Loading...
HomeMy WebLinkAbout2009 - Special Use PermitCM Cf SERAS _= HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Resolution R-09-09 Modifying the Conditions of a Special Use/P/�erm for a Car Wash '11ov fir Submittal by: City Manager Agenda No. ,)q.63_7 Department Origin: GMD(;14- City /j�� �X Attorney:",/G�j City Clerk: Date Submitted: 213109 For agenda of: 2111/09 Exhibits: Resolution R-09-09; Application; Site Plan Revision dated 12/15/08; Resolution R-00-56; P & Z minutes of 1/15/09 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A The owner of the carwash located at 921 Sebastian Boulevard, Joseph Koruo, has requested permission to remove the top four (4) feet of the masonry wall from the front (north side) of his property, resulting in a wall height of two (2) feet. Background: At the time the site plan was being reviewed for initial approval in 2000, a carwash was not a permitted use within the Commercial 512 district and was approved by Resolution R-00-05 which granted a special use permit for the carwash. Resolution R-00-56 outlined eight (8) additional conditions placed by City Council as part of the approval. These conditions included the placement of a six (6) foot high masonry wall to the front (north) property line. Both the resolution and the site plan must be amended if permission is to be granted for removing part of the wall. As required by code, the Planning and Zoning Commission considered the request and made a recommendation to City Council regarding the special use permit. The applicant's initial request was to remove (2) feet of the six-foot masonry wall along the front (north side) of his property. That request was presented to the Planning and Zoning Commission on May 3, 2007. The Commission made a recommendation to City Council to allow removal of two (2) feet of the wall, conditioned upon addressing a number of outstanding site issues .related to maintenance. After the Planning and Zoning Commission meeting, Mr. Koruo 0 stated that he was not satisfied with only a 2 -foot reduction in the wall and wanted to remove more of the wall. Therefore, his plan (asking for a 2 -foot reduction) and the P & Z recommendation was not forwarded to City Council for further action. Staff advised Mr. Koruo to revise and resubmit a plan that reflected his wishes. Mr. Koruo has now submitted a site plan calling for the removal of four (4) feet of the six-foot wall along the front (north side) of his property. Since that application, the City has modified their code requirements for specific design criteria and car washes remain approvable only by special use permit. Section 54-4-21.3(b)(2) of the LDC requires uses with vehicle and service bays that are oriented perpendicular to CR 512 to provide a Type "B" buffer with a 4 - foot high opaque feature along the site's CR 512 frontage. The Type "B" buffer is a semi-opaque screen intended to partially block visual contact between uses. Large trees are to be utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. After the removal of the top 4 feet, the remaining wall will be 2 feet in height. With a reduction in the wall, the site would not be in compliance with the code. Additional landscaping could be added to provide the 4 -foot opaque feature, but this is not acceptable to the applicant who is trying to create more visibility for his property. As a solution, the Planning and Zoning Commission granted a waiver from Section 54-4-21.3(b)(2) regarding the 4 -foot high opaque feature. Therefore, City Council may approve the 4 -foot reduction in the wall (resulting in a two foot high knee wall), without creating a conflict with the Land Development Code. It is important to note that the stormwater detention is connected to the wall. In order to remove the wall completely, the stormwater system would have to be re- designed completely. The applicant has indicated that is cost prohibitive. The Planning and Zoning Commission discussed at great length a number of site plan deficiencies resulting from a perceived lack of maintenance. Staff has formulated these into the following items: a) Dead or missing vegetation. The owner is required to replace all dead and missing vegetation on the site, in accordance with the original approved landscape plan. Some modification of the species of trees and plants will be permitted, as identified on the proposed landscape plan. However, the existing oleanders cannot be accepted as a replacement for the wax myrtles. Although the oleanders may remain, the wax myrtles must be added or an acceptable substitute provided. Additionally, a hedge was to be provided on south side. of the southern eight -foot wooden privacy fence. The hedge has been planted, but has not been maintained. Some plants are missing or in poor condition. b) Overgrown stormwater tract. The stormwater tract needs to be cleaned and maintained on a regular basis. 5� c) Wooden fence needs repair. The southern fence has broken and rotted boards. Some sections are missing entirely and should replace boards. d) Dumpster enclosure needs repair. The gate of the dumpster enclosure should be repaired to hang and operate properly. e) Monument sign is damaged. The panels were broken shortly after installation. Additionally, the applicant has not passed building department inspections and it recommended that the applicant address that also. Growth Management has not taken code enforcement action even though these items are code violations, in the hopes the owner would voluntarily remedy the items. However, the Council may choose to add these items as a conditional of approval. Planning and Zoning recommendation: The Planning and Zoning Commission held a public hearing on January 15, 2009, to consider the request. The Commission recommended the following items be remedied prior to the modification of the wall: • Reduction of the wall by 4 feet; • Reduction of the chain link fence on the remaining three sides of the retention area to be level with the remaining front wall; • Replacement of the dead or missing vegetation; • Stormwater tract to be cleaned and maintained; • Rear hedge to be provided; • Repairs to the wooden fence; • Repairs to the dumpster enclosure; and • Repairs to the monument sign. Further to that action, the Commission approved a waiver of Section 54-4- 21.3(b)(2) reducing the required 4 -foot opaque feature along the CR 512 frontage to 2 feet. Minutes of the meeting are attached. It should be noted that there was one resident in attendance who requested that the wall not be modified and was in opposition to the reduction of wall height. Conclusion and Staff recommendation to City Council: Staff has prepared Resolution R-09-09 modifying the original conditions of the special use permit. Code enforcement issues are not included in the conditions of the special use permit, but may be handled separately unless the Council wishes to address these as part of the approval. Hold public hearing to consider the request for a modification of the original site plan and the conditions of the special use permit for the carwash located at 921 Sebastian Boulevard. Move to approve Resolution R=09-09. 3, ECEI r2i) Permit Application No. HOMEOFP � City of Sebastian DEC 16 2008 Development Order A_ 31' Applicant (If not owner, written authorization (notanzer]" from owner Is-re4uired) Name: T1��0 f' Address: 1 ` PhoneNu(� �� _4V 4 FAX Number: I E -Mail: Owner (If different from applicant) Name: T.os e Y k 4ko n k b Address: G wi v 49 T Phone Number. ( ) i�T.;1�2 E -Mail: " Title of permit or action requested: '_ ( RAGE — 5 Lv— ,p.�, FAX Number: 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): I B. Site Information Address: 4) fl G��ir�ns Lot: Block: Unit: Subdivision: `� � iI6 © s<G�si�ah �F1'dhF�r�r�5 Indian River County Parcel #: 3( — JFd 13 0 60 o y _ (g 6 O _ �47o t L d Zoning Classification: G 57 11 -Future Land Use: Existing Use: Proposed Use: /rLI,- C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): emn 4 �t�o to d V). r/ DATE RECEIVED:) �I b l 0$ FEE PAID: $ YA y S -b RECEIVED BY: 11/07/2006 17:32 772778367.7 NBV ENGINEERING PAGE 03104 D. Project Personnel: Agent: N/A Name: (Address: Phone Number: ( ) JFax Number: ( ) E -Mail: � lAttorney: N/A Name: Address: IPhone Number: ( ) Fax Number: ( ) J IE—Mall: lEnginser: Aaron J. Bowles, P,E. (Name: MSV Engineering, Inc. (Address: 2456 14th Avenue; Vero Beach, FL 32960 IPhone Number: ( 772 ) 569-0035 Fax Number: ( 772) 778-3617 E -Mail: mbvengCDmbveng.com 18urveyor: David Jones, PSM Name: David Jones Surveying, Inc. (Address: 3899 39th Square; Vero Beach, FL 32960 I IPhone Number: 772) 567-9875�FaX Number: ( 772) 567-9172 I E -Mail: N/A Joseph KCr'po BEING FURST OUPLY SWORN, DEPOSE AND SAY THAT: X 1 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 TRUE TO THE BEST OF MY KNOWLED E AND BELIEF. �'ol / 10 -2 op 0 Signature'–:— Date S m scribed before me by jae vh 6V-00 Who is personally kno me or produced as wentlticatlon, mis- - f',"�' day of A/OV[m Ae,P_ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO,/EXPIRATION SEAL: Form CD -2001 IApproved: 08-27-97 l Revision: E SII Page 2 of 3I Development Application File Name: DOA ELI YOUNES "OTurr vueuc.srATE0Fn0=A COo�SR s#-0pp��4 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. IME, _ 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 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 UWE 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 PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. TkL SIGNATURE If - f6- 2� d DATE Sworn to and subscribed before me by -_� nSEV}A 11 W1 0 1p? V U who is produced F �- �') I L` 4Co Old " `i", (Da as identification, this L day of D £ C C VY♦ P7f� fl Notary's Signature lk "�F Printed Name of Notary 41 L_, L -o 'r Commission No./Expiration '7 ! T 3J " 2? L4 I ! ..1 Seal: CSUSA'1�1 B.RUSSoCOMA1;D767358xP1AV-10620no„rl A++a. CP ,VY+ 00 Supplemental Information Site Plan Approval X 1. Site size in acres or square foot: kl—2. Area of impervious surface in square foot: X3. Area of pervious surface in square foot: X 4. Attached the following: Permit Application No. 0.59 ACRES 15,495 10,105 X a. Six copies site plan with tot configuration, finished ground floor elevations, contours and designating number of dwelling units, and setbacks to scale indicating compliance with regulations. (Two sets must be sealed.) NIA b. A scaled drawings of the sides, front, and rear of the building or structure, generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building exterior construction material and color, and building height. NIA c. A surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida. NIA d. A land survey with complete legal description prepared qnd certified by a registered surveyor. NIA e. A traffic impact analysis, if required. N/A f. An erosion/sedimentation control plan. X g. A copy of the landscape plan to meet the requirements of Article XIII, Landscape Regulations, and Article XIV, Tree Protection, of the Land Development Code. X h. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient.. Form CD -2019 / JApproved:08-27-97 (O Page 1 of 2 (Site Plan Revision: File Name: Sisitept. X_i. 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. X 5. The following information is required on all site plans: X_a. Location of the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. X b. Locate on the site plan and show the dimensions of all curb cuts and driveways, including the nubmer of spaced with their location and dimension, details of off-street parking and loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment Any' combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. X c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. X_d. Locate on the site plan. and describe the character of landscaped areas and/or recreation areas. X_a. Locate on the site plan and describe the design and character of all public, semi-public, or private utilities such as water and wastewater disposal facilities, underground or overhead electric lines, gas transmission lines, or other similar facilities or services. X_f. Locate on the site plan and describe the height and gernal character of perimeter or ornamental walls, fences, landscaping, including berms and other required screening devised, and any other plans for protecting adjacent property owners. X g. Locate on the site plan existing easements and rights-of-way. Form CD -2019 Page 1 of 2 JApproved:08-27-97 Revision: 1Site Plan File Name: Sisitepl RESOLUTION NO. R-09-09 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING MODIFICATIONS TO THE CONDITIONS OF A SPECIAL USE PERMIT FOR A CAR WASH LOCATED AT 921 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Resolution No. R-00-56 was adopted on October 25, 2000, approving a special use permit for operation of a car wash located at 921 Sebastian Boulevard; and WHEREAS, Resolution No. R-00-56 established eight (8) special conditions of approval for the operation of the car wash; and WHEREAS, the owner, wishes to modify the special use permit resolution and is requesting removal of four (4) feet of the six-foot front screening wall to enhance site visibility; and WHEREAS, the Planning and Zoning Commission held a public hearing on January 15, 2009, to consider the request and recommended approval, with conditions; WHEREAS, this resolution shall supersede Resolution R-00-56; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SPECIAL USE PERMIT APPROVAL. The City Council of the City of Sebastian does hereby approve a modified special use permit for operation of a car wash at 921 Sebastian Boulevard in accordance with the plans and application maintained on file with the City Growth Management Department, subject to the following special conditions: 1. Owner shall install a stop sign at exit along C.R. 512 in accordance with the Manuel of Uniform Traffic Control Devices (MUTCD); (0 2. An eight -foot wooden fence shall be installed and maintained along the rear of the property; 3. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.; 4. The screening wall along the front of the property shall be modified by removing four (4) feet, as shown on the CR 512 Wall Removal Plan, Sheet CI of 1 by MBV Engineering, Inc., revision date 12/15/08. Remaining wall shall be two (2) feet in height. The chainlink fence along the remaining three sides of the retention pond shall be removed and replaced with decorative fencing. 5. The building shall have a tin roof, with design coins on the corners of the building as shown on the rendering presented at the October 25, 2000, City Council meeting; 6. Landscaping shall be installed on the south side of the eight -foot wooden fence located on the rear of the property, as shown on the site plan identified as CR 512 Wall Removal Plan, Sheet CI of 1 by MBV Engineering, Inc., revision date 12/15/08; 7. Landscaping for the entire site shall be in accordance with the CR 512 Wall Removal Plan, Sheet C1 of 1 by MBV Engineering, Inc., revision date 12/15/08. 8. Conditions 1, 2, 3, 5, 6, and 7 shall be completed prior to the issuance of building permits for Condition 4. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 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 Richard H. Gillmor Vice Mayor Andrea Coy Councilmember Jim Hill Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of February, 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney 0� RESOLUTION NO. R-00-56 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASB LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS B:EREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Ken Chestnut has filed an application for approval of a special use permit to operate a commercial carwash in the C-512 zoning district; and WHEREAS, staff finds the requested permit to be in compliance with the Comprehensive Plan and LDC of the City and said special use permit was recommended for approval by the Planning and Zoning Commission on August 3, 2000, subject to three special conditions; and WHEREAS, said special use permit was rejected by a 4-1 vote of the City Council on September 13, 2000, but a subsequent Motion for Reconsideration of this matter passed by a 5-0 vote on September 27, 2000; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SPECIAL USE PERMIT APPROVAL. The City Council of the City of Sebastian does hereby approve a special use permit for operation of the Chestnut 512 Carwash in accordance with the plans and application maintained on file with the City Growth Management Department, subject to the following special conditions: A stop sign shall be installed at the egress on the south side of the sidewalk along C.R. 512; 0 2. An eight foot wooden fence shall be installed on the rear of the property rather than the six foot wall shown on the plans; 3. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.; 4. A stop sign shall be installed at the egress on the north side of the sidewalk before entering C.R. 512; A screening wall shall be constructed across the front of the property as shown on the Site Plan revised on October 3, 2000; 6. The building shall have a tin roof, with design coins on the corners of the buildings as shown on the rendering presented at the October 25, 2000, City Council meeting; Landscaping shall be installed on the south side of the eight foot wooden fence located on the rear of the property as shown on the Site Plan revised on October 3, 2000; and In addition to the required landscaping, nine (9) additional trees shall be planted as shown on the Site Plan revised on October 3, 2000. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith, are hereby repealed. Section 3. 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 "sa, and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of October, 2000. ATTEST: �f Sally A. M16, CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: W 0 tt, fq .-ab Mayor Walter Bames Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Atton y e CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 15, 2009 Chmn. Paul called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Paul Mr. Simmons Mr. Dodd Mr. Hepler Mr. Neuberger Mr. Srinivasan Mr. Cardinale EXCUSED: Mr. Buchanan Mr. Blais ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, Interim City Attorney Dom Bosworth, Zoning Technician ANNOUNCEMENTS: Chmn. Paul announced that Mr. Buchanan and Mr. Blais are excused and Mr. Neuberger and Mr. Hepler will be voting. APPROVAL OF MINUTES: Regular Meeting of 12/04/08 MOTION by Simmons/Cardinale to approve the P&Z meeting minutes of 12/04/08. Motion was approved unanimously on roll call. OLD BUSINESS: NONE NEW BUSINESS: A. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — MODIFICATION TO A SPECIAL USE PERMIT & SITE PLAN — C-512 CAR WASH — 921 SEBASTIAN BOULEVARD — REMOVAL OF FOUR FEET (4') OF THE WALL WITH THE REMAINING WALL TO BE TWO FEET (2') IN HEIGHT B. PUBLIC HEARING — WAIVER OF SECTION 54-4-21.3(b)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE — TO ALLOW A TWO -FOOT (2') HIGH OPAQUE FEATURE FOR USE WITH VEHICLE AND SERVICE BAYS IN THE CR -512 OVERLAY DISTRICT On the recommendation of Mr. Ginsburg, Chmn. Paul read both items A and B in order to conduct the hearings simultaneously and opened the hearings. He asked for the applicant to come forward and make his presentation. D PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 15, 2009 Mr. Joseph Koruo, owner of the 512 Car Wash facility, made his request to reduce the wall in the front of his property by four feet and leaving a two -foot high wall. Ms. Grohall added that from the grade of the land it would be a two -foot wall but from the sidewalk, as the property is graded slightly higher, the wall would appear slightly higher. Mr. Simmons was concerned about the maintenance condition of the property and Mr. Srinivasan agreed and asked about the owner posting a for sale sign at the property. Mr. Koruo said when he purchased the business he took care of defective and deficient items and noted that he has had it for sale for two years and didn't think it would be selling any time soon. Mr. Koruo added that he wants the wall decreased in height for safety reasons. Mr. Cardinale noted for the record that after he spoke with Ms. King in Growth Management he visited the site and spoke with Mr. Koruo. Mr. Dodd asked for clarification regarding the review process and visible code violations on a property. Mr. Ginsburg explained that the Planning and Zoning commission has certain power to condition the relief being sought. Mr. Hepler also had concerns about the condition of the property and the retention area. The following from the public spoke: Arthur Harris lives diagonally across the street from the car wash. He explained that City Council approved the project with the wall so the car lights would not shine out and across onto properties. Chmn. Paul swore in everyone who spoke. He then closed the hearing. There was further discussion about fencing around the stormwater pond and the effect of lowering the wall on that pond with regards to the City's liability to accidents and lawsuits. Mr. Ginsburg said these are concerns but there is no way the city could immunize itself from potential lawsuits. He explained that the standard the Commission and the City Council would be held to is whether what you have done is reasonable in the circumstances. Mr. Simmons asked if the chain link fence should be level with the wall and Ms. Grohall said from an aesthetic point of view the top of both the wall and chain link fence should be level. MOTION by Paul/Neuberger to deny the approval of the modification to the special use permit and site plan for the Sebastian 512 Car Wash removal of four feet of wall with remaining two feet in height. ROLL CALL: Mr. Paul yes Mr. Hepler yes Mr. Simmons no Mr. Neuberger yes Mr. Dodd no Mr. Srinivasan no Mr. Cardinale no The vote was 4-3. Motion denied. MOTION by Srinivasan/Dodd to approve the modification of special use permit site plan for removing four feet of height from the wall conditioned upon also retrofitting the chain link fence and addressing the items staff has outlined in the report; item 2, replacement of dead or missing vegetation, item 5, stormwater tract to be cleaned and maintained, 07q PLA aIpviNv A^:D wNiavv Cvwiiviicivivw MINUTES OF REGULAR MEETING OF JANUARY 15. 2009 item 6, hedge to be provided, item ?, repair the wooden fence, item 8, to r pair the dumpster enclosure and item 9, repair the monument sign. ROLL CALL: Mr. Neuberger yes Mr. Hepler yes Mr. Cardinale yes Mr Paul no The vote was 6-1. Motion passed. Mr. Dodd yes Mr. Srinivasan yes Mr. Simmnng vas MOTION by Srinivasan/Dodd to approve a waiver of Section 54-4-21.3(b)(2) of the Sebastian Land Development Code to allow a two -foot (2') high opaque feature for use with vehicle and service bays in the CR512 Overlay District. ROLL CALL: Mr. Neuberger no Mr. Hepler yes Mr. Cardinale yes Mr. Paul no The vote was 4-3. Motion passed. CHAIRMAN MATTERS: Mr. Dodd yes Mr. Srinivasan yes Mr. Simmons no Mr. Paul asked if there was anything in our code or ordinance regarding human signs. Ms. Grohall said there has been discussion regarding the sign ordinance. MEMBERS MATTERS: Chmn. Paul opened the nominations for chairperson. Mr. Simmons nominated Mr. Paul to continue as chairman. As there were no other nominations Mr. Paul was appointed Chairman by acclamation. Mr. Simmons nominated Mr. Cardinale to continue as vice-chairman. As there were no other nominations Mr. Cardinale was appointed Vice -Chairman by acclamation. Mr. Hepler asked if it would be possible to have a monthly letter released posting all dates and times of meetings of all boards and commissions. Ms. Grohall said the city publishes a quarterly newsletter and due to production times it may not be feasible to put meeting dates in there. However, they are publicized on the calendar and can be found on the website. Comcast channel 25, the Press Journal and the public notice board in city hall. DIRECTOR MATTERS: Ms. Grohall congratulated Mr. Paul and Mr. Cardinale on their re-election as Chairman and Vice Chairman respectively. ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 8:23 p.m. (1/19/09 sbl) (D15 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 variances) Primary Name: J -05P h K o ru Q (Subdivision, UD or ApplicanUDeveloper Name if Small Parcel) Applicant Name: Proposed Use: Ca -f Lva6 h (if applicable) Location: —1 Z( S eek a'S - OL4 R l u d (address, parcel number, metes and bounds description) Acreage: Adopting Documents: If applicable Annexation Ordinance: Date: CLUP Amendment: Date: Rezoning/Conceptual Date: Special Use: P--0 4 - 0 9 k -00 -5 6 Date: Preliminary Plat: Date: Final Plat: Date: Comments: ge-glt e -s �-e d pe—r t I Ss i Ur1 J rewou e - ✓JOY+ -1 on o lwlal l , I EXISTING LANDSCAPE LEGEND 0 LIVE OAK TREE (11) DAHOON HOLLY (11) (12' HEIGHT) (12' HEIGHT) qA CABBAGE PALM (9) (16 -20' HEIGHT) WAX MYRTLE (12) (6' HEIGHT) VIBURNUM HEDGE O CRINUM LILLY (6) 3' HEIGHT, 24" O.C. EXISTING LANDSCAPE DATA 1. TREES ALONG C.R. 512 BUFFER = (4 CANOPY AND 5 UNDERST❑RY/100 LF) = (4 CANOPY AND 5 UNDERST❑RY/100 LF)(135 LF) = 6.0 CANOPY AND 7.0 UNDERST❑RYi. 2. TREES ALONG SOUTH PROPERTY LINE = 1 TREE/25 LF (135 LF) = 6.0 TREES 3. TREES ALONG EAST PROPERTY LINE = 1 TREE/35 LF (138 LF) = 4.0 TREES j 4. TREES ALONG WEST PROPERTY LINE = 1 TREE/35 LF (138 LF) = 4.0 TREES 5. N❑N-VEHICULAR OPEN SPACE = 1 TREE/2,000 SF (9,726 SF) = 5.0 TREES 6. OFF STREET PARKING = 1 TREE/5 SPACES (10 SPACES) = 2.0 TREES 7. TOTALS TOTAL TREES REQUIRED = 34 TREES TOTAL TREES PR❑VIDED = 43 TREES i EXISTING LANDSCAPE NOTES j 1. ALL LANDSCAPING SHALL BE INSTALLED IN ACCORDANCE WITH THE APPLICABLE PR❑VISI❑NS OF THE CITY OF SEBASTIAN LDR'S, I. 2. ALL PLANTING BEDS SHALL BE FULLY MULCHED TO A DEPTH OF 3' WITH A BARK OR SHREDDED ❑RGANIC MATERIAL MULCH. I 3. ALL LANDSCAPED AREAS SHALL BE 100% IRRIGATED WITH AN AUT❑MATIC SPRINKLER SYSTEM. 4. AREAS NOT INDICATED AS PLANTING BEDS C❑NTAINING TREES AND/OR SHRUBS SHALL BE FULLY SODDED. 5. ALL LANDSCAPING MATERIALS SHALL BE FLORIDA NO. 1 OR BETTER. .A I EDGE ff PAVOM EELLSMERE ROAD. - COUNTY ROAD 512 RIGHT ❑E"�',/AY VARIES EDGE OF PAVIDW 6T❑P OF BANK © 65 L ENDS 0 APPROXIMATE CENTERLINE OF SWALE ✓9 O ✓9 19 ✓9 22 ✓� I LAI T❑P OF BANK 9 , � �V s9 'C � 5 SIDEWALK s o r e � N 38 10 37 E 16 00, PLAT I �� SC7 ❑N R D -7K- - - N SET IR❑N ROD & 3909 CAP & 3909 CAP ® E TING STORMWATER MANAGEMEN TRACTNOTE: TOP OF RETAINING WALL. EL. = 24.70' ® PROPOSED 10' HIGH EXISTING TOP OF WALL EL. = 30.70' BOTTOM OF TRACT EL. = 22.5' MONUMENT SIGN STYLE . ALONG ENTIRE LENGTH OF NORTH PROPERTY I z1h (THE STORMWATER TRACT SHALL BE CLEANED LINE. THE REMAINING TOP OF WALL IS AT AND MAINTAINED ON A REGULAR BASIS.) ELEVATION = 24.70' To © (REMOVE THE TOP 4' OF THE RETAINING WALL O3 ALONG ENTIRE LENGTH OF NORTH PROPERTY LINE TO EL. - 26.70') O TIE INTO EXISTING 4' CHAIN LINK FENCE ON TOP OF REMAINING WALL AT EL. = 24.70') Zki EXISTING 4' C/L FENCE ON sr f9r TOP OF WALL ALONG 3 SIDESCil NOTE: ^ +�tr, • t �, of ;:�.:,,*;,�t•;.; HOURS OF OPERATION SHALL BE i LIMITED TO 7:00 A.M. TO 10:00 P.M. Cfl -tom r'r•�'ti•y.l::rr• _ ' �j R1l ��'.;r� �x s -s•r �� NOTE: �� w " •�' r THE EXISTING LIGHTING SHALL MEET THE REQUIREMENTS r1i OF THE OVERLAY DISTRICT. IF THE LIGHTING DOES NOT F C,) MEET THE REQUIREMENTS OF THE OVERLAY DISTRICT, THE LIGHTING MUST BE REMOVED AND RE -INSTALLED EXIS ING CAR SH BUILIIING m TO MEET THE OVERLAY DISTRICT REQUIREMENTS. FIN.FL. EL. 24.80' AUTOMATIC MECHANICAL MANUAL MANUAL MANUAL MANUAL BAY ROOM BAY BAY BAY BAY I�'r sr �° (T) os, o o �C Q CONTRACTOR TO VERIFY EXISTING LANDSCAPING AND SHALL REPLACE DEAD OR MISSING LANDSCAPING , TO BRING SITE INTO COMPLIANCE ~' ` ..'.•ti ••. .I �t r "°' ' " WITH THIS PREVIOUSLY APPROVED �' r ` •� a• °• ~ �• ' LANDSCAPING. I ti,}•.i;•1•' a r }' i� jti� ..,y •S..�l .ti?r�`/:.�� t7 •� ,1 y. a•4+ :�' • , +. '•� Py .1y+,r•q. .1 .� ti. }-r •+ •�{ . �� .•.:..r, ;. �•iti• ,1 yti. .S. •�•. .,L• t Rrr••r'� t �.: :•a x�r �, •. Y6�•�•, .r. r �� ��L��T i `'4•c •ter-i'.-`'ti.�� � ��5� � l.�i-'y. ��: �r• -I�� •s. ,- 2 2' � r FOUND 3/4' IRQN PIPE SET PK NAIL N 38"10'37'E - � - - -n g ��� & DISK - N 38 '37'E 455.07' MEASURED - SET PK NAIL S 38°10'37#w 160.00' PLAT 335,00' PLAT 455.00' PLAT & DISK EDGE ❑F PAVEMENT 335,05 MEASURED VIBURNUM HEDGE c� 3' HEIGHT, 24" O.C. -EXIST. F.H. i -- -- - -- -- -_- uVRMEAD - -- - -- - -- FENCE E! EMAIN PREVIOUSLY APPROVED LANDSCAPE PLAN LEN TH OF SO THWOOD PROPERTY LIN (TIRE 4' OFFGEDGEFOF PAVEMENT O HEDGE ON BOTH SIDES F FENC AND EXISTING OLEANDER TREE (6) HEIGHT) I 0 EXISTING LIVE OAK TREE (1) (12' HEIGHT) (6' I EXISTING FOXTAIL PALM 7 () (16'-20' HEIGHT) PROPOSED OAK TREE (5) (12 HEIGHT) EXISTING LIGUSTRUM TREE (1) HEIGHT) PROPOSED CRINUM LILLY (6) (6' O EXISTING VIBURNUM HEDGE 3' HEIGHT, 24" O.C. EXISTING/PROPOSED LANDSCAPE PLAN 48 HOURS BEFORE DIGGING CALL TOLL FREE 1-800-432-4770 SUNSHINE STATE ONE CALL M OF FLORIDA, INC. N O O AND TREES ON NORTH SIDE OF NCE. (� Q (ADD HEDGE ON SOUTH SIDE I L❑ T 30 1 OF FENCE AS SHOWN.) I ❑ T 28 � LOT 27 L❑T 29 I I i PAVING AND DRAINAGE SITE 1 " = 20'-0" REMOVE TOP 4'-0" OF - EX 15T ING MA50NRY WALL PROPERTY LINE` 5' 2' 6' EXI5TING WALK T P OP. WALL El_. - 26.70 I EPI L. 24.10' JI TOP EX 15T. WALL EL. • 30.70' 4' C/L FENCE ON TOP OF WAL�1 26' 2' RETENTION AREA ' MIVEWAY TOP EX 15T. W& L EL. • 24.70' 4• 5LO E/PLAN o SECTION A -A - 22.5, PLAN SITE OD a � o � ° e 00 M O 1 O N O ( cV I m V) m II (0Q�ao'r LOCATION MAP F N qs � Z c� °n Co.) aD Z r SITE INFORMATION _ 1 � ® W W -a � _ Z X wQ JOSEPH-KORUO (n O LL 10430 BUENOS AIRES STREET 0 = COOPER CITY, FLORIDA 33026 Z Z a 954-583-9880 W 06 SURVEYOR 0 DAVID M. JONES m 3899 39TH SQUARE Q M VERO BEACH, FLORIDA 32960 Z 772-567-9875 N oo N ZONING -E QUO C-512 ® J Q LL i LAND USE I U czi COMMERCIAL 512 DISTRICT z Z / I a W m SITE DATA 0 (n f o W w GC A SITE AREA = 25,600 SF = 0.59 Ac = 100% W> BUILDING AREA = 2,798 SF = 0.06 Ac = 10.9% Z CONCRETE AREA = 1,948 SF = 0.05 Ac = 7.6% J W PAVEMENT AREA = 11,128 SF = 0.26 Ac = 43.5% W Z TOTAL IMPERVIOUS AREA = 15,495 SF = 0.36 Ac = 61.0% O TOTAL OPEN AREA = 10,105 SF = 0.23 Ac = 39.0% 0 Q Z = F- BUILDING HEIGHT Q J r EAVE HEIGHT = 20' MAX. PARKING DATA PARKING REQUIRED = 2 SPACES/BAY(5 BAYS) = 10 SPA, PARKING PROVIDED = 10 SPACES (6 AT VACUUM AND 4 STANDARD) PERMITS REQUIRED CITY OF SEBASTIAN SITE PLAN APPROVAL FLOOD ZONE THE SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE 'X' PER F.I.R.M. PANEL No. 120 61 CO078 E, DATED MAY 4, 198S SURVEY BENCHMARK BENCHMARK IS THE TOP OF P.K. NAIL AND DISK AT THE N.E. CORNER OF LOT 15, ELEVATION = 22.19' BASED ON NATIONAL GEODETIC VERTICAL DATUM. WASTEWATER SOURCE LIFT STATION TO INDIAN RIVER COUNTY UTILITIES FORCEMAIN ALONG C.R. 512 WATER SOURCE INDIAN RIVER COUNTY UTILITIES WATER MAIN ALONG ALLEY. TAX PARCEL I.D. NUMBER(S) 31-38-13-00002-1860-00012.0 SITE ADDRESS 921 SEBASTIAN BLVD. SEBASTIAN, FLORIDA 32958 LEGAL DESCRIPTION LOTS 12 THRU 15, BLOCK 186, SEBASTIAN HIGHLANDS UNIT t ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT B( 6, PAGE 10, OF THE PUBLIC RECORDS OF INDIAN RIVER COUI FLORIDA. EXISTING DRAINAGE STRUCTURE SCHEDULE STRUCTURE NUMBER TOP ELEV INVERT ELEVATIONS NORTH SOUTH EAST WEST BOTTOM ELEV DESCRIPTION 10 24.20 21.60 21.10 TYPE "C" CATCH BASIN �k 24.20 21.20 21.20 20.70 TYPE "C" CATCH BASIN 3O 22.50 21.00 20.50 TYPE "C" CATCH BASIN ® 24.65 20.00 19.50 CONTROL TYPE "C" BASIN 19.50 MITERED END SECTION © 19.00 MITERED END SECTION 19.00 MITERED END SECTION * H720 TRAFFIC BEARING GRATE Z e vz- RECEIVED DEC 17 2008 Q 0 0 LL_ cq VJ u) V V Z Q Q in w U) SHEET cl OF 1 06-603