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HomeMy WebLinkAbout09-30-2009 BOA Agenda1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: 6. OLD BUSINESS: 7. NEW BUSINESS: 8. CHAIRMAN'S MATTERS: 9. MEMBERS' MATTERS: 10. STAFF MATTERS: 11. ADJOURN O1YOF HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 1225 MAIN STREET is SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 30, 2009 6:00 P.M. A. QUASI JUDICIAL PUBLIC HEARING: Meeting of July 29, 2009 ROBERT DENTON APPEAL OF THE ADMINISTRATIVE ZONING APPROVAL FOR THE CONSTRUCTION OF A MONUMENT SIGN LOCATED AT 25 AIRPORT DRIVE WEST REGARDING NONCOMPLIANCE WITH THE AIRPORT MASTER PLAN AND DEVELOPMENT GUIDELINES. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Dale Simchick arcs SL T i HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, JULY 29, 2009 5:30 P.M. 1. Mayor Gillmor called the Board of Adjustment Meeting to order at 5:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL: Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: Regular meeting 7 -22 -2009 MOTION by Mr. Hill and SECOND by Ms. Simchick to approve the July 22, 2009 minutes passed with a unanimous voice vote of 5 -0. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, IN REGARDS TO PROPERTY LOCATED AT 782 WAVE STREET, HAS REQUESTED A VARIANCE FROM A SCHOOL CONDITIONAL USE REQUIREMENT THAT ANY MAIN OR ACCESSORY BUILDING BE LOCATED AT LEAST 100 FEET FROM ANY PROPERTY LINE. PROPOSED SETBACKS ARE 10 FEET FROM THE NORTH (SIDE), 25 FEET FROM THE WEST (REAR) AND 50 FEET FROM THE SOUTH (SIDE) PROPERTY LINES. Board of Adjustment Meeting July 29, 2009 Page Two Mayor Gillmor opened the hearing at 5:31 p.m. and the City Attorney read the formal request by the Charter School. The following City Council Members disclosed ex -parte communication: Mr. Hill met with the applicant and visited the property Ms. Coy visited the property, had telephone conversation with Ms. Susan Boyd Ms. Simchick talked with Ms. Boyd Mr. Wolff met with the architect The City Attorney asked the Council Members if they could make a decision based on the record they were going to hear. All Members agreed that they could. The City Attorney asked the audience if anyone had a problem with the communications disclosed and there was no objection. The City Clerk swore in those who planned to give testimony. President John Rivera, Board of Directors, Sebastian Charter Junior High introduced himself, Principal Dr. McAdams of the school, other board members, and teachers. He said the school is an "A" school, ten years old, and they were seeking a variance on their setbacks to make improvements to the school. Amy Banov, Architect, Banov Architects, introduced Architect and General Contractor Robert Banov, and MVB Engineer Todd Howder. Ms. Banov described the current school's site, stated the code does not indicate why a 100 foot setback is needed, no other schools are subject to this requirement, and the parcel is too small to accommodate the requirement. She displayed aerials of the school and pointed out the setbacks (also found in the agenda packet). She said they based their request on public service zoning district setback requirements. She went over the details outlined in her attachment to the variance application and noted the adjacent north, west and east property owner has submitted a letter of support for the variance. Mayor Gillmor noted there weren't any exit notations from the building. Ms. Banov explained they haven't gotten to the building design yet but would adhere to all code requirements. The Growth Management Director noted for the record they did receive a letter and an e-mail from Mr. Mrs. Gibbs objecting to the project and a letter of support from Dr. Fischer. Mayor Gillmor described that he attended a school concurrency meeting for elected officials earlier in the day and for a new public sector junior high school 40 acres is required, exits are shown, and the whole school is fenced. 2 Board of Adjustment Meeting July 29, 2009 Page Three The Growth Management Director responded that the applicant wanted to proceed with the conditional use questions before the site design was entered into and they have proposed some opaque landscaping on the school's sides. Mayor Gillmor pointed out with a 10 foot setback; kids are off campus in a snap. Ms. Banov said the development design to follow will be much more intensive and if the fire code requires an exit there would be panic hardware with an alarm and they would adhere to all logical and required measures. Mr. Wolff asked when the project would start and how many students this would accommodate. Ms. Banov said they would start with design as soon as possible and the number of students is set. Mr. Hill noted there is a nearby establishment that sells alcohol and beer and asked if the expansion would move the school closer to the establishment. The Growth Management Director said it is measured to the property line which isn't changing but could affect what is developed on the vacant land in the future. Mayor Gillmor called for speakers in favor of the request and almost all of the audience stood. Damien Gilliams, 1623 US Highway 1, asked the Mayor to keep in mind there were other variances before the Board and all request for variances should be treated the same. Ms. Simchick disagreed, stating variances should be considered on a case by case basis. There were no speakers opposing the request. MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve the variance requested by Sebastian Charter Junior High School. Ms. Coy said she was happy to support this project as the current school only adequately meets the needs of the school. Result of the roll call: Ayes: All Nays: None Passed 5 -0 B. QUASI- JUDICIAL PUBLIC HEARING: DR. HADI SHALHOUB, IN REGARDS TO PROPERTY LOCATED AT 13100 U.S. 1, HAS REQUESTED A VARIANCE TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 30 FEET FROM THE REAR PROPERTY LINE WHEN ABUTTING A RESIDENTIAL DISTRICT OR USE. 3 Board of Adjustment Meeting July 29, 2009 Page Four The City Attorney read the formal title of Dr. Shalhoub's request. There was no ex -parte communication to disclose. The City Clerk swore in those who planned to give testimony. The Mayor opened the hearing at 6:00 p.m. Rick Lefebure, Capp Custom Builders said he was available on behalf of Project Contractor Mickey Capp for any questions. The Growth Management Director explained they are asking for a 15 foot setback variance which is closest to the rear property line noting the lot is an irregular shape. She displayed the building footprint on the overhead projector. She said the previous zoning designation was RMH which would have provided for 20 foot required setback; there are unique conditions on the property; and staff recommended approval. She also pointed out the applicant is one of the sector industries targeted in the City's economic development plan. Mr. Wolff asked why the staff report mentions Sebastian River Medical is partnering with the construction of this facility. The Growth Management Director replied it is part of the medical sector industry. Dr. Shalhoub said it is being partnered to create a wound facility to relieve the hospital and provide more service. He explained the safety of the patients in wheel chairs, stretchers going from one point to another depend on the shape of the building, and this was the most efficient way to handle the facility. Ms. Coy congratulated Dr. Shalhoub for getting this far with his building and practice. Damien Gilliams, 1623 U.S. Highway 1, said he was in front of the Board for something very similar citing requests are not considered on a case by case basis, but who you are and who comes to support. Mayor Gillmor asked him to stay on Dr. Shalhoub's case. Mr. Gilliams continued that staff recommended denial which was selective, prejudiced, and not right. Mayor Gillmor asked him again to stay on topic and reminded him that he said he was neither for or against the request. Mayor Gillmor asked him why he was at the podium. Mr. Gilliams responded that there wasn't a category for "neither" and he hoped the Board voted consistently. Ms. Simchick asked the City Attorney if variance cases are to be considered case by case and if they set precedent. The City Attorney said each one has to be considered by the code standards which remain the same but the standard to the application is the critical factor. Mr. Wolff asked what the applicant's hardship is. The City Attorney responded the applicant has an irregularly shaped property, unusual elevation, an unusual request to use the site, and unusual traffic pattern. 4 Board of Adjustment Meeting July 29, 2009 Page Five Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk Joe Scozzari, 1401 Thomhill Lane, supported this request to add to the tax structure. There was no one to speak against the request and Mayor Gillmor closed the hearing. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve the variance as requested by Dr. Hadi Shalhoub in regards to the property located at 13100 U.S.1. Mr. Hill said he knew Dr. Shalhoub had difficulties with his property in the past and hoped his future in the City will be very good. Result of the roll call: Ayes: All Nays: None Passed 5 -0 8. CHAIRMAN'S MATTERS: None 9. MEMBERS' MATTERS: None 10. STAFF MATTERS: None 11. Being no further business, Mayor Gillmor adjourned the meeting at 6:17 p.m. Approved at the Board of Adjustment meeting. 5 RICHARD GILLMOR, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN Published September 15, 2009 HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY, SEPTEMBER 30, 2009, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER AN APPEAL OF THE ADMINISTRATIVE ZONING APPROVAL FOR A SIGN PERMIT. ROBERT DENTON HAS APPEALED AN ADMINISTRATIVE ZONING APPROVAL FOR THE CONSTRUCTION OF A MONUMENT SIGN LOCATED AT 25 AIRPORT DRIVE WEST REGARDING NONCOMPLIANCE WITH THE AIRPORT MASTER PLAN AND DEVELOPMENT GUIDELINES. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. STAFF REPORT RECOMMENDATION TO: Members of the Sebastian Board of Adjustment (City Council) FROM: Al Minner, City Manager RE: ABOUT KAYAKS ADMINISTRATIVE APPEAL DATE: Friday, September 24, 2009 GENERAL INFORMATION The zoning classifications immediately surrounding the site are: LOCATION North South East West EVENT SMA Master Plan ZONING IN IN Al RS -1 (County) ABOUT STORAGE DEVELOPMENT CHRONOLOGY February 13, 2002 City Council On August 27, 2009, Robert Denton formally filed an appeal of an administrative determination pursuant to Sections 54- 1- 2.2(d) and 54 -1- 2.5(1) of the City's Land Development Code (LDC). The appellant requests that the Board of Adjustment overtum an administrative determination to permit the construction of a commercial sign for About Kayaks at 25 Airport Drive West. 25 Airport Drive West is an industrially (IN) zoned, 9.59 acre parcel. The industrial site is located on the corner of Roseland Road and Airport Drive West. The site plan was approved after public hearings at the Planning and Zoning Board meetings on June 15, 2005 and modified on August 22, 2008. It is currently used for kayak rental, U -Haul rental and general storage. This site is in conformity with the comprehensive plan, and built to standards specified in the LDC, to include issues such as setbacks, landscape, building height, stormwater retention, etc. CURRENT USE Vacant Vacant Airport Dale Wimbrow Park FUTURE LAND USE IN IN Al REC Concerning the Board of Adjustment hearing, a public notice was submitted to the Press Journal and ran on September 15, 2009. Letters were also sent to 13 abutting property owners and 37 residents that signed the petition in support of the appeal. In providing a staff report, a chronology, rebuttal testimony to the appellant's arguments and additional City testimony is given in order to justify the grounds for the administrative determination to permit additional signage. Prior to the appeal, the City outlined this information in a memorandum dated August 14, 2009 (attached). The following chronology of events is provided which outline the circumstances influencing the development of 25 Airport Drive West: DATE APPROVING AUTHORITY The Sebastian Municipal Airport (SMA) Master Plan was prepared by the LPA Group. This plan provides an overall guide for SMA development. It specifically contains the Airport Layout Plan (ALP). The ALP provides a comprehensive view of airside and non airside development. Original Philipson Lease The City of Sebastian and Steve Philipson enter into a lease agreement at 25 Airport Drive West. Philipson Site Plan Approval January 28, 2004 City Council June 16, 2005 Planning Zoning The Planning and Zoning Commission approves a site plan for the non airside leasehold. The site plan calls for the construction of a "Watch House landscaping materials bins and a storage facility. Philipson Site Plan July 27, 2005 City Council Appeal/Withdrawal Ms. Holly Dill, representing the appellant, filed a formal appeal to overturn the Planning and Zoning site plan approval. The site plan appeal was scheduled to be heard before City Council on July 27, 2005. However, after an agreement between Mr. Philipson and the appellant was reached, the appeal is withdrawn. The City Council approves the site plan. The motion was as follows, "...approve the appealed site as modified by the partial landscape plan submitted for the record as exhibit 'A' and the letter from the landscape architect listing the plants to be used with an administrative review by the City Manager to ensure a final site plan incorporating these elements." SMA Principal Guiding April 11, 2007 City Council Documents City Council approves the SMA Principal Guiding Documents. This document serves as a regulatory overlay providing specific development standards at SMA. The standards are specific to aviation leaseholds and other aviation operations, such as maintenance care and use of aviation facilities. Modified ALP About Storage Office C.O. About Storage Building C.O. August 22, 2007 City Council In order to promote a new development plan at the SMA, a modified ALP seeks to shift development from the northwest portion of the field to the southeast portion of the field. Theoretically, this plan aims to take advantage of the Main Street corridor and the new City investments (administrative building and hanger facility) to promote additional development. While Council has approved the ALP update, the FAA has not. The FAA will approve the new ALP update once the City and FWS settle conservation and scrub jay issues associated with the HCP -ITP. March 4, 2008 Building Department Building Department issues Certificate of Occupancy to About Storage "watchman's quarters May 1, 2008 Building Department Building Department issues Certificate of Occupancy to three About Storage buildings. Philipson Site Plan July 12, 2008 Planning and Zoning Modification Steve Philipson seeks to modify June 16, 2005 site plan by changing permitted uses as follows: 1. Watchman's quarters to "specialty retail 2. Add construction phases for storage units; 3. Add structure for washing vehicles /RV's (not yet built); 4. Use assigned storage building footprints as parking areas until such time construction occurs; and, 5. Remove landscape material bunkers. Public is notified. The Planning and Zoning Commission hears this case with public input. Planning and Zoning Commission approves modification. New Signage Ordinance In a response to business concems, City Council creates a new "A- frame" sign ordinance. The ordinance is approved in an effort to help promote advertising for local business and provide relief from more restrictive sign regulations. Economic Development Plan Council approves an economic development plan. Objective 5 of the plan encourages use of the SMA to promote economic development activities. About Kayaks Sign Permit Steve Philipson seeks to construct additional signage at 25 Airport Drive West to advertise About Kayaks, an approved modified use, at the SMA leasehold. City Manager works with Growth Management Department to approve request. About Kayaks Sign August 20, 2009 Building Department Inspection Building Department inspects signs for meeting construction code. Approves construction and closes permitting process. About Kayaks Sign Appeal Robert Denton files an appeal of the administrative determination to prohibit construction of About Kayaks sign. APPELLANT vs. CITY POSITIONS August 13, 2008 City Council March 11, 2009 City Council May 22, 2009 GMD Staff /City Manager August 27, 2009 Board of Adjustment to Hear The appellant essentially provides three arguments to overrule the administrative determination. These arguments are summarized as follows: LEASE BETWEEN THE CITY OF SEBASTIAN AND STEVE PHILIPSON Appellant argues that Section 1.6 of the lease states that the applicant can only have one sign at a specific size and height as exhibit depicts. The city argues that the exhibit in this case is illustrative and that the wording of section 1.6 states "sign" or "signs "The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law and the development standards." SMA GUIDING DOCUMENTS The appellant argues the About Kayaks sign violates three sections of the SMA Guiding Documents. These sections are: A. Development Guidelines Section 4.d.1.ii "Each Tenant shall have one (1) sign per leased property. B. Development Guidelines Section 4.d.1.iii "....Signs will not be permitted on Roseland Road." C. Development Guidelines Section 4.d.1.iv "Each property sign shall be eight (8) feet in length by four (4) feet in height, exclusive of the base as described in paragraph d(2)iv." The City contends that this section applies for specific airside (inside airport fence) development, not general development along Roseland Road. Further, Section 3.2.B states, "The City may further temporarily waive or reduce any of these minimum standards for non governmental Operators where the City, in its sole discretion, deems such waiver or reduction to be in the best interest or welfare of the Airport's operation." Under this section, discretion is afforded to the City to apply tactical application of the Guiding Documents. Therefore, the language in Section 4.d.1.ii, 4.d.1.iii and 4.d.1.iv is superseded by section 3.2.B. 50 FOOT BUFFER Appellant argues that construction of the additional signage removes /or encroaches on the fifty foot buffer. Appellant also provides documentation that a fifty foot buffer is required. The City contends that the exhibit provided by the appellant is a draft and not the final document. The SMA Master Plan adopted by the City on February 13, 2002 does not require a fifty foot landscape buffer. The buffer has remained intact. The City contends that the buffer argument is taken out of context. Keeping the buffer was a mutual agreement between Mr. Philipson and the Roseland residents during the original 2005 site plan appeal. ADDITIONAL CITY PROFFERS In making an administrative determination in support of additional signage, the City offers City Council these items: LAND DEVELOPMENT REGULATIONS SECTION 54- 3- 16.5.B(1) Being that the SMA Guidelines are more restrictive on signage than the LDC, the City ensured that, at a minimum, About Kayaks met City standards. Section 54- 3- 16.5.B(1) provides, generally, standards for commercial signs throughout the community, with respect to size and distance. The About Kayaks sign is in conformity with these specifications. ECONOMIC DEVELOPMENT PLAN OBJECTIVE 5 The Economic Development Plan, created after the Philipson site plan was reviewed and before the additional signage was requested, changed restrictive policies by promoting development at the SMA. Objective five states, "The City of Sebastian shall promote, develop and enhance the use of the Sebastian Municipal Airport." Under that charge the City Manager used that direction to support the application for additional signage. GROWTH MANAGEMENT DEPARTMENT The Growth Management Department continues to receive public scrutiny. Generally, the sentiment is that the technical bureaucratic application of code hurts the Sebastian economy. This theme has been discussed by Council and stated by business owners and residents alike. In a reaction to this situation, Council has loosened other regulations, such as the creation of the "A- Frame" sign ordinance. This is another example of legislative direction that effects application of code. ROSELAND CORRIDOR PLAN The IRC Roseland Corridor Plan is an overlay for the unincorporated area of Roseland Road that is not within Sebastian City limits. There is some uniformity between Indian River County's Roseland Corridor Plan and the City's sign regulations. On issues such as signs per development, height, material, sign context and staff review, the About Kayaks sign is in compliance with the County regulations. The only area where the sign is not in compliance with the Roseland Corridor Plan is the 200 feet spacing requirement between signs. The City argues that for industrial frontage, that is an excessive requirement; but, understands the adaptation in a rural, unincorporated setting. With the one exception, the City argues that the About Kayaks sign is in compliance with most of the jurisdictional regulations in the City /non -City region regarding signage; those being IRC Roseland Corridor Plan, Sebastian LDC and the SMA Guiding Documents. RECOMMENDATION Staff recommends that the Board of Adjustment deny the appeal to overturn the administrative determination. 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City Council FROM: Al Minner, City Manag RE: SIGN AT 25 AIRPO WEST DATE: Friday, August 14, 2009 The Office of the City Manager has received a complaint concerning an administrative determination to locate additional commercial signage at the Sebastian Municipal Airport (SMA). The location is About Kayaks, at 25 Airport Drive West, owned by Steve Phillipson. This location is a SMA leasehold. The purpose of this correspondence is to update and inform Council how this matter was administratively managed. I. THE ISSUE The complaint is that additional commercial signage advertising About Kayaks is not permitted and the City permitted said sign. The complainant argues that additional signage is not permitted per the following regulations: JANUARY 30, 2004 LEASE BETWEEN THE CITY OF SEBASTIAN AND STEVE PHILUPSON Section 1.6 of the lease states, "The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law and the development standards." The lease provides Exhibit "B" which proposes one sign for "About Storage SMA GUIDING DOCUMENTS The complainant argues the About Kayaks sign violates three sections of the SMA Guiding Documents. These sections are: A. Development Guidelines Section 4.d.1.ii "Each Tenant shall have one (1) sign per leased property. B. Development Guidelines Section 4.d.1.111 "....Signs will not be permitted on Roseland Road." C. Development Guidelines Section 4.d.1.iv "Each property sign shall be eight (8) feet in length by four (4) feet in height, exclusive of the base as described in paragraph d(2)iv." 0. THE ADMINISTRATIVE DETERMINATION FOR PERMITTING ADDITIONAL SIGNAGE In making an administrative determination in support of additional signage, the Office of the City Manager used the following regulations and directives from City Council: SMA GUIDING DOCUMENTS MINIMUM STANDARDS SECTION 3.2.B Under this section of the SMA Guiding Documents, it states, "The City may further temporarily waive or reduce any of these minimum standards for non governmental Operators where the City, in its sole discretion deems such waiver or reduction to be in the best interest or welfare of the Airport's operation." Under this section, discretion is afforded to the City to apply tactical application of the Guiding Documents. LAND DEVELOPMENT REGULATIONS SECTION 54-3- 16.5.B(1) Being that the SMA Guidelines are more restrictive on signage than the LDC, the Office of the City Manager wanted to ensure that, at a minimum, other sign regulations of the City were applied. Section 54- 3- 16.5.B(1) provides, generally, standards for commercial signs throughout the community, with respect to size and distance. The About Kayaks sign is in conformity with these specifications. ECONOMIC DEVELOPMENT PLAN OBJECTIVE 5 In March 2009, the City Council adopted a new policy to promote business development and retention. Objective five states, The City of Sebastian shall promote, develop and enhance the use of the Sebastian Municipal Airport Under that auspice the Office of the City Manager used this direction to support the application for additional signage. D. GROWTH MANAGEMENT DEPARTMENT The Growth Management Department continues to receive public scrutiny. Generally, the sentiment is that technical bureaucratic application of code hurts the Sebastian economy. This theme has been discussed by Council and stated by business owners and residents alike. In a reaction to this situation, Council has loosened some regulations, such as the creation of the "A- Frame" sign ordinance. Under these themes, the additional About Kayaks sign was permitted. The Office of the City Manager believes that the correct application of code has been applied. This Office also understands that this rationale may not be accepted by the complainant. In that case, per Sections 54- 1- 2.2(d) and 54 -1- 2.5(1) of the LDC, an appeal of an administrative determination can be filed with the Board of Adjustments. Barring an appeal, this Office considers the matter closed. Cc: I11. THE SUMMARY Robert Ginsburg, City Attorney Sally Maio, City Clerk Joe Griffin, Airport Director Rebecca Grohall, Growth Management Director Bob Denton Steve Phillipson ADMINISTRATIVE APPEAL MATERIALS ADDENDUM TO APPEAL ISSUANCE OF SIGN PERMIT 25 AIRPORT DRIVE WEST During the development of the Revised Airport Master Plan of 2001 2003, and after many "Community Compatibility Study" meetings as well as "Public Participation Progam" meetings, it was mutually agreed that the "revised airport master plan" would include certain provisions, two of which are as follows 1. A 50' natural vegetation buffer along Roseland Road, separating two vastly different land uses, industrial (City of Sebastian) and conservation (Indian River County). This view was strongly supported by The LPA Group, the consulting firm contracted by the City to do the revision. 2. Only one monument sign would be permitted within the Buffer area per comer property, and would be identical in design to the India River County park signs on the opposite side of Roseland Road at Wimbrow and McDonald parks. (See attached Exhibit B). LEASE AGREEMENT 30 January,2004, Lease agreement entered into by the City of Sebastian and a Tenant. City and Tenant agreed to the above provisions. This was understood and accepted by the public. 2005 Site Plan modifications" requests Tenant/ Engineer stated that they were not requesting any additional signs in the buffer area. 2008 At July 17 P Z meeting, Site Plan modification request A question from the floor asked if the Tenant had different plans than he expressed in his 2005 Site Plan modification request concerning additional signage in the buffer area. FECet AUG 2 7 2009 Ga l tfJ- k ��i::n: z¢l The Tenant/Engineer said they had no plans to request an additional sign in the buffer area. The P Z Chairman asked City Staff, if there is a request in the future for additional signage, will it come back to P Z or will it be solely a Staff decision Response from Staff stated It will be a Staff decision, however there are restrictions for additional signage in the Buffer Area. This would mean there could be no further opportunity for public input or scrutiny. 2009 May 12 approximately 9 -10 months later, Tenant applies for additional sign in Buffer Area, which was approved by Staff and not made public knowledge. Prior to this approval by the City, others (prospective sub lessee) were told by Staff, as well as Tenant, that there would be no additional signs in the Buffer Area. 2009 June. To the public's dismay a sign was erected in violation of the following 1. Development Guidelines Section 4.d.1.ii "Each Tenant shall have one (l) sign per leased property." 2. Development Guidelines Section 4.d.1.iii "Signs will not be permitted on Roseland Road." 3. Development Guidelines Section 4.d.1.iv "Each property sign shall be eight (8) feet in length by four (4) feet in height, exclusive of the base as described in paragraph d(2) iv". A. Paragraph d(2) iv Installation Signage shall be placed on a two -foot (2') high solid base whereas total sign height cannot exceed six (6) feet above ground level. Whereas, total sign height is actually more-than ten (10) feet above ground level. 4. January 30, 2004. Lease between The City of Sebastian and Tenant Section 1.6 states "Property signage for this parcel must be designed and located as outlined in Exhibit B." -2- At present the Public has been informed, by the City Manager, that there is no officially recorded Buffer Area. This is confusing since the 50' Buffer is acknowledged by City Staff, P Z Board members, as well as the Tenant/Engineer in their original Site Plan and all subsequent Site Plan revisions. The Buffer Area was also shown on the ALP (Airport Layout Plan) that the public was given when the revised Master Plan was being developed. (See attached Exhibit A.) In view of the above, it appears that the democratic process has been compromised in that the public input and scrutiny has been excluded. Whether the system has been intentionally manipulated, or not, the end result is the same, and this opens the door to further infractions with possibly more dire consequences. Knowing that this was such a volatile issue, it is difficult to comprehend why this was not brought before the full Council and public for disclosure, discussion and resolution. It is essential that the 50' Buffer area along Roseland Road be acknowledged and documented in hard form. (i.e. Ordinance Also, the public has been misled over the past eight years in believing that certain provisions were in place to provide for the protection of the character of Roseland Road* and the surrounding conservation areas and watershed to the St. Sebastian River. It is important to the public that these provisions be acknowledged and complied with by the City of Sebastian. Roseland Road: Part of the "Indian River Lagoon National /Scenic Highway". -3- Nor gh E- BAS ft DES 4 As ZRc. PARK s1c S 10048 re /ML+�Do EMIT B BUFFER LIMITS FOR INTERSECTION VISIBILITY AND SIGN VISIBILITY PROPOSED SIGN (NORTH FACE) PHIIJIPSON SIGN CPU VT (DTTIL LOCATION PLAN 5V CRIMP GALV. METAL ROOF PROPOSED SIGN 6" HIGH METAIJC LETTERS (SEE SPECS) PROPOSED SIGN (SOUTH FACE) SCHUI J E, BITTLE STODDARD, Q.E.C. CONSULTING ENGINEERS AND PLANNERS 1140 7TH COURT, SUITE P. VERO BEACH. FL 32960 ,.8. ii II Officers Tim Glover President Frank Wegel Vice President Sherry Shipley Treasurer Gayle Heath Secretary Directors Paul Barker Tom Bauer Mike Beck Buzz Herrmann George Koraly Anne Putman Lynn Stieglitz Bruce Zingman :RECEIVED Friends of cat. (Sebastian 1:2iy4 ITY P. O. Box 284 Roseland, Florida 32 so 21 1119 10 43 www.fssr.org info@fssr.org Richard Gillmor, Chairman Board of Adjustment, City of Sebastian 1225 Main Street Sebastian, Florida 32958 -4165 September 18, 2009 Dear Mr. Gillmor and members of the Board of Adjustment: The Friends were party to the original negotiations with the city, in developing "standards" for the Sebastian Airport Industrial Park. While many residents also participated in this process and had concerns about the aesthetics that could impact their neighborhoods, our concerns are for the potential impacts of stormwater from a developed area, adjacent to a county park, the river itself an "aquatic preserve and the adjacent state preserve. Additionally, the state of Florida has recognized that compatibility or lack thereof, is a legitimate and legally enforceable issue with regard to development adjacent to lower density areas. When we participated in the original development of standards for the airport industrial park, we understood that the committee that helped develop the master plan for the airport advocated for a 100 foot buffer to the surrounding neighborhoods. We advocated maintaining that standard, but the city at the time would only agree to a 50 foot buffer. We also understood that Mr. Philipson, being the first lessee of property in the newly developed airport industrial park, agreed to that 50 foot buffer, as well as planting standards for the buffer, and any additional development in the buffer is of concern. We now understand that those and other standards have been abandoned by the city. Our concerns remain the same as stated above and ask that the city maintain and enforce the 50 foot vegetated buffer along the perimeter of the airport industrial park and Roseland Road. Sincerely, Tim Glover President, FSSR ;t 2 2 2009 c mE.: The mission of the Friends of St. Sebastian River is to maintain and improve the health and beauty of the St. Sebastian River and its watershed. 2:30 p.m. September 16, 2009 Mr. Tyler Watts called City Hall to request that his name be removed from any opposition list in regard to the monument sign located at 25 Airport Drive West. Message taken by Jeanette Williams, Deputy City Clerk LIST OF THOSE APPEALING ISSUANCE AND APPROVAL OF SIGN PERMIT AT 25 AIRPORT DRIVE WEST, SEBASTIAN, FLORIDA Holly Dill 11675 Roseland Road, Sebastian, FL 32958 Frank DeJoia 11625 Roseland Road, Sebastian, FL 32958 James J. Linus 11705 Roseland Road, Sebastian, FL 32958 James Cathy Spoto 11525 Roseland Road, Sebastian, FL 32958 Thomas Bauer 11301 Roseland Road, Sebastian, FL 32958 Robert Denton 11245 Roseland Road, Sebastian, FL 32958 Paul Drown 12355 Roseland Road, Sebastian, FL 32958 E.W. Joanne Burkhart 803 Robin Lane, Sebastian, FL 32958 Tyler Watts 802 Robin Lane, Sebastian, FL 32958 �E- Fred Harmeyer 8230 Capewell Ct., Sebastian, FL 32958 Pauline A. Conley 8220 Capewell Ct., Sebastian, FL 32958 Susan Tanksley 8240 Capewell Ct., Sebastian, FL 32958 Andrew Pasqualone 8205 Capewell Ct., Sebastian, FL 32958 Anthony Elizabeth Zamparello 8250 Capewell Ct., Sebastian, FL 32958 Buzz Herrmann 586 Redwood Ct., Sebastian, FL 32958 J.C. Ann Putman 563 Cross Creek Circle, Sebastian, FL 32958 Ann Lindquist 779 Collier Club Drive, Sebastian, FL 32958 Phyllis Doherty 616 Cottonwood Road, Sebastian, FL 32958 Thomas Allen 622 Cottonwood Road, Sebastian, FL 32958 Dianne Eddy 690 Collier Lake Circle, Sebastian, FL 32958 Shirley Watkins Kathryn Smith Dennis Poppell Anna Lewis Mary Ann Krueger Jackie N. James Virgie Vinson Barbara Banfield Charlotte A. Carlson Diane Acker Jessse Kathleen Freeman Elihu Lee Skinner Harvey Irene Bush Jane L. Wilson Judy Smith Patricia Kelley Darlene Hillier Sara Hill George C. Gideon Margaret (Maggie) Perry Adam B Preuss 2- 606 Cross Creek Drive, Sebastian, FL 32958• 882 Jordan Ave., Sebastian, FL 32958 880 Vocelle St., Sebastian, FL 32958 731 Mulberry St., Sebastian, FL 32958 121 Miller Dr., Sebastian, FL 32958 12820 82n Ct., ,Roseland, FL 32957 8065 128 Ct., Roseland, FL 32957 7405 129 St., Sebastian, FL 32958 12974 Bay St., Roseland, FL 32957 8095 126 Street, Sebastian, FL 32958 13330 Bay Street, Sebastian, FL 32958 12795 Roseland Road, Roseland, FL 32957 13370 Old Dixie Hwy., Sebastian, FL 32958 1280 Sebastian Lakes Dr., Sebastian, FL 32958 8050 97 Ave., Vero Beach, FL 32967 679 Collier Lake Cir., Sebastian, FL 32958 694 Collier Lake Cir., Sebastian, FL 32958 691 Collier Lake Cir., Sebastian, FL 32958 8225 125 Pl., Sebastian, FL 32958 47 Sunset Dr., Sebastian, FL 32958 12385 Roseland Road, FL 32958 AUG 2 7 2009 B. Site Information Name: R b Y Jk.�1 0 OTC/3 1 Address: rl 3;2_95 8 Phone Number: 7.. a 9 1 1 FAX Number: Lot: Block: Unit: Subdivision: Indian River County Parcel Phone Number. Zoning Classification: FAX Number: Future Land Use: Existing Use: Proposed Use: Owner (If different from applicant) Name: R b Y Jk.�1 0 OTC/3 1 Name: 0 ifl rl 3;2_95 8 Phone Number: 7.. a 9 1 1 FAX Number: Address: Phone Number. FAX Number: E -Mail: Applicant (If not owner, written authorization (notarized) from owner is required) Name: R b Y Jk.�1 0 OTC/3 1 Address: iIL 4 ED 3E13 T►4 rl 3;2_95 8 Phone Number: 7.. a 9 1 1 FAX Number: E- Mail: .J rYCDE tq jo14 AbL. CO Ilk_ C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): RW).1.).T. f 'WIA 4S ove_Pcy i LDi2i�(E tut. i 368A5.11 ilk 1 SEA City of Sebastian HOME OF PELICAN NANO Development Order Application Permit Application No. Title of permit or action requested: g 1 L- To PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): 5 e D ye T 3 ,346.5 FL] DATE RECEIVED: S' /21/ FEE PAID: 3 5a ofl RECEIVED ec 1P 35•6 MG 2 2009 F:T D. Project Personnel: Agent: NIA Name: Address Phone Number: FAX Number: E -Mail: Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Name: Address Phone Number: FAX Number: E -Mail: Surveyor: Name: Address Phone Number: FAX Number: E -Mail: I, BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: 1 AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: DATE 20 Permit Application No. 2 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE Sworn to and subscribed before me by who is personally known to me or produced as identification, this day of 20 Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: DATE HOME OF PEUCAN ISLAND Supplemental Information Application to the Board of Adjustment .r -.2 o Permit Application No. 1. This application is for a (check one): variance(s) ‘Za 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): OWE fk) O 1 J E r b ►A PP en/AL 0 1 3 414 1 fl( i at a.5' t -t le Pnp i i P h(r. Lt)E i 1 o 5E 'As PEA LI Co 10 r b Pearnr nt E7 5140 i 5 �U 1 60yi L)4 i o e c t 1 4 SEBAMAI3 I i tOk ai 1Q ►P._.POET EYELoVnt rJi At lort. _113E5 3c 4, d 1.;; 4. ot, q, .1 i Y 1:174 I ?io o �45E aEn6FENI TNF_ ell sNk7, f'fEYE P4ILLI0 3. Legal description of the property involved: 4. Attach the following: a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right -of -ways. b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundarac of the lot or parcel of land that is subject of the applicat 7/