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HomeMy WebLinkAbout10-03-2019 PZ AgendaSE�TuW HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY THURSDAY, OCTOBER 3, 2019 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES Regular meeting of August 15, 2019 (tabled from 9/5/19) Regular meeting of September 5, 2019 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex -parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — Recommendation to City Council — Code of Ordinance & Land Development Code Amendments — Ordinance 0-19-07 — Amending the Code of Ordinances, Chapter 86, Article III, by establishing a definition for "Recycling Materials"; and amending the Land Development Code, Article XXII — Language and Definitions, by establishing a definition and land use classification for "Recycling or Materials Recovery Facilities"; and amending Article V — Zoning District Regulations, by establishing Recycling or Materials Recovery Facilities as conditional uses in the Industrial Zoning District; and amending Article VI — Conditional Uses Criteria, by establishing specific conditions for Recycling or Materials Recovery Facilities UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS None 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS: 12. STAFF MATTERS 13. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.citvofsebastian.ora unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule 1 2 CITY OF SEBASTIAN PLANNING & ZONING COMMISSION MINUTES SEPTEMBER 5, 2019 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. Pledae of Alleaiance was recited by all. 3. Roll Call Present: Mr. Roth Ms. Kautenburg Mr. Carter Mr. Reyes Not Present: Mr. Simmons (a) -- Excused Mr. Hughan -- Excused Absent: Mr. Qizilbash -- Excused Mr. Alvarez -- Absent Mr. Mauti (a) -- Absent Also Present: Mr. Jim Stokes, City Attorney Ms. Lisa Frazier, Community Development Director Ms. Janet Graham, Technical Writer Ms. Mara Schiff, Indian River County School Board liaison, was not present. 4. Announcements and/or Aaenda Modifications 06 E ~ CL o- M P 1 ':Y = C � 20 ® ® p 0 asa` C/5 CK Q ¢inn Ms. Kautenburg announced that Mr. Simmons, Mr. Hughan, and Mr. Qizilbash are all excused. Mr. Mauti, who is an alternate, and Mr. Alvarez were not present. 5. ADDroval of Minutes: A. Regular Meeting of August 15, 2019. Ms. Kautenburg asked if the Commission members had had a chance to review the Minutes from August 15, 2019. Mr. Carter stated he had not received his copy. Mr. Reyes stated he had just received his copy today. Mr. Stokes stated that, since not everyone had had a chance to review those Minutes, that matter could be added to the next meeting agenda. Mr. Stokes recommended entertaining a motion to defer the approval of the August 15, 2019 Minutes until the next meeting. PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2019 A motion to defer approval of the August 15, 2019 meeting Minutes until the next meeting was made by Mr. Roth, seconded by Mr. Carter, and approved unanimously by voice vote. 6. Quasi -Judicial and Public Hearinas -- None 7. Unfinished Business A. Tabled from 8/15/19 Meeting -- Recommendation to City Council -- Review of Capital Improvement Program (CIP) and Capital Outlay Items Greater than $50,000 -- 6 -Year Schedule FY 2019/2020 through 2024/2025 Ms. Kautenburg called on staff to make their presentation. Mr. Ken Killgore identified himself as the Chief Financial Officer for the City of Sebastian. He stated that once a year he comes before the Commission and briefs them on the proposed Capital Improvement Plan for the next six years. All the projects that are proposed for that time period are outlined. He reviewed that he had had a question about a change in the organization. He distributed an updated organizational chart to members of the Commission (SEE ATTACHED). Mr. Killgore reviewed the new organizational chart and pointed out the changes to it. There has been a position of City Engineer created. This position, when someone is hired, will handle the Roads Division and the Stormwater Division. Public Facilities encompasses all the other divisions that in the past were covered by Public Works. A new title and department have been created called Leisure Services, which covers the park facilities and recreation programs. The Leisure Services title is more in keeping with the current name in other municipalities for the parks and recreation departments. Mr. Carter asked if there is any time frame for the hiring of a City Engineer. Mr. Killgore reviewed that the Selection Committee has interviewed four or five applicants and decided that those applicants were not a good fit for Sebastian. So they continue to search for applicants. Mr. Reyes asked if the City presently has consulting engineers. Mr. Killgore stated there are two firms that are on call for the City to use, and that has been working well. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2019 Mr. Killgore reviewed that he had given the Commission a packet containing detailed information about the CIP. He then made a PowerPoint presentation describing in detail the major projects that are proposed (SEE ATTACHED). He then called for questions or comments/suggestions from the Commission members. Mr. Reyes: • Regarding the golf tees, he understood that the golf course was redone not too long ago. Mr. Killgore stated that work was focused on the greens and the irrigation system, but not the actual tees. • Asked about the public facilities compound that is proposed to be constructed on the airport property. He also asked what the plans are for the property where the public facilities department is presently located. Mr. Killgore stated he is not aware of any plans for that property. • Is of the opinion that the City is not spending enough on stormwater projects. He also stated that the swales are not being kept clear. • Stated his company is providing lots of training for their employees and that computer system protection is a very big deal to everyone. A breach can cripple a small business immediately. • Regarding the benches and memorials, he stated those memorials are very important to the families involved. He likes to see them. Mr. Roth: • Under General Government Funding, he inquired about the item 'Remote Access Firewall," a $40,000 expenditure next year. He asked Mr. Killgore what is being done by the City regarding ransomware, etc. Mr. Killgore stated that some of the descriptions in the report are vague, such as network infrastructure. Mr. Roth is very concerned about protection against ransomware. Mr. Killgore explained that most of the instances where a network is infiltrated by an unauthorized entity happen because of human error, i.e., someone opens an email that contains the virus before being certain they know where it is coming from. He described an example of an email that was supposedly sent by him to City departments. For the most part, employees verified if the email containing the link was actually coming from him, but there were also several instances that the emails were not verified as valid. He stated City employees and staff are attending seminars and focusing on training so as to be as careful as possible. Presently there is a warning that appears across the top of the screen when an email comes from an outside source, and hopefully that will help. Mr. Roth likes the training idea. • Concerning the Public Facilities Department, the benches, seats and monuments item, he understands that is in the planning stages, $20,000 for next year. He inquired whether staff looks for the most beneficial areas to place these items. PLANNING & ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2019 Mr. Killgore explained how the funds for that department are divided up into four zones within the City, and the funds are allocated that way. • Regarding the community center offices, he inquired whether there will possibly be added staff, and the offices may need more space. Mr. Killgore stated there is an engineer looking at it to see what can be done there to make some improvements. Mr. Carter: • Stated he is very concerned about computer system protection against hackers. • Commended Mr. Killgore on his presentation of what is in the Capital Improvement Budget. Ms. Kautenburg: • Is pleased with the Leisure Services designation. • Inquired about how much time is left on the CRA plan. Ms. Frazier stated she believes the last update was in 2004, so that plan is viable until approximately 2044. • Is glad to see a set-aside for the sea walls. • Regarding Leisure Services, she recalls there was talk about a parks master plan, and she assumes Leisure Services will be part of that endeavor. Ms. Frazier reviewed that the Treasure Coast Regional Planning Council assisted the City in the last year or so in updating the City's Comprehensive Plan for recreation and open space and creating the whole interactive map. So when the Comprehensive Plan is updated, that will be included. • Regarding this Commission's visions for the future, she does have some suggestions for the CR 512 east and west corridors when that matter is addressed. • Inquired if staff knows what the average City employee who is a daily worker hires in at. Mr. Killgore stated he does not have that information. Ms. Frazier stated that if one looks at this year's budget online, it sets forth the different departments and how many employees are included and what amount is budgeted for the different departments. Ms. Kautenburg's concern is about the affordability of housing within the City for the people who work in the City. • Thanked Mr. Killgore for his report. Regarding internet protection, Mr. Killgore stated the City is trying to be very diligent. They pay close attention to the backup facilities. Several of the City's applications are on the cloud now, so there are ways to recover data in most instances. Mr. Killgore suggested changing the appearance of the warning from time to time in order to draw attention to it. Ms. Kautenburg asked for any further questions/comments. Hearing none, she called for PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2019 a motion. A motion to recommend to City Council the proposed Capital Improvements Program with no changes was made by Mr. Carter and seconded by Mr. Roth. Roll Call Mr. Roth -- Yes Mr. Reyes -- Yes Vote was 4-0 in favor. Motion carries. 8. Public Input -- None 9. New Business -- None 10. Commissioners Matters Mr. Carter -- Yes Ms. Kautenburg -- Yes Mr. Carter: • Addressed the problem of not receiving the agenda packets for the meetings in a timely manner. This seems to be a recurring problem. Ms. Frazier addressed this matter. Staff emails the packets to the Commission members, and she realizes not everyone has the capabilities to print them out. After much discussion, Ms. Frazier stated that the emailing will continue. US mail does not seem to be working very well, so the mailings will be discontinued. Ms. Frazier stated the packets can be delivered by City staff, but they will also be available to be picked up at City Hall. Mr. Carter stated it is impossible for him to pick up the agenda packets because he is out of the City during business hours. Mr. Roth: • Stated he had not yet received this meeting's agenda packet even up to this morning. He suggested that, if the packets are ready on Friday morning, staff send an email out to the members as soon as they are ready stating that, if Commission members do not contact staff by noon on Friday, the packets will be delivered to those from whom staff has not heard back. Mr. Reyes: • Inquired if a family member or representative will be able to pick up the agendas, as he works out of the City also during business hours. Ms. Frazier stated that would probably be possible if that person has ID. PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2019 • Suggested that a PDF copy of the agendas be available on the monitors for the meetings. • Stated an issue with the drainage easements not being mowed regularly, and he would like the City to see that the contractor for this work fulfills its duties. Ms. Frazier stated staff would look into this matter and attempt to come up with a plan that works for all. 11. Citv Attornev Matters -- None 12. Staff Matters -- None 13. Adjourn -- Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 6:51 p.m. 19 CROF SEBASTM HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Proposed Amendments to the Code Of Ordinances, Chapter 86, Article III, Definition For "Recyclable Materials"; and Amendments to the Land Development Code, Article XXII— Language and Definitions for "Recycling or Materials Recovery Facilities'; and Amendments to Article V - Zoning District Regulations by establishing Recycling or Materials Recovery Facilities as Conditional Uses in the Industrial Zoning District; and Amendments to Article VI — Conditional Use Criteria, by establishing Specific Conditions for Recycling or Materials Recovery Facilities DATE: October 3, 2019 The proper management of solid waste is a critical component of a community's infrastructure and contributes to the overall quality of life. Section 403.7032, FS established a statewide recycling goal for the state of Florida. Based on these requirements, local governments should have the goal of reducing the amount of trash that enters the waste stream; a waste management sustainability plan should address a variety of methods to reduce the amount of waste going into the waste stream and reducing the cost of waste removal through participating in the three R's of the waste stream, reduce — reuse — recycle. The City of Sebastian does not currently address "Recycling" in their codes and specifically prohibits "salvage yards and junkyards" in the City limits. Waste management and recycling is currently provided as part of the Indian River County Waste Management program. A land development code amendment application has been filed with the City requesting a new zoning classification and definition for the recycling industry (a green industry), recognizing recycling as a separate district use from scrap or junk yards, and allowing for recycling as a conditional use under the industrial zoning district. A site plan has been submitted separately from this application proposing a Scrap Metal and Recycling operation. Staff has conducted a review of city codes, similar codes from local governments and existing State Statues. The proposed ordinance has been presented for your consideration and recommendation to the City Council. A first reading of the Ordinance has been tentatively scheduled for City Council on November 20, 2019. Lisa Leger Frazier Director Community Development Department ORDINANCE NO. 0-19-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 86, ARTICLE III, BY ESTABLISHING A DEFINITION FOR "RECYCLABLE MATERIALS'; AND AMENDING THE LAND DEVELOPMENT CODE, ARTICLE XXII — LANGUAGE AND DEFINITIONS, BY ESTABLISHING DEFINITIONS AND LAND USE CLASSIFICATIONS FOR `RECYCLING OR MATERIALS RECOVERY FACILITIES'; AND AMENDING ARTICLE V - ZONING DISTRICT REGULATIONS, BY ESTABLISHING RECYCLING OR MATERIALS RECOVERY FACILITIES AS CONDITIONAL USES IN THE INDUSTRIAL ZONING DISTRICT; AND AMENDING ARTICLE VI — CONDITIONAL USE CRITERIA, BY ESTABLISHING SPECIFIC CONDITIONS FOR RECYCLING OR MATERIALS RECOVERY FACILITIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify and update certain definitions of the code; and WHEREAS, Objective 1-1.5: INDUSTRIAL LAND USE (IND) of the Comprehensive Plan states that "salvage yards,...shall be prohibited", and WHEREAS, Section 54-2-5.6 Industrial District (IN) provides that "salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian'; and WHEREAS, the proper management of solid waste is a critical component of a community's infrastructure and contributes to the overall quality of life. Section 403.7032, FS established a statewide recycling goal for the state of Florida. Based on these requirements, local governments should have the goal of reducing the amount of trash that enters the waste stream; and WHEREAS, a waste management sustainability plan should address a variety of methods to reduce the amount of waste going into the waste stream and reducing the cost of waste removal through participating in the three R's of the waste stream, reduce — reuse — recycle; and WHEREAS, a land development code amendment application has been filed with the City requesting a new zoning classification and definition for the recycling industry (a green 1 industry), recognizing recycling as a separate district use from scrap or junk yards, and allowing for recycling as a conditional use under the industrial zoning district; and WHEREAS, the Local Planning Agency held a public hearing on October 3, 2019, and made a recommendation to City Council to approve Ordinance 0-19-07. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: Chapter 86, Solid Waste. ARTICLE III. Junk. Sec. 86-46. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. (c) "Recvclable materials" shall include waste materials that can be used to manufacture a new Droduct or reuse of the material for a similar or orieinal ourn_ ose or waste that can be converted into reusable material. Specifically prohibits "Junk" as defined in (a) excent for the followine: household aDDliances, scran metals, tanks, casks, cans, barrels, boxes, drums. Dip_ ine_ , bottles, Blass, old iron, naner, or anv other kind of common household items. Section 2. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Article XXII, Language and Definitions, Sec. 54-5-22.2 Definitions Recvcline or Materials Recovery Facilities. Oneratina facilities for senarating and sorting recvclable materials from nonhazardous waste streams. Onerations shall be conducted inside a building and temnorarily (not greater than 48 hours) stored Prior to delivery_ to a Permanent site for reuse and or Processing into new Products. Article V, Zoning District, Sec. 54-2-5.6 Industrial District (IN) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Reevcline or Materials Recovery Facilities Accessory uses to conditional uses Article VI, Conditional Use Criteria, Sec. 54-2-5.6 Industrial District (IN) (36B) Recvcline or Materials Recovery Facilities a. Anolicable zoning districts. RecvclinR or Materials Recovery Facilities shall be Permitted as a conditional use within the following zoning districts: IN. b. Conditional use criteria. RecvclinR or Materials Recovery Facilities will be allowed Provided the following conditions are met: 1. A site Plan meeting all the requirements of Article XVIII, including an operational Ulan describing the tvPe of materials accepted, the method of screening, handling, storing, disnosing. marketing, and turnover of stored/stockpiled material, and means of comnlvinR with annlicable environmental regulations. 2. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. 3. All operations shall be conducted entirelv within an enclosed building and no Portion of the site may be used for outside storage. 4. Outside storage may be annroved by the Planning and zoning commission if sufficient land area and secondary containment is Provided together with adeauate screening_ and buffering to Prevent anv adverse impacts on adiacent lands and residential areas. 5. No building shall be located closer than 50 feet to anv orovertv line abutting a. residential district. 6. There shall be a minimum lot size of 20,000 square feet.. 7. Screening: All side and rear vards between the recvcling facility and adiacent vrooerties having a non-commercial use or non-commercial land use designation shall be screened. in accordance with the standards established in section 54-3-14.16.. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino 4 Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2019. ATTEST: Jeanette Williams, MMC City Clerk 9 CITY OF SEBASTIAN, FLORIDA By: Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: James Stokes, BCS City Attorney Ormf BASTIA ,fta-- HOME OF PELICAN ISLAND Name Permit Apphcaiion No. City of Sebastian Development Order Application written authorization (notarized) from owner is required) Red Warrior Holding Corp. Address. 9210 44th Avenue; Sebastian, FL 32958 Phone Number. ( 772 ) 539 - 3073 FAX Number: ( } E -Mail -- warriorlanes@att.net and/or crowdyamber@aol.com Owner If different from applicant) _ _r Name: Same as applicant i Acdress PFone Number: ( ) - FAX NLmber: ( E -Mail, Tide of permit or action requested: —! — Code Amendment (Text Amendment) �J PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS. SURVEYS. DRAWINGS, ETC SHALL BE ATTACHED AND 8-117' BY 11' COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM- A. Project Name (if applicable): Warrior Scrap Metals B. Site Information Address: 7701 130th Street Lot: Block: Und: Subdivision. 17 Berry's Subdivision Indian River County Parcel #: 30-36-21-00006-0170-00003.0 _ Zoning Classification: Future Land Use: IN Industrial Existing Use Hall with Offices Proposed Use Metals Recycling Facility C. Detalled description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessarvt A facility where recyclable materials are sorted and temporarily stored prior to delivery to a permanent site for reuse and / or processing into new products. DATE RECEIVED: FEE PAID $_I"500 ^ RECEIVED BY 1 Tracy Cook . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I APA THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION- MAPS. DATA ANDiOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU TE AND TRUE TO THE BES] OF MY KNOWLEDGE AND BELIEF. nn SIGNATURE DATE SWORN TO AND SUBSIBED EFORE ME BY WHO IS PERSONALLY KIN 0 ME OR PRODUCED AS IDENTIFICATION, THIS � DAY OF ,S1 t m.t_�1" , 20 tom. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY !_I IiS^ldd Nr7W Y'irlS COMMISSION NWEXPIPATION SEAL: JESSICA14AWKINS WCOLUS ;ION #GG 252457 ;? EXPIRES: October 22,2022 -"':+o: rvg�' gond¢d Ttw NMxY Pubrk lhdelxrilnrs Permi: Application No, D. Project Personnel: Agent: ---- ----- Name MBV Engineering, Inc. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: (772 I 569 0035 Y FAX Number' E -Mail: mbveng@mbveng.com Attorney: Name: Address Phone Number. ( i FAX Number ( ) Engineer: Mr. Aaron Bowles, P.E. Name: MBV Engineering, Inc. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number ( 772 ) 569 - 0035 FAX Number ( ) E -Mail: aaronb@mbveng.com Surveyor: Mr. Steve Cartechine. LS Name: Indian River Survey, Inc. Address 1835 20th Street, Vero Beach, FL 32960 Phone Number ( 772 j 5569 - 7880 FAX Number E -Mail, 1 stevec@i ndianriversurvey, com 1 Tracy Cook . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I APA THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION- MAPS. DATA ANDiOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU TE AND TRUE TO THE BES] OF MY KNOWLEDGE AND BELIEF. nn SIGNATURE DATE SWORN TO AND SUBSIBED EFORE ME BY WHO IS PERSONALLY KIN 0 ME OR PRODUCED AS IDENTIFICATION, THIS � DAY OF ,S1 t m.t_�1" , 20 tom. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY !_I IiS^ldd Nr7W Y'irlS COMMISSION NWEXPIPATION SEAL: JESSICA14AWKINS WCOLUS ;ION #GG 252457 ;? EXPIRES: October 22,2022 -"':+o: rvg�' gond¢d Ttw NMxY Pubrk lhdelxrilnrs Permit Application No The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. IAWE, X THE OWNER(S) / _ THE _EGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATICN, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Plannina 8 Zonina BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION I/ WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IANE MAY HAVE DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COWMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY;OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME:US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR OMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL O= THE CITY OF SEBASTIAN. XCs 69 - SIGNATURE I \ DATE Sworn to and subscribed before me by TraCu i'CrIL who is personally known IC me or produced as identification, this 2F� day of " ILL.� , 2019 . Notary's Signature Printed Name of Notary U. IPCSiC�H3�oY.nS Commission No /Expiration Seal •4p+n'� JESSICAFtAWIONS ''� ••"` MYCOMAHSStONIII 252457 .; pwIRES: Goober 22, 2022 swo Thru Haim Pwk UMery ftl . APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL, ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. �AC NOWLEDGM NT DA? o D i I I Permit Application No. Supplemental Information Land Development Code Amendment (ATTACH ADDITIONAL PAGES IF NECESSARY.) X 1. Current text (cite page): a) create a new zoning classification and definition for the recycling industry recognizing it as a separate distinct industry from scrap or junk yards. b) Allow for recycling as a conditional use. X 2. Proposed text : Recycling Facility: A facility where recyclable materials are sorted & lemporaily stored prior to delivery to a permanent site for reuse and/or processing into new products. See attached. X 3. Describe the impact of the proposed change on the Land Development Code and applicable ordinances of the City. See attached. X 4. Is the proposed amendment consistent with the elements of the comprehensive plan? If not, which one(s)? Yes, it is consistent with Objective 1-1.5 of the Future Land Use Element. While the Comprehensive Plan references salvage yards as prohibited, this action seeks to separate the recycling Industrial (a green industry) from the salvage business. X 5. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(5)? Yes. We appreciate your consideration of this request that the Recycling Facility be determined to tK a Conditional Use in the Industrial district. We believe that this use is consistent with the purpose & intent of the zoning district. the Land Development Code, and the Comprehensive Plan. II Form C&2028 page f of 1 LDC Amendment I Approved: 8/27/97 Revision: File Name: Sildcamd I 2. Proposed Text: Section 54-5-22.2 Definitions Recycling Facility: a facility where recyclable materials are sorted and temporarily stored prior to delivery to a permanent site for reuse and/or processing into new products. Sec. 54-2-5.6. - Industrial District (IN). (a) Intent. The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on land designated IN on the future land use Wrap. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter IIh as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian. Such activities are more appropriately located near major regional transportation facilities. (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive-through facilities Gasoline sales Crematory Commercial retail with <_ 5,000 sq. Il. Pharmacies Medical marijuana dispensaries Commercial amusements, enclosed Storage facilities Plant nurseries Restaurants with or without drive-through facilities Trades and skilled services. including marine -related Wholesale trades and services Fanner's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges. public and private Schools. public and private Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to pen nitted uses (c) Conditional uses: Commercial retail with> 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Recycling Facility F new addition Accessory uses to conditional uses 3. Describe the impact of the proposed change: This amendment seeks to acknowledge the recycling industry as separate and distinct from junk and salvage uses which are considered to be a nuisance). The North American Industrial Classification System (NAILS) code is a system of industry classifications codes are used by businesses and government authorities to differentiate types of business according to their process of production. In consultation with Hamilton Galloway, Head of Consultancy for Oxford Economics — Americas provided some insight into how NAICS classified Recycling Facilities similar to this one. Oxford Economics is a recognized leader in global forecasting and quantitative analysis, with the world's only fully integrated economic model and 250 full-time economists. It should be noted that NAICS utilizes a different classification for recycling centers as "Materials Recovery Facilities" with a NAICS Code assigned of 562920: This industry comprises establishments primarily engaged in (1) operating facilities for separating and sorting recyclable materials from nonhazardous waste streams (i.e., garbage) and/or (2) operating facilities where commingled recyclable materials, such as paper, plastics, cans, and metals, are sorted into distinct categories. NAICS goes on to indicate that Recycling (or Materials Recovery Facilities) are NOT scrapyards or junkyards which are classified as 423930: Furthermore, many municipal and county land development regulations make distinct differences in their codes for Recycling Centers as being separate and unique from Scrap/Waste uses. Two examples are from Durham, North Carolina and Jefferson County Colorado. Recycling Center: A building or area where the primary activity is the separation of materials prior to shipment for remanufacture into new materials. Junk yards, salvage or wrecking yards are not included in the definition of Recycling Centers (they have their own definitions). (Durham NC) A facility where recyclable materials are sorted and temporarily stored prior to delivery to a permanent site for reuse and/or processing into new products, (Jefferson County, Colorado) Wholesale Trade is a permitted use in the Industrial Light district and is a comparative type of use in terms of traffic circulation, parking, noise, hours of operation, buffers, impacts on adjacent properties, stormwater treatment etc. And a Recycling Facility should be considered a less intensive use than many other permitted uses including the nebulous "industrial uses", a utility, marine power sales and service, wet/dry storage of boats. The Warrior Recycling family is committed to helping communities make a green choice, by giving options for the adaptive recycling of not just plastics, glass and metals, but also electronic devices. The Recycling Facility would be open Monday through Friday 7:30 AM to 5:00 PM, and on Saturdays from 7:30 AM to 2:00 PM. Indian River County allows recycling centers by administrative approval: Section 971.26. - Industrial uses. (2) Recycling centers (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of (section] 971.04): A-1 A-2 A-3 CH IL IG. (b) Criteria for recycling centers: 1. A site plan meeting all the requirements of Chapter 914, including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover o f stored/stockpiled material, and means of complying with applicable environmental regulations; 2. A Type "B" buffer with eight (8) foot opaque feature shall be provided between the recycling facility and adjacent properties having a non-commercial use or non-commercial land use designation; 3. All stored recycling materials must be completely screened from adjacent properties and road rights-of-way, and configured and provided access in a manner acceptable to the fire department; 4. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 93-29, § 5J, 9-7-93; Ord. No. 2012-020, § 8, 7-10-12)