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HomeMy WebLinkAbout10/18/20021225 Main Street [] 8ebastian~ Florida 32958 Telephone {772) 589-5330 [] Fax {772} 589-5570 City Council Information Letter October '18, 2002 Permit Procurement Efforts for Floatin,q Boat Dock Project As reported a few weeks ago, arrangements have been formally initiated to request modification of our existing permits to construct two piers at the former Good Guys, Inc. property - one (north) for fishing and pedestrian use, the second (south) to accommodate 18 boat slips. This request is necessary to secure permission from both the Florida Department of Environmental Protection and the United States Army Corp of Engineers to implement the project, consistent with engineering design criteria as presented by officials from Kimley-Horn and directed during your June 26th workshop, including the ability to incorporate floating dockage. In an effort to keep you abreast of the progress of our efforts in this regard, I am providing each of you with copies of the formal written requests as delivered to both aforementioned regulatory agencies. As no issues appear to exist that would adversely impact these proposed activities, I anticipate full support and cooperation from both organizations. A formal response to our request for amendment will be delivered in early November. Afterwards, a formal bid process will be initiated to solicit construction services from a qualified contractor, to complete work sometime during the first half of 2003. Countywide Broadcasts of Sebastian City Council Meetings In response to Councilman Ed Majcher's suggestion to have prerecorded Sebastian City Council meetings aired countywide, please be advised that I have been in contact with representatives from both AT& T Broadband and Indian River County Telecommunications Office regarding such prospect. According to Southeast Division Installation Manager Larry Johnson, AT & T has granted its endorsement of the program, resulting in arrangements having to be made with Indian River County to utilize their system for respective broadcast. As such, a discussion ensued with Indian River City Council Information Letter October 18, 2002 Page 2 County Telecommunications Director Terry Smith relative to this proposed arrangement. According to Mr. Smith, formal permission from the City of Vero Beach and possibly Indian River County would likely have to be granted to televise Sebastian City Council meetings due to provisions contained in an existing agreement between both entities involving government channels administered by both agencies (essentially, permission of use involving air time to accommodate two broadcasts monthly). I therefore anticipate learning of a response to our request in this regard within the next couple of weeks or so. Mr. Smith did not think that Indian River County would have a problem with this arrangement. But of course, he is unable to speak on behalf of the City of Vero Beach regarding this matter. Canopy Attachment Points - Trees Alon.q Indian River Drive In an effort to address concerns raised during last week's Board of Adjustment meeting relative to canopy attachment points to supporting palm trees planted by Captain Hiram's along Indian River Drive, please find the attached electronic mail message as compiled and delivered by Director of Growth Management Tracy Hass relative to this issue. Earlier this year, the Board of Adjustment (the City Council first official meeting serving as the community's Board of Adjustment) authorized both Captain Hiram's and Capp Custom Builders to install additional canopy, conditional upon the applicant not attaching supporting cables using standard cleats, or other potentially harmful hardware. Unfortunately, standard cleat supporting cables were in fact attached, therefore violating the aforementioned condition. In response to this infraction, officials from the Department of Growth Management recently contacted both Tom Collins and Mickey Capp to direct an alternative method of attaching supporting cables to the palm trees. They agreed to commence with a design to govern an alternative method of support. Drawings depicting proposed alternative supporting method(s) would therefore be submitted to the Building Department very soon, with the requirement that a licensed engineer certify attachment points as structurally sound. Sound Moon Under Infrastructure Enhancement Issues As a follow up to the discussion initiated by Balboa Street resident Baxter Coston during last week's City Council meeting relative to various inconveniences caused as a result of private infrastructure work currently City Council Information Letter October 18, 2002 Page 3 underway to benefit the South Moon Under subdivision, please be advised that staff from the Department of Public Works has been working with officials from the respective association to expedite the City of Sebastian's contribution to the project, a temporary culvert pipe installation program to accommodate egress and ingress access accordingly. A more specific concern as communicated during the aforementioned meeting is the excess accumulation of trash in receptacles positioned adjacent to the complex after improvements were initiated in the area. In response to actions recently taken by the Code Enforcement Division and the City Manager's Office, association president and vice president Dan Duffell and Howard Masters were formally notified about applicable code violations and there responsibilities to correct them. As a result, many of the issues raised last week now appear to be nonexistent. However, permanent positioning of South Moon Under's trash receptacles will not be made until after completion of installation of the private culvert pipe, anticipated to be completed within the next couple of weeks so. Enclosure(s): E-mail message from Tracy Hass - Captain Hiram's Tree Canopy Attachment Points Packet from Kimley-Horn-Permit Modification Request for Indian River Pier Project My Docu ments/InfoLetter152 Terrance Moore From: Sent: To: Subject: Tracy Hass Thursday, October 17, 2002 10:31 AM Terrance Moore Captain Hiram's Terrence, The following is in response to issues raised by the Board of Adjustment dudng their meeting held on October 9, 2002 concerning Captain Hiram's canopy attachment points to the supporting palm trees. As was stipulated by the BOA, installation of the aforementioned canopy was conditional upon the applicant not attaching the supporting cables to the palm trees with cleats, or other potentially harmful hardware. Unfortunately, the applicant attached the supporting cables to the palm trees using standard cleats, therefore violating a condition of the BOA variance approval. In response, Jan King contacted both Tom Collins, Captain Hiram's Inc., and Mickey Capp of Capp Custom Builders, and e~plained the need for them to devise an altemativa method of attaching the supporting cables to the palm trees. They have reportedly commenced with designing an alternative method, and will be submitting drawings to the Building Department shortly. Additionally, George Bonacci has requested that the attachment points be certified as structurally sound byan engineer. I'll keep you posted. Tracy Kimley-Horn and Associates, Inc. Transmittal Date: October 14, 2002 To: Received '%'.. ,_ .lob. No: 041046000 Riverview Piers Mr. Terrance Moore, City Manager City of Sebastian Suite 400 601 21 st Street Vero Beach, Florida 32960 TEL 772/562-7981 FAX 772/562-9689 1225 Main Street Sebastian, FL 32958 (772) 589-5490 Hand Delivered We are sending you [] Attached [] Shop Drawings [] Other: ~] Under separate cover ,,'ia [] Prints/Plans [] Samples [] Specifications the following.itmm: [] Change Coptes Date No Description I 1 ACOE Permit Modification Package These are transmitted as checked below: ] For your use ] As requested ] For review and comment ] Approved as submitted ] Approved as noted ] Resubmit [] Copies for approval [] Submit [] Copies for distribution [] Returned for corrections [] Return [] Corrected prints Remarks Terrance, Attached is the ACOE Permit Modification Package for the Riverview Piers Project. Should you have any questions or wish to discuss, please call me at (772) 794-4058. Engineermg Plann~g and Environmental Consultan~ Copy to .Signed Jefl~llis, P.E. Kimle¥-Horn and Associates, Inc. October 9, 2002 Florida Department of Environmental Protection Atto: Kellie Boston 3319 Maguire Boulevard Suite 232 Orlando, FL 32803 Re: Riverview Piers (fica Good Guys Marina) Suge320 2400 S.E. Federal Highway S~uart, Flodda 34994 Dear Ms. Boston: Attached is a letter modification package submitted to the Army Corps of Engineers today for the above referenced project. Should you have any questions please do not hesitate to contact me. S:~41~41046 Seb Marina\CORRESP~FDEP 100902 am.doc TEL ~1 986 2190 FAX ~1 286 0138 Kimley-Horn and Associates, Inc. October 9, 2002 U.S. Army Corps of Engineers Merrit Island Regulatory Office Attn: Sharon Tyson 2460 Courmey Parkway Suite 216 Merrit Island, FL 32953 Re: Riverview Piers (fka Good Guys Marina) Letter Modification Request USACOE Permit No. 199704988 (IP-IS) Dear Ms. Tyson: The City of Sebastian (applicant) is requesting a modification to the above referenced permit. The permittee is proposing to construct two piers, at the same locations as previously perrmtted, with minor changes as indicated in the plans included in AppencF~x A. · The design is generally consistent with the approved permits, the most significant change is in the proposed use. The facility was permitted as a private commercial manna, this is being modified to a pubic recreational pier amenity for a public park. · The change in width is necessary to comply with the Florida Building Code for Accessibility. · The proposed modification will reduce the number of boat slips from 64 permanent slips to 18 temporary slips. · The north pier shall be for fishing and pedestrian use only, whereas the south pier shall be for the temporary mooring of small boats and shall contain a canoe launch. No fishing shall be permitted from the south pier. · A fish cleaning station at the end of each pier will be provided. · Utilities should consist of water at the fish cleaning station and electrical for lights along the main access piers. A public interest statement is included in Appendix B for your consideration. · Sui[e 320 2400 S.E, Federal Highway Stuari, Flodda 34994 A Submerged Aquatic Vegetation (SAV) survey was performed in the area. Johnson seagrass (Halophitajohnsonii) was not observed within the parcel boundaries. A Natural Resource Technical Memorandum is included as Appendix C. TEL 561 286 2190 FAX 561 286 0138 October 9, 2002, Page 2 Kimley-Horn and Associates, Inc. On behalf of the City of Sebastian, we appreciate your prompt assistance with this proposed modification. We would like to meet with you to discuss the modification further if necessary. Should you have any questions please do not hesitate to contact me. Very truly yours, KIMLEY-HORN 2~rD A~SOCIATES, INC. Mike E. Kiefer, Jr. Vice President Cc: Kelly Boston, FDEP S:\041\041046 Seb Marina\CORRESP\CEB Letter Mod Sebastian piers 091902.doc EXHIBIT B Public Interest Statement City of Sebastian's Riverview Piers Background The existing permits which have been issued for the subject property authorized the construction of 2-4 foot wide commercial piers for the mooting of 64 boat slips. The facility was permitting as a private cormnercial marina. (The Good Guys Marina, COE #199704988 IP-IS, DEP #31- 125751-001) The permits author/zed the following conditions: Structure over water: 6,424 square feet Preempted area and shading over submerged land: 18,180 square feet Boat slips: 64powerboats (permanent mooring) Proposed Modification The City of Sebastian has purchased property and proposes to modify the permitted facility from a commercial marina land use to public recreational piers for park use. After much planning and consideration, the City desires to provide this recreational amenity to its citizens to compliment other park improvements along the waterfront. The piers will continue to extend out into the river as previously proposed, however with the following modifications: The two piers will be 6 feet w/de instead of 4 feet to comply with the Florida Building Code reqtfn:ements for Accessibility. Additionally, the fixed piers will ramp do~vn to a floating pier section beyond the dense seagrass, which is explained below. The north pier will be for recreational fishing only and handrails will be installed accordingly. The south pier will provide for the temporary mooting of small boats as an amenity to the park and downtown area. Additionally, a canoe/kayak launching platform will be provided on the south pier as well to rdmimize potential impacts to seagrass in the nearshore area. The proposed modification will result in the following conditions: Structure over water: 7,564 square feet (an 18% increase from what was previously permitted) Preempted area and shading over submerged land: 10,564 square feet (42% reduction) Boat slips: 18 power boats (temporary mooring) (72% reduction) The floating pier sections will perform two functions. They will allow easier access for the patrons of the facility to access small boats, and they will perform as a wave break to provide calmer water for the smaller vessels that will use the facility on a temporary basis. In preparation for this modification a seagrass survey was conducted to update the condition of S:\041\041046 Seb Marina\CORRESP~vlEK02 Sebastian.doc the bottom and to determine the extent of potential impacts to seagrass. A summary of our findings is attached. No significant changes in the aerial extent ofseagrass coverage appear to have occurred since the previous permits were issued. No Johnsons Seagrass was observed in the project area. In addition, manatee awareness signs will be employed on the piers as previously required. The previous permitted activities were found to be in the public interest, and the proposed modification is also in Public Interest as it is a further reduction of the project impacts. All of the following public interest factors have been considered relevant to the proposed modification: (1) (2) (3) (5) (6) (7) (8) (9) (10) (ll) (12) (13) (14) (15) Conservation: There is a net reduction in the project impacts. Economics: There is no significant effect on economic conditions which will result from the project. Aesthetics: There will be no significant effect on aesthetics from what was previously permitted. General environmental concerns: The proposed modification will result in less impacts, and the passive nature of the anticipated use will be more beneficial to the environment. Wetlands: There will be no significant change on wetland impacts. Historic and cultural resources: There will be no significant change to historical and cultural resources. Fish and wildlife values: There will be relatively significant reduction in the number of boats which will be moored at the facility. The anticipated use will likely generate less boat traffic in the area than what was previously permitted. Flood hazards: There will be no significant change relative to flood hazards. Floodplain Values: The removal of the manna business out of the floodplain and replacing the use as a public recreational park, could be considered a relatively significant beneficial change relative to Floodplain values. Land use: The modification of the land use from a private enterprise, commercial marina to a publicly owned and operated recreational park facility is a relatively significant beneficial change. Navigation: The proposed modification will not result in a significant change relative to impacts to navigation. However, the floating structure will provide a slightly calmer area to moor small boats and for egress and ingress. Shore erosion and accretion: The proposed modification will not have a significant change on shoreline erosion or accreation. Recreation: The proposed modification will provide a relatively significant benefit to the area relative to the City's needs. Water Supply: No effect/no change. Water Quality: The proposed modification will not result in a significant change relative to water quality. S:\041\041046 Seb Mafina\CORRESPhMEK02 Sebastian.doc (16) (17) (18) (19) (20) Energy needs: The proposed modification will cause a net reduction in energy needs since the facility will transform fi.om a commercial marina to a passive park feature. Safety: The proposed modification will not result in a significant change relative to safety. Food and fiber production: No effect/no change Mineral needs: No effecff no change Considerations of property ownership: No significant change. S:\041\041046 Seb Marina\CORRESPhMEK02 Sebastian.doc "EXHIBIT C" Natural Resource Technical Memorandum Memorandum To: Mike Kiefer and JeffMullis From: Craig E Browning Date: 8/22/02 Subject: Riverview Recreational Piers, Marine Resource Survey The following memorandum summarizes the results of our field reconnaissance conducted on August 21, 2002 at the above referenced site. The purpose of our investigation was to qualitatively identify potential construction constraints relative to an assessment of the marine resources. KI-IA conducted six transects by snorkeling on both the north and south side of the existing pier. The transects extended approximately 450 feet from the shoreline. The substrate was silty to mucky from the shoreline out to 30 feet east of the shoreline. It then became sandy with shell fragments from 30 to 450 feet from the shoreline. KHA biologists identified three types of submerged aquatic vegetation (SAV) in the survey area. A dense band of Manatee Grass (Syringodiumfiliforme), occurred approximately 10' to 35' from the shoreline. Ninety (90) to ninety-five (95) percent of the remaining area consisted of a relatively dense (90% coverage) bed of Shoal Grass (Halodule wrightii) out to approximately 260 feet beyond the shoreline. From approximately 260-300 feet east of shoreline, the density decreased significantly until only sparse coverage was observed. Star Grass (Halophila engelmanniO, as well as various floating macro algae species was also observed during the survey. A single strand of star grass with five erect stalks was observed at approximately 200 ft. east of the shoreline. No Johnson's Seagrass (Halophila JohnsoniO was observed in the survey area. Cc: Lynn Kiefer S:\047\047315003 Seb Madna\CORRESP\CEB SAV survey memo 082002.doc S:~041\041046 Seb MmSna\CORRESPhMEK02 Sebastian.doc