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HomeMy WebLinkAbout01-19-2023 PZ Agenda1. 2. 3. 4. 5. 6. 7. .m« HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebasflan.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, JANUARY 19, 2023 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. APPROVAL OF MINUTES: Regular meeting of October 6, 2022 LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS: • Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; • Staffpresentation; • Public Input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — LPA - Recommendation to City Council — Small Scale Comprehensive Plan Future Land Use Map Amendment — Hess Subdivision, Applicant (Proposed Annexation) - AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR PROPERTY CONTAINING 40.23 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDING, EAST OF VACANT PROPERTY, WEST AND NORTH OF SINGLE FAMILY DEVELOPMENT. EXISTING COUNTY LAND USE DESIGNATION IS R (RURAL RESIDENTIAL) AND THE REQUESTED SEBASTIAN LAND USE IS LDR (LOW DENSITY RESIDENTIAL). PLANNING AND ZONING COMMISSION (PZCI OUASI-JUDICIAL HEARINGS: • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staffpresents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staffprovided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Quasi -Judicial Public Hearing — PZC - Recommendation to City Council — Special Use Permit — Mr. Clean Car Wash — 200 & 203 Sebastian Boulevard — Community Redevelopment Area - Triangle Overlay District — Commercial General (CG) Zoning District B. Quasi -Judicial Public Hearing — PZC - Recommendation to City Council — Special Use Permit — Take 5 Car Wash — 1979 U.S. Highway #1 — Community Redevelopment Area — Riverfront Overlay District - Commercial Riverfront (CR) Zoning District UNFINISHED BUSINESS: None 9. NEW BUSINESS: Election of Chairperson and Vice Chairperson 10. ADJOURN No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Council with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.cifrolsebastian.ore unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION Please click the link below to join the webinar: htlps://us02web.zoom.us/*/84665652134 Or One tap mobile: US:+13052241968„84665652134# or+13092053325„84665652134# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 305 224 1968 or +1 309 205 3325 or +1 312 626 6799 or +1 646 9313860 or +1 929 436 2866 or +1 301 715 8592 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 669 444 9171 or +1 669 900 6833 or +1 689 278 1000 or +1 719 359 4580 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 846 6565 2134 International numbers available: h!Ms.//us02web.zoom.us/u/kd910g8Xhr 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OCTOBER 6, 2022 Pl Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m. 06 Pledge of Allegiance was recited by all. Roll Call Present: Mr. Lucier Ms. Kautenburg Mr. Carter Ms. Jordan (a) Not Present: Mr. Simmons -- Excused Also Present Ms. Battles Ms. Kinchen Mr. Alvarez Ms. Dorri Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Recording Secretary Announcements and Aaenda Modifications O C y � H W d E 65 a% O a C CON¢ tad -&n Mr. Alvarez announced that Mr. Simmons is excused from tonight's meeting, and Ms. Jordan will be voting in his place. Also, it is noted that Mr. Christino (a) and Ms. Jordan (a) have submitted their resignations from the Commission. Thus, this is Ms. Jordan's last meeting, and the Commissioners are grateful to both Mr. Christino and Ms. Jordan for their service and wish them well in their future endeavors. V. ADoroval of Minutes -- Seotember 15, 2022 All indicated they had reviewed the Minutes of September 15, 2022. Mr. Alvarez called for a motion. A motion approving the Minutes from September 15, 2022 as presented was made by Ms. Battles, seconded by Mr. Lucier, and approved unanimously via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF OCTOBER 6, 2022 VI. Planning and Zoninq (P&Z) Commission Quasi -Judicial Hearinq Mr. Anon read the item into the record as follows: A. Quasi -Judicial Public Hearing -- Site Plan Modification -- Taco Mobile Restaurant -- Small Building Addition, Additional Parking and Outside Seating Areas -- 825 Sebastian Boulevard -- Lots 1, 2, 3, & 4, Block 188, Sebastian Highlands Unit 6 -- C-512 (Commercial CR 512) Zoning District Mr. Alvarez called on the Commissioners to disclose any ex-parte communications relating to this property. All indicated they had none. All those wishing to speak regarding this item were sworn in. Mr. Alvarez called on the applicant to present its representative to make his presentation. Todd Smith identified himself as the design engineer for the project. He reviewed that part of this project had been before this Commission a couple of years ago when the property owner, who owned Lots 1, 2, and 3, and the Commission approved a parking lot expansion. Since then, the property owner has purchased an additional lot, and so Lot 4 has been incorporated into the project. There are a few changes/additions to the plan, and he identified that they are now proposing a freezer to be put on the property. They are also proposing an outside open pergola for outdoor seating. The parking area has been designed to accommodate that seating as well as the number of seats in the restaurant. The project will also be connected to the County sewer system. The applicant has worked with City staff to meet the landscaping requirements as well as modifying the drainage system from what was proposed a couple of years ago. There are also some additional parking spaces. He called for questions/comments from the Commissioners. There being none, Mr. Alvarez called on staff for their presentation. Ms. Bosworth stated that the staff report and the plan submitted were a part of the record. Mr. Smith went over some of the items that are on this site plan that is a little different from the 2019 plan that was before the Commissioners. After that was approved, the property owner did go ahead and applied for their land -clearing permit, which was approved. That plan, Phase 2, included a 141-SF kitchen addition. At that time building elevations and a floor plan were not presented. As a condition of this application, the Commissioners will see that those elevations of all four sides and a floor plan have been provided. It will match the color of the existing building. She explained that the existing building is on Lot 1, and since there is not a significant building addition with this application, landscaping for the existing portion will need to be in compliance with its 1996 site plan. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF OCTOBER 6, 2022 All of the additional parking areas and other areas have to meet the current codes for stormwater and landscaping. The original site plan required 8 spaces. The new site plan has 34 spaces. One of the things that needed to be in compliance was an outside seating area on the west side of the building that was not on the original site plan. Similar to all commercial site plans with outside seating, staff wanted them to come into compliance with parking. The outside seating on the west side of the building has been removed until this plan gets approved and constructed. They are also adding a rear area with a pergola - covered outside seating area with a rear entrance into the restaurant. Parking for those outside seating areas has been included. They are going to provide 34 spaces, whereas only 22 are required. She called attention to some items that have been highlighted in the staff report. Those items also became recommended conditions of approval. One of the items pertains to a split -rail fence that is shown partially around the stormwater pond. It is only a 2-foot type of stormwater pond. Staff wanted to make sure that none of the public used that area for parking, so staff is requiring that a split -rail fence completely surround that area. She stated that in the original 2019 plan there were some easements that needed to be abandoned. The applicant did do that through City Council, but now that this extra lot has been added, there are two more easements that need to be abandoned. That will also need to be completed before staff can issue a certificate of completion for this project. The site is adjacent to residential zoning on the back side of the alley. There is an existing fence on Lot 1, but the remaining Lots 2, 3, and 4 also are required to have an opaque buffer 5 to 6 feet in height, opaque at planting or at initialization. There are two options: the 6-foot wooden fence can be extended across the rest of the lot. As shown on the landscape plan, they did provide hedging of only 24 inches. They can raise those materials to 5 or 6 feet. That has been added as a condition of approval. Also, as shown on the other site plan, the alley that runs parallel to CR-512 behind those lots does not have a formal stormwater plan. As to the existing commercial sites along 512, usually their stormwater is in the rear, or they address the stormwater before it gets to the alley. Those stormwater areas need to be maintained properly. For this particular site, at the corner of the alley and Melrose there is a catch basin- that collects water in that area. Based on the Stormwater and Engineering Departments' review of this, on the south side of the alley they would like some sort of swale, and that swale will take the water right into the catch basin, which then goes into the master stormwater drainage for the area. They are requesting that when they get to the construction, they would like stormwater staff to meet the contractor out there, and they can assess how deep or wide they need that swale on the south side. That note has been added onto the site plan. That is being recommended as a condition of approval. Staff feels that this site plan meets all of the requirements of the Land Development Code, the Comprehensive Plan, and the 512 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF OCTOBER 6, 2022 Overlay District. Staff is recommending approval with the six conditions that are listed on pages 7 and 8 of the Staff Report. She added that the site plan does show lighting. Staff did not have any information on the type of light poles and fixtures. Since it is in an overlay district, they are required to be decorative. Staff requests that before they are installed, they will bring staff a cut sheet on those light poles, and staff could approve them as long as they are not just concrete or wooden poles. Ms. Bosworth stated that, in summary, the engineer shall provide a copy of the 10/2 exemption certificate and contact the City Engineer regarding the swale along the alley. The gopher tortoise information staff has is over 90 days; it is required to be less than 90 days for issuance of a new land -clearing permit, approval by City Council of the abandonment of easement,. the split rail fence extended, the opaque buffer extended along lots 2, 3, and 4, and approval of the light fixtures before they are installed. Mr. Alvarez called on questions/comments from the Commissioners or the applicant or staff. Mr. Carter stated he is concerned that this restaurant does a lot of take-out food, and many times there is no place to park. He is aware that there will be additional parking, but he still has a concern regarding the parking. Ms. Bosworth stated that staff has worked with the engineer regarding the new parking area. Staff wanted to be certain that it will be easy enough to access into the restaurant without having to walk through the existing parking to the front entrance. Thus, there is going to be a door added in the outside seating area, and through that area people can go right into the restaurant to get their take-out orders so they will not have to walk around the building. There was general discussion among the Commissioners, staff, and the applicant regarding the parking situation in this area. There being no one from the public who wished to speak in favor of this project and no one who wished to speak in opposition to the project, and there being nothing further from staff or the applicant, Mr. Alvarez called for a motion. A motion approving the site plan modification for the Taco Mobile Restaurant small building addition, additional parking and outside seating at 825 Sebastian Boulevard, Lots 1, 2, 3, and 4, Block 188 Sebastian Highlands Unit 6 -- CR-512 (Commercial CR 512) Zoning District with the six staff recommendations as follows: 1. The project engineer shall submit a copy of the SJRWMD stormwater permit or the 10/2 Exemption Certification form before issuance of the land -clearing permit, PLANNING AND ZONING COMMISSION/LOCAL PLANNING MINUTES OF OCTOBER 6, 2022 PAGE 5 and the contractor must contact the City Engineer to receive details regarding the alley swale before construction along that roadway begins 2. Receipt of a current gopher tortoise survey/inspection will be needed before the land -clearing permit can be issued 3. Approval by City Council for the abandonment of the two interior 6-foot side yard utility easements on Lots 3 and 4 before a Certificate of Completion can be issued for this project 4. The proposed split -rail fence shall be extended to include the entire northern and western perimeters of the retention area 5. The required rear opaque buffer shall be installed on Lots 2, 3, and 4 by either extending the existing wooden fence on Lot 1 or increasing the height of the proposed rear hedge materials to 5-6 feet 6. The proposed light poles and fixtures must be of a decorative type and be approved by staff before they are installed was made by Mr. Carter and seconded by Ms. Kinchen. Roll Call: Ms. Kinchen -- Yes Ms. Battles -- Yes Ms. Kautenburg -- Yes Mr. Lucier -- Yes Vote was 7-0 in favor. Motion passes. VII. Unfinished Business -- None VIII. New Business -- None IX. Adiourn Mr. Alvarez -- Yes Ms. Jordan (a) -- Yes Mr. Carter -- Yes There being no further business, Chairman Alvarez adjourned the meeting at 6:25 p.m. By: Date: jg arcOF HOME OF PEUCAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency January 19, 2023 ITEM 6.A. LPA Leqislative Public Hearinq — Recommendation to Citv Council Comprehensive Plan Future Land Use Amendment Hess Subdivision 1. Project Name: Hess Subdivision, 8925 86th Avenue 2. Project Applicant: Vincent Musso-Ryan Homes (Authorized Applicant) 3. Requested Action: Request is for a change from County R (Rural Residential) to City LDR (Low Density Residential) (Attachment A) 3. Project Location: Section 26, Township 31 South, Range 38 East Subject Parcel is 40.23 Acres, More or Less Parcel # 31382600000300000006.0 Legals: See Deed and Survey (Exhibit 1) 4. Project Description The property owner, Daniel Hess of Double R&D Inc., has requested a voluntary annexation into the City of Sebastian. The subject property consists of 40.23 acres, more or less, located south of Sebastian River Landing subdivision, east of vacant property, and west and north of single family development. The property is currently vacant and intended to be developed in tandem with the adjacent parcel to the west. The subject property is currently located within unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian to the north and west. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure. Current land use and zoning in the County is "R" Rural Residential and "A-1" Agricultural, respectively. Application has been made to amend the land use to be compatible with the adjacent properties and intentions for development to "LDR" Low Density Residential simultaneously with the annexation of property. The applicant proposes to rezone the property to "PUD" Planned Unit Development as part of the an 80+/- acre development under the guidance of the City land development regulations. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site - specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. 5. Site Data a. Site Characteristics 1) Total Acreaqe: (2) Current Land Use(s) (3) Current Zoning: b. Adiacent Properties Zoning North (City) PUD-R 40.23 acres County R (Rural Residential, 1 unit/1 ac) County AG-1 (Agricultural, 1 unit/5 ac) Existinq Use Future Land Use Residential Subdivision VLD East: (County) A-1 Rural Residential R West: (City) RS-10 ResidentialNacant LDR South: (County) RS-3 ResidentialNacant L-1 6. Comprehensive Plan Consistencv a. Chanced Conditions: The proposed change of land use to a higher intensity of use is consistent with the current land uses surrounding the property. Existing residential development is adjacent to the property and is consistent for this area which contains established public schools and is near commercial service areas. The applicant proposes to combine two 40 acre parcels into one residential subdivision. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The LDR (Low Density Residential, 5 units/ac) land use was established to implement policies and performance standards for density in areas within the perimeter of the City and primarily comprised of single family homes. This use is compatible with the City of Sebastian current and future land use along this corridor. Surrounding land uses also consist of low density single family residential. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed land use change have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. Proof of ROW access has been provided from CR 510. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. f. Economic Effect: The property contains vacant agricultural lands that may be combined with adjacent property for residential growth. FDOT has funded improvements to the CR 510 corridor and additional residential developments have been proposed along this corridor to meet the current market needs. The City has identified the need for more affordable housing and this may be encouraged on this property. In addition, the development will bring sewer and water into this part of the City. These infrastructure improvements provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderly Development: The proposed land use change is consistent with the Land Development Code and Code of Ordinances. h. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 7.Conclusion: The requested land use change from County R to City VLD is consistent with the Future Land Use Map and staff supports a recommendation of approval to the City Council from the Land Planning Agency. Lisa L. Frazier, AICP 1/11/2023 PREPARED BY DATE 2 1523056 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CIERK CIRCUIT COURT INDIAN RIVER CO FL, BK-. 1702 PG: 2152, 03/10/2004 03:29 PM DOC STAMPS D $5880.00 ,P CP o : s`tos. $ eo.00 EXHIBIT 1 Prepared by and Return to: COMMERCIAL TITLE SERVICES, INC, j 1627 U.S. Highway 1. Suite 7 1 Sebastian. Florida 329S6 incident to the issuance of title insurance I Tax ID t 31-38-26-00000-3000-00006.0 CM-6364 THIS WARRANTY DEED nude the .___ day of March. 2004 by John W. Massey, Jr., individually. and as Trustee under The John M. Massey. Jr., Revocable Trust, dated October 13, 1998 hereinafter called the grantor, to Double R R D Inc.. a Florida corporation whose address is: 13465 N. Indian River Drive, Sebastian, Florida 329S8 hereinafter called the grantee: WTMESSETH: That the grantor, for and in consideration of the sum of $10.08 and other valuable considerations, receipt whereof is hereby acknowledged. hereby grants. bargains, sells, aliens. remixes. releases. conveys and confirms unto the grantee all that certain land situate in Indian River County. State of Florida. viz: The Southeast 1/4 of the Northwest 1/4 of Section 26, Township 31 South, Range 38 East, said land lying and being in Indian River County, Florida. TOGETHER WITH an easaaernt for ingress and egress as set forth in official Record Book 902, Page 1077. Public Records of Indian River County, Florida. d Subject property is vacant and unimproved lend and does not adjoin the homestead property of the grantor herein. TOGETHER, with all the tenements. beredittments and appurtenances thereto belonging or in anywise appertaining. 7D HAVE AND 7o HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land. and hereby warrants the title to said Band and will defend the Sane against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing subsequent to December 31. 2003. IN MOL7NEss wHEREOF. the said grantor has signed mW sealed these presents the day and year first above written. sealed )a,n4A ive in presence o tness n H. Hassey. 3 ., as DEh11SE FORMER Po Boor 5%, Nabasso, oxide 32970 P iat d Si tur Witness nmes q� Grantor's Address: Printed Signature of Witness State of Florid& County of Indian River The foregoing instrument was acknowledged before aye on this data, by John W. Nessay. Jr., who is personally known to as or who has produced: rlw�ry. LiCobaa as identification. MltdJlE55 my band and official seal in the State and County 1 aforesaifd� this w� day of March, 2004. DENfSE FppTNER Notary's Printed Name Notary WIC commission E.rpires: (Notary Seal) Mwe aCmnsni WcMemmem a'nla %JVLCTa ti esa:; nc.na AVLWYq.i.i.i, ____ —.... r. day of _ _ -..- 1991 r by and between JACK DAVIS, .mot of 8690 96th Ave a -Varo Beach, Florida 3296 6. hereinafter a% co called. "D&Vig"; J. K. RUSSELL, of 8920 86th Avenue Vero BeacO Florida 32966 hereinafter called "Rugsell"3 and JOW. W. MASSEY and KA Y NASSEY, , his Wife, of Box-$- Wabasso, Florida 32970 � hereinafter called "Hassey"; �o WTERF-S, the above parties are the owners of land located in Section 26, Township 31 South, Range 38 East, Indian River r County, Florida; and .o WHEREAS, all the parties are desirous of establishing a private easement for ingrese and egress over their respective � properties from State Road 510 to the South right of way of the Sebastian River Drainage Canal; Now, THEREFORE, in consideration of $10.00 and other valu- able considerations, the receipt and sufficiency or which is hereby acknowledged, and in consideration of the mutual covenants and easawntssw herein contained, it is agreed between the parties as follows: I. That all parties herein grant to the other parties herein an easement over their properties for ingress and egress to and frog their respective properties to State Road 510. 2. The description of the easement is as follows: An easpMnt 60 feet in width lying 30 feet either side of the Last line of the southwest one -quarter of Section 26, Township 31, Range 38. AND An easement 60 feet in width lying 30 feet either s8l4e of the East line of the Southeast one -quarter of Northwest one -quarter of Section 26, Township . 31, Range 38 and the North 30 feet of the West 60 feet of the Southwest one -quarter of Northeast one -quarter of Section 26, Townshi'p 31, Range 38. 3. The easement shall be private and shall run: with the land of all the Hers herein, and any conveyance of property C2 dwell include the easement for the benefit of the owner, and said conveyance v1ill be subject to the easement for the benefit of all y rs and from the respective properties. the parties may agrees amang themselves'to impose such restrictions for their joint benefit to maintain the road as a private road for the use of the owmrs of property herein only and to provide security for all the under- signed owners. S. This agreement shall be minding upon the patrties hereto, their respective heirs, personal representatives* and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and your first above written. signed, sealed and deliver- ed in the presence .of : %-!4OkA V? L//4''Ln;�tcaerli lack son Ida Berthiari, he to Jack Davis N a RoberC J ekson Bertha B. Shur•-- As to J. X. Russell Signed, sealed and delivered #: the presence f: A G XKr. and Mrs. Massey 1, r' .Tack oavis M. Russell f Sohn W. Massey � a Rtry fta*soya ✓ f I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared JACK DAVIS to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the gal". wIT"M my hand and o facial S" 1 the County and State last afovesai.d, this day of (NOTARY SEAL) Name 1 Notary Public, State of Florida at = Larger. Ky comeission expires: STATE OF FLORIDA COUPM OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly crialified to take acknowledgments, personally appeaired J. K. t•iS•ELL, to me known to be the parson described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and; 1f i.ciaRl seal in. the County and State last aforesaid, thisday of 1991. ? NOTARY SEAL)_'< ( Name Notary public, State of Florida at Large. My commiss* Tres: ,,,J,v PU8t1C. sIXTEOF fIUR""`^T �PIREz nu WR STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared J. W. MASSEY and NARY HASSEY, his wife, to me known to be the persons described in and who executed the foregoing instrument and ackwwledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this day of 1992. • -,, (uAm[ SEAL} +• _ - Notary Public, state of Florida at • Large. MY caamission expires: C'1 _ ft"ho a�,era�rem�, p -a This Instrtment Prepared By: ""` ATTACHMENT A 4111r SERAS-PAN HOME OF PELICAN kAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-SS18 a www.cfyofsebastian.org Comp Pfan Land Use Amendment Comp Plan Text Amendment (Large Scale) Land Development Code Text Amendment R Comp Plan Land Use Amendment Rezoning (Small Scale) 9 Annexation Project Name: Hess Subdivison Total Site Area: 40.23 acres/ 1,752,419 sf Acres\SF Parcel ID: 31-38-26-000003000-00006.0 llxisting Address of Site: 8925 86th Avenue Proposed Address of Site: TBD (Proposed 89th Street) 1--proposed Use: Single -Family Residential Land Use: LDR Contact Name: Mr. Vincent Musso- Ryan Homes Addre58:1450 Centerpark Blvd. #340, West Palm Beach, FL 33401 Telephone: 561-720-1371 Email: vmussa@nvrine.com Zoning: PUD _ I Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Double R&D Inc. Address:13465 N. Indian River Drive, Sebastian, FL 32958 Telephone: Email: Date Received: Fee Paid: Received by: FORM B Suevor: -- --- — — — - _�_ F_tv Address: i Telephone: Email: Engineer: MBV Engineering, Inc_ Address:1835 20th Street, Vero Beach 32960 Telephone: 772-569-0035 Email: aaronb@rnbveng.com Pre Application Mceting lathe: DESCRIPTION OF PROPOSED PROTECT: Annexation of Hess parcel into the City of Sebastian (39-38-26-000003000-00006.0) SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to he true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Mr. Daniel Hess Print name signature Date Notary: STATE OF: Fla r i d a ('01INEX: Indian AM V- 1 hereby certify that on AiA9,U st 17_ , 20 7�7- personally appeared DQ n i G l R e S S who is personally known to me or has produced identification. Type of identification produced: Dri Ve'lrs _, I CR. y �t' [SEAL] �� a — rr ASHtEYM.COOK Notary Public �' •'6 pntttiHt6ttx5 r F.xpkesAugust 8,2C25 My Commission Expires: ��►'arn�F t�ad�OtlwBudO�►M�rySmr.• FORM B COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET s SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 a www.cit_ olsebastion.or q DEVELOPMENT REIVIEWAPPLICATION FEE SCHEDULEICHECKLIST $2,000 Comp Plan Land Use Map Amendment (Large Scale) $1,500 Comp Plan Land Use Map Amendment (Small Scale) $1,000 Annexation APPLICATION FEES: $2,000 Comp Plan Text Amendment $1,500 Land Development Code Text Amendment $1,250 Rezoning x "APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY* DOCUMENTS SUBMITTED FOR APPLICATION REVIEW: ® Summary Report: addressing review considerations in accordance with S4-1-2.7 Land Development Code and 54-1-2.9 Land Development Code where applicable; or, objective 1-2.4 of Comprehensive Plan 2040 of all annexations. R Location Map ® Two (2) Boundary andT-epegvalibiv. Surveys O Warranty Deed for all owners and/or Notarized Letter of Authorization 9 Future Land Use Map: Current and Proposed ® Zoning Map: Current and Proposed Traffic Impact Analysis Statement L7 Electronic Copy - Complete Submittal ❑ Stormwater Calculations ADD171 tt1NAL. FEES Should the re- ici% process be delayed by the applicant for longer than b months, re -submittal will be required consistent ►vith current regulations and fees. The applicant/owner shall have 1 dear from the approi al date to commence eonsh-uc:tion of all or any phase. If the site plan expires, the applicant/mi-ner must re -apple for a new re► UL s%ith applicable fees. An extension may be requested for additional fees. FORM B 2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P02000117400 Entity Name: DOUBLE R & D INC. Current Principal Place of Business: 13455 N. INDIAN RIVER DRIVE SEBASTIAN, FL 32958 Current Mailing Address: 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 FEI Number: 20-0275401 Name and Address of Current Registered Agent: HESS, DANIEL PSR. 13465 N. INDIAN RIVER DRIVE SEBASTIAN, FL 32958 US FILED Mar 28, 2022 Secretary of State 2417735327CC Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered ofilce or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title P Name HESS, DANIEL P SR. Address 13465 N. INDIAN RIVER DRIVE City -State -Zip: SEBASTIAN FL 32958 Title ETC Name O'REILLY, ROBERT Address 386 JANUA COELI WAY City -State -Zip: RUTHERFORDTON NC 28139 Title VP Name O'REILLY, STEPHEN R Address 386 JANUA COELI WAY City -State -Zip: RUTHERFORDTON NC 28139 Date I hereby certify that the information indicated on this report or supplemental report is tore and accurele and that my electronic signature shall have the some legal effect es if made under oath; that l am en ofNcer or director of the corporation or the receiver ortruslee empowered to execute this report as required by Chapter 607, Florida statutes: and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DANIEL P HESS PRESIDENT 03/28/2022 Electronic Signature of Signing Officer/Director Detail Date 1790278 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FLr BK: 2088 PG: 1758, 10/12/2006 08:18 AM DOC STAMPS D $0.70 RAN Dedication — Blue Water Bay PD Tax!D #31-39; 26-00000-5000-00001.0 Tax ID #31-3 2ti-00000-5000-00001.1 Tax ID #31-39-26-00000-5000-00001.2 Instrument prepared by and should be retumed to the County Attorneys Office 1840 28 ' Street, Vero Beach, FL 32960 STATUTORY WARRANTY DEED THIS INDENTURE, made this *Z-LI day of PLC -'v ( _ , 2006, between 510 GROUP, L.L.C., a Florida limited liability company, 1974 14' Avenue; Vero Beach, FL 32960, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32956, GRANTEE, WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate, lying, and being in Indian River County, Florida: SEE EXHIBITS "A" ATTACHED HERETO AND MADE A PART HEREOF AND GRANTOR does hereby fully warrant the title to the said land, and will defend the same against the lawful claims of all persons whomsoever. Signed it t pre ' 510 GROUP. .L.C. sign:/ J W. 1) Printed name: sign S< <f- R"���.�.,,._ By. Mark A. Brackett Witness J�3sl ca �', W+t1+Grrns Managing Member Printed 'sa me: STATE OF FLORIDA COUNTY OF--rM'[1,n The foregoing instrument was acknowledged before me this2A day of RPr; 1 , 2006, by Mark A. Brackett, Managing Member of 510 GROUP, L.L.C., a Florida limited liability company, who is E �@Monall, known to me or produced _ as identification. sigh,:-- -..[.2.c..a�-4 Qr Notary Public Stamped seal with printed name, 4pwLauren F HpnWlpn Commission # & expiration date cy Mfl CannNrreipn DD771000 W fires Fabru"07 2007 BK: 2088 PG: 1759 Description A strip of land in the Southwest 1/4 of Section 26, Township 31 South, Range 38 East, Indian River County, Florida, said strip being more particularly described as follows: COMMENCING at the Southeast corner of said Southwest 1/4 of Section 26, proceed North 00' 15' 05" East along the East line of said Southwest 1/4 a distance of 53.26 feet to a point on the North right—of—way (r/w? line of County Road No. 510 (100' r/w), said point being the PPO NT OF BEGINNING; thence continue North 00' 15' 05" East along said East line, a distance of 2598.81 feet to the Northeast comer of sold Southwest 1/4 of Section 26; thence North 89' 44' 40' West along the North line of said Southwest 1/4, a distance of 85.09 feet; thence South 00' 11' 20" West a distance of 30.00 feet to a point of curvature of a curve concave Southwesterly, having a radius of 55.00 feet, and a tangent bearing of North 87 48' 40" West; thence Southeestery along the orc of said curve, through a central angle of 99 03' 45 , a distance of 86.45 feet to the point of tangency of said curve; thence South 00' 15' 05" West, along a line parallel to and 30.00 feet West of sold East line of the Southwest 1/4, a distance of 1310.59 feet; thence South 01' 56' 56" West a distance of 32.27 feet; thence South 15' 20' 59" West a distance of 51.78 feet; thence South 01' 46' 10" West a distance of 284.84 feet; thence South 15' 45' 24' East a distance of 25.34 feet; thence South 00' 15' 05" West along .a line parallel to and 45.00 feet West of (when measured perpendicular to) said East line of the Southwest 1/4 a distance of 745.03 feet; thence South 45' 17' 35" West a distance of 56.53 feet, thence South 00' 15'. 05' West a distance of 26.84 feet to a point on said North r/w line of County Road No. 510; thence South 89' 46' 39' East along said North r/w line, a distance of 85.00 feet to the POINT OF BEGINNING. Containing an area of 100,354 square feet, or 2.30 acres, more or less. Proposed Biuewater Bey S/D r/w - East Side William B. Zentz & Associates, Inc. f40-013 ProfefttweiSLrVBy0Y8&L48A*w8 — - aIFlG1E or Aua+naMA7M (te) tln. VM PA If Jn 684 Old Dixie Highway �._Z'� �3t�d6 3/M/06 Vero Beach, FI 32962 - Phone; (772) 567-7552 � of V\Z Fax : (772) 567-1751 ft. Says 1 2 EX H I B IT "Y" BK: 2088 PG: 1761 Description A strip of land in the Southwest 1/4 of Section 26. Township 31 South, Range 38 East, Indian River County, Florida, said strip being more particularly described as follows: Commencing of the West 1/4 corner of said Section 26, proceed South 89' 4B' 40" East along the North line of said Southwest 1/4 a distance of 275.00 feet to a point on the East line of Sebastian River Water Control District Lateral "D" Canal right—of—way; thence continue South 89' 48' 400 East along said North line of the South— west 1/4, a distance of 2291.77 feet to a point 1 �'ng 85.09 feet West of the Northeast comer of said Southwest 1 / 4 as measured along said North line; thence South 00' 11' 20" West a distance of 30.00 feet; thence North 89' 48' 40" West, parallel to and 30.00 feet South of (when measured at right angles to) said North line, a distance of 1709.49 feet to the point of curvature of a curve concave Southerly, having a radius of 2835.00 feet; thence Southwesterly along the arc of said curve, through a central angle of 08' 11' 30", a distance of 405.32 feet to a point of reverse curvature with a curve concave Northerly, having a radius of 1236.00 feet; thence Waste rlx along the arc of said curve, through a central angle of 08' 17' 43 , a distance of 178.95 feet to a point on said East line of the afore— mentioned Lateral "D' canal right—of—way; thence North 00' 11' 51" East, along said East right—of—way line, a distance of 71.53 feet to the POINT OF BEGINNING. Containing an area of 79.309 square feet, or 1.82 acres, more or less. Proposed Bluewater Bay S/D r%w - Morin Side William B. Zentz & Associates, Inc. Ab. PlDJ•OIBBIbyfB�,�ViB�/OIr���8�8 l �40- Oi3 cammm OF A rnwRRAIM (LB) M. G"0 4"E 684 Old Dixie Highway ! 3 j I`O� 31.3U106 El ea each, FI 32962 i - Phone: (7VQ772) 567-7552 watxtr zczrrc x shfu or Fox : (772) 567-1751 R.'No. 577s ,Sr a ORMW4 1 2 ANNEXATION ANALYSIS This analysis has been prepared to support a request to annex the subject property into the City of Sebastian and change the future land use map (FLUM) designation of approximately 40 acres from Indian River County "R" (Rural Residential) to City of Sebastian "Low Density Residential (LDR)" and redesignate the zoning district for the site from Indian River County "AG-1" (Agricultural) to the City of Sebastian's "PUD" (Planned Unit Development) district. The purpose of this request is to secure the approvals necessary for developing the property with a future use compatible with the adjacent properties and the applicant's intentions for development. The applicant intends on developing a residential neighborhood that preserves the beautiful south prong of the Sebastian River, while providing new residential housing. The property site is located adjacent to the City of Sebastian on the south and western boundaries. The property is intended to be developed in tandem with the similarly sized parcel immediately on its western boundary which also has a Low Density Residential (LDR) Future Land Use designation. As part of the annexation, we are providing the following information regarding concurrency and the possible impacts to the City: Impact on Public Facilities and Services. • Transportation • Access • Water and Sewer • Solid Waste • Stormwater • Parks & Open Space • Schools • Concurrency Summary II. Fiscal Analysis III. Environmental Impacts IV. Compatibility with City's Comprehensive Plan V: Compatibility with Surrounding Area VI: Conclusion VII: Attachments Impact on Public Facilities and Services. The site is located within the Urban Services Area, an area deemed suitable for urban development. Several services are already provided from both the county and City, including utilities and emergency services and should therefore be compatible with the City's future service areas. The Comprehensive Plan, FLU Element and Intragovernmental Element establishes standards for Concurrency management and specifically, standards for Transportation, Potable Water, Wastewater, Drainage, and Recreation. 1IPage Chapter IX of the City's Land Development Code, "Concurrency Management", defines the level of service standards for these facilities, and specifies that adequate provisions for these services are necessary to support new development. Because a site plan is not typically prepared for an annexation or Land Use Amendment, the Concurrency analysis is based on an assumption that the site would be developed at an average density of 4 dwelling units per acre, similar in density to the proposed Spencer parcel directly adjacent to the west. The act of annexing the site will not change the impact and demand on public services, as its envisioned that the site will be developed whether its stays in the County or is brought into the City. And by its proximity to the City, the development will naturally add to the traffic on the roads and schools (both of which are County facilities). However, annexing the site will provide the City control and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue. Transnortation: This site currently has an Indian River County "R" (Rural Residential) designation and for the annexation Is seeking to amend that to the City of Sebastian "Low Density Residential" (LDR). In looking at this site, we have calculated the trip generation based upon its current Land Use, and also calculated the proposed trips based upon the full five units an acre allocated in to the LDR land use. Of course, during site plan development, if required, a full traffic impact report will be submitted that shows the impacts to each of the adjacent roadways. This site is primarily going to access County Road 510, which FDOT has a phased plan adopted and approved to increase capacity. TRAFFIC STATEMENT PER ITE, 10TH EDITION: PARCEL SIZE: 40.23 ACRES EXISTING LAND USE: IRC - R i 1-UNIT/ ACRE) USE 1: (210 - SINGLE-FAMILY DETACHED) = 9.44 ADT PER UNIT 40.23 ACRES/ "NIT/ ACRE = 40.23 UNITS 9.44 X 40.0 UNITS = 378 AADT PROPOSED LAND USE: SEBASTIAN - LDR (5-UNITS/ ACRE) USE 1: (270 - RESIDENTIAL PLANNED UNIT DEVELOPMENT) = 7.38 ADT PER UNIT 40.23 ACRES X 5-UNITS/ ACRE = 201 UNITS (Maximum allowable units per land use density) PROPOSED NUMBER OF UNITS: 156 7.38 X 156.0 UNITS = 1,151 AADT EXISTNG LAND USE ALLOWABLE: 378 AADT PROPOSED LAND USE ALLOWABLE: 1,151 AADT DIFFERENCE: 773 AADT ADDITIONAL TRIPS ADDED 2 1 P a g e Access: This site has a planned shared new roadway near Sebastian River High School on County Road 510 on east -west roadway into the development that will be 891 Street, additionally there is a planned secondary connection on the southeast corner of the development that would run to a second point on CR 510. This site is also adjacent to the North County Transit Hub, offering quick connections onto the Go Line's public transit options for Routes 5, 9,10, and 12. The planned FDOT roadway improvements also offer a proposed new bike lane as part of the redesign of CR 510. IT is understood that development approvals for this property are contingent upon the construction of the planned 89en Street access that is currently under design in coordination with Indian River County. Water and Sewer Utility: Water and sewer are available adjacent to the site and will connect. Both water and sewer design plans will be completed concurrent with any proposed development plan. The City's Comprehensive Plan indicates that 250 GPD per equivalent residential unit (ERU) is still the most appropriate measurement to utilize. Demand: 250 GPD per ERU is the appropriate calculation for both Water and Wastewater (Sanitary Sewer). The County has indicated this is a consistent measurement for the Utility design and capacity data indicates that adequate capacity exists. Solid Waste: The City has a franchise agreement with Waste Management to provide solid waste collection, two times a week. The County also has an agreement with Waste Management but just offers once a week pickups. Waste Management utilizes the IRC transfer and landfill facilities. The calculation demand and capacity are included below based upon Waste Generation Units (WGU): The following analysis is provided, consistent with IRC requirements: 156 units x 1.6 WGU = 249.60 WGU's of waste. Capacity -county landfill: Based on information from IRC there is adequate capacity forecasted through 2071. Stormwater: The drainage level of service standards outlined in the City's 2040 Comp Plan, include: 1. Post -development run-off shall not exceed pre -development run-off for a 25-year 24-hour event. Treatment of run—off from the first 1 inch of rainfall on -site. 3. Meet design and performance standards of 17-25 FAC. 31F'ago Prior to any site development approval, the City's land development regulations require that the proposed development plan provides sufficient evidence that the project, when constructed and operating, will meet or exceed the local and state requirements. All developments, at time of site plan application, are reviewed for compliance with local and state stormwater regulations, which require on - site retention and pollutant abatement, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge criteria of the City storm water ordinance and the state -environmental permitting agency (S-I.R.W.M.D.). Therefore, any future development on the site would be prohibited from discharging any runoff In excess of the pre - development discharge rates and prohibited from discharging pollutants in excess of pre -development amounts. The City has adopted and implemented a stormwater program and this site would be subject to those requirements, including the payment of an annual Stormwater Impact Assessment (levied through the annual property tax assessment) that is currently $120 per residential unit. Its important to note that site development will improve the water quality to the receiving waters (in this case, the Indian River lagoon). In its current condition, which appears to have untreated stormwater run-off. Site development regulations require the construction of storm water management systems that detain and prevent erosion and excess stormwater run-off, removes pollutants, and often requires the installation and maintenance of shoreline protection buffer(s) when adjacent to surface waters or wetlands, and protection of or mitigation for jurisdictional wetlands on the site. As a result, the stormwater run-off discharge rates and pollutant volumes discharging off -site will be reduced. Recreation & Oren Si:!ace: This site is strategically located to offer fast and easy access to many local passive and active recreational parks. The Land Development Code indicates that 2.0 acres per 1,000 persons for Neighborhood (within a # mile) and Community Parks (within a 1/2-mile to 3 mile radius) are the appropriate metric. We have prepared a graphic showing the proximity to several community and regional parks. Notably, the North County Regional Park is 1.6 miles away, and the Kayak launch is 1.3 miles away. Also within easy distance is the Rail Trail, running along the north side of CR 512 about a block north of the road. This follows the rail bed of the historical Dinky Line of the Trans -Florida Central Railway that originally serviced Fellsmere Farms. At the County's North Regional Park, this facility follows a paved surface that leads to the 1-95 overpass and links up a number of State Parks. Also, the City's Community Park at Barber Street is within a 3 mile radius. The North County Library is within two miles, and there are sidewalks to provide easy access to all these amenities. Through the site plan process, neighborhood level recreational amenities and open space will be identified. The Comprehensive Plan also requires the dedication of land for parks or fees in lieu thereof for all new dwelling units. These fees are paid at the time of building permits. 4 1 P a g e Schools: The School District has completed the Conditional School Concurrency form and it Is attached that shows there is adequate capacity at each of the local area schools: Treasure Coast Elementary, Sebastian River Middle School and Sebastian River High School. Concurrency Summarv: Based on the above data, public facilities for traffic, drainage, solid waste, water, wastewater, parks and open space, and schools have adequate capacity to accommodate the proposed use of the subject property. II. Fiscal Statement The proposal to annex the 40 acre property into the City of Sebastian will have a positive fiscal Impact to the City as the property is developed. In its current state, the property enjoys an Agricultural classification and historically low property taxes for Its Agriculture status. However, this site is planned for a new subdivision to provide 156 homes. As this happens, each homesite will be subject to Ad Valorem taxes and fees established upon the value of each property. Annexing the site will provide the City control and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue that the City would otherwise not obtain. Additionally, the City will benefit from Impact Fee collection and building permit fees. This property currently has a 2021 Market Valuation of $680,000 per the Property Appaiser's Office. After various discounts including an Agricultural Exemption, this site collects $157.83 in property taxes to the County (none of that goes to the City). After this development is built, it is projected that each property would be valued on its own. in looking to Sebatian River Landings, three properties were sampled to develop a snapshot of the potential Ad Valorem rates and the Stormwater fee. Address 2021 Market Valuation 176 Port Royal Ct. 225,000 146 Morgan Ct. 202,417 220 Barbossa 217,811 Average 215,076 Source: Indian River County Property Appraiser Data interpolating this, the Ad Valorem average value of $215,076, utilizing the City's millage rate of 3.0043 is $646.15 per annum. The tax generation for 156 new residential units is estimated to be $100,800 annually and will likely grow as values grow over time. Additionally, the Stormwater fee of $120 per unit is $18,720.00. 6 1 P a g e Environmental Impacts A preliminary Environmental Assessment has been prepared for this site dated February 11, 2021. A full copy is in the application package, and this section will summarize the report. Also, the Surveyor has identified the native tree species that occur on the site as well as noted the presence of nuisance and exotic species. There were no gopher tortoise burrows or individuals observed, nor does the site contain scrub jay habitat. This site is outside the quarter mile threshold from the nearest occupied scrub jay territory or suitable habitat. The site does appear to have a native upland community and access to the one of the branches of the Sebastian River. In preliminary discussion with the City, the developer understands the unique natural amenity and will work with the City to determine the most appropriate methods to conserve the site and access to the south prong. This site is classified as Flood Zone X, as a largely abandoned citrus grove it does support some native oaks and palms, but there are no protected species found on the site. The site also contains a few small segregated wetlands and other surface waters from the agricultural use. A formal wetlands delineation will be done during the permitting process. Any impacts to the wetlands will be addressed through avoidance and minimization where possible, mitigation by enhancing and preserving, and wetland mitigation credits where needed. Currently, the Corrigan ranch property has available wetland mitigation banks. Environmental impacts caused by the potential development of the site would be essentially the same under either the existing IRC or the proposed City FWM designation, or whether in IRC or the City of Sebastian. It is important to acknowledge that prior to any site development, requisite permits from the appropriate agency are required. Any wetlands or other natural resources that may be located on the site are protected by federal, state, and local regulations and would require the approval of those agencies through their review and permitting process. a.w:ln`J.lr��*.*W . .a14W��►T or � � � �! t �• { ,r .rr v `fir r' � [ r!� �� � P. 49 �r 'hrub poll R y„ M Ftir7 r --a _ — Riu 7 1 P a g e IV. Compatibility with City's Comprehensive Plan (2040) 2D40 Comprehensive Plan Analysis: Approving the annexation and granting the request to re -designate the subject property to a "LDR" FLUM designation within the City would result in development which would be compatible with surrounding areas and in this case both Sebastian River Landings to its north, future residential development on the vacant parcel to its West, and the future development of Blue Water Bay to its south. The site already has an IRC "AG" future land use designation and "Rural Residential" zoning, so the annexation and FLUM designation would change the anticipated development consistent and compatible with the parcels around it, and the original Sebastian Highlands development which is also LDR. Annexing the site will provide the City control through their land development regulations and oversight of the future development of the site, and it will ensure the City will be the recipient of additional sources of revenue that the City. Annexing the property is consistent with the City's long-term objectives and goals adopted in its Comprehensive Plan. The following references are in direct support of annexation and the designation of "LDR" Future Land Use in this vicinity: Key Objectives and Policies in the City's 2040 Comprehensive Plan are referenced below: Map 1-14: his site is located within the City's annexation reserve area Objective 1-1.2 Residential Land Use Policy 1-1.2.2. Low Density Residential Development (LDR) Areas designated as Low Density shall accommodate a maximum density of up to five (5) dwelling units per acre and shall be comprised primarily of single family detached homes on individual lots and attached residential homes. This site is intended to offer single family attached residential homes, and be developed in conjunction with the adjacent parcel to offer single family detached homes. Policy 1-1.2.6. Allocating Residential Development. The highest residential densities shall continue to be allocated to sites with adequate and supporting public infrastructure, accessible to major arterials or collector streets and adjacent to existing development with the same or higher density. The allocation of new residential land use shall be based on the following considerations: • Projected population - Th.« homes will help fulfill housing needs for the City's projected population • Infrastructure (availability) — Nater and Sewer is adjacent and available. • Infill — i his site would serve as infill development as its within the Urban Service Boundary and adjacent to other developments. 91Page 9 Enclaves— i his site is adjacent to the City boundaries and could be considered an enclave. • Housing trends and characteristics Including provisions for missing middle and attainable housing; is Provision and maintenance of quality residential developments and housing stock. This site seeks to provide "missing middle" housing that would be attainable for the local area. • Protection of environmentally natural systems —At the site plan stage, this site will add additional protections to the South Prong of the Sebastian River. • Location and or proximity to the Coastal High Hazard Area (CHHA) — This site is not located within the • The need to plan for transition in residential densities - This site is adjacent to the Spencer Parcel which is already within the City, and is LDR. Additionally, most of Sebastian is LDR including the original Highlands subdivision. • Provision and maintenance of traffic circulation — FDOT is investing heavily in CR 510, and a new east west roadway(89t" Street) is planned between this site and the Bluewater Bay that will be maintained by Indian River County Objective 1-2.2: Prevent Proliferation of Urban Sprawl. The City shall continue to maintain LDCs which include performance standards ensuring that the location, scale, timing, and design of development shall be coordinated with public facilities and services in order to prevent the proliferation of urban sprawl, maximize pubic infrastructure, and achieve cost effective land development patterns. This site meets all criteria, it's a compact site that is adjacent to several other developments and has easy access through the arterial roadway of CR 510. Schools are uniquely close by the site —with close proximity to Sebastian River High School, Sebastian River Middle School, and Treasure Coast Elementary. Objective 1-3.4: Design for Healthy Communities. Encourage design principles that accommodate for healthy lifestyles and safety. Policy 1-3.4.1: Healthy Communities. The City shall ensure equitably distributed and accessible active transportation facilities (i.e. sidewalks, bike lanes) and recreational opportunities (i.e. parks, greenways) to support healthy lifestyles and physical activity. a , _, - — , Y u _­d� ,Y , — a ' , ..a, �cs 1,11; 1,11 , aver C,.,iity Greenway/Blueway. The County's North Regional Park is nearby, as are connection to the Rail Trail that is built upon the historical Dinky Rail Line. The County's Blueways Kayak Park is nearby on CR 512 with two access points (one closer to Fischer Lake Isle and one just east of the main entrance to Sebastian River Landings), and the City's Barber St Park offering football, skateboarding and more is within a 3 mile radius. FDOT has planned bike lane improvements on CR 510 that are funded and will begin in Fall 2022, while the sidewalks are wide sidewalks designed to accommodate a variety of pedestrian and people powered movement. 9 1 P a g e V. Compatibility with Surrounding Areas The property is located adjacent to the City's western central boundary, adjacent to Sebastian River Landings and the Spencer Parcel, accessible via County Road 510. The northern side, as well as the western side, of the site abuts the City of Sebastian City limits. The parcel to the west shares the same LDR designation, and LDR is the predominant designation throughout the City. VI. Conclusion Based on the analysis, the City can conclude that the requested annexation and land use designation is compatible with surrounding areas, consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable land use designation amendment criteria. Most importantly, the subject property is in an area that offers municipal services and critical Infrastructure water and sanitary sewer. VII. Attachments SCADL —Conditional Concurrency from Indian River County School Board Annexation Maps showing the City's Adjacent Land Use and the City's Zoning Designations 101Pagc Time Stamp Received School Impact Analysis Form Instructions: Submit one copy of completed application, location map, and applicable fee for each new residential project or building permit requiring a determination of school capacity to the applicable local government. Conditional School Capacity Availability Determination School Capacity Availability Determination Type Of Application Request: [3 Request for Exemption Project Information Project Name: Double R & D Inc. Subdivision Annexation Municipality (if applicable): Sebastian Parcel ID#: (attach separate sheet for multiple parcels): 31-38-26-000003000-00006.0 Location/Address of subject property: 8925 86th Avenue (Attach vicinity location map — with Closest Major Intersection) Generally located at SF quadrant of CR 510 & 512, see attached maps. Ownership/Contact Information Owner/Contract Purchaser Name(s): Double R&D Inc. Agent/Contact Person: Bill Pittsley (If agent or contact information is completed the District will forward all information to that person) Mailing address: 1835 20th Street, Vero Beach, FL 32960 Telephone#: 772-569-0035 Fax: Development Information Current Land Use Proposed Land Use i Designation A-1 _ Designation LDR Current Zoning R-Rural Proposed Zoning PUD-R SF: 156 Proposed # Dwelling units TH: by type"': MF: (rental) Condo: _ _ __ • Show only the # of units for this application not the total for the development I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. %InA~'' s/is/zoxz Owner or Agent Signature _ , L;.,�t ,z _n R.,w.., Date . _ (If applicant is not the owner of record, a letter of authorization from the property owner(s) must be included with this form at time of application submittal.) eSignature Details Signer ID: uaTfRJLnNjgJKTLxR4manzk2 Signed by: Dan Hess Sent to email: hessdp@hotmail.com IP Address: 64.64.117.249 Signed at: Sep 15 202Z 12.49 pm EDT For School District Use Only (Capacity Availability Determination) School Capacity Available:_ School Capacity Not Available: Exempt: Sc ool Capacity AyailabAdjacent Service Area: School District Facilities Specialist Signature k Friday, September 16, 2022 Indian River County School District School Concurrency Availability Determination Project Name: Double R&D Inc. Subdivision Annexation Project Unit Yield By Type of School Date Received: 9/16/22 @ 9:15am Yield Elem Mid High Case Number: Single 0.189 29 Builder Name: Single 0.097 i5 Location: 8925 8011 Avenue Single 0.123 19 Sebastian, FL (Generally located at the SE quadrant of CR 510 & 512) Parcel ID: 31.38.26.000003000.00006.0 Project Planned Units: # Single Family 156 # Multi -Family: 0 # Townhomes: 0 # Apartments: 0 Additional ADDlicant: Double R&D Inc. Information: Contact: Bill Pittsley 1835 200 Street Vero Beach, Florida 32960 (772)569-0035 school Service Area Current Programmed Total Current Vested I Total Available Project Boundary (SSAB) Capacity Capacity Capacity Enrollment ! Demand Demand Capacity Demand Treasure Coast ES 799 0 799 639 0 639 160 29 Sebastian MS 1017 277 1294 840 0 1007 4S4 15 Sebastian HS 2334 0 2334 1908 0 1908 426 19 This letter is in response to a Conditional School Capacity Availability Determination Request for the Project Double R&D Inc. Subdivision Annexation, This Project is located in SSAB for Treasure Coast Elementary School, Sebastian River Middle School, and Sebastian River High School. The SSAB does have sufficient space available to accommodate the students projected to be generated from this project. anoF SEEA HOME OF PELICAN ISLAND Special Use Procedures As detailed in Section 54-2-3.1 of the Land Development Code, a special use is a use which is not specifically provided for in the zoning regulations. The Planning and Zoning Commission and City Council may permit such uses in such zoning districts or classifications as special uses only if the applicant meets specific provisions and conditions deemed appropriate. 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, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable laws or regulations, and shall satisfy the findings of fact outlined in Section 54-2-3. 1 (a)(3) of the Land Development Code. Procedurally, staff has reviewed the application to determine its recommendation. The Planning and Zoning Commission shall hold a public hearing and shall indicate whether, in their opinion, the proposed special use meets the required findings of facts (Section 54-2-3.1(a)(3) noted above) and review criteria established in Section 54-2-6.2(d). The Planning and Zoning Commission shall then make a recommendation to City Council to approve, approve with conditions, or deny the application for the special use. The City Council shall then hold a public hearing, review the findings of facts and review criteria, and by resolution approve or deny the application. Community Development Department Special Use — Staff Report 1. Project Name: Mr. Clean Car Wash 2. Requested Action: Approval of a Special Use Permit application to allow development of a commercial Car Wash facility which includes a 3,200 SF automated carwash tunnel building, two (2) queuing lanes and pay kiosks, twenty-eight (28) canopied vacuum stations, and four (4) employee parking spaces in addition to required stormwater, utilities, and landscaping to be located at the requested site. 3. Project Location: a. Address: 200 & 203 Sebastian Boulevard b. Legal: Lots 3 & 4, Rohm Commercial Subdivision Replat, according to the plat thereof, as recorded in Plat Book 26, Pages 83 thru 85, of the Public Records of Indian River County, Florida C. Parcel #: 31-39-07-00006-0000-00003.0 & 4.0 4. Applicant: Guggenheim Development Services, LLC 3000 Internet Boulevard, Suite 570 Frisco, Texas 75034 Mary Solik, Esq, Representative msolik@dotysoliklaw.com (407) 367-7868 5. Property Owners: William Brognano, Todd Brognano, & Daniel Brognano P.O Box 780874 Sebastian, Florida 32978-0874 ameronh@aol.com (727) 589-1299 6. Project Description: a. Narrative of proposed action: Application has been made for approval of a special use permit to allow a 3,200± SF carwash facility on vacant property located on Sebastian Boulevard within the Triangle Overlay District. The double lot site is adjacent and east of the existing Sherwin Williams Paint Store & O'Reilly's Auto Parts Store, west of the vacant City Public Works Compound & American Legion Post, and across the street from the Orange Heights Mobile Home Subdivision. If the special use permit is approved, a final, detailed site plan application would then follow. The current request is for approval of the carwash use only. b. Current Zoning and Land Use: Land Use: Mixed Use (RMU) Zoning: Commercial General (CG) C. Adjacent Properties: Zoning Current Land Use Future Land Use North R-ME Residential — Orange MH Heights East PS American Legion & INS Vacant City Garage J South C-512 Vacant Commercial C-512 West CG Commercial CG d. Site Characteristics: (1) Project Area: Total Area 2.8 acres N (2) (3) (4) 7. Staff Comments: Current Land Use: Water Service: Sanitary Sewer Service: Vacant Indian River County Utilities Indian River County Utilities During the past year, staff was approached by AXIS Infrastructure, representing Mr. Clean Car Wash, regarding development of two vacant lots on Sebastian Boulevard for an automated carwash facility. The LDC does not have specific regulations regarding carwash uses, therefore approval of a special use permit is needed before making application for development of the site. During telephone & electronic discussions with AXIS, staff disclosed that important issues that would need to be considered and should be addressed in their application submittal were the amount of existing carwashes already in operation, along with the number of proposed car wash applications, compliance with the redevelopment plan, and compliance with the Triangle Overlay District's architectural regulations (EXHIBIT A, B & Q. The special use application was received on December 6, 2022, and included a project narrative, proposed architectural elevation renderings, a survey, and a conceptual site plan (EXHIBIT D1 thru D5). No other sunvortinc documents, includin-v a market anahf sis or noise analysis, were submitted with the application. Staff has reviewed the submitted information and offers the following for consideration: Comprehensive Plan and Community Redevelopment Area Master Plan The location of the proposed car wash facility is located within the city's Community Redevelopment Area (CRA) in a locale referred to as the Sebastian Boulevard Triangle Area and/or the Sebastian Boulevard Mixed Use District. In 2005, the Sebastian Boulevard Triangle Overlay District regulations were adopted and added to the Land Development Code to help assist with attaining redevelopment goals within the triangle area. The CRA Master Plan includes the vision for the Sebastian Boulevard Triangle Area (Triangle). It specifically states "The linchpins of this Plan are the eventual redevelopment of the Sebastian Boulevard Triangle Area, as well as the redevelopment of Riverview Park and the surrounding vicinity. The Sebastian Boulevard Triangle serves as an important gateway to Downtown Sebastian, and the concepts presented within this plan will create a vibrant small-town neighborhood within this area that integrates well into the adjacent residential communities." Ensuing guidelines noted within the Master Plan establish strategies for future development to help achieve the small, mixed -use residential gateway envisioned for the Triangle. (EXHIBIT E) Comprehensive Plan Objective 1-3.3: Encourage Redevelopment and Renewal of the Future Land Use Element requires that the City, through Policy 1-3.3.1, shall continue to promote vitality and redevelopment of the Sebastian Boulevard Mixed Use District as directed in the CRA Master Plan. (EXHIBIT F) FOR CONSIDERATION: If the car wash special use permit is approved and the facility is built, will it incentivize residential development within the Triangle and on the adjacent vacant parcel? Does it encourage other envisioned residential mixed -uses such as restaurants, coffee shops, and gift retail, with promotable pedestrian systems? Can a mixed -use neighborhood be built around a car wash? • History of Uses allowed in the Sebastian Boulevard Triangle Area In 2000, the city received a final Charrette Report (the Development Master Plan) from the commissioned Treasure Coast Regional Planning Council which outlaid the future development plan for the CR-512 corridor. A key element of the Development Plan was redevelopment of the land located between the divided right-of-way for the corridor under a "New Town Center" concept. In 2002, City Council passed two measures, Ordinance (0- 02-11) which declared a six-month Moratorium on development in the Triangle, and the other, Resolution (R-02-16) (EXHIBIT G), which declared an Impending Change in Law, also for development in the Triangle, so that staff and the city could adjust LDC regulations because "the concept will lose its integrity if some parcels within the area develop outside of the regulations being proposed." A Community Redevelopment Advisory Committee (CRAG) was formed to assist the PZ Commission and City Council in amending the LDC for redevelopment in the Triangle. While the boards were meeting and initiating proposed amendments, the site plan for the Firehouse Garage was approved and built on an Industrial -zoned parcel in the Triangle in 2004. Uses in the zoning districts had not yet been amended, so the permitted Vehicular Service and Maintenance use was allowed. However, within the ensuing 12 months, workshops and numerous hearings were held by the CRAG, PZ Commission, and City Council to consider uses that would be permitted to be developed within the Triangle's three existing zoning districts - Commercial General, Industrial, and Public Service, i.e. those uses that would support achieving the Master Plan goals. Ordinance 0-05-13 was adopted in June 2005 (EXHIBIT H), with Vehicular Service and Maintenance and Vehicular Sales uses (except for indoor vehicular sales) removed from the CG and IN districts as not being supportive, or uses that did not belong in a proposed Gateway to downtown. FOR CONSIDERATION: Would a proposed car wash facility be too similar and/or be considered a prohibited vehicular service activity? Is the use supportive to the goals of redevelopment in the Triangle? Is it a use that does not belong in a Gateway? Are there better suited Commercial General or Industrial zoned areas for a car wash operation? • Market Analysis Currently, there are three (3) fully operational commercial car wash facilities located within the city limits. The distance from the proposed location of the Mr. Clean Car Wash to these existing car wash sites would be: a. 2,075± Lineal Feet from 509 US Highway #1, or .39 miles b. 9,875=L LF from 921 Sebastian Boulevard, or 1.9 miles c. 11,150f LF from 13020 US Highway #1, or 2.1 miles Two additional proposed car wash facilities have submitted applications, one in Sebastian city limits, one within Indian River County, both within 1000 LF from the existing car wash business on US #1. Sebastian's current population is approx. 25,600. Industry standards indicate that one express carwash will service 20,000-25,000 residents. Other articles written by car wash experts state "Competing carwashes in a three-mile radius must be seriously considered." (EXHIBIT I) Mr. Clean Car Wash may suggest that the special use should be granted because they will be offering a better car washing experience. This may be beneficial to the residents, but should be outweighed by the possibly that one or more of the existing car washes may be forced out of business. This occurrence happens in the business community. However, what is not commonplace, is that these types of facilities are considered single -purpose buildings. In the event that one of the businesses decides to relocate or goes out of business, the building could potentially remain empty and become obsolete, especially if two carwashes are nearby each other. The structure would be difficult, or financially burdensome, to convert to a different, permitted use, i.e. an office, or restaurant. This concern is also discussed in Exhibit I. The aimlicant did not submit any^ data or inlormation that the Cirl. o1-Sebastian could support 4, 5, 6 or even 7 operational car washes. FOR CONSIDERATION: Does the existing and proposed car wash competition for Sebastian's population pose a large enough risk that if approved, the Mr. Clean Car Wash may go out of business, and the Triangle could end up with an empty single -purpose building on 2.8 acres? • Noise The conceptual site plan indicates 28 vacuum stations are proposed. It is presumed that noise levels will increase exponentially with both multiple vacuum use and simultaneous blower use. Residents in both the adjacent Orange Heights Mobile Home Subdivision and Ashbury PUD may be affected by the amount of proposed vacuum stations. Staff researched acceptable and/or harmful decibel levels regarding carwashes and found that the OSHA regulations permit only noise exposure levels up to 85 decibels for an eight - hour workday. This information was supplied in an article from the Professional Carwashing & Detailing magazine titled "Reducing Carwash Noise". Staff has included the article for consideration purposes because we feel it is current and applicable, provides noise reduction suggestions, but also confirms that many other communities, councils, and concerned citizens are prone to worry about noise disruption from these types of uses. (EXHIBIT J) The apvlicant did not submit anv information revardini- the expected noise exrosure levels that 28 vacuum stations would .L-enerate, or what Ime of vacuum sYstem(s) was beinv, Proposed. FOR CONSIDERATION: If the special use permit is approved, consideration should be given to the number of vacuum stations proposed, and if 28 vacuum stations are necessary. The number could be reduced as a condition of approval. In addition, if approved, "industry 5 standard recommended noise reduction measures," as noted in the Exhibit J article, should be included as a condition of approval, also. • Proposed Elevations & Conceptual Site Plan The proposed car wash facility would be located in the Triangle Overlay District, which has adopted the Riverfront Overlay District's regulations (Section 54-4-21.C.3). The architectural design of the proposed building does not meet the requirements that have been established for the Triangle District. Specifically, commercial prototype architecture such as flat roofs is prohibited, as shown in the applicant's proposed elevations (Exhibit D2). The intent of the Riverfront Overlay District was to encourage "Old Florida Fishing Village" architectural styles. The conceptual site plan (Exhibit D5) was not reviewed in detail, as it is not the subject of the application, but consideration should be given to the design as to best minimize or reduce any of the expected nuisances the car wash use may bring. 8. Required findines of fact (Section 54-2-3.1(a)(3): a. The approval of the application for a special use 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 based on criteria established in Article VI; Consideration of the minimal information supplied by the applicant and discussed in staff s report should be used to determine if the location and operation of the proposed car wash facility will affect the wel are of the adjacent residents and surrounding business community. If the special use is approved, the public health and safer- matters will be addressed via a fully engineered site plan that must be submitted for review and approved by the Planning and Zoning Commission. Any conditions of approval for the special use required by City Council would need to be implemented into the site plan. The site plan review will include drainage, parking, traffic, landscaping, and special buffering requirements. b. 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 car wash facility use, considered in general, does not appear to be consistent with the intent of the Triangle redevelopment goals as specified in the CRA Master Plan, and as demonstrated by the city's previous removal of Vehicular Maintenance and Service and Vehicle Sales uses as an allowed use within the Triangle Overly District. Co C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. The use does not appear to be consistent with Comprehensive Plan Objective I - 3.3: Encourage Redevelopment and Renewal 9. Conditions of approval (Section 54-2-3.1(a)(4): In approving an application for a special use under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. If the special use permit is recommended for approval by the Planning and Zoning Commission, staff suggests specific conditions of approval regarding the following matters are forwarded to City Council: a. Reduction in the number of vacuum stations b. Submittal of a noise analysis c. Industry standard recommended noise reduction measures required for the car wash equipment d. Increased landscape buffers for both noise reduction, and gateway enhancement — combination of walls & landscaping, height of landscape buffers, number of trees, etc. e. Hours of operation f. Building design meeting Riverfront Overlay District requirements regarding architecture, colors, and landscaping, but enhanced to also meet CRA Master Plan intentions 10. Planning; and Zoninp- Commission findines (Section 54-2-6.2(d): Any approval with or without conditions shall be rendered only after a finding by the Planning and Zoning Commission that the proposed use satisfies the following criteria: (1). Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. See discussion as stated in #8a above (2). Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. This must be determined by the Planning and Zoning Commission and City Council. (3). Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. 7 Staff opines that because of the number of proposed vacuum stations that the intensity may generate unacceptable noise levels for the adjacent residential subidivsions. (4). Conforms to all applicable provisions of the district in which the use is to be located. Staff opines that the car wash use is too similar to the removed Vehicular Service and Maintenance use, and therefore does not conform to the applicable provisions of the Sebastian Boulevard Triangle District. However, if approved, site plan review will insure conformity to all applicable provisions of the Land Development Code, Commercial General Zoning District regulations, the Triangle Overlay District, and include conditions that may be imposed by approval of a special use permit. (5). Satisfies specific criteria stipulated for the respective conditional use described in this article. There are no specific criteria stipulated in the Land Development Code for a car wash facility. If approval is granted, conditions suggested by staff have been provided. (6). Is consistent with the Code of Ordinances and Comprehensive Plan. The use does not appear consistent with the Comprehensive Plan. 11. Recommendation: Staff advises the Planning and Zoning Commission to review the staff report, exhibits, application submittal materials, and detailed considerations, and hold a quasi-judicial public hearing. Per LDC Section 54-2-3. 1 (a)(2)d, the PZ Commission shall indicate whether, in their opinion, the proposed special use meets the above required Finding of Facts. The PZ Commission shall then make a recommendation to City Council to: • Approve the Special Use Permit request • Approve the request with conditions • Deny the request M �v[�2 Community Development beparti ent EXHIBIT A Dorri Bosworth From: Dorri Bosworth <dbosworth@cityofsebastian.org> Sent: Friday, May 27, 2022 9:43 AM To: 'Teresa Curry' Subject: RE: Sebastian, FL GIS Good questions. But based on Section 54-5-22.(c)(29), the definition for Vehicular Sales states "The sale or rental of motor vehicles and related equipment, with incidental accessory service activities." Only if the car wash was incidental to a primary vehicular sales business. Our Land Development Code does not have any specific regulations for car washes. As such, a car wash use meets the definition as described in Section 54-2.3.1 "Special Use —A use which is not specifically provided for in the zoning regulations. The planning and zoning commission and city council may permit such uses in such zoning districts or classifications as special uses only if the applicant meets specific provisions and conditions deemed appropriate." Also, the property is within the Triangle Overlay District in the CRA. Please see Article XXII Performance Overlay Districts, .Division C, Section .54-4-21.C.4 — Use restrictions. Vehicularsales or related service is not noted as a permitted or conditional use in the CG zoning district within the Triangle Overlay District. Hope this clarifies. From: Teresa Curry [mailto:teresacurry@axiscompanies.com] Sent: Friday, May 27, 2022 7:18 AM To: Dorri Bosworth Subject: RE: Sebastian, FL GIS Thank you for that information! Is a car wash not a permissible use per the CG zoning? I had assumed it fell under 'vehicle sale or related service'. Or is it because it's in the CRA? From: Dorri Bosworth <dbosworth@cityofsebastian.org> Sent: Thursday, May 26, 2022 4:57 PM To: Teresa Curry <teresacurry@axiscompanies.com> Subject: RE: Sebastian, FL GIS Ms. Curry — A Car Wash use at this location and in the City of Sebastian will need to apply for and receive a Special Use Permit before a site plan would be able to be submitted. The Special Use will need to receive approval from both the Planning and Zoning Commission and City Council. Your client may wish to see if the Special Use is granted first before detailed work on a site plan is started. Each request is reviewed and determined on its own merits, but a car wash application a few months ago was denied. The proposed location is in a Community Redevelopment Area (CRA) with strict architectural, color, landscaping, and signage regulations. Please contact staff at 772-388-8232 if you need additional information. Regards, Dorri Bosworth, Manager/Planner Community Development Department City of Sebastian 1225 Main Street, Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax dbosworth(a cityofsebastian.org 0 From: Kim Haigler Sent: Thursday, May 26, 2022 4:41 PM To: Teresa Curry' Cc: Dorri Bosworth Subject: RE: Sebastian, FL GIS Teresa, Sorry, but the City does not maintain that information. I recommend calling 811 for that information. Kimberly Iiaigler Environmental Planner khaieler@citvofsebastian.org (772) 388-8206 For information regarding Sebastian's Natural Resources, visit hops://www.cityofsebastian.orx/260/Naun-al-Resources-Board City of Sebastian O,OF BASTCommunity Development Department -I& FAO 1225 Main St. HOME OF PELICAN ISLAND Sebastian 12 32958 From: Teresa Curry f mailto:teresacurrv(&axiscompanies.coml Sent: Thursday, May 26, 2022 12:50 PM To: Kim Haigler Subject: Sebastian, FL GIS CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Good afternoon. My client is looking at building a car wash behind the Sherwin Williams store @ 223 Sebastian Blvd. Do you have any GIS information on water/sewer/gas and/or electric lines in the area? Thank you. Teresa 0 Teresa Curry, P.E. A I FRASTRUCTURE 1111 Cambridge Square, Suite C Alpharetta, GA 30009 678.395.4920 Office 678.237.2764 Cell teresacurry (d)axiscomoanies.com This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. This email has been scanned for spam and viruses by Proofpoint Essentials. Click hcre to report this email as spam. EXHIBIT B Dorri Bosworth From: Dorri Bosworth <dbosworth@cityofsebastian.org> Sent: Tuesday, August 30, 2022 10:09 AM To: 'Izzy Diaz' Cc: Lisa Frazier; Michelle Faulkner Subject: RE: FL, Sebastian permits Hello Existing, operational car washes within city limits: 1) 13020 US Highway #1; 2) 509 US Highway #1; 3) 921 Sebastian Boulevard Proposed car wash locations: 1) 13070 US Highway #1; 2) 12950 US Highway #1; 3) 1979 US Highway #1 - All three within 700 feet of an existing car wash; Car washes are not a permitted or conditional use in any of the city's zoning districts, and must receive a Special Use Permit from the PZ Commission and City Council in order to be able to develop. At this time, staff would not support any Special Use applications for a car wash within city limits. The .small population of Sebastian could not support 6 car washes, which are single -use structures and are not easily adaptable to other uses if the business closes. Regards, Dom Bosworth, Manager/Planner Community Development Department City of Sebastian 1225 Main Street, Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax dbosworthla,citvofsebastian. org From: Izzy Diaz rmailto:izzvdiazCcaaxiscomaanies.com] Sent: Monday, August 29, 2022 1:50 PM To: Dorri Bosworth Subject: FL, Sebastian permits CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Hi Dorri, Good afternoon, hope all is well. Would you mind please providing me with the addresses of the 3 permit applications for car washes? We understand there are three pending at the moment. Please let me know. Best, Izzy Diaz Marketing Coordinator A"'I S 'A INFRASTRUCTURE 1111 Cambridge Square I Alpharetta, GA 30009 (0) 678.395.4920 1 (C) 678.983.1029 Izzvdiaz@axiscompanies.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended sclely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissernInation, copying, or storage of this message or its attachments is strictly prohibited. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. 101 EXHIBIT G Dorri Bosworth From: Dorri Bosworth Sent: Friday, October 7, 2022 12:15 PM To: 'Joe Mines' Cc: Teresa Curry Subject: RE: Mr Clean car wash Attachments: Article 3 Special Use Permits.pdf, 6.2(d).pdf Hello — Please see clarification in red below, and attached section of code that I gave information on yesterday in our telephone conversation. Regards, Dorri Bosworth, Manager/Planner Community Development Department City of Sebastian 1225 Main Street, Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax dbosworth(@citvofsebastian.org From: Joe Mines fmailto:ioemines@axiscompanies.coml Sent: Friday, October 7, 2022 11:47 AM To: Dorri Bosworth Cc: Teresa Curry Subject: Mr Clean car wash CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Ms Bosworth, Thank you for taking the time to review the steps we need to take to get approval be considered for a car wash in Sebastian. You stated that due to the location of our properties (parcel ID 31390700006000000003.0 and 31390700006000000004.0) No, I stated Car Washes are not a permitted or conditional use in any of our zoning districts, and therefore the use itself needed to be approved first through the Special Use process described in the Land Development Code Article III being in an historic overlay, being in the Triangle Overlay District and redevelopment area (CRA), staff would most likely not support the request for a car wash Special Use Permit at this location, and because we already have three existing car washes with three more applications pending. we would need approval of a Special Use Permit before proceeding with a pre-app meeting to discuss any proposed site plan/site development. I wanted to confirm that this is accurate, and request documentation outlining this requirement for our client. Thank you, Joe Mines Engineering Coordinator Al'i S It INFRASTRUCTURE 1111 Cambridge Square I Alpharetta, GA 30009 (C) 404.518.6052 ioemines@axiscomr)anies.com C Sec. 54-2-3.1.. Procedures and criteria for review of special uses and special exceptions. Special use. A use which is not specifically provided for in the zoning regulations. The planning and zoning commission and city council may permit such uses in such zoning districts or classifications as special uses only if the applicant meets specific provisions and conditions deemed appropriate. Special exception. A use, which is provided for in the zoning regulations for a particular zoning district or classification and if controlled would not affect the public safety, health or general welfare by allowing the use in an additional zoning district or classification. The planning and zoning commission and city council may permit such uses in such zoning districts or classifications as special exceptions only if the applicant meets specific provisions and conditions deemed appropriate. (a) Uncertainty. Wherever uncertainty exists regarding whether a specific use Is allowed as a permitted use, approved as a conditional use, or is prohibited in the zoning district regulations of article V, the planning and zoning commission and city council shall apply the following procedures and criteria for reviewing such uses. (1) Criteria for review. Notwithstanding any provisions of this article, 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, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations, and shall satisfy the following findings of fact by the city council. (2) Procedures for review. a. Application. Application for approval of a special use or special exception shall be filed with the planning and growth management department on a form prescribed by the planning and growth management director. Seven copies of the application and all supporting information shall be included. b. Staff review. The planning and growth management director shall distribute the application and supporting information to the appropriate staff for review and comment. The staff can include outside agencies. c. Recommendation to planning and zoning commission. The planning and growth management director shall summarize the staffs comments and make a recommendation to the planning and zoning commission. d. Planning and zoning commission public hearing. The commission shall hold a public hearing pursuant to -� section 54-1-2.8 and shall indicate whether, in their opinion, the proposed special use or special exception meets the required findings of facts and review criteria established in section 54-2-6_2(d), including criteria of article VI. The planning and zoning commission shall make a recommendation to the city council to approve, approve with condition, or deny the application for the special use. e. City council public hearing. The city council shall hold a public hearing with notice pursuant to section 54- 1-2.8. By resolution of the city council, the application for approval of a special use or special exception permit may be approved, upon a finding that the requirements of section 542-6.2(d), including criteria of article VI, are met. If the application is denied, the city council shall state the reasons for denial. (3) Required findings of fact. The city council shall not approve an application for a special use or special exception under this section unless it finds, based upon the evidence presented, that the following conditions are satisfied: a. The approval of the application for a special use or special exception 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 based on criteria established in article VI; and b. The use requested is consistent with the purpose and intent of the respective district, and can be A demonstrated to be similar in nature and compatible with the uses allowed in such district; and c. The requested use Is consistent with the comprehensive plan and the Code of ordinances. (4) Conditions ofapproval. In approving an application for a special use under this section, the city council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. C Sec. 54-2-6.2. - Review procedures. (a) Application. The application for a conditional use shall be filed with the department of planning and growth management and shall be submitted on a form provided by the department. Five copies of the application and supporting information shall be included. The required supporting information shall be submitted with the application. (b) Staff review. The planning and growth management director shall distribute the application and supporting information to the appropriate staff for review and comment. The planning and growth management director shall summarize the staffs comments and make a written recommendation to the planning and zoning commission concerning appropriate action together with any applicable conditions recommended by staff. (c) Planning and zoning commission public hearing. Upon receipt of the staff recommendations, the planning and zoning commission shall hold a public hearing pursuant to section 54-1-2.8, except that the newspaper notice is not required. The planning and zoning commission shall approve, approve with conditions or deny a proposed conditional use. (d) Planning and zoning commission findings. Any approval with or without conditions shall be rendered only after a finding by the planning and zoning commission that the proposed conditional use satisfies the criteria of this article and that the proposed conditional use: (1) Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. (2) Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. (3) Based on the scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties. (4) Conforms to all applicable provisions of the district in which the use is to be located. (5) Satisfies specific criteria stipulated for the respective conditional use described in this article. (6) Is consistent with the Code of Ordinances and comprehensive plan. Upon such finding, the planning and zoning commission shall approve the application for the conditional use permit. On all development, the planning and zoning commission's decision shall be final unless that decision Is appealed to the city council within ten days following the planning and zoning commission's action (reference section 54-2-6.3 below). A written record of findings by the board shall be maintained, including a written statement of all: 1) conditions of approval; and 2) findings supporting the approval or denial of a conditional use. EXHIBIT D1 GUGGEnHEIM October 2022 City of Sebastian Community Development Department 1225 Main St Sebastian; FL 32958 Dear Staff: Guggenheim Development Seivices, LLC 3000 Internet Blvd, Ste. 570 Frisco, TX 75034 Mr. Clean Car Washis an exciting partnership between a trusted Proctor & Gamble brand known internationally and a long-time industry leader in the Atlanta -metro area, Garnett°§ `Car Washes. Mr. Clean Car Wash currently operates eleven locations in Georgia as: well as .two. Florida locations with an aggressive growth plan to extend throughout the Southeast United States. The company's mission statement is "Clean Cars Fast! Delivered with fantastic quality and genuine hospitality!" This proposed Mr. Clean Car Wash development is on 2.8 acres and consists of a 3,200 square foot building with lobby waiting room, office, bathroom, storage and an express automated tunnel of approximately 100'. Once leaving the tunnel, customers are able to pull into one of 28 canopied vacuum spaces to dry, vacuum, and detail their own vehicle, Four employee. parking spaces and two handicap spaces are provided. Ingress and egress to the property is primarily through new curb cuts along Sebastian Boulevard., eastbound and westbound. Additional upgrades to the property will include an enclosed trash enclosure, site lighting, and landscaping: Typical operational hours are Monday -Saturday 8AM to 7 PM and Sunday 8AM to SPM There are typically three to four employees on site daily, Respectfully Submitted, se Kent Director. of Development D5 � to COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 v www.cityohebasgon.org DEVELOPNIENT REVIENV APPLICATION ❑ Accessory Structure Reviewed by P\Z 0 Conditional Use Permit (Commercial) ❑ Administrative Variance (Fence or Septic System) ❑ Conditional Use Permit (Model Homes) ❑ Easement (Abandonment) ❑ Board of Adjustment (Appeal) Xl Special Use Permit\Special Exception ❑ Board of Adjustment (variance) Project Name: Mr. Clean Car Wash Total Site Area: 2.8 Acres Acres\SF I Parcel ID: 31390700006000000003.0 & 313907000060000000014.10 Address of Site: 200 & 203 Sebastian Blvd. Proposed Use: Automated Car Wash Land Use: Mixed Use Applicant Name: Guggenheim Development Services, LLC Address: 3000 Internet Blvd., Ste. 570, Frisco, TX 75034 Telephone: (407)367-7868 Email: msolik@dotysoliklaw.com Zoning: CG 101151 D7 _5aLi k. >` Applicant (If not owner, written authorization (notarized) from owner is required) Owner: William Brognano, Todd Brognano, & Daniel J. Brognano Address: PO BOX 78074 Telephone: (772)589-1299 Email: ameronh@aol.com I Date Received I uL I it 2i Fee Paid: 4SD"O�-DO Received by: M F i S� i FORM D D5 Surveyor: Jeffery Lucas, ESP Associates ............. _ 1 Address: 291-A Cahaba Valley Pkwy North, Pelham, AL 35124 Telephone: (205)-664-8498 Email: jlucas@espassociates.com I Engineer: AXIS Infrastructure Address: 1111 Cambridge Square, Ste. C, Alpharetta, GA 30009 Telephone: (678)395-4920 Email: lukewemette@axiscompanies.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: SEE ATTACHED f _ I SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give at►thorii iolate or cancel the provisions of any other state or local law re plaun • :construction ort rformance ii Steu att,. RA kA. i ILI Paffjo— rint n8m Sig tuft Date Notary: L-b0 4 6eWA14c4wns4k STATE OF:� COUNTY: ;,' 1 hereby certify that ;on t?in` 2t) , ersnriatly appeared �,(,� w)ria is K personally agwn to ;0 ire _ ,.Weed' �? �y [SEAL] �y#: &4ERYLl Kopp .. ' MY Notary ID # 1?A�36i69 NoBow s IrY Public " My Commission Expires: r ww�ioh10�6t*Irls J 415 nna iii n� FORM D EXHIBIT E CRA Master Plan Economic Trends The recommendations contained within this Plan are based on recent economic analysis of the Sebastian Market Area, which reveals: • Property value increases within Downtown Sebastian increased from $45.83 million from to $66.17 million between Fiscal Years 2001 and 2004, indicating that the area is positively perceived by the market; • There will be an estimated demand for between 600 and 700 new residential units in the Market Area annually through 2010; • Higher value single-family attached (townhouse) development should be encouraged for the Sebastian Boulevard Triangle Area, and will create land values substantially higher than under the current industrial zoning; • The market area could support the development of approximately 100,000 square feet of new retail space annually through 2010, in addition to approximately 150,000 square feet of retail space in the vicinity of Riverview Park; and, • Office development and hospitality uses will not likely play a significant role in redevelopment. Redevelopment Concept Plan The Redevelopment Plan Summary Map (Figure 1) provides an overview of proposed redevelopment concepts within the CRA. These concepts include the following: • Improvements to Riverview Park and the surrounding vicinity, utilizing public - private partnerships to create improvements to the park and surrounding streetscape, while also encouraging development of retail space adjacent to the park on privately -owned land; • Creation of a mixed -use district within the Sebastian Boulevard Triangle Area, incorporating retail and commercial space, in addition to creating a new "lake" and park within the retail district; • Enhancement of the streetscape on Riverside Drive, including installation of waterfront pedestrian "pocket parks" where feasible; • Considering the future creation of a Main Street activity center, increasing the usability of the City -owned park and capitalizing on the historical museum as a cultural amenity; • Streetscape enhancements along US-1 throughout the CRA, including enhanced pedestrian lighting, trees and vegetation, and well -delineated pedestrian crossing areas; • Encouraging commercial developers of land fronting on US-1 to "build to the street" to create a more defined urban edge; • Installation of gateway treatments at major points of entry to the City along Sebastian Boulevard and US-1; and • Retaining current building height and density requirements within the CRA to reinforce the "Old Florida Fishing Village" design theme. Sebastian, Florida 2 Updated: October 2010 E CRA Master Plan The linchpins of this Plan are the eventual redevelopment of the Sebastian Boulevard Triangle Area, as well as the redevelopment of Riverview Park and the surrounding vicinity. The Sebastian Boulevard Triangle serves as an important gateway to Downtown Sebastian, and the concepts presented within this plan will create a vibrant small-town neighborhood within this area that integrates well into the adjacent residential communities. Riverview Park is already a magnet for the southern portion of the CRA. Redevelopment of the park and surrounding vicinity will create additional recreational opportunities for residents of Sebastian, and will provide attractive opportunities for complementary retail and commercial development oriented to the park. In addition to the above, numerous urban design recommendations are proposed throughout the CRA, infrastructure improvements are proposed to allow for anticipated future development, and other improvements are proposed that maintain the small-town feel of Sebastian while also providing a demand and population base for the Downtown. Revenue Projections In 2003, the CRA is expected to receive a total payment of approximately $250,000, which includes City and County tax increment revenues. With the addition of the Sebastian Boulevard Triangle Area, the CRA is projected to generate approximately $1 million in annual increment by 2012. This continued growth will provide the City with considerable bonding leverage for large-scale projects such as streetscape and infrastructure improvements. Sebastian, Florida 3 Updated: October 2010 E CRA Master Plan The following are brief descriptions of each Performance Overlay District, as well as their respective site design requirements. Section III of this Plan presents recommendations for additional regulations within these districts. Riverfront Overlay District Regulations The Riverfront Overlay District was created to "encourage development and redevelopment within the Riverfront District that includes promotion of traditional building types with arcades, balconies, and porches." Moreover, the District is intended to encourage architectural design consistent with the "Old Florida Fishing Village" theme of Sebastian. This District covers all of the CRA east of the Florida East Coast Railroad. Design criteria within the District are summarized as follows: • Buildings with facades fronting on more than one street should have consistent detailing on all building elevations on street frontages; • Porches are encouraged; • Wood picket fences, wrought iron fences, or landscape buffers are encouraged along property lines; • Buildings with larger facades are required to provide a vista through which to view adjacent water bodies; • Flat, blank, unarticulated, or "massive" building facades are prohibited; • Lighting may not follow the form of a building, and neon lighting, fiber optics, and similar systems are prohibited; • Accessory structures should be consistent in design to the site's primary building; • Whites, earth tones, and subdued gray building colors are encouraged, while fluorescent and bright colors are prohibited. In addition to the above, the District regulations contain guidelines for roof slopes landscaping, exterior wall finishes, signage, and other relevant site design considerations. CR512 Overlay District Regulations The CR512 Overlay District includes all properties abutting Sebastian Boulevard within the Sebastian Boulevard Triangle Area. This District does not include properties within the CRA west of the FEC Railroad right-of-way that do not have lot frontage on Sebastian Boulevard. The purpose of the CR512 Overlay District is to provide an "attractive, well maintained, orderly and uncluttered appearance" to the corridor through the installation and maintenance of landscaping, appropriate building architecture, and through encouragement of multi -modal transportation accommodating mass transit, and pedestrians in addition to the automobile. A summary of site design criteria within this District is as follows: Sebastian, Florida 15 Updated: October 2010 CRA Master Plan • Corporate signature architecture is prohibited, including flat roofed convenience stores, gas stations, and canopies for gas stations, car washes, and drive -through facilities; • "Kitsch" architecture (buildings not resembling a typical structure) is prohibited; • Materials, finishes, signage, and colors of shopping centers and structures developed on shopping center out -parcels shall be compatible with each other; • Buildings with facades fronting on more than one street shall have similar design considerations and consistent detailing on all street frontages; • Flat, blank, unarticulated, or "massive" facades fronting on a roadway are prohibited; • Advertising is prohibited on any exposed amenity or facility (e.g. benches, trash containers); • "Visually offensive elements" (e.g. walk-in coolers, electrical equipment, etc.) as well as "nuisance elements" must be screened from view on all sides; • Base building colors must be related to wall and parapet wall areas and shall be limited to white and light neutral colors in the warm range. For complete Land Development Code language for each Performance Overlay District, please see Appendix D. E. Public Facilities and Environmental Features Boat access in the CRA Area occurs via the Indian River, which runs east of and contiguous to the CRA Area. In addition, passive recreation opportunities are provided in Riverview Park in the southern portion of the CRA, and through riverfront pedestrian trails and observation areas. A park housing the Chamber of Commerce and the Sebastian Historical Museum is located on the south side of Main Street between Indian River Drive and U.S.-1. Municipal facilities within the CRA Area include the City's Public Works compound, located between the Sebastian Boulevard east and westbound split. The City also maintains boat and vehicle parking facilities throughout the CRA, and is in the process of building a boat -docking pier east of Riverview Park. Critical environmental resources within the CRA Area include the rich habitat provided by the Indian River. In addition, a small lake between the Sebastian Boulevard east and westbound split provides recreation opportunities in the westernmost section of the CRA. F. Redevelopment Needs A number of significant factors indicating a need for redevelopment were identified in the 1995 Sebastian Community Redevelopment Plan as well as the 2002 City of Sebastian CRA Expansion Finding of Necessity. A summary of these blighting factors is presented as follows: Sebastian, Florida 16 Updated: October 2010 E E CRA Master Plan B. Guiding Principles Using the public involvement findings and background data and analysis as a basis, the following principles were developed to guide plan preparation and implementation. Land Use • Encourage residential and mixed -use development in the Sebastian Boulevard Triangle Area. • Encourage retail uses adjacent to Riverview Park. • Create an "institutional" land use designation to include civic, non-profit, and related uses. Land Development Regulations • "Double Front" buildings on Riverview Drive. • Provide for expedited approval of development furthering the redevelopment goals of the City. • Recommend amendments to the City's existing Performance Overlay Districts as appropriate to encourage appropriate redevelopment. • Consider implementing regulations that will encourage primary and out -parcel structures built to property lines along U.S.-1. Architectural Style • Enhance the character of Downtown Sebastian with architecture that addresses the community's "Fishing Village" scale and feel. • Create conceptual land use districts with distinct recommendations for character, architectural style, and community identity. • Create CRA entry features at west end of Sebastian Boulevard Triangle Area and on U.S.-1. Waterfront Projects /Historic Preservation • Protect and enhance uses and buildings along and adjacent to one of the CRA district's most important assets: the Indian River Lagoon. Waterfront projects will make important properties more economically viable and contribute to maintaining and improving the "Old Florida Fishing Village" design theme. • Protect important historic resources in the CRA, particularly those that help to illustrate the City's fishing heritage, as well as those that meaningfully contribute to the "Old Florida Fishing Village" design theme. Sebastian, Florida 22 Updated: October 2010 E CRA Master Plan Specific urban design enhancements within this district will address: • Parallel on -street parking; • Curb and gutter installation; • Pedestrian and roadway lighting; • Sidewalks; • Street trees; • Street furniture; • Raised Pedestrian intersections; • Traffic circles with public art or architectural features; and • Underground utilities. Long-term improvements are shown in Figure 13, and emphasize infill commercial development adjacent to the park, and other large-scale redevelopment initiatives in the district. Please note that while retail uses are encouraged adjacent to the park, no commercial other privately owned land use is recommended for the park itself. Additionally, the development of this district (and generally, the CRA) should be considered a public -private partnership. That is, infrastructure and physical improvements to publicly owned land will be completed by the City, and complementary retail and related uses will be developed by the private sector in cooperation with the City to ensure redevelopment goals are met. Figure 14 shows a typical roadway cross-section within the Riverview Park District. This cross-section features wide pedestrian arcades to provide shade for shoppers, a 16 feet wide landscaped pedestrian zone adjacent to the roadway, and on -street parallel parking. Conceptual improvements to Sebastian City Park, located on the south side of Main Street between US-1 and Riverside Drive, should also be considered within this district. Creation of a future Main Street activity center may increase the usability of the park. The City should also capitalize on the historical museum as a cultural amenity, and investigate the feasibility of developing an expanded facility in the future. Sebastian Boulevard Mixed -Use District (Figure 7-b) The Sebastian Boulevard Triangle Area Concept Plan is shown in Figure 15, and is predicated on significant land use and zoning changes, which are presented in Subsection 1 of this Section. Urban design and other conceptual improvements presented in this plan are summarized as follows: • Creation of mixed -use commercial areas and single-family attached (townhouse) uses throughout the district; • Creation of City gateway features at the Sebastian Boulevard east and westbound split and at Sebastian Boulevard westbound and U.S.-1 to provide: o Architectural features and/or flags; Sebastian, Florida 35 Updated: October 2010 E CRA Master Plan o Signature landscaping; o Specialty feature lighting; and o A fountain feature at the conceptual new lake. • Modification of the existing lake in order to create a park; • Creation of pedestrian and visual connections between the commercial, mixed, and residential multi -family uses; • Realignment of property boundaries (e.g. parcel assembly) to create more usable parcel configurations; • Streetscape Sebastian Boulevard; o Double rows of large shade trees; 0 10 feet wide pedestrian/bikeway; o Placing structures between the roadway and parking areas; o Installation of pedestrian and roadway streetlights; o Specialty paving at key intersections; o A 25 feet wide proposed parkway zone; and o Pedestrian and vehicular connections to adjacent residential use. • Creation of a connection to South Wimbrow Drive: o Traffic roundabout and focal point; and o Vehicular and pedestrian connection to adjacent residential land use. Figures 16 and 17 provide conceptual roadway cross -sections for Sebastian Boulevard east and westbound, respectively. U.S.-1 Commercial District (Figure 7-c) The U.S.-1 Commercial District is characterized by large-scale auto -oriented development, such as auto parts stores, big box development, drive -through restaurants, and other linear strip development common on arterial highways. Figures 12 and 13 primarily show improvements to Riverview Park, but also call for the following improvements along U.S.-1. These improvements are shown as typical roadway cross- section in Figure 18. • Streetscape enhancement o Large specimen Medjool Date Palms in median for scale and visual statement; o Decorative lighting in median where possible; o Washington Palms along roadside; o Decorative pedestrian -scale lighting along roadside; o Bury existing utility lines; and Sebastian, Florida 36 Updated: October 2010 E CRA Master Plan for private development/redevelopment, provision of adequate parking, particularly public parking, has become even more important. The CRA should conduct a parking study to update data regarding parking needs and resources in the CRA district, and recommend specific projects that can be undertaken to adequately meet the need for parking. L Land Use and Zoning Recommendations Land use and zoning recommendations are included herein to address proposed land use according to the redevelopment concept plan, building height, mixed -use development, urban design guidelines, and building setbacks. These recommendations are shown on Figure 11. Proposed Land Use/Zoning by Conceptual Planning District Existing site development regulations and permitted uses for each zoning/land use district throughout the CRA are presented in Appendix F. Specific land use/zoning recommendations presented below, and are organized by conceptual planning district. Park District: No changes are proposed. Sebastian Boulevard Mixed -Use District. Currently the Sebastian Boulevard Triangle Area is zoned for Public Service, Industrial, and Commercial General. The land uses in the industrial -zoned areas is typically commercial in nature, and include equipment rental, automotive -based uses, and other similar uses. The land use/zoning throughout this District should be changed to a new zoning/land use designation closely resembling the requirements of the Commercial Waterfront Residential district (e.g. Commercial/Residential Mixed Use), which will provide for appropriate mixed -use development throughout the area such as single-family attached (townhouse) and commercial mixed uses, and will support the existing clubs and lodges within the district. U.S. -I Commercial District. No land use or zoning amendments are proposed. However, the City should complete further study of how to mitigate the impacts of large commercial development setback further study of how to mitigate the impacts of large commercial development setback considerably from U.S.-1. These developments have large amounts of parking in the front, and can create the image of a "sea of parking" when traveling down the highway. The City should investigate adopting regulations for an overlay area including all commercial parcels adjacent to U.S.-1 requiring a reasonable part of a large development's out parcels adjacent to U.S.-1 requiring a reasonable part of a large development's out parcel space be dedicated to buildings built close to (or -on) the properly line, with parking behind the structure. This helps create a more pedestrian -friendly urban edge throughout the district. Riverfront District. No changes are proposed. Sebastian, Florida 39 Updated: October 2010 EXHIBIT F Objective 1-3.2: Protection of Archaeological and Historic Resources. The establishment of procedures for identification and protection of historic properties and structures within the City will provide for the protection of archaeological sites. Policy 1--3.2.1: Development Impacts. The City shall require applicants to demonstrate measures to mitigate the adverse impacts of the proposed development on historic or archaeological site or structure identified in the adopted Comprehensive Plan. At a minimum, the plan shall identify precautions to be taken to prevent the following adverse impacts: • Destruction or alteration of all or part of such site; • Isolation from, or alteration of the surrounding environment; • Introduction of visual, audible, or atmospheric elements that are out of character with a property or alter its setting; • Vegetation removal shall not be permitted on a historic or archaeological site unless the vegetation to be removed is a part of a duly authorized scientific excavation, or is a part of an approved development plan; • Transfer or sale of the site of significance without adequate conditions or restrictions regarding preservation, maintenance, use or re -use; and • Other forms of neglect resulting in resource deterioration. Policy 1-3.2.2: Programming for Archaeological and Historic Sites. The City shall coordinate with the State in developing programs for implementing City and State policies for identifying, preserving, and enhancing sites of historical and/or archaeological significance. Programs for identification, evaluation of relative significance, protection, preservation, and enhancement shall be promoted, utilizing available public resources at the local, State, and Federal level as well as available private sector resources. Objective 1-3.3: Encourage Redevelopment and Renewal. The City shall maintain procedures in the LDC to limit the proliferation of urban sprawl and encourage redevelopment and revitalization of blighted and economically challenged areas. Policy 1-3.3.1: Community Redevelopment Area. The FLUM depicts the boundaries of the Community Redevelopment Area (CRA). The City shall continue to promote vitality and redevelopment of the five conceptual districts: Park District, Sebastian Boulevard Mixed Use District, U.S.-1 Commercial District, Riverfront District, and the Sebastian Boulevard South District as directed in the City of Sebastian Community Redevelopment Master Plan included in this Element's DIA. The City shall update the CRA Master Plan reflecting the principles and strategies contained within this Comprehensive Plan and apply those to the targeted redevelopment areas. Policy 1-3.3.2: Managing Development Within Mixed Use Districts. Consistent with Objectives 1- 1.3 and 1-1.5 and their respective policies the City's LDC shall maintain performance standards for the City's Mixed Use Districts to ensure that land development activities, resource conservation and infrastructure issues are managed in a manner that will consider the needs of all the citizens of Sebastian. Adopted June 23, 2021 91 IM PE 061 r1t"of C�F� to rE EXHIBIT G )RESOLUTION NO. R 02-16 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING AN EUPENDING CHANGE OF LAW FOR LAND DEVELOPMENT REGULATIONS IN THE EASTERN PORTION OF THE SEBASTIAN BOULEVARD CORRIDOR; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian commissioned the Treasure Coast Regional Planning Council to host a charette over the future development of the County Road 512 corridor through the City; and WHEREAS, the City of Sebastian received the Charette Report (the `Development Master Plan") dated November 3, 2000, and adopted it as the conceptual basis for the policies governing development in the CR 512 corridor within the City of Sebastian; and WAFRFAS, on November 28, 2001 the City of Sebastian began to implement these policies through adoption of Resolution RA 1 -83 - renaming the roadway "Sebastian Boulevard", with this re -christening taking .effect March 1, 2002; and WHEREAS, the Master Plan recommends various enhancements to the Sebastian Boulevard roadway, other public infrastructure improvement projects, as well as changes in the zoning laws and development standards for the corridor; and WHEREAS, on March 27, 2002 the City Council adopted Resolution R-02-15 submitting the first of these improvements to the Federal Enhancement Program administered through the Metropolitan Planning Organization; and WHEREAS, a key element of the Sebastian Boulevard Development Master Plan involves creation of a "new town center" area in the land located between the divided right-of- way for the corridor; and WHEREAS, at its January 23, 2002 meeting the City Council discussed pending changes to the laws governing Community Redevelopment Agencies that have subsequently passed and will take effect in the coming months; and WHEREAS, it was determined that Staff would review the City's redevelopment plans in light of these changes and fiuther advise Council; and WHEREAS, consideration is being given to implementing the redevelopment provisions of the New Town Center concept of the Sebastian Boulevard Development Master Plan by utilizing the Community Redevelopment Agency provisions of law, and it would be advantageous to do so before the recent amendments take effect; and WHEREAS, the New Town Center concept requires an integrated redevelopment plan; the concept will lose its integrity if some parcels within the area develop outside of the regulations being proposed, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CTTy OF SEBASTIAN, as follows: Section I. ]MPENDING CHANGE OF LAW. The City Council of the City of Sebastian does hereby declare an Impending Change of Law for development regulations governing the area described in the attached Exhibit "A". Section 2. PREPARATION OF MORATORIUM. The City Council of the City of Sebastian does hereby direct the City Attorney to prepare an ordinance imposing a moratorium on substantive redevelopment within the area described in Exhibit "A". Section 3. PREPARATION OF IMPPLEM 24TI LTG REGULATIONS. The City Council of the City of Sebastian does hereby direct the City Attorney and City Manager to formulate, prepare and process such ordinances, resolutions and amendments to the Comprehensive Growth Management .Plan and the City Code as are needed to implement the New Town Center concept of the Sebastian Boulevard Development Master Plan. Section 4. are hereby repealed_ Section S. its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately upon The foregoing Resolution -was moved for adoption by Councilmember Coniglio _ The motion was seconded by Councilmember Hill vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor James 10 Councilmember Joe Barczyk Coundlmember Edward J. W cher, Jr. Coundimember Ray Coniglio and, upon being put into a absent aye nay aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 1 O'k day of Apra, 2002. :o..M 9 a y A o, CMC City Cl Approved as to form and legality for reliance by the City of Sebastian only: 'If '`lF Rich Stringer, City Atto ey CITY OF SEBASTIAN, FLORIDA 57 James Hill for Mayor Walter Barnes G EXHIBIT H ORDINANCE NO.O-05-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXI TO CREATE DIVISION C, SEBASTIAN BOULEVARD TRIANGLE OVERLAY DISTRICT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City adopted a Community Redevelopment Plan that provides for a special plan for the Sebastian Boulevard Triangle area; and WHEREAS, full implementation of the plan will require new zoning categories that can only be instituted through an amendment of the Comprehensive Plan, which can only be done under certain time restrictions; and WHEREAS, the City desires to provide a protective zoning overlay to the area until the amendments to the Comprehensive Plan can be processed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That Chapter 54, Article )M of the City Code, City of Sebastian, Florida, LAND DEVELOPMENT CODE. Performance Overlay Districts is hereby amended to create Division C. SEBAS77ANBOULEVARD TRIANGLE OVERLAY DISTRICT REGULA77ONS consisting of Sections 54-4-21.C.1 through 544- 21.C.4, to read as follows: DIVISION C. SEBASTIAN BOULEVARD TRIANGLE OVERLAY DISTRICT REGULATIONS Sec. 54-4-21.C.1. Intent. The Sebastian Boulevard Triangle is envisioned as a mixed -use district that will extend the town center outward from its traditional riverfront district into the more recently developed business district along Sebastian Boulevard/County Road 512. As a gateway into the City of Sebastian riverfront district, the triangle area will have an attractive, well maintained, orderly and uncluttered appearance which will be characterized by impressive vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances; and a safe transportation system that accommodates mass transit, pedestrians, bicycles, and other transportation alternatives, as well as automobiles. H Sec. 54-4-21.C.2. Boundaries of the Sebastian Boulevard Triangle Overlay District. The boundaries of the Sebastian Boulevard Triangle Overlay District shall include all the properties included in the Sebastian Community Redevelopment District lying north of the eastbound roadway of the divided right-of-way of the twin pairs of Sebastian Boulevard, and west of the CSX Railway right-of-way. Sec. 54-4-21.C.3. Adoption of Performance Standards. The performance and nonconformity standards set forth for the R.iverfront Overlay District in Sections 54-4-21.A.3. through 54-4-21.A.9. shall apply to properties within the Sebastian Boulevard Triangle Overlay District. Sec. 54-4-21.CA. Use restrictions. Notwithstanding the provisions 544-21.1, the permitted and conditional uses within the various zoning districts of this Code shall be modified for the Sebastian Boulevard Triangle Overlay District to list as follows: CG Zone Permitted Uses: Cultural or civic facilities Churches Clubs and lodges, public and private Business and professional offices, excluding drive -through facilities Medical services Commercial retail < 20,000 sq. ft. Plant nurseries Restaurants, excluding drive -through facilities Trade and skilled services Hotels and motels Administrative services, public and private Accessory uses to permitted uses Home occupations All uses permitted within the RM-8 Zoning District Conditional Uses: Bars and lounges Commercial retail ? 20,000 sq. ft. Business and professional offices with drive -through facilities Farmer's markets Funeral Homes Nursing Homes Child Care Services Utilities, public and private Parks and recreation, public Protective and emergency services, public Restaurants with drive -through facilities Veterinary services Wholesale trades and services Commercial amusements, enclosed H Accessory uses to conditional uses Vehicular Sales indoors Gasoline sales as part of retail operation Parking garages PS Zone f No chances 1 IN Zone Permitted Uses: Business and professional offices, with or without drive -through facilities Commercial retail < 5,000 sq. ft. Commercial amusements, enclosed Plant nurseries Restaurants with or without drive -through facilities Trades and skilled services Wholesale trades and services Veterinary services Clubs and lodges, public and private Administrative services, public and private Accessory watchman facilities Medical services Accessory uses to permitted uses Conditional Uses: Commercial retail with > 5,000 sq. & Hotels and Motels Protective and emergency services, public Parks and recreation, public Parking garages Utilities, public and private Commercial amusements, unenclosed Flea markets Electronics, research & development, and similar uses <_ 5,000 sq. ft. Vehicular Sales Enclosed All uses permitted within the RM-8 Zoning District Accessory Uses to conditional uses Section 2. All code provisions in conflict herewith are repealed. Section 3. In the event a court of competent jurisdiction determines that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, causing the same to remain in full force and effect. Section 4. This Ordinance shall be effective upon passage. I The foregoing Ordinance was moved for adoption by Councilmember Monier . The motion was seconded by Councilmember B u r k e e n and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum a y e Vice -Mayor Brian Burkeen a y e Councilmember Lisanne Monier aye Councilmember Andrea Coy a y e Councilmember Sal Neglia absent The Mayor thereupon declared this Ordinance duly passed and adopted this 2 2 n c1iay of June, 2005. ATTEST: sally A. io, MMC City Cl CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: t-� Rich Stringer, C Atto e EXHIBIT I DULTMEIER SALES BLOG, Published 12/20/17, by Jeff Hansen — HOW TO START A CAR WASH Everything You Need to Know About Starting a Car Wash Revenue Projections Our experience tells us that it takes a population of about 1000-1500 people to support a single self - serve bay car wash. Therefore, one can conclude that a town of 5000 people will support a total of 5 self -serve bays — between ALL competitors. Given the current population level of the United States, the national average one can project roughly $2000/bay per month during peak traffic season(s). This is an estimated average — revenue can and will vary. The ideal number of vacuums to have is 1.5 vacuums per bay of service. Therefore, a three bay wash should have four to five vacuums in an area of the lot that will not affect traffic flow. The national average per vacuum is approximately $200/vacuum per month. Again, revenue can and will vary. SONNY'S - THE CARWASH FACTORY, Published 7/13/17, by Anthony Analetto — 10 MISTAKES PEOPLE MAKE WHEN THEY START A CAR WASH BUSINESS 10 Mistakes People Make When They Start a Car Wash Business #2 - I'll steal an existing wash's business For many new investors not familiar with the concept of a "single use property," this misconception makes intuitive sense. It's a scary proposition to combine intuition and research to select the perfect piece of land in an underserved market. For many new investors, building across the street from a busy wash with a plan to steal their business by offering a better customer value seems like a safer bet. There's no denying that this logic has advanced every technology from cell phones to social media. So why doesn't it work for car washing? Because car washes are "single use properties." That means that once a property has a car wash built on it, it can only be a car wash. If you build across the street from another wash and are successful putting it out of business, the bank takes over the other property when it fails. They will then try to get rid of it fast, more often than not to an experienced operator well below market value. Now you have a competitor across the street with a lower debt service that can retrofit the wash and reopen at a lower price to steal market share. Believing you'll build across the street from a busy wash and steal their business is a tragic misconception that rarely turns out well. About the author Anthony Analetto — President Joining the company in 2000, Anthony Analetto serves as the President of SONNY'S CarWash Equipment Division. In this role, Anthony leads the innovation of new products to drive client success, and oversees all operations, engineering, and supply chain management. Washing cars for over 30 years, Anthony was the director of operations for a 74 location national car wash chain prior to joining the company. NEW HORIZONS CAR WASH —AUTOMATIC CAR WASH STRUCTURES, From 2022 website —HOW TO CHOOSE A CAR WASH LOCATION Competition Finally, along with all the considerations that go into choosing a location, don't forget to consider the level of competition you will face. Consider, for example, that as a rule of thumb, an urban and suburban area with a population of 20,000 or so can comfortably support an eight -bay self -serve car wash. Your assessment, of course, can be loosened somewhat if you are building in a rapidly growing area. Consider whether the population will grow fast enough to keep your cash flowing on a consistent basis. CARWASH.COM BY CAR WASH ADVISORY, Published 4/1/16, by Harvey M Miller — SITE SELECTION: CRITICAL IN BUILDING A CARWASH NEARBY COMPETITION Competing carwashes in a three-mile radius must be seriously considered. Visit local washes that are not service stations or self -serve washes. If your plan is to build an express exterior wash, can existing full -serves have the possibility of converting to an express or flex -serve? Are there already express locations within the marketing area? Remember, whatever the population is in a three-mile radius, divide that into how many tunnel washes, including your potential site, are in the area. For example, if the population is 100,000 and you will be the third tunnel wash in the area, that reduces the population to approximately 35,000 for each location. In my opinion, there is too much competition for the population in this example. Harvey M. Miller is the owner of Car Wash Consultants. He travels nationally to perform site selection services as well as to analyze existing facilities. Miller has owned and operated 32 carwashes and detailing centers. He has been performing consulting services for the past 33 years. His carwashes have been recognized eight times as No. 1 Carwashes. He is the past president of the Western Carwash Association (WCA) and the International Carwash Association (ICA). Miller can be reached at carwashconslt@aoLcom or 949-230-3623. EXHIBIT J • ' el �. r _ _,. ail Reducing carwash noise How to lower the noise output from your carwash. By MUMAUM& on August 27, 2018 Meagan Kusek Is the senior editor of Professional Canvashing & Detailing. As evidenced by recent reporting in Professional Carwashing & Detailing, more and more, owners and operators are facing obstacles from munidpalities and residents about noise pollution — often before a carwash even exists. Those planning to build carwashes around residential areas are especially prone to sitting through city council hearings where concerned citizens voice their fears about noise disruption, and these hearings can draw out an already beleaguered permit application and approval process. On the flip side, there are established carwashes that suddenly find themselves face-to-face with city noise ordinance officials because a neighbor has complained. These carwashes then have to undergo sound testing on -site, and if they don't pass the tests, the consequences could range from mandatory, new equipment purchases to amending the carwashes' policy and compliance (P&C) governance. Residents are quick to offer suggestions about how to mitigate noise — from reducing hours of operation to replacing dryer equipment with hand -drying — but they often don't take into account a wash's profit margin. With these scenarios in mind, this article looks into why noise reduction is so important for carwashes as well as ways to implement it. 115 oCCl=tional Health and Safety Administration (OSHA] reggj permit only noise exposure levels up to 85 decibels for an eight -hour workday, and carwashes that surpass those noise levels are subject to fines. However, the reality is that local noise ordinances are often far stricter, and you're more likely to be cited by a municipal official for disturbing the neighbors. "We, in the industry, have been getting a lot of pushback from neighborhood groups, from residents, from adjacent businesses, etc.,- says Chris McKenna of McKenna Assets LLC (www canosh-consultant.coml. `It's gone so far now where there's actually some [carwashes] that are being required to test once a year or once every two years with an actual [decibel] meter and the whole deal. It's cumbersome." of course, depending on where your carwash is situated — in an urban, suburban or rural area — you may experience less pushback than others. According to Stuart Levy, president of Clean Car Consulting, "Cities already have a great deal of noise generated by traffic in the area. Chances are that any noise coming from the carwash will be absorbed by street noise and not be too much of a problem, if at all — particularly if the carwash's exit is set back from the street." Suburban areas, on the other hand, could have zoning regulations regarding noise pollution, Levy notes. As such, those building a new carwash may have to pacify residential complaints with plans for noise reduction before their permits are even approved. However, rural areas should not be a concern, Levy states. Art Stephens, president of International Drying Corp. (www lnternationaldrving.coml, notes that, within a city, industrial areas will tend to be more tolerant of noise than residential ones, but he adds, "It is my opinion and observation we will see more and more regulation with regards to noise." Balancing your right as a business owner to run your carwash optimally and your neighbors' rights to some peace and quiet is a tough act. Still, even if you're willing to take your chances with the neighbors, you should not be taking chances with your employees and customers. As Stephens explains, "Safety for employees and comfort for customers has become an issue that is not ignored like it once was. [Speaking] as a 37-year veteran of this industry, hearing loss is something that we are much more aware of. Noise truly is a danger, both to your health and to the quality of life. A little bit of planning can save you a lot of headaches and money in the long run." As such, the consensus among industry experts is to be proactive in reducing noise levels from your property. After all, if you do end up being cited, you will have to take many of the following measures anyway. The main culprits "Too much noise, particularly coming from air dryers or vacuums, can be a major irritant to area homeowners by interrupting their quiet neighborhoods," Levy notes. Blowers and vacuums are both essential to your carwash business, but they are also the biggest noise -makers. So, what can you do? 215 now that are engineered for sound control. Some are manufactured without any sound containment around them and will meet or exceed national or international sound requirements, he adds. y• i . - I.T-Y, 7T.;. , 1 i , However, in the case of existing carwashes, Stephens explains, All washes can retrofit for some form of sound reduction or containment. It can be as simple as a change of equipment, which can be accomplished in a few hours, or construction of sound rooms, which can take weeks." McKenna also recommends using variable frequency drives (VFDs) with your blowers to help reduce noise, since they regulate the power going into the blower. With less power, there will be less motor drive, less air intake and, consequently, less noise. While Stephens says that you can also encase a drying system in its own room, he claims the most effective solution is simply to buy an engineered quiet drying system. As far as a central vacuum system is concerned, McKenna says that the best way to reduce vacuum noise is to seal off the vacuum room and put soundproofing inside the walls, like one would in a music studio. Once you've sealed off the vacuum room, the only noise you'll hear from the vacuums while outside is the suction of air through the hoses, and even that is reduced when the hoses are in their holsters. Finally, McKenna and Stephens both agree that hydraulic power packs are another heavy noise -maker at a carwash. As such, McKenna recommends using electric motors instead — and as an added bonus, you won't have to deal with using oil. Creative solutions McKenna has firsthand experience dealing with noise complaints. Two of his carwashes have been cited with noise violations in the past, and one even got dragged into state court because of it. As a result, he had to do a sound test and comply with open- versus closed - window variables as well as summer versus winter variables. Having gone through the sound -testing rigmarole, McKenna enacted every out -of -the -box solution he could think of to make sure his carwashes passed their noise tests — and he eventually succeeded. For example, in addition to purchasing quiet dryer systems and isolating and soundproofing his vacuum motor, McKenna also coated his tunnel with a stucco -like wall shielding that is commonly used on highways and roller coaster tunnels. "You'll be able to pick up three- or four- or five -decibel noise reductions by coating your walls around where the blower is, if not the whole tunnel. That's a $30,000 to $50,000 investment, depending on how much you use," he explains. Stephens adds that having doors operate between washes is another option for lessening noise. Another common noise -cancelling solution that carwashes use is landscaping. According to the article `Landscape noise reduction" by Maureen Gilmer on wwwdandcom, there are four ways in which you can help cancel out noise 315 • Sound absorption • Sound refraction • Sound deflection and reflection • White noise. Sound absorption and sound refraction both involve using plants. According to Gilmer, all parts of a plant, from bark to leaves, will absorb sound. Therefore, planting rows of hedges or thin evergreen trees can help prevent sound from leaving your property. However, when choosing plants, make sure to choose something that will close gaps and grow close to the ground, since sound will escape through areas where the plants do not grow. One commonly used hedge is a boxwood. Sound refraction refers to how noise is dissipated when it strikes a rough plane, Gilmer notes. As carwash exteriors become sleeker with more modern designs, they may actually exacerbate noise. As such, coating walls or the ground in flora will help a carwash lot reduce the din. Sound deflection and reflection involves installing a wall around the property to reflect the sound back at the site or deflect it in different directions, Gilmer writes. The denser the material (such as masonry versus wood), the more sound will be reflected; the more flexible the material (such as fiberglass or corrugated metal), the more it will be deflected. You can combine greenery with a wall to help absorb, deflect and refract noise. The final option, Gilmer notes, involves a different strategy from the above three: creating a pleasant white noise to mask the undesirable clamor. For instance, water features that make loud splashes are a typical example of white noise, but plants — such as pine trees — that rustle loudly in the wind can also be used. A small water feature may prove practical for your waiting area, if you have one, to distract guests from any noise on the property. Being proactive When looking to build a new carwash, site selection and design are critical for multiple reasons. Your design process should consider the area in which the lot is located and be optimized to best fit in with what already exists around it. Of course, this extends to traffic flow and curb appeal, but be sure to take noise into your site design considerations as well. "Understanding the demographics the carwash is being built in is an important part of winning over the community and creating goodwill even before attending any zoning board approval meetings," Levy concludes. "Many locals think of carwashes as creating noise and traffic problems. Of course, this is not true, but getting to know your neighbors prior to any zoning town hall meeting could go a long way. When attending the zoning meeting, be prepared to illustrate why there will not be any offending noise. Be prepared to illustrate the overall noise decibel level to pacify anyone with concerns." In this article: dryers vacuums 10 COMMENT 4/5 MY OF SEBASTI HOME OF PELICAN ISLAND Special Use Procedures As detailed in Section 54-2-3.1 of the Land Development Code, a special use is a use which is not specifically provided for in the zoning regulations. The Planning and Zoning Commission and City Council may permit such uses in such zoning districts or classifications as special uses only if the applicant meets specific provisions and conditions deemed appropriate. 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, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable laws or regulations, and shall satisfy the findings of fact outlined in Section 54-2-3.1(a)(3) of the Land Development Code. Procedurally, staff has reviewed the application to determine its recommendation. The Planning and Zoning Commission shall hold a public hearing and shall indicate whether, in their opinion, the proposed special use meets the required findings of facts (Section 54-2-3.1(a)(3) noted above) and review criteria established in Section 54-2-6.2(d). The Planning and Zoning Commission shall then make a recommendation to City Council to approve, approve with conditions, or deny the application for the special use. The City Council shall then hold a public hearing, review the findings of facts and review criteria, and by resolution approve or deny the application. Community Development Department Special Use — Staff Report 1. Project Name: Take 5 Express Car Wash 2. Requested Action: Approval of a Special Use Permit application to allow development of a commercial Car Wash facility which includes a 4,276 SF automated carwash tunnel building, three (3) queuing lanes and pay kiosks, eighteen (18) canopied vacuum stations, and ten (10) parking spaces in addition to required stormwater, utilities, and landscaping to be located at the requested site. 3. 3. Project Location: a. Address: 1979 US Highway 1 b. Legal: That portion of Lot 27, lying West of U.S. Highway No. 1, of the Plat of Wauregan Subdivision, as more specifically described by metes and bounds on the survey performed by Southeastern Surveying & Mapping Corporation 4. 5. 6. C. Parcel #: 30-38-21-00001-0000-00026.2 Applicant: Driven Brands c/o Rebecca McAllister 440 S. Church Street, Suite 700 Charlotte, North Carolina 28202 Rebecca.McAllister@drivenbrands.com (281)660-9583 Property Owner: Project Description: Roc & Ax Holdings, LLC Lisa D'Amico, Representative 3860 Windmill Lake Road Weston, Florida 33332 lisardamico@aol.com (954) 592-4699 a. Narrative of proposed action: Application has been made for approval of a special use permit to allow a 4,276 SF carwash facility on improved property located on U.S. Highway #1 within the Riverfront Overlay District. The proposed site is the location of the empty World Savings Bank, which is adjacent and south of the Wal-Mart Super Center, and north of the IRC Satellite office building. The existing bank would be demolished if a car wash facility is developed. If the special use permit is approved, a final, detailed site plan application would then follow. The current request is for approval of the carwash use only. b. Current Zoning and Land Use: C. d. Land Use: Riverfront Mixed Use (RMU) Zoning: Commercial Riverfront (CR) Adjacent Properties: Zoning Current Land Use Future Land Use North CR Retail RMU East PS Cemetery INS South CR Offices & Retail RMU West CR Stormwater & FEC RR RMU Site Characteristics: (1) Project Area: Total Area 1.16 acres 2 (2) Current Land Use: Empty building (3) (4) 7. Staff Comments: Water Service: Sanitary Sewer Service: Indian River County Utilities Indian River County Utilities Earlier last year, staff was approached by Rogue Architects, Inc., representing Driven Brands/Take 5 Express Car Wash, regarding re -development of an empty bank site located at 1979 US Highway #1 for an automated carwash facility. Because the LDC does not have specific regulations regarding carwash uses, approval of a special use permit is needed before development of the site could be applied for. During a Pre -Application zoom meeting held on September 20, 2022 with Rogue Architects and Pennoni Associates (project engineers), staff confirmed that car washes were not considered a Vehicle Service and Maintenance use, which are allowed as Conditional uses in the Commercial Riverfront (CR) zoning District. Staff also disclosed that important issues that would need to be considered and should be addressed in their application submittal were the close proximity to existing car washes, the amount of existing car washes already in operation, and compliance with the Riverfront Overlay District's architectural regulations. The special use permit application was received on December 6, 2022, and included a narrative and justification memorandum, proposed architectural elevation renderings, a survey, and a conceptual site plan (EXHIBIT Al thru A5). No other sunportine documents. includin.e a market analt:sis or noise analysis. were submitted with the application. Staff has reviewed the submitted information and offers the following for consideration: • Proximity to Existing Car Wash Facilities & Market Analysis Currently, there are three (3) fully operational commercial car wash facilities located within the city limits. The distance from the proposed location of the Take 5 Express Car Wash to these existing car wash sites would be: a. 1,088f Lineal Feet from 13020 US Highway #1, or .2 miles b. 8,887t LF from 509 US Highway #1, or 1.6 miles c. 18,310± LF from 921 Sebastian Boulevard, or 3.5 miles Two additional proposed car wash facilities have submitted applications, one in Sebastian city limits, and one across the street within Indian River County's jurisdiction. The distance of the proposed Take 5 Car Wash to these sites would be: d. 602f LF from 12950 US Highway #1, or .11 miles e. 10,062f LF from 200/203 Sebastian Blvd., or 1.8 miles The car wash application for 12950 US Highway #1 is being processed by the county on property zoned Commercial Limited where car washes are a permitted use. A site plan application for a Dirty Dogs Car Wash is currently under review by county planning staff (EXHIBIT B). If the car wash use is approved for the Take 5 Express site at 1979 US Highway #1, there would be three car wash facilities within 1100 LF of each other. (EXHIBIT C) Sebastian's current population is approx. 25,600. Industry standards indicate that one express carwash will service 20,000-25,000 residents. Other articles written by car wash experts state "Competing carwashes in a three-mile radius must be seriously considered." (EXHIBIT D) Take 5 Express Car Wash may suggest that the special use should be granted because they will be offering a better car washing experience. This may be beneficial to the residents, but should be outweighed by the possibly that one or more of the existing car washes may be forced out of business. This occurrence happens in the business community. However, what is not commonplace, is that these types of facilities are considered single -purpose buildings. In the event that one of the businesses decides to relocate or goes out of business, the building could potentially remain empty and become obsolete, especially if two carwashes are nearby each other. The structure would be difficult, or financially burdensome, to convert to a different, permitted use, i.e. an office, or restaurant. This concern is also discussed in Exhibit D. The avolicant did not submit am data or information that the Cill, o1'Sebastian could support 4, S. 6 or even 7 operational car washes. FOR CONSIDERATION: 1)Does the proximity of three car washes, with their numerous vacuum stations, and their sites adjacent or across the street from the large Walmart parking lot, affect this area of the US #1 corridor regarding the city's vision of Old Florida Fishing Village and downtown development? Or 2) Does the existing and proposed car wash competition for Sebastian's population pose a large enough risk that if approved, the Take 5 Car Wash, or Dirty Dogs, or the existing Purple Pelican Car Wash may go out of business, and the US #1 commercial corridor within the Community Redevelopment Area (CRA) could end up with an empty, or even two empty single -purpose buildings & sites becoming blighted and abandoned? And 3) Does the proximity of three car washes within 1100 SF of each other affect the welfare of each of the individual car washes, but specifically the existing car wash? • Site History The proposed location is the site of the empty World Savings Bank, which was approved and built in 1999. Because of the proximity of the property to Walmart's southern US #1 driveway (less than 35 feet), FDOT would not issue the bank its own driveway permit. As such, access had to be arranged from the Walmart site with Walmart dedicating an access easement in exchange for specific use restrictions of the bank property, liability guarantees, and other agreed upon provisions. The executed document stipulates that Walmart must approve any change of use to the bank site in order to continue access from their parking area. Staff requested that the car wash use be approved by Walmart in writing prior to scheduling a pre -application meeting. Walmart's approval was received on August 22, 2022. (EXHIBIT E) The conceptual site plan (Exhibit A3) was not reviewed in detail, as it is not the subject of the application. However, from a cursory review of the proposal, it appears that the existing onsite stormwater retention areas are not remaining, but new proposed areas are not shown on the plan. The lake to the west of the property is the stormwater pond for Walmart, and is not a master retention area for surrounding properties. 4 FOR CONSIDERATION: If the special use permit is approved, the Take 5 car wash site plan will need to provide onsite stormwater treatment areas on its own property, unless an arrangement and a drainage easement is agreed upon with Walmart, and capacity data and information is submitted and reviewed by SJRWMD. • Proposed Elevations & Conceptual Site Plan As discussed at the pre -application meeting, the proposed car wash facility would be located in the Riverfront Overlay District. The architectural design of the proposed building does not meet the requirements that have been established for the Riverfront District. Specifically, commercial prototype architecture such as flat roofs is prohibited, as shown in the applicant's proposed elevations (Exhibit A2). The intent of the Riverfront Overlay District was to encourage "Old Florida Fishing Village" architectural styles. • Noise The proposed location is not adjacent to any residential districts or uses, and noise levels, at this time, do not appear to be a concern. However, if the special use permit is approved, staff would suggest that industry standard recommended noise reduction measures be required for the tunnel and vacuum equipment. 8. Reouired findines of fact (Section 54-2-3.1ta){3): a. The approval of the application for a special use 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 based on criteria established in Article VI; Consideration of the information supplied by the applicant and discussed in staff s report should be used to determine if the location and operation of the proposed car wash facility will affect the wel are of the adjacent residents and surrounding business community. If the special use is approved, the Public health and saleri, matters will be addressed via a fully engineered site plan that must be submitted for review and approved by the Planning and Zoning Commission. Any conditions of approval for the special use required by City Council would need to be implemented into the site plan. The site plan review will include drainage, parking, traffic, and landscaping requirements. b. 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 car wash facility use, considered in general, is consistent with the intent of the commercial district, as demonstrated by the approval of the other existing car washes and their special use requests. All are located in commercial districts. However, it is the proposed location and its proximity to two other car wash facilities that must be considered to determine if this car wash facility is still 01 considered a compatible use within the district. Each special use request should be considered on its own merits. C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. The use is consistent with the Comprehensive Plan and the Code of Ordinances. 9. Conditions of anoroval (Section 54-2-3.1(a)(4): In approving an application for a special use under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. If the special use permit is recommended for approval by the Planning and Zoning Commission, staff suggests specific conditions of approval regarding the following matters are forwarded to City Council: a. Industry standard recommended noise reduction measures required for the car wash equipment b. The proposed architectural rendering for the car wash is revised to meet all of the design and color criteria of the Riverfront Overlay District requirements c. Any other applicable conditions as required by the PZ Commission and/or City Council 10. Planning and Zoninp, Commission findinus (Section 54-2-6.2(d): Any approval with or without conditions shall be rendered only after a finding by the Planning and Zoning Commission that the proposed use satisfies the following criteria: (1). Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. See discussion as stated in #8a above (2). Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. This must be determined by the Planning and Zoning Commission and City Council. (3). Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. The proposed site does not abut nor contiguous to residential properties 2 (4). Conforms to all applicable provisions of the district in which the use is to be located. If approved, site plan review will insure conformity to all applicable provisions of the Land Development Code, Commercial Riverfront Zoning District regulations, the Riverfront Overlay District, and include conditions that may be imposed by approval of a special use permit. (5). Satisfies specific criteria stipulated for the respective conditional use described in this article. There are no specific criteria stipulated in the Land Development Code for a car wash facility. If approval is granted, conditions suggested by staff have been provided. (6). Is consistent with the Code of Ordinances and Comprehensive Plan. The use is consistent with the Comprehensive Plan and the Code of Ordinances. 11. Recommendation: Staff advises the Planning and Zoning Commission to review the staff report, exhibits, application submittal materials, and detailed considerations, and hold a quasi-judicial public hearing. Per LDC Section 54-2-3.1(a)(2)d, the PZ Commission shall indicate whether, in their opinion, the proposed special use meets the above required Finding of Facts. The PZ Commission shall then make a recommendation to City Council to: • Approve the Special Use Permit request • Approve the request with conditions • Deny the request A&P- / A -mu 1J er..-- Community evelopment Department 7 EXHIBIT Narrative and Justification TO: City of Sebastian Planning and Zoning FROM: Jason Sheridan, PE DATE: November 22, 2022 SUBJECT: Take 5 Car Wash Sebastian Driven Brands is proposing to construct a car wash facility at 1979 US Highway 1 Sebastian, Florida. The proposed development area is 50,703 square feet (1.16 acres) and is bound by US Highway 1 to the east, Walmart parking lot to the north, a stormwater pond to the west, and a strip mall to the south. The proposed development will consist of a 4,276 square foot car wash, vacuum bays, parking lot, and supporting utility infrastructure, including stormwater management. The proposed site will utilize the existing driveway to the west. The current zoning and future land use for the site is community riverfront. The conditional uses listed includes Vehicular Service and Maintenance. The proposed Take 5 Car wash was designed to comply with the comprehensive plan and bulk density standards listed in Sec. 54-2-5.4 of the City of Sebastian Land Development Code. Stormwater management will be designed to provide water quality and attenuation. The proposed Take 5 Car Wash will produce 78 weekday trips, while the trips generated by the current drive in bank will produce 391 weekday trips. Pen on- DRVBR22028—Take 5 Car Wash Sebastian CROF A5 i HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET v SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 s www.cityofsebastion.org 1-1 Accessory Structure Reviewed by P\Z I_, Conditional Use Permit (Commercial) L 1 Administrative Variance (Fence or Septic System) C Conditional Use Permit (Model Homes) ❑ Easement (Abandonment) L Board of Adjustment (Appeal) X Special Use PermitlSpecial Exception L Board of Adjustment (variance) Project Name: Take 5 Car Wash Sebastian Total Site Area: 50,703 SF or 1.16 Acres Acres\SF Parcel 1D: 30382100001000000026.2 ' Address of site: 1979 US Highway 1 Sebastian, FL 32958 Proposed Use: Car Wash Land Use: Commercial Zoning:Commercial Riverfront (Cli) Applicant Name: Driven Brands POC: Rebecca McAllister Address: 440 South Church St, Suite 700 Charlotte, NC 28202 Telephone: (281) 660-9583 Email: Rebecca.McAllister@drivenbrands.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Roc & Ax Holdings LLC Address: 3860 Windmill Lake Rd Weston, FI 33332 Telephone: C15H _ 59a _ 4 b9 9 Email: L I S6r Clam ► C- o d � Pt Di. • co ,v� Date Received:._ 1 a I & 1 IX Fee Paid: '! �i"00 -dV Received by.- 75 FORM D i Surveyor: James E. Mazurak, PSM A5 Address: 6500 All American Boulevard Orlando, FL 32810-4350 Telephone: (407) 292-8580 Email: info@southeasternsurveying.com ' Engineer: Jason Sheridan, PE Address:5755 Rio Vista Drive Clearwater, FL 33760 ITelephone: (727) 325-1257 Pre — Application Meeting Date: l 09/20/2022 DESCRIPTION OF PROPOSED PROJECT: Email: jheridan@pennoni.com Ground up construction of a Take 5 Car Wash with supporting parking, stormwater management, and utilities SIGNATURE OF APPLICANT 1 hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction construction or the performance of construction -I- � So` J �AM �{ C-) ,�G�_ _ 'r 1%/%/1)D'�a Print name Signature Date Notary: ,( STATE OF: COUNTY: _� V- I hereby certify that on 20_4 personally appeared f 0 1 Pt M 1- C (_1 who is personally known to me or has produced identification. Type ofAlffiti fication produced: &V on VC LL cr;- l,'J Ic [SEAL] �`�`, N TORo`s� ' 2 Notary Public My Can,,. E,4ti"s My Commission Expires: � G No MW 16oll CIO, OF ���� FORM D COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET v SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cl Pofsebcsflan. APPLICATION FEES: $100 Accessory Structure Reviewed by Planning & Zoning $100 Administrative Variance (Fence or Septic System) $200 Board of Adjustment (Appeal) $200 Board of Adjustment (variance) $250 Conditional Use Permit (Model Home) $150 Model Home Renewal (annually) $250 Easement (Abandonment) $450 Conditional Use Permit $500 Special Use Permit/Special Exception "APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY** DOCUMENTS SUBMITTED FOR APPLICATION REVIEW (AS APPLICABLE): X Five (5) Sets of 24x36 plans ® Five (5) Boundary and Topographic Surveys ® Building Elevations and Floor Plans ® Warranty Deed for all owners and/or Notarized Letter of Authorization X Electronic Copy - Complete Submittal ® Applicable Jurisdictional Permits Additional documents may be required. View the applicable Land Development Code and Code of Ordinances for more information. • Accessory Structures: Sec. 54-2-7.5 • Administrative Variance — Fence: Sec. 54-2-7.7 • Administrative Variance — Septic System: Sec. 50-1. • Board of Adjustment— Appeal: Sec. 46-35 • Board of Adjustment —Variance: Sec. 4_.6-36 • Conditional Use Permit — Commercial & Model Homes: Sec. 54-2-6.4 • Special Use Permit/Special Exception: Sec. 54-2-3.1 ADDITIONAL FEES Should the review process be delayed by the applicant for longer than 6 months, re -submittal will be required consistent with current regulations and fees. A5 The applicant/owner shall have 1 year from the approval date to commence construction of all or any phase. If the site plan expires, the applicant/owner must re -apply for a new review with applicable fees. An � extension may be requested for additional fees. .., J", . • .... .�i 1_1—JAL .:. 11 L—*__ j"a .LAJANKIL.I C__ e�� -_il.. t J...� FORM D EXHIBIT B INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com October 06, 2022 RICK J PELLHUM P.E. ATWELL LLC 1800 PARKWAY PL SUITE 700 MARIETTA, GA 30067 RE: Project Name: DIRTY DOGS CAR WASH FKA CALIBER CAR WASH Project Number: 2003040050 Application Description: +/- 3,766 SQ. FT. TUNNEL CAR WASH WITH 16 VACUUM STALLS (CUSTOMER PAID) Application Number: 93404 Tax ID#: 30-38-21-00001-0000-00024.0 Site address/Location: 12950 US HIGHWAY 1 LOT 1 SEBASTIAN FL 32958 Dear Mr. Pellhum: Please find the following staff comments from the recently held formal pre -application conference on the above referenced proposal: (PL3) - PLANNING: CURRENT DEVELOPMENT 1. The plans provided do not show enough detail and does not provide any site data (except for parking numbers) for Planning Staff to provide detailed comments. The comments generated will be general comments. 2. Provide all required site data (setbacks, min. open space, max. building coverage, etc.) on the Site Plan with formal submittal. Be advised without a complete site data table it is difficult to provide feedback on the required zoning parameters (building coverage, open space, etc.). 3. The site is within the Roseland Corridor District which has specific design criteria for building colors, materials, design, site lighting, landscaping, signage, etc. Refer to section 911.21 of the County's Land Development Regulations (LDRs) for specific details. Colorized building elevations are required to determine compliance with corridor standards. This includes founding plantings, which are required. 4. Provide a location map showing the general location of the site depicted on a roadway map (scale shall be adequate to cover a region of the county). EXHIBIT D DULTMEIER SALES BLOG, Published 12/20/17, by Jeff Hansen — HOW TO START A CAR WASH Everything You Need to Know About Starting a Car Wash Revenue Projections Our experience tells us that it takes a population of about 1000-1500 people to support a single sell' - serve bay car wash. Therefore, one can conclude that a town of 5000 people will support a total of 5 self -serve bays -- between ALL competitors. Given the current population level of the United States, the national average one can project roughly $2000/bay per month during peak traffic season(s). This is an estimated average — revenue can and will vary. The ideal number of vacuums to have is 1.5 vacuums per bay of service. Therefore, a three bay wash should have four to five vacuums in an area of the lot that will not affect traffic flow. The national average per vacuum is approximately $200/vacuum per month. Again, revenue can and will vary. SONNY'S - THE CARWASH FACTORY, Published 7/13/17, by Anthony Analetto — 10 MISTAKES PEOPLE MAKE WHEN THEY START A CAR WASH BUSINESS 10 Mistakes People Make When They Start a Car Wash Business #2 - I'll steal an existing wash's business For many new investors not familiar with the concept of a "single use property," this misconception makes intuitive sense. It's a scary proposition to combine intuition and research to select the perfect piece of land in an underserved market. For many new investors, building across the street from a busy wash with a plan to steal their business by offering a better customer value seems like a safer bet. There's no denying that this logic has advanced every technology from cell phones to social media. So why doesn't it work for car washing? Because car washes are "single use properties." That means that once a property has a car wash built on it, it can only be a car wash. If you build across the street from another wash and are successful putting it out of business, the bank takes over the other property when it fails. They will then try to get rid of it fast, more often than not to an experienced operator well below market value. Now you have a competitor across the street with a lower debt service that can retrofit the wash and reopen at a lower price to steal market share. Believing you'll build across the street from a busy wash and steal their business is a tragic misconception that rarely turns out well. About the author Anthony Analetto — President Joining the company in 2000, Anthony Analetto serves as the President of SONNY'S CarWash Equipment Division. In this role, Anthony leads the innovation of new products to drive client success, and oversees all operations, engineering, and supply chain management. Washing cars for over 30 years, Anthony was the director of operations for a 74 location national car wash chain prior to joining the company. NEW HORIZONS CAR WASH — AUTOMATIC CAR WASH STRUCTURES, From 2022 website — HOW TO CHOOSE A CAR WASH LOCATION Competition Finally, along with all the considerations that go into choosing a location, don't forget to consider the level of competition you will face. Consider, for example, that as a rule of thumb, an urban and suburban area with a population of 20,000 or so can comfortably support an eight -bay self -serve car wash. Your assessment, of course, can be loosened somewhat if you are building in a rapidly growing area. Consider whether the population will grow fast enough to keep your cash flowing on a consistent basis. CARWASH.COM BY CAR WASH ADVISORY, Published 4/1/16, by Harvey M Miller —SITE SELECTION: CRITICAL IN BUILDING A CARWASH NEARBY COMPETITION Competing carwashes in a three-mile radius must be seriously considered. Visit local washes that are not service stations or self -serve washes. If your plan is to build an express exterior wash, can existing full -serves have the possibility of converting to an express or flex -serve? Are there already express locations within the marketing area? Remember, whatever the population is in a three-mile radius, divide that into how many tunnel washes, including your potential site, are in the area. For example, if the population is 100,000 and you will be the third tunnel wash in the area, that reduces the population to approximately 35,000 for each location. In my opinion, there is too much competition for the population in this example. Harvey M. Miller is the owner of Car Wash Consultants. He travels nationally to perform site selection services as well as to analyze existing facilities. Miller has owned and operated 32 carwashes and detailing centers. He has been performing consulting services for the past 33 years. His carwashes have been recognized eight times as No. I Carwashes. He is the past president of the Western Carwash Association (WCA) and the International Carwash Association (ICA). Miller can be reached at carwashconslt@aoLcom or 949-230-3623. EXHIBIT E Dorri Bosworth From: T5CWDEV_PMReview <t5cwdev_pmreview@drivenbrands.com> Sent: Tuesday, August 23, 2022 8:08 AM To: Rosa Morquecho; Jason Sheridan Subject: FW: <External> FW: Walmart Supercenter # 1068 - 2001 US Highway 1, Sebastian, Florida - Request for Consent Rosa/Jason, please see below and confirm with the city if this is sufficient. Thank you! Rebecca McAllister Car Wash & Co -Development Project Manager DrivenBrands NTOGETHER. we a-V From: Valeria Kozhich <Valeria.KozhichCeDdrivenbrands.com> Sent: Monday, August 22, 2022 10:17 AM To: T5CWDEV_PMReview <t5cwdev pmreview@drivenbrands.com> Cc: Delbert Renfroe <Delbert.Renfroe@drivenbrands.com>; Meredith Odom<Meredith.Odom@drivenbrands.com> Subject: FW: <External> FW: Walmart Supercenter # 1068 - 2001 US Highway 1, Sebastian, Florida - Request for Consent Rebecca, Is the below sufficient? Sincerely, Valeria Valeria Kozhich Senior Corporate Counsel - Real Estate O: (704) 533-3564 C: (646) 727-8777 Oandt From: Gina Meredith <Gina.Meredith@walmart.com> Sent: Monday, August 22, 2022 9:41 AM To: Greg D. Meadows <GDM@tennlaw.com> Cc: Valeria Kozhich<valeria.kozhich(mdrivenbrands.com> Subject: RE: Walmart Supercenter # 1068 - 2001 US Highway 1, Sebastian, Florida - Request for Consent 1 E Greg, Walmart has reviewed the Access Easement document recorded with the Clerk of court in Indian River County, Florida in the Official Records Book 1316 Page 2492, and in regards to the conditions and verbiage of the easement agreement, specifically section 1(b), are ok with a proposed car wash use on the subject property. Note that once your client has final plans, please send those to me so that we can run those through our CEC for final Walmart approval. Thanks, Gina Meredith, Senior Manager Walmart U.S. Real Estate Gina.Meredith@walmart.com 2608 SE J St. Bentonville, AR 72716-5510 Mailstop 5510 Save Money. live Better. GLG_-VoAJ of C"Ai - VICS-Cf Ailu. § 54-1-2.4 SEBASTIAN LAND DEVELOPMENT CODE drainage, water and wastewater facilities, and all required community facilities, and all other needed public improvements; and forward to the city council written recommendations on such matters; i. Consider, review and make recommendations concerning studies of city public land needs and recommend site acquisition for the same, including development plans and requisite facilities; j. Annually prepare, in conjunction with the city engineer, a list of the capital improvements recommended for construction during the next fiscal year and the four-year period following it, showing recommended order of priority thereof, the year recommended for beginning construction, the year recommended for com- pleting construction, and the estimated costs thereof, k. Carry out powers of site plan review as stipulated in article XVIII of the land development code; 1. Perform any other duties, which lawfully may be assigned to the commission. In performing functions set forth in section 54-1-2.4, the planning and zoning commission shall act only in an advisory capacity to the city council. When the planning and zoning commission reviews and recommends actions regarding a major site plan approval as defined in article XVIII, the decision of the planning and zoning commission shall be final, unless said decision is appealed to the city council within ten days of the decision, as provided for in the land development code. (e) Appropriation of funds. The city council shall appropriate funds necessary for expenses incurred by the planning and zoning commission in its performance of the above listed functions. The planning and zoning commission shall not have the power to contract with private or governmental persons or entities, or to commit or expend funds of the city. (f) Rules of procedure. The planning and zoning commission shall establish and adopt rules of procedure, which shall include, but not be limited to, election and duties of officers; meeting schedule, time, and place; establishing order of business and method of transaction; procedure for action and voting by members; conduct of public hearings; rules of conduct; parliamentary procedure; maintenance of records; and method of amending same. (1) Officers. From among its members the planning and zoning commission annually shall elect a chairperson and a vice chairperson at the first regular meeting of the commission held at the beginning of each calendar year. Whenever possible, the persons selected as the chairperson and vice chairperson of the commission shall have served two years as a regular member of the commission and shall have attended at least 90% of the meetings of the planning and zoning commission which such member was not otherwise excused from attending by the chairperson at such meetings of the commission. The planning and growth management director shall appoint a city employee to serve as secretary to the planning and zoning commission and take minutes of the meetings of the commission. LDC2:10 PLANNING $ ZONING COMMISSION 3-YEAR TERMS MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. MEMBER NAME AND ADDRESS Linda Kinchen 190 Delmar Street Sebastian, FL 32958 Itndadolfan0aol.com (172) 538-0253 Rick Carter 237 Main Street Sebastian, FL 32958 fbWssys0Canwast.net 918-4600 Stephen Lucier 425 Toledo Street Sebastian, FL 32958 stevelucO.tebud.com 925-2869 Bill Simmons 509 Drawdy Way Sebastian, FL 32958 Bsimmons4l�ti comcast.net (270)314-3554 APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST] Took Hughan's unexpired regular member position 2/9/2022 Reappointed 5/27/2020 Reappointed 3/22117 Took Cardinale's expired regular member position 4/27/11 Took Durr's unexpired alt member position 219111 Reappointed 3/26/14 Took Qizilbash's unexpired regular member position 3/9/2022 Appointed regular member 2/12/2020 Reappointed alternate member 11/20/19 Took Alvarez's expired alternate member position 12/14/16 CURRENT STATUS Term to expire 11/1/2023 Term to expire 4/1/2023 Term to expire 5/1/2023 Term to expire 2/1 /2023 Louise Kautenburg - Vice Chair Appointed regular member 6/9/2021 Term to expire 6/1/2024 973 Oswego Avenue Took Reyes regular member position Sebastian, FL 32958 Louisekltftiuno,com Appointed alternate member 2/12/2020 696-3716 Reappointed regular member 2/22/17 Took Durr's unexpired regular member position 10/14/15 Reappointed 1 /8/14 Took Hennessey's unexpired alternate member position 3/14/12 Sara Battles Took Roth's unexpired regular member Term to expire 5/1/2025 530 Cross Creek Circle position 3/9/2022 Sebastian, FL 32958 Sara.batttes0kimlewhom.Com (703) 843-1721 AI Alvarez - Chair Reappointed 11 /21 /22 Term to expire 11 /1 /2025 492 Quarry Lane Sebastian, FL 32958 Reappointed 11/20/19 alalvarezfaol.com 532-8767 Took Dodd's expired regular member position 12/14/16 Took McManus' unexpired alternate member position 11/19/14 Dennis Haddix - Alternate Term to expire 1/1/2023 105 Wood Stork Way Took Jordan's unexpired alternate Sebastian, FL 32958 member position 10/12/22 haddixdttamail.com (772)925-5698 Susan Lorusso - Alternate Took Jordan's alternate member position Term to expire 11/112025 113 Joy Haven Drive 11/21/2022 Sebastian, FL 32958 slorutMaoi.com (772) 321-2150 revised 11.22.2022 School Board Member: TBA 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in.