Loading...
HomeMy WebLinkAbout01-16-2020 PZ AgendaLm X HOME OF PELICAN ISLAND 1225 MAIN STREET ® SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 5FO-5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, JANUARY 16, 2020 - 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 December 19, 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 - Special Exception Request - Industrial Activities (Contractor Trades) in Commercial Riverfront Zoning District - 908 US Highway #1 - Family Heating and Air, Inc. 7. 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 TESTIMONY AND 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 — unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule 2 CITY OF SEBASTIAN PLANNING & ZONING COMMISSION MINUTES DECEMBER 19, 2019 1. Call to Order -- Chairperson Kautenburg called the meeting to order at 66:00 p.m. 2. Pledge of Allegiance was recited by all. 0 .0 ._ .. 3. Roll Call.� 0 Ir Present: Mr. Roth Mr. Reyes cc E Fp E Mr. Simmons (a) Mr. Christino (a) Ms. Kautenburg Mr. Qizilbash � E 0� Mr. Carter Mr. Hughan _c Mr. Alvarez . !n N m O Also Present: Mr. Paul Carlisle, City Manager > > Ms. Dorri Bosworth, Planner (D C a a v, Ms. Janet Graham, Technical Writer f) N Q < co Ms. Mara Schiff, Indian River County School Board liaison, was not present. 4. Announcements and/or Agenda Modifications Ms. Kautenburg announced that Mr. John Christino has joined the Commission as an alternate member, taking the place of Mr. Mauti. 5. ADDroval of Minutes Ms. Kautenburg called for a motion to approve the Minutes of November 21, 2019. A motion to accept the Minutes of the meeting of November 21, 2019 as presented was made by Mr. Carter, seconded by Mr. Qizilbash, and approved unanimously via voice vote. 6. Quasi -Judicial and Public Hearings A. Quadi-Judicial Public Hearing -- Site Plan Modification -- Taco Mobile Restaurant -- Additional Parking -- 825 Sebastian Boulevard -- Lots 1, 2, & 3, Block 188, Sebastian Highlands Unit 6 -- C-512 (Commercial CR 512) Zoning District Ms. Kautenburg opened the hearing. She inquired if any of the Commission members had had any ex parte communication regarding this matter. All stated they had had not. PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF DECEMBER 19, 2019 All those who were to testify were sworn in. Ms. Kautenburg called upon the applicant to make his presentation. Todd Smith, engineer of record for this project, reviewed the proposal for construction of an overflow parking lot for an additional 18 parking spaces for the existing Taco Mobile that is on the south side of CR 512. He stated it has been set up as a two-phase project, the first phase being expansion of the existing parking lot. There are two additional parcels of property east of the existing building that the owners have purchased and desire to join with the existing facility in order to create the parking lot. The second phase will be a 141 -square -foot expansion of the existing kitchen. Mr. Smith described in detail what this would entail. He stated that his firm has worked with City staff to bring all portions of the site plan modification into conformance with all City requirements. He then asked if there were any questions or comments from the Commission. Ms. Kautenburg called on the staff to make their presentation. Ms. Bosworth explained that at this time, staff did not require any floor plan for the kitchen expansion and walkway. They also did not require elevations, etc. That will be required to be submitted and approved before they can submit for building permits. She explained that the original site plan was approved in 1996, and that requirements for parking have changed from that time to now, so they are grandfathered in. In the original site plan, they were required to provide seven parking spaces. They provided eight. Those eight spaces will remain on Lot 1. Additional parking on Lots 2 and 3 will be extra parking. Ms. Bosworth explained that these lots are platted in Sebastian Highlands and based on the plat there are side yard easements of six feet on either side. There are some abandonment of easements that will need to be completed before the actual construction of the parking lot can begin. Staff has also received stormwater calculations for the new parking area. Because this is less than two acres, the applicant will need to present to St. Johns what is called a self - certification before construction can be begun, certifying that the stormwater has been designed according to the St. Johns River requirements and the City's requirements. Ms. Bosworth described how the drainage from the parking lot will flow. Staff has required that on the south side of the alley a swale be added, and water from that will drain towards Melrose Lane. Staff has also requested a fence that will surround the stormwater pond be installed. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF DECEMBER 19, 2019 She called the Commission's attention to a Revised Recommendation that was developed for this site plan modification. There are seven conditions to be met before approval of the plan modification. She made a correction to No. 7 as follows: • Three FDOT 9 -Button Delineator signs at the east end of the access easement • A one-way arrow sign pointing west installed on the south side of the alley pavement across from the ,exit drive. • All that signage shall be maintained by the property owner. (SEE ATTACHED). Ms. Bosworth stated staff does recommend approval of this site plan. It does meet the Land Development Code, Comprehensive Plan, and the 512 Overlay District requirements. Ms. Kautenburg called for questions/comments from the Commission. Mr. Christino: • Inquired if the addition will be millings. Mr. Smith stated the plan is calling for using concrete for the drive aisle that will eventually connect to properties that may develop in the future to the east of this site. The actual new parking spaces and the drive aisle that goes to the south is proposed to be constructed in millings. Since it is overflow parking, it is not required by Code for the parking to be concrete. Mr. Qizilbash: • Only sees seven parking spaces on the drawing. Ms. Bosworth stated there is an additional parking space next to the dumpster on the south side of the building. • Inquired if the two types of surface are because of drainage. Mr. Smith stated whenever the City allows a pervious material to be used, it's better from a drainage standpoint. • Regarding the driveway going east, he thinks the grade should be changed some because it is the same at both ends. He has some questions about the elevations as shown. • Asked how many hours until it recovers. Mr. Smith said it will be within 72 hours until it is dry again. PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF DECEMBER 19, 2019 Mr. Hughan: • Notes there are several trees on this property, and he inquired as to how many of those trees will be kept. Mr. Smith stated they designed the parking lot in order to save the larger oak trees, but they will remove the pine trees and the palm trees. Mr. Reyes: • Regarding Number 7 of the staff recommendations, the right turn only sign added to the stop sign at the alley exit, he asked if that is at the stop sign at Melrose Lane. Ms. Bosworth stated no, it's located as you're coming out of the parking lot onto the alley. The alley is only one way. • Agrees with Mr. Qizilbash as to raising some of the elevations. • Regarding phase 2, he inquired what the side setback is there. Ms. Bosworth stated it is 10 feet. • Regarding the area between the covered kitchen and the picket fence, that area is currently being used with picnic tables. He asked if that is legal the way it is presently. Ms. Bosworth stated when the applicant comes back for phase 2, staff will have them add it to the floor plan. It will be an additional seating area and will require more parking, which they are adding on lots 2 and 3. • Regarding that alleyway, it floods really badly. He inquired if there is anything that can be done when the site plans are modified to enhance the drainage on the alleyway. Ms. Bosworth stated the Codes require that they keep all their stormwater on site, which they do, and outfall will be to the new proposed swale. Mr. Reyes stated that the alleyways become canals during heavy rain. He suggested some off-site work needs to be done with some of the site plans. Mr. Carlisle stated there is some off-site work being done presently. Right now, there is not a swale on either side of that alley going towards Melrose. Part of the conditions for the applicant is that they are going to have to create a swale to get the water to the catch basin. Ms. Bosworth added that the alley is strictly a service alley for City cars and service vehicles. There is not a lot of loading off of that alley. Mr. Reyes commented that he is in favor of the City doing more off-site work with some of these site plans, as some areas are flooding even more with some of the approved site plans. PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF DECEMBER 19, 2019 • Regarding the survey, he asked if the FEMA map has been updated since the 2012 map. Ms. Bosworth stated that it is the most recent map. A new map will most likely be approved in 2020. Mr. Roth: • Is concerned because the Commission is being asked to approve this site plan modification in two phases, and they don't know what the changes will be in phase 2 as they are not delineated on the present plan. Mr. Smith stated the 6 1/2 -foot area on the west side of the building is going to be enclosed, but only as far as the existing roof which stops at the middle of the building. • Is concerned that there are no elevations shown on this site plan. Ms. Bosworth stated that one of the conditions of approval is submission of the floor plan, the materials, and the elevations. Staff can approve them, or they can be brought back to the Commission. • Asked for definition of 3 FDOT 9 -button delineator signs. Ms. Bosworth stated it is an FDOT standard sign. It's a triangle with some reflectors. It will prevent vehicles from going any further off that pavement onto the lot to the east. • Asked regarding the fence that is there on the south property line, is the area where the tables are going to be shown on the phase two drawings as to where they are and how they will be used. Ms. Bosworth states that when the drawings for phase 2 come in, they will be able to calculate how much seating there will be as regards how much parking area there will be. • Inquired if there needs to be a setback for the area where the picnic tables are situated. Ms. Bosworth stated because the area is not under cover there is no requirement for a setback for those tables. • Asked if the alley is to be used in the future when additional lots are developed to the east of this property. Ms. Bosworth stated because there are no setback requirements from one property to another in that area, there is no access from what would be the front of a building to the alley unless the building is at the end of the block. Mr. Carlisle added that that is the reason for the 24 -foot easement that is going in in the front of the building, to connect future development as it moves to the east, to give them access out to Melrose. CR 512 is limited access, and the County is not going to allow any curb cuts there. That's why the applicant was required to provide the 24 -foot ingress and egress easement on this property. That will allow for the flow of traffic from the east and west in front of the structures. Mr. Alvarez: • Regarding the veterinarian's office across Melrose Lane, there is overflow parking on that side of Melrose, and the sod there has gotten worn. He was wondering if PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 19, 2019 PAGE 6 there could be some fresh sod put down there when the additional parking for Taco Mobile is installed. Mr. Qizilbash stated that he is designing some work there that should be coming to the Commission in January. Mr. Carter: • Commented that it is nice to see a local business reinvesting back into their business and its future here in Sebastian. Mr. Alvarez agreed. Mr. Roth said he wanted to make it clear that he meant nothing negative in his previous comments. He is glad the business is doing well. Hearing no further questions or comments from the Commissioners, Ms. Kautenburg opened the floor for anyone from the public who wished to speak in favor of the request. Hearing no one, she then opened the floor to anyone from the public who wished to speak in opposition to the project. Hearing no one, she closed that part of the meeting. Ms. Kautenburg called for a summary from the staff. Ms. Bosworth stated the staff recommends approval with the revised recommendation sheet that was read into the record with the changes on Number 7 to the 3 -button signs and the correction that it is a one-way arrow sign pointing west. There being no further questions/comments or deliberation by the Commissioners, Ms. Kautenburg called for a motion. A motion to accept the site plan modification for the Taco Mobile Restaurant for additional parking at 825 Sebastian Boulevard - Lots 1, 2, & 3, Block 188, Sebastian Highlands Unit 6, C-512 (Commercial CR 512) zoning district with the seven recommendations that staff proposed was made by Mr. Carter and seconded by Mr. Hughan. Roll Call: Mr. Hughan Yes Mr. Alvarez Yes Mr. Qizilbash Yes Mr. Reyes Yes Ms. Kautenburg Yes Mr. Carter Yes Mr. Roth Yes Vote was unanimous, 7-0 in favor. 7. Unfinished Business -- None PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF DECEMBER 19, 2019 8. Public Innut -- None 9. Commissioners Matters Mr. Roth is concerned about approving a project with a phase 2 when the Commissioners have not seen the phase 2 site plan. He would like to see that things like that were included in the future. Ms. Bosworth explained that this is a very small building addition, and the intent was to get started on the parking lot. There was discussion among the Commissioners and Ms. Bosworth after which Mr. Carter stated that before anything is done regarding the building addition, this would come before the Commission again for their approval. Mr. Hughan had a question. He stated when Wendy's was going to do additional work, it had to come before the Planning and Zoning Commission. He questioned why the Commission did not see anything regarding the Taco Bell/Pizza Hut renovation. Ms. Bosworth explained that when Wendy's came before the Commission, they were requesting a waiver. They didn't want to put a screen around the rooftop air conditioning unit. They came before the Commission, and the Commission denied them. So they did have to put a screen around those rooftop units. Taco Bell was not requesting a waiver. All they did was change the colors. Most of the work was interior. There were no changes to their site. The Code does allow staff to approve a change in colors. Staff is also requesting, since some of the landscaping over the years has deteriorated, some of their landscaping will be replanted to conform to the landscaping for the site. Mr. Reyes addressed the project south of the library. He inquired if it is under a new owner. Ms. Bosworth stated no, that it's a one -lot commercial subdivision. It's taken way longer than it should have. In August it was brought before the Special Magistrate. They were given till October 1st to complete it, which also included final platting, final grading, as -built surveys, etc. They are accruing a daily fine presently. Mr. Reyes also brought up the condition of Melrose Lane. There was some patchwork and overlay done. He questioned if that is going to be the new City standard for some of these roads. PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF DECEMBER 19, 2019 Mr. Carlisle stated that the City developed a road plan to use every means available to secure the roads in the City. If there is only hot asphalt used, it will use up funds very quickly. There have been several different mixtures used to do the resurfacing. Those treatments will extend the life of those roads. Ms. Bosworth announced that there is a new City Engineer on board, Mr. Ken Griffin, and he will be attending the upcoming site plan meetings that are held. Mr. Roth brought up the property on Indian River Boulevard where there was proposed a building and an oyster bed, that project has gone way past their time period. He asked if the property owners have renewed their request, or will it have to come back for another approval. Ms. Bosworth stated that was a phased site plan, and the owners did implement phase 1. She explained that once a portion of that site plan is implemented, there is no expiration date. She stated that if someone bought the property and did not want to do aquaculture, there is also a process where they would have to change the use, depending on what they were proposing. 11. Citv Attornev Matters -- None 12. Staff Matters Ms. Bosworth reviewed that at the last Commission meeting, some of the Commission members stated they did not have copies of the Comprehensive Development Plan. Ms. Frazier made extra copies for them. There will be a livability workshop on housing and future land -use elements on February 6, 2020, and Ms. Frazier wanted to remind the Commissioners to begin reviewing the goals, objectives, and policies of those elements. 13. Adiournment Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 6:53 p.m. J9 CRY OF r HOME OF PELICAN ISLAND Community Development Department Special Exception - Staff Report 1. Project Name: Family Heating and Air 2. Requested Action: Special Exception to Section 54-2-5.4(c) of the Sebastian Land Development Code to allow industrial activities (contractor trades) within the Commercial Riverfront (CR) Zoning District. 3. Project Location a. Address: 908 US Highway #1 b. Legal: Portions of Lots 8, 9, 10, and 11, all of Lots 12, 13, and 14, less the north ten feet thereof, all lying east of the right of way of U.S. Highway No. 1, Edgewater Park Subdivision, as shown in Plat Book 2, Page 40, of the Public Records of Indian River County, in addition to property further described by metes and bounds on the warranty deed and survey Parcel ID No. 31-39-06-00016-0000-00008.1 4. Applicant: Family Heating and Air, Inc. Michael Rizzo 908 U.S Highway #1 Sebastian, Florida 32958 (772)571-5529 5. Property Owner: G & S Properties and Management, LLC 167 Deer Run Road Palm Bay, Florida 32907 6. Project Description: a. Narrative of proposed action: Family Heating & Air is requesting a special exception permit for property located at 908 U.S. Highway #1 to allow industrial activities (contractor trades)(see Exhibit A, Land use definition) in the Commercial Riverfront Zoning District. This use is not allowed as either a permitted or conditional use in the CR zoning. The existing 1 -story commercial building previously contained two rental units with past businesses including antique and thrift stores, and recently a canvas repair shop. Family Heating's operation at this location would consist of a business office, showroom, warehousing, and fleet management of approximately 17 trucks and vans. During the last few months, the business has been operating from this location without issuance of required permits and/or approvals. Currently, there are two contractor trade businesses located across the street — Barker Air Conditioning & Heating at 825 US Highway #1, and Jerry Smith Flooring at 915 US #1. Both businesses were verified to be operational prior to 1995, which was before the adoption of the Riverfront Overlay District and implementation of the Commercial Riverfront zoning designation. Per Article VIII and Section 54-2-8.3 of the Land Development Code, both businesses are lawfully allowed to continue as nonconformities i.e. grandfathered in, but would not be allowed to expand. b. Current Zoning: Current Use: C. Adjacent Properties: North f East South West d. Site Characteristics Commercial Riverfront (CR) Antiques/Thrift (retail) & Canvas repair (skilled services) Zoning Current Land Use I Future Land Use (1) Total Acreage: CR cleaning service RMU business RM -8 residential - MDR townhomes CR restaurant — RMU Dunkin Donuts CR tile & flooring RMU business (grandfathered) (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: .65 acres commercial building public water septic tank & drainfield 2 7. Staff Comments: As detailed in Section 54-2-3.1 of the Land Development Code, a special exception is a use which is provided in the zoning regulations for a particular zoning district or classification and, if controlled, would not affect the public safety, health, or general welfare by allowing the use in an additional zoning district or classification. The Planning and Zoning Commission and City Council may permit such uses in such zoning districts or classifications as special exceptions only if the applicant meets specific provisions and conditions deemed appropriate. Procedurally, staff reviews the special exception application and makes a recommendation to the Planning and Zoning Commission. The Commission shall hold a public hearing and shall indicate whether, in their opinion, the proposed special exception meets the required findings of facts and review criteria established in Section 54-2-6.2(d), including specific criteria of Article VI, if applicable. The Planning and Zoning Commission shall then make a recommendation to City Council to approve, approve with conditions, or deny the application for the special exception. Industrial Activities are allowed as a permitted use in the Industrial (IN) zoning district. To approve a special exception permit to allow industrial activities (contractor trades) in the Commercial Riverfront (CR) zoning district, specific criteria must be met, as well as the following code required findings of fact. 8. Reuuired findings of fact (Section 54-2-3.1(a)(3): a. The approval of the application for a special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in Article VI. The proposed warehousing of air conditioning units and service parts - and subsequent fleet operations - are not consistent with other businesses in the district. The business's fleet of 17 f trucks and vehicles make daily trips to the site to load for their jobs and appointments. Fleet activity at the site generally occurs in the morning. Employees bring the company vehicles — box trucks and vans — to the site to load either mechanical units for installations or required parts for service and repairs. The congregation of vehicles, parking, and traffic flow to the loading area through this limited site is causing congestion and traffic safety hazards in the area during this time (see Exhibit B, photos). Although the applicant has submitted a conceptual operational plan indicating a revised truck pattern to the loading area which would send the vehicles to the rear of the building (see Exhibit C, Conceptual plan), the proposed traffic aisle on the south side could not be implemented because of the existing setback of the 3 building. The drive aisle would need to be a minimum of 12 feet wide and the required landscape buffer 5 to 10 feet wide. Only 14.8 feet is available. Fleet activity is integral with the business's warehousing request at this site. If the warehousing use is removed, along with the truck visits, daily traffic from the office and showroom uses only would then be comparable with traffic from other existing businesses in the zoning district. b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. The Commercial Riverfront district broadly includes such uses as medical services, hotels, business and professional offices, bars and restaurants, and retail. However, when the vision for the riverfront redevelopment area was approved it was intended to not include industrial type activities. The proposed office and showroom uses would be compatible with the general uses allowed in the area. However, the proposed warehousing use which entails daily loading and unloading activities, and subsequent fleet operations and truck traffic, appears to be discordant with the intent and purpose of the established district and surrounding uses. C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. From the City's Comprehensive Plan Future Land Use Element, the following policies state: Policy 1-1.5.4: General Considerations for Allocating Industrial Land Use: 'T. Land shall be allocated to industrial uses in a manner which allows for separation and co -location of industrial activities capable of complying with the most restrictive performance standards and exhibiting minimal adverse impacts on surrounding development." Policv 1-2.2.2: Improve the Function of the Downtown as the Central Commercial Core Area: "Commercial development decisions shall promote the function of the Downtown central commercial core area as a center for government and institutional services as well as a focal point for retail trade, business and professional offices, and civic and cultural enrichment." 2 The proposed warehousing and fleet operations are not consistent with the above Comprehensive Plan Policies. 9. Planning and Zoning Commission findings iSection 54-2-6.2(d): Any approval with or without conditions shall be rendered only after a finding by the Planning and Zoning Commission and the City Council that the proposed use satisfies the following criteria: (1). Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. See #8a above. (2). Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. The morning fleet activity occurs approximately at the same time as the influx of customer activity at the adjacent Dunkin Donuts, during its a.m. peak. The two properties have a shared access easement with a driveway on US #1. Fleet traffic entering through this driveway will affect customers trying to exit from the same egress. (3). Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. River Oaks Townhomes abuts the subject property from the east (rear). Consideration should be given to the requested special exception and the proximity of the townhomes. Per their approved site plan, the closest residential unit is fifteen feet from Family's rear property line. The additional industrial activity (warehousing and fleet), as compared to normal commercial activity, may impact the neighbors. Although increased buffering would be required, morning truck noise along with loading and unloading activity, is a concern. (4). Conforms to all applicable provisions of the district in which the use is to be located. Currently, the site is in non-compliance with many of the regulations of the district, including general parking, landscaping, and stormwater requirements, along with unpermitted signage. (5). Satisfies specific criteria stipulated for the respective conditional use described in this article in Section 54-2-6.4, which states: [There are no specified conditional use criteria for industrial activities identified in the Land Development Code as this is a permitted use in the IN zoning district.] 5 (6). Is consistent with the Code of Ordinances and Comprehensive Plan. As noted above, the request is inconsistent with the Code of Ordinances and Comprehensive Plan. 10. Additional Comments: 1) Within the past twelve months, the city was approached by several different contractors (roofing and fencing) inquiring about operating their business from existing sites on US Highway #1 located in the CR zoning district. They had also proposed warehousing their product and maintaining their vehicles from the sites. After being informed of the district regulations, both Hippo Roofing (1716 US #1) and Pro Fencing, LLC (1004 US #1) revised their proposed business plans to use the buildings for office use only. 2) The subject site is old, and was constructed before 1980 without any formal site plan. Previous businesses over the years have been typically retail, same as the original use. As such, the site has not been required to comply with current codes since the nonconformities have not increased, nor a more intense use approved for the site. As noted above, the property currently does not comply with parking, landscaping, stormwater, or signage. However, this property is within the CRA district and would be eligible for FSL grant monies to help with signage and landscaping. 11. Staff Recommendation: Based on consideration of the intent of the Riverfront Overlay and CR zoning districts, and anticipated site plan issues to accommodate warehousing and fleet operations at this site, staff recommends the following: • That a Business Tax Receipt be obtained for the office and showroom uses onlv with warehousing and fleet operations to be from an off-site location in an appropriate zoning district • Permits, approvals, and compliance with the Riverfront Overlay District regulations are received for all signage, including windows A site plan modification must be submitted for review which includes a code compliant parking plan (for professional office) with required striping, traffic safety signage, and Handicapped parking • Landscaping along US #1 frontage to be installed which shall include hedging and trees 12. Conditions of approval (Section 54-2-3.1(a)(4): In approving an application for a special exception under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. Although staff recommends allowing only the office and showroom use, IF the Special Exception request is granted, staff suggests the following conditions of approval to secure the intent of the zoning regulations: • The special exception is granted for the specified address only, and explicitly for Family Heating and Air. The exception does not transfer to a future business at this address, or with Family Heating and Air to a different location • No further site expansion allowed • The property, through a site plan modification process, and with the services of a civil engineer, is brought into compliance with all current codes, including the Riverfront Overlay District requirements, incorporating parking, landscaping, utilities (sewer, if available), and stormwater infrastructure. • No outside storage • No fleet operations, including parking or loading shall be allowed within the public right-of-way or any shared access easements. • A Business Tax Receipt is applied for and received for the business operation, including a Life Safety permit, if necessary • Permits, approvals, and compliance with the Riverfront Overlay District regulations are received for all signage, including windows Note: After review of both surveys (See Exhibit D, original survey), and observation of the location of easements, building and setbacks, existing drive aisles, trees, and connection with the adjacent commercial property (no information for the location of the septic and drainfield was provided), staff opines that compliance with Land Development Code requirements will be challenging, especially for the fleet operations. Prepared by D. Bosworth, Mgr/Planner VA Date Exhibit A § 54-5-22.3 SEBASTIAN LAND DEVELOPMENT CODE (30) Vehicular service and maintenance. Establishments for the dispensing of motor fuels and related products at retail and having pumps, underground storage tanks and other facilities for such activity and which may include the retail sale of minor automobile parts and accessories such as tires, batteries, spark plugs, fan belts, shock absorbers, mirrors, floor mats, cleaning and polishing materials and similar items, and which may include the inspection, servicing or minor repair of motor vehicles. These services shall not include body repair and painting, frame straightening, or tire recapping or vulcanizing. (31) Veterinary medical services. The provision of animal medical care and treat- ment by a Florida licensed veterinarian. (32) Wholesale trades and services. The display, limited storage and sale of goods to other firms for resale. (d) Industrial activities. The following compatible land uses shall be considered industrial activities: (1) Warehousing, storage and wholesaling within enclosed buildings. (2) Mechanical repair and service, including but not limited to, machine shops and vehicular repair, service and maintenance. (3) Light manufacturing including skilled trades and services, light processing of woods, synthetics, and metal fabrication, assembly and distribution functions, electronics, research and development, and similar uses. (4) Building materials supply and storage, and contractor's storage. (5) Accessory uses to those described above. — FLe mT apeeeq-r?d,..5 (6) Outside storage. (Ord. No. 0-18-01, § 2, 6-13-2018; Ord. No. 0-19-01, § 1, 3-13-2019) Supp. No. 17 LDC22:40 Permit Application No. City of Sebastian WME p ur n Development Order Application ( Applicant (if not owner, written authorization (notarized) from owner is required} � Name: ' 1 A Address: 90B I () S W W y Phone Number: ( ) - FAX Number: ( ) - '7-72 E -Mail: (_)2Z0fFVh,11 OLC C Owner (If different from applicant) V Name; s Address.- Phone ddress:Phone Number: ( ) - FAX Number: ( ) -7 E -Mail: �1 kI 220 4AI,11 4 C [$ �Ir< /. (../h I l(o-7 be-;8ne- 2LL#J ,4 Zo11� Title of permit or action requested: 1�p Cid 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 8-1/2' BY 11 ° COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable); // J 4- S. Site Information Address: 908 0S If '% Lot: Block: Unit: Subdivision: Indian River County Parcel #: —31-C ce — E)m Ito , C) Doc) Zoning Classification: C� Future Land Use: �MLk- istin -S Proposed Use: --� C. Detailed ascription of proposed activity and purpose of the requested permit or action (attach �! extra sheets if necessary): 17 DATE RECEIVED: 114 J 119 FEE PAID` $ : L b� RECEIVED BY: Permit Application No. D. Project Personnel: Agent: cA4(;L., Name: `�Q>n,7 1.11 ti�i-1 a R � �-1 f7_ IV SLI Address 1t) Phone Number: ) FAX Number: ( ) I �_l 1 E -Mail: ftl ZZ�J` ri�l�I�jQr 16 q 1► �Y I ► Co� Attorney: !! V �J Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: 81 LA_ "k—1 y— PSM IA D w I T uo Lo I CQrk2 Address I Saa o uS W &�, 3aq 00 Phone Number: ( ) - I FAX Number: ( ) - f E -Mail: 1, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ I AM 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 AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND THE BEST OF MY KNOWLEDGE AND BELIEF SIGNATU E DATE SWORN T ND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 1-1 DAY OF IICA4exlid , 20 i r -V NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: " MICHELLE FAULKNER 0.� Commission # GG 112348 :or Expires July 20, 2021 Banded R. Troy Fain Insurance 80038&7019 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. I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ?'Z.['eNrlctilw��� BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IME HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION 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 CONSE BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, AA EMFJ Y AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. i2 l7 SIGNATURE - DAT Sworn toarmy r -r. d before me by who is ,lersonally known '�o me or produced as identification, i day of JWb�b 20 ell— Notary's Signature pst Printed Name of Notary ' r of/ -s Commission No./Expirations /Cii, �j�e-3 Seal: GEORGIA L IRISH Notary Public - State of Florida o; Commission 4 GG 337321 My Comm. Expires Sep 16, 2023 Bonded through National Notary Assn, IL Permit Application No. Q 0f Supplemental Information SE - Special Use Permit (ATTACH ADDITIONAL PAGES IF NECESSARY.) HOME OF PELICAN ISLAND 1. Describe the use for which this special use permit is being requested: '7� ► Cf— 2. Sln�x�a 2 Ci7�P_ — 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located. (Attach additional pages, if necessary) r, Pe q 411 VK cl'�- (0 + _ 1 LLJ i � I {'a� . � aGiC � 1 N � SI/S( r�4 u �"i r G✓.��/ 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning district, and that the use is similar in nature and compatible with the uses allowed in such district. (Attach additional pages, if necessary): 10P . Wxo- 0 <-e9i91r.P corfrixtJ rail". a o, a– oe.w &,ld USS 'eXfaSUr'k- LJ'C- _ 4. Attach a list of the names and addresses of all owners of parcels of real property within three hundred ( 300) feet of the parcel to be considered. Family Heating and Air Inc As a new company, only 3 years old we have grown very fast. We started out with my partner and my 2 sons and myself . My partners and I have been in the industry for well over 30 yrs in Indian River County, a combined total of over 70 plus years of knowledge in the HVAC business. We all have worked and learned from some of the best, and I myself have learned from one of the leading A/C companies in Indian River County Arnold Air. Mr Leo Arnold gave me chance to learn and grow from him when I moved here in 1990. But now Family Heating and Air has reached a point of new growth and with this new building and the exposure on US 1, we have seen an improvement of traffic with our customers and walkins. The showroom can now showcase our products where people can come and see what they will receive with a new a/c system. And the many accessories that can go with keeping your home cool in these hot summers. We are taking air condintioning to another level. A true service company with the ability to sell. Not the sales company with the ability to service, like all the other local companies are. We now employ 28 young family men and women and we are looking to grow our family.To help in this community were we live and thrive. Thank you Michael J Rizzo CITY OF SIEBAST�LAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityotsebastian.org PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HAS SCHEDULED A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A REGULAR MEETING TO BE HELD ON THURSDAY, JANUARY 16, 2020 AT 6:00 P.M., TO MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING A REQUEST FOR A SPECIAL EXCEPTION TO SECTION 54-2-5.4(c) OF THE LAND DEVELOPMENT CODE TO ALLOW AN INDUSTRIAL ACTIVITY (CONTRACTOR TRADE BUSINESS) AS A CONDITIONAL USE WITHIN THE COMMERCIAL RIVERFRONT (CR) ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED AT 908 U.S. HIGHWAY #1. ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED SPECIAL EXCEPTION, WHICH APPLICATION IS AVAILABLE FOR REVIEW IN THE COMMUNITY DEVELOPMENT DEPARTMENT. LOUISE KAUTENBURG, CHAIRWOMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: Tuesday, December 31', 2019