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07-18-1984 '-> 0 CITY OF EDGEWATER PLANNING AND ZONING BOARD MEETING JULY 18, 1984 Minutes Chairman Bennington called the regular meeting to order at 7:03 P.M., in the Community Center. ROLL CALL Members present: Messrs. Wheeler, Quaggin, Stewart, Bennington, and Ann Thomas. Mr. Finn and Mr. Chenoweth were excused. Also present: Susan Mista, secretary. APPROVAL OF MINUTES June 6, 1984 - There were not enough members present who attended this meeting to approve same. This item was TABLED to the next meeting. June 11, 1984 - Mr. Stewart made a motion to approve these minutes, secon- ded by Mr. Quaggin. Motion CARRIED 5-0. June 20, 1984 - Mr. Wheeler made a motion to approve these minutes, secon- ded by Mrs. Thomas. Motion CARRIED 5-0. July 10, 1984 - Mr. Quaggin made a motion to approve these minutes, secon- ded by Mrs. Thomas. Motion CARRIED 5-0. SITE PLAN REVIEWS SP-8437 - Earl Wallace for Miss Peggy's Day Care Center - Day Care Center - S.W. Corner Ocean Avenue and Old County Road Earl Wallace was present to discuss this site plan. Chairman Bennington asked if there is a letter on file of authorization from the owner that Mr. Wallace is their representative for this site plan. The secretary advised that there is no letter on file. Chairman Bennington stated that he felt these letters should be provided, even though they are not required in the Code, so that no one can come back at a later date and say that they did not authorize someone to represent them. Earl Wallace agreed to furnish a letter to the secretary, authorizing him to represent the owner of this Day Care Center. Mr. Quaggin asked whether or not a sealed set of plans have been furnished, to which Mr. Wallace replied, no, adding that he will bring in a sealed set of plans to the secretary if the Board approves the site plan. It is his contention that a sealed set of plans should not be furnished until final approval is given so that there are not a number of sealed sets of plans on file with possibly changes in the plan needed to be made. He advised he will be happy to furnish the sealed set after he is given approval by the Board. Mr. Quaggin questioned whether or not the City Engineer had made a report on this site plan. The secretary advised that Mr. Ferrara had not furnished a report, he was given the plan over two weeks ago and was advised that a report was needed prior to this meeting. Mr. Wallace explained to the Board members how he has shown on the site plan the way in which the water situation will be handled. He further pointed out he was in complete compliance with all the other Code requirements for this site plan. Chairman Bennington stated that the plans look OK to him, however, they do need the Engineer to check out the stormwater calculations and make a report that same are in compliance with the Code. Mr. Wallace said that the Engineer has had the plan for over two weeks and he understands that Q Q these calculations are needed, however, he does not feel it is fair to the applicants presenting the site plan that they are not allowed to discuss this matter with the City Engineer, thereby being able to work out any problems that may arise and saving time in being able to get approval from the Board. He further said that with site plans under one acre, with swales at six inch depth, there should be no problems. A discussion then ensued concerning the delay in receiving reports from the City Engineer, what, exaotly, does the City want him to review, and if he is supposed to review all site plans that corne before the Board, why is this being required when the Code does not require engineering review under an acre in size. Mrs. Thomas made a motion that final approval be glven to this site plan with the stipulation that an architect's sealed set of plans be furnished, along with a letter from the owner of this Day Care Center that Earl Wallace has authorization to represent them concerning this site plan. Mr. Stewart seconded the motion. Motion CARRIED 5-0. It was the agreement of the Board members that a letter be sent to Council, asking them concerning site plans under a half acre, that are not in the flood zone, when Public Works says drainage is adequate and water retention is adequate, what is the need or requirement of having the City Engineer review same, when the Ordinance does not require for review by the City Engineer for projects under an acre in size. Mr. Opal, a member of the audience, said that he talked with the City Attorney the other day and was told that several plans that have been given final approval by the Board with stipulations are being given building permits without complying with the stipulations imposed on the issuance of the permits. He further stated that nothing is being done to make these people comply with these stipulations. SP-8440 - Luis Geil for Southeast Bank - Bank - 1813 S. Ridgewood Avenue. Luis Geil was present to discuss this sketch plan. Chairman Bennington advised that in updating the parking Ordinance, three parking spaces per teller are required. Mr. Geil stated there will be five tellers and he has indicated on the plans 18 parking spaces. He further advised that the building will be 1900 square feet in size. Chair- man Bennington said he counted 27 parking spaces. There is no problem with a buffer in the back, this property is zoned B3 also. The setbacks are OK, landscaping is OK. Chairman Bennington stated he would like to see a turn lane corning north. The DOT advised three years ago that it was not needed, however, Chairman Bennington argued that this is a very congested area and he would like to have the DOT review this again. Mr. Geil advised that he would call the office in DeLand and request that they check on this situation again. Mr. Wheeler made a motion to accept this sketch plan, seconded by Mrs. Thomas. Motion CARRIED 5-0. OLD BUSINESS Review Article II - Definitions. Chairman Bennington suggested that the Board hold a Workshop to discuss the definitions and parking requirements in the Code. He has received the parking requirements from the County, and he asked that each member get a copy of same before the Workshop. The members agreed that the Workshop will be held next Wednesday, July 25, 1984, at 7:00 P.M. They will also discuss satellite dishes at this Workshop. -2- Planning & Zoning Board Meeting July 18, 1984 Q o Review By-Laws concerning quorum and voting. Chairman Bennington stated that under Item H, if 7 people are present, according to how it is written, only 3 people are necessary to decide matters before the Board. Statement G states a quorum is 4 people, if 2 vote yes and 2 vote no, the matter is undecided. A discussion then ensued concerning this matter. It was decided by the Board members that a majority of the quorum was needed for voting. Mr. Wheeler stated that it should be 4 votes needed to pass anything, it should be unanimous - 4 for - 4 against. Chairman Bennington suggested that whatever they decided to do to amend the By-Laws, it should first be sent to the Attorney for approval, prior to sending them to Council. Mr. Quaggin made a motion that the By-Laws be amended to read that a. majority of the quorum is needed for voting procedures. Mrs. Thomas seconded the motion. Motion CARRIED 4-1. Mr. Wheeler voted NO. Chairman Bennington said that this amendment should be first sent to the City Attorney to verify whether or not this is legal. COMMUNICATIONS Chairman Bennington referred the Board members to the letter from the Industrial Board Chairman, Doris Massey, wherein she stated that their Board will need some time to review the Permitted Uses in the I zones. Concerning the letter from Dennis Fischer, the Building Official, regarding the site plans that the Board asked him to check for compliance with the original site plan, Chairman Bennington read Mr. Fischer's letter into the minutes. In regards to the comment by the Building Official concerning J. C. Carder's Boat Sales, that the owner is in the process of cutting in doors in the front and rear of the structure, Chairman Bennington stated that there was not supposed to be a door in the front and rear, the corner of the structure was to have been removed and the representative of this site plan, Dan Nolan, did in fact opt to remove the corner to meet the setbacks. Chairman Bennington asked that this fact be brought to Mr. Fischer's attention. Regarding BJ's Flowers, Chairman Bennington read the comment from the Building Official that he has not been requested to do a final inspection nor issue a CO on this project and when same is requested he will advise the owner that she is not in compliance with the original site plan. Chairman Bennington questioned what happens if they never request a final inspection and CO. A discussion then ensued concerning how long a person has before the build- ing permit expires and whether or not a structure can be occupied without receiving a CO. The Board members requested that the City Attorney be asked whether or not it is legal for a structure to be occupied without having received a Certificate of Occupancy from the Building Department. A discussion ensued concerning violation of the parking requirements at Casa El Toro and the parking and landscape requirements at Fat Bob's. The secretary advised the Board members that the Building Official just hired David Jones to assist him in these Code violations and some of his inspections. The Board members requested that a letter be sent to Mr. Jones, requesting that he review the site plan submitted by Fat Bob's to see whether or not he is in violation of the original site plan concerning the parking and landscaping requirements. There being no further business to come before the Board, upon motion made by Mr. Wheeler to adjourn, seconded by Mrs. Thomas, the meeting was adjourned at 8:20 P.M. Minutes submitted by: Susan Mista -3- Planning & Zoning Board Meeting July 18, 1984