Loading...
10-17-1984 ~ o o CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING OCTOBER 17, 1984 Minutes Chairman Bennington called the regular meeting to order In the Community Center at 7:00 P.M. ROLL CALL Members present: Messrs. Bennington, Poland, Quaggiri and Chenoweth. Mr. Wheeler, Mr. Finn and Mrs. Thomas were excused. Also present: City Attorney, Jose Alvarez, secretary, Susan Mista, and various people in the audience. APPROVAL OF MINUTES Mr. Quaggin made a motion to approve the minutes of the October 3, 1984, meeting, seconded by Mr. Poland. Chairman Bennington requested that the minutes be corrected insofar as the wording on page 1, the last sentence in the next to the last paragraph, which states: "Chairman Bennington said the Board will send this permit to the attorney and if the attorney says this does not involve the City of any liability, then it will be OK." He requested that the sentence be changed to read: "Chairman Bennington said the Board will send this permit to the attorney and if the attorney says this does absolve the City of any liability, then it will be OK." The Board members agreed with the requested change and upon roll call to accept the minutes, as amended, motion CARRIED 4-0. At this time Chairman Bennington stated that the City Attorney has a later meeting and the item on the agenda under New Business concerning rezoning property owned by Corbitt Smith was moved up and discussed at this time. NEW BUSINESS Rezoning application by Corbitt Smith for property located on Marion Street from B3 to 12. Mr. Corbitt Smith was present to discuss this matter. Chairman Bennington said that this property is the old Truss factory. Part of Mr. Smith's property is zoned B3 and part is zoned 12. This is all one parcel of land with one ownership. Mr. Poland questioned if there weren't a ruling or something in the Code that states if one parcel of land is zoned differently, the owner can choose to rezone the entire parcel to the zoning that is in the majority. No one seemed to know whether or not this was in the Code. Chairman Bennington then explained how this property was zoned in conjunction with the property surrounding it. City Attorney Alvarez said the issue before the Board now is to rezone the smallest portion that is B3 to 12. He stated that the Industrial Board has gone on record saying they wish to see more industrial property in the City. Chairman Bennington referred the Board members to the Council minutes concerning this matter, wherein the Council recognizes that this split zoning adversely affects this man with his property. He had a piece of property that he was told was industrial, he developed it as industrial by putting a truss plant there, now he finds out this corner is not indus- trial but business. Mr. Smith stated it was industrial when he bought it in 1972. Chairman Bennington said that the Council recommended waiving the fee for rezoning for this particular piece of property. He asked City Attorney Alvarez if Council shouldn't rezone this property and the City Attorney said, no. If the City takes the initiative then you would o o fall into the requirements of the State Statutes. The best way to handle this situation is for the property owner to request the rezoning and to go through the steps outlined in the Code. Mr. Poland said that Council should not take the initiative and rezone the property, even though it is an error in the original zoning map? Mr. Alvarez said he did not want to say it was an error, situations like this occur sometimes when zoning maps are drawn and the entire zoning district is changed. City Attorney Alvarez informed the Board that he has been advised by the applicant that time is of the essence concerning this request and if the Board decides to recommend to Council that this property be rezoned to 12 and if they suggest or direct him, he can prepare an Ordinance to be submitted with the recommendation to be put on the Council's first meeting in November. The first reading of the Ordinance could be heard on November 5th and the second reading on November 19th, at which time if the Ordinance is adopted, the property will then be rezoned. After a discussion concerning this rezoning by the Board members, Mr. Poland made a motion that Corbitt Smith's property be rezoned from B3 to 12, that a recommendation be sent to Council to rezone this property and that the City Attorney prepare the necessary Ordinance to have this property rezoned and submit same with the Board's recommendation at the November 5th Council meeting. Mr. Chenoweth seconded the motion. Motion CARRIED 4-0. At this time, Chairman Bennington referred the Board members to the agenda for site plan reVlews. SITE PLAN REVIEWS SP-845l - Coleman Construction Co. for Mrs. Weiler - Duplex Addition; and SP-8452 - Coleman Construction Co. for Mr. Wheeler - Duplex Addition. Chairman Bennington said that the Board is being asked to provide a rubber stamp to these two site plans. A special exception was granted by the Board of Adjustments at their meeting October 16th for the rear setbacks. He further stated that there was no representative present concerning the site plans and he asked the Board whether they wanted to review them or table them. Mr. Poland made a motion to TABLE these two site plans until a representative is present to discuss same. Mr. Chenoweth said he didn't see why it should be tabled. Mr. Coleman has always complied with the Code requirements in the past concerning the site plans in Shangri-La and this will only deter him another two weeks. Mr. Poland said he felt he was showing disregard for the Board by not appearing. Chairman Bennington questioned whether or not Mr. Coleman knew he had to be at this meeting. The secretary advised that she told Mr. Coleman's secretary that he had to attend both the Board of Adjustment's meeting and the Planning and Zoning Board meeting and she also asked the secretary of the Board of Adjustments to advise Mr. Coleman that he had to attend the Planning and Zoning meeting. She also stated she told Mr. Coleman's secretary if he did not attend the meeting, the Board would not hear the cases. Mr. Chenoweth agreed that this was the Board's policy and he then seconded the motion to TABLE these site plans. Upon roll call, motion CARRIED 4-0. OLD BUSINESS Review Section 715.02 - Site Plan Requirements List. Chairman Bennington asked the Board members if they had any changes they would recommend concerning this list. In reference to Section II, Chair- man Bennington suggested adding to the last sentence in the section - "except that single family and duplexes shall be exempt from the site plan processes and shall be reviewed by the Building Official for compliance to all zoning codes." The Board members agreed with his suggestion which assures that these site plans will be reviewed by the Building Official. -2- Planning & Zoning Board Meeting October 17, 1984 o o Concerning Section II, Item C, Chairman Bennington suggested removlng the first part of the sentence to the comma and removing all of the remainder of the paragraph after the first period. He also suggested removing from Section IV, Item C, the entire paragraph concerning single family and duplex site plans, because they have been removed from requiring site plan approval. The Board members agreed with the suggestion. A discussion then ensued concerning the number of sets of site plans that are required. It was decided that 13 complete sets are required and only one set signed and sealed by an architect or engineer registered in the State. There being no other changes or alterations to the Site Plan Requirements List, Mr. Chenoweth made a motion to send a recommendation to Council that Section 715.02 be amended, as discussed herewith. Mr. Quaggin seconded the motion. Motion CARRIED 4-0. Review Section 9-5-56 - Exemptions to Stormwater Ordinance. Chairman Bennington referred the Board members to the letter Mr. Ferrara, the City Engineer, sent regarding the exemptions to the Stormwater Ordinance and his recommendations to changing this section. He said Mr. Ferrata advised that Item B was an oversight and could be left in the Code as it is. In regards to Mr. Ferrara's Item E, he explained that the Code does not address any fee and he felt a fee should be considered. Chairman Bennington reminded the Board members that there is a statement in the site plan application that any fees incurred for review by the City Engineer has to be paid by the applicant. He did not feel another fee should be imposed and, therefore, suggested they leave Item E that is presently in the Code the__ way it is. The Board members agreed with this suggestion. Chairman Bennington referred the Board members to Mr. Ferrara's Item 2d of his letter concerning anyone adding onto their structure or build a structure up to 1,000 square feet without a stormwater management permit. If someone wishes to pave a parking lot over 1,000 square feet, they should be required to get a permit from the City Engineer to do so. Mr. Chenoweth said the reason Mr. Ferrara gave for imposing this 1,000 square footage requirement was because other cities are enforcing this and he questioned whether or not this was a good enough reason for Edgewater to do the same. A discussion then ensued concerning this subject. Mr. Chenoweth made ,a motion to accept the recommendations from Mr. Ferrara concerning Section 9-5-56 - Exemptions to the Stormwater Ordinance, due to the fact the Board is undecided concerning the 1,000 square foot item dealing with increasing an impervious surface or building. Chairman Bennington summarized the Board's decision by saying that Item 2a in Mr. Ferrara's letter would remain the same, "b" would be the same as Item b in the Code, Item 2b, c, and d of Mr. Ferrara's letter would remain the same, and Item e in the Code would re~ain the same and omit Item 2e of Mr. Ferrara's letter. Mr. Chenoweth and the Board members agreed with Chairman Bennington's summary. Mr. Poland seconded Mr. Chenoweth's motion. Motion CARRIED 4-0. Chairman Bennington stated he voted "yes" because these are the City Engineer's recommendations and the best they can come up with, even though he does not necessarily agree with them totally. Letter from Donnie Williams regarding ossibi1it of rezoning locate at 119 E. Park Avenue from R3 to B3. The Board members agreed to TABLE this matter due to the fact Mr. Williams was not present to discuss this letter. Letter from Reverend Siano, Edgewater Alliance Church, concerning storm- water system. Chairman Bennington referred the Board members to the memo from Dennis Fischer, Building Official, concerning the site plan for the Edgewater Alliance Church, dated 10-11-84, which states the building construction -3- Planning & Zoning Board Meeting October 17, 1984 o o has been finaled but no CO has been issued as of this date. Chairman Bennington stated they are not supposed to be occupying the addition without a CO. He then read the letter from Reverend Siano into the record. The letter stated they are in the process of satisfying the stormwater require- ments on the existing parking lot and will be presented to Planning in lieu of the original plans, however, it further stated the Church is not finan- cially able to deal with this item but will do so as soon as the necessary funds can be raised. Mr. Chenoweth said paragraph 2 negates paragraph I in that it states what they intend to do but cannot, which puts the project in a stall. Chairman Bennington said he thought the Board should be given some idea as to when they plan to prepare an alternate plan for their storm- water system. He further said they are not to be occupying the building without the CO, they haven't complied with the original site plan. Mr. Chenoweth said the new addition did not cause the problem, the problem was there to begin with. They asked Council if they could use City property in handling the water run-off and they were refused. Now they have purchased the property to the west and will propose an alternative plan to present to the Board for approval. It was his suggestion that they be sent a letter, requesting their early action to the proposed drainage system to the west and that they advise the Board of their intentions in the very near future. He said he knows they have a problem. Mr. Poland agreed with Mr. Chenoweth's suggestion to send them a letter, but he thought the letter should stipulate a date for them to appear-at the next meeting or the meet- ing following the next - to have them bring in a plan for the Board to reVIew. Chairman Bennington briefly explained the chain of events concerning this particular site plan with reference to the stormwater system. Mr. Chenoweth made a motion to send a letter to Reverend Siano and request that he present the Board with an outlined plan of how and when they intend to meet the stormwater requirements on the existing parking lot, and further, that he be present at the Board's November 7th meeting to discuss this matter. Mr. Poland seconded the motion. Motion CARRIED 4-0. Mr. Quaggin questioned whether or not BJ's Flowers got their CO. He said the driveway has not been put in around the building. The Board members agreed to ask David Jones to give them a status report on BJ's Flowers concerning their compliance with the original site plan. Mr. Poland suggested that the Board send flowers to Mr. Finn, who has just undergone an operation. The Board members agreed with his suggestion and asked the secretary to take care of sending Mr. Finn flowers from them. There being no further discussion to come before the Board, upon motion made by Mr. Poland to adjourn, seconded by Mr. Quaggin, the meeting was adjourned at 8:35 P.M. Minutes submitted by: Susan Mista -4- Planning & Zoning Board Meeting October 17, 1984