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HomeMy WebLinkAbout2014 - Special Use PermitSET TIAN HOME OF PELICAN IND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: March 12, 2014 AGENDA ITEM TITLE: Resolution R-14-02, Special Use Permit for Columbarium at 190 Day Drive RECOMMENDATION: Move to approve Resolution R-14-02. BACKGROUND: The Sebastian Christian Church has requested a special use permit for their property located at 190 Day Drive to allow a columbarium to be included in a memorial chapel recently approved as part of a major modification to their site plan. A special use permit is necessary when a use, such as a columbarium, is not specifically provided for in any of our Land Development Code zoning districts. As required by code, staff has reviewed the application and prepared a staff report. The Planning and Zoning Commission held a public hearing on February 6, 2014, and made a recommendation to City Council to approve the special use permit by a vote of 6 in favor and 1 opposed. ATTACHMENTS: Resolution R-14-02; staff report; minutes of P & Z 2/6/14 hearing; application; site plan; building elevations. If Aqenda Item Requires Expenditure of Funds: Total Cost: N/A Amount Budgeted in Current FY: If Cost Requires Appropriation: Amount of Appropriation Required: Fund to Be Utilized for Appropriation: City Manager Authorization: Date: HOME OF PELICAN Community Development Department Special Use — Staff Report 1. Project Name: Sebastian Christian Church Columbarium 2. Requested Action: Special Use Permit to allow a columbarium in the Public Service (PS) zoning district 3. Project Location: a. Address: 190 Day Drive b. Legal: Tract E, Sebastian Highlands Unit 17, together with Lot 4, God's Little Acre C. Parcel#: 31-39-19-00003-0000-00004.0 4. Project Owner: Sebastian Christian Church Inc. 190 Day Drive Sebastian, FL 32958 (772)388-0140 5. Project Agent: 6. Project Description: Amy Banov Banov Architects 2975 Twentieth Street Vero Beach, FL 32960 (772)299-6565 a. Narrative of proposed action: The Sebastian Christian Church has requested a special use permit for their property located at 190 Day Drive to allow a columbarium to be included in the memorial chapel identified as Phase 2 of their recently approved major modification to their site plan. The 910 SF memorial chapel will be located between the existing church sanctuary and the stormwater lake and is more than 100 feet from Schumann Drive and Pelican Island Place. If the special use permit is approved, the walls of the chapel will incorporate niches to hold urns containing cremated remains (ashes), and each niche will be covered by a memorial plaque commemorating the deceased. Placement of the ashes in the columbarium niche will be part of a memorial service held in the church sanctuary or in the memorial chapel itself. b. Current Zoning and Land Use: Land Use: INS (Institutional) Zoning: PS (Public Service) C. Adjacent Properties: Zoning Current Land Use Future Land Use North RS -10 residential LDR East RS -10 residential LDR South PS Pelican Island INS Elementary West RS -10 residential LDR d. Site Characteristics: (1) Project Area: 5.13 acres (2) Current Land Use: church (3) Water Service: Indian River County Utilities (4) Sanitary Sewer Service: On-site septic system [Phase 3 requires mandatory hook-up to IRC sewer system.] 7. Staff Comments: As detailed in Section 54-2-3.1 of the Land Development Code, a special use is a use which is not specifically provided for in the zoning regulations. The Planning and Zoning Commission and City Council may permit such uses in such zoning districts or classifications as special uses only if the applicant meets specific provisions and conditions deemed appropriate. City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable laws or regulations, and shall satisfy the findings of fact outlined in Section 54-2-3.1(a)(3) of the Land Development Code. 0) Procedurally, staff reviews the special use application and makes a recommendation to the Planning and Zoning Commission. The Commission shall hold a public hearing and shall indicate whether, in their opinion, the proposed special use meets the required findings of facts (Section 54-2-3.1(a)(3) noted above) and review criteria established in Section 54-2-6.2(d). The Planning and Zoning Commission shall then make a recommendation to City Council to approve, approve with conditions, or deny the application for the special use. The City Council shall then hold a public hearing, review the findings of facts and review criteria, and by resolution approve or deny the application. 8. Required findings of fact (Section 54-2-3.1(a)(3): a. The approval of the application for a special use will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in Article VI; The overall site has been reviewed during the site plan approval process to insure code compliance, as well as protection of public safety, health and welfare. b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; Located in the public service zoning district, the memorial chapel will be an accessory structure to the approved church, and will reflect the architecture of the other buildings on the site. At this time, memorial services are conducted in the sanctuary, but may also be extended to the columbarium in the memorial chapel. C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. The use is consistent with the Comprehensive Plan and the Code of Ordinances. 9. Conditions of apuroval (Section 54-2-3.1(a)(4): In approving an application for a special use under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. 3 No conditions proposed. 10. Planning and Zoning Commission findings (Section 54-2-6.2(d): Any approval with or without conditions shall be rendered only after a finding by the Planning and Zoning Commission and the City Council that the proposed use satisfies the following criteria: (1). Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. The proposed major modification to the Sebastian Christian Church meets all criteria identified in the Land Development Code to insure protection of public health, safety and welfare. (2). Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. Many people legally display urns in their homes, or scatter the ashes in places of special significance. In a columbarium, the ashes are not scattered, but held within a vessel and placed in an enclosed niche. A columbarium is not a mausoleum or cemetery, which are used to enclose a burial chamber or vault. (3). Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. The cremains pose no environmental or health hazard. The niches in the columbarium fully and securely enclose the urn. Also, the columbarium niches will be located on the interior of the chapel, and will not be visible from the street or neighboring properties. The site provides more parking spaces than required by code and adequately provides for traffic flow to and from the property. (4). Conforms to all applicable provisions of the district in which the use is to be located. The church property is located in the Public Service zoning district and conforms to all provisions of that district. (5). Satisfies specific criteria stipulated for the respective conditional use described in this article. 4 There is no specific criteria stipulated in the Land Development Code. (6). Is consistent with the Code of Ordinances and Comprehensive Plan. There is no conflict with the Comprehensive Plan or the Code of Ordinances. 11. Recommendation: Staff recommends that the Sebastian Christian Church be granted a special use permit for a columbarium on their property located at 190 Day Drive. rby 5 3 -S - /, f Date CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 6, 2014 Chairman Dodd called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: EXCUSED: ALSO PRESENT: ANNOUNCEMENTS: Mr. McManus (a) Mr. Qizilbash Mr. Durr Mr. Paul Mr. Dodd Ms. Kautenburg (a) Mr. Carter Mr. Reyes Ms. Dale Simchick, IRC School Board Liaison Mr. Roth Jan King, Senior Planner Robert Ginsburg, City Attorney Dorri Bosworth, Planner/Secretary Chmn. Dodd noted the LDC requires that election of Chairman and Vice -Chairman should occur at the first meeting held each year. He requested this be added as "Item C" to the agenda. Per a voice acknowledgement, the Commissioners agreed to the addition. Chmn. Dodd announced that Mr. Roth was excused from the meeting and that Mr. McManus would vote in his place. APPROVAL OF MINUTES: MOTION by McManus/Carter to accept the minutes of the November 21, 2013 meeting as written. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN MODIFICATION — SEBASTIAN CHRISTIAN CHURCH — 89164 SF ADDITION TO FELLOWSHIP HALL, 1,216 SF NEW STORAGE BUILDING, AND COLUMBARIUM — 190 DAY DRIVE — PS (PUBLIC SERVICE) ZONING DISTRICT B. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — SPECIAL USE PERMIT FOR A 910 SF COLUMBARIUM — SEBASTIAN CHRISTIAN CHURCH —190 DAY DRIVE — PS (PUBLIC SERVICE) ZONING DISTRICT Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 6, 2014 Dri,4�!,, A P" AW -V Chmn. Dodd opened the hearing for Public Input. No one spoke in favor, or in opposition, of the application. Mr. Dodd asked staff to respond to the consulting engineer's memo and the issue of whose responsibility it was to model the drainage basin for that area. Ms. King stated that city staff should probably have a meeting with the consulting engineer, and that possibly the city already had the information he was looking for. A third set of eyes may be necessary to get a resolution, and it was worded in the condition "to the satisfaction of the city", which ultimately would be the city manager. Mr. Dodd suggested removing the phrase "by the applicant" from the condition. Ms. King agreed. Mr. Dodd stated he understood the consulting engineers concern for finding where the water flowed in that area. Jan King summarized staffs recommended four conditions of approval: 1) relocate the monument sign which inadvertently was installed in the street ROW, 2) address the drainage comments by the consulting engineer, and revise the wording of the condition as proposed in the staff report as discussed above, 3) regarding the columbarium, and requested the wording also be changed in the proposed condition to reflect that the structure (Memorial Chapel) was approved as part of the site plan for Phase II, but the columbarium use was conditional on approval from City Council for a Special Use Permit, and 4) that the site must hook up to the IRC Utility sewer system during Phase III. Mr. Dodd stated he would like Condition #4 to indicate that the applicant would be required to replace the existing septic system during Phase III, also. Mr. Durr questioned why it wouldn't be OK to remain since it was verified to be functioning properly by the Health Dept. Mr. Dodd felt that when there was a major modification to a site that was the time to address the septic issue. Mr. Durr felt there was no violation. Ms. Kautenburg agreed with Mr. Dodd and stated that just because the system was not failing now it wouldn't down the road, and why wait till it fails and then have to dig up the property when it could be done in during the construction of the new sanctuary. Mr. Durr stated he didn't agree with forcing someone to hook up. Mr. Dodd clarified he would not request the hook-up if they weren't already being required to put the lift station in by IRC Utilities for Phase III. Mr. Paul had questions regarding the costs to hook into the sewer system. MOTION by Paul/Carter to "approve the site plan with the revisions asked for by both the Chairman and others, for the approval of a phased site plan modification for [Sebastian Christian Church] for the Fellowship Hall as well as for the Memorial Chapel, and all that was requested". Mr. Ginsburg asked for a clarification with regards to the septic and Mr. Dodd's intent to either "replace" or "remove" the system. Mr. Dodd stated his intent was to have the system removed and eliminated, and agreed the word "remove" should be used in Condition 4. Ms. Bosworth clarified for the Commission that the vote was for approving the site plan with four conditions: o #1 Existing church sign must be relocated onto church property o #2 Drainage comments by Frank Watanabe of Neel -Schaffer (engineer reviewing the project for the City) dated January 29, 2014, shall be addressed to the satisfaction of the City o #3 The columbarium use of the Memorial Chapel must be approved by City Council prior to the construction of Phase 2 o The site must hook up to the Indian River County Utility sewer system during Phase 3, removing the existing septic system Mr. Paul asked Mr. Howder if he felt it was an undue burden, relating to costs, for the applicant to remove the septic system in Phase 3. Mr. Howder stated there would be significant costs added to the project for a larger pump size, impact fees, and connection fees (ERU's). 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 6, 2014 Dri;,I" A., P^ ROLL CALL: Mr. Durr yes Mr. McManus yes Mr. Qizilbash yes Mr. Paul no Mr. Reyes yes Mr. Carter yes Mr. Dodd yes The vote was 6-1. Motion carried. MOTION by Dodd/Durr to "recommend to the City Council that they approve a Special Use Permit for a columbarium at Sebastian Christian Church". ROLL CALL: Mr. Reyes yes Mr. Dodd yes Mr. Durr yes Mr. Paul no Mr. Carter yes Mr. McManus yes Mr. Qizilbash yes The vote was 6-1. Motion carried. CHAIRMAN MATTERS: MEMBERS MATTERS: DIRECTOR MATTERS: None ATTORNEY MATTERS: None Chairman Dodd adjourned the meeting at 8:33 p.m. 3 (db) Permit Application No. o,., 5E�T"V City of Sebastian ",FCfMI &4r*M**D Development Order Application Applicant (If not owner, written authorization (notarized) from owner Is required) Name: Sebastian Christian Church Address: 190 Day Drive; Sebastian, FL 32958 Phone Number: �72' 388--01!�0 FAX Number: E -Mail: Owner (if different from applicant) Name: Same as applicant Address: Phone Number: ( } - FAX Number: ( ) - E -Mail: Title of permit or action requested: Special Use - Columbarium PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2° BY I V COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Sebastian Christian Church B. Site Information Address: 190 Day Drive Lot: Block: Unit: Subdivision: 4God's Little Acre Indian River County Parcel #: 31-39-19-00003-0000-00004.0 Zoning Classification: Future Land Use: PS Institutironal Existing Use: Church Proposed Use: Church - with columbarium C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessarv): "Columbarium" to be included in memorial chapel shown in site plan. DATE RECEIVEDJO /?-3 / 13 FEE PAID: $_S00-00 RECEIVED BY:� l— Pormif Appiicaiipn No. D. Project Personnel: Agent: NSA Name: . Address Phone Nurnbpr: ( j - FAX Number. { } r - E -flail,. Attorney: N/A Name: Address Phone Number; FAX,Number. � } E -Mail: Englner: Mr. Aaron Bowles, P.E. Name: MBV Engineering, Inc. Address 1835 20th Street; Vero Beach, FL 32960 Phone Nurrt.ber. (772) 569 -0035 FAX Number. ( 772) 778 - 3617 E -Mail: aaronb@mmbveng.com SurvCypr Mr. David Jones, PSM Name: David M. Jones, PSM Address 3899 39th Square; Vero Beach, FL 32960 P hone Number. (7 7 2) 967-9975 FAX'Nurn ber ( 7 7 2) 567 9172 E -Mail., davidmjonespsm@msn.com 1, Fred Hess BEING FIJRST DULY SWORN, DOSE AND SAY riAT: X I ASM THE OWNER _ l A?A TRE LEGAL REPRESENTAT[VE OF THE ovvNER or- THE PRoPewy DMpjaW WHIM IS THE SMECT MATTER OF THIS APPUCATION, AND THAT ALL THE IN1=QRMATION, MAPS. DATA AND/OR SKETCHES PROVIDED IN THIS Al CATION ARE ACCURATWD THE I3FOr QF MY KNOWLEDGE AND SEUEF. SIGNATUW DATE SWORN TO AND SUSSCRISED DEFQRC ME SY r'�'�Iles C WHO Is �TO Ii A OR PRO"ED ; . AS IDENTIFICATION, THIS '� DAY OF , 2QL�L NOTARY s SIGNATURE PRINTED NAME OF NOTARY R. TAYLOR ,,,��qtr CQnannlssjcN No.fEXptnATlorl %� = �,. '' my OOMMISSION # EE 873324 = SEAL: �. ' " EXPIRES: April 19.2017 �'' • moi we„�r BOIXW n� Notwy PennitAppriOtIon No. The following Is required for all comprahensive plan amendments, zonfing amexidments (Inclucling rexonlih1j), %jtjj pignst conditional use permits* spjpqlal use permits, 4arl=Ces, exceptions, and appeals; ME, X THE OWN Pi -AW I— THE LMAL REPRESENTATIVE Of TIE OWNER(S)OF THE PROPERTY Dr-scjwED wHicH is THE SUBJECT OF THIS APPUCATION, HEREOY AWHORIZE EACH AND EVERY MEMBER OF THE Planninq & Zoning BOARDZOMMISWOf THE Gti*"u� SEBASTIAN Td. PHYSICALLY ENTEk 606N THE PRdPtRTY AND VIEW" ThE PROPERTY IN 0014NECtdN Wn MY)OUR PENDIW APPU"CATiohl. IIWF- HERESY WAIVE ANY OBJECTION OR DEFENSE Iiwe MAy. HAVE, DUE TO* THE QUASI-JUDICIAL NATURE OF THE * PROCEEDINGS, RESULTING FROM AW BOARDICOMWSSIO* N MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY PVIM OR AMERTION THAT MY/C VR PROCEDURAL OR SUBSTAWVE DUE PROCESS RIGHTS UNDER THE FLORIDA 'CONS'T=04 OR THE UNITED STATES CdNSTITUtiOt4 WERE VIOLAiED BY SUCH ENTER114G OR MEWING. THIS WAIVER iii© C6NSENT IS 8EIj4GS'IG*NED BY MEIUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMI$M ME, BY ANY EMPLOYEE, AGEW, CPNTRACTOR OP. OFFICIa OF THE QITY OF SEBASTIAN. SIGNATURE � sworri to and subscribed befbta me by who is own to me or produced o" jffca Es identiffcatfon, this day of R. S. TAYLOR Notmys Signature My cOWSSION # EE 8704 Printed Name of Not?ry BodThM90br/N*U1S EXPIRES' APn1 119,2017 rdeMM&e Corilmission No./Explration Seah APPUCATION FEES ME ESTABLISHED BY RF -SOLUTION OF crry. COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBIUTY OF THE APPLICANT. A. �ACKNOWLWGMENT DATE Permit Application No. SE"""` ��� Supplemental Information s N Special Use Permit (ATTACH ADDITIONAL PAGES IF NECESSARY.) HOME OF PELICAN ISLAND 1. Describe the use for which this special use permit is being requested: Columbarium — See attached 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located. (Attach additional pages, if necessary) See attached _ 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning district, and that the use is similar in nature and compatible with the uses allowed in such district. (Attach additional pages, if necessary): See attached _ 4. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Sebastian Christian Church Special Use Permit—attachment to application Permit Application Number: 1. Describe the use for which this special use permit is being requested: This request is to include a "columbarium" in the proposed "Memorial Chapel" which overlooks the onsite retention pond on the Site Plan for Sebastian Christian Church. The walls of the chapel will incorporate niches to hold the urns containing the cremated remains—or ashes—of the loved ones who have died. The niches will be covered by a memorial plaque commemorating the deceased. The chapel will provide a respectful and sacred place for family members to honor their loved ones. Placement of ashes in the columbarium niche will be part of a memorial service held in the church sanctuary or in the memorial chapel itself. 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located: The Memorial Chapel follows the setback and other requirements required by zoning codes and will be constructed in accordance with the Florida Building Code. The chapel is more than 100' from the property lines and will reflect the architecture of the rest of the church's buildings. The columbarium niches will be located on the interior of the chapel, and will not be visible from the street or neighboring properties. Cremated remains are inert fragments of bone, mostly calcium, which resemble small pieces of gravel and dust. The cremains pose no environmental or health hazard. Often, ashes are scattered in places such as parks, rivers or the ocean which hold a special significance to the deceased. In fact, many churches have memorial garden areas where ashes are poured into the ground. There is no hazard posed by this action. However, unlike the scattering of ashes, the niches in the columbarium will fully and securely enclose the cremains urn. Many families store or display urns in their homes but would prefer a more sacred or significant place for the cremains. Many churches, including several in Indian River County, have columbarium structures on their properties. In 2009, state legislation has provided for Florida's eleven state universities to build columbaria on their campuses. It is not illegal to have cremains in a private home or even to scatter or bury ashes on private property with the landowner's permission. On public lands, State and federal officials typically turn a blind eye to scattering ashes as the act falls under the Clean Water Act designed to prevent pollution. There is no risk or hazard and therefore it is not enforced in those instances. In a columbarium, the ashes are not scattered, but held within a vessel and placed in an enclosed niche. There is no threat to public safety, health or welfare. Nor will it affect other properties in any way. 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning district, and that the use is compatible with uses allowed in such district: The Sebastian Christian Church property is zoned Public Service and the church has been approved as a conditional use in this district. The proposed Memorial Chapel and columbarium is an accessory to the main sanctuary of the church. A columbarium is NOT a mausoleum or cemetery, which enclose a burial chamber or vault. A columbarium contains merely the cremated ashes of the deceased. Furthermore, Florida statutes 497.260 exempts columbaria which are less than acre and contiguous to a religious institution facility from the laws which regulate cemeteries. 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