HomeMy WebLinkAbout04012010PZ Minutes AttachmentPLANNING 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:
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ATTEST:
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 1 day of
April, 2010.
Ck%
Clerk to the Planning and Zoning Commission
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CITY OF SEBASTIAN
Date
rence Paul, airman
lanning and Zoning Commission
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