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08-01-1984 I - o o CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING AUGUST 1, 1984 Minutes Chairman Bennington called the regular meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Members present: Messrs. Wheeler, Chenoweth, Finn, Quaggin and Bennington. Mrs. Thomas was absent. Mr. Stewart has resigned from the Board. Also present: Susan Mista, secretary, a member of the press & City Engineer Ferrara APPROVAL OF MINUTES Mr. Chenoweth made a motion to approve the minutes of the June 6, 1984, meeting, seconded by Mr. Finn. Motion CARRIED 5-0. Mr. Wheeler made a motion to approve the minutes of the July 18, 1984, meeting, seconded by Mr. Quaggin. Motion CARRIED 5-0. SITE PLAN REVIEWS SP-8440 - Luis Geil for Southeast Bank - 1813 South Ridgewood. Luis Geil was present to discuss this site plan. Chairman Bennington asked the secretary if the Building Official commented on this site plan, to which she replied that he had and he OK'd the plan as sub- mitted. Mr. Chenoweth asked what would be done with the temporary build- ing that presently sits on the property. Mr. Geil advised that it would be taken out. Mr. Wheeler said he could see nothing wrong with the plans, Mr. Chenoweth agreed. Chairman Bennington noted that the engineer OK'd the plans. Chairman Bennington advised that they needed a sealed archit- ects set of plans. Mr. Geil said that he provided same to the Building Official and one to the Planning Department. The secretary confirmed that she had a set in her file. Chairman Bennington said he would like to see a decelleration lane put in at that intersection. Mr. Geil advised that he would contact DOT and see what he could do regarding that matter. Three years ago the DOT checked this situation and refused to put one in, stating it was too close to the corner. However, Mr. Geil said he would work on this and see if he could corne up with something to take care of the traffic that exists in this area. Mr. Chenoweth made a motion that preliminary and fi~al approval be given this site plan. Mr. Wheeler seconded the motion. Motion CARRIED 5-0. SP-844l - William Riggle - Duplex - 1900 Block on Fern Paim Drive. Mr. Riggle and Earl Wallace were both present to represent this site plan. Chairman Bennington asked Mr. Riggle if he had, gone before the Board of Adjustments for the variance. Mr. Riggle advised that he is scheduled on the Board of Adjustments meeting for August 9th. Chairman Bennington said that after reading the Code, he is not sure he cannot use the ease- ment as part of the setback. Mr. Riggle said the setback was not the problem, the area is supposed to be 8,250 square feet and he only has 8,000 square feet. Chairman Bennington referred to the letter provided by the City Attorney, wherein he stated that this is a classic case and there is no reason why the variance should not be granted. A discussion then ensured concerning whether or not Mr. Riggle does, in fact, own the 125'. Mr. Riggle stated that the survey says 80 by 100, except the 25'. Chairman Bennington said that is why a variance is needed because he does not own the 25'. The City Engineer, Mr. Ferrara, quest- ioned whether or not Mr. Riggle owned the 25', saying that a lot of surveyors have a tendency to just cut out a piece of property when it is being used as a canal. Mr. Riggle noted that the legal description states except the easterly 25'. Mr. Ferrara said that he probably owns the 25', that it should have been included in the legal description as an easement. , o o Mr. Ferrara explained that he has not provided a letter on this plan becaus e he was Ilnot given the s tormwa ter management calculations. He said that from the drawing, it seems reasonable and looks like it will work, however, he does not have the calculations to evaluate it. Mr. Ferrara questioned the lot on the other side of the canal. Chairman Bennington said they were 125'. Mr. Riggle said there is land there. Chairman Bennington and Mr. Ferrara both agreed that this 25' is his pro- perty. Mr. Ferrara said it was strange that this property was divorced from this lot and left off the legal description. Mr. Ferrara reiterated that he had not done stormwater calculations on this site plan. He said the big question is if you do calculations on this type of project. In his opinion, it is a duplex where one side will be rented, therefore, it is a commercial operation and stormwater should be done on it. If it was a total residential, no stormwater management studies are done on residentially owned property. If these duplexes are classified as residences, you do not do stormwater on them. If they are classified as commercial, and you are renting one side, that is classified as a commercial operation, then you have to do stormwater on them. That is the way he looks at them. Chairman Bennington said that the site plan Ordinance calls for these calculations on anything over an acre and calls for nothing under an acre. In the past, the Building Official said he could do these small plans with no problem. At the present time, the Building Official says he cannot do them. Mr. Ferrara said there should not be a stipulation on the acre because there are too many commercial operations and tracks of land smaller than that. His suggestion is to do stormwater on all commercial, all lots, except residential. He also suggested that they should determine the square footage that does not need calculations for. In most areas they are using 1,000 square feet. If you have a building on property and you want to add 1,000 square feet, you are exempt one time. You cannot come back and add another 1,000 square feet - you have one exemption. As soon as you go over the 1,000 - either building or parking lot combined - over 1,000, you do stormwater calculations. Chairman Bennington asked what you do in a situation where an existing building is already creating a water problem. Mr. Ferrara said that most Ordinances do not retroact back onto something already existing. If there is a problem you can ask them to correct it, however, under this Ordinance you cannot force them to take care of the problem. This is how Mr. Ferrara sees it and some of the other counties and cities. It is a question of what this City wants. Chairman Bennington said if there is a problem, the City wants the problem corrected and if someone comes in and wants to add an addition, the City wants the problem corrected. Mr. Ferrara said that that has to be written in the Ordinance. Chairman Bennington stated that in the Ordinance that established the Planning and Zoning Board it states that the Board has authority to put whatever stipulations or requirements they deem necessary on site plans. Mr. Ferrara said there are many good Ordinances around the area at the present time that address this 1,000 square feet requirement concerning stormwater management calculations. He further stated that they should get a legal opinion from the City Attorney so that there is no misunderstanding in how these cases are treated. They all need to be treated the same. Chairman Bennington said that the Board is trying to do that now. Every case that comes before the Board has to be brought up to date according to the Code requirements. Mr. Ferrara reiterated that the plan looks workable, however, he has no stormwater calculations on this plan and he would approve the Board giving final approval, subject to these calculations being submitted and reviewed by him. Chairman Bennington asked Mr. Riggle if the variance was for the rear, to which Mr. Riggle replied, yes. Chairman Bennington noted that there is a patio on the rear of the building which will not be enclosed. He said he did not see why Mr. Riggle needed a variance. If the owners or renters ever decided to enclose the patio, they would need a variance. -2- Planning & Zoning Board Meeting August 1, 1984 o o Mr. Riggle said he was here before and he was told he had to go before the Board of Adjustments for"a variance. Chairman Bennington said the Board did not have the plans at that time, they were only told about the problem Mr. Riggle had - that being not enough rear yard. Chairman Bennington read the definition of a setback into the minutes. He said that this structure is 25' from the property line and he did not think Mr. Riggle needed a variance unless he encloses the patio. Mr. Riggle said he was not going to enclose the patio. Chairman Bennington said that 25' is all that is needed and he has the 25'. Mr. Wheeler made a motion that this site plan be given preliminary and final approval, subject to the stormwater management calculations being furnished to the City Engineer for review and approval. Mr. Quaggin seconded the motion. Susan Mista, the secretary, asked whether or not Mr. Riggle had to go before the Board of Adjustments for the variance, to which she was advised that he did not. Upon roll call on the motion, the motion CARRIED 5-0. SP-8442 - Earl Wallace for Tim Watson - Retail/Wholesale Appliance Store - U.S. 1 between Lamont and Evergreen. Mr. Wallace was present to represent this site plan. He presented the Board with two letters; one from Mr. Watson, authorizing Mr. Wallace to represent him concerning this site plan, and the other from Mr. Watson's adjoining property owner, Mr. Yelvington, giving Mr. Watson a permanent easement to the south 15' of the property. Chairman Bennington read the letter from Mr. Yelvington into the record. He said that this letter explains the driveway being on two pieces of property. Mr. Wallace said this was from the recommendation of the DOT. They are trying to eliminate as many drive entrances off of that one block area. Chairman Bennington referred to the letter from the Police Department, reading same into the record which states the emergency vehicle entrance is very limited. If a fire occurs in the rear and there would be equip- ment in the front, there would be problems. It also stated there would be problems with trucks getting into and out of the site having to use the entire northbound lane. Chairman Bennington said there is a double 20' driveway entrance. Mr. Wallace stated that Sgt. Britain did not understand the plans when he made his comments. He showed on the site plan that there was plenty of space for large trucks to enter and exit. Chairman Bennington noted that the Fire Department found no problems with the plan. Chairman Bennington asked if the tree that is shown on the edge of the parking area will remain. Mr. Wallace advised that it would. Chairman Bennington noted that the Engineer gave approval to this site plan. A discussion then ensued concerning who owned this property and exactly where it is located. In regards to Sgt. Britain's comment concerning the use of Pelican Lane by large trucks, Chairman Bennington said that the use of the road by commercial traffic would be in violation of the Comp Plan and, further, that road is in litigation at the present time as to whether it is a road or just property. If the law rules that this is a road, it can never be used as a commercial entrance. Mr. Armstrong, a member of the audience, said there was no water at the present time on that side of U.S. 1 and no sewer. Chairman Bennington read the comments from Terry Wadsworth concerning this matter, wherein he stated that water will be available and there is no sewer. Mr. Wallace advised that they would use a septic tank. He further stated that he has been in contact with the man at the Health Department and the septic tank will be situated within 5' of the area designated on the original site plan, out of the way of the water lines. -3- Planning & Zoning Board Meeting August 1, 1984 o o Mr. Wheeler made a motion to give preliminary and final approval to this site plan, seconded by Mr. Finn. Motion CARRIED 5-0. COMMUNICATIONS Letter from secretary concerning Stormwater Management Ordinance requlre- ments for site plan review by Engineer. Chairman Bennington stated that it is the Board's understanding that Mr. Ferrara wants to review all site plan applications that are not in a pre- viously approved subdivision under the Subdivision Ordinance. Chairman Bennington advised that the problem arose concerning the amount of time it was taking to get the reviews back from Mr. Ferrara for the site plans that were on the agendas. The applicants were coming before the Board with everything needed for approval and the engineer's review was holding them up from receiving approval. Mr. Ferrara apologized for any delay he may have caused and assured the Board that he would return them as soon as possible in the future. Mr. Ferrara stated that if you are going to have a stormwater Ordinance, you should not use one acre as a requirement. The only projects that should be eliminated from stormwater management are residential homes. This is pretty common throughout the various cities and counties. Mr. Ferrara said the dividing point, in his opinion, which is being used in many areas, is the 1,000 square feet. A discussion then ensued concerning the use of this 1,000 square feet in the various zoning districts - duplexes, multi- family, commercial, etc. Mr. Ferrara suggested that he furnish the Board copies of the Stormwater Management Ordinance that other cities are using and the Board can evaluate them and see what parts of same Edgewater could use or should be using. Chairman Bennington requested that the secretary call the Florida League of Cities and obtain copies of Stormwater Management Ordinances that they have on file to review. Chairman Bennington stated that the site plan requirements list will have to be changed in that it only requires calculations for sites over an acre. Mr. Ferrara advised that the Department of Environmental Regulations, as well as the St. Johns Management District, are requiring permits for storm- water management control. Chairman Bennington suggested that the Board hold a workshop to go over this Ordinance as soon as copies of same from the different cities are received; and they will discuss the definitions and satellite dishes that were supposed to have been discussed at the workshop last week that was cancelled for lack of a quorum. Letter from Dennis Fischer concerning introduction of David Jones to the Board. Chairman Bennington read this letter into the minutes which introduced David Jones who will be working part-time with the Building Department in handling the various code violations. Chairman Bennington read into the minutes a letter from David Jones concerning site plan violations on Volusia Truss and BJ's Flowers. Mr. Jones advised that he had contacted the owners of these businesses and advised them of their violations. He further stated he would follow-up on the investigation and advise the Board of his findings. Chairman Bennington noted that Joese's Pizza still has their sign posted on the tree, which is in violation of the Code. Letter from David Jones regarding violation of site plan for SP-83l6 - Robert Wilson - Fat Bob's Restaurant Chairman Bennington read into the minutes the copy of the letter sent to Fat Bob's, advising him of the site plan violations that exist on his property -4- Planning & Zoning Board Meeting August 1, 1984 o o Chairman Bennington asked that a letter be sent to David Jones, requesting that he check out the site plan for Pelican Cove West concerning the sidewalks that were to have been installed in the Subdivision. They have not been put in to date. The minutes of the meeting reflect that sidewalks are to be installed, however, there is no time limit, unless it is part of the money that the City is holding. Mr. Ferrara advised that you can control these violations by refusing to give the developers certificates of occupancy. Chairman Bennington said that they are not pulling the CO's and are selling them anyway. Mr. Ferrara said the power is the control. Someone has to tell the power company to turn the power on and if they fail to comply with the site plan, you do not turn the power on. That kills everything right there. The Building Official has control over whether or not power is turned on or not. This is where the control guide is, you can stop them dead in their tracks. It would only take one time to refuse to turn the power on for the developer to know that he has to comply with the Code requirements and site plans that were approved. There being no further business to come before the Board, the meeting was adjourned at 8:35 P.M. Minutes submitted by: Susan Mista -5- Planning & Zoning Board Meeting August 1, 1984