Loading...
HomeMy WebLinkAbout04161997 City of Sebastian 1~25 blAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL ltEARING(S) WEDNESDAY, APRIL 16, 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 1. CALL TO ORDER 2. PLEDGE OF ALLLEGIANCE 3. ROLL CALL 97.118 1-19 OUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) Conduct Public Heating on Application for Special Use Permit for a Proposed Libertino Daycare Center - Tract E, Block 485, South Wimbrow Drive in Residential Single Family District (RS-10) - Consider Adoption of Resolution No. R-97-23 (Director of Community Development Transmittal 4/10/97, R-97-23, Staff Report, Application, Location Map, Sec. 20A-6.1.C.3. LDC) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS- 10 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WIMBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 97.119 21-32 Conduct Public Hearing on Sebastian Lakes Shopping Center Final PUD and Final Plat - Consider Adoption of Resolution No. R-97-24 (Director of Community Development Transmittal 4/10/97, R-97-24, Staff Report, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEdlRING) 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 UPON WHICH THE APPEAL IS TO BE HE. ARD. (286. O105 F.S.) 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 LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2 Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-96-87): Mayor/Presiding Officer Opens Hearing and Outlines Rules · City Attorney reads Ordinance or Resolution (if Applicable) · lfRequested by Party or Party Intervenor - Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors Y/ho Intend to Testify · For Non-Land Use Matters - Disclosure of Ex-Parte Communication · Stafflnitial Presentation · Inquiry of Staff by Affected Parties through Mayor or Presiding Officer · AppHcantPresentation - Uninterrupted 15Minutes Inquiry of Applicant by Council (or Staff or Affected Parties through Mayor or Presiding Officer) · Proponents' Testimony - $ Minutes or lOMinutes if Representing 5 orMore · Inquiry of Proponents by Council/Board Opponents' Presentation - Affected Opponents I5 Minutes - Other 3 Minutes or I 0 Minutes if Representing 5 or More · Inquiry of Opponents by Council/Board · Opening of Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More · Inquiry of Informational Witnesses by Council/Board ° Closing of Public Information Period · S~affResponse andSummary - lOMinutes (AffectedPartiesMay be Allowed toMake Clarifications orAsk Questions of Staff) · Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or StaffMay be Allowed to Make Clarifications or Ask Questions of Applicant) ° City Council/Board Inquiry of Applicants, Opponents or Staff · Close Hearing and Formal Action Affected Parties are the Applicant, Staff or Affected Landowners Entitled to Notice Under any Statute or City Code. Upcoming Meetings: Yr'orkshop - Wednesday, April 23, 1997 ~ 6pm (Parking) Regular Meeting - Wednesday, April 23, 1997 ~ 7pm or soon thereafter Quarterly Open Meeting - Wednesday, April 30, 1997 ~ 7pm City of Sebastian, Florida Subject: Libertino Day Care Special Use Agenda No. '~7. //0° Permit Department Origin: Commut~ty Development Approved for Submittal by: (RJM) Y-~------- ~ [Date Submitted: April 10, 1997 "/VJ'~b~4.l"d~g~'~-~'~ ~-'For Agenda 0f: April 16 1997,, Exhibits: Resolution R-97-~g3 ;Staff Report; application; location map; Section 20A-6.1C.3., LDC EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUlVlM~Y Judith M. Ordonez and Carmine C. Libertino have applied for a special use permi.'t to operate a child care facility on South Wimbrow. Such facilities are normally handled as a conditional use permit. However, the code requires a child care facility to be located on a major collector. The comprehensive plan classifies South Wimbrow as a local street (only CR 505 and 512 are major collectors. If the definition of a major collector in the Land Development Code was able to be used, South Wimbrow would be classified as a major collector. The Planning and'Zoning Commission as well as the City Attorney recommend that the request be handled as a special use permit. Approve resolution R-97-23. RECOMMENDED ACTION RESOLUTION NO. R-97-23 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTIAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS-10 ZONING DISTRiCT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WIMBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Carmine C. Libertino and Ms. Judith M. Ordonez have applied for a special use permit for a daycare center; and ~ WHE.REAS, the Planning 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 RS-10 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 THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. FINDINGS OF FACTS: The City Council of the City of Sebastian, after considering the evidence presented at the hearing, finds as follows: The requested daycare center located on South Wimbrow 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 RS-10 zoning district and is similar in nature and compatible with uses allowed in such a district. i I I SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use .. permit ~r~ine C. Libertino and Ms. Judith M. Ordonez to operate a daycare I cneter at a lot described as follows: City of Sebastian, Tract E, Sebastian Highlands Unit 15. I SECTION 3. CONDITIONS.' The following conditions are required to secure the obje~ent of the land development code Sec 20A-6.1.3: i (1) One accessory al'fi-street parking space shall be provided for each .. ~: five (5) children accommodated in the child care facility.. I (2) No such facility shall be permitted on a lot unless it contains a I minimum often thousand (10,000) square feet. (3) Special passenger loading and unloading facilities shall be provided I /.'¢' on the same lot for vehicles to pick up or deliver clientele. Such ' ,.'-' facilities shall include driveways that do not require any backup movements by vehicles to enter of exit the premises. "I (4)' All regulations of the State of Florida as amended hereat~er that pertain to the use shall b satisfied, i (5) A fenced area of usable outdoor recreation area of not less than forty-five (45)square feet per child (based on the maximum I capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time th,,e, application is filed. For I purp,oses of this provision, the term usable outdoor recreation area' shall be limited to the following: I (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent I property boundaries. (b) That area outside the limits of the front yard setbacks, i (c) Only that area which can be developed for active outdoor  recreational purposes. I (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. O-93-01, § 70, 2-24-93) (6) Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A- 10.2(F) of this ordinance.. SECTION 4. SEVERABILITY: 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: All Resolutions or parts 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 Walter W. Barnes Vice-Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan day of ATTEST: The Mayor thereupon declared this Resolution duly passed and adopted this , 1997 City of' Sebastian, Florida By: Walter W. Barnes, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles: .- City :Attorney?,.. o Community Development Department Special Use Permit Application - Staff Report Project Name: Requested Action: Project Location a. Project Owner: Libertino's Daycare Center Approval of Special Use Permit. Address: Legal: Tract E;';'Sebastian Highland Unit 15 Indian River County Parcel Number: 31-39-07-00001-0000-'00000-1 Judith M. Ordonez and Carmine C. Libertino. 122 Crawford Ddve 6167 Island Harbor Road Sebastian, FL 32978 Sebastian, FL 32978 Project_ Agent: Project'Engineer: Project Attorney: Project Description: a= Narrative of proposed action: Owners are requesting approval of a special use permit to..build a daycare center on approximately 26,000 sq. ft., on one parcel, located on South Wimbrow, one block south CR 512. b. Current Zoning: RS 10 c. Adjacent Properties Zoning Current Land Use North: CR 512 commercial and vacant East: IN vacant South: RS- 10 residential West: RS-10 residential Future Land USe CL IN LD LD 10. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: 1.5 acres vacant, undeveloped Immokolee Fine Sand Flatwoods Zone X Indian River County Utilities Indian River County Utilities ~arber Street Sports Complex - approx. 2 miles City of Sebastian - approx. 1.5 miles Comprehensive Plan Consistency a. Future Land Use: consistent b. ?.;'Traffic Circulation: consistent c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent Recreation and Open Space: consistent 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? A day ' care facility is a conditional use in the RS-10 zoning district. The conditions are described in Sec. 20A-6.1.3. The conditions are: Conditional use criteria. Child care facilities will be allowed provided the following conditions are met: The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. A facility located within the RS-10 distdct shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. A facility located in any other zoning distdct shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. (Ord. No. 0-93-01, § 60, 2-24-93) (2) (3) (4) (5) (6) (7) One accessory off-street parking space shall be provided for each five (5). children accommodated in the child care facility. No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any ba¢..kup movements by vehicles to enter or exit the premises. All regulations of the State of Flodda as amended he~:eafter that pertain to the use shall be satisfied. A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Flodda laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 70, 2-24-93) Screening: All side and rear accordance with the standards 10.2(F) of this ordinance. yards shall be screened in established in section 20A- 3 11. 12: 13. 14. The proposed use can meet all of the requirements except for the location on a major collector. See the discussion under additional considerations. With the conditions, the proposed use is not 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. 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? With the conditions outlined above, the proposed use is consistent with the purpose and intent of the RS-lO zoning district, and is similar in nature and compatible with the uses allowed in the zoning district. Additional considerations: According to the Land Development Code, a child care facility located within the,.RS-10 district shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. The code defines a major collector as a street that collects and distribute traffic from residential access streets to arterial streets or other collector street~. By this definition, South Wimbrow is clearly a major collector. The comprehensive plan, however, only identifies CR 505 and CR 512 as major collectors all other streets are local streets. The comprehensive plan prevai!$.'when there is a conflict. This matter was taken before the Planning and Zoning Commission on March 6, 1997 to receive the Commissions interpretation of the code. The Commission agreed that the location was desirable for a day care facility but the comprehensive plan prevented the approval of a conditional use permit. The Commission recommended that the issue be handled as a special use permit. Other Matters: The Planning and Zoning Commission has reviewed this application and recommends approval with the conditions contained in the Land Development Code for a day care facility. Analysis: The proposed use is allowable as a conditional use in the RS-lO zoning district. The code requires the facility to be located on a major collector street. By code definition, South Wimbrow is a major collector, by the comprehensive plan it is not. The comprehensive plan apparently is based on the road classifications as determined by Indian River County. The City of Sebastian can develop its own classification system in the plan. Currently, the staff is preparing a recommendation that local streets be further classified as local collectors, major local and minor local streets. South Wimbrow at this time is being proposed to be a local collector. The Land Development Code can then be amended to allow uses that currently must be located on a major collector, to be allowed on local collectors. 4 The proposed use could be considered as a special use permit. I 15. Conclusion: With the conditions as outlined for the conditional use permit, the proposed use is not detrimental to the public safety, health or welfare or I injurious to other properties or improvements within the immediate vicinity in which the property is located nor is the use detrimental to the public safety, health or welfare or injurious to other properties or improvements within the i viCinity in which the property is located. immediate 16. Recommendation: The staff recommends that the City Council find that the I proposed use is not 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 nor is the use detrimental to the public safety, I health or welfare or injurious to other properties or improvements within the immediate vicinity in which theproperty is located. I The staff further recommends'that the City Council approval of the special use ,. ~ permit for the daycare center on South Wimbrow with the following conditions: i 1. One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility. I 2. No such facility Shall be permitted on a lot unless it contains a ;,!i~" minimum of ten thousand (10,000) square feet. I 3. Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not I require any backup movements by vehicles to enter or exit the premises. i 4. All regulations of the State of Flodda as amended hereafter that pertain to the use shall be satisfied. 5. A fenced area of usable outdoor recreation area of not less than I forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated I on the site plan submitted at the time ~,he application is filed. For purposes of this provision, the term usable outdoor recreation area" shall be limited to the following: i (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. (Ord. No. 0-93-01, § 70, 2-24-93) Screening: All side and rear accordance with the standards 10.2(F) of this ordinance, yards shall be screened in established in section 20^-' PREPAI~ED BY DATI~ In accordance with Section 20A-2.6, Land Development Code, the City Council may, in its sole discretion, ~rant a special use~ permit in any district for a use which is not provided for in the zonin~ regulations. Ail such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant comprehensive plan or other applicable law o~ regulations. The City Council shall not ~rant 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 o~ improvements within the immediate vicinity in which the property is located~ and 2) The use requested is consistent with the purpose an~ intent of the respective district, and oan be demonstrated to be similar in nature and ~ompatible with the uses allowed in such district. The fee for a special use permit is $150 (established by Resolution No. R-88-09). In-saddition the applicant must p~ovide 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 ~eturn ~eceipt mailin~ fee (~urrently $2.29 for U.S. mailing). ' ~ Zlol9- o oo I - oooo - ooo o, I T~E BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS Signature of ^pp.licant Date btspecuse.app ~We, the owner(s) of the property Sebastian, Indian River County, Florida, (the ~ProDerty,,) authorize each and every member of the Board/Commission of the "Board"/"Commission,.) to physically view the Property in connection with my/our pending (the "Proceeding"). ~We hereby waive any objection the quasi-judicial nature of the Board/Commission member entering or viewing the property, any claim or assertion that my/our procedural process rights under the Florida Constitution or the United States Constitution were violated by such This Waiver and Consent is ~eing not as a result of any coercion applied, employee, agent, contractor or official Dated this I_~ day of .I CONSENT )rida, (th~ ~'~o~.e~rtY',), 'hereby of the ~L3 I City of= Seb~stlan' {'the ly enter upo~ the property and ~h my/our pending= ~ . or defense ~/we may ~ave, due to ~ proceeding, resulting from any )r viewing the property, including ur procedural or substantive due Constitution or ~he. united States :h entering or viewing. siqned by ~/u~ voluntarily and ~ppl~ed, or promises made, by any ~fic~al of the City of ~ebastian. , SWORN to and subscribed before me this !~. day of My Commission Expires: Notary' PUblic ~i) DORIS J. ~R~NT .:,: :,: MY COMMISSION t' ~388951 EXPIRES ..... ~NI~ ~]~ ~ F~ I~[~, I~, CITY LIMITS INDIAN RIVER COUNTY CITY LIMITS SEBASTIAN ELEMENTARY SCHOOL ~&C~T !,4 TRACT O iN CITY LIMITS A-1 LEGAl, BASIS AND GENERAL PROVISIONS § 20A-6,1, (8) (d) Storage of inoperative or unregistered motor vehicles generally shall not be permitted on the prernises. However. motor vehicles which are being serviced may be stored in appropri. ate outside parking areas for a period not to exceed eight (8) days. LandscaPing. All vehicle storage areas, aisles, travel lanes, driveways, and other outdoor areas designed for the use of vehicles being serviced or maneu- vered sh..ail conform to landscape requirements for off-stree~ parking areas. 2. Bars and lounges: ao Applicable zoning districts: Bars and lounges shall be permitted as a conditional use within the following · zoning districts: CG and GMC. Conditional use criteria: (1) No site shall be located closer than .one hundred (100) feet to any residential district, place of wor- ship, or public or private school. (2~ The use shall comply with all applicable state and local codes and ordinances. (3~ Necessary measures shall be taken to ensure that the operation of the facility will not disturb adja. cent property owners and the facility shall comply with the provisions of subsection 20A.7.41GX9). 3. Child care facilities: Supp. No. 15 Applicable zoning districts: Child care facilities shall be permitted as a conditional use within the following zoning districts: RE-40. RS-20. RS-15. RS-10, RM-8, RM-12 and COR. Conditional use criteria. Child care facilities will be allowed provided the following conditions are met: (1) The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. A fa- cility located within the RS-10 district shall be located on a major collector street or larger as des- 395 § 20A.6.1. (2) (3) (4) (5) (6) SEBASTIAN LAND DEVELOPMENT CODE ignated on the city's adopted thoroughfare map. A facility located in any other zoning district shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. (Ord. No. 0-93-01, § 60, 2-24-93) One accessory off-street parking space shall be pro- vided for each five (5) children accommodated in the child care facility. No such facili..ty shall be permitted on a lot unless it contains a m~mmum of ten thousand (10,000) square feet. Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the pre- mlses. .All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. A fenced area of usable outdoor recreation area of not less than forty-five (45) square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this pro- vision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) That area outside the limits of the front yard' setbacks. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than eighty (80) percent of the combined total areas of the rear and side yards, Supp. No. 15 396 LEGAL BASIS AND GENERAL PROVISIONS § 20A.6.1. (e) No usable outdoor recreational area shall be utilized within arty dedicated easement. (Ord. No. 0-93~01, § 70, 2-24-93) (7) Screening: All side and rem-yards shall be screened in accordance with the standards established in section 20A-10.2(F) of this ordinance. Churches, synagogues and other places of worship: a. Applicable zoning districts. Churches, synagogues and other places of worship shall be permitted as a condi- tional use within the following zoning districts: RE- 40, RS-20, RS-15, RS-10, RM-8, RM-12, and PS. b. Conditional use criteria Churches, synagogues and other places of worshiP will be allowed provided the following conditions are met: (1) A minimum lot area of twenty thousand (20,000) square feet shall be required. (2) A minimum lot width of one hundred (100} feet shall be required. (3) The maximum lot coverage by all impervious sur. faces shall not exceed sixty (60) percent of the lot area. (4) No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or district. (5) Access shall be from a major thorougl~fare or as otherwise approved by the city engineer. (6) Any accessory residential use or school upon the premises shall provide such additional lot area as required for such use by ~his section and shall further be subject to all conditions set forth for such uses by this section. Accessory residential uses may include convents, monasteries, rectories or parsonages. (7) Screening: All side and rear yards abutting resi- dential districts or uses shall be screened in ac- cordance with the standards established in sec- tion 20A.10.2(F) of this ordinance. Supp. No. 16 397 Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-96-87): · Mayor/Presiding Officer Opens Hearing and Outlines Rules . City Attorney reads Ordinance or Resolution (ifApplicable) · If Requested by Party or Party lntervenor- Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors Nrho intend to Testify · For Non-Land Use Matters - Disclosure of Ex-Parte Communication · Stafflnitial Presentation ° Inquiry of Staffby Affected Parties through Mayor or Presiding Officer · ApplicantPresentation ~ Uninterrupted 15Minutes · Inquiry of Applicant by Counci! (or Staffor 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 Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing .5 or More ,.. · Inquiry of Opponents by Council/Board · Opening oflnformational Testimony- 3 Minutes or 10 Minutes if Representing 5 or More ° Inquiry of Informational Witnesses by Council/Board ° Closing of Public Information Period · St. affResponse and Summary - I0 Minutes (Affected Parties May be Allowed to Make Clarifications or Ask Questions of StafJ) · Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or StaffMay be Allowed to Make Clarifications or Ask QuestionS of ApplicanO ° City Council/Board Inquiry of Applicants, Opponents or Staff · Close Hearing and Formal Action Affected Parties a~e the Applicant, Staff or Affected Landowners Entitled to Notice Under any Statute or City Code. Upcoming Meeting: Workshop - Ye'ednesday, April 23, 1997 ~ 6pm (Parking) Regular Meeting - Wednesday. April 23, 1997 ~ 7pm or soon thereafter Quarterly Open Meeting - Wednesday, April 30~ .1997 ~ 7pm City of Sebastian, Florida Subject: Sebastian Lakes Shopping Center Final PUD and Final Plat Approved for Submittal by: Agenda No. ¢ 5, / / ~ Department Origin: Community Development (RJM) Date Submitted · April 10, 1997 ~?4 £4.J. ~ For Agenda of: April 16 1997 Exahibits: Resolution R-¢7-24; Staff Report; location map EXPENDITURE REQUI]LED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY The construction of the Winn Dixie has been completed and the project is ready for final Planned Unit Development and Final Plat approval. The staff report identifies a few items that are incomplete. These should be completed before the City Council meeting. RECOMMENDED ACTION Approve resoluti0~ R97-24, provided incomplete items are addressed. RESOLUTION NO. R-97-24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PUD AND FINAL PLAT FOR A PUD KNOWN AS TRACT A OF SEBASTIAN LAKES UNIT 1; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, PTC Enterprise;' INC., has applied for approval of a final PUD and final plat for a shopping cemer known as Sebastian Lakes Unit 1, Plat 12. NOW, THEREFORE, BE IT RESOLVED BY Tl~ CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY PLAT APPROVAL. The final PUD and final plat .of Sebastian Lakes Unit 1, ,Plat 12, as prepared by Parsons Surveying, INC., March 14, 1997, is hereby approved with the following conditions: 1. Tlmt the utility easement and north drainage easement be identified on the plat. 2. That vice-mayor be changed to mayor in the approval of city council block. That the applicant receive approval of the Planning and Zoning Commission of the changes in the parking. That the landscaping be completed according to the approved site plan as modified and approved by the Community .Development Director. 5. Tract 2, Phase II and Phase III shall be maintained in grass to prevent erosion. A portion of the right-of-way of CR 512 and Laconia Street not sodded, shall be sodded. The area at the intersection of Roseland Road and Laconia Street shall be sodded. The outfall of the s°uthem stormwater drainage system on Roseland Road discharges into retention area "A", Approximately half of the culvert is full of sand. This sand shall be removed to allow for culvert to properly discharge. The northern stormwater culvert discharging into retention area B shall be inspected to confirm that the problem does not exist there. Just to the north of this discharge, the anchors for the power lines are located. This creates a vertical slope, which will eventually erode filling the culvert and undermining the anchors. Rip-raping this area shall be completed to correct this problem. Section 2. hereb"y repealed. CONFLICT. Ail 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 pan 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 thr' 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 Walter W. Barnes Vice-Mayor Richard J. Taracka Councilmember Loiuse R. Canwfight Councilmember Larry Paul Councilmember Ruth Sullivan day of The Mayor thereupon declared this Resolution duly passed and adopted this , 1997. CiTY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: .i:" Kathryn M. O'Halloran, CMC/A.A.E City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney Community Development Department Final Planned Unit Development Approval Application Staff Report Project Name: Sebastian Lakes Shopping Center (Winn Dixie) Requested Action: Approval of Final PUD and Final Plat Project Location a. Address: 993 and 995 Fellsmere Road b. Legal: c. Indian River County Parcel Number: Project Owner: PTC Enterprises, Inc. Project Agent: Project, Engineer: Ron Howse. P.A. P.O. Box 701323 St. Cloud, FL 34770-1323 Project Att. orney: Project Description a. Narrative of proposed action: b, Current Zoning: PUD-R Final PUD criteria a. Compliance with preliminary development plan. The project has not been constructed in compliance with the approved site plan. The landscaping has not been completed. The parking spaces have not been laid out according to the approved site plan. The parking spaces along Roseland Road are 9.5' wide and there are 21 spaces. The code requires 10' wide spaces. The site plan had 10' wide spaces and total 20 spaces. The parking spaces along CR 512 (the middle group) are 9.5 "wide and total 20. The site plan totaled 19. Behind the Movie Gallery along Roseland Road there are 16 spaces (one compact). The site plan had 15 spaces with no compact spaces. These changes are permissible but must be approved by the Planning and Zoning Commission. Tract 2, Phase ii and Phase Iii should be maintained in grass to prevent erosion. A portion of the right-of-way of CR 512 and Laconia Street not sodded, and should be sodded. The area at the intersection of Roseland Road and Laconia Street needs roi be sodded. The outfall of the southern stormwater drainage system on Roseland Road discharges into retention area "A". Approximately half of the culvert is full of sand. This sand needs to be removed to allow for culvert to properly discharge. The northern stormwater culvert discharging into retention area B should be inspected to confirm that the problem does not exist there. Just to the north of this discharge, the anchors for the power lines are located. This creates a vertical slope, which will eventually erode filling the culvert and undermining the anchors. Rip-raping this area will be an acceptable method to correct this problem. The final plat is consistent with the preliminary development plan. Compliance with subdivision regulations. The project is in compliance with the subdivision regulations. Compliance with final PUD plan requirements Preparation by professional. The final plan has been prepared by Parsons Surveying, Inc., St. Cloud, FL. Scale. Required size twenty-four inches by thirty-six inches: provided Scale: 1" = 6' north arrow: provided Compliance. Not in compliance with preliminary PUD (see below) Name. SebaStian Lakes Shopping Center 6. 7. 8. 9. Legal Description: provided Adjacent subdivision fights-of-way, and easements, provided Plat boundaries, provided Bearings and monuments, provided Plat delineation, provided 10. 11. 12. Lot and Block Numbers. Two tracts shown and numbered Dedications. Need utility easement and north drainage easement. Lot and parcel dimensions and area. provided 2 13. 14. 15. 16. 17. 18. 19. 20. Seal by land surveyor, provided Acknowledgment by plat adoption and dedication, provided As built plan. not provided Engineer's certification of improvements, not provided Certification of title or attorney's opinion, provided Certification of payment of taxes and assessments, provided Certification of preliminary development plan. provided Verification of final PUD plat. provided Compliance with oth..er regulations, ordinances, and statutes. The project is in compliance with the other regulations, ordinances and statutes of the city. Contents of Final Plat: a. Name of Subdivision: provided b. :.~:~Title block: provided c. Legal description: provided d. Index sheet: N/A e. Require Survey Data: III. iv. vii. VIII. ix. scale: provided north arrow, bearing or azimuth: provided point of beginning: provided 25" radius at intersections: not provided at Roseland Road and CR-512 nor at Laconia Street and CR-512. adjoining property: provided permanent reference monuments: provided space reserved for use by clerk of the circuit court: provided mathematically close within 0.01 foot: provided vicinity sketch: provided f. Lot and Block identification: provided g. Street Names: provided h. Not-included parcels: N/A I. Right-of-ways and easements: Need utility easement and north drainage easement~ 3 11. 12. 13. 14. 15. 16. 17. Restrictions, reservations and restrictive covenants: not provided Private street and related facilities: N/^ I. Certification and approvals: LIII. iv. V. vi. vii. VIII. dedications: provided mortgagee's consent and approval: N/A certification of surveyor: provided city engineer: provided city attorney: provided mayor and city clerk: provided (vice-mayor needs to changed to mayor) certification of title: provided instrument prepared by: provided be m. Existing or recorded streets: provided Timing of improvements and/, or posting of surety: N/A Schedule of development phases: N/A Time restriction on development:: N/A Submission of final plat: ,statement indicating when improvements will be made: N/A -i:'fee paid: not provided check for recording plat with the clerk of the circuit court: not provided copy of homeowner's association or condominium documents: not provided construction of improvements after approval I. contract: N/A ii. guarantees: N/A City Engineer's review: none City Attorney's review: no comments recieved Other Matters: The preliminary PUD (site plan) was for tract 1. A separate preliminary PUD (site plan) will be required for tract 2. The final plat will be for the entire site. This is a portion of the odginal Sebastian Lakes PUD. The approval of the preliminary PUD for this site relative to the entire PUD is not clear, in particularly for the open space requirement. The staff is now processing this separate from the remainder of the Sebastian Lake Project. The rest of Sebastian Lakes will be handled separately and will have to stand on it own. 4 18. 19. 20. Analysis: Provided that the above noted items (in italics) are addressed the proposed final PUD and Final Plat is consistent with the Comprehensive Plan, Code of Ordinances, the Land Development Code and the approved preliminary PUD. Conclusion: With the above noted items corrected, the proposed final PUD and Final Plat is consistent with the Comprehensive Plan, Code of Ordinances, the Land Development Code and the approved preliminary PUD. Recommendation: The staff recommends that the City Council approve the final PUD for tract 1 and the final plat for the Sebastian Lakes Shopping Center with the following conditions: That the utility easement and north drainage easement be identified on the plat. That vice-mayor be changed to mayor in the approval of city council block. 3. That the applicant receive approval of the Planning and Zoning Commission of the changes in the parking. That the landscaping be completed according to the approved site plan as modified and approved by the Community Development Director. Tract 2, Phase II and Phase III shall be maintained in grass to prevent erosion. ::'A Portion of the right-of-way of CR 512 and Laconia Street not sodded, shall be sodded. The area at the intersection of Roseland Road and Lac, onia Street shall be sodded.. The outfall of the southern stormwater drainage system on Roseland Road discharges into retention area "A". Approximately half of the culvert is full of sand. This sand shall be removed to allow for culvert to propedy discharge. The nc;:nem stormwater culvert discharging into retention area B shall be inspected to confirm that the problem does not exist there. Just to the north of this discharge, the anchors for the power lines are located. This creates a vertical slope, which will eventually erode filling the culvert and undermining the anchors. Rip-raping this area shall be completed to correct this problem. PREP.~RED BY DATE 5 SEBASTIAN LAKES PUD-Fi I ! ~0