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HomeMy WebLinkAbout02171999ITEM NO. ROLL CALL1 Mrs. Canwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwri~t iTEM NO. ROLL' CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. gOLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwri~t Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND Special City Council M~ting February 17, 1999 Page Two QUASI4UDICIAL PUBLIC HEARING~). FIN_AL ADOPTIOn] Ao Resolution No..g,99~04 - Major Modification to Site Plan for Exxon Ga~ 5.~a6on in ChesserJs PUD - Car A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MAJOR MODIlrICATION TO THE EXXON SITE PLAN WITHIN CHESSER'S OAP PUD; PROVIDING FOR CONFLICTS HEREWITI-~ PROVIDING FOR EFFECTIVE DA~E. The City Attorney read Resolution No. R-99-04 by title. Mayor Sullivan opened the quasi-judicial hearing at The City Clerk swore in all those who intended to testify. Ex-parte communication was disclosed as follows: 5. ADJOURN MINUTES SEBASTIAN CiTY COUNCIL SPECIAL MEETING FOR QUASI-JUDICIAL HEARING WEDNESDAY, FEBUARY 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPr~sent: City Manager, Thomas Frame City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Deputy City Clerk, Sally Maio City of Sebastian, Florida Subject: Major Modification for the addition of a drive-through Car Wash for the Exxon Gas Station at Chesser's Gap PUD. Agenda No. ~-0~0 Department Origin: Grovah Management Tracy E. Hass'~/-~ Approved for Submittal by: Date Submitted: January 20, 1999 E.,daibits: application, l~ation map, minutes of 12/03/98 P&Z meeting, staff report, legal notice, resolution R-99-04 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Bayrock Investment Co. has applied for approval of a major modification to the Exxon site plan for the addition of a drive-through car wash facility within Chesser's Gap PUD. The Planning and Zoning Commission has recommended approval with conditions. The proposed project consists of adding a 540 S.F. car wash facility to the already approved Exxon Gas Station site plan at Chesser's Gap. The proposal also represents a division of a single lot. The northern section contains the existing 1,782 S.F. gas station and proposed 540 S.F. car wash facility, while the southern section is reserved for future use. The new site is .73 acres and ~F- o contains 23,541 SF = 73.8% impervious area and 8,336 ~ = 26.2%. At their regular meeting on December 3, 1998, the Planning and Zoning Commission recommended approval to the City Council. The Planning and Zoning Commission also approved the conditional use permit for the drive- through facility within the PUD(C) zoning district in accordance witL'Section 20A-6.1 (C)(9). RECOMIVIENDED ACTION Hold a public hearing and act on resolution R-99-04. RESOLUTION NO. R-99-4 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MAJOR MODIFICATION TO THE EXXON SITE PLAN WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Bayrock Investment Co. has applied for approval of a major modification to the site plan approved by Resolution I~-97-54 to include a car wash facility; and WHEREAS, the site lies within the approved Chesser's Gap Planned Unit Development; and WHEREAS, the Planning and Zoning Commission have recommended approval of the site plan modification application; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: Section 1. SITE PLAN MODIFICATION APPROVAL. The City Council of the City of Sebastian does hereby approve the application for a major modification to the site plan previously approved for the Chesser's Gap Planned Unit Development by Resolution R-97-54, to allow a car wash in accordance with the site plan prepared by Mosby and Associates dated November 1998, with one revision dated December 4, 1998. Section 2. CONFLICT. All resolutions or parts of resolutions m conflict herewith are hereby repealed. Section 3. upon its adoption. EFFECTIVE DATE.This resolution shall take effect nmnediatclv The foregoing Resolution was moved for adoption by Councilmember · The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this 27th day of January, 1999. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Ruth Sullivan, Mayor Kathr3rn M. O'Halloran, CMC/A.A.E City Clerk ~ Approved as to form and legality for reliance by the City of Sebastian only: Kich Stringer, City Attorney Permit Application No, City of Sebastian Development Order Application Applicant Ill not owner, written authorization (notarized) from owner is requiredI Name: Randy L. Mosby, P.E. Mosby & Associates, Inc. Address: 2455 14th Avenue Veto Beach, FL 32960 Phone Number:(561) 569 0035 FAX Number:. (561) 778- 3617 E-Maih mosby@gate, net Owner (If different from applicant) Name: Mr. Matt Bogdovitz Address: 401 East Blvd, Suite Phone Number: (704) 344 1 I 47 E-Mail: 210 Bayrock Investments Charlotte, NC 28203 FAX Numbeu (704)344 - 9735 Type of permit or action requested: Site'Plan Approval .j PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS. DRAWINGS, ETC. SHALL BE ATTACHED AND 81J2' BY 11' COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A'I-i'ACH THE APPROPRIATE $UPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): Bay Rock Exxon Gas Station Car Wash Addition B. Site information Address: SE Corner Fleminq Lot: Block: Unit: 1 Indian River County Parcel #: Street & CR 512 Subdivision: Chesser's Gap Zoning Classification: PUD-C Existing Use: Gasoline Station Future Land Use: Proposed Use: Commercial PUD Car Wash Addition C. Description of proposed activity and purpose of the requested pen necessary): Addition Of a self servic~ car wash DATE RECEIVED: ob/l, ,{ Approved: 08/27/97 t Revision: fli~a~,h extra sheets if FEE PAID: $']/gO-O0 I~0~ RECEIVED B~ Permit Application No. Project Personnel: Agent: Mr. Randy L. Mosby, Name: Mo_sb¥ & Associates, Address 2455 14th Avenue Phone Number:(56i) 569 - 0035 P .E. Inc. Vero Beach, 32960 FAX Number: (561)778 - 361 7 E-Mail: mosby@gate, net Attorney: Name: N/A Address Phone Number. ( ) - FAX Number:. ( ) E-Mail: Engineer: Name: Randy T.._ Mn.~by, P P.. Mosby & Associates, Inc. Address 2455 14th Avenue Vero Beach, FL 32960 Phone Number.(561) 569 0035 FAX Number. (561 ) 7783617 E-Mail: Surveyor: Name: Ac~dress mosby@gate.net James A. Fowler Fowler Land Surveyor 929 7th Avenue Vero Beach, FL 32960 Phone Number. (561) 562 - 4744 FAXNumber. (561) 562-0963 E-Mail: I, Ran~ AM THE L.F.C L. Mosby , BEING FIRST DULY SWORN. DEPOSE AND SAY THAT: J AM THE OWNER X J · RCRES~ENTP/TIVI~ OF THE OWNER OF THE PROPERTY DESCRIBED WHICH le TH~-SUBJEOT MAI-rER OF THIS AIkI~ ,TI-IJkT AJ.L THE INFORMATION, MAPS, DATA AFIDJOR SKETCHES PROVIDED IN THIS APPLICATION ARE WHO iS PERSONALLY KNO',~JN TO ME OR PRODUCED AS IDENTIFICATION, THIS ~ DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./~(PIRAT1ON SEAL; DATE JForm CD-2001 A~proved: 08/27/97 I Revi$ion: Page 2 of 3 JDevelo~ment Application File Name: Doa Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezonin9), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/VVE, , THE OWNER(S) ~' THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Plann:i. nq BOARD/COMMISSiON OF THE CiTY OF SEBASTIAN (THE "BOARD"/"COMMiSSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR 0EFENSE lANE MAY HAVE, DUE TO THE QUASi-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPER'FY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. TH~S ~ ~/D~/~NT ~ BE~NG S~GNED BY MF~U~ ~LUNTAR~LY AN~ N~T AS A RESULT ~F ANY C~ERC~N APPL~ED~ OR Sworn to ~lnd subscT'ibed before me by /~,~AJ./~ ~/ /-. ~Y) 0~,,~ F _who is personally known to me or produced as identification, this ~ day of .<~7-. ,19 '~' .. Notary's Signature Pdnted Name of Notary Commission NoJExpiration Seal: Form CD-2001 Approved: 08/27/97 Parle 3 of 3 Revision: JDeveiopment Application File Name: Doa Supplemental Information Site Plan Approval 1. Site size in acres or square foot Permit Application No. × 2. Area of impervious surface in square foot ._.x 3. Area of previous surface in square foot: × 4. Attached the following: a. Six copies site plan with lot configuration, finished ground floor elevations, contours and designating number of dwelling units, and setbacks to scale indicating compliance with regulations. (Two sets must be sealed.) X b. A scaled drawing of the sides, front and rear of the building or structure, generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building extedor construction material and color, and building height. x c. A surface water drainage facilities plan certified by an engineer 'or architect registered in the State of Flodda. X d. A land survey with complete legal desc.~ption prepared and certified by a registered surveyor. ~ e. A traffic impact analysis, if required. × f. An erosion/sedimentation control plan. .g. A copy of the landscape plan to meet the requirements of Article X]II. - Landscape Regulations and Article XlV. Tree Protection of the Land Development Code. × h. A vedfied statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and pdndpal executive officers will be sufficient. IForm CD-20~9 Approved: 8/27/97 Revision: File Name: Sisitepl Permit Application No. DN FILE , , i. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. × 5. The following information is required on all site plans: __x a. Locate on the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. × b. Locate on the site plan and show the dimensions of all curb cuts and driveways, including the number of spaces with their location and dimension, details of off-street parldng and loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. ~ c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. d. Locate on the site plan and describe the character of landscaped areas and/or recreation areas. Locate on the site plan and describe the design and character of all public, semi-public, or pdvate utilities such as water and wastewater disposal fadlities, underground or overhead electric lines, gas transmission lines, or other similar facilities or services. × f. Locate on the site plan and describe the height and general character of perimeter or omamental walls, fences, landscaping, including ben'ns and other required' screening devices, and any other plans for protecting adjacent property owners. X g. Locate on the site plan ex~sting easements and fights-of-way. IForm CD-20'19 ,, Approved: 8,/27/97 t Page2of2 ISitePlan Re¥i~'on: File Name: $isitepl 02 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 2. Applicant must also apply for approval of a conditional use permit for future drive-through facility. The retaining wall along the northwest section of the property shall obtain the City Engineer's approval pdor to site plan sign-off. (for certificate of occupancy) VChmn. Schulke asked if a landscape plan should be submitted on this project, and Mr.' Hass responded that it has been submitted and provided a copy for Commission members to see.. He also inquired as to whether or not this site could meet the requirements for installation of a drive-through as a conditional use permit. Mr. Hass responded that it could, it would just have to meet architectural standards. Mr. Thomas noted item 23 on page 6, and suggested that the word should be changed to "shall" in line 2, paragraph 1. Mr. Hass agreed. It was established that the power lines are underground, and the telephone lines are on the east side of U.S. #1. VChmn. Schulke remarked that, in general, it would be nice to see redevelopment sites come in and look like this one, with landscaping, parking, and bdnging things up to code in this manner. There was a brief discussion of the drainage of the sand area behind the building. MOTION by Mather/Thomas i make a motion that we approve the site plan for Schommer Sebastian Plaza, U.S. 1, per prints - Mosby's, job number 98403, dated August, 1998, revision zero (0), pages C-1, C-2, C-3, and L1, and including the recommendations of staff. Roll call: Mr, Mahoney(a) - yes Mr. MacWiiliam(a) - yes Mr. Mather - yes Mr. Thomas - yes Mr.. Pliska - yes VChmn, Schulke - yes Ms. Vesia - yes The vote was 7 - 0. Motion can'ied. D. Recommendation to City Council - Site Plan Review - Exxon Gas Station - 727 Fellsmere Road - Addition of Car Wash - Chesser's Gap PUD Mr. Randy Mosby of Mosby and Associates, Vero Beach, FL, was present representing the applicant. It was established that the lot-split process would be handled by staff. He gave his presentation on the additicn of a self-Contained car wash area at the Exxon Gas Station. He indicated that the drive-through car wash has been designed to meet PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 the City requirements, and the conditions of the PD. He noted that staff recommends approval. He then noted that staff questioned the traffic patterns of the one-way ddve behind the Exxon. The site plan shows it as it is currently striped, with the one-way by- pass lane, (not a drive-through lane), going from southwest to northeast. He indicated that staff recommended reversing the ddving arrows to have the arrows going toward the southwest. He' indicated that the owner of this Exxon station has no problem with that and agreed to change the direction of the arrows, as requested by City staff. Relocation of the dumpster further to the northwest was discussed, as well as relocating four (4) parking spots south of the canopy. Mr. Hass gave staff presentation, and noted the restdping of the rear ddve, which will be complied with. He also noted that some parking will be relocated to the south section of the property. He then commented that the applicant is going through the process of division of a single lot, which will be completed before this issue goes to City Council for final approval of the site plan. He then noted that this project will require a conditional use permit. He referred to the conditions outlined on page 7 of the staff report, and indicated that all of these conditions have been complied with. In response to questions by VChmn. Schulke and Mr. Mather, Mr. Hass indicated that P & Z Commission can approve the conditional use permit, but the recommendation of support of the site plan is a recommendation to City Council. MOTION by MatherNesia I make a motion that we add to the agenda the conditional approval for the car wash at the Exxon Station on 512, portion of Section 13, Township 31 South, Range 38 East, indian River County, Flodda. A voice vote was taken. 7 - 0 motion carded. Mr. Hass referred to item ¢t24 in the staff report, and read these conditions by the Indian River County Health Department, for the record: Applicant shall depict on the plan the installation of a pollutant interceptor which is required for treatment of industrial waste pdor to discharge into the indian Rive,: County sewer system. 2. A construction permit is required for the pollutant interceptor. At this point, Mr. Hass proceeded to go through the staff report. recommendations as follows: He listed staff In order to provide for more efficient circulation of vehicles on-site and maintain an adequate separation of drive-through and non ddve through traffic, staff recommends the applicant re-direct the one.way traffic system behind the convenience store from East bound to West bound. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 1998 2. Approval of a Conditional: Use Permit for a drive-through facility within the PUD(C) zoning district in accordance with Section 20A-6.1(C)(9). Applicant shall depict on the plan the installation of a pollutant interceptor, which is required for treatment of industrial waste prior to discharge into the Indian River County sewer system. He noted that number 3 above must be on the plan prior to issuance of a certificate of' occupancy. There was discussion of impervious area in the Chesser's Gap PUD, and Mr. Mosby assured the Commission that they are well below the 80% coverage. Mr. Mosby clarified that the two major changes to the site plan are the grease interceptor and reversing the arrows on the one-way ddve. All agreed. Mr. Hass vedfied that the drive-through meets all of the conditions of the conditional use permit. MOTION by MatherNesia I make a motion that we approve a conditional use permit for the Bayrock Investment Center, Car Wash addition, 512, with the staffs recommendations. Roll call: Mr. Pliska - yes VChmn. Schulke - yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Thomas - yes Mr. Mather - yes Mr. MacWilliam(a) - yes The vote was 7 - 0. Motion carded. MOTION by MatherNesia I make a motion that we recommend to City Council the site plan for site plan approval of Bayrock InvesflT~ent Center Car Wash, by pdnts of Mosby & Associates, job number 98507, dated November 11, 1998, Rev. 1, with staffs comments. Roll call: Mr. Mahoney (a) -yes Mr. Thomas - yes Mr. Mather - yes VChmn. Schulke ~ - yes Mr. Pliska - yes Ms. Vesia - yes Mr. MacWilliam (a) -yes The vote was 7 - 0. Motion carded. Community Development Department Site Plan Approval Application - Staff Report Project Name: Bayrock Investment Center Requested Action: Approval of site plan for proposed Car Wash addition. Project Location a. Address: b. Legal: A portion of Section 13, Township 31 South, Range 38 East, Indian River County, Flodda more particularly described as follows: Beginning at the Southwest Comer of Lot 1, Chesser's Gap Subdivision as recorded in plat book 13, page 76, of the public records of Indian River County, Flodda, run North 51 o 49' 23" West along the Northerly right-of-way of South Fleming Street, 183.00 feet to the existing Southerly right-of-way of County Road 512; Thence North 38° 10' 37" East, along said right-of-way 254.58 feet to a point on the North line of Section 13, Township 31 South, Range 38; Thence South 89° 32' 56" East, 234.25 feet to the Northwest comer of aforementioned lot 1; Thence South 38° 10' 37" West along the Westedy line of lot 1, 400.81 feet to the point of beginning. Contains 1.38 acres, more or less. c. Indian River County Parcel Number: Project Owner: Bayrock Investment Company 401 East Boulevard, Suite 210 Charlotte, North Carolina 28203 A'I-I'N: Mr. Matt Bogdovitz (704) 344-1147 Project Agent: Project Engineer: Mosby and Associates 2455-14th Avenue Vero Beach, Flodda 32960 (561) 569-0035 = = Project Architect:. Project Description a. Allen and Associates, Architect 605 Baxter Street Johnson City, Tennessee 37601 (423) 926-2727 Narrative of proposed action: The proposed project consists of adding a 540 S.F. car wash facility to the already approved Exxon Gas Station site plan at Chesser's Gap. The proposal also represents a division of a single lot. The northern section contains the existing 1,782 S.F. gas station and proposed 540 S.F. car wash facility, while the southern section is reserved for future use. The new site is .73 acres and contains 23,541 SF = 73.8% impervious area and 8,336 acres = 26.2% Current Zoning: PUD-C (underlying zoning is CG) Adjacent' Properties Zoninq Current Land Use Future Land Use North: C-512 Vacant C-512 East: PUD-C Elk's Club CG South: PUD-C Bamett Bank CG West: CR-512 CR-512 CR-512 Site Characteristics d= (1) Total Acreage: .73 acres (2) Cun'ent Land Use(s): (3) S~I: (4) Vegetation: (5) Flood Hazard: ~ (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency Vacant Myakka Pine, Palm, Wax Myrtle Zone X Indian River County Utilities Indian River County Utilities Barber Street Sportsplex .5 miles Indian River Fire .5 miles 2 10. a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: e. Coastal Management: f. Conservation: g. Recreation and Open Space: Contents of Site Plan: a. lot configuration: provided b. finished ground floor elevation: Consistent Consistent Consistent Consistent Consistent Consistent Consistent provided = 24.60' contours and designating number of dwelling units: square footage of site: 31,877 SF N/A building coverage: 2,322 SF (540 SF addition) square footage of paved areas and open area: Paved 23,541 SF = 73.8% Open (Required 25%) 8,336 SF = 26.2% setbacks: According to section 20A-4.6(I)2 of the Land Development Code: In those cases where the property line does not abut and is not adjacent to residential development or residentially zoned land, the minimum setback shall be dete/Tnined as part of the preliminary development plan review. No buildings shall be located within forty (40) feet of the outer boundary of the PUD districts excepting entryvvay security structures approved by the city council. The provided setbacks are in compliance with this regulation. scaled drawings of the sides, front and rear of the building or structure: not provided pt generalized floor plan indicating uses and proposed use within each building or structure: Building exterior construction materials and color: building height: not provided square footage of each provided not provided location and character of all outside facilities for waste disposal, storage areas, or display: provided location and dimensions of all curb cuts and driveways: provided number of spaces with their location and dimensions: provided Parking Required Gas Station = 8 pumps (1space/pump) = 8 spaces Convenience Store = 1,782 SF (1 space/200 SF) = 9 spaces Total Spaces 17spaces Parking Provided = 17 spaces (16 standard, 1 Accessible) No additional parking'required for ddve- thru car wash facility. details of off-street parking and loading areas (including requirements of Sec 20A-8.1): provided - the applicant is relocating 4 pa~ng spaces currently located at the southwest, comer of the property. The new sites will be located on the south side of the property adjacent to the current access drive. The dumpster is also being relocated about 40 feet to the North. all off-street vehicular surfaces available for maneuvering: provided surface materials: provided number of employees: not provided type of vehicles owned by the establishment: not provided If there is a combined off-street parking facility, required agreements: N/A Location of all pedestrian walks, malls, yards and open spaces: provided location, size, character, and height or orientation of all signs: provided 4 11. 12. 13. 14. y= aa. ac~/~ location and character of landscaped areas and recreation areas: provided location, design and character of all public, semi-public, or private utilities: provided location, height and general character of perimeter or ornamental walls, fences, landscaping: provided surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided location of existing easements and right-of-way: provided Land survey with complete legal description prepared and certified by a registered surveyor: provided Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: not provided Site location and character of use: Appearance site and structures: a. b. provided harmonious overall design: yes location and screening of mechanical equipment, utility hardware and waste storage areas: yes c. commercial and industrial activities conducted in enclosed buildings: yes d. exterior lighting: provided Access, internal circulation, off-street parking and other traffic impacts: am internal circulation system design a: ~ access/egress considerations: provided - In order to provide for more efficient circulation of vehicles on-site and maintain an adequate separation of drive-through and non drive through traffic, staff recommends the applicant re-direct the one-way traffic system behind the convenience store from East bound to West bound. b. separation of vehicular and pedestrian areas: provided Traffic impacts: previously provided 5 Open space and landscape (including the requirements of Sec. 20A-13.1 and Sec. 20A-14.1): Name, address and phone number of the owner and designer: provided North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided Cw Property lines, easements, and right-of-way' with intemal and property line dimensions: provided d. Location of existing or proposed utility service: provided e. Location and size of any existing or proposed structures: provided Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: provided Location and size of any existing or proposed vehicular use area: provided Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: provided Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non-vehicular open space, perimeter and interior landscape strips, and required number of trees: provided k. Location of required landscape areas and dimensions: provided Location, name, height and size of all existing plant material'to be 'retained: provided Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided Total Trees Required = 43 Trees Total Trees Provided = 50 Trees 16. 17j 18: 19: 2O: 21: 22: Height, width, type, material and location of all barriers of nonliving material: provided Location, dimensions and area of landscaping for freestanding signs: provided pe Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: provided Required screening of abutting residential and nonresidential uses:' provided Flood prone land and wetland preservation: Surface water management: See City Engineer's comments. Available potable water: Indian River County Utilities Wastewater service: Indian River County Utilities Soil erosion, sedimentation, control and estuary protection: provided Additional considerations: A conditional permit must be granted for the use of a drive-through facility. Drive-through facilities will be allowed provided the following criteria are met: Separate entrances and exits shall be provided and clearly identified and in conformance with the sign regulations of Article XV of this code. Joint entrance/exit curb cuts may be allowed for the ingress and egress and traffic not utilizing the drive-through facilities. No more than two (2) curb cuts shall be permitted on any single street frontage. Curb cuts shall be limited to a maximum width of twenty~five (25) feet, shall be located no closer than thirty-five (35) feet to any intersection, and shall be at least ten (10) feet removed from property lines. The site plan shall provide for efficient circulation of vehicles on-site and maintain an adequate separation of drive-through and non drive-through traffic. In the CG distdct no drive-through facility shall locate within one hundred (100) feet of a residential district. All side and rear yards abutting or adjacent to residential districts or uses shall be screened in accordance with the standards established in section 20A-10.2(F) of this chapter. In addition, walls or fences may be required by the planning and zoning commission for the sole purpose of 7 23. 24. 25. 27. screening light beams from motor vehicles utilizing drive*through facilities if such light beams will cause undue glare to surrounding properties, taking into account the use of the surrounding properties, the distance therefrom, and the existence of other obstructions to such light beams. Any such requirements imposed by the planning and zoning commission as to walls and fences shall be supported by stating the basis for such requirements. This requirement may be required by the planning and zoning commission after odginal site plan approval if the use of the adjacent land(s) on the side or rear of the property changes and becomes sensitive to glare. All above conditions have been complied with, City Engineer's review: No comments Other Matters: At their regular meeting on December 3, 1998, the Planning and Zoning Commission recommended approval to the City Council. The Planning and Zoning Commission also approved the conditional use permit for the drive*through facility within the PUD(C) zoning district in accordance with Section 20A-6.1(C)(9). Analysis: The proposed project consists of adding a 540 S.F. car wash facility to the already approved. Exxon Gas Station site plan at Chesser's Gap. The proposal also represents a division of a single lot. The northern section contains the existing 1,782 S.F. gas station and proposed 540 S.F. car wash facility, while the southern section is reserved for future use. The new site is .73 acres and contains 23,541 SF = 73.8% impervious area and 8,336 acres = 26.2%. Conclusion: The i:~oposed car wash addition is consistent with the Land Development Code, C,;de of Ordinances, and Comprehensive Plan. Recommendation: 5.'~af recommends the City Council approve the Exxon Car Wash addition as -..bmitted. PREPARED BY TEMPORARY USE PERMITS PROCEDURES Application is received in Building Department, including plot plan and $25.00 application fee. 2. Assign permit number and prepare file folder and record on temporary use l°g sheet. 3. Copy of application and plot plan are transmitted to Chief of Police for comments. Original application, and plot plan are reviewed by Building Official. Comments and recommendations from Chief of Police and Building Official' are then attached to the original application and transmitted to the City Manager for approval. Upon receipt of City Manager approval, permit is issued to %ne applicant. Permlt advises applicant of any required inspections by Building Department and/or Fire Department regarding the temporary ~acllities. App£~cant is notified that permit is ready to be picked up and $100 fee will now be paid. Cash bond of $200.00 must also be posted. Copy of permit, application and plot plan are faxed to the fire department for their information. Copy of permit is sent to chief of Police. when notified by the applicant, the Building Department conducts inspection (if required). Applicant must remove all evidence oI the event within seven days after expiration, or City will take appropriate actions as outlined in Ordinance 0-95-21. City of Sebastian 1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 r'1 FAX (5611 589-2566 POSTAL DELIVERY January 11, 1999 Dear Property Owner, Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will conduct a Quasi-Judicial Public Hearing on Wednesday, January 27, 1999, at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution approving a modification to the site plan of the Exxon Gas Station located at 727 Fellsmere Road in the Chessers Gap Commercial Subdivision (PUD-C) for the addition of a 540 sq. ft. car wash facility. The site land use designation is CG (Commercial General). All records are available for review in the Office of the Growth Management Department, 1225 Main Street, Sebastian, Florida,' Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) By: Tracy Hass Growth Management Director City of Sebastian City of Sebastian 1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958 TELEPHONE (561] 589-5,.~7 ri FAX (5611 589-2566 PUBLIC NOTICE CITY OF SEBASTIA~ IND~ RIVER COUNTY FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN; INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, DECEMBER 3RD, AT 7:00 P.M., TO MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING AN APPLICATION FOR A PROPOSED 540 SQ.FT. CAR WASH AT THE EXXON GAS STATION. SITE IS LOCATED AT 727 FELLSMERE ROAD IN THE CHESSERS GAP COMMERCIAL SUBDMSION (PUD-C) AT THE SOI. rrHEAST CORNER OF TI-IE INTERSECTION OF CR 512 AND FLEMING STREET. IMPERVIOUS AREA WOULD BE INCREASED BY 2,462 SQ. FT. ALL INTERESTED PARRIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMONY WITH RESPECT TO THE PROPOSED DEVELOPMENT PLAN. JOSEPH W. SCHULKE, VICE CHAI~M, AN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE V/HO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: NOVEMBER 20, 1998 City 5¢bastian 1225 Main Strut Q 5ebasti~, Florida 32958 Telephone (561) 589-5330 Q Fax (561) 589-5570 E-Mail: cil'yseb~iu.net AGENDA SEBASTIAN CITY COIINCIL SPECIAL MEETING FOR QUASI-JUDICIAL HEARING WEDNESDAY, FEBUARY 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA · ALL AGENDA ~M,4YBE INSPEC'ff_.D IN'~IE OPFICE OF~IE CJTT~. 122,5 ~ ~ EF.,BA~IAlf, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLLEGIANCE 3. ROLL CALL QUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) 99.020/98.074 Resolution R-99-04 - Majqr M~ification tO Sit~ Plan for E~g~O0 GM $~fi0n in Chesser'~ Oi~D PUD tO Ada I)fivo Through Car Wo21l (Cnowth Mat~ag~m~nt TDi~s~ttal 1d20/9~, R-99-04. Apl;}licatioll, Location Map, P & Z Minutes. Staff Report. Legal Notice, Plat Under Separate CoYer) A RESOLUTION OF THE CITY OF SEB~, ~ ~ COUlqTY, FLORJDA, APPROVING A MAJOR MODIFICATION TO THE EXXON SITE PLAN WllI-tlN CHESSERS GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 5. ADJOURN ANY PERSON WHO DEC-.IDF~ TO APPEAL ANY DECISiON M/IDE BY THE CITY COUNCIL WITH RF_ZPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR ttEdRING) WILL NEED A RECORD OF THE PROCEEDPIC_~ AND MAY NEED TO ENSURE THAT A FERBATIM RECORD OF THE PROtT~DI3IGS I$ MADE, ItrHICH RECORD INCLUDES THE TESTIMONY AND EFIDENCE UPON IFHICH THE APPEAL I$ TO BE ~MRD. ('286.0105F.$.) - · IN COMPiJANCE WITH THE AMERICANS WITH DISABIIJTIES ACT (ADd), ANYONE IYttO NEEDS A SPECIAL ACCOMMOD/ITION FOR THIS MEETING SHOULD COlgT/ICT THE CITY'S AD/I COORDINATORAT $89.5330 /IT LEA~ 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Procedures for ~ua~i~rudlcial Hem~ng~ aa Follows (In accordance with R-97-~6): · Mayor/Prezlding O~cer Otwns Hearing and Outlines Rules CiO,Attorney reade Ordinance or Resolution (~fApplicable) · If Requested byAffectedParty. Clerk/Secretary.4dministers Oath to Other AffectedParO,(ies) Who Intend to Testify · For Non-Land Up Matters - Disclosure of Ex.Parte Communication · Applicant Preaontat~ - Uninterrupted 15 Minutes o Inquiry of Applicant orApplicant'~ FPitnesz~ by Council/Board (or eta. flor Applicant or Other AffectedParties through Mayor or Presiding Ofcer) · StaffPresentotion . Uninterr~ted 15Mins#e.g · Inquiry ofStoffby Co~cilfBoant (or Applicant and/or Other A~O~ected Parties through Mayor or Presiding · Proponents' Testimony - Up to 1 ~ Minutes (theft are affectedparties) ° Inquiry of Proponent:t by Council/Board (or $taffor Applicant or Other Affected Parties through Mayor or Prezldlng · Opponent~' Presentation - Unintt~v~tpted 15 Mitmtes (the.~ ant affectedparties) · Inquiry of Opponente or Opponent'~ IFitnes~es by Council/Board (or Staffor Applicant or Other Affected Partie~ through Mayor or Pre. ding O~lcer) ° Opening of Informational Te.~mony - Any Mmber of Public with Information or Need for Clarification. 3 Minutes or 10 Minutes if Representing Grosq~s of 5 or More · Inquiry of Informational Ftri~ by Council/Board ° Clozlng of Public Information Pt~od- No Additional Public Commmts Allowed Except in Rexponse to Council/Board Questions · Applicant's Rebuttal Pre.~tntion - 10 Minutes (Affected Partie~ or StaffMay Request to be A Ilawed to Point Out Errors of Fact Or. Aak Que. vtions of Applicant or Applicant ~Pitneaves) StaffRe.won~ andSmnmary- 10 M'mute~ (Re~on~ to Applicant Proponents; Opponents or Informational Ye'itneases - Affected, Parties May Reque. gt to be Allowed to Point Out Errors of Fact or A~k Questious of Staff or Sta. ff Y~'itneaves) · CiO, Council/BoardInquiry ofApplicant.~ Proponen~ Opponents or StaffMember · Clo~e Hearing Upon Completion of Testhnony · Act Upon Application Persons who dedre to make a ln~suntation or trre~mt information ar comment on on application or item must register with the CiO, Clerk or Board secretary prior to the th~ in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures) Affected Part~ are tl~ App&nmg ~y Staff and Persons Entitled to Notice Under Code or Statute~ A homeawners ar property owners a~ociation whose members indsule an affected paro' shall be grunted affected parO, statv~ by the CiO, Council/Board provided the a.~ociation ha~ been establidmtlmrsuant to Florida Law. A certificate of goad stundingfrom the Florida Secretary of State's office and a re.~olution of the board of the asav~tton othorizing ~aid re~tation shall be.filed with the CiO, Clerk '~ ofce prior to the entiO~ '~ requ~t to be granted affected paro' ~tots~ Affected P art~ May Reque~ Extens~ of Time from CiO, Cauncil/Board and may object to the introduction of any evidence, whereupon, the presiding o.l~wer may rule upon the objection to the admirsibiliO, of any e~lmce. The CiO, Council/Board members may a.~rm or overrule the ruling. Per~tt:t ad. easing CosmcilfBom'd &all idostify any educational, occupational or other e~perience which may be relevant to the matter. Disclasure of es-parte commun~ation in land-~ rnatter~ is not required and such non-disclosure sh.all not be de~ned prejudicial to the decin'on of the CiO, Cmmcil/Boar& All &wisions of the CiO, Council/Board on land u~t matters mnst be supported by substantial, competent evidence in the record pertinm~ to t~ lm~.'eeding, hre. wective of such communicationa A person who appear~ before the decis~ making body who i~ not an affectedparO, may be allowed to testijj~ before the decision maMng body, may be reque~d to re~Wos~ to qste~ions fiom the decision malting body but need not be ~worn a.~ a witne.x~ and is not be subject to crop-examination and is not required to qualify tag an expert witne.~ The decision malting body shall a~ign weight and credibiliO, to such t~timony a~ it deems appropriate. \wp-rain\quasi. pro City of Sebastian, Florida Subject: Major Modification for the addition of a drive-through Car Wash for the Exxon Gas Station at Chesser's Gap PUD. Approved for Submittal by: Agenda No. Department Origin: Growth Management Tracy E. Hass Date Submitted: February 11, 1999 For Agenda of: February 17, 1999 Exhibits: application, location map, minutes of 12/03/98 P&Z meeting, staffreport, legal notice, resolution R-99-04 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Bayrock Investment Co. has applied for approval of a major modification to the Exxon site plan for the addition of a drive-through car wash facility within Chesser's Gap PUD. The Planning and Zoning Commission has recommended approval with conditions. The proposed project consists of adding a 540 S.F. car wash facility to the already approved Exxon Gas Station site plan at Chesser's Gap. The proposal also represents a division of a single lot. The northern section contains the existing 1,782 S.F. gas station and proposed 540 S.F. car wash facility, while the southern section is reserved for future use. The new site is .73 acres and contains 23,541 SF = 73.8% impervious area and 8,336 acres = 26.2%. At their regular meeting on December 3, 1998, the Planning and Zoning Commission recommended approval to the City Council. The Planning and Zoning Commission also approved the conditional use permit for the drive- through facility within the PUD(C) zoning district in accordance with Section 20A-6.1 (C)(9). RECOMMENDED ACTION Hold a public hearing and act on resolution R-99-04.