Loading...
HomeMy WebLinkAbout09-01-2011 LPA Agenda01Y OF HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 • FAX (772) 388 -8248 AGENDA LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) THURSDAY, SEPTEMBER 1, 2011 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: August 4, 2011 Regular PZC Minutes 5. OLD BUSINESS: 6. NEW BUSINESS: A. Discussion - Review of Land Development Code - Article V, Zoning District Regulations - Consideration of Permitted & Conditional Uses for: 1. Section 54 -2 -5.6 - Industrial District (IN) 2. Section 54 -2 -5.8 - Public Service District (PS) B. Discussion - Economic Development vs. the Land Development Code Suggested Changes to the Code - Direction to Staff (no back -up) 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY MATTERS: 11. 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. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 4, 2011 Chairman Dodd called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Roth Mr. Dodd Ms. Hennessey (a) Mr. Carter Mr. Reyes ALSO PRESENT: ANNOUNCEMENTS: Mr. Kayser (a) Mr. Qizilbash Mr. Durr Mr. Hepler Joe Griffin, Community Development Director Al Minner, City Manager Robert Ginsburg, City Attorney Dorri Bosworth, Planner Linda Lohsl, Business Tax Specialist Ken Killgore, Finance Director Debra Krueger, Administrative Services Director Chmn. Dodd stated Mr. Kayser would be voting in place of Mr. Hepler. Mr. Hepler then arrived at 7:03 pm. Mr. Minner reviewed recent organizational changes with staff and various departments. He introduced Mr. Joe Griffin as the new Community Development Director, noting the new name change for the Growth Management Department, reviewed Mr. Griffin's credentials, and explained the new divisions within the department: Planning and Zoning, Building, Airport, and Economic Development. APPROVAL OF MINUTES: MOTION by Roth /Durr to approve the minutes of the June 16, 2011 Regular Meeting as submitted. Motion was approved unanimously by voice vote. OLD BUSINESS: A. QUASI - JUDICIAL PUBLIC HEARING — SITE PLAN — CLAMS R' US — 1624 INDIAN RIVER DRIVE — MIXED USE: AQUACULTURE FACILITY AND SINGLE- FAMILY RESIDENCE — CWR (COMMERCIAL WATERFRONT RESIDENTIAL) ZONING DISTRICT Chmn. Dodd opened the hearing, the City Attorney read the agenda item title, and Chmn. Dodd disclosed that this was a second review of a site plan that was deferred from the March 17th, 2011 meeting with changes submitted by the applicant in response to the Commission's comments and concerns. The Commissioners were asked if they had any exparte communication to disclose. There was none. Mr. Ginsburg swore in anyone that was going to offer testimony. Mr. Doug Vitunac, Esq., from Collins, Brown, Caldwell, Barkett & Garavaglia, Chartered, 756 Beachland Boulevard, Vero Beach, represented the applicant, Mr. Joseph Weissmann, who was PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4, 2011 present along with the civil engineer, Mr. David Knight, P.E., and the architect, Ms. Amy Banov, AIA. He reviewed some of the issues from the 3/17/11 meeting, noted three Commissioners were new and not present at that meeting, and stated the application meets or exceeds the code requirements. He requested that the record of the 3/17/11 meeting be included as a part of the record for the currenthearing, and verified with Ms. Bosworth that she reviewed the plan and that as stated in her staff report the application met the code. Mr. Vitunac also discussed some legal aspects of site plan decisions, e.g the quasi-judicial nature and factual determination of a review. He stated the applicant carried the initial burden of showing the proposed project met all codes, and that the burden shifted to the Commission to demonstrate by substantial competent evidence that the application did not. Mr. Knight, P.E., with Knight, McGuire, and Associates of Vero Beach, displayed an aerial of the property, discussed the nature of the site, reviewed the previously requested landscape waiver, noted the wetland area and all perimeter areas were now being considered for landscaping calculations, and stated all the state jurisdictional permits have been issued. He confirmed that the new landscape plan met all requirements including the Riverfront Overlay District's. Ms. Amy Banov, with Banov Architecture and Construction, Inc. of Vero Beach, displayed a colored rendering of the new proposed building elevations and noted the revisions were also reflected on the last sheet in the site plan set. She stated the building met all required codes for building coverage, open space, height, and setbacks. The landscaping shown on the colored pages was an artistic rendering, did not depict the actual landscaping that will be planted, but was at the correct scale. She explained that the structure was designed to comply with the required Old Fishing Village character by using the rural cracker and Caribbean vernacular styles and those elements of two stories, a pitched metal roof, extensive use of porches and railings [primarily on the riverside], vertical window arrangements with muttons in the glass, shutters, garage doors with traditional styling, and an entry porch was incorporated into the elevations. Mr. Carter stated his concern that the building was still the same size. Mr. Durr stated that because 50% of the property was wetland it would be hard to successfully landscape using the proposed plan. He questioned the building coverage being increased by 150 SF from the last site plan and that now a waiver was not being requested. Mr. Knight stated originally there were two porches in the rear with one being covered. Only one was included in the building coverage figure. He stated both porches were now being included in that figure but that the footprint had not changed. Mr. Durr felt that the landscape numbers were added to meet code but that the actual plan would not work, especially in the area around the liftstation, water meter, and utility lines, and the area by the handicapped parking between the asphalt and retaining wall. He asked questions about the trench in between the driveways, the mitered end detail, crosswalk and handicap parking final grades that Mr. Knight answered. Mr. Durr again reiterated his concern that the landscape plan would not work, felt that some parts of the landscape code were not met, and that the amount of landscaping, including calculations for the wetland area that staff stated they added, could not realistically survive on 50% of the property. Staff stated the applicant had asked if they could plant in the wetland area. The decision was deferred to DEP since the wetlands were in their jurisdiction. They stated they did not want any new or additional planting in that area. Regarding a question from Mr. Dodd, staff clarified that the retaining wall was the actual delineation line between the uplands and wetlands. Mr. Durr asked if the landscape plan was designed by a certified landscape designer. Mr. Knight stated yes, but that he had signed the plan since he put the details on the sheet. Mr. Durr also asked questions regarding requirements for an irrigation plan, and phasing sheets. Mr. Kayser asked about the timing for each phase. He also stated his concerns for the size of the project. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4, 2011 Ms. Hennessey had questions on the location of the utility easement mentioned in the staff report. Ms. Bosworth stated the easement was dedicated from a very old subdivision plat and was located near Indian River Drive. Asphalt from the drive aisle was being proposed to be placed in the easement, and because it was not a structure, the easement did not have to be formally abandoned. Mr. Qizilbash questioned how many employees were expected. Mr. Weissmann stated none at this time. Mr. Qizilbash also voiced his concern with the lack of space for the planting of trees by the parking spaces between the retaining wall. Mr. Roth stated he was one of the commissioners that could not attend the March 17th meeting. He asked what type of vehicles would be on -site noting that there was no parking designed for large vehicles. Mr. Weissmann stated the vehicles would be normal size pick -up trucks as this was not going to be a packing plant. Ms. Bosworth stated the code required one loading zone /area which was shown on the site plan in front of the garage. Mr. Roth stated he agreed with Mr. Durr in that there was a lot of landscaping proposed for the site and that he probably would have voted in favor for the landscape waiver if he had been present at the March meeting. Ms. Hennessey questioned if the aquaculture facility was for scientific research or wholesale. Mr. Weissmann stated the clams would be loaded from the river and then brought to a packing plant. Mr. Reyes asked if there would be a fence or barrier on top of the retaining wall to keep vehicles from going over the 5 -foot drop. He suggested bollards or some safety device be added to the details. Mr. Knight stated the site would not be open to the public. Mr. Reyes also asked if the 2004 Environmental Site Summary had been updated since then with new studies, specifically sea grass reviews. Mr. Knight replied that a new sea grass study had been done July 2010. Mr. Weismann verified that three studies had been done over the last 10 years for the state agencies and there were no problems found. Public Input was opened. Mr. Chris Pinson, 9266 106th Avenue, who has financial interest in a parcel along the Indian River Lagoon, stated he was in favor of the project because he felt the applicant met what was expected for development in the riverfront, it is a project preserving the commercial fishing heritage which has been the intent of many political statements, and it is on the same path as the working waterfront project at Hurricane Harbor. He felt it was a project that was definitely improving a dilapidated property that previously had a dock. No one spoke against the project. Mr. Vitunac asked the Commission not to turn the project down because of the landscaping, or trees, in consideration of the time already spent and the amount of State agency permits the applicant has had to get in order to get his project started. He stated speculation can not tell if the trees will survive or not, and that the plan was designed by a certified landscape architect who said it will work. He reviewed that at the March meeting the Commission discussed their displeasure with the request for a landscape waiver, even though they granted the same waiver for the Fisherman's Landing project. He asked that this project be treated the same, and that because all codes were being met, approval be granted. Ms. Bosworth reviewed the phasing schedule pointing out that the structure was not proposed to be built until 2013, that staff also felt there was a lot of landscaping and wished that the waiver was granted but that the [landscape] plan now met the code, and recommended approval. Mr. Dodd stated that his opinion of the March 17th meeting was that the Commission did not ask the applicant to fix their landscaping, which the motion reflects, but to reduce the size of the structure. He read from the Land Development Code that the site plan review intent is "to 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4, 2011 determine if the development is compatible and coordinated with the existing and anticipated development within the immediate area ". He stated he is not too concerned with the landscaping but that there are no other single - family residences in this area from Main Street to Jackson Street, and because the city has invested a lot of money for development in that area, he did not like the large single - family structure with the very small commercial use. He felt this area should be tourist - related businesses only, changes should be made to the LDC, and the site plan should be denied because it was not consistent with anticipated development. Mr. Reyes stated his concerns were also not landscape related, but public safety and environmental. Mr. Roth asked specifically what uses are allowed in the [CWR] zoning district. Staff read verbatim the permitted uses from the LDC. Mr. Roth asked if this was one of the zoning districts the Commission had reviewed during a previous meeting for proposed changes to the district, one which was removing residential uses, and had those changes been approved. Ms. Bosworth stated the meeting had been a discussion item only, and that the proposed changes had not been through public hearings or approved. Mr. Dodd reiterated his concern for the single - family use in this area, and felt the site plan did not meet what the anticipated development should be. He stated that if this was a commercial clam operation with an ancillary residence he would have a lot less issues with the proposal. Ms. Hennessey asked for some clarification on the clamming operation, if it was considered commercial. Mr. Weissmann explained what his permit from the Dept. of Agriculture would allow him to do. Mr. Vitunac also responded stating that the code did not require the site to have any commercial uses on it as single - family residences were a permitted use in the district. MOTION by Durr /Roth to deny the application for the site plan for Clams R Us at 1624 Indian River Drive, mixed use - aquaculture facility and single - family residence. Mr. Ginsburg directed the Commission that the motion would need to be specific on why the application was being denied. MOTION by Durr /Roth to deny the site plan for Clam R Us at 1624 Indian River Drive in relation to Section 54-4 -18.1, item #3. Mr. Hepler stated his dilemma of not wanting to deny the applicant his property rights, but understood Mr. Durr's landscaping concerns. However, he felt the project met all the required codes and did not see how the Commission could deny the project because it was not tourist - related. He stated the city needed working waterfront projects to be a fishing village. Mr. Reyes agreed with Mr. Hepler, but would like to see an approval with conditions. He stated the application was submitted before the discussions held by the Commission to revise the zoning districts uses. Mr. Carter also agreed with Mr. Hepler, but was disappointed that the applicant did not reduce the size of the structure. Ms. Hennessey stated there has been a lot of talk about Sebastian's working waterfront, but in fact there is very little harvested from our area. She felt the project was getting something moving in an industry that was suffering and struggling. Mr. Roth stated he came to the meeting with intentions of denying the project because the minutes of the March 17th meeting noted the Commission had ask the applicant to reduce the size of the structure, and it was not. But based on comments he has heard, he withdrew his second. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4, 2011 MOTION died for lack of a second. MOTION by Reyes /Qizilbash to approve with a condition of adding barriers to the retaining wall in front of the parking area. Mr. Roth stated he could vote to approve if a condition on the size of the structure was also added. After discussion, no condition was added. ROLL CALL: Mr. Durr no Mr. Hepler yes Mr. Qizilbash yes Mr. Reyes yes Mr. Roth no Mr. Carter yes Mr. Dodd no The vote was 4 -3. Motion passed. NEW BUSINESS: B. RECOMMENDATION TO CITY COUNCIL — REVIEW OF CAPITAL IMPROVEMENT PROGRAM AND CAPITAL OUTLAY ITEMS GREATER THAN $50,000 — 6 YEAR SCHEDULE FY 2011/2012 THRU 2016/2017 Mr. Minner reviewed with the Commission the history, process, and requirements of bringing the Capital Improvement Program (CIP) to them for their recommendation to City Council. He stated that the Budget Advisory Committee had worked on General Fund items, City Council has had discussions and given direction on projects in the CRA, and the Parks & Recreation Committee has had meetings on recreational projects that appear in the proposed CIP. Mr. Minner began his Power Point presentation (see attached) and stated he would give an overview of CIP funds, review re- occurring CIP'S that have debt, introduce new CIP's, and answer questions. He reviewed the CIP funds which were Special Revenues from Discretionary Sales Tax fund, Local Option Gas Tax, Stormwater Utility Fee, Recreation Impact Fee from new development, and Tax Increment Fund monies from the CRA. He then discussed specific projects planned with monies from each of the funds. Mr. Roth pointed out that Mr. Minner's information was difficult to follow with the CIP information they were using from their packets. The Commission discussed different hand -outs they had received, draft or final, depending when they had picked up their packets or what had been emailed to them. Chmn. Dodd called a recess at approx. 9:00 pm. The meeting was called back to order at 9:07 pm. All members were present. Mr. Minner apologized for the confusion with the packet information and continued with his presentation using Page 2 of the CIP packet, which all members had, for further explanation and discussion of the proposed programs. Mr. Hepler had questions on where the Local Gas and Sales Tax comes from, specifically if the tax from the gas stations in Sebastian stays local. Mr. Killgore explained that tax from all the gas stations in Indian River County are sent to the state, who then returns a percentage of the funds based on the number of distributors in the county. Mr. Minner continued with discussions regarding the Enterprise Fund projects (Cemetery, Golf Course, and Airport), stormwater projects, recreational, and CRA projects. 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4, 2011 Mr. Roth had a question on the Go -Line bus contribution and Mr. Reyes asked about grants and a staff position for grant writing. Mr. Minner discussed the grants that the City had already received, noting that existing staff has been diligent in searching and applying for grant monies, and because of the economy, are drying up fast. There was a short discussion regarding sewer grants and the changes to Sebastian that would need to happen coming from a septic sanitary system. Mr. Hepler voiced his dissatisfaction with the information given to them, specifically where the figures came from and how they were backed up. He felt some of the figures were high and hadn't gone to bid, i.e. $75,000 for painting city hall buildings and new police vehicles. He stated the street paving information did not have specific roads identified and that info in the power point presentation was not given to the Commissioners. Mr. Minner clarified that there was no new street paving proposed for the next budget year and that the CIP was a general 5 -year plan with the more specific details to be reviewed at initial stages. Mr. Dodd verified that the CIP was not an authorization to expend funds but a framework for the funds. Mr. Hepler also asked questions regarding the quarter -round project and if monies collected from the parking -in -lieu program were accounted for the in the CIP. MOTION by Dodd /Durr to recommend to City Council to approve the Capital Improvement Budget FY 2012 to FY 2017. Mr. Minner answered the quarter -round questions and stated the parking -in -lieu funds are being held in a special revenue account until the amount is increased to use for a project over $50,000. ROLL CALL: Mr. Reyes yes Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Hepler yes Mr. Carter yes Mr. Qizilbash yes The vote was 7 -0. Motion passed. CHAIRMAN MATTERS: Mr. Dodd questioned the amount of flags being used at the used car lot on US #1 across from the park. Staff explained flags are exempt as long as they are used for non- commercial purposes. He stated he wished these flags had also been reviewed with the new sign ordinance. MEMBERS MATTERS: Mr. Carter stated he had attended an event at the new Fisherman's Landing and he was very impressed with the project and especially enjoyed the observation tower. DIRECTOR MATTERS: None ATTORNEY MATTERS: None Chairman Dodd adjourned the meeting at 10:06 p.m. (8/8/11 db) 6 CITY OF SEBASTIAN ZONING DISTRICT REGULATIONS § 54-2-5.14 I a , �� U U P = Permitted Use a. C = Conditional Use a ✓ ,ye. : 'g41 a s v 31x a 0 s v a 0 J a * v 0 a a 0 a a a v 0 a o O 6 a a 1/1(U 0 a U C N 19 a a a U a v O U 0 U a a x 00 CO aaa a 0 U as * ;000 0 0 x x O 0 c6 a a 0 0 a s 0 U P4 O o 0 U U Cl) 0 0 0 O 0 a a U U U 0.1 Pi 4 V 0 U U 0 a U .: .: -o -o o so o m N VI n o a s so o .0 4, a 3 a. +, U re ai b 0 a) " b 41 W Cf) Z I d 0 a a a> m a 4r a� o W 4, ^d tea) ci o o 8 t' a w $ue. e a o cd 4 tO i UZ A › <4 4, 'C W ,-U C.3'' `M Q,' 4 ; 0U U U U] W W Q x Z LDC5:47 § 54-2-5.14 SEBASTIAN LAND DEVELOPMENT CODE 4 0I00 U 34 U U a 0 1 i i 1 1 I I 1 1 I I U 0 U P a*IN acv 10 lir, 10 111110 1 1 1 G. 'Pe 3.I01 ,GI 01 I I 1 1K UU 0 0 aQUa aaU v v v u De.as C0 c.) U0 a 'X as U 0 Ili C) c) a. C.)• a a a 00 0 00 0 a 0 0 a v; aaa 0 0 d a 0 P-1 C.) P-4 a a a 0 0 U � 0 a a a U O U lU U C.) U CO CO U U U U U U 0 0 c6 U U U 0 Uj U 0 0 C U U U C.) ' C.) CI C4 C4 0 0 N V U U 0 N U O U U a 0 0 .-. o bq a ^. v cd • c,s .i a m ° a o b ,• a o •- a) '. o °' C a uai m m ci) pa h c�a h o �" o �' 0 0 00 o0 00 a ° ti � '& N 00000 ti C) a i~ cd °� 'd 4+ $ q ,o 8 api aci ►t7 iPJ o o2 N U a q m U o ,� q , w to , vi ^AA VI �A VI -o. a „ 3 1 y " '� ?� 0 al q a o .G cti ni e, ti k s� el t? a) to ,p Cl1 •. d Cd ^ +. O 0 N ^C '�N J. 0 ,4, cp a0i a4i 0, a0i ai a0i o .c mart c) 0 ° Qbg ogbz g 1 . 011 , LI UUv ¢ > aar :-� U ¢ ¢ ¢ WWPlPaPa .5, Pa •oUUPUUUUU LDC5:48 • ZONING DISTRICT REGULATIONS § 54-2-5.14 P e I I I 1 I I 1 1 1 1 I 1 04 , T ? o r ([1. 1 1`�I 1 10 1 P4 1 1 1 44. PL4 1P4 04 1 /1:14 144 I pt a Q va C.) a at- t.) P4 Ca C.) aaa a () a ° agc 0 J U00 OCa a +Ja as C.) as C) K a a C.) 0 N 4 to t`, a a s c� a U co 1 O O 0.i O • w C) o `� 1f3 • tII dl 0,1 y '8 r -a tecd oW tl ° b-0 ° r. d -0 d ' � t bA b N b 0 El w 0 i C a a a A v_1:4 v_C3 vz ?- d. g LDC5:49 • § 54-2-5.14 �,,SEBASTIAN LAND DEVELOPMENT CODE t xx XX 1 CZ ;LI CD o A a a a'et s'm �'V d k ►n 0 14 ►n LO ' °�L m M CV OD CV m o a d ua .0 O ►ca .0 o 0 'U v 'O U o O v∎ , .cam 1 d o ir, ^ o * o ''' CS C.:.U U a U U O .N N C) W t- 4' M GV ..-C7 CV CV N ri N k U N CO op 0p N O . m d S N ., c� d� `d� co U 0 G r HU �� CA Iri "45. --N d - ° ° ° ° O . o 0 0 VD C.) a Ii O ` �' p c°v Q� 0 t CV W w b ' U r...) a0i b cn 1 ^8 e o lw b -d 1 a w Cn .5 JD 2 b �. N cad v O a , 0 '0 i'3 .0 -1 7',.q E) 1 2 i ^t7 IflH aa pi b b 744 0 Cl p D U -� U U a UUt� g • LDC5:50 • LANGUAGE AND DEFINITIONS § 54-5-22.3 throughout the zoning regulations. All land use activities are classified into the following activity types.This section shall not be considered an all inclusive list of all permitted and/or conditional uses contained within the land development regulations. (a) Residential activities: (1) Single-family dwellings. (2) Duplex dwellings. (3) Multifamily dwellings. (4) Mobile homes. (5) Foster care/group homes. (6) Accessory residential activities. (b) Community facilities: (1) Administrative services.Activities typically performed by not-for-profit private or public social services and utility administrative offices. (2) Airport facilities. Activities which are customarily incidental to airport opera- tions and maintenance including airport terminal;heliport; fixed base operators; airport hangars;runways,taxiways,ramps and aprons for the landing,takeoff;or surface maneuvering of aircraft; and communicative and visual guidance sys- tems. (3) Cemetery Property used for the interring of the dead. (4) Child care services.A facility which includes any duly licensed child care center of child care arrangement that provides child care for more than five children unrelated to the operator and which receives payment,fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.The provisions of this act shall not apply to a child care facility which is an integral part of a church when such child care is only associated with child care provided during services and other church activities or parochial schools conduct- ing regular classes or courses of study. (5) Churches. An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held. (6) Clubs, and lodges. Not-for-profit activities typically operated by a government or by a group of persons for social or recreational purposes and primarily including services which are not customarily carried on as a business for profit. For the purposes of this code, clubs and lodges shall include community centers. LDC22:35 § 54-5-22.3 SEBASTIAN LAND DEVELOPMENT CODE (7) Cultural and civic activities.Activities typically performed by public or private not-for-profit private entities for the promotion of a common cultural or civic objective such as historical, literary, scientific, musical, dramatic, artistic or similar objectives. (8) Foster care/group home facility. A residential facility which provides a family living environment including supervision and care necessary to meet the physi- cal, emotional, and social needs of its residents. (9) Golf course and support facilities.Large unobstructed acreage with enough room over which to walk or ride a prescribed course, and to stroke one ball long distances. Commercial miniature golf courses and independent driving ranges and similar facilities are excluded from this activity as defined. (10) Hospitals and intensive care facilities. Institutions providing health services, primarily for in-patients, and medical or surgical care; including, as an integral part of the institution,related facilities,central service facilities,and staff offices. (11) Nursing homes. Activities customarily performed by a home for the elderly or infirmed in which three or more persons not of the immediate family are received, kept or provided with food,shelter and care for compensation.This activity shall include rest homes, convalescent homes and extended care facilities. (12) Parks and recreation, public. Public parks and recreation land and facilities developed for use by the general public. a. Active parks and recreation. Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places,sites or fields.This may include but is not limited to swimming,tennis,and other court games,baseball and other field sports, and playground activities. b. Passive parks and recreation. Leisure time activities not considered active. This may include water-related activities such as boardwalks and interpre- tive trails, fishing piers as well as boating. Passive recreation may also include non-water related activities such as hiking, golfing, observation towers, and picnicking. (13) Protective and emergency services.Fire,law enforcement and emergency medical related facilities planned and operated for the general welfare of the public. (14) Schools. A private or public or not for profit institution conducting regular academic instruction at kindergarten,elementary,and secondary levels,operated by a governmental or non-governmental organization, which is licensed by the State of Florida. (15) Utilities,public and private.Use of land which is customary and necessary to the maintenance and operation of essential public services, such as electricity and gas transmission systems;water distribution, collection and disposal; communi- cation; and similar services and facilities. LDC22:36 LANGUAGE AND DEFINITIONS § 54-5-22.3 (c) Commercial activities: (1) Adult entertainment establishments. Any of the following described businesses: Adult arcade,adult bookstore,adult dancing establishment,adult motion picture booth, adult mini-motion picture theater or drive-in, adult motel/hotel, adult personal service business and adult theater. (2) Bars and lounges. A commercial establishment selling and dispensing, for the drinking on the premises, of liquor,malt,wine or other alcoholic beverages.This shall not include the sale of alcoholic beverages accessory to and within a restaurant use duly licensed by the state as a restaurant. (3) Bed and breakfast.An owner-occupied dwelling unit where guest room lodging, with or without meals, is provided for compensation. (4) Boat sales and rentals.A commercial establishment where boat sales and rentals may occur together with servicing and sales of marine supplies but excluding boat or ship building. (5) Business and professional offices. Government offices and private for-profit offices extending advice, information or consultation of a professional nature. Offices exclude commercial storage of goods and possessions for the purpose of • sale or resale as a principal use. (6) Commercial use. All nonresidential, noninstitutional and industrial establish- ments, but not limited to and without regard to whether they are profit or nonprofit organizations or retail and/or wholesale establishments; including motels, hotels, stores, office buildings, restaurants, service stations, garages, laundries, cleaning establishments, for hire services and all other business required to obtain occupational licenses. (7) Commercial amusements.Establishments engaged primarily in providing amuse- ment or entertainment for a fee or admission charge. (8) Farmers market. Sale of agricultural produce within an enclosed building. (9) Fish markets and packing facilities. Commercial establishments for the receiv- ing, processing, packaging, storage, wholesale or retail distribution and sale of products of the sea. Such an establishment may include facilities of the docking, loading, unloading, fueling, icing and provision of vessels and for the drying, maintenance, and storage of equipment. (10) Flea market. Those uses which involve the setting up of two or more booths, tables, platforms, racks or similar display areas for the purpose of selling or buying merchandise, goods, materials, products or other items offered for sale inside an enclosed building. A "flea market" as defined herein shall not be intended to include a "garage sale," "bake sale," fruit or produce stands, or art festivals or any similar activities. LDC22:37 • § 54-5-22.3 SEBASTIAN LAND DEVELOPMENT CODE (11) Funeral homes.A premises,structure or site uses as a commercial establishment for the preparation of deceased humans for burial and/or for the conduction of funeral services prior to burial or other disposition of deceased human remains. (13) Gasoline sales.Any structure,building or land used for retail sales and dispens- ing of motor vehicle fuels or oils,whether self-service or not.A service station may furnish supplies,equipment and minor repair services,including tires to vehicles incidental to selling and dispensing of motor vehicle fuels and oils. (14) Hotels/motels. A building with dwelling units for accommodation of transient guests or tenants. (15) Kennels. Facilities for the boarding of domestic dogs and cats and veterinary medical operations. (16) Manufacturing facilities. To fabricate, assemble or concoct, from raw materials, goods that are intended for sale and distribution. (17) Marinas. A commercial establishment providing for the docking, storage, and servicing of watercraft, including dispensing of motor fuel. (18) Medical services. The provision of therapeutic, preventive, curative or other corrective personal treatment services by physicians,dentists and other licensed medical practitioners, as well as the provision of medical testing and analysis services. These services are provided to patients who are admitted for examina- tion and treatment by a physician and with no overnight lodging. (19) Mini-storage. A building or group of buildings in a controlled access compound that contains equal or varying size of individual compartmentalized, and con- trolled access stalls or lockers for the dead storage of customers' goods or wares. (20) Model home.A house constructed by a builder,which represents a design or type and serves as an example to be emulated or imitated. (21) Off-street parking.An area not within a building,service area or other structure where motor vehicles may be stored for the purpose of temporary, daily parking. This definition shall include a motor vehicle display lot, or display of boats, trailers and mobile homes. (22) Parking garages. Governmental or private commercial buildings or structures solely for the off-street parking of operative motor vehicles. (23) Pawn shops. An establishment in which goods or property are bartered in exchange for loans or cash.Additionally, said goods or property may be sold at retail from such establishments. (24) Plant nursery.Any land used to raise trees, shrubs, flowers and other plants for sale or for transplanting. (25) Restaurants, excluding drive-through facilities and fast food services. Any establishment (which is not a drive-through service establishment) where the principal business is the sale of food, desserts and beverages to the customer in LDC22:38 LANGUAGE AND DEFINITIONS § 54-5-22.3 a ready-to-consume state and receives more than 50% of its gross revenues from food sales, determined on a monthly basis. This includes service within the building as well as "take out or delivery service. (26) Restaurants, drive-through facilities and fast food services.Any establishment where the principal business is the sale of foods,desserts and beverages generally contained in a ready-to-consume state and the service and/or consumption of foods, desserts, or beverages. (27) Time share facility. Any interest in a dwelling unit under which the exclusive right of use,ownership,possession,or occupancy of the unit circulates among the various owners of time share estates in such unity in accordance with a fixed time schedule on a periodically recurring basis for a period of time established by such schedule. (28) Trades and skilled services. Any such operation providing services requiring skilled labor or craftsmanship. (29) Vehicular sales.The sale or rental of motor vehicles and related equipment,with incidental accessory service activities. (30) Vehicular service and maintenance. Establishments for the dispensing of motor fuels and related products at retail and having pumps, underground storage tanks and other facilities for such activity and which may include the retail sale of minor automobile parts and accessories such as tires, batteries, spark plugs, fan belts,shock absorbers, mirrors,floor mats, cleaning and polishing materials and similar items, and which may include the inspection, servicing or minor repair of motor vehicles. These services shall not include body repair and painting, frame straightening, or tire recapping or vulcanizing. (31) Veterinary medical services.The provision of animal medical care and treatment by a Florida licensed veterinarian. (32) Wholesale trades and services. The display, limited storage and sale of goods to other firms for resale. IIW (d) Industrial activities. The following compatible land uses shall be considered industrial activities: (1) Warehousing, storage and wholesaling within enclosed buildings. (2) Mechanical repair and service, including but not limited to, machine shops and vehicular repair, service and maintenance. (3) Light manufacturing including skilled trades and services, light processing of woods, synthetics, and metal fabrication, assembly and distribution functions, electronics, research and development, and similar uses. (4) Building materials supply and storage, and contractor's storage. (5) Accessory uses to those described above. (6) Outside storage. LDC22:39 ZONING DISTRICT REGULATIONS § 5- -5.6 (2) : on-site sales activity shall be limited to original developer sales; (3) The s: activity shall be conducted inside the sales office and m 9 s units so as not to be not -able from the outside, except for permitted graphics. (4) On-site sales : tivities shall be terminated upon completio -if original sales; and (5) A minimum of one rking space for each two proposed its shall be provided on site for the sales staff ,d potential purchasers' use wring the (marketing) sales promotional and constru :on phases. (f} Conversions to time-share units: o developme nvolving the conversion of an existing dwelling unit to a time-share unit ma, take p 'e unless the applicant attaches to his application for zoning or site plan approval - r: (1) A copy of any information require. •y th•state, including as may be appropriate, a condominium declaration, sales, ospectus, •d/or other documents required by the state in regulating the use. S material shall i lude a statement in prominent type declaring that time-share 'its will or may be crea' with respect to units proposed; and/or (2) An amendment to prior existing condominium declaratio that,permits time-share estates to be cr= ted, which amendment has been executed 13, -ach record owner of each unit of e condominium and each record owner of each lien each unit of the condomi (g) Other r quired information. Applicants for a time-share use shall file with 'e city all public doe,. 'ents required by the state in regulating such use. The purpose of this -quire- ment is provide assurance that the applicant has been found in compliance with all requ -'te stat- regulations governing the use, including method of sales,operations,and other issues o public health, safety and welfare. Sec. 54-2-5.6. Industrial District (IN). (a) Intent. The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on land designated IN on the future land use map. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter iii, as well as other applicable land development regulations.Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian. Such activities are more appropriately located near major regional transportation facilities. (b) Permitted uses: Utilities, public and private Commercial retail with <_ 5,000 sq. ft. Business and professional offices with or Commercial amusements, enclosed without drive-through facilities Gasoline sales Storage facilities LDC5:21 § 54-2-5.6 SEBASTIAN LAND DEVELOPMENT CODE Plant nurseries Clubs and lodges, public and private Restaurants with or without drive-through. Administrative services, public and pri- facilities vate Trades and skilled services Vehicular sales and related services Wholesale trades and services Accessory watchman facilities Veterinary services Medical services Industrial activities Vehicular services and maintenance Parking garages Accessory uses to permitted uses �/r (c) Conditional uses: 'J` Commercial retail with > 5,000 sq. ft. Commercial amusements, unenclosed. Hotels and motels Adult entertainment establishment Protective and emergency services,public Flea markets Parks and recreation, public Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum FAR: 50% (2) Maximum height: 35 feet. No structure shall be erected within the approach zones of active runways on the Sebastian Municipal Airport at a height in excess of those permitted by the FAA or the city council.All structures shall comply with the City of Sebastian Airport Master Plan. (3) Lot coverage: Maximum building coverage: 50% Minimum open space: 20% Maximum impervious surface: 80% (4) Lot dimensions: Minimum lot size: 15,000 square feet Minimum width: 100 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard: 20 feet Side interior yard: None Rear yard: 10 feet. No building or structure in an IN District shall be located closer than 30 feet to a residential district. LDC5:22 ZONING DISTRICT REGULATIONS § 54-2-5.7 (e) Processing and storage within the Industrial District: In the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within 200 feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircraft. Sec. 54-2-5.7. Airport and Industrial Facilities District (AI). (a) In.•nt. The intent of the AI District is to provide a management framewor. or implement , comprehensive plan objectives and policies for airport facilities and sup. •rtive light industri. activities and related development within lands designated IN on t' : future land use map. addition, the district shall implement the policies of the City •' Sebastian Airport Master.PI •. Performance criteria within the land development cod• -quires that land use and develo• ••ent within and adjacent to the Sebastian Airport aid encroaching upon the airport hazara zone. Furthermore, land uses proposed within oise impact areas defined in the FAA noise ,ntrol regulations shall comply with FAA : ;:elines for managing noise impacts through Ian• se regulation. The airport district r•': lations establish the permitted uses and applicable r.-trictions within the air operation- . ea.The Federal Aviation Administration (FAA)regulations :hall govern the land use, sp-cifications, and placement of structures within the airport operate s area.All developme in the AI District shall comply with the comprehensive plan, perform. ce criteria in ch: .ter III, section 54-2-7.12, Airport height limitations,article XVIII,Site Plan 'eview Proce• res,as well as other applicable land development regulations. (b) Uses permitted: Airports and related uses craft manufacturing Fixed base operators Sale of aircraft parts and supplies Aircraft repair and service Aircra • odification Aeronautical schools Airport ma a tenance Aircraft storage hangars Airport admin tration Terminal facilities Air freight terminals Airport security a a emergency services Flying clubs Aircraft component ufacturing when flight-testing is in •ived Airline operatio Sale or rents f aircraft Light industries that man . ture,assem- ble, process, package, s,•re or dis- Air taxi charter tribute products that are • ••endent Aerial rvey on component parts or raw m: erials manufactured elsewhere when run- 7 waAe ' advertising y is required LDC5:23 § 54-2-5.7 SEBASTIAN LAND DEVELOPMENT CODE (c) •itional uses: Hotels an motels Skydiving services Restaurants, cluding drive-through fa- cilities The following conditi al uses are permitted when combined with a • itted use: Car rental Parks and recre: on, public Fuel storage � Protective and emergency services,',ublic Utilities, p I lic and private (d) Dimensional regulations: (1) Maximum FAR: 50% (2) Maximum height: 35 feet. (3) Lot coverage: Maximum building coverage: 50% ' imum open space: 20% Maximum impervious surface: :0% (4) Lot dimensions: Minimum lot size: 15,0,0+ square feet Minimum width: 1• feet Minimum dept 25 feet (5) Minimum 5: .acks: Front ya 20 feet Side , d: None R°.r yard: 10 feet. No building or structure in an AI District shall be located closer than 30 feet to a residential district. (f) Airport height limitations. Reference section 54-2-7.12. Sec. 54-2.5.8. Public Service District (PS). (a) Intent. The PS District is established to implement comprehensive plan policies for managing land designated for institutional development. All development in the PS District shall comply with the comprehensive plan, performance criteria in chapter III, section 54-2-7.12, Airport height limitations, article XVIII, Site Plan Review Procedures, as well as other applicable land development regulations. LDC5:24 ZONING DISTRICT REGULATIONS § 54-2-5.9 (b) Permitted uses: Parks and recreation areas, public Accessory uses to permitted use 1Li(c) Conditional uses: Schools Utilities, public and private Golf course and support facilities Cultural or civic activities Churches Child care services Parks and public recreation areas equipped Clubs and lodges, public and private with stadium type lighting Administrative services, public and pri- Protective and emergency services,public vate Hospitals and intensive care facilities Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum FAR: 60% (2) Maximum height: 35 feet (25 feet east of Indian River Drive) (3) Lot coverage: Maximum building coverage: 40% Minimum open space: 45% Maximum impervious surface 60% (4) Lot dimensions: Minimum lot size: 15,000 square feet Minimum width: 100 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard: 30 feet Side yard: 10 feet Rear yard: 25 feet No building or structure in a PS District shall be located closer than 30 feet to a residential district. Sec. 54-2-5.9. Table of land use by districts. Table 54-2-5.9, Land Use by Districts, stipulates the permitted and conditional uses by district. Permitted uses are uses allowed by right, provided all applicable regulations within the land development code are satisfied, as well as all other applicable laws and administra- LDC5:25