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HomeMy WebLinkAbout03051997 City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MARCH 5, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA CALL TO ORDER 97.086 1-36 PLEDGE OF ALLLEGIANCE ROLL CALL OUASI-J'UDICIAL PUBLIC HEARING(S), FINAL ADOPTIQ~ (Procedures on Back of Agenda) Ao Conduct Quasi-Judicial Public Hearing on Special Use Permit Application ~omRonald Adamson for Car Wash. North U.S. 1 - Consider Adoption of Resolution No. R-97-11 (CommuniW Development Director Transmittal 2/21/97. R-97-11_ Staff Report. Map_ Application. Knight Letter of OMecfion. 1982 EPA Guidance Document for Effluent Discharges) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A CAR WASH IS NOT DETRIIVIENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RONALD ADAMSON FOR A CAR WASH LOCATED ON US I NORTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 97.087 37-49 Conduct Ouasi-J'udicial Public Heating on Fischer Island Preliminary. Plat - Consider Adomion of Resolution No. R-97-12 (Community_ Development Director Transmittal 2/21/97. R-c)7- 12~ Staff Report. Map. Application. Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS FISCHER'S LAKE ISLAND SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.088 51-56 Conduct Ouasi4udicial Public Hearing on Park Place Preliminary_ Development - Consider Adontion of Resolutlon No. R-97-13 (Communi~ Development Director Transmittal 2/21/97. R-97-13. Map. Plat Unde~Set~arate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING TIlE PRELIMINARY DEVELOPMENT PLAN FOR A PUD KNOWN AS LAKE DELORES A.K.A. PARK PLACE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 97.089 57-67 Conduct Ouasi-J'udicial PublicHearingon Park Place Final Plat - Consider Adoption of Resolution No. R-97-14 (Communi _ty Development Director Transmittal 2/21/97. R-97-14. Staff Report. Map. Application. Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS PARK PLACE, PLAT 1, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN AN~ PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANT MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPO~V WHICH THE APPEAL IS TO BE HEARD. (286.0105 ES.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LF_.4ST 48 HOURS IN ADVANCE OF THIS MEETING. U_pcominv Meetings: Special Meeting (Swearing In) - Monday, March 17, 1997 ~ 6 pm Workshop - Wednesday, March 26, 1997 ~ 6pm or soon thereafter Regular Meet~ng - Wednesday, March 26, 1997 ~, 7pm or soon thereafter Procedures for Quasi. Judicial Hearings a.v Follows (In accordance with R-96-87): · Mayor/Presiding Ofcer Opens Hearing and Outlines Rules · CiO, Attorney read~ Ordinance or Rezolutlon (if Applicable) · If Requested by ParO, or ParO, Intervenor - Clerk/Secretary Administers Oath to Other Parties and/or ParO, Intervenors Who Intend to Testify · For Non.Land Use Matters - Disclosure ofF~-Parte Communicatton · Staff Initial Presentation ° Inquiry of StaffbyAffected Parties through Mayor or Presiding Officer · Applicant Presentation. Uninterrupted 15 Minutes · Inquiry of Applicant or Applicant 'S Witnesses by Council (or Staff or Affected Parties through Mayor or Presiding Officer) · Proponents' Testimony - 3 Minutes or I0 Minutes if Representing 5 or More · Inquiry of Proponents by Council/Board · Opponents' Presentation - Affected ParO, Opponents 15 Minutes - Non-Affected Opponents 3 Minutes or 10 Minutes if Representing a Group of 5 or More · Inquiry of Opponents or Opponent's IFitnes~s by Council/Board · Opening of Informational Testimony- AnyMember of Public with Information or Need for Clarification - $ Minutes or 10 Minutes if Representing Groups of 5 or More · Inquiry of Informational IFitnesses by Council/Board · Closing of Public Information Period - No AdditionalPublic Comments Allowed Except in Response to Council/Board Questions Staff Response and Summary - 10 Minute~ (Response to Applican~ Opponents or Informational IFitnesses - Affected Parties May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or Staff IFitne~res) · Applicant's RebuttalPresentation - i0 Minute~ (Affected Parties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask Questions of Applicant or Applicant Witne, ses) · CiO, Council/Board Inquiry of Applicant& Opponents or Staff · Close tlearing and FormalAction Applicant, Staff and Affected l.~ndowners Entitled to Notice Under any Statute or City Code are considered Affected Parties. Affected Parties May Request ~tension of Time A person who appears before the decision maldng body who is not a parO, or parO, intervenor may be allowed to testify before the decim'on maldng body, may be requested to respond to questions from the decision mat~'ng body but need not be sworn as a witness and is not be subject to cross- examination and is not required to qualify as an e_xpert witness. The decision maldng body shah a~gn weight and credibility to such testimony as it deem, appropriate. \wp-min\quosi.pro City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407)589-5570 SUBJECT: Approval of ) Resolution No. R-97-11 ) ) ) ) Approval for Submittal By: ) ) City Manager, ~j~ ~Z/~- ~~--- 6/ ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Date Submitted: For agenda Of: ,,, Exhibits: Community Dev. (RM) 02./21197 0315197 1. Resolution No. R-97-11 2. Staff report 3. Location map 4. application EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. Konald D. Adamson has applied for a special use permit for a car wash located on US 1 north, on the east side of the road, just north of Wal-mart. Car washes are not addressed in the land development code, therefore it should be addressed as a special use permit. A copy of the staff`report, location map and application are attached. RECOMMENDED ACTION Approve Resolution No. R-97-11. RESOLUTION NO. R-97-11 A RESOLUTION OF THE CITY OF SEBASTiAN, INDiAN RIVER COUNTY, FLORIDA, FINDING A CAR WASH IS NOT DETRIMENTL~L TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RONALD ADAMSON FOR A CAR WASH LOCATED ON US 1 NORTH; PROVIDING FOR SEVERABILiTY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Ronald Adamson has applied for a special use permit for a car wash; and WItEREAS, the Piarming and Zoning Commission of the City of Sebastian has considered this application and has found that the requested special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other' properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general commercial zoning district and the use is similar with the uses allowed in such a district; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has recommended approval of the requested special use permit, NOW, THEREFORE, BE IT RESOLVED BY Tl:IE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOIRDA, as follows: SECTION 1. FINDINGS OF FACTS: The City Council of the City of Sebastian, after considering the evidence presented at the heating, finds as follows: The requested car wash located on US 1 north is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity; and, The proposed use is consistent with the purpose and intent of the general commercial zoning district and is similar in nature and compatible with uses allowed in such a district. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Mr. Ronald Adamson to operate a car wash at a lot described as follows: Town of Wauregan PBS-178, northwesterly ½ of lot 23 lying east of Highway 1 as described in Official Records Book 388, Page 761. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: That a eight foot high opaque buffer be constructed on the east property line and the easterly 30 feet of the north and south property lines. This buffer can be a fence, wall or vegetation; if vegetation is used, it shall not minimize the landscape requirements of the site. That the site lighting shall be directed away from the residential area to the east of the subject parcel. That the architectural style of the building be completed in the "Old Florida Fishing Village" theme adopted for the riverfront area. SECTION 4. SEVERAB][LITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so. held to be invalid or unconstitutional. SECTION 5. CONFLICTS: Ail Resolutions or pans thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6, EFFECTIVE DATE: immediately upon is adoption. This ,Resolution shall take effect 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 Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard Taracka day of The Mayor thereupon declared this Resolution duly passed and adopted this ,1996 City of Sebastian, Florida By: Louise R. Cartwright, Mayor ATTEST: Kathryn M. O'Hallorart, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney 5. 6. 7. 8. Community Development Department Special Use Permit Application - Staff Report Requested Action: Project Location a, b. Project Name: Sebastian Car Wash North Approval of a special use permit for a car wash. Project Owner: Project Agent: Project Engineer: Project Attorney: Project Description a. Address: Legal: Town of Wauregan PBS-178, northwesterly % of lot 23 lying east of Highway 1 as described in Official Records Book 388 PP 761. Indian River County Parcel Number: Mr. Ronald D. Adamson Narrative of proposed action: The applicant has requested a special use permit for a car wash on the east side of US 1, across the street from Wal-mart. Car washes are not addressed in the land development code. Mr. Adamson owns the Sebastian Car Wash located on the south end of US 1. That use was apparently approved as a conditional use. The conditional use was a ddve through facility. One of the conditions for a ddve through facility is such a facility can not be within 100 feet of a residential district. For the proposed facility, the site is located adjacent to a residential district. Therefore, such a conditional use is not allowed. The applicant is requesting a special use permit for a car wash for this site since a conditional use permit would not be allowed. North: East: South: West: CG Current Land Use vacant residential vacant Wal-mart, vacant Future Land Use CG CG CG Total Acreage: .76 acre Current Land Use(s): vacant Current Zoning: Adjacent Properties Zoning CG (County) CG CG Site Charactedstics (1) (2) (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: St. Lucie sand sand pines zone X Indian River County Utilities Indian River County Utilities fire: 3,000 feet south on US 1 police: 7,800 feet south on Main Street. Comprehensive Plan Consistency Future Land Use: Traffic Circulation: Housing: Public Facilities: consistent consistent consistent consistent Coastal Management: consistent Conservation: consistent Recreation and Open Space: consistent 10. 11. 12: 13. 14. 15. 16. Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located? The applicant operates the Sebastian Car Wash on the south end of US 1 in the city. There are no records of harm to the public safety, health or welfare from the operation of this facility. The proposed use is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity. Is the use requested consistent with the purpose and intent of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? The applicant operates the Sebastian Car Wash on the south end of US 1 in the city. The zoning for that site is CG. A special use permit was issued for that site. Therefor the use requested is consistent with the purpose and intent of the CG zoning district, and it is similar in nature and compatible with the uses allowed in the CG zoning district. Additional considerations: none Other Matters: none Analysis: The requested special use is for a car wash on US 1. There is an existing car wash on US 1 on the southern end of the city located in the CG zoning district. That use has been compatible with the other uses allowed in the area. These include ddve through restaurants. To the east of the proposed site there is an existing mobile home park. The impacts caused by a car wash are not expected to be any greater than other uses that are alloWed in the CG zoning distdct such as a ddve through restaurant. The impacts of the use can be minimized through the site plan approval process. Conclusion: The proposed use is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity and the use requested is consistent with the purpose and intent of the CG zoning district, and it is similar in nature and compatible with the uses allowed in the CG zoning district. Recommendation: It is recommended that the Planning and Zoning Commission find that the requested special use permit for a car wash on US 1 is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity and the use requested is consistent with the purpose and intent of the CG zoning district, and it is similar in nature and compatible with the uses allowed in the CG zoning district. It is further recommended that the planing and Zoning Commission recommend to the City Council: 3 That the City Council find that the requested special use permit for a car wash on US i is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity and the use requested is consistent with the purpose and intent of the CG zoning district, and it is similar in nature and compatible with the uses allowed in the CG zoning district. That the City Council approve the request for a special use permit for a car wash located at the northwesterly ~ of lot 23 lying east of Highway 1 as described in Official Records Book 388 PP 761, conditioned upon the following: a. That a six foot high opaque wall be constructed on the east property line and the easterly 30 feet of the north and south property lines. b. That the site lighting be directed away from the residential area to the east. c. That the architectural style of the building be completed in the "Old Flodda Fishing Village" theme adopted for the Riverfront area. PREP/~ED BY .... DATE 4 DATE: TO: FROM: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MEMORANDUM March 4, 1997 Mayor and City Council Members, City Manager Kathryn M. O'Hallora~, O' ¢ City Clerk 3/5/97 Special Meeting - Agenda Item No. 97.086 Adamson Car Wash Attached please find a conceptual drawing of the proposed car wash which was submitted to Community Development by Mr. Adamson and which we received today when asked by Councilmember Taracka if there was any type of plan for the site. sam I I I i I APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. Ail such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to. it in each case that: 1) The granting of the permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and 2) The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. The fee for a special USe permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailing fee (currently $2.29 for U.S. mailing). NAME OF APPLICANT-' Fonald D. Adamson ADDRESS OF APPLICANT:_5.8.0_ Balboa ST. Se_b, Fl. 3..29.58 APPLICANT PHONE ~: Home: 388-14Qd~rkL388-2857 ADDRESS OF SUBJECT PROPERTY: Vacant-N. U.S. #1 LEGAL DESCRIPTION OF SUBJECT PROPERTY:Town Of Waure~an PBS-178 ZONING OF SUBJECT PROPERTY: Q3 REASON FOR REQUEST FOR SPECIAL USE PERMIT: To build a car wash. Car wash is not included in present zoninq ord. TIlE BUILBING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS b:specuse.app Date WAIVER ~hND CONSENT I/We, the owner(s) of the property located at NJ/9 ]m~ 9~ w~,~ 9~bE of US' Sebastian, Indian River County, Florida, (the "Property,,~' hereby ~ authorize each and every member of the z~n~/o~ on,~n~{~ Board/Commission of the City of S~ba§tlan--- (the "Board"/"Commission") to physically enter upon the property and ~ view the Property in connection with my/our pending Special Use Permit (the "Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our procedural or substantive due process rights under the Florida Constitution or the United States Constitution were violated by such entering or viewing. This Waiver and Consent is being signed by me/us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. day of Dated this _~ o and subscribed before me this /W ~ day ' My Commission Expires: of Notary Public To; '/ . i ' I 4<.., '~ I IGU1DANC~ I FOR, EFFLUE,NT 015CHAi'~G F~5 I FRON THF. I AUTO A,"ID OTHER LAUNORIF.~ POINT 5OLFRCE CATI:GORY I I Administrator ~e£fre), Dcrdt, Acting Oirecxor ~flucnt Guidefln~ Division G. Edw~d Sd§~Ll, Chic! Inorganic Chemicals &nd ~rvice Industries Bra.r~h ~lwood F.. Mart~ David ?~ps~n Feb~ 1982 INFORMATIONAL STATEMENT BY ICA LEGAL COUNSEL, FEDERAL REGULATIONS UNDER CLEAN WATER ACT DETERMINED NOT TO BE NECESSARY FOR CAR WASH ESTABLISHMENTS by James Pickman, Esq. Washington, D.C. In order to implement the provisions of the Federal Water Pollution Control Act Amendments of 1972, the United States Environmental Protectio-n Agency ('EPA') was required to issue effluent limitations guidelines, pretreatment standards and new source performance standards. Because EPA failed to meet the timetable set forth in the Act for issuing the required guidelines it was sued in 1976 by several environmental groups. The court-' approved settlement of that lawsuit in 1979 required EPA to develcp a program and adhere to a schedule for p.romulgating guidelines and pretreatment standards' for 21 major industries, including the car wash industry. However, .with respect to the car wash industry, the settlement decree did~provide that, "the toxicity and the amount of incompatible pollutants {taken together) introduced by such point sources into treatment works that are publicly owned, is so insignificant as not to justify developing a pretreatment regulation." Thereafter, in order to perform its obligations under both the 1972 Amendments and the settlement decreee, EPA did undertake a study of "auto and other laundries,' which included sampling and analysis of discharges from these industries. The results of the study were presented in an EPA "Guidance Document,' published in February 1982 by the Effluent Guidelines Division of EPA's Office of Water and Waste Management. That study concludes with respect to car wash establishments that 'no' further effort (would) be given to developing (federal) re. gulations for this subcategory." Although this document is dated 1982, it has not been superceded by a subsequent dccument. Attached are relevant excerpts from the Federal Cuidance Document. CAR WASH ESTABLIS}{MENTS Sampling and analysis cf discharges from this industry showed that toxic pollutant3, both inorganic and organic, occur in waste- water from all segmepts (except NEC). The amount and toxicity of these pollutants, however, were considered insignificant in all sub- categories except industrial laundries and linen supply laundries. The number of facilities in this industry with treatment systems is small. However, in cases where treatment systems have been instal- led, dissolved air flotation (DAF) has been selected as providing the best treatment. DAF effectively reduces both cenventional and toxic pollutants. The use of various alternative technologies for the removal of pollutants from th~-s industry was not feasible for various technological reasons (see Sect ion 7). TABLE 1-i. DISCHARGE GUIDA~CE Estimated Long-Term Average Daily Variability. Achievable Performance mg/1 Pollutant mg/1 Factor(a) 24-hr. max. 30 days Avg. Chromium 0.18 4.0 0.74 0.22 Copper 0.74 2.7 1.5 0.93 Lead 0.93 3.7 3.7 1.7 Zinc 0.74 4.4 2.9 1.1 T$S 40 20 ~OD 100 50 Oil and Greasa 20 10 (a) Daily variability factor is the ratio of the estimated 95th percentile to the estimated long term average. 2.2 OVERVIEW OF THE iNDUSTRY ' The Auto and Other Laundries industry category consists of nine segments which have been divided by the Standard Industrial Classifica- tion (SIC) system. The segments are: Power laundries, family and commercial Linen supply i I I Diaper service Coin-ope_~ated laundries and dry-cleaning Dry-cleaning plants, except rug cleaning Carpet and upholstery cleaning industrial laundries Laundry and garment services not elsewhere classified Car wash establishments 2.3 SUMMARY OF METHODOLOGY Background informaticn on the basic segments of the Auto and Other Laundries industry was obtained from literature, contacts with the industry and its trade associations, previous reports and a mail survey of specific segments of the industry. ~ Data on wastewater characteristics including sources and disposi- tion of wastewater, dis&barge quantities, and physical-chemical characteristics for each of the eight industrial segments were obtained from NPDE$ monitoring reports, municipal sewer district monitering reports, a mail survey of approximately 250 laundries, trade associa- tion studies, and the sampling and analysis programs conducted by the Agency. Sampling Pro_oram - Sampling and analysis of wastewaters generated by the Auto and Other Laundries industry was initiated by the Agency and its contractors in 1975. These early programs concentrated primarily on conventional and nonconventional pollutants and trace me t als. In 1978 a sampling program was begun to determine the presence and concentrations of the 129 tcxic pollutants as defined by the Consent Decree, in wastewaters from this industry. A total of 40 facilities were sampled for toxic as well as conventional pollutants. Sa~npling was conducted using automatic time-compositing equipment during operating hours at each facility. In most cases sampling was for cne day only. At facilities where wastewater treatment was in place, samples of both treatment influent and effluent were taken. One industrial laundry facility using a DAF treatment system was sampled over a one-month period to obtain data on the variability of is type of treatment system. Processing of Data ~ Data on raw waste characteristics are sum- marized and presented in Section 5 in terms of minimum, maximum, median and mean concentration. Using average flow data, typical pollutant loads in pounds or kilograms per day are also presented. Data from plants with was~ewater treatment systems in place are presented in Appendix A and summarized in Section 7. For the develop- ment of achievable performances, a statistical evaluation of these data was conducted and is presented in Section 9. 3.1.9 Car Washes (SIC 7542) The auto laundry is comprised of facilities designed for the auto- matic or self-service washing of vehicles including cars, vans, and pick-up trucks. There are three types of car washes, tunnel, roi!over, and wand, which will be described in 3.2.5. The industry, as a whole, continues to grow at a rate of 3-4% a year, although.the growth rates for each of the three types of facilities will vary. The nu~nber of new tunnel facilities has been fairly constant since their inception. The cost of land in many cities has become a major part of the capital outlay for a new facility, and thus the ~ost of these facilities may be prohibitive. Rollovers are primarily found at service stations where oil ccmpanies have often used them as promo- tional devices, sales, are therefore dependent on Such things as the availability of c_as. A company will not want to promote a product that is difficult to obtain, and so when a ~as crunch occurs, sales fall off. However, if different marketing techniques are used, and the car- wash is not viewed as a promotional device ,but rather as an additional source of income, sales should not be greatly affected. The largest sales increase has been for the self-service wand type facilities. The resurgence in sales is partly due to a general upgrading of both merchandise and facilities. Furthermore, wand washes offer the highest return cn the least investment of the three types of facilities. The number of bays installed at a location is generally based on market studies. These studies normally show that an initial four bay setup is the most economical. Car wash manufacturers are generally optimistic concerning future sales of auto washing equipment. As cars become more and more expensive, owners will keep them for longer periods of time, and must therefore take better care of them. This better care will include main- raining the appearance of the auto. Also, in many areas (e.g., apart- ment complex carports and driveways) people are no longer permitted to wash .~heir cars, and must take them to a car wash for cleaning. 3.2.5. Auto Laundry. There are three main types of car washes: tunnels, ro!lovers and wands. Ail thee types use basically the same processes to wash the auto, however the type of equipment used to accomplish this task varies. Process--The first step in washing an auto is the application of deter~ents and water and mechanically removing the dirt. This may be accomplished by brushes or high-pressure streams of water. The auto is %hen rinsed with clean water to remove the dirt and soap. Finally, the auto is dried either by a blower as in a tunnel or by the owner in a wand-type facility. ~ment--The tunnel wash is the larges~ of the three types and is usually housed in a long building. The vehicle is pulled by a con- veyor or driven through The length of the building, passing through separate washing, waxing, rinsing, and drying areas. A trench, usually. running the length of the building, collects the wastewaters. Because of this design, it is possible to keep the wash and rinse wastewaters separate by installing a dam in the trench. This facilitates the treat- ment and Fartial reuse cf the wastewaters. At a ro!!over wash, the vehicle remains stationary while the equip- ment passes over the car. Similar in design are the exterior pressure washes which utilize high pressure streams of water in lieu of brushes. At both types, all the wastewater is collected in a single trench. The car also remains stationary at a wand wash, but here the customer washes his own car with a high-pressure stream of water from a hand-held wand. As at a rollover, both the wash and rinse waters are collected in a single trench or sump. I I I I I I i I I I i I I I I I I I wastewater discharge rates are affected by essentially the san~e factors that affect process water consumption rates. The major factor affecting the total volume of wastewater discharged is the quantity of garments and flatwork being wasP. ed. Discharge per unit production rates are influenced by the types of materials handled, the soil loading on ~hese materials, individual washing machine design and capacity, overall laundering capacity (larger laundries tend to be somewhat more efficient in terms of water usage than smaller laundries) and the aforementioned factors which influence process water consumption, wastewater discharge ra~es are affected by the efficiency of the extractors used. In Table 5-i, a universal wastewater-discharge-to-water-c,~nsumption ratio of 0.9 was assumed because it is typical of the industry as a whole (according to LSSA representatives). Ho~ever, this assumption does not necessarily hold on a plant-bM-plant basis. Wastewater discharge rates for auto washes to a large degree depend upon the type of facility, whether tunnel, rollover, or wand, and the number of autos washed. A brief discussion of wastewater volumes for each type follows. Tunnels: A tunnel wash has the capacity to handle 80-120 cars per hour, although, the actual number of cars processed is usually much lower. The number of cars washed per day at a tunnel facility ranges from about 100 to 600, with the average of about 250. When fresh water is used for all cleaning procedures, an average of about 70 gallons per car is used. A large percentage of tunnel facilities recycle their wash water, cutting their usage to about 40 gallons per car. ~.arry-out and evapora- tion account for a water loss of 2 gallons per car. Tunnel washes then use between 40 and 70 gallons per car depending on whether the facility recycles its wastes or not. For the average facility, this amounts to between 10,000 and 17,500 gallons per day. Rollovers: These facilities do a much smaller volume of business than do tunnels, washing; an the average, 75 cars per day, with a range of 10-150. A typical rol!over uses between 30 and 45 gallons of water per car depending on the length of the cycle and the number of passes the equip- ment makes. Exterior pressure washers may use as much as 90 gallons per car. The typical ro~llover will discharge between 2,200 and 3,400 gallons per day with carry-ouT and evaporation losses about the same as tunnels. >~WandS~ ~Th- number of bays at a self-service wand-wash may range ~om ~ ~/ove~ 10, with an average of about five Each bay can handle b~twe~--5~and 12 cars an hour, depending on the length of the cycle and the number of cycles used. A typical wand will provide 4 gallons of water per minute for 5 minutes, or 20 gallons of water per cycle. The customer is usually able to choose from among wash, rinse and wax modes and therefore the amount of water used for washing as opposed to rinsing may vary. However, most people tend to use about 2/3 of the cycle for washing and 1/3 for rinsing. Water losses at a wand wash may be 9rearer than those at tunnels or roi!overs as the customer is able to point the wand in any direction, causing water to be deposited, in areas where it may not be collected in the sump. Also, the high pressure (800-1000 psi) causes atomization of the water stream leadinG to increased evaporation. There exis~ regional variations in the amount of water used at car washes. These variations are the greatest where winter conditions in ncrthern climates often necessitate the use of salt and sand on the roads. C~r washes in these areas must d~al with increased dirt loads consisting of ice, salt and grit. HiGh vo!u~me initial rinses are often used before the wash cycle and larger volume final rinses may be necessary to remove any dissolved salts left on the car so that spotting is minimized. 5.2.1.8 Car Washes Table 5-11 sum~r~arizes the co~Jventional and nonconventional raw waste pollutant data obtained for 6 rollover and 6 wand and 17 tunnel type car washes. For purposes of comparison, Table 5-12 presents separate tunnel car wash data for both wash and rinse wastewater. Based on median and mean pollutant concentrations shown in these tables, wand type car wash wastewaters are more heavily polluted than wastewaters from tunnel types and rollover type car wash wastewater are the least polluted. ~.~ The median and mean concentrations of BOD, .TOC. . and phosphorus were below" the typical concentration range of Dollutants...present in domestic wastewater. COD, T$$ and oil and grease concentrations were equivalent to or below the concentration in domestic sewage. 5.2.2.8 Car Washes Three tables present and summarize toxic pollutant data from the three types of car wash facilities. Table 5-22 summarizes wand facilities, Table 5-23 summarizes rollover facilities, and Table 5-24 sun%marizes tunnel facilities. These tables present the maximum, median and mean concentrations of each toxic pollutant found in the raw waste samples and the number of wastewater samples in which these pollutants were detected as well as the daily load of each pollutant in kg/day. Lead and zinc were present in all samples from each of the three typ~s of facilities. These toxic pollutant metals exhibited from the highest concentrations although the average ranged only from .5 rog/1 to 1.0 mg/1 for lead and 0.4 mg/1 to 1.5 mg/1 for zinc. The only other metals of significance were copper and nickel which were found in almost every sample. Their mean concentrations averaged less than 0.2 mg/1. Several toxic pollutant organics were found in the wastewaters from car washes. No pollutant was present in concentrations greater than 1.0 mg/1, and virtually all had mean concentrations below 0.05 mg/1. As with the conventional pollutants, the wand type facil- ities had the highest number and concentrations of, pollutants. o Pol!utan~ CONVENTIONAL AND NONCONVENTIONAL POLLUTANT CONCENTRATIONS IN ROLLOVER, WAND AND TUNNEL TYPE CAR WASH WA£TEWATER$. Numbera Minimum Maximum Median Mean Rol lovers pH 6 BCD5 6 COD 4 TOC 4 TSS 6 Oil and Crease 6 Phosphorus 4 Wand s BOD5 6 COD 4 TOC 4 TSS 6 Oil' and 9tease 6 ph'osphoru$ 4 ~ nnel$ p. 4 8OD5 17 COD 16 TOC 16 TS$ 17 Oil and grease 17 Phosphorus 16 a Number of data points Concentrations (mg/1) 6.2 7.7 7.7 7.3 8.0 132 20 37 102 254 135 156 24 173 31 65 30 576 158 199 6.0 188 9.4 45 0.25 1.9 0.41 0.74 6.4 8.3 ...,_ 7.4 ..... 7.~ 29 ". 220 . -'69.,,... 90 167 ..... ::" 1120 ~'~;38 · .i442.'~ 29 160 79 86 106 2970 659 ..:..~,, 929 20 404 .~ 90 126 0.8 3.2 2.8 2.4 7.5 9.0 8.7 8.5 <6.0 147 42 51 61 517 178 216 16 169 31 52 36 848 101 165 5.7 239 20 38 0.38 24 1.9 3.2 TA~SLE §-12. .CONVENTIONAL AND NONCONVENTIONAL POLLUTANT CONCENTRATIONS IN TUNNEL TYPE CAR WASH RAW WASH AND RINSE WASTEWATER$ Pollutant N ,~ber a Minimum Comcent rat ion~(mg/1 ) Maximtun Median Mean Raw Wash pH 15 7.! 10 8.0 8.3 BOD5 15 18 191 4 5 59 COD 14 96 652 204 261 TC~T 14 16 210 66 70 TSS 15 28 882 121 195 Oil and grease 15 4.8 655 17 68 Phosphorus 14 0.4 27 2.3 4.0 Raw Rinse pH 13 BOD5 13 COD 12 TOC 12 TSS 13 Oil and grease 13 Phosphorus 12 Number of data points 7.3 8.0 64 11 19 5.8. <0.2 9.4 8.,0 8.1 153 53 59 376 166 184 100 27 32 153 . 54 62 114 43 39 18.0 0.92 2.8 I I I I I I i ,~ I 00~000000 000 O000000000000 0 000 ~-'' I I I bbobb o oobboo bb ~] 0 X 0 0 0 0 0 0 /,5- I I~ 0 I'D ~ I..,.~ ~-~ ~1 ~I ~.~ I,.-,1.~.0 ~ ~ ~ ~0 ~'m 0 m' oo o ~ oo~o~o ~ oo oxI ~ · · I I I · · · · · · I · - 0 · I ~' Z~ .. ~ ~ ~, o ooooooo ~/ i 0 ~ ~ H. ~ ~ I I I ~ 0 ~ ~ H 0 I 0 I 3 · N ~ · ~ o i I I o o o o o o I o i ~ ~ TABLE 5-25 NUMBER OF DIRECT DISCHARGERS IN THE LAUNDRY INDUSTRY ...... T~tal Di:~ct' "DiS~h~ge~$ Subcategory Number Number Percent Industrial laundries Linen supply Power laundries Diaper services Carpet and upholstery. cleaners Coin-operated laundries Dry cleaning plants .ca~ washes 1,000 0 0 1,300 1 0.1 3,100 16 0.5 300 0 0 2,700 32,000 2 140 28,400 6 22,000 100 0.1 0.1 6.6 CAR WASH ESTABLISHMENTS fu~r Summary°f De t e r~i~ t ~°n~- _-=~-~ ~e~-~ ~ ~2~d f~a ~h~ s~ocat_g . Y._ ...... ~ecr~e, which states "the amount and to~c~y iv o~ the ~on~c~u ~ ' ' (~) ....... ' ~- the discharge does not justify developing ~t~lP~~o~· and Paragraph (b)(ii) which states 'the toxicity and the amount of incompatible pollutants (~ake9 together) introduced by such poin~ sources in~o ~rea~men~ wor~s hat are ublicly owned is so insignificant as not to justify ~~~ a pret~eatment regulation." ~ - -~ ~ffluents The car wash subcategory Production Frocess anu = - is comprised of facilities' designed for the automatic or self- service washing of vehicles including cars, vans, and pick-up trucks. There are three types of car washes, tunnel, rollover, and wand which were described in Section 3.2.5. Average wastewater_flows for tunnels, rollovers, and wands are 75.7, 11.4, and 19.9 mJ/day, respectively. Average toxic metals is less than 0.17 kg/day per facility for tunnels, less than 0.12 kg/day per facility for wands, and less than 0.15 kg/day per facility for rollover$. In all cases, zinc and lead were the major constituents of the to~al toxic metals. Toxic organics were found in very small quantities. PLANTS - There are some 22,000 car wash establishments of which an estimated 15,000 are tunnel, 3,500 'are wand, and 3,500 are rollover. Status of Regulatioos -'There are no existing regulations for this subcategory. ,'1 i i I i I I i I i I I I i I I I I City of Sebastian I 1225 MAIN STREET [] SEBASTIAN. FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407) ,589-5570 SUBJECT: Approval of ) Resolution No. R-97~12 ) ) ) ) Approval for Submittal By: ) ) City Man a ge r~~.~ d~. f~~. )r~_ ) ) ) ) ) ) Agenda Number: Dept. Origin: Community, Dev. (RM) Date Submitted :,, 02/21/97 For agenda Of: O3~5~97 Exhibits: 1. Resolution No. R-97-12 2. Staff report 3. Location map 4. application EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRiATION REQUIRED: SUMMARY STATEMENT Henry A. Fischer has applied for approval of a preliminary plat for an residential subdivision know as Fischer's Lake Island. This site has two previously approved preliminary plat which was never constructed. Some of the property associated with the previously approved preliminary plats have been sold to the State and Indian River County as a part of the environmental lands acquisition program. This has necessitated the preparation of a new preliminary plat. A copy of the staff.report, location map and application are attached. RECOMMENDED ACTION Approve Resolution No. R-97-12. RESOLUTION NO. R-97-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS FISCHER'S LAKE ISLAND SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDI/qG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, Henry A. Fischer has applied for approval of a preliminary plat for a subdivision known as Fischer's island Lake Subdivision; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has reviewed and recommends approval of the proposed preliminary plat, NOW, TFIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI:IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY PLAT APPROVAL. The preliminary plat of Fischer's Lake Island Subdivision, as prepared by James A. Fowler dated February 14, 1997, is hereby approved with the following conditions: a. That the applicant indicate the purpose of tracts & C, and D and to whom they are dedication on the face of the final plat. b. Prior to he commencement of construction, the applicant provide a statement that al utilities, except for water and sewer have been coordinated. Prior to he commencement of construction, the applicant provide shall provide a copy of the surface water management plan as approved by the St. Johns River Water Management District for staff review and approval. d. That the preliminary plat be corrected to show that wells and septic tanks will be used. That the applicant show on the face of the plat the following easements: I. Lake Betsey must be is a drainage easement. The drainage pipe east of lots 8 and 9, block B shall be located in an easement and an easement to flow across. All side yard easement shall be 6 feet wide except Where wider easements are shown. 4. A 20 foot wide maintenance easement around Lake Betsey. f. That the construction of the north end of Eagle Circle shall be aligned closer to the center of the right-of-way. The applicant shall provide an area in tract A which would allow for the passage of vehicles around the guard house in the event that an accident occurred at the guard house. Section 2. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect, Section 4. upon final passage. EFFECTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R, Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J, Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka day of ATTEST: The Mayor thereupon declared this Resolution duly passed and adopted this , 1997. CITY OF SEBASTIAN, FLORDA By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney Community Development Department Preliminary Plat Approval Application - Staff Report Project Owner: 6. 7. 8, Project Name: Requested Action: Project Location a. Address: b. Legal: c. Indian River County Parcel Number: Henry A. Fischer 10725 US #1 P. O. Box 68 Sebastian, FL 32978-0068 (561) 589-3159 Project Agent: Project Engineer: Project Attorney: Project Description Fischer~s Lake Island Subdivision Preliminary Platt Approval Narrative of proposed action: a subdivision west of the Sebastian River. Current Zoning: Adjacent Properties Zoninq RS-20 Current Land Use vacant vacant vacant vacant RS-20 North: East: South: West: The applicant proposes to construct Future Land Use preserve preserve 10, Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: Oldsmar fine sand Wabasso fine sand Electra sand Vegetation: cleared (4) (S) (6) (7) Flood Hazard: Water Service: Sanitary Sewer Service: 62 acres sand mine Parks: (9) Police/Fire: It appears that the site is in zone X. private wells septic tanks The proposed subdivision is adjacent to recently acquired as a preserve. Comprehensive Plan Consistency a. lands Future Land Use: Iow density residential future land use classification. consistent with this classification. The future land use map places this property in the The proposal is b, Traffic Circulation: The proposal is consistent with the traffic circulation element. Housing: The proposal is consistent with the housing element. Public Facilities: element. Coastal Management: management element. The proposal is consistent with the public facilities f. Conservation: element. The proposal is consistent with the coastal The proposal is consistent with the conservation Recreation and Open Space: The proposal is consistent with the recreation and open space element. Contents of Preliminary Plat: 2 f. g. h. i. j. name of subdivision: provided vicinity sketch: provided legal description including section, township and range: provided north arrow graphic scale: provided date of preparation: provided name, address, and telephone of applicant: provided name, address, and telephone of owner of record: provided name, address, and telephone of mortgage holder: none shown statement that they will join in the dedication: N/A name, address, and registration number of engineer: Mosby and Associates, Inc. 2455 14th Avenue Veto Beach, FL 32960 (561) 569-0035 name, address, and registration number of surveyor: registration number not provided name of adjacent subdivisions, if any, including plat book and page number reference: none names of owners of record of adjacent acreage: contour map including a perimeter strip up to provided provided 150 feet in width. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: 60 foot right-of-way, 24 foot pavement as required by code names and elevations provided all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided. What is the purpose of tracts A, C, and D? access points to collector and arterial streets showing compliance to the access requirements: provided all existing drainage district facilities and the ultimate right-of-way requirements: provided utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: Not provided a statement that all utilities are available and have been coordinated with all required utilities: Not provided sites proposed for parks, recreational areas and schools: No public parks or schools provided. Private recreational sites shown. location of all temporary structures or permanent structures having a temporary use: none shown x. if borders public water, delineate the mean high water line: provided plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DER and the city: Not provided permanent reference monuments shall be shown at all block comers, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided aa. block perimeter returns at block comers or other block line intersection: 4. Required Supplemental Information a. existing land use policy and proposed policy changes: b. on-site wastewater disposal data: c. surface water management plan: provided traffic impact analysis: not required (63 lots X 10 tdps per D.U. = 630 tdps, <1,000 tdps required for traffic impact analysis. e. required park land and/or facility improvements: 4 required potable water improvements: Private wells will be used. Preliminary Plat is in error. required wastewater improvements: Septic tanks will be used. Preliminary Plat is in error. erosion and sedimentation control improvements: provided reference to required improvements iii. iv. V. Vi, access: provided alleys: none needed blocks: provided bridges: none needed comprehensive stormwater management system: provided easements: c. side yard d. front yard e. rear yard f . maintenance provided: 0 Lake mersey must be in an drainage easement drainage pipe east of lot 50 needs to be in an easement as well as an easement to flow across. required: 6 provided: 5 required: 10 provided: lO required: 7.5 provided: 0 easement around lake required: l0 preliminary plat shall show dedication of drainage facilities to the homeowners association giving the city right of access if the association fails to maintain the system. vii. viii. ix. X. xi. xii. Xllh xiv. XV. xvi. xvii. XVIII. xix, XX. lots: provided seawalls, bulkheads, piers and docks: N/A soils: muck soils not expected. streets: The pavement should be aligned closer to the center particularly at the north end of Eagle Circle. Erica's Way does not meet code on construction drawings. The streets are acceptable on the preliminary plat. bicycle/pedestrian paths: none provided off-street parking areas: N/A utilities: Not provided utility installation: Not provided central water system: private wells central wastewater system: septic tanks individual sewage systems: N/A water and sewage treatment and processing plants: N/A median strips and entranceways: traffic control devices: provided 6. 7. 8. Se 10. 11. xxJ. xxJJ, XXIII. monuments: provided commercial and industrial subdivisions: mobile home subdivisions: N/A N/A j. schedule of multiple phases: none shown Fee paid: yes City Engineer's review: none City Attorney's review: none Other Matters: The Planning and Zoning Commission reviewed this project on February 20, 1997 and has recommended approval with conditions. Analysis: This project is a new preliminary plat for a parcel of land that previously had included the Sebastian Springs West preliminary plat and the Fischer's Lake preliminary plat. A portion of that land has been sold to the State and Indian River County as part of an environmentally endangered lands acquisition program. That has necessitated the submittal of a new preliminary plat for the property. The acquisition program has removed all of the environmentally sensitive lands from the previously approved projects. The project has been evaluated for the potential impact on the adjacent environmental lands. It is the staffs opinion that the design of this project minimizes any adverse effect on those lands. The drainage is directed internally to the large lake on the property. Most storm events will be treated in the lake. The preserve will be better protected with a road adjacent to the property rather than lots. If lots backed up to the preserve, encroachment is more likely. The Planning and Zoning Commission talked at length about the need for two access to the property. The project, as designed, can be connected in the future to the adjacent property to the west. The Land Development Code does allow the Council to waive the two entrance requirement if it posses an unreasonable burden. Conclusion: The proposed preliminary plat is consistent with the Code of Ordinances and the Comprehensive Plan. The proposed preliminary plat is consistent with the Land Development Code with conditions. Recommendation: It is recommended that the City Council approve the preliminary plat and the construction drawings for the Fischer's Lake Island Subdivision with the following conditions: 1. The purpose of tracts A, C, and D is provided and the proper dedication listed on the face of the plat. 2. A statement conceming that all utilities except for water and sewer have been coordinated. Prior to construction, the applicant shall provide a surface water management plan as approved by the St. Johns River Water Management Distdct for review and approval by the staff. The preliminary plat be corrected to show that wells and septic tanks will be used. 5. That the following easement be shown: Lake Betsey must be in an drainage easement drainage pipe east of lot 50 needs to be in an easement as well as an easement to flow across. side yard required: 6 provided: 5 rear yard required: 7.5 provided: recommended not to be required. maintenance easement around lake required: 10 provided: O, recommend a 20 foot easement. That the construction drawing be modified to show the pavement aligned closer to the center particularly at the north end of Eagle Circle; modify Edca's Way to meet code on construction drawings; provide stop signs and stop bars, to show blocks and remove the recreation improvements on the drawings. DATE Pt. AT SITE LOCATION'MAP NO. TRUE SCALE APPLICATION FOR PRELIMINARY PLAT FOR MAJOR SUBDIVISION CITY OF SEBASTIAN 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 TELEPHONE ~: (407) 589-5330 Application Number Oate_J_~u~_2~_t~_9_7 Owner Henr~ A. Fis_c_h~_%_ Address Subdivision Name__._'Fischers..~_ Island Lake~.~ Subd. Township__33,~uO~ .... Range__3ug_~e __ Project Surveyor_J~_m__~__%w~ar~ ....... Florida State ~__3~ .... Project EngineerJi~%b_y_v~_-A-s-s-o-c~i~ Florida State Zoning Classification_~_~3~___- Land Use Designa~ion.T~D-_l____ Development Site Size_~ ..... scres Proposed Units Per Acre___~_ ....... Minimum Lot No- of Lots 58 Will development be in phase~? No The following attachments shall accompany thi~ application: 1. A copy of the owner'~ recorded deed. 2. If applicant is other than the owner, a mworn statement of authorization is reguired. 3. Fifteen (15) copies of all-plans. (Pive for initial review) 4. Preliminary plat reguires complianc~ with Sec. 20A- 16.4 (B) of the Land Development Code, City of Sebastian. ~. Existing legal description. FEE SCHEDULE Less than 10 acres 10 acres to 25 acre~ 25 acre~ to ~0 acres Over 50 acres $350.00 ~00.00 750 .00 ~5.00/ y A. Fischer City of Sebastian i 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 I TELEPHONE (407)$89-5330 r~ FAX (407/ 589-5570 SUBJECT: Approval of Resolution No. R-97-13 ) ) Approval for Submittal By: ) ) City Manager~/~'~],(~~-~) V ) ) ) Agenda Number: Dept. Origin: _ Date Submitted: For agenda Of: Exhibits: 1. 2. Community Dev. (RM) 02/.2.1197 O3~5~97 Resolution No. R-97-13 Location map EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRiATION REQUIRED: SUMMARY STATEMENT The preliminary PUD for Villages of Lake Delores otherwise known as Park Place was approved in 1988 and part of the project has been constructed. There has not been a final PUD approved for the site. Part of the property has been sold to a third party. The Land Development Code provides that the final PUD shall be submitted within eighteen months. Upon failure to meet this requirement, the city council shall hold a public hearing to consider terminating the approval of the preliminary development plan and the city council may initiate the rezoning of the property to an appropriate zoning classification. In the past, the staff apparently took the position that as long as the Lake Dolores (Park Place) was not selling lots, the final PUD was not required. The present staff disagrees with that position. The code clearly requires a final PUD plan. In order to place this project in some sort of compliance with the code, the staff recommends that the city council adopt a resolution approving the preliminary PUD as approved in 1988. Then, the property owners will be required to submit a final PUD within eighteen months or request an extension. This will allowed the city to better manage the development in that area. Resolution R-97-13 approves the preliminary PUD as adopted in 1988. The staff has not done a detailed review of the project as if it were a new application. A significant portion of the project has been constructed and such a review is not required under the circumstances. RECOMMENDED ACTION Approve Resolution No. R-97-13. RESOLUTION NO. R-97-13 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR A PUD KNOWN AS LAKE DELORES A.K.A. PARK PLACE; PROVIDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, the Villages of Lake Delores received approval of a preliminary development plan for a planned unit development (PUD) known as Villages of Lake Delores a.k.a. Park Place in 1988; and WHEREAS, the final PUD and final plat for the Villages of Lake Delores PUD has not been submitted; and WHEREAS, the City Council of the City of Sebastian has terminated the preliminary development plan for the Villages of Lake Delores PUD, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIl. OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY DEVELOPMENT PLAN APPROVAL. The preliminary development plan for Villages of Lake Delores PUD a.k.a. Park Place, as shown on the sheets 1, 2, and 3 of 3 entitled Preliminary Geometry prepared by Gerald Weatherington, dated 8/298/84 are hereby approved. Section 2. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon final passage. EFFECTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma j. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka day of The Mayor thereupon declared this Resolution duly passed and adopted this , 1997. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney m ~ SEBASTIAN HICHLAND$ i ~ CITY UMITS I I m , OTY UMITS m i m Cl~ LIMITS i LoC.~T ~o ~ City of Sebastian 1225 MAIN STREET [] SEBASTIAN. FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407)589-5570 SUBJECT: Approval of ) Resolution No. R-97-14 ) ) ) ) Approval for Submittal By: ) ) ! ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. Date Submitted: 02/21/97 For agenda Of: . 0.315197 Exhibits: 2. 3. 4. Resolution No. R-97-14 Staff report Location map application (RM) EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Villages of lake Delores has applied for approval of a final PUD and final plat for an residential subdivision know as Park Place Plat 1. The preliminary PUD was approved in 1988 and part of the project has been constructed. The proposed final PUD and final Plat completes a portion of the project. A copy of the staff'report, location map and application are attached. RECOMMENDED ACTION Approve Resolution No. R-97-14 . RESOLUTION NO. R-97-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS PARK PLACE, PLAT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Villages of lake Delores has applied for approval of a final PUD and final plat for a subdivision known as Park Place, Plat 1; and WItEREAS, the Planning and Zoning Commission of the City of Sebastian has reviewed and recommends approval of the proposed final PUD and final plat, NOW, THEREFORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY PLAT APPROVAL. The final PUD and final plat of Park Place, Plat 1, as prepared by William E. Hayhurst dated December 17, 1996, is hereby approved with the following conditions: a. That the applicant provide the bonds for the incomplete work in the format approve by the City Attorney. Section 2. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of tiffs resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon final passage. EFFECTIVE DATE. TIffs Resolution shall take effect immediately The foregoing Resolution day of ATTEST: was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this ,1997. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney Community Development Department Final Plat Approval Application - Staff Report Project Name: Requested Action: Project Location Park Place Plat 1 Approval of final PUD and Final Plat Project Owner: Project Agent: Address: Legal: Indian River County Parcel Number: Village of Lake Dolores = Project Engineer: Knight, McGuire & Associates, Inc. 2901 Cardinal Ddve Vero Beach, FL 32963 Project Attorney: Project Description Narrative of proposed action: The preliminary PUD for Park Place was approved in 1985. This requested action is approval of a final PUD and Final Plat for a section of the odginal project. Current Zoning: Adjacent Properties Zonin~j PUD-MH Current Land Use Future Land Use North: PUD-MH vacant East: PUD-MH vacant South: PUD-MH vacant West: RS-10 vacant and homes PUD-MH PUD-MH PUD-MH LDR d= Site Characteristics (1) Total Acreage: 18.6 acres (2) Current Land Use(s): mobile home park 10. (4) Soil: Archbold sand Vegetation: urban, cleared Flood Hazard: Zone X - outside the 500 year flood plain Zone A - no base flood elevation determined Sanitary Sewer Service: Parks: Police/Fire: Future Land Use: Consistent Consistent Consistent Consistent Indian River County Utilities Indian River County Utilities Coastal Management: Consistent Conservation: Consistent Recreation and Open Space: Consistent (6) Water Service: (7) (S) Comprehensive Plan Consistency a. b. Traffic Circulation: c. Housing: d. Public Facilities: e. f. g. Contents of Final Plat: a. Name of Subdivision: b. Title block: provided c. Legal description: provided d. Index sheet: provided e. Require Survey Data: Park Place Plat 1 provided scale: provided north arrow, bearing or azimuth: 2 bIIi, iv. V, vi. vii. provided point of beginning: provided 25" radius at intersections 30" provided adjoining property: provided permanent reference monuments: provided space reserved for use by clerk of the circuit court: provided fo VIII. iX, mathematically close within 0.01 foot: provided vicinity sketch: provided Lot and Block identification: Street Names: provided Not-included parcels: provided Right-of-ways and easements: provided 11. 12. 13. Restrictions, reservations and restrictive covenants: provided k. Private street and related facilities: provided I. Certification and approvals: ii. iii. iv. V. vi. vii. viii. dedications: provided mortgagee's consent and approval: provided certification of surveyor: provided city engineer: provided city attorney: provided mayor and city clerk: provided certification of title: provided instrument prepared by: m. Existing or recorded streets: Timing of improvements and/or posting of surety: not provided Schedule of development phases: N/^ Time restriction on development: 14. 15. Submission of final plat: I. contract: ii. guarantees: City Engineer's review: City Attorney's review: statement indicating when improvements will be made: not provided fee paid: provided check for recording plat with the clerk of the circuit court: copy of homeowner's association or condominium documents: provided construction of improvements after approval: not provided not provided none not complete 17. 18. 19. 20. Other Matters: none Analysis: Conclusion: The proposed final PUD is consistent with the Code of Ordinances and the Comprehensive Plan. The project is consistent with the Land Development Code with conditions. Recommendation: It is recommended that the City Council approve the Final PUD and the final Plat for a portion of Park Place with the following conditions: That the applicant provide a statement as to when the improvements will be completed and a surety bond for the future improvements. DATE TO WNSHIP 31' SO UTH, RANGE 3 9 . E~ LOCATION MAP MOBI'LK HOM..I~ PARK (~.~.~.) mM, FUTURE DE'V~LOPMLq',IT (P.U.D.-U.H.) 29 ~rdd (p.u.D. - M,H.'I JOHN'~ ISLAND CLUB WEST GOLF COURSE UNmCOP,~OP~TED IN~L~ ~ ¢OUNT~ (,.U.D.- p,&ln~ ]q~O~1al111' (P,U,D. - SECTIONS 20, 29, 31 SOUTH, 'RANGE PROJ' SITE (P,U.D.- (P.U.D.) INDICATES ZONING DISTRICT. TOWNSHIP 39 EAST CT ;ENT ~"~ =:~ LEGAL DESCRIPTION "' - ~I~'NCING AT THE SOUTHEAST CORNER OF SEC.?ON 20. TO.SHIP 5~ SOUTH. RAN PUD APPLICATION FORM CIlfY OF SEBASTIAN 1225 [lain STREET .'-~EBAST I AN ~ FLOR ! DA TELEPIIO~E~ Thi9 91k~ plan app],lcaEtun mug~ b~ outplayed and r~urn~d office, Thl~ oppllca~ton will ~l~en b~ re/-rr~ ADDRESS .............................. PIIONE ZONING CLA~SIFICATION~3~i~, LAND U$~ DESIGNATION STREET ADDR~S~ GU THE PROJECT NEV SUBMITTAL ,..~ ................. CHANGE TO EX.I~T~NG PUD SOUARE FOOTAGE OF H~V IMFERVIOUS SURFACE GOUARE FOG'[AGE OF FROI'USED CIIANOE AFPLICANI' TIlE F[{LI.,OVlN'i; A'rl-ACIIHEN'rs SHALL ACCOMPANY TIlE APPLICATION 1. A copy of tl,~ owner'~ dv~d. {~ ,othgr tim, own~i', u sworn m~a~emen% of authoriz~iun. 3. Rmvtmw (~ oi m ~_~.~0 il, camh ur chack ·drawn ua ~ · 2~.00 PBR ~E,A~ PLUS ~IO.C'U PE~ ACRE ~ F~ACTiON THEREOF. ALL AFPLICAN'I'~ ARE F.,NCOURAGF. D 'rD SCHEDULE A pRE-APFLICATION CONFER~,NC~ VlI'}t THE PLAIININO AND ZONING COMMISSION OR ilOUgE STAFF PRIOR 'to TIiE SUBMITTAL OF PLANS. pRE-AFPLIGATION CONFERENCE FEE; ~,100.00 A~D RE,FIRED AFFLICATIOH FORM PER CII'Y REMtH.n~'I(.;N R-.nS-02.