HomeMy WebLinkAbout05172010Special1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. SPECIAL MEETING ITEM
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
HEARING ON GILLIAMS APPEAL
TO PLANNING AND ZONING COMMISSION DECISION
ON SEAWINDS CREMATORY
MONDAY, MAY 17, 2010 5:30 PM
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
10.045 A. Quasi Judicial Hearing of Appeal from Damien Gilliams of the April 1, 2010
Planning and Zoning Commission Approval of Site Plan Modification for the
Seawinds Crematory Located at 735 S. Fleming Street (Growth Management
Transmittal dated 5/7/10, See Page Index Attached to Agenda)
5. ADJOURN (Special meetings shall adjourn at 10:00 p.m, unless extended by majority of
Council for a maximum of thirty minutes)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
All City Council Meetings are Aired Live on Comcast Channel 25.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F. S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Agenda Packet Index: Pgs
For City Council assistance, the following information is provided:
1. City Attorney procedural memorandum dated 2 -24 -10 3 -4
2. Gilliams letter of appeal dated 4 -9 -10 5
3. Motion to dismiss filed by Attorney Buck Vocelle on behalf of Seawinds 7 -22
4. Planning Zoning order from 4 -1 -10 hearing that includes the conditions 23 -25
of approval
5. Minutes of Planning Zoning hearing dated 4 -1 -10 27 -32
6. Planning and Zoning Packet provided for the April 1, 2010 hearing that
includes:
a. Updated Staff Report dated 3 -25 -10 33 -41
b. Brian Nolan, Fire Marshall, dated 3 -9 -10 43
c. Wayne Eseltine memo dated 3 -3 -10 44
d. U.S. Cremation Equipment letter dated 1 -22 -10 45
e. Photo of exterior and interior of Seawinds Crematory (pre -fire) 46
f. Randy Mosby letter dated 3 -23 -10 47
g. Revised site plans, sheets C1, C2, S1 and S2 49 -52
h. Minutes of City Council appeal hearing dated 3 -10 -10 53 -64
i. Entire City Council packet from the appeal hearing of 3 -10 -10
(Circle pages 61 through 196) new pages 65 -200
7 Maureen Mathewson email letter of objection dated 3 -27 -10 201 -203
Procedures for Quasi- Judicial Hearings (R- 99 -12)
Mayor opens hearing
City councilmembers disclose ex -parte communication
Applicant/agent /appellant makes presentation in favor following swearing in by Clerk
Staff presents findings and analysis following swearing in by City Clerk
Council asks questions of the applicant and staff
Mayor opens floor for anyone in favor of request (anyone presenting factual information
shall be sworn but anyone merely advocating approval need not be sworn in)
Mayor opens the floor for anyone opposing the request
Applicant provided opportunity to respond to issues raised by staff or public
Staff provided opportunity to summarize request
City Council deliberation and questions
Mayor calls for a motion
City Council Action
Subject: Appeal of Planning Zoning
Approval of Seawinds Crematory Site
Plan Modification
App i e o Submittal by: City Manager
ii f
.4.
Agenda No. /0, 01
Department Origin:
City Manager:
City Attorney:
City Clerk:
Growth Manageme
-v1A
j2i
Date Submitted: May 7, 2010
For Agenda of: May 17, 2010
Al n e
Exhibits: Outlined on second page
EXPENDITURE REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION REQUIRED:
None
CnYOF
HOME OF PELICAN ISLAND
SUMMARY
The Seawinds Funeral Home was approved and constructed in 1997. A site
modification and conditional use was approved in 2003 to allow the construction of a
crematory on the property. In November of 2009 the crematory was destroyed by fire.
Reconstruction of the facility as approved in the 2003 plan is permitted without any
additional site plan review. However, the owner would like to replace the crematory
with a building that is 500 square feet bigger and has requested approval for a site plan
modification.
The site plan modification was presented to the Planning and Zoning Commission on
January 7, 2010, where it was approved, with conditions, by a 5 -1 vote. An appeal of
that decision was filed on behalf of the Elks Lodge. The appeal hearing was conducted
by City Council on March 10, 2010. The City Council remanded the site plan back to the
Planning and Zoning Commission for further review.
The applicant resubmitted the site plan modification in late March with several revisions.
On April 1, 2010, the Planning and Zoning Commission held another public hearing to
consider the Seawinds site plan.
At the hearing, Attorney Buck Vocelle, representing Seawinds, announced an
agreement had been reached with the Elks Lodge that included the following:
Sprinklers to be added to the exhaust shafts
Floor plan to be modified resulting in the chimney stacks relocated from
the north to the south side of the building.
Chimney stacks to be elevated to a height of five feet above the roof line.
Installation of a 24 -hour monitored alarm system
No cremations shall take place on Wednesdays between 12:00 noon and
4:00 p.m.
Charles DeLauder, most current Past Exalted Ruler of the Sebastian Elks Lodge spoke
in favor of the project, with the outlined conditions. Damien Gilliams spoke in
opposition. Jan King read into the record correspondence from Maureen Mathewson,
also in opposition to the project. Following the public hearing, the Planning and Zoning
Commission approved the revised site plan, with conditions, by a 5 -2 vote.
On April 9, 2010, an appeal of the Planning and Zoning decision was filed by Damien
Gilliams, and scheduled to be heard by City Council on May 17, 2010. A "motion to
dismiss" has been filed by Attorney Buck Vocelle on behalf of Seawinds, and is
included with this transmittal.
The City Attorney has previously outlined procedural matters for an appeal in his
memorandum dated February 24, 2010, which is also attached.
For City Council assistance, the following information is provided:
1. City Attorney procedural memorandum dated 2 -24 -10
2. Gilliams letter of appeal dated 4 -9 -10
3. Motion to dismiss filed by Attorney Buck Vocelle on behalf of Seawinds
4. Planning Zoning order from 4 -1 -10 hearing that includes the conditions of
approval
5. Minutes of Planning Zoning hearing dated 4 -1 -10
6. Planning and Zoning Packet provided for the April 1, 2010 hearing that
includes:
a. Updated Staff Report dated 3 -25 -10
b. Brian Nolan, Fire Marshall, dated 3 -9 -10
c. Wayne Eseltine memo dated 3 -3 -10
d. U.S. Cremation Equipment letter dated 1 -22 -10
e. Photo of exterior and interior of Seawinds Crematory (pre -fire)
f. Randy Mosby letter dated 3 -23 -10
g. Revised site plans, sheets C1, C2, S1 and S2
h. Minutes of City Council appeal hearing dated 3 -10 -10
i. Entire City Council packet from the appeal hearing of 3 -10 -10 (Circle
pages 61 through 196)
7. Maureen Mathewson email letter of objection dated 3 -27 -10
RECOMMENDED ACTION
Hold appeal hearing. At the conclusion of the hearing, the City Council may:
1. Reject the appeal and affirm the action of the P Z (majority vote required); or
2. Approve the appeal and reverse the action of the P Z (four votes required); or
3. Modify the conditions imposed by P Z (four votes required).
2
CHY OF
HOME OF PELICAN ISLAND
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589 -5330 FAX (772) 589 -5570
MEMORANDUM
February 24, 2010
Honorable Mayor and Members of the City Council
Date:
TO:
FROM: Robert A. Ginsburg, City Attorney
RE:
Seawinds Funeral Home /Crematory For City Council Agenda 3/10/10
This matter comes before the Council pursuant to Land Development Code, (LDC) §54-
1- 2.4(g) as an appeal of the Planning Zoning Commission, approval with conditions, of
the site plan application:
(g) Appeals of planning and zoning commission decisions to the city council.
(4) Scope of review by city council. In reviewing an appeal of a final order or a
decision of the planning and zoning commission, the city council shall be limited
to review of the testimony, documents, plans, papers or other materials
constituting the record upon which the action was taken. The city council may,
upon appeal, reverse or affirm wholly or partly, or modify the order, requirement,
decision, or determination made by the planning and zoning commission and may
make any necessary further order, requirements, decisions or determinations
respecting the subject of the appeal and, to that end, shall have all the powers of
the planning and zoning commission respecting such matter. The concurring vote
of no less than four members of the city council shall be necessary to reverse or
modify any order, requirement, decision or determination of the planning and
zoning commission.
(5)
Appearance and argument. At any hearing upon any matter subject to the
provisions of this code, the appellant seeking review by the city council and any
other party desiring to be heard may appear in person, by agent or by attorney.
The appellant shall be entitled to make an initial presentation respecting the
appeal, and at the conclusion of presentations or statements by all other parties,
shall be entitled to offer a statement in rebuttal to such presentations if the
appellant so desires. The presiding officer may, at the commencement of the
hearing, or at any time during such hearing, require that parties desiring to make a
presentation identify themselves, and may specify the time to be allowed for each
party to make such presentation.
The LDC calls for the Council to consider the appeal on the record the testimony and
exhibits- presented to the Planning and Zoning Commission.
RECOMMENDED ACTION:
1. With a majority vote, the City Council may either:
(A) Reject the appeal and affirm the action of P Z, or
(B) Remand to P Z for further consideration, or
2. With a vote of at least four members, the City Council may either:
(A) Approve the appeal and reverse the action of P Z, or
(B) Modify the conditions imposed by P Z incident to it's approval of the
application.
RECB VED
APR 0 9 2010
P Z Growth Mgrt,
APPEAL FROM PLANNING AND ZONING
COMMISSION ORDER
Damien Gilliams of Sebastian, Florida, an affected party by virtue of his ownership of
residential and commercial property within close proximity to the Seawinds Crematory, appeals
the April 1, 2010 Order of Sebastian Planning and Zoning (P &Z) Commission's Application for
a Site Plan Modification of Seawinds Real Estate Company, L.L.C., Application No. 09- SP -17,
and requests that this Appeal be heard before the City Commission.
The documents pertaining to this Appeal are the Minutes of the P &Z Meeting held on
January 7, 2010, and the related Finding of Fact, Conclusions of Law and Order, the Minutes of
the Sebastian City Council held on March 10, 2010 and the Minutes of the P &Z of April 1, 2010.
In addition, all other documents pertaining to Application No. 09 -SP -17 that were presented
and/or accepted by the Planning and Zoning Commission or the City Council also constitute the
record upon which this Appeal is taken.
c
Dated this day of April, 2010.
DAMIEN G L S
1623 U.S. 1, A5
Sebastian, FL 32958
(772) 713-5071
I HEREBY CERTIFY that this Appeal was hand- delivered to the Planning and Growth
Management Director on the day of April, 2010.
DAMIEN GILLIs
IN RE THE MATTER OF:
SEAWINDS REAL ESTATE, LLC,
Applicant.
APPEAL BEFORE THE COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA
APPLICATION NO.: 09 -SP -17
MOTION TO DISMISS APPEAL BASED APPELLANT'S ON LACK OF STANDING
I. Facts
1. The Applicant, SEAWINDS, is the owner of real property located at 735 Fleming
Street, Sebastian, Indian River County, Florida 32958.
2. THE CITY OF SEBASTIAN, is a political subdivision and municipality
organized and existing under the laws of the State of Florida and is governed by a five- member
City Council.
3. In 1997, SEAWINDS applied for a permit to construct a 6,264 square foot
building on the above described property to be utilized as a funeral home. Said project was
approved and the funeral home was constructed.
4. On March 6, 2003, a 480 square foot crematory was approved as an accessory
used to the funeral. Said accessory and conditional use which constituted a minor modification
of the site plan was approved by the Planning and Zoning Commission (hereinafter "P &Z) on
March 6, 2003.
5. On November 4, 2009, there was a fire at the existing crematorium which
destroyed the building.
1
6. Pursuant to the City of Sebastian Land Development Code (hereinafter "LDC"),
the Plaintiff /owner had the right to rebuild the bui [ding exactly as approved on the March 6,
2003 site plan, with no additional site plan review.
7. The Plaintiff desired to increase the size of the crematorium upon rebuilding by
500 square feet, for a total square footage of 980 square feet.
8. The rebuilding of the fire destroyed crematory by SEAWINDS constituted a
minor modification of a site plan in that it did not request to increase the size of the building "in
excess of 500 square feet."
9. The Plaintiff's application for minor site plan modification came on for hearing
before the P &Z for the City of Sebastian on January 7, 2010 as a quasi-judicial public hearing.
10. Said minor site plan modification was approved by order of the P &Z on January
21, 2010 by a vote of 5 to 1, with certain conditions which are and were acceptable to the
Plaintiff.
11. Within ten (10) days after said P &Z decision, an appeal was filed to the City
Council by a neighboring property owner within three (300) feet of said proposed minor site plan
modification, to -wit: The Benevolent Protective Order of Elks Lodge #2174 (hereinafter "Elks
Lodge Said appeal to the City Council was filed on January 29, 2010, within ten days of the
January 21, 2010 order of the P &Z pursuant to LDC Section 54- 1- 2.4(g).
12. Said LDC Section 54- 1- 2.4(g) provides in relevant part:
"Appeals of decisions by the Planning and Zoning
Commission shall be final unless otherwise stated herein.
However, any affected party, including the City Manager
on behalf of staff aggrieved by a decision of the Planning
and Zoning Commission may appeal the decision by filing
a written appeal with the Planning and Growth
Management Director within ten (10) days of the decision
of the Planning and Zoning Commission. It shall require
four (4) affirmative votes of the City Council to override
the Planning and Zoning Commission decision."
2
13. The appeal filed by the Elks Lodge was heard before the Sebastian City Council
on March 10, 2010. The vote on the appeal according to the official regular City Council
meeting minutes of March 10, 2010 was three votes in favor of the appeal to overturn the
Planning and Zoning Commission's decision (WOLFE, GILLMOR and COY) and two votes to
deny the appeal and uphold the P &Z decision (WRIGHT and HILL).
14. According to the official minutes, the motion failed, as the LDC (Land
Development Code) requires four affirmative votes.
15. Because four affirmative votes of the City Council (a super majority) pursuant to
Section 54 -1 -2.4 of the City of Sebastian Land Development Code was not achieved, the
decision of the P &Z was final. Id.
16. Notwithstanding the finality of the January 21, 2010 P &Z decision which was not
overturned by a super majority of the City Council, the City Council nonetheless, according to
the official City Council minutes of March 10, 2010, remanded the matter back to the Planning
and Zoning Board.
17. The Sebastian P &Z did hold a second hearing on April 1, 2010 wherein the minor
site plan revision by the Plaintiff herein was again approved on a 5 to 2 vote.
18. As a result of the Planning and Zoning Commission meeting held on April 1,
2010, a Final Order with Findings and Facts and Conclusions of law was entered on April 5,
2010.
19. On April 9, 2010, one Damien Giliams, an individual with a listed address of
1623 U.S. 1, Suite A -5, Sebastian, FL 32958 did file an Appeal from the Second Planning and
Zoning Commission Order entered on April 5, 2010.
II. LAW
20. As stated above, §54- 1- 2.4(g) of the LDC provides in relevant part:
3
"However, any affected party., including the City manager
on behalf of staff, aggrieved by the decision of the
Planning and Zoning Commission may appeal the decision
by filing a written appeal with the Planning and Growth
Management Director within ten (10) days of the decision
of the Planning Zoning Commission. (Emphasis added)
21. Section 54 -1 -2.8 of the LDC entitled "Procedures for Public Hearings" requires
that a copy of said notice shall be mailed to all property owners within three (300) feet of the
outer boundary of the property owned in the application including contiguous property under the
same ownership.
22. Attached hereto as Exhibit "A" is a colored diagraph provided by the City of
Sebastian as to owners within three (300) feet.
23. Attached hereto as Exhibit "B" is a list of owners to whom Notice of the Public
Hearing was provided under the LDC, which notice does not include the Appellant, Mr. Gilliums
24. The Florida Supreme Court decided the issue as to whether a party has "standing"
to appeal a decision of a Planning and Zoning Commission in Renard v. Dade County, 261 So.
2d 832 (Fla. 1972). The Florida Supreme Court considered, among other things, the standing
necessary for a Plaintiff to (1) enforce a validly Zoning Ordinance and (2) attack a validly
enacted Zoning Ordinance as not being fairly debatable and therefore an arbitrary and
unreasonably exercise of legislative power.
25. In the Appeal filed by Mr. Gilliums, he states that he is an "affected party by
virtue of his ownership of residential and commercial property within close proximity to the
Seawinds Crematory."
26. The Supreme Court in Renard, held:
An agreed or adversely affected person having standing to
sue is a person who has a legally recognizable interest,
which is or will be affected by the action of the zoning
authority in question. The interest may be shared in
common with a number of other members of the
community as where an entire neighborhood is affected,
but not every resident and property owner of a municipality
4
can, as a general rule, claim such an interest. An individual
having standing must have a definite interest exceeding the
general interest in community good share in common with
all citizens. So- called "spite suits" will not be tolerated in
this area of the law anymore than any other. 261 So.2d at
837. (Emphasis added).
27. The Supreme Court also noted that "the fact that a person is among those entitled
to receive notice under the zoning ordinance is a factor to be considered in the question of
standing to challenge the proposed zoning action." Moreover, even if a person has standing to
seek regress either preventative or corrective, against an alleged violation of a municipal zoning
ordinance, that individual "must allege and prove special damage peculiar to himself differing in
kind as distinguished from damages differing in degree suffered by the community as a whole."
Renard, 261 So.2d at 835.
28. In F R Builders, Inc. v. Durant, 390 So.2d. 784 (Fla. 3rd DCA 1980). F R,
requested the zoning appeals board to grant a special exception to permit residential property to
be served by private drives. Notice was sent to other property owners in the area. An appeal
was held before the board of county commissioners by a Mrs. Brown who then appealed to
circuit court. F R moved to dismiss the case in circuit court alleging that Mrs. Brown did not
have standing to sue.
29. The Third District Court of Appeal found that the Appellant, Mrs. Brown, even
though noticed with the planning and zoning hearing did not have standing as an "agreed party"
relying on its decision in Shabau v. Dade County, 385 So.2d 129 (Fla. 3d DCA 1980). The F
R Builder's court noted that if the board of county commissioners wanted to enlarge its
definition of standing, it may do so, but the case must be decided on the definitions as they
existed.
30. The decision upon which the F R Builder's court relied, Shabau v. Dade
County, 385 So.2d 129 (Fla. 3d DCA 1980) involved a challenge by a condominium property
owners association to prevent an apartment building from being erected. The Shabau court
5
noted that the association did not have standing either on its own or through its members unless
it had suffered "some special injury."
31. In a later decision, the Third District Court of Appeal in Carlos Estates, Inc. v.
Dade County, 426 So.2d 1167 (Fla. 3d DCA 1983)(a case wherein Robert A. Ginsburg was the
county attorney for Dade County) involved an appeal by an individual who lived within 700 feet
of the subject property. In finding the Appellant had standing, the court differentiated between
the type of case involved there, a request for a special exception to an existing zoning ordinance
with an appeal by an individual challenging a violation of an existing and valid zoning
ordinance. In that case, as stated above, the Appellant must show special damages.
III. LAW AS APPLIED TO MR. GILLIUMS
32. Mr. Gilliums claims that he has ownership of residential and commercial property
within close proximity to the Seawinds Crematory. He uses an address on his appeal of 1623
U.S.1 Suite A5, Sebastian, Florida 32958.
33. Said address utilized by Gilliums, according to Google Maps, is separated from
the subject property by State Road 512, the Florida East Coast Railway tracks, U.S. Highway 1
and Main Street and, is 2.8 miles from the subject property.
34. A review of the public records and the transcript from the last Planning and
Zoning Board hearing held on April 1, 2010 reveals that Mr. Gilliums also owns a residence
located at 713 Layport Drive, Sebastian, Florida 32958, 3/4 of a mile away from subject
property. Said residence is not within the same neighborhood and subdivision as the subject
property and in fact, is separated from the subject property by two major roadways, State Road
512 and Vocelle Avenue.
35. A review of the public records also shows that Mr. Gilliums owns property
located at 651 Sebastian Boulevard, Sebastian, Florida.
6
36. This property appears to be vacant property and is located more than a 1/2 mile
away from the subject property, not in the same neighborhood or subdivision as the subject
property and separated from the subject property by South Wimbrow Drive, a major drainage
canal and a large commercial center and self storage unit.
37. The City's land development code provides that an Appellant must be both
affected and aggrieved. Moreover, Mr. Gilliums must prove some special damages or at a
minimum, some interest exceeding the general interest in the community or the general interest
that all citizens have.
38. Whereas the Elks Club, being within 20 feet of the subject property had standing
to appeal the first Planning and Zoning decision, Mr. Gilliums had no standing to appeal this
decision and, in the words of the Supreme Court, has filed this action as a "spite suit" which
"will not be tolerated in this area of the law anymore than in any other." Renard, 261 So.2d 837.
IV. CONCLUSION
39. For all of the foregoing reasons, Damian Gilliums has no standing to appeal the
decision of the Planning and Zoning board and this appeal should be dismissed.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by U.S. mail, postage prepaid, to: Damien Gilliums, 1623 U.S. Highway One, Suite
A5, Sebastian, Florida 32958, Jan King, Manager, Growth Management Department, City of
Sebastian, 1225 Main Street, Sebastian, Florida 32958, Robert A. Ginsburg, Esquire, 1225
Main Street, Sebastian, Florida 32958, on this 2 day of
2010.
VOCELLE BERG, L.L.P.
Attorney for Applicant
3333 20th Street
Vero Beace, FL 32960 -2469
Telephone: 72) 562 -8111
Facsimil (772) 562 -2870
Louis B. Vol e, Jr.
Florida Baf No. 349488
EXHIBIT
I
EXHIBIT
"B"
512 COMMERCE CENTER LLC
1910 82 AVE., STE 202
VERO BEACH, FL 32966
SEB ELKS LODGE #2714
P.O. BOX 782060
SEBASTIAN, FL 32978 -2060
CHESSER'S GAP PROPERTY
OWNERS ASSOC INC
10753 US HWY #1
SEBASTIAN, FL 32958
SEAWINDS REAL ESTATE LLC
735 FLEMING ST
SEBASTIAN, FL 32958
BARNETTE BANK OF T C
C10 BANK OF AMERICA
ATTN: CORP R.E. ASMT
101 N TYRON ST
CHARLOTTE, NC 28255
SEBASTIAN GENERAL PTNR BFT
P.O. BOX 780068
SEBASTIAN, FL 32978 -0068
GEC FLORIDA LLC
2760 N UNIVERSITY DR
DAVIE, FL 33024
CERASO- GENNARELLI
FUNERAL HOME
6067 C DURHAM DR
LAKE WORTH, FL 33467
CHESSER'S GAP LLC
190 CONGRESS PARK DR
SUITE 180
DELRAY BEACH, FL 33445
PLANNING AND ZONING COMMISSION
City of Sebastian, Florida
Application for Site Plan Modification:
Seawinds Real Estate Company, L.L.0 Application No. 09 -SP -17
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came on for public hearing before the Planning and Zoning
Commission of the City of Sebastian on April 1, 2010, and based upon the testimony and all
of the evidence presented, the Planning Zoning Commission enters the following:
FINDINGS OF FACT
1. Seawinds Real Estate Company, L.L.C., owner of the real property located at
735 Fleming Street and also identified as Indian River County Parcel No. 31-
38-13- 00000 -1000- 00001.1, has requested site plan approval for a 500 square
foot addition to the previously approved crematory.
2. In 1997, a 6,264 square foot building was approved and constructed on the
subject site as a funeral home. In 2003, a 480 square foot crematory was also
approved and constructed. In 2009, the crematory was destroyed by fire.
3. On January 7, 2010, the Planning and Zoning Commission of the City of
Sebastian held a public hearing and approved, with conditions, a modified
site plan for the subject property including the requested 500 square foot
addition to the previously approved crematory.
4. On January 29, 2010, B.P.O.E. Elks Lodge #2714 (Elks), owner of the
abutting property with improvements approximately 20 feet from the
proposed crematory, filed an appeal of the Planning and Zoning Commission
decision.
5. The City Council of the City of Sebastian held a public hearing on March 10,
2010 to consider the appeal. The City Council remanded the application
back to the Planning Zoning Commission for further consideration.
6. Public notice of the subsequent hearing by the Planning and Zoning
Commission was published on March 17, 2010, in the Press Journal, a
newspaper of general circulation in the City of Sebastian. Notice of this
hearing was also mailed to all property owners within three hundred (300)
feet of the subject property, as shown in the records of the Property
Appraiser of Indian River County, in accordance with the requirements of
the Land Development Code.
7. The Growth Management Department of the City of Sebastian, as well as
Indian River County Fire Life Safety Bureau, Sebastian Police
Department, Indian River County Environmental Health, Sebastian Building
Department, Indian River County Traffic Engineering Division, and Indian
River County Department of Utility Services, reviewed the requested site
modification. All agency comments were provided to the Planning and
Zoning Commission, are included in the record, and are incorporated herein
by this reference.
8. Attorney Buck Vocelle presented the application to the Planning and Zoning
Commission. Mr. Vocelle advised the Planning and Zoning Commission that
the applicant and the Elks had reached an agreement with respect to the
approval of the application with conditions. James Young, owner, Randy
Mosby, engineer for the project, and Luis Llorens, environmental specialist
and chemical engineer all testified in support of the application.
9. Brian Nolan, Indian River County Fire Marshall, and Wayne Eseltine,
Building Director for the City of Sebastian provided additional information.
10. Charles DeLauder, Exalted Ruler of Elks Lodge #2317, spoke in favor of the
request, with conditions.
11. One person spoke in opposition to the request. One resident submitted a
letter of opposition which was read into the record.
CONCLUSIONS OF LAW
Based upon a careful consideration of the evidence presented, and the applicable
provisions of Section 54- 4- 18.3(b) and (c) of the Land Development Code of the City of
Sebastian, the Planning and Zoning Commission determines that the requirements for
granting the site plan modification have been satisfied.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made by Commissioner William Simmons, and seconded by Commissioner Domenic Durr
to approve the site plan modification for Seawinds Funeral Home, 735 Fleming Street, for a
500 square foot addition to a crematorium with the following conditions:
2
1. Provide St. Johns River Water Management District Permit, or letter of
exemption.
2. Comply with Department of Health comments regarding DEP Air
Emissions permit.
3. Final plat approval by City Council before a Certificate of Completion is
issued for the crematorium by the Building Department.
4. Provide 2 -hour fire -rated walls and two 1 -hour fire -rated exhaust shafts
with two sprinkler heads in each shaft: one sprinkler head shall be
installed at the top of each shaft and one sprinkler head shall be installed
toward the bottom portion of each shaft.
5. Provide a fire alarm system with 24 -hour /day monitoring.
6. Provide chimney stacks constructed 5 feet above the building, if the same
can be constructed to withstand a 140 mph windload; the chimney stacks
shall be constructed on the South side of the building; an additional
garage door shall be installed on the South side of the building; and the
new retorts shall be relocated to the South side of the building's interior.
7. No cremations shall take place on Wednesdays between 12:00 noon and
4:00 p.m.
The motion was approved by the Planning and Zoning Commission by a vote of 5 in favor
and 2 against. Therefore, the requested site plan modification was approved with the
above stated conditions.
DONE AND ORDERED in Sebastian, Indian River County, Florida, this l day of
April, 2010.
ATTEST:
A
Clerk to the Planning and Zoning Commission
3
CITY OF SEBASTIAN
L rence Paul,
lanning and Zoning Commission
Date
PRESENT:
ALSO PRESENT:
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 1, 2010
Chmn. Paul called the meeting to order at 7:05 P.M.
The pledge of allegiance was said by all.
ROLL CALL:
Mr. Dodd
Mr. Simmons
Mr. Paul
Mr. Cardinale
EXCUSED: Mr. Srinivasan
Mr. Neuberger
Mr. Hepler
Mr. Durr
Mr. Roth
Rebecca Grohall, Growth Management Director
Jan King, Growth Management Manager
Robert Ginsburg, City Attorney
Dorri Bosworth, Zoning Technician
Susan Lorusso, Recording Secretary
Wayne Eseltine, Building Official
Brian Nolan, Assistant Chief I.R. County Fire Marshal
ANNOUNCEMENTS:
Mr. Srinivasan is excused and Mr. Durr will be voting.
APPROVAL OF MINUTES: Special Meeting of 2/25/2010
MOTION by Dodd /Roth to approve the meeting minutes of 2/25/10. Motion was
approved on roll call.
OLD BUSINESS: NONE
NEW BUSINESS:
A. ACCESSORY STRUCTURE REVIEWS SECTION 54- 2 -7.5:
1. 110 DOUGLAS AVE 720 SF DETACHED GARAGE M/M HERSHEY
2. 769 BARBER ST 852 SF DETACHED GARAGE M/M TRYON
George Boyd of GRB Construction presented the application for a detached garage at
110 Douglas Avenue. Ms. Bosworth reviewed the staff report. She noted that the main
house has a double banding on the front and suggested the garage have the same
banding. Any auxiliary driveway will require a separate driveway permit. Staff
recommends approval.
At this point of the meeting, City Attorney Robert Ginsburg swore in everyone who would
speak on any item that will be presented before the Planning and Zoning Commission
this evening.
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co° ails
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 1, 2010
MOTION by Dodd /Simmons to approve the accessory structure for 110 Douglas Avenue
with the condition that the structure contains banding to match the house.
ROLL CALL: Mr. Durr yes Mr. Dodd yes
Mr. Paul yes Mr. Cardinale yes
Mr. Simmons yes Mr. Hepler yes
Mr. Roth yes
The vote was 7 -0. Motion passed unanimously.
David Mahoney of Up to Code presented the application for a detached garage at 769
Barber Street. Ms. Bosworth reviewed the staff report. Due to the size of this garage it
does require landscaping around the structure. The applicant has said they are going to
supply 25 shrubs. There is no plan for an auxiliary driveway at this time.
Mr. Simmons asked about the height of the structure. Ms. Bosworth explained that the
survey submitted did not have any finished floor elevations. Based on the plans
submitted, the garage would be higher than the house by one foot. There was
discussion regarding the type of plants to be used for landscaping around the structure.
MOTION by Dodd /Durr to approve the accessory structure for 769 Barber Street.
ROLL CALL: Mr. Roth yes Mr. Dodd yes
Mr. Hepler yes Mr. Durr yes
Mr. Cardinale yes Mr. Simmons no
Mr. Paul yes
The vote was 6 -1. Motion passed.
B. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION
SEAWINDS FUNERAL HOME 735 FLEMING STREET ADDITION OF 500
SF TO AN EXISTING CREMATORY
Chmn. Paul asked that speakers limit their comments to five to seven minutes. Mr.
Ginsburg reviewed the application from January 7, 2010 when it was first presented to
and approved by this commission. The order was appealed to City Council on March 10,
2010, and had an extensive hearing. He asked Planning and Zoning Commission to
incorporate everything that took place before City Council, all the testimony and exhibits
there, into this record. He asked the commissioners vote to have the entire package
before them.
Chmn. Paul opened the quasi judicial hearing and asked for ex parte communication.
There was none. Mr. Ginsburg verified that everyone wishing to speak had been sworn
in earlier. He then asked the commission to consider a motion to incorporate the
testimony and evidence presented to the City Council into the current record before the
Planning and Zoning Commission.
SO MOVED Paul /Dodd.
2
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 1, 2010
ROLL CALL: Mr. Simmons yes Mr. Dodd yes
Mr. Cardinale yes Mr. Paul yes
Mr. Durr yes Mr. Hepler yes
Mr. Roth yes
The vote was 7 -0. Motion passed unanimously.
Mr. Buck Vocelle, attorney for Seawinds Funeral Home opened the presentation. He
reviewed the events that lead up to the application, from the fire in November 2009,
Planning and Zoning approval, the Elks appeal of that approval to City Council, and now
to the rehearing tonight. He noted that Seawinds could have rebuilt the crematory
exactly as it was but they requested to increase the crematory size by 500 SF and add a
second cremation unit. The P &Z commission added two conditions to those
recommended by staff, which were the addition of a two -hour fire wall in the chimney
area and also a chimney facade because the original fire did not start in the crematory
unit it started in the chimney area from radiating heat. It was determined that a two -hour
fire wall could not be done. The fire department came up with an alternate plan which
was surrounding the chimney area with a one -hour fire wall, which was acceptable to the
fire department and additionally placing a sprinkler on the top of the chimney and one
below.
Mr. Vocelle said after meeting with the exalted ruler and trustees of the Elks Lodge
today, there is an agreement with them. The terms of that agreement are to add the
sprinklers as just discussed and the one -hour fire wall around the chimneys. In order to
have the chimneys further away from the Elks lodge, we are flipping the actual
crematory units inside the building so that instead of the chimneys being on the north
side of the building they will now be on the south side. They would increase the chimney
size from two feet above the roof to five feet above as long as it can withstand the 140
mile per hour wind code. The applicant has also agreed to install a 24 -hour monitored
alarm system on the building itself.
Mr. James W. Young, owner and operator of Seawinds Funeral Home, responded to Mr.
Hepler's inquiry, stating that the new machine has a weight capacity of up to 800
pounds.
Mr. Luis Llorens, president of US Cremation Equipment, which is the manufacturer of the
new equipment, explained that the general population is larger and the new equipment
follows that trend. Mr. Suarez also answered technical questions regarding the
operation of the units.
Brian Nolan, Indian River County Fire Rescue Assistant Chief and County Fire Marshall,
described the sprinkler system proposed at the top and bottom of the chimney shafts as
a high temperature sprinkler head.
Randy Mosby of Mosby Smith Engineering stated that the project exceeds all codes and
they have come to an agreement with their neighbors. He made himself available to
answer any technical questions.
Ms. King reviewed the changes on this plan which addresses the concerns of this
commission, the city council, and the Elks Lodge. In conclusion staff recommends the
four conditions of approval, some of which had already been taken care of and some
3
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 1, 2010
have been from the first hearing of Janury 7, 2010, and staff also suggests it is your
choice to add the conditions that were mentioned by Mr. Vocelle which would be
redesigning the interior of the building to move the crematory units as far away from the
Elks building as possible which also means the stacks would be farther away, raising the
stacks to a five -foot above the height of their building as opposed to three feet, and the
third condition which is already on the site plan, the 24 -hour monitored alarm system.
Commissioners discussed the revised floor plan, the location of garage doors, trusses,
and ventilation. Asst. Chief Nolan expressed concerns with the ceiling being an
enclosed space and from a fire fighting standpoint; he would prefer it be open for
access. Mr. Mosby explained the ventilation system for the newer unit. He added that
there is no UL rating on a 2 -hour fire rated ceiling. He went on to explain that they are
isolating the roof structure from the mechanical component.
Mr. Vocelle said the agreement is not a written one but they do have a court reporter
present and would make it a formal agreement. Mr. Ginsburg added there will be a
written agreement within the order if the commission approves the proposal with the
conditions.
Chmn. Paul opened the public portion and asked for anyone in favor to speak.
Charles DeLauder, 831 Gladiola Avenue, Sebastian, most current past exalted ruler of
the Sebastian Elks Lodge and a member of the trustees. He confirmed the meeting with
Mr. Vocelle, some of the Elks trustees, the new exalted ruler and some of the members.
He stated they feel the proposal that was worked out is in their best interest. He asked if
there could be another condition added to not run the facility on Wednesdays during the
bingo hours of 12:00 noon to 4:00 p.m. Mr. Young stated he is in agreement with that
condition. Mr. Dodd questioned Mr. DeLauder if the majority of the Elks members are
satisfied with the conditions if this is approved and Mr. DeLauder said they were.
Chmn. Paul then asked for anyone in opposition to speak.
Damien Gilliams, 1623 US Hwy 1, asked for the code that this application is filed under.
Mr. Ginsburg interjected that in 2003 the applicant obtained site plan approval and now
they are asking for a modification of that existing site plan for an additional 500 sq. ft.
and that is what is before the commission. Mr. Gilliams also asked about the final PUD
plat.
Mr. Dodd read the March 6, 2003 record when the conditional use for the crematorium
was approved 5 -1. Ms. Grohall added what the applicant is asking for is permission to
build the additional 500 sq. ft. that is covered under the site plan review section, 54-4
18.3(b).
Ms. King distributed to each commissioner and read into the record a letter of opposition
from Maureen Mathewson who was unable to attend the meeting.
No one else came forward to speak. Chmn. Paul closed the public hearing.
Chmn. Paul asked the applicant to come forward to respond to questions made and be
available for other questions from the commission. Mr. Vocelle said there have been no
objections from the townhouse community proposed to the east. The attorney for the
4
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 1, 2010
Elks Lodge, Leon Nichols was present when Mr. Vocelle and the applicant met with the
members and presented the added conditions.
Ms. Grohall stated staff recommends approval with the four conditions noted in the staff
report and the additional conditions discussed. Mr. Ginsburg read all the conditions as
follows:
1. Provide St. Johns River Water Management District Permit, or letter of
exemption.
2. Comply with Department of Health comments regarding DEP Air Emissions
permit.
3. Final plat approval by City Council before a Certificate of Completion is
issued for the crematorium by the Building Department.
4. Provide 2 -hour fire -rated walls and two 1 -hour fire -rated exhaust shafts with
two sprinkler heads in each shaft: one sprinkler head shall be installed at the
top of each shaft and one sprinkler head shall be installed toward the bottom
portion of each shaft
5. Provide a fire alarm system with 24- hour /day monitoring.
6. Provide chimney stacks constructed 5 feet above the building, if the same
can be constructed to withstand a 140 mph wind load; the chimney stacks
shall be constructed on the South side of the building; an additional garage
door shall be installed on the South side of the building; and the new retorts
shall be relocated to the South side of the building's interior.
7. No cremations shall take place on Wednesdays between 12:00 noon and
4:00 p.m.
Commissioners gave final comments. Mr. Durr felt everything was in order. Mr. Dodd
said he did not agree with the 2003 decision to move the building location from the south
corner to the north corner of the site. Mr. Neuberger expressed concern about the
specifications on the units, the sprinkler system and shafts to be installed. Mr. Nolan
responded that the fire sprinkler company will be working with the engineer to present
plans to the contractors constructing the building. He added when the plans are
submitted to the Fire Department for review, the Fire Department will ensure that the
sprinkler system meets NFPA 13 requirements for the installation.
Answering Chmn. Paul's question about the final plat, Ms. Grohall said staff has
received the final plat. She added that the final plat has been reviewed and approved by
staff and is ready to move forward to city council. She also stated that the building
cannot receive a Certificate of Completion without the final plat approval from city
council, which is outlined in condition number 3. With no other comments from
commissioners, Chmn. Paul called for a motion.
MOTION by Simmons /Durr to approve the site plan minor modification by Seawinds
Funeral Home, 735 Fleming Street, for a 500 SF addition to an existing crematorium with
the conditions as read by Mr. Ginsburg and noted above:
5
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 1, 2010
Mr. Simmons commented that there would not be any Planning and Zoning approval
required if the applicant rebuilt exactly what was there however, by allowing them to
increase the size and requiring the additional safety equipment, the sprinklers, the
monitoring system, the fire rated wall, exhaust shaft, etc. represents a much needed
improvement over replacing what was there.
Mr. Paul asked Mr. Llorens what the heat around the actual unit would be. He replied
ambient to 100 degrees.
ROLL CALL: Mr. Roth yes Mr. Cardinale no
Mr. Paul yes Mr. Dodd yes
Mr. Hepler no Mr. Simmons yes
Mr. Durr yes
The vote was 5 -2. Motion passed.
CHAIRMAN MATTERS: NONE
MEMBERS MATTERS:
Mr. Hepler asked for the Barber Street project status. Ms. Grohall said construction is
due to start April 12 Phase I, the area between CR 512 and Tulip St. It then gradually
would move south. Mr. Dodd complimented everyone, especially staff, involved in the
workshop the previous week. Mr. Roth expressed his pleasure being on the commission
and also complimented the growth management staff for their knowledge, assistance
and teamwork. Mr. Simmons stated his agreement with the previous comments.
DIRECTOR MATTERS:
Ms. Grohall informed the commission on upcoming workshops; CRA workshop on April
7 at 5:30 p.m. in council chambers where they will be discussing the CRA master plan.
The second workshop is a City Council workshop on Wednesday, April 28 at 6:30 p.m.
where they may be discussing the park and recreation impact funds.
ATTORNEY MATTERS: NONE
Chmn. Paul adjourned the meeting at 9:30 p.m. (4/05/10 sb/)
6
CRYOF
HOME OF PELICAN ISLAND
Growth Management Department
Site Plan Approval Application Staff Report
1. Project Name: Seawinds Funeral Home and Crematorium
2. Requested Action: Proposed 500 SF addition to crematory
3. Project Location
a. Address: 735 Fleming Street
Sebastian, Florida 32958
b. Legal: See Site Plan
c. Indian River County Parcel Number: 31381300001000000001.0
4. Project Owner: Seawinds Real Estate Company, L.L.C.
735 Fleming Street
Sebastian, Florida 32958
(772) 589 -1933
5. Project Surveyor: Matthew Crowley, PSM
Treasure Coast Survey, Inc.
7803 North Boulevard
Ft. Pierce, FL 34951
(772) 567 -5775
6. Project Engineer: Randy Mosby
Mosby -Smith Engineering, Inc.
610 1 Street, Suite 102
Vero Beach, Florida 32962
(772) 299 -5705
7. Project Agent: Same as Above
8. Project Description
1
UPDATED
a. Narrative of proposed action: Seawinds Real Estate Company has
applied for site plan approval to increase the size of the crematorium by
500 SF. The original crematory, which was destroyed by fire in early
01
November, 2009, was 480 SF. With the addition, the new building is
proposed to total 980 SF. All setbacks will be maintained in accordance
with the original site plan. Even though two parking spaces will be
eliminated, the site will still provide more parking than the Land
Development Code requires.
b. Current Zoning: PUD -C
c. Adjacent Properties
d. Site Characteristics
(1)
(2)
(3)
(4)
(5)
(6)
(9)
Total Acreage:
Current Land Use(s):
Soil:
Vegetation:
Flood Hazard:
Water Service:
Sanitary Sewer Service:
Parks:
Police /Fire:
9. Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
2
Consistent
Consistent
Consistent
1.09 Ac
funeral home crematory
Eau Gallie
landscaped per site plan
Zone X
Indian River County Utilities
Indian River County Utilities
.65 miles to Garden Club Park
1.85 miles to Police Dept.
.85 miles to Fire Station
Zonin.
Current Land Use
Future Land Use
North:
PUD -C
Elks Club
CG
East:
PUD -C
Vacant (approved
townhouse
development)
CG
South:
PUD -C
Vacant
CG
West:
PUD -C
Retail Stores
CG
01
November, 2009, was 480 SF. With the addition, the new building is
proposed to total 980 SF. All setbacks will be maintained in accordance
with the original site plan. Even though two parking spaces will be
eliminated, the site will still provide more parking than the Land
Development Code requires.
b. Current Zoning: PUD -C
c. Adjacent Properties
d. Site Characteristics
(1)
(2)
(3)
(4)
(5)
(6)
(9)
Total Acreage:
Current Land Use(s):
Soil:
Vegetation:
Flood Hazard:
Water Service:
Sanitary Sewer Service:
Parks:
Police /Fire:
9. Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
2
Consistent
Consistent
Consistent
1.09 Ac
funeral home crematory
Eau Gallie
landscaped per site plan
Zone X
Indian River County Utilities
Indian River County Utilities
.65 miles to Garden Club Park
1.85 miles to Police Dept.
.85 miles to Fire Station
d. Public Facilities: Consistent
e. Coastal Management: Consistent
f. Conservation: Consistent
g. Recreation and Open Space: Consistent
10. Contents of Site Plan:
a. lot configuration: provided
b. finished ground floor elevation: provided
c. contours and designating number of dwelling units: N/A
d. square footage of site: 47,500 SF
e. building coverage: 7,244 SF 15.25% (980 SF for crematorium)
f. square footage of paved areas and open area: provided
paved 34,492 SF 72.6%
open 13,008 SF 27.4%
g. setbacks: provided
Side
Rear
The Land Development Code requires a minimum of 20 feet separating
structures. The distance separating the crematorium and the Elks Lodge
is 20 feet. The crematorium is 14 feet in height and the Elks Lodge is 25
feet in height.
h. scaled drawings of the sides, front and rear of the building or
structure: provided
i. generalized floor plan indicating uses and square footage of each
proposed use within each building or structure: provided
j. Building exterior construction materials and color: Addition to match
existing building
k. building height: provided
3
10'
10'
I. location and character of all outside facilities for waste disposal,
storage areas, or display: provided
m. location and dimensions of all curb cuts and driveways: provided
n. number of spaces with their location and dimensions: required 45,
provided 47 spaces 44 standard, 3 accessible). Construction of the
addition to the crematory will result in the elimination of 2 spaces from the
previously provided 49 spaces.
o. details of off street parking and loading areas (including
requirements of Sec 20A -8.1): provided
P.
q.
all off- street vehicular surfaces available for maneuvering: provided
surface materials: provided
r. number of employees: not provided
s. type of vehicles owned by the establishment: not provided
t. If there is a combined off- street parking facility, required
agreements: N/A
u. Location of all pedestrian walks, malls, yards and open spaces:
provided
v. location, size, character, and height or orientation of all signs:
provided
w. location and character of landscaped areas and recreation areas:
provided
x. location, design and character of all public, semi public, or private
utilities: provided
y. location, height and general character of perimeter or ornamental
walls, fences, landscaping: provided
z. surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided
aa. location of existing easements and right -of -way: provided
ab. Land survey with complete legal description prepared and certified
by a registered surveyor: provided
4
ac. Verified statement showing each and every individual person having
a legal and /or equitable ownership interest in the subject property:
provided
11. Site location and character of use: provided
12. Appearance site and structures:
a. harmonious overall design: yes
b. location and screening of mechanical equipment, utility hardware
and waste storage areas: yes
c. commercial and industrial activities conducted in enclosed
buildings: yes
d. exterior lighting: provided
13. Access, internal circulation, off- street parking and other traffic impacts:
a. internal circulation system design and access /egress
considerations: provided
b. separation of vehicular and pedestrian areas: provided
15. Open space and landscape (including the requirements of Sec. 20A -13.1
and Sec. 20A- 14.1):
a. Name, address and phone number of the owner and designer:
provided
b. North arrow, scale and date, minimum scale of one inch equals fifty
(50) feet: provided
c. Property lines, easements, and right -of -way with internal and property
line dimensions: provided
d. Location of existing or proposed utility service: provided
e. Location and size of any existing or proposed structures: provided
f. Location and size of any existing or proposed site features, such as
earthen mounds, swales, walls and water areas: provided
g.
Location and size of any existing or proposed vehicular use area:
provided
h. Location and size of any existing or proposed sidewalks, curbs, and
wheel stops: provided
5
i. Location of sprinkler heads, hose bibs, or quick cupplers and other
information on irrigation: not provided irrigation system has been
field designed
J•
Calculations of required type, dimensions and square footage of
landscape materials and of required landscape areas, including: total
site area, parking area, other vehicular use area, percentage of non
vehicular open space, perimeter and interior landscape strips, and
required number of trees: provided The Type "A" buffer has been
extended based on the new dimensions of the crematorium.
k. Location of required landscape areas and dimensions: provided
I. Location, name, height and size of all existing plant material to be
retained: N/A
m. Location, size, height and description of all landscape material
including name, quantity, quality, spacing, and specified size and
specification of all plant materials: provided
n. Height, width, type, material and location of all barriers of nonliving
material: provided
o. Location, dimensions and area of landscaping for freestanding signs:
provided
p. Show all landscaping, buildings, or other improvements on adjacent
property within five (5) feet of the common property line: provided
16. Required screening of abutting residential and nonresidential uses:
provided
17. Flood prone land and wetland preservation: provided
18: Surface water management: provided
19: Available potable water: Indian River County Utilities
20: Wastewater service: Indian River County Utilities
21: Soil erosion, sedimentation control and estuary protection: provided
22: Additional considerations: The original Seawinds Funeral Home site plan was
approved by the Planning and Zoning Commission on May 1, 1997. The
conditional use permit was approved on May 15, 1997. After several years of
operation, application was made for approval of a crematorium at the site as an
accessory use to the funeral home. That minor modification and conditional use
was approved by the Planning and Zoning Commission on March 6, 2003. The
first draft of the site plan had located the crematory in the southeast corner of the
6
property. The final approved plan included relocation of the crematory to the
northeast corner of the property, adjacent to the Elks Club property, so as to
minimize the impact to the potential residential development adjacent to the rear
of the property.
On November 4, 2009, there was a fire at the existing crematorium. Per our
Land Development Code, the owner has the right to rebuild the building exactly
as approved on the site plan dated March 6, 2003, with no additional site plan
review needed. However, the owner wishes to expand the building by an
additional 500 SF.
On January 7, 2010, the Planning and Zoning Commission held a public hearing
and approved the site plan modification by a 5 1 vote, with the four conditions
listed in the staff report dated 12 -29 -09 plus two additional conditions. Those
conditions are outlined below:
1. Provide St. Johns River Water Management District Permit, or
letter of exemption.
2. Comply with Department of Health comments regarding DEP Air
Emissions permit.
3. Comply with Building Department comments regarding
specifications for crematory and cooler.
4. Final plat approval by City Council before a Certificate of
Completion is issued for the crematorium by the Building
Department.
5. Add two -hour fire -rated wall and ceiling on the interior of the
building.
6. Include a chimney facade compatible to the building exterior,
subject to compliance of local and state building codes and
manufacturer code.
On February 1, 2010, the Elks Lodge, which is adjacent to this property, filed an
appeal of the Planning and Zoning approval. The appeal was heard by City
Council on March 10, 2010. The City Council neither upheld nor denied the
appeal. Their decision was to remand the site plan back to the Planning and
Zoning Commission for further review. Draft minutes of that meeting are
included in this packet.
Randy Mosby, engineer for the project, has resubmitted the site plan for further
consideration. In his letter dated March 23, 2010, he outlines the changes he
has made to the site plan since its original approval on January 7, 2010.
Condition No. 5 (noted above) regarding the 2 -hour fire rated ceiling has been
problematic and a potential solution has been suggested. The proposal is to
isolate the crematory exhaust with a 1 -hour rated exhaust shaft with one
sprinkler to be installed at the top and bottom of the shaft. The Fire Marshall and
the Building Director both concur with this design, and their written comments
are immediately following this staff report.
7
In response to Condition No. 6 (noted above), the equipment manufacturer does
not recommend the stack be covered with decorative materials. The letter from
US Cremation Equipment is attached for your review.
Staff has confirmed with Wayne Eseltine, Building Director, that Condition No. 3
(noted above) has been satisfied.
In response to comments by one of the Planning and Zoning Commissioners at
the January 7, 2010 meeting, a revised landscape plan has been included to
detail the as -built conditions of the landscaping. At staff's request, additional
dimensioning has been provided on the elevations on Sheet S -1. Also added is
a note that the building will be equipped with a fire alarm system that will be
monitored.
Other agency comments are again attached for your review (within the City
Council packet). For informational purposes, staff has included an aerial photo
of the property and a copy of the approved site plan for the proposed townhouse
development to the east of this site (also in the City Council packet). The
property immediately to the south will be developed commercially, and has no
site plan approval at this time. Photos of the exterior and interior of the
crematory (pre -fire) have also been included following this staff report.
23. Other Matters: Although this property is part of the Chesser's Gap
Planned Unit Development, it does not have a final plat. Last year during the site
plan process for the future townhouse development to the east, the City required
a "catch -up" plat to include a number of parcels in the PUD that had not been
final platted. Unfortunately, the Seawinds property did not join in with the "catch-
up" plat, but does need to complete the final plat process.
The Seawinds final plat application was received on December 23, 2009. It has
now been reviewed and all comments have been addressed. Staff is preparing
the final plat resolution for approval by City Council.
As before, staff recommends the site plan modification be approved with the
condition that the final plat be approved by City Council before a Certificate of
Completion is issued for the crematorium.
24. Conditional Use Permit: The conditional use permit has already been
granted for the crematorium. A condition of approval states the following:
"Screening: All side and rear yards abutting residential districts or uses shall be
screened in accordance with the standards established in section 54 -3 -14.16 of
this ordinance." In keeping with that condition, the mandatory Type "A" buffer
has been extended to accommodate the larger dimensions of the proposed
building.
25. Conclusion: The proposed project is consistent with the comprehensive plan,
land development code and code of ordinances.
26. Recommendation: Staff recommends approval of the Seawinds Crematory
Addition at 735 S. Fleming Street, subject to the following:
8
1. Provide St. Johns River Water Management District Permit, or letter
of exemption.
2. Comply with Department of Health comments regarding DEP Air
Emissions permit.
3. Final plat approval by City Council before a Certificate of Completion
is issued for the crematorium by the Building Department.
4. Provide 2 -hour fire -rated walls and 1 -hour fire rated exhaust
shaft with one sprinkler to be installed at the top and bottom of
the shaft.
PARED BY DATE
9
3-25 -/D
Alfred Minner
From: Brian Nolan [bnolan@ircgov.com]
Sent: Tuesday, March 09, 2010 11:26 AM
To: Alfred Minner
Cc: John King
Subject: Saewinds Crematory
Mr. Minner
This email is in reference to our march 8th discussion regarding the Seawinds Crematory.
As you know, we have reviewed the submitted building plans for the crematory and crematory machine. Upon
completion of our review, we found the need for additional fire protection features within the structure. The
additional fire protection features require that we receive a set of revised plans for further review.
We will be receiving revised plans today and will complete our review today as well.
We requested that the revised plans show the exhaust stack enclosed in a one (1) hour fire rated enclosure. In
addition to this, we are requiring one fire sprinkler head at the top of the enclosure and one fire sprinkler head
near the base of the enclosure. We believe that additional fire protection features will provide a reasonable
amount of fire protection. The contractor agreed to the additional fire protection features that are beyond what is
required by the National Fire Protection Association Code for a structure of this type.
The exhaust stack shall be installed according to Florida Building Code requirements and per manufacturer's
specifications. The Florida Building Code will address the height of the exhaust stack.
In addition, we have reviewed the Site Plan for the proposed structure and found that the plan showed an
adequate number of fire hydrants in the immediate area and easy access to the property for responding fire
apparatus. Water supply and building access for responding fire apparatus were the only two areas that were
addressed on our review of the site plan.
It should be noted that building distance setbacks in relation to property lines are of concern to Planning and
Zoning and are not part of the review process of the Fire Prevention Bureau.
I am satisfied that I have addressed all of the fire protection concerns that pertain to the Fire and Life Safety
Bureau. Should you have any questions, please contact me.
Brian Nolan, Fire Marshal
Indian River County Fire Rescue
3/10/2010
Date: 3/3/2010
To: Rebecca Grohall
Growth Management Director
From: Wayne Eseltine, CBO
Building Director
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589 -5537 FAX (772) 589 -2566
MEMORANDUM
Subject: Seawinds Crematory Building Permit Application
The proposed crematory replacement building located at 735 South Fleming St. was submitted for
building permit on 12/29/2009. The design of the building has undergone some revisions in and attempt
to meet the requirements set out by the City Planning and Zoning Commission.
For a building of this type and size with a distance separation of 10 feet or more from the property line,
the Florida Building Code does not require any additional fire- rating requirement for the walls or
ceiling. The Planning and Zoning Commission set out requirements for two hour rated walls and
ceilings. The plan submittals show concrete block walls which will provide the two hour fire rating,
however; the two hour rated roof /ceiling assemblies are not readily achievable and a two hour rated
roof /ceiling assembly is not required elsewhere in the building code for any building of any size or type.
Indian River County Fire Prevention plan review indicated that the National Fire Prevention Code
requires a building with this type of use to be fire sprinklered. Lieutenant Rich Marini, is the plans
examiner for this project for Indian River County Fire Department, he has indicated that they have
discussed this requirement with the applicant and have accepted an altemate method to provide a one
hour fire rated-shaft enclosure around the exhaust stacks of the equipment with a sprinkler head at the
top and bottom of the shaft enclosure. The latest plans have been revised to reflect these changes.
The crematorium equipment specifications were submitted for approval. Manufacturer's specifications
appear to meet building code requirements for the intended use. Additionally, the specifications require
minimum separation to combustible members around the equipment and the exhaust stacks. The
submitted plans show that these minimum separation requirements have been satisfied.
An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
Cremation
E
January 22, 2010
Mr. Randy Mosby, P.E.
Mosby Smith Engineering,Inc.
6101 Street, Ste. 102
Vero Beach, Florida 32962 -3602
Dear Mr. Mosby:
A Dha,k4./...141511Li
In response to your request to cover the stack with some decorative material this is not
recommended. The stack is lined with high temperature refractory and the exterior is
painted with high temperature black paint. As you will note from the enclosed drawing
we recommend a minimum of eight inch (8 clearance for the stack.
In addition, we recommend that the stack extend three feet (3') above the roof. Obviously
local codes will apply and our recommendations are minimum clearances.
I trust this information will be helpful, but don't hesitate to contact us if you have further
questions.
Sincerely,
Cal Wilkerson
U.S. Cremation Equipment
A division of:
370 S North Lake Blvd., Suite 1004 Altamonte Springs, Florida 32701 Phone: (321) 282 -7367, Fax: (321) 282 -7358
W W W.USCREMATIONEQUIPMENT.COM
arch 23, 201
s. Jan King
City of-Se astlan ;Growth Management Departmen
1 225 Main Street
Sebastian, Florida 32958
ubiecf Seawands Crematory;
.Sebastian, Florida
Engineer's P.N. 09 -185.
e it M
As discussed on the telephone; we are requesting Ghat the project be placed on theYpri
201.0 l�lann rxg and Zoning Commission Since the probe t vas originally approved, by
the Planning and.Zoning Comrhissron, the foliOwing changes Have been made
drawings and the requested revised drawings are, attached.
a S ince the 2 hour rated cerhng cjvas unachievable,' the crematory exhaust has been
isolated with a one hour rated= exhaust shaft with one sprinkler to be instal at
the top and_`bottoin of the shaft
b Revised elevations showing "t e exhuustshart
c Revised landscape plan `detailing the as built •conditions of the landscaping
d' A dimension has added on the elevation drawing dimensioning the ground to
the top of the roof line.
e. A note has been a dded. -to the buildixig drawing stating the'colors and marerials of
the crematory match the funeral home:
We hope with this letter, you ill proceed withiplacinL us on the April 1, 2010:
Planning and Zoning. Coin ission meeting.- Should you require. further inform
please call
1
v
Rand L. Mosby, P.E
,MOSBY- -SMITH ENGINEERING, INC.
CIVIL /STRUCTURAL /ENVIRONMENTAL CONSULTING ENGINEERS
610 1st Street, Suite 102 Vero Beach, Florida 32962 Phone (772) 299 -5705 Fax (772) 299 -5704
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DETAILS
AND NOTES
Mosby -Smith
ENGINEERING, INC.
CIVIL/STRUCTURAL/ENVIRONMENTAL CONSULTING ENGINEERS
610 1ST STREET, ANTE 102 CA 029567 PHONE (772) 209 5705
HERO BEACH, FLORIDA 32962 FAX (772) 299-5704
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Regular City Council Meeting
March 10, 2010
Page Four
Mayor Gillmor asked about the different prices depicted in the agenda packet on circle
pages 307 and 315.
The City Manager explained the initial proposed price was $42,486 with their offer of
cutting off $10,000 if they don't perform so he asked them to cut $5,000 off right away to
which they agreed.
Mr. Wright said Outlier Planning did a fine job with their proposal.
Public Comment
Damien Gilliams, 1623 US Highway 1, said it sounds like the City can save another $5,000
and asked if it was budgeted. The City Manager confirmed it was budgeted at $50,000.
MOTION by Mr. Wolff and SECOND by Mr. Wright to approve the agreement with
Outlier Planning staff and author the City Manager to execute the attached agreement.
Ms. Coy thanked the Outlier Planning Group for their negotiations, and noted the local
groups were almost double the price.
Result of the roll call vote:
Ayes: All
Nays: None
Motion carried.
10.045 B. A. Appeal of Approval by the Planning Zoning Commission on January 7, 2010
of a Site Plan Modification for the Seawinds Real Estate Company, LLC
Crematory Located at 735 S. Fleming Street
61 62 (Memorandum from City Attorney)
63 196 (GMD Transmittal, Exhibits A -G)
DRAFT
The City Attorney read the title and explained the Planning and Zoning
Commission's decision was on circle pages 65 and 66 from which the appeal
was taken.
The City Attorney swore in those who intended to address Council.
Mayor Gillmor disclosed that he received a letter that is in the packet.
The City Attorney asked Council if there were there any other communications to
them.
Mr. Wright disclosed that he and Sam Coburn are members of the Rotary Club
and he is a member of the Elks Club; but he has not discussed this issue with
any parties.
Mr. Wolff said he had an e-mail from the City Clerk and received a voice
message from Gene Heitzman though he did not respond.
.,Regular City Council Meeting
March 10, 2010
Page Five
7:37 pm
Appellant's Presentation
The City Attorney asked Mr. Wright if he was a director or equivalent of a director
or officer with the Elks. He said he was not, only a member. The City Attorney
advised that he did not have a conflict of interest, but asked him if he had the
ability to be impartial. He said he did.
The City Attorney advised that the key to the proceeding was to have the ability
t� be neutral and impartial, and rule on the evidence before them as well as what
might be presented. He asked Council if they believed that they had that ability
despite any e- mails, voice messages or correspondence they might have
received. All Council Members agreed that they did.
The City Attorney asked each side who is represented by an attorney, or
anybody present, if they have any objection to what has been disclosed. No one
responded to the City Attorney.
DRAFT
Leon Nichols, Attorney representing the B.P.O. E. Elks Lodge #2174 (hereafter
Lodge), said they have filed the appeal based on a terrible fire that occurred at
the crematory that would have spread to the Lodge if the wind had been blowing
from the south. He said the crematory is 20 feet from the Lodge and at the time
of the fire, there were over 100 people at the Lodge playing bingo. He requests
that the crematory be constructed where it won't be an endangerment to a
populous area such as the Lodge.
He described the improvements planned for the new larger crematory and read
Chief Morris' letter (circle page 83) suggesting the relocation to the other side of
the building. He said the 2003 Planning and Zoning Commission relied on calling
the crematory an accessory structure to receive approval; and he read Attorney
Stringer's comments regarding conditional use on circle page 136 noting they
retied on the structure's convenience to the funeral home for approval.
Mr. Hill clarified that Mr. Stringer was the City Attorney, and he was representing
the City at that time.
Mr. Nichols continued, citing circle page 109, to describe the events of the fire
and said he has developed the following opinions based on his education and
experience: the fire was an accidental event; the origin was in the roof assembly;
the first fuel ignited was ordinary combustibles of roof assembly; ignition of the
first fuel was the result of excessive heat transfer radiated and or conducted from
the emissions vent stack by the pipe assembly; failure to monitor the chamber
resulted in excessive heat conditions. He asked who is to say this won't happen
again.
He cited the Dept. of Environmental Regulation (DEP)warning letter regarding
the funeral homes tardiness of their visible emission test pointing out they aren't
even following state guidelines.
The City Attorney said staff identifies what is before Council, then Council can
question staff, those who support the appeal would then address Council.
:,Regular City Council Meeting
March 10, 2010
Page Six
7:44 pm
The Growth Management Director said proposed site meets the LDC
requirements therefore staff recommended approval and initially both the City's
Building Dept. and the County's Fire Dept. were satisfied that all fire protection
concerns were addressed. She said DEP would require re- licerisure. She
the Planning Zoning Commission approved the modification with six conditions,
citing circle page 172 and the applicant is requesting a modification of condition
number six but the Building Dept. and Fire Dept. have approved the modification.
Ms. Coy asked if the modification include the March 10 e -mail from Brian Nolan
stating the need for additional fire protection measures are needed within the
structure, and then read from the e -mail.
The City Attorney said was addressed to the City Manager yesterday, and since
it has come in subsequent to the record, the Mayor as Chairman should rule if
the e-mail is acceptable as evidence. Mayor Gilimor asked what he wou
FT advise.
The City Attorney said he would accept it because the issue was discussed and it
is relevant, but he noted Council has the ability to overrule his decision.
Mr. Wright said Council's review without that piece of evidence would be
premature. He noted the e-mail requires a revised set of plans and he asked
how they can make any decision on this without them.
The Growth Management Director said the applicant has not yet modified the
plans because if they did they wouldn't comply with the P Z approval from
January.
The City Attorney said the first step is for the Mayor to decide if the e-mail from
Chief Nolan (attached) can supplement the record. Mayor Gillmor said for the
record the Nolan e-mail can supplement the record.
Mr. Wolff said the e-mail implies the Fire Dept. has done their fiduciary duty, and
when the body was put in at 890', which conflicts with statements from funeral
home that the crematory was preheated to 1600' he said he was surprised that
the Fire Dept. didn't question this as it could have been cause of the fire. He
noted the conflicts on circle pages 169 and 170.
The Growth Management Director said it was her understanding that when the
body was put in it was 890', she believed the unit heats up to 1600' and offered
a representative from the funeral home to answer any questions.
Mr. Wolff said his point was if the Fire Dept overlooked something as significant
as that, how are we to trust the single sprinkler and one -hour fire rated drywall is
going to correct what the situation calls for.
The City Attorney suggested inviting anyone supporting the appeal to speak at
this point and then Council can ask any questions of all parties and then Council
can hold their discussion.
,Regular City Council Meeting
March 10, 2010
Page Seven
7 :49 pm Charles Delauder, Exhalted Ruler of the Sebastian Elks Lodge, 831 Gladiola
Avenue, described the events of the fire, noting he had called 911 to report the
crematory was completely engulfed inflames and no one from the funeral home
was in sight. He said the crematory was built right outside the fire exit of the
Lodge and if the wind was blowing as it was last week, they would have had
severe damage to the Lodge.
Mr. Delauder read from a January 6, 2009 fire report to which car eight was
dispatched. The respondent noticed smoke and a red orange glow from the
exhaust at the crematory. The respondent met with a crematory employee who
reported the cremation was preceding "10/4 Mr. Delauder said they were
having a meeting at the Lodge and went out to talk to the employee who said he
was buming trash, noting there had been previous statements that the re ularly
burn trash. He asked for Council's consideration.
Andrew Simso, 1569 Ocean Cove Street, said he would like the public to see the
pictures on the overhead. Mayor Gillmor pointed out the public was not making
decision and Council had the pictures. In response to the Mayor, Council
indicated the display was not necessary. Mr. Simso provided materials to the
City Clerk who gave them to the City Attorney to ascertain whether they could be
accepted as evidence.
Mr. Simso said the Lodge has a tree 18 feet to the west of the crematory and the
Lodge's eaves are only 14 feet from crematory and if the wind was blowing from
the south to the north the building would have been in extreme danger.
Mr. Simso said EPA regulations state cremation should not begin until secondary
chamber temperature is equal to or up to 1600` and leaving the body unattended
at 800' was a violation. He said he had letters and signatures referring to
incidences of black smoke, sparks and odors. He said under oath, Mr. Young
testified to P Z that there was no smoke.
Buck Vocelle, Attorney representing the funeral home said the Mr. Simso's
information was outside the record.
The City Attorney said the Mayor has the ability decide if his information should
be included and he asked Mr. Simso if what he was reading was presented to P
Z and Mr. Simso said it was not, but he brought it because P Z said they had
brought nothing in writing.
Mayor Gilimor advised Mr. Simso's five minutes had expired and reminded that
he would strictly adhere to the five minute rule and the speakers should not
repeat themselves.
Madelyn Walsh, 14 year City resident, 10 year Elks member, said when they
originally built the crematory the funeral home assured the Lodge there would not
be odors, smoke and ashes and she has personally seen smoke, ashes and a
gurney pushed into the crematory. She said rebuilding the crematory twice as
big is twice the risk than what they had before. She said the crematory should be
rebuilt behind the funeral home, away from the Lodge and it was about being a
good neighbor.
Regular City Council Meeting
March 10, 2010
Page Eight
Greg Golien, 711 Wimbrow Drive, Elks member, said he cannot understand how
a city as nice as Sebastian can have burning bodies in residential /commercial
area.
8.:18 pm
Eric Fischer, 69 Fischer Hammock Road, said he attended the 2003 meeting with
his father, Dr. Henry Fischer, Sebastian General Partnership, where there was
opposition to the crematory. He said they still own land adjacent to the funeral
home and relocating it to the north side by the funeral home with a sprin
system or state -of -the -art alarm system would be appeasable.
Ms. Coy said the record reflects Dr. Fischer had objections, and she asked about
the recreation tract near the townhouses_ Mr. Fischer said his father sold the
townhouses, and their vacant land touches the Seawinds property as well as the
townhouse property. Ms. Coy asked if they objected to moving the crematory
south to abut their vacant land. Mr. Fischer replied they do object as they have
plans for the property.
Damien Gilliams said he lived within walking distance of the Lodge and asked the
Growth Management Director if the crematory was part of the 1997 and 2003
PUD site plan approval.
The Growth Management Director said it was. Mr. Hill called for a point of order
and asked Mayor Gillmor if they were allowing members of the public to question
staff and if they were, Mr. Hill asked that the staff be allowed to answer without
interruption. Mayor Gillmor said he would allow it at this point and asked Mr.
Gilliams to allow the Growth Management Director to respond. He asked Mr.
Gilliams to repeat his question.
Mr_ Gilliams said the minute's show it just came for plat approval this year, the
2003 site plan with a conditional site plan hasn't been caught up.
The Growth Management Director said Mr. Gilliams was referring to the
commercial PUD which should have been final platted as the pieces were
developed but was platted in last year's "catch up plat this piece remained
unplatted but it is part of the PUD and they are filing a final plat for presentation
in the near future and there is a condition that they receive final plat approval
before Council before they receive their certificate of occupancy.
Mr. Gilliams said the site plan does not indicate a drainage plan. The Growth
Manager Director said the PUD has a storm water master plan in effect at this
time and was not overlooked.
Mr. Gilliams said the crematory belongs in an industrial area and should be sent
back to P Z. Mayor Gillmor advised him that his time was up.
Mayor Gillmor said the record should reflect that ample time was given for those
to speak in favor of the appeal.
The City Attorney advised the appellee should make their presentation.
Regular City Council Meeting
March 10, 2010
Page Nine
Buck Vocelle, Attorney, 3333 20` Street, Vero Beach, representing Seawinds
thanked the Elks members and Mr. Fischer for their comments. He introduced
Jim Young, Seawinds Funeral Home; Engineer, Randy Mosby; and
Environmental Specialist and Chemical Engineer, Louis Lorenz. DRAFT
Mr. Vocelle said he wanted to address Mr. Wolffs concern. He said the fire
report said the fire resulted from radiating heat transfer to roof, not a malfunction
of the unit itself and those concems have been addressed between the applicant,
staff and the Fire Dept. He said the plans have been submitted in accordance to
the fire marshal's direction. He continued to say they have an existing use and
would not have had to come to Council if it stayed the same size. He pointed out
that staff considers the project a minor site plan modification; and it is consistent
with the CLUP, the Land Development Code, and Code.
He said it is ancillary use and doesn't require a separate operator under state
law, the new machine does have an auto shut off and is more efficient than the
old machine, and during the exchange of bodies the temperature is lowered.
Mr. Vocelle cited some of the Elks points listed on Exhibit D that the funeral
home has been good neighbor, some employees are Elks members, and they
donate to Elks fundraisers. He said they have gone over and above with the
sprinkler system trying to make it as safe as possible and the DEP requirement
for air quality testing would not have prevented fire in any way, shape, or form.
He introduced Mr. Young.
James W. Young, Owner of Seawinds Funeral Home, 1310 River Reach Drive,
Vero Beach, said he has owned and operated funeral homes since he was age
23 and this is the first building that he has been involved in with a fire. He said
they have met the requirements, purchasing a state of art machine and there is a
need for a crematory in Sebastian.
Mayor Gilimor asked him how many funeral homes he owns and Mr. Young said
three. Mayor Gilimor asked if the others had crematories and Mr. Young said no,
all the cremations take place at the Sebastian facility.
Ms. Coy pointed out that he is asking to be exempt from one of P Z
requirements. Mr. Young offered to have Mr. Mosby speak to their request. He
asked Council for their approval.
Mr. Wright said he was concerned with the fire potential and the fact that an Elk
member made the emergency call instead of a crematory employee. He asked
for confirmation of their intent to comply with Chief Nolan's recommendations.
Randy Mosby, Mosby, Smith Engineering Inc., 610 First Street, Vero Beach, said
P Z's fifth condition cannot be met as a two -hour UL fire rating for ceilings is
not available. He said working closely with the Fire Dept. and the Building
Director they have come up with an acceptable alternative where the exhaust
comes through ceiling and the wood trusses are built around it so there is a
clearance form the stack. He said the drawings have been revised and
resubmitted to show a one -hour firewall inside the shaft with the sprinklers on the
top and bottom of the building as required by the Fire. Dept.
Regular City Council Meeting
March 10, 2010
Page Ten
8:36 pm
Mr. Wright said he was concerned with the time it took for response to the fire
and asked if the Fire Dept. can be notified instantly by way of alarm system. Mr.
Mosby replied there is no plan for an alarm and that is not required by any code.
Mr. Wolff asked what was the objection to the wall between the two properties.
Mr. Mosby said there was no objection, noting there are landscape buffers and
the building exceeded building codes in every way.{ FT
Ms. Coy asked for confirmation that Mr. Mosby built the original building and he
said he designed all of Chesser's Gap. She pointed out that he probably stated
at that time the equipment was state -of -the -art and she asked what is different
today. Mr. Mosby said the environmentalist can address the equipment; the
improved building has more fire protection.
Ms. Coy said she understands there are submitted new plans but from her
experience, it would be difficult for her to approve this without seeing the revised
plans.
The Growth Management Director clarified the revised plans are the building
construction documents submitted for the building permit, there is not a revised
site plan.
Mr. Wright said he has a similar concern as Ms. Coy that there is no indication
that Chief Nolan has received the revised plan. He asked the Growth
Management Director if she had been in contact with Chief Nolan.
Mr. Wright said that is the crux of the problem and he didn't have a problem
relying on City Manager who says he has spoken to Chief Nolan.
Ms. Coy cited Chief Nolan's e-mail, "We will be receiving revised plans today and
we will complete our review today She pointed out if it was approved the letter
would read something like, "Congratulations it meets our approval," but the letter
speaks to the future.
The Growth Management Director said the Building Dept. does check for that too
and will not issue a permit until the six conditions are met as well as the Fire
Dept.'s concem. She offered to add the Fire Dept.'s approval as one of the
conditions.
Mr. Vocelle asked the City Attorney how the modification of this condition affects
the Council's decision. The City Attorney outlined his recommendations on circle
page 62, once the hearing is concluded; there are options to resolve the issue.
He said it could be done in one vote or two but it can wait until Council is ready to
make a motion.
The City Manager said he spoke to Chief Nolan on Tuesday who did review the
plans, and found them to code and in some spots above the code and since the
two hour fire ceiling cannot be met, the City went with the sprinkler option. He
suggested Chief Nolan may want to rewrite his memo stated he has reviewed the
plans.
Regular City Council Meeting
March 10, 2010
Page Eleven
8:51 pm
Mr. Wolff said if there was a disciplinary hearing and was Mr. Coburn disciplined.
Mr. Young said he was not, the state conducted an investigation, and it was an
accident.
Mr. Wolff said since the crematory was unmanned and the new facility will hold
25 remains unattended, he asked what the standard operating procedure would
be for security.
Mr. Young said they are planning to monitor the new facility with cameras and
there is pretty much a Sebastian police car in their parking lot at all times.
Mr. Wolff asked at what point it would become a major site plan modification.
The Growth Management Director said when looking at the square footage of
what the addition is, that this could have been done administratively but staff
knew it would be a hot button issue and planned for the hearing. She also
pointed out In 2003 it was determined the crematory is subservient to the funeral
home and considered an accessory structure.
Mr. Wolff asked if it was operated as a stand alone would it still be considered an
accessory. She said probably not as the City's code does not really address
crematories but she did speak to the County which allows crematories in
commercial general with no additional setback.
Louis Lorenz, President, Al Environmental Services, said crematories are
normally two chambers. The primarily chamber turns the body into a gas, and
the second chamber is reheated to a minimum 1600 He said the machine is
older and the newer machine will be computer controlled.
Mr_ Wolff said the minutes mention people seeing smoke and the funeral home
reports that is the cardboard casket that smokes. He asked about odors.
Mr. Lorenz said the older machines such as this, built in the 80's, have smaller
pollution control devices and as people are becoming larger, the newer
chambers are bigger with better controls to tum the body to gas. He said he
tested the machine and it passed the emission test and he did not notice any
odors during his test but he noted he is not present at every cremation. He said
the newer machines are well sealed with about four or five inches between the
outer and inner wall where the older machines only have two inches causing it to
run much hotter, and with new machines smoke and odor are negligible.
Ms. Coy asked if the crematory was used. Mr. Young said it was a used
machine that was refurbished by the manufacturer.
Ms. Coy asked Mr. Lorenz if he was employed by the owner. Mr. Lorenz said he
is the environmental consultant for Seawinds and was contracted to complete the
emissions test.
Mr. Lorenz confirmed for Mr. Wright that he would test the new machine after
installation, and confirmed that the new machine would not be a refurbished
machine.
Regular City Council Meeting
March 10, 2010
Page Twelve
Mayor Gillmor called for a recess at 9:01 p.m. and reconvened the meeting at 9:13 p.m.,
all members were present.
Mr. Young said at the time of the DEP violation, he thought inspections were
required every two years, the crematory did pass inspection and they were fined
because of the lateness of the emissions testing.
Mr. VoceIle noted this could have been handled as a staff matter, said the funeral
home has attempted to meet all of the requirements, cited the P Z conditions
on circle page 66, and requested approval with the modification of condition
number five as indicated in Chief Nolan's e -mail. DRAF
There was no input in opposition of the appeal.
Mayor Gillmor called for the appellant's rebuttal to any comments or testimony.
Mr. Nichols said the Elks are not challenging the equipment, but the location
which has been the issue since 2003. He said that it needs to be relocated, and
there is nothing in the code that provides for crematories.
Ms. Coy asked the City Attorney if there is anything that says we cannot revoke
the ancillary use. The City Attorney said there is an approved site plan, and you
are here to consider doubling the size of the unit.
Mr. Wright reconfirmed that the decision needs to be based on its meets the
building code, the comp plan, the safety requirements of the Fire and Building
Departments and the City Attorney said that is essentially it. He also noted that
although the size will be bigger, the equipment is going to be a lot more efficient
and safer.
Mayor Gillmor said he takes objection that it is minor site plan, it is not just for
serving the Sebastian funeral home because if it were there would not be a need
to double.
MOTION by Mayor Gillmor to approve the appeal, and reverse the action of the P
Z Commission.
Mr. Wolff asked if his motion was based on his contesting it is a minor site plan
and is Council able to deliberate whether it is major or minor. The City Attorney
advised it being a minor site plan defined in code, in this particular case, it
doubles the size, but it is still within the code and shouldn't be the basis for the
determination.
Mr. Wolff asked the City Attorney what merits are lacking that they can make a
determination on. The City Attorney responded that they have an extensive
record that was prepared by P Z, records from the Growth Management
Department, what was presented today as well as argument, the supplemented
document. He said they are the equivalent of an appellate court.
Mayor Gillmor directed Mr. Wolff to circle page 62 as to where they can go
legally.
Regular City Council Meeting
March 10, 2010
Page Thirteen
The Motion died for lack of a second.
In response to questions from Council Members, the City Attorney said they are
judging whether P Z was correct in their approval, and if Council allows the
expansion, they can modify the conditions that were imposed, however if they
uphold the appeal, he did not see how they could impose additional conditions.
He advised that if the appeal is upheld there could be court proceedings to get
the expansion or the owner could build on the existing footprint as a roved in
2003. DA FT
The City Attorney advised Council can't be arbitrary. He said the expansion
meets the master plan, the building code, the code, but there was a fire. He said
on the other hand the appeal is not frivolous, there are issues that could lead a
deliberative body to decide that there are certain factors they can rely on to say
they don't want the expansion.
Mayor Gilimor said he understands they have the right to rebuild, but they want
to double the size and his concern is the safety of the Elks. He said the stack are
below the roofline of the Lodge and they haven't been raised in the new design;
and a wind from the north will have some issues. He said there are considerable
reasons not to approve the doubling the size.
Mr. Wolff said it was too bad they couldn't relocate to the Airport. He said to put
it back with such intensive use in that corner, he wished we could find another
locations.
Mr. Wright said he is concerned with the safety of Elks Lodge, but codes, fire
protection, and comp plan are being met, and he said he didn't think he was
allowed to rule in favor of the appeal based on emotional feeling although he is
allowed to have those feelings. RAF
Mr. Wolff asked about standard operating procedures noting no one is in
attendance. Mr. Wright said the owner said there will be cameras. Mr. Wolff said
someone is needed to monitor the cameras.
Mr. Hill said there are requirements for these type of facilities and no one has
presented that they are not meeting requirements. He said Council is an
appellant body, they need to keep the emotion out, and what he feels about the
Elks doesn't matter.
Mr. Wolff said they have the opportunity to add any conditions that might improve
the quality of life for the citizens and he asked if there was something they would
like to see that the state isn't covering.
Mr. Hill said they could not add anything impossible to attain.
The City Attorney advised that if Council decides to reject the appeal and decides
to look at conditions, there is condition number five that needs to be addressed.
Regular City Council Meeting
March 10, 2010
Page Fourteen
Ms. Coy asked Mr. Young if there were written standard operating procedures for
the crematory.
Mr. Young responded that when they purchased the machine they had a training
session by the manufacturer. Ms. Coy cited the manufacturer's operating
procedures on circle page 176. Mr. Young said the new machine is computer
operated, it comes with operating manual. Ms. Coy said there will still be rules to
follow and asked if they complied with all of the operating procedures. Mr.
Young said they did.
Ms. Coy agreed that Council does have to separate the emotion but she was
driving by and couldn't believe what she saw and compounding that with a
crematorium, she said certain things had to occur to prevent public view of some
unpleasant situations. She said they are allowed to look at safety issues and
based on the historical record she was not comfortable taking the same small
space and more than doubling the expectations.
MOTION by Coy and SECOND by Mayor Gillmor to approve the appeal to P
Z's decision.
Result of the roll call vote:
AYES: Wolff, Gillmor, Coy
NAYS: Wright, Hill
Motion failed as the LDC requires four affirmative votes.
FT
Mayor Gillmor cited the recommendations that the Elks members would like to
see on circle page 99, emphasizing they have a duty to keep members safe.
MOTION by Gillmor and SECOND by Mr. Hill to approve option 2B to modify
the conditions imposed by P Z to include: Chief Nolan's recommendations,
raise the smoke stake; and install a small barrier wall between the two buildings.
The City Attorney advised if Council is so inclined, they should do it in two
motions: (1A) to reject the appeal and reaffirm the action by P Z; and then (2B)
to add conditions.
Mayor Gillmor and Mr. Hill agreed to amend their motion as advised by the City
Attorney.
MOTION by Mr. Wolff and SECOND by Mr. Hill to extend meeting passed with a
voice vote of 5 -0.
Mr. Wolff said the engineer should advise if the stack can be raised. The City
Manager said the request to raise the stack is similar to the P Z requesting the
two hour fire ceiling because there is a building code that stipulate the stack has
to be three feet above the roof line so the stack height will be guided by the
building and the code and Council was asking them to supersede that.
The Growth Management Director asked what wall height Council would like to
see. Mayor Gillmor said the wall would have to be above the eaves line of the
Elks.
Regular City Council Meeting
March 10, 2010
Page Fifteen
The Growth Management Director said that would be 12 -14 feet and in response
to the applicant she said that size would be considered a structure and have to
meet setback.
Mr. Hill WITHDREW his SECOND on the motion. The City Attorney said the
height could be specified in the motion.
Mayor Gillmor said he would like to revise his motion. The City Attorney advised
that this would be the 2B MOTION to apply P Z's conditions and modifying
condition number five, in addition to adding the 10 foot high wall between the
buildings.
Mr. Hill questioned the need for the wall.
RAFT
For the record, the City Attorney clarified there was an original motion to reject
the appeal and affirm the action of P Z; and a second motion to modify the P
Z conditions with the addition of the wall. The Clerk stated that Mr. Hill
subsequently withdrew his second to the motions. Mr. Hill confirmed that he had
withdrawn his second.
MOTION by Ms. Coy and SECOND by Mayor Gillmor to remand to P Z for
further consideration, no action would be taken on the appeal.
Mr. Hill asked if P Z has the ability to change its decision and the City Attorney
said yes_
Mr. Vocelle said that Mr. Young did not want to go back to P Z, will accept the
10 foot wall as proposed, and, if possible, install a fire alarm through telephone
line on the building.
Mr. Wright noted that Mr. Young is willing to accept all of the modifications and
sending this back to P Z does not make sense.
Mr_ Nichols said he did not think it was made clear that with a majority vote,
Council may either reject the appeal and affirm the action of P &Z or remand to P
Z for further consideration.
Result of the roll call vote:
AYES: Gillmor, Coy, Wolff
NAYS: Wright, Hill
Motion carried, no supermajority vote required to send back to P Z.
10. UNFINISHED BUSINESS
10.033 A. Collier Creek Dock, Fencing, Landscaping Guidelines (City Manager
197 -203 Transmittal, Draft Policy, Letter, LDR 54- 3- 11.4(f)(14))
The City Manager explained staff's plan included a Building Dept. permitted plan,
centered on the property, and two feet away from the dock.
Q'YOF
HOME OF PELICAN ISLAND
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589 -5330 FAX (772) 589 -5570
MEMORANDUM
Date: February 24, 2010
TO: Honorable Mayor and Members of the City Council
FROM: Robert A. Ginsburg, City Attorney���'
RE: Seawinds Funeral Home /Crematory For City Council Agenda 3/10/10
This matter comes before the Council pursuant to Land Development Code, (LDC) §54-
1- 2.4(g) as an appeal of the Planning Zoning Commission, approval with conditions, of
the site plan application:
(g) Appeals of planning and zoning commission decisions to the city council.
(4) Scope of review by city council. In reviewing an appeal of a final order or a
decision of the planning and zoning commission, the city council shall be limited
to review of the testimony, documents, plans, papers or other materials
constituting the record upon which the action was taken. The city council may,
upon appeal, reverse or affirm wholly or partly, or modify the order, requirement,
decision, or determination made by the planning and zoning commission and may
make any necessary further order, requirements, decisions or determinations
respecting the subject of the appeal and, to that end, shall have all the powers of
the planning and zoning commission respecting such matter. The concurring vote
of no less than four members of the city council shall be necessary to reverse or
modify any order, requirement, decision or determination of the planning and
zoning commission.
Appearance and argument. At any hearing upon any matter subject to the
provisions of this code, the appellant seeking review by the city council and any
other party desiring to be heard may appear in person, by agent or by attorney.
The appellant shall be entitled to make an initial presentation respecting the
(5)
/0 vas
G1
appeal, and at the conclusion of presentations or statements by all other parties,
shall be entitled to offer a statement in rebuttal to such presentations if the
appellant so desires. The presiding officer may, at the commencement of the
hearing, or at any time during such hearing, require that parties desiring to make a
presentation identify themselves, and may specify the time to be allowed for each
party to make such presentation.
The LDC calls for the Council to consider the appeal on the record the testimony and
exhibits- presented to the Planning and Zoning Commission.
RECOMMENDED ACTION:
1. With a majority vote, the City Council may either:
(A) Reject the appeal and affirm the action of P Z, or
(B) Remand to P Z for further consideration, or
2. With a vote of at least four members, the City Council may either:
(A) Approve the appeal and reverse the action of P Z, or
(B) Modify the conditions imposed by P Z incident to it's approval of the
application.
Subject: Appeal of Planning Zoning
Approval of Seawinds Crematory Site Plan
Modification
Ap rov i or Submittal by: City Manager
Agenda No. l 0. 0 14 5
Department Origin:
City Manager:
City Attorney:
City Clerk:
Growth Management
Date Submitted: March 3, 2010
For Agenda of: March 10, 2010
1 'nner
Exhibits: Planning and Zoning Order (Exhibit A); P Z Minutes of 1 -7 -10 (Exhibit B); P Z
Agenda Packet of 1 -7 -10. (Exhibit C); Exhibits presented at 1 -7 -10 hearing (Exhibit D); Letter of
appeal dated 1 -29 -10 with additional appellant backup (Exhibit E); Information from DEP
regarding complaints and DEP licensing requirements (Exhibit F); Mosby -Smith letter requesting
modification of a condition of approval (Exhibit G).
EXPENDITURE REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION REQUIRED:
None
HOME OF PELICAN ISLAND
SUMMARY
The Seawinds Funeral Home was approved and constructed in 1997. A site
modification and conditional use was approved in 2003 to allow the construction of a
crematory on the property. In November of 2009 the crematory was destroyed by fire.
Reconstruction of the facility as approved in 2003 plan is permitted without any
additional site plan review. However, the owner would like to replace the crematory
with a building that is 500 square feet bigger and requested approval for a site plan
modification.
The site modification was presented to the Planning and Zoning Commission on
January 7, 2010, where it was approved by a 5 -1 vote. Their approval and conditions
are outlined in Exhibit A. The minutes of the meeting are presented as Exhibit B. The
site plan modification materials in the Planning and Zoning package are Exhibit C.
Exhibit D is a package of materials presented by opponents of the project and materials
presented by the applicant.
Attorney Leon Nichols, a member of the Elks Lodge, has filed an appeal of the Planning
and Zoning Commission decision (Exhibit E).
Included in your backup is material from the Department of Environmental Protection
that had been discussed at the meeting (Exhibit F) regarding complaints and licensing
requirements fulfilling Condition of Approval #2.
Seawinds is requesting a modification of the Condition of Approval #5 which states,
"Add a two -hour fire -rated wall and ceiling on the interior of the building." The applicant
is finding it difficult to find a UL rated ceiling. The applicant has worked with the Fire
Department and the Building Department to find an alternative. Seawinds is proposing
to enclose the exhaust stack with a one hour rated fire wall and have one sprinkler head
at the top and bottom of the enclosure as outlined in their letter (Exhibit G). The
Building Department Director Wayne Eseltine is unable to attend the meeting, but has
attached his comments.
RECOMMENDED ACTION
1. Hold appeal hearing and take action as outlined in the memo dated February 24,
2010 by the City Attorney
2. Consider request to modify the two-hour fire -rated wall and ceiling (condition #5) to a
combination of two (2) hour rated fire wall and enclose the exhaust stack with a one
hour rated fire wall and have one sprinkler head at the top and bottom of the enclosure.
Co
2
PLANNING ZONING COMMISSION
City of Sebastian, Florida
FINDINGS OF FACT
EXHIBIT A
Application for Site Plan Modification:
Seawinds Real Estate Company, L.L.C. Application No. 09 -SP -17
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came on for public hearing before the Planning and Zoning
Commission of the City of Sebastian on January 7, 2010, and based upon the testimony and
all of the evidence presented, the Planning Zoning Commission enters the following:
1. Seawinds Real Estate Company, L.L.C., owner of the real property located at
735 Fleming Street and also identified as Indian River County Parcel No. 31-
38-13- 00000 -1000- 00001.1, has requested site plan approval for a 500 square
foot addition to the previously approved crematory.
2. In 1997, a 6,264 square foot building was approved and constructed on the
subject site as a funeral home. In 2003, a 480 square foot crematory was also
approved and constructed. In 2009, the crematory was destroyed by fire.
3. Public notice of this hearing was published on December 23, 2009, in the
Press Journal, a newspaper of general circulation in the City of Sebastian.
Notice of this hearing was also mailed to all property owners within three
hundred (300) feet of the subject property, as shown in the records of the
Property Appraiser of Indian River County, in accordance with the
requirements of the Land Development Code.
4. The Growth Management Department of the City of Sebastian, as well as
Indian River County Fire Life Safety Bureau, Sebastian Police
Department, Indian River County Environmental Health, Sebastian Building
Department, Indian River County Traffic Engineering Division, and Indian
River County Department of Utility Services, reviewed the requested site
modification. All agency comments were provided to the Planning Zoning
Commission, and are incorporated herein by this reference.
5. Mr. James W. Young, owner of Seawinds Funeral Group presented the
application to the Planning and Zoning Commission. Attorney Pete
Sweeney, also spoke on behalf of the applicant.
6. Five people spoke in opposition to the request.
Based upon a careful consideration of the evidence presented, and the applicable
provisions of the Land Development Code of the City of Sebastian, the Planning Zoning
Commission determines that the requirements for granting the site plan modification have
been satisfied.
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to
approve the requested site plan modification was made by Commissioner William
Simmons, and seconded by Commissioner Domenic Durr to approve the site plan
modification by Seawinds Funeral Home, 735 Fleming Street, for a 500 square foot
addition to an existing crematorium with the following conditions:
1. Provide St. Johns River Water Management District Permit, or letter of
exemption.
2. Comply with Department of Health comments regarding DEP Air Emissions
permit.
3. Comply with Building Department comments regarding specifications for
crematory and cooler.
4. Final plat approval by City Council before a Certificate of Completion is
issued for the crematorium by the Building Department.
5. Add two -hour fire -rated wall and ceiling on the interior of the building.
6. Include a chimney facade compatible to the building exterior, subject to
compliance of local and state building codes and manufacturer code.
Motion was approved by the Planning Zoning Commission by a vote of 5 in favor
and 1 against. Therefore, the requested site plan modification was granted.
DONE AND ORDERED in Sebastian, Indian River County, Florida, this 7` day of
January, 2010.
70
ATTEST:
CONCLUSIONS OF LAW
ORDER
Clerk to the Planning and Zoning Commission
CITY OF SEBASTIAN
/-24- Jo
Date
��Pl anning Zoning Commission
Chmn. Paul called the meeting to order at 7:02 P.M.
The pledge of allegiance was said by all.
ROLL CALL:
PRESENT: Mr. Dodd
Mr. Simmons
Mr. Paul
EXCUSED: Mr. Srinivasan
Mr. Cardinale
ALSO PRESENT:
ANNOUNCEMENTS:
EXHIBIT B
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
JANUARY 7, 2010
Mr. Neuberger
Mr. Hepler
Mr. Durr
Rebecca Grohall, Growth Management Director
Jan King, Growth Management Manager
Robert Ginsburg, City Attorney
Dorri Bosworth, Zoning Technician
Al Minner, City Manager
Joe Griffin, Airport Manager
Chmn. Paul welcomed Mr. Durr to the commission. He also announced that Mr.
Buchanan has resigned his position due to health issues and the opening will be
advertised in the newspaper. M. Cardinale and Mr. Srinivasan are excused and Mr.
Neuberger and Mr. Durr will be voting.
APPROVAL OF MINUTES: Regular Meeting of 12/3/2009
MOTION by Simmons /Hepler to approve the meeting minutes of 12/3/09. Motion was
approved on roll call.
OLD BUSINESS: NONE
NEW BUSINESS:
QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION
SEAWINDS FUNERAL HOME 735 FLEMING STREET ADDITION OF 500
SF TO AN EXISTING CREMATORY
Chmn. Paul opened the hearing and Mr. Ginsburg swore in all who would give
testimony.
Mr. James W. Young, owner of Seawinds Funeral Group presented the application. Ms.
King reviewed the staff report. She explained that the old crematory of 480 SF was
destroyed by fire and the applicant wants to rebuild it with an additional 500 SF. Ms.
King listed the four conditions of approval noted in the staff report dated 12- 29 -09. In
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U )N
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 7, 2010
answering Mr. Durr's question about landscaping, Ms. King said there is a note on the
site plan stating that damaged or dead landscaping on the entire site will be replaced
prior to final certificate of completion. Mr. Simmons asked if the crematory were rebuilt
within the same footprint then a public hearing would not be necessary and Ms. King
agreed. Mr. Young said they are expanding their operation to two crematories because
their business has grown.
Chmn. Paul asked for people in favor to speak. No one approached. He then asked for
anyone in opposition to speak.
Charles DeLauder, Exalted Ruler of the Sebastian Elks Lodge, 731 S. Fleming St. Mr.
DeLauder presented an information and recommendation letter (Exhibit 1, handed to the
Commissioners). He commented that over the years the funeral home and Elks have
been good neighbors. He has concerns about the increase in size of the crematory. He
feels the facility is too close to their building. He showed photos to the Commissioners
from the podium depicting the fire and at Mr. Ginsburg's instruction Mr. DeLauder gave
the photos to the recording secretary (Exhibit 2, five photos).
Andrew Simso, Treasurer of the Sebastian Elks Lodge, 731 S. Fleming St. commented
on the odor he smells from the crematory.
Eric Fischer, 69 Fischer Hammock Rd., asked that extra safety precautions be taken
when the crematory is rebuilt and possibly make the pipe extending above the roof more
aesthetically in line with other structures in the area. He read a letter from Maureen
Matheson to Mayor Gillmor and city council regarding the crematory's operation (Exhibit
3).
Greg Golien, 711 Wimbrow Dr., thought the application should be a new site plan and
not a minor modification and would like the building to be moved to the back of the
property.
Warren Dill, Esquire, 1565 US Highway #1, representing Sebastian General Partnership
and property owners association of Chesser Gap. He presented "Contestant Exhibit A",
the Fire Marshal's report on the fire at the crematorium (Exhibit 4). He also submitted for
the record "Contestant Exhibit B a verbatim copy of the Planning and Zoning
Commission meeting of March 6, 2003 (Exhibit 5). He reviewed the past applications of
Seawinds for the funeral home and the crematory. Mr. Dill asked for an increase in the
buffer and decrease in the hours of operation. He submitted "Contestant Exhibit C the
Chesser Gap Phase II Final Plat (Exhibit 6, handed to the Commissioners) and
commented about the stormwater drainage. "Contestant Exhibit D" is a list of five
conditions Mr. Dill would like to see placed on the approval of this application (Exhibit 7,
handed to the Commissioners).
Mr. Young addressed some of the comments made. He explained the difference
between a funeral home which conducts visitations and services and a direct disposer,
which cannot provide visitations and services but only cremates remains. Seawinds is a
funeral home with a crematory on the facility. Shortened hours would not be acceptable
as he has had families want to witness the cremation.
2
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 7, 2010
Mr. Pete Sweeney, office address of 3333 20 St., Vero Beach, attorney for Seawinds
Funeral Home. He stated the issue of stormwater drainage is not an issue pertinent to
tonight's discussion.
Chmn. Paul asked about the smoke and odor complaints from neighbors. Mr. Young
explained that DEP will come to the facility and witness a cremation for a duration of two
hours. DEP also inspects the machinery every two years. There was discussion about
relocating the crematory to the back of the funeral home building, more to the south end
of the property. Ms. King said that was the original location request but a previous
Planning Zoning Commission requested it be placed at the northeast corner. She also
said she spoke with the Indian River County Fire Department. They had no comments
on this application and the Fire Marshal said they have no issue with the location of the
building and everything went as it was supposed to in the event of a fire.
Mr. Dodd asked about the final plat for this part of the PUD. Ms. King replied the PUD is
a zoning classification, it is part of the Chesser's Gap PUD but it is not enjoined with the
association that has been established to take care of the stormwater system. Mr.
Neuberger asked about the fire marshal's report. Ms. King read a portion of the
conclusions of the fire report which stated this fire was an accidental event, and handed
copies to all the commissioners (see Exhibit 4). Mr. Young displayed on the overhead
projector the machinery and specifications sheet (Exhibit 8).
Mr. Dill rebutted some comments made. He is not asking for the building to be relocated;
the drainage issue needs to be resolved; he feels the project just meets the minimum
requirements; he read the fire marshal report, specifically the events leading up to the
fire, to substantiate the need for a fire suppression system and fire rated drywall.
There was a consensus of the commission to move the building south, away from the
Elks Lodge. The commissioners also discussed viable buffers to be used. Mr. Young
was agreeable to installing fire -rated drywall and improved landscaping but not moving
the building or installing a wall between his building and the Elks Lodge. Also discussed
was an aesthetic designed fagade for the smokestack/chimney. Mr. Neuberger
expressed his concerns about the location of the crematorium.
Andrew Simso, 1569 Ocean Cove St., Treasurer of the Elks Lodge, expressed his
concern with the building meeting minimum code and the odor. He feels there is a
problem and this is a good time to correct it.
Greg Golien, 711 Wimbrow Dr., restated that he saw smoke emitted from the chimney.
Chmn. Paul closed the public comment portion of the public hearing and asked for staff
summation. Ms. Grohall said staff recommends approval with suggested conditions.
MOTION by Simmons /Durr to approve the site plan minor modification by Seawinds
Funeral Home, 735 Fleming Street, for a 500 SF addition to an existing crematorium with
the following conditions:
1. Provide St. Johns River Water Management District Permit, or letter of
exemption.
2. Comply with Department of Health comments regarding DEP Air
Emissions permit.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 7, 2010
3. Comply with Building Department comments regarding specifications for
crematory and cooler.
4. Final plat approval by City Council before a Certificate of Completion is
issued for the crematorium by the Building Department.
5. Add two -hour fire -rated wall and ceiling on the interior of the building.
6. Include a chimney facade compatible to the building exterior, subject to
compliance of local and state building codes and manufacturer code.
ROLL CALL: Mr. Durr yes Mr. Dodd yes
Mr. Paul yes Mr. Hepier yes
Mr. Simmons yes Mr. Neuberger no
The vote was 5 -1. Motion passed.
Chmn. Paul called a ten minute recess at 9:21 p.m.
The meeting reconvened at 9:31 p.m. with all members present.
QUASI JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION
SEBASTIAN AIRPORT STORAGE 25 AIRPORT DRIVE WEST CHANGE
OF USE FROM KAYAK DEMONSTRATION AREA TO RETAIL LANDSCAPE
DISPLAY AND STORAGE AREA
Chmn. Paul opened the public hearing and asked for ex parte communication, which
there was none. Mr. Ginsburg swore in everyone that would give testimony.
Mr. Steve Philipson, 415 Live Oak Dr., Vero Beach, presented a short video, a letter
(Exhibit 9), and drawing to the commission (Exhibit 10). The drawing is the same
rendering as the site plan commissioners had in their packets for review. He said the
only construction in that area would be for a chain link fence.
Ms. Grohall reviewed the staff report. She added that this is a change of use from an
originally approve site plan and according to Mr. Philipson there will be no additional
lighting proposed and also the signage will be a panel on the existing kayak monument
sign.
Chmn. Paul asked for anyone in favor of the project to speak.
Joe Griffin, Sebastian Airport Manager, supports this change in use and asks the
commission also supports the change.
Chmn. Paul asked for anyone opposed to speak.
Holly Dill, 11675 Roseland Rd., thanked Ms. Grohall for sending out courtesy notices of
this application. She does not have any major objections with the understanding that
there will not be an increase in the number of signs and no additional lighting. She
asked that the fence be vinyl coated.
Bob Denton, 11245 Roseland Rd., has concerns about lighting.
Chmn. Paul closed the public input portion of the hearing.
4
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 7, 2010
Chmn. Paul closed the public input portion of the hearing.
Mr. Philipson said he would install a vinyl coated fence. He also noted he anticipates
putting a sign on the building itself.
Ms. Grohall said staff recommends approval with the following conditions: no additional
lighting, no additional freestanding monument signs, and no signage on the fence, and
the agreement to a black vinyl coated chain Zink fence.
MOTION by Dodd /Hepler to approve the site plan minor modification, Sebastian Airport
Storage, 25 Airport Drive West, change of use from kayak demonstration area to retail
landscape display and storage area with the four conditions noted by Ms. Grohall.
ROLL CALL: Mr. Neuberger yes Mr. Dodd yes
Mr. Hepler yes Mr. Durr yes
Mr. Paul yes Mr. Simmons yes
The vote was 6 -0. Motion passed.
QUASI JUDICIAL PUBLIC HEARING SITE PLAN MINOR MODIFICATION
EARL'S HIDEAWAY 1405 INDIAN RIVER DRIVE BRICK PAVER
SIDEWALK, WOOD DECK, HANDICAP PARKING AND MOTORCYCLE
PARKING
Chmn. Paul opened the hearing, asked for ex parte communication, which there were
none, and Mr. Ginsburg swore in everyone that would give testimony.
Robert Marshall, 672 Lawson St., Sebastian, is the engineer of record and presented the
application. Ms. King reviewed the staff report, noting two specific items. The first being
an equivalency of motorcycle parking spaces to automobile parking spaces. After much
research, staff recommends two motorcycle spaces equal one automobile space. The
second is a modification to the site plan which brings an as -built up -to -date. This
includes the brick paver walkway which provides handicap access through the outside
service area, a deck area built over a wet area of the property, providing handicap
parking space and some additional areas noted as motorcycle parking. Ms. King
emphasized that the parking calculation should be used only for what is specifically
termed a biker bar and does not set precedence or can be used for other parking
calculations.
Chmn. Paul stated he is in favor of the two to one ratio motorcycle parking as did other
commissioners. Staff recommends approval of the site plan and parking modifications.
Chmn. Paul asked for anyone wishing to speak in favor or opposition. Hearing none, he
closed the public hearing.
MOTION by Paul /Dodd to approve the site plan minor modification for Earl's Hideaway,
1405 Indian River Drive, of a motorcycle equivalence standard of two motorcycle parking
spaces to be equal to one automobile parking space for this biker bar. Each motorcycle
space shall be a minimum of 4' X 8'. Also, approval of modifications to Earl's Hideaway
as shown on the site plan prepared by Robert W. Marshall, latest revision date of
5
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 7, 2010
11/10/09 which includes a brick paver sidewalk, wood deck, handicap parking space and
additional motorcycle parking.
ROLL CALL: Mr. Simmons yes Mr. Dodd yes
Mr. Durr yes Mr. Paul yes
Mr. Neuberger yes Mr. Hepler yes
The vote was 6 -0. Motion passed.
CHAIRMAN MATTERS:
Mr. Paul asked when the parking at the Pig and Whistle restaurant on the east side of
Indian River Drive had been approved. Ms. King said they would have to research the
events of that site.
MEMBERS MATTERS:
ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
Chmn. Paul opened the nominations for Chairperson. Mr. Dodd nominated Mr. Paul,
which was seconded by Mr. Simmons. As there were no other nominations Mr. Paul is
the Chairman.
Chmn. Paul asked for nominations for Vice Chairperson. Mr. Simmons nominated Mr.
Dodd, which was seconded by Mr. Hepler. As there were no other nominations Mr. Dodd
is the Vice Chairman.
DIRECTOR MATTERS: NONE
ATTORNEY MATTERS: NONE
Chmn. Paul adjourned the meeting at 10 :23 p.m. (1/11/10 sb
6
LAWRENCE PAUL, CHAIRMAN
PLANNING AND ZONING COMMISSION
CITY OF SEBASTIAN, FLORIDA
PUBLISHED: December 23, 2009
01YoF
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
INDIAN RIVER COUNTY
FLORIDA
EXHIBIT 0
THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, HAS SCHEDULED A QUASI JUDICIAL
PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET,
SEBASTIAN AT A REGULAR MEETING TO BE HELD ON THURSDAY, JANUARY
7, 2010, AT 7:00 P.M., TO CONSIDER APPROVING A MINOR MODIFICATION TO
A SITE PLAN FOR THE ADDITION OF 500 SF TO AN EXISTING CREMATORY
LOCATED AT 735 FLEMING STREET
ALL INTERES 1'ED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD
WITH RESPECT TO THE PROPOSED SITE PLAN.
ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS
HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS BASED.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S
ADA COORDINATOR AT (772) -589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING.
b. Legal: See Site Plan
8. Project Description
01Y OF
HOME OF PELICAN ISLAND
Growth Management Department
Site Plan Approval Application Staff Report
1. Project Name: Seawinds Funeral Home and Crematorium
2. Requested Action: Proposed 500 SF addition to crematory
3. Project Location
a. Address: 735 Fleming Street
Sebastian, Florida 32958
c. Indian River County Parcel Number: 31381300001000000001.0
4. Project Owner: Seawinds Real Estate Company, L.L.C.
735 Fleming Street
Sebastian, Florida 32958
(772) 589 -1933
5. Project Surveyor: Matthew Crowley, PSM
Treasure Coast Survey, Inc.
7803 North Boulevard
Ft. Pierce, FL 34951
(772) 567 -5775
6. Project Engineer: Randy Mosby
Mosby -Smith Engineering, Inc.
610 1 Street, Suite 102
Vero Beach, Florida 32962
(772) 299 -5705
7. Project Agent: Same as Above
a. Narrative of proposed action: Seawinds Real Estate Company has
applied for site plan approval to increase the size of the crematorium by
500 SF. The original crematory, which was destroyed by fire in early
1
November, 2009, was 480 SF. With the addition, the new building is
proposed to total 980 SF. All setbacks will be maintained in accordance
with the original site plan. Even though two parking spaces will be
eliminated, the site will still provide more parking than the Land
Development Code requires.
b. Current Zoning: PUD -C
c. Adjacent Properties
d. Site Characteristics
(1)
(2)
(3)
(4)
(6)
(7)
Total Acreage:
Current Land Use(s):
Soil:
Vegetation:
Flood Hazard:
Water Service:
Sanitary Sewer Service:
Parks:
Police /Fire:
9. Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
2
Consistent
Consistent
Consistent
1.09 Ac
funeral home crematory
Eau Gallie
landscaped per site plan
Zone X
Indian River County Utilities
Indian River County Utilities
.65 miles to Garden Club Park
1.85 miles to Police Dept.
.85 miles to Fire Station
_Zoninq_Current
Land Use _Future
Land Use_
North:
PUD -C
Elks Club
CG
East:
PUD -C
Vacant (approved
townhouse
development)
CG
South:
PUD -C
Vacant
CG
West:
PUD -C
Retail Stores
CG
November, 2009, was 480 SF. With the addition, the new building is
proposed to total 980 SF. All setbacks will be maintained in accordance
with the original site plan. Even though two parking spaces will be
eliminated, the site will still provide more parking than the Land
Development Code requires.
b. Current Zoning: PUD -C
c. Adjacent Properties
d. Site Characteristics
(1)
(2)
(3)
(4)
(6)
(7)
Total Acreage:
Current Land Use(s):
Soil:
Vegetation:
Flood Hazard:
Water Service:
Sanitary Sewer Service:
Parks:
Police /Fire:
9. Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
2
Consistent
Consistent
Consistent
1.09 Ac
funeral home crematory
Eau Gallie
landscaped per site plan
Zone X
Indian River County Utilities
Indian River County Utilities
.65 miles to Garden Club Park
1.85 miles to Police Dept.
.85 miles to Fire Station
d. Public Facilities:
e. Coastal Management:
f. Conservation:
Recreation and Open Space:
g-
10. Contents of Site Plan:
a. lot configuration: provided
b. finished ground floor elevation:
c. contours and designating number of dwelling units: N/A
d. square footage of site: 47,500 SF
e. building coverage: 7,244 SF 15.25% (980 SF for crematorium)
f. square footage of paved areas and open area: provided
paved 34,492 SF 72.6%
open 13,008 SF 27.4%
setbacks: provided
Side
Rear
k. building height: provided
3
B0
Consistent
Consistent
Consistent
Consistent
provided
10'
10
The Land Development Code requires a minimum of 20 feet separating
structures. However, the minimum distance separating any one building
over 25 feet in height from an adjacent building shall be 20 feet plus one
foot for each additional two feet in height above 25 feet. The distance
separating the crematorium and the Elks Lodge is 20 feet. The
crematorium is 14 feet in height and the Elks Lodge is 25 feet in height.
h. scaled drawings of the sides, front and rear of
structure: provided
i. generalized floor plan indicating uses and square
proposed use within each building or structure:
j. Building exterior construction materials and color:
existing building
the building or
footage of each
provided
Addition to match
1. location and character of all outside facilities for waste disposal,
storage areas, or display: provided
m. location and dimensions of all curb cuts and driveways: provided
n. number of spaces with their location and dimensions: required 45,
provided 47 spaces (44 standard, 3 accessible). Construction of the
addition to the crematory will result in the elimination of 2 spaces.
o. details of off street parking and loading areas (including
requirements of Sec 20A -8.1): provided
p. all off street vehicular surfaces available for maneuvering: provided
q. surface materials: provided
r. number of employees: not provided
s. type of vehicles owned by the establishment: not provided
t. If there is a combined off street parking facility, required
agreements: N/A
u. Location of all pedestrian walks, malls, yards and open spaces:
provided
v. location, size, character, and height or orientation of all signs:
provided
w. location and character of landscaped areas and recreation areas:
provided
x. location, design and character of all public, semi public, or private
utilities: provided
y. location, height and general character of perimeter or ornamental
walls, fences, landscaping: provided
z. surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided
aa. location of existing easements and right -of -way: provided
ab. Land survey with complete legal description prepared and certified
by a registered surveyor: provided
ac. Verified statement showing each and every individual person having
a legal and /or equitable ownership interest in the subject property:
provided
11. Site location and character of use: provided
12. Appearance site and structures:
a. _harmonious overall design: yes
b. location and screening of mechanical equipment, utility hardware
and waste storage areas: yes
c. commercial and industrial activities conducted in enclosed
buildings: yes
d. exterior lighting: provided
13. Access, internal circulation, off street parking and other traffic impacts:
a. internal circulation system design and access /egress
considerations: provided
b. separation of vehicular and pedestrian areas: provided
15. Open space and landscape (including the requirements of Sec. 20A -13.1
and Sec. 20A- 14.1):
a. Name, address and phone number of the owner and designer:
provided
b. North arrow, scale and date, minimum scale of one inch equals fifty
(50) feet: provided
c. Property lines, easements, and right -of -way with internal and property
line dimensions: provided
d. Location of existing or proposed utility service: provided
e. Location and size of any existing or proposed structures: provided
f. Location and size of any existing or proposed site features, such as
earthen mounds, swales, walls and water areas: provided
g.
Location and size of any existing or proposed vehicular use area:
provided
h. Location and size of any existing or proposed sidewalks, curbs, and
wheel stops: provided
1 Location of sprinkler heads, hose bibs, or quick cupplers and other
information on irrigation: not provided irrigation system has been
field designed
j•
Calculations of required type, dimensions and square footage of
landscape materials and of required landscape areas, including: total
site area, parking area, other vehicular use area, percentage of non
vehicular open space, perimeter and interior landscape strips, and
required number of trees: provided The Type "A" buffer has been
extended based on the new dimensions of the crematorium.
k. Location of required landscape areas and dimensions: provided
I. Location, name, height and size of all existing plant material to be
retained: N/A
m. Location, size, height and description of all landscape material
including name, quantity, quality, spacing, and specified size and
specification of all plant materials: provided
n. Height, width, type, material and location of all barriers of nonliving
material: provided
o. Location, dimensions and area of landscaping for freestanding signs:
provided
p. Show all landscaping, buildings, or other improvements on adjacent
property within five (5) feet of the common property line: provided
16. Required screening of abutting residential and nonresidential uses:
provided
17. Flood prone land and wetland preservation: provided
18: Surface water management: provided
19: Available potable water: Indian River County Utilities
20: Wastewater service: Indian River County Utilities
21: Soil erosion, sedimentation control and estuary protection: provided
22: Additional considerations: The original Seawinds Funeral Home site plan was
approved by the Planning and Zoning Commission on May 1, 1997. The
conditional use permit was approved on May 15, 1997. After several years of
operation, application was made for approval of a crematorium at the site as an
accessory use to the funeral home. That minor modification and conditional use
was approved by the Planning and Zoning Commission on March 6, 2003. The
first draft of the site plan had located the crematory in the southeast corner of the
6
property. The final approved plan included relocation of the crematory to the
northeast corner of the property, adjacent to the Elks Club property, so as to
minimize the impact to the potential residential development adjacent to the rear
of the property.
On November 4, 2009, a fire destroyed the existing crematorium. Per our Land
Development Code, the owner has the right to rebuild the building exactly as
approved on the site plan dated March 6, 2003, with no additional site plan
review needed. However, the owner wishes to expand the building by an
additional 500 SF. Therefore, staff has scheduled a public hearing by the
Planning and Zoning Commission to review the proposed request.
23. Other Matters: Other agency comments are attached for your review.
For informational purposes, staff has included an aerial photo of the property and
a copy of the approved site plan for the proposed townhouse development to the
east of this site. The property immediately to the south will be developed
commercially, and has no site plan approval at this time.
Although this property is part of the Chesser's Gap Planned Unit Development, it
was never formally platted. Last year during the site plan process for the
townhouse development, the City required a "catch -up" plat to include a number
of parcels in the PUD that had not been platted. Unfortunately, the Seawinds
property did not join in with the "catch -up" plat. Staff has advised the owner that
no further development orders will be processed until a final plat is recorded for
the property.
In the interest of time, staff accepted the application for site plan modification
with the understanding that application for final plat must be to received before
the Planning and Zoning public hearing. The final plat application has been
received on December 23, 2009, and is currently being reviewed. Staff
recommends the site plan modification be approved subject to final plat approval
by City Council before a Certificate of Completion is issued for the crematorium
by the Building Department.
24. Conditional Use Permit: The conditional use permit has already been
granted for the crematorium. A condition of approval states the following:
"Screening: All side and rear yards abutting residential districts or uses shall be
screened in accordance with the standards established in section 54 -3 -14,16 of
this ordinance." In keeping with that condition, the mandatory Type "A" buffer
has been extended to accommodate the larger dimensions of the proposed
building.
25. Conclusion: The proposed project is consistent with the comprehensive plan,
land development code and code of ordinances.
26. Recommendation: Staff recommends approval of the Seawinds Crematory
Addition at 735 S. Fleming Street, subject to the following:
1. Provide St. Johns River Water Management District Permit, or letter
of exemption.
7
PREPARED BY
2. Comply with Department of Health comments regarding DEP Air
Emissions permit.
3. Comply with Building Department comments regarding specifications
for crematory and cooler.
4. Final plat approval by City Council before a Certificate of Completion
is issued for the crematorium by the Building Department.
8
DATE
12/11/2009
RANDY L MOSBY, PE
610 1ST STREET
SUITE 102
VERO BEACH, FL 32962
RE: Project Name: SEAWINDS CREMATORY
Project Description: RECONSTRUCTION OF THE CREAMTORY BUILDING WITH AN
INCREASE OF BUILDUNG AREA OF
500 SQ FT FOR TOTAL SQ FT OF 7,244 SQ FT
Project Number: 2009120009
Application Description: SEAWINDS CREMATORY
Application Number: 64752
File Number:
Tax ID 31- 38 -13- 00006 0000 00004.0
To Whom it May Concern
Indian River County
Fire Life Safety Bureau
1800 27th Street
Vero Beach, FL 32960
PH: 772 -226 -1880
FAX: 772 978 -1848
1. The fire inspector for this project is John Duran 772 226 -1977,
The release of these plans are pending payment of plan review fees. The review fee is 250.00
If you have any questions regarding any of these matters, please do not hesitate to call me at
(772) 226 -1977. Thank you for your cooperation in making our community a safe place to live.
Sincerely,
Lt. John Duran
Fire Inspector /Plan Reviewer
Date: December 9, 2009
To: Susan Lorusso
Growth Management
From: Michelle Morris, Chief
Police Department
Ref: Modification Site Plan
Seawinds Crematory
735 5. Fleming 5t.
Sebastian Police Department
1201 Main Street
Sebastian, Florida, 32958
772 589 -5233 Fax 772- 3881872 e -mail spd @cityofsebastian.org
J. Michelle Morris, Chief of Police
Upon review of the site plan modifications for Seawinds crematory I have a few
concerns. It appears the building will be larger with an additional burner as well as
being in the same location, in close proximity to the Elks lodge. My concerns are
with the recent fire on Wednesday November 4 where the flames of the
crematory were' very near the Elks structure. This fire could have spread if it
wasn't for the quick response of the fire department.
While on scene I was approached by members of the Elks lodge who were worried
and stressed upon rebuilding if the crematory could be moved to another location,
not quite so close to existing structures. My suggestion would be relocating the
crematory to the other side of the building.
The following comments are relative to our review'
Schuessler, Glenn R
From: Schuessler, Glenn R
Sent: Thursday, December 03, 2009 2:32 PM
To: 'jking @cityofsebastian.org'
Subject: Minor Site Plan Seawinds Crematory 735 Fleming Street, Sebastian
1. The facility will require re- permitting by the DEP- Central District for an Air Emissions permit.
2. The architectural plan does not depict ventilation exhaust stacks for the proposed incinerators.
12/3/2009
DEC 0 7 2009
Paz Growth Mgnt.
Page 1 of 1
Jan King
From: Wayne Eseltine
Sent: Thursday, December 03, 2009 1:58 PM
To: Jan King
Subject: Seawinds Crematory
Budding Department comments to site plan modification:
1) No objection to site plan modification for the building.
2) Upon submittal for building permit, documentation must be submitted to show the incinerator /crematories are listed and
labeled in accordance with UL 791, along with manufacturer's specifications and installation details. Cooler will also require
manufacturer's specifications to be submitted.
Wayne Eseltine
Building Director
City of Sebastian
1
Jan King
rage iuii 1
From: Jeanne Bresett [djbresett@ircgov.com]
Sent: Thursday, December 10, 2009 10:39 AM
To: Jan King
Subject: Seawinds Crematory 735 Fleming Street Minor Modification Site Plan
Traffic Engineering staff reviewed the plans dated November 30, 2009 for the subject project.
Provided there are no other improvements than the proposed crematorium located at the northeast
corner of the site, staff have no comments.
Jeanne Bresett, Traffic Analyst
Indian River County Public Works Department
Traffic Engineering Division
1801 27th Street, Building A
Vero Beach, FL 32960
PH: (772) 226 -1326
FAX: (772) 778 -9391
12/10/2009
DATE: December 29, 2009
INDIAN RIVER COUNTY
DEPARTMENT OF UTILITY SERVICES
INTEROFFICE MEMORANDUM
TO: JAN KING
GROWTH MANAGEMENT DIRECTOR
CITY OF SEBASTIAN
THRU: MIKE HOTCHKISS, P.E.,
CAPITAL PROJECTS MANAGER
FROM: JESSE ROLAND
PLANS REVIEWER
SUBJECT: APPLICATION FOR DEVELOPMENT ORDER
SITE PLAN REVIEW
SEAWINDS CREMATORY
We have reviewed the above referenced project. The following comments must be addressed
and/or incorporated prior to site plan approval:
If you have any questions or comments, please call me at 226 -1636
JRR/jrr
Existing building currently connected to County water and sewer. Currently, the
account is in good standing.
No additional water or sewer facilities are proposed therefore IRC Utilities has no
further requirements.
Contractor must call Sunshine State One Call for utility Iocates prior to
underground construction.
cc: W. Erik Olson, Director of Utility Services
Robert Keating, Community Development Director
Stan Boling, Planning Director
Lori Hoffman, Environmental HealthDepartment
C:\Documcnts and Settings \jking\Local Settings \Temporary Internet Files \OLK233\SITE PLAN REVIEW SEAWINDS CREMATORY12 -29-
09JRR.doc
Applicant (If not owner, written authorization (notarized) from owner is required)
Address:
1 7 2G 1 541
Name:
Ha_, .11N1 TnvN6 c 4'vtNos r L E _c: t-1 (SAN
t--4_,.
Address:
12 M N S j I e-E- r. T rl- "FL 5
Indian River County Parcel
7) —1-5S---17;--62'_25 i c%'l f i
Phone Number: FAX umber:
112 'z- 5 11z- SCO3-2- 45 10 7
Address:
E -Mail:
W q�'
V NW 56-044 t N 2 F .—O M
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
Owner (If different from applicant)
Address:
1 7 2G 1 541
F -Er-t► NCs- STt ct-c-k-- Ft-- e
Name:
Ut`-( c, (z
Indian River County Parcel
7) —1-5S---17;--62'_25 i c%'l f i
Zoning Classification: Future Land Use:
Address:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
Phone Number.
FAX Number:
E -Mail:
B. Site Information
Address:
1 7 2G 1 541
F -Er-t► NCs- STt ct-c-k-- Ft-- e
Lot: c
Block: Unit: Subdivision:
Ut`-( c, (z
Indian River County Parcel
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Zoning Classification: Future Land Use:
Existing Use: Proposed Use:
Let G M Q- V
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
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City of Sebastian
HOME OF PELICAN ISLAND Development Order Application
Permit Application No.
Title of permit or action requested:
tArPM 101 9112-A-11
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):
DATE RECEIVED: l I O
FEE PAID: $2
DEC 2009
Z Growth M
RECEIVED BY
D. Project Personnel:
Agent:
Name: rt0 L t4Cc�`� l' t I �M L'T1i 1-',i ti Crkl rf6 i l
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Address 1 \.1P20 BefAs 10- -21672
Phone Number. FAX Number:
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E -Mail:
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Attorney:
Name:
Address
Phone Number: FAX Number:
E -Mail:
Engineer:
Name:
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Address 610 1 si-c-r .zi Vi m tot V IL =8'.5ctZ ;7 --%Y2.
Phone Number. FAX Number.
11 Z91 �fli7 117._ Z99 572
E-Mail: Wf C IL-I 1 -'7
Surveyor:
Name:. tkeM )e-c) l 1 65 1' 5tiaxAlly 1 t v
Address •1 4 &bULENKO t 1 FL t1
Phone Number: FAX Number
1 c-60 "t 7 5 ?Z 2.,. s
E-Mail
M g.. S1 N( BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER I AM
THE LEGAL REPR ENTATIVE OF THE OWNER OF T- PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APP AND THAT ALL TH INFORMATIO MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE
D TRUE TO TRFiBEST F MY KNO EDGE AND BELIEF.
SIGN
SWORN TO AND SUBSCRIBE r FORE ME BY AI V G4
WHO IS PERSONALLY KNOWN TO ME AS IDENTIFICATION, THIS 30 DAY O PR
OF/[irA.Avalw— 20
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO. /EXPIRATION
SEAL:
nn
ELAINE CI IRISTO REXFORD f
41'rt Comrn# 000716854
DATE
Expires 1/9/2012
Florida Notary Assn., Inc
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Permit Application No.
93
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SatoksTIAN Supplemental Information
.mow_
Site Plan Approval
NOME OF PELICAN ISLAND
Permit Application No.
1. Site size in acres or square feet:
X 2. Area of impervious surface in square feet:
3. Area of pervious surface in square feet:
4. Attach the following:
X a. TWELVE complete sets of site plan with lot configuration, finished ground
floor elevations, contours and designated number of dwelling units, and
setbacks to scale indicating compliance with regulations. (Two sets must
be sealed.)
b. A scaled drawing of the sides, front and rear of the building or structure,
generalized floor plan indicating uses and square footage of each proposed
use within each building or structure, building exterior construction material
and color, and building ridgeline height.
c. A surface -water drainage facilities plan certified by an engineer or architect
registered in the State of Florida (3 SETS)
d. TWELVE copies of land survey with complete legal description prepared
and certified by a registered surveyor.
NI�C e. A traffic impact analysis, if required (3 SETS)
X f. An erosion/sedimentation control plan (3 SETS).
X. g. A copy of the landscape plan to meet the requirements of Article XIV, Tree
Protection and Landscaping, or Article XXI Performance Overlay Districts,
as stated in the Land Development Code.
h. A verified statement showing each and every individual person having a
legal and /or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a nationally recognized
stock exchange, in which case the name and address of the corporation
and principal executive officers will be sufficient.
1. A list of the names and addresses of all owners of parcels of real property
Permit Application No.
within three hundred (300) feet of the parcel to be considered.
5( 5. The following information is required on all site plans:
X a. Locate on the site plan and describe the character of all outside facilities for
waste disposal, storage areas, or display.
b. Locate on the site plan and show the dimensions of all curb cuts and
driveways, including the number of spaces with their location and
dimension, details of off street parking and loading areas, all off- street
vehicular surfaces available for maneuvering, surface materials, number of
employees and number and type of vehicles owned by the establishment.
Any combined off street parking facilities shall be submitted with an
agreement specifying the nature of the arrangement, its anticipated
duration, and signatures of all concemed property owners.
c. Locate on the site plan all pedestrian walks, and height or orientation of all
signs.
d. Locate on the site plan and describe the character of landscaped areas
and /or recreation areas.
e. Locate on the site plan and describe the design and character of all public,
semi public, or private utilities such as water and wastewater disposal
facilities, underground or overhead electric-lines, gas transmission lines, or
other similar facilities or services.
X f. Locate on the site plan and describe the height and general character of
perimeter or omamental walls, fences, landscaping, including berms and
other required screening devices, and any other plans for protecting
adjacent property owners.
Kg-
Locate on the site plan existing easements and rights -of -way.
q
Indian River County, Florida Property Appraiser Printer Friendly Map
rind I Sack
Indian River County GIS
ParceIID
31381300000100000001.1
OwnerNanie
PropertyAddress
SEAWINDS REAL ESTATE LLC 733 S FLEMING ST SEBASTIAN, FL 32958
Notes
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EXHIBIT D EXHIBIT 1 (handed to PZC)
t Sebastian Elks Lodge #2714
731 S Fleming St
Sebastian FL 32958
772 589 -6426
SecSebElks2714 @yahoo.com
Sea Wind Funeral Home Permit Review 1/7/10
Funeral Home has been a Good Neighbor
o Some employees are Lodge members
o Overflow Parking is shared with Lodge
o Sea Wind donates to some Lodge Charity Fundraisers
o No Serious Negative incidents prior to Fire
Lodge Concerns about Proposed Permit/Building Plan for Crematorium
o Proposal approx. Doubles Size of Previous Facility
o Height of Smoke Stack is Too Low
Smoke Odor inside Lodge building on multiple occasions,
During Lodge Meetings
During Chanty Functions
Smoke Stack may have lacked a Spark Arrestor
o On at least one occasion, Trash was being burned in Crematorium per an
unnamed employee
o Facility is dangerously close to Lodge building and Fire Escape Exit
o Fire occurred during Charity Bingo over 100 People attending
South Fire Escape Exit could not be Used
Recommendations
1. Rebuild Crematorium on Center Back of Property
o Reduces Fire Risk to Lodge
o Blocks the view of any Operations
2. If rebuilt on same site, then
o No Increase in Size
o Raise Smoke Stack above Lodge Roof
o Install a Solid Barrier Wall between Properties
3. If rebuilt on same site and larger size, then
o Raise Smoke Stack above Lodge Roof
o Install a Solid Barrier Wall between Properties
6
leg
EMI! -0 2- Hire Pictures
(Shown to PZC from podium)
10
:,4;:�'
Sally Maio
From: Maureen Mathewson [mathewsonm @bellsouth.net]
Sent: Thursday, January 07, 2010 12:00 PM
To: Sally Maio
Subject: Re: Crematorium
Dear Sally,
Thank you very much. Maureen Mathewson
EXHIBIT 3 (Read into record by' opponent)
Original Message
From: Sally Maio
To: Alfred Minner Robert Ginsburg andrea coy Don Wright Eugene Wolff Jim Hill Richard Gillmor
Cc: mathewsonm @belisouth.net
Sent: Thursday, January 07, 2010 11:09 AM
Subject: FW: Crematorium
Page 1 of 2
Due to the nature of this letter,which was addressed to two City Council members, I am forwarding it to all City
Council members, City Manager and City Attomey.
Sally Maio
City Clerk
From: Maureen Mathewson [mailto :mathewsonm @bellsouth.net]
Sent: Thursday, January 07, 2010 10:02 AM
To: Eugene Wolff; Richard H. Gillmor
Subject: RE: Crematorium
Dear Mayor Gilimor,
I was very surprised to find out that the Seawinds Funeral Home has a proposal
before Planning and Zoning tonight to increase the size of the crematorium by
500 square feet. Since this crematorium has been in operation, there have been
several problems that the owner and the government entities that I have
contacted have not addressed. The most serious problem has been pollution.
On many occasions, there has been heavy black smoke coming from the
crematorium. When I contacted Seawinds, I was told that it was the result of
"fat content I was shocked that they would answer me like that, so I called the
City of Sebastian. They told me to call the County Health Department. The
County Health Department told me that with proper maintenance, there should
never be black smoke and they would notify the State. I never received any
resolution. The black smoke continued and on one occasion that I know of, a
police officer drove over to make sure it was not a fire.
There is absolutely no screening between the crematorium and Fleming Street.
Remains are wheeled on gurneys from the funeral home to the crematorium
within full view of Fleming Street. Sometimes, a gurney is left outside the
1/7/2010
Sincerely,
Maureen Mathewson
108 Harbor Point Dr.
Sebastian
1/7/2010
Page 2 of 2
crematorium unattended. This really is not very respectful, and there should be
some kind of screening so that the cremation process is carried out privately.
When Seawinds asked for a permit to build the crematorium, they told the City it
would not be heavily used. This crematorium is almost always operating. It is
very heavily used.
The fire endangered everyone including the firemen. How did it happen? Was
this crematorium properly maintained? How many deceased were being
processed? With the fire, there are more questions than answers.
I urge City Council to deny this application and to regulate this business when it
reopens. They have not been good neighbors, and they have absolutely no right
to pollute our environment.
INDIAN RIVER COUNTY
DEPARTMENT OF EMERGENCY SERVICES
FIRE DIVISION
INVESTIGATIONS
Captain Robert L. VonBuelow CFI, CFEI, LEO
Fire and Safety Engineer, BS
1500 Old Dixie Highway Office: (772) 770 -5121, ext. 3011
Vero Beach, Florida 32960 Fax: (772) 770 -5120
E -mail: bvonbuelow@a,ircgov.com
CASE NUMBER: 09 -18569
DA'Z'E: 11/04/09
At approximately 1336 hours a structure fire was reported at 735 Fleming Street,
in the city of Sebastian. Firefighters arrived and reported a working fire at Seawinds
Funeral Home. They advised that the roof was on fire and they were making a quick
attack. I went en route and communicated by radio with B/C Dan Dietz while traveling.
Chief Dietz reported that the fire involved a small out building, not the funeral home. I
arrived on the scene at 1422 hours, and parked along side Chief Dietz. The involved
structure was ordinary construction with a gable roof and concrete shingles_ It was
located on the northeast corner of the property, and faced to the south. The funeral home
building was not involved. Fire personnel had established a fire line, and it appeared the
fire was under control.
Fire Lt. Duran and Sebastian Police Officer Hepfer approach my vehicle. Officer
Hepfer reported that when he arrived smoke and fire were visible at the roof line and
flames were rolling out of an overhead door of the crematory. The funeral personnel were
on the scene and reported the fire. No one was injured.
(wq,R2c r DI
EXHIBIT 4 (handed to PZC)
Lt. Duran was acting as safety officer and had spoken to the funeral home
personnel. Duran advised me that there were four deceased in the building at the time of
the fire. The cremator was in operation with client, two deceased were in a cooler, an a
third was on a shelf, outside the cooler. Mr. Sam Coburn was performing the cremations.
Mr. Coburn told Lt. Duran that he had performed the first cremation in the
morning, and started a second cremation (female) at about 1220 hours. He reported that
the temperature in the chamber was at 890f when he placed the subject, approximately
three hundred and fifty pounds into the retort. He pushed a button that would increase the
chamber temperature to 1690 degrees, and then returned to his office in the funeral home.
He (Coburn) was in the funeral home for about a half hour when a passer by entered to
report smoke coming from the chimney. Mr. Cobum walked out the back and was
approaching the building (crematory) when flames rolled out the overhead door. Mr.
Coburn ran back inside the funeral home and called 911.
Officer Hepfer advised that the funeral home personnel and other individuals
were gathered behind the funeral home, in front of the crematory. Responding to my
questions, he reported that he believed there were to news reporters among the group, and
the interior of the building was in plain view. Looking down the side of the funeral home
I observed PIO Brian Nolan moving about and talking to two individuals in street cloths.
The individuals were holding camera equipment. Based on this observation, I called Lt.
Duran back to my location, and questioned him about the activity and persons behind the
funeral home. He reported there were in fact two news reporters present, and that the
remains of deceased individuals might be visible.
2
I advised Lt. Duran that 1 was concerned about privacy and asked him to tell
Chief Nolan that I wanted him to escort these individuals to the front of the property
immediately. I met with Chief Dietz and reported the circumstances and my concerns.
Chief Dietz was unaware of Chief Nolan's location or that reporters were on the property.
Chief Dietz radioed Chief Nolan immediately. After meeting with Chief Dietz to
summarize the fire ground activity, I located Lt. Mark Wheeler, the first fire officer on
the scene.
Lt. Wheel reported that upon arrival he observed a large column of smoke arise
above the roof of the VFW Lodge. Pulling forward he observed that the fire was
contained to the smaller building of the funeral home. The roof assembly was burning
and the roof had begun to collapse igniting the interior of the building_ He made a quick
attack through the garage door opening. Bringing the fire under control they observed
bodies in the building and quickly established the fire line. They were advised of the
circumstance and halted further overhaul until I arrived. Small fires continued in the
dropdown debris.
I located Lt. Duran and requested that he interview the funeral home personnel to
determine the identity of the individuals, their pre -fire locations, review the time line of
activities in the crematory, any remarkable or unusual circumstances or conditions that
might be associated with the fire event.
Florida Power and light was on the scene disconnecting the service drop to the
building, so I walked the exterior of the building to examine and photograph the fire
effects and patterns. All of the observed conditions were consistent with the ignition
occurring in the roof assemble, as reported by Mr. Coburn and Lt. Wheeler. Evaluation
of the thermal reduction to the various combustible aspects (trusses plywood) the
resulting assembly failure patterns, and the debris conditions, indicated the fire started
above the location of the cremator.
Lt. Duran joined me at the front of the building and provided me with his notes of
meeting with Mr. Coburn and Mr. Young. He also had copies of Department of Health
documents identifying the individuals. Mr. Coburn had noted their locations at the top of
each sheet. Chief Dietz advised me that he had spoken with B/C Norman Wells by
telephone. He contacted Chief Wells as he was an experienced crematory operator. Chief
Wells briefed Chief Dietz on common operations and conditions which occur during
cremation processes.
I photographed the interior of the building documenting the general fire damage,
drop down patterns and location of the deceased. Entering the building I photographed
and evaluated the ignition and burning of combustible materials in the work space below
the attic area. I identified a wood shelf assembly along the west wall, cardboard flats
(boxes), plywood, the cooler (metal &insulation), and a wood shelf assembly on the east
wall. Patterns of thermal impact (charring melting) to these assemblies and materials
were consistent with the fire development in the roof assembly, and ventilation or fluid
dynamics. I searched for any daily activity logs or charts but none were found. Thermal
impact to the metal exterior of the cremator was unremarkable; however the control
cabinet or operating panel was destroyed. Thermal effects to the various components of
the overall appliance varied with their exposure to the dropdown fuels and target fuels.
I met with Mr. Coburn review his earlier description of activities in the crematory
and his discovery of the fire. He reported that all of the daily activity logs and charts were
4
in side the building. Mr. Coburn confirmed that he was performing the cremations. Mr.
Coburn explained that he had performed an earlier cremation without incident. He
advised that the equipment was in good working order, and had been properly
maintained. At approximately 1215 or 1220 he placed a female in the cremator. He
recalled that she weighed approximately 350 pounds. The chamber was approximately
870f, as he told Lt. Doran. He closed the door and pushed the button (preset) to bring the
chamber temperature up to 1690f, then, he when back into the funeral home.
As he had reported earlier, he was in the office about one half hour when someone
came in reported that visible smoke was coming out the chimney stack and he
immediately when to check the cremator. Exiting the rear of the funeral home he was
approaching the building, when he saw fire (flames) in the roof and fire coming out of the
open door. Seeing the fire he immediately alerted the others and called 911.
Mr. Young joined us asking when he could remove the remains. He had made
arrangements to transfer the individuals to Yates Funeral home. I advised the pair that I
need to examine the cremator, and take some elevated photographs. After which I would
have our personnel remove the subjects from the fire debris and transfer them to his
personnel.
Ladder One, was set up and I took additional photographs. While they
repositioned the truck, to block the area from view, walked through the scene to review
my observations. With the ladder repositioned I met with fire personnel and they
removed the individuals from the debris and carried them outside, where they were
received by the funeral personnel.
I advised the funeral home operators to leave the scene undisturbed and notify
their insurance company (State Farm) of the fire. I cleared the fire scene at 1640 hours.
RVB
References
1. Florida Department of Environmental Protection
2. Division of Funeral Cemetery and Consumer Services
3. Cremation Association of North America
4. Seawinds Funeral Home Permit
5. Crawford Equipment and Engineering Co.
A. Crawford C1000 Deluxe Operation Maintenance Manual
B. Crawford 500 -5000 Cremation Chambers Features Benefits
C. Crawford C1000 Series Operation Maintenance Manual
6. Code of Federal Regulation Chl 60.53c
A. Operator training and qualification requirements
7. Industrial Equipment Engineering Co.
A. Cremation Training Program
8. New York State- Environmental Facilities Corporation
A. Crematory Operator Training Program
9. Informal interviews with experienced operators
CONCLUSIONS
Based on my observations and investigation of the fire scene, reliable statements
and reports of professionals, the known circumstances and conditions surrounding the
event, and the statements of witnesses at the scene, I have developed the following
opinions: These opinions are offered with a reasonable degree of scientific certainty,
based on my education, training, reliable published research, and professional experience
in these matters.
1. This fire was an accidental event.
2. The area of origin was in the roof assembly
3. The first fuel ignited was ordinary combustibles of the roof assembly.
4. Ignition of the first fuels was the result of excessive heat transfer (radiant
and/or conducted) from the emissions vent (stack) pipe assembly.
5. Failure to monitor and regulate cremation chamber resulted in excessive heat
conditions.
1
QUASI- JUDICIAL PUBLIC HEARING
MARCH 6, 2003
PLANNING ZONING COMMISSION
SMITH: Announcements Mr. Barrett and Mr. Svatik are excused Mr. Blessing and
Mr. Carroll-will be voting if Mr. Carroll shows up okay. Did everyone have a chance to
read the minutes of February 20 any comments corrections alterations okay I'II
entertain a motion that we
MONIER: 111 make a motion we approve the minutes of February 20`
BLESSING: Second.
LORUSSO: I'm sorry who second.
MONIER: Mr. Blessing
LORUSSO: Thank you
SMITH: All those in favor please pass that down to Sue all right old business we
have a quasi-judicial public hearing and we have two of them tonight we're gonna
combine them we're going try to take both we're going to swear you in once so everyone
who is going to testify here on either one would you please stand and l'II administer the
oath to you. Anyone else. Okay do you swear or affirm that the factual statements and
factual representations which you are about to give or present before or to this planning
and zoning commission during this public hearing will be truthful and accurate. (Those
standing answered in the affirmative) Okay thank you just when you come up to the
podium to testify just give your name and address please okay will the applicant come to
the podium please.
LORUSSO: Excuse me Mr. Chairman I believe the next stage would be the ex parte
communication if anyone has that at this time.
SMITH: Okay would you do we have any disclosure of ex parte communications
in accordance with the law on this item
LORUSSO: Has anyone
SMITH: Has anyone anything to say
LORUSSO: Contacted or obtained information
SMITH: contacted the crematorium
ALLOCCO: You mean research
LORUSSO: I'm sorry Tracy
HASS: Any communication with the applicant including site visits or inquiries to
the proposed use.
C67/1/7?sz
EXHIBIT 5
ALLOCCO: I have made inquiries to the Department of Environmental Protection
concerning the application made here not with the applicant (feedback from the
microphone) nor did I visit the property from afar I made my observations I guess that
would fall under all disclosure I've not contacted any the other members of the
commission outside of any public hearing tonight probably would be the first contact.
SMITH: Anyone else? Okay.
ALLOCCO: And I have talked to the city attomey on certain matters relating to this
issue.
SMITH: All right then l'lI ask you to come up again applicant please. Would you
please state your name and address sir.
YOUNG: James W. Young 1450 42 Circle Vero Beach Florida. As far as when we
met two weeks ago you had asked for a couple of different options for the crematory site
my engineer Randy Mosby has turned that in to the staff and to my understanding we
got staff approval on the new location for the crematory really at this time that's all that I
have to add.
SMITH: Okay we covered the applicants that was the application was sent out to
the other people to make comments didn't we?
LORUSSO: Sorry sir.
SMITH: Did you send out the ah
LORUSSO: Yes, letters were sent.
SMITH: Okay we had two responses didn't we.
LORUSSO: The first time I don't believe any responses may have come back
SMITH: Okay all right Andy.
MOSBY: Randy Mosby of Mosby and Associates if I could speak um just a little bit
of additional information in what Jim has provided what we did do in the re- design is we
tried to incorporate to the best of our abilities I did not speak at the last meeting but from
my understanding of what the commission wanted we tried to provide additional
buffering and landscaping in addition to the relocation of the crematorium and I think
that's reflected ah well it is reflected on the new site plan that you have and I'm here to
answer any technical questions you have I have talked a little bit with Dr. Fischer on the
project and I think the buffers are one of the big issues that we have and we're here to
address any of those.
SMITH: Okay thank you anyone else for the applicant. Okay does anyone else
want to comment on this. Mr. Fischer.
FISCHER: Henry Fischer 520 Blue Island Street Sebastian we had some comments
last time my major concern and I've discussed it with Tracy Hass that ah this is a
to the Elks directly adjacent to any residential property close by the charter school
across from the Kash N Karry.
BLESSING: Say that again
ALLOCCO: one point two pounds of particulate matter
BLESSING: That's if its malfunctioning?
ALLOCCO: No that's under normal operation they're allowed to spill this into the
atmosphere after all if we take a 200 pound person and we incinerate them for 2 hours
where does the body weight go we're left with a small um full of ash or bone chips it
goes up into the air.
BLESSING: I spent two hours at Lowther Funeral Home at their crematory and they
were cremating someone and nothing was coming out and they had mirrors to reflect
anything that was coming out.
ALLOCCO: Well I beg to differ you're welcome to I'II give you Mr. Ruskin's phone
number here and ask him about it yes it does go up into the air now as a commercial
property adjacent to this for instance the Elks hall or the Kash N Karry they have air
conditioning systems located on the roof by Florida statute falling under the mechanical
code they're allowed or required to draw ten percent of outside air to dilute the build -up
of gases within the building and where do you think that's going to be drawn from the
surround area or the plume that's put up from the incinerator so no mention was made of
this its pure fact it can be check this is exactly 1.2 pounds its quite a bit based on a
yearly if we expanded his permit allows 10,241 pounds to be released into the
atmosphere up to any amount to and that would include I mean that would partake in
about a thousand cadavers. Based on this I don't see how I could vote for this type of
operation anywhere and based on the misrepresentations if I'm allowed to I would ah
like to make a motion right now although I would pass to other questions that the board
members might have and I would like to make the first motion upon return to me. Thank
you.
SMITH: Mr. Faille.
FAILLE: I'd like to ask is there an air washer involved in the equipment with this
place?
YOUNG: Before I go on Andrew as far as are you a mechanical engineer?
ALLOCCO: Yes I am I'm a professional engineer licensed by the State of Florida plus
I'm a mechanical contractor State of Florida license for 16 17 years now.
YOUNG: I was just curious if you were a mechanical engineer. As far as the
process for the cremation which I spoke about a couple of weeks ago the cremation
process takes about an hour and a half to two hours. The degree of the crematory is
between 1900 and 2200 degrees Fahrenheit it is a direct flame that hits that cremates
the person during the process the smoke goes up through a filtration system, which is
approved, by the state of Florida and it purifies and goes out the top of the crematory
through the furnace.
FAILLE: My question was is the filtration process dry or wet?
YOUNG: It's dry.
ALLOCCO: It's ah, question please sir it's not a zero emission operation it's not a zero
emission operation correct?
YOUNG: I'm not a mechanical engineer and I as far as that would
ALLOCCO: Well that was another problem 1 believe one of the members I think Mr.
Blessing asked to be supplied with technical data on the equipment specifically
operation manuals and the like all we did receive was a hand sketch of a
YOUNG: There's been a full copy of the retort given to Tracy.
HASS: In our files if anyone would like to peruse the documents
YOUNG; It's in their files. Well I guess my only concern would be we can a
crematory in Vero Beach we can have three crematories in Brevard county but here in
Sebastian we cannot have one.
ALLOCCO: You have a home in Melbourne which is a city of an excess of 60,000
persons have you applied up there for a crematorium.
YOUNG: 1 just recently acquired the funeral home.
ALLOCCO: By the way the one in Vero is located directly across from the railroad
tracks because I visited the exterior of it today it is not in a highly residential area its next
door to the Lesco fertilizer plant.
YOUNG: It's also beside the Indian River County Health Unit.
ALLOCCO: Well no the health department I believe is by the theater which is
YOUNG: The health department is right down the street and they keep a close eye
on the crematory.
STRINGER: If I can Mr. Chairman just stating for the record um as we typically do
where we have two quasi-judicial hearings concerning the same matter we jointly hear
the testimony and have the hearing but entertain separate motions um for that reason
this is also the hearing for the conditional use.
SMITH: Right
STRINGER: Um while emissions may not generally be within the realm of a site plan
review they would be within the conditional use if you look at the requirements of the
code but just for the record this actually is a dual hearing but typically we vote on
separate motions.
SMITH: That's what 1 intended to do with it to vote on two separate items here but
we did swear everyone in for both. Mr. Mahoney.
MAHONEY: Oh are you going around this way oh okay fine. I gotta thank Mr. Allocco
for his ah intrinsic statements he's made here but ah got to remember we're next to 512
which is a major artery and there's a lot of atomized rubber from tires going by there
every hour and. I wonder if anyone's done any studies on that to see how much
particulate matter wafting into the air from all those tires there's got to be a considerable
amount of that and my biggest problem is I'm confused about the permit or the issuance
of the permit or the lack of issuance thereof. There was an article in the paper or a public
notice an intent to issue a permit for an air construction permit and an air construction
permit is the one you must secure before you can make it an air general permit or a
regular operating permit so this was issued February 11 after we had our meeting and
after people had stated that the permits had been acquired so that's where I'm confused.
Do they have an air construction permit now?
HASS: On January 21 the state issued the notice of completion of their review
now when I, I'm sorry if I misled anyone at the previous hearing when I said that we had
that in the file what we had in the file was the actual notice from the state they completed
their review and were preparing the notice of intent then the next step is the notice of
intent following notice of intent to issue after the advertising requirements have been
satisfied that's when the permit is issued much like when we go through a land use
change within a community the state department of community affairs for any type of
modification or comp plan they will advertise that prior to acknowledging that the city can
move forward with that and so that's what's happened in this particular instance they ran
the ad in the local newspaper and also sent the applicant the detailed letter package
outlining that they were going to issue the permit
MAHONEY: Notice of intent
HASS: Notice of intent
MAHONEY: but there's a period when someone may appeal
HASS: That's correct
MAHONEY: Yes sir
YOUNG: They issued the draft permit about a month and a half ago which they
issue ahead of time and then once the ah as far as the actual permit we should receive
that probably in the next few days we're expecting it any day but they issue a draft
permit and give you the number just to go ahead and take care of the city part of it
ALLOCCO: Draft permit
MAHONEY: A draft permit?
ALLOCCO: Draft permit
MAHONEY: Could you explain what that is?
YOUNG: You should have a copy of ah
ALLOCCO: Well do we have it in the file would we send Mr. Hass to his office to
retract it and ah show it to us a draft permit you might mean a draft application
YOUNG: It was faxed to me I gave it to you
HASS: Yeah I think its in here I saw it
ALLOCCO: 1 have the copy of what you have in your hand there and that just shows
that you have a completed application and paid your fee.
HASS: This was issued
YOUNG: We've had that for two months
HASS: January 21 s 2003 this is what I was referring to that was in the file
ALLOCCO: So in other words what this tells me is that he submitted a complete
application but it says here they're not going to act on it until probably April 21 which is
contrary to a few days from now again I I really don't want to stress again
misrepresentation but it seems that's all we're getting here.
HASS: This is typical of any as I explained in my memo to the commission this is
typical of any intergovernmental agency that we deal with when they're reviewing St.
John's permit for instance we
ALLOCCO: We're not talking about the St. John's permit
HASS: Well we're talking about similar issues let me explain please in a St.
John's permit the same thing occurs we very rarely have a St. John's permit in hand
prior to the issuance of the site plan approval or the subdivision approval just as with the
health department these are other governmental agencies that have jurisdictional review
capabilities through their own separate permits our site plan approval is not contingent
upon the applicant obtaining these other state agency permits yes our code stipulates
that they have to obtain those but that does not mean that we have to they have to
obtain them prior to the site plan being approved.
ALLOCCO: Well if you remember a month ago I asked you specifically questions
such as that in other words if we turned down a month ago there's a good chance the
state wouldn't issue that permit but if we pass it there's another good chance that they
might now your
HASS: The state is not going to evaluate based on whether or not the city
approves it or not the state is going to issue it under their own criteria they have a
separate set of guidelines they follow it has nothing to do with the local jurisdiction.
ALLOCCO: Okay
YOUNG: Can I add something, They're going to come down and check the
machine also once it's installed.
HASS: No I have not spoken with him
ALLOCCO: I have no problem with that because the machine most likely if its being
sold in the state must comply I don't have a question with that and in going back to the
memo that you've submitted just now to me you eliminated a few other words that I had
asked you about a month ago now if we must I brought the transcript of the tape we can
play the tape right now if you'd like and hear the whole story.
HASS: I'm not sure that would accomplish anything what we're trying to do here
is establish the fact of the matter is they've obtained the necessary they've submitted the
necessary applications to the state the state has issued the interim permit the state has
issued the notice of intent to issue permit
ALLOCCO: I disagree
HASS: Which is not a part of the actual the site plan application that's being
reviewed here by you you are reviewing the use yes they still have to obtain the state
permits if they do not obtain the state permits they will not get building permits
ALLOCCO: I object to the use interim permit I spoke with Mr. Ruskin have you spoken
with him
ALLOCCO: There is no such thing as an interim permit there's a permit or no permit
HASS: Well they have an interim number so what do you want to call it and I
don't see where this line of questioning is going what we're here to review is exactly
we're to review the actual use is this use consistent with our land use guidelines and our
zoning guidelines is this an appropriate use for this piece of property the state will handle
the guidelines they will review this from their own regulatory
ALLOCCO: Okay
HASS: issue and determine whether or not it's consistent with their guidelines. If
they don't abstain if Mr. Young does not obtain all of the sign offs from the state level
he's not going to get local permits to build the facility.
SMITH: Mr. Mahoney do you have anything else?
MAHONEY: Yeah I'd like to read from your first synopsis they signed off on January
the 29 where your talking about number 23 other matters and you say Seawinds Real
Estate company has received the requisite department of environmental protection air
resources management permits for a humane I remember I asked about humane you
said that's the way the permit was printed
HASS: That's right right on here
MAHONEY: crematory facility so that's saying that he has received all the permits
HASS:
Well and that's in accordance with what I had received from Mr. Young
that was actually a copy of what the state had issued to him
MAHONEY: Yes well
ALLOCCO: Do we have a copy of the actual handwritten or typed application that was
made?
HASS: We've got the complete application we've got all of the technical
specifications we've got everything that you could ever ask for its right here.
SMITH: Mr. Fischer.
FISCHER: Ah, Henry Fischer, if the applicant had stated on
LORUSSO: Dr. Fischer, would you please, thank you so much.
FISCHER: The adjacent property owner was never notified by the state or by this
individual had the ah I clearly remember him stating he had this permit in hand. If he
hadn't had the permit in hand and he wouldn't have said that we could there's a public
input ah into the DEP permitting process and we would have had able to comment on
this by him disguising that he had the permit when he didn't have the permit left once
again the adjacent property owner ah without adequate notification. Thank you.
SMITH: Bill.
MAHONEY: Oh well enough of that as for the change itself you're going to be
removing the dumpster correct. Where the dumpster is now
HASS: That is correct and the actually from our understanding currently do not
really utilize the dumpster itself they have pick up at the door as opposed to using the
dumpster and its not a specific requirement that site can maintain a separate dumpster
as long as they have
MAHONEY: 1 was wondering where is the dumpster there's not going to be one
HASS: No there's not going to be one.
MAHONEY: Okay its just going to be removed okay correct so putting the facility there
you know that would be a change since the dumpster is already there yeah
HASS: Right.
MAHONEY; So
HASS: Right, its going in the location where the dumpster was
MAHONEY: It would be unobtrusive as far as the worthiness of the change um I was
just wondering where Dr. Fischer in relation to Seawinds you plan on putting in your
apartments.
FISCHER: The apartments can go adjacent to this property.
MAHONEY: Yes okay well they're putting in live oak correct they're going to put some
live oak in there which they start off live oak starts branching very close to the ground so
it's a very good tree for covering that they've got so that's a good move right there and
actually you're not going to have only 47 parking spaces now you'll have 49 because
you're only removing one parking space.
HASS: Right with the modification now right
MAHONEY: Yeah okay just want to get that corrected well that's all I have for now,
thank you.
SMITH: Mr. Blessing
BLESSING: Yes I'm going to have some questions for Mr. Young and Mr. Mosby I'm
not entirely satisfied with the screening that I had suggested previously that there be 25
foot screening of a class A catch me if I'm wrong here Tracy, but a class A opaque
screen and my purpose was to sort of disguise funeral cars backing up to this facility in
other words minimizing the activity that would be going in there I now believe that the
screen should be 40 foot in length from both sides not 25 and then I'd like to see for the
next 15 feet a Type B screen on both sides. I think that would have a little bit better
effect on screening this facility and making it less um offensive to people who might be
looking there. Question, garage door, which way is it going to open besides up I mean is
it going to open on the west side of the building or the south side of the building.
YOUNG: It will be on the
LORUSSO: I'm sorry Mr. Young please come up to the podium. Thank you.
STRINGER: Then everybody can hear once the question has been answered
YOUNG: It would be on the west side of the building.
BLESSING: Is there any reason why it can't be on the south side again
YOUNG: There's no problem
BLESSING: Again ah your limousines or the funeral parlor's would be more screened
by the funeral home and the screening landscape screening we're asking for if they were
backing up from that direction
YOUNG: Yeah, that's no problem, as far as putting the garage door on the other on
the south side of the building but I guess you know as far as we have funerals there
probably every other day or two or three times a week and we go out the side of the
chapel and place them into the funeral coach and we
BLESSING: I understand that all I'm trying to do is minimize the offensiveness the
psychological offensiveness that this may have to people that are looking in at the
property
YOUNG: Yeah, that would be no problem to make that change to the facility.
BLESSING: How many bodies will the refrigeration store 3, 6
YOUNG: Probably the unit that we will put inside the facility will hold 5 to 7 remains.
BLESSING: Okay, ah the crematory requires a lot of air I mean from what I observed
when l went down to Lowther Funeral Home was that it consumed a great deal of air and
they had a screened garage door that was opened plus they had other vents around the
building. The last meeting we talked about venting to the north and I presume that you
are still going to do it but it looks there was no indication of venting on the wall there
power vent I think it is right.
YOUNG: Correct.
BLESSING: Okay so if we can make sure that that still is going to be on the north side
YOUNG: That's no problem as far as
BLESSING: And it might be wise to have a screen facility over the door the garage
door so it could be left opened now I've I sat there and watched that chimney there was
a person being cremated for at least 2 hours and there was not any white smoke there
didn't seem to be any particular pollution coming out of it it was clean and frankly ah Mr.
Lowther told me he said we have to be very careful of that because if the state the state
just rolls in here and sits back in the parking lot and watches this thing for half a day at a
time he said and if it starts to smoke he said we are in serious trouble he said it's
something that we really watch carefully and he emphasized the fact that you need
operations that have been well trained on this and ah so that they're doing things right
they can't start the furnace too soon without it heating up that sort of thing. Who made
your furnace and where are they located?
YOUNG:
BLESSING:
It's a Crawford machine it's out of Orlando, Florida
Oh okay, okay that's probably the same one that I saw. Um will they
set it for you and does it require regular service?
YOUNG: Yes sir it does require regular service and they will take they will have a
maintenance contract with the Seawinds Real Estate Company.
BLESSING: Okay if ah how often have you been told that the state will show up
unannounced
YOUNG: Well they show up right now probably 5 or 6 times a year to check over
the funeral home the preparation room the department of professional regulations they
check over our paper work they come in and check the facilities ah since the problems
up in Georgia and some of the other states they quite frequently come to the facilities.
As a matter of fact we were just inspected not even a month ago.
BLESSING: Is there someone from management always going to be available when a
cremation is going on.
YOUNG: As far as one of the funeral directors will be at the site
BLESSING: Skilled in handling this kind of a facility
YOUNG: Ah yes sir as far as the training procedures I had sent that to Tracy the
engineer I hired from Orlando comes over and does the training for the people that are
going to operate the machine and they are certified he is certified by the state of Florida
to do the training and Tracy does have a copy of that in his file.
BLESSING: I know this is an emotional issue with people but its our job to be
constructive and not obstructive and we don't want anybody getting hurt the adjacent
land owners included but Sebastian is growing at around 9% a year and I frankly believe
we've got to consider this favorably. It's zoned properly and if we can keep the
offensiveness of this the psychological offensiveness of this facility at a minimum I would
vote for it. That's all I have.
YOUNG: 'Thank you Mr. Blessing.
MAHONEY: Might I ask you a question at what stage of the process are you in
acquiring the permit?
YOUNG: As far as the state permit for the crematory
MAHONEY: Yes the state permit.
YOUNG: The state has issued a draft permit number to the funeral home and that's
where we're at this point.
MAHONEY: Yes we were provided with some information from Mr. Allocco is that prior
to obtaining an air general permit a regular operating permit all new facilities are required
to obtain and demonstrate compliance with an air construction permit have you acquired
an air construction permit.
YOUNG: Yes sir we have that's the draft that's the copy that Tracy has in his file
from the state with the number.
MAHONEY: Did you have it a month ago when you made the statement that you did
have it (unintelligible) that you did have the permit a month ago.
YOUNG: I received it in January from the state of Florida and there's a note from
the gentleman, which Tracy has in his file that your permit number has been issued and
you can continue with the project.
MAHONEY: Was that the intent to issue a permit or you had obtained the permit
YOUNG: Yes they had they had given us the okay on the machine they look into
the machine as far as the actual machine the specs on the machine and they issue the
permit if it meets their criteria which it did and they issued the draft permit number to us.
I mean as far as the actual crematory goes through the state and as far as you
gentlemen as far as I would feel we meet the requirement of the City of Sebastian on the
land use the crematory goes through the state of Florida to get the approval it really has
very little to do with the City of Sebastian.
STRINGER: That's my job to advise them they have to do so.
YOUNG: But my statement as far as the permit is offered is brought to us by the
state of Florida on the machine as far as the machine has past their tests we've given
them all the specs on the machine they've issued the permit number for us it's called a
draft permit.
MAHONEY: Yeah I have a permit number here but I thought it would be different yes
Randy.
MOSBY: Again Randy Mosby, ah I'm kind of in a particular situation here because
I'm the engineer of record for Chessar's Gap and I've been Dr. Fischer's engineer for
many, many, many years and ah I know that there's been some discussions about
buffering between Mr. young and Dr. Fischer and again that's not an engineering issue
that's a land deal issue and I don't even want to address that and I really do appreciate it
I've never met Andrew before and I appreciate you all having an engineer on staff
because 1 think it's very valuable to your commission but one thing as a suggestion that I
can make and I cannot offer probably any more to this meeting tonight than maybe make
one more change or suggested change to the drawings the site as its designed has two
additional parking spaces and what we can do to provide more buffer as Mr. Blessing
was referring to we could move that crematorium approximately 20 feet further to the
west and eliminate two parking spaces and would still meet the parking requirements of
the city that would give us 20 feet more buffer to the property to the east and we could
and again 1 haven't talked this over with my client we could in addition to the buffering for
that short segment of the building there could be a missionary wall opaque buffer put in
along that east property line so we could add 20 more feet of landscape area and add a
wall for that short distance and it would provide a substantial more buffer with regards to
what Dr. Fischer is recommending I can't comment on that at all it's not my money I
don't write the paychecks but as an engineer the site plan can be modified to make
those changes and from what I'm picking up from the discussions here its ah the main
issue is buffering and the landscaping and I believe that's one if Mr. Blessing's the
comments about the emissions you know more about mechanical engine I'm a structural
civil engineer well when the permit allows it they set those as maximum limits when you
look at that bag there that's scary to me ah if that's the maximum allowed by permit
hopefully its not producing that so you hope that your permits are operating at much
lower than what's allowed by the permit application. I, I, my office is right next to the one
that you went to Lowther's funeral home I've never even seen any emissions, smelled
anything, our office is right next door to it if I didn't know it was there I wouldn't know it
was there. You know but as an engineer we could we could move the building 20 feet to
the west and we can get more green space and more buffer and if my client agrees to it
he could even put a short segment of masonry wall there that would provide a more
opaque feature. Again but that I can't speak of what Dr. Fischer would agree to and 1
can't speak for what Mr. Young is going to agree to but engineering wise the site plan
can be modified and still meet all the codes. Tracy and I just looked at it and ah that's all
I have to ah add I mean if there's any other technical questions which it doesn't sound
like there is cause I'm not a mechanical engineer
ALLOCCO: We have one here
MOSBY:
ALLOCCO:
parking?
MOSBY:
ALLOCCO:
MOSBY:
MAHONEY:
ALLOCCO:
Okay
MOSBY: Oh yeah
The addition of the 480 square foot building doesn't that require additional
Hopefully it's reflected in the revised parking calculations Tracy um
You're very marginal as it is and
As you see on this my engineer on the site plan
...five spaces for employees
Now do you add an employee to operate the crematorium?
MOSBY: Ah I don't know how again I don't know how that operates I would think
that you are probably not having your not doing a cremation while you're having a
funeral service I don't know hopefully I won't know that business for a long time and then
when I get to that point hopefully I won't know how it's done anyway. Ah but I don't know
with the power I believe our parking calculations are done per code and I've got a very
good engineer that does those for me and ah I'd look at them at one time but 1 don't
remember but I'm sure that we did them per the code.
HASS: Based on the use proposed there's an additional 5 parking spaces over
what is required by code for this use.
SMITH: Okay. Randy I like your comment on having an engineer but many of us
up here have much more experience in different fields and I think you've come up in the
brunt of it a few times here with some of your things
SMITH: I took you on quite a few times
MOSBY: Don't get me wrong I wasn't saying that anyone here is more
knowledgeable than anyone else I think you have a very good board here I've just never
really been let's say in one of my areas of expertise or one of my site plans where it was
real technically orientated where I could answer the questions which a crematorium is
not I haven't had that opportunity to go head to head with Andrew but I think it's great to
have an engineer.
SMITH: We're very fortunate to have Andrew with us. Ms. Monier.
MONIER: I'm almost glad I missed the last meeting. (END OF SIDE ONE) and the
terminology that's being used I'd like to see leave this meeting um this is a natural
process its not necessarily a comfortable one for a lot of people but it sounds to me that
Mr. Young is dong everything he can to work with the community as far as buffer and to
ease that psychological issue um as far as 1 can tell the paperwork whether the timing
was off one way or the other it seems straight to me by now all the permits the state's
doing what they need to do um I don't think I see any problems with this, this is just part
of life and unless there's a staff issue with permitting, which seems to be our biggest
issue, it sounds like it's been taken care of.
SMITH: Dr. Fischer you want to speak again?
FISCHER: Yeah, please, this is only nice if it's in somebody else's back yard if this
was near your-house•you'd be screaming ah there's a number of choices that can be
made tonight ah the number one choice would be this gentleman would move to a place
near the railroad track in a general commercial away from a residential area um that
would be a great thing I would recommend if you are going to approve it delay it 30 days
for further discussion and ah there are a lot things that you can do as a planning and
zoning board you're just not up here for a formality there are restrictions can be put on
this operation of this very very very very negative impact on my property and I would
strongly recommend this gentleman move it up to the northwest number one he doesn't
have to put it on my boundary it's a nice recommendation on 20 feet he should purchase
more buffer so he doesn't negatively the value of my property will be decreased at least
50 to 80 percent when he puts this on my boundary line okay this is not a mundane
operation he should be restricted to the hours of operations not on Saturday or Sunday
he's told us that he's only going to do one or two things he said there's not very much
business on this so he doesn't need Saturday and Sunday and that's your prerogative
that's your duty in matter of fact that's why you're here hours of operation it's not unusual
you put hours of operations on my operations all the time so I'm not I'm used to that so
you do that that's part of you job.
MAHONEY: We've done that with the car wash.
FISCHER: Pardon
MAHONEY: We've done it on a car wash.
FISCHER: You've done it on car washes so here's a guy with an incinerator next to
residential areas so you do have the right to certify that the Elks while they're having a
picnic on Sunday don't have to have him cranking this thing up. Um the ah you can
demand or you can require an operator that's certified on site at all time we know they
do fail that's why the state comes looks at these things and you already know from t his
engineer that gave a that the state when they would come to you they would need a
certified smoke detector the DEP doesn't have that he says I inspect it 5 times that
doesn't mean anything the DEP would have to send a smoke specialist with the
instruments to negate or cause him any trouble so he got this ah what is it 11 what was
the poundage it can do.
ALLOCCO: It can do 1.2 pounds per hour
FISCHER: 1.2 pounds per hour
ALLOCCO: 10,241
FISCHER: 10,000 see that's a lot that's more than a gigantic incinerator which
Randy knows so you got this ah hours of operation, certified personnel on site, more
buffer, go to the northwest side, if he's in a hurry he'll yield to you he'll go to the
northwest side I don't want him on my boundary I don't want him to cost me I paid a lot
of money for this site I put in water and sewer and drainage and ah thoroughfares and
um plumbing water pipes drainage pipes and I've got a lot of money in this thing okay
and it's not fair for this fellow to come here and dump on this community on this thing
you need to limit his hours to 8 hours a day no Saturdays and Sunday a certified person
on site and you all need to get a smoke detector so in case this doesn't because there's
no one gonna monitor this the DEP doesn't send a smoke detector down in 25 years so
this thing can -run any way he wants to run it so at least give the Elks a chance in their
picnic area on Saturday and Sunday that they don't have this guy cranking these bodies
out of here which I don't have any problem with these 1 just have a problem with it in my
back yard. Thank you.
MONIER: Sir do you
SMITH: Dr. Fischer can I ask you one question. You mentioned about a buffer
that you were trying to get Mr. Young to purchase part of your land to use as a buffer
you said something about 97 feet is that the length across the back of the property.
FISCHER: It's 250 by 87 would be a half acre and that's what we discussed with this
gentleman and he's got another home he's built he tells me and he's just purchased one
in Melbourne and he's building one in Vero and where do you think all those bodies are
going to go. Now there's hundreds and hundreds and thousands of bodies sitting in
Melbourne with no place to go and he's picked Sebastian so you got to know that he's
going to crank them out you need ah you don't need them there cranking that thing 24
hours a day if he can't do it in 8 hours and he can't do it during the week days and he
can't do it within (unintelligible) then don't give him the permit.
MONIER: Um, how long has Strunk Funeral home when was it built?
MR. YOUNG: 1982
MONIER: 1982 Dr. Fischer when did you buy your property?
SMITH: That was his all along
MONIER: Or Seawinds I'm sorry
FISCHER: Sold him his property I've sold him his property okay
MR. YOUNG: 5 years ago
FISCHER: 5 years ago I bought the property in 86 something like that
MONIER: Okay so you bought the property the funeral home was there no
HASS: No it was constructed after the purchase
MONIER: After Dr. Fischer owned all the property and then sold to for a funeral
home
HASS: That's correct
MONIER: Okay
MR. YOUNG: I'd like to add something, as far as restricting the crematory for not being
able to run the crematory on the weekend the problem with that in the state of Florida
there's a 48 hour waiting period before you can be cremated and also there's paperwork
that we need to get completed in the mean time let's say for instance somebody passed
away.on Wednesday and they came into the funeral home and made the arrangements
there's a 48 hour waiting period before we can cremate the person well we may not get
the paperwork with the authorization back from the medical examiner so we would have
to wait until Monday of the following week to cremate that person it it as far as it's 48
hours from the time of death and also sometimes the doctor won't sign the death
certificate for a day or a day and a half so we would have to make that family wait until
the following Monday before the cremation would take place so you're talking
Wednesday, Thursday, Friday, Saturday, Sunday, Monday six days before the person
would be cremated.
SMITH: I understand that you have a refrigerator that will hold 7 bodies is that
correct.
YOUNG: That's correct but I'm talking about the part that your mother is there at
the funeral home for 6 days before she can be cremated because the City of Sebastian
doesn't want anybody working on the weekend in the crematory.
SMITH: Well, okay thank you.
BLESSING: One question Mr. Young ah the crematory is equipped with a silencer
YOUNG: Yes sir you can pretty much stand right outside the crematory and not
hear it run. I mean you were down at Lowther Funeral Home and you were probably
sitting in the front reception in the reception where the reception is and probably couldn't
even hear the retort running could you.
BLESSING: No it was it was relatively quiet you can hear it but for a machine that size
and doing what it was doing it was relatively quiet.
YOUNG: It's very quiet.
BLESSING: And I want to thank you Mr. Fischer for suggesting that I learn something
about crematories.
ALLOCCO: Okay, is it a requirement that you have a sign there explaining
crematorium or stating crematorium is that in the Florida Statute in your industry.
YOUNG: That a crematory is located on the property?
ALLOCCO: Doesn't it have to say crematorium.
YOUNG: Well we will put up a new sign once this is approved and put Seawinds
Funeral Home and Crematory but to my knowledge
ALLOCCO: You were asked that question a month ago and ah somebody asked
about identifying it and you said it would be not obvious.
YOUNG: As far as most of the funeral homes have for instance Strunk Funeral
Home and Cremation Service its part of your advertising that you offer that service
doesn't mean that you have a crematory but if you look in the phone book they're all
listed under crematories and cremation services.
SMITH: And they farm out the body then.
ALLOCCO: Prior
YOUNG: Excuse me
SMITH: They farm out the bodies
YOUNG: That's correct
ALLOCCO: Prior to cremation do you remove the fillings from the cadavers' teeth?
YOUNG: l won't even go there you know better than that
ALLOCCO: No I I'm bring this point up because it's a general knowledge throughout
the industry that burning of the fillings causes a hazardous material within the air this is
another thing from Mr. Ruskin you probably familiar with that am I not you never heard
that before? 1 asked a question have you heard about that
YOUNG: And I won't even answer that question
ALLOCCO: Okay
MONIER: Thank you very much.
SMITH: I think that we covered this yes
FISCHER: I can answer that for you. Mercury's a stable compound in your teeth as
long as it is in the form of an amalgam. When you burn it mercury vapors release that's
just plain chemistry.
ALLOCCO: That's a hazardous material exactly as an expert
SMITH: But the chemicals are so minute that it wouldn't enter into the equation
MAHONEY: So once it enters the air it becomes methyl mercury that's going to
become
SMITH: Oh my God we learned that in chemistry years ago okay I think we beat
this to death I'd like to ask any one else had any more questions on this we'll take the
first the
STRINGER: I would like to
SMITH: Minor modification first
STRINGER: Actually um probably it would be best to do the conditional use because if
you don't allow the use you don't have to worry about whether or not you are going to
approve that specific site plan general you go from the more general to the more specific
the only reason they're in this order on the agenda is one was old business.
SMITH: Okay so I'll ask for the conditional use
STRINGER: Ah yeah just to read you over what you are to consider and also as far as
one direction as to what you're not to consider and that is the interpretation under this
code um interpretation of whether or not having a crematorium on the site would be an
accessory use while the planning director had the option to go to the Planning
Commission for advisory opinion the following interpretation of that is up to the Growth
Director any appeals from that if someone disagrees that this is an accessory use to the
funeral home appeals of that could be made to the City Council sitting as the Board of
Adjustment that's where really the decision of whether or not it is an accessory use is not
within your jurisdiction within your jurisdiction you have six criteria to look at which is on
6 -1 of your LDC if you want to read it but one is that the design located and proposed to
be operated so thus the operation type thing comes into play so that the public health
safety and welfare will be protected. Number 2 that it does not present an unduly
adverse impact upon other properties in the impacted area in which it is located you're
also supposed to find it based on the skill intensity and operation of the use it shall not
generate unreasonable noise traffic congestion or the potential nuisances or hazards to
contiguous residential properties. Ah your fourth finding is that it conforms to all
applicable provisions of the district in which the use is to be located um that would be
more along the lines of site specific things ah as I said the interpretation that it is an
accessory use has been made um you have to find it satisfies specific criteria which are
not really in here there's specific criteria for funeral homes which have already been met
so there number 5 is not applicable. The following is it consistent with the Code of
Ordinances and the Comprehensive Plan so those are the things that you're actually
supposed to be able to say we find all those are present or if you vote no you have to
say what you find is not.
SMITH: Then I can ask for a motion on the conditional use permit first, Mr.
Stringer?
STRINGER: Yes.
SMITH: Okay, I'd like a motion on the conditional use permit first anyone make a
motion.
ALLOCCO: Mr, Chairman I'd like to make a motion we disapprove the application of
the conditional use based on items one and two as read by Attorney Stringer mainly
doing with the health and safety and adverse activity upon the neighborhood.
SMITH: Okay you make a motion not to accept it anyone want to second that.
FAILLE: I didn't hear the motion could you repeat it please.
ALLOCCO: Yes I make a motion we disapprove issue of the special based on items 1
and 2 dealing with public safety and adverse conditions.
FAILLE: Okay thank you
SMITH: Do we have a second?
FAILLE: 111 second.
SMITH: Okay call for the vote Susan
LORUSSO: Okay, Mr. Faille (yes), Chmn Smith (no), Mr. Blessing (no), Mr. Allocco
(yes), Mr. Mahoney (no), Ms. Monier (no) okay the vote is one, two, three, four no two
yes motion to deny fails.
SMITH: Okay can I have a motion on the conditional use permit?
MONIER: I'll make a motion we approve the conditional use for Seawinds
BLESSING: Second
LORUSSO: Mr. Blessing second
SMITH: Mr. Blessing second call for the vote.
LORUSSO: Mr. Faille (yes), Mr. Mahoney (yes), Mr. Blessing (yes), Ms. Monier (yes),
Mr. Allocco (no), Chmn Smith (yes). Motion passes 5 to 1.
SMITH: Okay the second one will be on the site plan is that correct, minor
modification can I have a motion for that please.
BLESSING: Mr. Chairman I move to approve the application from Seawinds Real
Estate Company to add a 480 square foot crematory to their property at 735 Fleming
Street, Sebastian subject to the following conditions that a landscape screen namely a
Type A opaque screen as described in the Land Development Code under Section 54.3-
14.16 be extended to 40 feet on the east side of the crematory building and to 40 feet on
the north side of the crematory building. That a Type B screen will be added so as to
extend the landscape screen an additional 15 feet on both the east and north sides of
the property thus the overall screens on the east and north sides will be 55 feet. That the
garage door shall face south and be screened. That the powered exhaust fan shall vent
to the north and I've got thoughts on this and that ah the operating hours be restricted to
five and a half days per week. Do we have to name the hours there?
MAHONEY: Did we get into that?
STRINGER: All right ah actually if you want anything like that what you have to do is
move to reconsider on the conditional use because it was passed without conditions.
SMITH: Oh okay okay
C3�
STRINGER: You can add conditions on the conditional use as you can on the site plan
but I think if you want to have hours of operation or something like that all you gotta do is
move to reconsider the approval on the conditional use and add that.
BLESSING: Well I'll leave that that's my motion.
SMITH: You got that
LORUSSO: Got it.
SMITH: Anyone second you want to read the motion so we all understand it.
MONIER:. The hours are not included.
LORUSSO: The hours are not included. What is included is the Type A opaque buffer
40 feet on the east and 40 on the north with a Type B additional going for an additional
15 feet east and north the garage doors are to facing south and be screened and the
exhaust fan to vent north. Those are the conditions.
MAHONEY: I'll second for discussion. You're talking about screening the door?
BLESSING: Yes.
MAHONEY: How do you accomplish that?
BLESSING: Sliding screen. They need air from what I can gather that crematory
really consumes air and they have to have vents on all sides of the property but the
powered vent should be going facing north because it really sucks in air.
MAHONEY: You're referring to the revised site plan.
BLESSING: Yes.
MAHONEY: Okay, in the northeastern corner
BLESSING: Yes.
MAHONEY: Well I seconded it for discussion. The problem I have is with this
accessory use is the permitted use I shouldn't be talking about this now but it seems like
its just its sort of like humpty dumpty a word is whatever 1 say it is no more no less
because this is like a wide open provision accessory use permitting it could be a lot of
things that aren't in the code this seems too open for me. I know I shouldn't be bringing it
up now but that's a problem I have in accessory uses.
STRINGER: It's those guys that were on the planning commission when they
approved the LDC changes it is defined (unintelligible) um it says uses clearly incidental
to the principle purpose ah that is subordinate in the area extent and purpose to the
principle use and you talk about pretty wide open and that contributes to the comfort
convenience or necessity of the principle use and located on the same lot so you know
when you consider that as being the definition of accessory use Tracy's probably not too
out in left field with his interpretation um I think it could be argued that it does help the
convenience of the funeral home to have a crematorium on the site.
MAHONEY: But it's not consequential to it
STRINGER: Yeah, it's wild
MAHONEY: Yeah, that's the problem I have with it
STRINGER: Actually there is a second to the motion
SMITH: Right there is a second
STRINGER: Ah under strict procedure we've always had this backwards in Sebastian
don't ask me why but usually after the second then you have discussion among
yourselves and the only most of the boards around here think once there is a second
they can't discuss it anymore in truth after the second you can discuss it with what it
prohibits while there's a standing motion with no more input other than if there is a
specific question from you guys to either us or somebody else.
MAHONEY: Right that's why 1 seconded it for discussion.
STRINGER: I knew you knew that.
.SMITH: Well anyone want to discuss it.
MAHONEY: Well if we could incorporate the proper safeguards I think Dr. Fischer is
worried more about sight Tines when he puts his apartments in than anything else people
might be viewing this or just aware of its presence on the property but since the code
says its an accessory use to Seawinds Funeral Home which is already there which is not
supposedly dissatisfying I can't see how putting in a crematorium of this small size would
cause so much discomfort unless there's some religious you know. Yes Dr. Fischer
FISCHER: We're under public discussion yet we didn't close the public hearing did
we?
MAHONEY: I don't think we did no
FISCHER: Okay under discussion ah the engineer offered you a 20 foot more foot
setback and a wall would be a positive and another positive when you go back to the
comprehensive part with the two ah restrict the hours on the weekends to after 8 o'clock
if he needs weekend hours so the Elks are having a picnic in the afternoon he should be
restricted on the hours of operation till later in the day Sunday say like after 7 or 8
o'clock. Thank you.
SMITH: Okay, I don't think that's applicable is it Mr. Stringer.
STRINGER: (Unintelligible) I didn't hear it
BLESSING: We can re -open the conditional use.
SMITH: I know but I don't want to go through that again.
YOUNG: I guess my concern would be how about if I'm having a funeral on a
Saturday and the Elks are over having a barbeque. I mean what's the difference.
SMITH: Okay
MAHONEY: The transporter vehicles are still there and you know they've been going
on.
SMITH: I think I better close this public hearing.
STRINGER: Then we need to restate the motion.
SMITH: Okay. I'm going to close the public hearing now so everyone who spoke
is finished. Okay restate the motion.
BLESSING: You want Sue to do it?
LORUSSO: Both of them or just the site plan.
STRINGER: Oh he can just say I remake my motion at this time.
BLESSING: I remake my motion.
LORUSSO: What I'm saying both motions the conditional use and the site plan or just
the site plan, just the site plan okay
STRINGER: If they're clear on what the motion is you don't actually have to read it just
the maker needs to say that he remakes his motion because we really weren't supposed
to be taking a motion in public hearing.
SMITH: Bill you want to add anything.
MAHONEY: Well I like what Randy said but he's not here anymore. Could we incorp
would you be amenable to incorporating what Randy suggested to removing two more
parking spaces and putting in more buffer I forgot how he phrased it.
BLESSING: Um actually if we could move it forward 20 feet is that what it was and ah
still put the buffering landscaping in and he even offered a wall I believe that's an either
or choice.
MAHONEY: It depends on what Mr. Young is agreeable to.
MR. YOUNG: Was he speaking for Mr. Fischer or for myself.
BLESSING: No he was just speaking general.
MR. YOUNG: As far as I'm concerned the site plan that we've turned in as long as we're
not interested in making any changes unless it to the buffer as far as the landscaping he
was talking for Dr. Fischer not for me.
SMITH: We have a motion and we have a second
LORUSSO: Yes and the public hearing is closed now no no its closed now we can't
any more public input
FISCHER: Mr. Young just made some input and I would like to say it's detrimental to
my property and by setting it back 20 feet further to the west and putting a wall up and
buffering as your doing is a further positive part of a negative impact.
SMITH: Where are Sue.
BLESSING: I repeat my motion.
LORUSSO: Thank you Mr. Blessing.
MONIER: That motion is to contain the buffering right the landscaping.
LORUSSO: That motion contains the Type A landscaping 40 feet going east and
north then Type B going east and north for 15 feet
BLESSING: Additional feet
LORUSSO: Additional feet yes. It contains the garage door to face south and have
screening. The exhaust fan to vent to the north.
SMITH: Okay all right
FAILLE: There's no restrictive hours of operation.
LORUSSO: no
BLESSING: No that's ah Rich said we had to we'd have to reopen the conditional use
hearing again if we wanted to do that.
MONIER: Okay I will second that.
LORUSSO: Well that motion had been seconded by Mr_ Mahoney did you want to re-
second.
MAHONEY: We renewed it I'm waiting for another second.
MONIER: I'll second as a final.
LORUSSO: Okay thank you.
SMITH: Okay want to call for the vote then.
LORUSSO: Okay, Mr. Faille (yes), Ms. Monier (yes), Chmn Smith (yes), Mr. Mahoney
(yes), Mr. Blessing (yes), .Mr. Allocco (no). Motion passes 5 —1.
SMITH: Okay do you want to reopen for the we're done with that okay all right
chairman matters, Tracy I have only one thing I brought to Sue's attention that the notice
in the paper on Sunday had the meeting time as 6:00 p.m. and it may through people off
on these govemment meetings at 6:00 p.m. instead of 7:00 p.m. would you just make
sure they do the right thing in the newspaper.
LORUSSO: May 1 answer that?
MAHONEY: They printed a retraction.
SMITH: Did they.
LORUSSO: Yes, Mr. Smith I did contact Jeannette at the city clerk's office she called
the newspaper and as Mr. Mahoney said yes they did print a retraction and did correct
that.
SMITH: Good I just wanted to bring it to your attention. Okay thank you very
much. Members matters anyone have anything.
BLESSING: Have we heard anything about Sebastian Retail? That place is as clean
as a whistle nobody's doing beans up there.
SMITH: That's for sure.
HASS: The building department contacted them and issued the permit the
applicant picked up the permit last week and the materials will be in and construction will
start Monday.
SMITH: Great we'll be watching.
HASS: So will we.
SMITH: Okay, director's matters.
HASS: I have nothing.
SMITH: Okay
MAHONEY: Oh wait we didn't go
SMITH: Mr. Stringer you have anything?
STRINGER: We have one thing that that I guess we're going to need to bring to you
but it will be quite simplistic which is the ah house numbers on buildings um code
enforcement wanted that changed because right now they have 30 days once our officer
gives them notice that they don't have the proper building numbers on their house and
they don't know if that originated back when people had to go out and cut down the trees
and build the house numbers themselves but with the implementation of Wal -Mart and
such they figure that 7 days is plenty of time to go down there and buy house numbers
and stick them on your wall. Ah looking at that though 1 don't know why the heck that's
in the land development code you know since land development involves the
development use of land if your argument is that the house is on land then what isn't
land development ah that's really a public safety issue so what l would bring to you is
just to delete that section out of the land development code and what we'll do is at the
time we take an ordinance to city council we'll delete it there and move it over as
amended into the regular code of ordinances.
SMITH: Okay, all right.
STRINGER: If you get something just deleting it out in your packet don't think that it's
going away we're just really moving it.
SMITH: Okay.
STRINGER: Though we have done that once accidentally we're going to fix that.
SMITH: Okay. Like to adjourn.
MAHONEY: Whoa
SMITH: Any comments
MAHONEY: I have several comments on the (unintelligible) down there at Jackson
Street where they put all that asphalt in people are a little upset about that you know
STRINGER: What project was it where everybody came in screaming about the ah
that there no landscaping and they weren't even done with the asphalt yet and its
really not a good idea for the plants to have them there when you lay down hot asphalt
ah
HASS: We're still working on some striping issues and the traffic control as far as
installation of stop signs and ah some traffic control through that corridor to the street
way itself that's obviously not quite completed yet and it will be vastly improved I know
right now it's just a big asphalt forest you know eventually or an asphalt sea whatever
you want to call it eventually there'll be stripping and landscaping and the traffic controls
it will tum out quite nice.
MAHONEY: Yeah well they've paved ah they put asphalt on the sidewalk towards the
end of the city proper and I thought that was they were going to extend the sidewalk but
it looks like they are just making parking. I remember 1 asked that one time and you said
yeah they're going to extend the sidewalk once they get done and I think the chairman
said it was on the site plan not our chairman the former chairman but this asphalt they
just went and paved it like they were going to stripe that and make that parking instead
of a sidewalk.
HASS: Which area are you referring to?
MAHONEY: On the east side
SMITH: On the river side
MAHONEY: The sidewalk stops when it gets to Captain Butcher's about four years
ago they said they didn't want to put anything there because they wanted to get trailer
trucks to park there guys would pull up with hand trucks and wouldn't be hit by traffic so
and then you said well they're going to extend the sidewalk.
HASS: Right and as far as the stripping and the delineation of the sidewalk now
its asphalt because the sidewalk is going to be extended to about the median of the
street where the big oak tree or the big palm trees are they have their sign that's just a
little bit further north on the north side of the street the sidewalk is going to meet at that
area
MAHONEY: It's going to be on the east side.
HASS: On the east side so it will extend from the existing terminus north to about
where the building is and then it will cross the street there'll be ah
MAHONEY: Oh it's not going to go beyond the building it's just going to go to the
building 1 mean
HASS: It's not going to go all the way north to the end of the property
SMITH: Oh across the street
HASS: Across the street and then it'll
SMITH: Then go north
MAHONEY: Oh its just going to go far enough so people can cross the street without
going diagonal.
HASS: That's correct the street will be delineated we'll have a crosswalk just like
the other ones that are stamped concrete and look like the pavers we'll be doing that
MAHONEY: Have there been any applications for stop signs on Indian River Drive for
Captain Hiram's there or Hurricane Harbor.
HASS: No
MAHONEY: Well you don't expect them
HASS: Well the sign shop is working with the engineering department in installing
the signs and crosswalk markings.
SMITH: Anyone else got anything. Yes Mr. Faille
FAILLE: I don't know whether it's my fault or the public address system's fault or
what but I don't need a microphone as you can tell but I am finding it exceedingly difficult
to hear everybody. Some people I can hear and some people I can't and it's not your
fault I'm the guy that's got the affliction is this thing working like its supposed to?
LORUSSO: I go around and
STRINGER: Well we did have 111 ask if its still around we did used to have headsets
for Mayor Wenenger because she really couldn't hear anything up there um so she had
a headset so she could hear.
MAHONEY: Yes I remember
FAILLE: Well what does the headset plug into the
MAHONEY: She had a jack up here to plug it in
FAILLE: Well when I tried to use those they blast my ears off. But anyway I just
wanted to make sure that you're all operating it the way it's supposed to be operated and
if I can't hear it I just.
SMITH: You got anything, Andy you got anything.
ALLOCCO: He might try changing his seat though it might be different than in the
corner.
SMITH: Yeah that's an idea.
ALLOCCO: Try a different seat.
SMITH: We'll move you to a different seat all right.
FAILLE: The what?
SMITH: A different seat maybe the mike will work better there
FAILLE: the majority of the talking is down here on this end the farther I am from
them the less I'm going to hear.
SMITH: Oh I see okay
FAILLE: I'm interested in hearing everybody really but I don't if I'd say I had my
choice I'd rather hear what they got to say because they're the ones we're going to find
fault with right. Anyway just a point.
SMITH: All right, meeting adjourned, thank you very much.
8:23 P.M.
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SHEET 3 OF 3
CONDITIONS
EXHIBIT 7 (handed to PZC)
1. A fire suppression system shall be installed in the direct disposition establishment.
2. The cinerator facility shall have installed new "state of the art" cremation
equipment.
3. The hours of operation of the direct disposition facility, including but not limited
to, the movement of human bodies to the direct disposition facility and use of a
retort or cremation chamber shall be limited to between the hours of 11:00 pm and
3:00 am.
4. Prior to the issuance of a Certificate of Completion for the direct disposition
facility the entire, parcel of land shown on the Site Plan as owned by Seawinds
Real Estate, LLC shall be platted as Chesser's Gap Subdivision Phase III and said
parcel of land shall be annexed to and made a part of the Chesser Gap
SubdivisionlChesser's Gap Property Owner's Association, Inc. in a form and
manner as approved by the City attorney.
5. Prior to the issuance of a Certificate of Occupancy for the direct disposition
facility, a type "A" Opaque Screen as provided in LDC Sec 54- 3- 14.14(c)(1) shall
be installed as follows:
a. Along the entire East property line.
b. Along the entire North property line, except where intersected by the
existing driveway.
c. Along the West property line North of the existing driveway.
d. Along the South property line starting at the Southeast corner of the
property and extending West 100 feet.
W:\ClicntstDEF\Fischer. Henry Hank, ErietConditions.doe
vaminsetenizzazzawassom
EXHIBIT 8 (2 pages shown on overhead projector)
i t nter itarns Scree
isplays 1 l(igh of Low fire,
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16 "X16 "X%"
U. S. Cremation Equipment's Model US 300 PS Processing Station creates a safe work
environment through a filtration system that recovers dust when transferring cremated
remains from the cremator into the Processor and the processed cremated remains into a
temporary container or permanent memorial urn.
A stainless steel sorter tray allows for easy separation of ferrous metals from the
cremated remains before depositing in the stainless steel processor drum. The drum is
equipped with stainless steel blades driven by a 1% Hp motor. The drum lid provides a
dust free seal and the entire reduction process takes less than 30 seconds. An exhaust
system captures any air borne dust in easily replaced standard sized filters.
�a;
Grainger Industrial Supply
G GER;
Milalartmarmt
Additional Info
Exhaust Fan 18 in
Exhaust Fan, Industrial/Commercial Direct Drive,
Propeller Dia 1B In, 3348 CFM 0.000-In SP.
0.125 -In SP 3125, 0.250 -in SP 2878, 21 $ones
0.125 -In SP (gr 5 FL, Max Ambient Temp 104
Deg F, Volts 115/230, 60 Hz, 1 Phase, Full Load
Amps 6.0/2.8, Motor RPM 1725, 1/3 HP, Bearing
Type Ball, Height 22 In, Width 22 In, Max Depth 13
7/16 In, Vertical orHorizontal Mounting Position,
Frame Material Steel, Frame Finish Baked On Gray
Polyester, Propeller Material Stamped Ataminum,
Number of Blades 3
3)0046
5496.00
DAYTON
3XK46
1
1.
Ship Weight ()bs.) 51.0
Usually Ships Today
Catalog Page No. 3702
Prim ahcwn may not nand your pica. Log in Of minnow.
Grainger hem
Price (ea.)
Brand
Mfr. Model
Ship Qty.
Sell Qty. (V118 -Ca8)
Meet Drive Venturi Exhaust Fans
Steel frame has a baked on charcoal gray polyester finish.
See Index under "Shutters" and 'Intake Guards" for recommended accessories. Fans are UL
and C-UL Listed.
Mount vertical or horizontal, except vertical only No. 3CWC4
Motors: totaly enclosed
Ba8 bearing
Max. inlet/ambient temp_ 104 DegreeF
Ahmirxm blades
Commercial Units
Stamped blades quietly delver a high volume of air.
Ideal for ventilating schools, offices, storage facilities, and fight manufacturing assembly
areas.
Tech Specs
Item: Exhaust Fan
Type: Industrial/Commercial Direct Drive
Prope»ar Ole. iln.k 18
CFM 0.0004n. SP 3348
CFM 6)(1.1254n. SP: 3125
CFM 6)0,2504n. SP. 2876
CFM 0.375 -In. SP: 2570
Bones 0.1254n SP Q 5 Ft.: 21
Max. Ambient Temp. IF): 104
Voltage: 115/230
Hz: 60
Phase: 1
Mc8or HP: 1/3
Motor RPM: 1725
Motor Type: Sprit Phase
Motor Enclosure: Totally Enclosed AY -Over
Motor insulation: Class A
Bearing Type: Bag
Fut) Load Amps: 6.0128
Watts: 475
Height On.): 22
Width On.): 22
Max.. Depth (1n.): 13 7116
Optional Accessories
Fan Shutter, 113 1/2In
Item 1C744
Brand: DAYTON
Usually Ships: Today
Price Om): 550.00
Shutter, Wail, 181n
Item 4C558
Brand: DAYTON
Usually Ships: Today
Price (ea): 352.75
Fan,Shutter, 18 ln, Beige Fiberglass
item p: 6C213
Brand: DAYTON
Usually Ships: Today
Price leak $89.55
Fan Guard, 18 in, Galvanized Steed
Item 8: 1 WBU1
Brand_ DAYTON
Usually Ships: Today
n. n.. _1_
printed December 16, 2009
Page 1 of 2
C1✓ J
Grainger Industrial Supply
Page 2 of 2
Venturi Clearance Dia. (In.) 20
Venturi Depth (tn.): 2 3118
Flange Width (In.): 1
Frame Material: Steel
Frame Finish: Baked On Gray Polyester
Propeller Material: Stamped Aluminium
Number of Blades: 3
Mounting Position: Horizontal or Vertical
Speed Control: No
Agency Compliance: UL Listed and AMCA
licensed
For Use With: General Ventilation Applications
Aluminum Wall Shutter No.: 4C558
Fiberglass Wall Shutter No.: 50213
Galvanized Wall Shutter No.: 10744
intake Guard No.: 6D583
Notes Restrictions
Note: OSHA complying guards are required when a
fan is installed will* 8 iL of floor, working level or
wdhin reach of personnel. Review OSHA codes
and UL standards. See index under Guards, Fen
Dayton Elvctric Mfg. Co. certifies that the
ventilators shown herein are tcensed to bear the
AMCA seal The ratings shown are based on tests
and procedures performed in accordance with
AMCA Pubtcat$cn 211 and AMCA Publication 311
and comply wdh 8ne requirements of the AMCA
Certified Ratings Program.
MSDS
This item does not require a Material Safety Data
Sheet (MSDS).
Required Accessories
Thera are currently no required accessories for
this item.
Alternate Products
Price (ea): 6125.85
Item n1 3XK42
Brand: DAYTON
Usuall i Ships: Today
Price (ea): $525.00
Exhaust Fan, 20 in, 115 V, 3664
CFM
Fan, Venturi, 18 Anti 1151230 V, 3231
CFM
Item 8: 3XIC54
Brand: DAYTON
Usually Ships: Today
Price (ea): 6562.50
Exhaust Fan, 18 In, 115 V, 3075 CFM
Item Jr: 40362
Brand: DAYTON
Usually Ships: Today
Price (ea): 6405.50
Exhaust Fan D/D, 12 )n, 5151230 V
Item 8: 3CWC2
Brand: DAYTON
Usually Ships: Today
Price (ea): 6449.25
Repair Parts
fl Repair Parts Inform
nformation is evadable for this
item.
b+f,,•nunut"
Proposal Submltted To:
Cox Gifford- Seawinds
street:
1950 20"' Street
may. Sege.=
Vero Beath FL 32960
Phone:
562 -2365
Job Nam
Sebastian
Job Location:
on:
735 Fleming St
(Job Total: 118
Payment b be made as follows:
50%to start job 50% upon completion
AU malarial Is guaranteed t4 be as specified. All work*
to be completed in a workmantiie marnar according to
standard practices. My afieredan or deviation from
above specifications hrvolvk g extra costs *NI be
executed only upon written orders, and will booms an
extra charge. AB agreements contingent acddents or
delays beyond our control. Owner to carry fire,
tornado and other necessary insurance_
Dare of Acceptance:
Slgnatws:
Proposal
Ammo No a 484.r Court
M
Vero Basch, Ft. 329611
Ofilas: (772) 502-8383-fait (172) 299.3t04
Menage CAc1614e21
Date:
11 -12-09
Job Phone: FAX#
562 -0983
We hereby submit specifications and estimates for
Installation of new Ice Kold Walk In Cooler 111rx10'6x7'6 34" Door with 3 —4 Body Racks (12 Body
Cooler).
Price includes instaNation of new cooler, manufacturing of body racks, material, parts, labor, start up
and balance of system to factory specs. Price also includes 4 Year Extended Warranty for
compressor.
PLEASE NOTE: PRICE DOES NOT INCLUDE ELECTRICIAN.
PLEASE NOTE: DELIVERY IS 44 WEEKS.
WARRANTY: 4 YEARS COMPRESSOR
1 YEAR PARTS LABOR
We propose haraby to tumbh mateda) and labor complete In accordance wNh above specilications, for the sum of
Fifteen t►sepsd her baadrad dollars sad Wee
Authorized Signature:
(Note: This proposal may withdrawn over and
Above the eeenate, upon strikes, by us if not
mooted wehin 411 days.)
Acceptance of Proposal —The above prices, specifications, and conditions are satisfactory are
hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined
above.
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Weise Date: II-May-2002
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APPEAL FROM PLANNING AND ZONING
COMMISSION ORDER
B.P.O.E. Elks Lodge #2714 of Sebastian, Florida, by and through its undersigned
attorney, appeals the decision and order of Sebastian Planning and Zoning Commission's
Application for a Site Plan Modification of Seawinds Real Estate Company, L.L.C., Application
No. 09 -SP -17 and requests that this Appeal be heard before the City Commission.
The documents pertaining to this Appeal are the Minutes of the Meeting held on January
7, 2010, and the Finding of Fact, Conclusions of Law and Order, which documents are a matter
of public record. In addition, the other documents pertaining to the Appellants Appeal were
presented and accepted by the Planning and Zoning Commission at the hearing held on January
7, 2010.
Dated this 29` Day of January, 2010.
LEON G. NICHOLS
Attorney for B.P.O.E. Elks Lodge #2174
735 -D Commerce Center Dr.
Sebastian, FL 32958
Telephon o. (772) 581-0550
1L
By agiO
I HEREBY CERTIFY that this Appeal was hand delivered to the Planning and Growth
Management Director on the 1 day of February, 2010.
EON G. CHOLS
L ON G. NICHOLS
EXHIBIT E
Indian River County Fire Rescue (EMSID: 3101; FDID 32042)
1500 Old Dixie Hwy
Vero Beach, FL 32967-
(712)M6
Indian River County Fire Rescue Incident Date: 01/06/2009
QUINT 08 Shift: C
INCIDENT 000405 EXPOSURE 000
INCIDENT LOCATION: 735 S. FLEMING St. SEBASTIAN, FL 32958
Census Tract: 8
INCIDENT TYPE: 600 Good intent call, other
ALARM: 01/06/2009 21:24:00
DISPATCH: 01/06/2009 21:24:00
IN ROUTE: 01/06/2009 21:27:00
FIRST RESPONDER ARRIVES: 01/06/2009 21 :30:00
ARRIVAL: 01/06/2009 21:30:00
CONTROL:
LAST UNIT CLEARED:01 /06/2009 21:36:00
ACTION TAKEN:80 Information, investigation enforcement, other
RESPONDING UNITS:
Suppression [Apparatus :2 Personnel:6]
EMS [Apparatus:1 Personnel:2]
Other [Apparatus:1 Personnel :1]
PROPERTY USE: 134 Funeral parlor
No mutual aid given or received
zone Responded to: 8
Lead Crew Member: Ewell, Thomas EMT Paramedic (PMD507483)
Crew Member 2: Brooks, Theresa EMT -Basic (EMT67533)
Crew Member 3: Montuoro, Robert N. EMT Basic (EMT42637)
NARRATIVE:
Quint 8 was dispatched in reference to sparks from roof at funeral
home.Upon arrival we noticed smoke and red oarnge glow coming from
exhaust on roof at crematorium at funeral home. we met w/ the emloyee
who was in charge of the crematorium and he related that there are no
problems and the they are cremating a body in the furnace everything
is 10 -4 and this is normal procedure for cremation. All due apparatus
were canceled.
We investigated and found no hazards. The call was initiated by a
concerned neighbor.
Quint 8 cleared
INVOLVED: Mr Berner, Steve
BUSINESS: Sea Winds Crematory
538 -193 -3
SEBASTIAN, FL, 32958
SIGNATURE:
signed By: Ewell, Thomas EMT Paramedic (PMD507483)
Page d]
Incident Number*. 00405; Incident Date_ 1/6/2009; Patient FIRE, REPORT
Printed By Barlow Susan SUPERVLSOR (N09) on 1/6/2010 12:02:05 PM
SmartZone Communications Center Collaboration Suite simiiid @comcast.net
RE: fire in crematory
From: Jeff.Prather@dep.state.fl.us
To: maddie249 @yaboo.com
Cc: AldonAsher@fldfs.com; Caroline.Shine @dep.state.fl.us
Good afternoon, Ms. Walsh.
Thank you for contacting the Florida Department of Environmental Protection (Department). While our
agency does regulate the operations of a crematory in regards to oven temperatures, monitoring
equipment and emissions, the Department does not have regulatory authority over location and /or
zoning of such a facility. Zoning is typically handled by local governments (city or county).
If, in the future, smoke or odors come from this facility, please contact our air section directly at 407 -893-
3333. We will have our air staff investigate.
Additionally, such facilities are required to have appropriate licenses through the Florida Department of
Financial Services. The local contact for that agency is Aldon •Asher. I have copied him on this email just
in case he has anything to add.
I hope this addresses your questions, Ms. Walsh.
Please do not hesitate to contact me if you have further questions.
Sincerely,
Jeff Prather
Ombudsman
FDEP, Central District
407 893 -7860
From: Madeline Walsh jmailto:maddie249 @yahoo.com]
Sent: Tuesday, January 19, 2010 6:19 AM
To: Prather, Jeff
Subject: fire in crematory
January 19, 2010
Jeff Prather:
Department of Environmental Protection
3319 Maguire Bl. Suite 232
Orlando, Florida 32803
Mr. Prather:
Tuesday, January 19, 2010 2:13:44 PM
In November of 2009, there was a fire in the crematory owned by Seawinds Funeral Home. This
building was a mere twenty feet from the rear of the Elks Lodge. Both located on Fleming Street
in the City of Sebastian, Indian River County, Florida.
http: /sz0074.wc.mail.comcast. net /zimbra/ public /frameOpenerHelper jsp ?id= 3 &async =true
aubv a .l1 it
1/19/2010
Over the years, the Elks has endured acrid odors emanating from the crematory building. On
more than one occasion black smoke has been seen pouring from the crematory. Out of the eaves
and or vents, not out of the chimney. The fire department has responded several times. The day
the building burned to the ground, there were over one hundred men and women in the Elks
building. With only twenty feet between the two buildings, had the wind been blowing from
South to North there would have been a very real catastrophe. The funeral home wants to rebuild
the crematory in the same location, however, they wish to make it twice the size of the original.
The City of Sebastian Planning and Zoning board held a meeting on January 7, 2010, to address
this issue. They saw no problem with it being that close to the Elks lodge. The business owner
said that the building was inspected periodically and was found to be safe. Of course, the
inspector notified the funeral home owner when he would be there to inspect. The owner made
sure that there would be no problems on the day of the inspection. It was noted at the Planning and
Zoning meeting that there are no local building codes, rules or regulations, as to set -back or safety
issues, to follow in the construction of this type of business. Doesn't the State of Florida have
such information? It seemed to be treated as a single family dwelling and not the business that it
is. I am not suggesting that the building not be replaced only that they put it at a different location
on their property; one that would be safer for everyone. The Elks should not have to endure the
odors nor the fear that another fire could cause their building to be in jeopardy. I would
appreciate any information that you can furnish concerning this issue.
Madeline Walsh (my e-mail address is maddie249@yahoo.com)
http: /sz0074.wc.mail.comcast. net /zimbra/ public /frameOpenerHelperjsp ?id= 3&async =true 1/19/2010
Description: Odor and heavy ',lack smoKe comm
from bLdcK
Act
Use
CA
Activity
Date Done
Date
Due
Act
CS
Staff
Assigned
Num
Viol
Curr
CS
Viol
Status
INSP
CI: COMPLAINT
INSPECTION
03/14/2006
IN
RICER
0
Notes:
On March 14, 2006, Rodell Rice of FDEP division of Air Resources Management visited the subject
after receiving a complaint. Mr. Rice made contact with Same Coburn, the cremator operator. Mr.
Mr. Coburn that he was there to investigate a complaint that was made on 2/16/06. Mr.
explained that the cremator rarely smokes. It may smoke for a few seconds after a body in a
box is inserted into the preheated cremator. The smoke is the cardboard burning off. Mr. Coburn
it doesnLt last any more than 6 seconds. Mr. Rice asked was a body currently in the cremator.
replied yes. The body had already been in the cremator for over an hour. The current cremator
was 1690 degrees. Mr. Coburn stated that the cremator was serviced a couple of months ago.
that he has never had a problem with the machine. Mr. Rice asked to see the chart recorder
the day that the complaint came in. Mr. Coburn provided Mr. Rice with a copy of the chart
for 2/16/2006. Mr. Coburn explained to Mr. Rice how to read the chart recordings and the
The cremators are preheated to 1600 -1850 degrees. Then the body is inserted into the cremator.
drops when the bodies are unloaded and another one loaded. Facility -wide conditionsNo
odors were detected on or off the property.No visible emissions were observed coming from
stacks. A Method 9 observation was not conducted.
facility
Rice informed
Coburn
cardboard
stated that
Mr. Coburn
temperature
He stated
paper for
recording
process.
The temperature
objectionable
the exhaust
I Report Run Date: 2/23/2010
Act
Use
CA
Activity
Date Done
Date
Due
Act
CS
Staff Assigned
Num
Viol
Curr Viol
CS Status
I CI:
COMPLAINT II
.4----7.--.
Jan King
From: Shine, Caroline [Caroline.Shine @dep.state.fl.us]
Sent: Tuesday, February 23, 2010 7:33 AM
To: Jan King
Cc: Prather, Jeff
Subject: RE: Crematory Requirements
Attachments: Seawinds Funeral Home OGC 08- 0241.pdf
Ms. King.
Cmplt 9893
Complaint Against: Sea Winds Crematory Funeral Home/
AIRS ID: 0610085
Cmplt 10289
Complaint Against: Sea Winds Crematory/Cox Gifford Funeral/
AIRS ID: 0610085
2/23/2010
EXHIBIT F
The compliance status can be found on our public website. I am providing a direct link to the Seawind facility and
some additional information below. I can find two complaints and one enforcement action. Please let me know if I
can assist you further.
http: /www.dep. state .fl.us /Air /emission /aces /ACES facility.asp ?txtFacID =7589
Received Date: 02/16/2006
Complaint Type: ODOR
Owner: Seawinds Real Estate Co Lic
Status: CLOSED
Office: CD
County: Indian River
Received Date: 11/03/2006 Status: CLOSED
Complaint Type: ODOR Office: CD
Owner: Seawinds Real Estate Co Llc County: Indian River
Description: black smoke and "pugent" odor coming from facility about 6:30P. Caller lives a block away.
P INSP [INSPECTION
Thank you,
Caroline Shine, Program Administrator
Air Resource Management
FDEP, Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803
407 893 -3332
Caroline.Shine(a?dep.state.fl. us
Jan King, Manager
Growth Management Department
City of Sebastian
(772) 589 -5518
fax (772) 388 -8248
jking @cityofsebastian.org
2/23/2010
11/08/2006 N IN
PARKER_W
I)
Notes: On November 8, 2006, Rodell Rice of FDEP division of Air Resources Management visited the subject
facility after receiving a complaint. Mr. Rice made contact with Gerald Perlick, the cremator operator. Mr.
Rice informed Mr. Perlick that he was there to investigate a complaint that was made on 11/03/06. Mr.
Perlick explained that the cremator smokes for about 10 seconds during normal operation. This smoke
comes from the box being burned. Most bodies are placed in a box prior to cremation. Mr. Rice asked was a
body currently in the cremator. Mr. Perlick replied yes. The body had already been in the cremator for over
an hour. The current cremator temperature was 1695 degrees. Mr. Rice asked to see the chart recorder
paper for the day that the complaint came in. Mr. Perlick provided Mr. Rice with a copy of the chart
recording for 11/02/06. The complaint stated that they saw black smoke around 6:30 pm. The temperature
at that time was between 1650 and 1700 degrees. Mr. Perlick explain that he preheats the cremator to
1650 degrees, before he places a body in the cremator. As soon as the crematory door is open, the flame
stops. Then he inserts the body and closes the door. He wears a mask while doing this. When the body is
done, the operator lowers the crematory temperature to around 1000 degrees. The ashes or remains are
removed. The cremator is pre- heated to 1650 again, and then the body is inserted. Facility -wide
conditionsNo objectionable odors were detected on or off the property.No visible emissions were observed
coming from the exhaust stacks. A Method 9 observation was not conducted.
Report Run Date: 2/23/2010
I appreciate your assistance in this matter. If you need any additional information, please let me know.
Sincerely,
From: Jan King mailto:jking @cityofsebastian.org]
Sent: Monday, February 22, 2010 4:12 PM
To: Shine, Caroline
Subject: RE: Crematory Requirements
Thank you for sending me the attached information. It was very interesting.
As you may recall, we are dealing with the Seawinds Crematory located at 735 S. Fleming Street, Sebastian, FL, which was
destroyed by fire in November, 2009. The owner is requesting to expand the building by 500 square feet to accommodate two
incinerators. The expansion was approved by our Planning and Zoning Commission in January, but a neighboring property has
appealled the decision to City Council. The appeal hearing will be held on March 10.
The crematory was constructed in 2003. Would it be possible for you to send me the number of complaints you have received
regarding this facility since its construction, as well as the nature of the complaints and their outcome? This information would be
very helpful in the upcoming hearing.
From: Shine, Caroline [ma ilto :Caroline.Shine @dep.state.fl.us]
Sent: Wednesday, January 06, 2010 4:24 PM
To: Jan King
Subject: Crematory Requirements
Ms. King:
rage .J 01
I am attaching a copy of the Human Crematory Air General Permit Registration Form, which also provides the
operating requirements for these units. For your information, I highlighted a few areas that speak to the additional
requirements for new units. Please let me know if you have any questions.
Thank you,
Caroline Shine, Program Administrator
Air Resource Management
FDEP, Central District
3319 Maguire Boulevard, Suite 232
Orlando, F/onda 32803
407 893-3332
Caro i n e. S h i n e ea d e p .state f/. u s
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is committed
to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment
on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing
the survey.
2/23/2010
,,Ito may
A
lanalliinaMESIEW
Part L Procedures and Conditions for Use of Air General Permit
The Department of Environmental Protection "Department" or "DEP has established an "air general
permit" at Florida Administrative Code "F.A.C. Rule 62- 210.310(5)(c) for human crematories. An air
general permit is an authorization by rule to construct or operate a specific type of air pollutant emitting
facility. Use of such authorization by any individual facility does not require action by the Department.
The terms and conditions of the air general permit are set forth in the rule, rather than in a separately
issued air construction or air operation permit.
The owner or operator of an eligible facility comprising one or more human crematories may register to
use the air general permit at Rule 62- 210.310(5)(c), F.A.C., by following the general procedures given at
Rule 62- 210.310(2), F.A.C., the text of which is provided below. The owner or operator shall notify the
Department of the facility's intent to use this general permit by submitting Part I1 of this registration form
to the appropriate Department of Environmental Protection or local air pollution control program office
which has permitting authority. Questions concerning this air general permit or the registration process
may be directed to any such office or to the Department's small business assistance program at 1-800
SBAP-HLP (1- 800 722 7457).
The owner or operator of a facility who properly registers to use this air general permit, and who is not
denied use of the air general permit by the Department, is authorized to construct and operate the facility
in accordance with the general terms and conditions of Rule 62- 210.310(3), F.A.C., and the specific terms
and conditions of Rule 62- 210.310(5)(c), F.A.C. The text of these two rules is also provided below,
followed by definitions of words and phrases used in the rules and on this form. A facility using this air
general permit shall not be entitled to use more than one air general permit for the facility.
Rule 62 210.310(2), F.A.C.
(2) General Procedures. This subsection sets forth general procedures for use of any of the air
general permits provided at subsections 62 210.3I0(4) and (5), F.A.C.
(a) Determination of Eligibility. The owner or operator of a proposed new or existing facility shall
determine the facility's eligibility to use an air general permit under this rule. A facility is eligible to use
an air general permit under this rule if it meets any specific eligibility criteria given in the applicable air
general permit at subsection 62- 210.310(4) or (5), F.A.C., and the following general criteria.
1. The facility shall not emit nor have the potential to emit 10 tons per year or more of any hazardous
air pollutant, 25 tons per year or more of any combination of hazardous air pollutants, or 100 tons per
year or more of any other regulated air pollutant; be collocated with, or relocated to, such a facility; or
create such a facility in combination with any other collocated facilities, emissions units, or pollutant
emitting activities, including any such facility, emissions unit, or activity that is otherwise exempt from
air permitting.
2. The facility shall not contain any emissions units or activities not covered by the applicable air
general permit, except:
a. Units and activities that are exempt from permitting pursuant to subsection 62- 210.300(3), F.A.C.,
or Rule 62- 4.040, F.A.C.; and
b. Units and activities that are authorized by another air general permit where such other air general
permit and the air general permit of interest specifically allow the use of one another at the same facility.
DEP Form No. 62- 210.920(2)(c) 1
Effective: January 10, 2007
(00
Department of
Environmental Protection
Division of Air Resource Management
HUMAN CREMATORY
AIR GENERAL PERMIT REGISTRATION FORM
(b) Registration. The owner or operator who intends to construct or operate an eligible facility under
the authority of an air general permit shall complete and submit the proper registration form to the
Department for the specific air general permit to be used, as provided in subsection 62- 210.920(1) or (2),
F.A.C. The registration form shall be accompanied by the appropriate air general permit processing fee
pursuant to Rule 62- 4.050, F.A.C. ($100 as of the effective date of this form)
1. Initial Registration. Registration of a facility which is not currently authorized to construct or
operate under the terms and conditions of an air general permit is classified as an initial registration. Any
existing, individual air operation permit(s) authorizing operation of the facility must be surrendered by the
owner or operator, effective upon the first day of use of the air general permit.
2. Re registration. Registration of a facility which is currently authorized to operate under the terms
and conditions of an air general permit is classified as a re- registration. An owner or operator shall re-
register the facility in the following cases:
a. Impending expiration of the term for air general permit use;
b. Change of ownership of all or part of the facility;
c. Proposed new construction, modification, or other equipment change that requires registration
pursuant to paragraph 62- 210.310(2)(e), F.A.C.; and
d. Any other change not considered an administrative correction under paragraph 62- 210.310(2)(d),
F.A.C.
(c) Use of Air General Permit.
1. Unless the Department denies use of the air general permit, the owner or operator of an eligible
facility may use the air general permit for such facility 30 days after giving notice to the Department. The
first day of the 30 -day time frame, day one, is the date the Department receives the proper registration
form and processing fee. The last day of the 30 -day time frame, day 30, is the date the owner or operator
may use the air general permit, provided there is no agency action to deny use of the air general permit.
2. To avoid lapse of authority to operate, an owner or operator intending to use, or continue to use, an
air general permit must submit the proper registration form and processing fee at least 30 days prior to
expiration of the facility's existing air operation permit or air general permit.
(d) Administrative Corrections. Within 30 days of any minor changes requiring corrections to
information contained in the registration form, the owner or operator shall notify the Department in
writing. Such changes shall include:
1. Any change in the name, address, or phone number of the facility or authorized representative not
associated with a change in ownership or with a physical relocation of the facility or any emissions units
or operations comprising the facility; or
2. Any other similar minor administrative change at the facility.
(e) Equipment Changes. The owner or operator shall maintain records of`all Elaes I
the case of installatio of new process or air pollution control equipment, alteration of ex p rocess or
control equipment without replacement, or replacement of existing process or control eq
equipment substantially difFerentinterms. of capacity, method of' :operation, material processed3or
intended use than that noted on the most recent registration form, .the owner or operatorshall submit a
new. and complete air general perm registration form for the facility with? the aptpropriate fee p suant to..
Rule '624050, A C. to the Department, provided; however, that any change that Otild constittuite. new
major source, major modification, or modification that would be a major modification; btut for
the provisions of paragraph 62-212.400(2)(a), F.A.C shall require authorization <by aireonstruehon
permit.
(f) Enforcement of Ineligibility. If a facility using an air general permit at any time becomes
ineligible for the use of the air general permit, or if any facility using an air general permit is determined
to have been initially ineligible for use of the air general permit, it shall be subject to enforcement action
for constructing or operating without an air permit under subsection 62- 210.300(1) or (2), F.A.C., or
Chapter 62 -213, F.A.C., as appropriate.
DEP Form No. 62- 210.920(2)(c) 2
Effective: January 10, 2007
DEP Form No. 62- 210.920(2)(c) 3
Effective: January 10, 2007
Rule 62 210.310(3), F.A.C.
(3) General Conditions. All terms, conditions, requirements, limitations, and restrictions set forth in
this subsection are "general permit conditions" and are binding upon the owner or operator of any facility
using an air general permit provided at subsection 62- 210.310(4) or (5), F.A.C.
(a) The owner or operator's use of an air general permit is limited to five (5) years. Prior to the end of
the five (5) year term, the owner or operator who intends to continue using the air general permit for the
facility shall re- register with the Department pursuant to subparagraph 62- 210.310(2)(b)2., F.A.C. To
avoid lapse of authority to operate, the owner or operator must submit the proper registration form and
processing fee at least thirty (30) days prior to expiration of the facility's existing air general permit. The
air general permit re- registration form shall contain all current information regarding the facility.
(b) Use of an air general permit is not transferable and does not follow a change in ownership of the
facility. Prior to any sale, other change of ownership, or permanent shutdown of the facility, the owner or
operator is encouraged to notify the Department of the pending action. The new owner or operator who
intends to continue using the air general permit for the facility shall re- register with the Department
pursuant to subparagraph 62- 210.310(2)(b)2., F.A.C..
(c) The air general permit is valid only for the specific type of facility and associated emissions units
and pollutant- emitting activities indicated.
(d) The air general permit does not authorize any demolition or renovation of the facility which
involves asbestos removal. The air general permit does not constitute a waiver of any of the requirements
of Chapter 62 -257, F.A.C., or 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos,
adopted and incorporated by reference at Rule 62- 204.800, F.A.C.
(e) The general permit does not authorize any open burning.
(f) The owner or operator shall not circumvent any air pollution control device or allow the emission
of air pollutants without the proper operation of all applicable air pollution control devices.
(g) The owner or operator shall maintain the authorized facility in good condition. Throughout the
term of air general permit use, the owner or operator shall ensure that the facility maintains its eligibility
to use the air general permit and complies with all terms and conditions of the air general permit.
(h) The owner or operator shall allow a duly authorized representative of the Department access to the
facility at reasonable times to inspect and test, upon presentation of credentials or other documents as may
be required by law, to determine compliance with the air general permit and Department rules.
(i) If, for any reason, the owner or operator of any facility operating under an air general permit does
not comply with or will be unable to comply with any condition or limitation of the air general permit, the
owner or operator shall immediately provide the Department with the following information:
1. A description of and cause of noncompliance; and
2. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time
the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent
recurrence of the noncompliance.
(j) Use of an air general permit does not relieve the owner or operator of the facility from liability and
penalties when the construction or operation of the authorized facility causes harm or injury to human
health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to
property. It does not allow the owner or operator to cause pollution in contravention of Florida law.
(k) The air general permit conveys no title to land or water, nor does it constitute state recognition or
acknowledgment of title.
(1) The air general permit does not convey any vested rights or exclusive privileges, nor does it
authorize any injury to public or private property or any invasion of personal rights. It does not authorize
any infringement of federal, state, or local laws or regulations.
(m) Use of the air general permit shall be effective until suspended, revoked, surrendered, expired, or
nullified pursuant to this rule and Chapter 120, F.S.
(n) Use of the air general permit does not eliminate the necessity for the owner or operator to obtain
any other federal, state or Local permits that may be required, or relieve the owner or operator from the
duty to comply with any federal, state or Iocal requirements that may apply.
Rule 62- 210.310(5)(c), F.A.C.
(c) Air General Permit for Facilities Comprising Human Crematories.
1. A facility comprising one (1) or more human crematories shall be eligible to use this air general
permit provided it meets the general eligibility criteria of paragraph 62- 210.310(2)(a), F.A.C.
2. A facility using this air general permit shall comply with the general conditions given at subsection
62- 210.310(3), F.A.C., and the following specific conditions.
a. The facility shall comply with all applicable provisions of subsection 62- 296.401(5), F.A.C.
b. The owner or operator may use a human crematory air general permit and an animal crematory air
general permit at the same facility, provided all human crematory units operate under a single human
crematory air general permit and all animal crematory units operate under a single animal crematory air
general permit.
Rule 62 296.401(5), F.A.C.
(5) Human Crematories.
(a) Applicability. The requirements of this subsection apply to all human crematory units.
(b) Emission Limiting Standards.
1. Visible emissions shall not exceed 5% opacity, six minute average, except that visible emissions
not exceeding 15% opacity shall be allowed for up to six minutes in any one -hour period.
(a) Particulate matter emissions shall not exceed 0.080 grains per dry standard cubic foot of flue gas,
corrected to 7% 02.
(b) Carbon monoxide (CO) emissions shall not exceed 100 parts per million by volume, dry basis,
corrected to 7% 02 on an hourly average basis.
(c) Operating Temperatures.
1 :Thc
owner of any :proposed new crematory unit which submits either a complete
application for: a permit to construhe new u
ct: the or,an inn al air general permit tegtstration for the new;
unit to the De on'or after August 30, 1989. shall provide design ealeu]at ons to C onfirm' a
sufficient volume na tt e secondary chamber: comb zo
ustion ne to provide for at leash a 1 0 second. gas...
residence time:. at 18(10 degrees Fahrenheit T iriformation shall be pro ded.to the.D:ei?artrnent. vi the
air conStructionsiettnit application.or general permit ,regiStration,:fOrni-Ottlteipto .inew, unit, The
and stack volumes shall not be •used in calculating this residence tone Except a p guided in
subparagraph 62-296.401(5(c)2., FA C cremation in the chamber shall no t begin unless the
secondary chamber combustion zone temperature is equal to or greater than 1600degrees F ahrenheit.
2. The owner or operator of any crematory unit for which construction began or for which a complete
application for a permit to construct was received by the Department prior to August 30, 1989, shall
maintain the actual operating temperature of the secondary chamber combustion zone at no less than 1400
degrees Fahrenheit throughout the combustion process in the primary chamber. Cremation in the primary
chamber shall not begin unless the secondary chamber combustion zone temperature is equal to or greater
than 1400 degrees Fahrenheit.
(d) Allowed Materials. Human crematory units shall cremate only human or fetal remains with
appropriate containers. The remains may be clothed. The containers shall contain no more than 0.5
percent by weight chlorinated plastics as demonstrated by the manufacturer's data sheet. If containers are
incinerated, documentation from the manufacturers certifying that they are composed of 0.5 percent or
less by weight chlorinated plastics shall be kept on -file at the site for the duration of their use and for at
DEP Form No. 62- 210.920(2)(c) 4
Effective: January 10, 2007
clambei
least two (2) years after their use. No other material, including biomedical waste as defined in Rule 62-
210.200, F.A.C., shall be incinerated.
(e) Equipment Maintenance. All human crematory units shall be maintained in proper working order
in accordance with the manufacturer's specifications to ensure the integrity and efficiency of the
equipment. If a crematory unit contains a defect that affects the integrity or efficiency of the unit, the unit
shall be taken out of service. No person shall use or permit the use of that unit until it has been repaired
or adjusted. Repair records on all crematory units shall be maintained onsite for at least two (2) years. A
written plan with operating procedures for startup, shutdown and malfunction of each crematory unit shall
be maintained and followed during those events. Each unit's burners shall be operated with a proper air
to -fuel ratio. If the unit so allows, the burners' flame characteristics shall be visually checked at least once
during each operating shift and adjusted when warranted by the visual checks.
(f) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this
subsection shall comply with the following requirements. All EPA reference test methods are described in
40 CFR Part 60, Appendix A, adopted and incorporated by reference at Rule 62- 204.800, F.A.C.
1. The reference test method for visible emissions shall be EPA Method 9.
2. The reference test method for carbon monoxide shall be EPA Method 10.
3. The reference test method for oxygen shall be EPA Method 3.
4. The reference test method for particulate matter emissions shall be EPA Method 5. The minimum
sample volume shall be thirty (30) dry standard cubic feet.
5. Test procedures shall conform to the procedures specified in Rule 62- 297.310, F.A.C. All test
results shall be reported to the Department in accordance with the provisions of Rule 62- 297.310, F.A.C.
(g) Operation During Emissions Test. Testing of emissions shall be conducted with the unit operating
at a capacity of one (1) adult -sized cadaver.
(h) Frequency of Testing.
1. The owner or operator of any human crematory unit using an air general permit shall have a
performance test conducted for visible emissions no later than thirty (30) days after the unit commences
operation, and annually thereafter.
2. The owner or operator of any human crematory unit operating under the authority of an air
construction permit or air operation permit shall have a performance test conducted for visible emissions
prior to submitting the application for an initial air operation permit, and annually thereafter.
3. The owner or operator of any human crematory unit shall not be required to have performance tests
conducted for carbon monoxide and particulate matter, except as provided at paragraph 62- 297.310(7)(b),
F.A.C.
(i) Continuous Monitoring Requirements. Each crematory unit Shall be equippett and o with; a
continuous monitor to record temperature at the point or beyond where 1 0 secon d ases]de nce time ms
obtained:in the secondary chamber combustion: zone in accordance with a anu
In addition, each crematunit installed after o`
ry 1 2QQ7 shal�be e and ope vvtth a
pollutant monitoring system 2o. automatically control, combustion basaed on continuous i stabk opacity measurement Such system shall be calibrated to restrict combustion m thepnmary chamhe Witertever
any opacity exceeding 15% opacity is occurring. A complete file o all temperature' r�r>letits "all
continuous monitoring system, monitoring device, and performance testing measurem*ta, aYI con nuous
monitoring system performance evaluations; all continuous monitoring system or montto -int gdevice
calibration checks and adjustments, preventive maintenance, and.corrective matntenanc'e performed
on these systems or devices, shall be recorded: in a permanent::legible -form available;for inspection
Continuous temperature Monitoring documentation shall include ope name, operator i dication.of
when cremation: in the primary chamber was begun, date, trine, and temperature markings =Pollutant
monitoring system documentation shall include indication of when the.opacity measurement systein was
cleaned and checked for proper operation in accordance with the manufacturer's recommended
maintenance schedule. The file shall be retained for at least two (2) years' following. the recording of such
measurements, maintenance, reports, and records.
DEP Form No. 62- 210.920(2)(c)
Effective: January 10, 2007
5
Rule 62- 210.200, F.A.C., Definitions
"Biomedical Waste" Any solid or liquid waste which may present a threat of infection to humans,
including nonliquid- tissue, body parts, blood, blood products, and body fluids from humans and other
primates; laboratory and veterinary wastes which contain human disease- causing agents; and
discarded sharps. The following are also included:
1. Used absorbent materials saturated with blood, blood products, body fluids, or excretions or
secretions contaminated with visible blood; and absorbent materials saturated with blood or blood
products that have dried.
2. Non absorbent, disposable devices that have been contaminated with blood, body fluids, or
secretions or excretions visibly contaminated with blood, but have not been treated by a method listed
in Section 381.0098, F.S., or a method approved pursuant to Rule 64E -16, F.A.C.
"Department" or "DEP" The State of Florida Department of Environmental Protection.
"Emissions Unit" Any part or activity of a facility that emits or has the potential to emit any air
pollutant.
"Facility" All of the emissions units which are located on one or more contiguous or adjacent
properties, and which are under the control of the same person (or persons under common control).
"Human Crematory" Any combustion apparatus used solely for the cremation of either human or
fetal remains
"Owner" or "Operator" Any person or entity who or which owns, leases, operates, controls or
supervises an emissions unit or facility.
DEP Form No. 62- 210.920(2)(c) 6
Effective: January 10, 2007
HUMAN CREMATORY
AIR GENERAL PERMIT REGISTRATION FORM
Part II. Notification to Permitting Office
(Detach and submit to appropriate permitting office; keep copy onsite)
Instructions: To give notice to the Department of an eligible facility's intent to use this air general
permit, the owner or operator of the facility must detach and complete this part of the Air General Permit
Registration Form and submit it to the appropriate Department of Environmental Protection or local air
pollution control program office which has permitting authority. Please type or print clearly all
information, and enclose the appropriate air general permit registration processing fee pursuant to Rule
62- 4.050, F.A.C. ($100 as of the effective date of this form)
Registration Type
Check one:
INITIAL REGISTRATION Notification of intent to:
Construct and operate a proposed new facility.
Operate an existing facility not currently using an air general permit (e.g., a facility proposing to go from an
air operation permit to an air general permit).
RE- REGISTRATION (for facilities currently using an air general permit) Notification of intent to:
Continue operating the facility after expiration of the current term of air general permit use.
Continue operating the facility after a change of ownership.
Make an equipment change requiring re- registration pursuant to Rule 62- 210.310(2)(e), F.A.C., or any
other change not considered an administrative correction under Rule 62- 210.310(2)(d), F.A.C.
Surrender of Existing Air Operation Permit(s) For Initial Registrations Only
If the facility currently holds one or more air operation permits, such permit(s) must be surrendered by the owner
or operator upon the effective date of this air general permit. In such case, check the first box, and indicate the
operation permits being surrendered. If no air operation permits are held by the facility, check the second box.
All existing air operation permits for this facility are hereby surrendered upon the effective date of this air
general permit; specifically permit number(s):
No air operation permits currently exist for this facility.
General Facili In
DEP Form No. 62- 210.920(2)(c)
Effective: January 10, 2007
7
Facility Owner /Company Name (Name of corporation,
agency, or individual owner who or which owns, leases,
operates, controls, or supervises the facility.)
Site Name (Name, if any, of the facility site; e.g., Plant A, Metropolis Plant, etc. If more than one facility is
owned, a registration form must be completed for each.)
Facility Location (Provide the physical location the facility,
of not necessarily the mailing address.)
Street Address:
City: County: Zip Code:
Facility Start-Up Date (Estimated start-up date of
proposed new facility.) (N /A for existing facility)
HUMAN CREMATORY
AIR GENERAL PERMIT REGISTRATION FORM
Part II. Notification to Permitting Office
(Detach and submit to appropriate permitting office; keep copy onsite)
Instructions: To give notice to the Department of an eligible facility's intent to use this air general
permit, the owner or operator of the facility must detach and complete this part of the Air General Permit
Registration Form and submit it to the appropriate Department of Environmental Protection or local air
pollution control program office which has permitting authority. Please type or print clearly all
information, and enclose the appropriate air general permit registration processing fee pursuant to Rule
62- 4.050, F.A.C. ($100 as of the effective date of this form)
Registration Type
Check one:
INITIAL REGISTRATION Notification of intent to:
Construct and operate a proposed new facility.
Operate an existing facility not currently using an air general permit (e.g., a facility proposing to go from an
air operation permit to an air general permit).
RE- REGISTRATION (for facilities currently using an air general permit) Notification of intent to:
Continue operating the facility after expiration of the current term of air general permit use.
Continue operating the facility after a change of ownership.
Make an equipment change requiring re- registration pursuant to Rule 62- 210.310(2)(e), F.A.C., or any
other change not considered an administrative correction under Rule 62- 210.310(2)(d), F.A.C.
Surrender of Existing Air Operation Permit(s) For Initial Registrations Only
If the facility currently holds one or more air operation permits, such permit(s) must be surrendered by the owner
or operator upon the effective date of this air general permit. In such case, check the first box, and indicate the
operation permits being surrendered. If no air operation permits are held by the facility, check the second box.
All existing air operation permits for this facility are hereby surrendered upon the effective date of this air
general permit; specifically permit number(s):
No air operation permits currently exist for this facility.
General Facili In
DEP Form No. 62- 210.920(2)(c)
Effective: January 10, 2007
7
Owner /Authorized Representative
Name and Position Title (Person who, by signing this form below, certifies that the facility is eligible to use this
air general permit.)
Print Name and Title:
Owner /Authorized Representative Mailing Address
Organization/Firm:
Street Address:
City:
County:
Zip Code:
Owner /Authorized Representative Telephone Numbers
Telephone:
Cell phone (optional):
Fax:
Facility Contact (If different from Owner /Authorized Representative)
Name and Position Title (Plant manager or person to be contacted regarding day to-day operations at the facility.)
Print Name and Title:
Facility Contact Mailing Address
Organization/Firm:
Street Address:
City:
County:
Zip Code:
Facility Contact Telephone Numbers
Telephone:
Cell phone (optional):
Fax:
Owner /Authorized Representative Statement
This statement must be signed and dated by the person named above as owner or authorized representative
I, the undersigned, am the owner or authorized representative of the owner or operator of the facility
addressed in this Air General Permit Registration Form. I hereby certify, based on information and
beliefformed after reasonable inquiry, that the facility addressed in this registration form is eligible for
use of this air general permit and that the statements made in this registration form are true, accurate
and complete. Further, I agree to operate and maintain the facility described in this registration form so
as to comply with all applicable standards for control of air pollutant emissions found in the statutes of
the State of Florida and rules of the Department of Environmental Protection and revisions thereof
I will promptly notify the Department of any changes to the information contained in this registration
form.
Signature Date
DEP Form No. 62- 210.920(2)(c) 8
Effective: January 10, 2007
Design Calculations
If this is an initial registration for a proposed new human crematory unit, provide design calculations to confirm a
sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence
time at 1800 degrees F.
El Manufacturer's' design calculations attached.
Registration is not for proposed new human crematory unit(s).
Description of Facility
Below, or as an attachment to this form, provide a description of all crematory operations at the facility in
sufficient detail to demonstrate the facility's eligibility for use of this air general permit and to provide a basis for
tracking any future equipment or process changes at the facility. Describe all air pollutant- emitting processes and
equipment at the facility, and identify any air pollution control measures or equipment used.
DEP Form No. 62- 210.920(2)(c) 9
Effective: January 0, 2007
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FLOR
QA41tfiI4N
James W. Young Jr.
Seawinds Funeral Home I, LLC
735 Fleming Street
Sebastian, FL 32958
Indian River County AP
Failure to conduct annual VE test
Dear Mr. Young:
Florida Department of
Environmental Protection
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803 -3767
CERTIFIED CORRESPONDENCE WARNING LETTER
7003 1010 0005 0769 6072 OWL -AP -08 -722
Charlie Crist
Governor
Jeff Kottkamp
Lt. Governor
Michael W. Sole
Secretary
The purpose of this letter is to advise you of possible violations of law for which you may
be responsible, and to seek your cooperation in resolving the matter. A Department field
inspection conducted on January 08, 2008 of your facility located at 735 Fleming Street,
Sebastian, Indian River County, Florida indicates violations of Florida Statutes and Rules
may exist at the above described facility. The following was observed:
The company has not conducted Visible Emissions testing for calendar years 2006
and 2007, as required by its Air General Permit. The testing is required annually,
and was due 60 days prior to October 23 of both 2006 and 2007.
Since the January 8, 2008 inspection, the Company has notified the Department
that it will conduct Visible Emissions testing on January 20, 2008.
Section 403.161(1)(b) Florida Statutes, provides that it shall be a violation of this chapter,
and it shall be prohibited for any person to fail to obtain any permit required by this chapter
or by rule or regulation, or to violate or fail to comply with any rule, regulation, order,
permit, or certification adopted or issued by the Department pursuant to its lawful authority.
Florida Administrative Code Rule 62.296.401(5)(h)1. Frequency of Testing provides: The
owner or operator of any human crematory unit using an air general permit shall have a
performance test conducted for visible emissions no later than thirty (30) days after the unit
commences operation, and annually thereafter.
James Young
OWL-AP-08-722
Page 2
The activities described in this letter, and any other activities at your facility that may be
contributing to violations of the above described statutes or rules should be ceased. You
are requested to contact Caroline Shine at 407- 893 -3336 or at the above address to
arrange a meeting within ten (10) days receipt of this Warning Letter. The Department is
interested in reviewing any facts you may have that will assist in determining weather any
violations have occurred. You may bring anyone with you to the meeting that you feel
could help resolve the matter.
VFG /.!B /cs /ng
cc: Cindy Phillips, DARM
Sincerely,
;Vlore Protection. Less Process"
'ww.dep.state./l. us
d exteee-t›-/-ae---
Vivian F. Garfein
Director, Central District
Date: January 31, 2008
Imo
FLORA
ELECTRONIC CORRESPONDENCE
coxgiffordsh
James W. Young Jr., Manager
Seawinds Funeral Home I, LLC
735 Fleming Street
Sebastian, FL 32958
SUBJECT:
Dear Mr. Young:
o)33 7--
Florida Department of
Environmental Protection
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803 -3767
Indian River County AP
Proposed Settlement by Short Form Consent Order
Seawinds Funeral Home I, LLC OGC Case No. 08 -0241
The civil penalties are apportioned as follows:
$2,150.00 for violations of Section 403.161(1)(b), Florida Statutes and
Rule 62- 296.401(5)(h)(1),Florida Administrative Code.
OCD -AP -08 -003
FE 1 a` O�St.
Cer tC
Charlie Crist
Governor
Jeff Kottkamp
1_t. Governor
Michael W. Sole
Secretary
The purpose of this letter is to complete the resolution of the matter previously identified by
the Department in the Warning Letter OWL -AP -08 -722, dated January 31, 2008, a copy of which is
attached. The corrective actions required to bring your facility into compliance have been
performed. The Department finds that you are in violation of the rules and statutes cited in the
attached Waming Letter. In order to resolve the matters identified in the attached Warning Letter,
you are assessed civil penalties in the amount of $2,150.00 along with $500.00 to reimburse the
Department costs, for a total of $2,650.00.
The Department acknowledges that the payment of these civil penalties by you does not
constitute an admission of liability. This payment must be made payable to the Department of
Environmental Protection by cashier's check or money order and shall include the OGC File Number
assigned above and the notation "Ecosystems Management and Restoration Trust Fund (EMRTF)
Payment shall be sent to the Department of Environmental Protection, 3319 Maguire Boulevard,
Suite 232, Orlando, Florida 32803 within thirty (30) days of your signing this letter.
Your signing this letter constitutes your acceptance of the Department's offer to resolve this
matter on these terms. If you elect to sign this letter, please retum it to the Department at the
address indicated above. The Department will then countersign the letter and file it with the Clerk of
the Department. When the signed letter is filed with the Clerk, the letter shall constitute final agency
action of the Department that shall be enforceable pursuant to Section 120.69 and 403.121, Florida
Statutes.
If you do not sign and return this letter to the Department at the district address by February
25. 2008, the Department will assume that you are not interested in settling this matter on the above
described terms, and will proceed accordingly. Your rights or substantial interests are _qtt0
determined by this letter unless you sign it and it is filed with the Department Clerk. ��G\N
Sincerely, �G� O``
ice
By:
James W. Young Jr., Manager
OC D -AP -08 -003
Page 2
ian
Ja W. Young Jr., Ma er
Seawinds Funeral Home LC
VFG /JB /cs /ng /j
Copies furnished to: Aliki Moncrief, OGC
India Nicholson, OGC
Cindy Phillips, DARM
DATE
A/ W V L iiun L
ru•wr Jk'./L us
Vivian F. Garfein
Director, Central District
Date: February 15, 2008
FOR THE RESPONDENT:
e,�
You-p, on behalf of Seawinds Funeral Home I, LLC, HEREBY
I, U-72') ACCEP HE TERMS OF�HE S: L OFFER IDENTIFIED ABOVE.
Date
FOR DEPARTMENT USE ONLY AA��
DONE AND ENTERED this,'r`�G day of %G 21 C�f i 2008, in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT
OF E NVIRONMENTAL PROTECTION
Vivian F. Garfein
Director, Central District
Filed, on this date, pursuant to Section 120.52, F. S., with the
designated Department Clerk, receipt of which is hereby acknowledged.
James W. Young Jr., Manager
OCD -AP -08 -003
Page 3
NOTICE OF RIGHTS
Persons who are not parties to this Consent Order but whose substantial interests are
affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida
Statutes, to petition for an administrative hearing on it. The Petition must contain the information set
forth below and must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS -35, Tallahassee, Florida 32399 -3000, within 21 days of receipt of
this notice. A copy of the Petition must also be mailed at the time of filing to the District Office
named above at the address indicated. Failure to file a petition within the 21 days constitutes a
waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and
120.57, Florida Statutes.
The petition shall contain the following information:
(a) the Department's Consent Order identification number and the county in which the subject
matter or activity is located; (b) The name, address, and telephone number of each petitioner; the
name, address, and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes; (c) A statement of how and when each petitioner received notice of
the Consent Order; (d) A statement of how each petitioner's substantial interests are affected by the
Consent Order; (e) A statement of the material facts disputed by petitioner. If there are none, the
petition must so indicate; (f) A statement of facts which petitioner contends warrant reversal or
modification of the Consent Order; (g) A statement of which rules or statutes petitioner contends
require reversal or modification of the Consent Order; and (h) A statement of the relief sought by
petitioner, stating precisely the action petitioner wants the Department to take with respect to the
Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by it in
this Notice. Persons whose substantial interests will be affected by any decision of the Department
with regard to the subject Consent Order have the right to petition to become a party to the
proceeding. The petition must conform to the requirements specified above and be filed (received)
within 21 days of receipt of this notice in the Office of General Counsel at the above address of the
Department. Failure to petition within the allowed time frame constitutes a waiver of any right such
person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to
participate as a party to this proceeding. Any subsequent intervention will only be at the approval of
the presiding officer upon motion filed pursuant to Rule 28- 106.205, Florida Administrative Code.
Mediation under Section 120.573, Florida Statutes, is not available in this proceeding.
Afore Proi ciwn. Less Process
u•rnr. dcy). srafe,/T. US
Jan King
From: Jan King
Sent: Monday, February 22, 2010 4:12 PM
To: 'Shine, Caroline'
Subject: RE: Crematory Requirements
Thank you for sending me the attached information. It was very interesting.
As you may recall, we are dealing with the Seawinds Crematory located at 735 S. Fleming Street, Sebastian, FL, which
was destroyed by fire in November, 2009. The owner is requesting to expand the building by 500 square feet to
accommodate two incinerators. The expansion was approved by our Planning and Zoning Commission in January, but a
neighboring property has appealled the decision to City Council. The appeal hearing will be held on March 10.
The crematory was constructed in 2003. Would it be possible for you to send me the number of complaints you have
received regarding this facility since its construction, as well as the nature of the complaints and their outcome? This
information would be very helpful in the upcoming hearing.
I appreciate your assistance in this matter. If you need any additional information, please let me know.
Sincerely,
Jan King, Manager
Growth Management Department
City of Sebastian
(772) 589 -5518
fax (772) 388 -8248
jking @cityofsebastian.org
From: Shine, Caroline mailto :Caroline.Shine @dep.state.fLusj
Sent: Wednesday, January 06, 2010 4:24 PM
To: Jan King
Subject: Crematory Requirements
Ms. King:
I am attaching a copy of the Human Crematory Air General Permit Registration Form, which also provides the
operating requirements for these units. For your information, I highlighted a few areas that speak to the
additional requirements for new units. Please let me know if you have any questions.
Thank you,
Caroline Shine, Program Administrator
Air Resource Management
FDEP, Central District
3319 Magu /re Boulevard, Suite 232
Orlando, Florida 32803
407 -893 -3332
Caro line. Shinedep.state.f us
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is
committed to continuously assessing and improving the level and quality of services provided to you. Please take a few
2/22/2010
�i z
minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank
you in advance for completing the survey.
2/22/2010
Jan King
From: Shine, Caroline [Caroline.Shine @dep.state.fl.us]
Sent: Wednesday, February 03, 2010 3:00 PM
To: simiiid @comcast.net
Cc: robert.Ditolla @fldfs.com; Kuberski, Garry; Parker, Wanda; Jan King; Prather, Jeff
Subject: RE: Crematory
Good Afternoon, Mr. Simso:
.+bv 1 vJ.
Mr. Robert Ditolla, Division of Funerals, Cemetery and Consumer Services (FCCS) West Palm Beach office is
the contact for your area I do not have his physical address, but I can provide his email address: Mr. Ditolla
(Robert.Ditolla@fldfs.com), telephone number 561 640 -6700, ext 6725. Mr Aldon Asher contact information is:
Financial Specialist, Bureau of Unclaimed Property, Department of Financial Services, office: (407) 835 4426
fax: (407) 481 5664.
Our inspectors are not restricted to counties, and conduct crematory and other air pollution source inspections
across eight counties. Mr. Garry Kuberski is the Air Compliance Manager and Wanda Parker Garvin is the Air
Environmental Manager. Mr. Prather was correct when he stated that the Department does not have
regulatory authority over locating and /or zoning the facility. We do have regulatory authority over the
proper operation and maintenance of the unit. It is my understanding that the unit at this facility unit is not
operative. Please let me know if that is correct.
2/3/2010
The rule requires that visible emissions (smoke) from human crematories not exceed 5% opacity, six minute
averaged, but allows up 15% opacity for six minutes in any one -hour period. The company will have to re-
register the new replacement unit, and maintain it in proper working order in accordance with the
manufacturer's specifications to ensure the integrity and efficiency of the equipment. At that time, the unit
will have to be tested within 30 days after the unit commences operation, and annually thereafter. The design
information must be submitted when the new unit is registered. If the new crematory unit contains a defect
that affects the integrity or efficiency of the unit, it would have be taken out of service.
Additionally, all new units installed after February 1, 2C07, are required to be equipped and operated with a
pollutant monitoring system to automatically control combustion based on continuous in -stack opacity
measurement. It must be calibrated to restrict combustion in the primary chamber whenever any opacity
exceeding 15% opacity is occurring. If the unit is not operating properly, resulting in smoke and objectionable
odors, please notify this office so that matter can be investigated.
I am providing Mr. Ditolla a copy of your email below regarding the way you indicated the bodies were
being handled in the funeral home.
Thank you,
Caroline Shine, Program Administrator
Air Resource Management
FDEP, Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803
407-893-3332
Caroline. Shine'dep. state. f/. us
Thank you,
Caroline Shine, Program Administrator
Air Resource Management
FDEP, Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803
407 -893 -3332
Caroline. ShineQa dep.state. fl, us
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is
committed to continuously assessing and improving the level and quality of services provided to you. Please take a few
minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank
you in advance for completing the survey.
From: simiiid @comcast.net [mailto:simiiid comcast.net]
Sent: Wednesday, February 03, 2010 9:39 AM
To: Shine, Caroline
Subject: Crematory
Dear Ms. Shine
Per our conversation I need to know the name, address and email of the person that replaced Mr.
Asher. I would also need Mr Asher's new tiltle and information if he's still
involved. I'm also requesting the name and info of the person that physically inspects the
crematories and a list of crematories located in Indian river and Brevard counties or in your
jurisdiction. I will send you copies of my reports and findings. I believe as a former code
enforcement, fire and arson investigator having graduated from the Connecticut Starte Fire Academy
that upon reading the fire report and the EPA's rules on crematories we have some major problems
with not only the way this crematory was operated but a design flaw in the structure concerning the
stack! Upon reading Mr. Prather's letter to Ms. Walsh concerning not having regulatory authority over
location and /or zoning of such facility, I do believe you do have the authority to not issue a general air
permit if the location is found to cause harm by way of smoke and odors coming from the crematory
into our existing building. During this time I have been collecting signitures and letters attesting to this
fact from not only our members but neighboring citizens. I have also received letters attesting to the
fact of bodies being wheeled on gurneys with a sheet draped over them from the funeral home to the
crematory in full view of the public and to the burning of trash in the chamber, all validated
2/3/2010
happenings that the crematory owner denied under oath during the Planing and Zoning hearing for
his permit.
2/3/2010
Thank you,
Andrew J. Simso, III
1569 Ocean Cove St.
Sebastian, FL 32958
772 589 -7089 Home
772 913 -2515 CeII
Simiiidcomcast.net
Treasurer Sebastian Elks 2714
March 1, 2010
Ms. Jan King
City of Sebastian Growth Management Department
1225 Main Street
Sebastian'Florida 32958
Subject Seawr d Crematory
Sebastian, Florida
E rgineer's P.N. 09 -185
ear J an
s you are aware; the Sebastian Planning Zoning Commission imposed.a condition on
esuba site:pian in their rneeting'of January T,. 2010 T, ^is condition was as follows:
ui1drng shall provide a 2 hour f re wall on wale, and ceiling:'
The -:two (2) hour. rated- walls can be acb.ieved,. hut:ther s: rotating for the. two (2) boor Berl Th coed trop rs not recurred by the Florida 3tnichng Code artcl the City of
Sebasti -.Le.
u g Dire sloes not ev know howwe. cou ld achieve this ig As:an iJternate to tFe .2 :hour rated ceiling, the Indian diver ount Fire Prevention and T `fe
Safety Department has suggested that the exhau stack ±emu the crematory b e enck sed
with
r a o h our ated wall and;have
on spri h ead at ripe top and: bottom of the enclosure Ve are provi details of thrs review to the Seba Buil
Departm \?Ve intend, to take this issue to the ttty Lour' r our M irch 10, 2010
meetrfrg PTea call shall you require any a i tional rnf ormatron
MOSBY.SMITH ,ENGINEERING; INC.
CMI/ STRUCTURAL /ENVIRONMENTAL`CONSULTING ENGINEERS:
61 .0 1 st Street, Suite 102 Vero Beach; •Florida 32962. Phone (772) 299 =5705 Fox (772) 299 -5704
EXHIBIT G
Date:
To:
From:
3/3/2010
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589 -5537 FAX (772) 589 -2566
Rebecca Grohall
Growth Management Director
Wayne Eseltine, CBO
Building Director
MEMORANDUM
Subject: Seawinds Crematory Building Permit Application
The proposed crematory replacement building located at 735 South Fleming St. was submitted for
building permit on 12/29/2009. The design of the building has undergone some revisions in and attempt
to meet the requirements set out by the City Planning and Zoning Commission.
For a building of this type and size with a distance separation of 10 feet or more from the property line,
the Florida Building Code does not require any additional fire- rating requirement for the walls or
ceiling. The Planning and Zoning Commission set out requirements for two hour rated walls and
ceilings. The plan submittals show concrete block walls which will provide the two hour fire rating,
however; the two hour rated roof/ceiling assemblies are not readily achievable and a two hour rated
roof/ceiling assembly is not required elsewhere in the building code for any building of any size or type.
Indian River County Fire Prevention plan review indicated that the National Fire Prevention Code
requires a building with this type of use to be fire sprinklered. Lieutenant Rich Marini, is the plans
examiner for this project for Indian River County Fire Department, he has indicated that they have
discussed this requirement with the applicant and have accepted an alternate method to provide a one
hour fire rated shaft enclosure around the exhaust stacks of the equipment with a sprinkler head at the
top and bottom of the shaft enclosure. The latest plans have been revised to reflect these changes.
The crematorium equipment specifications were submitted for approval. Manufacturer's specifications
appear to meet building code requirements for the intended use. Additionally, the specifications require
minimum separation to combustible members around the equipment and the exhaust stacks. The
submitted plans show that these minimum separation requirements have been satisfied.
"An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
Sally
Jan King
From: Sally Maio
Sent: Monday, March 29, 2010 8:33 AM
To: Alfred Minner; Rebecca Grohall; Jan King; Robert Ginsburg
Cc: mathewsonm @bellsouth.net
Subject: FW: Crematorium and P &Z
Ms. Mathewson has asked to add this to the record of the Planning and Zoning Commission meeting for April 1st
Sally Maio
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
smaio@cityofsebastian. orq
(772) 388 -8214
From: Maureen Mathewson [mailto :mathewsonm @bellsouth.net]
Sent: Saturday, March 27, 2010 10:54 AM
To: Jim Hill; Richard H. Gillmor; Eugene Wolff; Andrea Coy; Don Wright
Cc: Andy Simco; Sharon Norris; Sally Maio; Bruce and Ellie Lea
Subject: RE: Crematorium and P&Z
Dear Mayor Gillmor,
1 Vie 'c -c^—' rag 1 in L
C.. h' ✓o'�t' Gk:
read- i w'ro rt C cf rc-
I have been told that the Planning and Zoning Board has scheduled the hearing for the
expansion of the Seawinds crematorium for Thursday, April 1 That Thursday is Holy
Thursday, one of the most significant holy days in the Christian calendar. Unfortunately,
my husband and I will not be able to attend this meeting because our church services
start at 7 PM.
I would ask that my previous letter to City Council be included in the record and I
strongly object to this expansion. It defies logic that Planning and Zoning would
approve a town house project of extremely high population density and then approve
the expansion of the crematorium that was described at the City Council appeal
meeting. It also defies logic that they would place this crematorium next to a building
where over 100 people meet twice a week.
The crematorium that was in operation on the site was proven to be a dirty and unsafe
operation. There is no reason to believe that a bigger one will be better.
My husband and I are not members of the Elks. We are just residents of Harbor Point
that strongly object to the pollution that the crematorium has generated. I also am very
disappointed that the Planning and Zoning meeting has been scheduled on a solemn day
in the Christian calendar.
Sincerely,
3/29/2010
Maureen A. Mathewson
3/29/2 1
Jan King
Dear Ms. Maio,
From: Sally Maio
Sent: Monday, March 29, 2010 8:34 AM
To: Alfred Minner; Rebecca Grohall; Jan King; Robert Ginsburg
Subject: FW: Previous e -mail re crematorium
GIs. Mathewson has included her address for the record.
Sally Maio
City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL 32958
smaio@cityofsebastian.org
(772) 388 -8214
From: Maureen Mathewson [mailto:mathewsonm @bellsouth.net]
Sent: Saturday, March 27, 2010 11:41 AM
To: Sally Maio
Subject: RE: Previous e-mail re crematorium
I neglected to put my address on my previous e -mail to City Council regarding the
crematorium. I would like that e -mail to be part of the record since I am unable to
attend the P &Z meeting. My address is:
108 Harbor Point Drive
Sebastian, Florida 32958
If you need me to resend the entire e -mail with my address, please let me know and I
will be happy to do that. Thank you.
Maureen Mathewson
3/29/2010