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HomeMy WebLinkAbout02-04-2021 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES FEBRUARY 4, 2021 Call to Order -- Chairman Reyes called the meeting to order at 6:00 p.r96 II. Pledge of Alleoiance was recited by all. C_ �C 111. Roll Call Present: Mr. Roth Mr. Christino (a) Mr. Simmons Mr. Hughan Mr. Carter Mr. Alvarez Mr. Reyes Ms. Kautenburg (a) Also Present: Ms. Dorri Bosworth, Planning Manager Mr, Manny Anon, Jr., City Attorney Mr, Robert Loring, Planner Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Technical Writer (Zoom) Not present: Mr. Qizilbash (Excused) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Chairman Reyes announced that Mr. Qizilbash is absent this evening, and Mr. Christino will be voting in his place. He stated there are no agenda modifications. V. ADDroval of Minutes -- Regular Meeting of November 19, 2020 Mr. Reyes called for comments/corrections to the Minutes of November 19, 2020. Mr. Christino requested a change to the Minutes. On page 5 under Mr. Christino's remarks concerning the delays at CR-512 and Schumann, he asked if the trains were going to be taken into account. Brian Goode from Kimley-Horn stated "no," it was not a requirement, instead of the "yes" as stated in the Minutes. Mr. Christino stated Mr. Goode said that they do not take into account delays for trains at the City's lights. Mr. Christino also asked at that meeting, in the future in that area he would like the other end of Schumann Drive taken into account for traffic, especially the area down by Pelican Island School. He had brought that up, and he does not see it in the Minutes. He stated it is important that the Commission look fully at the impacts of any future developments in the areas that the Commissioners are looking at. Hearing no other comments/corrections, Mr. Reyes called for a Motion to approve the Minutes. A motion to approve the Minutes with the corrections as set forth above was made by Mr. Hughan, seconded by Mr. Carter, and approved unanimously via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF FEBRUARY 4, 2021 VI. Quasi -Judicial Public Hearina -- Site Plan Modification — Giant Oil, Inc. (Mobil Oil) — 617 U.S. Highway 1 — Proposed demolition and reconstruction of new 4067 SF convenience store with fuel canopy — Commercial Riverfront (CR) Zoning District Mr. Reyes asked the Commissioners if anyone had had any ex parte communication regarding this matter. All indicated they had not. All who were going to speak regarding this matter identified themselves and were duly sworn in by the city attorney. Mr. Reyes then called on the applicant to make their presentation. Mr. Brett Nevaril, Infinity Engineering Group, introduced himself. He represents Giant Oil. He also stated that Mr. Joe Peterson, Construction Manager for Giant Oil, was present in chambers. Mr. Peterson will actually be overseeing the construction of the project. Mr. Nevaril stated the applicant is here tonight for the raze and rebuild of the existing Mobil facility which was built in 1988. It is roughly 972 square feet. It has eight fuel positions on four gas dispensers. It is currently on a septic drain field design. It is connected to potable water. The property is located in the Riverfront Overlay District. Their proposed design does comply with the Overlay District requirements. The applicant has worked extensively with City staff to make sure that what is presented tonight is as close as possible to meeting the LDC requirements. The proposal is for a 4,067 square foot convenience store with twelve fueling positions on six gas dispensers. A sewer lift station is proposed in lieu of the septic drain field. It will connect to the Indian River force main that is actually located within the property, within a 20-foot easement along the western boundary. Two access points are being proposed. Right now the property has two accesses on U.S. Highway 1. The driveway that is closest to the intersection on U.S. 1 will be closed. The one that is located further south will be modified. This permit has gone through DOT review, and the permit is approved. The existing driveway on Sebastian Boulevard will also be modified by decreasing the size of it and increasing the turning radiuses for easier ingress and egress. They are also installing a sidewalk on U.S. Highway 1. A dry retention pond behind the convenience store is being proposed. This pond will incorporate what is called an underdrain system. This system is an approved method by St. John's Water Management District and has been approved for decades. Basically, this underdrain system will provide drawdown for the retention pond. This type of system is designed to make sure that the pond will always stay dry within 72 hours. Presently, there is a good deal of overgrowth in the retention pond. That is because that pond has failed and, because of the seasonal high water table, it is having a hard time getting rid of the water within the pond. This type of underdrain system is very expensive, it is very detail oriented, and it has been reviewed by St. John's, by FDOT, and permits are approved. The city engineer made a comment about annual inspections. The applicant is in agreement, and they can complete annual inspections. This type of system is very PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF FEBRUARY 4, 2021 visual. If vegetation can be seen growing, that indicates the system is not working as designed, and that will be a good indication that it needs to be cleaned. He further stated that they are in agreement with the city engineer's recommendation of an annual inspection by a professional engineer. They propose to build a beautiful facility. The site is a challenging one, and they do need a few waivers: 1. A waiver for the gas canopy. They are asking for a medium fascia height. Standard gas station facias are 36 inches. They are asking for a shorter fascia of 20 inches. 2. Landscape waivers. Along the west property line there is a 20-foot easement that is dedicated for utilities. There are also overhead power lines on U.S. 1. That is also limiting the landscaping because canopy trees cannot be placed underneath the power lines. There is also a large retention pond present, so there is less room to install trees. As can be seen by the landscape plan, it is extensive. Even with the request for waivers, there will be 91 trees, 51 of which will be canopy trees, 40 understory trees, 949 shrubs, and some other miscellaneous plant materials. Visual slides of the drawings were shown. Mr. Nevaril stated that his team has worked extensively with Mr. Loring and City staff, and the applicant thinks that this plan meets the goals of the Overlay District, but they do need a few waivers, which they think are justified. Mr. Reyes called on Staff for their findings and analysis. Mr. Loring reviewed the Staff Report. It is made up of 23 items related to the approval and site plan. This project is the culmination of many months of work by City Staff and Infinity Engineering. Many of the items in the report have already been provided for or they are not applicable. He drew the Commission's attention to No. 19, Additional Considerations, which describes the waivers for which the applicant is asking. Staff recommends approval of the site plan modifications subject to the conditions as noted in the Staff Report. He then asked for questions/comments from the Commissioners. Mr. Roth: (1) Asked if the addition of 2 dual pumps will make a total of 12 pumping stations. Mr. Loring stated that is correct. (2) Asked where the stonnwater structure is located, as he could not find it on the drawings. Mr. Nevaril pointed it out. He clarified that this section of U.S. 1 does not have curb and gutter. It actually goes south to an open ditch. He stated that the applicant's point of discharge is to a structure facing the edge of the pavement. The outfall structure will go in to the DOT, and then they will be installing a new type of curbing. Mr. Roth asked if it is actually going to be part of the curbing. Mr. Nevaril stated yes, they are installing curb and gutter all the way down to where it ends. This has been approved, and all permits are in hand. Mr. Roth asked if any site lines will be jeopardized by the structure that is proposed. Mr. Nevaril stated as you go south there is no curb and gutter; it is just an open swale. (3) Regarding the one bicycle rack for two bicycles planned, he questioned if that will be enough. Mr. Peterson PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF FEBRUARY 4, 2021 stated his company uses those bicycle racks at over 60 of their locations in Florida. He has not received any complaints from customers regarding the racks. (4) Asked what the reason is for the sidewalk closure, which one is it, and how long that closure would last. Mr. Nevaril stated the Sebastian Boulevard sidewalk goes to the railroad tracks. They will be closing that sidewalk while construction of the driveway is going on. Mr. Loring stated City staff typically asks for MOT index 600 details for when a sidewalk is closed. Mr. Nevaril stated they will minimize the closure as much as possible. (5) Asked Mr. Loring regarding the grade that comes down from the parking area down to where the sidewalk is and then finally to the street on U.S. 1. He questioned if that is compatible with what would be expected in an area where there is going to be a lot of potential foot traffic at particular seasons. Mr. Loring stated his department has worked extensively with the engineer. The City has its own requirements, not related to pedestrian traffic, but actually related to emergency vehicle access. The City requires a slope at or below 5%. Staff feels it will be traversable for both pedestrian traffic and for vehicular traffic to access onto and off of the site. Mr. Reyes: (1) Asked if from a point from north to south to the curb and gutter inlet the discharge is into the retention area, and if then: is a structure there now. Mr. Nevaril said yes. Mr. Reyes asked if that is at or about the same location that is proposed. Mr. Nevaril said yes. Ms. Kautenburg: Had no questions. She thanked the applicant for making a vast improvement to that comer. Mr. Simmons: (1) Asked how soon demolition can start. Mr. Nevaril stated that, once the applicant gets approval from this Commission, he can submit requests for building permits. Mr. Carter: (1) Thanked the applicant for investing in the community. (2) He related that the last few plans that have come to the Commission either want a variance or a modification, and that seems to be happening more and more. Having these requirements in place is for a good reason as far as what is expected for this community to look like. Mr. Christino: (1) Looking at the landscape plan, there are no trees on the north side of the driveway on Route 1. They seem to be on the south side, which he is fine with. He is concerned with line of sight. If you are facing the building from Route 1, off to the right there are trees on the landscape plan and canopy trees to the left, which is south. He wants to make sure that people pulling into and out of there have a good line of sight. (2) Mr. Christino asked where the ethanol -free pumps are going to be placed. He stated that when someone has a truck and a trailer behind them, it forces them to stick way out. Mr. Nevaril stated that was one of the issues with the site, as it is so narrow when one is trying to build a modern station. Mr. Christino says he blocks the driveway when he is trying to PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF FEBRUARY 4, 2021 get gas in the back of his boat. Mr. Nevaril stated that is why they proposed the angled islands, which helps the public with longer vehicles get in and out. Mr. Christino suggested that the ethanol -free pump be positioned way off to the right for access to and from CR-512. Mr. Nevaril agreed. Mr. Hughan: (1) Mr. Nevaril said that once a year this system is going to be inspected. Mr. Hughan inquired what the cost is for that engineer, and who pays for that. Mr. Nevaril stated that Giant Oil will pay for it. Mr. Hughan asked how long that is going to go on. Mr. Nevaril stated that the City inspectors can go by the site, and if there is any type of vegetation growing at the bottom of the pond, that will show that the underdrain is not working. It is very visible. Mr. Loring stated that the city engineer has a specific form that they are going to be expecting on or about September 30th of each year certifying that system. If they do not get that form, they will be calling someone to see that the form is turned in. Ms. Bosworth said that as a recommended condition, if it is a condition of site plan approval, there are sections in the Land Development Code that specify that someone has to continually keep the site plan up to date. So this would be a violation of their site plan and also through Code Enforcement getting involved if there were a failing system. (2) Mr. Hughan asked how a hazardous runoff is going to be handled, such as a gasoline spill. Mr. Nevaril stated that is really the whole point of the dry detention pond. It goes in there and filtrates through the ground prior to discharge into the water. Weirs or skimmers are supposed to prevent any type of sediment, solutions, orwaste from going up and over them. Mr. Alvarez: (1) Inquired whether the applicant has considered any electric stations, as electric cars are coming. Mr. Nevaril stated they have talked about that because it is coming. It may come to the point where they just plumb it. He stated he works all over the country, and they are doing that. Mr. Alvarez suggested that would be something to consider. Mr. Peterson interjected that the problem right now is that there are 4 basic types, but there are actually 12 different types of cars. You cannot just pull up with an electric car to any charging station. Mr. Reyes: (1) Regarding inspection of the dry retention area, he understands that the applicant will be taking rare of any remedial efforts to fix it. He asked what happens if the system just fails and it needs to be totally reconstructed. Mr. Nevaril stated that would be their responsibility. (2) As far as the curb and gutter along U.S. 1, he does not understand why they always stop at the structure and not continue it. If you do not curb and gutter it, the runoff is really going to go into the Swale area and that other area. Mr. Nevaril stated that is correct, because it is all sloping in that direction. He stated this is what all the controlling entities told them to do. He stated that the pond right now is in poor condition. The grades range from 5.7 to 6.5. (3) On the west side up against the railroad tracks, Mr. Reyes stated that towards the rear of the property there are sidewalks that come into the building area. Mr. Nevaril stated that is an electrical closet. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF FEBRUARY 4, 2021 Chairman Reyes opened the floor up to anyone in favor of this project who wished to speak. Seeing no one in chambers, he also asked if there was anyone on Zoom who would like to speak. There being no one on Zoom, he opened the floor to anyone in opposition of the project who wished to speak. Seeing no one in chambers, he also asked if there was anyone on Zoom who wished to speak. Hearing no one on Zoom who wished to speak, Chairman Reyes called on staff for their summary. Mr. Loring stated that staff recommends approval of the site plan with the recommendations that are set forth in the staff report and all its attachments. A motion was made to accept the site plan modifications of Lots 1 thru 5 inclusive, Block 6, Edgewater Park, according to the Plat thereof as recorded in Plat Book 1, Page 23, of the Public Records of Indian River County, (see survey for full description), in addition to the four recommendations for conditions that staff recommends was made by Mr. Carter and seconded by Mr. Simmons. Roll Call Mr. Hughan — Yes Mr. Alvarez — Yes Mr. Roth -- Yes Mr. Reyes — Yes Mr. Simmons — Yes Mr. Carter -- Yes Mr. Christino (a) -- Yes Vote was 7-0 in favor. Motion passes. Mr. Christino asked how long the applicant estimates the construction period to last. Mr. Peterson stated approximately five months, weather permitting. At this time, Chairman Reyes closed the quasi-judicial hearing and moved to the next item on the agenda. VII. Unfinished Business — None Vill. Public Input — None IX. New Business -- None X. Commissioner Matters -- Election of Chairperson and Vice -Chairperson Chairman Reyes stated that yearly there is an election of a new Chairperson and Vice - Chairperson, and that is to be done now. He called for nominations. Mr. Roth nominated Mr. Reyes for Chairperson. Mr. Alvarez nominated Mr. Reyes for Chairperson and PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF FEBRUARY 4, 2021 nominated Mr. Roth for Vice -Chairperson. There being no further nominations, Mr. Alvarez accepted his nomination, and Mr. Roth accepted his nomination. The nominees were elected by a unanimous voice vote. Mr. Simmons inquired regarding new projects that are in the offing. Mr. Loring stated that there is a HALO project that is coming in for a building expansion. That will probably happen this year. There is a subdivision, Sebastian Highlands Unit 17 addition. That might come through this year also. Those are the only formal applications that have been received. Mr. Simmons also asked if there is any activity with the old Firehouse Garage. Mr. Loring stated he is not aware of anything. Ms. Bosworth stated that the property had gone up for auction. She is not sure if that sale has gone through. That was a nonconforming use In the Triangle. The City's code says that you can grandfather in for approximately 180 days. That would be coming up in March. If the business does not come back in with another business tax receipt or open up, it would lose its grandfather status and become a nonconforming use. So the vehicular maintenance could not be a permitted use anymore in that building. The building could be used for another type of business, but the vehicular maintenance status would be lost. Mr. Alvarez asked if the new owner could reapply for the grandfather status. Ms. Bosworth stated yes, if they come in within the 180 days. She also stated there were some nonoonfonnides with that site too. They had fenced in the property to the north without formally expanding the business, which they could not do because they are a nonconforming use. So staff hopes that the new owners will reach out to them so staff can help them bring that site into compliance. If there were a change of use, that would be one of the things that staff would require. If they do anything with the property to the north, the City will require some sort of environmental analysis. Mr. Reyes asked about any new City road projects. Mr. Loring stated some work along U.S. 1 is being discussed and some work along 512. The problem right now, and it is a state-wide problem, is that they are unfunded for a lot of the road projects that they would like to execute. Mr. Reyes said there are some projects in the Capital Improvement Budget. He asked if those were not already budgeted for. Ms. Bosworth stated that there have been some roads already resurfaced. She does not know the ones that are scheduled for the next quarter. Staff can get that information for the Commissioners. Mr. Roth asked if there is anything in the works as far as a drones ordinance, controlling the use of drones and where they can be used. Mr. Loring stated that is regulated by the FAA. There are very strict rules about where they operate and the altitudes at which they can operate. Because the Airport is in the middle of Sebastian, he believes there is an exclusionary zone of a few miles in all directions that precludes them from operating at a certain altitude. There are some waivers for drones under a certain size or certain weight. So the small ones are probably exempt. Mr. Reyes added that there have been some new changes to those rules, and a lot of people were grounded. So they are watching. FPL has been doing inspections of their poles in this area with a drone. They have a sub- PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF FEBRUARY 4, 2021 contractor working for them, he believes. Mr. Loring stated the drone operators have to obtain a special certificate in order to be permitted to operate the drones. So if they have a license and are flying within FAA regulations, they can operate them in the City. Mr. Roth stated he has seen people flying them behind his property in Wabasso Park, which is a County park and they fly very fast, and he thinks they are dangerous. Mr. Reyes agreed. The city attorney said there has been no ordinance or resolution passed by Council specifically addressing drones. He suggested that, if someone sees any drones flying over the City, call Scoff Baker at the Airport, and he will get ahold of FAA, because the FAA regulates the drones. He stated the drone situation in the County parks is illegal. He is curious if there is any way the City can adopt some rules. Mr. Christino said he has heard a rumor of a widening of Barber Street. He has had a few questions from people moving into the area, and they are concerned as to whether or not this is going to happen. Ms. Bosworth stated she has not heard of any plan regarding Barber Street being widened. In terms of right-of-way, there is an area where there were some scrub jays. The County purchased that for the future possibly, but nothing that is in the works now that her department is aware of. Mr. Christino requested that if there is any more development down in the Schumann Drive area, the Commission should be requesting a traffic impact analysis for that area over by Pelican Island Elementary School. The City is just concentrating on what goes out to Route 1 right now. So the Commission needs to take a look because that area is being improved, and that is going to be adding traffic. So we need to have a handle on what we have to do as a city, not just the developers. We already have an issue down at CR-510 and 66th. That is a traffic nightmare. Ms. Bosworth stated that with all the subdivisions, as part of the application the City always requires a traffic statement. If it is over 400 trips per day, that is the threshold that then requires a full traffic engineered analysis. Her department did give this Commission at least a summary for Spirit of Sebastian. That is something that her department requires that is reviewed by the City's consulting engineers, and they determine through that analysis if there are any additional turn lanes or widening intersection improvements or traffic timings. Mr. Carter asked if staff could look into the hours of operation of the light that shines on the City sign out front. He stated when the sign was requested, Joe Griffin was in charge. It was supposed to be operating during nighttime hours. He travels by there early in the morning, and it is always off. It used to be on, but now it is no longer on. He thinks we need to have the light on so the people can see the listing for different meetings and other events that are coming up in the City. Mr. Loring said he will get that over to Maintenance and have them look into that. Mr. Reyes had a question with regard to remote control boats. Mr. Reyes stated the City parks have lakes, and they are being used for the remote control boats. There have been more people using these toys. He is curious about a noise ordinance on those. The PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF FEBRUARY 4, 2021 electric ones just make a whining sound that is not too bad. But there is one man who comes out to the lake in front of Mr. Reyes' house. He has approximately 10 different ones. Most are electric, but he has some really loud gas ones that he is running in that lake that in early morning it is very annoying. Ms. Bosworth stated that under the City's nuisance code it alludes to noise, but it would have to be observed by the police or Code Enforcement and then determined to be a nuisance. Mr. Reyes stated his other concern is that it is a fuel operating boat, 2-cycle fuel with an exhaust. He said people are not supposed to put boats in the lakes. He asked if there are any rules in reference to that. He stated he can almost see the sheen in the waterwhen these boats pull up to the shore. He asked the city attorney about any rules that say there are not permitted to be gas boats in those bodies of water. Mr. Anon stated he did not have the answer to that question or whether these lakes are within the City's jurisdiction. He does not think the City has jurisdiction in these lakes to govern the use. Mr. Reyes asked if it is under a water district's jurisdiction. Mr. Anon stated he is not sure. XI. Citv Attomev Matters -- None XII. Staff Matters — None XIII. Adiournment There being no further business, Chairman Reyes adjourned the meeting at 7:11 p.m. Bv: Date: