HomeMy WebLinkAbout05212009 Agenda PZ LPACm' OF
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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, MAY 21, 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 4/ 16/2009
6. OLD BUSINESS:
T. NEW BUSINESS:
A. Quasi-Judicial Public Hearing - Phased Site Plan Modification and
Conditional Use Permit -Calvary Baptist Church - 123 Thunderbird Drive
- Phase 1 Consists of a 2,310 SF Building Addition for Classrooms, Phase 2
Consists of Internal Renovations, and Phase 3 Proposes a New 7,745 SF,
265 Seat Church Building Along With Required Parking, Landscaping and
Stormwater Drainage -Current Zoning is PS (Public Service) and Land Use
is INS (Institutional)
B. Public Hearing - Recommendation to City Council - Land Use
Amendment and Re-Zoning (For A Proposed Annexation) -Parcel Located
West of U.S. 1 Between Shady Rest Mobile Home Park and St. Sebastian
Catholic Church -Subject Parcel is 3 Acres, More or Less -Request is for
RMU (Riverfront Mixed Use) Land Use and CR (Commercial Riverfront)
Zoning.
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.
UfY OF
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HQME 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, MAY 21, 2009
Immediately Following Planning and Zoning Commission Meeting
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. OLD BUSINESS:
6. NEW BUSINESS:
Public Hearing -Review and Make Recommendation to City Council Regarding
Ordinance 0-09-05 which Proposes to Amend the Land Development Code
Relating to the Parking and Storage of Recreational Vehicles
7. CHAIRMAN MATTERS:
8. MEMBERS MATTERS:
9. DIRECTOR MATTERS:
10. ATTORNEY MATTERS:
11. ADJOURNMENT:
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS,
WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY
CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS
SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING.
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 16, 2009
Chmn. Paul called the meeting to order at 7:00 P.M.
The pledge of allegiance was said by all.
ROLL CALL:
PRESENT: Mr. Paul Mr. Simmons
Mr. Dodd Mr. Hepler
Mr. Cardinale Mr. Blais
Mr. Neuberger
EXCUSED: Mr. Buchanan Mr. Srinivasan
ALSO PRESENT: Dorri Bosworth, Zoning Technician
Robert Ginsburg, City Attorney
Susan Lorusso, Administrative Assistant
ANNOUNCEMENTS:
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Chmn. Paul announced that Mr. Buchanan and Mr. Srinivasan are excused and Mr.
Hepler and Mr. Neuberger will be voting.
APPROVAL OF MINUTES: Regular Meeting of 3/19/09
MOTION by Simmons/Neuberger to approve the P&Z meeting minutes of 3/19/09.
Motion was approved on roll call.
OLD BUSINESS: NONE
NEW BUSINESS:
A. ACCESSORY STRUCTURE REVIEW - SECTION 54-2-7.5 - 1565
QUIESCENT LANE - 1,000 SF DETACHED GARAGE - EDUARDO
GIAMBANCO
Chmn Paul asked the applicant to make his presentation. Gary Gehrke of North South
Builders explained that the property owners have a unity of title for back-to-back lots.
The main house faces Quiescent Lane and the back lot fronts on Ridgely Lane. One
issue is the facade of the garage. Ms. Bosworth recommended that it be done to match
the main house but Mr. Gehrke believes that the neighborhood on Ridgely would want it
to look more like the houses that would be adjacent to the garage. The garage roof
would be hip style. The garage will. be used to store Mr. Giambanco's boat and trailer.
Mr. Gehrke said the roof color of the main house is burnt sienna, which is like a
terracotta red. However, that color would not match the other homes that front on
Ridgely.
a
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 16, 2009
Ms. Bosworth added they meet the requirements for setbacks. The garage is higher
than the house however, since fill would not be needed for the garage construction as it
would for a house, the line of sight would appear the same. Also, it will not be higher
than the house it would be closest to on Ridgely. With regard to the architectural design,
it does not meet that requirement. The main house has three different fagade materials,
a brick footwall, stucco, and T-111. Before the Commission tonight is to decide whether
to have the garage match the main house or the houses it will be closest to. Also,
anything over 750 SF requires landscaping, hedges or bushes around the building.
Thirty-seven shrubs are required for this size structure. Would the commission prefer the
roof color to match the main house or the houses the structure is adjacent to?
Mr. Dodd preferred the garage architecturally match the residences on Ridgely and the
color could match the main house. Mr. Simmons agreed with Mr. Dodd. Mr. Blais
agrees that the structure should match the home at 1574 Ridgely. Mr. Simmons asked
about notification of this application to the neighbors. Ms. Bosworth explained that this is
a permitted use and only requires commission review when the square footage exceeds
500 square feet. As this is not a public hearing process, the neighbors were not notified.
Chmn. Paul favored the garage to be designed similar to the main house which is also
somewhat like the house at 1550 Ridgely Lane. Mr. Blais explained the close proximity
of the garage to 1574 Ridgely make it a better choice to have the garage similar to that
design. Mr. Cardinale was concerned about blunting the look of the garage with foliage.
MOTION by Dodd/Neuberger to approve the accessory structure located at 1565
Quiescent Lane to include condition number one from the staff report with condition
number two being that the accessory structure architecturally match the residence
located at 1574 Ridgely Lane.
ROLL CALL:- Mr. Paul no Mr. Blais yes
Mr. Neuberger yes Mr. Simmons yes
Mr. Dodd yes Mr. Cardinale yes
Mr. Hepler yes
The vote was 6-1. Motion passed.
B. QUASI-JUDICIAL PUBLIC HEARING -CONDITIONAL USE PERMIT -
MODEL HOME RENEWAL - 909 LANDSDOWNE DRIVE -NORTH
SOUTH BUILDERS
Chmn. Paul opened the hearing. Mr. Ginsburg swore in all people that would be
speaking. Ms. Bosworth reviewed the staff report. The model home has been
maintained, there are no zoning violations and staff recommends approval for aone-
year renewal of the conditional use permit. There were no questions or comments from
the commissioners or anyone from the public.
MOTION by Simmons/Cardinale to approve the conditional use permit for one year for
the model home at 909 Landsdowne Drive.
ROLL CALL: Mr. Blais yes Mr. Cardinale yes
Mr. Paul yes Mr. Hepler yes
2
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 16, 2009
Mr. Simmons yes Mr. Neuberger yes
Mr. Dodd yes
The vote was 7-0. Motion passed.
MEMBERS MATTERS: NONE
CHAIRMAN MATTERS: NONE
DIRECTOR MATTERS:
Ms. Bosworth mentioned that the Comprehensive Plan elements, which this commission
reviewed and recommended, are scheduled to go to city council on April 22"d. If council
adopts it then the final version will go to DCA and then they will be issuing a notice of
either compliance or non-compliance.
ATTORNEY MATTERS: NONE
Chmn. Paul adjourned the meeting at 7:42 p.m. (4/17/09 sb/)
3
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HOME Of PELICAN ISLAND
Growth Management Department
Site Plan Review
Staff Report
1. Project Name: Calvary Baptist Church -Major Modification
2. Requested Action: Site plan and conditional use approval for a phased project
proposing a classroom addition and a new sanctuary
building along with required parking, stormwater, and
landscaping
3. Project Location
a. Address: 123 Thunderbird Drive
b. Legal: Tract J, Block 585, and the east '/z of the vacated Cherry
Court right-of-way abutting west property line per
Sebastian Resolution R-00-14, Sebastian Highlands Unit
17.
c. Indian River County Parcel Number: 31-39-19-00001-0010-00001.0
4. Project Owner: Calvary Baptist Church of Sebastian, Inc.
123 Thunderbird Drive
Sebastian, Florida 32958
(772) 589-6519 Fax (772)
5. Project Agent: Pastor Clifton J. Cooley
6. Project Engineer: MBV Engineering, Inc.
Mr. Robert Leon, PE
2455 14~h Avenue
Vero Beach, Florida 32960
(772) 569-0035 Fax (772) 778-3617
7. Project Surveyor: Daniel W. Talbott, PSM
1279 Old Dixie Highway
Vero Beach, Florida 32960
(772) 569-8884 Fax: (772) 564-2071
1
8. Project Description
a. Narrative of proposed action: Calvary Baptist Church has filed an
application for a phased site plan modification. Phase I consists of a 2,310
SF building addition for classrooms, Phase 2 consists of internal renovations
to the existing sanctuary, and Phase 3 proposes a new 7,745 SF - 265 seat
church building together with associated parking, utilities, drainage, and
landscaping. The site is located on Thunderbird Drive, which can only be
accessed from Schumann Drive. Water service to the site is accomplished
via connection to Indian River County Utilities, and a larger septic system will
be installed in Phase 1. The site consists of 3.02 acres, of which 1.49 acres
will be impervious (49.3%) and 1.53 acres will be open space (50.7%).
b. Current Zoning and Land Use:
Land Use: INS (Institutional)
Zoning: PS (Public Service)
c. Adjacent Properties
Zoning Current Land Use Future Land Use
North: C Conservation C
East: C Conservation C
South: RS-10 Residential LDR
West: C Conservation C
d. Site Characteristics
(1)
(2)
(3)
(4)
(5)
(6)
(7)
($)
Project Area: 3.02 acres
Current Land Use(s): Existing church
Soil:
Vegetation:
Flood Hazard:
Water Service:
Arents
Perimeter -Pine flatwoods
Zone X & Zone A
Indian River County Utilities
Sanitary Sewer Service: None -Septic/Drainfield
Parks: Seb. Stormwater Park -adjacent
Schumann Tennis Courts - 1 mile
2
(9) Police/Fire: Indian River Fire - 2.5 miles
Sebastian Police - 8 miles
9. Comprehensive Plan Consistency
a. Future Land Use: consistent
b. Traffic Circulation: consistent
c. Housing: n/a
d. Public Facilities: n/a
e. Coastal Management: n/a
f. Conservation: consistent
g. Recreation and Open Space: consistent
10. Contents of Site Plan:
a. lot configuration: provided
b. finished ground floor elevation: 25.08'
c. contours and designated number of dwelling units: 0
d. square footage of project area: provided - 131,380 SF
e. building coverage: Phase I & II - 7,530 SF = 5.7%, Phase III - 15,275
SF = 11.6% (40% maximum)
f. square footage of impervious areas and open area:
Phase I & II (stabilized grass parking counts as impervious area):
impervious 31,363 SF = 24.9%
open 100,017 SF = 75.1
Phase III (stabilized grass parking counts as impervious area):
impervious 64,608 SF = 49.3% (60% maximum)
open 66,772 SF = 50.7% (45% minimum)
g. setbacks: provided - in compliance with zoning regulations
Required Phase I Phase III
Front: 30' 166.91' 96.2'
Side: 10' 80.39' 54.8'
Rear: 25' 25.29' 176'
3
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: exterior
construction provided, colors have not -presumed to match existing
buildings.
k. building height: Provided: 35' (maximum 35').
1. location and character of all outside facilities for waste disposal,
storage areas, or display: Provided
m. location and dimensions of all curb cuts and driveways: provided
n. number of spaces with their location and dimensions: provided
Parking Required: One space for every 4 seats figuring maximum
seating capacity
Existing Church: 100 seats _ 4 = 25 spaces required
Existing Parking: 50 spaces (48 regular, 2 H/C)
Phase I: No additional seats proposed
Parking provided: 50 spaces existing (48 regular, 2 H/C)
Phase II : 100 seats + 50 additional seats = 4 = 38 spaces required
Parking provided: 50 spaces existing (48 regular, 2 H/C)
Phase III: 265 seats + 4 = 67 spaces required
Parking provided: 95 spaces (90 regular, 5 H/C)
o. details of off-street parking and loading areas (including
requirements of Article XV): Provided
p. all off-street vehicular surfaces available for maneuvering: provided
q. surface materials: provided
r. number of employees: n/a
s. type of vehicles owned by the establishment: none
t. If there is a combined off-street parking facility, required
agreements: n/a
u. Location of all pedestrian walks, malls, yards and open spaces:
provided
4
v. location, size, character, and height or orientation of all signs: Not
provided -any new sign, or new location for existing sign, shall require a
zoning review and new building permit.
w. location and character of landscaped areas and recreation areas:
provided
x. location, design and character of all public, semi-public, or private
utilities: provided
y. location, height and general character of perimeter or ornamental
walls, fences, landscaping: provided
z. surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided
aa. location of existing easements and right-of-way: provided
bb. Land survey with complete legal description prepared and certified
by a registered surveyor: provided -However, flood zone A, within
the north property line area, still needs to be noted on the survey, to
verify if the Phase I building addition is affected.
cc. Verified statement showing each and every individual person having
a legal and/or equitable ownership interest in the subject property:
provided
11. Site location and character of use: provided
12. Appearance site and structures:
a. harmonious overall design: yes
b. location and screening of mechanical equipment, utility hardware
and waste storage areas: provided, except for location of outside
mechanical equipment, which is required to be screened with landscaping
or fencing before C/O issued.
c. commercial and industrial activities conducted in enclosed
buildings: yes
d. exterior lighting: provided -location. Details and type of lighting for
Phase III must be approved by Growth Management before installation.
Functionality, and proximity to the conservation and residential areas will
be taken into consideration. The lighting details on Sheet C5 are not
approved at this time.
13. Access, internal circulation, off-street parking and other traffic impacts:
5
a. internal circulation system design and access/egress
considerations: provided
b. separation of vehicular and pedestrian areas: provided
14. Traffic impacts: A traffic statement has been provided. Additional trips
generated from Phase III does not warrant a full traffic study. However, because
of the length of time until Phase III, a new traffic statement and/or study shall be
provided before landclearing for Phase III begins.
15. Open space and landscape (including the requirements of Article XIV):
a. Name, address and phone number of the owner and designer:
provided
b. North arrow, scale and date, minimum scale of one inch equals fifty
(50) feet: provided
c. Property lines, easements, and right-of-way with internal and property
line dimensions: provided
d. Location of existing or proposed utility service: provided
e. Location and size of any existing or proposed structures: provided
f. Location and size of any existing or proposed site features, such as
earthen mounds, swales, walls and water areas: provided
g. Location and size of any existing or proposed vehicular use area:
provided
h. Location and size of any existing or proposed sidewalks, curbs, and
wheel stops: provided
i. Location of sprinkler heads, hose bibs, or quick cupplers and other
information on irrigation: Not provided - An irrigation system is required
and system information should be submitted. IRC Utilities does not allow
irrigation meters to be connected to County water. A private well is
required and location must be shown on the 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 -Any modification to a site requires
corrections to any non-compliances existing on the property. The current
landscaping deficiencies should be corrected during Phase I. But because
Phase III is the largest modification and the site will be significantly
changed at that time, staff requested that only the landscaping along
Thunderbird Drive and the parking areas be brought into compliance during
6
Phase I, with the remainder of the required landscaping to be installed
during Phase III.
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:
Not provided
p. Show all landscaping, buildings, or other improvements on adjacent
property within five (5) feet of the common property line:
Not provided
16. Required screening of abutting residential and nonresidential uses: See
comment below regarding conditional use criteria # 7.
17. Flood prone land and wetland preservation: n/a
18: Surface water management: provided - A SJRWMD permit was issued for
the project in 2008 using the Phase III build-out information. Since the upgraded
stormwater svstem is not being constructed until Phase III, staff is requesting an
approval and/or exemption letter from SJRWMD for the Phase I building and
paving additions.
19: Available potable water: Indian River County Utilities
20: Wastewater service: Anew 1900 gallon septic tank/drainfield system is
proposed for construction in Phase I
21: Soil erosion, sedimentation control and estuary protection: provided
22. Performance Overlay District Requirements: This property is not in an
overlay district
23. Additional considerations:
The project site is adjacent to conservation areas on three sides. Staff is
requesting environmental studies and field observation statements to be
submitted before Phase I and Phase III landclearing permits are issued.
7
Per Section 54-4-18.2(c)(5) the construction schedule for the phases is binding.
IRC Utilities Department and Environmental Health Department comments have
been addressed.
The height of the Phase III new church building is proposed to be 35 feet. Based
on information from the architectural drawings, the walls of the building are 12
feet in height, leaving 23 feet of roof. Consideration should be given for added
architectural embellishments to the roof and/or building as to create a structure
that is not so visually all roofing material.
The civil engineer, while making the last set of revisions requested by staff,
inadvertently missed some minor site details and data corrections that should be
corrected on the plans. Correct information is listed in the staff report. The
minor changes consist of:
• Building setback and open space data on Sheets C1 & C3
corrected, to be consistent
• Correct parking data information on C1 for all phases, and C3 for
Phase III
• Correct parking space dimensions to 20', and drive aisle width to
14' on concrete parking lot on Phase I information, C1 & C2
• Change # of Cocoplum plants on Phase I landscaping plan from
250 to 320
• Correct location of dumpster on Phase I landscaping plan to
reflect location on C1
• Change 6' berm note in SE corner on Phase III landscaping plan
to state "6' Opaque Landscape or Fence Buffer"
Conditional Use: The conditional use permit was granted when the church site
was originally approved. The modifications must also satisfy the specific criteria
stipulated for churches in subsection 54-2-6.4(8):
1. A minimum lot area of 20,000 SF shall be required. Lot area is 131,380
SF - OK
2. A minimum lot width of 100 feet shall be required. Lot width is 450 feet -
OK
3. The maximum lot coverage by all impervious surfaces shall not exceed
60% of the lot area. Final impervious area is 49.3% - OK
4. No building or structure shall be located closer than 30 feet to any
property line abutting a residential use or district. The only property line
abutting a residential use or district is in the SE corner, which abuts Lot
12, Block 585. No building or structure is proposed to be within 30 feet of
the lot line - OK
8
5. Access shall be from a major thoroughfare or as otherwise approved by
the city engineer. Access from Thunderbird Drive was approved with the
original site plan - OK
6. Any accessory residential use or school upon the premises shall provide
such additional lot area as required for such use by this section and shall
further be subject to all conditions set forth for such uses by this section.
Accessory residential uses may include convents, monasteries, rectories
or parsonages. No residential uses are proposed, and the proposed
classrooms are for church use only - OK
Screening: All side and rear yards abutting residential districts or uses
shall be screened in accordance with the standards established in section
54-3-14.16 of this ordinance. Approximately 82' of screening is required
in the SE corner along Lot 12, Block 585, and is noted on the Phase 111
landscape plan to be provided. Sceening shall be a 6-foot opaque
landscaping or fencing buffer. - OK
24. City Engineer's review: Applicant has addressed all comments.
25. Conclusion: The proposed phased site plan with the recommended conditions
is consistent with the Comprehensive Plan and Land Development Code.
26. Recommendation:
(A) HOLD PUBLIC HEARING REGARDING SITE PLAN APPROVAL: Staff
recommends approval of the Calvary Baptist Church site plan with the following
conditions:
1. Revised survey showing correct Flood Zone A areas
2. Any outside mechanical equipment required to be screened with
landscaping or fencing before C/O
3. Details and type of lighting to be approved by Growth Management
before installation. Details on Sheet C5 are not approved at this time
4. Updated traffic statement and/or study to be provided before landclearing
for Phase III
5. Irrigation system installed and details provided
6. SJRWMD approval or exemption letter for Phase I
7. Final Fire Department approval
9
8. Environmental statement and/or study to be submitted before
landclearing permits issued for Phase I & III
9. Minor site plan clean-up items to data and details as listed above
(B) APPROVE THAT THE MODIFICATIONS PROPOSED HAVE MET THE
SPECIFIC CRITIERIA OF THE CONDITIONAL USE, AS LISTED ABOVE.
CzQ. Mfr
PREPARED BY
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Correspondence and site plan review items between City staff, the Engineer of Record (if applicable)
and other government agencies regarding this project are available for review in the offices of
Growth Management
10
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City of Sebastian Permit Application No.
Development Order Application
Applicant (if not owner, written authorization (notarized) from owner is required)
Name:
Calvary Baptist Church of Sebastian, Inc.
Address:
123 Thunderbird Drive; Sebastian, FL 32958
Phone Number: (772) 589-6519 Fax Number: ( )
E-Mail:
Owner (if different from applicant)
Name:
Same as applicant
Address:
Phone Number: ( ) Fax Number: ( )
E-Mail:
Type of permit or action requested:
Site Plan
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" x 11" COPIES OF
ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM.
A. Project's Name (if applicable):
Calvary Baptist Church
B. Site Information
Address:
123 Thunderbird Drive
Lot: Block: Unit: Subdivision:
NIA 585 17 .~@9'1'd Sebastian Highlands
Indian River County Parcel # : 31-39-19-00001-0010-00001.0
Zoning Classification: Future Land Use:
Ps DNS
Existing Use: Proposed Use:
Church Church
C. Description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary): Addition of a 6335 SF church building 8< a 2310 SF addition to
the existing church building. Parking, stormwater and landscape improvements also.
DATE RECEIVED: J~~/~j~ FEE PAID: $~~ ~ ~~~ ~ CEI D BY: ~~~~~~Q
Form CD-2001 Pa e 1 of 3 Develo ment A lication
Approved: 08-27-97 Revision: File Name: DOA
~' & Z Growth Mgnt.
D. Project Personnel:
Agent: N/A
Name:
Address:
Phone Number: ( ) Fax Number: ( )
E-Mail:
Attorney: N/A
Name:
Address:
Phone Number: ( ) Fax Number: ( )
E-Mail:
Engineer: Mr. Robert Leon, P.E.
Name:
MBV En ineerin ,Inc.
Address:
2455 14th Avenue; Vero Beach, FL
32960
Phone Number: 772) 569-0035 Fax Number: (772) 778-3617
E-Mail: mbveng@mbven .com
Surveyor: Daniel W. Tablott, PSM
Name:
Daniel W. Tablott, V
Address:
1279 Old Dixie H .; Vero Beach, FL 32960
Phone Number: (772) 569-8884 Fax Number: (772) 564-2071
E-Mail: dtalbott psm@comcast.net
I, Clifton Cooley ,BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I AM THE
LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION
ARE ACC RATE AND TRUE T THEIST OF MY KNOWLEDGE AND BELIEF.
~ [// 12~
Signature , Date
Sworn to and subscribed before me by ~ ~I~n~n .~ ~OO~P~I
Who is nPrsonally known to me or produced
as identification, this 2~day of ~.~l~~;j , 200
NOTARY'S SIGNATURE
PRINT
COM ~~ ENO./E~3sIY~NB _.__
SEAL: '* MY COMMISSION # DD 567T25
~•. = EXPIRES: October 22, 2010
~~~a~' a 8dndetl Tfiru Notary Pubr~c Underwriters
Form CD-2001 Page 2 of 3 Development Application
Approved: 08-27-97 Revision: File Name: DOA
The following is required for all comprehensive plan amendments, zoning amendments
(inlcuding rezoning), site plans, conditions use permits, special use permits, variances,
exceptions, and appeals.
INVE, X ,THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY
DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY
MEMBER OF THE Planning & Zoning BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE
BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
INVE HEREBY WAIVE ANY OBJECTION OR DEFENSE INVE fv~AY HAVE, DUE TO THE QUASI-JUDICIAL
NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR
VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR
SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT 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.
-~--~- 12g-~
Signature Date
Sworn to and subscribed before me by
Who ispersonally known to me or produced
as identification, this ~~day of
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL: '°'~"'~
C~Itmr1 s~ ~ iP~
~~,tr~l>~~l , 200
a~'•"•"• Py~, JESSICA HAWKINS
-;: .oc
*: .,;: MY COMMISSION # DD 567125
~'- •'o EXPIRES: October 22, 2010
'~',q~;~;t:°~ BondedThruNotaryPublicUndenvriters
Form CD-2001 Page 3 of 3 Develo ment Application
Approved: 08-27-97 Revision: File Name: DOA
Supplemental Information Permit Application No.
Site Plan Approval
X 1. Site size in acres or square foot:
3.02 ac.
X 2. Area of impervious surface in square foot:
65,737 SF (total all 3 phases)
X 3. Area of pervious surface in square foot:
55,643 SF
X 4. Attached the following:
X a. Twelve copies site plan with lot configuration, finished ground floor elevations, contours and
designating number of dwelling units, and setbacks to scale indicating compliance with
regulations. (Two sets must be sealed.)
X 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.
X c. A surface water drainage facilities plan certified by an engineer or architect registered in the
State of Florida.
X d. Aland survey with complete legal description prepared and certified by a
surveyor.
N/A e. A traffic impact analysis, if required.
X 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 ai
equitable ownership interest in the subject property except publicly held corporations w
stock is traded on a nationally recognized stock exchange, in which case the name
address of the corporation and principal executive officers will be sufficient.
Form CD-2019 Page 1 of 2 Site Plan
Approved: 08-27-97 Revision: File Name: Sisitepl
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 plan and show the dimensions of all curb cuts and driveways, including
the nubmer 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 property
owners.
X c. Locate on the site plan all pedestrian walks, and height or orientation of all signs.
X d. Locate on the site p-an 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 c
ornamental walls, fences, landscaping, including berms and other required screenin
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
Ap roved: 08-27-97 Revision: File Name: Sisitepl
~r a
S~~~T~N
. ~~~`
HOME OF VPELECAN ISLAND
Growth Management Department
Staff Report
Comprehensive Plan Amendment
And Rezoning Application
1. Project Name: Mustacchia Property
2. Requested Action:
Land Use Change
from: L-2, 6 units/acre
to: RMU (Riverfront Mixed Use).
Zoning Change
from: RM-6 (Residential Multi-family, 6 units per acre)
to: CR (Commercial Riverfront)
3. Project Location
a. Address: U.S. 1 between 13075 (St. Sebastian Catholic Church property)
and 13225 (Shady Rest Mobile Home Park)
b. Legal: See survey
c. Indian River County Parcel Number: 30-38-21-00001-0000-00020.1
d. Acreage: 3 acres
4. Project Owner: James Mustacchia
790 Concha Drive
Sebastian, FL 32958
(772) 388-9632
5. Project Agent: Laura Peterson
945 Sebastian Boulevard
Sebastian, FL 32958
(772) 589-3054 far: (772) 589-7557
6. Project Engineer: N/A
7. Project Surveyor: Thomas W. Quesnel
Professional Land Surveyor and Mapper
1060 Douglas Street, S.E.
1
Palm Bay, FL 32909
(321) 951-0665 fax: (321) 725-0733
8. Project Attorney: N/A
9. Project Description
a. Narrative of proposed action: James Mustacchia has made application to the
City for annexation of his 3-acre parcel of land on U.S. 1 located between Shady
Rest Mobile Home Park (to the north) and the St. Sebastian Catholic Church (to
the south). The property currently has a county land use designation of L-2, 6
units/acre and a county zoning designation of RM-6. In conjunction with the
annexation request, the applicant has requested a city land use designation of
RMU (Riverfront Mixed Use) and a city zoning designation CR (Commercial
Riverfront).
b. Land Use:
Existing (County): L-2, 6 units/acre
Proposed (City): RMU (Riverfront Mixed Use)
c. Zoning:
Existing (County): RM-6 (Residential Multi-family, 6 units/acre)
Proposed (City): CR (Commercial Riverfront)
d. Adjacent Properties:
Zonin Current Land Use Future Land Use
North: CR (Commercial
Riverfront Shady Rest Mobile
Home Park RMU (Riverfront
Mixed Use
East: CR (Commercial
Riverfront Medical Office RMU (Riverfront
Mixed Use
South: PS
Public Service Church site INS
Institutional
West: CR (Commercial
Riverfront Shady Rest Mobile
Home Park RMU (Riverfront
Mixed Use
e. Site Characteristics
(1) Total Acreage:
3.05
2
(2) Current Land Use(s): vacant
(3) Soil: Archbold, satellite fine and St. Lucie sand
(4) Vegetation: Sand pine scrub
(5) Flood Hazard: X
(6) Water Service: Public water available
(7) Sanitary Sewer Service: Public sewer available
(8) Parks: Friendship Park - 1.25 miles
(9) Police/Fire: U.S. 1 Fire Station - .75 miles
Police - 1.25 miles
10
Comprehensive Plan Consistency: Several issues identified in the Comprehensive
Plan must be considered when evaluating this land use amendment.
Policy 1-1.2.2 General Pattern of Commercial Land Use of the City's Comprehensive
Plan Future Land Use element states "In order to promote efficient flow of traffic along
major thoroughfares cited in the Traffic Circulation Element, achieve orderly development
and minimize adverse impact on residential quality, commercial development shall be
concentrated in strategically located areas having location characteristics which best
accommodate specific land, site, public facilities and market location requirements of their
respective commercial uses."
Policy 1-1.2.1 General Considerations for Locating Commercial Development states
"The location and distribution of specific types of commercial activities shall be determined
based on the following considerations:
1. Trip generation characteristics, impact on existing and planned transportation
facilities and ability to achieve a functional internal circulation and off-street
parking system, with landscaping amenities:
2. Location and site requirements based on specific needs of respective
commercial activities, their market area, anticipated employment generation
and floor area requirements;
3. Compatibility with and impact on other surrounding commercial activities;
4. Relationship to surrounding land uses and natural systems;
5. Impact on existing and planned community services and utilities."
The location of the parcel along a state arterial roadway (U.S. 1) supports the request for a
commercial land use designation. The Riverfront Mixed Use designation provides for a
mixture of commercial, residential, recreational and institutional uses in the Riverfront
District.
3
11. Conformance with Code of Ordinances: The proposed rezoning and land use
amendment is consistent with the Code of Ordinances.
12. Changed Conditions: The City of Sebastian has recently annexed the Shady
Rest Mobile Home Park, and given it RMU land use and CR zoning. Future
redevelopment of Shady Rest will be consistent with those classifications. The
proposed land use and zoning for the Mustaccia property is consistent with the Shady
Rest property and other existing developed property in the area.
13. Land Use Compatibility: In general, the area is developed commercially, with retail
buildings like Wal-Mart and Home Depot, as well as medical and professional office
buildings. Future redevelopment of Shady Rest will also be commercial. The existing
residential land use and zoning (County designations) would be an unlikely use of this
land.
14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary
Area. Public water and sewer is available.
15. Natural Environment: Development the parcel will be required to provide open space,
landscaping and tree protection as required by the Land Development Code.
16. Economic Effect: The property is not within the corporate limits of the City of
Sebastian. However, annexation will provide an additional 3 acres of commercial land
area, which in turn creates an expanded tax base for the City of Sebastian.
17. Orderly Development: The proposed land use amendment provides for orderly
development given the location of the site adjacent to commercial property and the
availability of sufficient public facilities and access.
18. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to
create a general pattern of commercial land use. The location of this parcel along a
state arterial roadway (U.S. 1) and being adjacent to other commercial uses will facilitate
orderly development within a growing urban service area.
19. Other Matters: The requested comprehensive plan land use map amendment is small
scale (less than 10 acres), and will not be reviewed by the Department of Community
Affairs (DCA).
20. Conclusion: The requested land use designation of RMU (Riverfront Mixed Use) and
the requested zoning designation of CR (Commercial Riverfront) are consistent with the
Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances.
21. Recommendation: The City Council will consider the annexation for the subject
property. The Planning and Zoning Commission is required to make a recommendation
to City Council on the proposed land use and zoning designations. To do so, the
Commission is to assume the approval of the annexation. Staff is prepared to
recommend approval of the annexation, as a natural extension of our city boundaries.
Assuming approval of the annexation, staff recommends approval of a land use
designation of RMU (Riverfront Mixed Use) and a zoning designation of CR
4
(Commercial Riverfront) for the Mustacchia property.
22. Commission Action: Hold a public hearing and make a recommendation to City
Council for the Mustacchia property approving a land use designation of RMU
(Riverfront Mixed Use) and a zoning designation of CR (Commercial Riverfront).
REPARED BY DATE
5
Indian River County, Florida Property Appraiser -Printer Friendly Map
Page I of I
30382100001000000020.1 MUSTACCHIA JAMES & US HIGHWAY 1 SEBASTIAN, FL 32958
Notes
http://www.ircpa.org/PrintMap.aspx 5/13/2009
ParcellD OwnerName PropertyAddress
w-
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e
r
y
'C_'
tn.R.n. 7s5TF1 STREET) '
THOMAS W. QUESNEL
PROFESSIONAL LAND SURVEYOR & MAPPER
1060 DOUGLAS ST. &.E PALM BAY, FL. 38909
PHONE 321-951-0665 FAX 321-725.0733 PAGER $21-fi90-4475
LEGAL bESCRIP'TION:
THAT PART OF LOT 20, OF WAUREGAN SUBDIVISION, J.YING EAST OF WAUREGAN AVENUE
WEST OF U.S HIGHWAY No.i; LESS THE WEST 200 FEET THEREOF, ALSO DESCRIBED AS FOLLOWS:
BEGIN AT THE POINT OF BEGINNING FORMED BY THE INTERSECTION OF THE WESTERLY BOUNDARX OF U.S
HIGHWAY No.1, WITH THE SOUTHEASTERLY BOUNDARY OF LOT 20 WAUREGAN;
THENCEYROCEED NORTHWESTERLY ALONG THE WESTERLY RIGHT OF WAY OF U.S. HIGHWAY No. 1,
A DISTANCE OF 318.8 FEET,
THENCE PROCEED SOUTHWESTERLY ALONG THE COMMON BOUNDARY BETWEEN LOT 19 AND LOT 20
(WAUREGAN) A DISTANCE OF 440.77 FEET,
THENCE PROCEED SOUTHEAS'T'ERLY ON A LINE PAR_Ai i FL TO THE EASTERLX RIGHT OF WAY OF WAUREGAN
AVENUE A DISTANCE OF 315.19 FEET,
TIIENCE PROCEED NORTBEAS7'ERLY ALONG THE COMMON BOUNDARY BET WEEK LOT 20 AND LOT 21
(VYAUREGAN A bIST'ANCE OF 39L18 FEET TO THE POINT OF BEGINNING;
ALL IN WAUAEGAN, FLEMMING GBANT, ACCORDING TO THE PLAT FII.ED IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 73; AND REFII.ED IN PLAT
BOOK 1, PAGES 178 AND 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA;
SAID LAND BEING IN INDIAN RIVER COUNTY, FLORIDA,
LESS AND EXCEPT ROAD RIGHTS OF WAY.
SURVEY CERTIFIED TO:
FIRS'P NATIONAL BANK & TRUST COMPANY of the TREASURE COAST, ISAOA/AT1MA
PROFESSIONAL TITLE of INDIAN RIVER, INC.
COMMONWEALTH LAND & TITLE COMPANY, INC.
EDWARD R HOWLAND
CAROLE WAGNER
JOB # 1R.COJR/331D4-3
DATE OF SURVEY=I4IARCH 28,2004
DATE OF SKETCH= MARCH 30, 2004
TYPE OF SURVEY=BOUNDARY
FLOOD ZONE = X, MAP DATE = S / 4 / 1989, PANEL # = 0013, SUFFIX= E, FIRM MAP # =12061C 0013E
LEGEND:
Om SET S/8"IRON ROD RL3 #3280
OD ~ FOUND 3/4" IRON OIOE (NO LD..# )
lI1=FOUND 4"X S" CONG MONUMENT
SURVEYORS NOTES
1. CONTAINS 3.05 ACRES MORE OR LESS
2. LOT DEMENSION3 AND BEARINGS ARE A9 DEEDED (d) PLATTED (p)
SURVEYED (s) MEASURED (m) UNLESS OTHERWISE SHOWN.
a THE BASIS OF B1rARING iS ASSUMED WITH THE EASTERLY R/W OF
WAUREGAN AVE. (133'H St) BEARING N 43`b0' 00" W
4. PUBLIC UTHITIES INCLUDE BUT ARE NOT L1M1TID TO FT.A. POWER
AND LIGHT CO., BELLSOUTH, T.V. CABLE
5. THERE MAY BE ADDITIONAL RESTRICITONS THAT ARE NOT RECORDED ON THIS PLAT
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF BVDIAN RIVER COUNTY FLORIDA.
6. THIS PROPERTY'HAS NOT BEEN ABSTRACl'ED FOR EASEMENTS OR RIGHTS OF WAY
OF RECORD.
7. ADJOINERS SHOWN HAVE NOT BEEN SURVEYED BY THIS SURVEYOR
8. DRAWINGS ARE NOT TO B$ RELIED ON FOR SCALE PURPOSES
9. PROPERTY LIFE IN
10. NO INS71tUMEN'f'S.FORECORD REFLECTIN6EASEMENT'S, RIGITTSOF--WAY AND OR
OWNERSHIP WERE FURMSHED TO THE SURVEYOR EXCEPT AS SHOWN.
NO TITLE OPINION I3 EXPRESSED OR IMPLIED_
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE
FI.oRIDA LAND SURVEYOR AND MAPPER NAMED BELOW:
THOMAS W. QUESNEL
PROFESSIONAL LAND SURVEYOR & MAPPER
FLORIDA REGISTRATION NUM$ER 328U
//~G""Yd! ~l //v ~j .,-~ ~ 03/30/2004 '
SEAL ~I
REVISIONS: I
1.
i
Permit Application No.
~~
~T~N City of Sebastian
HOAAI.KANISUND Develoament Order Annlication
A licant If not owner, written authorization notarized from owner is re uired
Name:
Address:
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Owner If different from a licant
Name:
a,,,,. ~s m k.s -f a cc~h ~
Address:
~7 90 Co I.~c~-~. pr ~~~ c~ ~S c,b ~~s t ~ ~.~. ~ L 3 Z1sg
Phone Number: ( ) FAX Number: ( ) -
7Z - 38'~ - 9~ 3 Z.
E-Mail:
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FO THE PERMIT OR ACTION THAT YOU ARE R QUESTING.
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):
1'Y) ~ ~ f-c GL l-- i ~ r n c2.~ (,l S -~ 1~'-M ev1G~rYt an'F
B. Site Information
Address:
(,r - S- ~
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
~O - ,3 $~ - Z/ - Cj000 / _ ~GUO - 406 Z,p .
Zoning Classification: Future Land Use:
Existing Use: Proposed Use:
C Gfl-{-' COw~m trc .'a
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarvl:
GInG~u -tom ~ryw, Coin. fi~ L~- 2, ~~-,c~>,'c2cn+,-G~ ~~un~'r
~D~i'Y~ (~~-i~er -Fromm.-f 11'1 ~ X cc~ ~.{.S e~,
/Ce C!C
i
DATE RECEIVED:/~/ U 9 FEE PAID: $ RECEIVED BY:
Permit Application No.
D. Pro'ect Personnel:
A ant:
Name: ~-C~ ~ ~ ~- ~ ~ ~. u-~r ~ 'P+e~"~~c r S c5ti
Address
~~~5 5eb ~st~~ a ~
6 I ., ~.
Phone Number: ~~) S ~~ ` ~ 0,5~',f
Z FAX Number: ( ) -
E-Mail:
Attorne
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
En ineer:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Surve or:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
1, ~Uh ~ F"-~'^ ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I
AM THE LEGAL REPRESENT VE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE A D TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
~- ~ ~ Q /
IGNATU DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY '~ dZ'MJ KrN
W IS PERSONALLY KNO O ME OR PRODUCED
AS IDENTIFIC ITA ON THIS DAY OF , 20 D~_.
NOTARY'S SIGNATURE ~.,.~.t~
PRINTED NAME OF NOTARY w62
COMMISSION NO./EXPIRATION
SEAL: rwom~
DOROTHY M. BOSWORTH o
i ~~r~ Comm# DD0771489
_~ s Expires BJZSl2012
~r} ~ Florida Notary Assn., Inc
. ~~~uni~Yow~uu~uwww~u~ww~wnwN
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, _ THE 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 ~'ZC, ~ (-~~ ,
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AN VIEW E PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES DE ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SI N UR DATE
Sworn to and subscribed before me by _ ~f'Or(iJ XrN(r-.
who i ersonally known me or produced
as identification, this day of , 20 0~.
Notary's Signature ~~
Printed Name of Notary o - o
Commission No./Expiration
Sea L• _••••••••ppRp•THY M~~B08W¢FiTF! eo
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Permit Application No.
nn a
~~~ Supplementallnformation
HOMELICAN ISLAND Comprehensive Plan Amendment (Land Use)
ATTACH ADDITIONAL PAGES IF NECESSARY.
_ 1. Current land use map designation: ~~~ ~.~ ~'Z, [Q u,~L-~ /
_ 2. Proposed land use map designation: ~1'~ ~
~. ~ y~e~f rot M ~ xtirl. U~
3. Size of project in acres: .3
4. Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City
~ _ 6.
Permit Application No.
_ 7. What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
amendment? ~ha~-~ ~~e.-~~t- ~ ~ ~ ~x.wt, d~
- 8. Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not? Y ~S
Permit Application No.
11. Would the proposed amendment adversely affect the property values of the
area, the general health, safety and welfare and impact the financial resources
of the city? If so, describe how. JJ d
12. Does the proposed amendment result in an orderly development pattern? If
not, describe. ~~S
13. Attached the following:
~_ 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.
b. Attach 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.
/ c. A survey and legal description of the property for which the land use
amendment is being requested.
~~
~~AN City of Sebastian
HOME OF PEL~CANISIANn DeVe~onm P_1'lt nPrlR~r ~nr~lit+~+~.,.,
Permit Application No.
A licant If not owner, written authorization notarized, from.owner is re uired
Name:
Address:
Phone Number: ( ) - FAX Number: ( )
E-Mail:
Owner If different from a licant
Name:
~'~ m ~ S Ir}'1 tc_ s ~ h ~ ~ ~
Address:
Phone Number: ( ) - FAX Number: ( )
7~ Z - ~ Sg- 9t~ a z.
E-Mail:
Title of permit or action requested: p
F-~ ZEj ~n ; rt. f'o/- Ca v, r1 ~c.)c.-ec~ a'4 .-,Gt
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):
Im ~S `~-Cti C G ~'- ~ ~Z D --1 ~' ~ a
B. Site Information
Address:
~s
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
~o -3~' -ZI - dooo t -DOOo - ooc~o.
Zoning Classification: Future Land Use:
~ r-r1 - u ,~. ~ - Z.
Existing Use: Proposed Use:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarvl:
Gh~ ,.`G r ~ ~fd ~'1 Cot,. n ~- y ~ n'1-~~~i2-e s ~ a~.~ t, ~ ~
DATE RECEIVED: ~ g/ Q 9
2:.1-G. ~~~..`t 1
FEE PAID: $ RECEIVED BY: ~~
Permit Application No.
D. Pro'ect Personnel:
A ent:
Name:
~C~1r~~ ~i ~ ~ l
~G. k~ ~ ~-P~~-c-f~S c.L~
Address
yS 5~e,b Gs +~" a.-,
~ I J c~ .
Phone Number: ( ) - FAX Number: ( ) _
7~2-- S8q - ~ as y
E-Mail:
~:.. ~ ~ ~a. l ~
K- ~ .~ - G v v+^
Attorne
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
En ineer:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) _
E-Mail:
Surve or:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) _
E-Mail:
I ~ ~ 6C.lNG- ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
~ /~' /off
N E DAT-~-
SWORN TO IBED BEFORE ME BY ~'~ ~.~
WHO PERSONALLY KNOW ME OR PRODUCED
AS IDENTIFICA HIS DAY OF IVll4-~ ~ , 20~.
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
~s~eeum ......................
DOROTHY M.
a~..~,~~,""r""'' Comm# DD0771461
' E~ae 8r29I2012
of Fbrkie NotaryAser-.. 4rx ;
14oueuueuueueoee~aoe~e~nu„n.+s.,..c .,..
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, _ THE 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 _ PZ~- I Cl ~.. COU.Nc.tL
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW T PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMIS~M~c6E, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SI
RE
DATE
Sw rn to and subscribed before me by __ fi(r) -(.(~~.-
wh i ersonall known a or produced
as identification, this da ref m ~~ , 2p~.
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
C~mm# pt747'f1481
Explrse, g/28/'2012
Fbrlde Notary Aasn., he
Permit Application No. _
""~ Supplemental Information
~~~3' Rezoning Request
' ATTACH ADDITIONAL PAGES IF NECESSARY.
HOME OF PELICAN ISLAND
_ 1. Proposed zoning:CD ~~ ~cl~` ~ ` p ~ J~~ ~~~~ }
_ 2. Explain how the proposed rezoning is consistent with the other elements of the
comprehensive plan.
3. Explain how the proposed rezoning is in conformance with applicable substantive
requirements of the City of Sebastian Code of Ordinances.
4. What land use and development changes have occurred since the effective date
of the comprehensive plan which are relevant to the proposed
amendment? ~~ ~ dl ~ ~-~-t5~' A'n ~n ~,c~-t ,-~,,,~ ~a ,•~ d~
5. Explain how the proposed rezoning is compatible with the existing or future land
uses of the City.
_ 6. Are there adequate public facilities to serve the proposed Land use?
~ ~S
Permit Application No. -
- 7. Explain how the proposed rezoning will not result in a significant adverse impact
on the natural environment.
10. Attach the following:
fA verified statement showing each and every individual person having a
legal and/or equitable ownership interest in the property upon which the
application for rezoning is sought, except publicly held corporations, in
which case the names and addresses of the corporate officers shall be
sufficient.
b. 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.
v. A survey and legal description of the property to be rezoned.
James Mustacchia
790 Concha Drive
~~- - ~_ ~ t~?~4
Sebastian, Florida 32958
(772) 388 9632 ~'.~ ~~'t:~i ~~~~~~k <<
James Mustacchia(a,Hotmail.com
April 14, 2009
To Whom It May Concern:
Please accept this note as confirmation of my permission to have Laura Petersen and John King, both of
King Realty, represent me in having my 3 acre property on US HWY 1 in Sebastian, Florida annexed into
the Sebastian City limits.
I can be reached at the above number and a-mail should there be any questions.
I can also be reached directly at a European mobile number: 011 49 173 7075136.
Signed,
James IVlustacchia
MULTPLE USiiNG SEgVICE
MLA
945 Sebastian Blvd. • Sebastian, Florida 32958
Tel: (772) 589-3054
Fax: (772) 589-7557
4/15/09
..,
Rebecca Grohall, AICP
City of Sebastian
Director
Growth Management Department
1225 Main St
Sebastian, FL 32958
Dear Rebecca:
APR ~ ~ zoo9
t4 A
We are hereby requesting annexation of parce130-38-21-00001-0000=00020.1 (copy attached) into the City
of Sebastian and are requesting a zoning change to CR with a ]and use of RMU. Per our conversation with
Mr. Mustacchia, I understand that the city has agreed to waive all fees to annex said property.
I have attached a letter of authorization from James Mustacchia, who is the owner of the property.
If you have any questions, please do not hesitate to contact me.
Sincerel ,
John A. King
JAK:hnp
Enclosures (2)
rnvoF
.. ~ ~_.~
HOME OF PELICAN ISLAND
GROWTH MANAGEMENT DEPARTMENT
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32458
TELEPHONE (772) 589-5518 ^ FAX (772) 386-8248
TO: Local Planning Agency
FROM: Growth Management Staff
DATE: May 12, 2009
RE: Recreational Vehicle Parking
At the request of City Council, staff has been asked to further define parking regulations
for recreational vehicles which by definition includes boats, trailers, travel trailers and
motor homes.
Ordinance 0-09-OS is attached for your consideration. A definition of "front building
line" is proposed to refer only to the main structure and would exclude projections of the
garage or carport. For visual reference and discussion, several scenarios are attached for
your assistance.
Recommended Action:
Review Ordinance 0-09-05, and make recommendation to City Council to approve.
ORDINANCE NO. 0- 09-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING
TO THE PARKING AND STORAGE OF RECREATIONAL VEHICLES;
AMENDING SECTION 54-2-7.13 (b)(4) OF THE LAND DEVELOPMENT
CODE; REQUIRING SUCH PARKING AND STORAGE TO BE BEHIND
THE FRONT BUILDING LINE WITHOUT REGARD TO ANY CARPORT
OR GARAGE; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, as follows:
Section 1. That Section 54-2-7.13 (b)(4) Code of Ordinances, City of Sebastian,
Florida, is hereby amended to add the following:
Sec. 54-2-7.13 Mobile homes, travel trailers, campers, boats, trailers, and
recreational vehicles.
*,~*
(b) Parking and storage of recreational vehicles. Recreational vehicles as
described herein may be parked, stored or placed on any improved lot in
any residential district, provided that:
*,~*
(4) The recreational vehicle is located to the rear of the front building
line, and in no event less than 25 feet from the front lot line, or is located
wholly within a carport or garage.
For purposes of this subsection (4) the term "front building
line" is defined as the wall of the main structure facing the
street where the primary entrance to the main structure is
located. The term does not include a garage a carport or
any portion thereof.
**
Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City Council of the City of Sebastian did not intend to
enact such invalid provision. It shall further be assumed that the City Council would have
enacted the remainder of this Ordinance without said invalid provision, thereby causing said
remainder to remain in full force and effect.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by
the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Richard H. Gillmor
Vice-Mayor Jim Hill
Councilmember Andrea Coy
Councilmember Dale Simchick
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2009.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Richard H. Gillmor
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
* The underlined portion constitutes the proposed amendment.