HomeMy WebLinkAbout01152009 PZ AgendacmoF
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HOME OF PELICAN ISLAND
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
AGENDA
PLANNING AND ZONING COMMISSION
THURSDAY, JANUARY 15, 2009
7:00 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES: Regular Meeting of 12/4/2008
6. OLD BUSINESS:
7. NEW BUSINESS:
A. Public Hearing -Recommendation to City Council -Modification to a Special
Use Permit 8s Site Plan - C-512 Car Wash - 921 Sebastian Boulevard -
Removal of Four Feet (4~ of the wall with the remaining wall to be two feet (2~
in height
B. Public Hearing -Waiver of Section 54-4-21.3(b)(2) of the Sebastian Land
Development Code - To allow atwo-foot (2~ high opaque feature for use with
vehicle and service bays in the CR512 Overlay District
8. CHAIRMAN MATTERS:
9. MEMBERS MATTERS:
Election of Chairperson and Vice Chairperson
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.
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
DECEMBER 4, 2008
Chmn. Paul called the meeting to order at 7:00 P.M. PL~t~~~l~~ ~:~=aE~~{~ ~~~~~~'
The pledge of allegiance was said by all. APPr20V~D DAoE _„_„_~,
APPROVf:D SUBJECT TO _______,,,,,,,,,
ROLL CALL:
PRESENT: Mr. Paul Mr. Simmons
Mr. Dodd Mr. Blais
Mr. Hepler Mr. Neuberger
Mr. Buchanan Mr. Cardinale
EXCUSED: Mr. Srinivasan
ALSO PRESENT: Rebecca Grohall, Growth Management Director
Jan King, Growth Management Manager
Robert Ginsburg, Interim City Attorney
Dorri Bosworth, Zoning Technician
ANNOUNCEMENTS:
Chmn. Paul announced that Mr. Srinivasan is excused and Mr. Hepler will be voting.
APPROVAL OF MINUTES: Regular Meeting of 11/06/08
MOTION by Dodd/Cardinale to approve the P&Z meeting minutes of 11/06/08.
Motion was approved unanimously on roll call.
OLD BUSINESS: NONE
NEW BUSINESS:
PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE
AMENDMENT St REZONING (FOR PROPOSED ANNEXATION) -PARCELS
LOCATED SOUTH OF VICKERS ROAD AND WEST OF US HIGHWAY #1,
ADJACENT TO BREEZY VILLAGE MOBILE HOME PARK -REQUEST FOR
IND (INDUSTRIAL) ZONING
Chmn. Paul opened the hearing and asked for staff comments. Ms. King reviewed the
staff report. She explained that the original request was for six parcels however, three
had to be removed from the request as they are not contiguous to our city limits. The
total acreage for the three parcels is 5.9 acres. Ms. King noted an error on page 3 of the
staff report on the adjacent property to the north it is noted as commercial general but in
actually is industrial. Staff recommends approval of their request for an industrial land
use and zoning designation.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF DECEMBER 4, 2008
Mr. Dodd asked about a paved driveway towards the back of the parcel. Ms. King
deferred to the applicant. Geoffrey Barkett of Schulke, Bittle & Stoddard, Vero Beach,
addressed the commission. He said it is an old driveway to the existing mini-storage
and not aright-of-way. There was discussion about what use would be allowed and
done with the industrial designation. Mr: Neuberger visited the site and was concerned
about the condition of vehicles stored on it. Mr. Hepler was concerned about the
residential zone near the site. Mr. Cardinale asked about the Liberty Park subdivision in
relation to this site. Mr. Simmons asked if the zoning request was an all or none issue
for industrial. Ms. Grohall explained that staff recommends industrial for the three
parcels that are contiguous to the existing industrial. Mr. Barkett said all three. Mr. Blais
continued with the question and asked Mr. Ginsburg if the zone designation is for all
three or each one. Mr. Ginsburg said it would be at the commission's discretion.
The following people spoke:
Beverly O'Neil, 9790 61St Place, Breezy Village Mobile Home Subdivision, concerned
about having an industrial zone next to their residential site.
Mr. Simmons asked why the applicant did not just try to rezone within the county. Mr.
John Malik, 2190 47t" Terrace, Vero Beach, property owner, said he had discussed this
with the county two and a half years ago and at the time they were willing to change the
zoning but couldn't because of the commercial node in the general area wasn't used up
enough. They, the county, suggested he approach the City of Sebastian.
Tim Snarey, 9775 61St Way, Breezy Village, wanted an explanation of how a street is
considered to be contiguous. Ms. Grohall said roads are considered contiguous
between parcels.
Mr. Dodd and Mr. Blais were concerned about the possibility of other industrial uses that
could be put on these parcels if annexed. Mr. Buchanan asked if this was not annexed
and rezoned what would the zone be. Ms. King said it is currently multi-family in the
county however, that poses a problem due to its very close proximity to the railroad
tracks. Mr. Hepler asked if a deed restriction or caveat could be placed on the property
so it would only be used as a storage- facility as stated by the property owner. Mr.
Ginsburg said that would be accomplished by a voluntary covenant coming from the
property owner that would restrict his use of the property.
MOTION by Hepler/Simmons to approve staff recommendation subject to an appropriate
covenant running with the land that restricts it to the storage uses described by the
applicant as noted in the staff report.
ROLL CALL: Mr. Blais no Mr. Dodd no
Mr. Paul yes Mr. Cardinale yes
Mr. Simmons yes Mr. Hepler yes
Mr. Buchanan yes
The vote was 5-2. Motion passed.
CHAIRMAN MATTERS:
2
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF DECEMBER 4, 2008
Chmn. Paul welcomed Mr. Blais back on the board and wished everyone a happy
holiday.
MEMBERS MATTERS:
Holiday greetings were expressed.
DIRECTOR MATTERS:
NONE
ATTORNEY MATTERS:
NONE
Chmn. Paul adjourned the meeting at 8:09 p.m. (12/05/08 sbl)
3 _.
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
TO: Planning and Zoning Commission
FROM: ~(~" Jan King, Manager
V Growth Management Department
DATE: January 9, 2008
RE: 512 Carwash Wall
The owner of the 512 Carwash, Joseph Koruo, has again requested permission to remove the wall from the
front (north side) of his property. However, this wall was a condition of approval of the special use permit
for the carwash. As such, Resolution R-00-56 (approving the special use permit) as well as the revised site
plan dated October 3, 2000 must be amended if permission is to be granted for removal of the wall. As
required by code, the Planning and Zoning Commission must hear the request and make a recommendation
to City Council regarding the special use permit.
The original request was to remove the entire masonry wall. Staff recommended denial of that request for
numerous reasons, including certain buffering requirements in the CR 512 Overlay District, as well as
landscaping and drainage maintenance issues on the existing site.
Then the applicant revised his request, and asked to remove two (2) feet of the six-foot masonry wall along
the front (north side) of his property. That request was presented to the Planning and Zoning Commission
on May 3, 2007. The Commission made a recommendation to City Council to allow removal of two (2) feet
of the wall, after compliance with the six conditions of the April 27, 2007 staff report that addressed
outstanding site issues. After the Planning and Zoning Commission meeting, Mr. Koruo stated that he was
not satisfied with only a 2-foot reduction in the wall. Therefore, his plan (asking fora 2-foot reduction) and
the P & Z recommendation was not forwarded to City Council for further action. Staff advised Mr. Koruo
to revise his request and resubmit.
Mr. Koruo has now submitted a site plan calling for the removal of four (4) feet of the six-foot wall along
the front (north side) of his property. Following is a summary of the wall removal plan, including the site
issues:
1. Removal of the top four (4) feet of the masonry wall.
Section 54-4-21.3(b)(2) of the LDC requires uses with vehicle and service
bays that are oriented perpendicular to CR 512 to provide a Type "B"
buffer with a 4-foot high opaque feature along the site's CR 512 frontage.
The Type "B" buffer is asemi-opaque screen intended to partially block
visual contact between uses. Large trees are to be utilized as intermittent
visual obstructions from the opaque portion to a mature height of at least 20
feet. After the removal of the top 4 feet, the remaining wall will be 2 feet
in height. Should the Commission recommend a 4-foot reduction in the
wall, the site would not be in compliance with the code. Additional
landscaping might be required to provide the 4-foot opaque feature, but this
would probably not be acceptable to the applicant who is trying to create
more visibility for his property. As an alternative, the Planning and Zoning
Commission can grant a waiver from Section 54-4-21.3(b)(2) regarding the
4-foot high opaque feature.
2. Replacement of dead or missing vegetation.
The owner is required to replace all dead and missing vegetation on the
site, in accordance with the original approved landscape plan. Some
modification of the species of trees and plants will be permitted, as
identified on the proposed landscape plan. However, the existing oleanders
cannot be accepted as a replacement for the wax myrtles. Although the
oleanders may remain, the wax myrtles must be added or an acceptable
substitute provided.
3. Hours of operation to be limited to 7:00 a.m. to 10:00 p.m.
A condition of Resolution R-00-56 referring to the hours of operation has
been added to the site plan and must be posted on the site.
4. Exterior lighting to be in accordance with City code.
Section 54-3-10.2(e) requires all exterior lighting to be arranged so as to
shield or deflect the light from adjoining properties and public streets. This
note has been added to the site plan.
5. Stonnwater tract to be cleaned and maintained on a regular basis.
The stormwater tract is overgrown with tall weeds and debris. Owner must
clean it out and provide continual maintenance.
6. Hedge to be provided on south side of the southern eight-foot wooden privacy fence.
Resolution R-00-56 requires landscaping on the south side of the southern
eight-foot fence. The hedge has been planted, but has not been maintained.
7. Wooden fence in disrepair.
The southern fence has broken and rotted boards. Some sections are
missing entirely. This must be repaired.
8. Dumpster enclosure needs repair.
The gate of the dumpster enclosure must be repaired to hang and operate properly.
9. Monument sign is damaged.
The monument sign must be repaired.
Other Considerations:
As the owner, Mr. Koruo has concerns regarding safety and visibility for his carwash, which is why he is
requesting the modification.
Recommended Action:
1. Hold public hearing to consider the request for a modification of the site plan and the conditions of the
special use permit for the carwash as stated in Resolution R-00-56, and make a recommendation to City
Council.
2. If the Planning and Zoning Commission agrees to recommend approval of the 4-foot wall removal,
without additional landscaping to provide the required 4-foot opaque feature, then a waiver must be
granted from Section 54-4-21.3(b)(2).
RECEIV~~
ana
~~! City of Sebastian DEC 16 2008
NOME OF PELICAN BLAND Develoament Order A~i~a#innL . e
Permit Application No.
A licant If not owner, written authorization notarized from owner is~re uired
Name: Os~~k ~ J O ~ ~ ~
Address: ~ ~ ~G ~~ r G 1 ~ L ~.~ K/.,. ~J~a r~E~'G~ ~ 296
Phone Number: ( /) - ~ FAX Number: ( ) -
E-Mail:
Owner If different from a licant
Name:
~ c k ri ~b r
Address: ~G i~'tpl~ T ~ (~ ~G~ - r7 "t/--'~~[~!, ~~i 1~' ~ ~ ~~ (d
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Title of permit or action requested:
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):
B. Site Information
Address:
Z t /
'
e ~
~ s a(
Lot: Block: Unit: Subdivision:
Indian River County Parcel #: ~~ _ Jg,..- F 3 o d o a 2~~~ 6 D.-c~l~d l L~ n
Zoning Classification: ~.. / ~ Future Land Use:
G 4 ~h e
Existing Use: Proposed Use:
~ ~i sa ~ e
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessa
t ~~. ~- ~ Vie,
DATE RECEIVED: ~/) (o/ O~ FEE PAID: $ h~~I'~( ~`~ RECEIVED BY:
11;07/2006 17:32 7727783617 MBV ENGINEERING P~;GE 03104
D. Pro'ect Personnel:
A ent: N/A
Name:
Address;
Phone Number: Fax Number:
E-Mail:
Attorne N/A
Name:
Address;
Phone Number: Fax Number:
E-Mail:
En In®er: Aaron J. Bowles, P, E,
Name:
IVIBV En ineerln ,Inc.
Address:
2455 '14th Avenue; Vero Beach, FL
32960
Phone Number: 772 569-0035 Fax Number: 772 778-3617
E-Mail: mbven mbven .com
Serve or: David Jones, PSM
Name:
David Jones Serve in ,Inc.
Address:
3599 39th 5 uare; Vero Beach, FL
32960
Phone Number: 772 567-9875 Fax Number: 772 567-9172
E-Mail: N/A
~ ~OSC'~I`1 KC~''UD ,BEING FURST DUPLY SWORN, DEPOSE AND SAY TNAT: X I AM THE OWNER
I AM THE • l,E(3Al REPRESENTATIVE OF THE OWNER OF THE PF20pERTY DESCRIBED WHICH IS THE SUBJECT
MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN
THIS APpI.ICATION ARE ACCURATE ANp TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
~.~ /_~~ ~'2 v v
Sigriature'~'" Da#e
S m bscribed befiare me by ~p
Who is personally kno me or produced
as i en I Ication, Is ,~ ~'~~ day of ~ jp ,~~,.~,, ~, ~ , 200
NOTARY'S SIGNATURE Ell YOUNES
PRINTED NAME OF NOTARY ' su~ov~A
COMMIS510N NO,/EXPIRATION ~ ~ ii ~ ~ COMMISSION#DD1g03T4
SEAL: EXPIRES 05/1112007
eorroeolr~ ~-aee-~~+
orrn
2of3
File
ermit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR FENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
(~~
SIGNATURE
DATE
Sworn to and subscribed before me by --~ b.S~.~l~ = ! ~ O V U
who is - produced ~ ~ ~ ^ ~ ~9 ~ ~ 3 ~ (7 "
as identification, this1 (o day of ~ Q~~,~20
Notary's Signature ~ _
Printed Name of Notary v~5 Lp v~S~-
Commission No./Expiration 3 .~ ~ ~~"'"'~ SUSAN S. t,p~USSO
Seal: MY .,OMM(SSIUiI f~rD7673S8
EXPIRES kpril Qd, 2012
Fl. Nair Diuoon Assoc. Co.
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Supplemental Information
Site Plan Approval
X 1. Site size in acres or square foot:
0.59 ACRES
Permit Application No.
X 2. Area of impervious surface in square foot:
15,495
X 3. Area of pervious surface in square foot:
10,105
X 4. Attached the following:
X a. Six copies site plan with lot configuration, finished ground floor elevations, contours
designating number of dwelling units, and setbacks to scale indicating compliance
regulations. (Two sets must be sealed.)
NIA b. A scaled drawings of the sides, front, and rear of the building or structure, generalized fl
plan indicating uses and square footage of each proposed use within each building
structure, building exterior construction material and color, and. building height.
N/A c. A surface water drainage facilities plan certified by an engineer or architect registered in
State of Florida.
N/A d. A land survey with complete legal description prepared and certified. by a registered
surveyor.
N/A e. A traffic impact analysis, if required.
N/A f. An erosion/sedimentation control plan.
X g. A copy of the landscape plan to meet the requirements of Article XIII,
Regulations, and Article XIV, Tree Protection, of the Land Development Code.
X h. A verified statement showing each and every individual person having a legal and/or
equitable ownership interest in the subject property except publicly held corporations whose
stock is traded on a nationally recognized stock exchange, in which. case the name and
address of the corporation and principal executive officers will be sufficient.:
Form CD-2019 Page 1 of 2 Site Plan
Ap roved: 08-27-97 Revision: File Name: Sisite I .
X 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.
X 5. The following information is required on all site plans:
X a. Location of the site plan and describe the character of all outside facilities for
disposal, storage areas, or display.
X b. Locate on the site plari and show the dimensions of all curb cuts and driveways, including
the nummer of spaced 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 properly
owners.
X c. Locate on the site plan all pedestrian walks, and height or orientation of all signs.
X d. Locate on the site plan-.and describe the character. of landscaped areas and/or recreation
areas.
X e. Locate on the site plan and describe the design and character of all public, semi-public,
private utilities such as water and wastewater disposal facilities, underground or overhe
electric lines, gas transmission lines, or other similar facilities or services.
X f. Locate on the site plan and describe the height and gernal character. of perimeter
ornamental walls, fences, landscaping, including berms and other required screen
devised, and any other plans for protecting adjacent property owners.
X g. Locate on the site plan existing easements and rights-of-way.
Form CD-2019 Page 1 of 2 - Site Plan
A roved: 08-27-97 Revision: File Name: Sisite I
Information regarding wall removal request of 2007.
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
AGENDA
PLANNING AND ZONING COMMISSION
THURSDAY, MAY 3, 2007
7:00 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES:
6. OLD BUSINESS:
Regular Meeting of 4/ 19/07
A. CONTINUED -Public Hearing -Recommendation to City Council -
Modification to a Special Use Permit 8s Site Plan - C-512 Carwash -
921 Sebastian Boulevard -Removal of Front 6-foot Wall
7. NEW BUSINESS:
B. Accessory Structure Review -Section 54-2-7.5 - 1043 Genesee Avenue
- 35.6' X 28' Detached Garage/Workshop -Michael Rosendahl
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.
SP~~-~+~ use
{~,SoLu.~~O-~
RESOLUTION NO. R-00-56
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512
CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER
STREET; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Ken Chestnut has filed an application for approval of a special use
permit to operate a commercial carwash in the C-512 zoning district; and
WHEREAS, staff finds the requested permit to be in compliance with the
Comprehensive Plan and LDC of the City and said special use permit was recommended
for approval by the Plarming and Zoning Commission on August 3, 2000, subject to three
special conditions; and
WHEREAS, said special use permit was rejected by a 4-1 vote of the City
Council on September 13, 2000, but a subsequent Motion for Reconsideration of this
matter passed by a 5-0 vote on September 27, 2000;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. SPECIAL USE PERMIT APPROVAL. The City Council of
the City of Sebastian does hereby approve a.special use permit for operation of the . ' ; '4-•~,
'"~ ` +.
Chestnut 512 Carwash in accordance with the plans and application maintained on e +„ `~ ;'":~~~
with the City Growth Management Department, subject to the following special ~~ ~ `~ ~L~
~~
conditions: ~ ~
!~~ ~0
1. A stop sign shall be installed at the egress on the south side of the ~~~
sidewalk along C.R. 512; `~~ ,,
2. An eight foot wooden fence shall be installed on the rear of the
property rather than the six foot wall shown on the plans;
3. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.;
4. A stop sign shall be installed at the egress on the north side of the
sidewalk before entering C.R. 512;
5. A screening wall shall be constructed across the front of the property
as shown on the Site Plan revised on October 3, 2000;
6. The building shall have a tin roof, with design coins on the corners of
the buildings as shown on the rendering presented at the October 25,
2000, City Counci] meeting;
7. Landscaping shall be installed on the south side of the eight foot
wooden fence located on the rear of the property as shown on the Site
Plan revised on October 3, 2000; and
8. In addition to the required landscaping, nine (9) additional trees shall
be planted as shown on the Site Plan revised on October 3, 2000.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith, are hereby repealed.
Section 3. EFFECTIVE DATE.
This resolution shall take effect
immediately upon its adoption-
The foregoing Resolution was moved for adoption by Councilmember ~~3 ~,
The motion was seconded by Councilmember and, upon being put into
a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councihnember Joe Barczyk
Councilmember James Idill
Councihnember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day
of October, 2000.
ATTEST:
~~ ~~
Sally A aio, CMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
BY V~/ a~ li' (~ nrr~
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Atto y
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
TO: Planning and Zoning Commission
FROM: `~I-'7an King, Manager
Growth Management Department
27
DATE: April~'2007
RE: 512 Carwash Wall
The new owner of the 512 Carwash, Joseph Koruo, has requested permission to remove the wall from the
front (north side) of his property. However, this wall was a condition of approval of the special use permit
for the carwash. As such, Resolution R-00-56 (approving the special use permit) as well as the revised site
plan dated October 3, 2000 must be amended if permission is to be granted for removal of the wall. As
required by code, the Planning and Zoning Commission must hear the request and make a recommendation
to City Council regarding the special use permit.
The original request was to remove the entire masonry wall. Staff recommended denial of that request for
numerous reasons, including certain buffering requirements in the CR 512 Overlay District, as well as
landscaping and drainage maintenance issues on the existing site. See attached letter of Rebecca Grohall,
Growth Management Director, dated April 11, 2007.
The applicant has now revised his request. He is asking to remove two feet of the six-foot masonry wall
along the front (north side) of his property. Attached is a revised site plan highlighting the wall change, as
well as acknowledging other site deficiencies that were identified by staff, and must be addressed.
Following is a summary of the wall removal plan, including the site issues:
1. Removal of the top two feet of the masonry wall.
Staff originally had concerns when Mr. Koruo was asking to remove the
entire wall. Section 54-4-21.3(b)(2) of the LDC requires uses with vehicle
and service bays that are oriented perpendicular to CR 512 to provide a
Type `B" buffer with afour-foot high opaque feature along the site's CR
512 frontage. The Type "B" buffer is asemi-opaque screen intended to
partially block visual contact between uses. Large trees are to be utilized as
intermittent visual obstructions from the opaque portion to a mature height
of at least 20 feet. After the removal of the top two feet, the remaining wall
will be four feet in height. The existing vegetation along with the
replacement trees and plants will provide the necessary Type "B" buffer.
2. Replacement of dead or missing vegetation.
The owner is required to replace all dead and missing vegetation on the
site, in accordance with the original approved landscape plan. Some
modification of the species of trees and plants will be permitted, as
identified on the proposed landscape plan. However, the existing oleanders
cannot be accepted as a replacement for the wax myrtles. Although the
oleanders may remain, the wax myrtles must be added or an acceptable
substitute provided.
3. Hours of operation to be limited to 7:00 a.m. to 10:00 p.m.
A condition of Resolution R-00-56 referring to the hours of operation has
been added to the site plan and must be posted on the site.
4. Exterior lighting to be in accordance with City code.
Section 54-3-10.2(e) requires all exterior lighting to be arranged so as to
shield or deflect the light from adjoining properties and public streets. This
note has been added to the site plan.
5. Stormwater tract to be cleaned and maintained on a regular basis.
The stormwater tract is overgrown with tall weeds and debris. Owner must
clean it out and provide continual maintenance.
6. Hedge to be provided on south side of the southern eight-foot wooden privacy fence.
Resolution R-00-56 requires landscaping on the south side of the southem
eight-foot fence. A hedge has been added to the site plan in that area.
Other Considerations:
As a new owner, Mr. Koruo has concerns regarding safety and visibility for his carwash, which is why he is
requesting the modification.
Recommended Action:
Hold public hearing to consider the request for a modification of the site plan and the conditions of the
special use permit for the carwash as stated in Resolution R-00-56, and make a recommendation to City
Council.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF MAY 3, 2007
removal of the shed in conjunction with issuance of the C/O for the building. Staff
recommends approval.
The commission discussed deed restrictions of the subdivision, if a home business
would be carried on in the garage, and time frame of construction.
MOTION by KEOUGH/BUCHANAN to approve the 35.6' X 28' detached
garage/workshop at 1043 Genesee Avenue, lots 8 and 8a.
ROLL CALL: Mr. Keough yes
Mr. Simmons yes
Mr. Cardinale yes
Mr. Mahoney yes
Mr. Buchanan yes
Mr. Paul yes
The vote vras 6-0. Motion passed unanimously.
OLD BUSINESS:
CONTINUED PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -
MODIFICATION TO A SPECIAL USE PERMIT & SITE PLAN - .C-512
CARWASH - 921 SEBASTIAN BOULEVARD -REMOVAL OF FRONT 6-
FOOT WALL
11/Ir.. Paul opened the hearing and swore in staff, applicant, and anyone from the public
who would be speaking. .
Ms. King reviewed the application explaining that special use permits first go to Planning
and Zoriing commission then to City Council for final approval. During .the original
review, the PZC had no particular recommendation on their approval regarding the wall.
However; City Council added the condition to their approval. Ms. King referenced a
memo from Rebecca Grohall, Growth Management Director, which summed up the
situation, stated the city's position and if the applicant could modify their request and
take care of other existing site issues. She reminded the commission that they have
jurisdiction over the site plan but it is City Council who makes the final decision on the
special exception.
Aaron Bowles, MBV Engineering, Vero Beach addressed the commission. He agreed
with Ms. King's overview and said the new owners want to clean up the site and bring it
in to compliance. With regard to the six-foot wall, they would like to cut it down to a four-
foot wall. They are concerned with security, as police cannot see behind the six-foot
wall from the street.
There was discussion with the commission about what the application states and what
the applicant presented. There was extensive discussion about the height of the
finished wall and at what point it is measured from, the road, sidewalk or exposed area.
Also discussed was the buffer area and storm water retention.
Mr. Paul asked the owner to step up and answer some questions. Joseph Koruo, 10430
Buenos Aires St., Cooper City, FL said his main reason to reduce the wall height is for
public safety.
2 ....
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR-MEETING OF MAY 3, 2007
Arthur Harris said he lives directly across the street from the site and the bay lights shine
directly into his house. He is concerned if the wall were to be reduced vehicle lights
would also shine into his home.
Ms. King stated for the record that the office received a letter of opposition from the
neighbor to the east of the site and it was handed out to the commissioners this evening.
Mr. Stringer explained special uses and exceptions, denoting that the approval should
not be detrimental to public health, safety and welfare, or injurious to other properties or
improvements in the immediate vicinity. After a lengthy discussion, he summed up that
the issue presented is the wall. and by code they could go down to four feet with
something opaque but the owner's problem of visibility would still exist. He added it
would take a waiver or variance to go below the four feet.
MOTION by Mahoney/Keough to recommend to council the modification of site plan to
remove two feet from the required wall condition upon first coming into compliance with
the items listed as 1 thorough 6 of the staff report.
ROLL CALL: Mr. Mahoney yes
Mr. Buchanan yes
Mr. Paul .yes
The vote was 6-O. Motion carried unanimously.
MEMBERS MATTERS:
Mr. Simmons yes
Mr: Keough yes
Mr. Cardinale yes
Mr. Mahoney brought up the outside storage at Firehouse Garage. Mr. Keough
mentioned a house in the 800 block of Schumann Drive that was destroyed by the
hurricane and debris all over the yard and he wanted to know what was being done with
it. Mr. Stringer said. it is or will be getting an unsafe building notice.
CHAIRMAN MATTERS:
NONE
DIRECTOR MATTERS:
Ms. Bosworth said as of today there are no items scheduled for the May 17 meeting
however the first meeting in June will have the capital improvement plan. Mr. Keough
noted that he would not be able to attend the first meeting in June.
ATTORNEY MATTERS:
Mr. Stringer discussed a brand new process, which is the interlocal services boundary
agreements. Topics of discussion are annexations, densities, and service provision for
the areas that have discussed annexing into Fellsmere, not the ones who have actually
applied. County commission has directed their staff that they want to discuss all
unincorporated areas with the cities. Although we focus on today, this is a 20-year
future vision plan.
Chinn. co adjourned the meeting at 8:50 p.m. (5/4/07 sbl)
'`
/"` ~ ~~ 4 /
3
§ 54-1-2.4 SEBASTIAN LAND DEVELOPMENT CODE
drainage, water and wastewater facilities, and all required community facilities,
and all other needed public improvements; and forward to the city council written
recommendations on such matters;
i. Consider, review and make recommendations concerning studies of city public
land needs and recommend site acquisition for the same, including development
plans and requisite facilities;
j. Annually prepare, in conjunction with the city engineer, a list of the capital
improvements recommended for construction during the next fiscal year and the
four-year period following it, showing recommended order of priority thereof, the
year recommended for beginning construction, the year recommended for com-
pleting construction, and the estimated costs thereof;
k. Carry out powers of site plan review as stipulated in article XVIII of the land
development code; .
1. Perform any other duties, which lawfully may be assigned to the commission.
In performing functions set forth in section 54-1-2.4, the planning and zoning commission
shall act only in an advisory capacity to the city council. When the planning and zoning
commission reviews and recommends actions regarding a major site plan approval as defined
in article XVIII, the decision of the planning and zoning commission shall be final, unless said
decision is appealed to the city council within ten days of the decision, as provided for in the
land development code.
(e) Appropriation of funds. The city council shall appropriate funds necessary for expenses
incurred by the planning and zoning commission in its. performance of the above listed
functions. The planning and zoning commission shall not have the power to contract with
private or governmental persons or entities, or to commit or expend funds of the city.
(f) Rules.of procedure. The pl nn;ng and zoning commission shall establish and adopt rules
of procedure, which shall include, but not be limited to, election and duties of officers; meeting
schedule, time, and place; establishing order of business and method of transaction; procedure
for action and voting by members; conduct of public hearings; rules of conduct; parliamentary
procedure; maintenance of records; and method of amending same.
(1) Officers. From among its members the plaiming and zoning commission annually shall
elect a chairperson and a vice chairperson at the first regular meeting of the
commission held at the beginning of each calendar year. Whenever possible, the
persons selected as the chairperson and vice chairperson of the commission shall have
served two years as a regular member of the commission and shall have attended at
least 90% of the meetings of the planning axed zoning commission which such member
was not otherwise excused from attending by the chairperson at such meetings of the
commission. The plarLn;ng and growth management director shall appoint a city
employee to serve as secretary to the planning and zoning commission and take
minutes of the meetings of the commission.
LDC2:10
PLANNING 8~ ZONING COMMISSION
3-YEAR TERMS
MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M.
MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS
AND ADDRESS STATUS COMPLETED
[MOST RECENT HISTORY
FIRST]
Brian Blais Reappointed 11/12/08 Term to
241 Easy Street expire
Sebastian, FL Appointed 12/12/07 11/1/2011
32958
646-0525
Charles Cardinale Reappointed 4/9/08 Term to
474 Thomas Street expire
Sebastian, FL Took Celli's regular member 4/1/2011
32958 position on 4126/06
918-8629
Larry Paul Reappointed 5/14/08 Term to
1701 Sunset Lane expire
Sebastian, Florida Reappointed 5/11/05 5/1/2011
32958
388-0937 Took Blessing's Unexpired
Regular Member Position
4/28/04
Keith Srinivasan
Appointed 5/14/08
Term to
1024 Landsdowne expire
2/1/2011
Sebastian, FL
32958
589-7319
William Simmons Took Mr. Smith's unex fired
p Term to
509 Drawdy Way
regular member positions 2/22/06 expire
6/1/2009
Sebastian, FL
32958 Reappointed alternate member
589-9826 position 1J12/115
Took Seeley's Unexpired
Alternate Member Positions
1/281114
Revised 11-17-08
Hank Buchanan Reappointed regular member Term to
1101 Landsdowne 4/11!07 expire
Drive Sebastian, FL 6/1/2010
32958 Took Oakes' unexpired regular
388-5397 member term 1/24/07
Took Oake's Unexpired
Alternate Member Position
10/12/05
Ed Dodd Appointed 12/12/07 Term to
906 Fleming Street expire
Sebastian, FL 11/1/2010
32958
388-5440
Charles Neuberger Appointed 8/27/08 Term to
776 Schumann Drive expire
Sebastian, FL 32958 11/2010
633-4554
Greg Hepler Appointed 6!25/08 Term to i
1291 Barber Street expire
Sebastian, FL 32958 1/1/2011
589-6617
Staff Liaison -Growth Management Director
Revised 11-17-08