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HomeMy WebLinkAbout03-17-2011 PZ AgendaHOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, MARCH 17, 2011 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: March 3, 2011 Regular Minutes March 3, 2011 LPA Minutes 6. OLD BUSINESS: 7. NEW BUSINESS: A. Quasi Judicial Public Hearing Site Plan City of Sebastian Hangar "B 212 Airport Drive East 14,946 SF Hangar Building AI (Airport and Industrial Facilities) Zoning District B. Rescheduled Quasi Judicial Public Hearing Site Plan and Riverfront Overlay District Waiver Clams R Us 1624 Indian River Drive Mixed Use: Aquaculture Facility and Single Family Residence Waiver Request for Landscaping Requirements CWR (Commercial Waterfront Residential) Zoning District C. Quasi Judicial Public Hearing Riverfront Overlay District Waiver Fisherman's Landing 1532 Indian River Drive Waiver Request for Landscaping Requirements CWR (Commercial Waterfront Residential) Zoning District 8. CHAIRMAN MATTERS: 9. MEMBERS MATTERS: 10. DIRECTOR MATTERS: 11. ATTORNEY MATTERS: 12. ADJOURNMENT: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 3, 2011 Vice Chairman Dodd called the meeting to order at 7:00 P.M. ROLL CALL: PRESENT: Mr. Roth Mr. Durr Mr. Hepler ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NONE NEW BUSINESS: EXCUSED: Mr. Paul Mr. Cardinale ALSO PRESENT: The pledge of allegiance was said by all. Mr. Dodd Mr. Carter (a) Mr. Reyes Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Robert Ginsburg, City Attorney Mr. Dodd noted for the record that Mr. Paul and Mr. Cardinale have an excused absence, and that Mr. Carter will be voting in their place. MOTION by Hepler /Durr to approve the February 17, 2011 Regular Meeting minutes as submitted. Motion was approved unanimously by voice vote. A. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN AND RIVERFRONT OVERLAY DISTRICT WAIVER CLAMS R US 1624 INDIAN RIVER DRIVE MIXED USE: AQUACULTURE FACILITY AND SINGLE- FAMILY RESIDENCE WAIVER REQUEST FOR LANDSCAPING REQUIREMENTS CWR (COMMERCIAL WATERFRONT RESIDENTIAL) ZONING DISTRICT Mr. Dodd explained that the applicant has requested that the hearing be delayed until the next meeting. MOTION by Dodd /Roth that the [site plan review] be deferred until the March 17, 2011 meeting. ROLL CALL: Mr. Durr yes Mr. Hepler yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 3, 2011 Mr. Reyes yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 6 -0. Motion passed. CHAIRMAN MATTERS: None MEMBERS MATTERS: Deferred to LPA meeting (following regular meeting) DIRECTOR MATTERS: Deferred to LPA meeting (following regular meeting) ATTORNEY MATTERS: None Vice Chairman Dodd stated [the Planning and Zoning Commission acting as] the Local Planning Agency would be convening immediately after this regular meeting. He adjourned the meeting at 7:03 p.m. (3/7/11 db) 2 LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) THURSDAY, MARCH 3, 2011 Immediately following the PZ Commission meeting Vice Chairman Dodd called the meeting to order at 7:04 P.M. ROLL CALL: PRESENT: Mr. Roth Mr. Dodd Mr. Durr Mr. Carter (a) Mr. Hepler Mr. Reyes EXCUSED: Mr. Paul Mr. Cardinale ALSO PRESENT: OLD BUSINESS: None NEW BUSINESS: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Robert Ginsburg, City Attorney Wayne Eseltine, Building Director A. PUBLIC HEARING REVIEW AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0 -11 -03 WHICH PROPOSES TO AMEND THE LAND DEVELOPMENT CODE REGARDING FLOOD DAMAGE PREVENTION: SECTIONS REFERRING TO SURFACE WATER MANAGEMENT, FLOOD PROTECTION, AND LANGUAGE AND DEFINITIONS Vice Chairman Dodd called the public hearing to order. Ms. King explained that the ordinance was prepared in conjunction with FEMA audit comments from our participation in the National Flood Insurance Program (NFIP), which identified a few problems with our current codes. They provided the city with a model ordinance that they requested we incorporate into our books. The regulatory portion is going to be in the Code of Ordinances. She proceeded to state that staff found numerous duplications in both code books. Most of the ordinance action in the Land Development Code will be deletions. Mr. Eseltine, Building Director, did a background overview, discussed why we have a flood ordinance, and went over the proposed changes: Insertion of missing definitions and regulations regarding mobile homes, recreation vehicles, and flood hazard area; addition of new definitions; a new definition regarding "substantial improvement" which no longer contains the two year accumulative clause; a new section with standards for streams; new specific standards that apply to "A" zones without BFE's; and a modification to coastal high hazard areas "V" zones which now allow non supporting break away walls in the space below the lowest floor. 06 I co c c 0 c co too .3 -8 o Q c 2 2 c �N <-a He also stated the proposed ordinance was reviewed by the Construction Board, which made a recommendation for approval. Mr. Roth asked if the Construction Board had proposed any changes that were incorporated in the proposal before them. Mr. Eseltine stated no. Mr. Dodd clarified that the LOMR process would still be available thru the Growth Management Dept. There was a discussion on the LOMRs, how many are processed yearly, Health Dept. elevation requirements with regards to finish floor elevations, etc. Public Input was opened. There were no proponents or opponents who spoke. Staff concluded by recommending the Local Planning Agency make a recommendation to City Council of approval of Ordinance 0- 11 -03. MOTION by Reyes /Hepler to recommend to City Council to approve Ordinance 0 -11 -03 Flood Damage Prevention. ROLL CALL: Mr. Reyes yes Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Hepler yes Mr. Carter yes The vote was 6 -0. Motion passed unanimously. B. DISCUSSION REVIEW OF LAND DEVELOPMENT CODE ARTICLE V, ZONING DISTRICT REGULATIONS, SECTION 54 -2 -5.4 CONSIDERATION OF PERMITTED CONDITIONAL USES FOR CR (COMMERCIAL RIVERFRONT) Mr. Dodd explained this was a continuation of reviewing the LDC, specifically the zoning districts uses, to identify areas that might be recommended to City Council to be modified. Staff stated the CR area was the commercial corridor that runs along US Highway #1 from the southern part of the CRA (Country Ham Egg Restaurant) north to approx. Dr. Shalhoub's site. It is a mixed use district, commercial in nature, while preserving the character of the riverfront area. Mr. Dodd questioned if the mixed use vision was the same for this area, such as retail with a second floor residential use. Ms. Grohall stated yes, but a lot of that type has not been developed. Mr. Roth requested a clarification of permitted uses vs. conditional uses, which staff and the city attorney reviewed. Staff suggested discussing the uses first and then going back to specify conditional use criteria, if necessary. RESIDENTIAL USES: The three existing permitted uses were discussed, whether they should remain or be modified. There was deliberation regarding "all uses permitted in RM -8" and changing it to a conditional use with suggested criteria that the residential use must be located on a second floor. What to do with the RM -8 uses was further discussed. Ms. Grohall also explained that home occupations previously were conditional uses that went before the Commission, were modified to permitted uses, and now are processed by another 2 department. Mr. Dodd suggested making multiple family dwellings, foster care /group homes with less than 6 and more than 6 residents conditional uses, keeping accessory uses to permitted uses and home occupations as permitted and removing RM -8 uses. There was a discussion regarding the foster care use. It was agreed to recommend Mr. Dodd's suggestion. COMMUNITY FACILITIES: Mr. Dodd opened the discussion regarding churches as a permitted use in the district. He felt it was an active area for bar lounges, and restaurants with bars, and churches may restrict that use. He suggested removal of the church use, but wasn't sure if it would be legal to do so. Mr. Ginsburg stated there are federal cases currently, but if the use was removed a church could request a zoning change if they wanted to build in the district. Nursing homes were discussed, with the trend towards smaller scale facilities. Mr. Dodd felt they did not fit with the riverfront vision. Possible scenarios were explored and the members reminded themselves that the corridor was large and that it had different characteristics in it. Discussions followed regarding making churches a conditional use with regards to size and the members agreed. It was the only change to this area of the chart. COMMERCIAL ACTIVITES: Mr. Durr asked if Commercial amusement, enclosed, could include arcades. Staff stated because of the age restrictions, they were defined as adult entertainment, and only allowed in the industrial district. Mr. Dodd suggested making bars and lounges a permitted use (from conditional). The members agreed. Funeral Homes were discussed along with crematories. The members decided to recommend that crematories be listed as a separate use and that they were only allowed in the Industrial district (if proposed to be a separate structure vs. inside a funeral home building). The members would like to change parking lots without buildings from permitted to conditional so there would be some control as to what they would look like. Another discussion ensued regarding vehicular sales in the district. It had been previously removed from the riverfront area, and the members decided not to add it back in. The members did not want trade and skilled services to look like the industrial area on CR 512 and would like to make that a conditional use with the criteria that the trades area be a part of a retail use. And after further discussion, it was also agreed to make wet/dry storage of boats a conditional use, and remove wholesale trades and services. Yacht clubs were removed from the district based on the discussion that the use could fall under a different category (private club), there was no definition in the LDC, and that there was a small amount of CR zoning abutting the river. Vice Chairman Dodd reviewed all the changes discussed for the CR zoning. Mr. Dodd asked about a schedule for the LDC review that was mentioned at a City Council meeting. Ms. Grohall stated it was a tentative "moving target" schedule. CHAIRMAN MATTERS: None MEMBERS MATTERS: None 3 DIRECTOR MATTERS: Ms. Grohall stated she had spoken to the parties involved regarding the crematory activities on a Bingo afternoon. The burning was done in error, and the Elks Club stated it has not occurred again. They stated the new units at the crematory were performing at a much better level than the old ones. ATTORNEY MATTERS: Mr. Ginsburg clarified with the Commission their premise for removing the Yacht Club use from the district. Vice Chairman Dodd adjourned the meeting at 8:49 p.m. (03/07/11 db) 4 SEBk$1 HOME OF PELICAN ISLAND Growth Management Department Site Plan Review Staff Report 1. Project Name: Sebastian Municipal Airport Hangar B 2. Requested Action: Site plan approval for a 14,946 SF hangar facility which includes warehouse, manufacturing and office facilities, along with required parking, stormwater, and landscaping. 3. Project Location a. Address: 212 Airport Drive East b. Legal: Development area of airport noted on site plan c. Indian River County Parcel Number: 30- 38 -22- 00001 0000 00000.1 4. Project Owner: City of Sebastian Mr. Al Minner, City Manager 1225 Main Street Sebastian, Florida 32958 (772) 589 -5330 Fax (772) 589 -5570 5. Project Agent: Mr. Joe Griffin, Airport Manager 6. Project Engineer: MBV Engineering, Inc. Mr. Aaron J. Bowles, P.E. 1835 20 Street Vero Beach, FL 32960 (772) 569 -0035 Fax (772) 306 -0460 7. Project Contractor: Ahrens Companies 1461 Kinetic Road Lake Park, FL 333402 (561) 863 -9004 1 8. Project Description a. Narrative of proposed action: The City of Sebastian proposes to construct a 14,946 SF hangar facility which includes warehouse, manufacturing and office facilities to be located at 212 Airport Drive East within the Sebastian Municipal Airport southwest of the Administrative Building and immediately west of Hangar A (LoPresti). The site consists of a one -story structure together with associated parking, water and sewer service, drainage and landscaping. Access to the site will be via Airport Drive East. The area of development consists of .9 acres, of which 76% will be impervious and 24% will be open space. b. Current Zoning and Land Use: Zoning: Al (Airport and Industrial) Land Use: INST (Institutional) c. Adjacent Properties: d. Site Characteristics (1) Project Area: .90 acres (2) Current Land Use(s): Vacant (3) Soil: Immokalee (4) Vegetation: None (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: N. Co. Conservation Area- .3 mile Hardee Park .9 mile (9) Police /Fire: Indian River Fire 1.8 miles Sebastian Police 1.2 miles 2 Zoning Current Land Use Future Land Use North: Al Airport INST East: Al Hangar A (LoPresti) INST South: PS Municipal Golf Course INST West: Al Airport INST 8. Project Description a. Narrative of proposed action: The City of Sebastian proposes to construct a 14,946 SF hangar facility which includes warehouse, manufacturing and office facilities to be located at 212 Airport Drive East within the Sebastian Municipal Airport southwest of the Administrative Building and immediately west of Hangar A (LoPresti). The site consists of a one -story structure together with associated parking, water and sewer service, drainage and landscaping. Access to the site will be via Airport Drive East. The area of development consists of .9 acres, of which 76% will be impervious and 24% will be open space. b. Current Zoning and Land Use: Zoning: Al (Airport and Industrial) Land Use: INST (Institutional) c. Adjacent Properties: d. Site Characteristics (1) Project Area: .90 acres (2) Current Land Use(s): Vacant (3) Soil: Immokalee (4) Vegetation: None (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: N. Co. Conservation Area- .3 mile Hardee Park .9 mile (9) Police /Fire: Indian River Fire 1.8 miles Sebastian Police 1.2 miles 2 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c. Housing: n/a d. Public Facilities: consistent e. Coastal Management: n/a f. Conservation: consistent g. Recreation and Open Space: consistent 10. Contents of Site Plan: a. lot configuration: Provided (development area) b. finished ground floor elevation: 21.50' c. contours and designated number of dwelling units: 0 d. square footage of project area: 39,247 SF e. building coverage: 14,946 SF 38.1% (50% maximum) f. square footage of impervious areas and open area: Impervious Open 29,842 SF 76.1% (80% maximum) 9,405 SF 23.9% (20% minimum) g. setbacks: Provided. The development site will remain part of the Sebastian Municipal Airport property. Therefore, the building setbacks provided more than exceed the code requirements. 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: A color board will be provided at the Planning and Zoning public hearing. Building colors are noted on the elevation sheet as light stone and desert sand with emerald green trim. k. building height: Provided: 30' (35' maximum 3 Use Unit Standard Required Spaces Office 352 SF 1/200 1.76 Warehouse 7936 SF 1 /1000 7.94 Manufacturing 6658 SF 1 /500 13.32 Total 23.02 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: Provided. Parking Required: 23 spaces Parking Provided: 25 spaces (24 standard, 1 handicap) o. details of off street parking and loading areas (including requirements of Article XV): Not provided. Based on aggregate gross floor area of the industrial building, one loading space meeting required size dimensions, must be provided. p. all off street vehicular surfaces available for maneuvering: Provided. q. surface materials: Provided. r. number of employees: 15 s. type of vehicles owned by the establishment: 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: Not 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. 4 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 SJRWMD permit has been received (No. 40- 061 68172 -16). aa. location of existing easements and right -of -way: Provided. bb. Land survey with complete legal description prepared and certified by a registered surveyor: On file. cc. Verified statement showing each and every individual person having a legal and /or equitable ownership interest in the subject property: City owned. 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: Provided. c. commercial and industrial activities conducted in enclosed buildings: Yes d. exterior lighting: Not 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 14. Traffic impacts: A traffic statement has been provided. 15. Open space and landscape (including the requirements of Article XIV): 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. 5 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. J. 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: To be field determined. 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. k. Location of required landscape areas and dimensions: Provided. I. Location, name, height and size of all existing plant material to be retained: Provided. 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: None proposed. 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: None required. 17. Flood prone land and wetland preservation: n/a 6 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 site plan identifies an area of wind turbines south of the hangar. No detail has been provided regarding these turbines. Therefore, the turbines will not be included with this site plan approval. When the additional information is provided, the turbines will be processed as a site plan modification. A loading zone is required with a minimum dimension of 12' x 25'. Also, site lighting must provided. 23. Sebastian Engineering Consultant review: The applicant has addressed all engineering comments. 24. Conclusion: The proposed Hangar B site plan is consistent with the Comprehensive Plan, Land Development Code, and Airport Development Guidelines Standards. 25. Recommendation: Staff recommends approval of the proposed site plan with the following conditions: A. Provide a minimum 12' x 25' loading zone. B. Provide site lighting plan. C. Approval of this site plan does not include the wind turbines. 7 3 1 1� DATE B. Site Information Name: Mr. Joe Griffin, Airport Director Sebastian Municipal Airport Address: 210 Airport Drive East Lot: Block: Unit: Subdivision: Indian River County Parcel 30-38-22-00001-0000-00000.1 Zoning Classification: AI Future Land Use: MUNI Existing Use: Vacant Proposed Use: Hangar Owner (If different from applicant) Name: Mr. Joe Griffin, Airport Director Sebastian Municipal Airport Address: 202 Airport Drive East; Sebastian, FL Name: Same as applicant Phone Number: (772) 228 -7013 FAX Number: (772 Address: 7078 E -Mail: jgriffin @cityofsebastian.org Phone Number: FAX Number: E -Mail: Applicant (If not owner, written authorization (notarized) from owner is required) Name: Mr. Joe Griffin, Airport Director Sebastian Municipal Airport Address: 202 Airport Drive East; Sebastian, FL 32958 Phone Number: (772) 228 -7013 FAX Number: (772 228- 7078 E -Mail: jgriffin @cityofsebastian.org City of Sebastian HOME OF PELICAN ISLAND Development Order Application Permit Application No. Title of permit or action requested: Site Plan Approval 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): Sebastian Airport Hangar B C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Construct a 14,946 SF hangar (Hangar B) with parking and utilities. In addition, this project proposes to mill resurface 21,100 SF of existing tarmac area adjacent to the hangar. DATE RECEIVED: 0 2 I FEE PAID: 1 Zoo •cO C.G 0 1 1 .0`f RECEIVED B D. Project Personnel: Agent: N/A Name: Address Phone Number: FAX Number: E -Mail: Attorney: N/A Name: Address Phone Number: FAX Number: E -Mail: Engineer: MBV Engineering, Inc. Name: Mr. Aaron J. Bowles, P.E. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: 772 569 -0035 FAX Number: 772) 778 3617 E -Mail: mbveng@mbveng.com Surveyor: Indian River Survey, Inc. Name: Mr. Steve Cartechine, LS Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: (772) 569 -7880 FAX Number: (772 778- 3617 E -Mail: irsurvey @bellsouth.net 1, Joe Griffin BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND T fsE TQ THE BEST OF MY KNOWLEDGE AND BELIEF. X SIGNATUR SWORN TO AND SUBSCRIBED BEFORE ME BY j0(...' 6-1 C WHO IS PERSONALLY KNOWN TO OR PRODUCED AS IDENTIFICATION, THIS 2_2—DAY OF .ekrfr'_YY\ 20 1 CaOtliK3 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: /2:" 22 /o DATE I JESSICA HAWKINS 1 1''4 MY COMMISSIONS EE 003307 EXPIRES: October 22, 2014 •1 Rf 'h Bonded Nu Notary Public Underwriters Permit Application No. Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, THE OWNERS) X THE LEGAL REPRESENTATIVE OF THE OWNERS) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning Zoning BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MAD :Y6NY E PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATU Swom to and subscribed before me by Glk -P,^ who is personally known to me or produced as identification, this Z2_day of 'CY- tfZx 20 IC) Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: -v /0 DATE 41. PY JESSICA HAWKINS MY COMMISSION It EE 003307 EXPIRES: October 22, 2014 '74; t oe Bonded Thru Notary Public Underwriters SEBAsTIAN Supplemental Information Site Plan Approval Permit Application No. X 1. Site size in acres or square feet: 39,247 SF (0.90 ac X 2. Area of impervious surface in square feet: 29,842 SF X 3. Area of pervious surface in square feet: 9,4 0 5 SF X 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.) X 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. X c. A surface -water drainage facilities plan certified by an engineer or architect registered in the State of Florida (3 SETS) N/A d. TWELVE copies of land survey with complete legal description prepared and certified by a registered surveyor. N/A 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. X 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. X i. 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. X 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. X 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 concerned property owners. X c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. X d. Locate on the site plan and describe the character of landscaped areas and /or recreation areas. X 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 ornamental walls, fences, landscaping, including berms and other required screening devices, and any other plans for protecting adjacent property owners. X g. Locate on the site plan existing easements and rights -of -way. 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Project Name: Clams "R" Us 2. Requested Action: Approval of a phased site plan for a mixed -use project which consists of an aquaculture facility and a single family residence 3. Project Location a. Address: 1624 Indian River Drive b. Legal: Metes and Bounds (See survey) c. Indian River County Parcel Number: 30- 38 -30- 00002 0020 00003.0 4. Project Owner: Clams R Us, Inc. c/o Joseph Weissmann 11 Hidden Valley Road Annandale, NJ 08801 (772)- 538 -1051 5. Project Agent: Michael Stentoumis, PE /David Knight, PE 6. Project Engineer: Knight, McGuire and Associates, Inc. 80 Royal Palm Pointe, Suite 401 Vero Beach, FL 32960 (772) 569 -5505 7. Project Surveyor: David M. Jones, PSM 3899 39 Square Vero Beach, Florida 32960 (772) 567 -9875 8. Project Description a. Narrative of proposed action: Phase 1 of the project includes upland improvements, mainly installation of a retaining wall, placement of fill, and 1 construction of the stormwater management. Phase II will consist of constructing the dock and implementing the aquaculture facilities, along with a temporary parking area and some minimal landscaping. Phase III will begin the site construction of the residence, and complete the parking areas, stormwater, landscaping, and utilities. b. Current Zoning: CWR c. Adjacent Properties North: East: South: West: CWR d. Site Characteristics Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: Water Service: Sanitary Sewer Service: Parks: (9) Police /Fire: Zoning CWR C CWR 9. Comprehensive Plan Consistency a. Future Land Use: b. Traffic Circulation: c. Housing: 2 Current Land Use vacant Indian River timeshare recreation Condominiums Gross project area .44 total acres Area of development .21 acres Future Land Use RMU C RMU RMU vacant Immokalee fine sand Pepper Trees, Cabbage palms, Wetland vegetation Zones AE 7, AE 8, and VE 8 Indian River County Utilities Indian River County Utilities Jordan Park 3 /4 mile Riverview Park 1% mile Indian River Fire 1.5 miles Sebastian Police 1 mile consistent consistent consistent 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: 10.10' NGVD c. contours and designating number of dwelling units: provided 1 d. square footage of site: Area of development: 9,169 SF .21 ac Wetland Area: 10,150 SF .23 ac Total site: 19,319 SF .44 ac e. building coverage: 2,018 SF 10.4% (Max. 30 f. square footage of impervious areas and open area: Impervious: 6,242 SF 32.3% (80% max.) Open Space: 13,077 SF 67.7% (50% res 25% commercial min.) 9. J• setbacks: provided: 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 Building exterior construction materials and color: provided k. building height: 22.9' (25' max) I. location and character of all outside facilities for waste disposal, storage areas, or display: provided 3 Required Proposed Front (West) 10' 27.7' Side (North) 5' 33' Side (South) 5' 90' Rear (East) 10' 29' min 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: 10.10' NGVD c. contours and designating number of dwelling units: provided 1 d. square footage of site: Area of development: 9,169 SF .21 ac Wetland Area: 10,150 SF .23 ac Total site: 19,319 SF .44 ac e. building coverage: 2,018 SF 10.4% (Max. 30 f. square footage of impervious areas and open area: Impervious: 6,242 SF 32.3% (80% max.) Open Space: 13,077 SF 67.7% (50% res 25% commercial min.) 9. J• setbacks: provided: 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 Building exterior construction materials and color: provided k. building height: 22.9' (25' max) I. location and character of all outside facilities for waste disposal, storage areas, or display: provided 3 m. location and dimensions of all curb cuts and driveways: provided n. number of spaces with their location and dimensions: Single- family residential: 1 2 spaces per unit 2 spaces Warehouse area: 264 SF 1/1000 SF 1 space Dock: 4 wet slips 1 per 2 slips 2 spaces Total spaces needed: 5 Total spaces provided: 5 (1 H /C) o. details of off- street parking and loading areas (including requirements of Article XV): provided A loading zone, which meets the required dimensional criteria, has been placed in front of the garage area for use by the aquaculture facility. P. all off street vehicular surfaces available for maneuvering: provided q. surface materials: provided r. number of employees: s. type of vehicles owned by the establishment: 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: none area proposed at this time 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 see note under Additional Considerations (item #23C) bb. Land survey with complete legal description prepared and certified by a registered surveyor: provided 4 cc. 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: provided c. commercial and industrial activities conducted in enclosed buildings: yes d. exterior lighting: Per applicant, "No unusual lighting will be provided for the clamming portion of the project as the project will be a daytime operation. The residential portion of the project will have standard lighting." 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 14. Traffic impacts: provided Based on approved ITE standards, average daily trips are under 100 (11.11 ADT), therefore, a traffic impact study is not required. 15. Open space and landscape (including the requirements of Article XIV): 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 5 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 i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: Irrigation system will be provided. Location of sprinkler heads will be field designed. J. q. 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 partial waiver requested from the Riverfront Overlay District. See separate staff report. k. Location of required landscape areas and dimensions: provided 1. Location, name, height and size of all existing plant material to be retained: provided 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: n/a P. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: Riverfront Overlay District special landscape requirements: See separate staff report regarding waiver request for a portion of the special requirements. 16. Required screening of abutting residential and nonresidential uses: n/a 17. Flood prone land and wetland preservation: provided 18: Surface water management: provided 19: Available potable water: Indian River County Utilities 6 20: Wastewater service: Indian River County Utilities 21: Soil erosion, sedimentation control and estuary protection: provided See Sheet 6: Storm Water Pollution Protection Plan (SWPPP), Sheet 3c: Dock Seagrass Plan, and comments below (item #23A) regarding required Coastal Resource Impact Analysis. 22. Performance Overlay District Requirements: provided 23. Additional considerations: A. As this proposed new development abuts the Indian River Lagoon, regulations required from Article XI Environmental Protection were reviewed, such as Section 54 -3 -11.1 Preservation of wetlands and transitional wetlands, Section 54 -3 -11.2 Soil erosion and sedimentation control, and Section 54 -3 -11.4 Coastal resource impact analysis, along with all other state jurisdictional requirements. The applicant is required to "submit as part of the permitting process, plans that demonstrate how the development shall incorporate features designed to protect against potential adverse impacts to shoreline vegetation and stabilization, water quality, native habitat including seagrass beds and wetland habitats, living marine resources, and shoreline access. The following analysis was submitted by the applicant, as indicated on the site plan: (1) "Shoreline vegetation will be enhanced by exotic removal per FDEP requirements and stabilization is achieved by the Environmental Protection Wall. (2) Water quality will be achieved by construction and operation of the stormwater management facilities that were approved by the FDEP to demonstrate that there will be no net increase in discharge of pollutants from the site due to development. In addition, the dock facility must be constructed and operated in accordance with the division of aquaculture BMP's which prohibit activities that would degrade water quality. (3) Native habitat will be preserved and enhanced in the wetland portion of the project. In addition no submerged seaqrasses are expected to be impacted by development. (4) Livinq marine resources such as seaqrass and manatees are not anticipated to be impacted by development. In and around the proposed dock location, there is no seaqrass as alqa is dominant. In addition no increase in boat traffic is anticipated that would result in increased manatee -boat collisions as this area has been used for clam aquaculture by the owner without dock access. (5) Shoreline access will remain as in its current state through the development of the project. The proposed dock access will link the upland portion of the project with the dock facilities. The Environmental shorequard between the upland and wetland portions of the project and will not disturb or impact the shoreline." The applicant also submitted the attached "Environmental Site Summary". 7 B. All permits required from the Department of Agriculture, Department of Environmental Protection, and Army Corps of Engineers for the project are current and up -to -date, including the state's submerged land lease for the property. All environmental information, studies, surveys, and site plans were also reviewed by these state agencies. Copies of the jurisdictional permits are available in the Growth Management Department. C. As noted on the site plan, there is a small existing utility easement adjacent to Indian River Drive, dedicated from the 1956 platting of Indian River Hills Subdivision. Because there is no proposed structure being placed in the easement, it does not have to be formally abandoned. However, utility sign -offs will be required for the proposed placement of asphalt in that portion of the easement before the building permit can be issued. D. Because of the proposed residential use, as required, a School Concurrency Availability Determination Letter (SCADL) was received from the IRC School Board indicating school capacity was available for this project. 24. City Engineer's review: The applicant has addressed all of the consulting engineer's comments. 25. Conclusion: The site plan is consistent with the Comprehensive Plan, Land Development Code, and Riverfront Overlay District. 26. Recommendation: Hold public hearing regarding site plan approval. Staff recommends approval of the Clams R Us phased site plan, with the following condition: 1. The request for a waiver from a portion of the overlay district's landscaping requirements be approved by the Planning and Zoning Commission. PREPARED BY 8 DATE Knight, McGuire Associates, Inc. Consulting Engineers and Planners 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 David S. Knight, P.E. Phone: (772) 569 -5505 Scott B. McGuire, P.E. Fax: (772) 569 -1455 Environmental Site Summary For Clams R Us Project located at 1624 Indian River Drive Sebastian, FL 32958 The existing site lies along the Indian River Lagoon Drive and is part of the Malabar to Vero Beach Aquatic Preserve. In the past, the Clams R Us site had a working boat ramp and a commercial boat dock with 40 boat slips. The boat ramp has for the most part, become filled in and overgrown. In the hurricanes of 2004 the entire dock was lost except for the pilings which still remain. In addition, a great deal of litter and debris has become deposited over the years including multiple abandoned boats, tires and parts of the previous dock facility. This onsite debris has recently been removed (within the past two months) as part of the mitigation requirements associated with the owners Environmental Resource Permit acquired for the project approval from the Florida Department of Environmental Protection. As far as vegetation, the site is primarily dominated by invasive exotic and nuisance vegetation. There currently exists Brazilian pepper, Australian pine, and creeping ox -eye as well as various vine species throughout the site. There are a few saw palmettos and also one cabbage palm located on the site. Near the shoreline plants such as needlerush, bulrushes, water pennywort, false nettle, white mangrove, black mangrove and sea purslane can be found. A few land crab holes can be found around the shoreline/ wetland area of the site. As part of the mitigation required by the FDEP for the proposed project, the owner is required to remove all exotic vegetation in the wetlands. As far as submerged aquatic vegetation, the site investigation performed by Dr. David Cox Consulting found four types of seagrass species: shoal grass, manatee grass, paddle grass and star grass, with shoal grass being the most abundant. In addition alga (Caulerpa Prolifera) was encountered on the site in and around where the existing pilings were located. The existing submerged bottom at the project site consists of sand and fine sediments and muck is present in patches with varying depth of about 4 -12 An oyster bed is located at the seaward end of the headwall and extends to the north at lease 100 feet. No bird colonies were reported to be onsite by Dr.David Cox Consulting. Bird species observed at the site include the Brown Pelican, Double crested cormorant, Great Blue Heron, Opsrey, Green Heron, Great Egret, American Oystercatcher, and Common Tern. As part of the Clam aquaculture facilities associated with the site development a 326 ft x 6 ft commercial aquaculture dock with a 30 ft x 8 ft terminal platform is proposed. The docking facility is subject to Aquaculture BMP's and conditions associated with the Department of Agriculture Lease No.31 -AQ -1044. The dock facility proposes clam upwellers and raceways in addition to 4 boat slips for aquaculture vessel use only. In and around the proposed development the existing submerged aquatic vegetation is dominated by alga and excludes seagrass coverage. The dock is to be constructed basically in place of the existing pilings although; theRIECEINEvlil JAN 2 7 2011 City of $ebastia r,rnwth Management L, be removed and replaced with new ones. In addition to the acquculture farming lease, Clams R Us has acquired state and federal permits required for the dock facility and siteplan. The existing site is identified to be within zone 3 of the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan. Zone 3 is further identified as an area most conducive for locating the proposed project due to: (1) marina channels are several feet deeper than the average adjacent water depth; (2) existing marinas within Zone 3 are proximate to the intercostal waterway and Sebastian Inlet; and (3) although 11 commercial, recreational and residential marinas are located in Zone 3 and generate the highest level of on -water vessel traffic in the county, only four watercraft related manatee mortalities have been reported in Zone 3. References 1. Jurisdictional Wetland Delineation Report for Clams `R' Us Sebastian, Indian River County, FL By: Coastal Tech Coastal Technology Corporation January 2007 2. Natural Resource Survey Submitted to Florida DEP for Clams `R' Us By: David Cox Consulting, LLC June 30 2010 3. Memorandum to Department of Agriculture and Consumer Services from Stephani Culp, Director of Office of Cabinet Affairs Including FDEP staff recommondatins March 17, 2005. Page 2 CITY OF sEBAsTiAls4 HOME OF PELICAN ISLAND Growth Management Department Waiver Request Staff Report 1. Project Name: Clams R Us 2. Requested Action: Waiver requested from Land Development Code Section 54-4 21.A.7(c)(1)e landscape strip (for east side), and Section 54- 4- 21.A.7(c)(2) foundation plantings. 3. Project Location a. Address: 1624 Indian River Drive Sebastian, FL b. Legal: Metes and Bounds (see application) 4. Project Owner: Clams R Us, Inc. c/o Joseph Weissmann. 11 Hidden Valley Road Annandale, NJ 08801 (772) 538 -1051 5. Project Engineer: Knight, McGuire and Associates, Inc. 80 Royal Palm Pointe, Suite 401 Vero Beach, FL 32960 (772) 569 -5505 6. Project Agent: Michael Stentoumis, PE /David Knight, PE 7. Project Description: a. Narrative of proposed action: Joseph Weissmann, in regards to Clams R Us, Inc. located at 1624 Indian River Drive, is requesting a waiver from the following: "Section 54- 4- 21.A.7(c)(1)e Within the perimeter landscape strips, the following landscaping shall be provided per 100 (lineal feet): 1. Five canopy trees, 2. Six understory trees, 3. Continuous hedge: three to three and one -half feet high at planting." Waiver is requested for east perimeter strip only. "Section 54- 4- 21.A.7(c)(2) Foundation plantings shall be required as stated below lin LDC] for buildings in commercial and industrial areas and for businesses allowed in residential areas." Waiver is requested for the east side of the building, and a portion of the shrubs. As noted in the enclosed letter, the waiver is being requested because "Due to the unusual shape of the upland portion of the project and unusual site restraints the project does not have enough land available to meet the additional [overlay requirements] b. Current Zoning: CWR (Commercial Waterfront Residential) c. Adjacent Properties: Zoning Current Land Use Future Land Use North: CWR vacant RMU East: C Indian River Lagoon C South: CWR timeshare recreation RMU West: CWR condominiums RMU d. Site Characteristics (1) Total Acreage: Area of development: .21 acres (2) Current Land Use(s): vacant (3) Water Service: public water (4) Sanitary Sewer Service: public sewer 8. Staff Comments: After reviewing the initial proposed landscape plan, and initial waiver request to implement the regular landscape requirements only, staff felt it was reasonable to request at least a portion of the overlay requirements. Approximately half of the property is undevelopable wetlands adjacent to the Indian River Lagoon. All state jurisdictional agencies have agreed on the location of the upland delineation line and in considering the landscaping requirements staff is using this line as the eastern development boundary. An environmental shoreguard /retaining wall is being constructed along this line, and the stormwater pond will be located adjacent to the wall in the northeastern area. The 2 proposed building is being placed over the stormwater area, making it hard to implement the foundation planting requirements, especially along the east side of the building. However, some shrub material will be planted to help stabilize the stormwater pond slope. Also for consideration, in the future, root systems of any canopy and /or understory trees planted near the retaining wall may undermine the integrity of the wall. Hedging is proposed along the parking spaces, and native flora (mangroves, etc.) will remain in the wetland area (east of the retaining wall) after removal of the nuisance plants. 9. Board Criteria for Determining Waivers (Section 54 -4- 21.6): As part of an application for development, a request may be made for a waiver of any of the provisions of this article (Article XXI. Performance Overlay Districts). The request shall be heard by the planning and zoning commission in determining if any such provision be waived, modified or applied as written. The planning and zoning commission shall hold a quasi-judicial hearing on the requested waiver. The criterion for granting a waiver or modification of any of the provisions of this article is whether the strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure herein is the exclusive remedy to the application of the provisions of this article and is to be utilized in lieu of an application for a variance. 10. Staff Recommendation: The unique shape and existing conditions of the property, i.e. wetlands, and location of the stormwater area created some landscaping challenges for this project. The Overlay District requirements will be met on three of the four perimeters, and in front of the structure. Staff recommends approval of this waiver request as described in this staff report. Growth Management Department 3 3 r1 -mac( Date Knight, McGuire Associates, Inc. Consulting Engineers and Planners 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 David S. Knight, P.E. Phone: (772) 569 -5505 Scott B. McGuire, P.E. Fax: (772) 569 -1455 December 13, 2010 Board of Adjustments Growth Management Department City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Clams R Us Mixed use Residential and Commercial Aquaculture Facilities Supplemental Information for Waiver Request from Riverfront District Landscape Code. To Whom It May Concern: The parcel that the Clams R Us project is located on is a 0.44 acre lagoon front parcel along of which about 0.23 acres is existing wetland habitat to remain The remaining developable area of 0.21 Acres has limited room to accommodate the proposed mixed use residential and commercial clam packaging and distributing facility. Due the unusual shape of the upland portion of the project and unusual site restraints the project does not have enough land available to meet the additional Riverfront District Landscape Code Requirements (54- 4- 21.A.7.) These requirements are in addition to the standard commercial and off -street parking requirements that apply to a city project not in the special overlay district. All of the city's standard landscape requirements for the mixed use project are to be met; the applicant just seeks relief from the Riverfront District Landscape Code requirements. Below is a breakdown of what the waiver would include: o f Standard requirements Riverfront Overlay Requirements s ed OL if%3 Canopy Trees 14 +1 replacement Understory Trees 0 6 0 t .t llj Shrub 41 210 43 Please refer to sheet 7 of the construction plans for more detail on the proposed landscaping. Thank you for your time and consideration. Sincerely, �d. Michael (Mickey) Stentoumis, P.E. cc. KMA file 07 -038 Joe Weissman, President Clams R Us, Inc. RECEIVED JAN 2 7 2011 City of Sebastian Growth Management Dept. B. Site Information Address: I 1 Q �d 1 r r' Lot: Block: n Unit: Subdivision r tan RI ver i i is i h. Indian River County Parcel n Zoning Classification: ix R Future Land Use: n ��rlC�r- �rc�n4- m 1 ,ex t 1 ,seiJ Existing Use: L Proposed Use: -ta C f31 a ,,,k, e' u_I -k-ar �i e i� Er r) (10-06 Owner (If different from applicant) authorization Name: as V h ei5. m�j n 0 5 Q 1 _Lr`��', J Name: aim ns n nn o�a F each PL Address: Phone Number: (77 )5':C.' 1-x- FAX Number: Phone Number: FAX Number: E -Mail: Applicant (If not owner, written (notarized) from owner is required) authorization Name: as V h ei5. m�j n 0 5 Q 1 _Lr`��', J Address: RDA Ca 1 AJc 1,. 1 1 n /°t ■f each PL Phone Number: (77 )5':C.' 1-x- FAX Number: E -Mail: LOP,1 )f) nil n ,l '.I 1sow-14) n e.t 5 EBAST City of Sebastian HAMF(1F PFIIGNISfANO Development Order Application Title of permit or action requested:", ctinCNecv Permit Application Nc V v 1 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): t :Ict Narn AO, i I arJ +are C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if'necessar Construction of. a mixed use two story building consisting of 3,770 SF residential and 264 SF of commercial clam packaging facility as well as a clam aquaculture dock. The requested permit is for a new siteplan for the building, parking and dock. DATE RECEIVED: gC 1 U C( FEE PAID: )V RECEIVED BY:S D. Project Personnel: Agent: CMICH'4 L ST tou -Ot►S nntic-K) Name: Axi l r l a n i tit LE 0 Address 'en I/ Ai 0 1 ninfe c Phone Number: s FAX N 71 5 E -Mail: d .l. a ct `knigh f l ffie j ,t re 0orn MiCK, Attorney: Name: AA 1\ Address Phone Number: FAX Number: E -Mail: Engineer: Name: rr Oct 6; n i git t Address Phone Number: l r FAX Number: ((7v j 9 E -Mail: twit P f elh .c Lc.:' re .c L ro Surveyor: Name: Address Phone Number: r %r -s FAX Number: °j 74794-0047 E -Mail: I, CJe G h lA f Q Ss {fir\ BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: VT THE OWNER I AM THE LE AL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICA ON, AND THAT ALL THE INFORI4ATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU E A D TRUE THE BEST OF M\ KNOWLEDGE AND BELIEF. SIGNAT ORN TO AND SUBSCRIBED BEFORE ME BY fk WHO IS PERSONALLY KNOWN TO ME OR P'ODUCED AS IDENTIFICATION, THIS. DAY OF I: 20OS NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: KELLY S. GILLEN MY COMMISSION DD 592413 EXPIRES: October 13, 2010 1,4 Bonded Thru Notary Pubic Underwriters Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. J/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNERS) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS W VEI'AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMI S M 1E, BY ANY EMPLOYEE, AGE CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: DATE S rn to and subscribed before me by i1.e who is personally known to me or p .duced as identification, this !t_ day of er.pcf,k °;r 20 G 4 r e KELLY S. 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J.4 s gw GO \o wu°d\Itq Eo \t WWtl W S a o F 6 V 0 2 F I F o G e0 8 r S V Q bS N o i 2 2 ii 2 o a W 2 2V r tuttuan0 d'0 »I3 .0 222 4,:58 1" ENO i,...®.._ a.— 1 ,anon, (Y ow 1 2 1\tl \1 0 v 2 O N a u ti 2 E k 6 0 8 o E B p 8 a 2 a M 2, 5 5 5$5 a a V,V �t Mfg Sv C:S� 2212122 Arftil A 2 2 m oy Ln N a 2 a q 2 •o /uawaned)n 03 A r E E E 3 2 N d 1 1 0 2 9 ul ialnM'd7'0,9 eul/a 2.0.9.99 3A180 113A18 WON' if a 0) o 0 E d 2 2 D 8 2 00 u 00 0 a 2 Q L qq 53 C 00 LL 0 2 N 2 ti T li 2 2 i k 11 0. Mined pue saa31 £done) siancopunod9 put, sgn.ad e 5 00 F 8 2 g 8 2 v c O LL Yl 3 n S cis y 0 102225 he hip 6g e 0 2 1 1 k a a 1 1 -oN II U ✓Atl u p. M wit- f-l'.r .ian M ese-deVr 'wag M UMW I� I .I w 11 b II z W b II 0 II 0 �11:E 1106 '11 MI LA MA M3 AI nMp'J -WW+I3 b1W- Y[0- 4A \bJIINw+4NWO \Ww°k, YI ji .wqw Yfo-m :rum buNOp 3. Project Location 7. Project Description: cTY of 5E HOME OF PELICAN ISLAND Growth Management Department Waiver Request Staff Report 1. Project Name: Fisherman's Landing 2. Requested Action: Waiver requested for the southern parcel (Dabrowski site) of the project from Land Development Code Section 54- 4- 21.A.7(c)(1)e, understory tree requirement within the landscape strips; Section 54- 4- 21.A.7 (c)(2), foundation planting requirements; and Section 54- 4- 21.A.7(e) increased canopy tree size. a. Address: 1532 Indian River Drive (south parcel) Sebastian, Florida b. Legal: Metes and Bounds (see survey submitted with site plan) 4. Project Owner: City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 589 -5518 5. Project Applicant: Fisherman's Landing Sebastian, Inc. c/o Charles Sembler 6945 49 Street Vero Beach, FL 32967 6. Project Engineer: Joseph Schulke Schulke, Bittle, Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 (772) 770 -9622 a. Narrative of proposed action: Fisherman's Landing, located at 1532 Indian River Drive (southern parcel), is requesting a waiver from the following: "Section 54- 4- 21.A.7(c)(1)e Within the perimeter landscape strips, the following landscaping shall be provided per 100 (lineal feet): 2. Six understory trees." "Section 54- 4- 21.A.7(c)(2)a Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: 12 feet to 25 feet high 10 feet in depth; and 7(c)(2)b.1 40% of the foundation perimeter along all building faces shall be landscaped, as follows: 1 understory tree for every 20 lineal feet of required planting strip." "Section 54- 4- 21.A.7(e) All canopy trees required under normal landscaping and buffering requirements and special Riverfront corridor plan requirements for projects within the corridor shall have a minimum height of 12 feet and minimum spread of six feet at time of planting." As a summary, and noted on the proposed Landscape Plan, Sheet C -600, the applicant wishes to 1. waiver from planting requirements for foundation plants on the north, south and east perimeters (sides and rear) of proposed buildings (ice house and hatchery) 2. reduce foundation planting strips width from 10' to 5' 3. reduce canopy tree height requirements from 12' to 8' minimum 4. waiver from all understory tree requirements. b. Current Zoning: CWR (Commercial Waterfront Residential) c. Adjacent Properties: Zoning Current Land Use Future Land Use North: CWR vacant commercial RMU East: C Indian River Lagoon C South: CWR aquaculture RMU West: CR office RMU d. Site Characteristics (1) Total Acreage: 1.12 acres (east side of IRD) (2) Current Land Use(s): vacant restaurant, aquaculture marina (3) Water Service: 2 public water 8. Staff Comments: (4) Sanitary Sewer Service: public sewer One of the overall purposes of the Riverfront Overlay District regulations, as listed in Section 54 -4 -21.2, is to "Provide for a sufficient amount of attractive and well maintained landscaping to complement buildings and structures within the corridor Recently, the Commission required additional landscaping/hardscape for a new development to help implement the fishing village theme to the site. The proposed structures and site elements for Fisherman's Landing clearly meet the intent of the district's purpose. This property is owned by the City and leased to Fisherman's Landing Sebastian to be developed as a working waterfront. There is an abundance of trees on the western side of Indian River Drive where the parking is located, and mature trees on the Hurricane Harbor site. 9. Board Criteria for Determining Waivers (Section 54 -4- 21.6): As part of an application for development, a request may be made for a waiver of any of the provisions of this article (Article XXI. Performance Overlay Districts). The request shall be heard by the planning and zoning commission in determining if any such provision be waived, modified or applied as written. The planning and zoning commission shall hold a quasi-judicial hearing on the requested waiver. The criterion for granting a waiver or modification of any of the provisions of this article is whether the strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure herein is the exclusive remedy to the application of the provisions of this article and is to be utilized in lieu of an application for a variance. 10. Staff Recommendation: Along with the existing landscaping on the Hurricane Harbor parcel, and the proposed landscape plan for the southern parcel (Dabrowski site), staff feels there will be a sufficient amount of landscaping to complement this project, and recommends approval of this waiver request. 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