HomeMy WebLinkAbout01072010 PZ Minutes AttachmentPLANNING ZONING COMMISSION
City of Sebastian, Florida
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:
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. 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.
CONCLUSIONS OF LAW
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.
ORDER
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 7th day of
January, 2010.
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CITY OF SEBASTIAN
iLapry Paul, Ctiaii4fian
Jnning Zoning Commission
/a
Date
ATTEST:
Clerk to the Planning and Zoning Commission
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