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HomeMy WebLinkAbout05071997 City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MAY 7, 1997 - 7:00 P.M. CITY COUNCIL CitAMBERS 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 PLEDGE OF ALLLEGIANCE ROLL CALL 97.118 1-18 OUASI~JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) Ao Conduct Public Hearing on Application for Special Use Permit for a Proposed Libeal/no Daycare Center - Tract E. Block 485. South Wimbrow Drive in Res[flential Single Family District (RS-10) - Consider Adoption of Resolution No. R-97-23 - Deferred from 4/16/97 (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 DETRIMENT~ 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. 97.130 19-36 'l Conduct Public Hearing on Application for Special Use Permit to Allow Outside Dining at a Waterfront Restaurant at 806 Indian River. Drive in GMC (General Marine Commercial' ~ Zoning District - Consider Adoption of Resolution No. R-97-27 fDirector of Community Development Transmittal 5/1/97. R-97-27. Staff.Report. Application. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK iS NOT DETR1MEI~AL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTE~ OF THE GENERAL COMMERCIAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; 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 HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAg 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 HEARD. (286. O10.5 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. Upcoming Meetings: Regular Meeting- Wednesday, May 14, 1997 ~ 7pm Regular Meeting ~ Wednesday, May 28, 1997 ~ 7pm Procedures for Quasi-.ludicial 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) · IfRequested by Party or Party Intervenor- Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors Ye'ho Intend to Testify For Non-Land Use Matters - Disclosure ofF. x-Pane Communication Staff Initial Presentation Inquiry of Staff by Affected Parties through Mayor or Presiding Officer Applicant Presentation - Uninterrupted 15 Minutes inquiry of Applicant by Council (or Staff or Affected Parties through Mayor or Presiding Officer) Proponents'Testimony - 3 Minutes or 10 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 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 Staff Response and Summary - I0 Minutes (Affected Parties May be Allowed to Make Clarifications or Ask Questions of StaJ~ ._.A._jaglicant's Rebuttal Presentation - 10 Minutes (Affected Parties or StaffMay be Allowed to Make Clarifications or Ask Questions of Applican0 Oty 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. I , City _of Sebastian, Florida i Subject: Libertino Day Care Special Use Agenda No. ~'~.//~ Permit ~ i I Department Origin: Community Development Approved for Submittal by: (RJM) ~kc-,_~ ~,. [Date Submitted: April 10, 1997 i .~"'/l/._c~.~x~r~d.~~'~.~-~ ~For Agenda of: April 16 1997 Exhibits: Resolution R-97-~; Staff Report; application; location tnap; Section 20A-6. IC.3.. LDC I EXPENDITURE AMOUNT B~GETED: " ' REQUIRED: [None I None SUMMARY I udith M. Ordonez and Carmine C. Libertino have applied for child care facility on South Wimbrow. Such facilities are norn I permit. However, the code requires a child care facility to be 1, comprehensive plan classifies South Wimbrow as a local street collectors. If the definition of a major collector in the Land D I used, South Wimbrow would be classified as a major collector. The Planning and Zoning Commission as well as the £ ity Attorn I handled as a special use permit. I RECOMMENDED ACTION i Approve resolution R-97-23. APPROPRIATION REQUIRED: None Judith M. Ordonez and Carmine C. Libertino have applied for a special use permit to operate a 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 If the definition of a major collector in the Land Development Code was able to be The Planning and Zoning Commission as well as the City Attorney recommend that the request be 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 D.AYCARE CENTER wI. ow 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 WHEREAS, 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, at, er considering the evidence presented at the hearing, finds as follows: 1. 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. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Mr. Carmine C. Libertino and Ms. Judith M Ordonez to operate a daycare cneter at a lot described as follows: City of Sebastian, Tract E, Sebastian Highlands Unit 15. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code Sec 20A-61.3: (1) One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility. (2) No such facility shall be permitted on a lot unless it contains a minimum often thousand (10,000) square feet. (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 require any backup movements by vehicles to enter of exit the premises. (4) All regulations of the State of Florida as amended hereafter that pertain to the use shall b satisfied. (5) 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 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. 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: 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 Walter W. Barnes Vice-Mayor Richard J. Taracka Councilmember Louise R. Cartwright 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: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney I I I I I I d4 10. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soih (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: 1.5 acres vacant, undeveloped immokolee Fine Sand Flatwoods Zone X Indian River County Utilities Indian River County Utilities (8) (9) Comprehensive Plan Consistency Parks: Barber Street Sports Complex - approx. 2 miles Police/Fire: City of Sebastian -approx. 1,5 miles a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: e. Coastal Management: f. Conservation: g. consistent consistent consistent consistent consistent 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? ^ 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: (1) The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated 2 (2) (3) (4) (5) (6) (7) by the use. A 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. 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 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 backup 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 I I I I I I i I I I I I I I i i i I 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-10 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 streets. 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 compreher)sive pla~.n prevails 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-10 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 15. 16. The proposed use could be considered as a special use permit. 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 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 immediate vicinity in Which the property is located. Recommendation: The staff recommends that the City Council find that 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 nor is the use 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 staff further recommends that the City Council approval of the special use permit for the daycare center on South Wimbrow with the following conditions: 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 backup movements by vehicles to enter or exit the premises. All regulations of the State of Flodda 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 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, 5 (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 yards shall be screened in accordance with the standards established in section 20A- 10.2(F) of this ordinance. DAT~ 6 APPLICATION FOR SPECIAL USE PERMIT ~ In accordance with Section 20A-2.$, 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 tn the ~ zoning regulations. All 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~ l) The grantlng 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 an~ 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 ~pecial 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). '---------A. DDR"SS s..JECT PROPERS:.%'c, oTg , LEGAL DESCRIPTION OF SUBJECT PROPERTY, i~'~/~c1<i, ioTF- ~l-g~- ~7.o~ao/ ~ ooo0 - oooc~o, I THE BUILDING OFFICIA~ MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS Signature of Applicant Date b~specuse.app ! I ' N~IV~R ~ND ~ONS~N~ · I ~We, ~he owner(s) of the property located Sebastian, Indian River County, Florida, (the~P~op~rty"), hereby I authorize each and member of every the Board/Commiss.io~ of the City of "~ebas~ian (the "Board"/"Commlsslon") to physically enter upon the property and I view the Property in connection with my/our pending (the "Proceeding"). - .... _ ~We hereby walye any objection' ' or defens~ ~we may ~ave, due.to I quasi-jud~c~al nature of the proceeding, resultzng .from any the Board/Commission member entering or viewing the property, including any claim, or assertion that my/our procedural or substantive due I process r~ghts under the Florida Constitution or the United States Constitution were violated by such entering or viewing. _ _ I This Waiver and Consent ~s being signed by ~/us voluntarily and not as a result of any coercion applied, or promises made, by any of the employee, agent, contractor or official City of 'Sebastian. I Dated this I~ day of ~~ , 199 ? . SWORN to and subscribed before me this l~k day of My Commission Expires: MY COMMISSION 4' CC38895~ EXPIRES May 1.1998 ~O~OED THI~I Tt~Y FAIN IIJSUI~IqC~, Il'dO. I , CITY LIMITS INDIAN RIVER COUNTY CITY LiMiTS :SEBASTIAN ELEMENTARY SCHOOL TRACT F TRACT O IN CITY LIMITS A-1 I I I I i I I I I I I I i I I I I I I I Supp. No. 15 LEGAl, BASIS AND GENERAl. PROVISIONS ~i 20A-6.1. (8) id) Storage of inoperative or unregistered motor vehicles generally shall not be permitted on the premises. However, motor vehicles which are being serviced may be stored in appropri. ate outside parking areas for a period not to exceed eight 181 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 shall conform to landscape requirements for off-street parking areas. 2. Bars and lounges: a. Applicable zoning districts: Bars and lounges shall be permitted as a conditional use within the £ollowing zoning districts: CG and GMC. b. Conditional use criteria: (I) 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-7.4~GX9). Child care facilities: a. 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. b. Conditional use criteria. Child care facilities will be allowed provided the fo]lowing 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. 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) (2) One accessory off-street parking space shall be pro- vided for each five (5) children accommodated in the child care facility. (3) No such facility shall be permitted on a lot unless it contains a minimum of ten thousand (10,000) square feet. (4) 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- mises. (5) All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. (6) 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 pr_of, 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 any dedicated easement. (Ord. No. 0-93-01, § 70, 2-24-93) (7) Screening: All side and rear 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: REt 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. Access shall be from a major thoroughfare 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 this 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 City of Sebastian, Florida Subject: Channel 68 Marina (Tiki Bar) Special Use Permit Approved for Submittal by: Agenda No. ~fi"~- / 30 Department Origin: Community Development Date Submitted: May 1, 1997 For Agenda of: May 7, 1997 Exhibits: Resolution R-97-27; Staff Report; application; location map EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Mr. Richard Fey has applied for a special use permit to allow restaurant seating on the dock adjacent to the Tiki Bar Restaurant. Uses on a dock are water dependent. Restaurant seating is not a water dependent use. The Planning and Zoning Commission as well as the City Attorney recommend that the request be handled as a special use permit. The Planning and Zoning Commission have reviewed the application and recommend approval. RECOMMENDED ACTION Approve resolution R-97-27. RESOLUTION NO. R-97-27 A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTIAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICllARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Richard Fey has applied for a special use permit for outdoor restaurant use on a dock at 806 Indian River Drive; and WHEREAS, 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 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 THE 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, at%r considering the evidence presented at the heating, finds as follows: The requested outdoor restauram use on a dock at 806 Indian River Drive 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 marine 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. Richard Fey for outdoor restaurant use on a dock at 806 Indian River Drive. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: A. That the restaurant seating, indoors and outdoors, is limited to 105 seats. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. This special use permit does not allow other non-water dependent uses such as bands, dancing, arcade games, etc. All of the requirements of the site plan approved by the Planning and Zoning Commission on 10/17/96 shall be complied with. 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 Barnes Vice-Mayor Richard Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan day of The Mayor thereupon declared this Resolution duly passed and adopted this , 1996 City of Sebastian, Florida By:... Walter Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney Community Development Department Special Use Permit Application - Staff Report Project Name: Channel 68 Marina Tiki Bar Restaurant = Requested Action: Project Location a. Address: Approve a special use permit for outside dining. 806 Indian River Drive = b. Legal: c. Indian River County Parcel Number: Project Owner: Mr. Richard Fey Channel 68 Marina, Inc. 1623 N. US Highway No. 1 Suite A5 Sebastian, FL 32958 Project Agent: Project Engineer: Project Attorney: = Project Description a. Narrative of proposed action: The Original Site Plan. The original site plan for the Project was approved in October, 1990 ("Original Site Plan"). The Original Site Plan approval was for a dock extension and parking improvements, and conceptual approval of the footprint of a restaurant. A staff repor~ dated September 21, 1990, states that "The decking placed within a required setback must be at grade level or it will be considered a structure." The Odginal Site Plan provided for 55 boat slips. The conceptual site plan for the restaurant provided for 42 seats. The parking required was 33 spaces, with 34 provided. The First Amended Site Plan. The first amended site plan for the Project was approved on July 21, 1994 ("First Amended Site Plan"). The./~-~ 1 First Amended Site Plan increased the Project's restaurant seating from 42 seats to 84 seats. The Second Amended Site Plan depicts all of the seating as indoor seating. The Planning and Zoning Commission approved the First Amended Site Plan with the following conditions: 1. Stamped & sealed engineering calculations for storm water runoff. At the time of building permit, flood proofing of the building or a change in elevation of the finished floor to provide for the flood zone. (The flood criteda in effect in 1990 are the same as those presently in effect). Floor layout indicating seating for bar and restaurant which shall not exceed 84 seats. Applicant to indicate 10 slips to be utilized for boat parking for the restaurant use. This approval is not for fuel tanks until such time a conditional use permit is granted. 6. Handicap parking stalls shall met F.D.O.T. requirements. 7. Parking lot lighting provided. 8. Modify parking dimension and compact stalls. Site plan overall dimension of the building, not the architectural plans as provided. 10. Screening of the dumpster area and screening of mechanical equipment after the equipment has been installed. 11. The applicant agrees to remove or cap (to H.R.S. specifications) the existing fuel line running out of construction, pdor to C/O. The First Amended Site Plan was approved for a marina with 42 slips and an 84 seat restaurant. The parking required for the Project was 42 spaces and 42 spaces were provided. No credit was given for the 10 boat slip parking towards the restaurant use. Conditional Use Permit. On October 3, 1996, the applicant received a conditional use permit for the use of fuel storage tanks to serve the marina. Special Use Permit. On October 16, 1996, the applicant received a special use permit to locate a single family residence above the 2 restaurant. The Amended Site Plan was modified to show two spaces for the residence. Second Amended Site Plan. On October 17, 1996, the Planning and Zoning Commission approved with conditions, a major modification to the site plan ("Second Amended Site Plan") to implement the special use permit described above. The Second Amended Site Plan increased the restaurant seating from 84 seats to 104 seats. The conditions are: 1. The proposed residential special use permit shall receive approval by the City of Sebastian City Council. No more than 50% of the total length of the dock on two sides of the restaurant adjacent to the building can be connected to the restaurant or provide access into the building. At least 50% of the dock must be a minimum of three (3) feet from the primary structure. The dock around the pdmary structure shall include handrails along the water's edge and the openings between the dock and the pdmary structure. The handicapped access shall be modified to meet all code requirements. The LP tank, 4000 gallon portable fuel tank and the two 6000 gallon underground fuel tanks shall be approved by the Indian River County Fire Department and Indian River County Health Department. 5. The sign shall not hinder the operation of the swale as designed. Provide a copy of the St. Johns River Water Management District permit and stormwater maintenance program. Tire stops be installed in all parking spaces. No Left Turn and Do Not Enter signs for one way traffic. Parking area - paved or paver bdcks. Written approval from SJRWMD for gravel in the parking stalls. The Second Amended Site Plan approval was for 15 boat slips and 105 seats in the restaurant. There was no increase in parking. Dudng the discussion on the consideration of the application for the major site plan modification, the use of the dock for increased restaurant seating was debated. A deck within the City's required setback must be at grade level, or it will be considered a structure. As a structure, a vadance must be obtained, in order to allow construction within the setback. The Planning and Zoning Commission determined that if the applicant wants outdoor seating at the restaurant, it must obtain a special use permit to allow a non-water dependent use of the structure to be constructed within the setback. The staff has discussed this with the City Attorney and she concurs. The Applicant contends that the First Amended Site Plan gave it the authorization to build the structure within the setback, since a condition of approval provided for compliance with flood criteda (the applicant reasons that the Planning and Zoning Commission anticipated that the structure would have to be raised, and, therefore was approving the construction within the setback). However, as noted above, the First Amended Site Plan approved 84 indoor seats.. Clearly, it was anticipated that the structure was to be either a deck (which must be constructed at grade, or a dock if it is to be within the setback, which must obtain a special use permit if it is to be used for outdoor dining). Treating the structure as a dock will enable the applicant to obtain a special use permit to allow for outdoor dining. Accordingly, the applicant filed an application for a special use permit in order to obtain the authorization for outside dining and to allow the use of 32 of the boat slips for transient parking, in order to enable an increase in restaurant seating from 105 to 201 seats. The applicant has also requested consideration for walk-in and patrons on bicycles, so that it can obtain further additional seating, without the requirement of additional parking spaces. At the Apdl 3, 1997, Planning and Zoning Commission meeting the applicant withdrew the request for the use of 32 of the boat slips for transient parking and for consideration for walk-in and patrons on bicycles for additional seating. In addition, the applicant agreed to locating the structure upland out of the water. At that meeting, the applicant raised the issue relating to the outdoor dining. It was the applicant's position, as discussed above, that the structure around the building was approved in the First Amended Site Plan and it is the Flood Insurance Program requirement that requires the structure to be elevated. Therefore, the structure is a deck allowable in the setback. The restaurant seating on such a structure is therefore allowed and does not need a special use permit, even though it is being elevated. The staff position and that taken by the Planning and Zoning Commission in the past is that a dock is allowed in the setback, but not a deck. (Sec. 20A-5.2.B.). A dock is allowed for water dependent uses. The Original Site Plan was for the extension of a dock. A restaurant is a water enhanced use, but is not a water dependent use. Therefore, the only way for the restaurant to be authorized to utilize the dock, a structure not meeting the City setback requirements, for restaurant seating, is to grant the applicant a special use permit. Current Zoning: GMC - general madne commercial 4 I I' I I I I I I I I I I I I I I i I i c, Adjacent Properties North: PS East: South: PS West: COR d. Site Characteristics (1) Total Acreage: Current Land Use Future Land Use Yacht Club Indian River Lagoon River View Park residential INS INS COR .60 acres (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: restaurant under construction Immokalee-Urban land complex none (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: Zone VE (el. 9) - Coastal flood with velocity hazard (wave action); base flood determined. Zone AE (el. 9) Base flood elevation determined Zone AE (el. 8) - Base flood elevation determined Indian River County Utilities Indian River County Utilities River View Park just to the south and the Yacht Club just to the north Police station approximately 4,500 northwest, fire station approximately 6,000 to the north. consistent consistent consistent consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. 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 Iocated'~ Ever since I came to work for the City, I,have heard concerns expressed about the parking at the site. During the staff s review of the Second Amended Site Plan, parking was carefully checked. The site plan included the required number of spaces for the residence, 15 slip marina and 105 seat restaurant. in order to ensure that the parking requirements can be met on site, it is important to limit the service at the restaurant. The parking requirement is based on the number of seats. Provisions is not made for stand up patrons, if the special use permit is granted, allowing restaurant use on the dock structure, significantly more than 105 people could be standing outside. This will create a greater demand for parking. The restaurant service should be limited to seated patrons in order to meet the code on-site parking requirements. The granting of the 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 in which the property is located. 11. 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? Restaurant use is consistent with the purpose and intent of the GMC zoning district. Therefore, the requested use is consistent with the purpose and intent of the GMC zoning district and it is demonstrated to be similar in nature and compatible with the uses allowed in the zoning district. While the staff was processing this staff report, 12: Additional considerations: Sembler's Marina came in with the elevation and floor plans as required by the approval of the site plan. My first reaction to the floor plan was that this is a restaurant use over the water and is inconsistent with the comprehensive plan. In researching the history of the Sembler's Marina project, found an Indemnification Agreement Between the City and Sembler madna Partners, Ltd. Dated June 12,1991. Apparently a question was raised as to whether the construction of the proposed ,restaurant on and over the Indian RiVer on pilings was inconsistent with the City s adopted Comprehensive Plan. In the agreement the city determined that the proposed restaurant is a part of that project (the approved site plan), ,is accessory to the water-dependent use marina, and is consistent with the City s Comprehensive Plan. I I i i I I I I I I I I I I i I i I I 13. 14. Other Matters: The Planning and Zoning Commission reviewed this application and recommends that the City Council find that the requested outdoor restaurant seating 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 madne commercial zoning district and the use is similar in nature and compatible with uses allowed in such a district. It was further recommended that the City Council approve the request for a special use permit for outdoor restaurant seating to the with the following conditions: That the restaurant seating, indoors and outdoors, is limited to 105 seats. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. This special use permit does not allow other non water dependent uses such as bands, dancing, arcade games, etc. All of the requirements of the site plan approved by the Planning and Zoning Commission on 10/17/96 shall be complied with. Analysis: The first issue to be addressed is "Is the structure a deck and the use of the deck irrelevant or is the structure a dock and all uses of the dock should be water dependent or approved by special use permit?" The answer to this question determines the need for a special use permit. The Land Development Code requires "Every part of a required yard shall be open from its lowest point to the sky unobstructed ..." (Sec. 20A-5.2.). The code defines the yard as an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein (Sec. 20A-12.2.). Both sections of the code cleady state that the yard is unobstructed. Since the restaurant is built to the building setback, the remaining area to the east and south of the building is the yard and no structures are allowed. The code provides for some exceptions such as roof overhangs, play equipment, flag poles, chimneys, and bay windows (Sec. 20A-5.2.). In the past this section of the code was interpreted that a deck, sidewalk, driveway, or similar structure built at grade was therefore allowed within the required yard. Once a structure, such as a deck, is raised above the grade, the structure obstructed the space from the grade to the sky, and therefore is not allowed in the required yard. Docks or other permitted waterfront accessory structures are not considered yard encroachments (Sec. 20A-5.2.B.). 7 The First Amended Site Plan for the restaurant included a deck constructed at grade around the building. As long as the deck is at grade, it is not considered a "structure" and could be located within the setback. The file also contains a drawing of the restaurant seating. All seating is shown to be indoors. Due to the Flood Insurance Program requirements the restaurant building was raised approximately 3 feet above the grade. The applicant indicated to the staff at that time that he wished to raise the deck to be the same level as the restaurant. We indicated that the deck would then be a structure and would violate the setback requirements. The fact that the applicant had provided a drawing showing all of the restaurant seating inside and that the access to the restaurant can be made through a front door and not necessarily by the deck, makes the deck an accessory use to the principal structure. In order to achieve the use of the property and the building the deck does not need to be raised. It is a desire of the applicant, in order to increase restaurant seating, not a requirement of the use. In an attempt to accommodate the applicant, I suggested that the structure could be considered as a dock, with the use directed to the water. The dock is only to provide access to the water, allowing someone to stand and fish, bird watch, look at the boats in the marina and to walk to the madna. I clearly indicated that restaurant use was not a water oriented use. In order to be considered a dock, it was determined that the facility should not be attached to the pdmary structure. In order to achieve that, no more than 50% of the total length of the dock adjacent to the building could be connected to the building or provide access into the building. At least 50% of the dock must be a minimum of three (3) feet from the pdmary structure. With the consent of the applicant, this concept was presented to the Planning and Zoning Commission when the Second Amended Site Plan was considered (10/17/96 meeting). The Commission agreed and indicated that if the applicant wanted to use the dock for restaurant seating that he would be required to get a special use permit. There was no objection from the applicant Accordingly, the site plan the Planning and Zoning Commission approved included such conditions that the dock be separated from the restaurant. The applicant did not appeal or otherwise object to this determination. For no apparent reason, when the application for the special use permit was heard by the Planning and Zoning Commission, the applicant raised the issue of the need for the very permit which it had applied for and the same permit which was a condition to the site plan approval which it had not objected to and had concurred with. If the structure is considered a deck, it violates the code as a yard encroachment. It could not be permitted to be constructed let alone to be used for restaurant seating. If the structure is considered a dock, it is a permitted structure, but the use is limited to water odented activities. The restaurant seating could be allowed as a special use. 8 i I I I I I I i I I I I i I I I I I I 15. The second issue is "Does the requested special use meet the requirements of the code?" The answer is that the requested use is consistent with the comprehensive plan and the code of ordinances. In order to be consistent with the Land Development Code, the use shall be conducted in conformance with the site plan approved 10/17/96 by the Planning and Zoning Commission. The last issue concerns the significance of the Indemnification Agreement with Sembler's Marina. It is the staff's opinion that the foundation for that agreement is incorrect, just because a use is accessory to a water dependent use, the accessory use is not necessarily a water dependent use. The comprehensive plan cleady states a use shall be water dependent to be allowed on submerged lands, non-water dependent uses are specifically prohibited. This would include non-water dependent accessory uses. The Sembler's Madna agreement is specifically related to that project and the facts associated with that project. It is the staff's opinion that the facts for the requested special use permit are different than the Sembler case and therefore the conclusions of the agreement are not transferable to this Project. Conclusion: The requested special use permit is consistent with the comprehensive plan; the granting of the special use permit is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity in which the property is located; and the use requested is consistent with the purpose and intent of the respective zoning district, and is similar in nature and compatible with the uses allowed in the zoning district. The requested special use permit is consistent with the Land Development Code. 16. Recommendation: The staff recommends that the City Council find that the requested outdoor restaurant seating 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 marine commercial zoning district and the use is similar in nature and compatible with uses allowed in such a district. it is further recommended that the City Council approve the request for a special use permit for outdoor restaurant seating to the with the following conditions: That the restaurant seating, indoors and outdoors, is limited to 105 seats. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. This special use permit does not allow other non water dependent uses such as bands, dancing, arcade games, etc. 9 Ail of the requirements of the site plan approved by the Planning and onin~g Commission on 10/17/96 shall be complied with. (3 E ~.~' PREPAI~ED BY DATE 10 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. All 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) 2) 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 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-BS-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 ${:-~9- for U.S. mailing). NAME OF APPLICANT: . /~-~/ APPLICANT PHONE ~, .~-26 ~ LEGAL DESCRIPTION OF SUBJECT PROPERTY:~~d , ZONING OF SUBJECT PROPERTY: -,~.~..~'~,' R ASON REOUEST sPEcI use 'T~E BUILDING O~F~CiaL ~Y R~OU~RE ~DITION~, BACKUP FO FOR CERTAIN ~QUESTS b~specuse.app AND ~ONS~N~ 1/We, the owner(s) of the property located at , Sebastian, Indian River County, Florida, (the "Property,'), hereby authorize each and every member of the Board/Commission of the City of Sebastian (the "Board"/"Commission") to physically enter upon the property and view the Property in connection with my/our pending (the "Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our procedural or substantive due process rights under the Florida Constitution or the United States Constitution were violated by such entering or viewing. This Waiver and Consent is being signed by me/us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of'Sebastian. Dated this day of , 199 SWORN to and subscribed before me this day of , 19 My Commission Expires: Notary Public MOSBY*~o ASSOCIATES, INCi Jo'~ J z~r--I. I,~ q '2.. I gO'-l~ R i VER OA TOWNHOMES G.L.7 I ~-- , i I ~ RE$~ OF' ~L ~ ~ , I~.