 6 LDC14:4 TREE PROTECTION AND LANDSCAPING § 54-3-14.8 That the conditions of the tree with respect to disease, danger of falling or interference with utility services is such that the public health, safety or welfare require its removal. When there is a question of tree hazard, the building director may require documentation or certification from an arborist who has been certified by the International Society of Arboriculture. Upon making a finding that a reasonable balance of the factors above indicates that the public interest is best served by allowing removal, the city manager or his designee shall issue a land clearing permit for the removal of a protected tree. The tree(s) approved for removal shall be replaced as follows: i. Protected trees: On a ane -for -one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of eight feet and a minimum diameter of one and one-half inches or a circumference of 4.7 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. ii. Specimen trees: On a one-for-one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of 12 feet and a minimum diameter of two and one-half inches or a circumference of 7.8 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. iii. Sabal palms (Sabal palmetto, cabbage palms): Sabal palms having a clear trunk six feet or greater (measured from existing grade to bottom of lowest fronds) shall be replaced on a one-for-one basis by Sabal palms having at least six feet clear trunk, up to the number of trees required to meet the minimum tree requirements for new construction. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. Permitted activities may only be undertaken between the hours of S a.m. and 5 p.m., Monday through Friday, and not during holidays in which city hall is closed. In the event of questionable activities during other times, enforcement personnel shall order the activities to cease and desist until the matter can be resolved during regular business hours. (c) If any inspection of the site indicates the presence of gopher tortoises, the applicant shall be required to obtain the necessary permits from the State of Florida prior to issuance of a permit hereunder. (Ord. No. 0-05-18, § 7, 10-16-2005) Sec. 54-3-14.8. Residential landscaping requirements. All areas of residential lots not covered by a building or impervious surface shall be grassed, sodded, seeded or fully covered with landscape rocks, except for landscaped areas including Supp. No. 6 LDC14:5 § 54-3-14.8 SEBASTIAN LAND DEVELOPMENT CODE protected existing natural vegetation. Landscaped areas shall be mulched, rocked or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds, wetlands, or waterways are exempt from this requirement. Further, a yard may be exempted if the owner submits a landscape plan utilizing accepted principles of xeriscaping. (Ord. No. 0-05-18, § 8, 10-16-2005) Sec. 54-3.14.9. Residential tree requirements. (a) Required trees. 2-4 ...................................... (1) All residential lots shall have the following minimum number of trees: Lot size (sq. ft.) Minimum number of trees 10,000 or less ............................. Five trees 10,000 to 15,999 ........................... Seven trees 16,000 to 19,999 ........................... Twelve trees 20,000 to 29,999 ........................... Fifteen trees 30,000 to 39,999 ........................... Eighteen trees 40,000 or more ............................ Twenty trees (2) Required trees shall be equal to Florida grade number 1, or greater, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs. (3) wee credits. All existing trees that meet the following criteria maybe applied towards meeting the minimum number of trees as required in subsection (a)(1) above. a. Existing trees. Size (DBH in inches) Credit 2-4 ...................................... One tree Over 4-10 ............................... Two trees Over 10-20 .............................. Three trees Over 20 ................................... Five trees b. Sabal Palm trees may be utilized on a one-for-one credit basis. C. To encourage tree -lined streets, new trees, other than palms, planted in the front yard setback shall receive credits as outlined above. No more than two trees may be used for this requirement. d. Limitations. Citrus trees may be used, provided that none is less than four feet in height and the number shall not exceed three or comprise more than 25%, Supp. No. 6 LDC14:6 TREE PROTECTION AND LANDSCAPING § 54-3-14.10 whichever is greater, of the required minimum number of trees on the lot. If palms are used, they shall constitute no more than 35% of the total tree requirement and shall have a minimum of six feet of clear wood. (b) Certificate of occupancy. The required number of trees shall be planted prior to the issuance of a certificate of occupancy for new residences. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of trees to comply with the requirements in this section. Any tree which dies must be replaced within 30 days. (c) Maintenance requirements. Landscape areas shall be permanently maintained includ- ing watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconfor- mance, the city manager or his designee shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. (Ord. No. 0-05-18, § 9, 10-16-2005) Sec. 54-3-14.10. Commercial tree requirements. All multifamily, commercial, industrial and institutional sites shall meet the following requirements. (1) ?tees along public streets. One tree for each 25 lineal feet or fraction thereof along all public streets, with a minimum of two trees on any one street frontage. (2) Ree requirement along perimeter not adjacent to the right-of-way. One tree for each 35 lineal feet or fraction thereof of the perimeter of the property not adjacent to public streets. (3) Ree requirements for off-street parking areas. There shall be one tree for every five parking spaces or fraction thereof. (4) Ree specifications for open space. Open space shall include all required open space in this code, as identified in the approved site plan. Such open space areas shall not include water areas. This requirement may be modified or waived by the planning and zoning commission for open areas that are inappropriate for the introduction of trees. There shall be one tree per 2,000 square feet, or portion thereof, of open space. Supp. No. 6 LDC14:7 § 54-3-14.10 SEBASTIAN LAND DEVELOPMENT CODE (5) Location of tree plantings. Trees, as required above, should be spaced in clusters or situated in strategic locations consistent with good principles of design and plant installation with consideration for utilities, stormwater management, and potential root damage to sidewalks and vehicular areas. (6) Credit for existing trees. Credit shall be granted for exceptional quality trees which are preserved on a site and which meet the tree requirements of any landscaping provision of this article. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in this section. a. Existing trees: Size (DBH in inches) Credit 2-4 ...................................... One tree Over 4-10 ............................... Two trees Over 10-20 .............................. Three trees Over 20 ................................... Five trees b. Palm trees may be utilized on a one-for-one credit basis. Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree, vigorous health, large canopy cover, historic value, rareness, and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are in declining health. (Ord. No. 0-05-18, § 10, 10-16-2005) Sec. 54-3-14.11. Commercial landscaping requirements. (a) General requirements for landscaped areas. Landscaped areas shall include a combina- tion of the following types of materials: trees, shrubs, annuals and/or perennial plants, vines, and/or ground cover. No more than 50% grass shall be used in the landscape area. The use of existing native vegetation including ground cover, shrubs, and trees, is strongly encouraged. These standards shall also be used in conjunction with the installation of the required interior landscape off-street parking requirements established herein. The following are common planting design concepts that should be implemented whenever possible: (1) Trees used in informal groupings and rows at major focal points. (2) Extensive use of flowering vines both on walls and arbors. (3) The use of planting to create shadow and patterns against walls. (4) Trees to create canopy and shade, especially in parking areas. (5) The use of flowering trees in informal groups to provide color. (6) Informal massing of colorful plantings. Supp. No. 6 LDC14:8 TREE PROTECTION AND LANDSCAPING § 54-3-14.11 (7) Use of distinctive plants as focal points. (H) Berms, plantings, and low walls to screen parking areas from view of public right-of-way while allowing filter views of larger buildings beyond. (9) The use of trees and plantings to reduce the apparent mass of a building. Inanimate materials commonly used in landscaping such as, but not limited to organic mulches, rocks, pebbles, walls and fences, but excluding paved surfaces, may also be utilized in landscaped areas. Pervious, decorative paving materials and brick pavers may be used in the form of walkways or driveways through landscaped areas; however, off-street parking area paved with such materials shall not be considered landscaped areas. All landscape areas shall be covered by a minimum of 75% living plant material prior to issuance of the certificate of occupancy. If an existing landscape strip is provided on the adjacent lot, the required landscape strip may be reduced to five feet in width upon the recommendation of the planning and growth management director and approval of the planning and zoning commission. (b) Perimeter landscape strip. A landscape strip shall be provided on the entire perimeter of all multifamily, commercial, industrial and institutional property, except properties with zero -foot setbacks. The landscape strip shall be a minimum of ten feet in width; however, property having a width or depth of 50 feet or less, the required landscape strip may be reduced to five feet in width. Necessary accessways from public rights-of-way or adjacent parcels through such landscape strip shall be permitted. Landscape strips located in ease- ments may be adjusted upon the recommendation of the planning and growth management director and city engineer. Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. In all multifamily residential or commercial districts, the barrier, hedge, or landscape berm shall be a minimum of four feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along street rights-of-way shall be a minimum of three feet in height. In addition, there shall be a minimum of one shrub for each six lineal feet of the required landscape strip. Said shrubs may be planted in groupings. When the required perimeter landscape strip coincides with a required off-street parking or parking lot landscaping strip, the perimeter landscaping requirements shall prevail, except a continuous hedge shall be required. In no case shall a landscape strip be required to exceed ten feet in width. (c) Interior landscape requirements. (1) Off-street parking areas. Off-street parking areas shall be landscaped with a minimum of 15 square feet of landscape area for each parking space. Each landscape area shall be a minimum of 50 square feet in size. (2) Use of interior landscape strips. Interior parking landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area and to Supp. No. 6 LDC14:9 § 54-3-14.11 SEBASTIAN LAND DEVELOPMENT CODE prevent cross space driving wherever possible. Landscaping dividing strips, with or without walkways, shall be used to subdivide parking areas into parking bays with not more than 30 spaces, provided that no more than 15 spaces shall be in an uninter- rupted row. A portion of the required landscaping for interior parking spaces may be relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area. (d) Parking lot landscaping requirements. Landscaping shall be provided around the perimeter of off-street parking areas, loading areas, or other vehicular use areas pursuant to the following standards: (1) A landscape strip at least ten feet in width shall be located between the abutting property lines and parking, loading or other vehicular use area except where permitted driveway openings are to be provided. Where drainage or other utility easement exist along property lines, the landscape strip shall be located between the parking, loading or other vehicular use area and the utility or drainage easement. Landscape strips located in easements may be adjusted upon the recommendation of the planning and growth management director and city engineer. (2) A hedge shall be planted within the landscape area and shall be a minimum of three feet in height and form a solid and unbroken visual screen immediately upon planting. (3) Parked vehicles may overhang a landscape strip no more than 24 inches, provided curbing or other wheel stops are installed to insure no greater overhang of the landscape strip. Landscaping, walls, fences, and earthberms shall be so located as to prevent their damage and/or destruction by overhanging vehicles. (e) Specifications for living plant materials. (1) Trees. Immediately after planting, all trees shall be a minimum of eight feet in height, have a minimum diameter of one and one-half inches or a circumference of four and seven -tenths inches DBH, and shall have a minimum of five feet of clear trunk space if necessary to preserve a safe sight distance for traffic safety. Trees shall be of a species having an average mature crown of greater than 20 feet and having trunks that can be maintained with over six feet clear wood. Trees or palms having an average mature crown spread of less than 20 feet may be substituted by grouping the same so as to create the equivalent of a 20 -foot crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein. Fifty percent of the trees shall be native and drought tolerant. If palms are used, they shall constitute no more than 35% of the total tree require- ments for any provisions herein and shall have a minimum of six feet of clear wood. No tree species shall account for more than 50% of the total number of trees. (2) Shrubs and hedges. Shrubs and hedges shall be used to complement the tree planting. Individually planted shrubs shall be a minimum of 24 inches in height immediately after planting. Shrubs planted for required hedges shall meet the minimum height Supp. No. 6 LDC14:10 TREE PROTECTION AND LANDSCAPING § 54-3-14.11 requirements as established herein immediately after planting. Additionally, when- ever possible all shrubs and hedges shall be planted in offset rows in order to create a more immediate visual barrier. (3) Groundcovers. Groundcovers are plants that normally reach a mature height of no more than 24 inches. Rooted cuttings from flats shall be planted no more than 12 inches on center, and containerized woody shrub groundcovers shall be planted no more than three feet on center. Groundcovers shall be planted in such a manner as to present a finished appearance and 100% coverage within one year after the issuance of the certificate of occupancy. (4) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens and walls to meet physical barrier requirements. (5) Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. When grass seed is sowed it shall be a variety of seed that produces complete coverage within 90 days from sowing. (6) Quality. All plant materials shall conform to standards for "Florida No. 1" or better, as stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part II (1975), State of Florida, Department of Agriculture and Consumer Affairs, as amended. Grass sod shall be clean and reasonably free of noxious pests or diseases. (7) Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this article. (f) Existing native vegetation. The site plan shall include a description of the existing, natural vegetation. The natural vegetation should be incorporated into the landscape plan. Where such natural vegetation is to be used, protective barriers shall be installed prior to land clearing. (g) Protection of landscape strips. All landscape strips shall be protected from vehicular encroachment by raised curbing. Where such strips abut parking stalls, raised wheel stops shall be required to protect the landscape strips. (h) Berms. Berms are encouraged for use in meeting the landscape barrier requirements of this article. If berms are utilized, they shall be landscaped with living plant material to achieve the required heights. (i) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a Supp. No. 6 LDC14:11 § 54-3-14.11 SEBASTIAN LAND DEVELOPMENT CODE healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconfor- mance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. (Ord. No. 0-05-18, § 11, 10-16-2005) Sec. 54-3.14.12. Commercial landscape plan requirements. (a) Landscape plan components. A landscape plan shall be submitted to and approved by the growth management department as part of the site plan application. The landscape plan shall contain the following: (1) Name, address and phone number of the owner and landscape architect or other person with similar qualifications in the field of landscape design. (2) North arrow, scale and date; minimum scale of one inch equals 50 feet. (3) Property lines, easements and rights-of-way with internal and property line dimen- sions. (4) Location of existing or proposed underground and overhead utility service. (5) Location and size of any existing or proposed structures. (6) Location and size of any existing or proposed site features, such as earthen mounds, swales, fences, walls and water areas. (7) Location and size of any existing or proposed vehicular use areas. (8) Location and size of any existing or proposed sidewalks, curbs and wheel stops. (9) A description of the irrigation system as required by section 54-3-14.13. (10) Calculations of required type, dimensions and square footage of landscape material and of required landscape areas, including: Total site area, parking areas, percentage of nonvehicular open space, perimeter and interior landscape strips, and required number of trees. (11) Location, dimensions and square footage of required landscape areas. (12) Location, name, height and size of all existing plant material to be retained. (13) Location, size, height and description of all landscape material including name, quantity, quality, spacing and specified size and specification of all plant material. (14) Height, width, type, material and location of all barriers of nonliving material. (15) Location, dimensions and area of landscaping for freestanding signs. Supp. No. 6 LDC14:12 TREE PROTECTION AND LANDSCAPING § 54-3-14.13 (16) Show all landscaping, buildings or other improvements on adjacent property within five feet of the common property line. (17) If the site has been filled, identify what soil improvements will be implemented to ensure the viability of the landscaping. The landscaping plan shall be drawn by a landscape architect or other person with comparable qualification in the field of landscaping. (b) Review and approval procedure. Landscape plans shall be reviewed and approved at the time of site plan approval. A representative of the planning and growth management department shall inspect all landscaping and the certificate of occupancy shall not be issued until the landscaping is completed in accordance with the approved site plan and the requirements of this section. (Ord. No. 0-05-18, § 12, 10-16-2005) Sec. 54-3-14.13. Commercial irrigation standards. All multifamily, commercial, industrial, and institutional sites shall provide a permanent irrigation system for all landscape areas. (1) All irrigation systems shall be designed to avoid surface runoff, overspray, or similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, or structures. (2) Irrigation systems shall use drip, trickle, low flow sprinkler heads or any other recognized method of low volume, high efficiency irrigation and shall be designed to apply water uniformly over the irrigated area. (3) Irrigation systems design flows shall meet peak irrigation requirements of the plant material. (4) Sprinkler spacing should not exceed manufacturer's recommendations. (5) Special attention shall be given to avoid erosion due to runoff on slopes. (6) Rain sensing override devices shall be required on all automatic irrigation systems. Soil moisture sensing devices are encouraged. (7) For those sites where the installation of reclaimed water system is feasible and meets all regulatory requirements, such a system shall be installed. Where such reclaimed water is not available, well water should be used. Any irrigation system connected to the drinking water supply shall have a cross connection devices approved by the Indian River County Utilities Department. (8) A maintenance plan shall be provided. (Ord. No. 0-05-18, § , 10-16-2005) Supp. No. 6 LDC14:13 § 54-3-14.14 SEBASTIAN LAND DEVELOPMENT CODE Sec. 54-3-14.14. Screening and buffer yard requirements. (a) Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple -family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each 25 lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail. Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the planning and zoning commission to the requirements of this paragraph based on demonstrated need by the applicant. The site plan applicant and successors in ownership shall maintain the continuous screen in perpetuity. (b) Applicability of screenings. Any one of the following types of screening may be required by the planning and zoning commission or city council during the site plan review process, for the purpose of minimizing the impact of potentially objectionable areas such as parking lots, major thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal facilities, loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other. (c) Description of screening types. Three (3) basic types of screening are hereby established: Type "A", Opaque Screen; Type 'B", Semi -Opaque Screen; and Type "C, Intermittent Screen. (1) Type "A" opaque screen. An opaque screen is intended to completely exclude all visual contact between uses. The type "A" screen shall be completely opaque from the ground up to a height of at least six feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six feet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of planting, or field observation of existing vegetation. The six-foot opaque portion of the screen must be opaque in all seasons of the year. (2) Type 'B" semi-opaque screen. The semi-opaque screen is intended to partially block visual contact between uses. The type "B" screen shall be completely opaque from the ground to a height of at least three feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The Supp. No. 6 LDC14:14 TREE PROTECTION AND LANDSCAPING § 54-3-14.14 semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or any combination thereof which maintains a completely opaque screen of at least three feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of average mature height and density of foliage of the subject species, or field observation of existing vegetation. (3) Type "C" intermittent screen. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The type "C" screen shall utilize large trees having a mature height of at least 20 feet. The intermittent screen may be composed of fences, berms, and either existing or planted vegetation. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observations of existing vegetation. (d) General standards for screening and buffer yards. In addition to the commercial landscape requirements where the provisions of this article require screening or buffering, the following standards shall apply: (1) Landscaped buffer strip required. A landscaped buffer strip not less than ten feet in width shall be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with ground cover (preferably native species) in addition to the required screening materials and trees. The landscape strip shall contain no parking area or stormwater management. (2) Tree plantings required as intermittent obstructions. All screen types ("A", 'B", or "C") shall include one tree for each 25 lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens. The above trees are in addition to the trees required under the commercial tree require- ments above. All trees required by this provision shall be planted in the buffer strip. Trees shall be planted to maximize screening effect. (3) Grading of berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one foot vertical to three feet horizontal (1:3 slope) with a four -foot wide flat top for plantings. If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with plant material, preferably native, to achieve the required heights. (4) Quality and maintenance of plant materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of this article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. Supp. No. 6 LDC14:15 § 54-3-14.14 SEBASTIAN LAND DEVELOPMENT CODE (5) Credit towards other required landscaping. Where the landscaping provided under this section meets the requirements of other provisions of this Article, such landscap- ing may be credited toward fulfilling those requirements, with the exception of any required recreational open space. (6) Front yards, visibility triangles. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles. (7) Maintenance. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. (Ord. No. 0-05-18, § 14, 10-16-2005) Sec. 54-3-14.15. Exemptions to tree protection standards. (a) During the period of any emergency proclaimed by the governor of the State of Florida, the city council of the City of Sebastian or the mayor of the City of Sebastian as provided within the City Charter, all requirements of this article may be temporarily suspended by the city manager for the period of time required by private or city work forces to remove hazardous trees or clear public thoroughfares. (b) All properly licensed plant or tree nurseries shall be exempt from the provisions of this article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. (Ord. No. 0-05-18, § 15, 10-16-2005) Sec. 54-3-14.16. Screening and buffer yard requirements. (a) Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple -family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any Supp. No. 6 LDC14:16 TREE PROTECTION AND LANDSCAPING § 54-3-14.16 combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each 25 lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail. Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the planning and zoning commission to the requirements of this paragraph based on demonstrated need by the applicant. The site plan applicant and successors in ownership shall maintain the continuous screen in perpetuity. (b) Applicability of screenings. Any one of the following types of screening may be required by the planning and zoning commission or city council during the site plan review process, for the purpose of minimizing the impact of potentially objectionable areas such as parking lots, major thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal facilities, loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other. (c) Description of screening types. Three (3) basic types of screening are hereby established: Type "A", Opaque Screen; Type 'B", Semi -Opaque Screen; and Type "C", Intermittent Screen. (1) Type "A" opaque screen. An opaque screen is intended to completely exclude all visual contact between uses. The type "A" screen shall be completely opaque from the ground up to a height of at least six feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six geet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of planting, or field observation of existing vegetation. The six-foot opaque portion of the screen must be opaque in all seasons of the year. (2) Type 'B" semi-opaque screen. The semi-opaque screen is intended to partially block visual contact between uses. The type 'B" screen shall be completely opaque from the ground to a height of at least three feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or any combination thereof which maintains a completely opaque screen of at least three feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of average mature height and density of foliage of the subject species, or field observation of existing vegetation. Supp. No. 6 LDC14:17 § 54-3-14.16 SEBASTIAN LAND DEVELOPMENT CODE (3) Type "C" intermittent screen. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The type "C" screen shall utilize large trees having a mature height of at least 20 feet. The intermittent screen may be composed of fences, berms, and either existing or planted vegetation. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observations of existing vegetation. (d) General standards for screening and buffer yards. In addition to the commercial landscape requirements where the provisions of this ordinance require screening or buffering, the following standards shall apply: (1) Landscaped buffer strip required. A landscaped buffer strip not less than ten feet in width shall be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with ground cover (preferably native species) in addition to the required screening materials and trees. The landscape strip shall contain no parking area or stormwater management. (2) Tree plantings required as intermittent obstructions. All screen types ("A", "B", or "C") shall include one tree for each 25 lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens. The above trees are in addition to the trees required under the commercial tree requirements above. All trees required by this provision shall be planted in the buffer strip. Trees shall be planted to maximize screening effect. (3) Grading of berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one foot vertical to three feet horizontal (1:3 slope) with a four -foot wide flat top for plantings. If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with plant material, preferably native, to achieve the required heights. (4) Quality and maintenance of plant materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of section 54-14.11.(e)(6). of this ordinance. No plant species prohibited pursuant to section 54-14.5 shall be permitted in satisfying requirements of this article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. All landscape screening and buffering shall be maintained pursuant to requirements of section 54-14.16 of this ordinance. (5) Credit towards other required landscaping. Where the landscaping provided under this section meets the requirements of other provisions of this ordinance, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space. Supp. No. 6 LDC14:18 TREE PROTECTION AND LANDSCAPING § 54-3-14.16 (6) Front yards, visibility triangles. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles. (7) Maintenance. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconfor- mance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. Sec. 54-3.14.17. Reserved. Editor's note Ord. No. 0-05-18, § 16, adopted Oct. 16, 2005, relocated § 54-3-14.17 to § 2-240 of the Sebastian Code of Ordinances. Supp. No. 6 LDC14:19 RIVERFRONT OVERLAY § 54-4-21.A.5 SEBASTIAN LAND DEVELOPMENT CODE (h) Garden walls: The garden walls of the principal building shall be constructed of either wood, wrought iron, or PVC lattice, or shall conform to the construction materials of the principal building, including stone, brick, and stucco. Chain link fence concealed by landscap- in; ay be used along the side and rear of the property. No simulations shall be permitted. Z (i) �cessory buildings: Accessory structures, including sheds, out -build ngs, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility sheds and temporary car canopies are prohibited. Sec. 54-4-21. _ Colors. (a) Intent. The�*nt is to use colors that complement the adopted "Old Florida Fishing Village" theme. Bright'and garish colors, as a means of attracting attention to a business are not characteristic of the Riyerfront District and are not compatible with this code's objectives. .y (1) Whites, earthtones, and subdued greys are encouraged. These colors can be described as being "softer", "older '% "subdued", and "antique looking". (2) Fluorescent and bright colors are prohibited.,,,; (b) Color standards. All buildings *d accessory structures within the Riverfront Overlay District shall be limited to the colors list d in the Overlay Districts master color list. (c) Roof colors (requirements for roofs that, are visible from a roadway): Metal roof colors shall consist of natural mill finish, white, light neutral colors in the warm range, and a limited number of earth -tone colors. Mixing or alternating colors of metal panels is prohibited. For remaining roofs, the following shall di9tate: Other than natural variations in color or color blends within a tile, the mixing or alternating of roof color, in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glazed, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs (d) Natural finish materials: The color requirements listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood finishes. Colors commonly found in natural materials are encouraged, unless such material has been artificially colored in a manner which would be contrary to the intent of this code. (e) Awning colors: Awning colors shall be consistent with item (a) above. w� (f) Overlay District master color list. The Overlay Districts master color list and `approved color board hall be maintained and made available by the planning and growth management staff. Th q list can be mailed or faxed upon request. Sec. 54-4-21.A.7. Landscape requirements. (a) Purpose: The purpose of the Riverfront District Landscape Code is to emphasize the impact of landscape design and maintenance on the health of the Indian River Lagoon and to enhance the beauty of the Riverfront District. LDC21:12 PERFORMANCE OVERLAY DISTRICTS § 54-4-21.A.7 (b) Intent: The intent of the Riverfront Landscape Code is to promote wise landscape design that can benefit the Indian River Lagoon with reduced irrigation, fertilization, and pest control needs. (1) Encourage the use of native plants. Large oaks and cabbage palms are among the many native plants which can give the feel of "Old Florida Fishing Village". Native plants properly sited can minimize maintenance costs and compliment the historic appeal of the Riverfront District. (2) Put the right plant in the right place. Encourage the use of plants suited to the soil conditions rather than the use of soil amendments. (3) Native plant list. This list of native plants is intended to assist the landowner in choosing indigenous landscaping that will have a minimal impact on the Indian River Lagoon. (c) Requirements: All development in the Riverfront District shall comply with the landscaping requirements as described in article XIV and shall comply with the following additional requirements: (1) Landscape strips. a. The width of the perimeter landscape strips shall be determined by the required front, side and rear setbacks as described in the underlying zoning district. For residential uses, the perimeter landscape strips shall be 25% of those setbacks. For community facilities and commercial uses, the perimeter landscape strips shall be 50% of those setbacks, but not less than ten feet. When a zero front setback is allowed and is used, a front perimeter landscape strip between the building and the property line is not required. b. Required perimeter and interior landscape strips shall not be used for any other uses including stormwater management. C. No more than 25% of the required perimeter and interior landscape strips shall be covered in sod or grass. d. All required perimeter and interior landscape strips not sodded or grassed shall be covered in recycled or environmentally friendly mulch. Lava rocks or other dark rocks may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is encouraged for use in the required perimeter and interior landscape strips. e. Within the perimeter landscape strips, the following landscaping shall be provided per 100 (lineal feet): 1. Five canopy trees. 2. Six understory trees. 3. Continuous hedge: Three to three and one-half feet high at planting. NOTE: The hedge shall provide a visual screen three feet high above the grade of the project site parking area. Hedge material shall provide full screening to the LDC21:13 § 54-4-21.A.7 SEBASTIAN LAND DEVELOPMENT CODE ground; therefore, myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the hedging shall provide a three-foot visual screen, subject to city sight distance requirements. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (2) Foundation plantings. Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the commercial, industrial and mixed use zoning districts, foundation planting strips shall be exempt for sides of buildings not fronting on a residentially designated area, or public or platted road. a. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Foundation Planting Building Height Strip Depth' Up to 12 feet high 5 feet depth 12 feet to 25 feet high 10 feet depth Over 25 feet high 15 feet depth ' A distance measured perpendicular to the building, from the foundation outward. b. Within such foundation planting landscape strips, the following landscaping shall be provided: 1. 40% of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: Building Height Landscape Specifications Minimum plant material re- • 1 palm tree or appropriate canopy tree for every 10 lineal quired: feet of planting strip (clustered) • 1 understory tree for every 20 lineal feet of required planting strip. • 3 shrubs for every 10 square feet of required planting area. • Ground cover, flowering plants or sod in the remaining planting area For buildings of 12 to 25 feet in • 10 feet minimum planting area depth height: • 1 canopy tree for every 10 lineal feet of planting strip (3 palms with a minimum height of 12 feet each may be substituted for each canopy tree). • 1 understory tree for every 20 lineal feet of required planting strip. LDC21:14 / PERFORMANCE OVERLAY DISTRICTS § 54-4-21.A.7 Building Height Landscape Specifications • 3 shrubs for every 10 square feet of required planting area. • Ground cover, flowering plants or sod in the remaining planting area For buildings over 25 feet in • 15 feet minimum planting area depth height: • 1 canopy tree for every 7 lineal feet of planting strip (3 palms with a minimum height of 16 feet each may be substituted for each canopy tree). • 1 understory tree for every 10 lineal feet of required planting strip. • 3 shrubs for every 10 square feet of required planting area. • Ground cover, flowering plants or sod in the remaining planting area 2. The following modifications are allowed upon approval from the planning and growth management director or other designee: i. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), drive- ways, and vehicular areas serving drive -up windows. ii. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by the required foundation planting area. (d) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a 100% increase (doubling) in required plant material quantities (as specified above). (e) Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special Riverfront corridor plan requirements for projects within the corridor shall have a minimum height of 12 feet and minimum spread of six feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk height of 12 feet. (f) Other requirements. For parcels east of Indian River Drive, the landscape plan shall include a description of the existing and proposed shoreline and wetland vegetation. (g) Native plants for the Sebastian riverfront district. Native plants can help to preserve and foster the feeling of an "Old Florida Fishing Village". These plants are well -adapted to Florida life and, properly sited, thrive with minimal irrigation, fertilization, and pest control. The Association of Florida Native Nurseries can assist with availability information. The following plants are encouraged in the Riverfront District. LDC21:15 § 54-4-21.A.7 SEBASTIAN LAND DEVELOPMENT CODE Canopy Trees Red maple ............................................. Acer rubrum Paurotis palm .......................................... Acoelorraphe wrighth Southern red cedar ..................................... Juniperus silicicola Southern magnolia ..................................... Magnolia grandiflora Red mulberry .......................................... Morus rubra Redbay................................................ Persea borbonia Sand pine .............................................. Pinus clausa South Florida slash pine ................................. Pinus elliottivar. densa Live oak ............................................... Quercus virginiana Sabal palm ............................................. Sabal palmetto Cypress ................................................ Taxodium sp. Hercules club ........................................... Zanthoxylum clava-herculis Understory trees Tough bumelia......................................... Bumelia tenax Buttonwood ............................................ Conocarpus erectus Coralbean .............................................. Erythrina herbacea Florida privet .......................................... Forestiera segregata Dahoon holly ........................................... Ilex cassine Black ironwood ......................................... Krugiodendron ferreum Simpsons stopper ....................................... Myrcianthes fragrans simpsoni Wax myrtle ............................................ Myrica cerifera Sand live oak ........................................... Quercus geminate Shrubs/hedges Beautyberry............................................ Callicarpa americana Jamaica caper .......................................... Capparis cynophallophora Fiddlewood............................................. Citharexylum fruiticosum Seagrape............................................... Coccoloba uvifera Varnish leaf ............................................ Dodonaea viscosa Firebush............................................... Hammelia patens Florida privet .......................................... Forestiera segregata Yaupon holly ........................................... Ilex vomitoria Simpsons stopper ....................................... Myrcianthes fragrans simpsoni Wild coffee ............................................. Psychotria nervosa Needle palm ............................................ Rhapidophyllum hystrix Saw palmetto .......................................... Serena repens Necklace pod ........................................... Sophora tomentosa Walters viburnum ...................................... Viburnum obovatum Spanish bayonet ........................................ Yucca aloifolia LDC21:16 PERFORMANCE OVERLAY DISTRICTS § 54-4-21.A.8 Canopy Trees Ground covers Beachbean ............................................. Golden creeper ......................................... Yellowtop.............................................. Blanket flower .......................................... Beach dune sunflower ................................... Spiderlily .............................................. Dwarf yaupon holly ..................................... Beach morning glory .................................... Beachelder ............................................ Coral honeysuckle ...................................... Muhlygrass ............................................ Bostonfern ............................................ Wild petunia ........................................... Redsage ............................................... Spiderwort............................................. Coontie................................................ Along the shoreline Giant leather fern ...................................... Black mangrove ........................................ Sea -oxeye daisy ......................................... Railroad vine ........................................... White mangrove ........................................ Christmas berry ........................................ Red mangrove .......................................... Cordgrass.............................................. Canavalia rosea Ernodea littoralis Flaveria linearis Gaillardia pulchella Helianthus debilis Hymenocallis latifolia Ilex vomitoria var Schellings Ipomoea pes-capre Iva imbricata Lonicera sempervirens Muhlenbergia capillaris Neprolepsis biserrata Ruellia caroliniensis Salvia coccinea Tradescantia ohiensis Zamia pumila Acrostichum danaeifolium Avicenna germinans Borrichia frutescens Ipomoea pes-capre Laguncularia racemosa Lycium carolinanum Rhizophora mangle Spartina sp. (h) Approval for changes of landscape plan required: Any change of a landscape plan in the Riverfront District, originally required to comply with these landscape requirements, shall require review and approval by the growth management department. Such changes shall include, but not be limited to, changes of plant material, height, location, colors, or hardscape materials. Routine maintenance and replacement of materials which does not affect the approved landscape plan shall be exempt from this paragraph. Sec. 54-4.21.A.S. Sign regulations. (a) Scope: These special regulations consist of additional requirements above and beyond the city's sign ordinance and shall supersede any less restrictive provisions found in the sign ordinance. All signage shall comply with the requirements of the sign ordinance except as modified by these special sign regulations. All signs within the district are intended to be consistent with and further the "Old Florida Fishing Village" theme. LDC21:17 CR512 OVERLAY PERFORMANCE OVERLAY DISTRICTS § 54-4-21.13.5 U of metallic colors (i.e.: gold, silver, bronze, chrome, and other extra dinarily brig colors) and use of garish colors, such as fluorescent colors (e. .hot pink, shockin yellow), is prohibited. Trim colors shall not exceed ten percent f the surface area of an one building facade elevation. (4) Roof colors (requirements for roofs that are visible from a rodwa ndlor residentially designated area). These colors consist of natural mill finish, w e, lig aht neutral colors in the warm rang blue, and a limited nuIrs t -tone colors. Mixing or alternating colors of etal panels is prohibi-metal roofs, other than natural variations m co tyr, or color blends wite mixing or alternating of roof color in the same roof Iaterial is prohibited color blends shall not be contrary to the intent of this b�d,e. Color for ros glared, slurry coated, or artificially colored on the surfabig by any othell be limited to the same colors as approved for metal roofs`i, , (5) Natural finish materials. The color regiments listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood. Color commonly found in natural materials are ac ptable, unless such material has been artificially colored in a manner which w d be contrary to the intent of these requirements. Black, gray, blue, or extremely dark colors for brick.,concrete masonry units, roofing, wood or stone is prohibit,�d. This provision shall not prohibit the use of colors for natural finish roofing mdterials that match those colors approved for metal roofs. (6) Awning colors. Awnging colors may include base building colors and/or secondary building colors a0or trim colors. However, secondary building colors and trim color area used for a nmgs shall be included in the percentage limitation on the secondary building col and trim color surface area of a facade. (7) Overlay District master color fist. The Overlay Districts master color list' d approved color toard shall be maintained and made available by the planning a d growth management staff. The list can be mailed or faxed upon request. Sec. 54-4-21.B.5. Landscaping. The city landscaping requirements of article XIV apply except as noted herein. (a) Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special CR 512 corridor plan requirements for projects within the corridor shall have a minimum height of 12 feet and minimum spread of six feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of 12 feet. (b) CR 512 and thoroughfare plan road buffer. Within the corridor plan area, the following landscape buffer shall be provided along the entire length of a site's CR 512 frontage, except for approved driveways: LDC21:29 § 54-4-21.B.5 SEBASTIAN LAND DEVELOPMENT CODE ' NOTE: The hedge and berm combination shall provide a visual screen four feet high above the grade of the project site parking area. Hedge material shall provide full screening to the ground; therefore, a mix of myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four -foot visual screen, subject to city sight distance requirements. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than 24 inches on center along the length of the buffer strip, to form a hedge that appears continuous as viewed from the roadway being buffered. Berms shall have a slope no steeper than three horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the planning and growth management director or his designee. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. Hedge plantings may be asymmetrical, and a buffer wall not to exceed four feet in height except as specified below, is allowed within the middle one-third of the buffer strip's width (measured perpendicular to the road being buffered) if landscaping material is planted on each side of the wall. (c) Special buffer for multifamily projects. Multifamily projects shall provide the CR512 and thoroughfare plan road buffer as described above, with the additional requirement that the buffer shall include a six-foot opaque screen consistent with specifications in LDC21:30 Minimum PlantinglBerm CR -512 Frontage Buffer Depth Requirements per 100' Over 400 feet 10 feet 5 canopy trees 6 Understory trees Continuous hedge': 2.5-3 feet high at plant- ing Berm: 1'-1.5' high' 250 to 400 feet 10 feet 4.5 Canopy trees 5.5 Understory trees Continuous hedge': 1.5-2.5 feet high at plant- ing Berm: 1.5'-2.5' high Less than 250 feet 10 feet 4 Canopy trees 5 Understory trees Continuous hedge': 1.5-2.5 feet high at plant- ing Berm: 1.5 '-3' high' ' NOTE: The hedge and berm combination shall provide a visual screen four feet high above the grade of the project site parking area. Hedge material shall provide full screening to the ground; therefore, a mix of myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four -foot visual screen, subject to city sight distance requirements. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than 24 inches on center along the length of the buffer strip, to form a hedge that appears continuous as viewed from the roadway being buffered. Berms shall have a slope no steeper than three horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the planning and growth management director or his designee. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. Hedge plantings may be asymmetrical, and a buffer wall not to exceed four feet in height except as specified below, is allowed within the middle one-third of the buffer strip's width (measured perpendicular to the road being buffered) if landscaping material is planted on each side of the wall. (c) Special buffer for multifamily projects. Multifamily projects shall provide the CR512 and thoroughfare plan road buffer as described above, with the additional requirement that the buffer shall include a six-foot opaque screen consistent with specifications in LDC21:30 PERFORMANCE OVERLAY DISTRICTS § 54-4-21.13.6 article XIV. Where a wall or fence is used, such wall or fence shall be located with the middle one-third of the buffer strip's width (measured perpendicular to the road being buffed), and landscaping material shall be planted on each side of the wall or fence. (d) Landscape islands. Landscape islands shall be backfilled at least to the top of curb or protective barrier, and may be bermed to a maximum height of 24 inches above the adjacent parking lot grade. Sec. 54-4-21.B.6. Special sign regulations. (a) Scope. These special regulations are in addition to the city's sign ordinance and shall supersede any less restrictive provisions found in the sign ordinance. All signage shall comply with the requirements of the sign ordinance except as modified by these special sign regulations. (b) Approval or change of sign design required. Any exterior change to CR 512 Overlay District signage shall require review and approval by the planning and growth management department. Such changes shall include, but not be limited to, changes of sign area (square footage), sign copy area (square footage), sign copy (this does not apply to "changeable copy" signage), height, shape, style, location, colors, materials, or method of illumination. Routine maintenance and replacement of materials which does not affect the approved design shall be exempt from this review and approval. Changes to signs not originally required to comply with these special sign regulations are addressed in the "nonconforming signs" section of these regulations. (c) Prohibited signs. The provisions stated herein are in addition to prohibitions listed in article XVI, Signage and Advertising. The following are prohibited: (1) Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for time -temperature -date signs. Public signs permitted pursuant to article XVI, Signage and Advertising provisions, are excluded from this prohibition and are allowed. (2) Electronic message boards and message centers, electronic adjustable alternation displays, or any sign that automatically displays words, numerals, and/or characters in a programmed manner. Traffic regulatory and directional signs permitted pursuant to article XVI, Signage and Advertising provisions, are excluded from this prohibition and are allowed. (3) Portable or trailer style changeable copy signs, excepting approved special event signs. (4) Signs with the optical Illusions of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. (5) Strings of light bulbs used on nonresidential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year. (6) Signs that emit audible sound, odor, or visible matter, such as smoke or steam. LDC21:31 § 54-1-2.4 SEBASTIAN LAND DEVELOPMENT CODE drainage, water and wastewater facilities, and all required community facilities, and all other needed public improvements; and forward to the city council written recommendations on such matters; Consider, review and make recommendations concerning studies of city public land needs and recommend site acquisition for the same, including development plans and requisite facilities; j. Annually prepare, in conjunction with the city engineer, a list of the capital improvements recommended for construction during the next fiscal year and the four-year period following it, showing recommended order of priority thereof, the year recommended for beginning construction, the year recommended for com- pleting construction, and the estimated costs thereof; k. Carry out powers of site plan review as stipulated in article XVIII of the land development code; Perform any other duties, which lawfully may be assigned to the commission. In performing functions set forth in section 54-1-2.4, the planning and zoning commission shall act only in an advisory capacity to the city council. When the planning and zoning commission reviews and recommends actions regarding a major site plan approval as defined in article XVIII, the decision of the planning and zoning commission shall be final, unless said decision is appealed to the city council within ten days of the decision, as provided for in the land development code. (e) Appropriation of funds. The city council shall appropriate funds necessary for expenses incurred by the planning and zoning commission in its performance of the above listed functions. The planning and zoning commission shall not have the power to contract with private or governmental persons or entities, or to commit or expend funds of the city. (f) Rules of procedure. The planning and zoning commission shall establish and adopt rules of procedure, which shall include, but not be limited to, election and duties of officers; meeting schedule, time, and place; establishing order of business and method of transaction; procedure for action and voting by members; conduct of public hearings; rules of conduct; parliamentary procedure; maintenance of records; and method of amending same. (1) Officers. From among its members the elect a and a vice and zoning commission at the first reeular n commission held at the beginning of each calendar year. Menever possible, the persons selected as the chairperson and vice chairperson of the commission shall have served two years as a regular member of the commission and shall have attended at least 90% of the meetings)f the planning and zoning commission which such member was not otherwise excused from attending by the chairperson at such meetings of the commission. The planning and growth management director shall appoint a city employee to serve as secretary to the planning and zoning commission and take minutes of the meetings of the commission. LDC2:10 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS ADDRESS [MOST RECENT HISTORY FIRST] John McManus Took Paul's expired regular member Term to expire 11/1/2017 1295 Sebastian Lakes Drive position 11/19/14 Sebastian, FL 32958 Bmcmanus20@bellsouth.net Took Dyer's expired alternate member position 10/09/13 589-0013 Rick Carter Took Cardinale's expired regular Term to expire 4/1/2017 237 Main Street member position 4/27/11 Sebastian, FL 32958 focussys(a)comcast.net Took Durr's unexpired all member 918-4600 position 2/9/11 Reappointed 3/26/14 Tahir (Bash) Qizilbash Took Paul's expired regular member Term to expire 5/1/2017 103 Barbara Court position 4/27/11 Sebastian, FL 32958 Reappointed 3/26/14 Bash.oesOgmail.com 581-0775 Domenic Durr 542 Quarry Lane Re -appointed 1/22/14 Term to expire 2/1/2017 Sebastian, FL 32958 ddomf0hotmail.com (412) 381-1701 Took Srinivasan's expired regular member position 2/9/11 Reappointed alt member 1/26/11 Took Hepler's unexpired alternate member position 12/16/09 David Reyes Re -appointed 6/13/12 Term to expire 6/1/2015 458 Oak Street Sebastian, FL 32958 Took Simmons unexpired regular Jdr5347co)att.net member position 3/1/11 453-6157 Took Neuberger's unexpired alternate member position 7/14/10 Joel Roth — Vice Chair Re -appointed 4/24/13 1984 E. Lakeview Drive Term to expire 5/1/2016 Sebastian, FL 32958 Re -appointed 5/12/10 ioelrothOmsn.com 589-6894 Took Buchanan's unexpired regular member position 1/27/10 W Ed Dodd — Chair 906 Fleming Street Sebastian, FL 32958 eddodd62(a)comcast. net 388-5440 Reappointed 10/23/13 Reappointed 11/17/10 Took Allocco's unexpired regular member position 12/12/07 Term to expire 11/1/2016 Alternate Took McManus' unexpired alternate Al Alvarez member position 11/19/14 Term to expire 11/1/2016 492 Quarry Lane Sebastian, FL 32958 alalvarez(a)aol.com 532-8767 Alternate Reappointed 1/8/14 Louise Kautenburg Term to expire 1/1/2017 973 Oswego Avenue Took Hennessey's unexpired alternate Sebastian, FL 32958 member position 3/14/12 Louisekl aiuno.com 696-3716 School Board Member: Mrs. Dale Simchick Work address: 1990 25'h Street, Vero Beach, FL 32960 772-584-9901 (School District mobile phone) Email: dale.simchickaindianriverschools.org No code provision as to staff liaison. Community Development Director serving as staff liaison. LDC 54-1-2.4 provides Director shall appoint secretary. Recording Secretary Dorri Bosworth 79