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HomeMy WebLinkAbout1997 - Special Use PermitPLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 6, 1997 DISCUSSION - DAYCARE - TRACT 1, SOUTH WIMBROW DRIVE - LIBERTINO Mr. Massarelli noted that he had received a request to put a daycare center on Wimbrow Drive. He proceeded to point out various sources of information for discussion and a determination. There was much discussion about what qualified for major and minor collector roads. and which classification best suited South Wimbrow Drive. Mr. Johns agreed with Ms. Kilkelly that this seemed to be a good place for a daycare center. Ms. Kilkelly suggested that Mr. Massarelli confer with Mr. Solin on his intention when the Code was written. The Commission agreed with this decision. RECOMMENDATION TO CITY COUNCIL - PROPOSED ORDINANCES PROCEDURAL CHANGES TO THE LDC - 0-97-X131) TO 0-97-X15C Ordinance 0-97-X13D was discussed. It was determined that Mr. Massarelli would create a chart to show what quasi-judicial cases will go to City Council and what cases to Planning and Zoning. He also noted that the City Attorney will be at the next Commission meeting and she can talk about the entire quasi-judicial process and any problems involved. Mr. Mather requested that this Ordinance be brought back on March 20, 1997. Ordinance 0-97-X13E was discussed. All changes were accepted by the Commission members. MOTION by Johns/Mather I make a motion that we recommend to City Council approval of Ordinance number 9-97- X13E. A voice vote was taken. 6 - 0 motion carried. Ordinance 0-97-X14b was discussed. MOTION by Mather/Johns I make a motion to recommend to City Council 0-97-X14b. A voice vote was taken. 6 - 0 motion carried. Ordinance 0-97-14c was discussed. It was agreed that throughout the Ordinances, wherever the change was trade to "Community Development Director...", Mr. Massarelli would include the phrase "...coordinating the review with the Engineer and other staff'. or similar wording. After more discussion, it was decided that after consultation with the City Manager on the organizational chart, Mr. Massarelli will bring this ordinance back before the Commission. 1 z Z C,q4JA)r-6RIJ . D� 576b�S-7-1 ig A) -- A (v o APPLICATION FOR SPECIAL USE HERMIT In accordance with Section 20A-2.61 Land Development Code, th, City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in zoning regulations. All such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to comprehensive plan or other applicable law or regulations. The City Council shall not grant.any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) The granting of the permit will not be detrimental t public safety, health or welfare or be injurious to other properties or improvements within the immediat vicinity in which the property is located= and 2) 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 fee for a special use permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailin,� fee (currently $2.29 for U.S. mailing) . M / --'\I- NAME -'\I-NAME OF APPLICANT: /s/R nod �/RRI�o �c ADDRESS OF APPLICANT. 61CO7 I� C/ APPLICANT PHONE #: A B d l D Gl p ADDRESS OF SUBJECT PROPERTY. LEGAL DESCRIPTION OF SUBJECT PROPERTY: l 5' 4 I t e 07©es o o ! , 0000 — 00000 ► 1 20NING OF SUBJECT PROPERTY: � S IO REASON FOR REQUEST FOR SPECIAL USE PERMIT: Woe-) -Tc-) Ro14� R D111 G401:c IryEr R ons ioxlOMF7 �'D d6,111(l 4n-) iV10 26-040 45a �T �13(DA)F PAR c,E',/. THE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS 99� Signature of Applicant Date b:specuse.app 1 WAIVER AND CONSENT Z?We, the owner (s) of the property located at �- 6J 14)19,Q&J DR Sebastian, Indian River County, Florida, (the"P' erty"), hereby authorize each and every member of the c) Board/Commission of the City of Sebastian (the "Board"/ "Commission") to physically enter upon the property and view the Property in connection with my/our pending 000,_ (the "Proceeding"). VF/We hereby waive any objection or defense 49/we may have, due to the quasi-judicial nature of the proceeding, 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 st/us 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. Dated this __Ia day of Am r, /71 SWORN to and subscribed 19 ctrl • My Commission Expires: 199. C before me this 1,a, '��o r i5 Notary' Public BORIS J. GRANT .. :: W COMMISSION # CC368951 EXPIRES May 1, 1998 SWED TM TNY FAN INSUROM, LM day of Property Owners 200 feet around Tract "E" Thomas & Eleanor Sardo 37 Farris Ave Florida, NY 10921 Ralph Hamilton PO Box 725 Vero Beach, F132961-725 Incitco Realty, Inc. PO Box 430 Vero Beach, F132961-430 Roy & Dolores Hubert 1926 Ley Street Pittsburgh, PA 15212 Peter Di Gregorio 5420 3d Place Vero Beach, F132968 John Malek 203 Riverway Drive Vero Beach, F132963 Thomas Huber 750 Beard Avenue SW Sebastian, F132958 Gary & Cheryl Blair PO Box 191 Alden, NY 14004 R.G. Chalker 4815 69" Street Vero Beach, F132960 1 1 eS �; cliagc tt cz L'h2� teel"e Seba rrst CIA so South Yrinakow Drive Sebastian, F132958 Dean & Linda Nephen 8140 135` St. Sebastian, F132958 LEGAL BASIS AND GENFRAL. PROVISIONS § 20A -6.I. (d) Storage of inoperative or unregistered motor vehicles generally shall not be permitted on the premises. However. motor vehicles which are being serviced may be stored in appropri- ate outside parking area,,;,- for a period not to exceed eight (8) days. (8) Landscaping. All vehicle storage areas. aisles, travel lanes, driveways, and other outdoor areas designed for the use of vehicles being serviced or maneu- vered shall conform to landscape requirements for off-street parking areas. 2. Bars and lounges: a. Applicable zoning districts.- Bars and lounges shall be permitted as a conditional use within the following zoning districts: CG and G&W. b. Conditional use criteria. - (1) No site shall be located closer than one hundred (100) feet to any residential district, place of wor- ship, or public or private school. (2) The use shall comply with all applicable state and local codes and ordinances. (3) Necessary measures shall be taken to ensure that the operation of the facility will not disturb adja- cent property owners and the facilitv shall comply with the provisions of subsection 20A-7.4(GX9). Child care facilities. - a. Applicable zoning districts.- Child care facilities shall be permitted as a conditional use within the following zoning districts: RE -40. RS -20. RS -15. RS -10, RM -8, RM -12 and COR. b. Conditional use criteria. Child care facilities will be allowed provided the following conditions are met: (1) The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. A fa- cility located within the RS -10 district shall be located on a major collector street or larger as des - Stipp. No. 15 395 • - e § 20A-6.1. SEBASTIAN LAND DEVELOPMENT CODE ignated on the city's adopted thoroughfare map. A facility located in any other zoning district shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. (Ord. No. 0-93-01, § 60, 2-24-93) (2) One accessory off-street parking space shall be pro- vided for each five (5) children accommodated in the child care facility. (3) No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. (4) Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the pre- mises. (5) All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. (6) A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this pro- vision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. Supp. No. 15 396 LEGAL BASIS AND GENERAL PROVISIONS § 20A-6.1. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 7012-24-93) (7) Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A -10.2(F) of this ordinance. 4. Churches, synagogues and other places of worship.- a. orship: a. Applicable zoning districts. Churches, synagogues and other places of worship shall be permitted as a condi- tional use within the following zoning districts: RE - 401 RS -20, RS -15, RS -10, RM -8, RM -12, and PS. b. Conditional use criteria. Churches, synagogues and other places of worship will be allowed provided the following conditions are met: (1) A minimum lot area of twenty thousand (20,000) square feet shall be required. (2) A minimum lot width of one hundred (1001 feet shall be required. (3) The maximum lot coverage by all impervious sur- faces shall not exceed sixty (60) percent of the lot area. (4) No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or district. (5) Access shall be from a major thoroughfare or as otherwise approved by the city engineer. (6) Any accessory residential use or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth for such uses by this section. Accessory residential uses may include convents, monasteries, rectories or parsonages. (7) Screening: All side and rear yards abutting resi- dential districts or uses shall be screened in ac- cordance with the standards established in sec- tion 20A.10.20 of this ordinance. Supp. No. 16 397 SEBASTIAN HIGHLANDS SECTION 7 �! 6 • P 7 J mcr'x' •li rl•la11.1 Indian River County, FL TOWNSHIP 31 South RANGE 39 East ae Ia�J' if ' 88 »¢r 'i ' 76 ;487g72 If K' IS x• S] .a IS • S. ] x. I 1] r] x• a. • .l 1 .] If .1 SS ala I r• w al a: n • u_ . n I . } : a. as n �• n . .rauc rlTt'• 9Y0 ! Ir f SI a 1• ° ' SS � =srn— ' r n ' xx ' u li ee .• ao z♦ If .♦ }• S] S] 1] If K' IS x• S] .a IS • S. ] x. I 1] r] x• a. • .l 1 .] If .1 SS ala io�anl �• a°z•xx Iw xaln xanaxo 50 iaa• a' xf + z' Ii �..z 1 aSI 1f '♦ n• 2I•smui° I •ef �MC.Y.(e A 7 1 7 B I ' I /B 17 1(1=8001 (Approx.) JT�ON 7 TOWNSHIP. 31S RANGE 39E PHOTO REF 5 -25 INFORMATIONAL PLAT NOT A SURVEY 0.3 6> -. - �- CITY LIMITS CL c� �04)oosoo-4;7 / So O d r 00 5'• �� 13 �41J _ { s 000 DOa.O �` �o. SCALE: I"=20 6 a I R0 1 000 a i�, Ut a IrX047.0 `� 04 TRACT E 1 l� a ;� O •�\�j 01 OUN 62. r /L Ci ! � • � a� � 6�` ao o � v 0 0� � D A19F�GE R tW TRACT ,� 9003i• e 1 / .80r01'_rf �� M tea. `�'� �`'��P'� �'��, N 4. 3 0 1 A 24 N 110.07' 345.27' 8b• 80 80' 1 �J BOULEVARD I r � ��� moo. y25'' a � •a,�, e� `�• i n IRI Rus, I R 5' 1 Inns \ 12 S' ' 12 5' 1 r f+.4 n r' 1 I V; 77' i . d Community Development Department Special Use Permit Application - Staff Report 1. Project Name: Daycare Center 2. Requested Action: Approval of Special Use Permit. 3. Project Location a. Address: b. Legal: 485 Block, Lot E. C. Indian River County Parcel Number: 31-39-07-00001-0000-00000-1 4. Project Owner: Judith M. Ordonez and Carmine C. Libertino. 122 Crawford Drive 6167 Island Harbor Road Sebastian, FL 32978 Sebastian, FL 32978 5. Project Agent: 6. Project Engineer: 7. Project Attorney: 8. Project Description: a. Narrative of proposed action: Owners are requesting approval of a special use permit to build a daycare center on approximately 26,000 sq. ft., on one parcel, located on South Wimbrow, one block south CR 512. b. Current Zoning: RS 10 C. Adjacent Properties Zoning Current Land Use Future Land Use North: CR 512 commercial and vacant CL East: IN vacant IN South: RS -10 residential LD ' West: RS -10 residential LD 1 d. Site Characteristics 10. Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located? A day care facility is a conditional use in the RS -10 zoning district. The conditions are described in Sec. 20A-6.1.3. The conditions are: b. Conditionl use criteria. Child care facilities will be allowed provided the following conditions are met: (1) The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated 2 (1) Total Acreage: .9 -37 -acres (2) Current Land Use(s): vacant, undeveloped (3) Soil: Immokolee Fine Sand (4) Vegetation: Flatwoods (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Barber Street Sports Complex - approx. 2 miles (9) Police/Fire: City of Sebastian - approx. 1.5 miles 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located? A day care facility is a conditional use in the RS -10 zoning district. The conditions are described in Sec. 20A-6.1.3. The conditions are: b. Conditionl use criteria. Child care facilities will be allowed provided the following conditions are met: (1) The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated 2 by the use. A facility located within the RS -10 district shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. A facility located in any other zoning district shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. (Ord. No. 0-93-01, § 60, 2-24-93) (2) One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility. (3) No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. (4) Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. (5) All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. (6) A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 70, 2-24-93) (7) Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A - 10.2(F) of this ordinance. 3 The proposed use can meet all of the requirements except for the location on a major collector. See the discussion under additional considerations. With the conditions, the proposed use is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located. 11. is the use requested consistent with the purpose and intent of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? With the conditions outline above, the proposed use is consistent with the purpose and intent of the RS -10 zoning district, and is similar in nature and compatible with the uses allowed in the zoning district. 12: Additional considerations: According to the Land Development Code, a child care facility located within the RS -10 district shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. The code defines a major collector as a street that collects and distribute traffic from residential access streets to arterial streets or other collector streets. By this definition, South Wimbrow is clearly a major collector. The comprehensive plan, however, only identifies CR 505 and CR 512 as major collectors all other streets are local streets. The comprehensive plan prevails when there is a conflict. This matter was taken before the Planning and Zoning Commission on March 6, 1997 to receive the Commissions interpretation of the code. The Commission agreed that the location was desirable for a day care facility but the comprehensive plan prevented the approval of a conditional use permit. The Commission recommended that the issue be handled as a special use permit. 13. Other Matters: The site of the proposed daycare center is on South Wimbrow, which is not designated a major collector, but a significant local. The daycare center is to be located one block south of a major collector (CR -512). 14. Analysis: The proposed use is allowable as a conditional use in the RS -10 zoning district. The code requires the facility to be located on a major collector street. By code definition, South Wimbrow is a major collector, by the comprehensive plan it is not. The proposed use could be considered as a special use permit. 15. Conclusion: With the conditions as outlined for the conditional use permit, the proposed use is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located nor is the use detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located. 4 16. Recommendation: The staff recommends that the Planning and Zoning Commission recommend to the City Council find that the proposed use is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located nor is the use detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located. The staff further recommends that the Planning and Zoning Commission recommend to the City Council approval of the special use permit for the daycare center on South Wimbrow. PREPA ED BY 5 17) DATE City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MEMORANDUM DATE: March 20, 1997 TO: Robert Massarelli Community Development Director FROM: Kenny Schmitt Code Enforcem Officer r REFERENCE: 122 Crawford Drive Regarding an article in today's Florida Today, I went by the residence in question at approximately 3:00 p.m.. I spoke with Ms. Ordonez who denied running any child care services from her house. There were no children on the premises or any evidence of children being cared for. Ms. Ordonez stated she had never spoken to Saundra (reporter) from the Florida Today and did not know where she had received the misinformation from. This was also confirmed by Linda Galley who said she spoke with the reporter and Saundra said she had not spoken with Ms. Ordonez . Based on my opinion, the report of a child care facility being run out of Ms.Ordonez's home is unfounded. t " A - PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 20, 1997 The public hearing was closed at 7:41 P.M. Mr. Libertino, Jr., 480 Tulip Drive, Sebastian, gave a brief description of the planned traffic flow for the daycare center. Mr. Libertino, Sr. noted that there would be a maximum of about thirty (30) to thirty-five (35) children involved. Mr. Bernard Pusateri, 197 Dickens Avenue spoke of the traffic impact, and also about limiting the number of children. Mr. Massarelli pointed out that the Commission has the ability to limit the number of children allowed in this special use permit. Chinn. Fischer discussed this issue with Mr. Libertino, and it was determined that the applicant would provide services for a maximum of thirty-five (35) children. There was discussion of a buffer zone of one hundred (100) feet on the south side. MOTION by Mather/Driver I make a recommendation that we approve the special use permit for a daycare center for Judith M. Ordonez of 122 Crawford Drive, Sebastian, Florida, with the following conditions: 1. That it be limited to thirty-five (35) children. 2. We remove out of item fourteen (14), everything but the first sentence. (remove references to S. Wimbrow) 3. That there be a minimum of a one hundred (100) foot setback from those existing lots, three (3) & four (4), Block 485, on the south, as a restriction. 4. And all conditions in the staff report. Roll call was taken. W. Driver - Yes Chmn. Fischer - Yes Mr. Munsart - Yes Ms. Vesia - Yes The vote was 7 - 0. Motion carried. MEMBER MATTER: Mr. Johns - Yes Mr. Schulke - Yes Mr. Mather - Yes At this point, Ms. Vesia introduced Mr. & Mrs. Thompson to speak on a matter about their builder. David Thompson- 1531 Spinnaker Lane, Sebastian, spoke about their new home built by Versa Homes whose office was on Barber Street. He noted that he had checked all suppliers and 4 PLANNING AND ZONING COMMISSION MIN'MS OF REGULAR Mrtr 1 iNG OF MARCH 20, 1997 There were eleven (11) notices of hearing sent out and we received no objection or non -objection letters. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:12 P.M. with no public input. All questions asked by Commission members were answered satisfactorily. MOTION by Mather/Johns I make a motion that we approve Business Data Access for Ray Yetvin for Home Occupation License at 146 Miller Drive. A voice vote was taken. 7 - 0 motion carried. RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT - PROPOSED DAYCARE CENTER - S. WIMBROW DRIVE - RS -10 ZONING DISTRICT - C. LIBERTINO Mr. Massarelli gave staff presentation. He noted that he had located a 1988 map, which was a Thoroughfare Plan, and it identified S. Wimbrow as a major collector, but there is no indication that the City ever adopted this plan. He gave further information on this issue and recommended that the Planning and Zoning Commission recommend approval to City Council with the conditions on page two (2) and three (3) of his staff report - items (1) through (7). There was much discussion on this special use permit covering the issues of setting precedence, traffic impact, property values and the number of children. The applicant, Mr. Carmine Libertino, 6167 Island Harbor Road, was present and identified himself. He noted that there would be a buffer zone as the daycare center would be placed on only half of the property. Mr. Massarelli pointed out that the applicant should not plan to use the alleyway to the north of the property as part of the traffic pattern since there are drainage problems there, and it is really intended only as an access to the businesses on CR 512. He also noted that the traffic pattern can be addressed at the time the site plan is submitted. The public hearing was opened at 7:27 P.M. Mr. Al Vilardi, 445 Georgia Blvd., Sebastian spoke of the present traffic pattern and suggested a sketch of what is planned for the site. Mr. Dean Nephew, 363 Georgia Blvd., spoke in opposition, and is concerned with property values and the increase in traffic. r p> City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, MARCH 20, 1997, AT 7:00 P.M., TO CONSIDER APPROVAL OF A SPECIAL USE PERMIT FOR A PROPOSED DAYCARE CENTER TO BE LOCATED ON TRACT E, BLOCK 485, ON SOUTH WIMBROW DRIVE, ONE BLOCK SOUTH OF C.R. 512, BEING APPROXIMATELY 5.37 ACRES IN SIZE, AND ZONED RESIDENTIAL SINGLE FAMILY (RS -10). ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMONY WITH RESPECT TO THE PROPOSED SPECIAL USE PERMIT. CARL A. FISCHER, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH 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 (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: MARCH 17, 1997 PRESS -JOURNAL PUBLIC HEARING NOTICE CITY OF SEBASTIAN Published Daily INDIAN RIVER COUNTY FLORIDA Vero Beach, Indian River County,Florida Pursuant v opmention 2Cod2.6 f the land Development Code of the City of Sebastian, the City Council COUNTY OF INDIAN RIVER: STATE OF FLORIDA of the City of Sebastian, Indian River County, will hold a Spedal Before the undersigned authority personally appeared Darryl K. Hicks who on Meeting to conduct a Quasi - oath says that he is President of the Press -Journal, a daily newspaper published at Vero Beach judicial Public Hearing on in Indian River County, Florida; that the attached copy of advertisement, being Wednesday, April 16, 1997 at /,� 6:00 p.m. in the City Council J�I Cheat, Se City Hall, 1t Main n t`�`-x�`J l-d.�-l��l. Street, Sebastian Florida,a, to con- �� sider adopting a resolution regard. C _ L. 'Do q _0- / _ ing-an permit application for special use in the matter of 1 ti,l ILJ J�' "� 'yLJ/i s0 permit for a proposed day -caro center to be located on approxi- mately 26,000 square feet of Trad E, Block 485, on South Wimbrow Drive, one block south of C.R. 512— zoned zoned Residential Single, Family In the r.0urt, was pub- (RS -10). All records are available ��} for review in the office of the City f" l / Clery_City-tall 1225 Main Street, fished in said newspaper in the issues of I --���`-k' f t I * (`"] Sebastian, Florida, Monday' through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testi- Affiant further says that the said Press -Journal is a newspaper published at Vero Beach, in many with respell to the proposed said Indian River County,Florida, and that the said newspaper has heretofore been special use permit. By: Kathryn M. O'Halloran, continuously published in said Indian River County, Florida, each daily and has been entered as CMC/AAE second Gass mail matter at the post office in Vero Beach, in said Indian River County, Florida, City Clerk for a period of one year next preceding the first publication of the attached copy of City of Sebastian advertisement; and affiant further says that he has neither paid nor promised any person, firm Any person who may wish to or corporation any discount, rebate, commission or refund for the purpose of securing this appeal any decision which may be advertisement for publication in said newspaper. made by the City Council of this hearing will need to ensure that a verbatim record of the proceedings Sw(tnjrjQ,BY, d%b4, before me this—day Of D 99 is made which record includes the - /` s testimony and evidence upon which y .• /' 0%% + the appeal will be hosed. CM 1 my COmm�0 • (286.0105 F. S.) j - In compliance with the Americans OCT. i 1, 1997 J (Pre {d With Disabilities Act (ADA), any. N No. CC311063 : bhEUA t.. i UT.TL.E, OR �V�%�� one who needs a special occom. -- PP State of Florida, Y Commlwfou lz IO/11/9 modafion for this meeting should S �. Py6l \ 76-•`y 9 P y ( �k. .... Ole- Comnd"l Number: CC311063 contact the City's ADA Coordlno- OF t for at 589-5330 N least 48 hours w's' weysssUss in advance of the meeting. sign April 9, 1997 1066703r a . B�IId 7V777E y q f7 PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct o Quasi- judicial Public Hearing on Wednesday, April 16, 1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian Florida, to con- sider adopting a resolution regard- ing an application for a special use permit for a proposed day-care center to be located on approxi. motely 26,000 square feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of the City Clerk, City Hall 1225 Main Sheet, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present lesch- mony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is mode which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F. S.) In compliance with the Americans With Disabilities Act (ADA), any- one who needs a special accom- modalion far this meeting should contact the City's ADA Coordina- tor at 589-5330 at least 48 hours in advance of the meeting. April 9, 1997 1066703, City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16, 1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed day-care center to be located on approximately 26,000 square feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testimony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) In compliance with the Americans 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 the meeting. Publish: Press Journal - Legal Notices Wednesday, April 9, 1997 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CONTINUATION OF PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City Council of the City of Sebastian, Indian River County, will hold a continuation of a Special Meeting, to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7, 1997 at 7:00 p.m, originally scheduled for April 16, 1997, in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed day-care center to be located on approximately 26,000 square feet of Tract E, Block 4851 on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testimony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) In compliance with the Americans 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 the meeting. Publish: Press Journal - Legal Notices Wednesday, April 30, 1997 City of Sebastian, Florida Subject: Libertino Day Care Special Use Agenda No. 177. Permit Department Origin: Commqqity Development Approved for Submittal by: (RJM � } Date Submitted : April 10, 1997 !.� -for Agenda of. April 16 1997 Exhibits: Resolution R-97- ; Staff Report; application; location map; Section 20A-6.1 C.3., LDC EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Judith M. Ordonez and Carmine C. Libertino have applied for a special use permit to operate a child care facility on South Wimbrow. Such facilities are normally handled as a conditional use permit. However, the code requires a child care facility to be located on a major collector. The comprehensive plan classifies South Wimbrow as a local street (only CR 505 and 512 are major collectors. If the definition of a major collector in the Land Development Code was able to be used, South Wimbrow would be classified as a major collector. The Planning and Zoning Commission as well as the City Attorney recommend that the request be handled as a special use permit. RECOMMENDED ACTION Approve resolution R-97-23. RESOLUTION NO. R-97-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTIAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS -10 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WIMBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Carmine C. Libertino and Ms. Judith M. Ordonez have applied for a special use permit for a daycare center; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has considered this application and has found that the requested special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the RS -10 zoning district and the use is similar with the uses allowed in such a district; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has recommended approval of the requested special use permit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. FINDINGS OF FACTS: The City Council of the City of Sebastian, after considering the evidence presented at the hearing, finds as follows: 1. The requested daycare center located on South Wimbrow is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity; and, 2. The proposed use is consistent with the purpose and intent of the RS -10 zoning district and is similar in nature and compatible with uses allowed in such a district. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Mr. Carmine C. Libertino and Ms. Judith M. Ordonez to operate a daycare cneter at a lot described as follows: City of Sebastian, Tract E, Sebastian Highlands Unit 15. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code Sec 20A-6.1.3: (1) One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility. (2) No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. (3) Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter of exit the premises. (4) All regulations of the State of Florida as amended hereafter that pertain to the use shall b satisfied. (5) A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 70, 2-24-93) (6) Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A -10.2(F) of this ordinance.. SECTION 4. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6. EFFECTIVE DATE: This Resolution shall take effect immediately upon is 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 Walter W. Barnes Vice -Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1997 City of Sebastian, Florida By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney O tis t Q b /.1iw Community Development Department Special Use Permit Application - Staff Report 1. Project Name: Libertino's Daycare Center 2. Requested Action: Approval of Special Use Permit. 3. Project Location a. Address: b. Legal: Tract E, Sebastian Highland Unit 15 C. Indian River County Parcel Number: 31-39-07-00001-0000=00000-1 4. Project Owner: Judith M. Ordonez and Carmine C. Libertino. 122 Crawford Drive 6167 Island Harbor Road Sebastian, FL 32978 Sebastian, FL 32978 5. Project Agent: 6. Project Engineer: 7. Project Attorney: 8. Project Description: a. Narrative of proposed action: Owners are requesting approval of a special use permit to build a daycare center on approximately 26,000 sq. ft., on one parcel, located on South Wimbrow, one block south CR 512. b. Current Zoning: RS 10 C. Adjacent Properties Zoninq Current Land Use Future Land Use North: CR 512 commercial and vacant CL East: IN vacant IN South: RS -10 residential LD West: RS -10 residential LD 1 d. Site Characteristics (1) Total Acreage: 1.5 acres (2) Current Land Use(s): vacant, undeveloped (3) Soil: Immokolee Fine Sand (4) Vegetation: Flatwoods (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Barber Street Sports Complex - approx. 2 miles (9) Police/Fire: City of Sebastian - approx. 1.5 miles 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located? A day care facility is a conditional use in the RS -10 zoning district. The conditions are described in Sec. 20A-6.1.3. The conditions are: b. Conditional use criteria. Child care facilities will be allowed provided the following conditions are met: (1) The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated 2 by the use. A facility located within the RS -10 district shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. A facility located in any other zoning district shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. (Ord. No. 0-93-01, § 60, 2-24-93) (2) One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility. (3) No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. (4) Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. (5) All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. (6) A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 701 2-24-93) (7) Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A - 10.2(F) of this ordinance. KI The proposed use can meet all of the requirements except for the location on a major collector. See the discussion under additional considerations. With the conditions, the proposed use is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located. 11. Is the use requested consistent with the purpose and intent of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? With the conditions outlined above, the proposed use is consistent with the purpose and intent of the RS -10 zoning district, and is similar in nature and compatible with the uses allowed in the zoning district. 12: Additional considerations: According to the Land Development Code, a child care facility located within the RS -10 district shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. The code defines a major collector as a street that collects and distribute traffic from residential access streets to arterial streets or other collector streets. By this definition, South Wimbrow is clearly a major collector. The comprehensive plan, however, only identifies CR 505 and CR 512 as major collectors all other streets are local streets. The comprehensive plan prevails when there is a conflict. This matter was taken before the Planning and Zoning Commission on March 6, 1997 to receive the Commissions interpretation of the code. The Commission agreed that the location was desirable for a day care facility but the comprehensive plan prevented the approval of a conditional use permit. The Commission recommended that the issue be handled as a special use permit. 13. Other Matters: The Planning and Zoning Commission has reviewed this application and recommends approval with the conditions contained in the Land Development Code for a day care facility. 14. Analysis: The proposed use is allowable as a conditional use in the RS -10 zoning district. The code requires the facility to be located on a major collector street. By code definition, South Wimbrow is a major collector, by the comprehensive plan it is not. The comprehensive plan apparently is based on the road classifications as determined by Indian River County. The City of Sebastian can develop its own classification system in the plan. Currently, the staff is preparing a recommendation that local streets be further classified as local collectors, major local and minor local streets. South Wimbrow at this time is being proposed to be a local collector. The Land Development Code can then be amended to allow uses that currently must be located on a major collector, to be allowed on local collectors. 4 The proposed use could be considered as a special use permit. 15. Conclusion: With the conditions as outlined for the conditional use permit, the proposed use is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located nor is the use detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located. 16. Recommendation: The staff recommends that the City Council find that the proposed use is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located nor is the use detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located. The staff further recommends that the City Council approval of the special use permit for the daycare center on South Wimbrow with the following conditions: 1. One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility. 2. No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. 3. Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. 4. All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. 5. A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. 5 (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 701 2-24-93) 6. Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A - 10.2(F) of this ordinance. A PRE:)ED BY L `i I o 1 q DAT UD 1. 1 t 1• CJ dde§0p 1 z z C R,q6jr-6 RIO . P�� Aim APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, 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, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) The granting of the 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; and 2) The use regues*ted 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 fee for a special use permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailing fee (currently $2.29 for U.S. mailing). N11 NAME OF APPLICANT: �- 16EkTI O ��++ /s/RNd 14,9.. iq R(l ADDRESS OF APPLICANT: �I V7 / / 0VV x::-Ifi ?a C/ APPLICANT PHONE $:---37y,;0— 57�5- ADDRESS OF SUBJECT PROPERTY: d � LEGAL DESCRIPTION OF SUBJECT PROPERTY: 1 S 4a,l! L.O% b 31 3? - V7 Deoo I -, D©oO O©000 • 1 ZONING OF SUBJECT PROPERTY: fis J O p. REASON FOR REQUEST FOR SPECIAL USE PERMIT: 0(0 dv1141 ©n.) q,6 2-(0- ©©o 5G T THE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS .. - ow, 997 Signature of Applicant Date b:specuse.app 1 WAIVER AND CONSENT *we, the owner(s) of the property located at S- 0J 1 A) 81201X) DR Sebastian, Indian River County, Florida, (the "Pro erty"), hereby authorize each and every member of the egawD Board/Commission of the City of Sebastian (the "Board"/ "Commission") to physically enter upon the property and view the Property in connection with my/our pending 00/12" (the "Proceeding"). Vf/We hereby waive any objection or defense -9/we may have, due to the quasi-judicial nature of the proceeding, 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 mg/us 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. Dated this __I_a day of /%,BRIM SWORN to and subscribed DDCX_f r__YN , 19 Q,K� My Commission Expires: before me this Notary'Public %11 of &V ti%, ,,, DORIS J. GRANT ?t. ..: W COMMISSION B CC368951 EXPIRES TW 1,1958 BONNO TM TW FAIN WORM. . 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(d) Storage of inoperative or unregistered motor vehicles generally shall not be permitted on the premises. However. motor vehicles which are being serviced may be stored in appropri- ate outside parking areas for a period not to exceed eight (8) days. (8) Landscaping. All vehicle storage areas. aisles, travel lanes, driveways, and other- outdoor areas designed for the use of vehicles being serviced or maneu- vered shall conform to landscape requirements for off-street parking areas. 2. Bars and lounges: a. Applicable zoning districts: Bars and lounges shall be permitted as a conditional use within the following zoning districts: CG and GIC. b. Conditional use criteria: (1) No site shall be located closer than one hundred (100) feet to any residential district, place of wor- ship, or public or private school. (2) The use shall comply with all applicable state and local codes and ordinances. (3) Necessary measures shall be taken to ensure that the operation of the facility- will not disturb adja- cent property owners and the facility shall comply with the provisions of subsection 20A-7.4(GX9). 3. Child care facilities: a. Applicable zoning districts: Child care facilities shall be permitted as a conditional use within the following zoning districts: RE -40. RS -20. RS -15. RS -10, RM -8, RM -12 and COR. b. Conditional use criteria. Child care facilities will be allowed provided the following conditions are met: (1) The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. A fa- cility located within the RS -10 district shall be located on a major collector street or larger as des - Supp. No. 15 395 § 20A-6.1. SEBASTIAN LAND DEVELOPMENT CODE ignated on the city's adopted thoroughfare map. A facility located in any other zoning district shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. (Ord. No. 0-93-01, § 60, 2-24-93) (2) One accessory off-street parking space shall be pro- vided for each five (5) children accommodated in the child care facility. (3) No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. (4) Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the pre- mises. (5) All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. (6) A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this pro- vision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. Supp. No. 15 396 LEGAL BASIS AND GENERAL PROVISIONS § 24A-6.1. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 70, 2-24-93) (7) Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A -10.2(F) of this ordinance. 4. Churches, synagogues and other places of worship: a. Applicable zoning districts. Churches, synagogues and other places of worship shall be permitted as a condi- tional use within the following zoning districts: RE - 40, RS -20, RS -15, RS -10, RM -8, RM -12, and PS. b. Conditional use criteria. Churches, synagogues and other places of worship will be allowed provided the following conditions are met: (1) A minimum lot area of twenty thousand (20,000) square feet shall be required. (2) A minimum lot width of one hundred (100) feet shall be required. (3) The maximum lot coverage by all impervious sur- faces shall not exceed sixty (60) percent of the lot area. (4) No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or district. (5) Access shall be from a major thoroughfare or as otherwise approved by the city engineer. (6) Any accessory residential use or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth for such uses by this section. Accessory residential uses may include convents, monasteries, rectories or parsonages. (7) Screening: All side and rear yards abutting resi- dential districts or uses shall be screened in ac- cordance with the standards established in sec- tion 20A. 10.20 of this ordinance. Supp. No. 16 397 PRESS-JOURNAL CONTINUATION OF PUBLIC HEARING NOTICE Published Daily CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Vero Beach, Indian River County, Florida Pursuant to Sections 20A-2-6 of the Land Development Code of the City of Sebastian, the City Council COUNTY OF INDIAN RIVER: STATE OF FLORIDA of the City of Sebastian, Indian River County, will hold a conlinua- Before the undersigned authority personally appeared Darryl K. Hicks who on lion of a Special Meeting to con- oath says that he is President of the Press-Journal, a daily newspaper published at Vero Beach dud a Quasi-Judiciol Public Hear- in Indian River County, Florida; that the attached copy of advertisement, being Ing on Wednesday, May 7, 1997 at 7:00 p.m., originally scheduled for April 1997, in the CityL p _c�\r) a . —F_, Council Chambers, City Hall, 1225 �7 ��' ��1—� '/ �G' Main Street, Sebastian, Florida, to consider adopting a resolution n the matter of -�`L�1 regarding on application for a spe- (� / ,•.,iceI /� I �1 f I! (-)C) cial use permit for a proposed day- carecenter to be located on _ u � �r _ LC.�.E-'I T ��-�' approximately 26,000 square feet of Trod E, Block 485, on South I\Ip yC I Wimbrow Drive, one block south VVV v I , in the 1"9Urt, was pub- of C.R. 512, zoned Residential Sin. C / rl 3� I gle Family (RS-10). All records are available for review in the office of fished in said newspaper in the issues of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m, to 4:30 p.m. All interested parties may appear Affiant further says that the said Press-Journal is a newspaper published at Vero Beach, in at the hearing and present NO- said Indian River County, Florida, and that the said newspaper has heretofore been many with respect to the proposed continuously published in said Indian River County, Florida, each daily and has been entered as special use permit. By: Kathryn M. O'Halloran, second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, CMC/AAE for a period of one year next preceding the first publication of the attached copy of City Clerk advertisement; and affiant further says that he has neither paid nor promised any person, firm of Sebastian or corporation any discount, rebate, commission or refund for the purpose of securing this Arty person who may wish advertisement for publication in said newspaper. Pappeal any decision which may be p e rsMrsnsr �/��7 f'%1 f / made by the City Council at this hearing will need to ensure that a SworpL`fd �b before me this vv day ofA.D. 1 o ID vmbarim record of the proceedings v T •• %sem ; 'NO Aq`.: % s r is made which record includes the testimony and evidence upon which y$ �y�L� My COrnm, Eorm — the appeal will be based. 1286.0105 F. S.) I s . OCT. 11, 1997 at In compliance with the Americans (JI D. CC311OG'f { 3 - •u. L6, hU1'ARY PUa61C With Disabilities Ad (ADA), any- { P vert s,xe as monae, my commssssou azp. a., A1197 '9 • :/Qt,�;:•'' �� Coutmiis Number: CC311063 one who needs o special accom- for this ou - (S modation meeting should OFOQ.Pcl �F contact the City's ADA Coordino- for 599-5330 least hours w�•x'••••'•''•rrr •s of of 48 alga in advance of the meeting. rTotam 9 R.A N. ivrTg April 30, 1997 1078026r CONTINUATION OF PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City Council of the City of Sebastian, Indian River County, will hold a continua- tion of a Special Meeting to con- duct a Quasi -Judicial Public Hear- ing on Wednesday, May 7, 1997 at 7:00 p.m., originally scheduled for April 16, 1997, in the City Council Chambers, City Holl, 1225 Main Sheet, Sebastian, Florida, to consider adopting o resolution regarding on application for a spe- cial use permit for a proposed day- care center to be located on approximately 26,000 square feet of Tract E, Black 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Sin- gle Family (RS40). All records are available for review In the office of the City Clerk, City Hall, 1225 Main Sheet, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testi- mony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clark City of Sebastian Any person who may wish to appeal any decision which may made by the City Council 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 will be based. (286.0105 F. S.) In compliance with the Americans With Disabilities Act (ADA), any. one who needs a special accom- modation For this mooting should contact the City's ADA Coordina- tor at 599-5330 at least 48 hours in advance of the meeting. April 30, 1997 1078026r .0 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CONTINUATION OF PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City Council of the City of Sebastian, Indian River County, will hold a continuation of a Special Meeting, to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7, 1997 at 7:00 p.m, originally scheduled for April 16, 1997, in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed day-care center to be located on approximately 26,000 square feet of Tract E. Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testimony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) In compliance with the Americans 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 the meeting. Publish: Press Journal - Legal Notices Wednesday, April 30, 1997 4 P -.b City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERr1rlhD REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 R.G. Chalker 4815 69th Street Vero Beach, Florida 32960 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian SE O ■Complete items 1 and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. ■Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. ArticlditAddressed to: 4a. Article Number ,P 31k j qq Lfg(!� 4b. Service Type R. G. Chalker ❑ Registered Certified 4815 69th Street ❑ Express Mail ❑ Insured Vero Beach, FL i�� ❑ Retum Receipt for Merchandise ❑ COD 7. Date of Delivery 5. eiv tint me ` 6. Signature: A see nt) X PS Form 3811, December 1994 8. Addressee's Address (Only if requested and fee is paid) Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Print your name, address, and ZIP Code in this box • CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 3298 P 4,26 X04 873 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sen o �� Cl{" ce Stree &Number Post ice, State, & ZIP Code V 6ctf, FL- 3:2-9&o Postage $ 3 Certified Fee / . 1 p Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom & Date Delivered • t a Retum Receipt Shaving to Whom, Q I Date, & Addressee's Address 0 I TOTAL Postage & Fees $ a. j ch Postmark or Date E o` U - U) CL Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service y window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the Q) return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address rn rn on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the +9 addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. U) 2 City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 CER -1 - hD REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22, 1997 Thomas Huber 750 Beard Avenue SW Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, Zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian P 4 a 6 4 874 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Street um er ASO�ff_�NuE— Scv Post Offi Stat & ZIP C Postage $ 3a Certified Fee Special Delivery Fee Restricted DeGyery Fee Return Receipt Showing to Whom & Date Delivered - 1 a Return Receipt Showing to Whom, Q Date, & Addressee's Address 0 TOTAL Postage & Fees $ V) Postmark or Date E `o U- 09 d Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 Peter DiGregorio 5420 3rd Place Vero Beach, Florida 32968 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Roberti. Massarelli Community Development Director City of Sebastian D.,G ;; SENDER: o ■Complete items 1 and/or 2 for additional services. I also wish to receive the W ■Complete items 3, 4a, and 4b. following services (for an H ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. j ■Attach this form to the front of the mailpiece, or on the back if space does not 1. 13 Addressee's Address d permit. N -Write-Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date C delivered. 0 Consult postmaster for fee. m 3. Article Addressed to: 4a. Article Number a p - 022 %oq 9 7 S E f �LCrs(a 4b.fervice Type 0 M ❑ Registered U) .3 Qo PL L ❑ Express vLRO Bic ❑ Insured W cl �L$" ElReReturnR r Mercha COD 0 1? L� Bede -N- . 3 �-`i � a ) 7. Date of A e�0` -n 5. R eived By: (Print Name) 8. Address gzg ddress itI quested LU and fee is�il gSig ure: ( essee or/4g . nt) e >. X N PS Form 3811, December 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICE • Print your name, address, and ZIP 2r'•� M'Ai � '� conn" b ti Q B I Class Mail 1 ae & Fees Paid E y C"p jU LPer o. G-10 ...�1 •• 13046A''his b P 426, 604, 875 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Donotuse for Intennattiionnal Mail (See reverse) I�� f tt��.�i Street & Number Post office, Stat & ZIP co(* 3. Postage $ r 3 Certified Fee r (� Special Delivery Fee Restricted Delivery Fee uo Q Return Receipt Showing'to Whom & Date Delivered ' Q Return Receipt Showing to Whom, Q Date, & Addressee's Address 0 I TOTAL Postage & Fees $co a. Jia 0 Postmark or Date E `o LL rn a Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry ,A yoQq c�4�o Oe PftEL' City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 G FAX (561) 589-2566 CER iii iED REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 Thomas & Eleanor Sardo 37 Farris Avenue Florida, New York 10921 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1995 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian .c. SENDER: ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■Write'Return Receipt Requested'on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 4a. Article Number I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery 3. Article Addressed to: l�irnn�}s r CLoikOfz- I's 5. Received By: (Print Name) 6. Signature: (Addressee or Agent) / PS Felfm 3811, December 1994 4b. c(4.2& (coq x''11 rvice Type ❑ Registered Certified ❑ Express Mail nsured ❑ Return Receipt fr, ndise D 7. Date of Delivery k- 8. Addressee's Afte (Only' d and fee is paid) ' t' t z6fl� Domestic Return Receipt First -Class Mail UNITED STATES POSTAL SERVICE �' SE �, .�,,.Y,.,.. _ ..� �- ..&-F d-. ci I — 1 V • • Print your na :6, address d ZIP Cein�ox s cathft ON. P 426 LEW 877 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Street um66agr 31 S Post P�urice�, State, & ZIP Code t 4-09-, 4 r /i1 V lCri a Postage $ 3 Certified Fee l c7 Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to l r Whom & Date Delivered ( c) Q Return Receipt Stowing to Whom, Q Date, & Addressee's Address 0 TOTAL Postage & Fees $ a _ �� C') Postmark or Date E `o LL U) a Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service z window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the a) return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address LO J' T on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the M., CD addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. u`o_ 6. Save this receipt and present it if you make an inquiry. d r City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 CERTIFIED REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 Ralph Hamilton P.O. Box 725 Vero Beach, Florida 32961-0725 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department; 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Roberti. Massarelh Community Development Director City of Sebastian (Print dame) 8. Addressee's Address (Only if requested !1/i , l.�r ri— ✓ and fee is paid) 6 P: i Receipt SEQR: ■Complete items 1 and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. N ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address `5 permit. � ■ Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery rn ■The Return Receipt will show to whom the article was delivered and the date D delivered. Consult postmaster for fee. .2 3. Article Addressed to: 4a. Article N,imber CD ((�� An ",, T LP W /{ � (U QY`- P gig 4b. Service Type t a P —1 �- !` , a� ❑ Registered �ertified M °t ❑ Express Mail ❑ Insured c N J DOM U /�L ❑ ReturnReceipt for Merchandise ❑COD c t 7. Date of Delivery w (Print dame) 8. Addressee's Address (Only if requested !1/i , l.�r ri— ✓ and fee is paid) 6 P: i Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 9 Print your name, address, and ZIP Code in this box • 4W OF iEBA$'il�i f`Jr 6TREET FVQWM 321MM 00(Yw- iJ e P 426-6b4 878 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) S t �P Street & u er las Poo Office, State, & ZIP Code Postage $ 3 Certified Fee 1 Special Delivery Fee Restricted Delivery Fee LO m Return Receipt Showing to r Whom & Date Delivered L Return Receipt Slowing to Whom, Q Date, & Addressee's Address 0 I TOTAL Postage & Fees $ �a M Postmark or Date 0 ILL a Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry a> m Q) M am rn Q O 00 Cl) E 0 LL rn CL City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CER i-intD REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 Roy & Dolores Hubert 1926 Ley Street Pittsburgh, Pennsylvania 15212 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian PS Form 3'11, December 1994 Domestic Return Receipt S �mDERems 1 and/or 2 f additional an or additional services `40 I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an d L ■ Print your name and address on the reverse of this form so that we can return this extra fee): .L ddtd to you. - • a ■Attach this fort to the front of the mailpiece, or on the back if space does not 1.'[3 Addressee s Address ' d permit. 4WdteTatum Receipt Requested' on the maliplece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date .. C delivered. Consult postmaster for fee. c 3. Article Addressed to: = 4a. Article Number a ..51:L Lsiq qlrq c L a .._ Roy & Dolores Hubert 4b. Service Type _ �s❑Registered ❑Certified 1926 Ley Street❑ Express Mail ❑ Insured W Pittsburgh, PA 15212 ❑ Return Receipt for Merchandise ❑ COD 0 7. Date of Delivery a z - 41-- 3- 9% c 5 5. Received By: (Print Name) 8. Addressee's Address (Only if requested W and fee is paid) s W H 6. Signatur J.(Ad#yessee or gen �°• e, X PS Form 3'11, December 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail • Print your name di ess nd ZIP - -CITY OF SEBASTIAN 1225 MAIN STREET .SEBASTIAN, FL 32958 • �Iilifil�f��flffiff�fffl�fff�lf� P 426 ! L_ 4 879 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to 17zc� onLoiZE-s' Street & ber �y��� �CO t � %5 r Post ice, State, ZI ode �� . P� iii z Postage $ 3 Certified Fee ' l U Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to Whom & Date Delivere�dJL__ - 10 Q Return Receipt Showing toA-0m, , Q Date, & Addressee's Address 0 I TOTAL Postage & Fees $ V) Postmark or Date 0 LL LL Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the a> Q) return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address LO M on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of articles RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the,� addressee, endorse RESTRICTED DELIVERY on the front of the article. 00 M 5. Enter fees for the services requested in the appropriate spaces on the front of this I= receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. o` LL 6. Save this receipt and present it if you make an inquiry. tl City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 CERTIFIED REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 Gary & Cheryl Blair P.O. Box 191 Alden, New York 14004 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian c�• a� v H L d L r .r C v a E LU cca a H L O tuft SEN ER: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write 'Retum Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: Gary & Cheryl Blair P.O. Box 191 Alden, NY 14004 5. Rec ived By: (Pri ame) 6. Signatu : (Address e Agent) X\ --f I PS Form 3811 _ , December 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number P�Ya lqq yea 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑Insured ❑ Return Receipt for Merchandise ❑COD 7. Date of Delivery 8. AddredMe's Address (Only ifrequested and fee is paid) Domestic Return Receipt First -Class -Mail UNITED STATES POSTAL SERVICEDa�'A'qdk'�'ss ' e al PM QPrint our nand ZIP (la • Y�"" 1 CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 clomm Ot11. 0 ii -- P 426 604 881 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Ltf Ee�L BLIq f Street ber �. 191 Post O ice, State, P ode . NY l400� Postage $ 3a Certified Fee J ( Q Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom & Date Delivered a Return Receipt Showing tdWbom,) Q ^ Date, & Addressee's Address 0 I TOTAL Postage & Fees $ a CO Postmark or Date E o` LL U) a Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the a) cc return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address Lo on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article ; RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. LJ_ 6. Save this receipt and present it if you make an inquiry. d A f '4' _ -" City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 First Church of the Nazarene 50 S. Wimbrow Drive Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall,1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian r 3. Article Addressed to: SENDER: a -*Complete items 1 and/or 2 for additional services. I also wish to receive the to ■Complete items 3, 4a, and 4b. following services (for an _■ Print your name and address on the reverse of this form so that we can return this to extra fee): •. card you. t ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. ■ Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. 0 3. Article Addressed to: 4a. Article Number �' � CE{'t�P--�'!i- MA-ZAIZW67 PL 4 4bService Type E �" . e a "-50 ❑ Registered Certified W ❑ Express Mail ❑ Insured p o Q i L ❑ Retum Re ipt�for Mer handise ❑ COD 7. Date of D i ry z 5 W 5. Received By: (Print Name) 7 8. Addre sde's Actress (Only if requested is cc and Abe paid) 6. Signat r : (Addressee o Agent) H PS Form 3811, December 1994 Domestic Return Receipt First -Class Mail UNITED STATES POSTAL SERVICEO��,--, .A. .-,-Postdj6&Fees,Ra1d No --G-W-'� -Perffili * Print your n mwj;,addr'esq,"and ZIP gCode.in--thr9*-b0x,'* _ �` M bov t T de *- P 426 604 882 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) S1 WTI 0,A eot t# NjlzF kav- = IStreet & Number So4,w►►u�.Def. Post ice, State, & ZIP Code �► . FL- 3ac(5Y Postage $ 3 Certified Fee Special Delivery Fee Restricted Delivery Fee LO m Return Receipt Shoyda@49 Whom & Date Pdfivered ~� ' - a Return ReceiptShowirq 97fiorrt c� ..' Q Date, & Address e s Address 'a 0 TOTAL Postage & Fkev Postmark or Date 0 rn d Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card. Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry. ar a> Q) u) m rn rt. .ci Q 00 cr) E" `o LL a - 10 i City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CER 11r iED REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22, 1997 Incitco Realty, Inc. P.O. Box 430 Vero Beach, Florida 32961-0430 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1995 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian c, SENDER: ■ Complete items t and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: Norco 1 +-Nc. P o . Lt 3_0 V eq -+o B e-qe j� , FL 5. Received By: (Print Name) 6. Sig j (Acjdressi/ep�Qg�t) • // PS Form 3811, December 1994 4a. fe Article Number a&( 4b.rvice ype ❑ Registered `Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery 8. Addressee's Address (Only if requested and fee is paid) `t I— Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • 11 *rte 1 •'JV.' Cam O�> P-. 426 604 876 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to :1: JCtTco eL-�q1.r-), . T_ cU Street & N mber v d' 430 % Pos Oifice, Si e, IP e �FL 3a9(x i Postage $ .0 0, Certified Fee Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom & Date Delive[ed / a Return Receipt Showing to Whom, Q Date, & Addressee's Address 0 TOTAL Postage & Fees $ . �2 0 Postmark or Date E 0 LL U) CL Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the rz a return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address LO on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article Q RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the O O addressee, endorse RESTRICTED DELIVERY on the front of the article. 00 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. LL 6. Save this receipt and present it if you make an inquiry. 0 OC ACLIQAN City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561 ) 589-2566 CER-uun ;D REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22, 1997 Mr. John Malek 203 Riverway Drive Vero Beach, Florida 32963 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian SQECI A4— "e - 0• c - SENDER: ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■Write°Return Receipt Requested'on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: John Malek 203,Riverway Drive Veru Beach, FL 32963 5. Received By: (Print Name) 6. Siglna�e: ddress a orAge PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number P 5Lfa I &fq q -T? 4b. Service Type ❑ Registered Certified ❑ Express Mail Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date jsee'sof Delivery ---7 8. AdresAddress (Oty if requested and fee is paid) II Domestic Return Receipt UNITED STATES POSTAL SERVICE w �'U F N First -Class Mail •--�•_.. Postage &Fees Paid P„ w USPS Permit No. G-10 • Print your na4', a' ddress, and ZIP Code in this box • CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 COMM 0ev. P 4,, 6 604 680 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to MPrL-t -V Str� Number 1203 v��w� l) o2ly� Post Office, State 1P C v tR Postage $ , 34 Certified Fee / O Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to Whom & Date Delivered l Q Return Receipt Stowing to Whom, Q Date, & Addressee's Address TOTAL Postage & Fees W9 5 '" Postmark or Date E 0 L d Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the m return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address rn on a return receipt card, Form 3811, and attach it to the front of the article by means of the — gummed ends it space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. ro 6. Save this receipt and present it if you make an inquiry. d City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED April 22,1997 Mr. John Malek 203 Riverway Drive Vero Beach, Florida 32963 Dear Property Owner: REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian City of Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958-8697 CERTIFIED P 426 604 880 MAIL �1 xpWW"m ORW E>" fl peer'°" [3Atwopted-Not Known flNoiaal� y��a �% d IIoiM Ma62+ cwr/MtM�e► I E. - ND` 1p O )PR 2 APR F 6817808 S - JONN MALEK 203 RI WAY DRIVE VERO BEACH. FL 32963 -a^t36-�t'Y6'CT U3EfAllmll _U=mmu. tut �.Ilnl ssaiplot ujnlej OLIJ 10 i 7 a SENDER: Complete items 1 and/or 2 for additional services. I also wish to receive the b •Complete items 3. 4a, and 4b. following services (for an a • Print your name and address on the reverse of this form so that we can return this extra fee): d card to you. •Attach this form to the from of the mailpiece, or on the back if space does not 1. ❑Addressee's Address Z y permit. • Wnte'Retum Receipt Requesfed'on the mailpleca below the article number. 2. Ely Restricted Delivery -The Return Receipt will show to whom the article was delivered and the date n delivered. Consult postmaster for fee. d o m 3. Article Addressed to: 4a. Article Nimber m cc v P i4QG (004 7'9.0 �(- /h. 4LCY�_ 4b. Service Type w v ❑Registered _Certified W w ❑ Express Mail ❑ Insured c E ❑ V LIQ L3cxi-e. N F i. 3LIcUp 3 ❑Return Receipt for Merchandise El COD N o ❑ -4`J 1 7. Date of Delivery a 'o M 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and w fee is paid) F ; N 6. Signature: (Addressee or Agent) 0 J.LC 2 RS Form 3811, December 1994 Domestic Return Receipt City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED REVISED NOTIFICATION RE -SCHEDULED PUBLIC HEARING April 22,1997 Dean & Linda Nephen 8140135th Street Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Roberti. Massarelli Community Development Director City of Sebastian !,UNITED STATES POSTAL SERVICE ' 1,t-Class Mail FirFirss bs r'aid n • - • --w. .. - - ++ • Print your name; adore ,and ZIP...oe •�s ! __.;';�w.� _. �::, �•. - .:. • - � � -,�: ��. -• Jay; 3 !� �.., h':r .:� :� ; i �. • { � •;� 'i fix. �;��f? ��a., �; � a+.r L 4T.�5• �� �".�` +�• �.�; .�i)i � ".�� 1 `'.r f. •�•� •1 lei• s lii�!!l�l��tlt1lll11�11ji!!ft!!lilttl�ttJl1!li�l�tt#11ii!!!fi �- CD0 138, C SENDER: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write °Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: a& -D& ; LIN OA- N epttGv <3 14 0 6 e3AsTt Pov , Fi_. 3 aq 3,%5* 5. Received I: (Print Name) 6. Sign ure:( dressee or Ager;x) PS Fo64811, December 1994 Q I also wish to receive the following services (for an extra fee):,", 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number 1 qzce Goo -7 ;q, 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Return R Ept for Merchandise ❑ COD 7. Date of Ii4ery -� 8. Addresse 'sddress (Only if requested _. and fee is pa'd) Domestic Return Receipt if r• .. P 426 604 872 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) I Sent to I �i Street &Number l� a=cv 4—v gILf l�35 Pos O ff i , State & ZIP Code 3 y� Postage $ 3 a Certified Fee (� Special Delivery Fee Lo Restricted Delivery Fee Return Receipt Showing to r Whom & Date Delivered I Q Return Receipt Slowing to Whom, Q Date, & Addressee's Address 0 TOTAL Postage & Fees $ 0 Postmark or Date E `o LL N a Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). ai 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the 2 return address of the article, date, detach, and retain the receipt, and mail the article. rn 3. If you want a return receipt, write the certified mail number and your name and address M on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article �y RETURN RECEIPT REQUESTED adjacent to the number. c 4. If you want delivery restricted to the addressee, or to an authorized agent of the p addressee, endorse RESTRICTED DELIVERY on the front of the article. CW Cl) 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. LL . 6. Save this receipt and present it if you make an inquiry. U) " - 's City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CER t 1-r- i h- D April 1, 1997 Thomas & Eleanor Sardo 37 Farris Avenue Florida, New York 10921 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi-judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelh Community Development Director City of Sebastian Umv -we on a 0 SENDER: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the baric if space does not permit. ■ Write'Retum Receipt Requested' on the maiipiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: Thomas & Eleanor Sardo 37 Farris Avenue Florida, NY 10921 5. Received By: (Print Name) 6. Signature: ddressee or Agentl X ley PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number 1p 541k qq qgs' 4b. Service Type ❑ Registered )(Certified ❑ Express Mail ❑Insured O Return Receipt for Merchandise ❑COD 7. Date of DL�li� 9,7 8. Addressee's Address (Only if requested and fee is paid) Domestic Return Receipt;. UNITED STATES POSTAL SERVICE& Fe pmld� co LU ■Q ~ Print your na e, dl ss nd ZIP 00t# � _..��:. -~--=3---� amm CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 GOA^ Ob"'Ve P -;.42-k44 485 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sentto l �)bvtze .5�o S reef &Number NE - Post 'n F/AgRAs Office, State, & ZIP Code o2t p /Vi/ 001 -11 Postage $ Certified Fee , 1 Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to (,O r Whom & Date Delivered n Return Receipt Sfto * toWhom, Q Date, & Addressee's Address- r TOTAL Postage 3 Feescc C''7Postmark or Date,, E 1 LL C a USQ Stick postage stamps to article to cover First•Ciass postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the a) Z return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address rn rn on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 00 CV) 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. d City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED April 1, 1997 John Malek 203 Riverway Drive Vero Beach, Florida 32963 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, Apri116,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Roberti. Massarelli Community Development Director City of Sebastian s 1 P 542 144 487 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Vo l�L Street & Number ao;32 vieq- u A, --Q2. Post Office, State, I ZIP Code J L'YLe A e)ic t� , FL 3'aifo 3 Postage Certified Fee f I o Special Delivery Fee Restricted Delivery Fee LO I Return Receipt Showing to I Whom & Date Delivered i 8. Return Receipt Slowing to Whom, Q Date, & Addressee's Address TOTAL Postag00 e es EPostmark or ,ps LL M �� 7 Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service y window or hand it to your rural carder (no extra charge). m 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the m return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. li 6. Save this receipt and present it if you make an inquiry, a � Q �Qq QuoPELIC 14 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 C1 FAX (561) 589-2566 CERTIFIED April 1, 1997 Gary & Cheryl Blair P.O. Box 191 Alden, New York 14004 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian �('�lU SENDER: ■ Complete items 1 and/or 2 for additional services. I also wish to receive the ■ Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1. 1:1Addressee's Address 4i •U permit. ■Wnte'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery Cn ■The Return Receipt will show to whom the article was delivered delivered. and the date Consult postmaster for fee. .. .2- 3. Article Addressed to: 4a. Article Number &Ae r Cite 2� Q t�} t iZ - `F�CQ Ca04 F'�i 4b. Service Type E P ! ( l ❑ Registered X ertified M rn ❑ Express Mail ❑ Insured S /� ' t w Eo / N Y � ❑ Return Receipt for Merchandise El COD 7. Date of Delivery N 5. Received By: (Print Name) F, 8. Addressee's Address (Only if requested and fee is paid) n Receipt UNITED STATES POSTAL SERVICE • Print your name, address,'and ZIP Code c'bYvx 2 0 tq . First Class Mail - — �QostaW &Fees Paid .�U�S{yRS : '. �� lif'pi m�'N0\-10 J Is b�ii • �' 199i . P 542 1; 490 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Street & NuAibef Post Office, Sta e, ZIP Code oo4 Postage $ 3Q e Certified Fee ` r 10 Special Delivery Fee Restricted Delivery Fee LO Retumt Showing to 1 ODWered Sliming fb.Whom, part, & A�Jlyq�ee's Ad* s FTOTAL, I } ge & ey¢ $ �� ''F a- Postma or Date iii I LL 1u� 1 lisps (L Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry Q) �n .Q Q O Q 00 M E o` LL U) CL City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 CERTIFIED April 1, 1997 R.G. Chalker 4815 69th Street Vero Beach, Florida 32960 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall,1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian of C. SENDER: ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write'Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: R- C-. Lm l S CSC a. &r2zr7 UO(zo jsoict4, Fi-- -�)aluo 5. Received By: (Print Name) 6. ttures dr ssee , nt) PS Form 3811, mber 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number P 42 (C FSS3 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Retum Receipt for Merphandise ❑ COD 7. Date of Delivery S/? - 8. Addressee's Address (Onlp if requested and fee is paid) Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • t,FBAiTI�i STMT W FOAXONIft ROVDA aha � X P 5412 144 486 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to (2, tr CML-KL-)P— Street & Number Post Office, State, & ZIPCode v� %3e�t1 ' FL 3a`it o Postage $ a 2 Certified Fee a ISpecial Delivery Fee LO Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered a Return Receipt Showing to Wh Q Date, &Addressee's Addrp�rS 0 TOTAL Postage F6¢s �/ v Postmark or Dat ch U) a , fib'/ 1 dS� Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry, City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 C FAX (561) 589-2566 CERTIFIED April 1, 1997 Roy & Dolores Hubert 1926 Ley Street Pittsburgh, Pennsylvania 15212 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian P 542 144 484 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. )o not use for International Mail (See reverse) Sent to � 6 i7o� 2�S ctfi c!&p2T Stree & umer s 9z� ��` Post Office, State, & 1P C;. Pr-rr�s 8 L(. P -G -r+ P)+ t sa r Postage $� Certified Fee / r Special Delivery Fee Restricted Delivery Fee in m Return Receipt Showing to r Whom & Date Delivered l r a Return Receipt Showing to Whom, Q Date, & Addressee's Address 0 TOTAL Postage & Fees �a Postmark or Date LL Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the (b return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address Lr) on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article ; a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee, endorse RESTRICTED DELIVERY on the front of the article. co 5. Enter fees for the services requested in the appropriate spaces on the front of this ff receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. o 6. Save this receipt and present it if you make an inquiry. a City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED April 1, 1997 Dean & Linda Nephen 8140135th Street Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) Bv: Robert J. Massarelli Community Development Director City of Sebastian SENDER: A4- � - 0. e. ■ Complete items 1 and/or 2 for additional services. I also wish to receive the ■ Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. a; ■Attach this form to the front of the mailpiece, or on the back if space does not1. ❑Addressee's Address 0 permit. ■ Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery N ■The Return Receipt will show to whom the article was delivered and the date ,. delivered. Consult postmaster for fee. .2- 3. Article Addressed to: 4a. Article Number P 3'Y.Z i IN 141M Dean & Linda Ne hen 4b. Service Type 8140 135th Street P ❑ Registered Certified c El Express Mail ❑ Insured Sebastian, FL 32958 ❑ Return Receipt for oD 7. Date of Delive CO APR N T 5. geceived By: (rent Name) 8. Addressee's A dr s (04 if req and fee is paid l��ty� 6. SiIgg—ire: d ssee or Age t) �✓S+p r^ i � S PS Form 3811, December 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 Q00A AX D&ftN1. P_ 541? 144 489 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sentto �, 4-1m6A Ue a+ vJ Street & Num6er $1 LJO 13Tr4-aSTf E�` 1 Post office, State, & ZIP Code e-8AS i f AN , FL- 3 act Sys' Postage $ 3 Certified Fee , I Special Delivery Fee Restricted Delivery Fee rn IReturn Receipt Showing to Whom_ABate.gglivered 1 - 1 O Q m Receiptcss q�iri�yWfam, ess ►l ALPost'� Ss $ .2, 3 stmarJc o(Date U) Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the m return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address LO on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. e0 t'i 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. `5 La 6. Save this receipt and present it if you make an inquiry. s . . CERTIFIED April 1, 1997 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 a FAX (561) 589-2566 Ralph Hamilton P.O. Box 725 Vero Beach, Florida 32961-0725 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1995 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian T 'AL ~Doe • v ■Complete items 1 and/or 2 for additional services. I also wish to receive the a ■Complete items 3, 4a, and 4b. following services (for an y ■ Print your name and address on the reverse of this form so that we can return this extra fee): L card to you. g '■Attach this form to the front of the mallplece, or on the back if space does not 1. ❑ Addressee's Address i permit. a, d ■Write"Return Receipt Requested" on the mailpiece below the article number. 2• ❑ Restricted Delivery v 'aThe Return Receipt will show to whom the article was delivered and the date I c delivered. Consult postmaster for fee. 4 3. Article Addressed to: 4a. Article Number 4 P C C Ralph Hamilton 4b. Service Type 4 ❑ Registered Certified g � P.O. Box 725 ❑ Express Mail Insured .0a W oc FL 3 2961-0725 Vero Beach, ❑ Retum Receipt for Merchandise ❑ COD °c 1616 ate o70/ 9�cc; 5 5. Received By: (Print Name) 8. Addre'ssfae's Address (Only if requested c W and fee is paid) a Receiptcc UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 Comm Dei/ P 5-42 144 '4 42 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sento" K/tL�tl®A! Stre t & INumbberr p� PosOffice, State &ZIP Code s Uer�o f�O tclA FL 3aW Postage $ 4 0-k Certified Fee 1.10 Special Delivery Fee Restricted Delivery Fee / • I (-) U) Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service a� window or hand it to your rural carrier (no extra charge). EO 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address 181a% on a return receipt card, Form 3811, and attach it to the front of the article by means of the '- gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article 0 - RETURN RECEIPT REQUESTED adjacent to the number. RETURN Q 4. It you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. b0 M 5. Enter fees for the services requested in the appropriate spaces on the front of this E j receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. t 6. Save this receipt and present it if you make an inquiry. 0� II O Q 01 i4L ' 0 City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED April 1, 1997 Incitco Realty, Inc. P.O. Box 430 Vero Beach, Florida 32961-0430 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, Apri116,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Deparhnent,1995 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian S0Pf-tAL- t�SE - D• C - SENDER: ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■Write'Aeturn Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: Incitco Realty, Inc. P.O. Box 430 Vero Beach, FL 32961-0430 5. Received By: (Print Name) 6. ddr�esse 70�' X PS Form Al , D�cembB"r 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery S. Addressee's Address (Only if requested and fee is paid) Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 Comm Del! . P 54.2 1114 488 1 !*- US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sentto 1 Street & Number Post Office, State,, &'P P o� r Boit t FL 3:a-9 0 Postage $ 3 a Certified Fee / p Special Delivery Fee Restricted Delivery Fee U-) 0 Return Receipt Showing to r Whom & Date Delivered - a Return Receipt Showing to Whom, Q Date, & Addressee's Address_ O TOTAL PostrtiartcorDate r N iL'�fl a— a Z 6 Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service r window or hand it to your rural carrier (no extra charge). Q) 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the cc return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address Lo on a return receipt card, Form 3811, and attach it to the front of the article by means of the ' T gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article Q RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry. Cl) ti - City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561 ) 589-5537 ❑ FAX (561 ) 589-2566 CERTIFIED April 1, 1997 Peter Di Gregorio 5420 3rd Place Vero Beach, Florida 32968 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian AL- L-S SENDER: ■Complete items 1 and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ai ■Attach this form to the front of the mailpiece, or on the back if space does not 1. El Addressee's Address permit. ■Write'Return Receipt Requested' on the mailpiece below the article number. 2, ❑ Restricted Delivery rn ■The Return Receipt will show to whom the article was delivered and the date .. delivered. Consult postmaster for fee. ° 3. Article Addressed to: Peter DiGregorio 5420 3rd Place Vero Beach, FL 32968 5. Received By: (Print Name) 6. Sigpature:: (A'ddre/ssee(o'rrAgen X PS Form 38fl, December 1994 d 4a. Article Number ami P 34� y4 L11 4b. Service Type ❑ Registered Certified ❑ Express M ' V� ❑ Insured S rn ❑ Return Re COD 7. Date of D 0 6. Address Addresh/ ifrequested and fee i$�yf m 1 Domestic Return Receipt 9NITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Print your name, address, and ZIP Code in this box • CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 1111111111 111,11 till 11111 1111111! 111 dill 11 11111111111111111141 P 542 144` 491 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) 7Seto L--M-e- �f (rP ECro ls? t Street & Number p C7 �� A Post Office, State, & ZIP Code Vev-o RGAC tAI FL 3a2b"i Postage $ o Certified Fee r 1 0 Special Delivery Fee Restricted Delivery Fee Lo m Retum Receipt Showing to Whom & Date Delivered Raetu,& i Whom, 0 40TKPostage & co LL w a $y61' Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. if you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry Z' 10, Q) Q) LO 7b Q 2 O O O Cl) 0 Lft rn a d O. Qoo OF pft CA14 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 CERTIFIED April 1, 1997 Thomas Huber 750 Beard Avenue Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi-judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1995 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Roberti. Massarelli Community Development Director City of Sebastian �Lw "W P* C SEN ER: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write `Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: Thomas Huber 750 Beard Avenue Sebastian, FL 32958 5. Received By: (Print Name) 6. Signature: (Addressee or Agent) X ICT i LS4, IA� PS Form 3811, Debember 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery. Consult postmaster for fee. 4a. Article Number P SIZ Lq44 LCgo 4b. Service Type ❑ Registered )I(Cerfified ❑ Express Mail ❑Insured t for Merchandise ❑COD 7.1) ❑ 4se's 8. Add Address (Only if requested anda/d) Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail o o ,� - Cosa aid P FVC - - e m1f No: o o----�-_--- • Print your n meMddr`bss and ZIP Cradet In Is oac - �`� 9� cr�.�,,�, ..-_...-rte....-�,._ ...�,r,,._---• CITY OF SEBASTIAN 1225 MAIN - STREET SEBASTIAN, FL 32958 tt-i tti i i tit11It it tt tt t,,IIt( 1ti# l 1111111 till Co" d)evfi P 542 144 480 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to TH(3v-Ats Nu3� Street & Number '150 ! 2f Ao e(ULt C-7Post Office, State, & P Code 5 X51 Postage Certified Fee I Special Delivery Fee Restricted Delivery Fee LO Return Receipt Showing to + f� r Whom & Date Delivered I V L Return Receipt.Showing to Whom, Q Date, & Addressee's Address Q TOTAL Postage & Fees �. 5a M Postmark or Date Sd LL EL �jI Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the q) M return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address Ln on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the r addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. L`8 6. Save this receipt and present it if you make an inquiry. U) .t 0 CER rit=- - D April 1, 1997 City of Sebastian 1225 MAIN STREET G SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 o FAX (561) 589-2566 First Church of the Nazarene 50 S. Wiumbrow Drive Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, April 16,1997 at 6:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit for a proposed daycare center to be located on approximately 26,000 sq. feet of Tract E, Block 485, on South Wimbrow Drive, one block south of C.R. 512, zoned Residential Single Family (RS -10). All records are available for review in the office of Community Development; Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council 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 will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian kS6 Nm* P6C SENDER: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailplece, or on the back if space does not permit. ■Write'Retum Receipt Requested' on the maiiplece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: First Church of the Nazarene 5 0 S . Wimbrow Drive Sebastian, FL 32958 5. Received By: (Print Name) 6. Signator :Oddryssee g t PS Form 3 11, December 1994 I also wish to receive the following services (for an extra fee): R 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number P 51t), 1 q 4 Lf -7 9 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑Insured O Retum R� ipt for Merchandi� ❑COD 7. Date o" Q�I'rvery'4� 8. Addr**'s Address (Only if requested and fee 1"aid) Domestic Return Receipt First- p noo it UNITED STATES POSTAL SERVICE 0 791 ostage.&F- ei "al —tpe-rrr*t,No- C • Print your nar aidWes's, and ZIP Code- n-fts-ba"-- �91 CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 111111111111111!111111111111lilt 11111113 lilt fill 11111111111111 Co " oe4 a P 5V2 L44 478 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to /1 rtes-- et+L W -C* ,Uf,zA 2ePE Street & Number S© .5- Lk) Irhh2o� �R Post Office, State, & ZIP Code 6e,iSRsrI#1 . Ff✓ 3ac13'$ Postage $ 1331 Certified Fee 1 Special Delivery Fee Restricted Delivery Fee Lo Return Receipt Showing to Whom & Date Delivered I cLReturn Receipt Stowing to Whom, Q Date, & Addressee's Address TOTAL Po co , e 1fIFees32 V)litna" �9M J� LL11 '� CO �� Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front), 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). a� 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the Q) return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address u� rn on a return receipt card, Form 3811, and attach it to the front of the article by means of the ~ 'Q gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. LL 6. Save this receipt and present it if you make an inquiry. Cn d j QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, MAY 79 1997 97.118 A. Conduct Public Hearine on ADDlicatlon for Snecial Use Permit for a Pronosed Libertino Davcare Center - Tract E_ Block 485. South Wimbrow Drive in Residential Sinele Familv District (RS -10)- Consider Adoption of Resolution No. R-97-23 - Deferred from 4/16/97 11 e �N�c ©PAI A Name Sb (� eo2G1R 3t r� Address x For Against Information /% n Nam`/ Address ForAgainst-------------------------------- --Information Name Address (� For Against Information ---------- - - ----=--------------------------------------------------------------------------- Name Address 3kT %ron,',1+ al,l� For --------Aga!------------------------------------ Information Name / / % fir,, S Hkecov — Address oRG X41 (3Ld/J For ainst Information Name Address For Name Address Against Information For Against Information ---------------------------------------------------------------------------------------------------------------- Name Address For Name Address For Against Against Information Information Name Address For Against Information 2 a Name Address For Name Address For Name Address For Name Address For Against Information Against Information ----------------------------------------------------------------------------------------------- Against Against Information Information Name Address For Against Information -- ----------------------------------------------------------------------------- 3 1. 2. City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MAY 79 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting May 7, 1997 Page Two Mayor Barnes asked that two items be added to the agenda, the first being a proclamation for RN Recognition Day. MOTION by Sullivan/Cartwright . I would move to add that proclamation to the agenda. (3 A) ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 The City Manager requested addition of an item to release an easement to accommodate a property owner for a closing. MOTION by Taracka/Cartwright I make a motion to add Resolution R-97-32 to the agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Mayor Barnes read and presented a proclamation to Inez Fielding, Florida Nurses Association. 0) Special City Council Meeting May 7, 1997 Page Three 4. QUASI-JUDICIAL PUBLIC,' HEARING(S). FINAL ADOPTION 97.118 A. Conduct Public Hearine on Application for Special Use Permit for a Proposed Libertino Davcare CMter - Tract E. Block 485. South Wimbrow Drive in Residential Single Family j trict (RS -10)- Consider Adoption of Resolution No. R-97-23 - Deferred from 4/16/97 (Director of Communitv Development Transmittal 4/10/97_ R-97-23. Staff Report,Aolication_ Location MAp. Sec. 20A-6.1.0.3. LDCJ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS -10 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WRVIBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:08 p.m., and the City Attorney read Resolution No. R-97-23 by title. The applicant waived swearing in of any parties. The Director of Community Development gave the staff report (see attached); explained that the reason this is before City Council is that one of the conditions of conditional uses, which this type of application would ordinarily fall under, is that daycare centers are to be located on major collectors. He said the comprehensive land use plan does not identify Wimbrow Drive as a major collector which is based on the Indian River County system. He said staff is working on comprehensive plan amendments which would establish "local collectors". He reiterated staff report and recommended approval with conditions as outlined in the report. Mrs. Sullivan expressed concern for the conflict between the Land Development Code and Comprehensive Land Use Plan and the use of special use permits. Carmine Libertino, 6167 Island Harbor Road, Sebastian, distributed a sketch of the facility, and said there was a need for childcare in Sebastian. Special City Council Meeting May 7, 1997 Page Four PrQponent$ who spoke were: Frank Cooper, 534 Balboa Street, Sebastian Oononents who spoke were: Dennis O'Hara, Georgia Boulevard, Sebastian Sal Neglia, 461 Georgia Boulevard, Sebastian Dean and Linda Nephew, 365 Georgia Boulevard, Sebastian Thomas Huber, 325 Georgia Boulevard, Sebastian Gary Kaczinski, 433 Arbor Street, Sebastian Mayor Barnes closed the public information period. The Director of Community Development said daycare centers, by the Land Development Code, are limited to residential districts and COR and could not be placed in general commercial districts. He said the issue tonight is to determine if the use on the property is proper and that if determined to be so, site plan will be addressed at a later time. He said it was his understanding that sewer lines are available on CR 512 and that the site will be required to connect; that a traffic impact study could not be required because there will be less than 1000 trips per day generated; and said he was not aware of any civic zoning designation and that this property was in RS -10 zoning. TAPE I - SIDE II (7:48 p.m.) Mrs. Sullivan pointed out that the Comprehensive plan designates only CR 512 and CR 505 as major collectors, and in a conflict, shall prevail. Mayor Barnes expressed concern for increased traffic. Mr. Taracka expressed concern regarding using special use permits and inconsistencies with the comprehensive pian. Mr. Paul cautioned about concerns relative to increased traffic and urged others to work with businesses. Mrs. Cartwright said the comprehensive plan merely defines collector streets, the City is working to alleviate conflicts between the Land Development Code and Comprehensive plan and asked that the location of other daycare centers in the City be considered. The City Attorney reminded City Council that quasi-judicial matter must be based on substantial competent evidence presented. n Special City Council Meeting May 7, 1997 Page Five MOTION by Cartwright/Paul I move to approve Resolution R-97-23. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - nay Mr. Taracka - nay Mrs. Cartwright - aye MOTION FAILED 2-3 (Sullivan, Barnes, Taracka - nay) MOTION by Sullivan/Taracka I would like to move denial of the special use permit for the proposed Libertino Daycare Center on South Wimbrow Drive in a residential single family district, RS -10, since a childcare facility located within RS -10 district, its states `shall be located on a major collector street or larger' as designated in the City's adopted thoroughfare map and that in the comp plan only CR505 and CR512 are identified as major collectors and that when there is a conflict with the comprehensive plan as there is in this case, the comprehensive plan shall prevail. The City Attorney advised that the reason the special use permit was applied for was that the site was not on a major collector, therefore, Council will have to find that the use will be detrimental to the health, safety or welfare or be injurious to other parties and state why. Mrs. Sullivan then added "that it is injurious to the health, safety and welfare of the neighborhood because it is not on a major collector." The City Attorney said the application cannot be denied based on the fact that it is not located on a major collector because that is the reason they are asking for the special use permit and advised that a specific finding of fact be made as to why it is detrimental. Mrs. Sullivan added "because of the additional traffic this type of development would generate, and because the many small children in the neighborhood." 5 Special City Council Meeting May 7, 1997 Page Six Mayor Barnes suggested a substitute motion "the requested daycare center on South Wimbrow is detrimental to the public safety since the additional traffic will negatively impact traffic in the neighborhood based upon substantial competent evidence provided at the hearing". Mrs. Sullivan agreed to use Mayor Barnes' motion. Mrs. Cartwright said, for the record, "that childcare centers are presently used in the City of Sebastian in similar locations, and I disagree that we've heard competent testimony otherwise to disallow this use." Mr. Paul said he did not see any competent evidence that the daycare should be denied and expressed concern for limiting business in the City. ROLL CALL: Mrs. Sullivan - aye Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay MOTION CARRIED 3-2 (Cartwright, Paul - nay) Mayor Barnes called recess at 8:22 p.m. and reconvened the meeting at 8:35 p.m. All members were present. ,T Special City Council Meeting May 7, 1997 Page Seven 97.130 B. Conduct Public Hearing on Application for Special Tjse Permit to Allow Outside Dining at IL Waterfront Re$taurant at 806 Indian River Drive in CTMC General Marine Commercial) Zoning District - Consider Adoption of Resolution No. R-97-27 (Director of CDmmunity Develonment Transmittal 5/1/97. R-97-27. Staff Report. Application- Location pplicationLocation Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:36 p.m., and the City Attorney read Resolution No. R-97-27 by title. The City Clerk swore in all those who intended to offer testimony. The Director of Community Development gave staff report (see attached). TAPE H - SIDE I (8:50 p.m.) The Director of Community Development continued his report and in closing, recommended approval with certain conditions as stated in the report and an addition to condition 4 "or as amended". In response to City Council questions, he said all new development in the Riverfront area will have to meet FEMA requirements; that there are a total of 42 parking spaces for the site; and said there was a provision to allow narrower parking stalls. Mrs. Sullivan said she was concerned about parking and did not want to see off-site parking. Bruce Cooper, Bruce Cooper Consulting, representing Richard Fey, said for the record that the 1991 approval was conceptual only, distributed the TRC developed in 1994 for the site plan approval (this document did not come back to the City Clerk); requested that the 105 seats be provided throughout the restaurant including the deck and said Mr. Fey is willing to provide valet parking off-site. He said for the record, FEMA requirements for this property have been the same since 1990. He then distributed copies of letters from Mr. Fey's attorney Gregg Casilino, Esq. dated May 6, 1997. 7 Special City Council Meeting May 7, 1997 Page Eight The City Attorney filed an objection to the Casilino letter being entered into the record, stating that the applicant is illegally estopped from bringing out the issue of whether or not a special use permit is needed, since the applicant agreed to pursue the special use permit.. Mr. Cooper said, for the record, Planning and Zoning approved the plan in 1994 and a building permit was issued allowing the deck to be elevated; said the deck did not qualify as a structure to meet setback requirements; and requested that Council allow entertainment on the deck without applying for a special use permit In response to Council questions, Mr. Cooper said hours of operation have not been established; approximately seven employees will be used; and said he objects to conditions C and D. The Director of Community Development said valet parking as mentioned tonight would not be allowed under the Code. Richard Fey was sworn in by the City Clerk and said resin tables will be' used and that there will be security on site. Fr ponents who spoke were: Damian Gilliams, 1623 US 12 Sebastian. TAPE H - SIDE H (9:37 p.m.) Mr. Gilliams continued his presentation. Opponents who spoke were,: Leonard Bassi, 573 Browning Terrace, Sebastian questioned Mr. Cooper's occupational license. The City Attorney said testimony has to be limited to credibility of a witness. The Director of Community Development read excerpts of a letter of objection from Alan French to the Planning and Zoning Commission into the record. Mayor Barnes opened and closed the public information period. The Director of Community Development reiterated staff report and in closing, recommended approval with certain conditions as set out in the resolution. 8 Special City Council Meeting May 7, 1997 Page Nine Mr. Cooper reiterated the applicants' request for 105 seats and to allow service to all patrons sitting or standing and to allow entertainment on the deck. Mayor Barnes closed the hearing at 9:45 p.m. Mayor Barnes disagreed with condition B, whereby "all service shall be seated, i.e., no service to patrons standing in the restaurant or on the deck", stating it would probably be unenforceable. The Director of Community Development concurred but said parking was the critical issue. The City Manager agreed that parking was a critical issue on the Riverfront and stated that many waterfront areas have problems with outside music because the noise carries. Mr. Cooper asked that unamplified music be allowed on the deck, however, the Director of Community Development objected since this was not applied for. Mrs. Cartwright objected to music outdoors and disagreed with condition B. Mr. Paul questioned the environmental impact of serving on the deck. MOTION by Taracka/Paul I move to approve Resolution R-97-27 with conditions A, C and E. ROLL CALL: Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay MOTION CARRIED 4-1 (Sullivan - nay) Special City Council Meeting May 7, 1997 Page Ten C. RMolution No. R-97-30 -Vacation of Easement The City Manager briefly explained the matter and the City Attorney read R-97-27 by title. MOTION by Cartwright/Taracka I move approval of Resolution R-97-30. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 5. Being no further business, Mayor Barnes adjourned the Special Meeting at 10:21 p.m. Approved at the Kathryn M. O'Halloran, CMC/AAE City Clerk , 1997, Regular City Council Meeting. Walter W. Barnes Mayor 10 LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF MAY 15, 1997 Mr. Johns 2. Disagreement between the Land Development Code and the Comprehensive Plan - child care facility - LDC, allowable on a major feeder; Comp Plan, only found two major feeders in Sebastian, CR 512 and CR 505, it would then totally disallow child care facilities within a neighborhood. Mr. Tempia noted that in the new Comp Plan, many more streets are designated as feeders or major arterials or collector roads. He referred to the Major Thoroughfare Plan for 1996 and noted U.S. 1, CR 512, CR 505, and collector streets such as Main, Fleming, and Easy streets. In 1996 Wimbrow Drive is shown as a local street, and in 2010 it will be shown as a collector street. Mr. Pliska asked if the terms "local" and "major" were being eliminated from the Comp Plan and Mr. Tempia responded "yes". Mr. Massarelli noted that major and minor collectors, as noted presently in the Comp Plan, have no difference from a planning point of view, and both have the same level of service. But he also noted that the Land Development Code must be amended to eliminate the discussion about major and minor collectors. Mr. Tempia mentioned Concurrency Management which will be proposed in Appendix A in the last ten pages of the current draft document. He also noted that DCA now requires the Comprehensive Plan to be more specific, to have a lot more regulatory language. Ms. Kilkelly requested to return to the subject of "open space", and noted a conflict between the Comp Plan and the LDC where it referred to "permeable area", and asked that it be better defined. Mr. Massarelli suggested going through some of the different elements of the Comp Plan, with the land -use situation or the various categories of land -use. He noted the lack of a category for Environmentally Sensitive Lands, and commented on the COR category, that it seems to encourage offices, but in reality there is a lot of Commercial and there is Residential. He noted that maybe the COR should be eliminated and made Limited Commercial, and a transitional category created where there is existing Residential that is changing to Commercial, to preserve the Residential character and look. There was discussion of an example such as Barber Street becoming four lanes and the possibility of the area changing to Commercial, as opposed to taking steps to keep it Residential. There was further discussion of Laconia Street and Fleming Street. The question was raised on the transportation element, the issue of how to disperse the transportation impact so Barber Street and Schumann Drive are not four-laned. Mr. Mather commented that "planting" is a duty of Planning and Zoning and the Local Planning Agency, and we don't want to see Barber Street a four -lane highway, so the planning must start now, including looking at other streets to move traffic. City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 May 23, 1997 Mr. Carmine C. Libertino 6167 Island Harbor Road Sebastian, FL 32958 Re: Application for Special Use Permit - Daycare Center Dear Mr. Libertino: The City Council, at its May 7, 1997 Special Meeting, denied your application for a special use permit for a daycare center. The City Council will approve the May 7, 1997 minutes at its May 28, 1997 Regular Meeting. If you have any questions, please do not hesitate to contact this office. Sincerely, Kathryn 14.O'Hall4an, CMC/AAE City Clerk sam cc: City Manager, Thomas Frame Director of Community Development, Bob Massarelli JR REPORTING ASSOCIATES, INC. (561) 567-9886 0 1(!1k1fiL_ lulivin 1 CITY COUNCIL 2 CITY OF SEBASTIAN 3 INDIAN RIVER COUNTY, FLORIDA 4 ATTORNEY/CLIENT SESSION 5 6 RE: The Sebastian City Council will conduct an Attorney-Client Session pursuant to 286.011(8)FS on Tuesday, July 1, 1997, 7 at 6:30 p.m., or as soon thereafter, in the City Manager's Conference Room, City Hall, 1225 Main Street, Sebastian, 8 Florida. The purpose of the Attorney-Client Session is to meet in private with the City's Attorney to discuss 9 pending litigation to which the City is presently a party before a court. The subject matter of the meeting shall 10 be confined to settlement negotiations or strategy sessions related to litigation expenditures. 11 12 July 1, 1997 ..� 13 Transcript of proceedings before the Sebastian City 14 Council Attorney/Client Session, held at Sebastian City Hall, 15 1225 Main Street, Sebastian, Florida, commencing at 6:30 16 p.m., on the day and date above set forth. 17 18 APPEARANCES: 19 Walter Barnes, Mayor 20 Richard Taracka, Vice Mayor 21 Thomas Frame, City Manager 22 Valerie Settles, City Attorney 23 Louise Cartwright, Councilmember 24 Larry Paul, Councilmember 25 Ruth Sullivan, Councilmember JR REPORTING ASSOCIATES, INC. (561) 567-9886 2 1 (Thereupon, the proceedings commenced on July 1, 2 1997 at 6:30 p.m., at the Sebastian City Hall meeting room 3 as follows:) 4 MAYOR BARNES: Public session of the 5 attorney/client meeting July the 1st, 1997, 6:30 p.m. This 6 is the attorney/client session pursuant to Chapter 286, 7 Florida Statutes. The session will last approximately one 8 hour. 9 The names of the persons are Louise Cartwright, 10 Richard Taracka, Thomas Frame, Valerie Settles, Ruth 11 Sullivan, Walter Barnes and Larry Paul. 12 I will now close the public session and the 13 client/attorney session will begin. 14 MS. SETTLES: We're here today to discuss the 15 Libertino (phonetic) lawsuit. This, as you recall, is a day 16 care center that had applied for a special use permit to 17 operate a day care facility. And the reason they had to 18 apply for the special use permit was because the 19 comprehensive plan does not show a street that they want to 20 place it on as a collector because it states it has to be on 21 a collector road. Even though the code shows it's a 22 collector road, the comprehensive plan does not. 23 The applicants have filed a petition for writ of 24 certiorari. What this is, is that they're asking the circuit !� 25 court to review the action of local government to see if JR REPORTING ASSOCIATES, INC. (561) 567-9886 eo**,\ /1 3 1 you've abused your discretion. And the standard review will 2 be whether or not you had substantial competent evidence to 3 deny the application for a special use permit. 4 We're here today to discuss the strategy in 5 relation to this litigation. And in connection with that, I 6 just wanted to talk to you a little bit about the standards 7 for review on a quasi judicial matter. What the courts have 8 said is that your decision must be based on substantial 9 competent evidence. I'm going to have a workshop on quasi 10 judicial and discuss that in more detail, and I really can't 11 go into it too much here; but for purposes of this 12 litigation, I've given you about four or five cases where the 13 courts consider what is and what is not substantial competent 14 evidence and in particular where they're talking about 15 citizen testimony as opposed to any kind of expert testimony. 16 The first one if you look, there's the Citv of 17 Apopka case. This is the one that courts usually state or 18 cite, rather. It is like the grandfather of all 19 neighborhood -- neighboring kind of cases. If you look at 20 Page 3 where the Court's talking about what you need in order 21 to determine if there's substantial competent evidence -- 22 MAYOR BARNES: Like the fourth paragraph down 23 there? 24 MS. SETTLES: Yeah. Then the next paragraph, it 25 talks about the kind of evidence that they received from the JR REPORTING ASSOCIATES, INC. (561) 567-9886 n WMA 1 neighboring property owners. If you read the very last /00 � 2 paragraph, it says, "Although notice to and hearing of the 3 proponents and opponents of an application for a special 4 exception or other zoning are essential and all interested 5 parties should be given a full and fair opportunity to 6 express their views, it was not the function of the Board of 7 County Commissioners to hold a plebiscite" -- I think that's 8 the way you pronounce that -- "on the application for the 9 special exception." 10 MS. SULLIVAN: What does that mean? 11 MS. SETTLES: What it means is that the function of 12 a zoning hearing is not to have everybody come in and say how 13 much they hate the project. You're there to see if the 14 project complies with your codes and meets what are standards 15 that your code sets up. 16 If you go down, they're citing another court in 17 that next paragraph, but this case gets cited so much and 18 this is the main thing that the courts usually cite. 19 "Public notice of the hearing of an application for 20 exception . . . is not given for the purpose of polling the 21 neighborhood on the question involved, but to give interested 22 persons an opportunity to present facts from which the board 23 may determine whether the particular provision of the 24 ordinance, as applied to the applicant's property, is P'on"1 25 reasonably necessary for the protection of . . . public JR REPORTING ASSOCIATES, INC. (561) 567-9886 /00 . f"'0*1 5 1 health . . . The board should base their determination upon 2 facts which they find to have been established, instead of 3 upon the wishes of persons who appear for or against the 4 granting of the application." 5 And it goes on and on and on. Essentially what the 6 courts are saying and other courts after this -- which we'll 7 get to in a minute -- is that you can't deny an application 8 just because people don't like it. 9 MS. SULLIVAN: Isn't that what they said at the 10 board table? And you said they're not necessarily following 11 that rule anymore. You talked to me after the meeting. 12 MS. SETTLES: No, you said the opposite. You 13 said -- 14 MS. SULLIVAN: No, I said in case of them turned 15 now because neighbors come in and say they don't want 16 something -- 17 MS. SETTLES: No, that's not what I said. If I 18 said that, I'm sorry. I -- 19 MS. SULLIVAN: You said the law has been changed so 20 that they are listening to other things now. 21 MS. SETTLES: What I meant to say, if I didn't say 22 it, was in previous times the standard of review for zone 23 change was that it was not quasi judicial as much 24 legislative. And so there was a different standard when 25 courts would review it. And After the Snvder case, the JR REPORTING ASSOCIATES, INC. (561) 567-9886 /"� 6 1 standard changed from fairly debatable substantial competent 2 evidence. So now courts are more strict and they give 3 matters more strict scrutiny and more and more local 4 government decisions are getting overturned than in the past. 5 Before when the standard was different, what is fairly 6 debatable -- 7 MS. SULLIVAN: I think that's the point I was 8 making with you originally because I was concerned because 9 from my previous experience we found that just because 10 neighbors don't want something, you can't base it on that. 11 You have to base it on something else. 12 MS. SETTLES: Right. 13 MAYOR BARNES: Why isn't the fact that this does 14 not fall into the comprehensive plan definition of a -- 15 MR. TARACKA: Major collector road. 16 MAYOR BARNES: -- major collector road? 17 MS. SETTLES: That's why they apply for the special 18 use permit. 19 MS. SULLIVAN: So the special use permit then is a 20 way to get around it. 21 MS. SETTLES: That's what the special use -- 22 special sessions commission uses a special use permit if 23 something is not specifically provided for, you can allow it 24 any way. That is the whole -- 25 MAYOR BARNES: But if you get to decide that the JR REPORTING ASSOCIATES, INC. (561) 567-9886 /O"N, f''" 7 1 land development code is the way we want it, why isn't that 2 enough? The land development code, the way it's structured 3 naming this as not a collector street. 4 MS. SETTLES: The land development code says it is. 5 The comprehensive plan -- 6 MAYOR BARNES: Comprehensive plan, yeah. 7 MS. SETTLES: Well, to deny -- under our code, to 8 deny a special use permit, you have to find that it's going 9 to be detrimental to the public health, safety and welfare. 10 That's the standard in the code for denying the special use 11 permit. 12 In order to find that, your decision has to be 13 based on substantial competent evidence. 14 MS. SULLIVAN: We have to call in experts to verify 15 our position -- 16 MS. SETTLES: If we can get -- it's not your 17 position. It's the public -- that if the public feels that 18 something is going to be detrimental to the public health, 19 safety and welfare, they're either going to have to go get an 20 expert witness or give expert testimony or what many 21 neighborhood groups do is hire attorneys. 22 A couple of the cases -- so I could give you a more 23 round picture, I gave you a couple cases where the courts 24 have upheld public testimony and they said it was 25 substantial, competent evidence. JR REPORTING ASSOCIATES, INC. (561) 567-9886 /A� n 1 MS. CARTWRIGHT: Isn't the interpretation and 2 recommendation by our staff members considered the expert 3 testimony that we rely on? 4 MS. SETTLES: Not necessarily. 5 MS. CARTWRIGHT: We have to rely on their 6 interpretation of the code? 7 MS. SETTLES: Okay. Let's just say theoretically 8 in this particular case you had a staff recommendation for 9 approval; let's say theoretically the neighbors went out and 10 hired a traffic expert and they showed that the day care 11 center was going to generate 60 additional trips and that the 12 level of service on Wimbrow was "C," and it was going to 13 bring it down to "D" and that was the witness that they came 14 in and paid for, I mean, you can base your denial on that. 15 The Staff isn't necessarily the basis for your decision. 16 MS. CARTWRIGHT: Yeah, but going into it, it's 17 Staff's interpretation of the code up until that point 18 because that's the only testimony we've read. 19 MS. SETTLES: Up until hearing, yeah, I guess you 20 can put it that way, yes. 21 MR. TARACKA: Question, Valerie. Why -- and maybe 22 you be can't answer this. I'm not sure. Why would they want 23 a day care center on a major collector road? 24 MS. SETTLES: Why would they want it? I�1 25 MR. TARACKA: Yeah, because that's what your JR REPORTING ASSOCIATES, INC. (561) 567-9886 140 ' 0 1 comprehensive plan is saying and based on the major 2 collector, it is the four -lane highway and -- 3 MS. SETTLES: Well, I think what happened is the 4 code lists South Wimbrow as a major collector and the 5 comprehensive plan doesn't. 6 MR. TARACKA: We have to fall back on the 7 comprehensive plan. That is the one we go by. 8 MS. CARTWRIGHT: But the code says a day care 9 center can only be on a major collector. It's not that they 10 want it there. The code places it there. 11 MR. TARACKA: We have to go by the comprehensive 12 plan. At least that's the way I felt at that point. You 13 fall back to the comprehensive plan. That's the catch-all 14 that you use. 15 MS. CARTWRIGHT: But the LDC places day cares only 16 on major collectors. That's the only place it's allowed as a 17 conditional use. 18 MR. TARACKA: Right. 19 MS. CARTWRIGHT: That's not that they want it 20 there -- 21 MR. TARACKA: I know that. I understand that. 22 MAYOR BARNES: Does anybody have a copy of the 23 resolution for the denial? What is the process of the 24 appellate court? I was under the impression if they just 25 took what was already written and reviewed that -- JR REPORTING ASSOCIATES, INC. (561) 567-9886 e0*%\ 10 1 MS. SETTLES: They review the record. 2 MAYOR BARNES: So what is our option? What can we 3 do? 4 MS. SETTLES: What I would recommend is that we 5 give them a de novo hearing and we try to establish a better 6 basis for what ever decision you want to make. 7 MS. SULLIVAN: Give who? 8 MS. CARTWRIGHT: You mean take it out of the court 9 of appeal? 10 MS. SETTLES: Yeah, and bring it back and give them 11 a de novo hearing. 12 MS. CARTWRIGHT: What happens if it stays in the 13 appeals court? Like Mr. Barnes said, what's the process? 14 MS. SETTLES: That's what I was getting to. You 15 have -- the Court issues a motion to show cause and we 16 respond and we have an oral argument and then the Court 17 decides and -- you know, we're going to go through the cases 18 so I could give you an idea what the courts do on a petition 19 for writ of certiorari. 20 And the next one that I have in the packet, it's 21 Debes v. The Citv of Kev West.. This is one I was involved 22 with the City of Key West. This is kind of interesting. The 23 staff proposed a change to the comprehensive plan to change 24 this piece of property from residential to commercial, and 25 the city overruled their own staff and denied the application JR REPORTING ASSOCIATES, INC. (561) 567-9886 /O� A 11 1 and went to the Court for petition of writ of certiorari. 2 The Court ordered the city commission to overturn 3 its decision, give them a new hearing and return its decision 4 and the city refused again. It went back again the second 5 time. That's this opinion I have right here. The city had 6 denied it based upon the fact that a commercial use is going 7 to create more traffic than a non-commercial use. And the 8 court said -- it's at the bottom of Page 8 -- "Because it is 9 virtually self-evident that, by its very nature, all 10 commercial uses create 'more traffic' than non-commercial 11 uses, is it equally obvious that local government cannot 12 justify a denial of a particular commercial use on this 13 ground. 14 "To hold otherwise would mean, as it apparently did 15 in the proceedings before the Commission, that the 16 protectable rights of any owner may be arbitrarily destroyed. 17 This is not, and we will not let it be, the law." 18 Any way, the Court's saying there was basically -- 19 just because something is going to have an additional impact 20 on the road system, that's not substantial competent evidence 21 for denying it. You have to show that -- in the law of 22 Florida, you have to show each road has certain levels of 23 service. You have to show that the use is going to burden 24 the level of service so that it's going to fall down to an 25 unacceptable level. If you show that, you cannot grant any JR REPORTING ASSOCIATES, INC. (561) 567-9886 fO ' 12 1 more permits in that area until the road is brought up to the 2 level of service, which would mean you would have to create a 3 moratorium. 4 MAYOR BARNES: On any construction? 5 MS. SETTLES: Yeah. If you show that the level of 6 service is going to fall below the level, that's the law that 7 you have to have a moratorium until something is done about 8 it. That's what concurrency is all about. 9 But there is recognition in the courts, you know, 10 that testimony from neighbors can be substantial competent 11 evidence. 12 This one case, The Citv of St. Petersburg case I 13 have is one instance where the Court said, ". . . there was 14 legitimate criticism that the size of most of the proposed 15 units was much smaller than any of the apartments and 16 condominiums in the immediately surrounding area. The 17 observation that there was already a high rate of vacancy in 18 nearby rental units was also relevant to the extent that it 19 reflected a concern that the new development might suffer 20 from the same problem and thereby adversely affect land 21 values in the neighborhood." 22 "Another valid reason expressed was that the small 23 wood frame module apartments that Cardinal intended to erect 24 were incompatible in style with any other buildings in the I� 25 area. " JR REPORTING ASSOCIATES, INC. (561) 567-9886 1�1 f'� 13 1 MS. SULLIVAN: What page? 2 MS. SETTLES: It's on Page 18. It's the St. 3 Petersbura case. There is recognition that public testimony 4 can serve as a basis for substantial competent evidence. 5 Likewise, in the last case which is The Fort Lauderdale case 6 where the applicant had presented a lot of evidence 7 concerning -- it was a waste disposal facility and the 8 neighbors basically had this one person who was a 9 veterinarian who gave some technical testimony and the Court 10 said that basically that was enough, that the issue wasn't 11 the amount of evidence; it was whether there was any 12 competent substantial evidence. 13 So I try to give you a good picture of cases both 14 ways, but basically the public has to learn that it has to 15 get organized and form associations and hire public 16 interest -type lawyers which there are around that do this 17 kind of thing and become more active and become active in the 18 comprehensive planning process as well because that's what 19 the law is. 20 But my recommendation to you to give them a de novo 21 hearing would be twofold: First of all, to eliminate the 22 need to go through the circuit court proceeding and then also 23 to, you know, give a time for both sides, you know, if the 24 public -- if they wanted to to get their act together and 25 present something more concrete to you. JR REPORTING ASSOCIATES, INC. (561) 567-9886 1101 IOC 14 1 MAYOR BARNES: That would be, I take it, a public 2 hearing with due notice and what have you? 3 MS. SETTLES: Uh-huh. 4 MS. CARTWRIGHT: On Page 5 the first case, it said, 5 "The judgment appealed from is therefore reversed and 6 remanded the circuit court . . ." et cetera, et cetera "and 7 to remand the cause to the board of county commissioners for 8 another de novo hearing on the application . . ." 9 So they're pretty much telling the commissioners 10 that they have to have another hearing and approve? 11 MS. SETTLES: Unless they come up with some other 12 evidence. 13 MS. CARTWRIGHT: So they're just putting it back to 14 square one -- 15 MS. SETTLES: Right. 16 MS. CARTWRIGHT: Okay. 17 MS. SETTLES: No, but they are telling them if they 18 don't comply with the standards that the judges laid out, 19 that it's going to be thrown back again, which is what 20 happened in that Key West case. They refused -- after the 21 judge sent it back, they refused again to grant the 22 application. 23 MR. FRAME: It seems to me that the real test here 24 is difficult to deal with. I mean, I come up and I 25 present -- "I" being anybody -- I present testimony, and JR REPORTING ASSOCIATES, INC. (561) 567-9886 15 1 somebody else comes up and presents testimony and somebody 2 else comes up, presents testimony, the decision that you have 3 to weigh is whether my testimony was competent evidence. 4 In other words, if I just came up and said, I don't 5 like it because I don't like it, that's not competent 6 evidence. I come up and say, I don't like it because the 7 street is going to be too busy. 8 It may or may not be competent evidence. Depends 9 on what level of testimony I gave relative to that; it some 10 what calls for a judgment decision or some how the council 11 will wade through that and make your decision predicated on 12 what you assume or believe to be competent evidence. 13 So who advises the council as to the determination 14 if it's a collective -- it's got to be a collective decision 15 of council in their collective judgments that it's competent 16 evidence. Now, it may end up being that you were wrong. 17 There's nothing that I can think of -- there's no whistle or 18 bell that necessarily goes off and says it's either right or 19 it's wrong. 20 Hopefully there's some conclusion being argued that 21 helps support the position being advocated, whether it's 22 against or for. So the real tough part is, I guess looking 23 for those things that support a position as being supported 24 by competent evidence. f0ft1 25 I guess, Valerie, the question is to be what JR REPORTING ASSOCIATES, INC. (561) 567-9886 /10� r- 16 1 process is there other than just collective wisdom -- 2 MS. SETTLES: Well if the courts give you something 3 a little vague, and say something like reasonable basis for 4 your decision. 5 MS. CARTWRIGHT: It also could be the occupation of 6 the person testifying and the expertise of the expert. 7 MS. SETTLES: I thought -- 8 MS. SULLIVAN: That was in the case in Fort 9 Lauderdale. 10 MS. SETTLES: I thought he meant from -- just from 11 the neighbors -- 12 MS. CARTWRIGHT: On public opinion, yeah. 13 MS. SULLIVAN: But they're talking about expert 14 witnesses and immediately comes to mind the professional in 15 some field that comes and says -- 16 MS. SETTLES: Or if you're dealing with something, 17 you know, that's not aesthetic, let's just say, and the 18 neighbors go, you know, that's not going to fit in with the 19 rest of the architecture of the city or something like that, 20 that's something that any person by observing could see that, 21 so that would be competent substantial evidence even if -- 22 MS. SULLIVAN: They're not an expert witness? 23 MS. SETTLES: Right. Something like that would 24 be -- 25 MAYOR BARNES: I recall this case whether it's JR REPORTING ASSOCIATES, INC. (561) 567-9886 I"1 /O" 17 1 competent or what ever, there's quite a bit of testimony 2 about the possibilities or probabilities of increase in 3 traffic in the area. 4 For instance, Adams' project there that will cut 5 through Easy Street to South Wimbrow was mentioned, I know. 6 The growth in the area was mentioned. All that put 7 together -- and I don't have the transcript. Whether that's 8 sufficient, I don't know. 9 MS. SETTLES: The thing is, you can't deny a use 10 because -- merely because it's going to increase traffic. it You have to show that the increase in the traffic is going to 12 bring the road to an unacceptable level of service. 13 MS. SULLIVAN: And threatening the health, safety 14 and welfare of the area. 15 MS. SETTLES: Right. 16 MR. FRAME: Let me ask a question just to be 17 argumentative for a second on this issue. 18 MS. SETTLES: Uh-huh. 19 MR. FRAME: The comp plan, as I recall, did not 20 identify South Wimbrow as being a collective road and that 21 was the beginning of the problem, hence requiring this 22 particular hearing. 23 As I understand, the development code identifies it 24 as a collector but the comp plan didn't. Now typically in 25 your comprehensive plan, typically the only roads you JR REPORTING ASSOCIATES, INC. (561) 567-9886 i" `' r 18 1 normally identify in terms of level of service are your 2 collector road system. Those are the ones -- at least in the 3 comp plans I've been involved with -- where the collector 4 roads, local streets, we didn't establish level of service on 5 those streets. 6 MS. SETTLES: Can I interrupt you and tell you what 7 happened? What happened was, the city did a traffic study in 8 1993 that showed the level of service of South Wimbrow as 9 Level of Service C, and it showed it as "C" through the year 10 2013 based upon the proposed development. It's identified as 11 a collector in our code and a traffic study was done back in 12 '93. 13 MR. FRAME: So it did identify a level of service? 14 MS. SETTLES: Yeah. What happened was -- what I'm 15 told happened is from West Soland (phonetic) when the comp 16 plan too the Indian River County designation for collector 17 roads -- and that's what he used for some reason. That's why 18 the ones in the code didn't show up in the comp plan. 19 But, yeah, we have a traffic study that includes 20 South Wimbrow with all of the proposed development at the 21 time. 22 MR. FRAME: I guess the question is, though, What 23 is the adopted level of service from South Wimbrow? In other 24 words, the decision to set your level of service is a local 25 decision. You could choose to set level of service on all JR REPORTING ASSOCIATES, INC. (561) 567-9886 /40 ' e"kl\ �O� 19 1 your collector roads at Level Service A. I don't think you 2 could afford that because that meant every time it got any 3 amount of traffic you'd have to expand the road, keep it 4 Level of Service A too. Most communities -- in fact, I can't 5 think of any communities that can afford to maintain that 6 level of service. Typically what you try to shoot for is 7 Level of Service C if you can and -- 8 MS. SETTLES: Chapter 163, too. You can't go below 9 C, 10 MR. FRAME: Well, you can go to "D" in some cases 11 because we have "D's" in some cases. Where you really get 12 into trouble is when you get to Level of Service F. But my 13 point is, it showed what the level of service was. Was there 14 an adopted level of service -- 15 MS. SETTLES: I don't know. 16 MS. CARTWRIGHT: City council adopted the 17 transportation plan in 1993. 18 MS. SETTLES: You're right. That's city's 19 transportation plan. 20 MS. CARTWRIGHT: It's adopted. 21 MR. FRAME: It set a level of service. I mean, 22 there isn't an identified level of service for Wimbrow so 23 you -- 24 MS. CARTWRIGHT: In fact, we have -- since I've 25 been on city council, that section has been given to us as JR REPORTING ASSOCIATES, INC. (561) 567-9886 20 1 part of our approval or disapproval of other items that 2 section in O.C. -- what ever it was called. 3 MR. FRAME: I'm just trying to figure out what 4 level of service was adopted because if you're going to 5 determine that the additional traffic is going to reduce the 6 level down, it would have to be compared only to an adopted 7 level. Any other level is pure assumption as to what the 8 proper legal ought to be unless it's adopted. 9 MS. CARTWRIGHT: Staff does their staff report on 10 any land use thing that they bring before us. They always 11 refer to that. They usually -- I haven't seen one where they 12 haven't referred to that transition. 13 MR. TARACKA: Does the level of service dictate the 14 type of collector? In other words, major collector verses 15 minor collector? 16 MS. SETTLES: I don't think so. I think that's 17 lanes, isn't it? 18 MR. FRAME: Not typically. It deals with lanes and 19 volumes of traffic. That's what level of service relate to. 20 It's complicated. I mean, for instance, if you said you come 21 to a traffic light -- as an example, usually if you cycle 22 through the light and can't get through that traffic light 23 before it recycles to a red light again, as just an analogy, 24 we were always told that's a pretty good example from any f� 25 where from D to F Level of Service when you find traffic JR REPORTING ASSOCIATES, INC. (561) 567-9886 /O" `1 1 backed up so much that you can't get through it in a single 2 cycle. 3 on a two-lane road, it's all based on typically 4 volume of traffic. The road is designed to carry so many 5 trips per what ever period of hour they're measuring it. It 6 relates to -- you've got peak hour, you've got peak season. 7 There's all that terminology and so that establishes a norm. 8 When your traffic loads go up above that, then your 9 level of service begins to decay. And depending on that 10 volume, they'll put traffic counters out and they can 11 actually tell you what that level of service is. I can't 12 tell you what -- it takes a traffic engineer to run the 13 numbers and come out and tell you what it is, but they can 14 tell you if it's Level of Service A, B, C, D or F. 15 That's really the levels that you deal with. In 16 theory, I suppose you could have something worse than "F," 17 but anything in "F" or below stays "F." 18 MR. TARACKA: That's why I asked the question on 19 why the day care center, based on the comp plan, could only 20 be located on a major collector based on the fact that we 21 have minor collectors, but it does have to do with the level 22 of traffic basically. 23 MR. FRAME: The only thing I think that you have to 24 look at is typically -- I guess Barber and some of the others 25 that are identified as collectors are all two lane roads too. JR REPORTING ASSOCIATES, INC. (561) 567-9886 A 22 1 MS. CARTWRIGHT: They have a definition of a major 2 collector, and that's how it is. 3 MR. FRAME: But the measure -- What I'm saying is 4 the measure -- typically it deals a lot of times with the 5 width of the lanes. If you got 24 -foot wide pavement 6 surface, you've got some standard lane sizes as opposed to 7 something that might be nine- or ten -foot lanes; but a 8 two-lane road is only going to carry so much traffic whether 9 you decide it's a thoroughfare, a collector or what ever it 10 you want to call it. It still has a level of service. 11 Typically your collector road system is a grouping 12 of roads and you can have arterials and collectors and you 13 can have minor, major arterials, minor and major collectors, 14 but the key to that really deals with the volume of traffic 15 for the number of lanes that road has in determining level of 16 service. 17 MS. CARTWRIGHT: What happens now legally? 18 MS. SETTLES: Well, we can agree to go ahead and 19 give them a de novo hearing or it will go to the Judge on the 20 record. 21 MS. CARTWRIGHT: How soon would that happen? Are 22 these pretty quick? 23 MS. SETTLES: I don't know what the docket is like 24 in Vero. 25 MS. CARTWRIGHT: We have to respond in some way. JR REPORTING ASSOCIATES, INC. (561) 567-9886 23 1 That's what I'm asking -- 2 MS. SETTLES: Thirty days I'm supposed to file a 3 response to this petition. One thing, when you bring it back 4 for a de novo hearing, what you can do is try to come up with 5 some additional restrictions such as buffering and maybe a 6 right turn only so all of the traffic will have to go to 512 7 and you can maybe give the public some assurances by placing 8 conditions. Maybe you can -- certainly you could have 9 meetings. Not all of you but one of you can have a meeting 10 with the public and try to come up with -- get their input 11 and come up with things, conditions, that you can impose on 12 the property without it. 13 MR. TARACKA: Just a "for instance," after talking 14 with people that live out on South Wimbrow, business hours in 15 the morning up until about 9 a.m., and business hours again 16 until 5 p.m., is a real problem with people trying to get in 17 and out of Wimbrow Drive -- South Wimbrow Drive. You could 18 change the hours and, say, start your business after 9 a.m., 19 and -- 20 MS. SETTLES: Or before -- 21 MR. TARACKA: Or before. Okay. 22 MS. CARTWRIGHT: But the other thing to remember is 23 that this is a business and most people go to work. I have 24 to drop off my child before I went to work, so you can't 25 impose -- JR REPORTING ASSOCIATES, INC. (561) 567-9886 r0 24 1 MS. SETTLES: If they have longer hours, if they 2 opened really early -- 3 MS. CARTWRIGHT: But the other thing is the change 4 coming up real quick on 512; but we're not here to decide 5 that. 6 If you respond that we want the Court -- what is 7 the response? In other words, you say either: A) we're 8 going to hear it -- 9 MS. SETTLES: No, that is not the response. The 10 attorney's response should be trying to uphold the decision 11 of the local government. Quite frankly, I'm at a real loss 12 to be able to say that you have competent substantial 13 evidence. 14 MR. PAUL: What happens if you take and you rehear 15 it and the same decision comes up again? At that point then 16 does applicant have to continue doing the same thing they 17 did -- 18 MS. SETTLES: Well, they'll appeal again and 19 hopefully I'll have something to defend. If you decide to 20 deny it right now, I don't. 21 MS. CARTWRIGHT: If they have to appeal again, I'm 22 sure this has got to cost something to send these people to 23 court. And now you're saying they won't get any of that. I 24 don't know the cost, honestly. I don't know. But I assume 25 it cost something to hire a lawyer and go to an appeal JR REPORTING ASSOCIATES, INC. (561) 567-9886 f�1 25 1 situation. 2 MS. SETTLES: Right. But also they don't have that 3 great a record. They didn't have a court reporter there. 4 I'm not going to agree with this written thing that they 5 have. I would agree to some kind of a summary, but I'm not 6 agreeing to this thing that they had some secretary 7 transcribe from a tape. 8 MS. CARTWRIGHT: No, that's not my question. 9 MS. SETTLES: But their incentive -- what their 10 incentive said is they would have a better record and they 11 would have an attorney there, they would have a court 12 reporter there and they would have a much better record to 13 appeal. 14 MS. CARTWRIGHT: Right, but then they'd have to 15 start the process all over again or does it put it in limbo? 16 MS. SETTLES: No, this would be an agreement 17 between us and them to rehear it. 18 MR. FRAME: Is it conceivable in some cases the 19 Judge might -- without us agreeing to that might -- throw it 20 back for a second hearing any way? 21 MS. SETTLES: Yeah. 22 MR. FRAME: I've seen cases that I've seen where 23 the Judge sent it back for another hearing before he was 24 willing to -- but we don't know that he'll do that either. 25 He might go ahead and make a determination on the case. JR REPORTING ASSOCIATES, INC. (561) 567-9886 26 1 MS. SETTLES: No, they usually send it back. r'O06� 2 They'll make a determination on the record and then they'll 3 send it back. I mean, they'll say, You've abused your 4 discretion; you didn't have substantial competent evidence. 5 And then he'll send it back for rehearing. That's what he'll 6 do. 7 MS. SULLIVAN: Well, then if that's possible that 8 would happen, then we need to hear it ourselves without going 9 into court. 10 MS. SETTLES: That's what I think. To tell you the 11 truth, I don't even know how I could defend this. 12 MS. SULLIVAN: Then see what the people in the area 13 come up with. 14 MS. CARTWRIGHT: If we're advising them on what to 15 come up with, is that fair and impartial? 16 (More than one person speaking at once.) 17 MS. SETTLES: Hold it. Hold it. I didn't mean -- 18 what I meant, under the new Florida legislation you can meet 19 with the home owners concerning a land use application. I 20 just mean, like, it's not a violation of the Sunshine Law or 21 of any Florida statute for one city councilperson, say, to 22 meet with the people and say, Look, you know, you have to 23 come up with some kind of evidence; you have got to hire an 24 attorney or you have got to hire a traffic expert and this is 25 the way the law is in Florida. And then your constituents JR REPORTING ASSOCIATES, INC. (561) 567-9886 27 JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 are meeting with them and you're meeting and telling them 2 this. 3 There's certainly nothing wrong with doing 4 something like that. It's not a violation of any provision 5 just to give them some guidance on the kinds of things that 6 they have to look for if they're going to oppose an 7 application. 8 MR. PAUL: But a question, if we've already stated 9 that the traffic -- from what I'm understanding and what I'm 10 hearing -- is not an objection, how could you go ahead and it any individual councilperson try to use that, you know, or to 12 inform the public that that could be used as a possible 13 objection? 14 MS. SETTLES: I'm not advocating that. I'm just 15 saying that the people, you know -- 16 MAYOR BARNES: It's a matter of informing people of 17 their rights. 18 MR. PAUL: All I'm trying to figure out is the fact 19 of what I'm hearing here is the fact that we've already got 20 the road -- basically that the road can't be used as an 21 objection. 22 MS. SETTLES: No, that's not what I said. I said 23 in order to use traffic as an objection, you have to show 24 that the project's impact is going to cause the level of 25 service to fall below an acceptable level. If they want to JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 /0"''1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ( "�N 25 28 go out and pay for a traffic study, they might be able to show that the approximately 30 trips a day -- MR. TARACKA: Seventy-two trips a day. (More than one person speaking at once.) MS. SETTLES: It's 9.5 trips per -- MS. CARTWRIGHT: What about the comp plan? Isn't that a basis for your decision? It was the comp plan. The comp plan says this is not a collector road. MS. SETTLES: It doesn't show it as a collector road. That's why they're getting the special use permit. MR. FRAME: It seems to me, I read a report totally unrelated to this that Martha Kimball (phonetic) did in connection with Wave Street that talked about the traffic levels there. Based on what I recall her discussing with me, Wave Street was doing something like that at least right now about a thousand trips a day. Let me rephrase that. Two thousand; about a thousand each way. In other words, to give you an idea, that was identified -- that's a two-lane road and that was identified still as maintaining Level Service A. I may be mistaken, but I don't know what the level of traffic on Wimbrow is, but I can't imagine that it's degraded down below Level of Service C, and I doubt very seriously that 72 trips, to be quite honest with you, is going to degrade Level of Service. MS. SETTLES: It was "C" in 193. JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 f 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 (More than one person speaking at once.) MAYOR BARNES: I think part of the problem is not the amount of traffic but the location being around the corner there where traffic is already plugged up. MR. FRAME: I guess what I'm trying to say, I don't think I'd want to encourage people to go out and incur a big expense on a traffic engineer until at least they've got some general information about what is the current Level of Service as best as anybody knows and what would it take -- if it was close -- if it was close then you could you encourage. You might be able to say, This is something you might want to look at. I would want to be careful telling people to go out and spend a lot of money pursuing something that at face value might not even be there. That can get awful expensive when you go hire a private traffic engineer -- MS. SETTLES: You may want to put folks on the positive and come up with conditions like buffering and right turn only. MS. CARTWRIGHT: I think that the code puts a lot of conditions on a child care center as far as buffering. MS. SETTLES: The people that know that and I don't think it came out at the hearing. MS. CARTWRIGHT: But the code is really strict on child care centers as far as one-way in, one-way out. MS. SETTLES: I'm just trying to figure out a way JR REPORTING ASSOCIATES, INC. (561) 567-9886 30 1 that you can meet the public's perception and needs. That's 2 really important. There are a lot of people there. If you 3 give them another hearing and you talk about all these things 4 so that the -- 5 MR. FRAME: Wasn't one of the problems, I don't 6 recall the guy having a very detailed site plan or anything. 7 MS. SETTLES: Yeah, before P and Z that was a 8 problem. 9 MR. FRAME: We had one fellow there, for example, 10 that talked about that I guess he backed up to the property 11 and that he worked during the nights and would sleep during 12 the day. If there was a site plan that showed how he could 13 buffer the noise down, might address -- I don't know that it 14 will but what I'm saying is, one thing is for sure: There 15 wasn't a whole lot of information necessarily there for you 16 to draw a conclusion whether it was sufficient or 17 insufficient as it related to his particular complaint 18 because the property is pretty long along Wimbrow there. 19 Depending on where they put these uses and how they buffer 20 them, you might address this. 21 On the other hand, like I say, it might be 22 something that nothing would appease the objection and no 23 matter what was to be done it wouldn't make any difference 24 from an individual's perspective. �1 25 MAYOR BARNES: Based on what I'm hearing, I would JR REPORTING ASSOCIATES, INC. (561) 567-9886 rooll-� !woll1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 be quite content to have a de novo hearing. If you want to designate someone, I would be quite content to talk to neighbors since I know most of them. MS. SETTLES: Another thing I've seen done is have a workshop done on the project, if they would consent to that, have them come in and bring more information and I don't know if they have a sketch or what ever. MS. CARTWRIGHT: If this is a quasi hearing -- MS. SETTLES: I know. But you could still have a workshop. The developer can with the public. That's why I said if they -- MR. TARACKA: That might save a lot of problems. MS. SULLIVAN: I still think the Mayor should meet with -- MAYOR BARNES: I can meet with them and tell them their options. MS. SETTLES: Yeah, just be careful not to be real cite specific. Just tell them, you know, in general these are the kinds of things you have to do. MAYOR BARNES: Yes, I'd be more than happy to do that if everyone agrees and I can get back to you to see whether they want a workshop with the developer or whether they just want to have another hearing. Their opinions count on that. MS. CARTWRIGHT: What about the part of our JR REPORTING ASSOCIATES, INC. (561) 567-9886 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 situation where he doesn't have to provide us? He could do it voluntary, you know, some type of drawing that -- MS. SETTLES: But if he's smart and wants to have goodwill in the neighborhood, he would do something like that. MS. CARTWRIGHT: You would think -- MS. SETTLES: Yeah. MAYOR BARNES: I suppose if I met with them -- MS. SETTLES: You better wait until I see if the attorney will accept having a new hearing. I'll let you know. I'll call you and let you know. MS. CARTWRIGHT: In the meantime we can't talk about any of this to anybody, no residents, no anybody. MAYOR BARNES: No. MR. PAUL: Then you'd let us know when you're going to start talking or when it would be cool to talk to residents or what ever? I mean all of us -- MS. CARTWRIGHT: I have to tell you, I'm not sure I like that idea. I have to think about it. It seems to me we're crossing a fine line here. And even though it's legal, I just am very uncomfortable doing that before a quasi hearing. Anything you say can be misconstrued by the residents, you know, and then they can turn around and say to you, Well, gee, Mr. Barnes, you said if I said this, you know, we would have this and -- JR REPORTING ASSOCIATES, INC. (561) 567-9886 I~1 9i a �a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 MS. SETTLES: I agree that Louise -- that you really, really have to be careful. MS. CARTWRIGHT: It's just the fine line that you're putting yourself in and I'm not sure any of -- MS. SETTLES: Also, the public has got to find out some how because you all get up there and there's a project you don't like but you don't have any reason to deny it and you have to deny it, they're going to sit there -- MS. CARTWRIGHT: Maybe we could be more informative at the hearing. MS. SULLIVAN: I'd rather see the Mayor meet with the people. MAYOR BARNES: I don't have a problem with that. (More than one person speaking at once.) MS. SETTLES: I think we need just one of you, you know, I don't mean all of you going around and telling them you have to do this and that and the other. Just say -- MS. SULLIVAN: I would rather designate the Mayor. He's the leader of the community. MS. SETTLES: I wouldn't even make it specific to this because there are other applications. People are out there every week or every other week -- MAYOR BARNES: The problem I see is, people are not attune to providing expert witnesses in a case like this. MS. SETTLES: They're not. JR REPORTING ASSOCIATES, INC. (561) 567-9886 34 1 MAYOR BARNES: If the point comes where every damn 2 time we're having a contentious case, people have to go out 3 and get expert witnesses, then they should be aware that 4 that's the situation. 5 MS. SETTLES: Another option if you want to do 6 it -- it would be kind of weird for me to hold a workshop, 7 but there are attorneys that their whole area is public 8 interest law and the only people they represent is neighbor 9 groups and environmental groups and things like that. I 10 could try to get someone to come and have a forum. 11 MS. CARTWRIGHT: I think having a really good 12 workshop on quasi hearings and educating -- 13 MS. SETTLES: Unfortunately I can't find the 14 time -- 15 MAYOR BARNES: I thought it was scheduled for the 16 29th. 17 MS. SETTLES: It is, but that's so far away. We're 18 not supposed to be talking about this hearing. 19 (More than one person speaking at once.) 20 MAYOR BARNES: That will help us. I don't think 21 it's going to help the public because they probably wouldn't 22 come. 23 MS. CARTWRIGHT: I think it would help the public 24 even if it's recorded properly. I really do. Because they 25 need to know what position we're in, and I think that's JR REPORTING ASSOCIATES, INC. (561) 567-9886 1''a*1 (10� 35 1 something 2 MS. SULLIVAN: That puts it on an official basis 3 and separates the board from the public, and I think that's a 4 bad way to go. 5 MS. CARTWRIGHT: That's what quasis do. 6 (More than one person speaking at once.) 7 MS. SULLIVAN: If we don't have to follow that, why 8 should the Mayor be put in that position? 9 MS. CARTWRIGHT: The quasi judicial hearing 10 process, the legislature has put us in that position. Up 11 until recently -- 12 MS. SULLIVAN: He has an option to do something and 13 now maybe that's the way he should do it. 14 MAYOR BARNES: My thought, I think the neighbors 15 deserve some kind of at least personal contact. Here's the 16 story and here's what you want to do, do it. And if you 17 don't, too bad. 18 I have no problem explaining our position that we 19 have to have either expert or competent testimony. 20 MR. PAUL: I have to -- 21 MAYOR BARNES: They're going to have to provide it. 22 MR. PAUL: I can say I'm not disputing one hundred 23 percent, but I can see where it would be a very precarious 24 position for you. 25 MAYOR BARNES: I'll accept that. JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 MR. PAUL: I understand that. But the workshop idea, as far as the fact of the developer coming and explaining to the people -- MAYOR BARNES: That might be what they want to do, but they don't know now that they can do that is what I'm saying. MR. FRAME: Can I ask a question concerning "workshop"? We're talking about a workshop that's outside the government. MS. SETTLES: That was probably the wrong adjective. MR. FRAME: Would be a meeting between the developer and any public interest groups that would like to discuss it with him outside the arena of government. MR. PAUL: Right. That would be provided by just giving room up here at the at the council chambers to -- MAYOR BARNES: They could have it in the backyard if they want to. MS. CARTWRIGHT: I don't think -- I think maybe they can do it at the library or a public meeting room, not a government -- MAYOR BARNES: How about at the site? MR. FRAME: There might be value. I mean, if I were the developer and I was trying to sell a concept like that and I thought that my site sold my pitch, it might be a JR REPORTING ASSOCIATES, INC. (561) 567-9886 (110 1 37 1 good place to hold it. Obviously it's his choice if he wants 2 to do it and where he wants to hold it, if he wants to do it 3 at all. But I just wanted to make sure it wasn't our role to 4 facilitate that particular meeting. 5 MR. PAUL: I don't know if this is correct, 6 incorrect or not, so please stop me or what ever. But the 7 fact that you have a church across the street providing 8 similar facilities pro or con for discussion on road surface 9 and everything else, I don't know. 10 MS. SETTLES: Not about the roads but certainly if 11 there was too much day care, if there was already adequate 12 day care and they could show it and they could say how many 13 day care facilities there are and how we've got enough 14 already, that would be evidence that you don't need it, that 15 there's not a need for it. 16 MR. PAUL: If they're still doing it. I don't even 17 know if they're doing it. But at one time I know that during 18 campaigning there was activity of some sort, but I don't know 19 what it was. 20 MS. SETTLES: On the other side, it would also show 21 that it was consistent with the neighborhood. That could go 22 both ways. 23 24 1 25 MAYOR BARNES: I don't recall that being too much. I never noticed it going back and forth. I know the one on Delaware, you know, by 512 does have a child care. It's JR REPORTING ASSOCIATES, INC. (561) 567-9886 I'o**N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 right off 512. Hang a left on -- or a right where ever you're coming from. Delaware only goes one way. MS. SETTLES: One of the cases here is a resident plan of adult congregate living facility and the neighbors opposed it because of traffic and they denied the permit and the Court overturned it. That's almost the identical same thing. But anyway, I think that that would be the best thing to do is we all agree and I'll let you all know. MAYOR BARNES: I'll wait to hear from you. MS. SETTLES: We can announce it at a public meeting. MS. CARTWRIGHT: -- for this to be reheard, one of you three have to put it on the agenda so it has to come up on an agenda. MS. SULLIVAN: But the first meeting has to be with the Mayor and the residents. MS. SETTLES: I think we have to do the public thing first. MS. CARTWRIGHT: We have to do the public thing first, that we're going to rehear it and set the date for the rehearing. We have to agree publicly to rehear it. MAYOR BARNES: That's fine. MS. SETTLES: As soon as I hear from the attorney. MS. SULLIVAN: Then we have to have the advice of JR REPORTING ASSOCIATES, INC. (561) 567-9886 �Q 140%\ elo"N, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 the attorney advising us that at that point you can speak publicly. MS. SETTLES: Yes. MAYOR BARNES: Okay. Everyone happy? MR. PAUL: Question before you close this and I don't know if we can address this either -- MS. CARTWRIGHT: You can close the attorney/client session. MR. PAUL: Will that affect the question about cases? MS. SETTLES: Well, we're really not supposed to discuss other cases besides this one. MR. PAUL: That's why I'm asking. I'm just trying to figure out where we're at. MAYOR BARNES: Close the client/attorney meeting and open the public session and adjourn. (The proceedings concluded at 7:20 p.m.) JR REPORTING ASSOCIATES, INC. (561) 567-9886 /100� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) I, Amy J. Kost, Court Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this IA#t day of July, 1997. AMY I KOST e MY C0mMi3SIaiV A CC 614371 = _ EXPIRES: March ,2.200, •. oil BMW 7hru Hatay Ptft ur&nwbm &u, 6• Kij& Amy Ja K8st JR Reporting Associates, Inc. 2345 14th Avenue, Suite 10 Vero Beach, Florida 32960 JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 Amy J. Kost JR REPORTING ASSOCIATES, INC. (407)729-9886 (407)567-9886 1101 W. Hibiscus Blvd. 2345 14th Avenue Suite 205 Suite 10 Melbourne, FL 32901 Vero Beach, FL 32960 r"� 1 2 3 4 5 6 RE: 7 8 9 10 11 12 ._._.( CITY COUNCIL CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA ATTORNEY/CLIENT SESSION The Sebastian City Council will conduct an Attorney -Client Session pursuant to 286.011(8)FS on Tuesday, July 1, 1997, at 6:30 p.m., or as soon thereafter, in the City Manager's Conference Room, City Hall, 1225 Main Street, Sebastian, Florida. The purpose of the Attorney -Client Session is to meet in private with the City's Attorney to discuss pending litigation to which the City is presently a party before a court. The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. July 1, 1997 13 Transcript of proceedings before the Sebastian City 14 Council Attorney/Client Session, held at Sebastian City Hall, 15 1225 Main Street, Sebastian, Florida, commencing at 6:30 16 p.m., on the day and date above set forth. 17 18 APPEARANCES: 19 Walter Barnes, 20 Richard Taracka, 21 Thomas Frame, 22 Valerie Settles, 23 Louise Cartwright, 24 Larry Paul, 25 Ruth Sullivan, Mayor Vice Mayor City Manager City Attorney Councilmember Councilmember Councilmember JR REPORTING ASSOCIATES, INC. (561) 567-9886 2 1 (Thereupon, the proceedings commenced on July 1, 2 1997 at 6:30 p.m., at the Sebastian City Hall meeting room 3 as follows:) 4 MAYOR BARNES: Public session of the 5 attorney/client meeting July the 1st, 1997, 6:30 p.m. This 6 is the attorney/client session pursuant to Chapter 286, 7 Florida Statutes. The session will last approximately one 8 hour. 9 The names of the persons are Louise Cartwright, 10 Richard Taracka, Thomas Frame, Valerie Settles, Ruth 11 Sullivan, Walter Barnes and Larry Paul. 12 I will now close the public session and the 13 client/attorney session will begin. 14 MS. SETTLES: We're here today to discuss the 15 Libertino (phonetic) lawsuit. This, as you recall, is a day 16 care center that had applied for a special use permit to 17 operate a day care facility. And the reason they had to 18 apply for the special use permit was because the 19 comprehensive plan does not show a street that they want to 20 place it on as a collector because it states it has to be on 21 a collector road. Even though the code shows it's a 22 collector road, the comprehensive plan does not. 23 The applicants have filed a petition for writ of 24 certiorari. What this is, is that they're asking the circuit /wmw`� 25 court to review the action of local government to see if JR REPORTING ASSOCIATES, INC. (561) 567-9886 3 1 you've abused your discretion. And the standard review will 2 be whether or not you had substantial competent evidence to 3 deny the application for a special use permit. 4 We're here today to discuss the strategy in 5 relation to this litigation. And in connection with that, I 6 just wanted to talk to you a little bit about the standards 7 for review on a quasi judicial matter. What the courts have 8 said is that your decision must be based on substantial 9 competent evidence. I'm going to have a workshop on quasi 10 judicial and discuss that in more detail, and I really can't 11 go into it too much here; but for purposes of this 12 litigation, I've given you about four or five cases where the 13 courts consider what is and what is not substantial competent 14 evidence and in particular where they're talking about 15 citizen testimony as opposed to any kind of expert testimony. 16 The first one if you look, there's the Citv of 17 Apopka case. This is the one that courts usually state or 18 cite, rather. It is like the grandfather of all 19 neighborhood -- neighboring kind of cases. If you look at 20 Page 3 where the Court's talking about what you need in order 21 to determine if there's substantial competent evidence -- 22 MAYOR BARNES: Like the fourth paragraph down 23 there? 24 MS. SETTLES: Yeah. Then the next paragraph, it (*w'b'N 25 talks about the kind of evidence that they received from the JR REPORTING ASSOCIATES, INC. (561) 567-9886 4 1 neighboring property owners. If you read the very last 14� 2 paragraph, it says, "Although notice to and hearing of the 3 proponents and opponents of an application for a special 4 exception or other zoning are essential and all interested 5 parties should be given a full and fair opportunity to 6 express their views, it was not the function of the Board of 7 County Commissioners to hold a plebiscite" -- I think that's 8 the way you pronounce that -- "on the application for the 9 special exception." 10 MS. SULLIVAN: What does that mean? 11 MS. SETTLES: What it means is that the function of 12 a zoning hearing is not to have everybody come in and say how 13 much they hate the project. You're there to see if the 14 project complies with your codes and meets what are standards 15 that your code sets up. 16 If you go down, they're citing another court in 17 that next paragraph, but this case gets cited so much and 18 this is the main thing that the courts usually cite. 19 "Public notice of the hearing of an application for 20 exception . . . is not given for the purpose of polling the 21 neighborhood on the question involved, but to give interested 22 persons an opportunity to present facts from which the board 23 may determine whether the particular provision of the 24 ordinance, as applied to the applicant's property, is 25 reasonably necessary for the protection of . . . public JR REPORTING ASSOCIATES, INC. (561) 567-9886 5 1 health . . . The board should base their determination upon 2 facts which they find to have been established, instead of 3 upon the wishes of persons who appear for or against the 4 granting of the application." 5 And it goes on and on and on. Essentially what the 6 courts are saying and other courts after this -- which we'll 7 get to in a minute -- is that you can't deny an application 8 just because people don't like it. 9 MS. SULLIVAN: Isn't that what they said at the 10 board table? And you said they're not necessarily following it that rule anymore. You talked to me after the meeting. 12 MS. SETTLES: No, you said the opposite. You 13 said -- I'0� 14 MS. SULLIVAN: No, I said in case of them turned 15 now because neighbors come in and say they don't want 16 something -- 17 MS. SETTLES: No, that's not what I said. If I 18 said that, I'm sorry. I -- 19 MS. SULLIVAN: You said the law has been changed so 20 that they are listening to other things now. 21 MS. SETTLES: What I meant to say, if I didn't say 22 it, was in previous times the standard of review for zone 23 change was that it was not quasi judicial as much 24 legislative. And so there was a different standard when PO"ON 25 courts would review it. And After the Snvder case, the JR REPORTING ASSOCIATES, INC. (561) 567-9886 M 1 standard changed from fairly debatable substantial competent 2 evidence. So now courts are more strict and they give 3 matters more strict scrutiny and more and more local 4 government decisions are getting overturned than in the past. 5 Before when the standard was different, what is fairly 6 debatable -- 7 MS. SULLIVAN: I think that's the point I was 8 making with you originally because I was concerned because 9 from my previous experience we found that just because 10 neighbors don't want something, you can't base it on that. 11 You have to base it on something else. 12 MS. SETTLES: Right. 13 MAYOR BARNES: Why isn't the fact that this does 14 not fall into the comprehensive plan definition of a -- 15 MR. TARACKA: Major collector road. 16 MAYOR BARNES: -- major collector road? 17 MS. SETTLES: That's why they apply for the special 18 use permit. 19 MS. SULLIVAN: So the special use permit then is a 20 way to get around it. 21 MS. SETTLES: That's what the special use -- 22 special sessions commission uses a special use permit if 23 something is not specifically provided for, you can allow it 24 any way. That is the whole -- !&� 25 MAYOR BARNES: But if you get to decide that the JR REPORTING ASSOCIATES, INC. (561) 567-9886 f""'\ 7 1 land development code is the way we want it, why isn't that 2 enough? The land development code, the way it's structured 3 naming this as not a collector street. 4 MS. SETTLES: The land development code says it is. 5 The comprehensive plan -- 6 MAYOR BARNES: Comprehensive plan, yeah. 7 MS. SETTLES: Well, to deny -- under our code, to 8 deny a special use permit, you have to find that it's going 9 to be detrimental to the public health, safety and welfare. 10 That's the standard in the code for denying the special use it permit. 12 In order to find that, your decision has to be 13 based on substantial competent evidence. 14 MS. SULLIVAN: We have to call in experts to verify 15 our position -- 16 MS. SETTLES: If we can get -- it's not your 17 position. It's the public -- that if the public feels that 18 something is going to be detrimental to the public health, 19 safety and welfare, they're either going to have to go get an 20 expert witness or give expert testimony or what many 21 neighborhood groups do is hire attorneys. 22 A couple of the cases -- so I could give you a more 23 round picture, I gave you a couple cases where the courts 24 have upheld public testimony and they said it was 25 substantial, competent evidence. JR REPORTING ASSOCIATES, INC. (561) 567-9886 P.*, 1 MS. CARTWRIGHT: Isn't the interpretation and � 2 recommendation by our staff members considered the expert 3 testimony that we rely on? 4 MS. SETTLES: Not necessarily. 5 MS. CARTWRIGHT: We have to rely on their 6 interpretation of the code? 7 MS. SETTLES: Okay. Let's just say theoretically 8 in this particular case you had a staff recommendation for 9 approval; let's say theoretically the neighbors went out and 10 hired a traffic expert and they showed that the day care 11 center was going to generate 60 additional trips and that the 12 level of service on Wimbrow was "C," and it was going to 13 bring it down to "D" and that was the witness that they came 14 in and paid for, I mean, you can base your denial on that. 15 The Staff isn't necessarily the basis for your decision. 16 MS. CARTWRIGHT: Yeah, but going into it, it's 17 Staff's interpretation of the code up until that point 18 because that's the only testimony we've read. 19 MS. SETTLES: Up until hearing, yeah, I guess you 20 can put it that way, yes. 21 MR. TARACKA: Question, Valerie. Why -- and maybe 22 you be can't answer this. I'm not sure. Why would they want 23 a day care center on a major collector road? 24 MS. SETTLES: Why would they want it? 25 MR. TARACKA: Yeah, because that's what your JR REPORTING ASSOCIATES, INC. (561) 567-9886 fd� eo*" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E comprehensive plan is saying and based on the major collector, it is the four -lane highway and -- MS. SETTLES: Well, I think what happened is the code lists South Wimbrow as a major collector and the comprehensive plan doesn't. MR. TARACKA: We have to fall back on the comprehensive plan. That is the one we go by. MS. CARTWRIGHT: But the code says a day care center can only be on a major collector. It's not that they want it there. The code places it there. MR. TARACKA: We have to go by the comprehensive plan. At least that's the way I felt at that point. You fall back to the comprehensive plan. That's the catch-all that you use. MS. CARTWRIGHT: But the LDC places day cares only on major collectors. That's the only place it's allowed as a conditional use. MR. TARACKA: Right. MS. CARTWRIGHT: That's not that they want it there -- MR. TARACKA: I know that. I understand that. MAYOR BARNES: Does anybody have a copy of the resolution for the denial? What is the process of the appellate court? I was under the impression if they just took what was already written and reviewed that -- JR REPORTING ASSOCIATES, INC. (561) 567-9886 140*16) �1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 MS. SETTLES: They review the record. MAYOR BARNES: So what is our option? What can we do? MS. SETTLES: What I would recommend is that we give them a de novo hearing and we try to establish a better basis for what ever decision you want to make. MS. SULLIVAN: Give who? MS. CARTWRIGHT: You mean take it out of the court of appeal? MS. SETTLES: Yeah, and bring it back and give them a de novo hearing. MS. CARTWRIGHT: What happens if it stays in the appeals court? Like Mr. Barnes said, what's the process? MS. SETTLES: That's what I was getting to. You have -- the Court issues a motion to show cause and we respond and we have an oral argument and then the Court decides and -- you know, we're going to go through the cases so I could give you an idea what the courts do on a petition for writ of certiorari. And the next one that I have in the packet, it's Debes v. The Citv of Kev West. This is one I was involved with the City of Key West. This is kind of interesting. The staff proposed a change to the comprehensive plan to change this piece of property from residential to commercial, and the city overruled their own staff and denied the application JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 /0014� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 f 25 11 and went to the Court for petition of writ of certiorari. The Court ordered the city commission to overturn its decision, give them a new hearing and return its decision and the city refused again. It went back again the second time. That's this opinion I have right here. The city had denied it based upon the fact that a commercial use is going to create more traffic than a non-commercial use. And the court said -- it's at the bottom of Page 8 -- "Because it is virtually self-evident that, by its very nature, all commercial uses create 'more traffic' than non-commercial uses, is it equally obvious that local government cannot justify a denial of a particular commercial use on this ground. "To hold otherwise would mean, as it apparently did in the proceedings before the Commission, that the protectable rights of any owner may be arbitrarily destroyed. This is not, and we will not let it be, the law." Any way, the Court's saying there was basically -- just because something is going to have an additional impact on the road system, that's not substantial competent evidence for denying it. You have to show that -- in the law of Florida, you have to show each road has certain levels of service. You have to show that the use is going to burden the level of service so that it's going to fall down to an unacceptable level. If you show that, you cannot grant any JR REPORTING ASSOCIATES, INC. (561) 567-9886 12 1 more permits in that area until the road is brought up to the 2 level of service, which would mean you would have to create a 3 moratorium. 4 MAYOR BARNES: On any construction? 5 MS. SETTLES: Yeah. If you show that the level of 6 service is going to fall below the level, that's the law that 7 you have to have a moratorium until something is done about 8 it. That's what concurrency is all about. 9 But there is recognition in the courts, you know, 10 that testimony from neighbors can be substantial competent 11 evidence. 12 This one case, The Citv of St. Petersbura case I 13 have is one instance where the Court said, ". there was 14 legitimate criticism that the size of most of the proposed 15 units was much smaller than any of the apartments and 16 condominiums in the immediately surrounding area. The 17 observation that there was already a high rate of vacancy in 18 nearby rental units was also relevant to the extent that it 19 reflected a concern that the new development might suffer 20 from the same problem and thereby adversely affect land 21 values in the neighborhood." 22 "Another valid reason expressed was that the small 23 wood frame module apartments that Cardinal intended to erect 24 were incompatible in style with any other buildings in the 25 area. " JR REPORTING ASSOCIATES, INC. (561) 567-9886 /0 , /10� 13 1 MS. SULLIVAN: What page? 2 MS. SETTLES: It's on Page 18. It's the St. 3 Petersbura case. There is recognition that public testimony 4 can serve as a basis for substantial competent evidence. 5 Likewise, in the last case which is The Fort Lauderdale case 6 where the applicant had presented a lot of evidence 7 concerning -- it was a waste disposal facility and the 8 neighbors basically had this one person who was a 9 veterinarian who gave some technical testimony and the Court 10 said that basically that was enough, that the issue wasn't 11 the amount of evidence; it was whether there was any 12 competent substantial evidence. 13 So I try to give you a good picture of cases both 14 ways, but basically the public has to learn that it has to 15 get organized and form associations and hire public 16 interest -type lawyers which there are around that do this 17 kind of thing and become more active and become active in the 18 comprehensive planning process as well because that's what 19 the law is. 20 21 22 23 24 /0"4� 25 But my recommendation to you to give them a de novo hearing would be twofold: First of all, to eliminate the need to go through the circuit court proceeding and then also to, you know, give a time for both sides, you know, if the public -- if they wanted to to get their act together and present something more concrete to you. JR REPORTING ASSOCIATES, INC. (561) 567-9886 loot" \ 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 MAYOR BARNES: That would be, I take it, a public hearing with due notice and what have you? MS. SETTLES: Uh-huh. MS. CARTWRIGHT: On Page 5 the first case, it said, "The judgment appealed from is therefore reversed and remanded the circuit court . . ." et cetera, et cetera "and to remand the cause to the board of county commissioners for another de novo hearing on the application . . ." So they're pretty much telling the commissioners that they have to have another hearing and approve? MS. SETTLES: Unless they come up with some other evidence. MS. CARTWRIGHT: So they're just putting it back to square one -- MS. SETTLES: Right. MS. CARTWRIGHT: Okay. MS. SETTLES: No, but they are telling them if they don't comply with the standards that the judges laid out, that it's going to be thrown back again, which is what happened in that Key West case. They refused -- after the judge sent it back, they refused again to grant the application. MR. FRAME: It seems to me that the real test here is difficult to deal with. I mean, I come up and I present -- "I" being anybody -- I present testimony, and JR REPORTING ASSOCIATES, INC. (561) 567-9886 A 15 1 somebody else comes up and presents testimony and somebody 2 else comes up, presents testimony, the decision that you have 3 to weigh is whether my testimony was competent evidence. 4 In other words, if I just came up and said, I don't 5 like it because I don't like it, that's not competent 6 evidence. I come up and say, I don't like it because the 7 street is going to be too busy. 8 It may or may not be competent evidence. Depends 9 on what level of testimony I gave relative to that; it some 10 what calls for a judgment decision or some how the council it will wade through that and make your decision predicated on 12 what you assume or believe to be competent evidence. 13 So who advises the council as to the determination 14 if it's a collective -- it's got to be a collective decision 15 of council in their collective judgments that it's competent 16 evidence. Now, it may end up being that you were wrong. 17 There's nothing that I can think of -- there's no whistle or 18 bell that necessarily goes off and says it's either right or 19 it's wrong. 20 Hopefully there's some conclusion being argued that 21 helps support the position being advocated, whether it's 22 against or for. So the real tough part is, I guess looking 23 for those things that support a position as being supported 24 by competent evidence. 25 I guess, Valerie, the question is to be what JR REPORTING ASSOCIATES, INC. (561) 567-9886 em*\ 16 1 process is there other than just collective wisdom -- 2 MS. SETTLES: Well if the courts give you something 3 a little vague, and say something like reasonable basis for 4 your decision. 5 MS. CARTWRIGHT: It also could be the occupation of 6 the person testifying and the expertise of the expert. 7 MS. SETTLES: I thought -- 8 MS. SULLIVAN: That was in the case in Fort 9 Lauderdale. 10 MS. SETTLES: I thought he meant from -- just from 11 the neighbors -- 12 MS. CARTWRIGHT: On public opinion, yeah. 13 MS. SULLIVAN: But they're talking about expert 14 witnesses and immediately comes to mind the professional in 15 some field that comes and says -- 16 MS. SETTLES: Or if you're dealing with something, 17 you know, that's not aesthetic, let's just say, and the 18 neighbors go, you know, that's not going to fit in with the 19 rest of the architecture of the city or something like that, 20 that's something that any person by observing could see that, 21 so that would be competent substantial evidence even if -- 22 MS. SULLIVAN: They're not an expert witness? 23 MS. SETTLES: Right. Something like that would 24 be -- 25 MAYOR BARNES: I recall this case whether it's JR REPORTING ASSOCIATES, INC. (561) 567-9886 /0001\: 17 1 competent or what ever, there's quite a bit of testimony 2 about the possibilities or probabilities of increase in 3 traffic in the area. 4 For instance, Adams' project there that will cut 5 through Easy Street to South Wimbrow was mentioned, I know. 6 The growth in the area was mentioned. All that put 7 together -- and I don't have the transcript. Whether that's 8 sufficient, I don't know. 9 MS. SETTLES: The thing is, you can't deny a use 10 because -- merely because it's going to increase traffic. 11 You have to show that the increase in the traffic is going to 12 bring the road to an unacceptable level of service. 13 MS. SULLIVAN: And threatening the health, safety 14 and welfare of the area. 15 MS. SETTLES: Right. 16 MR. FRAME: Let me ask a question just to be 17 argumentative for a second on this issue. 18 MS. SETTLES: Uh-huh. 19 MR. FRAME: The comp plan, as I recall, did not 20 identify South Wimbrow as being a collective road and that 21 was the beginning of the problem, hence requiring this 22 particular hearing. 23 As I understand, the development code identifies it 24 as a collector but the comp plan didn't. Now typically in 25 your comprehensive plan, typically the only roads you JR REPORTING ASSOCIATES, INC. (561) 567-9886 W 1 normally identify in terms of level of service are your 2 collector road system. Those are the ones -- at least in the 3 comp plans I've been involved with -- where the collector 4 roads, local streets, we didn't establish level of service on 5 those streets. 6 MS. SETTLES: Can I interrupt you and tell you what 7 happened? What happened was, the city did a traffic study in 8 1993 that showed the level of service of South Wimbrow as 9 Level of Service C, and it showed it as "C" through the year 10 2013 based upon the proposed development. It's identified as 11 a collector in our code and a traffic study was done back in 12 '93. 13 MR. FRAME: So it did identify a level of service? 14 MS. SETTLES: Yeah. What happened was -- what I'm 15 told happened is from West Soland (phonetic) when the comp 16 plan too the Indian River County designation for collector 17 roads -- and that's what he used for some reason. That's why 18 the ones in the code didn't show up in the comp plan. 19 But, yeah, we have a traffic study that includes 20 South Wimbrow with all of the proposed development at the 21 time. 22 MR. FRAME: I guess the question is, though, What 23 is the adopted level of service from South Wimbrow? In other 24 words, the decision to set your level of service is a local 25 decision. You could choose to set level of service on all JR REPORTING ASSOCIATES, INC. (561) 567-9886 �1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 your collector roads at Level Service A. I don't think you could afford that because that meant every time it got any amount of traffic you'd have to expand the road, keep it Level of Service A too. Most communities -- in fact, I can't think of any communities that can afford to maintain that level of service. Typically what you try to shoot for is Level of Service C if you can and -- MS. SETTLES: Chapter 163, too. You can't go below tic , it MR. FRAME: Well, you can go to "D" in some cases because we have "D's" in some cases. Where you really get into trouble is when you get to Level of Service F. But my point is, it showed what the level of service was. Was there an adopted level of service -- MS. SETTLES: I don't know. MS. CARTWRIGHT: City council adopted the transportation plan in 1993. MS. SETTLES: You're right. That's city's transportation plan. MS. CARTWRIGHT: It's adopted. MR. FRAME: It set a level of service. I mean, there isn't an identified level of service for Wimbrow so you -- MS. CARTWRIGHT: In fact, we have -- since I've been on city council, that section has been given to us as JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 /00''1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 part of our approval or disapproval of other items that section in O.C. -- what ever it was called. MR. FRAME: I'm just trying to figure out what level of service was adopted because if you're going to determine that the additional traffic is going to reduce the level down, it would have to be compared only to an adopted level. Any other level is pure assumption as to what the proper legal ought to be unless it's adopted. MS. CARTWRIGHT: Staff does their staff report on any land use thing that they bring before us. They always refer to that. They usually -- I haven't seen one where they haven't referred to that transition. MR. TARACKA: Does the level of service dictate the type of collector? In other words, major collector verses minor collector? MS. SETTLES: I don't think so. I think that's 17 lanes, isn't it? 18 19 20 21 22 23 24 25 MR. FRAME: Not typically. It deals with lanes and volumes of traffic. That's what level of service relate to. It's complicated. I mean, for instance, if you said you come to a traffic light -- as an example, usually if you cycle through the light and can't get through that traffic light before it recycles to a red light again, as just an analogy, we were always told that's a pretty good example from any where from D to F Level of Service when you find traffic JR REPORTING ASSOCIATES, INC. (561) 567-9886 21 1 backed up so much that you can't get through it in a single /saw� 2 cycle. 3 On a two-lane road, it's all based on typically 4 volume of traffic. The road is designed to carry so many 5 trips per what ever period of hour they're measuring it. It 6 relates to -- you've got peak hour, you've got peak season. 7 There's all that terminology and so that establishes a norm. 8 When your traffic loads go up above that, then your 9 level of service begins to decay. And depending on that 10 volume, they'll put traffic counters out and they can 11 actually tell you what that level of service is. I can't 12 tell you what -- it takes a traffic engineer to run the 13 numbers and come out and tell you what it is, but they can 14 tell you if it's Level of Service A, B, C, D or F. 15 That's really the levels that you deal with. In 16 theory, I suppose you could have something worse than "F," 17 but anything in "F" or below stays "F." 18 MR. TARACKA: That's why I asked the question on 19 why the day care center, based on the comp plan, could only 20 be located on a major collector based on the fact that we 21 have minor collectors, but it does have to do with the level 22 of traffic basically. 23 MR. FRAME: The only thing I think that you have to 24 look at is typically -- I guess Barber and some of the others 25 that are identified as collectors are all two lane roads too. JR REPORTING ASSOCIATES, INC. (561) 567-9886 22 1 MS. CARTWRIGHT: They have a definition of a major 2 collector, and that's how it is. 3 MR. FRAME: But the measure -- What I'm saying is 4 the measure -- typically it deals a lot of times with the 5 width of the lanes. If you got 24 -foot wide pavement 6 surface, you've got some standard lane sizes as opposed to 7 something that might be nine- or ten -foot lanes; but a 8 two-lane road is only going to carry so much traffic whether 9 you decide it's a thoroughfare, a collector or what ever it 10 you want to call it. It still has a level of service. 11 Typically your collector road system is a grouping 12 of roads and you can have arterials and collectors and you 13 can have minor, major arterials, minor and major collectors, 14 but the key to that really deals with the volume of traffic 15 for the number of lanes that road has in determining level of 16 service. 17 MS. CARTWRIGHT: What happens now legally? 18 MS. SETTLES: Well, we can agree to go ahead and 19 give them a de novo hearing or it will go to the Judge on the 20 record. 21 MS. CARTWRIGHT: How soon would that happen? Are 22 these pretty quick? 23 MS. SETTLES: I don't know what the docket is like 24 in Vero. e0*11\ 25 MS. CARTWRIGHT: We have to respond in some way. JR REPORTING ASSOCIATES, INC. (561) 567-9886 23 1 That's what I'm asking -- tllo� 2 MS. SETTLES: Thirty days I'm supposed to file a 3 response to this petition. One thing, when you bring it back 4 for a de novo hearing, what you can do is try to come up with 5 some additional restrictions such as buffering and maybe a 6 right turn only so all of the traffic will have to go to 512 7 and you can maybe give the public some assurances by placing 8 conditions. Maybe you can -- certainly you could have 9 meetings. Not all of you but one of you can have a meeting 10 with the public and try to come up with -- get their input 11 and come up with things, conditions, that you can impose on 12 the property without it. 13 MR. TARACKA: Just a "for instance," after talking 14 with people that live out on South Wimbrow, business hours in 15 the morning up until about 9 a.m., and business hours again 16 until 5 p.m., is a real problem with people trying to get in 17 and out of Wimbrow Drive -- South Wimbrow Drive. You could 18 change the hours and, say, start your business after 9 a.m., 19 and -- 20 MS. SETTLES: Or before -- 21 MR. TARACKA: Or before. Okay. 22 MS. CARTWRIGHT: But the other thing to remember is 23 that this is a business and most people go to work. I have 24 to drop off my child before I went to work, so you can't 25 impose -- JR REPORTING ASSOCIATES, INC. (561) 567-9886 look1 r4, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 MS. SETTLES: If they have longer hours, if they opened really early -- MS. CARTWRIGHT: But the other thing is the change coming up real quick on 512; but we're not here to decide that. If you respond that we want the Court -- what is the response? In other words, you say either: A) we're going to hear it -- MS. SETTLES: No, that is not the response. The attorney's response should be trying to uphold the decision of the local government. Quite frankly, I'm at a real loss to be able to say that you have competent substantial evidence. MR. PAUL: What happens if you take and you rehear it and the same decision comes up again? At that point then does applicant have to continue doing the same thing they did -- MS. SETTLES: Well, they'll appeal again and hopefully I'll have something to defend. If you decide to deny it right now, I don't. MS. CARTWRIGHT: If they have to appeal again, I'm sure this has got to cost something to send these people to court. And now you're saying they won't get any of that. I don't know the cost, honestly. I don't know. But I assume it cost something to hire a lawyer and go to an appeal JR REPORTING ASSOCIATES, INC. (561) 567-9886 /00, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 situation. MS. SETTLES: Right. But also they don't have that great a record. They didn't have a court reporter there. I'm not going to agree with this written thing that they have. I would agree to some kind of a summary, but I'm not agreeing to this thing that they had some secretary transcribe from a tape. MS. CARTWRIGHT: No, that's not my question. MS. SETTLES: But their incentive -- what their incentive said is they would have a better record and they would have an attorney there, they would have a court reporter there and they would have a much better record to appeal. MS. CARTWRIGHT: Right, but then they'd have to start the process all over again or does it put it in limbo? MS. SETTLES: No, this would be an agreement between us and them to rehear it. MR. FRAME: Is it conceivable in some cases the Judge might -- without us agreeing to that might -- throw it back for a second hearing any way? MS. SETTLES: Yeah. MR. FRAME: I've seen cases that I've seen where the Judge sent it back for another hearing before he was willing to -- but we don't know that he'll do that either. He might go ahead and make a determination on the case. JR REPORTING ASSOCIATES, INC. (561) 567-9886 ro".-\ W f� 26 1 MS. SETTLES: No, they usually send it back. 2 They'll make a determination on the record and then they'll 3 send it back. I mean, they'll say, You've abused your 4 discretion; you didn't have substantial competent evidence. 5 And then he'll send it back for rehearing. That's what he'll 6 do. 7 MS. SULLIVAN: Well, then if that's possible that 8 would happen, then we need to hear it ourselves without going 9 into court. 10 MS. SETTLES: That's what I think. To tell you the 11 truth, I don't even know how I could defend this. 12 MS. SULLIVAN: Then see what the people in the area 13 come up with. 14 MS. CARTWRIGHT: If we're advising them on what to 15 come up with, is that fair and impartial? 16 (More than one person speaking at once.) 17 MS. SETTLES: Hold it. Hold it. I didn't mean -- 18 what I meant, under the new Florida legislation you can meet 19 with the home owners concerning a land use application. I 20 just mean, like, it's not a violation of the Sunshine Law or 21 of any Florida statute for one city councilperson, say, to 22 meet with the people and say, Look, you know, you have to 23 come up with some kind of evidence; you have got to hire an 24 attorney or you have got to hire a traffic expert and this is 25 the way the law is in Florida. And then your constituents JR REPORTING ASSOCIATES, INC. (561) 567-9886 27 1 are meeting with them and you're meeting and telling them 2 this. 3 There's certainly nothing wrong with doing 4 something like that. It's not a violation of any provision 5 just to give them some guidance on the kinds of things that 6 they have to look for if they're going to oppose an 7 application. 8 MR. PAUL: But a question, if we've already stated 9 that the traffic -- from what I'm understanding and what I'm 10 hearing -- is not an objection, how could you go ahead and 11 any individual councilperson try to use that, you know, or to 12 inform the public that that could be used as a possible 13 objection? 14 MS. SETTLES: I'm not advocating that. I'm just 15 saying that the people, you know -- 16 MAYOR BARNES: It's a matter of informing people of 17 their rights. 18 MR. PAUL: All I'm trying to figure out is the fact 19 of what I'm hearing here is the fact that we've already got 20 the road -- basically that the road can't be used as an 21 objection. 22 MS. SETTLES: No, that's not what I said. I said 23 in order to use traffic as an objection, you have to show 24 that the project's impact is going to cause the level of (00k� 25 service to fall below an acceptable level. If they want to JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /00`� 25 28 go out and pay for a traffic study, they might be able to show that the approximately 30 trips a day -- MR. TARACKA: Seventy-two trips a day. (More than one person speaking at once.) MS. SETTLES: It's 9.5 trips per -- MS. CARTWRIGHT: What about the comp plan? Isn't that a basis for your decision? It was the comp plan. The comp plan says this is not a collector road. MS. SETTLES: It doesn't show it as a collector road. That's why they're getting the special use permit. MR. FRAME: It seems to me, I read a report totally unrelated to this that Martha Kimball (phonetic) did in connection with Wave Street that talked about the traffic levels there. Based on what I recall her discussing with me, Wave Street was doing something like that at least right now about a thousand trips a day. Let me rephrase that. Two thousand; about a thousand each way. In other words, to give you an idea, that was identified -- that's a two-lane road and that was identified still as maintaining Level Service A. I may be mistaken, but I don't know what the level of traffic on Wimbrow is, but I can't imagine that it's degraded down below Level of Service C, and I doubt very seriously that 72 trips, to be quite honest with you, is going to degrade Level of Service. MS. SETTLES: It was "C" in 193. JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 I*'*� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 /0ft� 25 29 (More than one person speaking at once.) MAYOR BARNES: I think part of the problem is not the amount of traffic but the location being around the corner there where traffic is already plugged up. MR. FRAME: I guess what I'm trying to say, I don't think I'd want to encourage people to go out and incur a big expense on a traffic engineer until at least they've got some general information about what is the current Level of Service as best as anybody knows and what would it take -- if it was close -- if it was close then you could you encourage. You might be able to say, This is something you might want to look at. I would want to be careful telling people to go out and spend a lot of money pursuing something that at face value might not even be there. That can get awful expensive when you go hire a private traffic engineer -- MS. SETTLES: You may want to put folks on the positive and come up with conditions like buffering and right turn only. MS. CARTWRIGHT: I think that the code puts a lot of conditions on a child care center as far as buffering. MS. SETTLES: The people that know that and I don't think it came out at the hearing. MS. CARTWRIGHT: But the code is really strict on child care centers as far as one-way in, one-way out. MS. SETTLES: I'm just trying to figure out a way JR REPORTING ASSOCIATES, INC. (561) 567-9886 30 1 that you can meet the public's perception and needs. That's toow) 2 really important. There are a lot of people there. If you 3 give them another hearing and you talk about all these things 4 so that the -- 5 MR. FRAME: Wasn't one of the problems, I don't 6 recall the guy having a very detailed site plan or anything. 7 MS. SETTLES: Yeah, before P and Z that was a 8 problem. 9 MR. FRAME: We had one fellow there, for example, 10 that talked about that I guess he backed up to the property 11 and that he worked during the nights and would sleep during 12 the day. If there was a site plan that showed how he could 13 buffer the noise down, might address -- I don't know that it 14 will but what I'm saying is, one thing is for sure: There 15 wasn't a whole lot of information necessarily there for you 16 to draw a conclusion whether it was sufficient or 17 insufficient as it related to his particular complaint 18 because the property is pretty long along Wimbrow there. 19 Depending on where they put these uses and how they buffer 20 them, you might address this. 21 on the other hand, like I say, it might be 22 something that nothing would appease the objection and no 23 matter what was to be done it wouldn't make any difference 24 from an individual's perspective. 25 MAYOR BARNES: Based on what I'm hearing, I would JR REPORTING ASSOCIATES, INC. (561) 567-9886 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 be quite content to have a de novo hearing. If you want to designate someone, I would be quite content to talk to neighbors since I know most of them. MS. SETTLES: Another thing I've seen done is have a workshop done on the project, if they would consent to that, have them come in and bring more information and I don't know if they have a sketch or what ever. MS. CARTWRIGHT: If this is a quasi hearing -- MS. SETTLES: I know. But you could still have a workshop. The developer can with the public. That's why I said if they -- MR. TARACKA: That might save a lot of problems. MS. SULLIVAN: I still think the Mayor should meet with -- MAYOR BARNES: I can meet with them and tell them their options. MS. SETTLES: Yeah, just be careful not to be real cite specific. Just tell them, you know, in general these are the kinds of things you have to do. MAYOR BARNES: Yes, I'd be more than happy to do that if everyone agrees and I can get back to you to see whether they want a workshop with the developer or whether they just want to have another hearing. Their opinions count on that. MS. CARTWRIGHT: What about the part of our JR REPORTING ASSOCIATES, INC. (561) 567-9886 140' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 situation where he doesn't have to provide us? He could do it voluntary, you know, some type of drawing that -- MS. SETTLES: But if he's smart and wants to have goodwill in the neighborhood, he would do something like that. MS. CARTWRIGHT: You would think -- MS. SETTLES: Yeah. MAYOR BARNES: I suppose if I met with them -- MS. SETTLES: You better wait until I see if the attorney will accept having a new hearing. I'll let you know. I'll call you and let you know. MS. CARTWRIGHT: In the meantime we can't talk about any of this to anybody, no residents, no anybody. MAYOR BARNES: No. MR. PAUL: Then you'd let us know when you're going to start talking or when it would be cool to talk to residents or what ever? I mean all of us -- MS. CARTWRIGHT: I have to tell you, I'm not sure I like that idea. I have to think about it. It seems to me we're crossing a fine line here. And even though it's legal, I just am very uncomfortable doing that before a quasi hearing. Anything you say can be misconstrued by the residents, you know, and then they can turn around and say to you, Well, gee, Mr. Barnes, you said if I said this, you know, we would have this and -- JR REPORTING ASSOCIATES, INC. (561) 567-9886 �0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 MS. SETTLES: I agree that Louise -- that you really, really have to be careful. MS. CARTWRIGHT: It's just the fine line that you're putting yourself in and I'm not sure any of -- MS. SETTLES: Also, the public has got to find out some how because you all get up there and there's a project you don't like but you don't have any reason to deny it and you have to deny it, they're going to sit there -- MS. CARTWRIGHT: Maybe we could be more informative at the hearing. MS. SULLIVAN: I'd rather see the Mayor meet with the people. MAYOR BARNES: I don't have a problem with that. (More than one person speaking at once.) MS. SETTLES: I think we need just one of you, you know, I don't mean all of you going around and telling them you have to do this and that and the other. Just say -- MS. SULLIVAN: I would rather designate the Mayor. He's the leader of the community. MS. SETTLES: I wouldn't even make it specific to this because there are other applications. People are out there every week or every other week -- MAYOR BARNES: The problem I see is, people are not attune to providing expert witnesses in a case like this. MS. SETTLES: They're not. JR REPORTING ASSOCIATES, INC. (561) 567-9886 1'\ W faM.� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 MAYOR BARNES: If the point comes where every damn time we're having a contentious case, people have to go out and get expert witnesses, then they should be aware that that's the situation. MS. SETTLES: Another option if you want to do it -- it would be kind of weird for me to hold a workshop, but there are attorneys that their whole area is public interest law and the only people they represent is neighbor groups and environmental groups and things like that. I could try to get someone to come and have a forum. MS. CARTWRIGHT: I think having a really good workshop on quasi hearings and educating -- MS. SETTLES: Unfortunately I can't find the time -- MAYOR BARNES: I thought it was scheduled for the 29th. MS. SETTLES: It is, but that's so far away. We're not supposed to be talking about this hearing. (More than one person speaking at once.) MAYOR BARNES: That will help us. I don't think it's going to help the public because they probably wouldn't come. MS. CARTWRIGHT: I think it would help the public even if it's recorded properly. I really do. Because they need to know what position we're in, and I think that's JR REPORTING ASSOCIATES, INC. (561) 567-9886 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 something -- MS. SULLIVAN: That puts it on an official basis and separates the board from the public, and I think that's a bad way to go. MS. CARTWRIGHT: That's what quasis do. (More than one person speaking at once.) MS. SULLIVAN: If we don't have to follow that, why should the Mayor be put in that position? MS. CARTWRIGHT: The quasi judicial hearing process, the legislature has put us in that position. Up until recently -- MS. SULLIVAN: He has an option to do something and now maybe that's the way he should do it. MAYOR BARNES: My thought, I think the neighbors deserve some kind of at least personal contact. Here's the story and here's what you want to do, do it. And if you don't, too bad. I have no problem explaining our position that we have to have either expert or competent testimony. MR. PAUL: I have to -- MAYOR BARNES: They're going to have to provide it. MR. PAUL: I can say I'm not disputing one hundred percent, but I can see where it would be a very precarious position for you. MAYOR BARNES: I'll accept that. JR REPORTING ASSOCIATES, INC. (561) 567-9886 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 MR. PAUL: I understand that. But the workshop idea, as far as the fact of the developer coming and explaining to the people -- MAYOR BARNES: That might be what they want to do, but they don't know now that they can do that is what I'm saying. MR. FRAME: Can I ask a question concerning "workshop"? We're talking about a workshop that's outside the government. MS. SETTLES: That was probably the wrong adjective. MR. FRAME: Would be a meeting between the developer and any public interest groups that would like to discuss it with him outside the arena of government. MR. PAUL: Right. That would be provided by just giving room up here at the at the council chambers to -- MAYOR BARNES: They could have it in the backyard if they want to. MS. CARTWRIGHT: I don't think -- I think maybe they can do it at the library or a public meeting room, not a government -- MAYOR BARNES: How about at the site? MR. FRAME: There might be value. I mean, if I were the developer and I was trying to sell a concept like that and I thought that my site sold my pitch, it might be a JR REPORTING ASSOCIATES, INC. (561) 567-9886 37 1 good place to hold it. Obviously it's his choice if he wants 2 to do it and where he wants to hold it, if he wants to do it 3 at all. But I just wanted to make sure it wasn't our role to 4 facilitate that particular meeting. 5 MR. PAUL: I don't know if this is correct, 6 incorrect or not, so please stop me or what ever. But the 7 fact that you have a church across the street providing 8 similar facilities pro or con for discussion on road surface 9 and everything else, I don't know. 10 MS. SETTLES: Not about the roads but certainly if 11 there was too much day care, if there was already adequate 12 day care and they could show it and they could say how many 13 day care facilities there are and how we've got enough 14 already, that would be evidence that you don't need it, that 15 there's not a need for it. 16 MR. PAUL: If they're still doing it. I don't even 17 know if they're doing it. But at one time I know that during 18 campaigning there was activity of some sort, but I don't know 19 what it was. 20 MS. SETTLES: On the other side, it would also show 21 that it was consistent with the neighborhood. That could go 22 both ways. 23 MAYOR BARNES: I don't recall that being too much. 24 I never noticed it going back and forth. I know the one on i"'`1 25 Delaware, you know, by 512 does have a child care. It's JR REPORTING ASSOCIATES, INC. (561) 567-9886 38 1 right off 512. Hang a left on -- or a right where ever /00**N 2 youtre coming from. Delaware only goes one way. 3 MS. SETTLES: One of the cases here is a resident 4 plan of adult congregate living facility and the neighbors 5 opposed it because of traffic and they denied the permit and 6 the Court overturned it. That's almost the identical same 7 thing. 8 But anyway, I think that that would be the best 9 thing to do is we all agree and I'll let you all know. 10 MAYOR BARNES: I'll wait to hear from you. 11 MS. SETTLES: We can announce it at a public 12 meeting. 13 MS. CARTWRIGHT: -- for this to be reheard, one of 14 you three have to put it on the agenda so it has to come up 15 on an agenda. 16 MS. SULLIVAN: But the first meeting has to be with 17 the Mayor and the residents. 18 MS. SETTLES: I think we have to do the public 19 thing first. 20 MS. CARTWRIGHT: We have to do the public thing 21 first, that we're going to rehear it and set the date for the 22 rehearing. We have to agree publicly to rehear it. 23 MAYOR BARNES: That's fine. 24 MS. SETTLES: As soon as I hear from the attorney. 25 MS. SULLIVAN: Then we have to have the advice of JR REPORTING ASSOCIATES, INC. (561) 567-9886 JR REPORTING ASSOCIATES, INC. (561) 567-9886 39 1 the attorney advising us that at that point you can speak eoa*'N 2 publicly. 3 MS. SETTLES: Yes. 4 MAYOR BARNES: Okay. Everyone happy? 5 MR. PAUL: Question before you close this and I 6 don't know if we can address this either -- 7 MS. CARTWRIGHT: You can close the attorney/client 8 session. 9 MR. PAUL: Will that affect the question about 10 cases? 11 MS. SETTLES: Well, we're really not supposed to 12 discuss other cases besides this one. 13 MR. PAUL: That's why I'm asking. I'm just trying 14 to figure out where we're at. 15 MAYOR BARNES: Close the client/attorney meeting 16 and open the public session and adjourn. 17 18 (The proceedings concluded at 7:20 p.m.) 19 20 21 22 23 24 /Oak-) 25 JR REPORTING ASSOCIATES, INC. (561) 567-9886 f 40 1 STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) 2 3 I, Amy J. Kost, Court Reporter, certify that I was 4 authorized to and did stenographically report the foregoing 5 proceedings and that the transcript is a true and complete 6 record of my stenographic notes. 7 Dated this / day of July, 1997. 8 9 AMY J. KOST affia MY COMMISSION # CO 61Q'r' Amy JU Most 10 : I/jQpo,,bVIRES:: Marcch{,�11,2,.t=I JR Reporting Associates Inc. WWfis 2345 14th Avenue, Suite 10 11 Vero Beach, Florida 32960 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JR REPORTING ASSOCIATES, INC. (561) 567-9886 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 varianres) Primary Name: (Subdivision, PUD or Applicant/Developer Name if Small Parcel) Applicant or Developer Name: 0-armine bber btio Proposed Use: dr, -U r -A rP (if (. /lIapplicagle) TT Location: tri b ro w b (VQ, (address, parcel number, or metes and bounds description) Acreage: Adopting Documents: (as apolicable) *Annexation Ordinance: _ Date: CLUP Map Amendment: Date: Rezoning/Conceptual Date: Special Use: 12-�(7 -.? Date: Preliminary Plat: Date: *Final Plat: Date: *Recorded: Date: (Book and Page) Location in Vault: Comments _jVn i 2 ri by 0-"f- _ cn uc ! ( __---_'------_--^--_'--_---__-'_---__� ` l �/ /���.^ ^ ,�~_