HomeMy WebLinkAbout05172010Special Attachment - OrderCTIYOF
HOME OF PELICAN ISLAND
CITY COUNCIL
City of Sebastian, Florida
Appeal of Planning and Zoning Decision:
Damien Gilliams Appeal of Planning and Zoning Commission Approval
of a Site Plan Modification for Seawinds Funeral Home and Crematorium
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came on for public hearing before the City Council of the City of
Sebastian on May 17, 2010, and based upon the testimony and all of the evidence
presented, the City Council enters the following:
1. The Subject Property:
FINDINGS OF FACT
The subject property, 735 S. Fleming Street, is located in the Chesser's Gap
Planned Unit Development. The site consists of 1.09 acres, with 250 feet of frontage
along S. Fleming Street, a major thoroughfare in the City of Sebastian. The zoning
classification of the subject property is PUD -C (Planned Unit Development
Commercial), which allows for a mix of commercial, light industrial and residential.
In 1997 an application for site plan approval and conditional use permit was
received by the City of Sebastian for a 6,264 square foot funeral home on the subject
property. Following a public hearing with due notice, the site plan was approved by
the Planning and Zoning Commission on May 1, 1997. A conditional use permit for
the funeral home was then approved by the Planning and Zoning Commission on
May 15, 1997, following a public hearing with due notice. Subsequently, the funeral
home was constructed.
In 2003, after several years of funeral home operation, an application was
received by the City of Sebastian for a minor site plan modification and conditional
use permit for a crematory at this site. The proposed 480 square foot accessory
structure was approved, as well as a conditional use permit for the crematory, on
March 6, 2003 by the Planning and Zoning Commission following a public hearing
with due notice. Subsequently, the crematory was constructed.
Both the funeral home and the crematory remained in operation until
November 4, 2009, when a fire destroyed the roof and contents of the crematory.
The funeral home was not damaged.
2. The Application:
In December of 2009 an application was submitted by Seawinds Real Estate
Company, L.L.C. (Seawinds), owner of the subject property, for a site plan
modification to enlarge the crematorium facility by an additional 500 square feet.
Section 54 -4 -18.3 of the Sebastian Land Development Code states,
"A site plan requiring an administrative site plan review shall be
reviewed by the director of planning and growth management
according to procedures stated below: (a)(1) If deemed
necessary, the planning and growth management director may
schedule an administrative site plan for a regular planning and zoning
commission meeting in order to obtain a recommendation."
Section 54- 4- 18.3(b) states,
"Minor modifications. Minor modifications to approved
developments shall be reviewed as an administrative site plan. Minor
modifications include changes such as: (4) Building additions. An
addition to a building which does not increase the floor area in excess
of 500 square feet."
The Growth Management Director scheduled a quasi judicial public hearing, with
due notice, on January 7, 2010, for the Planning and Zoning Commission to
consider the application. The Growth Management Department, 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 and provided comments to
the Planning and Zoning Commission. Following the public hearing, the Planning
and Zoning Commission approved the application for a 500 square foot addition to
the crematory by a vote of 5 in favor and 1 against, 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.
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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, Attorney Leon Nichols, on behalf of B.P.O.E. Elks
Lodge #2714, owner of a property immediately abutting the subject site, filed an
appeal of the Planning and Zoning decision. The appeal was scheduled for a quasi
judicial hearing, with due notice, by the Sebastian City Council on March 10, 2010.
Following the public hearing, and after several failed motions, the City Council
remanded the matter, by a 3 to 2 vote, back to the Planning and Zoning Commission
for further consideration.
In accordance with the remand, another quasi judicial public hearing, with
due notice, was scheduled by the Planning and Zoning Commission for April 1,
2010. Revisions to the site plan and conditions were submitted by Seawinds in
response to concerns expressed by the Elks Lodge. Additional information was
provided by Brian Nolan, Indian River County Fire Marshall and Wayne Eseltine,
Building Director for the City of Sebastian. Charles DeLauder, Exalted Ruler of
Elks Lodge #2714, spoke in favor of the site plan, as revised. Following the public
hearing, the Planning and Zoning Commission approved the 500 square foot
addition to the crematory by a vote of 5 to 2 vote, 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. 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.
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3. Second Appeal:
7. No cremations shall take place on Wednesdays between 12:00
noon and 4:00 p.m.
On April 9, 2010, Damien Gilliams, "Appellant filed an appeal of
the Planning and Zoning decision of April 1, 2010.
A. Facts Relating to Standing
A "Motion to Dismiss Appeal Based on Appellant's Lack of Standing"
was filed by Attorney Buck Vocelle, on behalf of Seawinds, on April 23, 2010.
Appellant is a property owner at 713 Layport Drive, Sebastian,
Florida, which is his residence. Appellant, together with his wife, is a one
third owner of vacant commercial property located at 651 Sebastian
Boulevard, Sebastian, Florida. Sebastian Boulevard is County Road 512, a
major arterial 4 -lane divided roadway within the City of Sebastian.
The Land Development Code of the City of Sebastian (LDC) requires
mailed notice to all property owners within 300 feet of the subject property.
Appellant's residence is not within the area that received notice of the
public hearing. Appellant's residence is approximately 2,700 feet from the
subject property, 9 times the LDC requirement and across County Road 512.
Appellant's commercial property is approximately 2,400 feet from the
subject property, 8 times the LDC requirement, and it is oriented toward
County Road 512. The appellant testified that he occasionally patronized
local businesses within the Chesser's Gap Development, and occasionally
participated in professional association meetings conducted at the Elks Club.
B. The Merits of the Application
Public notice of this second appeal hearing was published on May 2,
2010, in the Press Journal, a newspaper of general circulation in the City of
Sebastian, Florida.
The appellant was represented by Attorney Kimberly Rezanka. She
pointed out parts of the record that could have supported her client's appeal.
Appellant and one additional person spoke in favor of the appeal.
Attorney Vocelle, representing Seawinds, spoke in opposition to the
appeal. Additional testimony was provided by Randy Mosby, engineer for
the project, who testified that the facility met or exceeded code requirements.
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Brian Nolan, Indian River County Fire Marshall, provided additional
testimony that the facility will meet or exceed fire prevention code and life
safety requirements.
Jim Young, owner of Seawinds, provided testimony on the need for an
expansion and the operating capacity of the facility.
The crematorium mechanical equipment will be new, state of the art,
computer controlled retorts manufactured in 2010, replacing older,
refurbished equipment that was manufactured approximately 20 years ago.
Additionally, the facility will be licensed and meet new air quality standards
with the Department of Environmental Protection.
The crematorium will be equipped with a monitored alarm system.
Additionally, the facility will offer enhanced fire suppression through the use
of a sprinkler system.
The retorts will be placed in the building at the most southern point,
offering additional distance between the facility and the Elks Lodge.
Additional landscaping will be placed to assist in visually screening
the facility.
Cremations will not take place on Wednesdays between the hours of
12:00 noon and 4:00 PM, at the request of the Elks.
CONCLUSIONS OF LAW
Based upon careful consideration of the evidence and testimony presented and the
applicable provisions of the Sebastian Land Development Code, the City Council hereby
finds and determines:
1. The appellant is not an "affected party who is aggrieved by a decision of the
Planning and Zoning Commission and therefore lacks the standing necessary
to maintain this appeal. LDC Section 54- 1- 2.4(g). Nevertheless, in an effort to
provide a meaningful review of both appellant's standing and the merits of the
appeal, the City Council conducted a full hearing on the merits.
2. The requirements for granting the site plan modification have been satisfied, and
the Planning and Zoning Commission approval, with conditions, is supported by
the record and is correct.
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ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to deny the appeal and affirm the Planning and Zoning decision, and further to find
that the appellant lacks standing. The motion was made by Vice Mayor Jim Hill, and
seconded by Council Member Andrea Coy, and adopted by the Council by a vote of 4 in
favor and 1 against.
The appeal is hereby DENIED; the Planning and Zoning Commission decision to
approve the site plan modification with conditions be and the same is hereby UPHELD.
DONE AND ORDERED in Sebastian, Indian River County, Florida, this 17th day
of May, 2010.
ATTEST:
WtilaunV
DC/0111y Cr+/ Clerk
-for Sally Maio, City Clerk
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CITY OF SEBASTIAN
May 25, 04016
Date
Richard Gillmor, Mayor