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HomeMy WebLinkAbout02062014PZ AgendaOw C-+ SE IAN HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ® FAX (772) 388 -8248 AGENDA PLAINNING AND ZONING COMMISSION THURSDAY, FEBRUARY 6, 2014 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 November 21, 2013 A. Quasi - Judicial Public Hearing - Site Plan Modification - Sebastian Christian Church - 8154 SF Addition to Fellowship Hall, 1216 SF New Storage Building, and Columbarium - 190 Day Drive - PS (Public Service) Zoning District B. Public Hearing - Recommendation to City Council - Special Use Permit for a 910 SF Columbarium Sebastian Christian Church - 190 Day Drive - PS (Public Service) Zoning District S. 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. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION 06 MINUTES OF REGULAR MEETING NOVEMBER C 21, 2013 C.0 *� .37 Chairman Dodd called the meeting to order at 7.00 P.M. The pledge of allegiance was said by all. �.., ROLL CALL: PRESENT: Mr, Roth Mr. [odd a" E Ms. Kautenburg (a) Mr, Carter Mr. McManus C: ca —� (a) EXCUSED: Mr. Reyes Mr. Paul Y m Mr. Durr Mr. Qiziibash •-- (? 0 M o. C ALSO PRESENT: Jan King, Senior Planner �- CL .0) N <65 Robert Ginsburg, City Attorney Dorn Bosworth, Planner /Secretary ANNOUNCEMENTS: Chmn. Dodd announced that Mr. Reyes, Mr. Paul, Mr. Durr, and Mr. Qizilbash were excused from the meeting. Ms. Kautenburg and Mr, McManus would be voting in their place. Chmn. Dodd also stated there would be a change in the agenda order. Item No. 7 (New Business) would be conducted before No. 6 (Old Business). APPROVAL OF MINUTES. MOTION by Roth /Carter to accept the minutes of the October 17, 2013 meeting as written, Motion was approved unanimously by voice vote. NEW BUSINESS: B. ACCESSORY STRUCTURE REVIEW — LDC SECTION 54 -2 -7.5 1517 EMERSON LANE — 24'X 30'(720 SF) DETACHED GARAGE JOHN & NANCY ALLEN Ms. Bosworth stated the homeowners wanted to place a prefab detached garage on their adjacent vacant lot, and she then proceeded to review items within the staff report, i.e. setbacks, existing sheds, etc,, indicating compliance with the LOC. She noted there was an existing 264 SF shed on the property behind the house and, with the proposed detached garage the homeowners would still have less than the 1000 SF maximum. The applicants had told her the structure would be painted to match the house and trim. Ms. Bosworth also explained that although the new garage would be structurally higher than the house, visually it would appear even based on the elevation difference of the vacant lot and finished grade of the house, meeting the intention of the code. An auxiliary driveway onto to the vacant lot was existing. She stated staff recommended approval. Mr. Roth verified that there was not a code issued with the structure being metal. Ms. Bosworth stated that if the garage was over 750 SF, the finish material would then need to match the house exactly, i.e. stucco or hardiplank. The proposed roof would be different from the house, metal vs. asphalt shingles, but the color would be the same She answered Mr. Roth's questions that the roof would have an overhang and was not rounded, and that the auxiliary driveway was piped and grassed. Q V 00 ns co fl PLANNING AND ,ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 21, 2013 Ms. Kautenburg asked for clarification regarding the existing garage attached to the house. Ms. Bosworth stated that the code included an exemption for the garage built with the house to not be included in the maximum 5% total accessory structure square- footage allowed. She relayed to the Commission that the applicants were using the detached garage for storage of antique cars and it would not be used for living space. Mr. Carter asked if foundation plantings were required. Ms. Bosworth stated based on the size of the garage, no. Mr. Allen spoke and stated that there was a row of plants behind the garage near the property line so that the rear neighbors were buffered, and he was planning on installing a privacy fence in the front. MOTION by Roth /Carter to approve the accessory structure for 1517 Emerson Lane as presented [along] with staffs comments. ROLL CALL: Mr. McManus yes Ms. Kautenburg yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 5 -0. Motion passed. OLD BUSINESS: A. QUASI - JUDICIAL PUBLIC HEARING — RIVERFRONT OVERLAY DISTRICT WAIVER --- BURIED TREASURES ANTIQUES & COLLECTIBLES — 1554 US HIGHWAY #1 WAIVER REQUEST FROM OVERLAY LANDSCAPING REQUIREMENTS — LDC SECTION 54- 4- 21.A.7 Chairman Dodd reviewed that the site plan for the project had been approved [on September 5 'h, 2013] conditional on approval of the landscape plan, which was being reviewed tonight with the request for some waivers of the overlay district landscaping requirements. Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose. Mr. Ginsburg reminded the Commissioners that shortly after the public hearing for the site plan they had all received a one -page email expressing one of the Commissioner's view of applications like [Buried Treasures], both presently and historically. He then asked each of the Commissioners, except Mr. McManus who, was appointed after the email was sent, if they would "be able to hear and judge this application fairly, neutrally, and partially, and rase your decision on the testimony and evidence that you hear tonight, and on no other outside factor." Mr. Dodd, Mr, Roth, Mr. Carter, and Ms. Kautenburg each individually, via roll call, stated they could. Staff presented first, and Ms. King explained that a waiver is some "relief' that the Commissioners can grant to the special conditions established by the Overlay District regulations. At this point, Chmn. Dodd had those who were going to speak sworn in by the city attorney. Jan continued, and summed up the request from the applicant which was for a reduction in the number of canopy trees (10), a reduction in the number of understory trees (8), and the number of the foundation shrubs (116 ), and a reduction in the perimeter landscape strip from 10 feet to 5. She discussed what would have been required with the basic landscape code and what the overlay district amounts were. She noted that the submitted plan was short 22 shrugs required by the basic code, and if the shrubs were not added to the plan, a variance would be needed. Mr. Dodd verified that the variance would not be affected if the waivers were granted. Mr. Ginsburg stated it would not because variance requests were heard by the Board of Adjustment. Mr. Dodd stated his main concern was for the back of the property {east side), which abuts the Pa PLANNING AND ZONING COMMISSION MINUTES OF REGULAR. MEETING OF NOVEMBER 21, 2013 parking area for Fisherman's Landing, to have a good buffer since the rear of the structure was plain, unless it was not a concern of the city. Ms. King verified that she had worked with the landscaper to add more than what was originally proposed. Mr. Scott Becker, project landscaper, addressed Mr. Dodd's concerns that the proposed plant material (red maples, live oak, wax myrtles, etc.) would buffer the building with projected future growth. Mr. Roth asked how high the trees would be at planting. Mr. Becker stated 12 feet high. Mr. Carter asked if the waiver was being_ requested because of the small size of the property and size of the building. Ms. King stated the building, parking, and stormwater took up a large portion of the lot, all within code_ Mr. McManus asked for a definition of an understory tree, and if irrigation would be installed. Ms. King read the understory tree information, stated the requirement of understory trees was unique to the overlay districts, and verified there would be an irrigation system. Mr. Roth felt the Commission shouldn't encumber a business with undue hardship with a lot of extra plantings, and was overall OK with the numbers [of plantings] proposed. Ms. Kautenburg stated, once planted, she didn't think anyone would miss the trees not planted. Chmn. Dodd opened Public Input. No one spoke in favor, or in opposition, of the application. MOTION by KautenburglRoth to grant the waiver as requested ROLL CALL: Mr. Dodd yes Mr. Roth yes Mr_ Carter yes Mr. McManus yes Mrs. Kautenburg yes The vote was 5 -€3. Motion passed. Mr. Dodd noted that a lot of the remaining developable properties in the riverfront were smaller and/or unique, and maybe the Commission should consider revising the code to save businesses the expense and time processing waivers. Ms. King stated that the Chamber of Commerce was working on a list of possible code changes, including landscaping, that would make things more "business friendly ", and would be presented to City Council for feedback. Mr. Dodd stated it was difficult for the Commission to consider something that was already quasi - approved by the City Council. CHAIRMAN MATTERS: Mr, Dodd continued his thoughts about changing the code to be more pro- business, especially landscaping and defining the Fishing Village theme, and hoped any suggestions would be brought before the Commission first. MEMBERS MATTERS: Mr. McManus spoke on his experience with commercial development and how important the economic feasibility was in making a project work, and small lots were difficult with too many code restrictions on them. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR. MEETING OF NOVEMBER 21, 2013 Mr. Rath stated he was very happy with the addition of the rope and posts to the Ay Jalisco site, and thought they looked fantastic. He hoped to continue with the trend. Mr. Dodd noted that the Sebastian Charter Jr. High School project looked great, too, better than the proposed pictures. Mr. Carter asked about the status of lighting the front City Hall sign. Ms. King said she did not know and would check with Mr. Griffin. Ms. King updated the Commission that the special exception for Avery Way Apartments, qualified affordable senior housing, was approved by City Council. Also, the preliminary ;plat for Rohm Commercial Subdivision, along with the final plat was approved, and final plats for two additional phases of Cross Creek Lake Estates were approved by City Council. Mr. Roth asked about the lack of sidewalk shown on the conceptual plan for Avery 'Way. Ms. King stated that can be addressed when they submit the site plan for Commission's review. ATTORNEY MATTERS: None Chairman Dodd adjourned the meeting at 7:48 p.m. (db) 4 c CIF SEBAST�LAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT Site Plan Review Staff Report 1. Project Name: Sebastian Christian Church Major Modification 2. Requested Action: Approval of a phased site plan modification consisting of a 1,216 SF storage building, a 910 SF columbarium, and an 8,154 SF addition to the fellowship hall, along with required parking, stormwater, and landscaping. 3. Project Location a. Address: 190 Day Drive b. Legal: Tract E, Sebastian Highlands Unit 17, together with Lot 4, God's Little Acre C. Indian River County Parcel Number: 31- 39- 19- 00003 -0000- 40004.0 4. Project Owner: Sebastian Christian Church Inc. 190 Day Drive Sebastian, FL 32958 (772) 388 -0140 5. Project. Agents: Todd Howder, MBV Engineering Amy Banov. Banov Architects 6. Project Engineer: Aaron Bowles, P.E, MBV Engineering, Inc. 1835 20' Street Vero Beach, FL 32960 (772) 569 -0035 7. Project Architect: Robert Banov Banov Architects, P.A. 2975 Twentieth Street Vero Beach, F3 32964 1 8. 9. Project Surveyor: Project Description David M. Jones 2266 Cortex Avenue Vero Beach, FL 32969 (772) 567 -9875 a. Narrative of proposed action: The Sebastian Christian Church has made application for site plan approval for major modifications to their property located at 199 Day Drive. Phase 1 of the project consists a 1,216 SF storage building, a driveway connection to Pelican Island Place and some drainage improvements. Phase 2 will include a 910 SF columbarium and small sidewalk area Phase 3 includes an 8,154 SF building addition to the fellowship hall, a concrete patio area, and an additional parking area, drive aisle and driveway connection to Day Drive. The existing site is connected to the public water system but still utilizes an on -site septic system. However, hook -up to the Indian River County sewer system will be mandatory during Phase 3 of the project. b. Current Zoning and Land Use: Land Use: INS (Institutional) Zoning: PS (Public Service) c. Adjacent Properties d. Site Characteristics (1) Project Area: (2) Current Land Use(s) (3) Soil: (4) Vegetation: VA 5.13 acres church myakka fine sand palms, oaks, maples, pines, shrubs and grass. Zoning Current Land Use Future Land Use North RS -10 residential LDR East RS-10 residential LDR South PS Pelican Island Elementary INS West RS-10 residential LDR d. Site Characteristics (1) Project Area: (2) Current Land Use(s) (3) Soil: (4) Vegetation: VA 5.13 acres church myakka fine sand palms, oaks, maples, pines, shrubs and grass. 10. EiIA (5) Flood Hazard: (6) 'Water Service: (7) Sanitary Sewer Service: Zane X and AE (22') Indian River County Utilities On -site septic system [Phase 3 requires mandatory hook- up to IRC sewer system.] (8) Parks: Filbert St - .2 miles (9) Police: Sebastian — 3.7 miles (10) Fire: Barber St. — 1.6 miles Comprehensive Plan Consistency a. Future Land Ilse: consistent b. Traffic Circulation: consistent C, Housing: nla d. Public Facilities: consistent e. Coastal Management: nla f. Conservation: consistent g. Recreation and Open Space: consistent Contents of Site Plan: a. lot configuration: Provided. b. finished ground floor elevation: 24.81' C. contours and designated number of dwelling units: 0 d. square footage of project area: 223,575 SF e. building coverage: 23,241 SF = 10.4% (40% maximum) f. square footage of impervious areas and open area: impervious (& semi - impervious) 72,806 SF = 32.5% (60% maximum) open space 133,147 SF = 59.6% (45% minimum) 3 g. setbacks: h. scaled drawings of the sides, front and rear of the building or structure: Provided. L 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: 29' (maximum 35') I. location and character of all outside facilities for waste disposal, storage areas, or display: Provided. M. location and dimensions of all curb cuts and driveways: Provided. n. number of spaces with their location and dimensions: Provided. Parking Required: One space for each 4 seats, based on maximum seating capacity. 240 seats allowed _ 4 = 60 spaces Parking Required: 60 spaces Parking Provided: 106 spaces [3 standard, 5 handicap, 98 grass] o. details of off- street parking and loading areas (including requirements of Article XV): Provided. P. all off- street vehicular surfaces available for maneuvering: Provided q. surface materials: Provided. r. number of employees: NIA S. type of vehicles owned by the establishment: 0 t. If there is a combined off- street parking facility, required agreements: NIA M Required Proposed Front 30' 30' Side 10' 30' Rear 25' 30' h. scaled drawings of the sides, front and rear of the building or structure: Provided. L 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: 29' (maximum 35') I. location and character of all outside facilities for waste disposal, storage areas, or display: Provided. M. location and dimensions of all curb cuts and driveways: Provided. n. number of spaces with their location and dimensions: Provided. Parking Required: One space for each 4 seats, based on maximum seating capacity. 240 seats allowed _ 4 = 60 spaces Parking Required: 60 spaces Parking Provided: 106 spaces [3 standard, 5 handicap, 98 grass] o. details of off- street parking and loading areas (including requirements of Article XV): Provided. P. all off- street vehicular surfaces available for maneuvering: Provided q. surface materials: Provided. r. number of employees: NIA S. type of vehicles owned by the establishment: 0 t. If there is a combined off- street parking facility, required agreements: NIA M U. Location of all pedestrian walks, malls, yards and open spaces: Provided. V. location, size, character, and height or orientation of all signs: The existing church sign is located in the road right -of -way, and must be moved onto the church property. 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. aa. location of existing easements and right -of -way: Provided_ bb. Land survey with complete legal description prepared and certified by a registered surveyor: Provided. CC. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: Provided. 12. Site location and character of use: Provided. 13. 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 14. 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. 15. Traffic impacts: A traffic impact statement has been provided. No additional traffic impact analysis is required. 16. Open space and landscape (including the requirements of Article XIV): a. Name, address and phone number of the owner and designer: Provided. b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: Provided. c. Property lines, easements, and right -of -way with internal and property line dimensions: Provided. d. Location of existing or proposed utility service: Provided. e. Location and size of any existing or proposed structures: Provided. f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: Provided. g. Location and size of any existing or proposed vehicular use area: Provided. h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: Provided- i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: All landscaping will be irrigated by an automatic irrigation system, as stated on the landscape plan. �. 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. lei o. Location, dimensions and area of landscaping for freestanding signs: Provided. p. Shaw all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: Provided. q. Additional landscape considerations: Per Section 54- 4- 18.4(f)(3) of the Land Development Code, the Planning and Zoning Commission shall give conceptual approval of the landscape plan and the Planning and Growth Management Director shall give final approval of the plan. 17. Required screening of abutting residential and nonresidential uses: Provided. 18. Flood prone land and wetland preservation: Provided 19. Surface water management: Provided. 20. Available potable water: Indian River County Utilities 21: Wastewater service: Existing on -site septic system. Mandatory hook -up to Indian River County Utility sewer system during Phase 3. 22: Sail erosion, sedimentation control and estuary protection: Provided. 23. Additional considerations: Phase 2 involves the construction of a columbarium. This use is not identified in any zoning district in the Sebastian Land Development Code. Therefore, the columbarium will require a special use permit. Procedurally, the Planning and Zoning Commission will hold a public hearing regarding the special use permit and make a recommendation to City Council. A second public hearing will be held by Council to approve or deny the special use permit. In addition, the following agencies /staff have reviewed the site plan. Unless otherwise noted. all comments have been addressed. Indian River County Utilities Department Environmental Health Indian River County Fire Department St. Johns River Water Management District Indian River County Traffic Engineering Sebastian Police Department Sebastian Building Director Sebastian Public Works Frank Watanabe, Sebastian Consulting Engineer 7 24. Staff Conclusion: The proposed site plan is consistent with the Comprehensive Flan and the Land Development Code. 25. Recommendation: Hold public hearing regarding the proposed site plan. Staff recommends approval of the Sebastian Christian Church major modification, Phases 1, 2 and 3, with the following conditions: 1 _ Existing chinch sign must be relocated onto church property. 2. Drainage comments by Frank Watanabe of heel- Schaffer (engineer reviewing the project for the City) dated January 29, 2014, shall be addressed by the applicant to the satisfaction of the City. I A special use permit for the columbarium must be approved by City Council prior to the construction of Phase 2. 4. The site must hook up to the Indian River County Utility sewer system during Phase 3. C\ P EP RED By. E' r ,- ;L DATE DL NEEL- SCHAFFER : Salu[ ions you tan build upan January 29, 2014 Ms. Jan King City of Sebastian 1225 Main Street Sebastian, FL, 32958 REFERENCE: Sebastian Christian Church — Major Modification - 3rd Review Dear Jan, enginaers planners surveloars environmental scientists landscape architects Neel-Schaffer, Inc.. (NSI) has reviewed the Major Modification Plan for the above referenced project dated January 28, 2014. All previous comments have been addressed from the review dated January 20, 2413 except for the one drainage concern. In the response back from MBV, it is stated, "the 24" RCP under Day Drive allows for 9.10 efs. The project discharge rates for the mean, 10 year and 25 year storm events are 0.34 efs, 5.39 cfs, and 5.33 cfs, respectively." The drainage concern is the following: The pipe in question for drainage calculation is under Pelican Island Place and not under Day Drive. Please provide drainage calculates to show that the existing 24" pipe will handle the existing roadway runoff from Schumann Drive and Pelican Island Drive and the additional outflow from the Christian Church pond. In addition, please provide drainage calculation for the existing pipe under Schumann Dr to handle this additional outflow runoff. If you have questions or comments, please do not hesitate to contact me at 772 - 770 -4707. Sincerely, Frank Watanabe, P.E. Senior Project Manager 2925 201 Street, Suite B . Vera Beach, FL 32960 s 772.770 -4707 fax: 772 -770 -44640 L"fTiOP HOME OF PEUCAN lStAND City of Sebastian Development Order Application Permit Application No, Applicant tif not Owner, written authorization notarizes from owner Its re uired Narne: Sebastian Christian Church Address: 150 Day Drive; Sebastian, FL 32958 Phone dumber: � 772) 388 - 0140 FAX Number: E -Mail Owner if different from applicant) Name: Same as applicant Address: PFDne Number: FAX Number: E -Mail permit or action requested: Site Plan �- �► a t t, � t�'1 a ric � i � � � "a ►�, PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMT OR ACTION THAT YOU ARF REQUESTING. COPIES OF ALL MAPS. SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -112" BY 11° COPIES OF ANY ATTACHMENTS SHALL HE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMiETAL INFORMATION FORM. A. Project Name (if applicable): Sebastian Christian Church C. Detailed description of proposed aotivity acid purpose of the requested permit or actiiOn jattach extra sheets If necessary): Construction of a new fellowship hall expansion & recreation /classroar with required infrastructure improvements, including parking, stvrmwater, landscaping, and utilities. DATE RECEIVED: ?1 Z&f 13 FEE PAID. $ 1500 ?A ►D C-4- -9- (04EZ RECEIVED BY �w Permit App icat on No. D. Project Personnel: Agent: N/A Name: Address Phone Number. ( } - FAX Nurnber; E -Mail: --Attorney:.. N/A Name: Address Phone Number; ( ) - FAX dumber: { E- Mein: Engineer,- Mr. Aaron Bowles, P. E. Name. MBV Engineering, Inc. i Address 1835 20th Street; Vera Beach, FL 32960 Phone Number; ( 772) 569 - 0035 FAX Number: ( 772) 778 - 3617 E -Mail: aaronb @mbveng . corn Surveyor: Mr. David Janes, PSM Name: David M. Jones, PSM Address 3899 39th Square; Vera Beach, FL 32960 Phone Number: ( 7 7 n ) 567-9875 FAX Number, ( 772) 567 . 9172 E -Mail: davidmjonespsm@msn.com 1, Fred Hess , BEING FIRST DULY SWORN, DEPOSE AND SAY r.-IAT; X I AM THE OWNER ® I AM THE LEQAI_ REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBE[} WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURAN11, ITt 5 TO THE BEST OF MY KNOWLEDGE AND BELIEF. SlInNATUAlt- DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS P-EB IAiLY K TO ME OR PROD�C€D AS IDENTIFICATION. T1 IS r DAY OF 4 2Q NOTARY's SIGNATURE y PRINTED NAME OF NOTARY ,rvr Q(WMISstON No.IExPIRATION SEAT.: j MY COMMISSIGI . EE 873324 �'• , `�` EXPIRES: April t9, 2017 B.rrde d Tdru Wtiry Pubik Underrrritess 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. 11WE, X THE OWNER(S) f _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION. HEREBY AUf HORiZE EACH AND EVERY MEMBER OF THE Planning & Zoning I. OARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEVY THE PROPERTY IN CONNECTION WITH MWOUR PENDING APPLICATION. IA14E HEREBY WAIVE ANY OBJECTION OR DEFENSE UWE MAY RAVE. DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS. i•RESUL7ING FROM ANY BOARDiCOMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY1OUR PIROCE'DORAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTI'I'I,mcN OR THE UNITED STATES CONSTtTUTtON 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 APPLIEC, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR 08 OFFICIAL OF THE CITY OF 'SEBASTIAN. SIGNATURE'' r D Swam to and subscribed before me by -*mot' who is person kr acwn to meter produced _ as identification, this � day of C� v 2i] ' .P R. S, TAYLOR Notary's Signature � � �a '�' �`" �YC4Mkvf65310N�EE873324 Printed Name of Notary P EXPIRES. April 19, 2417 Commission No,iExpiratlon 1 nvedil�r�etetvr >u u ae>rt, t Seal: APPLICATION FIFES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WELL BE THE RESPONSIBILITY OF THE APPLICANT. 'ACKNOWLEDGMENT DATF- Permil Application No. �a SEBASTIA Supplemental Information Site Plan Approval X 1, Site size in acres or square feet: 223,575 SF (5.13 acres) X 2. Area of impervious surface in square feet: 56,657 SF X 3. Area of pervious surface in square feet: 166, 918 SF X 4. Attach the following: X a. TWELVE complete sets 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_ (Two sets must be sealed,) X 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 and color, and building ridgeline height X c. A surface - -water drainage facilities plan certified by an engineer OF architect registered in the State of Florida (3 SETS) X d. TWELVE copiers of land survey with complete legal description prepared and certified by a registered surveyor. N/A e. A traffic impact analysis, if required (.3 SETS) X f An eroslonlsedimentation control plan (3 SETS). X g. A copy of the landscape plan to meet the requirements of Article XIV, Tree Protection and Landscaping, or Article XXI Performance Overlay Districts, as stated in the Land Development Code. X h. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. Permit Application No, X 5. The following information ;s required an all site plans- X a. Locate on the site plan and describe the character of all outside facilities, for waste disposal, storage areas, or display. X b. Locate on the site plan and shove the dimensions of all curb cuts and drivewayrs, 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 - street parking facilities shall be submitted with an agreement specifying the mature of the arrangement. its anticipated duration. and signatures of all concerned property owners. X c. Locate on the site plan all pedestrian walks. and height or orientation of all signs. X d. Locate on the site plan and describe the character of landscaped areas andlor recreation areas. e. Locate on the site plan and describe the design and character of all public, semi - public, or private utilities such as water and wastewater disposal facilities, underground or overhead electric lines, gas transmission lines, or other similar facilities or services. X f. Locate on the site plan and describe the height ard general character of perimeter or ornamental walls, fences; landscaping, including bergs and other required screening devices, and any other plans for protecting aajacent property owners. X g. Locate on the site plan existing easements and rights- of -way- LWoF 503AST HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 www.cityofsebastian.org MEMORANDUM TO: Planning and Zoning Commission ACTION: Special Use Permit Colurnbarium in Public Service Zoning District SUBJECT: Sebastian Christian Church 190 Day Drive DATE: January 30, 2014 As detailed in Section 54 -2 -3.1 of the Land Development Cade, a special use is a use which is not specifically provided for in the zoning regulations. The Planning and Zoning Commission and City Council may pen-nit such uses in such zoning districts or classifications as special uses only if the applicant meets specific provisions and conditions deemed appropriate. City Council may, in its sole discretion, grant a special use permit in any district for a use, which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, shall not be specifically prohibited pursuant to the comprehensive plan or other applicable laws or regulations, and shall satisfy the findings of fact outlined in Section 54- 2-3.1(a)(3) of the Land Development Code. Procedurally, staff reviews the special use application and makes a recommendation to the Planning and Zoning Commission. The Commission shall hold a public hearing and shall indicate whether, in their opinion, the proposed special use meets the required findings of facts (Section 54- 2- 11(a)(3) noted above) and review criteria established in Section 54- 2- 6.2(d). The Planning and Zoning Commission shall then make a recommendation to City Council to approve, approve with conditions, or deny the application for the special use. The Sebastian Christian Church has requested a special use permit for their property located at 190 Day Drive to allow a columbarium to be included in the memorial chapel identified as Phase 2 of their proposed major modification to their site plan. The 910 SF building will be located between the existing church sanctuary and the stormwater lake and is more than 100 feet from Schumann Drive and Pelican Island Place. The walls of the chapel will incorporate niches to hold urns containing cremated remains (ashes), and each niche will be covered by a memorial plaque commemorating the deceased. Placement of the ashes in the columbarium niche will be part of a memorial service held in the church sanctuary or in the memorial chapel itself Required findings of fact Section 54-2-3.1(a)(3); a. The approval of the application for a special use will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in Article VI; The overall site has been reviewed during the site plan approval process to insure code compliance, as well as protection of public safety, health and welfare. b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; Located in the public service zoning district, the memorial chapel will be an accessory structure to the approved church, and will reflect the architecture of the other buildings on the site. At this time, memorial services are conducted in the sanctuary, but may also be extended to the columbarium in the memorial chapel. C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. The use is consistent with the Comprehensive Plan and the Code of Ordinances. is Conditions of approval (Section 54- 2- 3.1(a)(4J._ In approving an application for a special use under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. No conditions proposed. Planning and Zoning Commission findings (Section 54- 2- 6.2(d): Any approval with or without conditions shall be rendered only after a finding by the Planning and Zoning Commission and the City Council that the proposed use satisfies the following criteria: 1. Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. The proposed major modification to the Sebastian Christian Church meets all criteria identified in the Land Development Code to insure protection of public health, safety and welfare. 2. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. Many people legally display urns in their homes, or scatter the ashes in places of special significance. In a columbarium, the ashes are not scattered, but held within a vessel and placed in an enclosed niche. A columbarium is not a mausoleum or cemetery, which are used to enclose a burial chamber or vault. 3. Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. The cremains pose no environmental or health hazard. The niches in the columbarium fully and securely enclose the urn. Also, the columbariurn niches will be located on the interior of the chapel, and will not be visible from the street or neighboring properties. The site provides more parking spaces than required by code and adequately provides for traffic flaw to and from the property. 3 4. Conforms to all applicable provisions of the district in which the use is to be located. The church property is located in the Public Service zoning district and conforms to all provisions of that district. 5. Satisfies specific criteria stipulated for the respective conditional use described in this article. There is no specific criteria stipulated in the Land Development Code. 6. Is consistent with the Code of Ordinances and Comprehensive plan. There is no conflict with the Comprehensive Flan or the Code of Ordinances. Recommendation: Hold public hearing. Staff recommends that the Planning and Zoning Commission make a recommendation to City Council that the Sebastian Christian Church be granted a special use permit for a columbarium on their property located at 190 Day Drive. 5;ared by 4 j ^ '� Date Permit Application No. a„ SE T" City of Sebastian I4O.RiE OF PRICAN KUN'O Develanment Carder Annlication A ,leant If not owner, written authorization notarized from owner Is required)_ Name: Sebastian Chriatian Church Address: 190 Day Drive; Sebastian, FL 32958 Phone Number: - r. y - �72 } (] 388 -1 40 FAX Number: E -Mail: Owner ,f different from applIcann Name: Same as applicant Address: Phone Number: { y - FAX Number: ( y E -Mail: Title of permit or action requeste PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC, SHALL BE ATTACHED AND 8 -112° BY 11° COPIES OF ANY ATTACHMENTS SHALL &E INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name of applicable}: Sebastian Christian Church I B. Site Informatlon Address: 190 Day Drive Lot: Block: Unit: Subdivision: 4 God's Little Acre Indian River County Parcel #. 31-39-19-00003-0000-00004.0 Zoning Classification: Future Land Use: PS Institutiangil Exisfing Use: Church Proposed Use: Church — with calumbarium C. Detailed description of proposed activity and purpose of the requested permit or action attach extra sheets if necessary). "Columbarium" to be included in memorial chapel shown in site plan. DATE RECEIVED:4 A31 I3 FEE PAID: - 06 RECEIVED BY: Y_ fAl0 (P49 PerM tApprjcaVpn No- D. Project Personnel: Agent: A - Name., Address Phone Number: ( 3 - FAX Number: j = E -Mal: Att6rne A Name: Address - Phone Nvmber: } - FAX-Number- Engineer: Mr. Aaron Bowles, P.E. l�[arrle: MBV Engineering, Inc. - ,address 1835 20th Street=; Versa Beach, FL 329607 Phone Number. ( 772) 569 -0035 FAX Number: ( 772) 778 - 3517 L -Mai: aaronb@mbveng . cam Surveyor Mr. David Jones, PSM Name: David M. Jones, PSM Address 3899 39th Square: Vero Beach, FL 32960 Prone Number. (772) 567-9875 FAX Number: ( 772) 567 _ 9172 E -Mail: davidmjonespsm@msn.com 1, Fred Hess BEING FIRST DULY SWORN, DEPOSE AND SAY TriAT: X I AM THE OWNER T I AM THE LEGAL. REPRESENTATVE OF THE QWNER OF THE PROPFIRTY DES RISED WHIC]i IS THE SLraJECT MATT ER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA .A1+IDaOR SxETCHES PROVIDED IN THIS APPLICATION ARE ACCURA NO TWF TU THE "SrT'F "'Y a NOWLEDGE AND BELIEF. ,- SIGNATV DATE SWORN TOANO SUBSCRIBED BEFORE ME BY WHO IS SALLY KN" 1�TQ IV1E OR PRa�7110E, AS IDENTIFICATION, THIS l � DAY OF /I NOTARY's SiGNATuRE �- PRINTED NAME OF NOTARY COrl missION NOJlEXPIRATION SEAL: FL S. TAYLOR My COMMISSION 3 EE B73324 EXPIRES: April 19, 2017 Bonded Thou Nolary Public Undsrwrkers FlemitApplica1ian No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezt,>2ingyo site plains, cvnditiostal use permits, special ease permits variances, exceptions, and eppe;ds. VVV9, X THE C3Y NF-k (S) I — THE LEGAL REPRESENTATIVE OF THE OwNER(S) OF THE PROPERTY DESCRISE3 WHICH 19 THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Plarmin & Zonin BOARDICows iQN OF 7HE OITY Oi SE RASTIM TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MYIOUR PEI ;DING APPLICATION. VWE HEREBY WAIVE ANY OBJECTION OR DEFENSE UWE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULT7NG FROM ANY SOARDICOMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MYIOUR PROCEDURAL OR SUBSTANTIV -= DUE PROCESS RIGHTS UNDER THE FLORIDA CoNsTrrLm ]N OR THE LlN1TE9 STATES CONSTITUT ON WERE WLATED BY SUCK ENTERING OR VIEWJNC. THIS WAIVER AND CONSENT IS BEING 516NED BY REIUS VOLUNTARILY AND NOT AS A RESULT 01: ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT. CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE I3 a= 9/ Sworr'3 to and subscribed before File by who is ❑w to me or produced as identifcadcn, this _ day of 24 R. S, TAYLOR Nctafy's Signatur ° �f h�Y OOMMISS10N A Ef 87332h Printed Name of Notary ��; C3(Pii�ES:April 1_J, 83i7 .T.- o ?• Banded ihm Wtary PubliG Undurwrbls Commission No./Expiration Seal; APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CI'T'Y COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGl NF.ER REVIEW (WHEN REQUiREC) WILL BE THE RESPONSIBILITY OF THE APPLICANT, ACKNOWLEDGMENT DAZE Permit Application No_ ` OF Supplemental Information Special Use Permit - - (ATTACH ADDITIONAL PAGES CE NECESSARY.) HOME OF PELICAN ISLAND 1. Describe the use for which this special use permit is being requested: Columbarium — See attached 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located. (Attach additional pages, if necessary) See attached 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning district, and that the use is similar in nature and compatible with the uses allowed in such district. (Attach additional pages, if necessary): uee attached 4 Attach a list of the games and addresses of all owners of parcels of real property within three hundred (300') feet of the parcel to be considered. Sebastian Christian Church Special Use Permit — attachment to application Permit Application Dumber: 1. Describe the use for which this special use permit is being requested: This request is to include a "columbarium" in the proposed "Memorial Chapel" which overlooks the onsite retention pond on the Site Plan for Sebastian Christian Church. The walls of the chapel will incorporate niches to hold the urns containing the cremated remains —or ashes —of the loved ones who have died. The niches will be covered by a memorial plaque commemorating the deceased. The chapel will provide a respectful and sacred place for family members to honor their loved ones. Placement of ashes in the columbarium niche will be part of a memorial service held in the church sanctuary or in the memorial chapel itself. 2. Describe how the granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located: The Memorial Chapel follows the setback and other requirements required by zoning codes and will be constructed in accordance with the Florida Building Code. The chapel is more than 100' from the property lines and will reflect the architecture of the rest of the church's buildings. The columbarium niches will be located on the interior of the chapel, and will not be visible from the street or neighboring properties. Cremated remains are inert fragments of bone, mostly calcium, which resemble small pieces of gravel and dust. The cremains pose no environmental or health hazard. Often, ashes are scattered in places such as parks, rivers or the ocean which hold a special significance to the deceased. In fact, many churches have memorial garden areas where ashes are poured into the ground. There is no hazard posed by this action. However, unlike the scattering of ashes, the niches in the columbarium willfully and securely enclose the cremains urn. Many families store or display urns in their homes but would prefer a more sacred or significant place for the cremains. Many churches, including several in Indian River County, have columbarium structures on their properties. In 2009, state legislation has provided for Florida's eleven state universities to build columbaria on their campuses. It is not illegal to have cremains in a private home or even to scatter or bury ashes on private property with the landowner's permission. On public lands, State and federal officials typically turn a blind eye to scattering ashes as the act falls under the Clean Water Act designed to prevent pollution. There is no risk or hazard and therefore it is not enforced in those instances. In a columbarium, the ashes are not scattered, but held within a vessel and placed in an enclosed niche. There is no threat to public safety, health or welfare. Nor will it affect other properties in any way. 3. Describe how the use requested is consistent with the purpose and intent of the respective zoning district, and that the use is compatible with uses allowed in such district: The Sebastian Christian Church property is zoned Public Service and the church has been approved as a conditional use in this district. The proposed Memorial Chapel and columbarium is an accessory to the main sanctuary of the church. A columbarium is NOT a mausoleum or cemetery, which enclose a burial chamber or vault. A columbarium contains merely the cremated ashes of the deceased. Furthermore, Florida statutes 497.260 exempts columbaria which are less than Y2 acre and contiguous to a religious institution facility from the laws which regulate cemeteries. The chapel and columbarium will provide a sacred, respectful setting for a memorial service to a loved one and place of contemplation for family members. It is similar to a church sanctuary and compatible with allowable uses for the property.