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Home My WebLink About2004 - Special Use PermitPLANNING AND ZONING COMMISSION MIN F REGULAR MEETING OF MARCH 4, 2004 C. PUBLIC HEARING —RECOMMENDATION TO CITY COUNCIL — SPECIAL EXCEPTION —SECTION 54-2-3.1 —RESIDENTIAL USE IN INDUSTRIAL DISTRICT —BILL AND JUANITA WELSH — 730 HIGH ST Chmn Smith opened the public hearing at 8:00 p.m. Mr. Joe Graham, 805 Indian River Drive, Sebastian, Florida presented the application. The property is located in an Industrial Zone located between the twin pairs of 512 on High Street west of the tracks and next to Sebastian Rent All. The owners would like to construct a residential home. Mr. Hass said staff is in support of this application. The intention is to have an overlay in this area that will be consistent with the CRA district and promote redevelopment in a multi-level zoning atmosphere. Mr. Faille asked about the height of 38 feet and Mr. Hass said that was going to be worked on as part of the ,building permit. The only thing before the commission is the use. Chmn Smith closed the hearing at 8:11 P.M. MOTION by Faille/Smith "I make a motion to recommend to city council approval of the special exception for Bill and Juanita Welsh for a residential use in the industrial district at 730 High Street." ROLL CALL: Mr. Faille yes Mr. Mahoney yes Mr. Allocco yes The vote was 6-0. Motion passed. CHAIRMAN MATTERS: Chmn Smith yes Mr. Seeley yes Mr. Keough (a) yes Chmn Smith asked Mr. Hass why does Mr. Hughes of the school district use two pupils per house as a criteria and Mr. Schulke used one. Mr. Hass said that the school board's figures are usually higher and we traditionally use population statistics when calculating those figures. MEMBER MATTERS: Mr. Faille asked why the site on High Street has been cleared already and Mr. Hass said that was another site not the one before the commission. Mr. Mahoney asked about the dumpster at Butcher's marina that has been there six or seven months. Mr. Stringer said it is the construction dumpster for the expansion of the restaurant. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: NONE Chmn Smith adjourned the meeting at 8:18 p.m. (3/10/04 SBI.) 4 ARTICLE M. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE PERMITS Sec. 54-2-3.1. Procedures and criteria for review of special uses and special excep- tions. Special use. A use which is not specifically provided for in the zoning regulations. The planning and zoning commission and city council may permit such uses in such zoning districts or classifications as special uses only if the applicant meets specific provisions and conditions deemed appropriate. Special exception. A use, which is provided for 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. (a) Uncertainty. Wherever uncertainty exists regarding whether a specific use is allowed as a permitted use, approved as a conditional use, or is prohibited in the zoning district regulations of article V, the planning and zoning commission and city council shall apply the following procedures and criteria for reviewing such uses. (1) Criteria for review. Notwithstanding any provisions of this article, the city council may, in its sole discretion, grant a special use permit in any district for a use, which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, shall not be specifically prohibited pursuant to the comprehen- sive plan or other applicable law or regulations, and shall satisfy the following findings of fact by the city council. (2) Procedures for review. a. Application. Application for approval of a special use or special exception shall be filed with the planning and growth management department on a form prescribed by the planning and growth management director. Seven copies of the application and all supporting information shall be included. b. Staff review. The planning and growth management director shall distrib- ute the application and supporting information to the appropriate staff for review and comment. The staff can include outside agencies. C. Recommendation to planning and zoning commission. The planning and growth management director shall summarize the staffs comments and make a recommendation to the planning and zoning commission. d. Planning and zoning commission public hearing. The commission shall hold a public hearing pursuant to section 54-1-2.8 and shall indicate whether, in their opinion, the proposed special use or special exception meets the required findings of facts and review criteria established in section 54-2- LDC3:3 § 54-2-3.1 SEBASTIAN LAND DEVELOPMENT CODE - 6.2(d), including criteria of article VI. The planning and zoning commission shall make a recommendation to the city council to approve, approve with condition, or deny the application for the special use. e. City council public hearing. The city council shall hold a public hearing with notice pursuant to section 541-2.8. By resolution of the city council, the application for approval of a special use or special exception permit may be approved, upon a finding that the requirements of section 54-2-6.2(d), including criteria of article VI, are met. If the application is denied, the city council shall state the reasons for denial. (3) Required findings of fact. The city council shall not approve an application for a special use or special exception under this section unless it finds, based upon the evidence presented, that the following conditions are satisfied: a. The approval of the application for a special use or 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; and 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; and - c. The requested use is consistent with the comprehensive plan and the Code of Ordinances. (4) Conditions of approval. In approving an application for a special use 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. Sec. 54-2-3.2. Procedures and criteria for review of temporary uses. A temporary use shall be allowed for transient merchants and special events upon issuance of a temporary use permit by the city manager or his designee, based upon compliance with all applicable regulations of this chapter and other city regulations. (a) A temporary use permit will be issued if the following requirements and standards are met: (1) The activity must be a permitted or conditional use within the zoning district. (2) Only temporary pavilions may be erected and utilized for the operation. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed 300 square feet in area may be utilized. All temporary facilities designed to be occupied by the public must be inspected by the fire department after installation, and prior to occupancy. (3) No utility connection shall be permitted except -for temporary electrical power which must be approved by the building department. LDC3:4 ae.� vola `n - u o'OOoo'' a Y 3 z a- a I,B iNG ,� .9 • a � j SOV. LOT 6 Z i"^°"° ao"'•+:"'• " �, Qp QE� °� sP°ff� �; _ �onnana- _:yr_—___ _ +moo- Np r I i t e 9 °0i 1518 p0).0, tuft ,,m j 44" d eU M 1 T Vp CIA IyS', St a.•. a si �;° e•" m'zK L .ml a JI biz sl ^: si f,a+' F^ �IasR,/ � m I" ``l I'=•] °�yiE(L. P�^ AS Si °' /� a. •Y' ° I6 _.�%.'�' " I p`aj.opl IT �H7.(1 ]; 5. ^�11` n1° IB i P -g d pm ,?,. ° •'.b .c �^ 0 % lJ 0 SSA TIAN UARE' ` } ary WALMART SUB I pace" 11waliu- SE 1/4 Section 6 31s -39e I map 0 09.10 compiled 07/15/03 by the Winn Ricer County Properly Appmiser's Office ° >m •m xaP page 1-1311 Permit Application No. ��, QgRA- City of Sebastian FiWEOFPERUXCM INS Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: UJI Iv Address: ' Phone Number: ( ) -FAX Number. `7 40 `l 1 E -Mail: Owner (If different from applicant) Name: ` 1- ,Q C I . T. 0, 3 9 Phone Number:1� } .�� Q � 1 FAX Number. E -Mail: Title of permit or action requested: SAEC.,t J�-L �(C SPT► o N 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 5-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): r B. Site Information G Address: -7-30 Lot: Block: Unit: Subdivision: Indian River County Parcel Zoning Classification: r Future Land Use: �{- l�'Sl rLI A -L_ Existing Use: 0 STP k V Pro Ss> Use: 7— 1 �Z�� Pr C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): G- (L S vLi4 A-5 DATE RECEIVED: t2— � /D� FEE PAID: $ QOU• 6a RECEIVED BY: Ga n Z440f Permit Application No. D. Proiect Personnel: Agent: Name: W Address Phone Number. ( ) - FAX Number. E -Mail: Attorney: Name: Address r y PO Phone Number: �72-) - C) FAX Number: E -Mail: Engineer: Name: Address Phone Number:} - FAX Number: E -Mail: Surveyor: Name: W Address f8 0 :Y- n -- C) Phone Number:'�� ) .7.3-x- __7..7 .� ' FAX Number: E -Mail: I, , 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 ACCUP,ATt AND TRUE TO THE B ST OF MY KNOWLEDGE AND BELIEF. e;ox� ;7w'01 2� I 1 1 64 - SIGNATURE _ DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME ORP %UZED AS IDENTIFICATION, THIS �L DAY OF .2A NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: _00 0t- Geraldine Frances Kubes My Commission DD155W7 %ao. Expires october2g, 2008 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 VyHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P. Z lQrt CC BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROkRTYIN CONNECTION WITH MY/OUR PENDING APPLICATION. 1/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE 1/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 CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMIS S ADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. �Z- / I \ SIGNATURE DATE t Sworn to and subscribed before me by Lt/fl,a M who is personally known to me or produced Q & as identification, this _ day of , 200 Lk. Notary's Signature Printed Name of Notary 'C�=� Commission No./Expiration Seal: �el Geraldine Frances Kubeg K My Commission D015580? a Expires Qcftw 20.20M Permit Application No. OYU Supplemental Information SES" Special Use Permit --- - (ATTACH ADDITIONAL PAGES IF NECESSARY.) HOME OF PELICAN ISLAND vf'1. Describe the use for which this specials p mit is being requested: P*JT 0, L__. l j t t tJ 0 S—r-(Li PrL 2-0 ►..9 1 Iii CT ✓2. Describe how the granting of the special w6a pperm f 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) ��t i C�t�ec�� Cor��r1.�� t4LT72>q�-SIG ->�-�E" X151✓' I IJ Sr�� d� '2fJ1�OST2-I to�-L ✓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): CZ%i I S—t71��C�T iii A�►��fL C N CU( RPS£-- 'M I y t=1� U Sk _ 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. RESOLUTION NO. R-04-13 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR RESIDENTIAL USE IN AN INDUSTRIAL ZONING DISTRICT AT 730 HIGH STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Bill and Juanita Welch have filed an application for approval of a special exception to allow a residential use on their property at 730 High Street; WHEREAS, the area containing said property is subject to the modified redevelopment plan, and mixed uses are anticipated to become an approved use in said area; and WHEREAS, the Planning and Zoning Commission held a public hearing on this request at its March 4, 2004 meeting and has recommended approval NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find: 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 Land Development Code; and b. The use requested is consistent with the purpose and intent of the respective district, and has been demonstrated to be similar in nature and compatible with the uses allowed in such district; and C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. Section 2. APPROVAL. The application for a special exception for residential use in an Industrial Zoning District at 730 High Street is approved. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember _ _ and, upon being put into a vote, the vote was as follows: Mayor Nathan B. McCollum Vice -Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of April, 2004. CITY OF SEBASTIAN, FLORIDA M ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Mayor Nathan B. McCollum I Sunday, April 4, 2004 The Press Journal Wg PUBLIC NOTICE CITY OF SEBASTIAN > INDIARIVER COUNTY. FLORIDA• THE' CITY. •COUNCIL'OF THE- CITY OF' SEBAS- TIAN;. INDIAN RIVER COUNTY, FLORIDA;. HAS. S-CHEDULED'. A QUASI-JUDICIAL PUB= LIC HEARING IN THE CITY COUNCIL -CHAM- BERS, 122'5: MAIN. .STREET, SEBASTIAN, AT A. REGULAR MEET- ING- ON WEDNESDAY, APRIL 14TH; 2004,. -AT 7:00 P.M., TO CONSIDER APPROVING RESOL'U- TION R-04-13 REGARD- ING• A SPECIAL EXCEP- TION- TO SECTION 54-2- 5.6(b) OF THE LAND -DE= VELOPMENT CODE -.TO ALLOW A RESIDENTIAL USE. (SINGLE-FAMILY UNITY WITHIN AN IN;, DUSTRIAL ZONING DIS- TRICT. THE SUBJECT PROPERTY. IS- LOT., 20 BLOCK 8, HARDEE'S -AD- DITION TO. SEBASTIAN SUBDIVISION,- .LOCAT- ED.ON:HIGH STREET; NORTH OF CR •512, 114%. AN RIVE.R,.000NTY PARCEL ID NO.' #31-39= 06-00014.0080.00002.0; ALL. INTERESTED- PAR= TIES MAY APPEAR':AT THEA- HEARING- AND. PRESENT' TESTIMONY. WITH RESPECT TO THE PROPOSED- RESOLD- TION. INTERESTED PARTIES MAY. INSPECT THE PROPOSED. -RESOD- LUTION' IN THE , OFFfCE OF THE, CITY' CLERK:`AT ,' CITY HALL;' MONDAY THROUGH: - FRIDAY, 8 A,M.TO 4:30 P.M. ANYONE. WH'O' M'AY WISH T0.`APPEAL ANY DECISION THAT • MAY BE` MADE. AT::THIS HEARING. WILL. NEED T0. ENSURE THAT. A VERBATIM' RECORD, -OF THE PROCEEDINGS. IS MADE WHICH' RECORD* INCLUDES' THE TESTI- MONY AND • EVIDENCE UPON,'WHICH- THEA• AP= PEAL IS BASED, IN COMPLIANCE WITH THE AMERICANS' -WITH DISABILITI'ES.� A•C'T (ADA), .ANYONE•. WHO NEEDS' SPECIAL. AC- COMMODATIONS* FOR THIS MEETING SHOULD -CONTACT .THE CITY'S ADA COORDINATOR. (772)-589.5330' AT LEAST 48 HOURS. PRI - 'OR TO THE MEETING.' April 4;.2004 569266 on OF SERMTMN HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Special Exception request for a proposed single family residence to be located within the Industrial Zoning District along High Street. Ap ro ub a : City Manager Terrence R.Wroore Agenda No. 0q, I U & Department Origin: GM Purchasing/Contracting: Finance Director: City Attorney:, City Clerk: Date Submitted: April 5, 2004 For Agenda of: Apri114, 2004 Exhibits: R-04-13, P&Z Recommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Bill & Juanita Welch recently submitted a special exception application to construct a single-family residence within an industrially zoned district whereas doing so is not a permitted use within said district. Therefore, as detailed in Section 54-2-3.1, a special exception is a use which is provided for 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 on a case by case basis. 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. When reviewing an application for a special exception the City Council shall use the following findings of fact in determining consistency with planning objectives: a. The approval of the application for a special use or 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 VII; and 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; and C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. With the implementation of the CRA district, High Street included, the City is promoting mixed-use zoning within this area of the community. However, certain code modifications are necessary before such development will be permitted. As the applicant desires to construct their home in the very near future, we advised them to pursue the special exception permit. Promoting residential, with a healthy mix of commercial, will assist in the redevelopment of this district. RECOMMENDED ACTION Conduct a public hearing. Staff recommends approval of this special exception permit application. "Move to pass Resolution No. R-04-13." RESOLUTION NO. R-04-13 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR RESIDENTIAL USE IN AN INDUSTRIAL ZONING DISTRICT AT 730 HIGH STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Bill and Juanita Welch have filed an application for approval of a special exception to allow a residential use on their property at 730 High Street; WHEREAS, the area containing said property is subject to the modified redevelopment plan, and mixed uses are anticipated to become an approved use in said area; and WHEREAS, the Planning and Zoning Commission held a public hearing on this request at its March 4, 2004 meeting and has recommended approval NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find: 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 Land Development Code; and b. The use requested is consistent with ' the purpose and intent of the respective district, and has been demonstrated to be similar in nature and compatible with the uses allowed in such district; and C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. Section 2. APPROVAL. The application for a special exception for residential use in an Industrial Zoning District at 730 High Street is approved. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. t!;r'r'r;CTIVE DATE. This resolution shall take effect immediately upon its adoption. 01 -Ir The foregoing Resolution was moved for adoption by Councilmember Barczyk The motion was seconded by Councilmember xeptinstall and, upon being put into a vote, the vote was as follows: Mayor Nathan B. McCollum aye Vice -Mayor Joe Barczyk aye Councilmember Ray Conigho aye Councilmember Lisanne Monier ave Councilmember Michael Heptinstall ave The Mayor thereupon declared this Resolution duly passed and adopted this 14, day of April, 2004. ATTEST: 1 Sally A. Mpilco", CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: r � 1 Rich Stringer, Cit ttorney CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan B. Mc"um C11Y OF SEBASTIAN HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 CITY OF SEBASTIAN P NOME OF PELICAN ISLAND 1225 Main Street Sebastian. Florida 32958 64PUU 0j - Oy . 13. ,& - z( 4j tjj L45. Y4'}121 aj j; U U ❑ �7: @Te�'i J.4 y Mi Fn r~ar* '�a ranF The Honorable Charles Sembler Indian River County Property Appraiser 925 14th Lane Vero Beach, FL 32960 O 20 T O 7t Qi -m i:n isfi 9 S sa Fn rtinm 7;p rnnF The Honorable David Nolle Indian River County Property Appraiser 1840 25th Street Vero Beach, FL 32960 LAND DEVELOPMENT FILE CHECKLIST (Includes documentation for approvals by Council for annexations, CLUP amendments, rezonings, subdivisions and PUD conceptual, preliminary plat and final plat approvals, special use permits, vacations of easement and varianrec0 Primary Name: (Subdivision, PUD or Applicant/Developer Name if Small Parcel) Applicant or Developer W 1 I 1 IWei,-5k wM Name: Proposed Use: Ke s (deev CP, (vi I (ld ld.S'Yr Q( (SLS e (if applicable) I �` Location: 730 H I Q k Sl 1 t c�- (address, parcel n8fnber, or metes and bounds description) Acreage: Adopting Documents: (as applicable) *Annexation Ordinance: CLUP Map Amendment: Rezoning/Conceptual Special Use: IQ -014 - /3 ; Preliminary Plat: *Final Plat: *Recorded: (Book and Page) Location in Vault: Comments: - Date: Date: Date: Date: -AprO Date: Date: Date: 14 2004