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HomeMy WebLinkAbout10022014PZ Agendaa►YOF HOME OF PELICAN ISLAND 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 o FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION LOCAL PLANNING AGENCY THURSDAY, OCTOBER 2, 2014 7:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS: S. APPROVAL OF MINUTES: Regular Meeting of August 28, 2014 6. OLD BUSINESS: As Local Planning Agency: A. Review Revisions/Additions, and Make a Recommendation to City Council Regarding Ordinance 0-14-04 which Proposes an Amendment to the Land Development Code, Article III, Section 54-2-3.2 Regarding Procedures and Criteria for Review of Temporary Uses/Special Events 7. NEW BUSINESS: As Planning & Zoning Commission: B. Quasi -Judicial Public Hearing - Site Plan Modification, Conditional Use Permit, & Waiver - Sebastian Inlet Marina and Trading Co. (Captain Hiram's) - Two Story 16 -Unit Motel - 1615 Indian River Drive - CWR (Commercial Waterfront Residential) Zoning District - Requested Waiver from LDC Section 54-4-21.A.7: Riverfront Overlay Landscape Requirements 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. COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebasfian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Proposed Land Development Code Amendment to Article III — Procedures and criteria for review of temporary uses; specifically Section 54-2-3.2 DATE: September 26, 2014 At its August 7, 2014 meeting, the Local Planning Agency held a public hearing to review an amendment to the procedures and criteria for temporary uses/special events that are held on non-public properties. The minutes from that hearing are attached. Before making your formal recommendation to City Council, you requested staff to bring back the changes discussed at the hearing for a second review. Please review the attached Section 54-2-3.2. Words stricken shall be deleted; words underlined constitute the proposed amendment; and remaining provisions continue in effect. The words highlighted in yellow are the additional revisions that resulted from the Agency's direction at the 8/7/14 hearing. In review: • The Agency felt that if the applicant was not the owner of the host site, a higher cash bond than $200 should be required and that the amount should be determined by City Council, and established by Resolution • The amount of certain events on a property should be limited to a number between 2 and 6 a year • The fee should be lowered to $35 per event, and established by Resolution • An appeal of any decision on the application should be brought to the Planning and Zoning Commission Regarding the number of events per property, staff is proposing, for discussion, that "Special events or temporary uses for which the activity is not a permitted or conditional use of the host site's zoning district shall be limited to four times a calendar year." Please review the draft amendments, and consider your recommendation to City Council accordingly Dorri Bosworth, Planner Community Development Department LDC Section 54-5-22.2 DEFINITIONS: Host site: The parcel of land upon which a temporary use or special event is conducted. j2ecial Event: The temporary use of facilities, parking areas and other open space for an event held by owner, nonowner, religious organizations, recreational/entertainment groups or local civic organizations. Special events may include circuses, carnivals, festivals, fairs, special exhibitions, concerts, church revivals and other similar activities. Temporary use: A use established for a fixed period of time with the intent to discontinue such use upon expiration of the time period. Transient merchant: Any person or business entity that engages in the temporary sale of any merchandise not within an enclosed structure. The following will not be considered to be transient merchants: (1) Any merchants within enclosed structures who temporarily display their merchandise outside of the structure on their premises provided the display does not delete any required parking. (2)Any merchants who have received site plan approval from the planning and zoning commission for a specific outside sales and/or display area. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 Chairman Dodd called the Local Planning Agency meeting to order at 8:05 P.M. ROLL CALL: PRESENT: Mr. Roth Mr. McManus (a) Mr. Dodd Mr. Qizilbash Ms. Kautenburg (a) Mr. Durr Mr. Carter Mr. Paul. EXCUSED: Mr. Reyes ALSO PRESENT: Frank Watanabe, PE, Community Development Director Bob Ginsburg, City Attorney Dorri Bosworth, Planner/Recording Secretary Cynthia Watson, Environmental Specialist B. PUBLIC HEARING — REVIEW AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0-14-04 WHICH PROPOSES AN AMENDMENT TO THE LAND DEVELOPMENT CODE, ARTICLE III, SECTION 54-2-3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES/SPECIAL EVENTS Ms. Bosworth presented the proposed changes, explaining that staff receives approx. 20 to 25 applications a year, and that the Section had not been reviewed since its adoption (1995). Staff requested the Commission's guidance with some of the recent applications, specifically adherence of the existing code, or suggestions on where to update it. Ms. Bosworth reviewed the history of the code and why the regulations were put in place. She clarified that this Section of the code did not apply to events and uses on city -owned property such as Riverview Park or at the Community Center, but those occurring on private property. She explained that staffs policy has been to not require permits for events held inside church, civic organization, or private club buildings, as fundraising and fellowship were a part of those groups nature. Certain inside events would still require a permit if staff felt there was a public safety issue that should be considered, or if it involved transient merchants/vendors. She further explained how staff had tried to accommodate applicants with the current fee ($125 per event) for multiple, similar events by placing them all on one application and charging only one fee. This lead to quite a few applications requesting events/uses for nine months of the year (Flea Markets). Also, a lot of uses/events were not conditional or permitted uses allowed in the zoning district of the site as required by the temporary use code. Staff was requesting the Commission's recommendation on changing the fee, opinion on how many times could a similar event occur before it was considered a permanent use of the site, and removing the permitted or conditional use requirement, along with minor clean-up revisions to the code. Mr. Dodd stated he saw two different scenarios that should be considered differently, one being an owner of the host site that considers the eventluse as part of their normal activity[flea market, bazaar, etc.], and the second being a business entity renting their space to a transient merchant [tent car sales]. He felt the $200 cash bond was not enough if the City needed to use it to clean up after an event, and suggested a different fee for each of the scenarios, along with a larger bond. He felt the City should not sanction a transient merchant because a similar local business existed, and that as long as the temporary use/transient merchant submitted an application through staff, the City should not limit the amount of times a business could rent out his site. He suggested there be a simpler, cheaper process for the churches and civic organizations. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 Mr. Roth agreed there should be different requirements for civic and business. Ms. Kautenburg disagreed with allowing so many events at a church or civic organization in that residents or neighboring properties assumed what normal church activities would be and did not bargain for an every weekend flea market. The "charitable" flea markets create income for the hosts by leasing booth space to other vendors/individuals. She felt if these uses were to be called "temporary" then it was responsible to define what temporary means, and she considered semi-annual or annual to be temporary. Any more than that amount was not fair to the neighbors, and then should be adhering to the zoning regulations. Mr. McManus stated separate fees should be established for non-profit and for profit applicants. He suggested $35 for the initial event and $25 for additional dates on the same application. He also relayed when he was a businessman how frustrating it was when a transient merchant came into town and competed with the local businesses that paid taxes and contributed to the community. He suggested keeping the existing fee of $125 for profit business vendor/merchants. Mr. Paul suggested using the size of the property as a determination factor instead of profit vs. non-profit, in that a small commercial parking area would hold a different type of event than a large church property or supermarket parking lot. He also suggested tweaking 21 days to "business days" for submittal of the application [Section 54-2-3.4(13)], and charging for off - premise signage for the larger transient merchant sales. Mr. Dodd clarified if off -premise signs were allowed for temporary sales/events. Ms. Bosworth stated no, because that was a requirement of the regular sign ordinance. Mr. Qizilbash agreed with the $35 per event fee proposal, and also suggested an increase in the bond amount. Mr. Durr stated he, too, felt a monthly event strayed from being temporary, but an exact number would be hard to establish. He agreed that a for-profit business did have the right to rent out parking area to a transient vendor comparing it to leasing out space to a tenant, but the fee should cost more as opposed to a church having a fundraiser. But he also questioned if a Flea Market -type event wasn't as similar to a business renting out space to transient merchants. He felt a higher fee shouldn't be assessed to the larger vendors just because they can afford it. Ms. Bosworth discussed how it may be hard for staff to verify proof of non-profit status, asking if formal paperwork should be shown for proof. She also stated civic organizations will rent out their building or parking area for a fee, which is their way of fundraising, to a "for-profit" transient merchant. if separate fees were to be considered, specifics should be detailed in the code. Mr. Carter stated he also liked the $35 per event fee. Mr. Ginsburg stated he had concerns with having different fee schedules for profits vs. non -profits because the Commission and the City Council should be examining the "use" as opposed to who is using property in a certain way. There was not always a clear distinction between profit and non-profit. Mr. Dodd asked if there could be one type of fee for a host site that is owned by the operator of the facility and the special event is contained within the host site. Mr. Ginsburg stated when you start to make distinctions [for fees] then legalities need to be reviewed. Mr. Ginsburg stated that an appeal process to the City Manager's decision, as noted in Section 54-2-3.4(c), should be added to that paragraph, and what entity should hear the appeal, the Commission or City Council. Mr. Dodd stated since the temporary uses should be reviewed as a "use" issue, appeals should then come before the Commission. 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 7, 2014 Mr. Dodd then took the strike -out, underlined version of the proposal and reviewed what was agreed upon and what revisions should occur. Section 54-2-3.3, Time Limits, was discussed further, with 2 or 6 per year suggested by Ms. Kautenburg and Mr. Dodd. Mr. Durr offered 4. Ms. Bosworth stated an additional paragraph (d) might be added to specify the number events for a temporary use, as (a) thru (c) specified current time limits for transient merchants. Ms. Bosworth verified that it was the consensus of the Commission that 9 events were too many for "temporary". The proposed $35 fee proposal was further discussed and it was agreed to charge the fee per event, Three Flea Market dates at one site would be 3 X $35. Chairman Dodd opened the hearing for public input. No one spoke in favor, or in opposition, of the proposed Ordinance. The Commission asked staff to bring back the revisions to them for review before they made a recommendation to the City Council. Chairman Dodd adjourned the Local Planning Agency meeting at 8:53 p.m. (db) 2 COMMUNITY DEVELOPMENT DEPARTMENT Site Plan Review Staff Report 1. Project Name: Captain Hiram's Resort 16 -Unit Motel 2. Requested Action: Approval of a major modification to the resort site plan for a new 16 -unit motel building along with required parking, stormwater, and landscaping. 3. Project Location a. Address: 1615 Indian River Drive b. Legal All of land in Lot 17, Block 1, Indian River Hills Subdivision, being a replat of August Park subdivision. Full legal description (metes and bounds) on file. C. Parcel ID: 30-38-30-00002-0010-00017.0 30-38-30-00002-0010-00008.0 30-38-30-00002-0020-00007.0 30-38-30-00002-0020-00008.0 4. Project Owner: Sebastian Inlet Marina & Trading Company 1606 Indian River Drive Sebastian, FL 32958 (772) 633-0260 5. Project Agent: Mr. Tom Collins 6. Project Engineer: Mr. Scott McGuire, P.E. Knight, McGuire and Associates, Inc. 80 Royal Palm Pointe, Suite 401 Vero Beach, FL 32960 (772) 569-5505 7. Project Surveyor: Mr. William E. Hayhurst Hayhurst Land Surveying, Inc. 445 9t' Street, S.W., Unit 7 Vero Beach, FL 32962 (772) 569-6680 1 8. Project Description: a. Narrative of proposed action: Sebastian Inlet Marina & Trading Co. (Captain Hiram's), represented by Tom Collins, has made application for a major modification to their resort site, as well as a conditional use permit and a landscape waiver. They propose to add a new two-story 16 -unit motel to a vacant parcel west of Indian River Drive and north of their existing hotel site. Site improvements will include access drives, stormwater facilities, parking, landscaping, water and sewer service. C. d In the design phase of this project, a number of issues were identified that did not meet City code. Although some issues were resolved, application was made for several variances. On December 2, 2013, the Board of Adjustment approved six variances for the site including two for setbacks, two for landscaping and two for design criteria for parking areas. See attached variance order. Following the variance hearing, a citizen filed an appeal to the Circuit Court regarding the process of advertising the Board of Adjustment public hearing. By code, further proceedings must be placed on hold until the appeal can be ruled upon. The appeal has been dismissed by the Court, and the site plan hearing has now been scheduled. Current Zoning and Land Use: Land Use: RMU (Riverfront Mixed Use) Zoning: CWR (Commercial Waterfront Residential) Adjacent Properties Site Characteristics (1) Project Area: 2 New Parcel — 12,271 SF (.28 acres) Entire Site — 217,690 SF (5 acres) Zoning Current Land Use Future Land Use North CWR time share resort RMU East CWR motel RMU South CWR parking RMU West CWR time share resort RMU Site Characteristics (1) Project Area: 2 New Parcel — 12,271 SF (.28 acres) Entire Site — 217,690 SF (5 acres) 3 (2) Current Land Use(s): stabilized parking (3) Soil: Immokalee fine sand (4) Vegetation: Some perimeter bushes. (5) Flood Hazard: Zone X (Other Flood Area) (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Friendship Park -.4 miles (9) Police: Sebastian -.4 miles (10) Fire: Roseland —1.4 miles 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: n/a d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Contents of Site Plan: a. lot configuration: Provided. b. finished ground floor elevation: 7.5' NAVD C. contours and designated number of dwelling units: 0 d. square footage of entire project area: 217,660 SF (5 ac.) e. building coverage: 37,440 SF = 17.2% (30% maximum) f. square footage of impervious areas and open area: impervious 150,773 SF = 69.3% (80% maximum) open 66,887 SF = 30.7% (25% minimum) 3 g. setbacks: Required Proposed Front* 5' 5' Side North ** 2.5' 2.5' Rear 10' 10' *Reduced by variance from 10' to 5' **Reduced by variance from 5' to 2.5' h. scaled drawings of the sides, front and rear of the building or structure: Provided. i. generalized floor plan indicating uses and square footage of each proposed use within each building or structure: Provided. j. Building exterior construction materials and color: Provided. The new building will to be similar in construction materials and colors to the other two motel buildings. k. building height: 264" (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 unit plus one space for each 400 SF of accessory meeting rooms. New parking provided: Parking Required: 16 spaces (16 rooms) Parking Provided: 20 spaces plus 4 motorcycle spaces Total site parking calculations for the entire resort are included on the site plan. Parking provided exceeds the code required parking needs. 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 n q. surface materials: Provided. r. number of employees: 1 — 2 additional employees for this building S. type of vehicles owned by the establishment: 0 t. If there is a combined off-street parking facility, required agreements: The new parcel will be combined with the existing resort site by Unity of Title. No agreements are necessary. U. Location of all pedestrian walks, malls, yards and open spaces: Provided. V. location, size, character, and height or orientation of all signs: Provided. W. location and character of landscaped areas and recreation areas: Provided. X. location, design and character of all public, semi-public, or private utilities: There is an existing sewer line belonging to Oyster Pointe which runs from their property through the Sebastian Inlet Marina property and continues on to Indian River Drive. This line must be relocated off the property to be developed. The property immediately to the north is an FDOT drainage easement. Scott McGuire, P.E., is working with FDOT to obtain the necessary permits to relocate the lines into the right-of-way. Since this has not yet been obtained, staff has included this as a condition of approval. 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. 11. Site location and character of use: Provided. 12. Appearance site and structures: a. harmonious overall design: Yes 5 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 13. Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design and access/egress considerations: The Board of Adjustment granted two design criteria variances for this project. The first allows the drive aisle to be reduced from 25 feet to 21 feet. The second reduces the length of the standard and handicapped spaces from 20 feet to 19 feet. Also, there is an existing ingress/egress easement between Oyster Point and the new motel parcel. This easement has been redesigned to line up with the new drive aisle. A copy of the new easement, approved by both parties, has been received. b. separation of vehicular and pedestrian areas: Provided. 14. Traffic impacts: A traffic impact study has been provided. No additional traffic impact analysis is required. 15. Open space and landscape (including the requirements of Article XIV): a. Name, address and phone number of the owner and designer: Provided. b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: Provided. C. Property lines, easements, and right-of-way with internal and property line dimensions: Provided. d. Location of existing or proposed utility service: Provided. e. Location and size of any existing or proposed structures: Provided. f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: Provided. g. Location and size of any existing or proposed vehicular use area: Provided. h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: Provided. A 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. 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: The landscape plan provided identifies the new area of development. The applicant has requested a waiver to reduce the required landscape material as follows: 17 less understory trees, 18 less hedge plants (36") and 228 less shrubs (24"). Two variances have been granted for this project to reduce the north perimeter landscape strip from 10 feet to 2.5 feet, and to eliminate the hedge requirement for the north property line. In 2000, the parent motel site was granted a variance that required only 10 hardwood trees, with the remainder to be ail palms. This was granted in keeping with the overall theme of the resort. As such, staff feels this landscape plan continues the overall landscape design of the parent site and recommends approval of the waiver stated above. k. Location of required landscape areas and dimensions: Provided. 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. o. Location, dimensions and area of landscaping for freestanding signs: No additional monument signs are proposed on this site plan. p. Show 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 Community Development Director shall give final approval of the plan. 16. Required screening of abutting residential and nonresidential uses: Provided. 17. Flood prone land and wetland preservation: n/a 7 18: Surface water management: Provided. 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21: Soil erosion, sedimentation control and estuary protection: Provided. 22. Additional considerations: The following agencies/staff have reviewed the site plan. Unless otherwise noted, all comments have been addressed. Frank Watanabe, City Engineer Indian River County Fire Department Indian River County Utilities Department Environmental Health St. Johns River Water Management District Indian River County Traffic Engineering Sebastian Police Department Sebastian Building Director Sebastian Public Works Director 23. Conditional Use — Hotels and Motels and Transient Quarters: Required Findings (Section 54-2-6.2(d): a. Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. The proposed project provides all necessary elements of a site plan including drainage, access drives, parking and landscaping. b. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. There appears to be no adverse effect on the surrounding area. In addition, Oyster Pointe and Oyster Bay Resort has provided a letter of support for the project. C. 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. There are no contiguous residential properties. d. Conforms to all applicable provisions of the district in which the use is to be located. The proposed use, 16 additional motel units, conforms to the provisions of the Commercial Waterfront Residential (CWR) District, as modified by the variances approved by the Board of Adjustment. e. Satisfies specific criteria stipulated for the respective conditional use described in subsection 54-2-6.4(26): E= 1) The facilities shall comply with applicable regulations of the State Division of Hotels and Restaurants cited in the Florida Administrative Code. The parent site is already licensed by the Division of Hotels and Restaurants, and will continue to comply with their regulations. 2) Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with standards established in Section 54-3-94.16 of this ordinance. The subject site does not abut a residential district. 24. Staff Conclusion: 1. The proposed motel conditional use is consistent with the Comprehensive Plan and the Land Development Code. 2. The proposed site plan is consistent with the Comprehensive Plan and the Land Development Code. The landscape plan requires a waiver by the Planning and Zoning Commission. 25. Recommendation: Hold public hearing regarding the proposed site plan, conditional use and landscape waiver. Staff recommends approval of the Captain Hiram's 16 -unit motel major site plan modification, the conditional use and the landscape waiver, with the following conditions: 1. Provide a recorded unity of title connecting the new motel site to the parent site. 2. Provide MOT permit to relocate the Oyster Pointe sewer line into the FDOT right-of-way. � K� � tOAREQ(!�5F l61 q -a& -J �, DATE BOARD OF ADJUSTMENT City of Sebastian, Florida Application for Variance: Sebastian Inlet Mariana &'Trading Co. Case No. 13 -VAR -5 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THIS CAUSE came on for public hearing before the Board of Adjustment of the City of Sebastian on December 2, 2013. Based upon the testimony and all of the evidence presented, the Board of Adjustment enters the following: FINDINGS OF FACT 1. The subject property is located at 1615 Indian River Drive, consists of .28 acres and is identified as Indian River County Parcels 30-38-30-00004- 0000-00001.0, 30-38-30-00004-0000-00002.0, and 30-38-30-00004-0000- 00003.0 (hereinafter identified as Subject Property). This property was purchased by Sebastian Inlet Marina & Trading Co. in 2007. 2. Sebastian Inlet Marina & Trading Co. has requested the following variances for the Subject Property: a. Variance from Section 54-2-5.5(d)(6) — Reduction of side yard setback from 5 feet to 2.5 feet. b. Variance from Section 54-2-5.5(4)(6) — Reduction of front yard setback from 10 feet to 5 feet. c. Variance from Section 54-3-14.11(b) — Reduction of the perimeter landscape strip along the north property line from 10 feet to 2.5 feet. d. Variance from Section 543-14.11(b) — Elimination of the perimeter hedge requirement along the north property line. e. Variance from Section 543-10.6(a)(5) — Reduction of the drive aisle width from 25 feet to 21 feet. E Variance from Section 54-3-10.6(a)(5) — Reduction of the parking stall length of standard and handicapped spaces from 20 feet to 19 feet. 3. Public notice of this hearing was published on November 5, 2013, in the Press Journal, a newspaper of general circulation in the City of Sebastian. Notice of the hearing was also mailed to property owners within three hundred (300) feet of the Subject Property, as shown in the records of the Property Appraiser of Indian River County, and in accordance with the requirements of Section 54-1-2.8 of the Sebastian Land Development Code. Notification to the adjacent time share property was provided to their condominium association. 4. At the November 20, 2013 Board of Adjustment meeting, the public hearing was deferred to the December 2, 2013 Board of Adjustment meeting. Courtesy notices were again sent to property owners within three hundred (300) feet of the Subject Property. 5. The Community Development Department of the City of Sebastian prepared a staff report and analysis of the application and identified the criteria for determining variances, Section 54-1-2.5, Sebastian Land Development Code. 6. Tom Collins, owner and representative of Sebastian Inlet Marina & Trading Co., explained the overall project, the requested variances, and the justification thereof. 7. No member of the public testified in favor of the application. 8. Four people spoke in opposition to the variances. Ruth Sullivan expressed concerns about open space, wildlife and potential impact on the Indian River Lagoon. Sal Neglia was concerned about overdevelopment and asked the Board to watch out for the people of. Sebastian. Bill Simmons stated his concerns about upholding the codes and overlay district standards. Joann White asked about employee parking and stated her concern about site congestion and parking issues. 9. The Chairman called for any other persons who wished to speak for or against the application, and no one responded. CONCLUSIONS OF LAW Based upon a careful consideration of the evidence presented, and the applicable provisions of the Land Development Code of the City of Sebastian, the Board of Adjustment hereby determines that the requirements for granting the requested variances have been satisfied. Specifically, these requirements are: 1. The existence of special conditions or circumstances; 2. The conditions ware not created by the applicant; 3. Special privileges are not being conferred; 4. Hardship conditions exist; 5. Only the minimum variance is being granted; 6. There is no injury to the public welfare or to the intent of the ordinance; and 7. This is not a use variance. Fa ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made to approve the application in its entirety, including all six of the requested variances. Said motion was made by Board Member Jim Hill, seconded by Board Member Andrea Coy, and adopted by the Board by a vote of 4 in favor and 1 against. Therefore, the requested variances were GRANTED. DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this 2°d day of December, 2013. of Adjustment 3 CITY OF SEBASTIAN r Bob McPartlan, Chairman Board of Adjustment ,4291/3 date BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA SEBASTIAN INLET MARINA & TRADING CO. Case No: 00-001 Appellant, VS. CITY OF SEBASTIAN, FLORIDA Appellee FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on January 4, 2000 after due notice and based on the evidence, the BOARD OF ADJUSTMENT enters the following: FINDINGS OF FACT Public notice of this hearing was published on December 20, 1999, and again on N/A , 19 , in the Vero Beach Press Journal, a newspaper of general circulation. 2. A copy of the published notice was mailed to all property owners within three hundred (300) feet of the property involved in the application, as shown in the records of the property appraiser of Indian River County. CONCLUSIONS OF LAW 1. The variance is not contrary to the intent of the Landscape Ordinance. 2. Literal enforcement of it would be impractical, and would result in unreasonable and unnecessary hardship. ORDER NOTE: The applicant has requested a variance from the Landscape Code to allow a minimum of ten (10) hardwood trees, and the remainder (of) trees to be Palms which will equal the tree -canopy requirements. ,L1919011,1; "I submit the following motion, to require 10 minimum hardwood trees, and the remainder to be planted in palms in meeting the canopy tree requirements of the Landscape Code." Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to approve the appeal was made by Board Member Chmn. James Schmitz and seconded by Board Member Louise Kautenburg , and adopted by the Board by a vote of 5 in favor, and 0 against. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 4th day of January , 2000. BOARD OF ADJUSTMENT ATTEST: ANN BRACK, CLERK TO THE BOARD OF ADJUSTMENT (APRVORDER.DOC) (APPL APRVL.DOC) 2 OysterOyster Poin e day Resort1570 U.S. I Sebastian, FL 32958 November 6, 2013 To: Mayor and Sebastian City Council members Sebastian Planning and Zoning board members (hand delivered) RE: Captain Hiram's 16 unit hotel addition Dear Mayor, -Council and Planning and Zoning board members, I am the General Manager of Oyster Pointe & Bay Resort. Our two properties are located to the north and south of Captain Hiram's Resort. Over the last year, Mr. Collins has kept us informed of his plans to add a two story, 16 unit motel addition to his property. Our Board of Directors have thoroughly reviewed his plans and we have met with Tom on site to go over the project. We have no objections to the variances that he is requesting and no objections to the project. We urge the Mayor, City Council and Planning and Zoning board members to approve this addition to Captain Hiram's Resort. Sincerely, Pamela Morgan RECEIVED NOV 0 8 2013 City of 8abastlan Community baveropment Dopt. Oyster Pointe MailingAddress Oyster Bay Office web site: P.O. Bos 780899 (772) 589-6513 www.OysterResorts.com Sebastian, FL 32978-0899 Permit Application No. SE§4sTKN City of Sebastian HWEOFPWCM&MD Development Order ApPlication Applicant If not owner, written authorization notarized from owner is re wired Name: Address: S a (i Phone Number: ( ) f ? A FAX Number: ( ) r p E -Mail: Owner (If different from applicant) Name: 91 Address: Phone Number: ( ) - FAX Number. E -Mail: Title of permit or action requested: "337'7 K­tW cv LN 0 D S (-A PE-, W A+ v 4- C0A)0t_ 0&)V1rt— LA.S e_, PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2° BY 11° _COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: � S: Lot: Block: Unit: Subdivis Indian River County Parcel #: Zoning Classification: Existing Use: Future Land Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessary): DATE RECEIVED: Lp /JJ/_J3! FEE PAID: $ = RECEIVED BY: PAt�fts_ s 3,� Q,.� �o ��— A d 4w ► 0'0-+ Ptr---s o Q0 9c, 3 Swb0r rf toff /Z-1-/3 Permit Application No. D. Project Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number.( ) - FAX Number: E -Mail: Surveyor: Name: Address Phone Number: ( ) FAX Number E -Mail: k Lb 11 ; ns , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: W I AM THE OWNER _ AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE �TRUE�TOTHE�BEST �MY OWLEDGE AND BELIEF. ,,hh � - )_ -) - ) ?� SIGNATU E DATE SWORN TOAN04WOSGUL D BEFORI WHO IERSONALLY KNOWN ME AS IDENTIFICATION, THIS,_ DAY NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P7— BOARD/COMMISSIONOF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IIWE 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. T CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, 1R� S MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 10 SIGNATURE DATE Sworn to and subscribed before me by —F�)OrnA,5 F -t Oc (I t n5 who is personally known to me or produced as identification, this I"1 day of o?, +o be_ r , 20 13 . Notary's Signature Printed Name of Notary ems// e Commission No./Expiration Seal: '4���/y., DENISE LAFORTUNE ? ' y NOTARY PUBLIC, STATE OF FLORIDA -= MY COMM. EXPIRES 12/12014 COMM. NO. EE46227 I BONDED THROUGH CNA SURETY APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY' k0KW6TJNG ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE AC DATE Permit Application No. "C Supplemental Information MW�N Site Plan Approval HOME OF PEUCAN ISLAND 1. Site size in acres or square feet: _ 2. Area of impervious surface in square feet: 3. Area of pervious surface in square feet: 4. Attach the following: a,Sixcopies 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.) _ 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. — c. A surface -water drainage facilities plan certified by an engineer or architect registered in the State of Florida. _ d. A land survey with complete legal description prepared and certified by a registered surveyor. e. A traffic impact analysis, if required. _ f. An erosion/sedimentation control plan. g. A copy of the landscape plan to meet the requirements of Article XIV, Tree Protection and Landscaping, or Article XXI Performance Overlay Districts, as stated in the Land Development Code. 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. i. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Permit Application No. 5. The following information is required on all site plans: a. Locate on the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. b. Locate on the site plan and show the dimensions of all curb cuts and driveways, including the number of spaces with their location and dimension, details of off-street parking and loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. _ d. Locate on the site plan and describe the character of landscaped areas and/or 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. _ f. Locate on the site plan and describe the height and general character of perimeter or ornamental walls, fences, landscaping, including berms and other required screening devices, and any other plans for protecting adjacent property owners. . g. Locate on the site plan existing easements and rights-of-way.