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Home My WebLink About11172011LPA AgendaCITY 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, NOVEMBER 17, 2011 Immediately following the PZ Commission meeting 1. CALL TO ORDER: 2. ROLL CALL: 3. OLD BUSINESS: 4. NEW BUSINESS: A. Public Hearing - Review and Make Recommendation to City Council Regarding an Ordinance which Proposes to Amend the Land Development Code, Article V- Zoning District Regulations, Regarding Various Permitted and Conditional Uses, as well as Article VI, Conditional Use Criteria 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. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 • FAX (772) 388 -8248 www.cityofsebastian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Packet Information for Public Hearing for Proposed Changes to LDC Article V re: Permitted and Conditional Uses, and Article VI re: Conditional Use Criteria DATE: November 14, 2011 Enclosed are the applicable pages from Article V, including the District Matrix (chart), regarding your recommended changes to the permitted and conditional uses for the commercial zoning districts, along with Industrial and Public Service. The format used indicates deletions via strike -outs, and additions via underlining. We also included a clean version of the District Matrix for your review. While working on formatting these changes, staff compiled a list of previously permitted uses that will now need conditional use criteria to be created: • Multiple - family dwellings in CL • Multiple - family dwellings in CR [same criteria or different ?] [above a business only ?] • Trade & skilled services in CR • Wet/dry storage of boats in CR • Foster care /group homes with < 6 residents in CR • Business & professional offices, excluding drive - through facilities in CWR • Marine power sales and service in CWR • Pawn Shops in C -512 [existing conditional use criteria would essentially prohibit all pawn shops] In order to portray the intent of the Commission, staff needs further direction to compile appropriate conditions which will steer the development of the districts per your vision. At this time, staff recommends a thorough discussion to establish the new criteria, and in that regard, staff suggests that the public hearing be tabled to a date certain in January to allow staff to draft these conditions in Ordinance format. Dorri Bosworth, Planne Community Developme Department Sec. 54- 2- 5.3.1. - Commercial -512 District (C -512). (a) Intent. The C -512 District is established to implement comprehensive plan policies for managing land designated for commercial development along segments of C.R. 512. (1) Traffic impacts along C.R. 512 corridor. The purpose and intent of the C -512 District is to provide a well - planned and equitable growth management policy for directing future development within the C -512 District boundaries. The existing pattern of development without such regulation violates accepted principles and practices of traffic engineering, county road policies and standards, and adversely impacts the safety, welfare, and convenience of the motoring public. This statement acknowledges the fact that C.R. 512 is identified as an arterial highway on the major thoroughfare plans of both the City of Sebastian and Indian River County. Both acknowledge that C.R. 512 is a major regional transportation facility linking U.S. 1 and 1 -95, and also linking the cities of Sebastian and Fellsmere with Indian River County, and the City of Vero Beach urban areas to the south. (2) Plan for off - street parking and controlled curb cuts. The purpose and intent of the C -512 District is also to restrict the location of curb cuts within the district, require compliance with a master plan for parking and curb cut control, and regulate the timing and intensity of land development in order to alleviate potential traffic congestion along the C.R. 512 corridor. Although presently land within this district is relatively undeveloped, if the regulations prescribed herein were not duly adopted, future development within this district would generate unsafe and dangerous conflicts in traffic flow along C.R. 512. (b) Uses permitted: Cultural or civic facilities Churches Administrative services, public and private Clubs and lodges, public and private Business and professional offices, excluding drive - through facilities Medical services Commercial retail _< 5,000 sq. ft. Home occupations Plant nurseries Commercial amusements, enclosed Restaurants, excluding drive - through facilities Trade and skilled services Residential uses accessory to permitted uses 1 Accessory uses to permitted uses (c) Conditional uses: Child care services Nursing homes Protective and emergency services, public Utilities, public and private Parks and recreation, public Gasoline sales, retail Veterinary services Commercial retail with > 5,000 sq. ft. Pawn shops Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum FAR: 50% (2) Maximum height: 35 feet. (3) Lot coverage: Maximum building coverage: 35% Maximum impervious surface: 80% Minimum open space: 20% (4) Lot dimensions: Minimum lot size: 20,000 square feet. Minimum width: 125 feet. Minimum depth: 160 feet. (5) Minimum setbacks: Front yard: If abutting CR 512: 74 feet; Otherwise, all other front yards: 10 feet. Side yard: None if the building is built to the side property line(s); otherwise a minimum of 10 feet. 2 Rear yard: 10 feet. (6) Rear yard landscape requirements: a rear yard buffer strip shall be required pursuant to section 54 -3 -14.16 in order to provide satisfactory screening of the district from abutting residentially zoned property. (e) Unified control of land. All development proposals having a C -512 designation must demonstrate that all land within the project is held under common ownership whether an individual, a partnership or corporation, submits the proposal. (f) Mandatory Compliance with Master Parking and Curb Cut Control Plan (MPCCCP). The MPCCCP is hereby adopted by reference and shall apply to all developments within the C -512 District. The MPCCCP is on file in the planning and growth management department. (g) Expansion of uses to adjacent lot(s). An existing permitted land use within the C -512 District may be expanded to an adjacent lot or lots of less than 80 feet width providing the following conditions are met and the planning and zoning commission approves the site plan for the expansion: (1) The subject lot or lots shall be under unified control with the adjoining subject developed properties pursuant to section 54- 2- 5.3.1(e); (2) All such extensions must be constructed as a contiguous extension to an existing structure on the adjoining lot; and (3) The proposed development shall comply with all codes and ordinances of the City of Sebastian and reasonable conditions affixed to the site plan by the planning and zoning commission and /or the city council. (h) Compatibility of building lines. No structure within the C -512 District shall be set back more than 84 feet from the front property line in order to ensure a uniform pattern of development along the CR 512 corridor. Sec. 54- 2- 5.3.2. - Commercial Limited District (CL). (a) Intent. The CL District is established to implement comprehensive plan policies for managing land designated for limited commercial development. Areas designated for limited commercial development shall not accommodate large -scale retail sales and trade activities generally serving regional markets. Such stores usually differ from limited commercial shops since the former generally require a larger floor area, carry a relatively larger inventory, and require a substantially greater off- street parking area. Uses which are not accommodated within the limited commercial area include the following: large scale discount stores or supermarkets; department stores; wholesale and warehousing activities; sales, service or repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; automotive services centers; and fast food establishments with drive -in or drive - through facilities. (b) Permitted uses: Business and professional offices, excluding drive - through facilities Cultural or civic facilities 3 Medical services Commercial retail s 5,000 sq. ft. Home occupations Parking garages Churches Administrative services, public and private Clubs and lodges, public and private Accessory uses to permitted uses (c) Conditional uses: Child care services Nursing homes Multiple - family dwellings Commercial retail > 5,000 sq. ft. Gasoline sales, retail Parks and recreation areas, public Utilities, public and private Protective and emergency services, public Business and professional offices with drive - through facilities Qualified affordable housing Restaurants, excluding drive - through facilities Veterinary services Funeral homes Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum FAR: 60% (2) Maximum height: 35 feet (3) Lot coverage: Maximum building coverage: 30% Maximum impervious surface: 80% Minimum open space: 20% (4) Lot dimensions: Minimum lot size: 10,000 square feet Minimum width: 75 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard: 10 feet Side yard: 5 feet minimum, except 30 feet when abutting a residential district. Rear yard: 10 feet; except 30 feet when abutting a residential district. Sec. 54- 2- 5.3.3. - Commercial General District (CG). (a) Intent: The CG District is established to implement comprehensive plan policies for areas designated "CG" on the comprehensive plan future land use map. (b) Permitted uses: Cultural or civic facilities Churches Parking garages Clubs and lodges, public and private Business and professional offices, excluding drive - through facilities Medical services Commercial retail 20,000 sq. ft. Plant nurseries Gasoline sales, retail Restaurants, excluding drive - through facilities Trade and skilled services Hotels and motels 5 Vehicular sales and related services Administrative services, public and private Accessory uses to permitted uses Home occupations All uses permitted within the RM -8 Zoning District (c) Conditional uses: Bars and lounges Commercial retail > 20,000 sq. ft. Business and professional offices with drive - through facilities Farmer's market Funeral homes Pawn shops Nursing homes Child care services Utilities, public and private Parks and recreation, public Protective and emergency services, public Restaurants with drive - through facilities Vehicular service and maintenance Veterinary services Wholesale trades and services Commercial amusements, enclosed Accessory uses to conditional uses Mini - storage (d) Dimensional regulations: (1) Maximum FAR: 60% (2) Maximum height: 35 feet. (3) Lot coverage: Maximum building coverage: 30% Maximum impervious surface: 80% Minimum open space: 20% (4) Lot dimension: Minimum lot size: 10,000 square feet Minimum width: 75 feet Minimum depth: 125 feet Minimum setbacks: (5) Front yard with sidewalks, curb and gutters: None required. Front yard without sidewalks, curb and gutters: 6 feet Side yard: 5 feet minimum, except 30 feet when abutting a residential district. Rear yard: 10 feet; except 30 feet when abutting a residential district. Sec. 54- 2 -5.4. - Commercial Riverfront (CR). (a) Intent: The purpose and intent of the CR District is to provide a management framework for implementing comprehensive plan objectives and policies for the riverfront mixed use designation illustrated on the future land use map. All development in the Commercial Riverfront District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CR District is intended to preserve the existing character of the riverfront area. The existing assets, including historical structures, shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational and commercial uses while protecting the environment. (b) Permitted uses: Cultural or civic facilities Churches Clubs and lodges, public and private Medical services Gasoline sales, retail Marine power sales and service Hotels and motels 7 Bait and tackle shops Accessory uses to permitted uses Educational institutions, marine related Administrative services, public and private Business and professional offices, excluding drive - through facilities Commercial retail <_ 10,000 sq. ft. Restaurants, excluding drive - through facilities Bars and lounges Home occupations Marine fuel sales Boat sales and rentals Fish markets and packing facilities Yacht club (c) Conditional uses: Churches Utilities, public and private Protective and emergency services, public Commercial retail > 10,000 sq. ft. Barscand- Ieunges Child care services Plant nurseries Funeral homes Accessory uses to conditional uses Parks and recreation, public Multiple - family dwellings Foster care /group home with 6 residents Foster care /group home with > 6 residents Nursing homes Commercial amusements, enclosed Restaurants, with drive - through facilities Farmer's markets Parking lots without buildings on the lot Veterinary services Business and professional offices with drive - through facilities Vehicular service and maintenance Trade and skilled services Wet/dry storage of boats (d) Size and dimension regulations: The following are the minimum size and dimension criteria for Tots within this district. For lots located in the Riverfront Performance Overlay District, the additional requirements of the overlay district shall be complied with: (1) Maximum FAR: 60% (2) Maximum height: 35 feet (25 feet for properties located east of Indian River Drive) (3) Lot coverage: Maximum building coverage: 30% Maximum impervious surface: 80% Minimum open space: 20% (4) Lot dimensions: Minimum lot size: 10,000 square feet Minimum width: 75 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard with sidewalks, curb and gutters: None Front yard without sidewalks, curb and gutters: 6 feet 9 Side yard: 5 feet, except 10 feet when abutting a residential district or use. Rear yard: 10 feet, except 30 feet when abutting a residential district or use. (e) Riverfront design standards. Development shall comply with the design standards for the Riverfront Performance Overlay District, cited in article XXI. Sec. 54- 2 -5.5. - Commercial Waterfront Residential District (CWR). (a) Intent. The purpose and intent of the CWR District is to provide a management framework for implementing comprehensive plan objectives and policies for the Riverfront Mixed Use designation illustrated on the future land use map. All development in the Commercial Waterfront Residential District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CWR District is intended to preserve the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. (b) Permitted uses: guplex-elwellings Timeshare facilities Churcheo Cultural or civic facilities . .. -e eee- Commercial retail s 5,000 sq. ft. Wet or dry storage of boats Boat sales or rental Bait and tackle shops Fish markets /packing facilities Yacht clubo 10 Restaurants excluding drive - through facilities Bars and lounges Trade and skill services, marine - related only Home occupations Accessory uses to permitted uses Accessory uses to residential uses (c) Conditional uses: Model -#yes Educational institutions, marine related Commercial retail > 5,000 sq. ft. Business & professional offices, excluding drive - through facilities Utilities, public and private Foster care /group homes with > 6 resident) Parks and recreation, public Hotels and motels Marine power sales and service Marine fuel sales Nursing-homes Wholesale trades and services, marine - related only Parking Tots without a building on the lot Protective and emergency services, public Bed and breakfast Accessory uses to conditional uses (d) Size and dimension criteria: (2) Maximum FAR: 50% 11 (3) Maximum height: West of Indian River Drive: 35 feet East of Indian River Drive: 25 feet (4) Lot coverage: Maximum building coverage: 30% Maximum impervious surface: 80% Minimum open space: 25% 0 (5) Lot dimensions: Minimum lot size: 10,000 square feet Minimum lot width: 80 feet Minimum lot depth: 125 feet (6) Minimum setbacks: Front yard: Nonresidentialr Wwith sidewalk, curb and gutter: None required NeRresid•e„ tialr.Wwithout sidewalk, curb and gutter: 10 feet Residential: 25 feet Side yard: Nonr°eciden+tial: 5 feet, except 10 feet when abutting a residential district or use. Residential: 15 feet plus one foot per each additional 2 feet in height above 25 feet. Rear yard: Nencesidential10 feet, except 30 feet when abutting a residential district or use. 12 Duplex: 750 square feet per unit; Efc�rrr ieni7ciecc 600 700 850 -1 ,000 (e) Regulation of sales promotional activity: Sales activities for commercial resort residential units shall comply with all of the following criteria: (1) The original sale of the vacation time sharing plans may be conducted on premises in a sales office and in up to a maximum of two model units; (2) The on -site sales activity shall be limited to original developer sales; (3) The sales activity shall be conducted inside the sales office and model units so as not to be noticeable from the outside, except for permitted graphics; (4) On -site sales activities shall be terminated upon completion of original sales; and (5) A minimum of one parking space for each two proposed units shall be provided on site for the sales staff and potential purchasers' use during the (marketing) sales promotional and construction phases. (f) Conversions to time -share units: No development involving the conversion of an existing dwelling unit to a time -share unit may take place unless the applicant attaches to his application for zoning or site plan approval either: (1) A copy of any information required by the state, including as may be appropriate, a condominium declaration, sales prospectus, and /or other documents required by the state in regulating the use. Such material shall include a statement in prominent type declaring that time- share units will or may be created with respect to units proposed; and /or (2) An amendment to a prior existing condominium declaration that permits time -share estates to be created, which amendment has been executed by each record owner of each unit of the condominium and each record owner of each lien on each unit of the condominium. 13 (g) Other required information. Applicants for a time -share use shall file with the city all public documents required by the state in regulating such use. The purpose of this requirement is to provide assurance that the applicant has been found in compliance with all requisite state regulations governing the use, including method of sales, operations, and other issues of 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 Business and professional offices with or without drive - through facilities Gasoline sales Crematory Commercial retail with 5 5,000 sq. ft. Commercial amusements, enclosed Storage facilities Plant nurseries Restaurants with or without drive - through facilities Trades and skilled services, including marine - related Wholesale trades and services, including marine - related Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking Tots without buildings on the lot Clubs and lodges, public and private Schools, public and private 14 Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman facilities Medical services Vehicular services and maintenance Wet/dry storage of boats Accessory uses to permitted uses (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini - storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets 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% Maximum impervious surface: 80% Minimum open space: 20% (4) Lot dimensions: 15 (5) Minimum lot size: 15,000 square feet Minimum width: 100 feet Minimum depth: 125 feet 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. (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. * * * * * * * * * * * * * * * * * * * * * * * * ** 16