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10162008 PZ Agenda
[ilY OF ~~~~~~~~ ~.. rrol~rE of p~.rcur rsr~rrn 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 16, 2008 Immediately Following Local Planning Agency Meeting 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Regular Meeting of 8/ 18/2008 6. OLD BUSINESS: ?. NEW BUSINESS: A. Quasi-Judicial Public Hearing -Site Plan and Conditional Use Permit - Burger King - 2,051 SF Restaurant w/drive-thru lanes - 9100 Sebastian Boulevard -Crossroads Plaza, LLC/Fast Food Enterprises #2, LLP -Commercial General (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. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 18, 2008 Chmn. Paul called the meeting to order at 7:00 P.M. ~C ~C ~ ~ C ~ ~ ~E a. E ~. 0 .~ ~ ~ .~3 ~ C~~ NOa~ ~N ~~ The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Paul Mr. Dodd Mr. Hepler Mr. Blais Mr. Buchanan Mr. Srinivasan Mr. Simmons Mr. Neuberger EXCUSED: Mr. Cardinale ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Rich Stringer, City Attorney Laura Barr, Recording Secretary• Lenora Quimby, School Board ANNOUNCEMENTS: Chmn. Paul noted that Mr. Cardinale is excused. He,welcomed Laura Barr, the new recording secretary and Mr. Chuck Neuberger to the commission as an alternate member. Mr. Hepler will be voting tonight. APPROVAL OF MINUTES: Regular Meeting of 7/17/08 MOTION by Dodd/Buchanan to approve the minutes of 7/17/08. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: ACCESSORY STRUCTURE REVIEWS -SECTION 54-2-7.5: 1. 1682 WHITMORE ST - 24'x30' (720 SF) DETACHED CARPORT - ANDREW GREEN 2. 1062 CROQUET/PERSIAN LN - 24'x24' DETACHED GARAGE - GESTEWITZ/CARPENITO a Andrew Green presented the application and stated that the carport would be similar in construction as his house. The carport will be used to house his boat and jet ski. Ms. Bosworth reviewed her report and said staff recommends approval. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2008 MOTION by Simmons/Neuberger to approve the accessory structure for Andrew Green at 1682 Whitmore Street. ROLL CALL: Mr. Paul yes Mr. Blais yes Mr. Buchanan yes Mr. Simmons yes Mr. Dodd yes Mr. Srinivasan yes Mr. Hepler yes The vote was 7-0. Motion passed unanimously. Ms. Denise Fortner, Mr. Gestewitz's partner and friend, was representing him and Ms. Carpenito. Ms. Bosworth explained that the adjoining lots are front and back not side by side. The vacant lot was not having any fill placed on it for construction of the garage, and based on elevations reported on the survey, the garage would still be approximately 2 feet higher than the residence, but the two structures were 65 to 70 feet apart. She said Ms. Carpenito submitted a letter stating that the unpermitted accessory structures on the lot will be removed after the garage is built. Mr. Dodd asked if there would be any drainage issues from the lots to the left and right of the garage. Ms. Bosworth said the engineering department must review the auxiliary driveway and if there were a drainage issue they would address it at~that time. Ms. Fortner added that the garage would be used.to store Mr. Gestewitz's boats, jet ski and antique car. MOTION by Pau!/Srinivasan to approve the accessory detached garage at 1062 Croquet Lane. ROLL CALL: Mr. Blais no Mr. Paul yes Mr. Simmons no Mr. Buchanan yes Mr. Dodd yes Mr. Hepler yes Mr. Srinivasan yes The vote was 5-2. Motion passed. QUASI-JUDICIAL PUBLIC HEARINGS -MODEL HOME RENEWALS: 1. 1349 Barber St. -Adams Homes of NW Florida, Inc. 2. 451 Briarcliff Cir., Ashbury Sub. -Adams Homes of NW Florida, Inc 3. 100 Carlisle Way, Sebastian Crossings - Burgoon Berger Const. Chmn. Paul opened the public hearings and swore in anyone that would be speaking. Ms. Bosworth offered to give her reports on all three renewals. She detailed the parking requirements and noted that each of these model homes have met all the codes and have not had any violations or complaints in the past year. MOTION by Buchanan/Dodd to approve 1349 Barber Street. ROLL CALL: Mr. Buchanan yes Mr. Blais Mr. Hepler yes Mr. Srinivasan Mr. Paul yes Mr. Simmons Mr. Dodd yes The vote was 7-0. Motion passed unanimously. yes yes yes 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2008 MOTION by Simmons/Hepler to approve 451 Briarcliff Circle. ROLL CALL: Mr. Buchanan yes Mr. Srinivasan yes Mr. Paul yes Mr. Dodd yes Mr. Hepler yes Mr. Simmons yes Mr. Blais yes The vote was 7-0. Motion passed unanimously. MOTION by Blais/Hepler to approve 100 Carlisle Way. ROLL CALL: Mr. Simmons yes Mr. Dodd yes Mr. Blais yes Mr. Paul yes Mr. Srinivasan yes Mr. Hepler yes Mr. Buchanan yes The vote was 7-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN -SEMBLER PROPERTY - 600 SF FISHERMAN'S CHAPEL, 5100 SF REESTAURANT & RETAIL - 1527 AND 1528 INDIAN RIVER DRIVE - SEMBLER & SEMBLER INC. - COMMERCIAL WATERFRONT RESIDENTIAL (CWR) ZONING DISTRICT Chmn. Paul opened the hearing and swore in all people to speak. Joe Schulke, Schulke, Bittle & Stoddard presented the appiication. This is atwo-phased project. He described the chapel use and the retail/restaurant. He added that the site has two main access points, Indian River Drive and U.S. Highway #1. Ms. King added they meet the parking requirements for all intended uses. She said the landscape plan is conceptual and a final plant selection must be submitted to the Growth Management Director prior to planting. The commission inquired about DOT approvals and Mr. Schulke said staff has a copy of their letter from DOT and added that they will run the electric underground from US 1 to the site and the chapel. Ms. Grohall answered a question about the chapel having an impact on existing and future restaurants and/or bars serving alcohol by reading from the Code of Ordinances, Section 10-1 (a) and (c). She explained that the chapel is under the one half acre threshold and is not a single use as the aquaculture will continue its operation. Mr. Hepler inquired about the competitive nature of the business and Mr. Stringer explained that is not part of a site plan review. No one spoke in favor or opposition. MOTION by Simmons/Hepler to approve the phased site plan for a chapel, restaurant and retail at 1527 1528 Indian River Drive. ROLL CALL: Mr. Buchanan yes Mr. Paul yes Mr. Dodd yes Mr. Blais yes Mr. Simmons yes Mr. Hepler no Mr. Srinivasan yes The vote was 6-1. Motion passed. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2008 QUASI-JUDICIAL PUBLIC HEARING -,SITE PLAN AND CONDITIONAL USE - 9707 RETAIL CENTER -BANK WITH DRIVE-THRU LANES, 19500 SF RETAIL AND 7 RESIDENTIAL APARTMENTS - 9707 US HIGHWAY #1 - VERO MINI STORAGE, LLC -COMMERCIAL GENERAL (CG) ZONING DISTRICT Chmn. Paul noted he spoke with one of the residents of the cottages currently at the site and asked if there were any other ex parte communication. He opened the hearing and swore in all people to speak. Bruce Moia, MBV Engineering, Melbourne, FL, represented the applicant and presented the proposal. This project is just to the north of Publix and has obtained their FDOT, St. John's and FDEP permits. Ms. King added this is a mixed use site which will have a bank, retail space and apartments on the second floor. She gave the commissioners color renderings of the project. They are providing an interconnection to the property south of the site. An updated environmental study has been submitted. Ms. King answered Mr. Dodd's question about the landscape plan particularly the number of trees to be preserved and new trees. With regard to the potential of a division of lot, Ms. King said the project would have to obtain subdivision approval if they want to break off each building as a separate lot. Chmn. Paul asked about the residents and the timeframe they have to vacate. Mr. Charlie Block, owner, explained that they have been working on the project for 18 months and have been moving people from the cottages in the front as the bank will be the first building constructed. No one from the public spoke. MOTION by Dodd/Srinivasan to approve the site plan for 9707 Retail Center with the staff's conditions, however condition #1 read, authorize by Growth Management Director fcr the landscaping plan instead of being brought back to the Planning and Zoning Commission. ROLL CALL: Mr. Paul yes Mr. Blois yes Mr. Buchanan yes Mr. Simmons yes Mr. Dodd yes Mr. Hepler yes Mr. Srinivasan yes The vote was 7-0. Motion passed unanimously. Ms. King reviewed the general conditions for a conditional use permit for a business with drive-through facilities and the application meets all the requirements. Staff recommends approval. Mr. Srinivasan asked about noise abatement and Ms. King said they meet that condition and it did not appear that there would be any noise affecting any nearby residential area. MOTION by Dodd/Simmons to approve the conditional use permit for 9707 Retail Center. ROLL CALL: Mr. Blois yes Mr. Paul yes Mr. Simmons yes Mr. Buchanan yes Mr. Dodd yes Mr. Hepler yes Mr. Srinivasan- yes The vote was 7-0. Motion passed unanimously. CHAIRMAN MATTERS: 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2008 Chmn. Paul asked if there were someone that could check the code books to see if they are up to date. Ms. Bosworth said she and Jeanette Williams could do that for any commissioner. He also asked about the work being done on Barber Street and Ms. Grohall said it was the pedestrian bridge which is part of the Safe ways to School issue. Mr. Stringer added the city has a contract to do three pedestrian bridges, one near Hardee Park, on Barber at Concha and Joy Haven, and one at Periwinkle. He also asked about the old Hurricane Harbor facility and the retention area at Periwinkle. PJIs. Grohall said the original owner of Hurricane Harbor has been looking for a tenant and she believed the retention park area is open. MEMBERS MATTERS: Mr. Srinivasan apologized to the board for his behavior at fast meeting. He also gave an apology to the Growth Management staff, City Manager and City Attorney. Mr. Buchanan noted that the city garage on CR512 does not have landscaping as the other buildings along that roadway. Mr. Hepler commented on the poor condition of Barber Street. Mr. Neuberger commented on the difficulty of hearing speakers and Ms. Grohall and Mr. Stringer explained that the acoustics seem to be in reverse in the rcom. DIRECTOR MATTERS: iJis. Grohall welcomed Mr. Neuberger to his first Planning acid Zoning meeting. She mentioned that comprehensive plan amendments will be done on October 16~'. They will be reviewed the housing, transportation, capital improvements plan as well as the future land use map and element. ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 8:32 p.m. (G9/22/08 sbl) 5 tarot 5~~~'T~ -~... HOME OF PELICAPI ISLAND Growth Management Department Site Plan Review Staff Report 1. Project Name: Burger King 2. Requested Action: Site plan approval fora 2,051 SF restaurant with adrive- thru lane along with required parking, stormwater, and landscaping 3. Project Location a. Address: 9100 Sebastian Boulevard b. Legal: A parcel of land being a portion of Lots 1, 2, and 3, and Tract "A", Romar Subdivision. c. Indian River County Parcel Number: 31-38-22-00001-0000-00002.2 4. Project Owner: 5. Project Agent: 6. Project Engineer: 7. Project Surveyor: Crossroads Plaza of Sebastian, LLC Mr. Tom Vani 400 High Pointe Drive Cocoa, Florida 32926 (321) 636-0200 Fax (321) 636-8406 Mr. Mark Holm, Fast Food Enterprises #2, LLP MBV Engineering, Inc. Mr. Todd Howder 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 Fax (772) 778-3617 William B. Zentz & Associates, Inc. 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-7552 Fax: (772) 567-1751 1 8. Project Description a. Narrative of proposed action: Crossroads Plaza of Sebastian, LLC, on behalf of Fast Foods Enterprises #2, LLP and Burger King Restaurants, has filed a site plan application fora 2,051 SF restaurant with adrive-thru to be located at 9100 Sebastian Boulevard near the CR 512/510 intersection, west and adjacent to the Sunoco Gas Station, and east of Sebastian Crossings Boulevard. The project consists of a one-story structure together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be via three driveways: a main entrance from CR 512, a rear entrance located on Dryden Avenue, and an auxiliary access way from Sebastian Crossings Boulevard. Water and wastewater service to the site is accomplished via connection to Indian River County Utilities. The site consists of 1.0 acre (1.23 total acres with stormwater), of which .59 acres will be impervious (59%) and .41 acres will be open space (41 %). b. Current Zoning and Land Use: Land Use: CG (General Commercial) Zoning: CG (Commercial General) c. Adjacent Properties Zoning Current Land Use Future Land Use North: A-1 Cemetery (County) L-1 East: CL Gas Station(County) C/I South: CL Vacant (County) C/I West: CG Vacant CG d. Site Characteristics (1) Project Area: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: 1 plus .23 acres Vacant Wabasso Heavy -Pine flatwoods Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: 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: 22.90' c. contours and designated number of dwelling units: 0 d. square footage of project area: provided - 43,475 SF e. building coverage: 2,051 SF + 368 SF (cooler area) = 5.6% (30% maximum) f. square footage of impervious areas and open area: impervious 25,770 SF = 59% (80% maximum) open 17,705 SF = 41 % (20% minimum) g. setbacks: provided - in compliance with zoning regulations Required Proposed Front: 0' 66' Side: 5' 34' Side: 5' 87' Rear: 10' 79.4' 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 - building colors submitted to staff are listed in the Overlay District master color list. Proposed base color is "Pillar" (light tan) and trim color is "Blue Waltz" (medium navy blue). k. building height: provided: 20.5' (maximum 35'). I. location and character of all outside facilities for waste disposal, storage areas, or display: Provided - dumgster enclosure to match color and finish material of main building m. location and dimensions of all curb cuts and driveways: provided n. number of spaces with their location and dimensions: provided Parking Required: Restaurant: 1.5 spaces for each 100 SF of gross floor area (excluding food preparation area): 2,051 sf _ 100 X 1.5 = 30.8 (31) Parking Provided: 42 spaces (40 regular, 2 H/C) o. details of off-street parking and loading areas (including requirements of Article XV): Provided (Note: Based on aggregate gross floor area of the building, a loading space for deliveries was not required). 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: rione 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: Provided -However, all signs will require separate zoning review and 4 building permits, and where applicable, sign elements shall match the color of the building. 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 -also see staff comments under item #18, Surface Water Management aa. location of existing easements and right-of-way: provided -also see staff comments under additional considerations 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 b. location and screening of mechanical equipment, utility hardware and waste storage areas: provided -Mechanical equipment will be located on the roof. Full screening from all sides must be provided by the roof parapet wall (Section 54-4-21.6.3(f)(1)) or additional screening will be required. Also, the pre-fab rear cooler is considered mechanical equipment as defined by code. The site plan has noted that it will be screened with a Type A landscape buffer, and the cooler will be ordered in a tan shade to blend into the overall building. c. commercial and industrial activities conducted in enclosed buildings: yes d. exterior lighting: provided -see separate lighting plan sheet 13. Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system considerations: provided design and access/egress 5 b. separation of vehicular and pedestrian areas: provided 14. Traffic impacts: A full traffic analysis study was submitted to staff and forwarded to Indian River County Traffic Engineering Department for their review and approval. The access from CR 512 is being shared by both the Burger King site and the Sunoco Gas Station site currently under construction. IRC is requiring a new right turn lane for the joint access drive. ROW and construction permits have already been submitted to IRC through development of the Sunoco site. 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: An irrigation system is required and the contractor shall submit system information when the building permit is applied for. IRC Utilities does not allow irrigation meters to be connected to County water. A private well, location shown on the landscape plan, will be used~for the irrigation system. 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 -Required minor revisions to the landscape plan are as follows: 1) The lineal footage of proposed Cocoplum hedging is approx 600 LF and will require 300 shrubs. 2) Viburnum hedging requires a minimum height of 3 feet at planting. 3) 8 6 understory trees are still required along CR 512 (understory trees used for the cooler buffering do not count towards this requirement). 4) Item #7: Total trees required should reflect 58 canopy and 8 understory, total proposed trees should reflect 39 canopy and 8 understory, and total trees provided should reflect 58 canopy and 8 understory. k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: provided -see Tree Credits (Oaks and Pines) m. Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided n. Height, width, type, material and location of all barriers of nonliving material: provided o. Location, dimensions and area of landscaping for freestanding signs: Provided p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: provided -partial Sunoco landscaping plan 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 - A single retention pond has been designed for stormwater management of both the Burger King and Sunoco sites, located to the rear of Sunoco and northeast of Burger King. The proposed system has been issued a SJRWMD permit and an appropriate joint drainage easement for this area has been recorded. Staff considers Item #4, regarding maintenance of the shared pond, in the easement document, vague, and that it should be revised to add stronger language and/or specific responsibilities of each site owner regarding the complete retention area, not just the portion on their property. 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 7 codes have been met. The special sign regulations will be reviewed and verified under a separate building permit process. 23. Additional considerations: Sheet C2 indicates an existing access easement located in the southwest corner of the Burger King site. An abandonment of this easement is required. New access easements are needed for the shared driveway on CR512 and the driveway connecting to Sebastian Crossings Boulevard (including drainage). An easement document has been submitted to staff but is subject to any comments by city legal staff. IRC Fire Department, IRC Utilities Department, and Environmental Health Department comments have been addressed. Conditional Use: Restaurants with drive-through facilities in the Commercial General Zoning District are required to obtain a conditional use permit. Attached are the code provisions for consideration by the Commission. 24. City Engineer's review: Applicant has addressed all comments. 25. Conclusion: The proposed 2,051 SF restaurant site plan is consistent with the Comprehensive Plan, Land Development Code, and CR512 Corridor Overlay District Requirements. 26. Recommendation: HOLD PUBLIC HEARING REGARDING SITE PLAN APPROVAL: Staff recommends approval of the Burger King site plan with the following conditions: 1) Abandonment of existing access easement, revision to language in drainage easement item #4, and new access easements must be recorded and submitted to staff before a Certificate of Occupancy can be issued for the site. 2) Remaining underlined items within the staff report are addressed. Specifically: 1. Minor landscape plan revisions 2. Parapet roof feature must provide complete screening of the roof mechanical equipment or additional screening will be required 3. Site elements, including the dumpster, rear cooler, lighting poles, and sign features i.e., frames, posts, etc., shall match the colors of the building. 8 HOLD PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT. See specific criteria for approval attached. Staff recommends approval of he conditional use permit for a restaurant with drive-through facilities in the Commercial General District. PREPARED BY DAT Correspondence between City staff, the Engineer of Record (if applicable) and other government agencies regarding this project is available for review in the offices of Growth Management 9 ARTICLE VI. CONDITIONAL USE CRITERIA Page 1 of 18 ARTICLE VI. CONDITIONAL USE CRITERIA Sec. 54-2-6.1. Purpose and intent. The purpose of this article is to ensure that a conditional use shall only be permitted on specific sites where the proposed use may be adequately accommodated without generating adverse impacts on properties and land uses within the immediate vicinity. This section sets forth provisions and criteria for consideration of conditional uses on specific sites. Conditional uses shall be permitted only upon a finding that the proposed use satisfies the provisions of this article. Sec. 54-2-6.2. Review procedures. (a) Application. The application for a conditional use shall be filed with the department of planning and growth management and shall be submitted on a form provided by the department. Five copies of the application and supporting information shall be included. The required supporting information shall be submitted with the application. (b) Staff review. The planning and growth management director shall distribute the application and supporting information to the appropriate staff for review and comment. The planning and growth management director shall summarize the staffs comments and make a written recommendation to the planning and zoning commission concerning appropriate action together with any applicable conditions recommended by staff. (c) Planning and zoning commission public hearing. Upon receipt of the staff recommendations, the planning and zoning commission shall hold a public hearing pursuant to section 54-1-2.8, except that the newspaper notice is not required. The planning and zoning commission shall approve, approve with conditions or deny a proposed conditional use. (d) Planning and zoning commission findings. Any approval with or without conditions shall be rendered only after a finding by the planning and zoning commission that the proposed conditional use satisfies the criteria of this article and that the proposed conditional use: (1) Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. (2) Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. (3) Based on 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. (4) Conforms to all applicable provisions of the district in which the use is to be located. (5) Satisfies specific criteria stipulated for the respective conditional use described in this article. (6) Is consistent with the Code of Ordinances and comprehensive plan. Upon such finding, the planning and zoning commission shall approve the application for the conditional use permit. On all development, the planning and zoning commission's decision shall be final unless that decision is appealed to the city council within ten days following the planning and zoning commission's action (reference section 54-2-6.3 below). A written record of findings by the board shall be maintained, including a written statement of all: 1) conditions of approval; and 2) findings supporting the approval or denial of a conditional use. Revisions or additions to a conditional use shall be reviewed based (b). A conditional use shall expire if construction has not commenced within may be extended only one time for 12 months by a favorable vote of the applicant submits a petition for such extension at least 30 days prior to demonstrated "reasonable cause" for the extension. The burden of proof i with the applicant. http://library3.municode.com/defaultlDocView/10310/1 /10/11 on the criteria of section 54-2-6.2(a) and 12 months of approval. A conditional use planning and zoning commission if the the development plan's expiration and n justifying "reasonable cause" shall rest 10/10/2008 ARTICLE VI. CONDITIONAL USE CRITERIA I~a~e 2 oi~ 1 ' A conditional use approval, except for home occupation licenses, shall run with the land and is transferrable to successors in ownership. However, the use must remain compliant with all applicable rules and regulations, including any specific conditions duly mandated by the city as a condition of the original conditional use approval. ARTICLE VI. CONDITIONAL USE CRITERIA Page 15 of 18 3. 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. (38) Restaurants, with drive-through facilities: a. Applicable zoning districts. Restaurants- with drive-through facilities shall be permitted as a conditional use within the following zoning districts: CG, and CR. b. Conditional -use criteria. Restaurants with drive-through facilities will be allowed provided the following conditions are met: 1. Separate entrances and exits shall be provided and clearly identified and in conformance with the sign regulations of article XVI of this code. Joint entrance/exit curb cuts may be allowed for the ingress and egress and traffic not utilizing the drive-through facilities. 2. No more than two curb cuts shall be permitted on any single street frontage. Curb cuts shall be limited to a maximum width of 50 feet and shall be located no closer than 35 feet removed from property lines. A 15-foot separation shall be maintained between curb'cuts. 3. No building, structure or off-street loading or parking area shall be located closer than 30 feet to any residential use or district. 4. All travel lanes and driveways shall be interpreted as off-street parking, and as such shall conform to the landscape requirements of this chapter. 5. 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. Prepared by and retutn to: Bruce D, B;~ kett, Esq. 1904636 Collins, Brown, Caldwell Barkatt & THIS DOCUMENT HAS BEEN Garavaglia, Chartered RECORDED IN THE PUBLIC RECOP,DS 756 Beachland Boulevard OF INDIAN RIVER COUNTY FL veto Beach, FL 32903 JOINT DRAINAGE AND UTILFTY EASEMENT BK: 2243 PG:877, Pagel of 3 07119/2008 at 04:09 PM, ( D DOCTAX PD $0.70 ~Ol JEFFREY K BARYON, CLERK OF COURT This Joint Drainage and Utility Easement is made this ~ 3 day of .~ ~ ~~ a~ y , 2008, by and between Crossroads Plaza of Sebastian, LLC, a Florida limited liability company ("Crossroads") and S&S Rentals, LLC, a Florida limited liability company ("S&S"): WITNES SETH: and WHEREAS, Crossroads and S&S own adjacent properties in Indian River County, Florida; WHEREAS, Crossroads and S&S wish to grant to each other, and obtain from each other, an easement for shared drainage and utilities; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, Crossroads and S&S hereby agree as follows: 1. Recitals. The foregoing recitals are true, correct, and incorporated as if fully restated herein. 2. Grant of Easement. Crossroads and S&S hereby grant, each to the other, their successors and assigns, a perpetual, non-exclusive drainage and utility easement, together with the right to install; construct, reconstruct, inspect, alter, maintain, operate and repair underground and above-ground drainage and utility lines and facilities, and the necessary appurtenances thereto, over, upon and across the following described property, located in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. 3. -The covenants, easements and restrictions set forth herein shall run in perpetuity and shall run with the land. They shall be binding upon any and all persons and entities, their respective successors and assigns; and all benefits deriving therefrom shall accrue to the benefit of all persons and entities, their successors and assigns having or acquiring a right, title or interest in all or a portion of the appurtenant parcels. 4. Eachparty shall be responsible for maintenance of thatportion of the easement across its property. 5. The easement rights granted herein are non-exclusive in nature. Each party, and its successors and assigns, reserves all rights accruing from its ownership of its respective property, including the right to engage in or permit others to engage in all uses of the property not inconsistent with the purposes of this easement. ,~ IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date and year set forth above. Signed, sealed and delivered in the presence of: r' t me: ~ ac{~ (% w S ~ ~ . ~~~ Print Name: 5 ~ S e4-K7 C. Iii r-7 r!~ i ~ S Signed, sealed and delivered in the presence of: ~. , tName: ~%Nrlrc ~ • Gdg~iNrT_ ~. ~: Print Name: (Zo6E2T ~- ~t~r2~ h- STATE OF _ COUNTY OF Florida Brevard CROSSROADS PLAZA OF SEBASTIAN, LLC, a Florida limited liability company By: Print e: Title: Q~°5~-°x.11' PV~.ro S&S RENTALS, a Florida limited By : -Gl/, . B. W._ Simi c" s, By: _ Print Title: Mgr. k~i ~ -. , 2008, The foregoing instrument was acknowledged before me this ~ ~ day of by T. A. Vani Manager of CROSSROADS OFS ASTIAN, LLC, a Florida limited liability company, who is t~personally known to me or produced as identification. STATE OF Florida COUNTY OF Brevard _ r/~j ~ / 9 i Colo Public, State of Florida•a~. MOFFE7r ~ My Commission expires:: 3 aA„~,,,~ cammr ooh ; Fxgro9 = ..• ..0,~ir'.. 9 Flodde~wWot„ ~{;;~2~,ti,~;;°. e R~ ` 2008, b The foregoing instrument was acknowledged before me this ~ ~ day of~riut a/t-lti Y B.W. Sim kins F.A. S e~riff TTEE, Mgrs ofS&S RENTALS, LT;C,aFloridal7~dliability company, who is personall wn to me or produced ~_T.,_as identific~a/tion. •"~~--Notary Public, State of Florida at Largo j C~ My Commission expires: >........•.••.. ~ ......................... LAURA M. MOFFETT •"~pri~~'yyu~~~ Comrrnr ppp;73528 53~T[.~ E>gro~ 11/6/2009 ' -;9? ~°~ 9onde0 Ow (900~1,72~4251: o, u .„a nn>u .i GRAPHIC SCALE Exhibit ~A~ P.O.B. N.E CORNER LOT 1 0 25 50 100 R W P eM ,o,SPG 31 CENTRAL RAILROAD A`~- (IN FEET) 1 "- 50' TRANS (LORIR A) A.K•A• OR~EN 24.4.83' _/ .100' /W 6° NSO'30'58'~ p.4o ~ N. UNE ROMAft S/~ ' / / T PER PtAt / U'~~~ f ~ ~ 1,D - / 9a.5z~nUT'f ~~~fy /~oo g 3138220 0014 QQ ~/ R/'N uNE /15 jACC~S!/~~/ 7~ I S8o'30'58"W ' Ft 0.56 AC. /10.13' 94.65- D~~~~ O/ N803058'E - /. / 24.435] SQ. , I /~E / _. ~ ~HATCNEO) / Pt92~ S00'10'00"E>~ / / ' ~ ~~~~ 3.90'. /// 80'30 8'Ea, / ~O1 /TAX PARCFI J.D. ~ / ` 00 N i/ a //~~u~ ~ 31382200001000000001.0 r7 I : R=7.00' /,ci ~al ~ e / i ~~: /_ ~ / / / / ~~ ~soroo'oo" M h L N n ~ O /O o °~ N O O Q .22pSS j O a~o° a LOT 2 o Z o o ~ an v /~n/~ h N $~ C 0 ~' 0 ~' Legend ` ,4i.so' ,~ ' • ' 5o oo w sss 3 P.B.=PLAT BOOK S/O=SUBDIVISION ~ R=RADIUS r°o CENTRAL ANGLE - L=ARC LENGTH P.O.C.= POINT OF COMMENCEMENT P.O.B.= POINT OF BEGINNING O.R.B.=OFFlCIAL RECORDS BOOK R/W=RIGHT-OF-WAY ; P.C =POINT OF CURVATURE c P.T=POINT OF TANGENCY s 30' ~ ~ i EASE]fFNT ~ _ _ -__ _ _' ~I ~ WI IW Q ~. I~ ~ °~ I ~, /~ / ° O Ig ~i3 ~ ~ ' ' " I / ° o j~ 3 1 g S89'S0 00 W - '- ~ j / / 00' 0 ~ 0l~ NI I o 14.49 IO 0 ~_ 2 . I'50' 00'W ~ i I I Q w . L ~o.oo'_ j LOT 1 a ~ ' " ' ' m d l ti t J ~ I N69 5 00 E - ~ ~ 0 m N l 4 3 o i ~ Notes I ~ Flo ~," ~ 1. This is not. a survey. j I Q ~ I 2. Reproductions of this sketch 50 00' I ~ are not valid unless It bears ~ . _ i -the signature and original raised ~ 3 I~ seal of a Florida Ilcanaed '^ o Ig Surveyor k Mapper. a ~ ~ a of ~~~ 3. Bearings shown and descnbed hereon are referenced to plat of Romer S/0. ~ ~ I oa 81 W l Z I /1V 70 INOlAN RIYfX oouNn' j I ~ PER OJZB 2226, PACE 780 ~` ~ ~ I I ti~ . ~ N90'00'00"E 151.14' 12' R/W 70 INDIAN RIYFR GY11/NTY (0.281981, PAGE' 1766) ' 81 I _--1_---J-S~IN7l~ET~I~OATA/~~-__--_-.~- - - _ ~ - - _ - _ 150.00'- _,- _ - C.R. 512. (FELLSMERE ROAD) (RI'N vARIES) 706.40' Description A parcel of land being a portion of Lots 1,: 2 and Tract "A" of ROMAR SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10, age 31, of the Public Records of Indian River County, Florida, said parcel more particularly described as follows: BEGINNING at the Northeast corner of said Lot 1, proceed. South 00' 10' 00° East. along the East line of said Lot 1, being the West right-of-way. (r/w) line of Watervliet Avenue (r/w varies) a distance of 50.67 feet; thence South 80' 30' 58" West along. a line parallel to and 50.00 feet Southerly of the North line of said ROMAR SUBDIVISION when measured at right angles thereto, a. distance of 10.13 feet to a point being 10.00 feet Westerly of said West r/w line- of Watervliet. Avenue, when measured at right angles thereto; thence proceed the following two courses parallel to said West r/w line: South 00' 10' 00" East a distance of 3.90 feet; thence South 06' 12' 34" West a distance of 68.94 feet; thence proceed South 89' 50' 00° West a distance of 14.49 feet; thence North QO' 10' 00" West a distance of 26.00 feet; thence South 89' S0' 00° West a distance of 137.85 feet to the point of curvature of a curve to the left,. being concave Southeasterly, having a radius of 7.00 feet; thence along the arc of said curve, through a central angle of 90' 00' 00', a distance of 11.00 feet to the point of tangency of said curve; thence South 00' 10' 00° East- a. distance of 54.50 feet; thence South 89' 50' 00" West a distance of 23.00 feet to a point being. 50.00 feet West of the East line of said Lot 2 of said ROMAR SUBDIVISION, when. measured at right angles thereto; thence South 00' 10' 00" East, parallel to said East line of Lot 2, a distance of 37.20 feet; thence South 89' 50' 00" West a distance of 41.60 feet; thence North OD' 10' 00" West a distance of .157.78 feet to a point on the North line of said ROMAR SUBDIVISION, said point being the Southerly line of the Trans Florida Central Railroad r/w (100' wide, now known as Dryden Avenue);. thence North 80' 30' 58" East along the North line of ROMAR SUBDIVISION a distance of 244.83 feet to the POINT OF BEGINNING. Containing an area of 24,435 square feet, or 0.56 acres, more or less. Sketch, of Descriptior ', ,r•*` t~xr°~~ a ° ~XC~+~'~ William B. Zentz & Associates, Inc. ~~ ~ ~ ' ° ~ . JOB No. y, ~ . - f o 162-025 Professional SurveyorsdEMappers ,~ ~~, ,, ~~. CERTIFlCATE OF AUn40RRAT10N (U3) Na 6840 ~ i -~ ~ ~ ~~ 684 Old Dixie Highway g~;,, _ x ' ~~'T ~- 1/31/08 Vero Beach, R 32962 ~ k~•, ;~ _ 3 0 a r~ ,,`- Phone: (772) 567-7552 wrctu~f~~ ~ ~ ~ SHEET of FaX 772 567-1751 REGI$TERED.'lAND _ .RVET QR: No. 5276 ( ) ~;STA7E'OF f60RfDAr.~ :::;':~.~ ~ ~ ~ City of Sebastian Permit Application No. Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: FAST FOOD ENTERPRISES Address: 144 VISTA ROYALE SQUARE; VERO BEACH, FL 32962 Phone Number: (772 569-3420 Fax Number: (772) 569-5365 E-Mail: N/A Owner (if different from applicant) Name: CROSSROADS PLAZA OF SEBASTIAN, LLC Address: 400 HIGH POINT DRIVE, SUITE 500; COCOA, FL 32926 Phone Number: (321) 636-0200 Fax Number: (321) 636-8406 E-Mail: N/A Type of permit or action requested: Conditional 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" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): BURGER KING CR512 / CR510 B. Site Information Address: NE CORNER OF CR512 / CR510, WEST OF SUNOCO Lot: Block: Unit: Subdivision: ROMAR Indian River County Parcel # : 31-38-22-00001-0000-00002.1 Zoning Classification: Future Land Use: CG COMMERCIAL Existing Use: Proposed Use: VACANT FAST FOOD RESTAURANT C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): CONSTRUCT 2,528 SF BURGER KING WITH APPLICABLE LANDSCAPING, UTILITIES, DRAINAGE PIPING 8~ PARKING, and DRIVE-THRU. DATE RECEIVED;~'[f~~g FEE PAID: $ RECEIVE BY: RECEIVE® Form CD-2001 Pa e 1 of 3 Develo ment A lication Ap roved: 08-27-97 Revision: File Name: DOA P & Z Growth Mgnt. D. Project Personnel: A ent: N/A Name: Address: Phone Number: ( ) Fax Number: ( ) E-Mail: Attorney: N/A Name: Address: Phone Number: ( ) Fax Number: ( ) E-Mail: Engineer: MR. AARON J. BOWLES, P.E. Name: MBV ENGINEERING, INC. Address: 2455 14TH AVENUE; VERO BEACH, FL 32960 Phone Number: (772) 569-0035 Fax Number: (772 778-3617 E-Mail: MBVENG@MBVENG.COM Surveyor: WILLIAM ZENTZ, PSM Name: WILLIAM B. ZENTZ & ASSOCIATES, INC. Address: 684 OLD DIXIE HWY.; VERO BEACH, FL 32962 Phone Number: (772) 567-7552 Fax Number: (772) 567-1751 E-Mail: WBZ@GATE.NET I, MARK HOLM ,BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I AM TH 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 ACCURAT~~A~N~D TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~'~ " " ~ _ Signature Date Sworn to and subscribed before me by Who is personally known to me or produced as identification, this day of NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: 200 Form. CD-2001 Page 2 of 3 Develo ment Application A proved: 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. I/WE, ,THE OWNER(S) X 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. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE 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 MYlOUR 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. Signature Date Sworn to and subscribed before me by Who is personally known to me or produced as identification, this day of NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: 200 Form CD-2001 Pa e 3 of 3 Develo ment A lication Ap roved: 08-27-97 Revision: File Name: DOA Supplemental Information Conditional Use Permit Permit Application No. X 1. Describe the use for which this conditionsal use permit is being requested: Construction of a 2,528 SF Burger King with a drive thru window. X X X 4. Each conditional use has specific criteria, which must be satisfied for approval. The criteria for the various uses is described in seb-section 20A-6.1.(c) of the Land Development Code. Attach a statement addressing the applicable criteria. Ask the Staff for a copy of the criteria applicable to your request. X 5. Attached 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. Form CD-2004 Page 1 of 2 CUP Approved: 08-27-97 Revision: File Name: SICUP CONDITIONAL USE CRITERIA FOR "RESTAURANTS WITH DRIVE-THRU FACILITIES" 1. Separate entrances and exits shall be provided and clearly identified and in conformance with the sign regulations of article XVI of this code. Joint entrance / exit curb cuts may be allowed for the ingress and egress and for traffic not utilizing the drive-through facilities. Site proposed connection to CR512 via a shared access, connection to Sebastian Crossings Blvd. and a rear access to Dryden Avenue. 2. No more than two curb cuts shall be permitted on any single street frontage. Curb cuts shat be limited to a maximum width of 25 feet, shall be located no closer than 35 feet to any intersection, and shall be at least ten feet removed from property lines. No more than two curb cuts are proposed. 3. No building, structure or off-street loading or parking area shall be located closer than 30 feet to any residential use or district. No building, structure or off-street loading or parking areas are within 30 feet of a residential district Adjacent zonings are CL and A-1. 4. All travel lanes and driveways shall be interpreted as off-street parking, and as such shall conform to the landscape requirements of this chapter. Site meets landscape requirements for the proposed driveways and travel lanes. 5. 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. Site meets required buffering criteria per City of Sebastian regulations for the CR512 corridor. Adjacent zonings are CL and A-1. ~1~~1~~~~:~*°1~ °_ . i~ ~ ~'~~~ ~~` : ~ a ~. ^.1 d 6,, ,. City of Sebastian Development Order Application Permit Application No. Ap licant if not owner, written authorization (notarized from owner is required) Name: FAST FOOD ENTERPRISES #dZ ~ L P Address: 144 VISTA ROYALE SQUARE; VERO BEACH, FL 32962 Phone Number: 772 569-3420 Fax Number: 772) 569-5365 E-Mail: N/A Owner (if different from applicant) Name: CROSSROADS PLAZA OF SEBASTIAN, LLC Address: 400 HIGH POINT DRIVE, SUITE 500; COCOA, FL 32926 Phone Number: (321 636-0200 Fax Number: 321) 636-8406 E-Mail: N/A 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): CR512 / CR510 BURGER KING B. Site Information Address: CR512 Lot: Block: Unit: Subdivision: ROMAR Indian River County Parcel # : 31-38-22-00001-0000-00002.1 Zoning Classification: Future Land Use: CG COMMERCIAL Existing Use: Proposed Use: VACANT FAST FOOD RESTAURANT C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): CONSTRUCT 2,528 SF BURGER KING WITH APPLICABLE LANDSCAPING, UTILITIES, DRAINAGE PIPING & PARKING. RECEIVED DATE RECEIVED: e2~7I~7S FEE PAID: $/o'10f7•~ ~~~~~ FEB 0 7 2008 RECEIVED ~Y~ A n .. .._ Form CD-2001 Pa e 1 of 3 Develo ment A lication Ap roved: 08-27-97 Revision: File Name: DOA D. Pro'ect Personnel: Agent: N/A Name: Address: Phone Number: ( ) Fax Number: ( ) E-Mail: Attorne N/A Name: Address: Phone Number: ( ) Fax Number: ( ) E-Mail: En ineer: MR. AARON J. BOWLES, P.E. Name: MBV ENGINEERING, INC. Address: 2455 14TH AVENUE; VERO BEACH, FL 32960 Phone Number: 772 569-0035 Fax Number: (772) 778-3617 E-Mail: MBVENG@MBVENG.COM Surve or: WILLIAM ZENTZ, PSM Name: WILLIAM B. ZENTZ & ASSOCIATES, INC. Address: 684 OLD DIXIE HWY.; VERO BEACH, FL 32962 Phone Number: 772 567-7552 Fax Number: (772) 567-1751 E-Mail: WBZ@GATE.NET I, MARK HOLM ,BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I AM TH 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 E AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~~ i~~~ GJ ~ ` ~ ~~ ~ lrr~ ,~ 0 7 Signatu Date Sworn to and subscribed before me by Who is ersonally know to ~ or produc as identification, this ~(~ _..~-1111111 ,.Tl~-day Co NOTARY~~SIGN;t.'CL7~ "'~ii~ _ PRINTE~~NA~Nd~~ ~,Rl(~. _ COMN~SIQ~N~~~~~~~I~10~ SEAL:_ ~~ ~ ~Z: ~ :~~ ~o ~~ #DD G?71pg ~/Q~k ~/lr., o ve~~ b~~- , 200 ~. -~~_€' - `7 - ~ c7 1 Form C M.°1'Fai . ~e ~ Q ~~ Pa e 2 of 3 ~ Develo ment Ap lication A roved: •• File Name: DOA 'rr11111111N~~" 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. IM/E, ,THE OWNER(S) X 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. IM/E HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE 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 MENUS 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. ~~ Signatur Sworn to and subscribed before me by Who is ersonall know to me or produced ~~ ~ fo 0'7 Date lilcrk ~~©r~ as identification, this ,2(v~' day of ~(lovew~ bey- , 200 7 NOTARY'S SIGNATURE --' PRINTED NA NOTARY Ih , L LL U COMMI \~~~~~TION ~ --- ~ _ ~- 6 ~ ) SEAL. ~~~ ~~•.. ..~ ~i '~~gg10N ~lAj •. ~~ s ; ~o~ ~~~ ~ 20rr 9Fs ~- ~ ~ ~` = = •~ .~ • • .<__ =~c ; ~063~106 •~` # ~~` '. ~~ ~ i2 O o~ ~ ~ /,/~~9~ ~ ~iiiiii i~~ `\\\ Form CD-2001 Pa e 3 of 3 Develo ment 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: 1.23 ac. X 2. Area of impervious surface in square foot: 25,770 SF X 3. Area of pervious surface in square foot: 27,828 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 floor plan indicating uses and square footage of each proposed use within each building or 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 State of Florida. X d. Aland survey with complete legal description prepared and certified by a registered surveyor. X 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, Land 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 equitable ownership interest in the subject property except publicly held corporations whc stock is traded on a nationally recognized stock exchange, in which case the name a address of the corporation and principal executive officers will be sufficient. Form CD-2019 Pa e 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 wa 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 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 roved: 08-27-97 Revision: File Name: Sisite I