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Home My WebLink About10222003BOA AgendaLl 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589 -5537 ■ FAX (561) 589 -2566 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 22, 2003 6:30 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: A. PUBLIC HEARING: Regular meeting — 2/26/03 CWN, LLC (C.N. KIRRIE) in regards to Lots 16, 27 and 28, Fleming Grant, Section 30 at 129 Street, is requesting the following variances: 1. Modification of the required buffer along the project perimeter that abuts conservation lands. 2. Utilization of bamboo to satisfy the landscape requirements along the east and west perimeters of the north five acre tract. 3: Driveways to be 6" stabilized base rather than concrete or asphalt. 4. Parking areas to be porous rather than concrete, asphalt or other comparable material. 8. CHAIRMAN'S MATTERS: 9. MEMBERS' MATTERS: 10. STAFF MATTERS: 11. ADJOURN: • ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A • • CITY OF SEBASTIAN BOARD OF ADJUSTMENT REGULAR MEETING FEBRUARY 26, 2003 CITY COUNCIL CHAMBERS 1225 MAIN STREET SEBASTIAN, FL 32958 MINUTES Mayor Bames called the Regular Meeting to order at 6:31 p.m. The Pledge of Allegiance was recited. ROLL CALL: PRESENT: EXCUSED ABSENCES: ALSO PRESENT: ANNOUNCEMENTS: Mayor Walter Barnes Joe Barczyk Edward Majcher, Jr. Vice -Mayor James Hill Ray Coniglio Jan King, Growth Management Director Jeanette Williams, Deputy City Clerk None APPROVAL OF M INUTES: Regular Meeting — 1/8/03 MOTION by Barczyk/Hill "Approve minutes from regular meeting 1/8/2003" ROLL CALL: Mr. Hill -aye Mr. Barczyk -aye Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye MOTION CARRIED 5 -0 OLD BUSINESS: None NEW BUSINESS: A. Public Hearing — ONSITB MANAGEMENT, in regards to Lot 145, Collier Club Phase HA, located at 770 Gossamar Wing Way, is requesting a variance to allow an accessory structure to be 3.5 feet from the rear property line, whereas the code requires this structure to be a minimum of 10 feet from the rear property line. • The Growth Management Director stated the reasons to grant this variance is to save numerous oak trees, and since the property abuts a conservation area and staff recommends approval. Board of Adjustment Meeting •February 26, 2003 Page Two The Mayor opened the public hearing but there was no input. MOTION by ConiglioBarczyk "I move for approval of variance of Lot 145, Collier Club Phase RA, to allow the accessory structure to be 3.5 feet from the rear property line." ROLL CALL: Mr. Barczyk -aye Mr. Coniglio -aye Mr. Majcher - absent Mayor Barnes -aye Mr. Hill -aye MOTION CARRIED 40 CHAIRMAN'S MATTERS: None MEMBER'S MATTERS: None STAFF MATTERS: None . Being no further business, the meeting was adjourned at 6:35 p.m. Approved at the Walter W. Barnes Mayor Attest: Sally A. Maio, CMC City Clerk Board of Adjustment meeting. Prepared By: Jeanette Williams Deputy City Clerk 1. 2. Growth Management Department Variance Application - Staff Report Project Name: CWN, LLC (C.N. Kirrie) Industrial Development Requested Action: Variances requested for the following: 1. Modification of the required buffer along the project perimeter that abuts conservation lands. 2. Utilization of bamboo to satisfy the landscape requirements along the east and west perimeters of the north five acre tract. 3. Driveways to be 6" stabilized base rather than concrete or asphalt. 4. Parking areas to be porous rather than concrete, asphalt or other comparable material. is 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. 6. • Project Agent: Project Description: 129`h Street Lots 16, 27 and 28, Fleming Grant, Section 30. CWN, LLC C. N. Kirrie 12855 79`h Avenue Roseland, FL 32958 Bruce Moia, P.E. Mosby & Associated, Inc. 2455 14`h Avenue Vero Beach, FL 32960 a. Narrative of proposed action: Mr. C.N. Kirrie, on behalf of CWN, LLC filed for site plan review for the proposed development of a manufacturing facility within the industrially zoned section of north Sebastian along 129 Street. Proposed development of the subject parcel includes construction of a 50,000 square foot (20,000 square foot in first phase) manufacturing facility, together with associated parking, water and wastewater service, drainage and landscaping. • Access to the site will be accomplished via a driveway connection to 129th Street. Proposed water service will be accomplished via construction of an on -site well, and wastewater service will be provided via installation of an on -site septic system. Stormwater runoff for the proposed development will be routed to an on- site retention area. The overall site is approximately 15.01 acres. Staff advised Mr. Kirrie that certain elements of his proposed site plan regarding the driveways, parking areas and landscaping did not satisfy the Sebastian Land Development Code and would require variances by the Board of Adjustment. The Planning and Zoning Commission held a public hearing on August 7, 2003 and approved the overall site plan. The applicant is now formally requesting the variances. b. Current Zoning: C. Adjacent Properties: North: East: South: West: d. Site Characteristics 0 Zoning Rose -4 A -1 C C/Rose -4 (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: Current Land Use Residential/vacant (Co.) Residential (Co.) Vacant (HCP) Vacant (HCP) 15.01 acres vacant well on -site septic Future Land Use C -IN C -IN C C BOARD CRITERIA FOR DETERNUNING VARIANCES (Section 54- 1 -2.5): In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must find the following: a. Existence of special conditions or circumstances. b. Conditions not created by applicant. pul C. Special privileges not conferred. • d. Hardship conditions exist. e. Only the minimum variance granted. L Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards may be imposed. h. Time limit may be imposed. i. No use variance permitted in specified instances. Please reference Section 54 -1 -2.5 of the Land Development Code for further explanation and clarification of the conditions as set forth above. Staff Summary: 1. Modification of the required buffer along the project perimeter that abuts conservation lands. • The code requires a 10' wide landscape strip with a 3' (minimum) solid hedge, supplemented with a tree every 35 feet. Applicant is proposing to allow the natural vegetation on the site to fulfill this landscape requirement. The tree requirement for this area would be 63 trees, and Mr. Kirrie proposes to save 65 trees. So essentially, the variance request is for a variance from the hedge requirement along the perimeters adjacent to conservation lands. 2. Utilization of bamboo to satisfy the landscape requirements along the east and west perimeters of the north five acre tract. The code states the following: Type "A" Opaque Screen. An opaque screen is intended to completely exclude all visual contact between uses. The type "A" screen shall be completely opaque from the ground up to a height of at least six (6) feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six (6) feet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of planting, or field observation of 3 existing vegetation. The six (6) foot opaque portion of the screen must be opaque in all • seasons of the year. The applicant has proposed a 10' wide bamboo hedge (with no trees) extending 660 feet along the east side and 660 feet along the west side of the north 5 -acre tract. Staff asks that more clarification be provided regarding height at planting, and spacing among plants in each of the 10' x 660' areas. 3. Driveways to be 6" stabilized base rather than concrete or asphalt. Section 54- 3- 10.5.(e).(5) states "Commercial driveways shall be constructed with concrete or asphalt and shall satisfy all applicable regulations as established in article XIX, Subdivisions." Applicant has requested to use a 6" stabilized base compacted to 98% density. 4. Parking areas to be porous rather than concrete, asphalt or other comparable material. The code states the following: Porous surfaces. The use of porous parking surfaces suitable for use on specific sites within the • City and so demonstrated by the land owner or his designated agent may be approved by the Planning and Zoning Commission upon recommendation of the City Engineer, as an alternative to the surface requirements of subsection 54- 3- 10.10.A. Paved handicapped parking shall be provided at all sites where it is required. The consideration, approval and use of porous paving shall be limited to places of worship, historical structures, public recreation facilities, and establishments which do not have parking needs on a daily basis: Mr. Kirrie proposes a 6" stabilized base compacted to 98% density. Staff Recommendation: Hold quasi-judicial hearing to consider the request for variances. El Zo- Date • City of Sebastian Development Order Application • Permit Application No. Ap licant (if not owner, written authorization notarized from owner is required) Name: CWN, LLC c/o C.N. KIRRIE \\ Phone Number: (772) 589 -5547 JFax Number: E -Mail: 129TH STREET Lot: Block: Unit: Subdivision: 16,27,28 FLEMING GRANT, SECTION 30 Indian River County Parcel # : Ap licant (if not owner, written authorization notarized from owner is required) Name: CWN, LLC c/o C.N. KIRRIE Address: 12855 79TH AVENUE ROSELAND, FL 32958 Phone Number: (772) 589 -5547 JFax Number: E -Mail: Owner (if different from applicant) Name: SAME AS APPLICANT Address: Phone Number: Fax Number: E -Mail: rype of permit or action requested: SITE PLAN VARIANCE PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 1/2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): l C.N. KIRRIE IN DEVELOPMENT B. Site Information Address: 129TH STREET Lot: Block: Unit: Subdivision: 16,27,28 FLEMING GRANT, SECTION 30 Indian River County Parcel # : 00- 30 -38- 00001 - 0300 - 00016.0 Zoning Classification: Future Land Use: IN INDUSTRIAL Existing Use: Proposed Use: VACANT MANUFACT. BUILDINGS Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Variance ro previously approved {8 -7 -03 P&Z) plans for stabilized marl parking /drives and landscape modifications. DATE RECEIVED: O FEE PAID: RECEIVED BY: Ibl � =orm CD -2001 Page 1 of 3 Development Application proved: 08 -27 -97 1 Revision: File Name: DOA • D. Project Personnel: Agent: BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Number: 772 569 -0035 IFax Number: 772) 778 -3617 E -Mail: Attorney: Name: Address: Phone Number: ) Fax Number: E -Mail: Engineer: BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Number: 772) 569 -0035 Fax Number: (772) 778 -3617 E -Mail: Surveyor: Name: CARTER ASSOCIATES, INC. Address: 1708 21 ST STREET VERO BEACH, FL 32960 Phone Number: 772) 562 -4191 Fax Number: (772)562-7180 E -Mail: I, C.N. KIRRIE, BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature Date Sworn to and subscribed before me by (Iw,a�l �'fft� k, ee I �.- Who is personally known to me or produced as identification, Is _day of _ 1 2003 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY �0 U COMMISSION NO. /EXPIRATION ` SEAL: MY Com SMI SIGN A CC 960216 •Form CD -2 of Development AP File Name: DOA • The following is required for all comprehensive plan amendments, zoning amendments (inicuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. I/WE, X , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD /COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD /COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. IIWE HEREBY WAIVE ANY OBJECTION OR DEFENSE IM/E MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Signature Date • Sworn to and subscribed before me by Who is personally known to me or produced as identification, this _� day of =7777 200 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION ' S SEAL: • Form CD -2001 Page 3 of 3 -Development Application Approved: 08 -27 -97 1 Revision: I File Name: DOA °.N',t, "�•. JOAN C. BMCUS COMMISSION # CC 980216 .12 &aMY EXPIRES: March 5, 2005 Bonded Thru Notary PuW Undenvrk= Form CD -2001 Page 3 of 3 -Development Application Approved: 08 -27 -97 1 Revision: I File Name: DOA • Supplemental Information Application to the Board of Adjustment • Permit Application No. X 1. This application is for a: X Variance(s) Appeal(s) X 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing (attached extra sheets if necessary): X 4 Attach the following: X a. A boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and rights -of -way. X b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. X c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. Form CD -2003 Page 1 of 1 JBoard of Adjustment A proved: 08 -27 -97 Revision: IFile Name: SIBOA 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589 -5518 ■ FAX (561) 589 -2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING OCTOBER 22, 2003, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54- 3- 10.5.(e).(5), SECTION 54- 3- 10.10.(b) AND SECTION 54 -3 -14.9 OF THE SEBASTIAN LAND DEVELOPMENT CODE. CWN, LLC (C.N. KIRRIE) IN REGARDS TO LOTS 16, 27 AND 28, FLEMING • GRANT, SECTION 30 AT 129TH STREET, IS REQUESTING A VARIANCE TO ALLOW A STABILIZED COMMERCIAL DRIVEWAY WHEREAS THE CODE REQUIRES CONCRETE OR ASPHALT. APPLICANT ALSO REQUESTS PERMISSION TO UTILIZE POROUS PARKING WHEREAS THE CODE REQUIRES NON - POROUS SURFACES FOR PARKING AREAS RELATED TO MANUFACTURING USES. APPLICANT IS ALSO REQUESTING TO UTILIZE A 10 FOOT WIDE BAMBOO LANDSCAPE BUFFER ALONG THE NORTHERN PORTION OF THE PROJECT, AND NO LANDSCAPE BUFFER ALONG THE PROJECT PERIMETER WHICH ABUTTS CONSERVATION LANDS. WALTER BARNES, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) 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 THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE. WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR • AT (561) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published October 7, 2003