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HomeMy WebLinkAbout09232010 PZ Agenda-SpecialC7fY OF HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA PLANNING AND ZONING COMMISSION SPECIAL MEETING THURSDAY, SEPTEMBER 23, 2010 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: August 5, 2010 Regular Minutes August 19, 2010 LPA Minutes 6. OLD BUSINESS: 7. NEW BUSINESS: A. Quasi Judicial Public Hearing Site Plan Modification and Conditional Use Mulligan's 806 Indian River Drive Restaurant with Bar Marina CR (Commercial Riverfront) Zoning District B. Accessory Structure Review Section 54 -2 -7.5 268 Midvale Terrace 940 SF Detached Garage Steven M. Hyde 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 AUGUST 5, 2010 Mr. Dodd called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: ANNOUNCEMENTS: NEW BUSINESS: PRESENT: Mr. Dodd Mr. Hepler Mr. Roth OLD BUSINESS: NONE ALSO PRESENT: APPROVAL OF MINUTES: EXCUSED: Mr. Simmons Mr. Paul UNEXCUSED: Mr. Srinivasan Mr. Cardinale Mr. Durr Mr. Reyes Rebecca Grohall, Growth Management Director Robert Ginsburg, City Attorney Al Minner, City Manager Dorri Bosworth, Zoning Technician Susan Lorusso, Recording Secretary 06 c C.0 0 C•- 0 E a. U Mr. Dodd welcomed Mr. David Reyes to the commission. He noted for the record that Mr. Simmons and Mr. Paul are excused and Mr. Durr and Mr. Reyes will be voting. MOTION by Hepler /Durr to approve the March 25, 2010 LPA Workshop minutes. Motion was approved on voice vote. MOTION by Durr /Hepler to approve the July 1, 2010 LPA meeting minutes. Motion was approved on voice vote. MOTION by Roth /Durr to approve the July 1, 2010 regular meeting minutes. Motion was approved on voice vote. A. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MAJOR MODIFICATION BOYS GIRLS CLUB 1415 FRIENDSHIP LANE 5,640 SF COVERED BASKETBALL COURT r a PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 5, 2010 Mr. Dodd opened the hearing and asked for ex parte communication, none were reported. Mr. Ginsburg swore in everyone that would be speaking and read the notice of hearing. Mr. Todd Howder of MVB Engineering presented the application. Mr. Howder explained that the impervious area is adequate to accommodate the new structure. He added that they have applied for and obtained a permit modification with St. John's Water Management District, which adds another .13 acres to the overall impervious area. A handout detailing a change to the gate system was given to commissioners and staff. Mr. Howder stated that swing gates will not be installed but an opening with an offset portion of chain Zink fencing will be utilized. He added that there will be a continuous 2 Ft. high hedge around the outside perimeter of the basketball court as well as four oak trees to be located on the west side. Mr. Howder also stated that in addition to the 8 Ft. wide walkway for this complex, they will also install a 5 Ft. wide sidewalk extension to that location as well as a sidewalk connection to the south of the court from the existing walkway to the existing parking lot area for the Boys and Girls Club. Ms. Bosworth noted that the applicant does meet their percentage of building coverage and open space area for the 1 -acre lease parcel. She reviewed the parking calculations, which are adequate. Ms. Bosworth asked Mr. Howder how he will address the revised gate system and its affect on the sidewalks shown on the site plan. He answered that they will revise the design so the sidewalk will go around the fence system. Ms. Bosworth concluded with staff's recommendation for approval. Mr. Howder and Ms. Bosworth answered questions from the commission. Mr. Howder added that a roof gutter system will be implemented on the building. No one spoke in favor or opposition. MOTION by Durr /Roth to approve the site plan major modification for 1415 Friendship Lane with the conditions that (1) the landscaping be native vegetation; (2) the open gate system as detailed in the handout will be utilized; and (3) the new sidewalk layout. ROLL CALL: Mr. Durr yes Mr. Cardinale yes Mr. Roth yes Mr. Hepler yes Mr. Dodd yes Mr. Reyes yes The vote was 6 -0. Motion passed unanimously. B. RECOMMENDATION TO CITY COUNCIL REVIEW OF CAPITAL IMPROVEMENT PROGRAM AND CAPITAL OUTLAY ITEMS GREATER THAN $50,000 6 -YEAR SCHEDULE F6 2010/2011 THROUGH 2015/2016 Mr. Dodd opened the hearing. Mr. Minner introduced Ken Killgore, Finance Director to the commission. Mr. Minner gave a PowerPoint presentation detailing the CIP. He reviewed the five sources of revenue, expenses, and fund balances for a six to seven year window. Mr. Minner also mentioned the three enterprise funds, Building Department, Airport and Golf Course. Mr. Hepler asked how the CIP relates to the EAR. Ms. Grohall explained that they all fold into each other especially with the public input obtained for the EAR, CRA, and capital improvements plan at the various public meetings that have taken place. She 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 5, 2010 added that we have not only identified projects but also have shown the funding for the projects. Mr. Minner also discussed road repavement projects for the future. There were discussions regarding cable franchise agreements, the working waterfront project, quarter -round installation, replacement of police vehicles, sidewalks, parks, parking issues, and mass transit projects. Mr. Minner spoke briefly about how the Land Development Code could be updated to address economic development issues, such as off -site parking allowances. Many of the commissioners complimented Mr. Minner on the report and his presentation. MOTION by Roth /Hepler to recommend City Council approve the Capital Improvement Program as submitted for FY 2010/2011 thru 2015/2016. ROLL CALL: Mr. Reyes yes Mr. Cardinale yes Mr. Roth yes Mr. Dodd yes Mr. Hepler yes Mr. Durr yes The vote was 6 -0. Motion passed unanimously. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: NONE DIRECTOR MATTERS: Ms. Grohall welcomed Mr. Reyes to the commission. She announced that recycle bins are available at city hall in the Growth Management Office during regular business hours. ATTORNEY MATTERS: NONE Mr. Dodd adjourned the meeting at 8:54 p.m. (8/10/10 sbl) 3 ANNOUNCEMENTS: NEW BUSINESS: LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) THURSDAY, AUGUST 19, 2010 Mr. 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 Mr. Srinivasan EXCUSED: Mr. Simmons Mr. Paul Mr. Cardinale Mr. Reyes Mr. Durr Mr. Hepler 3 CD th e Et Rebecca Grohall, Growth Management Director N N Jan King, Planning and Growth Management Manager Robert Ginsburg, City Attorney Brandon Schaad, Outlier Planning Dorri Bosworth, Recording Secretary Mr. Paul, Mr. Cardinale and Mr. Simmons are excused and Mr. Durr and Mr. Reyes will be voting. PUBLIC HEARING REVIEW AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING THE ADOPTION OF AN ECONOMIC DEVELOPMENT ELEMENT TO THE COMPREHENSIVE PLAN Mr. Brandon Schaad of Outlier Planning addressed the commission. He explained the purpose of this element is to integrate the economic development planning by the city into the policy framework of the comprehensive plan. He noted that several items are covered in economic development policywise, including target industries and incentives for relocation and expansion, education and training programs, making appropriate commercial and industrial development sites available and ready for development, quality of life factors in the city, attracting green industries, tourist development, development at the airport for potential industrial use, and regulatory assistance to all businesses. Mr. Schaad made himself available to answer any questions. Mr. Roth asked about the business assistance team mentioned in the document. Ms. Grohall responded that the city has an economic development head who works with the city manager and the growth management staff when there are new businesses looking to come into the city. v Also discussed amongst the commissioners were criteria for job creation incentives, tourism, types of industry the city would want to attract, pay scale and housing. There was extensive discussion regarding the threshold of a company's pay scale with relation to obtaining incentives from the city. Most commissioners expressed agreement that it should not be below 75% of the median income. Commissioners also discussed the importance of water sports and sport fishing to our community. No one spoke in favor or opposition. Mr. Dodd closed the hearing. MOTION by Roth /Srinivasan to recommend approval of the Economic Development Element to the Comprehensive Plan to City Council with the following revisions: (1) typographical changes be corrected, (2) remove 1.6.1, which was included and renumber that sequence under tourism, and (3) add emphasis wherever possible focusing on sport fishing, including that as focus of the plan. ROLL CALL: Mr. Durr yes Mr. Dodd yes Mr. Roth yes Mr. Hepler yes Mr. Reyes yes Mr. Srinivasan yes The vote was 6 -0. Motion passed unanimously. PUBLIC HEARING REVIEW AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANACE 0 -10 -05 WHICH PROPOSES TO AMEND THE LAND DEVELOPMENT CODE SECTION 54 -3 -15 OFF STREET PARKING (ARTICLE XV) Ms. Grohall detailed the changes beginning with commercial, industrial, and institutional zoning districts. She said those districts allow for off -site parking on an adjacent property. Previously it was limited to 25 percent of total parking for the business could be off -site and within 300 feet. Ms. Grohall said comparing the county and other city ordinances she found that they allow for 50 percent of the total parking could be off -site and within 500 feet of the business. Ms. Grohall also noted the other substantial change in the waterfront commercial, residential and the commercial riverfront zoning districts. She explained this is the creation of the in lieu of parking trust fund. Ms. Grohall further explained that businesses could participate in the public parking provided by a city, whether a parking lot or on- street parking. In her research of this, Ms. Grohall found that these spaces generally cost between $2,000 and $4,000 per space, with Sebastian's figure coming in at $3,200 per space. Ms. Grohall also explained that a business could make a one -time payment into the system for those parking spaces and receive a waiver in perpetuity for their parking requirements, or arrange for an installment type of program. Mr. Dodd asked for public comment. Mr. Ben Hocker, Sebastian, tallied city parking spaces he found, spoke about job listings he found in Craig's List, the closing of the bait shop on Indian River Drive, and the effect on boaters if parking is taken away from them. Mr. Hepler asked how this would help businesses, especially existing ones as he sees it as an additional cost to open and /or operate a business within the city. Ms. Grohall explained this is creating an option if they do not have sufficient area for their required 2 parking a business can opt for off -site parking or a fee in lieu of. Mr. Durr would like to see the measurement of business to off-site parking location made more specific. Mr. Dodd said he would favor a property line to property line measurement, which Mr. Roth agreed with. Mr. Srinivasan asked the reason for the change from 25 percent to 50 percent off street parking and Ms. Grohall said it was to be more in line with our neighboring communities. She added that the fee in lieu of parking space cap is 30 spaces. Mr. Minner stated that this change is less restrictive, fair to all businesses, the in lieu of fund for exemption, and would ease parking problems in certain districts. He said City Council has instructed him to get a parking survey done to determine how much and for what use is available. Mr. Minner also explained that the in lieu of fund is for the riverfront area only and will not be available for CR 512 businesses. Mr. Dodd expressed concerns that the fee collected should include funds for future acquisitions and maintenance. He also commented that the city should not be put in a position to encourage someone to open a business if the proprietor did not have to funds to carry the business on their own. Commissioners discussed which method to use for the fee in lieu of parking; a one -time up front fee or a monthly fee. Certain aspects discussed by the members were how this relates to all types of businesses and if a monthly fee were utilized, could a time certain lease be established, such as a five -year renewable lease. A question arose about installing parking meters and Mr. Minner said the City of Lakeland instituted that and for a $40,000 expense for a meter maid the return on the parking meters was about $45, 000. Mr. Hepler commented that he was concerned we might lose new business opportunities if the owner sees they will have to possibly pay for parking in addition to the cost of starting a new business. Answering Mr. Dodd's question about US 1 Ms. Grohall stated that the US 1 corridor was put in because the city has been trying to develop that area as its central business district and there are some businesses on US 1 would like to change uses, possibly from a residential structure or office into a small cafe or retail where they would need more parking but is unable to accommodate for it. As there is parking available on the street, Ms. Grohall added that this program would be an option for them. MOTION by Dodd /Roth to recommend city council approve modifications to Section 54- 3 -15.1 of the Land Development Code with the following changes: 1. Article XV Remove Off Street and title it Parking Requirements 2. Sec. 54 -3 -15.1 Applicability, remove "The off- street" and begin sentence with "Parking" 3. Section 54 -3 -15.4 Remove "Modification of off street and on street" and title it, "Parking Requirements by Zoning Classification" 4. Section 54 -3 -15.4 (a) (4) remove "feet from the existing building or use" and replace with "feet separation between property line of business and off-site parking location" 5. Also, consider the in lieu of fund be a monthly fee that is perpetual and is sufficient to cover the cost of construction, land acquisition and maintenance of parking spaces that are required. 3 ROLL CALL: Mr. Durr yes Mr. Hepler no Mr. Roth yes Mr. Reyes yes Mr. Dodd yes Mr. Srinivasan yes The vote was 5 -1. Motion passed. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: NONE DIRECTOR MATTERS: Ms. Grohall reminded everyone that early voting was taking place. CITY MANAGER MATTERS: Mr. Minner clarified questions about the Barber Street project. He stated that the delay is not due to a lack of materials but is delayed due to contractor problems, specifically manpower. Mr. Minner added that FDOT has done everything in their power to keep Sheltra and Sons moving along. Mr. Hepler asked for a clarification of responsibility with regard to the signage around the road project. Mr. Minner said whether it is a construction zone sign or a city zone sign, the construction company meets the standards of the law as far as what is required for their construction zone. Mr. Reyes asked Mr. Minner about the amount of quarter -round installed. Mr. Minner reviewed the mileage and cost figures of this project. ATTORNEY MATTERS: NONE Mr. Dodd adjourned the meeting at 9:22 p.m. 4 (sbl 8/30/2010 3. Project Location HOME OF PELICAN ISLAND Growth Management Department Site Plan Staff Report 1. Project Name: Mulligan's Bar Grille 2. Requested Action: Modification of site plan regarding floor plan, exterior building elevations, and off -site parking. a. Address: 806 Indian River Drive b. Legal: Parcels 1 2 Tying and being in Section 6, Township 31 South, Range 39 East. Full legal description is available in Growth Management file. c. Indian River County Parcel Number: 31- 39 -06- 00000 0070 00005.0 4. Project Owner: Oculina Bank 780 US Highway 1 Vero Beach, FL 32962 Under contract to: George Hart Mulligan's Beach House Bar Grille 300 Colorado Avenue #205 Stuart, FL 34994 (772) 600 -7377 5. Project Architect: Jeffrey Brasseur Brasseur Drobot Architects, P.A. 224 Datura Street, Suite 311 West Palm Beach, FL 33401 (561) 820 -8088 6. Project Surveyor: Masteller, Moler, Reed Taylor, Inc. Professional Land Surveyors and Mappers 1655 27 Street, Suite 2 Vero Beach, FL 32960 (772) 564 -8050 1 7. Project Description a. Narrative of proposed action: A site plan modification has been submitted for 806 Indian River Drive. The last site plan approved in 1996 included a restaurant, marina and second story residence. The modification proposes to change the interior floor plan, the exterior elevations of the building, and to provide additional off-site parking by utilizing the parking -in- lieu -of program b. Current Zoning, Future Land Use and Overlay District: (1) Zoning: CR (Commercial Riverfront) (2) Future Land Use: RMU (Riverfront Mixed Use) (3) Performance Overlay District: Riverfront Overlay District c. Adjacent Properties Zoning Current Land Future Land Use Use North: PS municipal dock INS East: C Indian River C South: PS municipal park INS West: CR commercial plaza RMU d. Site Characteristics (1) Total Acreage: .59 acres (2) Current Land Use(s): vacant formerly restaurant and marina (3) Soil: Immokalee (4) Vegetation: existing landscaping (5) Flood Hazard: Zone AE 9 (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Riverview Park abutting (9) Police /Fire: Indian River Fire 2.6 miles Sebastian Police .7 miles 2 8. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 9. Contents of Site Plan: a. lot configuration: provided b. finished ground floor elevation: 9.5' c. contours and designating number of dwelling units: 1 dwelling unit d. square footage of site: 25,918 SF e. building coverage: Building (includes building, and covered deck) Floor /area ratio 4,905 SF 19% (Maximum 30 6,255 SF 24% (Maximum 60 f. square footage of impervious areas and open area: (from 1996 site plan no changes) Impervious 19,045 SF 72% (80% maximum) open 7,196 SF 28% (20% minimum) g. setbacks: provided in compliance with zoning regulations. 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: to be provided k. building height: 25 3 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 o. details of off street parking and loading areas (including requirements of Article XV): The modified site plan shows the existing parking layout of the site which includes 42 spaces. Parking calculations have been revised by using today's code requirements and existing site conditions. This increases the parking needs of the site to 72 spaces. This will be provided by the existing 42 spaces and an additional 30 spaces from the Parking -In- Lieu -Of Program. p. all off street vehicular surfaces available for maneuvering: provided q. surface materials: provided r. number of employees: not provided s. type of vehicles owned by the establishment: not provided t. If there is a combined off- street parking facility, required agreements: provided u. Location of all pedestrian walks, malls, yards and open spaces: provided v. location, size, character, and height or orientation of all signs: location provided w. location and character of landscaped areas and recreation areas: provided existing x. location, design and character of all public, semi public, or private utilities: provided existing y. location, height and general character of perimeter or ornamental walls, fences, landscaping: provided existing z. surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided existing aa. location of existing easements and right -of -way: provided 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 10. Site location and character of use: provided 11. Appearance site and structures: a. harmonious overall design: provided b. location and screening of mechanical equipment, utility hardware and waste storage areas: provided c. commercial and industrial activities conducted in enclosed buildings: provided d. exterior lighting: provided 12. 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 13. Open space and landscape (including the requirements of Article XIV): a. Name, address and phone number of the owner and designer: N/A existing 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 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 5 i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: Irrigation system is described on the existing landscape plan. j• 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: provided p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: not provided q• Riverfront Overlay District special landscape requirements: site developed prior to Riverfront Overlay District adoption. 14. Required screening of abutting residential and nonresidential uses: N/A 15. Flood prone land and wetland preservation: N/A 16. Surface water management: provided 17: Available potable water: Indian River County Utilities 18: Wastewater service: Indian River County Utilities 19: Soil erosion, sedimentation control and estuary protection: existing seawall 20. Performance Overlay District Requirements: The site was developed in 1996 prior to the adoption of the Riverfront Overlay District. The proposed changes to the exterior elevations provide additional architectural elements 6 encouraged in Riverfront District, such as a widow's watch and decorative lighting fixtures. 21. Additional considerations: The site was developed in 1996 and included a 105 -seat restaurant, a 15 -slip marina, 10 additional transient boat slips, and 1 second story residence. As such, the total parking requirement was 42 spaces. Restaurant: The proposed site plan modification includes a revised floor plan for the restaurant. The older site plan identified a 105 -seat restaurant. At the time of approval, restaurant parking was based on the number of seats at a ratio of 3 seats to 1 parking space, which equaled 35 parking spaces. In 1997 a special use permit was approved by City Council to allow outside seating on the deck, but continued to limit the total seats to 105. As part of the redevelopment of the site, Mulligan's has requested the special use permit (Resolution R- 97 -27) be rescinded by City Council since the land development regulations have been modified since that time and no longer classifies restaurants with outdoor seating as a special use. The request has been scheduled for City Council action at their meeting of September 22, 2010. The proposed site plan utilizes today's parking code which identifies the parking needs for a restaurant as 1.5 spaces for each 100 square feet of gross floor area (excluding food preparation area) including outside customer service area. As such, the square footage of the restaurant (3,456 SF) using the new floor plan will require 52 spaces. Marina: The older site plan identifies a total of 25 boat slips, of which 15 were rental slips at one parking space for every 3 slips (5 spaces provided), and 10 were transient slips for which no parking was to be provided. However, in reality, there are 47 boat slips on the site. The modified site plan now identifies 36 boat slips to be leased, for which they will provide 18 parking spaces at today's ratio of 1 parking space for every 2 slips, with the remainder of 11 slips to be considered as parking for boaters using the restaurant, with no parking spaces to be provided. The net result of the site modification identifying the current conditions and using today's code will require 18 spaces. Second Story Apartment: The interior construction of the second story dwelling unit was never completed. The proposed modification to the site plan provides for the completion of the dwelling unit and provides the required 2 parking spaces. Summary: In summary, the modified parking calculations, using real conditions as well as today's parking requirements, will require 72 parking spaces. These will be provided by the 42 existing spaces on site and 30 spaces which will be purchased through the Parking -In- Lieu -Of Program. The ordinance approving the parking program, as well as the parking agreement with Mulligan's, is scheduled for consideration by City Council on September 22, 2010. 7 Use Number Parking Ratio Spaces Needed Restaurant 3,456 SF 1.5 space /100SF 52 Boat slips (rental) 36 1 space /2 slips 18 Boat slips (restaurant patron use) 11 0 space 0 Apartment 1 2 space /1 unit 2 Total 72 Parking Table 22. Stormwater: Existing The proposed site modifications will not affect the stormwater system. 23. Conclusion: The site plan is consistent with the Comprehensive Plan, and Land Development Code. 24. Recommendation: Staff recommends approval of the site plan modification dated September 3, 2010 for Mulligan's Beach House Bar Grille located at 806 Indian River Drive. PARED BY DATE' 8 Conditional Use: Bars and lounges are a conditional use in the Commercial Riverfront (CR) Zoning District. The conditions are stated in Section 54 -2- 6.4(4) and are outlined below: 1. No site shall be located closer than 100 feet to any residential district, and 450 feet to any church or school. The closest residential district, property line to property line, is approximately 190 feet. There are no churches or schools located within 450 feet, or even in the area. 2. The use shall comply with all applicable state and local codes and ordinances. Local zoning and building codes will be adhered to thru permitting. All required state licenses, i.e. restaurant and alcohol, will be submitted at time the Local Business Tax (Occupational License) is paid. 3. Necessary measures shall be taken to ensure that the operation of the facility will not disturb adjacent property owners and the facility shall comply with the standards for nuisance abatement regarding noise as defined in Section 54- 3- 17.4(e) of the land development code. The bar area is located inside the building. Recommendation: Staff recommends approval of the conditional use permit for the site plan modification dated September 3, 2010 for Mulligan's Beach House Bar Grille located at 806 Indian River Drive. 9 B. Site Information Name: 00016 HAV-1 14 ULLI GAITS lE,ac l Noose &A 4 6i.IL( Address: S00 COL ORAt70 AvE. itZDS 9WART, FL, 3go,`t4 Address: SO(, lov LAP 1Live- vtirtvE Lot: Block: Unit: Subdivision: Indian River County Parcel Iit 42, Phone Number: Zoning Classification: C C Future Land Use: 5AME. Existing Use: TZESTAVEAr14T 1 i4OEPEvI✓ T' Proposed Use: 5AMC Owner (If different from applicant) Name: 00016 HAV-1 14 ULLI GAITS lE,ac l Noose &A 4 6i.IL( Address: S00 COL ORAt70 AvE. itZDS 9WART, FL, 3go,`t4 Name: E -Mail: t h o e r. t z. ,4 0l co n1 Address: Phone Number: FAX Number: E -Mail: Applicant (If not owner, written authorization (notarized) from owner is required) Name: 00016 HAV-1 14 ULLI GAITS lE,ac l Noose &A 4 6i.IL( Address: S00 COL ORAt70 AvE. itZDS 9WART, FL, 3go,`t4 Phone Number: (77z) 60C) 7577 FAX Number: ()QZ) (9C- ?379 E -Mail: t h o e r. t z. ,4 0l co n1 EBA-411 City of Sebastian HoR1F C7fff11GN KLW Development Order Application Title of permit or action requested: 5 PA o D CAT t b o cow) 01 9(4AL USE Pe pM 1T 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): MUt -1-1 &At-CS i3SAC.14 14DO E. 13A7_ Cart Lt, E C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): 145. AtiM ¢E QoP,STloA& A MOP IF( CAM() k coOPIT10,0AL USE, A PPIZOVA FOB d A 14£ 6Aa- EQut D vAb4 (v. DATE RECEIVED: to Permit Application No. RECEIVED B Y 1 )E 5 2010 D. Project Personnel: Agent: Name: 3 Y 1 1 5VA5s1✓0R- PRo(,&T Aect`t ITEc-rS, RA Address 22.4 PATOR.A. 5Te-EET Scirrt 311 WEST* pAt.>r►') gCAc R. 33419( Phone Number: FAX Number: 5 4,1 620 00258 5 4,1 620 vOgq E -Mail: "3"IG-FPrev Q. hr''Asset0 ti a o(ro bc'f. c ©P) Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Name: Address Phone Number: FAX Number: E -Mail: Surveyor: Name: A AST ,t,[. Alt PIML£1t fEEQ t 1F\'/Log., 11..c. 1 Address 1(,955' a, tb sr. ti 2 vEw t3r c6.t PL. 329(90 Phone Number: 772 5 (4 77Z 6050 FAX Nu )q4 0/94/ E -Mail: 1, OU' AIZ-r BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: V I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS AP "LI ON, AND HA ALL HE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE A CU'_ AN E T• T....:,a•T OF MY KNOWLEDGE AND BELIEF. SIGNATUR NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED -EC. 4 0 AS IDENTIFICATION, THIS z, DAY OF a 1 20 Permit Application No. .Py 4 TISHA L OLSZEWSKI 4. MY COMMISSION EE 001380 EXPIRES' October 11, _r Bonded Public Underwriters 1.P;.,u,.•• 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, V 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 C Irr 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. AIVER AND C NSEN I ES NATUR THIS P Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: °:4 t s TTISHA L OLSZEWSKI MY COMMISSION EE 001380 o, EXPIRES: October 11, 2014 ;pf� Bonded Thru Notary Pubpc Underwriters Permit Application No. BEING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Ct.3•ID DATE Sworn to and subscribed before me by who is personally known tome or produced L— as identification, this 3 day of 20 C. HOME OF PELICAN ISLAND Supplemental Information Site Plan Approval Permit Application No. 1. Site size in acres or square feet: 2. Area of impervious surface in square feet: 12 &72... 9. F. 3. Area of pervious surface in square feet: t3 a 4 to S. F. i 4. Attach the following: a. Six copies 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.) 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. c. A surface -water drainage facilities plan certified by an engineer or architect registered in the State of Florida. d. A land survey with complete legal description prepared and certified by a registered surveyor. e. A traffic impact analysis, if required. f. An erosion /sedimentation control plan. 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. 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. i. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Permit Application No. 5. The following information is required on all site plans: a. Locate on the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. 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. c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. d. Locate on the site plan and describe the character of landscaped areas and/or recreation areas. 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. 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. g. Locate on the site plan existing easements and rights -of -way. MULLIGAN'S SITE PLANS SUBMITTED TO THE PLANNING AND ZONING COMMISSION ARE AVAILABLE FOR PUBLIC REVIEW IN THE GROWTH MANAGEMENT DEPARTMENT, CITY HALL, 1225 MAIN STREET, SEBASTIAN 1. Property Owner: 2. Contractor: 3. Requested Action: 4. Project Location: 5. Current Zoning: 6. Re Findin area SLBTI►N HOME OF PEUCAN ISLAND Growth Management Department Accessory Structure Staff Report Steven Mary Hyde Homeowner Approval of a 940 SF detached garage 268 Midvale Terrace Lots 28 29, Block 380, Sebastian Highlands Unit 11 RS -10 Current Land Use: Single- family Residence Does Comply Does Not Comply A. No accessory structure shall be constructed until the construction of the principal structure has been started. 1. House completed 1 i Pi or V house under construction 2. Accessory structure to be located on same lot as principal structure or located on second lot that has been combined with principal lot by a unity of title t,t,J J Lrj oF TITLE B. No accessory structure shall be located in any required yard (setback): 1. Front yard: No detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Principal structure setback is 30. Accessory structure setback is N IA 2. Front yard on corner lot: Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title with an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS -10 zoning district, and in all other zoning districts shall meet required front yard setbacks. Secondary front yard setback is and proposed accessory structure front yard setback is 1. Property Owner: 2. Contractor: 3. Requested Action: 4. Project Location: 5. Current Zoning: 6. Re Findin area SLBTI►N HOME OF PEUCAN ISLAND Growth Management Department Accessory Structure Staff Report Steven Mary Hyde Homeowner Approval of a 940 SF detached garage 268 Midvale Terrace Lots 28 29, Block 380, Sebastian Highlands Unit 11 RS -10 Current Land Use: Single- family Residence 2 Does Comply Does Not Comply 3. Side yard: Required side setback is i Accessory structure side setback is a4. 4. Rear yard: The required rear y, A detached accessory structure may encroach d rear yard, provided it meets all the following: a. It is a minimum 10 feet from the rear property line. Proposed accessory structure has a ao' setback. b. It is not in an easement. Rear easeme and proposed setback is aO' c. It does not exceed 400 square feet in lot coverage. Proposed accessory structure is TO square d. It does not exceed 12 feet in height, accessory structure is Ig feet in height. Accessory structures which are attaches., or do not met the above four requirements must meet the standard rear setback which is 2.0' Proposed accessory setback is C. No mobile home, travel trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. D. Applicant must expressly designate the type of the accessory structure (i.e. garage, shed, etc.) &-/1 .4G- E. Must comply with all city codes. F. The height of accessory structure cannot exceed height of principal structure. House is approximately ,20' and accessory structure will be (g' G. Attached or detached Quonset -type or style accessory structures are prohibited. V H. A residential lot is allowed 5 square feet of accessory building area (cumulative) for every 100 square feet of lot area, up to a maximum 1000 square feet. Property square footage 20 25 x .05 Allowable sq.ft. of accessory structuresC(0( noo null Existing accessory structures 1; X =910 Proposed accessory structure £40 Total existing and proposed 10 (.0_ SF"" 2 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Review fee has been paid: YES NO Additional Considerations: r}ome a N wit a_ BE' ,R.eMou i,-- s 7? N 4-- s rtL--0 A bt t&( -b Crfh2 ls CbN5r2uereo ,e ttoME owNis•e.. tbt D ao'T" zu b t e /}-7Ls 6r p L-/hv t /3u. r, s D F A-N c t bi-s pm-nrr rot thstettArr o F testZaike4 .srhe Ltas 7 t€ �cX1Sn 4q Lc.cfb% A-pavock,4.02 t/w is 13e T 1V t ec t Prepared by Date 3 tl7 lb& o G (N Cr— TO Does Comply Does Not Comply A. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal looking products. B. The roof of the accessory building must have a minimum pitch of 3:12. C. Accessory structures 501 sq.ft. to 750 sq.ft. in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. D. Accessory structures 751 sq.ft. to 1000 sq.ft. in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways, as follows: 1 shrub for every 3 lineal feet and 24 inches in height at planting. Lineal dimension totals ,q ets% c i I LF 3 Total Shrubs Required 33 ao +csr tD+ 35 4.30 1 21 ge 3 --`t 3 z. 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Review fee has been paid: YES NO Additional Considerations: r}ome a N wit a_ BE' ,R.eMou i,-- s 7? N 4-- s rtL--0 A bt t&( -b Crfh2 ls CbN5r2uereo ,e ttoME owNis•e.. tbt D ao'T" zu b t e /}-7Ls 6r p L-/hv t /3u. r, s D F A-N c t bi-s pm-nrr rot thstettArr o F testZaike4 .srhe Ltas 7 t€ �cX1Sn 4q Lc.cfb% A-pavock,4.02 t/w is 13e T 1V t ec t Prepared by Date 3 tl7 lb& o G (N Cr— TO 24.99' M. 25.00' p, c sq oo� O W r 0 2 z O II o I r u. o� 'a P.& M." Oo S 42 °34'00" E 25.00' Q WATER METER BOX Q O rn Q� 2 N W Q W 12.0' (RADIAL) 50' RIGHT OF WAY) LOT 28 BLOCK 380 32.1' CONCRETE DRIVEWAY 30.8' c 0 N W dg 24.99' M. S 42 °34'00' E 25.00' P. Z Z SKYLINE LANE 6' P.U.& D.E. CONC S 38 22 2 0 E 125.00' 3.3' 17.0' 3.3 LOT 29 BLOCK 380 g W (VACANT) 69.7' 0 0 LEGAL DESCRIPTION: LOTS 28 AND 29, BLOCK 380, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 56 THRU 56L OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE OF MIDVALE TERRACE AS N 47 °26'00" E, AS PER RECORD PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE ANY EXISTING LOT 27 BLOCK 380 N 29.3' i CO W V V o o W U W O m 2.0' 69.7' 53.1' CONC. A/C PUMP PAD 6' P.U.& D.E. 6' P.U.& D.E. 6' P.U.& D.E. 0 6.0' LOT 30 BLOCK 380 12.0' 1 (N 42°34'13' W 125.05' M. RADIAL 21.0' 17.9' I o f ko M W oo �o �l z p ry W zl I LL oI 188' -I EL 0 Zo W '40 -I rn1 N i I UTILITY POLE O J I GUY WIRE CONC. 21.0' 2.0' N CONC. POOL PUMP PAD 1 -07 O 29.3' LAMP 23.3' 6.0' PROPOSED O z W d °o GARAGE o N PROPOSED O 6.0' FINISHED FLOOR U ELEVATION 52.5 N 42 °34'00" W 125.00' e 6.0' WOOD SHED 12.2 12.2' 20.0 20.0' WOOD WOOD ate, l/1 UTILITY POLE GUY WIRE BOUNDARY SURVEY CERTIFIED TO: STEVE M. HYDE and MARY M. HYDE WELLS FARGO BANK, N.A. !ts successors And /or assigns as their interest may appear PROFESSIONAL TITLE OF INDIAN RIVER, INC. COMMONWEALTH LAND TITLE INSURANCE COMPANY LOT 5 BLOCK 380 LOT 4 BLOCK 380 LOT 3 BLOCK 380 LOT 2 BLOCK 380 LEGEND: O- SET 5/8° IRON REBAR WITH PLASTIC CAP STAMPED 'PLS 4896° FOUND 5/8' IRON REBAR WITH PLASTIC CAP STAMPED °PLS 3435" w [ci u z C?)� w a 03 00 o WI WI OL z CIS 0 {F-- 4 LU Lu 0 0 11 II fit 1 18V 4 4 a_ 2 LL 3 a z 3 CEILING CURB .ai111IIIm�._ .4111111111111I111111�.,_ Af111111111■111111111111I1111bh. A1111111111I1111111 /1■111111I1111111�.,- A 11111 1 11111 1 11111 1 1111111111 1 111111 1 1/1/11111 b. mun i.. ii1111111111111�n111 ■11111111111�111m 111 1111111111111111m11111111111111111 111■ 11111111111111111111f111mn111 ■11i6... 11m11111i1111 /IIIm1111111111M1111111�111 111I' i1111I11111I111m11111r11111 ■11 I�111m1111111ni1111111111111111111i11mnimn11111111111111m /Illmnimnni.. 1i111m11111�n1111111m1111111111111111111111111�111111f111m111m11 11111 m 111 111 mnim�.. 35.0/ -382} 04 SIDE ELEVATION (LEFT) SCALE: I/4 I' -0" �35D/ -382} 05 SIDE ELEVATION (RIG -1T) SCALE: 1/4". l'-0" j3�/-3a ....11111111111111111111111111116.. a1111I1111111111111111111111i n11 %IIIm111m1111111111111111111Ih,_ e�111/ 111111111111111111111111111I1111I11111t� ..11�I1I11111I1111111m111/1■ 11111 .11111�111111I1 ismuu.i�.. .4 1i1111111111111111111111111I1111111111111111 11111111111 1150111111111111h., 11111111111111111/ 11111111111111111111111111111111I11111I1111�1111111. �111111111111I111N- 41 i111111I11mn1111I11m111111111m111111111mn1m 111 m 11111101 1 1 11111111111 h. m11m111111111111111mm111I1111111I1 MIII11I11mn1111111m11111111111111111111 .11 II II II I l■.34ID/ -313 4' -10" (2) -2x12 FLITCH BEAM W4" PLYWOOD, TYPICAL. FASTEN W /(2)- HETA STRAPS AT EACH COLUMN S" x 8" CMU COLUMN W /(I) -"5 VERT. BAR, TYPICAL 4' -10" 2,_4" 3' -4" (1 "IL711iiIII UIIIIG MI 01111111110 mm 0x, '_6" O H. GARAGE POO 28' -8" 16' -0" x -6" O.H. GARAGE DOOR GPI 40" APP. bomb II CHID1 ■CG PORCH 8" x 8" GMU COLUMN W /(.0 -"5 vERT. BAR, TYPICAL 20' -0" 30' -0 (2) -2x12 FLITCH BEAM W I" PLYWOOD, TYPICAL. PATIO FASTEN W /(2)- HETA20 STRAPS AT EACH COLUMN 01 FLOOR PLAN SCALE I/4 "•1' -0" 30' -0" 30' -0 10' -0" 117616 STRAP W/ (10) -10d x Ii" NAILS AT WOOD BEAM, TYPICAL 2' -0"