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04-19-2007 PZ Agenda
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2007 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: 6. OLD BUSINESS: 7. NEW BUSINESS: Regular Meeting of 2/ 15/07 A. Quasi-Judicial Public Hearings -Conditional Use Permits -Model Home Permit Renewals: 1. 183 & 185 Stony Point Drive - Maronda Homes, Inc. 2. 1258 8s 1266 Barber Street - Tozzolo Brothers Construction B. Public Hearing -Recommendation to City Council -Modification to a Special Use Permit & Site Plan - C-512 Carwash - 921 Sebastian Boulevard -Removal of Front 6-foot Wall C. Quasi-Judicial Public Hearing - CR512 Overlay District Waiver - 741 Sebastian Boulevard -Section 54-4-21.B.4(b) -Color standards for buildings D. Public Hearing -Recommendation to City Council -Preliminary Plat - Rohm Commercial Subdivision - 4.5 Acres - 1 Lot -Located within the 512 Triangle - CG Zoning and Land Use E. Public Hearing -Recommendation to City Council -Site Plan - 729 Sebastian Boulevard - Chesser's Gap Shopping Center - 6,000 SF Retail - Sherwin Williams Paint Center - PUD-C 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. i~ ~~ ~~ CITY OF SEBASTIAN e~ ~ ~ ~~~ ~~ ' / ~'~'a S~:xxo PLANNING AND ZONING COMMISSION Cti ~ ~ ~, ~ MINUTES OF REGULAR MEETING = ~ ~ ~• m ~ ~ FEBRUARY 15, 2007 ~ Chairman Allocco called the meeting to order at 7:03P.M. -a p ~ ~ ~ v N~ The Pledge of Allegiance was said. $. ~ (/~ ~, m -• ~ ROLL CALL: ~ ~ PRESENT: Chmn. Allocco Mr. Mahoney Qp Mr. Cardinale Mr. Buchanan Mr. Keough Mr. Paul EXCUSED: Mr. Simmons UNEXCUSED: Mr. Morrison ALSO PRESENT: Dorri Bosworth, Zoning Technician Rich Stringer, City Attorney Linda Lohsl, Recording Secretary ANNOUNCEMENTS: Chmn. Allocco announced that Mr. Simmons is excused; and Mr. Buchanan has been appointed to a regular member position. APPROVAL OF MINUTES: January 18, 2007 MOTION by Cardinale/Buchanan to approve the minutes of January 18, 2007. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: A. CONTINUED -QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN MODIFICATION - SEBASTIAN PRESBYTERIAN CHURCH, 1405 LOUISIANA AVENUE -PHASE ONE 1,200 SF THRIFT STORE 8~ PHASE TWO 2,206 SF BUILDING ADDITION - PS (PUBLIC SERVICE) ZONING DISTRICT Chmn. Allocco opened the hearing. Ms. Bosworth stated for the record that as this is a continuation, all of the factual evidence from the January 18~' presentation and discussion is relevant. She refreshed the commission on the application and the two conditions for approval, that the handicap parking space be moved closer to the entrance and away from the loading bay and verification from SJWMD that the modifications are exempt or covered under the existing storm water permit. There was discussion and concerns about Louisiana Avenue, which prompted the continuation of this hearing. Ms. Bosworth reviewed the appraiser's map and historic facts regarding ownership and subdivision platting. She said Jan King spoke with Ms. Falco and they PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 15, 2007 came to a remedy about her traffic concerns. According to Mr. Stringer it appeared that Louisiana Avenue pre-existed the city and there are references to city maintenance of the road going back to 1920 or 1930. There was further discussion about the ownership of the road and Mr. Stringer explained it is a public road and the phrase "they own the road" is not used but they have record title. If Ms. Falco had the right to block off the church to the north of her, then the church to the south of her would have the right to block her off. It was also stated that the address for the thrift shop would be on Cross Street. MOTION by Allocco/Keough to approve the site plan modification for the Sebastian Presbyterian Church with the two conditions cited by staff. ROLL CALL: Mr. Keough yes Chmn. Allocco yes Mr. Cardinale yes Mr. Mahoney yes Mr. Buchanan yes Mr. Paul yes The vote was 6-0. Motion passed unanimously. NEW BUSINESS: NONE CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Mahoney inquired about the variances applied for by Fisher Museum. Ms. Bosworth gave a brief overview of the application. Mr. Keough stated for the record his appreciation of the a-mail the commissioners and city council received from Mr. Tom Collins. He asked about the awning colors at the Hula Grill and if they are in or will be in compliance soon. Ms. Bosworth said she would relay the inquiry to Ms. Grohall. Mr. Buchanan wanted to mention how pleased he was at the outcome of the fish market site plan on Old Dixie Highway. He suggested people should ride by the Rinker Plant on Midway Road, south of us, and sees what a concrete plant looks like. There was discussion about the proposed concrete plan in the county on U.S. Highway 1. DIRECTOR MATTERS: Ms. Bosworth gave a brief review of pending applications. ATTORNEY MATTERS: Mr. Stringer clarified having a road without a deed. Chmn. Allocco adjourned the meeting at 7:34 p.m. (2/16/07 sbl) 2 ~'!1Y ~' S~~T~~' t_..- F1OME L)F I PELICAN iSLM1D Growth Management Department Conditional Use Permit Application -Staff Report Model Home -Renewals 1. Project Name: Maronda Homes, Inc. 2. Requested Action: Approval of conditional use permits for model home renewals. 3. Project Location: a. Address: 183 & 185 Stony Point Drive b. Legal: Lots 106 & 107, Sebastian River Landings, Phase I 4. Project Owner: a. Name: Maronda Homes, Inc. b. Address: 4610 Lipscomb Street NE Palm Bay, FL 32905 c. Agent: Jerome Anuszewsk 5. Project Description: a. Narrative of proposed action: Maronda Homes is requesting two model home permit renewals for the single-family residences located at 183 & 185 Stony Point Drive, adjacent and west of the CR 512 entrance to Sebastian River Landings Subdivision. b. Current Zoning: PUD-R c. Adjacent Properties: Zoning Current Land Use Future Land Use North: C/I vacant/county C/I East: PUD-R temp sales trailer LDR South: PUD-R residence LDR West: PUD-R residence LDR d. Site Characteristics: (1) Total Acreage: .32 acres (2) Current Land Use(s): Single family residences being used as models, with attached parking lot. 6. 7. Required Findings: .Does Does`Not Com 1 Com 1 a. Be so designed, located, and proposed to be operated so that ~ the ublic health, safe and welfare will be rotected. b. Not present an unduly adverse effect upon other properties in ~ the impacted area in which it is located. The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to Conti uous residential ro erties. c. Conform to all applicable provisions of the district in which ~ the use is to be located. d. Satisfy specific criteria stipulated for the respective `~ conditional use described in subsection 54-2-6.4 29 . Conditional Use Criteria: -Does Com 1 Does Not Com 1 a. Not to be used as contractors main office. ~ b. Meets district re ulations for lot and and dimensions. ~ c. No construction materials ore ui ment stored at model. ~ d. Business hours of 9:00 a.m. to 6:00 .m. Limit of two staff. ~ e. All si ns conform to ci code; illuminated si ns rohibited. ~ f. No lare or traffic im ediment from house illumination. ~ g. Provide 5 parking spaces, l0' from side property line, 30' from corner. ~ 8. Additional Considerations: There have not been any code enforcement complaints or calls regarding these models in the past year. Issues with temporary signs and placement of A-frame signs have not occurred in the last twelve months. 9. Analysis: None 10. Conclusion: The proposed use is consistent with Section 54-2-6.4(29) of the Land Development Code of the City of Sebastian. 11. Recommendation: Staff recommends approval of this model home permit for a one year period. ~^~~~N~ ~ ~ ~/off Prepared by Date c r~ r/1 z +y - - 9 ° ~ N $~ o b~~A 1 O ,F ` 2 O < Fy+S ~ i fa ,< N a y ~ g ~*`' ~, \ (y~ st \ s / n+ 5 -% /°/ u~n~vn got lOl .o•z t s (IYIQV?!) (W~P2!).L l'OZ l `+4~ M.,LZ. LS.68 S ~:~r---------0-•3'=dam= ~ ~9~ ~ 6 C m I b}9 V~ C7 ~ ~Cf o° • n~ ~ ~~0'SZ' xiv,~ oN°' ,r n ~ o~ ~„a ~r , y .oc•or n ±/o~ A V V Z K mm~n 0 !n ~ y,, }q• a ~~G1 •L9'pf z'o f~~~ ~ ~ -~ ~,t~ . ~~° / ~,~ a~/ e~ ~ M n , ~C / ` / ~~ ,~~~.: m`' 0 '0'~'d (G30ffpN1 lAN) LOL lOl 3= ..va ~l, ~ _3q ~,A l~ cn o,r ~ oo ~~ q•l 3~~~ .o•o~ .S, 3 ~ g, llq~ 3N0 .f 153A+ sro Hll105 .9L'9 2l3N2100 30N: c i~ 90t 101 ~ •~ .o Zl ~o •t& 8F' ya•d ~ o` ~Ni~bY J ~ ~ ( ~ ~ _ V/~,~ \ \ ~ .-t'~ \\ / 1 ~; \ ' J / y \ . ou \ / ... ~ , •y ~~d e~'~ ~ \ ~ Z~ n ~ SO t 1101 / ~? '~ ~ ~ \ < /. r ~) 7 d ~ 69p ~ s V ~ ~ ~• ? ~° \ ~ ~ ~~~d ~r~~~~bb a?~'` b \r S31LN3WV 3dV'JSONdI ~~Z p+.~is , ~~~ z 9 ~ oA I~ ~ ~ <~ ~ ~~ IR ~ h9 ~ ~ c ,o I ~ oN N d R° ""- l z A90S ~ +~ ~W .w.~. ~ "' N ~ ~~ ro R° W ~Gw ~ ~~ro ~ ~ .C ~ v ' ,w ~. ,o ~O D , ~ QD y ~~•~ ~o m 0 v MyL~,LZ.OL N l~l), L~'~Z L (-mrnra) Permit Application No. ,~,.. __ ~ City of Sebastian HC1MEt~PEt1£ANISIItNQ Development Order Application A licant If not owner, written authorization notarized from owner is re wired Name: Address: ' j ~' ~ .I ~ ~ ~ / / ~~ Phone Number: ( ) - .S~ Sl~~,.~' FAX Number: ( ) - ~ ~ 7a S-s7D E-Mail Owner If diffe ent from a licant Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1 /2° BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: ~ . IJ~Q.. Lot: Block: U it: Subdivision: lb ~~ Indian River County Parcel #: ~ ~.~ COQ O o o© Zoning Classification: Future Land Use: '~ U Existing Use:~~~e\ Proposed Use: ~` c~~ C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): ~.~ r S~ se.,~ DATE RECEIVED: o~ /~/07 FEE PAID: $ '$D•C~ RECEIVED Permit Application No. m, City of Sebastian HOME OFPEll[ANISIAND Deveio ment Order A lication A licant If not owner, written authorization notarized from owner is re uired Name: ~~~ Address: ` A ~ ~~ ,~ ~ ~~ L 3~~ Phone Number: ) - ~~ as- s~~~-- FAX Number: ( } - ~ ~~s s~b~ E-Mail: Owner If different from a licant Name: Q-~w~-ti Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11° COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (ff applicable): B. Site Information Address: t . Lot: Block: U it: Subdivisio Indian River County Parcel #: Zoning Classification: Future Land Use: Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: oZ l~107 FEE PAID: $ ~~~~ RECEIVED Permit Application No. D. Pro'ect Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: c~ (1 ~t'h4. ~ih o;L~~ ,~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ~! I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ ~~-o ~ SIGNATURE DATE SWORN TO AND SUBS E ME B'~ ~ovwz. wu~~.~,5 ~ WHO IS PERSONAL NO OR PRODUCED AS IDENTIFICATION, THIS DAY OF , 2~~_. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY ~~ COMMISSION NO./EXPIRATION SEAL: ~n~nnnnn~n. •• .....................•..•• ~ CNERYL GRUETT T Comrn# DD0531112 •. Expires 3I21fZ010 = Bonded by (800)432'~'~ • ~$; ~ Florida Notary Assn., Ino w......~.n~ ................. n nu.~n u....i Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S~ / ~ THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. 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. ~-fl-~~ SIGNATURE ~"`'~ 1 DATE Sworn to and sub bef a me by ~.Q.rorru. ~4n+~-~~5/~ ~ who is rso wn to me or p duced as identification, this 5f~'``day of br~~-~ , 20~. Notary's Signature Printed Name of Notary ~. ff Commission No./Expiration Seal: rNUnnn.~axnw........a..........~ ~ CFIERYI (,RUETT t Gbttndl ppp631112 aF~~Y E ~~•~~0 "~ 8dlcled by (gppr{32.4254 C '%•a,~~„ Fbrida Notary p,ss~., InC n...wouuumu........u•....uu......• Permit Application No. ,~., $ST Supplemental Information HOME IMF PEl3CAN IStAtvD Conditional Use Permit, Model Home 1. Type of permit : initial application ~ renewal 2. Describe the hours of business: / C)~~+M- ~~ 00 JOm _ 3. Describe any on-premise signs (size and location). t-{~t..JJ 4. Is the proposed model home to be illuminated? If so, describe illumination plan. ~(~ 5. Attach the following: _ a. 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. b. A survey of the lot where the model home is located showing the location of the required five parking spaces, any signs, and any illumination. 6. Describe how the proposed use is designed, located, and proposed to be operated so `th'at the public health, safety and welfare will be protected. If not, why not: `N-Ge_.V1c~ i ~'~) ~ L.~~Si ~_~~~Y'''` ~. Inc 1. „~ ~To ~ l w~ r~c.Q~~ Permit Application No. 7. Describe how the propose use will not adversely effect other properties. If not, why not: ~~c,`. ~ t,c_.~.Q c~ ~' Wl-c~ ~ P ~ S nn a SEB~T~-N ~.. t HOME OF PELICAN ISIAND Growth Management Department Conditional Use Permit Application -Staff Report Model Home -Renewal 1. Project Name: Tozzolo Brothers Construction Company, Inc. 2. Requested Action: Approval of conditional use permits for model home renewals. 3. Project Location: a. Address: 1258 & 1266 Barber Street b. Legal: Lots 8 & 9, Block 306, Sebastian Highlands Unit 10 4. Project Owner: a. Name: Tozzolo Brothers Construction Company, Inc. b. Address: 805 Sebastian Boulevard Sebastian, FL 32958 c. Agent: Wayne Tozzolo 5. Project Description: a. Narrative of proposed action: Tozzolo Brothers Construction Company, Inc. is requesting two model home permit renewals for the single-family residences located at 1258 & 1266 Barber Street. b. Current Zoning: RS-10 c. Adjacent Properties: Zoning Current Land Use Future Land Use North: RS-10 residence LDR East: RS-10 residence LDR South: RS-10 residence LDR West: RS-10 residence LDR d. Site Characteristics: (1) Total Acreage: .46 acres (2) Current Land Use(s): 6. 7. 8. Required Findings: Single family residences being used as models v Does Does Not Com 1 Com I a. Be so designed, located, and proposed to be operated so that `~ the ublic health, safe and welfare will be rotected. b. Not present an unduly adverse effect upon other properties in `~ the impacted area in which it is located. The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to Conti uous residential ro ernes. c. Conform to all applicable provisions of the district in which ~ the use is to be located. d. Satisfy specific criteria stipulated for the respective `~ conditional use described in subsection 54-2-6.4 29 . >Does "' -Com l Does Not Com 1 a. Not to be used as contractors main office. ~ b. Meets district re ulations for lot and and dimensions. ~ c. No construction materials ore ui ment stored at model. `~ d. Business hours of 9:00 a.m. to 6:00 .m. Limit of two staff. ~ e. All si ns conform to ci code; illuminated si ns rohibited. `~ f. No tare or traffic im ediment from house illumination. `~ g. Provide 5 parking spaces, l0' from side property line, 30' from corner. ~ Conditional Use Criteria: Additional Considerations: The parking area has been maintained and kept clean. There has not been any code enforcement complaints or calls regarding these models in the past year. 9. Analysis: None 10. Conclusion: The proposed use is consistent with Section 54-2-6.1 of the Land Development Code of the City of Sebastian. 11. Recommendation: Staff recommends approval for renewal of these model home permits for a one-year period. ~-T~o? Prepared by Date 80.0' ~~~. !0~ (44t8) LOT 9 BARBER STREET 80' R/w ~ r ___L.. - LOT 22 LOT 21 30' DRAINAGE RIGHT-OF-WAY FNO.CAP (1761) S34~2~~20~~E 80.~~ SET CAP I I (44}6 ti' cLEA 8' W00 FENCE LOT 7 -~- W ~ . f..i~ ~i ~I ~I ~~ vl fJ V 1 z 111 W L ~ 217.33' sET c (441 20' PAVEMENT 20' uTIUTY a~ i N tD{ DR AINAGE EASEMENT la N ~i LOT 8 i r_~__ -~ I I ' P001- in I AREA of ~ I j PROP. EL=53.3' I b l 1 t o ~ I 2e - ~ PORCH I cv W I - s2 ~ 131_ ~ I conic ~ 1 STORY ~ ~° ~ ~ i ~~ ~ C.B.S. I ;, 3 O ° I ~ ~° 5' "t ~ ( ~ I A/C PAD . r. c3 M ~ 3.4 M ~ j I = PORCH 30.7' I ~ ~ z ~I ~ ~' I= ~ 1 1 7 ' ~} 227 C- '3 I~ ° _ . _ ~ I I v I I - D tVE ~P 1 "4. ~.M. p p I ° ~ . CC` .~I \ I NOT YALID TJNI.~I~39 t~IdN~D,DAT~D AND BTAMpffiD WI'TFi E:bdH0798$II? IS~I w r _ 1 HEREBY CERTIFY THAT THE ATT~tCHED SKETCH OF SURVEY OF THE HEREON DESCRIBED PROP"cRTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND St1RVEYING iN THE STATE OF FLORIDA (CHAPTER 81677-8) PURSUANT TO SECTION 472.07,FLINtIDA STATUTES. SUBJECT TO 7HE QUALIFlCATIONS N TED~Hf:REON. ~~ V`' r T.rs~.t \ "°'~'szo~ asea~~~~oar~x'o';4,'E"D d 4- ~~xvRS~r r.EUVD s~ BLJRVEYING 8e MAPP: 843 8th t3' VERO BEACH. F PHONE: (772) 5~ FAX: (772} 774 LOT 21 LOT 20 30' DRAINAGE RIGttT-OF-WAY __ s~34.2o~2o~E ~o.oo- SfT GAP I I C441G~ io 20' UTILIT'f + ~ ;-~ Ip DRAINAGE EASEMENT J c'/ IN i ~ k I f ._ '_ }..~ 13.1: n I ~ 17, f- 045.21' W.M a iET GAP C44163 ~ I GONG ~ . POOL in ~ : , + `" ,. .. AREA.' .' " , . ~.n a " , " . .. 6 a • CONG. o ~ . a P I PORCH ~ I ~ LoT 8 ~ ~ I ~~' I ~ cU cv ~ N LoT a m l a ~` *-~ . 10~©~ BL~GK 306 ~ ~' l ~~' ~ I ~a. 1 STORY c s >3 cws ~ W . . 26~ # G O N . j ~ ~ o 6 ~ PORGti A / G V ~, p I PAD I .I, ~„ i- I 13.3' ' ~ I ~ ) 9.3 ~ z" ~ ~ I ~ '' I WALK I 30' ~~ ~° i~l -~` I~CnA ' ~~~ psi ~ ~~ ~ M ~. ~'IR c hC+ ~ ki' ~' SET -GAP ~o~ )~34'2O'20 C441G~ 80'.00 B4~RB~i~ ~~~f ~~~T~ t NOTE• SURVEY REPRESENTS A 10' RELEASE OF EASEMENT ON SOUTFt SIDE. ?- a 1 1L O ~- ~c LOT 1q {~. e At iN RE LoT 1o L1 C w Q Z a Q O M ~~ • I ' SET GAP . I C441G~ r • ~ ~°"• ~~ i ' ~. R 2 A 3 4 c 5 E G 7 _ 5 ~, ~+ II . ~' I u HAYHURS3' LA.1~iD SURVEYING II~C. GERTIFIGATE Of AUTHORIZATION NUMBER CL.B. 7364 SURVEYING 8c M.E~PPING COMPANY 843 Sth STREET VE720 BEACH, FL. 329630 PHONE: (772} 569-6680 FAX: (772) 77'0-3446 _._,_ q fl ~ ~~ ~ _~ II ,-u_. SURVEY TYPE: BOUN1pIaRY~S1T~ DATE: REVlS10N DRAWk BY: W.E'.H. 2 S 04 UPDATE S CHECKE6 pY: 8 25 4 ADD H0U! ~•~•~- S2 H .04 FLIP HOt FlELO 800K: 16,4 3 905 FORNBOAi PAGE Na. 3 t0 05 . FWNDATh 40 4 1 S OB ADO POOL FlELD OATS: 3/17/03 10/8/05 ASBUILT sanLE: 1'=30' s NOC D3-313 01/?:~!'?frla7 11:31 7723888248 CITY OF SEBASTIAN PAGE 02/06 Permit Applis-:;~tion No. _ pity of Sebastian Development Order Appi~~:ation ~~ _ A lican__t_ If not owner, written authorization not~r'tzed) from owner is required) - {._ ---5-----_ _ _-~ Name: 1 ~ZZ~ LO ~ 2oTNER-~S .~Q~1S~Rv~~/off ~o ___._..-- Address: ~ D S S ~b ~S-t+ r4 ~ ~ ~ VD S' E~STI~~ ~L. 3~~'8 Phone i~lumber. (7~ ~. > ,3 g ~ -33~~ FAY. Number. (~~~ )3 ~~-S, ay E-Mail:..-._- -- --- ._-- - Ownsr~ different from applicant) _ _ _ M~__ .. ,..__ Name: ' Addres.~: Phone Number: ( ) - TM._~aX Number ( ) - ___... .w._~ ._...... _ ---... E-Mail_ ,_~~ Type of` permit ar action requested: PLEASE GOhApLETE'ONLY THOSE SEGTIQNS WHIGH ARE NG%E:•'sSARY FOR THE PERMIT OR ACTIaN THAT Yot,J ARE REQUESTING. COPIES OF pt.l„ MAPS, SURVEYS, DRAWINGS, ETC_ SHALL Ft F. ATTACHED AND $"I /~" BY ~ 1" COPIES OF AP!'~' ATTAGHMENTS gWA~L BE INCLUDED. ATTAGH THE APPROPRIATE SUPPLEhi1:TAL INFORMATION FORM. A. ProjECt's Name (if applicable}: ~~~ ~ _._. ~, Site Information F_. ~^ Address: /! / ~ / _ r ~I n~ ~ . Lot: Block: ~~ Unit: ~ ~` Su#~division: ~ ~ /~ lJ ~ ,-j _ Indian River County Parcel #: ~f ~ ~ al /~ `,~D~D ~ ~ ~ ~ ~ `~D4o~` Zoning Classifit.ation: ,(~~ `~ Futurt~ i,•and Use: I ~ ~ c,~ ~cistinr, Use: u ~- / Pro a_~:~~•tJ Else: (~, ~ ~' ._~_ - X10 -~._ M~ __ ~' r~f~ `~.c C. Description of proposed activity and purpose of tf-e requested perrryit or action (attat:.h F~xtra sheets if necessary): ~'1'1(~ l7 ~ t-- ~_ 1 ti1C3, L{_ ~- ~m i tr '~ ~~S ~ D ~NC~ DAVE RECEIVED: ~/Z/0~ Ff=E PAILr. ,;51 6F~ ~iECEIVEb E3 . - ~~~7 Fornr Oil-2dp'I Pace 9 of 3 ,~ Develapmer~t Application _,gpproved: 08/27/9r RAvr~ion: -~~- ~leName:Doa 07-%'-''= r "~~G~7 11:31 7723888248 CITY OF SEBASTIAN PAGE 02/06 Permit Apple,iati-gin No, -~: pity of Sebastian s ®ewelopment order Ap~,i~~~Pation ~'~_' o~ -.~Y . A i~cant (If not owner, written authorization (r~r~ra~°i2ed) from owner is required} Nam?: - /~ ff-- /. ©Z.Z000 ~i2d`fi"~ ~~5._.._~'O~y-~'uC~..l/D~'J ~a'.... __ _ Addres~~~~` J ~~f~i4s~r,g-~ i~l fl i7. '~ ~ _ ~E13~~,,4~C.~_ ~~. ~ r1~U Phon? Nurt~ber, 0702) 3 ?f~ ~ 3~07.~. 1:,~r: Number. (~~a )3c~~ ~ x/029...^. t~wner~#fi different from applicant)- _ _ _~ ,m_ Noma: Address: phone t~~umber. ( ) - ~.--f-A,,~C Number: ( ) - Type of permit or action requested: l / D Pr,E.as>= CQPAPLETE ONLY THQSE SECTIONS WHfGH ARE NE;iEw'>SARY FQR THE PERMIT OR ACTIcDN THAT `tnt~ ARE REQUESTING. COPIES. nF a.i.I~ tw1APS, SURVEYS, QRAWINGS, ETC- SHALL QF ATTACH!=D AND $'l/2" BY 11" COPIES OF At#'!' ATTACHMENTS SWALt, BE IhtGLtJDED. ATYAGH THE APPROPRIATE SUPPI_Ehit=TAL INl;ORMATEON FORM. A. Pra~eGt~s Name (#t app##cantej: R. Site Information ---~.•~•-_ _._._ Address: 02 ~ ~ A C2,~~, ~~T'lZ. ~~~' l,ot ~ Block: 3©~ Unit: ~~ ~~~~~7aivision: ~ / µ I Indian Ri~~er County Parcei #: ---_ ------~ --- ..~------ ~ Zoning Gasification: Ft.~tr~r" [ ,ac1d Use: ~..__ F~cisting iJs¢. F'r~~ix~:•.~ -i I.Jse: .._ C. Description of proposed activity arid purpose c;i` th? requested pemtit or action (atta~-:ta E~~xtra sheets if i tlecessary}: ~A''1©DF~[ _ ~ t ~ CrLr ~9-YV~r y~~ i=-gi l~'1~~~~. ... ...__ DAl"E f~ECEIVED: o"Z l~l~ FEE PP,iir'1. =r~ f~ECEIVEG 1~ -- Forrrr ~.~-~~~~ Page 1 of 3 Development Application --.. A roved' 08l2719~ Royislon: Frle Name: Doa 01/?_3;'2007 11:31 7723888248 CITY OF SEBASTIAN PAGE 03/06 Perm(t Application No. --- D, prn~ect Personnel: ~--- .- .~_ Name: / _ --.--..- K~ ~! h1 i. 1 ~ i1Z o(..p ._.._ Addrr~ss Phone Number (~~~.) ~~8 ~ ~3;2a. _ ~~. FAX Number: ( ) - ! _ . Names-- Adclrews _ ... .~ .._ Phone Number. ( ~ - - _ -.... ___.•FAX Number: ( ) ~ ~._ --- E-Mail: ~ ~•^ .._. Eng. !Weer: _ .........._._-__` _..~-._ Address phone Number. (,7,,7,~ c5-~~- O ~ ~~ ~ FAX Number. ( ) -. E-Mail: ._m.. Surve c~r• ..~~ ~. Name:~Ij~~~ i]U Si ~.i4rJ-~---JUC'V~ 1h/~ 1~ /* r Address P17one Number: (r7 ~~ ~'~CI - ~ ~ ~r) FAX Number- ( ) - E=-Mail: ~-~ I, ~„~ r ; 6EIN0 FIRST (?tlt,Y SWORN, DEPOSE ANq SAY THAT: ,~_ 1 AM THE OWNER ~„ ( AM THE LEGAL R PRESENTATIVE OP THE OWNER OF THE PRUPERTY DESORI6ED WHICH I$ TMH SUF~.jE:CT MgTTER OK THIS APPLICATION, AND THAT ALL THE WFORMATION, MAPt, ^ATA ANO/OR SKETCHES PROVIDED IN ThI1S APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AMP EIELIEF. 3~ SIGNATURE /~ •T7, DATE SWORN To Arlo SUBSCRIBED BEFORE ME BY (J~-~,~1~ (CJ7~ ~ ~'~ WHO IS PER50MALLY KNOWN TO M8 CED NOTARY PUBLIC-STATE OF F!2 ---='=-~ A NT7FICATION, THIS OAY OF ~~~ r ~. Patricia Col...s _-- ~ Commission #DDS~; f<: '' NOTARY'S SIGNATURE ~ Expires: MAY 3C.. "•`,?'' PRINTED NAMI= OF NOTARY !` ~~ (` ~ ~~ BONDEDTHRUAT[ANIICBONDIN~ .-- • .-• CiOMM1S.IC)N NO_IEXPlRAT1ON ~~ ~ - / 5EAL: 01/:.'3';_'007 11:31 7723888248 CITY OF SEBASTIAN PAGE 04/06 Permit Application No.~_ -the ~~l[gr++rirng is (required far all corxaga`E~flenslve plan amendmen#s, ~onii>raa~ amendment (iincl-~tlyng rezoning), site plans, Candi4iirasp,~1 use permits, special vse per'><~ii#.g, 'vari~rtees, excep#ia!n~., and appeals. I/Wl;, ~~/THE OWNER(S) ~ THE LEGAL REPRESEPtT?;f7Vc OF THE OWNER dF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, H>;REBY AUTHORIZ>~. EP.~::I~{ AND EVERY MEMBER OF THE BOARUiCCaMMISSION OF THE CITY OF SEBASTIAN (THE "B~:JAF{D"/"COMMISSION") TO PHYSIDALLY ENTER. ~JPON THE PROPERTY AND VIE'JJ THE PROPERTY IN CONNECTION WITH MY/OrJR F~EDIDING APPGCATION. I/WC FIEREBY WAIVE ANY OBJECTION OR DfiFENuE.: I/'~lE MAY HAVE, DUE TO THE QUA51-JUOIr:IAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISStOI`I MEMBER ENTERING OR VIEWING THE RP.i~F~FRTY, INCLUDING ANY CLAIM rN: ASSERTION THAT M'(IOUR PROCEDURAt_ ~"i-' SUBSTANTIVE pUE PROCESS RIGHTS lJh1DER THE FLORIDA (~"rONSTITIJ'nC1N OR THE UNITED STATES CONSTITLITIOMI'v`4~c:T•?E. VIOLATED SY SUCH ENTERING OR VIEWID~C>. THIS WAIVER ANO CONSENT IS BEING SIGNED 6Y ME/U,:; V~~~LUNTARIIY ANO NOT AS A RESULT OF AMY i~pERCION APPLIED, OR PROMI$E.~ MADE, BY ANY EMPLOYEE, AGENT, CONTRAC~T'C"ih' JFt OFFICIAL OF CITY OF SEBASTIAN. 3r ~? SIGNATUR.F_ '"~ DATE Swom to and subscribed before me by ~~ i[~ L ~"~ ~~ who is personally known to me or rodUC _,_..,,~R as I en , ! ey of Notary's Signature Printed htame of Notary Cammi~.sion No./Expiration Seal: ~p'pARY PUBLIC-STATE OF FLORIDA Patricia! Collins Commission # DD557838 Expires: Ivil'+Y 30, 2010 BONDED THRU A1'i.AN 11C BOI~llING CO., LNG Forrrf CD-2007 page 3 of `s ---- Devoe/epmeni Application --- ~ AaAroveal ~ 08/27/97 Revision: ,._. __ F'i!e Name: Doa '~ ti 01/2:'/2007 11:31 7723888248 CITY OF SEBASTIAN PAGE 05/06 Permit Application No. Supplemental Information { Conditional Use Per-~it, Model Home ~'-~~. ~, ~'ype of permit : initial <application renewal ... 2. Describe the hours of business= .,I' ~0 ~7 t7 Y~- ` ~1A~.1t~.0-4- ~t0~~"'' c~ ? ~'1 ___, 3. Describe any on~premise sign; (~:ire and location).~AZ ~. - ry G ~.~-2~=~ .~ 4. Is the proposed model homy: to be illuminated? if so, describe illumination plan. 0'2 I=Coo~ 1-1 G 1~7"S C~ ti1 ~ I wlr~-S - U 1=>?0 u f 5. Attach the following: ____ a_ A list of the names 3r'td addresses of all owners of parcels of real property within three hunched (300) feet of the parcel to be considered. ~b. A survey of the lot whAre the model home is located showing the location of the required five parking spaces, any signs, and any illumination. ~~ 6. Describe how the proposed us;e> is designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. if not, why not: ~ 0 D ~~ L ~ 0 Wt l . { Porm C,p-2005 { _ F~ ~qe 1 of z {CUP Model Nome I Approvetl: 08/ZT/9T LRev~slor-: I Frle Name: Sicvemn -~'-"~1 01/2.3/2007 11:31 7723888248 CITY OF SEBASTIAN PAGE 06/06 Permit application No_ _,r,_~ __ 7. Describe how the propose usE will not adversely effect ether properkiFS. if not, i , why not: ~~ ( ES US F ~_ . O ~ L ~ - ~1 ~ p E(, - t/~ rZ ~ cs ~ U~3C~ o lJ~I"R.- 44 C j ~ O~ k ~~ S i 1 /_ ~v~~iC ~lGt.~~~G Dr__~ i,._I(,,L-L= ~/4h'I~~~ ~IOmN ~o ` ~~~ os ~t~7-i yr (vo,~`T~'~T I D ~ ~ ~'~~, dorm! C,p_zp45 P~f~ of 2 CUP Mod€! Nome A roved: 08/27/97 '~~~ ~~__ Revision: I Fr'la N~s,n• c:r..~ u~Y+~' ,,~ _ "~ t10ME OF PELICAN ISLAM? 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 5$4-5518 ^ FAX (772) 388-8248 TO: Planning and Zoning Commission FROM: Jan King, Manager Growth Management Department DATE: April 12, 2007 RE: 512 Car Wash Wall The new owner of the 512 Car Wash, Joseph Koruo, has requested permission to remove the wall from the front (north side) of his property. However, this wall was a condition of approval of the special use permit for the car wash. As such, Resolution R-00-56 (approving the special use permit) as well as the revised site plan dated October 3, 2000 must be amended if permission is to be granted for removal of the wall. As required by code, the Planning and Zoning Commission must hear the request and make a recommendation to City Council regarding the special use permit. On April 6, 2007, Mr. Koruo met with staff. As explained to the applicant, staff will recommend denial of the request, as submitted, for numerous reasons. These reasons include certain buffering requirements in the CR 512 Overlay District, as well as a number of ongoing site issues. Rather than move forward with a recommendation for denial, Mr. Koruo has requested the opportunity to revise his request and address the existing site issues. Therefore, staffrequests that the public hearing be opened, and then continued to the May 3, 2007, Planning and Zoning Commission meeting. Growth Management Department Waiver Requests -Staff Report 1. Project Name: Mulford Retail Building 2. Requested Action: Waiver requested from Section 54-4-21.B.4.(b) of the Sebastian Land Development Code to allow a building to be painted a color that is not on the approved Overlay Districts master color list. 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. Project Engineer: 6. Project Agent: 7. Project Description: 741 Sebastian Boulevard Lots 8 & 9, Block 189, Sebastian Highlands Unit 6 Herbert & Margaret Mulford 1673 Laconia Street Sebastian, FL 32958 N/A N/A a. Narrative of proposed action: Herbert Mulford, in regards to his commercial building located at 741 Sebastian Boulevard, is requesting a waiver from the following: "Section 54-4-21.B.4.(b) Color standards. All buildings and accessory structures within the CR-512 Overlay District shall be limited to the colors listed in the Overlay Districts master color list. (1) Base Building colors. Base building colors relate to wall and parapet wall areas and shall be limited to colors consisting of white and light neutral colors in the warm range." The applicant is requesting approval to paint his building a color that is not on the approved Overlay Districts master color list. b. Current Zoning: Commercial-512 (C-512) c. Adjacent Properties: Zoning Current Land Use North: RS-10 residence East: C-512 vacant South: RS-10 residence West: C-512 vacant d. Site Characteristics (1) Total Acreage: .29 acres (2) Current Land Use(s): retail (3) Water Service: well (4) Sanitary Sewer Service: septic 8. Staff Comments: Future Land Use LDR C-512 LDR C-512 Mr. Mulford, who wishes to repaint his building, brought a sample of his paint to Growth Management for approval. Since the color was not in the approved master color wheel, his request was denied. At the City Council meeting of March 28, 2007, Mr. Mulford again requested approval of his color. The Council directed Mr. Mulford to apply for the waiver (which must be determined by the Planning and Zoning Commission) and waived his application fees. Mr. Mulford's building was constructed in 1982, which predates the adoption of the CR512 Overlay District in 2000. The CR512 Overlay District establishes special architectural, color, landscaping, and sign regulations. As such, the site is a non- conforming property. However, Section 54-4-21.B.7.(b).(3) states, "Colors of a structure located on a nonconforming property shall not be changed from those existing at the time of the adoption of these special regulations, unless the new, to- be-painted colors comply with the CR512 special color regulations." Staff will present Mr. Mulford's color sample and the master color wheel at the meeting. Also, Rebecca Grohall, Director of Growth Management, will do a presentation to the 2 Commission regarding the master color list, similar to one she did for City Council several weeks ago. 9. Board Criteria for Determining Waivers (Section 54-4-21.6): "As part of an application for development, a request may be made for a waiver of any of the provisions of this article (Article XXI. Performance Overlay Districts). The request shall be heard by the planning and zoning commission in determining if any such provision be waived, modified or applied as written. The planning and zoning commission shall hold aquasi-judicial hearing on the requested waiver. The criterion for granting a waiver or modification of any of the provisions of this article is whether the strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure herein is the exclusive remedy to .the application of the provisions of this article and is to be utilized in lieu of an application for a variance." 10. Staff Recommendation: The Planning and Zoning Commission must consider the criterion for granting a waiver as defined above. Staff would also ask the Planning and Zoning Commission to consider if the color wheel, as adopted, is too restrictive (i.e. not enough choices), or if the vision for the CR 512 Corridor needs to be changed. Pr p ed by Jan ' ,~ Growth Manage e epartment ~-~ 13-0 Date 3 Permit Application No. ~ ~~ :~ ~ City of Sebastian ~,~ti,FnFp~„~~~rc,,~~ Development Order Application A [icant If not owner, written authorization notarized from owner is re uired Name: ~~ r `~ ~ , U L~ IK. N~o I~CsA F C (> Lip p _ Address: ~ co N ~ ~9 ~ e-eT S~ s Ti . 3 5 ~ Phone Number: (7 722 S ~ ~- r FAX Number: (Z 72) ~ ~ 2~ ~~ E-Mail: Owner If different from a licant Name: Sty ~» E ~ s a t~ ~e ~ T Address: Phone Number: ( ) -~ FAX Number: ( ) - E-Mail: ,~ Title of permit or action requested T C~ L ~ /~ _,,, 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 S-1/2° BY 'I 'I" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): .., ,~„ ,~, B. Site Information Address: ~ ,~, L ~ ~ G Lot: 5~.~ Block: / ~cG Unit: ~ Subdivision: s ~~~ ,~/~~ `G ~~ ~~ . Indian~Rive ~ o~ ty Parcel #: ~ _ 31-.x$- o ©©o oooa~o ' , ' D / ~ , 3 ~ 1 q Y~ Zoning Classificatio : D ~~ ~~ 5,7~~Future Land Use: !~ S~~ ~ - Existing Use: Proposed Use: R ~Ls~i~~s S/~~V1 ~ , C. Detailed description.of proposed activity and purpose of the requested permit:or action (attach extra sheets if necessary): ~~- - ~Y~L~.~~ ~- >PJ~ i N ! , ©~v ~'RoN; - s ~ pi's , f~ ~~,~ ~~= 7~{I S~Bt~s~ r~sw 13~Y.1~ - DATE RECEIVED: 3 /?q/~ FEE PAID: $~ G RECEIVED BY: 3- Z 8'07 Permit Application No. D. Pro'ect Personnel: ~"- S T L ply A ent: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: Address -Phone Number. ( ) - FAX Number: ( ) - E-Mail: 1, .BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ 1 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 CC T TO THE BEST OF MY O EDGE AND BELIEF. GNATURE HATE SWORN TO AND SUBSCRIBED BEF WHO IS PERSONALLY KNOWN TC) >t AS IDENTIFICATION, THIS NOTARY'S SIGNATURE "" ''~~ PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: =o~~v °~~~ Linda M. Lohsl ,Commission # DD555905 r~o~ Expires June 18, 2010 ~~ OF A-P ~~ T~ F°~' Nsutenoe. kw 80(F3&rr70ta Permit Application No. The following Is required for atl comprehensive plan amendments, zoning amendments (including rezoningj, 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 DESCRIBEO WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORISE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN Tp PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/wE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR. PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR E, B~ Y EMPLOYEE, AG T, CONT CTOR OR OFFICIAL OF THE CITY F SEBASTIAN. IGNATURE E Sworn to and subscribed before me by ~..f wGlo is personal) n t me or ro ed as'-fic en I Ic-f~ a on, this _ __ ,.2 . „ Notary's Signature Printed Name of Notary Commission No./Expiration Seal: o,~e~`Y PU@G Linda ivi. Lohsl~ :Commission # DD555905 N~ o` Expires June 18, 2010 ~ A,C~ BgWed Tmy Fain - N~xance, Ina 800'385'7079 Permit Application No. GX3 HOLtE OF PEt1C~1 t51,1M1'D Supplemental Information Application to the Board of Adjustment -1. This application is fora (check one): ~ variance(s) appeal(s) - 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): 3. Legal description of the property involved: __~ D ~ S ~ 'f' .~ ~~o~K r $ ~ ~ ~N~ T - ~6 - S ~9'STi~ `v ~ ~. L~ ry,ps 7 ~! l S ~B~s ~~N ~L V~ GR S I ~ 4. Attach the following: ~. ;gistered parcel at t streets, ~e Board nerits. ty or part of the lot 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HAS SCHEDULED AQUASI-JUDICIAL PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A MEETING TO BE HELD ON THURSDAY, APRIL 19, 2007, AT 7:00 P.M., TO CONSIDER A WAIVER FROM THE COLOR STANDARDS ESTABLISHED IN THE CR512 OVERLAY DISTRICT REGULATIONS OF THE SEBASTIAN LAND DEVELOPMENT CODE. SUBJECT PROPERTY IS LOCATED AT 741 SEBASTIAN BOULEVARD. ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED WAIVER REQUEST. ANDREW ALLOCCO, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: THURSDAY, APRIL 5, 2007 u>r ~ S~B'~STL~ ,.~.~ ~ HOME OF PELICAN ISLAND Growth Management Department Preliminary Plat Staff Report 1. Project Name: Rohm Commercial Subdivision 2. Requested Action: Subdivision Preliminary Plat Approval 3. Project Location a. Address: CR 512-Sebastian Boulevard Sebastian, Florida 32958 b. Legal: Provided -See Survey c. Indian River County Parcel Number: 31-39-07-00000-3000-00005.0 4. Project Owners: Glen Rohm (1/5) William Brognano (1/5) Todd Brognano (1/5) Daniel J. Brognano (1/5) Grand Legacy LLP (1/5) 7056 Sebastian Blvd. Sebastian, FL 32958 5. Project Engineer: Joseph Schulke Schulke, Bittle & Stoddard, LLC 1717 Indian River Blvd, Suite 301 Vero Beach, FL 32960 (772) 770-9622 Fax: (772)770-9496 6. Project Surveyor: Daniel W. Talbott V., P.S.M. Professional Surveyor and Mapper 2645 St. Lucie Avenue Vero Beach, FL 32960 (772) 569-8884 Fax: (772)-564-2071 1 7. Project Description Narrative of proposed action: The applicant has filed for a commercial subdivision preliminary plat for 4.549 acres located between the east and west bound lanes of Sebastian Boulevard immediately east of Wimbrow Drive. The proposed subdivision consists of a single lot, with a 1.19 acre stormwater easement containing a stormwater management lake. The property has frontage on both east and west Sebastian Boulevard and Wimbrow Drive. A temporary access is proposed on Wimbrow Drive, for construction of the stormwater lake and filling of the existing lake. Permanent access will be established through the site plan review process, when a specific use is identified. At this time, the stormwater management design is based on maximum impervious square footage of 80%. Public water and sewer are available via connection to Indian River County Utilities, and will be designed during the site plan process. b. Current Zoning: c. Adjacent Properties d. Site Characteristics Zonin North: CG & PS East: CG South: C-512 West: CG (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: CG Current Land Use vacant & City Garage residence office & vacant restaurant 4.549 acres Vacant Future Land Use CG&INS CG C-512 CG Immokalee fine sand Pine Flatwoods and Borrow Pit Zone X Indian River County Utilities (future) Indian River County Utilities (future) Riverview Park -- .3 miles Sebastian Police -- .7 miles Indian River Fire -- 1.2 miles 2 r ~~ 8. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c. Housing: n/a d. Public Facilities: Consistent e. Coastal Management: n/a f. Conservation: Consistent g. Recreation and Open Space: n/a 9. Contents of Preliminary Plat: a. name of subdivision: Rohm Commercial Subdivision b. vicinity sketch: provided c. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation: provided f. name, address, and telephone of applicant: provided (add Phone #) g. name, address, and telephone of owner of record: provided (add Phone #) h. name, address, and telephone of mortgage holder: final plat info i. statement that they will join in the dedication: final plat info j. name, address, and registration number of engineer: provided k. name, address, and registration number of surveyor: provided I. name of adjacent subdivisions, if any, including plat book and page number reference: not provided (add reference to Sebastian Highlands Block 485 m. names of owners of record of adjacent acreage: on file n. contour map including a perimeter strip up to 150 feet in width. provided 3 1 ~. o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided p. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided s. all existing drainage district facilities and the ultimate right-of-way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided u. a statement that all utilities are available and have been coordinated with all required utilities: provided v. sites proposed for parks, recreational areas and schools: n/a w. location of all temporary structures or permanent structures having a temporary use: n/a x. if borders public water, delineate the mean high water line: n/a y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DER and the city: provided z. z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: final plat aa. block perimeter returns at block corners or other block line intersection: n/a 10. Required Supplemental Information a. existing land use policy and proposed policy changes: n/a b. on-site wastewater disposal data: on future site plan 4 1 c. d. e. f. g• h. i. surface water management plan: provided traffic impact analysis: not provided. Uses are not known at this time. During site plan review traffic information will be required for the project. required park land and/or facility improvements: N/A required potable water improvements: Indian River County Utilities (future) required wastewater improvements: Indian River County Utilities (future) erosion and sedimentation control improvements: provided reference to required improvements i. access: provided (temporary only -not platted) ii. alleys: n/a iii. blocks: n/a iv. bridges: n/a v. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: n/a ix. soils: provided x. streets: n/a xi. bicycle/pedestrian paths: n/a xii. off-street parking areas: n/a xiii. utilities: future xiv. utility installation: future xv. central water system: future xvi. central wastewater system: future xvii. individual sewage systems: n/a xviii. water and sewage treatment and processing plants: n/a xix. median strips and entranceways: temporary only xx. traffic control devices: n/a xxi. monuments: provided xxii. commercial and industrial subdivisions: provided xxiii. mobile home subdivisions: n/a 11. j. schedule of multiple phases: n/a Zoning district dimensional regulations: a. minimum lot size: 10,000 square feet yes b. minimum width: 75 feet yes c. minimum depth: 125 feet yes 5 t. t 12. Fee paid: yes 13. City Engineer's review: A St. Johns River Water Management District Permit has been issued for the project. City of Sebastian Dewatering permit required prior to land clearing. Also, contractor to provide copy of their "Noticed General Permit for Short Term Construction De-Watering" which is issued by SJRWMD prior to land clearing. 14. City Attorney's review: 15. Other Matters: The owners wish to fill the site plan approval, but Without the use, the application was mad development area of management system. subject property contains a large man-made lake. The lake for future development. Originally, they applied for could not identify a proposed use, as required by code. application could not be processed. Subsequently, e fora one-lot subdivision. This plan identifies the the lot (future site plan) as well as the stormwater An environmental study was prepared by Bio-Tech Consulting, Inc. in March 1, 2005, and updated on March 16, 2007. Off-site wetland mitigation has been approved by SJRWMD. Also, a gopher tortoise conservation plan has been included on the plat. 16. Conclusion: The proposed one-lot subdivision is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. 17. Recommendation: Staff recommends that the Planning and Zoning Commission find the Rohm Commercial Subdivision to be consistent with the Land Development Code, the Comprehensive Plan and the Code of Ordinances, and that they forward their recommendation of approval to City Council. R PARED DATE 6 Permit Application No. ,~,., ~~T~N Gity of Sebastian F10AiEt'~F~ELKAti131A~LD Development Order Agalication A licant If not owner, written authorization notarized from owner is re wired Name: P ~ ~ ~- . , _ p Address: _ ~~ Phone Number: (-j~Z) ~~p -c~bZ2 FAX Number: (~7z) ~7D - ~~~~ E-Mail: S -~e `c~ Yee ~ leo,,~h . ~? Owner- if different from a licant Name: ~2v1 ~ ~ V\1~i1:i..~ na,n a.n To r~~~ n Address: ,~-~a,n 6~.1 ~ ~KU~"~Lt;'r""1 ~°,... ~~~a ~-'~~! Etrccn ct Le~ Phone Number: (-~-tZ) Z2 Q - C~-) c~~,, FAX Number: ( ) - E-Mail: Title of permit or action requested: ~ , ~, rr~ ~i -r~ r~ar~,E t' ~' ~'~~~'~, ,~ PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES QF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-`f/2° BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. I A. Project Name (if applicable): ) ~~~'-~ C~~~n~n~.~zc~9~ ~ Ltd B. Site Information Addre;;s: ~a,~ ~~ hr~~ ~Y i a- 12 Lot: .Block: Unit: Subdivision: Indian.RiverCounty Parcel #: Zoning-Classification: ~ Future Land Use: Existing Use: Proposed-Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach e(x~tra sheets if n~ecessarv): <,~n~~fA~:Et~'Y1 1~~ E/! ~'J~i°t~f~'~f.n~`~ ~~c~~. ~._"",~ 62728 ~'• DATE REGEtV~D: ;y f~lU ~ FEE ~AfD: $ 1.0 -L~ -~ ,~ -REG~E{3 $ . / ~ Received ~ MAY 2005 1;; ~ P & Z ~ ~~ ~ Growth ~ ~~9`S~~l t~~0~6~ 1~ '~--__~ ~0~ _~P Permit Application No. D. Pro'ect Personnel: A ent: Name: - ~~~ e Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Atkorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: ~~~e i~e °~ `GUr . ~. Address -7/ 4~ I ` ~ Phone Number: (rrj~Z )770 j~, r..1 - ~b2Z b .r • AX Number: (772) -Z~p _ ~,,~q~ E-Mail: S,bser~ ~~-d~ ,dir.. , Surve or: Name: }Q Address Phone Number: (7~Z) ~(~ - gC~i$t~ FAX N tuber. ('~'~Z )~ _ ~p~'i E-Mail: l ~ ~ r Gk` ~' ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ~/ I AM THE LE AL REP ENTATI THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, THAT AL INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE A TRUE TO T T OF MY KNOWLEDGE AND BELIEF. SIGNATU, E DATE /~ SWORN TO A D SUB~RIBED BEFORE ME BY ~O ~.~E'1 y\J i ~ 5/ ±d~F'~ WHO IS P ONAL KNOWN TO ME OR PRODUCED AS IDENTI CATI ,THIS DAY OF 20 .,S,~YP~ ~., William Stoddard NOTARY'S IGNATURE '~~ ~~'~ Commission#DD401889 PRINTED NAMEOFNOTARY `~11~~ YYl ~ . Ilr+lr i(~, ~~~~ Expires: Apr 12, 2009 COMMISSION NO./EXPIRATION ;~oF~oP; ~~~~~ SEAL' ~ ~ ~ ~ ~,• Atlantic Bonding Co., Inc. 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) / ~E LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED RICH IS " THE SUBJECT OF THIS APPLICATION,-HEREBY"AUTHORIZE EACH AND EVERY MEMBER OF THE ~YQi~ti~, ~" Z , L! CGI ~~C1C. BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEV1fTHE 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 ONSENT EING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISE ADE, BY" NY COYEE, AGENT, CONTRACTOR OR OFFICIACOF THE CI OF SEBASTIAN. a SIG ATURE DA E Sworn t and ubscribed before me by ~ ~~~ ~. ,~'~ ~(},~P~ who i pers ally known to me or produced as i ntif a Ion, this day of 1'ti'I R ~/ , 20 f7~ ,,~~~~„ / ,`t~rP~~., illiam Stoddara Notary's Signature t!il~ /l =2°•'~ `~' Commission#DD401889 Printed Name efNotary NVi1tiP~.ry1~~~OCi ~;:~.~~ Expires: Apr 12, 2009 Commission No./Expiration ;~~oF~o~'~ go~~.~ Seal: """~ Atlantic Bonding Co., Inc, Permit Application No. Supplemental Information ~~~~'T~'' ~ y Preliminary Plat Approval HOME-Of PELICAl1t tS[AI~1D The following information is required on all preliminary plats: a. A vicinity sketch showing the location of the boundary lines and distance of / the land proposed for the subdivision in reference to other areas of the city. b. A north arrow, graphic scale, and date of preparation. C. The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. / d. The names, alignment, and width of all existing and proposed streets, alleys, rights-of--way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right-of-way width, street or pavement width, and established center line elevation. Existing streets shall be dimensioned to tract boundary. _ e. All existing and proposed property lines, easements and rights-of--way, their ..purpose, .their. effect on .the.. property #o. be subdivided,. and -the _ proposed layout of lots and blocks. / f. Access points to collector and arterial streets showing their compliance to access-requirements. _/g. A11 existing~drainage facilities. ~! h. Existing and proposed utilities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract. The preliminary plat shall contain a statement-that all utilities are available and have been coordinated with the required utility departments. j~ i. Site for proposed parks, recreational areas and schools. jJ~ j. The location of any temporary structures or permanent structures having a temporary use. j' ~ k. If the proposed plat borders upon any public water bodies, delineate the mean.. high.water line. I. -Permanent reference markers-shall be shown. Permit Application No. - 2. Att/ached the following: ! a. Six copies of the preliminary plat. (Two sets must be sea-ed.) Pl ~ b. The name, address and telephone number of the mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such that they will join in the dedication of the proposed subdivision. `'~~~ c. A surface water drainage facilities plan certified b an engineer registe ed in the State of Florida. ~. j'~~71; V jr~ ~ ~ ~ '~ ~3 ~YII~~~ :~- J~ , J,..~~ ~ ~~~ .~' tf~`1 _ d..A. land survey with .complete legal description. prepared end certified by a registered surveyor. C.P~~~ ~~ v ~c~ ~ uryryl i~ ~,~ , ~.~~ ~~ ~ ~ ~e. A traffic impact analysis, if required. /~ f. An erosion/sedimentation control plan. ~ ~~F ~ t~ u ~-t.<~ ~ ~~ ;~ I g. A contour map showing ground elevations at intervals of not more than one foot ofi the area to' be subdivided and of a perimeter strip at least fifty (50) feet and up to one hundred a~~i fifty (150) feq~ in idth round the area. ~~ h. A statement concerning required p t ble water i~ ~f ~~ ~`'t,~~ improvements or on-site wastewater disposal data, provements, wastewater 9~~ i. A schedule for multiple phases, if appropriate. - j. 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. St oh ~, ns River ~.,~ Water Management District Kerby B. Green III, Executive DireGor • David W. Fslc, Assistant Executive Director 4049 Reid Street • F0. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at wtvrvsjnvmd.com. February 13, 2007 Grand Legacy, LLC 705 B Sebastian Sebastian, FL 32958 SUBJECT: Permit Number 4061-97879-1 Glen Rohrn Commercial Dear Sir/Madam: Enclosed is your permit as authorized by the Governing Board of the St. Johns River Water Management District on February 13, 2007. This permit is a legal document and should be kept with your other important documents. The attached MSSW/Stormwater As-Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed. By so doing, you will enable us to schedule a prompt inspection of the permitted activity. In addition to the MSSW/Stormwater As-Built Certification Form, your permit also contains conditions which require submittal of additional information. All information submitted as compliance to permit conditions must be submitted to the Palatka office address. Permit issuance does not relieve you from the responsibility of obtaining permits from any federal, state and/or local agencies asserting concurrent jurisdiction for this work. to the event you sell your property, the permit can be transferred to the new owner, if we are notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a valid permit for the new property owner. Thank you for your cooperation and if this office can be of any further assistance to you, please do not hesitate to contact us. Sincerely, Gloria Lewis, Director Permit Data Services Division Enclosures: Permit with EN Form(s), if applicable cc: District Permit File Agent: Schulke, Bittle and Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 DOVERNING BOARD David G. Graham, cHaJRr;faN John G. Sowinski, vicE caJaiRnuw Ann T. Moore: sECREraRV Duane L t?ttensiroer, sREasuRER JaCKSONV~LL ORLAtJDO eUNNEt1 J4CKSt~NVfLLE R. Clay Albright Susan N. Hughes WiNiam W. Kerr Ometrias D. Long W. Leonard Wood OC.4ta PONTE 4'EDRa A1ELBpURNE 6EACFi APOPKa FERN.aNUJNP, BEACH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO.4061-97879-1 PROJECT NAME: Glen Rohm Commercial A PERMIT AUTHORIZING: Construction of a surface water management system for Glen Rohm Commercial, a 4.54-acre commercial development. LOCATION: Section(s): 7 Township(s): 39 S Range(s): 39E Indian River County ISSUED TO: Grand Legacy, LLC 705 B Sebastian Sebastian, FL 32958 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made apart hereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shali remain the property of the permittee. DATE ISSUED: February 13, 2007 This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes: PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated February 13, 2007 AUTHORIZED BY: St. Johns River Water Management District By: Department of Water Resources C Governing Board By: Kirb B. Green I I (Assist nt Secretary) Jeff Elledge {Director) "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4-061-97879-1 GRAND LEGACY, LLC DATED FEBRUARY 13, 2007 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the compete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conduc#ed in a manner which do not cause violations of state water quality standards. 4. Prior to and during construction, the permittee shall implement and maintain al! erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. AI4 practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require addi#inal measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shalt correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as loan as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 6. At least 48 hours prior #o commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C-4.900{3) indicating the actual start date and the expected completion date. 7. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No. 40C-4.900{4). These forms shall be submitted during June of each year. 8. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide #hat entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 4061.181(14) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the District, Submittal of the completed from shall serve to notify the District that the system is ready for inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as-built drawings: 1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; 3. Dimensions, elevations, contours, orcross-sections of all treatment storage areas sufficient to determine state-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; 4. Dimensions, elevations, contours, final grades, orcross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; 5. Dimensions, elevations, contours, final grades, or cross-sec#ions of all conveyance systems utilized to convey off-site runoff around the system; 6. Existing water elevation(s) and the date determined; and Elevation and location of benchmark(s) for the survey. 11. The operation phase of this permit shat{ not become effective until the permittee has complied with the requirements of general condition 9 above, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. 12. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required. 13. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C-40, F.A.C. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 15. Any delineation of the extent of a wetland or other surtace water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under rule 40C-1.1006, F.A.C., provides otherwise. 16_ The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of rule 40C-1.612, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 17. Upon reasonable notice to the permit#ee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 19. This permit for construction will expire five years from the date of issuance. 20. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabiiization. 21. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 22. Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 23. The Permittee must furnish the District with two copies of an annual monitoring report in the month of August on District form EN-55, for the time period stated in this permit's success criteria condition. 24. If successful establishment has not occurred as stated above, the permittee must apply to the District for a permit modification no later than 30 days following the termination of the monitoring period. The application must include a narrative describing the type and causes of failure and contain a complete set of plans for the redesign and/or replacement planting of the wetland mitigation area so that the success criteria will be achieved. Within 30 days of District approval and issuance of the permit modification, the permittee must implement the redesign and/or replacement planting. Following completion of such work, success criteria as stated above or mod~ed by subsequent permit must again be achieved. In addition, the monitoring required by these conditions must be conducted. 25. The Surtace Water Management System shall be constructed and operated in accordance with the plans and information received by the District on September 12, 2006, and additional plans received on January 9, 2007. 26. The stormwater management system must be inspected by the operation and maintenance entity once within two years after the completion of construction and every two years thereafter to insure that the system is functioning as designed and permitted. If a required inspection reveals that the system is not functioning as designed and permitted, then within 14 days of that inspection the entity shall submit an Exceptions Report on form number 40C- 42.900(6), Exceptions Report for stormwater Management System Out of Compliance. The operation and maintenance entity mus# maintain a record of each required inspection, including the date of inspection, the name, address, and telephone number of the inspec#or, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. 27. Prior to construction of impervious area on the project, the permittee shall obtain a modification to this permit from the District. 28. If historical or archaeological artifacts are discovered at any time on the project site, the Permittee shall cease all activities in the immediate vicinity of such discoveries and shall immedia#ely notify the District and the Florida Department of S#ate, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or (800) 847-7278. 29. Prior to commencement of construction, the permittee and contractors must schedule and conduct an on-site pre-construction meeting with District staff. 30. The vegetative enhancement mitigation will be deemed successful if, after three years of monitoring, the monitoring reports demonstrate 80% or greater coverage by appropriate native, non-invasive species and successful maintenance of live Brazilian pepper trees, Melaleuca sp. and other invasive species to less than 5% area coverage within the enhancement mitigation area. 31. AI[ the mitigation activities must commence concurrently with surface water impacts, and the initial enhancement activities must be completed prior to the issuance of the first certificate of occupancy or the use of the infrastructure, whichever occurs first. 32. The permittee must submit two copies of an as-built survey of the culverts and structures installed for the wetland hydrologic enhancement areas. The as-built survey must be certified by a registered surveyor and show dimensions, grades, ground elevations, culvert and structure elevations and surface water elevations. The as-built must be submitted within thirty days of completion and prior to issuance of the first certit'ICate of occupancy or the use of the infrastructure, whichever occurs first. 33. The wetland hydrologic and vegetative enhancement areas must be constructed according to the wetland mitigation plan on Sheet 1 in the Stormwater Management Analysis for Culverts at Gibson S#reet for North Sebastian Conservation Area received by the District on January 9, 2007 and as described in the submittal by Bio-Tech Consulting, inc. received by the District on October 20, 2006. 34. Baseline monitoring information will be collected and submitted to the District prior to surface water impacts. The baseline data monitoring must be followed by annual vegetative data collections for vegetative enhancement mitigation areas in August. The baseline monitoring and annual data collection must be conducted in accordance with the submitta! by Bio-Tech Consulting, inc. received by the District on October 20, 2006. t' ~ info@b6a-feehennsu9fong.c1~11~ ~v~lw.bia-feeheonsulfin~.eo~ ~~ environmental and Permitting Services March 16, 2007 Margaret Reynolds,Environmental Planner City of Sebastian Proj: Rohm Commercial Project Site -Indian River County, FL Section 7, Township 31 South, Range 39 East (BTC File #130-19.05) Re: Environmental Assessment/Site Plan Analysis Dear Ms. Reynolds: During July 2004, January through March 2006 and June 2006 and March 2007, Bio- Tech Consulting, Inc. conducted environmental assessments of the Glen Rohm Commercial Project Site. The subject property is bordered to the north and south by County Road 512, within Section 7, Township 31 South, Range 39 East, Indian River County, Florida (Figures 1 & 2). The environmental assessment conducted included the following elements: • review of topography within the property boundaries; • review of soil types mapped within the site boundaries; • evaluation of land use types/vegetative communities present; • field review for occurrence of protected species of flora and fauna; and, • site plan analysis for construction permitting. TOPOGRAPHY Based upon a review of the USGS Topographic Map presented in Figure 3 (Sebastian, Florida Quadrangle), elevations range from is approximately 23 NGVD feet in the southwest to approximately 24 feet NGVD throughout the rest of the property site. Main Difice Yero Beach Office Pensacola Office 315 N. Ferncreek Ave 11111ndfan River Blud, ste 301 ~~M~3i~~• Driando FL 328D3 vero Beach FL 32960 B~~-Tech Con 4 407.894.5969 712.563.0344 Environmental and ]'err8~r~i~l~bbvices 407.894.597(1 fax 172.563.0345 fax 650.469.1104 lax Margaret Reynolds, City of Sebastian Rolun Co~rvnercial (]30-19.05) . Page 2 of 6 SOILS According to the Soil Survey of Indian River County, Florida, prepared by the U.S. Department of Agriculture (USDA), Natural Resource Conservation Service (MRCS}, two (2) soil types occur within the subject property boundaries (Figure 4). These soil types include the following: • Immokalee fine sand (#4) • Archbold and, 0 to 5 percent slopes (#12) The following presents a brief description of each of the soil types mapped for the subject property: Immokalee fine sand (#4) is a nearly level, poorly drained soil found on broad flatwoods. Typically, the surface layer of this soil type is very dark gray fine sand about 5 inches thick. During most years, under natural conditions, the water table for this soil type is at a depth of 10 to 40 inches for more than 6 months and at a depth of less than 10 inches for 1 to 3 months during the wet season. The permeability of this soil type is rapid in the surface and subsurface layers and underlying material, and it is moderate in the subsoil. Archbold sand, 0 to 5 percent slopes (#12) is a moderately well drained soil found in elevated knolls on flatwoods. Typically, the surface layer of this soil is gray sand about 2 inches thick. The water table for this soil type is at a depth of 40 to 60 inches for more than 6 months. The permeability of this soil type is excessively drained. The Florida Association of Environmental Soil Scientists considers inclusions present in Immokalee fine sand as hydric. LAND USE TYPES/VEGETATIVE COMMUNITIES The Rohm Project Site currently supports two (2) land use types/vegetative communities within its boundaries. These land use types/vegetative communities were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999) (Figure 5). The uplands which exist on the subject property consist of Pine Flatwoods (411). The wetlands/surface waters include Borrow Pit (742). The following provides a brief description of the land use types/vegetative communities identified on the site: Margaret Reynolds, City of Sebastian Rohm Commercial (130-19.05) Page 3 of 6 Uplands: 190- Open Land A small area of open land exists on the northern boundary line. This area was most likely disturbed in the past and has since left to revegetate naturally. Vegetation present includes blackberry (Rubus cuneifolius), muscadine (vitus rotundifolia), beggar's tick (Bidens alba), broomsedge (Andropogon glomeratus). 411 Pine Flatwoods The uplands existing on the site are considered Pine Flatwoods per the FLUCFCS. Vegetative species identified within this cover type include slash pine (Pinus elliottii), saw palmetto (Serenoa repens), gallberry (Ilex glabra), laurel oak (Quercus laurifolia), cabbage palm (Sabal palmetto), muscadine (1/itis rotundifolia), blackberry (Rubus cuneifolius), wax myrtle (Myrica cerifera), bracken-fern (Pteridium aquilinum) and live oak (Quercus virginiana). Surface Water: 742 Borrow Pit The surface water area located in the central portion of the site is considered Borrow Pit per the FLUCFCS. This borrow pit is composed primarily of open water. Based on the surrounding adventious roots on the melaleuca (Melaleuca quinquenervia) and Carolina willow (Salix caroliniana), Brazilian pepper (Schinus terebinthifolius) overhang and staff observation, levels appear to fluctuate with natura] groundwater fluctuations and seasonal rainfall events. The current water level as observed on March 16, 2007 site visit are approximately two feet lower than previously observed last year. The vegetation that does exist within the borrow pit resides in a thin band along the borrow pit's edge. This vegetation consists of Brazilian pepper (Schinus terebinthifolius), blackberry (Rubus cuneifolius), melaleuca (Melaleuca quinquenervia), (cattails (Typha latifolia), primrose willow (Ludwigia peruviana), Carolina willow (Salix caroliniana), and torpedo grass (Panicum repens). PROTECTED SPECIES Utilizing methodologies outlined in the Florida Fish and Wildlife Conservation Commission's (FFWCC's) Wildlife Methodology Guidelines, an assessment for "listed" floral and faunal species occurring within the subject property boundaries was conducted. This survey covered Margaret Reynolds; City of Sebastian Rolvn Commercial (130-19.05) Page 4 of 6 100% of the subject property. Particular attention was given to those listed species that have the potential to occur in Indian River County . The review included direct observations, as well as evidence of a particular species' presence such as tracks, burrows, tree markings and birdcalls. The listed plant and wildlife assessment conducted as part of this qualitative review was conducted during July of 2004. However, Bio-Tech Consulting performed other site inspections January through March 2006 and June 2006 and March 2007. No plant species listed by either The Florida Department of Agriculture and Consumer Services (FDACS) or U.S. Fish and Wildlife Service (USFWS) were identified on the site during the assessment conducted. The following is a list of those wildlife species identified during the evaluation of the site: Reptiles and Amphibians brown anole (Anolis sagrei) black racer (Coluber constrictor) six-lined racerunner (Cnemidophorus sexlineatus sexlineatus) fence lizard (Sceloporus undulates) southern toad (Bufo terrestris) gopher tortoise (Gopherus polyphemus) Birds Blue Jay (Cyanocitta cristata) Mourning Dove (Zenaida macroura) Northern Mockingbird (Mimes polyglottos) Rufous-Sided Towhee (Pipilo erythrophthalmus) Northern Cardinal (Cardinalis cardinalis) Fish Crow (Corvus ossifragus) Turkey Vulture (Cathartes aura) Common Flicker (Colaptes aruratus) Mammals pocket gopher (Geomys pineatus) nine-banded armadillo (Dasypus novemcinctus) raccoon (Procyon lotor) One (1) of the above mentioned species is listed in the FFWCC's Official Lists -Florida's Endangered Species Threatened Species and Species of Special Concern. This species is the Gopher Tortoise (Gopherus polyphemus). The following provides a brief description of this species as it relates to development of the properly. Margaret Reynolds, City of Sebastian ,, Rohm Commercial (130-19.05) Page 5 of 6 Gopher Tortoise (Goplzerus polyphemus) Currently the gopher tortoise (Gopherus polyphemus) is classified as a "Species of Special Concern" by FFWCC. The basis of the "Species of Special Concern" classification by the FFWCC for the gopher tortoise is due to habitat loss and destruction of burrows. Gopher tortoises are commonly found in areas with well-drained soils associated with xeric pine-oak hammock, scrub, pine flatwoods, pastures and abandoned orange groves. All tortoise burrows observed were recorded as active, inactive or abandoned. Approximately 100% of the habitat present on site was surveyed. Three (3) active/inactive tortoise burrows were found during the survey within the Open Land area. Using the Auffenburg-Franz conversion factor (0.614), we estimate 2 (1.842) gopher tortoises are currently using the habitat. Resolution of the gopher tortoise issue will be addressed with the Florida Fish and Wildlife Conservation Commission (FFWCC) prior to any site construction. In addition to the on-site review for listed species, BTC conducted a review for any FFWCC recorded Bald Eagle nest sites on or in the vicinity of the subject property. This review revealed no active nest sites through the 2005 nesting season on or within one mile of the subject property boundaries. SITE PLAN ANALYSIS Based on the site plan provided by Schulke, Bittle, & Stoddard, LLC, surface water impacts associated with the proposed commercial development and jurisdictional areas that exist on the site total 1.86 acres. This 1.86-acre surface water is a man-made Borrow Pit (see plans provided by Schulke, Bittle, & Stoddard, LLC) most likely constructed for fill during the construction of SR 512. The proposed impacts include the filling of 1.61 acres of the borrow area with the remaining 0.25 acre to be excavated deeper and incorporated into the surface water management system. The impacts proposed will accommodate construction of a commercial building, associated parking and stormwater pond. Avoidance & Minimization As the borrow pit is located centrally within the site, avoidance and minimization is not practical. The available uplands are not deep enough to accommodate development and the required surface water management system to serve the site. Margaret Reynolds, City of Sebastian Rohm Commercial (130-19.05) Page 6 of 6 ' Erosion & Sediment Control The applicant will implement and maintain erosion and sediment control measures both prior to and during the proposed project. This practice will insure that no adverse water quality impacts to receiving waters and adjacent lands will occur during the proposed work. Control measures will retain sediment on-site and help prevent violations of State standards. Practices incorporated will be in accordance with Chapter 6 of the Florida Land Development Manual• A uide to Sound Land and Water Mana ement. Details of the erosion and sediment control measures to be utilized are included on the plans provided by Schulke, Bittle, & Stoddard, LLC. Should you have any questions or require any additional information, please do not hesitate to contact our office at (772) 563-0344. Thank you. Regards, -. r Stephanie Salvilla Project Manager attachments ~. 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HOME OF PELICAN ISLAND Growth Management Department Site Plan Review Staff Report 1. Project Name: Sherwin Williams Paint Center 2. Requested Action: Site plan approval fora 6,000 SF retail store along with required parking, stormwater, and landscaping 3. Project Location a. Address: 729 Sebastian Boulevard b. Legal: See site plan. c. Indian River County Parcel Number: 31-38-13-00000-1000-00001.4 4. Project Owner: GEC Florida, LLC 6714 Pines Boulevard Pembroke Pines, Florida 33024 (954) 499-8663 fax: (954) 499-8665 5. Project Agents: Joseph W. Schulke, P.E. 6. Project Engineer: Schulke, Bittle & Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9496 7. Project Surveyor: Bloomster Professional Land Surveyors, Inc. 791 Northeast Dixie Highway Jensen Beach, Florida 34957 (772) 334-0868 fax: (772) 334-5283 8. Project Description a. Narrative of proposed action: The applicant has applied for site plan approval within the Chesser's Gap commercial PUD. The proposed project is fora 6,000 SF retail building located at the southeast corner of the intersection of Sebastian Boulevard (CR 512) and Fleming Street, along with the required parking, landscaping, and stormwater drainage system. Access to the site will be from CR 512 from the adjacent Exxon gas station entrance, 1 and from Fleming Street from the Elks Club driveway. Proposed water and wastewater service to the site will be accomplished via connection to Indian River County Utilities. b. Current Zoning and Land Use: PUD-C (Planned Unit Development -Commercial) CG (General Commercial) c. Adjacent Properties Zonin Current Land Use Future Land Use North: Seb. Blvd. Arterial Roadway East: PUD-C Gas Station CG South: PUD-C Elk's Club CG West: PUD-C Bank 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: (8) Parks: (9) Police/Fire: 9. Comprehensive Plan Consistency a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: .64 acres Vacant EauGallie & Immokalee None Zone X Indian River County Utilities Indian River County Utilities Riverview Park - 2 miles BSSC - 1.5 miles Indian River Fire - 1.5 miles Sebastian Police - 2 miles consistent consistent n/a n/a 2 e. Coastal Management: n/a f. Conservation: consistent g. Recreation and Open Space: consistent 10. Contents of Site Plan: a. lot configuration: provided b. finished ground floor elevation: 25.17' c. contours and designated number of dwelling units: 0 d. square footage of project area: provided - 28,091 SF e. building coverage: 6,495 SF = 23.1 f. square footage of impervious areas and open area: impervious 20,872 SF = 74.3% (75% maximum) open 7,219 SF = 25.7% (25% minimum) g. setbacks: provided - in compliance with zoning regulations Required Proposed Front (CR 512): 40' 77.67' Front (Fleming St.): 0' 14.50' Side: 0' 38.50' Rear: 0' 45.33' 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: 31.58'. I. location and character of all outside facilities for waste disposal, storage areas, or display: Provided -rear dumpster, screened with additional landscaping m. location and dimensions of all curb cuts and driveways: provided 3 n. number of spaces with their location and dimensions: provided Parking Required: Retail between 5,000 - 10,000 sf: 1 space/200 sf X 6,000 sf = 30 spaces Parking Provided: 30 spaces (24 regular, 4 compact, 2 H/C) o. details of off-street parking and loading areas (including requirements of Article X~: provided 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: Access agreements with the adjacent property owners (Elks Club and Exxon) were executed and recorded in 1997. 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 - Non-conforming pole sign (hurricane-damaged Exxon sign) has been removed. New monument sign for Sherwin Williams will be in the same location. Size, character, and height of new sign will be reviewed through the sign permit process. 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 -stormwater will be directed into the master stormwater system for the Chesser's Gap PUD, which was designed for maximum build-out of the total PUD and can accommodate stormwater from this project. aa. location of existing easements and right-of-way: provided -portions of the existing stormwater easement are being abandoned and re- located. Legal documents accomplishing this are being executed but 4 have not been recorded. The landclearing permit will not be issued until recorded copies are received by the City. 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 c. commercial and industrial activities conducted in enclosed buildings: yes d. exterior lighting: provided -outside lighting on the building and in the front parking area. 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 14. Traffic impacts: Provided - a full traffic impact analysis study and statement are on file. The project does not increase the LOS for Fleming Street or CR 512 to require improvements. 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 5 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: provided j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non- vehicular open space, perimeter and interior landscape strips, and required number of trees: provided k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: provided m. Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided n. Height, width, type, material and location of all barriers of nonliving material: provided - dumpster screening 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: n/a 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 6 22. Performance Overlay District Requirements: Provided - The proposed site plan meets the intent and requirements of the CR 512 corridor vision. The original proposed flat-roofed building has been redesigned to include a sloped roof along with architectural doorway features. The blank, unarticulated rear wall has added foundation shrubs and trees for embellishment and additional landscaping around the dumpster screening. Proposed colors are in the Overlay District master color list. 23. Additional considerations: Commercial Planned Unit Development Requirements: a) Easy access from collector and arterial streets, which this property is in compliance with both. b) The retail use conforms to the purpose of the PUD and is compatible with all uses, existing or proposed in the vicinity. c) Safe and convenient internal vehicular circulation ahs been provided. d) The site is designed with safe entry and exit from the front and rear of the building. e) Sidewalks and open space provided. Disposal of paint products was questioned by staff. The applicant stated "What little material we must dispose of is held in a 55 gallon drum and picked up by a third party contractor for disposal. This typically is mis-tinted paint which cannot be resold in a reasonable time frame. A typical store only generates 2-3 drums per year. " IRC Fire Department, IRC Utilities Department, and Environmental Health Department comments have been addressed. 24. City Engineer's review: Applicant has addressed all engineering comments. 25. Conclusion: The proposed 6,000 SF retail development is consistent with the Comprehensive Plan, Land Development Code, CR512 Corridor Overlay District Requirements, and intent of PUD-C zoning districts. 26. Recommendation: Staff recommends approval of the proposed site plan with the following condition: 1) The landclearing permit will not be issued until recorded copies of the stormwater easement abandonment's and relocation's are received by the City. PREPARED BY Y /a. 0 7 DA E 7 ~ Kimley-Horn ~ and Associates,lnc. February 27, 2007 Ms. Rebecca Grohall, AICP Director of Growth Management City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Sherwin-Williams Traffic Impact Study Dear Ms. Grohall: This correspondence serves to provide supplemental analysis for the aforementioned traffic impact study. Based on City of Sebastian Land Development Code, the minimum level of service (LOS) standard for Fleming Street between Main Street to CR 512 and north of CR 512 is LOS "D". Table 1- Roadway Link Level of Service Analysis provides an analysis of Fleming Street. Under existing conditions all Fleming Street roadway links operates at LOS "C". These roadway links continues to operate at LOS "C" under background (without project traffic) and full development (with project traffic). The results of this supplemental analysis indicate that City of Sebastian level of service standards for the adjacent roadway network serving the project can be maintained with the Sherwin-Williams development in place. If you have any questions please feel free to contact us. Sincerely, enclosure ;IATES, INC. H:\47733000\City of Sebastian Supplemental Analysis.doc ^ Suite B-100 1201 19th Place Vero Beach, Florida 32960 ^ TEL 772 562 7981 FAX 772 794 9368 ~ ; U p o U U U U ~- J a r i C N ~ a E~ N~oo~n G m rn m ~ N ~ N d •~ > O p a 3 LL Q" V m O O a`~ od J O ~a UUUU ~ _o LL 3 aN c •°-' E ~ a u O N o0 N aD In d O h o rn (O > d c- N .- d ~ ~.. 3 LL r 3 v c„ ~ ~ o ~, O O O O ~ ~ V ~ A m n0 'o E c ~ ~ j ~ m ao ~n Y R m O` N O J c . U U U U N ~ X w Y Y N C O_ J d C O O ~ ~ ~ r- °O •- ~ `"" j W ( n c a`~i i iC d O V +~+ 2 h N a~i ¢ t Y tC0 6Ei LL V) N y E N ~ 0 m > F- ~ T N U y C y N 7 ~ U C O O U O`i C U ~ m .3 m (~ m U N E C (U C 'C O U ~ U (~ N C ~ .Y 7 .~ ? ~ O ... C U ~ ~ N m f0 3 ~ ~ ~ o f0 ~ ~ o ~ U ~ ~ ~ w ~ O m N ~ E O ~ ~ c ~ U ~ p 0 0 ~ " > Z ~ ~ ~ m ~ mv~_ C y E. 0 '~ N O lL O h 2 U o C C C ~ O O O CO ~ ~ n a .~ .n ~ 'o a ~ E ~ w N N N E H O ~ m m m (~ w Z .- PROJECT MATRIX PM PEAK Annual BackgrouM 0.103 LOCATION NUMBER INTERSECTION DESCRIPTION Approach/ PHF Approach Raw IXISTING CONDITIONS Approach Background Growth Vested Vested Project Background BACKGROUND CONDITIONS Site Enter Site Exit Site S8e Trips i Trips Site FULL DEVELOPMENT Movement Number Truck % Volumes A PSCF B Distribution Split C 2 .5.00% D Project Volumes' E Volumes Distributed F Volumes G H Dist % I Dist. % J Enter , Exit 9 ~ 10 K L Trips M CONDITIONS N 1 CR 5t2/ Flemi Street 5242006 PSCF 4:30 PM PSCF 1.05 SR 1.01 0.86 i% 65 68 0.45 7 0 7 75 0%~ 0% 0.00 ( 0.00 0 75 ST' 1 02 35 37 0.25 4 0 0 4 - 47 0%: b '.0.00 i 0.00 0 41 SL 1.03 _ 43 45 __ _ 030 5 0 _ 5 Sp 0% r'°G 0.001 0.00 0 50 Vl'R 1.04 O.B4 2% 81 '~~ &6 0.12 9 3 - 8 - 93 0% n 00 0_DO 0 93 WT 1.0.5 539 566 0 78 58 2a 19 48 814 0%'~. ~ 00 I 0.00 0 814 VJL _ _ 1.08 72 76 0.10 __ e _ _. _2 6 82 85%: `~ 65 10.00 6 88 I 1 07 0 82 1 0 51 54 0.34 6 0 6 60 0%- 000 0 60 i t OB 39 47 0.25 4 0 0 4 45 0%1: 'ti 0.00 0 45 ___ 1.09 _ 63 88 041 7 0 7 73 0°h~ 3.50 4 77 Eft 1.10 0.95 2% ~ 67 70 0.12 7 ~ _ 3_ _ 7 77 0% 0% 0.00 0.00 0 77 ET 1.11 970 452 0.78 46 25 20 43 495 35% 0°/ 3.15 0.00 3 498 EL 112 51 54 D.00 8 2 5 59 0%~ '0% 000 :. 0.00 0 59 ~ Kimley-Horn ~ and Associates, Inc. Job Designed by Subject Date Checked by 1 N Sheet No. of Job No. Kimley-Horn & Associates, Inc. 601 21st Street Suite 400 File Name : CR 512 & Fleming Street 05-24-06 PM Vero Beach, FL 32960 Site Code :99999999 Start Date :5/24/2006 Page No : 1 C;rnunc Printari- l Inshiftari Fleming Street CR 512 Fleming Street CR 512 Southbound Westbound Northbound Eastbound Start Time Right Thru Left Truck Right Thru Left Truck Right Thru Left Truck Right Thru Left Truck Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 26 8 10 1 13 111 23 5 11 7 19 1 15 89 16 0 355 04:15 PM 15 9 7 0 18 127 12 7 15 11 10 0 13 85 9 4 342 04:30 PM 14 15 12 1 20 131 22 6 15 10 20 1 16 103 10 4 400 04:45 PM 16 9 9 0 17 116 20 4 13 14 20 0 16 114 17 1 386 Total 71 41 38 2 68 485 77 22 54 42 69 2 60 391 52 9 1483 05:00 PM 13 6 14 0 21 171 16 3 7 7 7 1 11 105 15 0 397 05:15 PM 22 5 8 0 23 121 14 3 16 8 16 0 24 108 9 7 384 05:30 PM 10 5 8 0 26 114 25 6 14 7 16 0 11 94 13 1 350 05:45 PM 19 7 3 1 13 114 4 2 6 14 12 0 14 102 16 1 328 Total 64 23 33 1 83 520 59 14 43 36 51 1 60 409 53 9 1459 Grand Total 135 64 71 3 151 1005 136 36 97 78 120 3 120 800 105 18 2942 Apprch % 49.5 23.4 26.0 1.1 11.4 75.7 10.2 2.7 32.6 26.2 40.3 1.0 11.5 76.7 10.1 1.7 Total % 4.6 2.2 2.4 0.1 5.1 34.2 4.6 1.2 3.3 2.7 4.1 0.1 4.1 27.2 3.6 0.6 erring ree Out In Total 334 273 607 135 64 71 3 Right Thru Left Truck ~' 1 ~- M ~~ F N lt) ~~~ J 1 ~ ~ j '. ~ o O North ~~ m M V r c o D L-~ ~ I-? O C O rr _ ~ /24/2006 4:00:00 PM w ~ j, N t err 1 /24/2006 5:45:00 PM ~ ~ ~xm m o o N ~ U ` Unshifted • -i c N ~ o <o f°' - H x rn ~' ~ T r Left Thru Ri ht Thick 120 78 97 3 320 298 618 Out in Total i t Kimley-Horn & Associates, Inc. 601 21st Street Suite 400 File Name : CR 512 & Fleming Street 05-24-06 PM Vero Beach, FL 32960 Site Code :99999999 Start Date :5/24/2006 Page No : 2 Fleming Street CR 512 Fleming Street CR 512 Southbound Westbound Northbound Eastbound Start Time Rig Thr Left Tru App. Rig Thr Left Tru App. Rig Thr Left Tru App. Rig Thr Left Tru App. ht u ck Total ht u ck Total ht u ck Total ht u ck Total Peak Hour From 04:00 PM to 05:45 PM -Peak Intersectio 04:30 PM n Volume 65 35 43 1 144 Percent 45.1 24.3 29.9 0.7 04:30 14 15 12 1 42 Volume Peak Factor High Int. 04:30 PM Volume 14 15 12 1 42 Peak 0.857 Factor 51 39 63 2 155 32.9 25.2 40.6 1.3 15 10 20 1 46 04:45 PM 13 14 20 0 47 0.824 67 430 51 12 560 12.0 76.8 9.1 2.1 16 103 10 4 133 04:45 PM 16 114 17 1 148 0.946 emmg ree Out In Total 171 144 315 65 35 43 1 Right Thru Left Truck ~' 1 ~- ~~ H N ~~s J 1 I ~_ ~ 0 D N O ~ North ~ a O c `" ~ C [w1 ~ /24/2006 4:30:00 PM ~ ~ ~ t ~~ 124/2006 5:15:00 PM ~ ~x N W O ~ N J ~ Unshifted ~ N ~ 0 N H F ~ I Left Thru Ri ht Truck 63 39 51 2 174 155 329 Out In Total I t t 1 of 1 81 539 72 16 708 11.4 76.1 10.2 2.3 20 131 22 6 179 05:00 PM 21 171 16 3 211 0.839 Int. Total 1567 400 0.979 ARTICLE IX. CONCiJRRENCY MANAGEMENT TABLE INSET: Page 1 of 1 ROADWAY FACILITY MINIMUM LOS STANDARD PEAK HOUR* State Arterials U.S. Highway 1 C County Arterials CR 512 (Fellsmere Highway) D CR 505 (Roseland Road) D County Collectors Indian River Drive D Schumman Drive D City Collectors Barber Street (Wimbrow Drive to Schumann Drive) D Fleming Street (Main Street to CR 512) D Easy Street (Main Street to Schumann Drive) D Vocelle Avenue (CR 505 to Fleming) D Main Street (US 1 to Wimbrow Drive) D Laconia Street (CR 512 to South City Limit) D Significant Local Streets Shown on the Major Thoroughfare Plan Barber Street Extension (Schumann Dr to US 1)--City D Englar Avenue (Barber St to Schumann Dr)--City D Wimbrow Drive (Main Street to East CR 512)--City D Louisiana Avenue (Main Street to CR 512)--City D Local All roads not classified as arterials, collectors, or significant local streets shown on the Major Thoroughfare Plan. D *The peak hours shall be the 30th highest hour established by FDOT. Prior to issuing a development order the city shall review all proposed development to ensure consistency with adopted LOS standards. No development shall be approved that is projected to decrease the existing LOS below the adopted standard, unless those are mitigated by the developer. O H W E H ra°~ V co ~ r N ,, ry ~ ~ ~ s I ~ ~ ~,y, Foo~ o Q o 0 G a N Vl4 ~ oo 0 0 O~ T ~ , ry vi VS O m ~. t M [r 0 0 o p O o ~ s N h ry m M 0 0 0 0 ~O N N a ..... _.. t d ... . ....................~...,_..........._...._...._.........,....~ ~ i w f ~ ~ ~ ~~ t ~ ~ ~, ou [ ~ ~ ~ ~ ~ ~, 3 ~ O ~ ~~ ~ ~ W ~ ] (( w { _ 3 G i ~ 1 ...~. E __...~_~_ t4( ~ { s ~______m___.__. w a A a ~ ; ~ ~ ~~ , ~~ ~ ~ ~ o ~ C ~~ ~ .-. ~ 7. O p W' `" a ~ k. ~ W [~[~W~JJ]] ~+~1 CC'~~~ z ~ h CL~i U _N N_ h h Ri R: U U N_ h R U t G e } i ~....„..x r . x .,.. V ~ V , ? ~ v~.. `._.~.........,......mY_.._..........._..._~ .. E n 7 ~ ~~~ i ......,.1.., ......L~._E ._...,...~.... ....,,._._...__...._...,.~..,,..._. .......__,__._,_ i [i~ !~ h O U .n U w w G 0 U O M ~ o 0 O o N vj 0 H N O O N 3 0 cal w 0 H O U Permit Application No. m. 5~~ City of Sebastian HDME OF PELICAN ISLAND Development Order Aapl-ication A licant If not owner, written authorization notarized from owneris re aired Name: ~ ~ 0 I Q LLC Address:. W ~ I `"f ~ I nw ~ VA , `~~rnbYv K~~i nos ~ p 2~ Phone Number: ( ) '~'4' - q SCvCv3 FAX Number: - 2 ') E-Mail: 1: Q. Owner If different from:a licant - Narne: ,, ,. ` ~i Address: Phone Number: ( ) - FAX Number: ( ) - E-MaiL Title of permit or action requested: /' PLEASE CQMPLETE ONLY THOSE SECTIONS WHICH-ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU. ARE REQUESTING. COPIES OF ACL MAPS, SURVEYS, DRAWINGS, ETC.-SHALL BE ATTACHED AND'8-1/2" BY 11° OOPIES OF ANY ATTACHMENTS SHALL`BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMEl'AL INFORMATION FORM. A. Pr1ect Name (if applicable)2 B. Site Information Address: ~~~GiS`~i~Gt l vc~ a n 2-i'ft -1`t , Lot: ~ BIoCk Unit: Subdivi i n: SSQi~S Indian River County Parcel #: .31-.3 b - l3.- 0 0o ao - voa - a 4 Zoning Classification: C- 5 Future Land Use: d Existing Use: ~ ~ Proposed Use: Detailed-description of, proposes extra sheets if necessary): purpose of the requested . E /- - ~ it or action (attach DATE RECEIVED: ~ ~/~ FEE PAID: ~~6~ RECEIVED Permit Application No. D. Pro'ect Personnel: Name: ~~J Yi ~VEU ~~~~. ~' 0 e~4t ~~. I~f ~ ~ ~ ~~", - ~-f.C Address t~ I~ ~~ 1 aY~ ~! ~~.~' ~ t/~ -~ ~(.~ Phone Number: ( ) ~?~ - ~~~~ '1 FAX Number: („7,7Z) ~ (~Q, E-Mail:... ~: ~ S6.s ~t r-~~rs ~ Com Attorne Marne: Address Phone Number: ( ) - FAX Number. ( ) - E-Mail: En ineer:. . Name: f2~T Address Phone Nlrnber: ( ) - FAX Number. ( ) - E-Mail; Surve` or: Name: CY1S' ~ ., -1 ~hGl ~ {'a 7(aYV 0 /5 ~ I'~ "Address ~~ ~ ~ r ,{ Iv G ~. +4 w e h~ 5 Phone Number: ( ) ~~ - ~ ~ ~ AX Number: ) - . E-Mail:- ~erdvL~ei / I, r7 ~ BEING FIRST DULY SWORN, DEROSE AND SAY THAT: _ I AM. THE OWNER ~I THE LE L NTATIVE • .THE -OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICAT N, A AT A L INFORMATION, MAPS, DATA: AND/OR SKETCHES PROVIDED 1N THIS APPLICATION ARE pCCU E AN UE TO TH BST OF MY KNOWLEDGE AND BELIEF. 7~z`~/Ofo SI N E DATE 7 SWORE l~0 AND SUBS IBED BEFORE ME BY __ ~SSCI~FF ~Ifc t_.~G~ WH01$ P FOR PRODUCED AS IDENTIFIC ' d ~ DAY OF v O Wllhalll ~t0C~C1ffi'C~ ,,~ps~P ''~, mo=o. c+-_ COIl1illiSS10Il~)~~igg9 NOTARY~S SIGNATURE =`= ° '~= EX 1TeS: Api I2, ZU~9 e~ PRINTED NAME OF NOTARY /''f °F~~~P~` AHann~Bonding Co., InF. COMMISSION NO./EXPIRATION SEAL: Permit Application No. °"~ Supplemental Information S . . "~ V Site Plan Approval HOME OF PELICAN ISLAND v/1. Site size in-acres or square feet: ; ~ ~ , t ~~ ~~ ~2. Area of impervious surface in square feet: 2 e~ ~ ~ `~ ST 3. Area of pervious surface in square feet: 7, ~ ~ $ . 4. Attach the following: J a. Six copies of site plan with lot configuration, finished ground floor elevations, contours and designated number of dwelling units:, and setbacks to scale indicating compliance with regulations. (Tyro sets must be sealed.) _~ b. A scaled drawing of the sides, front. and rear of the building or structure, generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building exterior construction material arid color;.. and building: ridgeline height. {"~ ~ c. A surface-water drainage facilities plan certified by an engineer or architect Mq`~'f~Z „ registered. in the:>State of Florida. A~1AI Q,;~?~ ,~ tl. A land .survey-with complete legal description prepared and certified by a registered surveyor.. N Bk A traffic impact analysis,. if required. f. An erosion/sedimentation control plan. g. A'copy of the landscape-plan to meet the requirements of Article XLV, Tree Protection and Landscaping, or Article XXI Rerformance Overlay Districts, as;stated'in the land Development Code. ~/ h. A verified statement showin each and eve indivi g ry dual person having a ~n~ legal and/or equitable .ownership interest in the subject property except publicly. held corporations whose stock is traded on a nationally recognized stock exchange, in which-case the name and address of the corporation and principal executive officers will be sufficient.. _ i. A list of the- names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Permit Application No. The #ollowing is required for alt 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 PRO ERTY RIBED WHICH IS _ THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND-EVERY MEMBER OF THE C` 1 ~ 5~~~~~~ C4 ~7/~JJSSlD"'S BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/V1/E 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 UNIT TATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS VER AND O NT 1S BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P ISES MADE,. Y EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OFSEBASTIAN. SIGNATUR DATE Swo to before me by ~a5~~~` C,c~~,>1. wh s son me or produced n as d tificatlon, is 2 day of J 20 " Notary's Signature .~~;YP~-,, ~TVilliam Stoddard Printed Name of Notary '_°•~~ ~`~= Commission#DD401889 Commission No.CExpiratibn a~. '`~:oe Expirees~: A r ~1-2•, 2009 ~9~...•pP~ WIId~Tlll4 Seal` ,,,oF~.,. ~" Atlantic Bonding Co., Inc. Permit Application No. `/5. The following information is required on all site .plans: ~a. Locate on the site plan and describe the character of all outside facilities for ~, waste disposal, storage areas, or display. _/ b. Locate on the site plan and show the dimensions of all curb cuts and driveways, including the number of spaces with their .location and dimension, details of off-street parking and. loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment. .Any: combined off- treet parking. facilities shall be submitted with an agreement specifying the nature of the arrangement, .its anticipated / duration, and signatures of all concerned property owners. c. Locate on the site plan all pedestrian walks, and height or orientation of ail signs. _V d. Locate on the -site plan and describe the character of landscaped areas and/or recreation areas. _%. Locate on the-site plan -and describe the desigp and character of all public, semi-public, or :.private utilities such as water .and wastewater disposal facilities, underground or overhead elecfric lines, gas transmission lines, or J other similar facilities orservices. f: Locate on the site plan-and describe the height and general character of perimeter or ornamental walls, fences, landscaping, including beans and other required screening devices, and any other plans for protecting- adjacent property owners. g. Locate on the site plan existing easements and rights-of--way. 1490350 RECORDED IN THE RECORDS OF JEFFREY K BARYON, CLERK CIRCUIT COURT INDIAN .-- RIVER CO FL, BK: 1657 PG: 211, 11/10/2003 03:29 PM DOC STAMPS D $1400.00 This Instrument Ptepated 13y end Rehm To: Peter Z. Skokos, Hsq. ', Norton, Hamnwnley, Lopez @ Skokos, P.A. 1819 Main Street, Suite 610 -. ~`~ `'jt Saraaola, FL 34236 ~~ , i:~ ~<.`>. IJr ~f~` WARRANTY DEED !; THIS INDENTURE, made this 3D~ day of ~PtEM $t~R .2002, between BAYROCK ENERGY, INC., a Florida corporation, whose address is 1031 So. Caldwell Street, Suite 101, Charlotte, NC 28203 ("Grantor"), to GEC FLORIDA, L.L.C., a Florida limited liability company whose mailing address is 6714 Pines Boulevard, Pembroke Pines, Florida 33024 ("Grentee'~. WITNESSETH:,%^~~ THAT the Grantor, for and in consideration of the~um Hof TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of whi rs hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed anfirmed, and by these presents does grant, bargain, sell, alien, remise, release and confirm to the Gn;ntee, its s~cessors and assigns forever all that certain parcel of land situate, lying, an g in the County of .N1d i qn State of Florida, described as follows, to wit: ~ , ,. See Exhibit "A" attached hereto ~1 Subject to taxes for the year 2002 /i~~13'Dsequent years and the items set forth in the attached Exhibit `B". ~~~/{{ Parcel Identification Number: y~s313 8 0 0~ t O p 0000 o t. 9 TOGETHER with all the to ~nts, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO Hl ~ THE SAME IN FEE SIMPLE FOREVER AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority bo sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful chums of all persons whomsoever; and that said land is free of all encumbrances except as noted above. ;'~ ~,)1 .: ,~ ((. t ~l~ ~; i /~ _~' ~~ l/ t`,, l~~ /r-f`' ~~ BK: 1657 PG: 212 /(`, .' , ~r r ~; %,, f It ~; IN WITNESS WHEREOF, the said Grantor bas hc;reunto set his hand and seal the d`ay and year first above written. ;~:;~ /r rrf~ SIGNED, SEALED AND DELNERED ~f`~`"' IN THE PRESENCE OF: ;:' tN e: t.ig;_a ,v r4on ~+~++t~~P~A111 /1Te STATE OF NORTH CAROLINA COUNTY OF Mecklenburg ~+ i"': The foregoing instnnnent was aclmowledged 2002, by Matthew Bogdovitz, as Vice Presider cor,~p~~ionn behalf of the corporation. /` u C BAYROCK ENERGY,, ., a Florida corporation ~, ~F By. / e6~i."~ Matthew Bogdovitz, as,its' Vice President ~ ;~;~4~~ ~r J} ~ ~o" ~r, i ~~? ~emethis 27th day of September 3AYROCK ENERGY, INC., a Florida :E~intName: Gennie Marshall My Commission Expires: 03 / 19 / 05 ~}`so~tally Known X (OR) Prod}yced Identification Type of identification produced 1( ~ H:MPPS1wpBW)541331FORMS\vmcAecdwpd ~j ;5~~, ,~ ~% f~ f~ r' ,~,_' ,r-•, /' ~,," %` ~!~ ,- '~ .. BK: 1657 PG: 214 ., r; !;` „`, ~%` J`~', ~l ri r""! EXHIBIT B ~~, Ordinance No. 87-09 by and between the City of Sebastian, Florida, and Se I n Genera! Partnership, B.F.T., a Florida general partnership, adopting a conceptual de pment plan and imposing restrictions, recorded in Offiaal Record Book 782, Page 284, oft Public Rewrds of Indian River County, Florida. /,. r% Resolution No. 90-46 by and between the City of Sebastian, Florida, and Sebastian General Partnership, B.F.T., a Florida general partnership, approving development plan, with conditions and restrictions, recorded in Official Record Book 881, Page 98, of tfie Public Records of Indian River County, Florida. Deed of Easement and BIII of Sale of Utility Fadlities to Indian River County, recorded in Offidal Record Book 923, Page 2211, of the Public Records of Indiapj~jver County, Florida. ' Non-Exdusive Easement by and between The Sebastian ~ffd~~ge~~~~No. 2714, Benevolent and Protective Order of Elks of the United States of America c., and Sebastian General Partnership, BFT, a Florida General Partnership, recd Official Record Book 1150, Page 1801, and Partial Assignment of Easement by and betwe nand Sebastian General Partnership, BFT, a Florida General Partnership, and Bayrock , Inc., a Florida corporation, recorded in Official Record Book 1155, Page 1334, of the Pub corns of Indian River County, Florida. /~~ 0 ,!: i ~. rr'1'~ !i /~ `~ tf ~~ ( ~~i f 1~ ~~ ' ,i~ /f /`~ i/ ~i ~~ q~_ !/, / j. i; CilY dF ri r~ ! ~ ' r J , l ~v1 ,y ~~ F101dtE +DF Firi.ICAN 15LAhdi~ 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-$24$ PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HAS SCHEDULED A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A REGULAR MEETING TO BE HELD ON THURSDAY, APRIL 19~, 2007 AT 7:00 P.M., TO MAKE A RECONIlVIENDATION TO CITY COUNCIL REGARDING A PROPOSED SITE PLAN FORA 6,000 SF RETAIL STORE (SHERWIN WILLIAMS PAINTS) TO BE LOCATED AT 729 SEBASTIAN BOULEVARD AT THE SOUTHEAST CORNER OF THE INTERSECTION OF CR512 AND FLEMING STREET, WITHIN THE CHESSERS GAP SHOPPING CENTER, ALONG WITH THE REQUIRED PARKING, LANDSCAPING, AND STORMWATER DRAINAGE. I.R.C. TAX PARCEL ID NO. IS 31-38-13-00000-1000-00001.4. CURRENT ZONING IS PUD-C (PLANNED UNIT DEVELOPMENT - COMMERCIAL) AND LAND USE IS CG (GENERAL COMMERCIAL). ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED SITE PLAN. ANDREW ALLOCCO, CH(~~IRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEED5 SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CTTY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: FRIDAY, APRIL 6, 2007