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HomeMy WebLinkAbout04032008 PZ Agendaan a ~E~~'L~N ~..:V. ~. HdME dF PE4ICAN ISLI~ND 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, APRIL 3, 2008 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Regular Meeting of 3/6/08 6. OLD BUSINESS: 7. NEW BUSINESS: A. Quasi-Judicial Public Hearing -Site Plan & Conditional Use Permit - Good Year Tire Center - 6,864 SF Retail 8v Vehicular Service Building - 9260 Sebastian Boulevard, Sebastian Crossings Commercial Subdivision - The Sheron Group, Inc. - CG Zoning District 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. ~~ _, -~, ~. ~ r--~ - __ ~.l+~L ~. FBOME OF YEL[CAN ISIAND Growth Management Department Site Plan Review Staff Report 1. Project Name: Good Year Tire Center 2. Requested Action: Site plan approval fora 6,864 SF retail & vehicular service building along with required parking, stormwater, and landscaping 3 4. Project Location a. Address: 9260 Sebastian Boulevard b. Legal: Lot 2, Sebastian Crossings Commercial Subdivision c. Indian River County Parcel Number: 31-38-22-00003-0000-00002.0 Project Owner: 5. Project Agent: 6. Project Engineer: 7. Project Surveyor: Sebastian Development Partners 2, LLC Mr. Scott Sheron, Manager 8000 Peters Road, 2"d Floor Ft. Lauderdale, Florida 33324 (954) 693-8686 Fax (954) 693-0087 Robert E. Leon, PE MBV Engineering, Inc. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 Fax (772) 778-3617 Daniel D. Garner, PSM William Mott Land Surveying, Inc. 3716 N. Wickham Road, Suite 3 Melbourne, Florida 32935 (321) 751-4444 Fax: (321) 751-4445 1 8. Project Description a. Narrative of proposed action: The Sheron Group, Inc., on behalf of Sebastian Development Partners 3, LLC and Good Year Tires, has filed a site plan application fora 6,864 SF retail and vehicular service building to be located on Sebastian Boulevard in the Sebastian Crossings Commercial Subdivision near the CR 512/510 intersection, west of the Sunoco Gas Station, and east of the Sebastian River Middle School. The project consists of a one-story structure together with associated service bays, parking, water and sewer service, drainage, and landscaping. Access to the site will be via a subdivision entrance driveway on CR 512 and an entrance from Sebastian Crossings Boulevard. Water and wastewater service to the site is accomplished via connection to Indian River County Utilities. The site consists of .80 acres, of which .642 acres will be impervious (80%) and .161 acres will be open space (20%). b. Current Zoning and Land Use: Land Use: CG (General Commercial) Zoning: CG (Commercial General) c. Adjacent Properties North: East: South: West: Zoning Current Land Use Future Land Use PUD-R Residential Subdivision LDR CG Advanced Auto Parts CG A-1 Farmland (IRC Jurisdiction) L-1 CG IRC Stormwater Tract CG d. Site Characteristics (1) Project Area: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: .80 acres Vacant Riviera None Zone X Indian River County Utilities Indian River County Utilities 2 (8) Parks: North County Rec. Park - .25 miles Dale Wimbrow Park - 3 miles (9) Police/Fire: Indian River Fire - 2 miles Sebastian Police - 4.5 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: 21.80' c. contours and designated number of dwelling units: 0 d. square footage of project area: provided - 35,002.8 SF e. building coverage: 6,864 SF = 19.6% (30% maximum) f. square footage of impervious areas and open area: impervious 27,987 SF = 80% (80% maximum) open 7,015 SF = 20% (20% minimum) g. setbacks: provided - in compliance with zoning regulations Required Proposed Front: 0' 63.5' Side: 5' 57' Side: 5' 48' Rear: 10' 27.5' 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: provided k. building height: provided: 26.3' top of parapet (maximum 35'). I, location and character of all outside facilities for waste disposal, storage areas, or display: Provided -rear dumpster, screening will match building finish and colors m. location and dimensions of all curb cuts and driveways: provided n. number of spaces with their location and dimensions: provided Parking Required: Vehicular Service -Two spaces for each bay, plus 1 space per 400 SF of office and/or sales area: 10 service bays = 20 spaces 2,860 SF office/sales area = 400 SF = 7 spaces Parking Provided: 30 spaces (28 regular, 2 H/C) o. details of off-street parking and loading areas (including requirements of Article XVJ: provided -one loading space meeting required size dimensions, has been provided in southwest corner of site. p. all off-street vehicular surfaces available for maneuvering: provided q. surface materials: provided r. number of employees: undetermined s. type of vehicles owned by the establishment: undetermined 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 v. location, size, character, and height or orientation of all signs: Location provided for monument sign -sign itself will require separate zoning review and building permit w. location and character of landscaped areas and recreation areas: provided 4 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 -The master stormwater system for the commercial subdivision has previously been permitted by SJRWMD. 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 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 - Section 54-4-21.B.3(b)(3) states "The materials, exterior finishes, signage and colors of shopping centers and structures developed on shopping center outparcels shall be compatible and harmonious with each other as determined by which structures are developed first." The proposed building elevations are exactly the same as the previously approved Advanced Auto Parts Store on Lot 3. The light and dark paint colors will be reversed on the Good Year building so as to prevent a "monotonous" visual color scheme within a section of the corridor. b. location and screening of mechanical equipment, utility hardware and waste storage areas: provided -with screening c. commercial and industrial activities conducted in enclosed buildings: yes d. exterior lighting: provided -with details 13. Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design and access/egress considerations: provided b. separation of vehicular and pedestrian areas: provided 5 14. Traffic impacts: Provided - A complete Traffic Impact Analysis was submitted, reviewed, and approved by the Indian River County Traffic Engineering Department 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: A private well, location shown on the landscape plan, will be used for the irrigation system. A separate irrigation permit is required for the complete irrigation plan. j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non- vehicular open space, perimeter and interior landscape strips, and required number of trees: provided k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: provided -none 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 -none 6 o. Location, dimensions and area of landscaping for freestanding signs: Provided p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: provided 16. Required screening of abutting residential and nonresidential uses: none required 17. Flood prone land and wetland preservation: n/a 18: Surface water management: provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21: Soil erosion, sedimentation control and estuary protection: provided 22. Performance Overlay District Requirements: Provided - The proposed site plan meets the intent and requirements of the CR 512 corridor vision. The architectural/building standards, colors and building graphics, and landscaping codes have been met. The special sign regulations will be reviewed and verified under a separate building permit process. 23. Additional considerations: A conditional use permit is required and has been applied for the proposed vehicular service use within the Commercial General Zoning District, and must be approved by the Planning and Zoning Commission. A separate staff report has been prepared for this application. Section 54-3-14.11(a) of the LDC states "If an existing landscape strip is provided on the adjacent lot, the required landscape strip may be reduced to five feet in width upon the recommendation of the planning and growth management director and approval of the planning and zoning commission." The Advance Auto Parts site plan was previously approved by the Commission indicating a shared perimeter landscape buffer on the west & east property line with the Good Year Tire Center site. CRF Panther II, LLC, developer of the commercial subdivision, final platted under a performance bond in order to convey ownership of the lots before subdivision improvements were completed (access drive aisle, master stormwater tract and catch basins, utilities, etc.). Currently, improvements are almost complete with final grading, landscaping, and upland area buffers and signage to be completed. The city attorney opined that individual site plans and building permits could be applied for and processed, but the subdivision needed to be finalized before Certificates of Occupancy for each site could be issued. 7 As-builts surveys and final civil engineering certifications must be approved and accepted by the Growth Management staff and City Engineer in order to issue a Certificate of Completion and release the performance bonds for the subdivision. IRC Fire Department, IRC Utilities Department, and Environmental Health Department comments have been addressed. 24. City Engineer's review: Applicant has addressed all comments. 25. Conclusion: The proposed 6,864 SF retail and vehicular service building site plan is consistent with the Comprehensive Plan, Land Development Code, and CR512 Corridor Overlay District Requirements. 26. Recommendation: Staff recommends approval of the proposed site plan with the following conditions: 1) Conditional Use Permit application for vehicular service use is approved. 2) Sebastian Crossings Commercial Subdivision's final survey and civil engineering final certifications must be approved and accepted by the Growth Management staff and the City Engineer before a Certificate of Occupancy is issued for the site plan. ~a..~ ~ ...~. - 3 zg o PREPARED BY D E 8 rnr of ~y~~' •`~~ ~ ~ ; '~, ~I ~~` `~ .. HOME CtF PELICAN ISIAIdD 0 Growth Management Department Conditional Use Permit Application -Staff Report 1. Project Name: Good Year Tire Center 2. Requested Action: Conditional use approval for proposed vehicular service within the Commercial General Zoning District 3. Project Location a. Address: 9260 Sebastian Boulevard b. Legal: Lot 2, Sebastian Crossings Commercial Subdivision c. Indian River County Parcel Number: 31-38-22-00003-0000-00002.0 4. Project Owner: Sebastian Development Partners 2, LLC Mr. Scott Sheron, Manager 8000 Peters Road, 2"d Floor Ft. Lauderdale, Florida 33324 (954) 693-8686 Fax (954) 693-0087 5. Project Engineer: Robert Leon,, P.E. MBV Engineering, Inc. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 Fax (772) 778-3617 6. Project Surveyor: Daniel D. Garner, PSM William Mott Land Surveying, Inc. 3716 N. Wickham Road, Suite 3 Melbourne, Florida 32935 (321) 751-4444 Fax: (321) 751-4445 7. Project Description a. Narrative of proposed action: The applicant is requesting approval of a conditional use permit for vehicular service within the Commercial General Zoning District as part of a site plan fora 6,864 SF Good Year Tire Center which is proposing 10 service bays, and an office/sales area. b. Current Zoning: CG (Commercial General) c. Current Land Use: CG (General Commercial) 1 d. Adjacent Properties: Zoning North: PUD-R East: CG South: A-1 West: CG Current Land Use Residential Subdivision Advance Auto Parts Agriculture (IRC Jurisdiction) IRC Stormwater Tract Future Land Use LDR CG L-1 CG 8. 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 9. Required Findings: a. Be so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. The vehicular service use will not adversely affect the public health, safety and welfare of the surrounding commercial, residential and school community. All State and Environmental Health Department regulations will be enforced regarding disposal of tires and vehicular waste. b. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. The proposed use is consistent with the intent of the surrounding commercial zoning district and does not present an unduly adverse effect upon other properties in the impacted area. c. The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties. The site is not contiguous to residential properties. The residential subdivision to the north is buffered by a 1.7 acre stormwater tract and 2.65 acre wetland and conservation tract. 2 d. Conforms to all applicable provisions of the district in which the use is to be located. The proposed use is consistent with the provisions of the CG regulations. e. Satisfies specific criteria stipulated for the respective conditional use described in subsection 54-2-6.4(41): 1) The use shall satisfy all of the requirements of Secfion 54-2-7.6 Aboveground storage of gasoline and other combustible fluids are not being proposed. 2) A minimum lot area of 10, 000 square feet with a minimum lot width of 100 feet on a major thoroughfare and a minimum lot depth of 100 feet shall be required. No site may abut a residential district. The lot size is 35,002 SF, 157' X 223', and does not abut a residential district. 3) No building or structure, gasoline pumps, tanks, vents, pump island, or canopies, excluding signs, shall tie located within 25 feet of any street line. The front building setback is 63.5 feet, and gasoline pumping services are not being proposed. 4) No more than two curb cuts shall be permitted to any one street frontage. There are not any curb cuts proposed for this site -access from CR 512 will be via a subdivision entrance driveway on Lot 1. 5) The site plan shall provide for efficient internal circulation of vehicles on- site. Provided. 6) In cases where a service station is /ocafed on-site in conjunction with a retail sales establishment such as a neighborhood convenience store, the retail establishment shall be adequately separated from the fuel pumps and service area. N/A 7) Special location requirements: • All receptacles, tanks or facilities for the storage of combustible products in excess of 200 gallon quantities shall be located underground and within all required setbacks. Flammable materials shall be stored within the building setback lines and in a manner satisfactory to the fire department chief and the city engineer. Tires will be stored within the building and required fire suppression systems will be reviewed during the building permit process. • When a service station dispensing flammable liquid becomes vacant for a period exceeding 30 days, the property owner or leassor shall be required to remove from the site in a safe manner all flammable liquids and materials on the site. Notwithstanding, all underground storage tanks shall be secured in accordance with NFPA standards. N/A 3 All services and repairs not of an emergency or short term diagnostic nature shall be conducted entirely within a building. All merchandise and material for sale shall be displayed within an enclosed building except That oil for use in motor vehicles may be displayed or sold from an appropriate rack or compartment at the convenience of the customer and station attendant. Acknowledged by the applicant. Storage of inoperative or unregistered motor vehicles generally shall not be permitted on the premises. However, motor vehicles which are being serviced may be stored in appropriate outside parking areas for a period not to exceed eight days. Acknowledged by the applicant. 8) Landscaping. All vehicle storage areas, aisles, travel lanes, driveways, and other outdoor areas designed for the use of vehicles being serviced or maneuvered shall conform to landscape requirements for off-street parking areas (reference section 54-3-14.11(c)). A combination berm and hedge is being provided within the site's entire perimeter. f. Consistent with the Code of Ordinances and Comprehensive Plan. The proposed vehicular service use is consistent with the Code of Ordinances regulations and Comprehensive Plan elements. 10. Special Criteria: none 11. Other Matters: Article XXI, Performance Overlay Districts: Section 54-4- 21.3(b)(1) & (2) states "Outdoor displays - No outdoor displays shall be permitted unless approved by the planning and zoning commission pursuant to Section 54- 3.10.2(d)" and "Uses with vehicle and service bays -Uses involving vehicle and service bays that are oriented perpendicular to CR 512 are allowed only if a Type B buffer with a four-foot high opaque feature is proved along the site's CR 512 frontage." The site plan does not propose any outdoor display area, the building is perpendicularly-oriented to CR 512, and a Type B buffer along Sebastian Boulevard is proposed (1.5' berm + 2.5' hedging). 12. Conclusion: A conditional use permit for vehicular service within the Sebastian Crossings Commercial Subdivision would be consistent with the Comprehensive Plan and Land Development Code. 14. Recommendation: Staff recommends. approval of the Conditional Use Permit Cam, Nary ~ ats 0~' PREPARED BY ~~ DAT E 4 Wallace + perdomo, inc. 165 madeira avenue, suite 1 coral gables, fl 33134 March 24, 2008 Ms. Dorri Bosworth City of Sebastian Growth Management Department 1225 Main Street Sebastian, FL 32958 RE: Color Chart Proposed Goodyear Site Plan, No. 07-132 9260 Sebastian Boulevard Sebastian, FL 32958 EP-1 Sherwin Williams # SW 6078 Realist Beige (Exterior block walls below horizontal EIFS band, including metal doors) E P-2 Sherwin Williams # SW 6087 Trusty Tan (Exterior block walls above horizontal EIFS band, including EIFS band and fascia) iN+p protect Management Services RECEI0lE~ MAR 2 7 ~', 2gOq ~ ~ ~ Growth i~gnt. 1 City of Sebastian Development Order Application Permit Application No. A plicant (if not owner, written authorization (notarized) from owner is required) Name: L Sebastian Development Partners 2,-4+~e~ Mr. Scott Sheron Address: 8000 Peters Road, 2nd Floor Ft. Lauderdale, FL 33324 Phone Number: (954) 693-8686 Fax Number: (954) 693-0087 E-Mail: ssheron@sheron roup.com Owner (if different from a plicant) Name: Same as ap licant 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 8 112" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): Goodyear Tire Center B. Site Information Address: T£-R5'F2 ! ~~ ~~ ~ Lot: Block: Unit: Subdivision: 2 Sebastian Crossings Comm. Indian River County Parcel # : 31-38-22-00003-0000-00002.0 Zoning Classification: Future Land Use: CG C Cr Existing Use: Proposed Use: ~~tC..i,~~~ Vacant Retail ~E]2U' (CE C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Construction of a Goodyear Tire Store on cleared out parcel of a master planned commercial subdivision. DATE RECEIVED: ~~~ `07 FEE PAID: ~oZO~•~ RECEIVED B (~,~,!# /olc~ Form CD-2001 Pa e 1 of 3 Develo ment Application Approved: 08-27-97 Revision: File Name: DOA D. Pro'ect Personnel: A ent: N/A Name: Address: Phone Number: ( Fax Number: ( ) E-Mail: Attorne Mr. Warren Dill, es . Name: Dill & Evans, P.A. Address: 1565 US Hw . 1; Sebastian, FL 32958 Phone Number: 772) 589-1212 Fax Number: (772) 589-5212 E-Mail: N/A En ineer: 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: robertl@mbven .com Surve or: Mr. Daniel D. Garner, PSM Name: William Mott Land Surve in ,Inc. Address: 3716 N. Wickham Road, Suite 3; Melbourne, FL 32935 Phone Number: (321 751-4444 Fax Number: (321) 751-4445 E-Mail: N/A 1, Mr. Scott Sheron ,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 APP ON A C URATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ,,OrvA~£ L 2/ d nature Date rn to and subscribed before me by ~A-rr~-~ ~~+~ Who is personally known tom or produced rz~ NA ~cvo,,t,N as identification, this 2 ~`~ day of ~~~ S~ , 200 ., NOTARY'S SIGNATURE ~ PRINTED NAME OF NOTARY COMMI . ~~~ SEAL: MvCOMMISSIONf+DD638597 EXPIRES: February t 1, 2011 1 •sna~-NOTARY FI. NoRary Discown Assoc. Co. Form CD-2001 Pa e 2 of 3 Development Ap lication 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 IM/E MAY 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. n~A~--.P~ fe ~ Z i ~ ~ Si ture Date Sworn to and subscribed before me by ~G~-rc-~-- ~+ ~2o'u Who is personally kno o.r~e or produced ~.C~So n,a ~ nr as identification, this ~ ~~#- day of v1~vt~'f" , 200 O NOTARY'S SIGNATURE PRINTED NAME OF NOTARY ~ lo~~e ~f+~clA COMMISSION ND./EXPIRATION "'`' SEAL: ~.,~,.,,~' qT irr ~ ::'..':;Its nr i t n.,ii ~r' •~ .IU838597 `~~~ 1.;r... _ ~ .ary ! 1.2011 ,a,,,,,,,,,~.,,,, fl.botaryDisco,mtAssoC.Co. Form CD-2001 Pa e 3 of 3 Development Ap lication Ap roved: 08-27-97 Revision: File Name: DOA Supplemental Information Permit Application No. Site Plan Approval X 1. Site size in acres or square foot: 0.804 AC. X 2. Area of impervious surface in square foot: 8750 SF X 3. Area of pervious surface in square foot: 26,252 SF X 4. Attached the following: X a. Twelve copies site plan with lot configuration, finished ground floor elevations, contours an designating number of dwelling units, and setbacks to scale indicating compliance wit regulations. (Two sets must be sealed.) X b. A scaled drawings of the sides, front, and rear of the building or structure, generalized fly 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 th State of Florida. X d. A land survey with complete legal description prepared and certified by a reg surveyor. ~e. A traffic impact analysis, if required. -~u.8ntij~'O ~ ~ ~~R~J,.~ ~~,~.. 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 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 Pa e 1 of 2 Site Plan A proved: 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 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 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 plan and describe the character of landscaped areas and/or 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 Bernal 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 Pa e 1 of 2 Site Plan A proved: 08-27-97 Revision: File Name: Sisite I ~~ City of Sebastian HOME OFPELKANISLAND Develoament Order Application Permit Application No. A licant If not owner, written authorization notarized from owner is re wired Name: ~ ~ ~ (~~ rI^~S ~~ LL _ 'r'~,i r 7Y, 1 ~'{`- Address: d ~S 2 r k. rdafe F ~ 33 324 Phone Number: (/i~) f ~ 3 - ~~ FAX Number: ~~-~ ) ~3 - ~~~-' E-Mail: ~S~'1Q.ir~n ~ ~~DY1 YDUP~ w ~CYI Owner If different from a licant Name: ~o~-~rY1lZ• Q1S ~~`ICC~.(l~ Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail Title of permit or action requested: ~a,i}~~an~f Use 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): ,~- C~©c~ ~ f ear' ~ - r~ '~~e~r B. Site Information Address: n 2~ i n Lot: ~ Block: Unit: Subdivision: an G ~ C©mrnerc+a( Indian River County Parcel #: Zoning Classification: n~ Future Land Use: Existing Use: ~ Proposed Use: i C. Detailed description of propo,~ed activity and pu~pose of the requested permit or action (attach , , DATE RECENED: ~/ ~ / a~ FEE PAID: $ ~ RECEIVED x/019 Permit Application No. D. Pro'ect Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail Attorne rr 1 Name: ,~; ~, ~ ~ , Address ~5C~5 ~lS ~tw ~ fi n ~~ q5 Phone Number: (--n2) ~J$q - ~ 2l 2. FAX Number: (~-r-12 ) 5$q 5Z ~ 2 E-Mail: N i Q. Name: `/ V ~ 1 L. Address ~~~~ i ~ ~ r r Phone Number: (~2) ~ - ~~35 FAX Number: ~l-1 (~--~2 ).~.~~- E-Mail: ~d ~~~ I rnbve,~. , ~o m Surve or: ~S Name: ^ ~~ i a L 1 Address ,,, ' ~ ` ~ ,; S vV ~ J ~' IJUUr 5 Phone Number: (3~ )--~~ l - ~U~~ FAX Number. (321) ~-~~~- (.,~~US E-Mail: ~ n I, ~~ ~r -~ ~(~ ~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ~C 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 ACCU TE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. MAti~f~ ~~z l ~'~ IGNATUR DATE WORN TO AND SUBSCRIBED BEFORE ME BY ~C~Tr ~N~ (~-v N WHO IS PERSONALLY KNOWN TO ME OR PR DUCED ~Q~ A Np'yvdV AS IDENTIFICATION, THISL~yJ-- DAY OF in ~, NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMI ALIC~ASI~ SEAL: ~ "~ ®MY COMMlSS10N # Dp638597 ~p~: F~uary l 1, 2011 FI. Notary l ~~' Co. I,tgpy.NOTARY 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 DESCRIB D WHICH IS THE SUBJ CT 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 TH 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 PRO IS'C'Si MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. MAiv,Aw IrrG ~ / Gj1 IGNATUR DATE Swom to and subscribed before me by ~ ~" ~~-}~2d'`~ who is personally known to me or prod ylced ¢,,(~-~~awo~-W} ~ -ypw,-u as identification, this ~~ day of ~It/IG.V~~~'~ _ , 20 ~~~ Notary's Signature ~' Printed Narne of Notary `~ Commission No./Expiration _ Seal ,~ ALICE OCASIO MY COMMISSION # DD638597 EXPIRES: February l (, 201 I 1•iG>tl•3•NOTARY FI. Notary Discount Assoc. Co. ~~ S~~~N Supplementallnformation ~~~`" Conditional Use Permit HQME OE PELICAN ISUtND Permit Application No. 1. Describe the use for which this conditional use permit is being requested: ~Phi~,~(~~ ~~yice aid ~ ~~~n~e 2. Describe how the proposed use is designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. If not, why not: ~rOSS~naS (~mYnexccal~2div~si~n f; ~~ d~siQ~c~ -~ me~~ all ~ Cif o-F Se~sfi~n ~~rditior~a~ l~ ~,r~~~~~ ~, 3. Describe how the proposed use will not adversely effect other properties. If not, why not: ~h-~~sed Sl~-2 ~~1II ~ V1S~V S ~r~~ ~~ d ~ b' t~~ ~ ~~ ~~,r~-~~.r rrour~ci ~ na ~InP ite L ~ cur ~~.~s ~xQ ~~~~o , ~.~ynQ C~~12 ~ ~~~c~s i IPrC~yid ~ V ~ ~hYU ~ , ~C~as~i a~n ~~ ingS ('Dr~rn~~rcria-1 ~c~~l- ~, 4. Each conditional use has specific criteria which must be satisfied for approval. The criteria for the various uses is described in subsection 54-2-6.4 of the Land Development Code. Attach a statement addressing the applicable criteria. Ask staff for a copy of the criteria applicable to your request. n (,~ ^ `^~ . 5. 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. Sj ~ ' CONDITIONAL USE CRITERIA ' ~ § 54-2-6.4 rb ~' Conditional use criteria. Public and private utilities such as electrical substations and distribution facilities, sewage pumping facilities and water storage and pumping facilities will be allowed provided the following conditions are met: ~` 1. Site plan proposed by a Florida registered~engineer shall show the proposed utility together with an existing system of which the proposed system will be - an integral part. A statement shall be submitted which explains the function of the proposed improvement and its consistency with any overall utility -~- system plan as well as the comprehensive plan. + f=~.; 2. No portion of the site shall be used for outside storage of materials or equipment, or for repairing or servicing vehicles and equipment without ,~ ~a.'~ ~ sufficient land area and appropriate screening_to buffer adverse impacts as ~'~ approved by the planning and zoning commission. s 3. Screening: All front, rear and side yards shall be screened ~in accordance ,~; ~~ ' ~ " ~ with the standards established in section 54-3-14.16. ~~~~;. , 1:},'`'TUehicular service and maintenance: ~`~;~ ~ Applicable zoning districts:'Automotive service stations shall be permitted as a ;~;.' ` conditional use within the following zoning districts: CG and CR. b: ' Conditional use criteria. Automotive service facilities, including those that dispense retail automotive fuels and oils for the operation of motor vehicles either as a principal or accessory use ~ on the premises, will be allowed provided the - following conditions are met: 1. The use shall atisfy all of the re uirements of section 54-2='7 6. °~' se`+" °n pt-opose~ s~~t Sa„~.,`'S.~.e a\ ,ie~ I?e, c..;rar..sh~s 5y-Z=7. ~n . A m;n;,,,um lot area of 10,000 square ~eet wi~h a minimum~ot width of 100 feet on a major thoroughfare and a m~n;,,,um.lotdepth of 10~feet shall be oZSF required. No site may abut a' esidential district: ~~c~o~ose. S~'~ t 1 S '35, ~ ~ 223 sr'k d e o,n~ ~ 5l0.0 ,~ 1- ~i d2 No building or s~uc~ure, gasoline pumps, tanks, vents, pump .island, or cano ies excluy}ing signs, shall be loc ted within.25 feet of any s eet line. -r -,e 6 w: \ dd~! : n e.~t- : ~ a c.~d (~/~ S ~~r ~c-o m C i2. 5 l 2. No more than two cub cu~s s~all be permitted t 'dtiy one street frontage. Curb cuts shall be restricted to a maximum width of 30 feet, shall be located no closer than 30feet to aright-of--way intersection, -and shall be at least ten feet removed from property lines, A minimum fifteen-foot separation shall (~ be maintained between curb cuts. IJ o C v. r b c ~~S ~~ ~ P ° S t The site plan shall. provide for efficient internal irculation of vehicles on-site. S ~ } e. P 1 °, h ~ u ~ ; ~ e.5 , ~2~~ i C i e /~• i X11' ~ f r- 0., Incases where a service station is located on-site iri conjunction with a retail sales establishment such as a neighborhood convenience store, the retail establishment shall be adequately separated `from the fuel pumps and service areas. The internal circulation system and parking areas shall provde,for_ safe.and efficient;on-site maneuvering o~ all:_vehicles using the site: ~ ~ ~ CiC' a ~' GC' ~0-.... ~. L~ a.1- iS~ ~ LDC621 ~~ C § 54-2-6.4 Sebastian Land Development Code 7. Special location requirements: `" _~ (a) All receptacles, tanks or facilities for the storage of products in excess of 200 gallon quantities shall be loc ground and within all required setbacks. Flammable mater . stored within the building setback lines and in a manners to the "fre department chief and the city engineer. ~ I (b) When a service station dispensing flammable liquids beco for a period exceeding 30 days, the property owner ox les" required to remove from the site in a safe manner all flamm 'and materials on the site. Notwithstanding, all undergro tanks shall .be secured in accordance with NFPA standard (c) " All services and repairs not of an emergency or short tern nature shall be conducted entirely within a building. All;": and "material for sale shall be displayed within an enclo -except that oil for use in motor vehicles maybe displayed` an appropriate rack or compartment at the convenience "tomes and station attendant. C~ (d) Storage of inoperative or unregistered motor vehicles ger .not be permitted on the premises. However, _ motor vehiclE being serviced maybe stored in appropn~ outside parki ~- a"period not to exceed eight days. " .A C 8. Landscaping. All vehicle storage areas, aisles, travel lanes, dri other outdoor areas designed for the use of vehicles being maneuvered shall conform to landscape requirements for off-sty areas (reference ection 54-3-14.11(c)). ~ C.~ , S2-~ S~. ~e~ ~~.rcQ Sc~P~ 1ar1 ~ G'~ ~ . (42) Vehicular storage area (common): a. Applicable zoning districts: Vehicular storage area (common) shall i as a conditional use in the following zoning districts: R-MH. " b. Conditional -use criteria. Vehicular storage area (common) will- - provided the following conditions are met: 1. 2. r 3. Surfacer Such storage areas shall have a surface meeting the pr section 54-3-15.9 of this code. Screening: All storage areas shall be enclosed by a "security properly screened from neighboring residences in accordance w 54-3-14.16. All storage areas shall be a m;n;mum of 30 feet from t home site. Site plan review: Such storage areas shall undergo a site plan accordance with article XVIII of this code. I:DC6:22 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 6, 2008 Chairman Paul called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL• PRESENT: Mr. Buchanan Mr. Cardinale Mr. Dodd Mr. Paul Mr. Blais EXCUSED: Mr. Simmons ALSO PRESENT: Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Linda Lohsl, Recording Secretary ANNOUNCEMENT: Mr. Simmons is excused. APPROVAL OF MINUTES: Regular Meetings of 1/17/08 ,~~ ~~` a ."~~,?. a ~ y ~! s"' ~ =.:- ., r ~-~ vd~ t ~ ~~~ -_ .;.~ ~ MOTION by Dodd/Cardinale to approve the minutes of 1/17/08. A voice vote was taken and all were in favor. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: QUASI-JUDICIAL PUBLIC HEARING - CONDITIONAL USE PERMIT - MODELHOME RENEWAL - 452 BRIARCLIFF CIRCLE, ASHBURY SUBDIVISION -MAZE HOMES Chairman Paul opened the hearing and asked for any ex parte communications; there were none. He then swore in anyone wishing to speak. Ms. Bosworth reviewed the application and noted that she made a field inspection. She recommends approval with two conditions that the parking area landscaping/weeds be cleaned up and maintained, and that a small "model parking" directional sign be placed at the entrance of the parking area. Mr. Cardinale asked about the handicap parking. Mr. Dodd wanted to know if the issues with the back gate had been resolved. Chmn. Paul swore in Ms. Grohall and she responded that they have doubled the chains that were up, and the Ashbury Community Association (the HOA) is currently being taken thru the Code Enforcement Special Magistrate process. Mr. Stringer interjected that the model home site does not have control over the chain issue as the homeowners association, which is still the developer, put the chain in place. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 6, 2008 No one in public attendance spoke in favor or opposition of the renewal. MOTION by Paul/Buchanan to approve the renewal of the conditional use permit for an existing model home and parking area with the- conditions noted. ROLL CALL: Mr. Blais yes Mr. Cardinale yes Mr. Paul yes Mr. Dodd yes Mr. Buchanan yes The vote was 5-0: Motion passed unanimously. DISCUSSION - CHANGES TO LDC SECTION 54-3-15.2, PARKING REQUIREMENTS & DEFINITIONS FOR MARINA USES Chmn. Paul stated this is just discussion and review to see what direction the commission would like to go with regard to this section of the regulations. Mr. Stringer explained that there had been a site that was approved and it had in it~transient boat slips. However, the P&Z minutes showed they talked about using the boat slips in lieu of land parking spaces. This was confusing as there are provisions in the code for transient live-aboards. Some discrepancies are aone-to-one parking for every slip. Ms. Grohall ran a calculation showing what the current code requirements would be for a 1,200 sq. ft. commercial marina with 50 wet slips, 6 transients, a party boat that holds a max of 45 people, 5 six-pack boats and a kayak rental facility with 16 kayaks. Their parking needs would be 76 spaces. Two big issues with that is the marina -she felt they could downsize the parking requirements for the marina itself. The other area where the restrictions could be lessened is what is called transient slips, which are for overnight types of boats that come in use the facilities, restaurants, bar, etc. Changing them from a 1 to 1 to a 1 to 3 would give some relief. Ms. Grohall explained a new category she is suggesting, called "Temporary". In the past the board has given some marinas a credit on their surtace parking if they provide spaces for boats to pull up and enjoy the restaurant or bar or other amenity. This would codify that issue. She kept wet slips basically the same; as well as dry slips, charter party boats, six-pack. The one she did suggest a change is the rental facilities for small water craft like kayaks, citing one parking space per one vessel a tough standard, so she lessened that to 1 per 3 as a starting point for discussion. There was discussion about the impact of the change to any facility currently operating. Ms. Grohall said there are two that would have a positive impact. She did feel, however, that the six-pack party boat rentals should be kept at two parking spaces for every six- pack boat. Ms. Grohall explained how the marina calculations would tie into an adjoining restaurant's calculations. Mr. Stringer gave an explanation of the various boat slips and parking requirements. One is the classic wet slip where a person leaves their boat at a marina. The transient is a tourist who goes up and down the intercoastal with their boat and stops at different towns along the way and spend a few days walking around whatever is on the riverfront. Then there are slips for commercial or charter or six-pack boats. Right now the marina office is held to a separate set of parking requirements. He added that they are looking at a marina as a conglomerate of mixed uses. Marinas that also have a restaurant, what percentage of customers are coming by water and how 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 6, 2008 many parking spaces would you allow for dockage. As an example, if a restaurant needs 50 parking spaces and we think 10% of their business will be from water rather than land, then they could set aside 5 slips without amenities for people to tie up and go to the restaurant instead of 5 on the land. So you would have 45 spaces on land and 5 on water. Also discussed was parking requirements for employees of the marina, whether office or retail. Mr. Stringer explained that current regulations have one parking space for 300 sf of marina office space and over 300 sf requires two spaces. He asked the Commission at what square footage level do they want to increase the parking spaces. Ms. Grohall suggested just requiring a flat two spaces for marina office facility. Staff and commissioners discussed extensively the boat to parking space ratio. The consensus was 1:3 for wet slips. They then went back to the issue of transient dockage. Ms. Grohall said it would be easier to enforce if the transient ratio were the same as the wet slip ration, 1:3. Ms. King added that this would also make it easier from a code enforcement perspective as to a transient and permanent five-aboard, which is not allowed. Ms. Grohall agreed that the city should encourage redevelopment along the riverfront, especially the Florida fishing village theme and to do that they need to be very friendly to fishermen and boaters. Mr. Stringer added that staff will look within the general parking requirements, not for marinas but for waterside restaurant and hotels, and come up with credits for that portion. The outcome of the discussion was to suggest two spaces for employees per marina. Staff will work to have a distinction between something purely servicing the marina versus a retail operation/gift shop. Wet slips, rental facilities and transient all 1:3. Dry slips at 1:4 and keep charter boats and six-pack the same as currently stated in the code. Mr. Stringer said they will prepare a draft ordinance and bring it back to the commission. The definitions will be on the agenda in about a month. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Cardinale thanked the city for the opportunity to attend the FL League of Cities conference, which was very informative. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Stringer clarified previous statements that he was not directly rewriting the comp plan. Also, the settlement with Fellsmere has been approved. Mr. Paul adjourned the meeting at 8:42 p.m. (03/10/08 sbl) 3