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HomeMy WebLinkAbout02-13-2013 BOA AgendaLily OF"�'` HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 13, 2013 6 :00 P.M. L CALL TO ORDER: 2, PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Meeting of 3/28/12 6, OLD BUSINESS: 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC BEARING: SEACOAST NATIONAL. BAND, IN REGARDS TO LOT 21, LYING EAST OF U.S. HWY. 1 OF WAUREGAN SUBDIVISION, LOCATED AT 13070 U.S. HWY. 1, IS REQUESTING A VARIANCE TO ALLOW A BANK WITH DRIVE - THROUGH FACILITY TO BE 44 FEET FROM A RESIDENTIAL DISTRICT, WHEREAS THE CODE REQUIRES SUCH USE TO BE 100 FEET FROM A RESIDENTIAL DISTRICT. 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 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 (772) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. CITY HOME OF PELICAN ISLAA''N''D MINUTES BOARD OF ADJUSTMENT MEETING WEDNESDAY, MARCH 28, 2012 — 5:30 P.M. 1225 Main Street, Sebastian, FL Mayor Hill called the Board of Adjustment meeting to order at 5:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Senior Planner, Jan King MIS Engineer Analyst, Rob Messersmith 4. ANNOUNCEMENTS - None 5. APPROVAL OF MINUTES: Meeting of 2/22112 MOTION by Ms. Coy and SECOND by Mr. Wright to approve the February 22, 2012 minutes passed with a voice vote of 5 -0. 6. OLD BUSINESS - None 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: LORRAINE DACEY, IN REGARDS TO LOT 20, BLOCK 232, SEBASTIAN HIGHLANDS UNIT 6, LOCATED AT 874 CARNATION DRIVE, IS REQUESTING A VARIANCE TO ALLOW A SCREENED PORCH AND POOL AREA TO BE 7.7 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 10 FEET FROM THE REAR PROPERTY LINE. The City Attorney read the title of the variance request. There were no ex -parte communications to disclose, but Mayor Hill said Ms. Darcy is personal friend of his family though that would not affect his vote. Board of Adjustment Meeting March 28, 2012 Page Two The Senior Planner said this variance is requested because although an original survey from 1998 did not show an encroachment into the rear easement, a new survey done for a pending sale now shows the pool enclosure encroaching 2.3 feet into the rear easement. She noted this is not the original owner, there is no negligence, it would not be prudent to remove the portion encroaching because it could undermine the pool and staff recommends approval of the variance. Pat Burklew, representing Mrs. Dacy, said she had utility letters supporting the abandonment of the easement and asked if there are any questions. There was no public input in favor of or opposed to the request. MOTION by Mr. Wright and SECOND by Mr. Gillmor to approve the variance. Mr. Gillmor asked if there was a deep drainage ditch in the rear. The Planner replied there was not, that the Public Works Department did not notice anything that would have any affect on abandoning the easement, and added the phone company had requested locates of phone lines and they were found to be right on the property line, so everyone signed off. Result of roll call vote: AYES: All NAYS: None Passed 5 -0. 8. CHAIRMAN'S MATTERS - None 9. MEMBERS' MATTERS - None 10. STAFF MATTERS - None 11. Being no further business, Mayor Hill adjourned the Board of Adjustment meeting at 5:38 p.m. Approved at the Jim Hill, Mayor ATTEST: Sally A. Maio, MMC — City Clerk Board of Adjustment meeting. 2 Growth Management Department Variance Application - Staff Report 1. Project Name: Seacoast National Bank 2. Requested Action: Variance requested from Section 54- 2- 6.4(6)b4 to allow a bank with drive - through facility to be 44 feet from a residential district, whereas the code requires such use to be 100 feet from a residential district. 3. Project Location a. Address: 13070 U. S. 1 b. Legal: Lot 21, lying east of U.S. Highway No. 1 of Wauregan Subdivision. 4. Project Owner: Pelican Hotels, Inc. 2860 Marina Mile Blvd 4119 Fort Lauderdale, FL 33312 772 -581 -8900 5. Project Engineer: Joseph W. Schulke, P. E. Schulke, Bittle & Stoddard, LLC 1717 Indian River Blvd, Suite 201 Vero Beach, FL 32960 772- 770 -9622 6. Project Surveyor: William B. Zentz & Associates, Inc. 684 Old Dixie Highway Vero Beach, FL 32962 772 -567 -7552 7. Project Description: a. Narrative of proposed action: Seacoast National Bank proposes to construct a new bank with a drive - through facility on a vacant property across from the main entrance to the St. Sebastian Catholic Church. Business and Professional Offices with drive - through facilities is a conditional use in the CR zoning district which requires a 100 foot setback from a residential district (property to the east). The overall depth of the property prohibits this setback. The applicant has requested a variance from this code and is offering some mitigation for any possible impacts to the residential properties. b. Current Zoning: CR (Commercial Riverfront) C. Adjacent Properties: d. Site Characteristics (1) Total Acreage: 1.08 acres (2) Current Land Use(s): vacant (3) Water Service: public water (4) Sanitary Sewer Service: septic system 8. Staff Comments: The engineer for the project, Joe Schulke of Schulke, Bittle and Stoddard, has outlined in detail the unique circumstances regarding this property as noted in his application and supporting documents. Staff has analyzed the variance request based on the conditions of the site and the potential impact on the surrounding properties, which is summarized in the attached Board Criteria for Determining Variances. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: Staff recommends approval of the variance for Seacoast Bank at 13070 U.S. 1 to allow a bank with drive - through facility to be 44 feet from a residential zoning district, with the following conditions: a. Project development must provide a landscape buffer meeting both City of Sebastian Type A buffer standards, 2 Zoning Current Land Use Future Land Use North: CR office RMU East: ROSE -4 (Co.) residence M -1 South: CR office RMU West: PS' church INS d. Site Characteristics (1) Total Acreage: 1.08 acres (2) Current Land Use(s): vacant (3) Water Service: public water (4) Sanitary Sewer Service: septic system 8. Staff Comments: The engineer for the project, Joe Schulke of Schulke, Bittle and Stoddard, has outlined in detail the unique circumstances regarding this property as noted in his application and supporting documents. Staff has analyzed the variance request based on the conditions of the site and the potential impact on the surrounding properties, which is summarized in the attached Board Criteria for Determining Variances. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: Staff recommends approval of the variance for Seacoast Bank at 13070 U.S. 1 to allow a bank with drive - through facility to be 44 feet from a residential zoning district, with the following conditions: a. Project development must provide a landscape buffer meeting both City of Sebastian Type A buffer standards, 2 as well as Indian River County Type B buffer standards, along the entire eastern property line. b. Hours of operation for the manned drive - through facility shall be limited to weekdays 8:00 a.m. to 6:00 p.m. and Saturdays 8:00 a.m. to 4:00 p.m. No Sunday hours permitted. c. Variance granted shall only apply to a bank or financial institution. Board Action: Conduct quasi-judicial hearing to consider the requested variance. o, (Pr by J ? K' g, Senior Planner Community opment Department 9 2--& -13 Date BOARD CRITERIA FOR DETERMINING 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 use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes V No ❑ The subject site is an irregularly shaped parcel. With an average depth of +/- 150 feet, a 100 -foot setback is impossible. The natural topography of the subject parcel is significantly lower than that of the residential property to the east, creating a natural buffer. Also, the adjacent properties to the east which are zoned residential, are located in unincorporated Indian River County. IRC allows banks with drive - through facilities to be adjacent to residential uses if they provide a Type B buffer (6' high opaque landscape buffer, 25' minimum width). b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes E No ❑ There is a significant difference between the City code and the County code regarding drive - through facilities next to residential uses, as described above. C. Special priviletes not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes CY No ❑ The narrow depth of this property makes the 100' setback impossible. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. 4 Meets Standard Yes [;�" No ❑ Other drive - through facilities in the CR district are not restricted by neighboring residential zoning. Seacoast Bank has offered to provide an enhanced landscape buffer, restrict hours of operation for the manned drive - through facility and limit the use to banks and financial institutions. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes V No ❑ The variance requested is to reduce the 100' setback from the residential district to 44' as illustrated on Exhibit A provided by Mr. Schulke. L Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes V No ❑ In addition to the nature buffer provided by the elevation difference, the applicant proposes a 6' high opaque buffer, 25' minimum width meeting IRC standards and exceeding City standards. g. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes 19_ No ❑ Staff recommends approval of the variance for Seacoast Bank at 13070 U.S. 1 to allow a bank with drive - through facility to be 44 feet from a residential zoning district, with the following conditions: 5 1. Project development must provide a landscape buffer meeting both City of Sebastian Type A buffer standards, as well as Indian River County Type B buffer standards, along the entire eastern property line. 2. Hours of operation for the manned drive - through facility shall be limited to weekdays 8:00 a.m. to 6:00 p.m. and Saturdays 8:00 a.m. to 4:00 p.m. No Sunday hours permitted. 3. Variance granted shall only apply to a bank or financial institution. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and /or complete the subject actions and conditions approved by the board. Meets Standard None proposed. Yes C� No ❑ i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes No ❑ The request is not a use - related variance. 2 01.1. Permit Application No. SERAST City of Sebastian HZ SAE OF PELICAN 15,.:, Development Order Aaaflicatl ®n Applicant if not owner, written authorization (notarized) from owner is _required) Name: a coast National Bank, Attn: Mick Satur Address: P.O. Box 9021, Stuart, FL 34995 Phone Number: (772 ) 221 - 2724 FAX Number: 772 221 2855 E-Mail: peter .satur @seacoastnational.com Owner If different from applicant) Name: Pelican Hotels, Inc. Address: 2860 Marina Mile Blvd #119, Fort Lauderdale, FL 33312 Phone Number: FAX Number.- I F_ -Mail: Title o ermit or action requested: f Uriance - Conditional Use Criteria, 54-2-6.4(6)b.4. 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, I A. Project Name (if applicable): I Seacoast National Bank B. Site Information Address: 13070 US Highway 1 Lot: 21 Block: Unit: No. 1 Subdivision: Wauregan Indian River County Parcel #: 30382100001000000021 . I Zoning classification: CR Future Land Use: �Existin Use: , �1111 UUn eveloped ............... ... . Proposed Use: Hank with drive-thru .... . ........... . . C. Detailed description of proposed activity and purpose of the requested permit or action (at_tac_h_7 extra shoots if necessary): See attached Item C. DATE RECEIVED: 1Z./ /Y / 12- FEE PAID: 1-757.- 60 RECEIVED BY: ck-At Lf ILf I't C. Detailed description of proposed activity and purpose of the requested permit or action: The site lies in the CR (Commercial Riverfront) zoning district. The applicant desires to construct a new Bank with drive -thru on the site. In accordance with city code, an office use (bank) with Drive thru is not a permitted use within this district, but is allowed as a conditional use. One of the specific conditional use criteria indicates that the development of an office with drive thru is not permitted within 100 ft of a residential district. The subject site is adjacent to a residential district along its rear (east) property line, and therefore, a drive -thru use will not be permitted on this site. However, the applicant requests that the city consider the following: the adjacent residential district is in fact, outside of the city's jurisdiction, and is actually within the unincorporated Indian River County jurisdiction, AND the IRC land development code DOES permit banks with drive thru in their commercial districts (CN, CL and CG) to be adjacent to single family zoned districts IF a Type B buffer is provided (6' high opaque landscape buffer, 25' min width). The applicant, through the city staff, consulted with the city attorney, who opined that the city's regulation is still in effect, regardless of the IRC provisions. It was determined that a variance application should be submitted, requesting that the Drive -thru use is allowed on this site due to special circumstances unique to this site, and other mitigating circumstances, including: -The lot configuration — the lot is not deep, and the physical shape of the lot makes the 100 ft. conditional use criteria impossible to meet. -The topography — the natural grade of the property is significantly lower than the adjacent residential property; therefore, the expected impacts and potential nuisances caused by the drive thru use (noise and lighting, car headlights) will be naturally buffered and mitigated. -The adjacent residential property lies within Indian River County's jurisdiction. The drive thru use would be permitted on this site if it were in a comparable IRC designated commercial district, as long as an IRC specified Type B buffer were provided between the drive thru use and the adjacent residentially zoned property. Permit Application No. D. Project Personnel: Agent: Name:Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC Address 1717 Indian River Blvd., Suite 201, Vero Beach, FL 32960 Phone Number: ( 772 ) 770 - 9622 FAX Number: (772 770 9496 E-Mail: jschulke@sbsengineers.com Attorney: Name: N/A Address Phone Number: FAX Number: E-Mail: Engineer: Name: Same as agent Address Phone Number: FAX Number: E-Mail: Surveyor: Name: William B. Zentz & Associates, Inc. Address 684 Old Dixie Highway, Vero Beach, FL 32962 Phone Number: (7 7 2 ) 567 - 7552 FAX Number: (772 567 - 1751 E-Mail: billz-wbz@comcast.net 1,Joseph W. Schulke 'W ' BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X IL AM THE LEGAL REPRESENTATIVE .0 THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, A THKINFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE A ACCURATE Al� K I D�<16'- TO AO�T H, grE OF NOWLEDGE AND BELIEF. SIGNATU DATE SWORN TO AND B eRIBED BEFORE ME BY WHO IS PERSON &KNOWN TO - ME OR PR,�DDUCEID AS IDENTIFICATION, THIS DAY OF 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY . . .......... COMMISSION NO./EXPIRATION D fL SEAL: LAUREN F. HAMILTON My COMMISSION # EE 053495 EXPIRES: February 7, 2095 "�OFW� Bonded TIyu Budget Notary Services 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) / X 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 Variance Board and City Staff 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 CO NT EING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES M BY A VAPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATU DATE Sworn to and 4u cribed before me by who is person ly_ known to me or p,Rd,�uced as identification, this day of t: - �r a I r~ 20 C Notary's Signature Printed Name of Notary _ (C. <.L" V-0 -o— F lA Commission No. /Expiration 2 - -f � / / S, Seal LAUREN r. HAMILTON MY co : r p53486 I I' Notary &pim APPLICATION FEES ARE EST, ,BLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGtl} PER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE /'& A/_'Z_1� DATE Permit Application No. 0A It $E`er HCIME Of PELICAN IiEAD Supplemental Information Application to the Board of Adjustment X 1. This application is for a (check one): 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. (Attach extra sheets if necessary): See Item 2 attached. Section 54 -2 -6.4 "Specific Criteria for Approving a Conditional Use, " paragraph (6) "Business and Professional Office with Drive -thru Facilities," paragraph b.4. (See item 2 attached for justification statement). X 3. Legal description of the property involved: see Item 3 attached. X 4. Attach the following: X 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 right -of -ways. 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. See Note 2 above and referenced Exhibits. 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. See attached. Supplemental Information Application to the Board of Adjustment: Item 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing: A variance is requested to one of the specific conditions listed in the Conditional Use criteria for Business and Professional Offices with drive - through facilities, section 54 -2- 6.4(6) of the City land Development Code. The specific condition is 54- 2- 6.4(6)b.4., which reads: "In the CG and CR district, no business or professional office with drive -thru facility shall be located within 100 feet of a residential district ". The subject site is adjacent to a residential district along its rear (east) property line, and therefore, a strict interpretation of the code indicates that a drive -thru use will not be permitted on this site. However, the applicant is requesting that the city consider permitting the development of a bank facility with a drive thru substantially similar to the attached conceptual site plan (see Exhibit A), because of the following circumstances: A. Other commercial properties in or adjacent to the city, with similar circumstances, are permitted to construct a bank with drive -thru: - many other properties along US 1 which are similarly zoned CR, are adjacent to other commercial zoning, and are unrestricted and can develop banks with drivethrus; - many other properties along US 1 which are similarly zoned CR, are adjacent to other residential zoning, and have more typical deeper lots and can provide the 100 ft. setback, which permit the development of banks with drivethrus; - many other properties near the Sebastian City Limits along US 1, which are zoned commercial (IRC — CG or CL), and which are NOT in the city limits and are adjacent to residential zoned uses, and are mostly unrestricted (accept to provide a 6 ft. opaque buffer), and can develop banks with drive - thrus. B. The adjacent residential property lies within Indian River County's jurisdiction. The drive thru use would be permitted on this site if it were in a comparable IRC designated commercial district. The adjacent residential district is in fact, outside of the city's jurisdiction, and is actually within the unincorporated Indian River County jurisdiction, AND the IRC land development code DOES permit banks with drive thru in their commercial districts (CN, CL and CG) to be adjacent to single family zoned districts IF an IRC code specified Type B buffer is provided (6' high opaque landscape buffer, 25' min width). C. The lot has a unique configuration: - the lot is wide (270 ft. + -), but has an atypical short depth (150' + - avg.) The physical shape of the lot makes the 100 ft. conditional use criteria impractical to meet. As mitigation for any possible impacts to adjacent IRC residentially zoned property, the applicant proposes the following: 1. Natural topography - the natural grade of the development site is significantly lower than the adjacent IRC residentially zoned property (see Exhibit B — east property line grades and proposed buffer). The adjacent property lies on the top of the naturally occurring Sand Ridge, while the development site lies on the western down gradient slope. This situation presents a natural buffer feature - the residential property is situated above the bank site, and any potential impacts or potential nuisances caused by the drive thru use (noise and lighting, car headlights) will be naturally buffered and mitigated. 2. Provide a landscape buffer — the applicant is requesting that the variance board grant approval with a condition that the project development must include a substantial landscape buffer between the drive -thru use and the adjacent IRC residentially zoned property. See attached "East Property Line Grades and Proposed Buffer" (Exhibit B) and "Conceptual Site landscape Buffer Plan" (Exhibit C), which meets or exceeds both the IRC and city landscape buffer requirements: - IRC: Type B buffer -6' high opaque landscape buffer, 25' min width. (See Exhibit "D" — IRC Type B buffer standards). - City: Type A buffer — (54 -3- 14.16) — 6 ft opaque screen with large canopy trees utilized as an intermittent visual obstructions to a height of 20 ft (see Exhibit E — Applicable City Code Sections). 3. Limit hours of operation — the applicant is requesting that the variance board grant approval with a condition that the project development must limit the hours of operation of the drive -thru to the following business hours (8 am to 6 pm) on weekdays, and (8 am to 4 pm) on Saturdays, with no use permitted on Sundays (Exception: one lane for ATM use will be open 24 hours per day). This should alleviate concerns with possible headlight glare or excessive noise during evening and night time hours or Sundays. 4. Limit drive thru use to banks / financial institutions only - the applicant is requesting that the variance board grant approval with a condition that the project development's use of a drive -thru facility is specific for a bank or financial institution only. This should alleviate concerns of a potential future change of use on the site to one that has a more intense need for a drive -thru (i.e. pharmacy or fast food). Supplemental Information Application to the Board of Adiustment: Item 3. Legal description of the property involved: Lot 21, lying East of US Highway No. 1 of Wauregan Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 178, of the Public Records of St. Lucie County, Florida, said lands now lying in and being in Indian River County, Florida. 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O w w wC) 0 + U) I UO OOp p Q Qz I O d ❑ }ZLL .0 �• .6 Lu � I ° I W z Lu c� IW <�0�° � � a a NI a h �a Q In LU a I + I I� ti n- 0 N o oI I 0 w u o - — — — 3de� l�� — JJ wLL Za ° - -- - - -- — — — - -- w — - U d C o o z L�'G£L 3„LL 1'b oStiN m w p> W Wu X00 0>QU �' II w� ~O I am JJ ..c =QXZP pQ�< x M QZw n I OW W> >- .. I >Q ® .� / I �LLOQ w � C� r <azUO lt� E- Q�® U z° ,I 1 EXHIBIT D IRC TYPE B BUFFER STANDARDS Municode http: //I ibrary.municode.com/ print .aspx ?h= &cIientlD= 12232 &HTMR... (1) A perimeter buffer is a landscaped strip along parcel boundaries that serves as a buffer between incompatible uses and zoning districts, as an attractive boundary of the parcel or use, or as both a buffer and attractive boundary. Existing native vegetation and upland native plant communities as described in Chapter 929, Upland Habitat Protection, may be utilized to meet buffer requirements. (2) The width and degree of vegetation required depends on the nature of the adjoining thoroughfares and uses. Chapter 915, Planned Development, Chapter 911, Zoning, and Chapter 971, Specific Land Uses, of the County Land Development Code, set forth buffer type requirements for adjacent properties, based on land use and zoning districts. (3) Buffer types and opaque features. There are three (3) buffer types to be utilized in Indian River County. They are, in order of intensity, as follows: Type A buffer; Type B buffer; and Type C buffer. Buffers may require opaque features, including three -foot and six -foot opaque features, where specified in the land development regulations. (a) The following table summarizes the Type A buffer, Type B buffer, and Type C buffer requirements. The trees and shrubs shall be spread in a staggered, off -set pattern to establish a full and opaque buffer. Buffer type options are further defined in Chapter 901, Definitions, of the County Land Development Code. *Must be seventy -five (75) percent native plantings. For sites less than one hundred fifty (150) in depth, the required depth of a Type C buffer shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the road. For all sites, the required depth of a Type A or Type B buffer shall not be required to exceed twenty (20) percent of the depth of a site, measured of 2 12/6/2012 8:16 AM Required Per 100 Lineal Feet Canopy Trees Type Width Large Small (2" Understory Trees Shrubs in (4" in diameter at 0.5 diamete feet at above grade 8 0.5 feet 12 ft. above height) grade ]t 18 ft. height) Type A 50' 3 3 10 75 40' 4 12 70 Type B 30' 2 2 6 55 25' 2.5 2.5 8 55 ype C 20' 1 3 4 40 15 1 3.5 5 40 *Must be seventy -five (75) percent native plantings. For sites less than one hundred fifty (150) in depth, the required depth of a Type C buffer shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the road. For all sites, the required depth of a Type A or Type B buffer shall not be required to exceed twenty (20) percent of the depth of a site, measured of 2 12/6/2012 8:16 AM Municode http: / /library.municode .coin/print.aspx ?h= &clientlD= 12232 &HTMR... perpendicular to the road. Where buffer depth is reduced by this provision, the applicant shall obtain planning division staff approval of a modified planting plan that generally satisfies the planting density of the respective buffer type. (4) Opaque features. Three -foot and six -foot opaque features may be required within buffers, where specified in the land development regulations. (a) A required six -foot opaque feature shall consist of a solid native plant buffer, a masonry wall, an earthen berm, or a combination berm /vegetation (berm must comprise at least three (3) feet of required opaque feature; vegetation shall consist of shrubs planted in an off -set double row) unless the planning and zoning commission approves a substitute material (such as a completely opaque living landscape barrier) based upon the use and conditions of the project site and adjacent site. Landscaping is required along both sides of a wall unless otherwise approved by the planning and zoning commission. To minimize the impact upon existing tree roots in cases where a wall is to be located among existing trees, such wall shall should be a pre -cast concrete panel wall or other similar system that minimizes footer impacts to root systems. Wherever a wall is used as the opaque feature, required understory trees and shrubs shall be planted on the side of the wall facing a public street or adjacent property, whichever is applicable. (b) A required three -foot opaque feature may consist of a wall, berm, or a continuous screen of shrubs. Shrubs planted to form this opaque feature shall be arranged in an off -set double row. (c) Required three -foot and six -foot opaque features shall be measured from the finished floor elevation of the proposed structure(s). This requirement may be modified by the planning and zoning commission based upon grade differences and the relationship between the height and mass of the proposed building and its setback from the property line. The maximum required height of an opaque feature shall be eight (8) feet above the finished site grade where the feature is located. (d) In cases where an abutting use /district is separated from the project site by a thoroughfare plan road, the height of a six -foot opaque feature shall be reduced to three -feet, except in cases where the buffer is to be provided around the perimeter of a single - family or multi - family residential development as required by subsection 911.07(8) or 911.08(8). (Ord. No. 90 -16, § 1, 9- 11 -90; Ord. No. 97 -29, § 11, 12- 16 -97; Ord. No. 2007 -012, § 1, 3- 20 -07) ' of 2 12/6/2012 8:16 AM Municode http: % library. municode .com /print.aspx ?h= &cIientlD= 12232 &HTMR... Notes: Yards - Front Yards abutting S.R. 60 shall be seventy -five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. Maximum FAR (Floor Area Ratio): Retail trade 0.23 FAR • Office, business /personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale /distribution, utilities, heavy repair 0.50 FAR (8) Required buffer yards: PRO OCR MED CN CL CG CH Min. Lot 10,000 10,000 20,000 20,000 10,000 10,000 10,000 Size sq. ft. C - 3 ft. Opaque CN B - 6 ft. Opaque C - 6 ft. Opaque CL Min. Lot 100 100 100 100 100 100 100 Width ft. B - 6 ft. Opaque Min. Yards ft. Front 25 25 25 25 25 25 25 Rear 25 20 20 20 10 10 10 Side 20 20 20 20 10 10 10 Max. 35 40 40 40 40 40 40 Coverage % Min. Open 35 35 30 30 25 25 20 Space % Max. 35 35 35 35 35 35 35 Building Height ft. Residential RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 RM -8 District Regulations Hotel and - 1200 1200 1200 1200 motel minimum square feet of land area per unit Notes: Yards - Front Yards abutting S.R. 60 shall be seventy -five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. Maximum FAR (Floor Area Ratio): Retail trade 0.23 FAR • Office, business /personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale /distribution, utilities, heavy repair 0.50 FAR (8) Required buffer yards: 0 of 11 12/6/2012 8:20 AM Abutting Use /District District Single- Family Buffer Type Multi - Family Buffer Type PRO C - 6 ft. Opaque C - 3 ft. Opaque OCR C - 6 ft. Opaque C - 3 ft. Opaque ED C - 6 ft. Opaque C - 3 ft. Opaque CN B - 6 ft. Opaque C - 6 ft. Opaque CL B - 6 ft. Opaque C - 6 ft. Opaque CG B - 6 ft. Opaque C - 6 ft. Opaque CH B - 6 ft. Opaque B - 6 ft. Opaque 0 of 11 12/6/2012 8:20 AM Municode http://Iibrary.municode.com/print.aspx?h=&clientlD= I 2232&HTMR... Buffer yards are required along rear /side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards. When a loading dock is proposed to serve a use that normally requires frequent deliveries (e.g., grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, an eight -foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08. (9) Special district requirements. (a) PRO - Professional office district. Location and land use. a• The PRO district may be established in areas designated as L -1, L -2, M -1, M -2 or commercial on the future land use map. b• The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan. 2. District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty -five (25) acres. The PRO district may be reduced to two and one -half (2'/2) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria: a• The parcel(s) abuts a commercial node or corridor; and b• The parcel(s) is located within a substantially developed area; and C. The parcel(s) is located in an area dominated by nonresidential uses. 3 District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and /or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted lots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway. (b) CN- Neighborhood commercial district. Land use and location. The CN, neighborhood commercial, district has been established on various sites throughout the county that are designated AG -1, AG -2, AG -3, R, L -I, L -2, M -1 or M -2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded. 1 Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within the neighborhood commercial (CN) zoning district. (Ord. No. 90 -16, § 1, 9- 11 -90; Ord. No. 91 -7, §§ 6, 8, 2- 27 -91; Ord. No. 91 -48, §§ 20, 22, 23, 12 -4 -91; Ord. No. 92 -11, §§ 3, 14, 24, 4- 22 -92; Ord. No. 92 -39, § 8, 9- 29 -92; Ord. No. 93 -8 §§ 13, 18, 3- 18 -93; Ord. No. 93 -29, §§ 5D, 11 C, 9 -7 -93; Ord. No. 94 -1, § 2E, 1 -5 -94; Ord. No. 94 -25, §§ 1, 13, 8- 31 -94; Ord. No. 96 -24, § 6, 12- 17 -96; Ord. No. 97 -16, § 3(5), 5 -6 -97 Ord. No. 97 -21, § 4(A), 7- 15 -97; Ord. No. 97 -29, §§ 2(A), 6, 12, 12- 16 -97; Ord. No. 98 -9, § 9, 5- 19 -98; Ord. No. 99 -13, § 7A, 5 -5 -99; Ord. No. 2000 -039, § 1, 11- 21 -00; Ord. No. 2002 -016, § 1E, 4 -2 -02; Ord. No. 2002 -031, § 1E, 11- 12 -02; Ord. No. 2003 -004, § 1, 2 -4 -03; Ord. No. 2010 -017, § 1, 10 -5 -10; Ord. No. 2012 -016, §§ 4, 7E, 8, 9, 7- 10 -12) 1 of 11 12/6/2012 8:20 AM EXHIBIT E APPLICABLE CITY CODE SECTIONS ADMINISTRATION AND ENFORCEMENT § 54 -1 -2.5 statement in rebuttal to such presentations if the appellant so desires. The presiding officer may, at the commencement of the hearing, or at any time during such hearing, require that parties desiring to make a presentation identify themselves, and may specify the time to be allowed for each party to make such presentation. (6) Effect of appea and stay of proceedings. An appeal t/ecision e city council shall, upon filing, stay all proceed' s in furtherance of the order or appealed from, unless the city council finds at, by reason of facts presented by the planning and zoning commission or city st a stay would cause }Z mediate peril to life or property, in which case, proceedings hall not be stayed xcept by a restraining order granted by the city council for due cad e shown after nce to the party filing the appeal. Nothing in this section shall be dee ed to impr the authority of any court of competent jurisdiction to enjoin or stay a Lions of /the city council. (7) Decision and order by the city c u L. Action by the city council upon any matter subject to the provisions of this s tion shall be announced by the presiding officer immediately following the vote det ining such action and shall thereafter be embodied in a written order pr pared the city clerk and executed by the presiding officer and the city clerk. Sueywritten or ,r shall be incorporated into the minutes of the meeting at which such action occurred. \ (8) Finality of decision. Whe the city council ha\one ction respecting an appeal of a planning and zoning c vmmission action, no n for the same relief shall be accepted by the city fod consideration by the con for a period of two years from the date of such ac on, provided however, afear, an applicant may requ est that the city cou it waive the provision of this section for proper cause based on changed conditi s and/or the advent of new information which substantially impacts material issue . If a request for such waiver is submitted by the applicant, the city council shal determine if the changed conditions and/or the new information is sufficient t convene a new hearing on the applicant's appeal. If the city council determines that a hearing should be held on the applicant's appeal, the city manager shall direct the city clerk to provide due public notice of the scheduled public hearing in the same manner as required for the original appeal as described in section 54- 1 -2.8. (9) Judicial review of decisions. Any person or persons, jointly or severally, aggrieved by a decision of the city council respecting an appeal of a decision by the planning and zoning commission, may apply by writ of certiorari in the manner provided by law, to the Indian River County Circuit Court for judicial relief within 30 days after rendition of the written decision. Sec. 54- 1 -2.5. Board of adjustment, (a) Establishment. The city council shall act as the board of adjustment. (b) Authority, power and rules of procedure. (1) Authority. In no instance shall the board grant any use of land in any zoning district other than those uses allowed in such district as a permitted use or a conditional use. Supp. No. 2 LDC2:13 § 54 -1 -2.5 SEBASTIAN LAND DEVELOPMENT CODE (2) Duties and powers. The board of adjustment shall have the following powers: a. Hear and decide administrative appeals. Hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any land development code or regulation adopted pursuant to this act, unless otherwise provided herein. b. Hear and decide requests for variances. Hear and authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest pursuant to section 54- 1- 2.5(c)(2). C. Require attendance at hearings and administer oaths. The board of adjustment shall have the authority to compel the attendance of witnesses at hearings or meetings and to administer oaths. (3) Rules of procedure. The city council may establish and adopt rules of procedure by resolution for the board of adjustment. All records and official minutes of the board of adjustment shall be filed with the office of the city clerk. (c) Criteria for determinations by the board of adjustment. (1) Criteria for review of administrative orders. In review of administrative orders, the board of adjustment may, upon appeal and in conformity with provision of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official in the enforcement of any land development regulation or regulation adopted pursuant to this act, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. (2) Criteria for determining variances. In order to authorize any variance from the terms of this code, the board of adjustment must find the following: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. b. Conditions not created by applicant. That the special conditions and circum- stances do not result from the actions of the applicant. C. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Supp. No. 2 LDC2:14 ADMINISTRATION AND ENFORCEMENT § 54.1_2.5 e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance'will not be injurious to the area involved or otherwise detrimental to the public welfare. g. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall. be deemed a violation of the ordinance. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings; in other zoning districts shall be considered grounds for the authorization of a variance. (d) Procedures fur processing matters before the board. (1) Appeal proceedings. As provided in section 54- 1- 2.2(d), appeals to the board of adjustment concerning interpretation or administration of the land development code may be taken by any aggrieved person or by any person or officer of the city's governing body affected by any decision of the planning and growth management director or designated administrative personnel. Such appeals shall be taken within a reasonable time, not to exceed ten days after the rendering of the order, requirement, decisions, or determination appealed, by filing with the planning grid growth management director a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administrative officer from whom the appeal is taken shall, upon notification of the filing and prior to the hearing date, transmit to the board of adjustment all papers or materials constituting the record upon which the action appealed was taken. (2) Hearing of appeal, notice required. The board of adjustment shall establish a reasonable time for the hearing of appeal, give public notice thereof consistent with section 54- 1 -2.8, as well as notice to the parties in interest and decide the same within a reasonable time. At the hearing any party may appear in person or be represented by an agent or by an attorney at law authorized to practice in the state. Appellants may Supp. No. 2 LDC2:15 § 54 -1 -2.5 SEBASTIAN LAND DEVELOPMENT CODE (e) Review of board of adjustment decisions. Appeals of decisions by the board of adjustment shall be final unless otherwise stated herein. However, any affected party aggrieved by a decision of the board of adjustment may seek certiorari review before the circuit court of the decision on the record in the manner provided by law within 30 days of the decision of the board of adjustment. A petition for writ of certiorari shall, upon filing, stay all proceedings in Sapp. No. 2 LDC2:16 be required to assume such reasonable costs in connection with appeals as may be determined by the city council through resolution in setting of fees to be charged for appeals. (3) Procedures for processing variances. A variance from the terms of these regulations shall not be granted by the board of adjustment unless and until: a. A written application specifying the grounds for the variance is submitted. See section 54- 1- 2.5(d)(1), Administrative appeal. b. Notice of public hearing shall be given as identified in section 54 -1 -2.8 herein. C. The public hearing shall be held, with the aggrieved parties appearing in person or represented by an attorney at law authorized. to practice in the state. d. The board of adjustment shall determine that the application is complete and that granting the variance meets the criteria for granting variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. (4) Stay of proceedings. An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the planning and growth management director and on due cause shown. (5) Expiration of variance determinations. Variances shall become void if not exercised within six months of the date granted, unless specifically determined otherwise in writing by the board of adjustment. (6) Extension of variance determinations. Before this six months period has expired, the applicant may make a request to the board of adjustment by letter for an additional six months' extension. Any further extensions of time shall require a new application to be processed as a new case. (7) Recommendation filed. On all proceedings held before the board of adjustment, the planning and growth management director shall review the application and file a recommendation on each item. Such recommendations shall be received, heard and filed prior to final action on any item before the board, and shall be part of the record of the application. (In reference to administrative appeals, a summary explanation shall be filed in place of a recommendation). (e) Review of board of adjustment decisions. Appeals of decisions by the board of adjustment shall be final unless otherwise stated herein. However, any affected party aggrieved by a decision of the board of adjustment may seek certiorari review before the circuit court of the decision on the record in the manner provided by law within 30 days of the decision of the board of adjustment. A petition for writ of certiorari shall, upon filing, stay all proceedings in Sapp. No. 2 LDC2:16 ADMINISTRATION AND ENFORCEMENT § 54 -1 -2.6 furtherance of the order or decision appealed from, unless the city council finds that a stay would cause immediate peril to life or property. Nothing in this section shall be deemed to impair the authority of any court of competent jurisdiction to enjoin or stay actions of the city council. (Ord. No. 0- 02 -04, § 1, 2 -13 -2002) See. 54.1 -2.6. City council's role. (a) Legislative intent. The legislative intent of the land development code is to provide the city council of the City of Sebastian regulatory powers necessary to implement the compre- hensive plan consistent with enabling legislation of chapter 163, F.S. (b) Powers and duties of the city council. (1) Enact or amend land telopm ent code. The city council sh f adopt a land develop- ment code consistent, h section 163.3202, F.S. Followin rereipt of a written report from the city planning id zoning commission, the city council may amend or supplement the regulations nd districts fixed by the adopted city land development code. The city council shall Id a public hearing on such matters, as required by Florida Statutes, if any chang is to be consered, and shall act on the proposed change after such hearing. In cas where t�`e recommendation of the city planning and zoning commission is adverse th /proposed change such change shall not become effective except by an affirmativ ote of a majority of four members of the city council, after due process. (2) Establish fees and appropriate fIXds. Tlie cit" �council may, by resolution, establish fees, charges, and expenses imposed by the adop ed land development code. (3) Consider and act on development issues as required—Tbe city council shall consider and act on development a34 growth .management issues ursuant to this code, chapter 163, F S., and other ap icable laws and regulations. (4) Enforce land devel anent code. The city council shall enforce' the land development code, including c p6ying out appropriate legislative actions. (5) Appoint and confirm members of requisite boards and commissions. The city council shall appoint and confirm members of the planning and zoning commission, the board of adjustment, and any other board, commission or committee as may be deemed necessary by the city council or applicable laws. (6) Take other actions necessary to implement the land development code. The city council may take such other action not delegated to the planning and zoning commission, board of adjustment, code enforcement board, or other entities as the city council may deem desirable and necessary to implement the provisions of the comprehensive plan and the land development code. 8upp. No. 2 LDC2:17 Municode http: / /Iibrary.mun icode.com; print.aspx ?h= &cIientlD= 10310 &HTMR... Sec. 54- 2 -6.4. - Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (1) Administrative services, public or private not - for - profit: a. Applicable zoning districts. Public or private not - for - profit administrative services shall be permitted as a conditional use within the following zoning district: PS. b. Conditional use criteria. Public and private not - for - profit administrative services will be allowed provided the following conditions are met: 1. No building shall be located closer than 100 feet to any lot line which abuts a residential district. 2. No off - street parking or loading space shall be located closer than 15 feet to any property line abutting a residential district. 3. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with the standards established in section 54 -3 -10.2 of this chapter. (2) Adult entertainment establishments: a. Applicable zoning districts. Adult entertainment establishments shall be permitted as a conditional use within the following zoning districts: IN. b. Conditional use criteria: No site shall be located closer than 1,000 feet to any residential district, church or other place of worship, public or private school, or park. 2. No site shall be located closer than 1,000 feet to any other adult entertainment establishment. 3. No site shall be located closer than 200 feet to any bar or lounge. 4. Outside advertising shall be limited to one identification sign, not to exceed 20 square feet. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from a pedestrian sidewalk or walkway or from other areas public or semi - public; and such displays shall be considered signs. 5. Buildings shall not be painted in garish colors or such other fashion as will effectuate the same purpose as a sign(s). All windows, doors and other apertures shall be blacked or otherwise obstructed so as to prevent viewing of the interior of the establishment from without. 6. The use shall comply with all applicable state and local codes and ordinances. Necessary measures shall be taken to ensure that the operation of the facility will not disturb adjacent property owners and the facility shall comply with the standards for nuisance abatement regarding noise as defined in section 54- 3- 17.4(e)of the land development code. (3) Airport conditional uses: a. Applicable zoning districts. All uses identified in section 54 -2 -5.7 as a conditional use in the Airport Industrial District shall be permitted as a conditional use in the following zoning districts: Al. I of 18 12/6/2012 8:25 AM Municode http: / /Iibrai-y.municode.com/ print. aspx ?h= &clientlD= 10310 &HTMR... b. Conditional use criteria. All uses identified in section 54 -2 -5.7 as a conditional use in the Airport Industrial District will be allowed provided the following conditions are met: 1 The conditional use criteria for airport industrial uses shall be reserved for determination at time of site plan review and planning and zoning commission hearing. (4) Bars and lounges: a. Applicable zoning districts: Bars and lounges shall be permitted as a conditional use within the following zoning districts: CG and CR. b. Conditional use criteria: 1 No site shall be located closer than 100 feet to any residential district, and 450 feet to any church or school. 2. The use shall comply with all applicable state and local codes and ordinances. 3. Necessary measures shall be taken to ensure that the operation of the facility will not disturb adjacent property owners and the facility shall comply with the standards for nuisance abatement regarding noise as defined in section 54- 3- 17.4(e) of the land development code. (5) Bed and breakfast facilities: a. Applicable zoning districts: Bed and breakfast facilities shall be permitted as a conditional use within the following zoning districts: RM -8 and CWR. b. Conditional use criteria: 1 Bed and breakfast facilities shall only be located on property lying on or east of U.S. 1. 2. No required parking facilities shall be located east of Indian River Drive. 3. All side and rear yards abutting or adjacent to residential districts or uses shall be screened in accordance with the standards established in section 54 -3 -14.16 (6) Business and Professional Offices with drive - through facilities: a. Applicable zoning districts. Business and professional offices with drive - through facilities shall be permitted as a conditional use within the following zoning districts: CL, CG, and CR b. Conditional use criteria. Drive - through facilities will be allowed provided the following criteria are met: 1 Separate entrances and exits shall be provided and clearly identified and in conformance with the sign regulations of article XVI of this code. Joint entrance /exit curb cuts may be allowed for the ingress and egress and for traffic not utilizing the drive - through facilities. 2. No more than two curb cuts shall be permitted on any single street frontage. Curb cuts shall be limited to a maximum width of 25 feet, shall be located no closer than 35 feet to any intersection, and shall be at least ten feet removed from property lines. 3. The site plan shall provide for efficient circulation of vehicles on -site and maintain an adequate separation of drive- through and non - drive - through traffic. 4• In the CG and CR district, no business or professional office with drive - through facility shall be located within 100 feet of a residential district. In '. of 18 12/6/2012 8:25 AM Municode littp: / /Iibrai-N /.municode.com/ print .aspx ?h= &ciientlD= 10310 &HTMR... the CL district, no business or professional office with drive - through facility may abut a residential zoning district. 5. All side and rear yards abutting or adjacent to residential districts or uses shall be screened in accordance with the standards established in section 54- 3- 14.16 of this chapter. In addition, walls or fences may be required by the planning and zoning commission for the sole purpose of screening light beams from motor vehicles utilizing drive - through facilities if such light beams will cause undue glare to surrounding properties, taking into account the use of the surrounding properties, the distance therefrom, and the existence of other obstructions to such light beams. Any such requirements imposed by the planning and zoning commission as to walls and fences shall be supported by stating the basis for such requirements. This requirement may be required by the planning and zoning commission after original site plan approval if the use of the adjacent land(s) on the side or rear of the property changes and becomes sensitive to glare. (7) Child care services: Applicable zoning districts: Child care services shall be permitted as a conditional use within the following zoning districts: RE -40, RS -20, RS -10, RIVI -8, C -512, CL, CG, CR, CWR, and PS. b. Conditional use criteria. Child care services will be allowed provided the following conditions are met: 1 The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. A facility located within the RS -10 district shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. A facility located in any other zoning district shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. 2 One accessory off - street parking space shall be provided for each five children accommodated in the child care facility. 3. No such facility shall be permitted on a lot unless it contains a minimum of 10,000 square feet. 4. Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. 5. All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. 6. A fenced area of usable outdoor recreation area of not less than 45 square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is filed. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off - street parking spaces, which is fenced and screened from adjacent property boundaries. (b) No portion of the front yard. (c) Only that area which can be developed for active outdoor 3 of IS 12/6/2012 8:25 AM Municode http: // library. municode.comiprint.aspx?li= &clientID- 10310 &HTMR... ilillii�iiiiiiiiiiii:::IiiiiiiiiiiiiiiiiI 111111 111111 Jig", ''I (a) Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple - family development abutting single - family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each 25 lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail. Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the planning and zoning commission to the requirements of this paragraph based on demonstrated need by the applicant. The site plan applicant and successors in ownership shall maintain the continuous screen in perpetuity. (b) Applicability of screenings. Any one of the following types of screening may be required by the planning and zoning commission or city council during the site plan review process, for the purpose of minimizing the impact of potentially objectionable areas such as parking lots, major thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal facilities, loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other. (c) Description of screening types. Three (3) basic types of screening are hereby established: Type "A ", Opaque Screen; Type "B ", Semi - Opaque Screen; and Type "C ", Intermittent Screen. (1) 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 feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 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 geet 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 existing vegetation. The six -foot opaque portion of the screen must be opaque in all seasons of the year. (2) Type "B" semi - opaque screen. The semi - opaque screen is intended to partially block visual contact between uses. The type "B" screen shall be completely opaque from the ground to a height of at least three feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The semi - opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or any combination thereof which maintains a completely opaque screen of at least three feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of average mature height and density of foliage of the subject species, or field observation of existing vegetation. (3) Type "C" intermittent screen. The intermittent screen is intended to create the I of 3 12/6/2012 8:30 AM