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HomeMy WebLinkAbout10-07-2021 PZ Agendaa„ HOME OF PELICAN SLAND 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 a FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 7, 2021 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED iN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAiN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES Regular meeting of August 19, 2021 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex-parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Quasi -Judicial Public Hearing — Conditional Use Permit — New Model Home — 952 Roseland Road — Lot 21, Block 162, Sebastian Highlands Unit 5 — Holiday Builders, Inc. — Residential Single Family (RS-10) Zoning District B. Public Hearing — Recommendation to City Council — Special Use Permit — Caliber Car Wash — 13070 U.S. Highway #1 — Commercial Riverfront (CR) Zoning District 7. UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS None 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ADJOURN Due to health concerns regarding coronavirus, alternative methods are still in place for the public to provide input regarding this site plan. Interested parties may contact the City at 772-388-8226 or email questions at COSTV5,COSTV.CITYOFSEBASTIAN.ORG or may visit the Citv's website at htto://www.citvofsebastian.orci/oublic-inout-methods. No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Council with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.citvofsebastian.ora unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES AUGUST 19, 2021 06 I. Call to Order -- Chairman Roth called the meeting to order at 6:00 p.m.0 o�. (u II. Pledge of Allegiance was recited by all. _ � •) cc; E III. Roll Call Present: Mr. Roth Mr. Christino �' E (a) 0 Mr. Simmons Mr. Hughan ca Ms. Kautenburg Mr. Alvarez Not present: Mr. Carter -- Excused > o Ms. Jordan (a) -- Excused (D 0 M a c Mr. Qizilbash -- Excused U)N < < 0 Also Present: Ms. Lisa Frazier, Community Development Director Ms. Dorri Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Ms. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer (Zoom) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Agenda Modifications Mr. Roth welcomed the newest alternate member, Ms. Karen Jordan. Ms. Jordan is absent this evening but is excused. He also announced that Mr. Carter has been excused from tonight's meeting as well as Mr. Qizilbash, and Mr. Christino will be voting this evening. Mr. Roth stated that it is a major accomplishment that the Comprehensive Plan has been completed. The City got a notice from the state on August 12th that it was approved. He thanked the Planning staff for seeing that the plan was done on time. He acknowledged City Council and their constant support and dedication to getting this project completed. He also thanked the Planning and Zoning Commissioners for attending all the meetings and workshops. He stated that the City has heard from quite a few that it is a well-rounded plan. V. Approval of Minutes: Regular meeting of Julv 15, 2021 Mr. Roth asked if all Commissioners have had a chance to review the Minutes. All indicated they had. Mr. Roth then called for a motion. A motion approving the Minutes Ey cc PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF AUGUST 19, 2021 of July 15, 2021 was made by Mr. Christino, seconded by Mr. Simmons, and approved unanimously via voice vote. VI. Quasi -Judicial and Public Hearinas -- None VII. Unfinished Business -- None VIII. Public Inout -- None IX. New Business A. Recommendation to City Council -- Review of Capital Improvement Program (CIP) and Capital Outlay Items Greater than $50,000.00 -- 6-Year Schedule FY 2021/2022 through 2026/2027 Mr. Killgore, CFO, made a Power Point presentation (SEE ATTACHED) summarizing what is in the agenda packets. He reviewed that the Capital Improvement Program that has been prepared for the budget is very detailed, and he explained the procedure for arriving at the figures. The City Council is briefed on the General Fund budget as far as the proposed millage rate. Next week Mr. Killgore will be meeting with City Council to review the CIP and the various funds of the City, and then public hearings will be held in September. He then went through the information page -by -age and explained the data. The following are questions/comments by the Commissioners regarding the Power Point and information in the CIP Budget. Mr. Roth: Regarding the first four items on the stormwater drainage program, he commented that those items are one of the main items in the Comprehensive Plan as far as handling stormwater. There was a question that came up at one of this Committee's meetings as to the flooding that happens in Sebastian. He understands that these steps will take care of that flooding. He asked if Mr. Killgore feels that the amounts set forth are going to adequately address those concerns. Mr. Killgore stated he cannot be definite in that regard. There are some other areas and projects that the City is prioritizing. A big part of that is for canal restoration. Of the $23 million that is estimated, only $1 million will come out of City funds. The rest will hopefully be grant funds from FEMA. As to the funding for the airport, he asked if a lot of that will take place in 2023- 24, and -25 and does that mean that is when the physical work will be done? Mr. Killgore explained that some of those projects take more than one fiscal year. Most of the scheduling comes from talking to the FAA and FDOT as to when they feel they are going to be able to fund the grants to support that work. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF AUGUST 19, 2021 • Regarding the budgeting for the Police Department, he wanted to make sure that their needs are being met as far as equipment and electronic technology, etc. Mr. Killgore explained that a good deal of the technology funding is accounted for in the Management Information Systems (MIS) division. Mr. Christino: • As to the stormwater program, he asked if the proposed Stormwater Master Plan that the City commissioned last year had been submitted to the City. Mr. Killgore stated that there is a consultant working on that. It should be a lot more detailed on the measures the City needs to be taking. Mr. Christino also addressed the funds that will be coming from the federal government for the stormwater program. Mr. Killgore explained that the matching requirement for funding the $23 million project is for the City to spend only $1 million. • Regarding the slip lining,/pipe replacements, swales and driveway culverts, he has had many people ask him when these projects are going to be done. This was supposed to be done two years ago when the roads were paved, and it has not been accomplished. Mr. Killgore reviewed that there was so much roadwork over the last two years, the stormwater crews have not been able to address all the associated stormwater improvements along the roadways. Mr. Christino stated that it was his understanding that the roads were not going to be paved until the stormwater issues were done so that the new asphalt would not be washed away. Mr. Killgore said that the City is adding two maintenance workers for the stormwater system in order to speed up that effort. Mr. Christino opined that a lot of these questions should be addressed to the City Manager. • Regarding the playground improvements, he stated there have been citizens who are requesting that the City parks, which are lacking in handicapped facilities, have an amount budgeted specifically to replace equipment to accommodate those persons with disabilities. Mr. Killgore explained that in talking with Brian Benton, Director of Leisure Services, Mr. Benton is addressing one or two parks at a time, focusing on making sure there is some handicapped equipment installed. • As to the $1.8 million for road building, he inquired what that is for. Mr. Killgore stated that is for opening up the west side of the airport. He stated that does not relate to the Public Works facility. He further reviewed how the monies from the discretionary sales tax fund are allocated. • As to road reconstruction, he inquired if this is over five to six years. Mr. Killgore said yes. Mr. Christino does not think the $3,566,000.00 is a sufficient amount if it is broken down over a six -year period. Mr. Killgore said these figures are estimates. Mr. Christino stated that after the stormwater program is completed, he would like to see much more money budgeted towards improving the roads in the City. He said the same would apply to sidewalk improvements. He thinks that in PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF AUGUST 19, 2021 the future the City will need to look at getting more money for its roads and sidewalks. This would protect the City against lawsuits from falls, etc. Mr. Hughan: • Regarding the airport, he asked regarding the public facility compound where it states the expected remaining balance for the design -build project authorized for '20-21, lists a figure of $5,334,024.00; then further down it sets forth a remainder of the $9,133,483.00. Mr. Killgore explained how those figures were arrived at. Mr. Simmons: • Asked if there are any items in the capital budget for fiscal year 20-21 that the City failed to follow through on because of lack of funds. Mr. Killgore said if there were projects that the City thought it could not budget for that year, they would be introduced to be funded in the future year. • Regarding grants and a couple of items that related to spending funds from the American Rescue Plan, he asked why some of that does not show up on the proposed capital budget. Mr. Killgore reviewed that that was pulled from the agenda, and it will be coming back in September. Mr. Anon stated that, since Council tentatively has not rendered an opinion on that matter, he would recommend sticking to what is presently on the agenda. Ms. Kautenburg: Regarding the new Comprehensive Plan, there is mention of improving access to facilities for all handicapped persons, not just children. She asked if there are funds not being used or are the funds all being used every year. Mr. Killgore suggested she is alluding to the recreation impact fees. There is a separate accounting kept for those, and it goes to the Parks and Recreation Advisory Committee for direction as to how those funds are appropriated. Ms. Kautenburg is concerned that cars can be parked in a parking area, the picnic tables can be seen, but there is no way to get there from where you are parked if you are handicapped. She opined that this is a disservice to many people. She would recommend that monies be included in the budget regardless of whether Parks and Recreation asks for it or not. Ms. Bosworth stated that could be added into the motion tonight based on new policies within the Comprehensive Plan. Mr. Killgore reviewed the regulations involved with using those funds. He stated Mr. Benton has done a good job of using what has been collected. The budget is tight as far as spending everything out of recreational impact fees. The Committee could still make that point with an amendment to the motion this evening. Mr. Christino agreed with Ms. Kautenburg's suggestion. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF AUGUST 19, 2021 There being no further discussion, a motion approving the proposed Capital Improvement Program with an additional amount of money to be specified to improve access for all disabled citizens, not just children, to the facilities available in the City's parks, including tables, benches, paths, and other utilities, and recommending approval by City Council was made by Ms. Kautenburg and seconded by Mr. Christino. There was general discussion regarding the wording of the motion among the Committee members, Mr. Killgore, and Mr. Anon. It was the consensus of all that the wording set forth above is correct. Mr. Roth called on anyone from the public, either present in chambers or on Zoom, who wished to comment. There being no one, Mr. Roth called for a vote on the motion. Roll Call Mr. Hughan -- Yes Ms. Kautenburg -- Yes Mr. Roth -- Yes Vote was 6-0 in favor. Motion passes. X. Commissioners Matters Mr. Simmons -- Yes Mr. Christino (a) -- Yes Mr. Alvarez -- Yes Mr. Christino commended Mr. Killgore for his knowledge regarding the budget, and he asked that next year the City Manager also be present when this meeting is conducted. Mr. Simmons seconded Mr. Christino's comments. Mr. Roth added his voice to what Mr. Christino and Mr. Simmons stated. Mr. Alvarez inquired if the City has a street sweeper and, if not, he opined that it be something that should be recommended to be added to the budget next year. XI. Citv Attornev Matters Mr. Roth asked Mr. Anon to review the rules regarding ex parte communications among Committee members and others. Mr. Anon read the Florida statute (SEE ATTACHED) regarding ex parte communications, explained each item, and answered any questions that the Committee members had. XII. Staff Matters Ms. Frazier reviewed that there is contained in the agenda packet a letter from the DEO accepting the City's updated and revised Comprehensive Plan. She thanked everyone on the Committee for their assistance with this matter. She also stated that the review of the Comprehensive Plan has been finalized regarding what land development codes need to be reviewed and confirmed that they are there or revised. Staff has begun checking through these items, and there will be assistance from Kimley-Horn and PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF AUGUST 19, 2021 Associates. She looks forward to working with this Committee in making changes to correct and improve the City's land development code. She added that there are some new zoning districts that staff need to address first. XIII. Adiournment There being no further business, the meeting was adjourned by Mr. Roth at 7:10 p.m. jg alYOF HOME OF PEUCAN ISLAND Community Development Department Conditional Use Permit Application - Staff Report Model Home 1. Project Name: Holiday Builders Model Home 2. Requested Action: Approval of a conditional use permit for a new model home. 3. Project Location: a. Address: 952 Roseland Road b. Legal: Lot 21, Block 162, Sebastian Highlands Unit 5 4. Project Owner: a. Name: Holiday Builders. b. Address: 2293 West Eau Gallie Boulevard Melbourne, FL 32935 C. Agent: Ms. Jessica Callough - Assistant Vice President of Holiday Builders 5. Project Description: a. Narrative of proposed action: Holiday Builders is requesting a model home permit for the single-family residence that is under construction at 952 Roseland Road. The required parking has already been approved on the adjacent lot under the model home permit located at 964 Roseland Road. A building permit for a 4' paver walkway connecting into the existing parking lot has been applied for and approved through the Building Department (approved survey attached). b. Current Zoning: RS-10 C. Adjacent Properties: Zonin2 Current Land Use Future Land Use North: RS-10 residence LDR East: RS-10 residence LDR South: RS-10 residence LDR West: RS-10 residence LDR 6. 7. d. Site Characteristics: (1) Total Acreage: (2) Current Land Use: Required Findings: .24 acres Single family residence under construction a. Be so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. b. Not present an unduly adverse effect upon other properties in the impacted area in which it is located. 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. C. Conform to all applicable provisions of the district in which the use is to be located. d. Satisfy specific criteria stipulated for the respective conditional use described in subsection 54-2-6.4(29). Conditional Use Criteria: C a. Not to be used as contractors main office. b. Meets district regulations for lot and yard dimensions. C. No construction materials or equipment stored at model. d. Business hours of 9:00 a.m. to 6:00 p.m. Limit of two staff. e. All signs conform to city code; illuminated signs prohibited. f. No -Ilare or traffic impediment from house illumination. g. Provide 5 parking spaces,101 from side property line, 30' from corner. Does Does Not Com ly Comply J J J Does Does Not Comply Comply J J J J 8. Additional Considerations: The model home permits expire one year from the date of approval, but may be renewed administratively. At the time the model home permits expire and are no longer renewed, the applicant will be responsible for removal of the parking area, connecting sidewalks, and all signage. 9. Conclusion: The proposed use as presented is consistent with Section 54-2-6.4(29) of the Land Development Code of the City of Sebastian, with conditions listed below. 10. Recommendation: Staff recommends approval of this model home permit for a one-year period conditional on the following: Prepared by 1. A building permit for any model home signage is obtained, and in accordance with permitted size. 2. Illegal flags and signage shall not be used. Off -premise signs or directional signs cannot be placed along city streets. 3. Contractor to remove parking area, connecting paver walkway, and model home signage when the model home permit expires. Date Permit Application No. .., SEBAST City of Sebastian HOM104FFIIC+1NFStANP Development Order Application j Applicant Of not owner, written authorization (notarized) from owner is required) Name: Holiday Buidlers Address: 2293 W Eau Gallie Blvd, Melbourne, FL 32935 Phone Number: ( 407 ) 745 - 3770 FAX Number: E-Mail: jeratostene@holidaybuilders.com f Owner (If different from applicant) Name: Address: f Phone Number: ( ) - FAX Number: E-Mail: Title of permit or action requested: ff f6uolT yr A-t_ ccse 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 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: 952 Roseland Rc Lot: Block: Unit: Subdivision: 21 162 05 Sebastian Highlands Indian River County Parcel #: -0000a-Ic020--000al.0 Zoning Classification Future Land Use: l.rD P.S -c o Existing Use: Proposed Use: JM?h_T_ MoDe-L f s C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv). Parking Lot on Lot 20, Decorated Field Model DATE RECEIVED: 'F1311 a 1 FEE PAID: $ �! 5o, 00 RECEIVED BY: Permit Application No. D. Project Personnel: Agent: Name: Jessica Callough Address j 2293 W Eau Gallie Blvd, Melbourne, FL 32935 Phone Number: ( 407 ) 745 3770 FAX Number: ( ) E-Mail: hbcpc@holidaybuilders.com f Attorney: f Name: Address Phone Number: ( ) - FAX Number: E-Mail: j Engineer: Name: Address Phone Number: ( ) - FAX Number: E-Mail: surveyor: Name: KA w T.+ Kb Ij Address 52-2.0 LkS Phone Number: ( ) - FAX Number: ( ) E-Mail: 11 Jessica Callough , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATI,-It., AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE UR' RUE TO THE BEST OF MY KNOWLEDGE AND BELIEF i SIGN U c DATE I SW� ),N TO .AND SUBSCRIBED BEFORE ME BY Jessica Callough WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS -3c2 DAY OF f , 2021 NOTARY'S SIGNATURE CO PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: %0*1 oLf Notary Public State of Florida Judy Eratostene oa My Commission GG 182597 of,.P Expires 0411412 022 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / XX THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS W. SIGNA DNSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Sworn W and subscribed before me by Jessica Callounh who is personally known to me or produced as IcTentltication, this .3U day of 61.4Lcr,2 &- 2021 ?- 36 --zo2( DATE Notary's Signature a-44-1 Printed Name of Notary Commission No./Expiration Seal: od0 Pj, Notary PubliC State of Florida e 4*1, Judy Eratostene 182597 My Commission GG �9 0 Expires 04114/2022 e Of 00 Permit Application No. Supplemental Information ffiMECurEI.rcANIu Conditional Use Permit, Model Dome _ 1. Type of permit: XX initial application renewal 2. Describe the hours of business: None/Open House ,! Is ; _ 3. Describe any on -premise signs (size and location). 43W x 32H Holiday Builder signage ca L 4. Is the proposed model home to be illuminated? If so, describe illumination plan. No 5. Attach the following: a. 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. XX b. A survey of the lot where the model home is located showing the location of the required five parking spaces, any signs, and any illumination. XX 6. Describe how the proposed use is designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. If not, why not: Parking for Decorated Field Model to r)revent rnarkina on the road shoulder. Permit Application No. XX 7. Describe how the propose use will not adversely effect other properties. If not, why not: Parking Lot for decorated Field Model to prevent parking on Main RW (Roseland). CROF HOME OF PELICAN ISLAND Special Use Procedures 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. Procedurally, staff has reviewed the application to determine its recommendation. The Planning and Zoning 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. Community Development Department Special Use — Staff Report 1. Project Name: Caliber Car wash 2. Requested Action: Special Use Permit to allow a 3,270 SF commercial, automated carwash facility including eighteen (18) vacuum stations, four (4) bug prep stations, and three (3) employee parking spaces in addition to required stormwater, utilities, and landscaping. 3. Project Location: a. Address: 13070 US Highway 1 b. Legal: Lot 21, lying East of U.S. Highway No. 1, Wauregan Subdivision C. Parcel th 3 0-3 8-21-00001-0000-00021.1 4. 5. 6. Project Owner: Sebastian Northpoint, LLC Eric Penny 14430 US Highway 1, Suite 103 Sebastian, Florida 32958 pennypediatrics@bellsouth.net (772)473-4139 Project Agent: AVID Group, LLC Mr. Peter Pensa, AICP 2300 Curlew Road, Suite 201 Palm Harbor, Florida 34683 Peter.pensa@avidgroup.com (727) 234-8015 Project Description: a. Narrative of proposed action: Application has been made for approval of a special use permit to allow a 3,270± SF carwash facility on vacant property located on the east side of U.S. Highway #1 within the Riverfront Overlay District. The site is directly across from the St. Sebastian Catholic church, and less than 500 feet north from the existing Purple Pelican Car Wash. (EXHIBIT A) If the special use permit is approved, a final, detailed site plan application would then follow. The current request is for approval of the carwash use only. b. Current Zoning and Land Use: C. d. Land Use: Riverfront Mixed Use (RMU) Zoning: Commercial Riverfront (CR) Adjacent Properties: Zoning Current Land Use North CR Medical East ROSE-4 (County) Residential South CR Medical West CR and PS ALF and Church Site Characteristics: (1) Project Area: Total Area 1.01 acres (2) Current Land Use: Vacant Future Land Use RMU MHRP (County) RMU RMU PA (3) Water Service: Indian River County Utilities (4) 7. Staff Comments: Sanitary Sewer Service: Indian River County Utilities Earlier this year, staff was approached by AVID Group, representing Caliber Car Wash, regarding development of a vacant lot on US Highway #1 for an automated carwash facility. Because the LDC does not have specific regulations regarding carwash uses, approval of a special use permit is needed before development of the site could be applied for. During initial discussions with AVID, staff deemed that noise, the close proximity to an existing carwash, the amount of existing carwashes already in operation, and compliance with the Riverfront District's architectural regulations were important issues that would need to be considered, and should be addressed in their application submittal. The special use application was received on August 13, 2021, and included a project narrative & justification statement, proposed architectural elevation renderings, noise analysis, market analysis, a conceptual site plan, and other ancillary application items. (EXHIBIT B 1 thru B9) Staff has reviewed the submitted information and offers the following for consideration: • Noise The applicant submitted an Equipment Decibel Certificate which provides decibel information for the proposed carwash blower and vacuums. A decibel level is noted per single vacuum. It is presumed that noise levels will increase exponentially with both multiple vacuum use and simultaneous blower use. Staff researched acceptable and/or harmful decibel levels regarding carwashes and found that the OHSA regulations permit only noise exposure levels up to 85 decibels for an eight -hour workday. This information was supplied in an article from the Professional Canvashing & Detailing magazine titled "Reducing Carwash Noise". Staff has included the article for consideration purposes because we feel it is current and applicable, provides noise reduction suggestions, but also confirms that many other communities, councils, and concerned citizens are prone to worry about noise disruption from these types of uses. (EXHIBIT C) A primary issue of concern is that there is a similar carwash facility located directly south of the proposed Caliber site approx. 482 lineal feet away equipped with vacuum stalls, three (3) self -serve bays, and two (2) automated express tunnel washers. (EXHIBIT A). If the special use is granted in such close proximity to the existing, the residential neighborhood to the east of both of these sites will be subject and impacted by twice the amount of blower and vacuum noise. The three existing carwashes currently in operation throughout the city are separated by miles, where compounded noise levels were not an issue. If the special use is granted for Caliber, 3 extra satisfactory noise reduction measures, similar to those noted in the article, should be required as conditions of approval. Market Analysis The market analysis provided by the applicant tends to be more subjective than data - driven. It states that one express carwash will service 20,000-25,000 residents. Sebastian's current population is approx. 25,600. Currently, there are three (3) fully operational commercial car wash facilities located within the city limits. The analysis does not detail why, based on population, a fourth car wash is necessary. Caliber Car Wash is supporting that the special use should be granted because they will be offering a better car washing experience. This may be beneficial to the residents, but should be outweighed by the possibly that one or more of the existing car washes may be forced out of business. This occurrence happens in the business community. However, what is not commonplace, is that these types of facilities are considered single -purpose buildings. In the event that one of the businesses decides to relocate or goes out of business, the building could potentially remain empty and become obsolete, especially if two carwashes are nearby each other. The structure would be difficult, or financially burdensome, to convert to a different, permitted use, i.e. an office, or restaurant. The location and proximity to the adjacent, existing car wash should be an important consideration. Proposed Elevations & Conceptual Site Plan The proposed car wash facility would be located in the Riverfront Overlay District. The architectural design of the proposed building does not meet the requirements that have been established for the Riverfront District. Specifically, commercial prototype architecture such as flat roofs is prohibited, as shown in the applicant's proposed elevations (Exhibit 134). The intent of the Riverfront Overlay District was to encourage "Old Florida Fishing Village" architectural styles. The conceptual site plan (EXHIBIT 136) was not reviewed in detail, as it is not the subject of the application, but consideration should be given to the design as to best minimize or reduce any of the expected nuisances the car wash use may bring. For example, tunnel noise may be reduced for the abutting residences if the structure is relocated closer to the highway than the rear property line. 8. Required fmdines 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; Consideration of the information supplied by the applicant and discussed in staff s report should be used to determine if the location and operation of the proposed car wash facility will affect the wel are of the adjacent residents and surrounding business community. 4 If the special use is approved, the Public health and salety matters will be addressed via a fully engineered site plan that must be submitted for review and approved by the Planning and Zoning Commission. Any conditions of approval for the special use required by City Council would need to be implemented into the site plan. The site plan review will include drainage, parking, traffic, landscaping, and special buffering requirements. b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; The car wash facility use, considered in general, is consistent with the intent of the commercial district, as demonstrated by the approval of the other existing car washes and their special use requests. All are located in commercial districts. However, it is the proposed location and its proximity to an existing car wash facility that must be considered to determine if this car wash _facilin, is still considered a compatible use within the district. Each special use request should be considered on its own merits. 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 approval (Section 54-2-3.1(a)t4): 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. If the special use permit is recommended for approval by the Planning and Zoning Commission, staff suggests specific conditions of approval regarding the following matters are forwarded to City Council: a. Industry standard recommended noise reduction measures required for the car wash equipment b. Increased opaque buffers to reduce noise — combination of walls & landscaping, height of landscape buffers, etc, c. Hours of operation d. Car tunnel location e. Building design 5 10. Planning and Zonin-a 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 that the proposed use satisfies the following criteria: (1). Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. See discussion as stated in #8a above (2). Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. This must be determined by the Planning and Zoning Commission and City Council. (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. Staff opines that because of the location and operation of TWO car wash facilities less than 500 feet in proximity to each other, that the intensity will generate unacceptable noise levels, in addition to other possible unforeseen nuisances to the adjacent residents. (4). Conforms to all applicable provisions of the district in which the use is to be located. If approved, site plan review will insure conformity to all applicable provisions of the Land Development Code, Commercial Riverfront Zoning District regulations, the Riverfront Overlay District, and include conditions that may be imposed by approval of a special use permit. (5). Satisfies specific criteria stipulated for the respective conditional use described in this article. There are no specific criteria stipulated in the Land Development Code for a car wash facility. If approval is granted, conditions suggested by staff have been provided. (6). Is consistent with the Code of Ordinances and Comprehensive Plan. The use is consistent with the Comprehensive Plan and the Code of Ordinances. no 11. Recommendation: Staff recommends denial of the requested special use permit for Caliber Car Wash based on the following: • Its proposed location at 13070 US Highway #1 and its proximity to an existing car wash facility located at 13020 US Highway #1; • The level of noise that may be generated exponentially because of the proximity of two similar car wash facilities, and their combined effect on surrounding properties, especially to the abutting residential neighborhood; • The prospect that the city could be left with single -purpose building sites that may become empty, with the probability of remaining abandoned and blighted; and • As proposed in the application, the building elevations do not meet the Riverfront Overlay District requirements C� Commumty Development epartment r io 7 EXHIBIT B1 /� G�POUP� A 2300 Cu PROJECT NARRATIVE Palm haruur, rnunua o-+uoo Phone (727) 789-9500 www.avidgroup.com [AUTH#6139 LB7345] Project Narrative & Justification Statement Special Use Permit Caliber Car Wash @ 13070 US Highway 1 Project Description The project site is approximately 1.08f acres located at 13070 US Highway 1, which is located on the east side of US Highway 1, south of Donna Lane and north of David Lane in the City of Sebastian, Indian River County, Florida. Caliber Capital, the contract purchaser/developer, is proposing to build a 3,270± SF automated carwash tunnel with 18 vacuum stations (including 1 handicap stall), 4 bug prep stations, and 3 employee parking spaces. The site will feature two stacking lanes with state-of-the-art payment kiosks to serve customers and reduce/eliminate wait time. The site will be accessible from a full access driveway on US Highway 1. Caliber Car Wash will feature the latest in car wash innovations and provide the best quality car wash experience for residents and visitors. Justification Statement / Supplemental Information [Special Use Permit) 1. Describe the use for which this special use permit is being requested. Caliber Car Wash is proposing to build a 3,270=1: SF automated car wash tunnel with bug prep and vacuum stations. 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 site will not be detrimental to the public safety, health, or welfare or be injurious to other properties or their improvements. The site will provide attractive and innovative design through site planning and the use of state-of- the-art car wash technology to provide a needed service for residents and visitors. The currently vacant commercial site is located between two adjacent medical offices to the north and south that also have the Riverfront Mixed Use future land use designation and Commercial Riverfront (CR) zoning. On the west side of US Highway 1 is a church with Institutional future land use designation and Public Service (PS) zoning. To the east is a private river camp and a mobile home lot with Medium -Density Residential-1 (M-1) future land use designation and Roseland Residential District (Rose-4) zoning in the unincorporated county. The conceptual site plan has been designed to provide the least possible impact to the residential neighborhood to the east. The proposed project will meet the city's setback, screening, and buffer yard requirements at the rear of the property. The intention is to preserve as much of the natural existing vegetation as feasible within the eastern buffer yard for screening and sound migration. The building has been designed to face the entry and exit openings for the car wash bay north and south to further mitigate noise migration. The building itself will act as a sound wall to lessen noise generated from onsite activity and road noise from US Highway 1. Caliber Car Wash — Project Narrative & Justification Statement (Special Use Permit) Page 1 of 2 AVID Group Project # 3416-004 8/11/2021 on Furthermore, technology will also be a factor that demonstrates the car wash use will not be detrimental. The typical car that is washed at a resident's home will use 140 gallons of water versus the reclamation system car wash which only utilizes 30 gallons of water. The site will feature the most modern car wash innovations, including a highly efficient water re -use system that recycles water by removing soap, contaminants and particulate runoff from vehicles to reduce water usage and direct flows into the public storm drain system. All the cleaning chemicals are biodegradable and environmentally friendly, further reducing the environmental footprint and demonstrating the value of being a good neighbor. 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. The subject property is zoned Commercial Riverfront (CR) with a Riverfront Mixed -Use FLUM designation. Policy 1-1.3.6 indicates the purpose of the Mixed -Use designation is to provide a mixture of residential, office, commercial, recreational, among other uses. US Highway 1 is a heavily travelled major arterial roadway corridor through the community. The proposed car wash use supports the city and county residents, workforce, and the traveling public. The addition of this car wash will provide market diversity by expanding options for the residents/visitors of Sebastian. The Riverfront Mixed -Use designation district allows for greater flexibility and changing market types. The Comprehensive Plan recognizes the need for flexibility for changing market types as with the car wash business new innovative design allows for a better customer experience, environmentally friendly technology, and neighbor conscious design. The proposed car wash use is consistent with the pattern of development. There is an existing car wash further south that has been in service for more than 20 years in this same FLUM and zoning district that is also compatible with the surrounding uses. These car washes can co -exist because they have a different design and purpose to serve different clientele. The existing car wash to the south is predominantly a self-service wash facility used by those wanting to manually wash and detail their vehicle, boat, or jet ski. That facility was designed with six manual wash bays that face the residential dwelling units behind it. Over time, the existing car wash to the south saw the market change and has tried to adapt by changing a couple of bays to automatic machines, however, the noise factor was not reduced for the neighboring residents. Whereas, the proposed Caliber Car Wash facility is sensitive to not only the environment, but also the surrounding properties. The site layout, car wash tunnel, and other equipment are designed and constructed in such a way that water usage is greatly reduced, and noise is minimized and mitigated by design through implementation of the latest technology. This demonstrates that the proposed car wash use is not only a compatible use within the district, but it also demonstrates Caliber Car Wash's intent to be a good neighbor and employer within the community. Caliber Car Wash — Project Narrative & Justification Statement (Special Use Permit) Page 2 of 2 AVID Group Project # 3416-004 8/11/2021 VA NOISE ANALYSIS AU7 WA Industrial Vacuum & Air Systems EQUIPMENT DECIBEL CERTIFICATION This is to certify that the following AutoVAC equipment was measured with the following decibel levels of noise emission (+/- 2dB) in accordance with ISO 2151:2004. These ratings are taken at 15 feet from the machine with no background noise or outside interference in a 50 x 50ft interior room. HORESPOWER STAGE 10 3 15 4 20 5 25 6 30 7 40 8 F HORESPOWER 15 F- EQUIPMENT Sound Level Meter VACUUM PRODUCER START/RUN d6 START dB WITH VFD NO VFD 64 84 66 88 66 88 72 92 74 92 76 95 SERIAL NO BLOWER START/RUN dB START dB SERIAL NO WITH VFD NO VFD 72 85 Equipment Used to measure decibel levels MANUFACTURER i MODEL NO Extech Instruments f 407730 PASS/FAIL PASS/FAIL SERIAL NO 9848853 Certified By: Date: This certificate does not claim product approval or endorsement by NVLAP, NIST or any agency of the Federal Government. If you have any further questions, please contact AutoVAC at our toll free number 888-628-8682. industrial 188-000OB Certification Equipment Decibel Vacuum R Air Systems Page 1 of 1 C ONLINE DETAIL AREA 10'W X 9'H DOOR OPENING P5. P4_ P3 P2 r'PI I 10' 60' t a MEASURED SOUND LEVEL (dB) DRYER POSITION POSITION POSITION POSITION POSITION POSITION MOTORS ON 1 2 3 4 5 6 0 59 59 58 57 57 58 1 89 88 82 81 79 - 2 90 88 85 84 80 = 3 90 89 88 85 80 4 91 90 88 87 82 5 92 91 89 88 85 - 6 94 92 90 92 85 - 7 95 92 90 90 85 - 8 95 95 91 90 BB 60 CARWASlslmm" 70' PE MARKET ANALYSIS Caliber Car Wash is dedicated to providing the highest caliber car wash After regularly visiting old, dilapidated and outdated car washes, two Central Florida natives and childhood friends got together with the hopes of creating a car wash with the highest caliber of standards. This led to the creation of Caliber Car Wash (the name says it all), which now boasts over a dozen washes across the Southeast. The Caliber team is known for focusing on fast, friendly service and specialized detailing freebies customers can use after every wash. The concept of Caliber Car Wash began in 2018 after Caliber's founders and current owners experienced less than ideal washes at other wash companies. When their experience wasn't up to the highest standards, it sparked an opportunity for growth in the industry. Their goal was to create a brand that gives customers the best possible wash experience on the market. They realized just how important clean vehicles are and wanted the chance to show others what high -quality clean really looks and feels like. From the start, Caliber was dedicated to creating a safe environment for people to experience the newest technology, excellent customer service, and the highest caliber clean. The owners and growing team knew they wanted to set Caliber apart from the rest. That's where the idea of detailing freebies came to fruition. With the addition of free air fresheners, towels, and cleaners, our team hoped to create an environment with a superior customer experience. The first Caliber Car Wash opened in Ocala, Florida, in 2019. just a few months later, Caliber's second wash opened in North Carolina, leading the way for the company's significant expansion plans across the Southeast. Caliber continues to open new washes in Florida, Georgia, North Carolina, and Alabama and has plans to add more locations across the U.S. in coming years. PEOPLE Here at Caliber, we also know that our people make all the difference. Caliber takes pride in investing in our team members because it's only through working together that we achieve the highest caliber clean. All of our locations are locally managed and maintained, so we know that each customer is getting the most genuine and personalized experience. Employees are also encouraged to enter management tracks with the hopes of running their own wash. Currently, a majority (over half) of our washes are managed by employees who started in other positions at the wash. Our business is built on putting people first, and we thrive on bringing communities and employees together over a shared love of quality clean. When you stop by one of our washes, we want you to know you are experiencing the very best. And if, for any reason, you don't love your visit, please don't hesitate to let us know. After all, you shouldn't trust your vehicle to just anybody and we appreciate the opportunity to provide you with your best clean. Each location employs 15-20 local residents with above average starting pay of $13- 15/hour. Caliber Car Wash prides itself on hiring a diverse workforce and promoting and empowering women and minorities in leadership positions. To read more about our industry breaking hiring and training habits click here: httDs://calibercarwash.com/caliber-in-ocala-breaks-industry-stereotypes/ ENVIROMENTAL FRIENDLY CAR WASH Being eco-friendly and having zero impact on the environment is a top priority at Caliber Car Wash. All water at all locations is filtered, cleaned, and reused. Using a water reclamation system, we are able to only use 30 gallons of water per car wash. The average waster used when washing -a car at home or in aself-service car -wash is over 140 gallons. Furthermore, 100% of all of our cleaning chemicals are completely biodegradable and environmentally friendly. Water from our car wash is collected in reclaim tanks. The water is treated with multiple processes before being sent back into the system. First, a carbon filter system is used to eliminate particles in the water, next an Ultraviolet Light process is used to kill any harmful or unwanted bacteria, last an Ozone Treatment system is used to completely disinfect the water. Once the water has been recycled 3 times, it is released into an oil/water separator, which is its last stop prior to being released into the municipalities sewer system. This system ensures that we are not releasing any harmful contaminates into the sewer system, ground water, or retention ponds. When you wash at home, not only do you use a lot more water, but all of the contaminants you wash off of your vehicle flow directly into the public storm drain system. This can negatively affect this system by introducing substances such as oil, brake residue, antifreeze, coolant, grease, rust, or anything else off the road you may have inadvertently driven through down into this system. All of these contaminates are eliminated when using Caliber Car Wash. APPLICATION Permit Application No. MCI ffl-� City of Sebastian WME Of IMCAN MAN, Development Order Application C Applicant (if not owner, written authorization (notarized) from owner is required) Name: AVID Group, LLC (Attn: Peter Pensa, AICP) Address: 2300 Curlew Road, Suite 201, Palm Harbor, FL 34683 Phone Number: ( 727) 234-8015 FAX Number: ( N/A ) - E-Mail: peter. pensaQa avidgroup.com Owner (If different from applicant) Name: Eric Penny (Sebastian Northpoint LLC) Address: 14430 US Highway 1, Suite 103, Sebastian, FL 32958 Phone Number: ( 772) 473-4139 FAX Number: ( N/A) - E-Mail: pennypediatrics@belIsouth.net Title of permit or action requested: Special use permit for a carwash use PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Caliber Carwash B. Site Information Address: 13070 US HIGHWAY 1, SEBASTIAN, FL 32958 Lot: 21 Block: N/A unit: N/A SubdivisiPlat of Wauregan on Fleming Grant (PBB 1-75) Indian River County Parcel #: 30-38-21 -00001 -0000-00021.1 Zoning Classification: Future Land Use: Rlverfiront Mixed Use Commercial Riverfront (CR) Existing use: vacant Commercial Land Proposed use: Carwash C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): See Attached Project Narrative and Justification Statement DATE RECEIVED: S' /,1/ all FEE PAID: $ 5W-00 RECEIVED B 4* I(0_7 Permit Application No. D. Project Personnel: Agent: Name: AVID Group, LLC (Attn: Peter Pensa, AICP) Address 2300 Curlew Road, Suite 201, Palm Harbor, FL 34683 Phone Number: (727)234-8015 FAX Number: ( NIA) - E-Mail: peter.pensa@avidgroup.com Attorney: I Name: Address f Phone Number. ( ) - FAX Number: ( ) E-Mail: Engineer: Name: AVID Group, LLC Address 2300 Curlew Road, Suite 201, Palm Harbor, FL 34683 Phone Number: (727 )234-8015 FAX Number: (N/A ) E-Mail: peter.pensa@avidgroup.com Surveyor: Name: Terminus Surveying, LLC + Address 2752 Jason Street, Tampa, FL 33619 II Phone Number: (813 )681-4481 FAX Number: ( ) rE-Mail: 1, P67-£P. ! E SA , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCUR E AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. CFO Ya'o IGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY 6 [1 e r 10Q-[A_5 0A__ _ WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF , 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NOJEXPIRATION SEAL: Notary Public State of Florida iA014 Teresa A. March '�My Commleaion OG 157197 Expires 11/01/2021 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including -rezoning), site plans, conditional use permits, speciai-use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / Y- THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zonin BOARD OMMISSIO F THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROWS _ "Dr, BY-. NY•EJ12PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by ELI t- Tin who is personally known to me or produced as identification, this day of lL�,-s-r 20 21 Notary's Signatures-1� Printed Name of Notary Commission No./Expiration Seal: DEBRAL CAMPSELL i MY COMMISSION # GG 9; N2 a off= EXPIRES: December 2l, 210 Bonded Tin Notary Pubic lhlden~ F Permit Application No. "9V0F Supplemental Information SEBAST Special Use Permit (ATTACH ADDITIONAL PAGES IF NECESSARY.) HOME OF PELICAN ISLAND t. Describe the use for which this special use permit is being requested: See Attached Project Narrative and Justification Statement — 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 Project Narrative and Justification Statement _ 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 Project Narrative and Justification Statement _ 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. EXHIBIT C [J OPERATIONS AND MANAGEEMENT Reducing carwash noise How to lower the noise output from your carwash. By Melg n Kusek on August 27, 2018 Meagan Kusek is the senior editor of Professional Carwashing & Detailing. As evidenced by recent reporting in Professional Carwashing & Detailing, more and more, owners and operators are facing obstacles from municipalities and residents about noise pollution — often before a carwash even exists. Those planning to build carwashes around residential areas are especially prone to sitting through city council hearings where concerned citizens voice their fears about noise disruption, and these hearings can draw out an already beleaguered permit application and approval process. On the flip side, there are established carwashes that suddenly find themselves face-to-face with city noise ordinance officials because a neighbor has complained. These carwashes then have to undergo sound testing on -site, and if they don't pass the tests, the consequences could range from mandatory, new equipment purchases to amending the carwashes' policy and compliance (P&Q governance. Residents are quick to offer suggestions about how to mitigate noise — from reducing hours of operation to replacing dryer equipment with hand -drying — but they often don't take into account a wash's profit margin. With these scenarios in mind, this article looks into why noise reduction is so important for carwashes as well as ways to implement it. C Occupational Health and Safetv Administration (OSHA)_agulations permit only noise exposure levels up to 85 decibels for an eight -hour workday, and carwashes that surpass those noise levels are subject to fines. However, the reality is that local noise ordinances are often far stricter, and you're more likely to be cited by a municipal official for disturbing the neighbors. "We, in the industry, have been getting a lot of pushback from neighborhood groups, from residents, from adjacent businesses, etc.," says Chris McKenna of McKenna Assets LLC (www.carwash-consultant.com). "It's gone so far now where there's actually some [carwashes] that are being required to test once a year or once every two years with an actual [decibel] meter and the whole deal. It's cumbersome." Of course, depending on where your carwash is situated — in an urban, suburban or rural area — you may experience less pushback than others. According to Stuart Levy, president of Clean Car Consulting, "Cities already have a great deal of noise generated by traffic in the area. Chances are that any noise coming from the carwash will be absorbed by street noise and not be too much of a problem, if at all — particularly if the carwash's exit is set back from the street." Suburban areas, on the other hand, could have zoning regulations regarding noise pollution, Levy notes. As such, those building a new carwash may have to pacify residential complaints with plans for noise reduction before their permits are even approved. However, rural areas should not be a concern, Levy states. V C Art Stephens, president of International Drying Corp. [www.intemationaldrving.com), notes that, within a city, industrial areas will tend to be more tolerant of noise than residential o ones, but he adds, "It is my opinion and observation we will see more and more regulation z with regards to noise." Balancing your right as a business owner to run your carwash optimally and your neighbors' rights to some peace and quiet is a tough act. Still, even if you're willing to take your chances with the neighbors, you should not be taking chances with your employees and customers. As Stephens explains, "Safety for employees and comfort for customers has become an issue that is not ignored like it once was. [Speaking] as a 37-year veteran of this industry, hearing loss is something that we are much more aware of. Noise truly is a danger, both to your health and to the quality of life. A little bit of planning can save you a lot of headaches and money in the long run." As such, the consensus among industry experts is to be proactive in reducing noise levels from your property. After all, if you do end up being cited, you will have to take many of the following measures anyway. The main culprits "Too much noise, particularly coming from air dryers or vacuums, can be a major irritant to area homeowners by interrupting their quiet neighborhoods," Levy notes. Blowers and vacuums are both essential to your carwash business, but they are also the biggest noise -makers. So, what can you do? now that are engineered for sound control. Some are manufactured without any sound containment around them and will meet or exceed national or international sound requirements, he adds. Related: The importance of sound suppression in dryers However, in the case of existing carwashes, Stephens explains, "All washes can retrofit for some form of sound reduction or containment. It can be as simple as a change of equipment, which can be accomplished in a few hours, or construction of sound rooms, which can take weeks." McKenna also recommends using variable frequency drives (VFDs) with your blowers to help reduce noise, since they regulate the power going into the blower. With less power, there will be less motor drive, less air intake and, consequently, less noise. While Stephens says that you can also encase a drying system in its own room, he claims the most effective solution is simply to buy an engineered quiet drying system. As far as a central vacuum system is concerned, McKenna says that the best way to reduce vacuum noise is to seal off the vacuum room and put soundproofing inside the walls, like one would in a music studio. Once you've sealed off the vacuum room, the only noise you'll hear from the vacuums while outside is the suction of air through the hoses, and even that is reduced when the hoses are in their holsters. Finally, McKenna and Stephens both agree that hydraulic power packs are another heavy noise -maker at a carwash. As such, McKenna recommends using electric motors instead — and as an added bonus, you won't have to deal with using oil. Creative solutions McKenna has firsthand experience dealing with noise complaints. Two of his carwashes have been cited with noise violations in the past, and one even got dragged into state court because of it. As a result, he had to do a sound test and comply with open- versus closed - window variables as well as summer versus winter variables. Having gone through the sound -testing rigmarole, McKenna enacted every out -of -the -box solution he could think of to make sure his carwashes passed their noise tests — and he eventually succeeded. For example, in addition to purchasing quiet dryer systems and isolating and soundproofing his vacuum motor, McKenna also coated his tunnel with a stucco -like wall shielding that is commonly used on highways and roller coaster tunnels. "You'll be able to pick up three- or four- or five -decibel noise reductions by coating your walls around where the blower is, if not the whole tunnel. That's a $30,000 to $50,000 investment, depending on how much you use," he explains. Stephens adds that having doors operate between washes is another option for lessening noise. Another common noise -cancelling solution that carwashes use is landscaping. According to the article "Landscape noise reduction" by Maureen Gilmer on www.landscapingnetwork.com, there are four ways in which you can help cancel out noise L • Sound absorption • Sound refraction • Sound deflection and reflection • White noise. Sound absorption and sound refraction both involve using plants. According to Gilmer, all parts of a plant, from bark to leaves, will absorb sound. Therefore, planting rows of hedges or thin evergreen trees can help prevent sound from leaving your property. However, when choosing plants, make sure to choose something that will close gaps and grow close to the ground, since sound will escape through areas where the plants do not grow. One commonly used hedge is a boxwood. Sound refraction refers to how noise is dissipated when it strikes a rough plane, Gilmer notes. As carwash exteriors become sleeker with more modern designs, they may actually exacerbate noise. As such, coating walls or the ground in flora will help a carwash lot reduce the din. Sound deflection and reflection involves installing a wall around the property to reflect the sound back at the site or deflect it in different directions, Gilmer writes. The denser the material (such as masonry versus wood), the more sound will be reflected; the more flexible the material (such as fiberglass or corrugated metal), the more it will be deflected. You can combine greenery with a wall to help absorb, deflect and refract noise. The final option, Gilmer notes, involves a different strategy from the above three: creating a pleasant white noise to mask the undesirable clamor. For instance, water features that make loud splashes are a typical example of white noise, but plants — such as pine trees — that rustle loudly in the wind can also be used. A small water feature may prove practical for your waiting area, if you have one, to distract guests from any noise on the property. Being proactive When looking to build a new carwash, site selection and design are critical for multiple reasons. Your design process should consider the area in which the lot is located and be optimized to best fit in with what already exists around it. Of course, this extends to traffic flow and curb appeal, but be sure to take noise into your site design considerations as well. "Understanding the demographics the carwash is being built in is an important part of winning over the community and creating goodwill even before attending any zoning board approval meetings," Levy concludes. "Many locals think of carwashes as creating noise and traffic problems. Of course, this is not true, but getting to know your neighbors prior to any zoning town hall meeting could go a long way. When attending the zoning meeting, be prepared to illustrate why there will not be any offending noise. Be prepared to illustrate the overall noise decibel level to pacify anyone with concerns." In this article: dryers, vacuums ICK TO