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HomeMy WebLinkAbout03-03-2022 PZ Agenda�or SE�T�N HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, MARCH 3, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY INEBSITE 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 February 17, 2022 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS • Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; • Staff presentation; • Public input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing - Recommendation to City Council - Ordinance 0-22-04 - Land Development Code Amendment - Definitions relating to junk, land use compatibility, industrial uses, classifications and definitions - Code of Ordinances: Article III Sec. 86-46, 86- 47. Land Development Code: Article IV Sec. 54-2-4.2; Article V Sec. 54-2-5.6, 54-2-5.7, and 54-2-5.13; Article VI Sec. 54-2-6.4; and Article XXII Sec. 54-5-22.2. 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 A. Accessory Structure Review - LDC Section 54-2-7.5 - 520 Concha Drive - 936 SF Detached Garage - Mr. Robert & Joy Cagle 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ADJOURN 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.orcp unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION Please click the link below to join the webinar: httr)s://us02web.zoom.us/i/85295282939 Or One tap mobile : US: +13126266799„85295282939# or +19294362866„85295282939# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 852 9528 2939 International numbers available: httr)s:Hus02web.zoom.us/u/kclMdUAtoo 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES FEBRUARY 17, 2022 Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m. II. Pledqe of Allegiance was recited by all. III. Roll Call Present: Mr. Simmons Mr. Christino (a) Ms. Kautenburg Ms. Kinchen Mr. Carter Mr. Alvarez Ms. Jordan (a) Also Present: Ms. Lisa Frazier, Community Development Director Ms. Dorri Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Mr. Gary Vicars., MIS Technical Analyst Ms. Janet Graham, Technical Writer Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aqenda Modifications Mr. Alvarez announced that Mr. Roth and Mr. Qizilbash have resigned. Together they have volunteered over 21 combined hours of public service for the City of Sebastian. He thanked them for their service and wished them well. This evening, Ms. Jordan and Mr. Christino will be voting in their places. V. Approval of Minutes: December 3, 2021 and February 3, 2022 Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of the December 3, 2021 meeting. All indicated they had. There being no comments or corrections, Mr. Alvarez called for a motion. A motion approving the Minutes as presented was made by Mr. Carter, seconded by Mr. Christino, and approved unanimously via voice vote. Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of the February 3, 2022 meeting. All indicated they had. There being no comments or corrections, Mr. Alvarez called for a motion. A motion approving the Minutes as presented was made by Ms. Jordan, seconded by Mr. Carter, and approved unanimously via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2022 At this time, Mr. Alvarez closed the Planning and Zoning Commission meeting and opened the Local Planning Agency (LPA) Public Hearings VI. Local Planninq Aqencv (LPA) Public Hearings A. Public Hearing -- Recommendation to City Council -- Ordinance 0-22-02 -- Land Development Code Amendment -- Recreation Concurrency -- Sec. 54-3-9.4, Sec. 54-3-9.7, Sec. 54-3-9.8, Sec. 54-3-9.9, Sec. 54-4-18.4., Sec. 54.4.19.11 Mr. Anon read the item into the record. Mr. Alvarez called on staff to give their presentation. Ms. Frazier stated this is one of the first amendments that the Commissioners will be receiving/reviewing of the Land Development Code and/or the Code of Ordinances in conformance with the City's updated Comprehensive Plan. The Florida statute requires that the City update and bring into compliance the City's Land Development Code with any changes that have been made to the Comprehensive Plan. She stated that she has provided the Commissioners with a list of the policies that are being addressed with this Code change (SEE ATTACHED). She stated that staff has recommended deleting the formula in No. 6(b), Nos. 1, 2, and 3 set forth on pages 5 and 6 in Section 54-4-19.11. Ms. Frazier reviewed and explained in detail Ordinance 0-22-02 and the changes that are being proposed and answered questions by the Commissioners. Staff recommends that that the Commissioners find this Ordinance 0-22-02 to be in compliance with the Comprehensive Plan and recommend approval. Ms. Kautenburg: • Wanted to make it clear that each and every lot that is sold in any development will also pay an impact fee, and the developer provides above and beyond what the impact fee covers. Ms. Frazier said that is correct. That impact fee goes into the Recreation Impact Fee Fund, which can only be spent on community and neighborhood parks. If the land is not available, fee -in -lieu can be done, which she suggested goes into the Recreation Fund, and it can be utilized to purchase land or facilities. • Suggested that the word "may" at the bottom of page 6 be changed to "shall" or "shall not." • Suggested that designation requirements be 100%. Ms. Jordan: PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2022 • In the items that staff is proposing to delete, she asked if staff knows that City Council will grant up to 50%. Ms. Frazier stated Council's choices would be open. Mr. Simmons: • Agrees that the formula set forth in Amendment 3, Section 54-4-19.11, Nos. 1, 2, and 3 set forth on Pages 5 and 6 of the policy changes that staff has suggested should be deleted. Mr. Christino: • Suggested staying with 50% across the board regarding dedication requirements for recreation space. • Clarified that when the motion is made for this item, Nos. 1, 2, and 3 as set forth above will be deleted, all other designation requirements will be 50%, and Mr. Carter interjected that, with the exception that Environmental Preserves, No. 5 will be 100%. Ms. Frazier said that is correct. Mr. Carter: • Asked, if these requirements would be for the development's use, the public would not be allowed to use that area. Ms. Frazier said that is possible, but she explained that if those areas were connected off site and had walking paths in them, it would be open to the public. There being no public input on this item and no further questions/comments from the Commissioners, Mr. Alvarez called for a motion. A motion approving Ordinance No. 0-22-2 with removing items 1, 2, and 3 on pages 5 and 6 of the staff Memorandum, as well as changing the 15% to 100% for environmental preserves in compliance with the Comprehensive Plan was made by Ms. Kinchen, and seconded by Ms. Kautenburg, Roll Call Ms. Jordan (a) -- Yes Mr. Alvarez -- Yes Mr. Christino (a) -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor. Motion carries. Ms. Kinchen -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2022 B. Public Hearing -- Recommendation to City Council -- Ordinance 0-22-03 -- Land Development Code Amendment -- Murals -- Sec. 54-5-2.2 and Sec. 54-3-16.3 Mr. Anon read the item into the record. Mr. Alvarez called on staff to give their presentation. Ms. Frazier give the history on how this matter arose. She stated that mural programs are present throughout the state, and they are very popular in downtown areas. It was presented to City Council, and the City Council approved the idea. In order to make this happen, there needs to be some modifications to the Land Development Code, and that is what the Commissioners have before them this evening. She has attached the application program as proffered from the Chamber of Commerce (SEE ATTACHED). There is a representative of the Chamber present if the Commissioners have any questions. The purpose of this amendment is to add the definition of murals to the Land Development Code and then modify the section that exempts signs from the permitting process, which includes murals. She further explained this and reviewed the attached Memorandum from the Chamber of Commerce. The Chamber is going to oversee this program. This proposal has been reviewed for quite some time. Ms. Kautenburg asked if there is a reason why other buildings in the City may not have murals. Ms. Frazier said this program is only available to commercial buildings in the CRA area. That area is much more amenable to sidewalk traffic, and mural programs are typically in areas that are walkable. There are actually mural tours where people go from one area to another to look at the murals. Ms. Frazier announced that there will be an Eau Gallie Arts District Mural Walking Tour on Thursday, March 10, 2022. She has printed out several of these flyers if anyone is interested. She will be attending, and she has invited the Chamber also to attend. Ms. Bosworth explained that there is a threshold where a mural will become a sign. When the business wants to do a mural that advertises its business, it then becomes a sign and is subject to permitting, etc. Ms. Frazier also explained that text or lettering shall not exceed 10% of the area of the mural. Mr. Alvarez asked if a business has a wall and wants to have a mural, they go to the Chamber and present their ideas. Ms. Frazier said that is correct. Mr. Alvarez called for questions/comments from the Commissioners. Mr. Christino: • Asked if this would include the "Triangle" area. Ms. Frazier said yes. • Asked who is responsible for the upkeep of the mural. Ms. Frazier said the owner of the building would be responsible. Ms. Kautenburg: PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2022 • Stated she is highly in favor of this program. She hopes everyone keeps an open mind that it may be expanded in some ways. There being no further discussion among the Commissioners, Mr. Alvarez called for a motion. A motion recommending Ordinance 0-22-03 -- Proposed Land Development Code Amendment -- Murals -- Sec. 54-5-2.2 and Sec 54-3-16.3 to City Council was made by Mr. Simmons and seconded by Mr. Carter. Roll Call Ms. Jordan (a) -- Yes Mr. Alvarez -- Yes Ms. Kinchen -- Yes Mr. Christino (a) -- Yes Vote was 7-0 in favor. Motion carries. Mr. Carter -- Yes Mr. Simmons -- Yes Ms. Kautenburg -- Yes At this time, Mr. Alvarez closed the Local Planning Agency hearing and reopened the Planning and Zoning Commission meeting. VII. Unfinished Business -- None VIII. Public Input -- None IX. New Business -- None X. Commissioner Matters Ms. Kautenburg reviewed that, according to the City's Comprehensive Plan, the City will work toward creating, approving, or developing obtainable shelter. As most are aware, not just locally, but state-wide, and in particular our city, there is almost zero obtainable housing for people working in lots of areas. She further reviewed the research she has done on this subject. She hopes this Commission and City Council will focus on this subject. There was extended discussion among the Commission members and staff regarding this subject, and Ms. Frazier said that this subject is constantly being discussed by staff and the consultants, and it is a very important item. They are discussing an incentive program to present to developers. XI. Citv Attornev Matters -- None PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF FEBRUARY 14, 2022 XII. Staff Matters -- None XIII. Adiourn There being no further business, Mr. Alvarez adjourned the meeting at 7:05 p.m. IN Ift Date: alYaF SEBASTI HOME OF PELICAN ISIAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ® SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ® FAX (772) 388-8248 www.cityofsebastion.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Ordinance No. 0-22-04 - Proposed Land Development Code Amendment - ARTICLE III BY AMENDING DEFESTTIONS RELATING TO JUNK; AMENDING LAND DEVELOPMENT CODE ARTICLE IV BY AMENDING LAND USE COMPATIBILITY; AMENDING LAND DEVELOPMENT CODE ARTICLE V BY AMENDING ZONING DISTRICT REGULATIONS RELATING TO INDUSTRIAL USES; AMENDING LAND DEVELOPMENT CODE ARTICLE VI BY AMENDING CONDITIONAL USE CRITERIA RELATING TO INDUSTRIAL USES; AMENDING LAND DEVELOPMENT CODE ARTICLE XXII BY AMENDING LANGUAGE AND DEFINITIONS RELATING TO INDUSTRIAL CLASSIFICATIONS. DATE: March 3, 2022 Agenda Item Title: Ordinance No. 0-22-04 In accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. Staff has summarized, reviewed and confirmed necessary modification or additions within the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Land Use Element Policy 1-1.3.7: Industrial Land Use Designation. The purpose of the Industrial Land Use designation is to provide strategically located sites for industrial needs and requisite support services. The City's Industrial Land Use may be further designated as Industrial (IND) and Heavy Industrial (HI) in order to support future economic development and job growth. In the past, absorption of industrial land has been relatively slow within the City. Most industrial districts are established locations with existing conditions. Challenges exist for new large scale industrial employers to locate in the City due to lack of adequate parcel sizes, infrastructure, and locations with convenient access to major transportation routes. New industrial locations shall ensure protection of environmentally sensitive lands and protected natural resources. A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of industry. A. Industrial (IND) Land Use designation provides for limited manufacturing and industrial uses which minimize the potential for any adverse impacts upon nearby properties which include: utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling activities; general commercial activities; aviation related industry, services and facilities; support services such as night watchmen or custodian residential accessory uses; and other similar land uses which shall be regulated through appropriate zoning procedures. B. Heavy Industrial (HI) Land Uses are subject to additional protective measures through appropriate zoning procedures. The City will establish separate HI district location criteria and performance criteria that provide a c ASTLA MU 7 HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ® SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ® FAX (772) 388-8248 www.cityofsebastian.org greater separation from impacts to surrounding land uses. Uses permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including: sites which require large surface area, bulk storage facilities, logistic centers/ terminals; distribution centers; warehousing, manufacturing and processing; green technologies and wholesale salvage operations; and support services such as night watchmen or custodian residential accessory uses. C. Locational Standards: 1. Industrial sites shall generally be allocated in areas accessible to arterial roads, rail corridors, or near airport facilities and should be located in more sparsely developed areas. New industrial land use areas shall also be located near existing compatible land uses, separated from residential and institutional areas. Where new industrial locations are adjacent to environmentally sensitive lands and protected natural resources, appropriate buffers and other techniques shall be used to ensure protection of such lands and resources from industrial development. The maximum intensity is 0.5 FAR. 2. The City shall encourage industries that contribute to the City's and local economies of the Treasure Coast and Space Coast. The City shall also encourage green industries (such as recycling facilities) that minimize potentially negative regional impact to theenvironment. 3. The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of industrial land use shall be determined based on the following considerations: • Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; • Anticipated employment generation, floor area requirements, and marketarea; • Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of hazardous by-products; • Impact on established as well as anticipated future development and natural systems; and • Impact on existing and planned public services, utilities, water resources, and energy resources. 4. The City shall prevent nuisance impacts frequently associated with industrial activities by maintaining performance standards in the LDC for managing emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare. 5. In addition to the performance standards identified above, the City shall establish performance standards in the LDC as it pertains to both industrial and heavy industrial districts which at a minimum address, but are not limited to, the following: • Allowable uses • Land use compatibility, buffering and landscaping • Access points, traffic controls, and parking • Signage • Gross floor area, impervious surface ratios • Open space • Character of an area • Locational factors • Environmental impacts • Secondary containment and open air storage facilities. 6. All facilities adjoining or on an airport shall be in accordance with FS Chapter 333 and 330 and shall protect aerial approaches and not restrict or prevent aircraft operations. A first reading of the Ordinance will be scheduled for City Council on March 23, 2022. Staff recommendation: FIND ORDINANCE 0-22-04 IN COMPLIANCE WITH THE COMPREHANSIVE PLAN AND RECOMMEND APPROVAL Lisa Frazier, Director Community Development Department Sec. 86-46. Dellnitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes Impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-airstorage"shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. (c) "Recyclable materials" shall include waste materials that can be used to manufacture a new product or reuse of the material for a similar or original purpose or waste that can be converted into reusable material. Specifically prohibits "Junk" as defined in (a) except for the following: motor vehicles trailers household appliances, scrap metals, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, paper, or any other kind of common household items. Sec. 86-47. Unlawful deposits, exception. It shall be unlawful to deposit, store, or maintain, or to permit to be deposited, stored, or maintained junk as defined in section 86-46 of this Code, in open-air storage :xcept as permitted In the applicable zoning districts. The temporary deposit of junk or reatcling in a location authorized for waste collection is exempted from this section. Sec. 54-2-4.2. - Future land use map (FLUM) designations and zoning districts. Table 4-2-4.2 "Future Land Use Map (FLUM) Designations and Compatible Zoning Districts" references adopted FLUM designations contained in the land use element of the City of Sebastian Comprehensive Plan and identifies corresponding zoning districts which are hereby established in order to implement the FLUM designations, respectively. I TABLE 54-2-4.2"' FUTURE LAND USE MAP DESIGNATIONS AND COMPATIBLE ZONING DISTRICTS Comprehensive Plan Corresponding Compatible Zoning Districts Future Land Use Map Designation I C Conservation C: Conservation VLD Very Low L.:nsity Residential RE-40: Residential Estate RS-20: Single -Family Residential PUD-R: Residential Planned Unit Development LDR Low Density Residential ArL40- ReSid-e- .-:..i kstate RS-20: Single -Family Residential RS-10: Single -Family Residential PUD(R): Residential Planned Unit Development MDR Medium Density Residential RM-8: Medium Density Multiple -Family Residential RM-10: Medium Density Multiple -Family Residential PUD(R): Residential Planned Unit Development MH Mobile Home Subdivisions R-MH: Mobile Home Subdivisions W PUD-MH Mobile Home Planned Unit Development Commercial CR-512 Corridor C-512: C-512 Commercial District C-512 ^I Limited Commercial CL: Commercial Limited ICL PUD C : Commercial Planned Unit Developr- CG General Commercial CG: Commercial General Commercial Planned Unit Development IlPUD(C): 11 Mixed Use 2 RMU Riverfront Mixed Use CR: Commercial Riverfront CWR: RM-8: PUD(R): PUD(C): ML MU Mixed Use MU: CG: PUD C : RM-8: RM-10: PUD R : CL: IN: PUD I : IN Industrial IN: Al PUD(I): Commercial Waterfront Residential Medium Density Multiple -Family Residential Residential Planned Unit Development Commercial Planned Unit Development Mixed Use Mixed Use Commercial General Commercial Planned Unit Develooment Medium Density Multiple-Famiiv Residential Medium Density Multiple -Family Residential Residential Planned Unit Development Commercial Limited Limited industrial Industrial Planned Unit Development Limited Industrial Airport and Industrial Facilities Industrial Planned Unit Development 1N. Limited Industrial Hi: Heavv Industrial Eppifl Industrial Planned Unit Develooment INS Institutional PS: Public Service CON: Conservation NOTE:(1) Manufactured housing is permitted in all residential districts within the city if the units comply with the following standards: 1. City's adopted building code; 2. State mandated criteria governing construction in coastal areas; 3. State of Florida buildings standards of F.S. chapters 320 and 553; and 4. U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards of 1974 (i.e., F.S. § 320.823) The official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the code or any subsequent amendment thereto without duly noticed public hearings as provided herein. When any official zoning map is replaced, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment. Sec. 54-2-5.6. Industrial District (IN). (a) Intent The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on land designated IN on the future land use map. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian within the IN district. Such activities are more appropriately located near major regional transportation facilities within the HI district Sec 54-2-5.7 and PUD ill Sec 54-2-5.13. (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive -through facilities Gasoline sales Crematory Commercial retail with 5 5,000 sq. ft. Pharmacies Medical marijuana dispensaries Commercial amusements, enclosed Storage facilities Plant nurseries Restaurants with or without drive -through facilities Trades and skilled services, including marine -related Wholesale trades and services Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges, public and private Schools, public and private Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman or custodian facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum FAR: 50%. I (2) Maximum height: 35 feet. I No structure shall be erected within the approach zones of active runways on the Sebastian Municipal Airport at a height in excess of those permitted by the FAA or the city council. All structures shall comply with the City of Sebastian Airport Master Plan. (3) Lot coverage: Maximum building coverage: 50%. Maximum impervious surface: 80%. Minimum open space: 20%. (4) Lot dimensions: Minimum lot size:15,000 square feet. Minimum width:100 feet. Minimum depth:125 feet. (5) Minimum setbacks: Front yard: 20 feet. Side interior yard: None. Rear yard:10 feet. No building or structure in an IN District shall be located closer than 30 feet to a residential district. (6) Separation requirements: Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any public school, charter school, private school, daycare or childcare facility. Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any church, playground, public recreational facility or community center. Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from another pharmacy or medical marijuana treatment center, and only one such business shall be located any single shopping center. (e) Processing and storage within the Industrial District. In the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within 200 feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircraft. c!9cL, § 3, 6 13 19 97, 54-2-5.7 Heavy Industrial (HI) la) Intent. The Heavy Industrial I Hli district also serves as the City's heavy industrial development area and is intended to permit industrial and manufacturing establishments of varvinp size. scale and woes: limited commercial and office/medical uses necessary for the vitality of the district may also be provided. (b) Permitted Uses shall be per the IN district. Sec. 54-2-5.6.1bi. (c) Conditional Uses shall be per the IN district, Sec. 54-2-5.6.Ici with the following additional uses: Recvcling and materials recovery facility Conditional Use criteria shall be reserved for determination at time of site plan review and planning and zoning commission hearing (di Dimensional regulations shall be consistent with the standards provided in Sec. 54-2-5.6.Idl and (e) with the following additional standards: No building or structure in a HI district shall be located within 50 feet of a residential district. The minimum parcel size shall be 2 acres. (e) Outdoor Storage. Secondary Containment. and Oven Air Storage All outdoor storage shall include secondary containment meeting minimum standards for open-air storage facilities and industry standards. Screening and buffering to prevent any adverse impacts on adiacent lands and residential areas shall be in conformance with standards established in section 54-3-14.161ci(1i. All business. servicing. manufacturing or processing within 200 feet of a residential district boundary may be outdoors subiect to a Conditional Use approval but shall be effectively screened by a solid wall, fence or natural IandscaoinR orovidina a 90 percent opaque screen clantine so that the materials shall not be visible from the residential district and shall be located at least 50 feet from a public or private right-of-wav and at least 100 feet from any abutting residential use or residentially zoned district. Any outdoor storage shall not be located within 100 feet of the boundaries of the oronerty or within 200 feet of any watercourse. waterbodv, or wetland. In addition, outdoor storage is not permitted in any required street (front) or side vards (No outdoor storar-e shall be allowed in street vards or otherwise forward of the front buildine line]. All outdoor storage shall be screened from view from the public right-of-way. Public parking areas, or adiacent residential development by an opaque wall or fence a minimum of eight feet in heieht. All outdoor storage, secondary containment. or open air storage shall employ Pollution prevention best management practices iBMPsI to minimize the risk of stormwater exposure and the Potential for pollutant transport to anv on -site stormwater management system. to the Municipal Separate Storm Sewer System (MS4). or to surface waters of the state. An annual MS4 small site industrial generator report is required to be submitted to the state. The industrial site's National Pollutant Discharge and Elimination System MDESi Dermit. as required and regulated by the Florida Deuartment of Environmental Protection (FDEP). shall be established and maintained according to the requirements of FDEP. The site's most current FDEP annroved cost -development stormwater aollution prevention plan (SWPPP) or BMP Plan shall be submitted to the OIN Planning Deoartment. All outdoor storage. secondary containment. or open air storage shall employ pollution prevention best management practices IBMPsI in accordance with industry standards for managing emission of noise, air pollutants, odor, vibration, fire, or explosive hazard and glare. Sec. 54-2-5.13. Industrial Planned Unit Development (PUD-1). (a) Intent. The objective of this zoning district is to establish regulatory standards for controlling the location of comprehensively planned industrial development located in areas removed from residential areas and accessible to arterial roadways. The PUD(I) is intended to incorporate a flexible management policy, which fosters innovative master planning in the design and development of large scale industrial areas. The PUD(I) District provides for industrial land uses and accessory sales and service activities and promotes high standards of land planning and site design. (b) Compliance with comprehensive plan and future land use map. All industrial PUD's must comply with the provisions of the Sebastian Comprehensive Plan. In addition to meeting the performance criteria set forth In this section, all land contained within an industrial PUD must have an 'Industrial" comprehensive land use map designation. (c) Location and size. An industrial PUD shall have frontage on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. At the time a PUD(I) application is submitted and approved by the city the land included in the PUD(I) application shall have a minimum of 25 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). (d) Land use mix. The specific land use mix within a PUD(I) District development shall be determined by the underlying comprehensive plan future land use map designation. The location of the various land uses shall be determined during the review of the preliminary development plan required pursuant to section 54-4- 20.3. (e) Permitted uses. Permitted uses shall include those land use activities cited below which are determined to be consistent with the underlying comprehensive plan future land use map designation and shall be permitted by right within an approved PUD(I) development plan. (1) Industrial activities as defined in section 54-2-5.6 or 54-2-5.7.7 (f) Conditional uses. Conditional uses shall include those land use activities as defined in section 54-2-5.6 or 54- 2-5.7 and are; (1) consistent with the comprehensive plan future land use map designation; and (2) comply with all requirements and conditional use criteria provided in this ordinance and in other applicable laws and ordinances. The planning and zoning commission shall determine if such conditions and provisions are satisfied. All conditional uses allowed within an industrial (IN) or heavv industrial LHH) zoning district may be permitted within the corresponding comprehensive plan land use map designation provided that all conditional use criteria of article VI are satisfied. (g) Perimeter transition area. All uses shall conform to the purposes of the Industrial Planned Unit Development District and shall be compatible with all uses, existing or proposed in the vicinity of the area covered by the proposed planned development. (1) Compatibility with adjacent residential property. No structure proposed for industrial use shall be constructed within 2 G-50 feet of that part of the perimeter property line adjacent to property zoned for residential development. (2) Compatibility with adjacent nonresidential property. In those cases where the perimeter line does not abut an existing residential development or residentially zoned land, the minimum setback shall be determined as part of the preliminary development plan review. No building shall be located within 40 feet of the outer boundary of the PUD district, excepting entryway security buildings and structures approved by the city council. (h) Size and dimension regulations. The intent of the PUD(I) is to offer greater flexibility in the design of innovative large scale development and to accommodate amenities generally not found In conventional development. The location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all other planned site improvements shall provide for. Safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of emergency services such as fire protection; Buildings with safe entry and exit from the front and the rear of respective buildings; and Convenient, well landscaped and designed pedestrian ways and open space systems. All such planned site improvements shall be governed by the following: (1) Minimum size and dimension of industrial site improvements. a. Minimum lot size. No individual minimum lot size shall be required within an Industrial Planned Unit Development. b. Floor area ratio(FAR). The FAR shall not exceed 50% and shall comply with section 54-2-5.6(d) provisions governing FAR in industrial districts. C. Frontage requirements. All land use activities within a PUD(I) shall have access to a public street. d. Setback and yard requirements. There are no required setbacks or yards within the Industrial Planned Unit Development except as otherwise provided for herein. e. Distance between buildings. There shall be a minimum of 20 feet separating buildings, excepting buildings with immediately adjoining or common walls. However, the minimum distance separating one building over 25 feet in height from an adjacent building shall be 20 feet plus one foot for each additional two feet in height above 25 feet. f. Height. The height of structures shall not exceed 35 feet. g. Open space. The development shall maintain no less than 25% percent open space. Higher standards may be required for conditional uses, which demonstrate consistency with standards for open space and green space for such uses within this. Code. (2) General criteria for reviewing size and dimension standards. See section 54-4-20.1 for specific criteria to be applied in assessing density, intensity, and other size and dimension requirements for site specific development proposals. (i) Screening and buffer yard requirements. See article KW-XIV for specific criteria to be applied in assessing the required screening and buffer yard requirements. Q) Subdivision improvements and urban design amenities. In addition to requirements of article XIX of this Code as well as open space systems and street furniture, shall reflect principles and practices of urban design, including streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development. This requirement shall be enforced in order to implement the purpose and intent of the PUD( _) and section 54-4-20.1 . Sec. 54-2-6.4. Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (3613) Recycling or materials recovery facilities: a. Applicable zoning districts. Recycling or materials recovery facilities shall be permitted as a conditional use within the following zoning districts: WH1. b. Conditional use criteria. Recycling or materials recovery facilities will be allowed provided the following conditions are met: 1. A site plan meeting all the requirements of Article X and Article Will. including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations. 2. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. 3. All operations shall be conducted entirely within an enclosed building and no portion of the site may be used for outside storage greater than a 48-hour period. 4. Outside storage (no greater than a 48-hour period) may be approved by the planning and zoning commission if sufficient land area and secondary containment is provided together with screening and buffering to prevent any adverse impacts on adjacent lands and residential areas as noted in conditions 5, 6, and 7 below. Secondary containment must meet minimum standards for open-air storage facilities. 5. No building shall be located closer than 50 feet to any property line abutting a residential district. 6. There shall be a minimum lot size of two acres. 7. Screening: All side and rear yards between the recycling facility and adjacent properties having a non- commercial use or non-commercial land use designation shall be screened in accordance with the standards established in section 54-3-14.16(c)(1). Sec. 545-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Recreational vehicle (RV). Any travel trailer, camper, boat, or trailer as defined herein. Additionally, any portable vehicular structure that is built on a chassis, which is designed as a temporary dwelling for travel and recreation, and which has a transportable body width not exceeding eight feet and a length not exceeding 40 feet. Recyclinu. Any process. including comoosting and mulchinL in which solid waste or materials which would otherwise become solid waste are collected. separated. processed and reused or returned to use in the form of raw materials or products. Recycling or materials recoveryfacilities. Operating facilities for separating and sorting recyclable materials from nonhazardous waste streams. Operations shall be conducted Inside a building and temporarily (not greater than 48 hours) stored outside prior to delivery to a permanent site for reuse and or processing into new products. Sec. S4-S-22.3. Land use classifications. The purpose of these provisions is to classify uses into specially defined types on the basis of common functional characteristics and land use compatibility. These provisions apply throughout the zoning regulations. All land use activities are classified into the following activity types. This section shall not be considered an all-inclusive list of all permitted and/or conditional uses contained within the land development regulations. (d) industrial activities. The following compatible land uses shall be considered industrial activities: (1) Warehousing, storage and wholesaling within enclosed buildings; also includes distribution Ifreir.ht movemer (2) Mechanical repair and service, including but not limited to, machine shops and vehicular repair, service and maintenance. (3) Light manufacturing including skilled trades and services, light processing of woods, synthetics, and metal fabrication, assembly and distribution functions, electronics, research and development, and similar uses. (4) Building materials supply and storage, and contractor's storage. (5) Accessory uses to those described above. (6) Outside storage. (n Research and development, with or without manufacturing, 1. 2. 3. 4. 5. 6. Cm LT SEAT,, �V HOME OF PELICAN ISLAND Community Development Department Accessory Structure Staff Report Property Owners: Robert & Joy Cagle Contractor: Residential Engineering Design Requested Action: Approval of a 936 SF Detached Garage Project Location: 520 Concha Drive Sebastian, FL 32958 Lots 33 & 34, Block 293, Sebastian Highlands Unit 11 Current Zoning: RS-10 Current Land Use: Single-family Residence Required Findings: Does Does Not Comply Comply A. No accessory structure shall be constructed until the construction of the principal structure has been started. 1. House completed 1996 ; or ✓ house under construction 2. Accessory structure to be located on same lot as principal structure ; or located on second lot that has ✓ been combined with principal lot by a unitv of title Book 3375, Pate 1563 B. No accessory structure shall be located in any required yard (setback): 1. Front yard: No detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Principal ✓ structure setback is 30.4' Accessory structure setback is 30.4' 2. Front yard on corner lot: Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title with an interior lot that contains the principle structure. However, said NSA accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS-10 zoning district, and in all other zoning districts shall meet required front yard setbacks. Secondary front yard setback is NA , and proposed accessory structure front yard setback is C. D. E. F. G. H. Does Does Not Comply Comply 3. Side yard: Required side setback is 10' Accessory structure side setback is 11' ✓ 4. Rear yard: The required rear yard is 20' . A ✓ detached accessory structure may encroach into the required rear yard, provided it meets all the following: a. It is a minimum 10 feet from the rear property line. ✓ Proposed accessory structure has a 58.6' setback. b. It is not in an easement. Rear easement is 10, and ✓ proposed setback is 56.6' c. It does not exceed 400 square feet in lot coverage. Proposed accessory structure is 936 square feet. d. It does not exceed 12 feet in height. Proposed accessory ✓ structure is 16' t feet in height. Accessory structures which are attached, or do not meet the above four requirements must meet the standard rear setback ✓ which is 20' Proposed accessory setback is 58.6' No mobile home, travel trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. ✓ Applicant must expressly designate the type of the accessory structure (i.e. garage, shed, etc.) Garage ✓ Must comply with all city codes. The height of accessory structure cannot exceed height of principal structure. House is approximately 17.67' f , and accessory structure will be 16'f Attached or detached Quonset -type or style accessory structures are prohibited. ✓ A residential lot is allowed 5 square feet of accessory building area (cumulative) for every 100 square feet of lot area, up to a maximum 1000 square feet. Property square footage 20,037.6 x .05 = Allowable sq.ft. of accessory structures 1,000 ✓ Existing accessory structures 60 SF Proposed accessory structure 936 SF_ Total existing and proposed 996 SF 2 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Does Does Not Comply Comply A. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal -looking products. ✓ B. The roof of the accessory building must have a minimum pitch of 3:12. ✓ C. Accessory structures 501 sq.ft. to 750 sq.ft. in size shall be compatible with the overall general architectural design of the NSA primary residence, including facade and materials, colors and trim, roofing materials and pitch. D. Accessory structures 751 sq.ft. to 1000 sq.ft. in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways, as follows: 1 shrub for every 3 lineal feet and 24 ✓ inches in height at planting. Lineal dimension totals 88 - 3 = Total Shrubs Required 29 Review fee has been paid: X YES NO Additional Considerations: • A separate permit for the culvert pipe and a 65' auxiliary driveway (millings) has not been applied for. It is the recommendation of the Community Development Department that application for this permit be a condition of approval. • This property is 20,037.6 square feet and requires 15 trees. Based on the site visit, the existing trees on both lots do not meet the minimum requirement. It is the recommendation of the Community Development Department that the property meets the tree requirement prior to closing out the permit. Any l qj .1 10� 2/23/2022 Prepared by Date 3 BASTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cltyofsebusfian.org 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 ❑ Board of Adjustment (Variance) Project Name: CA G L C G A -RA G (;"Total Site Area:((pb. by 1,15 Acres\SF LI.JAU 03 L(P Parcel ID: 3 )3 s a$ 0066 / a 93 v 000 33. a Address of Site: 5a U Co n c h A DR. Se Las It aN Proposed Use: &a ra q e Land Use: SF Zoned, Si n R ie Zoning: R S- J O liir. Applicant Name: `Rober 3p j Ca k 1 Address: Sao Co-)eha �i2. SC'-bas`�-ein, F-L— 3.19S8 Telephone: (q3r))'239— 83i71 "�o6rE a'L JOy U S 91L l': Cto i 'Coy (`l37) P-39-83Sy —icy Applicant (if not owner, written authorization (notarized) from owner is required) Owner: �1\OAPr L1 lQ4 Ito J J Address: Sao CQnoka 'hr. SebAS��Qn. FL 3295-8 Telephone: (93 7 a 39 —$ 35i 1 /S3 SvEnail: J oti W 5-9t(o 00 I ea r" i Date Received: Fee Paid: Received by: FORM D Surveyor: 5m ! +A Sur ve y in � .�i%�� �n q ...L,Y1 e . Address: i 3,5 D dllq /,a ia r :�ui 441 m 94y _ rL 3d 96 7 Telephone: C3a� 7a Ll - 07 9yD Email: S yy�� <5ur v e /h FZ 6'q ma 1'1, Co m (A a Engineer. -� ✓ Fesiden iad En mineerinq Design J IAddress: gj 30 U c�'�g�7tc,�:�y l� Sfe �i cco F�- Telephone: 77 A _ V19 , go y11 Email: rl C+ @ L' nq +ri Berm y ho m e , co rrl J Pre - Application Meeting Date: I I DESCRIPTION OF PROPOSED PROJECT: 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 of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performaVfnst"run. �L , Ca . le la _a 0 aaZ/ �/a��a�a Pri n e � Date - rt-w , � � 1� Notarv: STATE OF: COUNTY: — �I C-A rN I hereby certify that on20� personally ppeared ll b�v Cal who is personally known to me or has produced identification. Type of identification produced:- L- - [SEAL] l jb P b ofission Expires: -7 •MARILYN WRIGHT 1=�Y YVi ?b ,;Notary Public -State of Florida =* Commission # GG 316034 My Commission Expires May 07. 2023 FORM 1)