Minutes from the June 11, 2019 meeting

Future Land Use Amendment - Fort Pierce Self Storage - (Parcel ID: 2415-312-0001-010-8)

Mr. Gilmore gave an overview of the application and answered a question from the Board on the type of surrounding properties. No one spoke for or against the application.

1st Draft of Comprehensive Plan Evaluation & Appraisal Review (EAR)

Mr. Creagan gave an overview of the Comprehensive Plan Evaluation & Appraisal Review (EAR) and answered questions from the Board.

Chris Dougherty, SM&E Consultant, provided highlights of the proposed changes to the EAR.

Ms. Guerra explained that the next step is bringing the land development code into compliance based on the changes in the EAR.

Text Amendment to Chapter 22 - Zoning - Article III - Basic Zoning Districts - Sec. 22-22 - Allowed Uses

Mr. Gilmore gave an overview of the text amendment.  No one spoke for or against the text amendment.

Rezoning - Fort Pierce Aggregate Facility - 2432-123-0001-000-8

This item was moved to 7e.

Chairman Creyaufmiller asked Mr. Sweeney for a recommendation of whether the Board should honor a request for a postponement based on a letter representing the, River Oaks at Ten Mile Creek Homeowners Association, that was received at the beginning of the meeting from Attorney Harold Melville.

Mr. Sweeney stated the ordinance states that the absolute discretion resides with the Board. Mr. Sweeney suggested the Chair ask the applicant and homeowners association representatives to state their position regarding the postponement.

John Cherveny, Developer and President of River Oaks at Ten Mile Creek Homeowners Association, stated the reason the hearing should be delayed is that the community deserves due process, and they deserve to be represented by a professional and their lawyer could not attend the meeting.

Dennis Corrick, representative from Dean Meade Law Firm, stated the application was submitted in November 2018, the community meeting with the HOA was in February 2019 and the applicant has not heard directly from Mr. Melville.  Mr. Corrick said the project has changed tremendously since the community meeting.  Mr. Corrick asked the Board to continue with the hearing so the applicant can show the accommodations that were made to both the school board and the community.

Chairman Creyaufmiller suggested that the Board hear the case since they are not the final decision maker.  The remainder of the Board stated the HOA should be properly represented before hearing the case.

Rezoning - Fort Pierce Self Storage - (Parcel ID: 2415-312-0001-010-8)

Mr. Gilmore gave an overview of the application.  Board discussion ensued on incorporating alternative LED lighting, buffering and sound deadening into the site plan due to the residents that back up to the business.

Site Plan and Design Review - Second Street Station - 100 Avenue A (Marina Way)

Mr. Gilmore explained that the Planning Board reviewed the application on March 13, 2018 and forwarded a recommendation of approval to the City Commission with four conditions. Mr. Gilmore said that City Commission approved the Site Plan and Design Review application with four conditions on May 7, 2018 and the approved Site Plan expired. Mr. Gilmore stated that per the direction of the City Manager's office, the applicant is requesting an extension of the approved Site Plan and Design Review application with the four conditions.

Mr. Gilmore gave a brief overview of the application and answered questions from the Board.  No one spoke for or against the application.

Major Amendment to Planned Development - Cumberland Farms - 835 Seaway Drive

This item was moved to 7f.

Mr. Creagan gave an overview of the application and answered questions from the Board regarding the history of the property, landscape plan, AC screening, dumpster location, delivery and dry retention area.

Mel Scott, Atkins, applicant representative, explained to the Board on that all materials being delivered come through the front door and the landscaping materials will be 100% opacity at street level and as the landscaping gets higher, they do not want it blocking the water or the security cameras. Mr. Scott stated the existing Cumberland Farms will close. Mr. Scott said they are asking for the fueling amenity to being shifted 1,000 feet and they are asking for an additional 1,650 feet for the new model convenience store.

Jeff Lucas, Atkins, Engineer of Record, showed pictures of the landscaping and answered questions from the Board on the AC screening, canopy construction and the proximity to Harbour Isle of the proposed facility compared to the existing facility.

Shaun MacKenzie, Traffic Engineer from McKenzie Engineering, stated their findings show the roadway network operated acceptably and the estimated number of daily trips to the proposed Cumberland Farms is 3,361.  Mr. MacKenzie said the number of fueling stations is staying the same.

Chairman Creyaufmiller expressed concerns with the old Cumberland Farms building possibly sitting vacant due to the way the site is laid out on the property, and he also expressed concerns with the traffic flow in and out, in proximity to the traffic circle at Harbour Isle.

Paul Hanna, site owner and builder of adjacent site, stated that his company builds quality projects and the demand on the island has been sensational. Mr. Hanna said he thinks a vacated Cumberland Farms that is fixed up and spruced up will go very well.

Max Forgey, Planner, retained by South Hutchinson Island Preservation Group (SHIP), specifically by residences of building 37, explained the impact the changed use is going to have on the adjacent properties.  Mr. Forgey said the residences will be exposed to a 24-hour operation, 365 days a year with heavy fuel, traffic, noise, drinking and anti-social behavior, compared to other commercial uses.

Annette Rudd, Harbour Isle resident, stated the timing is advantageous because many of the Harbour Isle residences are at their northern summer homes.  Ms. Rudd stated the residences in building 3 bought their condo knowing there was a Cumberland Farms.  Ms. Rudd said she was told there would be a 1-story retail building on the vacant parcels.  Ms. Rudd said the police department receives 49 calls a year from the current Cumberland Farms, and she is concerned with her health and safety and quality of life.

Anne Marie Bode, Harbour Isle resident, addressed her concerns with fuel leaks from the underground tanks and declining property values.

Jules Steiner, Harbour Isle resident, played a video that showed the perspective of traffic and how Cumberland Farms will impede vehicular traffic.  Mr. Steiner said the traffic counts are staggering.  Mr. Steiner expressed concerns with the location of the fire station and emergency vehicles getting to the hospital due to traffic bottlenecks.

Keith Madsen, Harbour Isle resident, stated that cars increase their speed after coming off the traffic circle.  Mr. Madsen expressed concerns with the tremendous customer flow and large vehicles that the hypermarts attract because of having diesel, gas and ethanol free gas.  Mr. Madsen also expressed concerns with the traffic, due to all shops and Cumberland Farms using one driveway, and gas run off going into the stormwater pond located in the center of Harbour Isle.

Paul Mist, Harbour Isle resident, spoke about the dangers of diesel exhaust and stated putting carcinogens in your back yard is not a good idea because you cannot avoid spending time away from the exhaust or increase the distance from the exhaust.

Doreen Mist, Harbour Isle resident, speaking for Robert Malatesta, said that his property would not be eligible for FHA Insurance or FHA loans due to the gas tank hazards.  Mr. Malatesta has life safety and property concerns and Ms. Mist stated that the pond in Harbour Isle drains into the Indian River lagoon.

Nancy Stiglbauer, Harbour Isle resident, expressed her concern with the high traffic area.

Tracy Newman, Harbour Isle resident, has concerns that the pond is 10 feet from her front door.  Ns. Newman collected and analyzed data from a survey that was mailed to 250 residents.  Ms Newman stated that 159 surveys were received back and 89% of the residents are not in favor of the Cumberland Farms.

Mr. Scott, applicant representative, stated that the Cumberland Farms new design exceeds expectations, and is a state-of-the-art facility with new dispensing facilities. Mr. Scott also explained that the outfalls were provided by the master stormwater plan by South Florida Water Management.

William Baird, expert on underground storage tanks, stated he has cleaned up and designed underground storage tanks since 1968, and he is considered an expert with the Department of Defense and the EPA. Mr. Baird said what is proposed is clearly state of the art and by far the safest storage that is available in the United States today and the reason it exists is that it cost the oil companies a half a million up to two million dollars to clean up the leaking storage tank.  Mr. Baird provided details on the surface stormwater treatment.  Mr. Baird said that Cumberland Farms will have 3 storm scepters and the smallest storm scepter will recover 89 gallons of gasoline or diesel fuel so the idea that gasoline will flow into a pond is not going to happen and there is only a gallon or two that is spilled a day by today's operation. Mr. Baird explained in detailed how water intrusion and storm surge cannot damage the underground tanks.

Ms. Guerra stated the fueling code section talks about the general requirements and the planning department has reviewed the proposed request consistent with that section.

Waiver of Distance - Ando Ramos Restaurant - 850 South 21st Street

This items was moved to 7e.

Ms. Lewicka gave an overview of the Waiver of Distance and answered questions from the Board on parking spaces, alcohol license type, and lighting.

Chairman Creyaufmiller suggested that the text be changed on the ordinance regarding alcoholic beverages, because it is almost impossible for anyone to open a business that serves alcohol, without having a Waiver of Distance. 

Mr. Sanders stated zoning codes need to recognize that times have changed.