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HomeMy WebLinkAbout02-23-2022 BOA AgendaPUBLIC INPUT The heading on Regular Meeting agendas 'Public Input -provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT MEETING pgs 7-11 A. Approval of Minutes — May 12, 2021 Board of Adjustment Meeting B. OUASI-JUDICIAL PUBLIC HEARING Adopted Ouasi-Judicial Public Hearing Procedures: Chairman opens hearing Attorney reads title of request Board discloses ex parte communication or site visit City Clerk swears in all who intend to provide testimony Applicant makes presentation Staff presents findings and analysis Board asks questions of the applicant and staff Chairman opens the floor for anyone in favor of the request Chairman opens the floor for anyone in opposition of the request Applicant provided opportunity to respond to issues raised by staff or public Staffprovided opportunity to summarize request if'needed Board deliberations and questions Chairman calls,for a motion pgs 12-22 i. AMH INVESTMENTS, INC. REQUESTING A VARIANCE FROM SECTION 54-3-15A(5)A.(v) TO ALLOW AN EXISTING MIXED - USE SITE, CONSISTING OF MULTI -FAMILY UNITS AND RETAIL LOCATED AT 1201 INDIAN RIVER DRIVE, TO BE ABLE TO PURCHASE REQUIRED PARKING SPACES THROUGH THE PARKING -IN -LIEU PURCHASE PROGRAM, WHERE THE CODE EXCLUDES RESIDENTIAL USES FROM USING THE PROGRAM (Transmittal, Report, Exhibits, Application) 9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE 4* THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items coxless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input of a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising h vIlaer hand to be recognized. CnJ SEB`ST�M HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached May 12, 2021 Board of Adjustment minutes were approved at the February 23, 2022 Board of Adjustment meeting. Chairman Jim Hill ATTEST: Jeanette Williams, City Clerk Regular City Council & BOA Meeting May 12, 2021 Page 6 Roll call: Mayor Dodd Vice Mayor Hill Council Member Jones Council Member McPartlan Council Member Nunn Motion carried. 4-0 - aye - absent - aye - aye - aye 11. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:34 p.m. A. Approval of Minutes —April 28, 2021 Board of Adiustment Meeting /1 MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the April 28, 2021 Board of Adjustment meeting minutes passed with a unanimous vote. (4-0) B. QUASI-JUDICIAL PUBLIC HEARINGS i. VARIANCE EXTENSION REQUEST - SEMBLER MARINA PARTNERS, LTD., IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), HAS REQUESTED AN EXTENSION FOR A VARIANCE THAT WAS GRANTED ON MAY 8T", 2019 TO ALLOW MEASUREMENT OF THE PROPOSED RESTAURANT BUILDING HEIGHT TO BEGIN FROM THE FINISH FLOOR ELEVATION INSTEAD OF THE FEMA BASE FLOOD ELEVATION, AND WHICH VARIANCE WAS GRANTED CONDITIONALLY THAT CONSTRUCTION OF THE RESTAURANT BUILDING MUST BEGIN WITHIN 24 MONTHS FROM DATE OF APPROVAL. CONSTRUCTION HAS NOT BEGUN AND THE APPLICANT IS REQUESTING A TIME EXTENSION. (Transmittal, 2019 Order, Email Request, Timeline, 2019 Minutes) (PJ Ad 4/27/2021) Chairman Dodd opened the hearing at 6:34 pm and the City Attorney read the title of the extension request. Chairman Dodd and Mr. Nunn said they drove by the site but didn't get out of the car. The City Clerk swore in all who would be providing testimony. Ryan McLean, MBV Engineering, Inc., project manager said construction has not begun because of the lengthy permitting process; he has been working diligently and asked the board to grant the extension on the project which has been previously approved. The Community Development Manager briefly went over the 2019 order where the first three conditions have been met; the use has not changed; it is just condition number four that hasn't been met because as they have been going through the development order, issues have come up that require another revision and review. The applicant did ask for another extension and staff feels 180 days would allow staff to continue the review to get the site plan before the Planning and Zoning Commission. 6:38 pm Regular City Council & BOA Meeting May 12, 2021 Page 7 Chairman Dodd asked if the variance would carry into the construction phase. The Community Development Manager replied the intent was to hopefully get the site plan approved by the Planning and Zoning Commission, then the applicant would get the building permit in and begin construction within 180 days. Mr. Jones asked the applicant what assurance the City had that the project will go forward. Mr. McLean said he and the owner have invested a considerable amount of time and money in the project and plan to continue full speed ahead. There was no one to speak for or against the extension request. Chairman Dodd closed the public hearing at 6:45 p.m. MOTION by Mr. Nunn and SECOND by Mr. Jones to grant the extension request for another 180 days from the date of granting the extension today, May 12, 2021. Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd -aye Vice Chairman Hill - absent Motion carried. 4-0 ii. VARIANCE APPLICATION - SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), AND WHICH STRUCTURE IS LOCATED WITHIN A FLOOD HAZARD AREA AND REQUIRES A BUILDING PERMIT, IS REQUESTING RELIEF FROM FLORIDA BUILDING CODE SECTION 1612.4; WHEREBY THE MINIMUM ELEVATION REQUIREMENT FOR A BUILDING LOCATED IN A COASTAL HIGH HAZARD FLOOD ZONE IS BASE FLOOD ELEVATION PLUS 1 FOOT TO THE LOWEST HORIZONTAL MEMBER OF AN EXISTING STRUCTURE THAT IS BEING SUBSTANTIALLY IMPROVED. THE BOTTOM OF THE LOWEST HORIZONTAL MEMBER OF THE EXISTING STRUCTURE IS +7.6 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff Report, Exhibits A-E, Application) (PJ Ad 4/27/2021) The City Attorney read the request and Chairman Dodd opened the hearing at 6:48 p.m. There was no ex-parte communication or site visits to disclose by the board members. The City Clerk swore in all who would provide testimony. Ryan McLean, MBV Engineering, Inc., civil engineer for the project, said at the time of construction, FEMA, flood zone, and building code requirements were at a different state; now when developing in a velocity zone, the structure carries the traditional elevation plus an additional one foot over the free board over the lowest structural member. In this case the lowest structure is at elevation 7.6 and he has provided documentation stating there is no structural concern and he supports staff's recommendation. Regular City Council & BOA Meeting May 12, 2021 Page 8 6:54 pm The City Manager stated that staff recommended approval but wanted the board to be aware that they were not sure what effect this will have on the City's community rating system which provides insurance reductions to numerous residents in the City. The Building Official explained the City participates in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS) so that residents may be eligible for discounts of up to 20% on their flood insurance premiums. Although the code provides for variances, it is highly discouraged because this might affect the City's standing with the Community Rating System. He said the proposed restaurant is a substantial improvement meaning its value is more than 50% of the existing structure without the land so the structure must meet the base flood elevation plus one foot of free board which is .4 ft. too low to comply with current code. It would be infeasible to elevate or relocate the structure which is what NFIP would recommend and is deemed uninsurable by the CRS. The Building Official explained the City would not have to include anything uninsurable upon CRS recertification and the owner will have a hard time obtaining flood insurance and if he did, it will be extraordinarily high. The City Manager said staff didn't have a good feel of how this might affect the CRS rate but they might be able to recover a lost point or two with additional work. The Building Official said Rebecca Quinn, consultant for the state, did advise that there is an avenue the City could pursue. There was no one to speak in favor or against the variance request. The Building Official said since the structure cannot be relocated or elevated and it is only encroaching 4 and % inches into the extra foot of free board that wasn't required in the 90's when it was built, he felt it was structurally sound; and as long as it didn't hurt the City's NFIP and CRS ratings he felt the City was in good shape. The City Attorney asked that staffs three conditions noted on page 203 be part of the motion and the staff report and application would be made part of the record. The City Manager asked the time period start 180 days from today. MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the variance and request in conjunction with the previously approved extension with staffs three recommendations: a. Should the building become substantially damaged or substantially improved, as defined by the Florida Building Code, this variance will no longer be in effect. b. Proof that the variance is recorded by applicant in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land. c. Variance shall remain in effect provided construction has commenced within 180 calendar days from the date the variance is granted. Regular City Council & BOA Meeting May 12, 2021 Page 9 7:21 pm 7:27 pm Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd -aye Vice Chairman Hill - absent Motion carried. 4-0 12. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 7:02 p.m. 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS A. Recommendations of the 2021 Charter Review Committee Committee Presentation of Proposed Ballot Questions #1-8 Charter Review Committee Chair Beth Mitchell stated the committee met for approximately five months; the 15 members were a great representation of the citizenry who took the review very seriously with interesting input amongst the committee members. (See attached highlighted changes) She introduced Sherrie Matthews who stated there was some great debate and briefly described the changes proposed to Sec. 1.02 and Sec. 2.02. Patti Sullivan explained the proposed changes to Sec. 2.06 and Sec. 2.08. John Christino explained the proposed changes to Sec. 2.12 and Sec. 4.01. Chair Mitchell finished up the presentation by explaining the proposed changes to Sec. 4.12 and Sec. 4.14 and asked Council to forward the proposed questions to the electorate. She thanked the Charter Officers and staff of the Clerk's office for their work on the review. The City Attorney cited Code Sec. 5.03, "... The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose." Mayor Dodd asked if the word criminal could be added to the ballot question on page 243 to trigger a suspension hearing based on a criminal misdemeanor charge. The City Attorney advised that at this point, Council could accept any or all of the committee's recommendations but not make any changes. Council Member Nunn noted for clarity, the key word may in the phrase may be suspended might give Council the right to suspend them if it is not a criminal misdemeanor. Mayor Dodd asked to move the proposed amendments forward individually so they might discuss them at that time. CM l� SEB�T, HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meetina Date: February23, 2022 Aaenda Item Title: Bruno Mixed -Use Parking -in -Lieu Variance Request Recommendation: Conduct a quasi-judicial public hearing to consider a variance request for the property located at 1201 Indian River Drive Backaround: A variance application has been submitted from AMR Investments, Inc., the property owner, for relief from Section 54-3-15.4(5)a.(v) of the Sebastian Land Development Code to allow an existing mixed -use site, consisting of multi -family units and retail, to be able to purchase required parking spaces through the Parking -in -Lieu Purchase Program. The code excludes "residential and multifamily uses" from using the program. The code does not address how it applies to mixed -uses that contain a residential component. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with the Board's consideration. If Aaenda Item Requires Exaenditure of Funds: Budgeted Amount: Total Cost: N/A Funds to Be Utilized for Appropriation: Attachments: 1. Staff Report with Board Criteria for Determining Variances 2. Exhibits A and B 3. Application Administrative Services Departmont ReviejaL City Attorney Review: Procurement Division Review, if ppli le: City Manager Authorization: / �n Date: Z XJ 11 ` OM1 Y SEBASTIAN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Bruno Mixed -Use Parking -in -Lieu Purchase 2. Requested Action: A variance from Section 54-3-15.4(5)a.(v) to allow an existing mixed -use site, consisting of multi -family units and retail, to be able to purchase required parking spaces through the Parking -in -Lieu (PIL) Purchase Program, where the code excludes residential uses from using the program. (Exhibit A, Code section) Project Location a. Address: 1201 Indian River Drive b. Legal: IRC Tax Parcel ID No. 31-39-06-00000-0050-00007.0 4. Project Owner: 5. Project Agent: COMMMENCE AT NW COR OF GOV LOT 5, RUN SLY ALONG W BDRY 382.06 FT TO S R/W LINE OF MAIN ST; WHICH HAS 80 FT R/W; RUN N 83 DEG 25 MIN 31 SEC E 179 FT TO IRON PIPE AT SE COR OF NEW US #1 HWY & MAIN ST; RUN ALONG NE E R/W OF NEW US #1 HWY S 17 DEG 29 MIN 29 SEC E 395.90 FT TO AN IRON PIPE; N 73 DEG 08 MIN 31 SEC E 205.00 FT TO A CONCRETE MONUMENT FOR POB: RUN S 17 DEG 29 MIN 29 SEC E 120.00 FT TO CONCRETE MONUMENT ON N R/W LINE OF WASH PL; ALONG N R/W LINE OF WASH PL N 73 DEG 08 MIN 31 SEC E 66.70 FT TO CONCRETE MONUMENT AT COR OF WASH PL & OLD US #1 HWY; ALONG W R/W LINE OF OLD US #1 HWY N 25 DEG 29 MIN 29 SEC W 121.48 FT TO CONCRETE MONUMENT; RUN S 73 DEG 08 MIN 31 SEC W 49.70 FT TO POB AS R BK 55 PP 113 AMH Investments, Inc. Robert & Juliet Bruno 1831 Sandalwood Road East Vero Beach, Florida 32963 (772)633-2406 N/A 6. Project Engineer: Todd N. Smith, P.E., Inc. 1717 Indian River Boulevard, Suite 302 Vero Beach, Florida 32963 (772)559-3699 Project Description: a. Narrative and history of proposed action: AMH Investments, Inc., owner of the property located at 1201 Indian River Drive, is requesting a variance seeking an exception to LDC Section 54-3-15.4 Parkine requirements to allow their mixed -use development to participate in the PIL Purchase Program. In 1999, a site plan was approved for a renovation to the building located on the subject property to include 4 multi -family apartments and 581 SF of retail space. Additional parking was necessary, but at that time, the Parking -in -Lieu Purchase Program had not yet been established. The property owner also owned commercial property located at 1208 U.S. Highway #1 (Brick building and satellite repair business), which had extra parking, so the two sites were combined (Exhibit B, 1999 site plan). Presently, the property at 1208 U.S. #1 now has a different owner, and the two properties have become separate sites again. This disconnection requires the subject property to address its parking deficiency. The owner of the subject property, has provided a revised parking plan which will incorporate an additional parking space onto its site (now 5 spaces), and is requesting to purchase the remaining four required spaces through the Parking -in -Lieu Program. If an exception is granted, the property will be able to purchase the required spaces and bring the mixed -use development into compliance. b. Current Zoning: RMU (Riverfront Mixed Use) Current Land Use: CWR (Commercial Waterfront Residential) C. Adjacent Properties: Zoning Current Land Future Land Use Use North: CWR vacant motel - RMU Harbor Lights East: CWR residence RMU South: CWR commercial - RMU Washington Plaza West: CWR office RAM d. Site Characteristics (1) Total Acreage: .16 acres, or 6,970 SF (2) Current Land Use(s): Multi -family + Retail (3) Water Service: County Water (4) Sanitary Sewer Service: County Sewer S. Staff Comments: 1) The subject property, when developed in 1999, established parking on a non-contiguous parcel, which has ultimately restricted the ability of multiple properties to expand or redevelop. This is not consistent with the goals of the Community Redevelopment Area. 2) The parcel that contained the additional parking has been sold and the parking was removed to allow for redevelopment of that property. The subject property is now out of compliance with Section 54-3-15.2 Parkine spaces required by use. There is insufficient property on site to add the required parking, and the option to allow for a variance for this property to use PIL may be the only solution at this time. 2 9. Board Criteria for Determining Variances: See attached analysis. This criterion was considered in determining staff's recommendation. 10. Staff Recommendation: Based on existing Comprehensive Plan policies, goals of the Community Redevelopment Area, and the criteria for determining variances being met. staff recommends annroval of the requested variance. If the variance is granted, an ensuing Parking -in -Lieu Purchase Agreement would also need to be approved by City Council. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variances. Dom Bosworth, Manger/Planner 3 allLfla a Date BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5(c)(2) In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of snecial conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes 4 No ❑ The building was constructed in 1974 as a funeral home, and is grandfathered with regards to setbacks and other zoning district requirements. Because of its age and size of property, special circumstances exist for this parcel. As such, when the property was redeveloped in 1999, it used a shared parking plan to meet its parking requirements to convert to a mixed use. However, this particular plan ultimately restricted further redevelopment of the involved properties. In 2010, the City created the Parking -in -Lieu Purchase Program with the intent to help facilitate the redevelopment of properties with similar circumstances as the subject property. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. / Meets Standard Yes g No ❑ Special circumstances created by the original construction, or size of the lot do not result from the actions of the applicant. C. SDecial DrivileLles not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. / Meets Standard Yes No ❑ Purchasing parking through the PIL program is available for all properties zoned CR and CWR. This is a mixed -use property zoned CWR. Not approving the variance may prevent involved properties from redeveloping, which was not the intent of the Purchase Program. 0 d. Hardshiu conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes f7 No ❑ Consideration should be given that this is a mixed -use property. The code specifically created an exclusion for residential and multifamily uses, and its application certainly should be applied for a property with just that single use. However, the code does not address how it applies to mixed -uses that contain a residential component. If the variance is not granted, the property will be in non-compliance with its parking requirements, and redevelopment opportunities will be restricted. e. Only the minimum variance eranted. That the variance granted is the mini num variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yesi No ❑ Granting a variance and allowing the property to participate in the PIL Purchase Programs is the minimum variance necessary. f. Not iniurious to uublic welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes No ❑ The granting of the variance would not be considered injurious to the public welfare, to the area involved, or surrounding properties. Allowing the involved properties to be able to redevelop was the intent of the PIL Purchase Program. E. Conditions and safeguards may be imaosed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes Sr No ❑ There are no recommended conditions of approval. 5 h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes 'S/ No ❑ No time limit is being proposed by staff. The applicant wishes to purchase the spaces immediately if the variance is granted. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. ` Meets Standard Yes �/ No ❑ The variance as requested is not a use -related variance. Exhibit A Sec. 54-3-15.4. - Parking requirements. (5) Within the commercial waterfront residential and commercial riverfront zoning districts the following shall apply: a. Increases to the floor area of an existing building, construction of a new building having greater floor area or a change to the approved uses in an existing building, the parking requirements of this section shall apply. In lieu of meeting these requirements, owners or developers in the community redevelopment area (CRA) shall be allowed to purchase required parking spaces by paying a fee in accordance with this subsection (5). (i) Establishment of riverfront parking trust fund. The riverfront parking trust fund is hereby established to receive the fee paid by developers in lieu of providing on - site parking necessary for a project and shall be used only to develop and maintain public parking within the community redevelopment area east of the Florida East Coast railroad tracks. This program is available to commercial users and properties within the commercial riverfront (CR) and commercial waterfront residential (CWR) districts only. (ii) Establishment and calculation of trust fund spaces. The fee amount shall be calculated on a "per space" standard. Fees shall be determined by the city based upon the cost of design and construction per parking space. If the city purchases additional land to be utilized as public parking, then the costs shall include the acquisition costs. These fees will be adopted by the city council and may be amended from time to time by resolution. (iii) Maximum. The maximum number of spaces that may be purchased in this program is 30 per development. (iv) Nonexclusive use. Any public parking utilized in this program is not assigned to .a business or to be reserved in any manner. Participating in this program confers nO rights upon the business to place any advertisement, notices or signage upon the parking spaces the city expressly retains all such rights. (v) Exceptions. Residential and multifamily uses are excluded from utilizing the parking trust fund to meet their parking requirements. Exhibit B NWLY Cat GOYS `a-� • . ' 1 , ' `{ SEC S, 7«P. 319 R4C 3AE,+ yj _ yyt - - gq _- "��'r`"�"amJ ^ s J SEBASTIAN d l / �G.AL. DESCRIPTION: PARCEL "A" , .,. ' ` IY PARK - - {. ♦ D N P L A J T E D �arrOM1t�� recfxded in O.R. Boon 446, Pog¢ 258, Indian Riwr County, Flgritlo Public Racorde 4. R. 5 / - tram �}`lfdf$hW01 F�gier-p{ (rpvgm'fnanE 7.ot 5, Section 6, Tawncfilp 31 South, Range 39 East, Indian River County. Florida; run Southerly- F e • 12 76' 24' 31 • y,, J I of ,D.eOfl ql�f OF eRld Si'ovar mlent' Lot 5 a distance of 3B2.06 feet to the South righk-of way line of Main Street; thence .�•� '1' I i • P O - '- - - - 114.9T r :fldl 31 $p¢l along%*Id South rleght-of�way line o dlslanae of 179.00 feet to an iron pipe at the Southeast comer Df ,u.a• - - 4� ti1N l�i a• Aidin $ttidt; thanf:y South 9T 29' 2H` Eaq along said East right-of-way o distance of 203.40 feet to N' Q�Kx�d ` r. e, EX. DIRT DRIVE In1R �N1+tnge'Fraym 1T .2B'-29r' Eoat along the Eaet boundary of U.S. Highway No. 1 o distance of 192.50 feet; m e' ax,c TO BE ABANODNED��) I •."( °A1Q'1 , Edst a dlstgnce of 127.35 feet; thence North 21' 22' 36' West a dlatance of 186.51 y3, IaELDuITe PACK EOy� 7}. Sl Rrs7ft" a' dlet'�$ce of 11.4.97 feet to the point of beginning. �^? w1EE1, STOP fTYPJ I I Tp THIS Lf1CATIDN t S Y 7 RB aanff -, t!71 Ex Estop -cos' ' -1 1/4' TYPE S-t0OO^Oy SPHALTIC CONCRETE`F 9 j121a ! /I272 4 �V !� rc 0 H �� F,F.E-1S10 e'ta' . vq•Ui . •,L i 32.0 sy ° !.° m I 1 t e„IN II `a( u P _ r /// ps•. 1 NEW PA V EN Z ,ta.' EX. CFNJC PARKiNC ' I$P�Y/ ,"' •' - V L❑CATI❑N MAP_ - . k' Ml2f YRpppD FEKfi.E nM,Tlurf s19Es Y7 6' LIMER LK OR COQUINA ROCK sEE HATCH °L a1 1 - / GA76ssg�M. b��,-• F-P.ETE COMPACTED TO A MIN. OF 98% D'Rwl "' Ep� t7 s1�`� -' V.fi OF MAX, DENSITY PER AASHTG -OWNER �_ Q C ' � MDfE M13 PAVEMEMf « - yL , �' �."HI . pF PLACEMENT nil T-1B0 { ���irBvclJ' ROBERT AND JULIET BRUNO �itar%e `. «�- a b COCA Mr,M -',�S' - DATA /� JUL 2 1999 + i 4 `( Tu 70 THIS LOp.T131 - B' SUB -GRADE STABILIZED TO F.H.V. SITE D A I A f 1820 E. SHELL LANE C' '� CONIC i D A. TD F•,B-•i7. , < < 1as. 1e• - u g FLUME � OF 50 P.S.I„ COMPACTED TO A MIN, {I e' _ _ - f •r J �- ` FS I .Zty PER•AASHTP OF 98% DF MAX. DENSITY PER AASHTO 2. FLOOb ZONE, X MAP N0 1206TE�0077F DATED 7/2/gl_____ VERO REACH, L. 32963 = s>' s r el_" A i }(��p• .'!� •I,•=r TO A M , 561-581-0044 & j a' i.• ��'• 7-I80 _ 1. ZpNIT CL LAND USEf COMMERCIAL _ ' 3. AREA LALLULA710NS� (PARCEL 'A')I 2 LEGEND �� �� .t " ' ' '. R E `T E ASPHALT A. .TOTAL SITE AREA. 22 680 SF = 0,525 ACRES. s j - B. TOTAL E%. hLD'G AREA. 3,a27 SF = 15.0% * " "I j�I :.ALTERNATE PAVEMENT DETAIL C. T13TAL EX. PAVED AREA n 2,825 SF 13e' 1' 4e d NGT TO SCALE D. NEW PAVED AREA = 3,740- SF 18.2 EXISTING SPOT ELEVATION Y i I1 �IPv 3.ej - F. TOTAL PROPOSED IMPERVIOUSF_ TOTAL PROPOSED PAVED A AREAS=g9992' SF =X43,7% Jf _ I lY 2 S/arr ewrcw TEST / G. TOTAL PROPOSED GREEN AREA' _ ]2,888 SF 56.3Y. PROPOSED SPOT ELEVATION / , 1 Site yL� y f h i pave Ex c'ava g 4. PARKING CALCULATION, IMw'15( EX. WOODEN POWER POLE ser x a(N TOA/Y;Au St,, _ MUN r'LdOR EL=1e.es �i A ew_ PARCEL -'A' WITHIN DEVELOPMENV.. LIMITS a.-rs.13 ruT M.sv.o. -� DRAINAGE FLOW. _ 3s«6' A` SYA{E A• SPACES RE-0'D 1,149 SF RETAIL 'X 1 SPACE/200 e.« rg.4• , 4,� p^^^ / + 1AULTI-FAMILY UNIT. X 2-SPACES = 9 �PAEES TRAFFIC FLOW L(MITS DF Z1 r ' ).,/ VAR¢s B. SPACES.PRpVWED'= 15'SPACES =t - DEVELOPMENT �' mint 9Au -}30 w - HANDICAP SPAS 1 C CALCULATED. C s(A,t.T . �VNDE« A' 13' s• REGULAR SPAC S - 14 m Wit - f4.as G, . �. GRADES PER % /( i i PARCEL 'B' D DEED DESCRIPTION ' , 'Ex 5✓'K,g7 / - AN sRORMYATER t le' W�TgN sraervATE« Maxr TRACT _ A. SPACES REQ'D = SfO SF RETAIL % 1 SPACE/2d0 PO C POINT OF COMMENCEMENT �- _ TRACT s/ �n �MK' LIMITS OF A` - + 4 MULTI -FAMILY UNIT' X 2SPACES 9] SPACES POB POINT OF BEGINNING ^ DEVELOPMENT .,Iy' ql B. SPACES PROVIDED = 4 SPACES Ny Ea '!L-. - •?_J} HANDICAP. SPACES ='99'1 o, 9 rru.r / ADDITIONAAL7ASPACES EPROV,IIJED ON PARCEL -'A' OHW OVERHEAD WIRES fYr ,¢ /jam ' 3 E%. PALM w .,N 2c./' , , 4v / _ V3 �s 1 \ 4 5. TAX PARCEL NUMBER PARCEL 'A.. 66-31-39-0°000-0050-00°1110 > 10' HEIGHT i. i `I• ` �� / I° tjp� IMTCA M 9 1y G. TAX PARCEL NUMBER PARCEL 'B'. 06-31-39-00000-0050-000074 NEW LIVE 'OAK (2 TOTAL) PARCEL "A" ! / .. .i. ,,..' • ' - - 'f= 1 L- I_ 8' HEIGHT O PLANTING A -t y, Ex r SMORY CBS °i �• - /- '"`� 3 'I` j ' LANDSCAPE DATA H saint: ,l A O.R.B. 446, PC. 258 i EX. OAK peas (AD ! 14)l > 8' HEIGHT f^: .... .,.. 22S0. FT. 1 e' 0.525 25 AC. +/- JrF � . ; �)?% - 1. CANOPY TREE REQUIREMENTS. PARCEL 'A'� _ �}y EX. 27" MANGO TREE AACWR '}t -s,- 'ri �; A. µS. I RO.W. = 35 X 1 TREV35' 'X'A25 2 TREES' _ ••�-4-d='!`->-iD:--FiEJ9N7 �..__. - f- •W ^ .-�. - - • - U N.R! A•,'Y' V,f D _- _.-. - ._- B. NORTH PROPERTY LINE = 78' X 1 TREE750' % 1,25 - 2 TREES .. - y-�- ' yl� ••�..,..�_---- -. -,� PROPERTY LINE = 65'-, K -1, T /,;?Q.;; X_ },25� s2-TREES. - 3e.r' NEW SHRUBS (30" pp C. r'.r „�g �' - ^ J �..c; ''- - -'- 11 S- 7H PROPERTY, LINE''-`62' SC 1ARE/SOrX 1.25-=• 2 ,REFS �- 24" HEIGHT ®PIAMIN� c''+"�� aNW 3-�' /aE N 73' OB' 31` E E. INTERIOR LANDSCAPING = 10 SF % 15 SPACES = 150 SF ©EX PALM TO BE RELOCATED N 73' 081-31" E i5= 7" "- -+T'1-%^'.: iR• - -- - _ - SECTI❑N A -A I50 SF X 1 TREE/100 $F X 1.23 = 2 TREES 2 TOTAL DfTCN MrP 127.35' - - 1 .or Ts _r F. NON -VEHICULAR OPEN' SPACE = 12,B88, SF X I TREE/2,000 SF X 1.25• N N P L A T T E D - j_ `� a.r.G, UNDERSIDRY TREES = 2,400 SF X. 7I REEYt00 SF = 24 UNDERSTOR,Y TREES �I NEW UNDERS70RY TREE (14 TOTAL) }' hE 1 ` ' p, G. TOTAL .OANgPY TREES REQUIRED =18 TREES 7� G. TOTAL UNDERSTORY TREES-kE(SUfRED 24 TREES WAX MYRTLE OR DAHUNE HOLLY ;t ', , X . A 5 P N A L T H: TOTAL CANOPY TREES' PROVI➢ED = 30 TREE CREDITS 5' HEIGHT ®PLANfTINC ._ _ .I y1, '- _ 1 a. 2 NEW CANOPY TREES LANDSCAPE NOTES �- IZI '° EX. PALMS P A R X ! N G Iro $ (3) 2' - 5' OAKS (3 TREE CREDITS) ^ " '^ ' Y •s �< b ��a b REPAIR CATCH (2) 5' - 10' OAKS (4 TREE CREDITS) (1) DI' - 20' OAK (3. TREE CREDITS) 1. ALL PLANT MATERIALS SHALL CONFORM TO THE STANDARDS FOR FLORIDA NQ, 1 j 'ml� BASIN AS RE0'D (1) 30' OAK (4 TREE CREDIT'S) _ BY CITY. OF SEBASTIAN OR BETTER, AS GIVEN IN THE MOST CURRENT E➢ITION OF 'GRADES AND STgqNDARDS '�' b N. (1) 30' MANGO (4 TREE..CREOfTS). FOR NURSERY PLANTS' PART I AND PART II, STATE OF FLORIDA, DEPARTMEIi7 OFI'41 .�] 1H TOTAL SATISFY CANOPY TREE REQUIREMENT ' AGRICULTURE, TALLAHASSEE, OR EQUAL THERETO. ' 10 TOTAL TOWgRDS SATISFYING U0ERSiTORY .TRFJ:-R UIREMEN7 2, LANDSCAPING SHALL BE MAINTAINED BY AN AUTOMATIC LOW VOLUME SPRINI[LER .ig7,1, 'I s If 1 O i. TOTAL NEW UNDERS7ORY TREES PROVIDED Id TREES a. SYSTEM, WITH E%ISTING WELL ON -SITE FOR WATER SOURCE, IT22D��s•?iea .... C ER❑SI❑N C�NTR❑L 3. ALL LANDSCAPING SHALL BE INSTALLED IN ACCORDANCE WITH CITY OF SE1ASTIAN r�F>EA'¢ - 1 a LAND DEVELOPMENT REGULATIONS AND ORDINANCES., 4. IRRIGATION,CONTRACTOR SHALL VERIFY LOCATION OF EXISTING WATER AND`SEWER _,. a-� {yi AArr+as - , LINES AND OTHER UTILITY LINES PRIOR TO CONSTRUCTION. ., a" '[ awA(I y� THE CONTRACTOR IS RESPgHSISLE FOR PROVIDING EROSION AND'SEDIME{!P CON7ROl. ' 5. ALL ON -SITE OPEN AREAS SHALL HAVE SOD OR GROUND COVER (MEETING TOE w PARCEL :B' tic (-+ GT Q .� 2 DURING CONSTRUCTION USD+G THE Lg7EST. FOOT STIyuD[4RD5, HALE9:FiA'Y, STRAW. DEFINITION OF 'GROUND COVER' AS PER CITY OF SEBASTIAN ORDINANCES) $: 8,890 SO. FT. 1M� ''..a I' 1 m AND SILTATION BARRIERS WILL ' IN$7ALLEII iIItERE' EtaEB; D %Mf NGNT . THESE-..' ALL GROUND COVERS SHALL BE PLANTED IN SUCH A MANNER AS TO ACHIEVE 1007 � - I� �'' T OF"ADaACENT PROPERTY PLIHLiQ; R_ T tIF-tJAY;- 11 GRASSING WL`tSPAS' 1AND OMI'�MTED S. THESE COVERAGE WITHIN 1B0 DAYS. w 1 W �' 1�. < MTATI MAIN IN PLACE AREj GRASSING DR'$RE:AT a. A;DjEGE1 COMPACTED OR UNTIL rW � 9 �1 Z SILTATION AY; WETLANDS, OR O WATERWAYS A 7N{R€AT :TT1�A➢_MGEt17' PROP€RTY PUBLIC - GENERAL NOTES eX. 4' STQRY cgs !S v O RIGHT-OF-WAY; WETLANDS, OR WATERWAYS 60J AWEft7AL BLDC 70 eE CaNYERTED To EN coins PERMITS. 'REQUIRED 2 ALL DONSTRUCTIDN i MATERIALS SHALL COMPLY WITH CITY OF SEBASTIAN LAND DEVELOPMEENNTS REGULATIONS QQ d +NfJL 71-FAARL)e UA715 ., r' B. ALL TRAFFIC CONTROL SIGNS AND MARKING SHALL COMPLY WITH CITY OF SEBASTIAN ENGINII•=RING REQUIREMENTS AND THE KA14UAL OF UNIFORM TRAFFIC CONTROL DEVICES. 1 1!71' - - 1 1 m 1. •CITY OF SEBASTIAN SITE'PLAY APPAOVAL - 3 DENSITY TESTS WILL BE REQUIRED AS DIRECTED BY THE ENGINEER, FOR SUB -GRADE 6 BASF,, THE TESTING LABORATORY - SHALL FORWARD TWO COPIES OF ALL TEST REPORTS TO THE ENGINEER. ALL DENSITY TEST TO BE PERFORMED PER AASHTO-160 METHOD. 4IF ANY UNSUITABLE SOILS ARE ENCOUNTERED UNDER THE PARKING LOT, DRIVE AISLE, AND/JR ST13RMWATER MANAGEMENT TRACT, THEY SHALL BE REMOVED a BACKFILLED WITH CLEAN SAND. a0.1v - - - 5. THE CONTRACTOR SHALL VERIFY THE LOCATION OF EXISTING UTILITIES IN THE FIELD PRIOR TO DEVELOPMENT. - I LEGAL DESCRIPTION: -PARCEL, "B" 6. PAVING SHALL BE IN ACCORDANCE WITH CITY OF SEBASTIAN LAND DEVELOPMENT REGULATIINS - - AN➢ FDGT STANDARD SRECIFICATtON 1991. - f E- �6.70 I' aqA� Per dewrrption centobee to 0.R, Boo« 11e5, Page-176g Indian elm County:F1dddp Put Reoerds 7. ALL NUISANCE EXOTIC VEGETATION AS REQUIRED BY SEBASTIAN LAND DEVELOPMENT REGULATIONS SHALL BE REMOVED ,I .. - ° 7Mn Commencing of the NorihWtel comer of Govemment Lot 5, Section 6, 11--hip 31 South, Range-39'Edll: tljence:T+la-.SoOtherly, FROM THE SITE " e. ALL PARKING SPACE MARKINGS WITH THE EXCEPTION OF THE HANDICAPPED PARKING SPACES'SHALL BE WHITE, , � _ I along the Wed boundary of sold. 130emmenl Lot 5. a 11danee of 382:06 feet ,to the, South.rrghb+of Way Box, of-Mdin-Streat RETRO-REFLECTIVE TRAFFIC PAINT AND IN ACCORDANCE WITH THE FLORIDA INEPT, OF TRAN�ORTA7ION'S STANDARD which has an 80 foot right of wag thence North 83' 25': 31" East along sold Street line,a dNtoncu of'179,00 teak to •an. SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 1996, SECTION 710. - Iron, pipe at the Southeast comer of New U.S. Highway ,f and Mein Street, thence„along the: Eust'Hght,-of Way pf Nqw U.S. 9. SOD ALL GREEN AREAS ON SITE, UNLESS NOTED OTHERWISE. Highway #1, South 17'.29' 29" East a distance of 395,90 feet to an Iron pipe; thenae•.NortN 73' OB'.3� East o distonco 10. ALL PARKING SPACES SHALL HAVE A PRECAST CONC. WHEEL STOP. HANDICAP SPACES SHALL BE PROPERLY of 205.00 (set to o concrete monument -far Poblt of Beglnriing, thence South .1T 29', 29` Ea91 a. dletanae of, }2a0O. feet. SIGNED AND MARKED IN ACCORDANCE WITH FOOT INDEX ND. 17346. - "O"" _ _ to a concrete monument on the North right of way One of Washington Place: therice'along=the North right of way fineCC- 11, THE CONTRACTOR SHALL INVESTIGATE SOILS AT THE 'PROJECT SITE PRIOR TO CONSTRUCTION AND REVIEW SOILS REPORT . Woehington Place, North 73. Do, 31" East a distance of 66.70 (set, to a••canaretel monumentatthe. Northwest aamer'of BY KSN_ ENGINEERING 6 TESTING, INC. DATED MAY 11, 1999. Washington Place and Old O.S. Mghway.#I; thence along the Weet dght;of way fine of Old U:S,'MlghWuy /1, NoAS 25. 29"29" - 12. REFER TO SURVEY BY WILLIAM ZENTZ FOR BOUNDARY AND TOPOGRAPHIC INFORMATION, PROJECT NO. 121-001 West a distance of 121.48'feet to a concrete monument; ;ihdnce South 73' 08' 31' West a distanas df 46r.76feet to the ANDPoint of Beginning.' DATED W P 21, 1998 HAT PROJECT NO. 1UTH SI, DATED E EX 9, 1G C WASHINGTON PLACE 13. ALL METE. AS MENT THgT IS ON THE SOUTH SIDE OF THE EXISTING CONCRETE 1N THIS AREA SHALL ONLY HE PAVED WITH CONCRETE. ASPHALT. IS NOTE TO HE USEDp.I� glllL iN y g � - ' 14. EASI TING SEP I[ SYST' �ANORIVHE C�UNTY HEAL7HGDEPTRICK RESIDENCE ON PARCEL 'A' SHALL BE MODIFIED OR RELOCATED 1 7/B/s9 EPRFURIREet1MMYE TTHSE FROM CITY OF SERASTIAN 'r ^ - H _- NGT VALIII WITHOUT_ THE SIGNATURE AND THE '-0.pf«M' - TNS TODD N. SMITH, P.E. = t;r'ae ae =:��: GR'IGINAL RAISED:SEAL of A FLORIDA _ T°°° a "" eL ^"•' LICENSED ENGINEER T4 �- - BRUNO iUL7I.-FAMILY COMPLEX ° �~ 440 11th LANE, S.W. a °"�"+ .. S AY NS:_' ` - VERO BEACH, FL 32962 •�•-$ «"- a �• No. DATE DESCRIPTION Ph. (561) 567-1882 •s < a: e(,°9 P P per y 1««f. T® M. MTK lL "�! /�. • 9eEt i REVISIONS L I' TpAD N ,STJ1.,'P7T'#4'f3 CROP HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32458 TELEPHONE (772) 589-5518 r www.cityofsebosWn.org DENT OP'.NIENTRETTEN 'k PPLIC_1TION ❑ Accessory Structure Reviewed by P\Z ❑ Conditional Use Permit (commercial) ❑ Administrative Variance (Fence or Septic System) ❑ Conditional Use Permit (Model Homes) ❑ Easement (Abandonment) ❑ Board of Adjustment (Appeal) ❑ Special Use Permit\Special Exception p Board of Adjustment (variance) Project Name: Bruno Mixed-1Jse Total Site Area: Acres\SF Parcel ID: 3 1 -39-06-00000-0050-00W 7.0 Address of Site: 1201 Indian River Drive Existing Use: 1'iced-Ltse.4Apts { Retail Land Use: WMI Zoning: Applicant Name: ?ae H In estments. Inc. Roben Bruno Address: 1831 Sandalwood Road East, Vern Beach, Florida 32963 Telephone: 772-633-2406 Email: )uliethiuno(dbellsouth.net Applicant (If not owner, written autborization (notarized) from owner is required) Owner. same as Applicant) IAddress: Telephone: Email: Date Received: 2114 Fee Paid: � Received b FORM D Surveyor: Address: Telephone: Email: Engineer. Todd N. Smilh, l'.E., inc. Address: l 717 Indian Riper Boulevard. Suite 3U? Vcrn Reach. Florida 32960 Telephone: 772-559-3699 Email: iaspclg?bcllsouthmei DESCRIPTION OF VARIANCE REQUEST: iiequest from LDC Section 54-3-15.4(a)(5)a.(v) — To allow a mixed -use site, consisting of multi -family units and retail, io be able to purchase required parking spaces through the Parking -in -Lieu Purchase Program, where the code excludes residential uses from using the program. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type work will be complied with, whether specified herein or not. The granting of approval does not presume to g' e a on to violate or cancel the provisions of any other state or local law regulating construction or the perfo ec o co coon. it name igna to Notary: STATE OF:La�c�� COUNTY: O� TR` 20�Z personally appeared personaOrknovvn, to/me or has Zproduced identification. Type of identification produced: _ 6,lewlTl Area% c I hereby certify that on who is [SEAL] Wllet Pierre -Noel 0 Notary Public ip, State of Florida N Gommisalon Expir®s 06/06/2023 ommisslon No. On m040 FORM D