HomeMy WebLinkAbout04172014PZ MinutesEXCUSED: Mr. Paul
ALSO PRESENT: Dorri Bosworth, Planner
Robert Ginsburg, City Attorney
Linda Lohsl, Recording Secretary
ANNOUNCEMENTS:
Chmn, Dodd announced that Mr. Paul was excused from the meeting and that Mr. McManus
would vote in his place,
APPROVAL OF MINUTES:
MOTION by Roth /Carter to accept the minutes of the March 6, 2014 meeting as written. Motion
was approved unanimously by voice vote.
OLD BUSINESS: None
NEW BUSINESS:
A. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MODIFICATION — CUMBERLAND
FARMS — TOTAL SITE REDEVELOPMENT: DEMOLITION, NEW 4,920 SF BUILDING,
ADDITIONAL GAS PUMPS, RELOCATION OF CANOPY, UNDERGROUND FUEL
TANKS & ACCESS DRIVE — 957 SEBASTIAN BOULEVARD — C -512
(COMMERCIAL -512) ZONING DISTRICT
Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose.
There was none. The applicants /representatives and staff were sworn in by the City Attorney.
Mr. Bruce Barkett, Esq., represented the applicant, and gave a brief history of the site, citing
existing non - conformities with the current code and Overlay District regulations, noting a side
yard encroachment, an access drive too close to the intersection, the canopy front -yard
encroachment, etc. He discussed how the new site plan would address the non - conformities and
meet the current overlay requirements. He noted the civil engineer, Mr. Craig Carden of Core
States, would be arriving shortly, and that the District Manager of Cumberland Farms, Mr. Craig
Williams, was present also.
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Chairman Dodd called the meeting to order at 7:00 P.M.
The pledge of allegiance was said by all.
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ROLL CALL: PRESENT: Mr. Roth Mr. McManus (a)
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Mr. Dodd Mr. Qizilbash
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Ms. Kautenburg (a) Mr. Durr
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Mr. Carter Mr. Reyes
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Ms. Dale Simchick, IRC School Board Liaison
EXCUSED: Mr. Paul
ALSO PRESENT: Dorri Bosworth, Planner
Robert Ginsburg, City Attorney
Linda Lohsl, Recording Secretary
ANNOUNCEMENTS:
Chmn, Dodd announced that Mr. Paul was excused from the meeting and that Mr. McManus
would vote in his place,
APPROVAL OF MINUTES:
MOTION by Roth /Carter to accept the minutes of the March 6, 2014 meeting as written. Motion
was approved unanimously by voice vote.
OLD BUSINESS: None
NEW BUSINESS:
A. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MODIFICATION — CUMBERLAND
FARMS — TOTAL SITE REDEVELOPMENT: DEMOLITION, NEW 4,920 SF BUILDING,
ADDITIONAL GAS PUMPS, RELOCATION OF CANOPY, UNDERGROUND FUEL
TANKS & ACCESS DRIVE — 957 SEBASTIAN BOULEVARD — C -512
(COMMERCIAL -512) ZONING DISTRICT
Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose.
There was none. The applicants /representatives and staff were sworn in by the City Attorney.
Mr. Bruce Barkett, Esq., represented the applicant, and gave a brief history of the site, citing
existing non - conformities with the current code and Overlay District regulations, noting a side
yard encroachment, an access drive too close to the intersection, the canopy front -yard
encroachment, etc. He discussed how the new site plan would address the non - conformities and
meet the current overlay requirements. He noted the civil engineer, Mr. Craig Carden of Core
States, would be arriving shortly, and that the District Manager of Cumberland Farms, Mr. Craig
Williams, was present also.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 17, 2014
Ms. Bosworth gave a staff presentation, expressing that the project was full of details, and that
staff and the applicant worked on completing items and non - compliances from over the years,
such as missing easements and/or abandonments, unity of title, etc. She explained that the
project was re- designed midway thru the review process when the applicant purchased additional
property from the adjacent commercial site to the west (A.R.T. Plaza, 967 Sebastian Boulevard).
Division of Lot and site plan modification applications was submitted for that action. She noted
the stormwater system for the new Cumberland Farms has been designed to handle run -off from
both sites, and 8 parking spaces located on the new CF site, though to be jointly used, will be
credited only towards the A.R.T. Plaza's parking requirements. Ms. Bosworth then discussed the
front setback variance granted by the Board of Adjustment for the new canopy, reviewed items in
the staff report, went over the City's dilemma regarding traffic flow and directing truck traffic onto
Barber Street into the residential district, the Air Tower location, and discussed the recommended
conditions of approval. She stated the City's consulting engineer, Mr. Frank Watanabe, P.E.,
Neel- Schaffer Inc., was present and available for questions.
Mr. Dodd asked if maintenance of the stormwater system was a joint responsibility. He had seen
the notes on the CF site plan regarding a maintenance schedule for the system and asked if the
site plan modification for the ART Plaza had been approved with the same schedule. Ms.
Bosworth stated the joint parking and stormwater agreement had not yet been submitted for
review, and the Plaza site plan approval was conditional on receipt of an executed agreement.
Mr. Barkett acknowledged that a cooperative agreement was in the works. He also stated his
client's preference was to allow the trucks to turn left onto Barber Street to get to the intersection.
Additional suggestions were discussed, such as exiting back onto CR 512, reversing the truck
flow and entering from Barber Street, and using the alleyway.
Mr. Dodd inquired about the necessary abandonment of easement. Ms. Bosworth stated the
application had been submitted.
Mr. Carter thanked Cumberland Farms for investing in the community and improving the corridor
with the new site. He stated his concerns were also the truck traffic turning right into the
residential district and the Air Tower. Mr. Watanabe explained the details and engineering
standards of requiring the Right Turn Only on to Barber Street, and suggested reversing the
proposed truck route to have them enter off of Barber Street instead of CR 512.
Mr. Durr agreed reversing the route seemed to address the dilemma, and safety should be first
concern. He asked if there were any pollution retardant baffles proposed for any of the
stormwater structures. Ms. Bosworth stated they had asked the engineer to add a [stormwater
system) maintenance schedule to the plan. Mr. Durr felt there should also be an oil /gas separator
on the site because of the proposed use and assumed spillage. Mr. Durr also clarified that the
proposed stormwater storage tanks were not the same as an exfiltration system.
Mr. Qizilbash had questions regarding how the parking was calculated using the floor plan and
wanted to know if parking for employees had been considered since service area was not used in
the calculations. Ms. Bosworth reviewed that, per code, the spaces were calculated from the retail
area, which was defined in the code as "area accessible by the public." Also, although credited to
the ART Plaza, there were 8 additional shared spaces available on the CF site. Mr. Qizilbash
had drainage design questions, which the project engineer was not present yet to answer.
Mr. Roth asked if the landscape code had changed, and a discussion ensued with Ms. Bosworth
regarding the proposed landscape plan. Mr. Roth had further questions regarding the rear
dumpster area, the Air Tower, parking spaces over the underground tanks, and staff
recommendations being very appropriate.
Mr. McManus voiced his concerns regarding the "right turn only" proposal for the exit onto Barber
Street and felt it handicapped the site tremendously.
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PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 17, 2014
Mr. Reyes asked if the proposed stormwater system needed vents, as shown on the product
details. Mr. Watanabe stated no, it was a contained system, but that annual maintenance and a
cleaning program was a must for the system to function properly. Some systems do have oil/gas
separators, but as proposed, the system did meet all DEP requirements. Mr. Reyes had further
questions regarding a skimmer in a control structure draining into the rear swale, and the
Commission discussed pollution retardant principles with Mr. Watanabe. Mr. Reyes also stated
his concerns with the proposed paving and grading at the CR 512 entrance with regards to the
flow of the drainage water and lack of drainage structures. He felt the grading high points should
be raised, and had doubts about the type of system being used. Mr. Dodd suggested staff meet
with the project engineer to discuss the oil/gas separator issue. Mr. Reyes had further questions
regarding the rear swale area near the new dumpster pad and a possible ponding issue. Mr.
Watanabe stated the best fix was to re -grade that area [vs. piping].
Ms. Kautenburg stated she was looking forward to the improvement of the area.
Ms. Simchick stated she was glad the Commissioners were discussing the traffic concerns with
the new site because of its proximity to the Barber Street Sports Complex.
Mr. Roth stated he commended the lighting plan for not filtering into the neighboring residential
area.
Chmn. Dodd opened the hearing for Public Input at 7:53 pm. No one spoke in favor, or in
opposition, of the application.
Chmn. Dodd discussed the truck traffic issue with staff and the city attorney as to what kind of
statement the Commission could make, since they understood the city needed to adhere to
standard engineering practices, but noted everyone did not want the trucks in the residential
district. After discussion, the Commission agreed their responsibility was to public safety, and
they would request the applicant to review and revise the truck route plan. Suggestions were
discussed by the Commissioners — using the alleyway, restricting trucks only, specific times for
truck deliveries, etc. Ms. Bosworth stated the project engineer had relayed that reversing the
truck route would not be viable because of the hose location on the gas delivery trucks.
Chmn. Dodd reviewed the other issues discussed — parking calculation concerns [resolved
through the submission of the required parking agreement], drainage issues by the CR 512
access [the project engineer to review], and necessity of an oil/gas separator near fuel tanks and
additional baffle boxes.
The project engineer, Mr. Carden, had still not arrived, and Mr. Barkett requested the
Commission let him review their concerns with him.
MOTION by DurrlCarter "to approve with the conditions 1) review of the drainage design by CR
512 to insure drainage is being controlled as best as possible, 2) consideration of pollution
retardant baffles and an oil /water separator, 3) an alternative truck route, and 4) including staff
recommendations."
Mr. Ginsburg paraphrased the motion to "include the staff conditions plus further consideration of
these specific issues to the satisfaction of staff." Mr. DurrlCarter concurred. Ms. Bosworth asked
to add a condition that the Air Tower be relocated. Mr. Durr /Carter concurred.
ROLL CALL: Mr. Durr
yes Mr. Qizilbash yes
Mr. Roth
yes Mr. Dodd yes
Mr. McManus
yes Mr. Reyes yes
Mr. Carter
yes
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PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF APRIL 17, 2014
The vote was 7 -0. Motion carried.
CHAIRMAN MATTERS:
Chmn. Dodd congratulated Mr. Griffin on his appointment as City Manager.
MEMBERS MATTERS:
Mr. Carter inquired about his previous request to light the sign in front of City Hall. Ms. Bosworth
stated she would get the answer.
Mr. Durr thanked staff for the complete review and staff report of the project.
Mr. Roth also thanked staff for the long hours invested in the project and putting all the pieces
together.
Mr. Reyes asked who maintained CR 512 and noted it had not been mowed lately [Indian River
County], mentioned an area of Indian River Drive that was very dark at night near Capt. Hirams,
and inquired about the construction activity along CR 512. Ms. Bosworth stated Florida City Gas
was extending gas lines to US Hwy #1 and Indian River Drive then north to the Sebastian River
Medical Center.
DIRECTOR MATTERS:
Ms. Bosworth informed the Commission a new Environmental Specialist had been hired, Ms.
Cindy Watson.
ATTORNEY MATTERS:
Mr. Ginsburg stated that he also felt Mr. Griffin was an excellent choice for City Manager, and that
staff had done a great job on this project. He praised the Commission for their ability to review
and read the plans and professionally discuss the difficult issues.
Chairman Dodd adjourned the meeting at 8:18 p.m. (db)
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