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12-19-1984 . I Q Q CITY OF EDGEWATER Planning and Zoning Board Meeting December 19, 1984 Agenda The Secretary called the meeting to order at 7:04 p.m. in the Community Center. ROLL CALL Members present: Messrs. Poland, Chenoweth, Quaggin and Mrs. Thomas. Excused: Messrs. Bennington, Wheeler and Finn. Also present: Mrs. Taylor, Secretary. Due to the excused absence of the Chairman and the Vice Chairman the members proceeded to elect a Chairman pro tern. Mr. Chenoweth moved to nominate Mrs. Thomas, which was seconded by Mr. Poland. The motion CARRIED 4-0. APPROVAL OF THE MINUTES A motion was made by Mr. Quaggin and seconded by Mr. Poland to approve the December 5, 1984 minutes. The motion CARRIED 4-0. SITE PLAN REVIEWS SP-8463 - T. L. Jones, 1958 & 1962 Fern Palm Drive - Preliminary/Fin.al Approval - Duplex in an R-4 Zone Mr. Poland explained the question on this request and the reason for the continuation from the last meeting. There is a canal to the rear of the property, the bank of which is just 7 feet from the corner of the proposed building. There was concern that the City would be liable. The members referred to the memorandum from Susan Mista advising that the City Attorney stated that the only obligation and/or liability that the City has in a situation such as this is to make sure the structure is built in a safe, stable and secure condition for the health and welfare of the residents. Mr. Jones was present and explained that there are two levels to the bank and he intends to go at a gradual grade to the lower level and the water would be two or three feet below that lower level. He intends to fence it. He pointed out that he has a request for a variance filed with the Board of Adjustment. This would permit a 10 foot variance to the front setback. Mr. Jones commented that if the Board takes this attitude with the canals in Florida Shores they are opening themselves up for many lawsuits. Mr. Ron Lucas, present in the audience, noted that there are two other duplexes in the area which are set at 30 feet from the front. He said that Mr. Jones has a problem which is not of his doing and a delay can be very costly. Mrs. Thomas read a letter from the City Engineer concerning the canal in reference to the lots next to Mr. Jones' property; the letter, dated November 15, 1984, was addressed to Connie Kinsey, City Clerk. It was his opinion that the canal should not be relocated, but that a variance be requested to place the structure at 30 feet from the front property line. The members were also in possession of a letter from the Building Official dated December 19, which stated that the City Engineer, Public Works Superintendent and the Building Official agree that the frontage of the structure needs to be 30 feet from the front property line. Mr. Chenoweth moved to grant the SP-8463 site plan request subject to the obtaining of a variance from 40 feet to 30 feet in the front and a provision that the proper fencing be placed in the rear of the property where the canal is located. Mr. Poland seconded the motion. The motion CARRIED 4-0. SP-8469 - Edgewater Mower and Small Engine Repair - Warehouse Addition - 301 Mango Tree Drive Mr. Poland, one of the principals of the Edgewater Mower and Small Engine Repair Service involved in this case, submitted for the record a Form 4, Memorandum of Voting Conflict. o o The members reviewed the plans, noting that there is a shell drive circulating around the front and that the proposed metal building will be to the south at the rear. It was confirmed that there are a sealed survey and sealed stormwater calculations in the file. Mr. Poland noted that he has submitted stormwater management calculations to the City Engineer for his review. Mrs. Taylor informed the members that the City Engineer had advised her by phone today that the stormwater calculations were acceptable to him and that he would get a letter into the mail tomorrow confirming this. Mr. Quaggin moved that SP-8469 be granted preliminary and final approval; the motion was seconded by Mr. Chenoweth and CARRIED 3-0. Mr. Poland abstained. SP-8470 - Ron Carwile - Addition to Coastal Tire, :1701 South Ridgewood Mr. Carwile was present to talk to the members about his plans. The sealed set of the plans has not been submitted to date. A variance has been granted for the additions to the front and side of the existing building. There will be a buffer between his property and the abutting residential land to the east. Mr. Chenoweth moved that preliminary and final approval be given to SP-8470, upon the receipt of a sealed set of plans. Mr. Poland seconded the motion. Mr. Quaggin suggested that the motion be amended to require that the storm- water calculations be approved. Mr. Poland seconded this amendment. Mr. Chenoweth restated his motion, and moved that preliminary and final approval be granted to SP-8470 subject to the submission of the sealed plans and approval of the stormwater calculation data. Mr. Poland seconded the motion, which CARRIED 4-0. UNFINISHED BUSINESS Rezoning application from R-l to R-2 by Victor St. John for property located on Lincoln Road. Mr. Les Haughwout was present to discuss this rezoning request. The members reviewed the letter from Jose' B. Alvarez, City Attorney, in which he advises on the methods for determining "spot zoning", a question which was raised by the Board at the previous meeting. Mrs. Thomas read the letter addressed to the City Attorney in which the Board asked two questions relating to this rezoning: 1# Can they legally change the zoning in this area, or would this be spot zoning? and 2, In accordance with Section 400.01 of the Code, how many lots does Mr. St. John own - two or three? Mr. Poland com- mented that he does not agree with Mr. Alvarez that question two hinges on whether or not the Board deems it advisable to rezone. He felt that question was a straightforward request for an interpretation of the existing ordinance on whether that particular parcel of land contains 1, 2, 3 or 5 lots. Mr. Ron Lucas, present in the audience, commented that what you have here is property ownership by one person that was divided by a road and he felt that if the attorney had addressed the situation he would have told them that! to start with, as soon as the road comes in there you do not have contiguous lots. Mr. Poland responded that the question was whether there are two lots there as the Chairman contended, or whether there are three lots there as Mr. Poland contended. This issue was discussed further. Mr. Chenoweth said that the Board is responsible for making the decision on this, regardless of who gives them the input. He did not feel the lawyer's opinion should be negated in any way. He stated that the attorney may have generalized in a way but he felt that if the lots could be better utilized by going from R-l to R-2, reasoning on a commonsense basis, and doesn't violate any of the planning of the City, which he does not think it violates, he feels there is nothing wrong with it. Mr. Poland said that he concurs with Mr. Chenoweth. Mr. Quaggin asked if they were considering the Comprehensive Plan, and Mr. Chenoweth said that he was considering it. He stated that it is not a nonconforming, per se, continuous nonconforming. Mr. Quaggin argued that the purpose is to go from R-l to R-2 with the idea of more buildings, and he felt that this is not in the Comprehensive Plan. Mr. Chenoweth said that he does not see what is wrong with going from R-l to R-2, unless it is the increasing of the density, which Mr. Quaggin is objecting to. He noted that the Board has been approving duplexes and triplexes throughout the City, and he did not feel this situation was different. Members discussed the City Planning and Zoning Board December 19, 1984 - 2 - o o Attorney's letter further, specifically noting his statement that, "the basic rule is if the rezoning is reasonable, in accordance with the compre- hensive plan and can be justified as contributing to the health, safety and general welfare of the city, it is not spot zoning irrespective of the size of the parcel or the apparent incidental benefit to the owner." Mr. Les Haughwout spoke about the improvement to the community this would bring because it would bring it into a total residential and not a commercial area. There is a commercial shop on the property now which will not be there when it is rezoned and subsequently built on. He also pointed out that all five of the lots will be in excess of the R-2 requirements. Mr. Poland asked if they would not have to get variances to build if the rezoning went through and Mr. Haughwout responded that all of the lots would meet code with the possible exception of one lot, which is 72' and not the required 75'. Mr. Poland remarked that considering how far it is from Riverside Drive and considering the purpose of R-l ie. particularly aimed at those parcels fronting on Riverside Drive, he felt that rezoning this parcel to R-2 would be in keeping with the spirit of the zoning by getting rid of commercial establishment, and taking property which is not of great benefit to the City at this time and upgrading and contributing to the tax rolls. Mr. Poland asked what the procedure is after the Board makes their recommendation. Mrs. Gigi Bennington, present in the audience, advised the Board to clarify the reasons for their recommendation, if they decide to recommend the rezoning. Mr. Poland moved that this parcel owned by Victor St. John on Lincoln Road be recommended to Council for rezoning from R-l to R-2 for the following reasons: One, it will remove a commercial establishment from a primarily residential section of the City; two, it will improve the tax rolls of the City of Edgewater by permitting development of this property as a residential area; three, it is in keeping with the spirit of the zoning of the area, whereas R-l is primarily a residential area on Riverside Drive; and four, that the rezoning is reasonable and is not in violation of the Comprehensive Plan and it does contribute to the general welfare of the City. Mr. Chenoweth seconded the motion, which CARRIED 4-0. Mr. Poland said he would like to have the secretary to write a letter to the City Attorney and find out how many lots it is, because he wants to know. OLD BUSINESS Review Condomin'ium Plat concernlng SP-8318 - J. C. Carder Shopping Center Mr. Ron Lucas was present to represent Mr. Carder, and produced a mylar of the plat for the Board's approval. Mr. Lucas said he does not know if the Board has to sign the plat and no one seems to have the answer. He remarked that if they don't have to sign it, it would not hurt if they did sign it. And secondly, he reported that he spoke to the City Engineer today and he has some problems with the stormwater drainage, but according to the engineer, it has nothing to do with the plat of the land. Mrs. Bennington referred the Board members to page 1721, Pinal Plat Procedure, and said according to this the Board does not have to sign it but they have to make sure that it meets all the criteria, and then the Mayor signs it. It is considered a subdivision. Mr. Poland suggested that this should have been done prior to the construction but was advised by Mr. Lucas that a condominium plat cannot be signed until it is constructed. It was originally approved as rentals. For a condominium they have to prove that what they sign is really there. Mrs. Bennington pointed out that on page 1724 of the Code, under Final Plat Specifications, (21) (d) a certificate of approval by the Zoning Board is required. Mr. Lucas discussed the proposal and asked for the Board's approval. He explained that the project is basically complete. He said that the drywall is not in, and the condo will be sold in a different style. In most condominiums the drywall is put in but in this one the people have the option of buying one, two or more units to make a bigger store. Requirements have to be met concerning fire requirements which will be governed by the Building Official as far as issuing certificates of occupancy, licenses, etc. There has to be a two-hour fire rate which goes all the way to the roof~ Mr. Lucas said that the State controls condominium, except that the building has to be built in accordance with the requirements of the City. Mrs. Taylor told the Board members that Mr. Alvarez had talked to her this date and suggested that the Board make sure that they did not run into the same problems which arose with the development on Park Avenue, in that they did not have enough parking spaces for the businesses which bought the units. Planning and Zoning Board December 19, 1984 - 3 - o o Mr. Lucas said that what he wants to know is, in the opinion of the Planning and Zoning Board, does the plat meet the requirements of the site plan which was presented. The question arose if this structure was inspected by the Building Inspector and Mr. Lucas said that some of it was, but he has not made a final inspection which he will not do until someone decides to utilize a unit. Firewalls have to be erected and inspected. Mr. Chenoweth said he felt the question is, did the people who built the structure do what they said they would do initially, and in his opinion they did. He stated that he thinks they have met the requirements of what he told the Planning Board that he would do initially, and he recommended that the Board give him approval because they have done what they said they would do in the use of the site with the building construction thus far, but that any future approvals that cause radical changes in the building would have to be subject to the Building Official's approval. Mr. Chenoweth moved that the condominium plat be given basic approval as it is today with any future changes subject to the Building Official' inspections. Mr. Lucas said that Mr. Carder is well aware that he has to meet certain criteria; as of tonight he is aware that the City Engineer is not satisfied with the stormwater drainage and that he's going to have to do something to get going on it. Mr. Poland seconded the motion. Mrs. Gigi Bennington spoke to the members, stating that in her opinion, if they are approving a final plat to be sent to the Mayor to be signed, it has to meet all the criteria, and one of the criteria is that before final plat is submitted to the Zoning Board the certificates of (a), (b) and (c) have to be in hand and one of them is the certificate of approval by the City Engineer. He doesn't have to sign the plat but he has to say that it meets all the engineering requirements. If you send that with the problems that he says he has on it, it is her opinion this is not the way to go. The members reconsidered the motion. Mr. Chenoweth said that the way the motion is worded, it is subject to the approval of the engineer and the building official. If they don't approve something it can't go through. Mr. Lucas said that he did have a meeting with the City Engineer today and as far as he is concerned there is no problem with the plat. He's not even going to look at the plat. Mr. Poland said that in view of Mrs. Bennington's comments he withdraws his second to the motion. He said to do this thing right, and they would be setting a precedent, they should do it by the book. He does not have the certificate from the City Engineer. Mr. Quaggin said that he would not vote in favor of it. Mr. Chenoweth with- drew his motion. Mr. Poland moved that produce a certificate Article VII, (J) (21) . 4-0. this case be TABLED until such time as Mr. Carder can of approval by the City Engineer, as referenced in The motion was seconded by Mr. Quaggin and CARRIED NEW BUSINESS D & J Automotive Repair Shop - Application for Occupational License - Review to determine if use complies with the Comprehensive Plan. Mr. James Ogden was present to discuss his plans with the members. He advised that this building is at 821 Park Avenue, across from Waco. He said there is a body shop there and someone does cleaning and waxing of cars. The members reviewed the permitted uses in I-I, noting that this use is not specifically stated, but it does talk about farm machinery, servicing, and paint and body shops, and in Mr. Poland's opinion, this comes very close to saying automotive repair. The members wondered why this case was sent to them. The secretary explained that Mr. Ogden has applied for a special exception to operate a general repair business in I-I and the special exception must first be reviewed by the Planning and Zoning Board to see if, in their opinion, the use meets the requirements of the Comprehensive Plan. Mr. Poland said that it seems that if you let a person repair a tractor he should be permitted to repair a car. Mr. Poland moved that they'- "-',\L' ~_, write a letter to the Board of Adjustments recommending that automotive repair and rebuilding be added to the permitted uses of I-I. The secretary questioned if he was recommending this for every case, or just this subject case. Mr. Poland asked why not, and the secretary noted that this is not their function. Planning and Zoning Board December 19, 1984 - 4 - . . o o It is the job of the Planning and Zoning Board. Mr. Poland said that then they would have to write two letters, one to the Board of Adjustments recommending approval as a special exception in this case, and also write a letter to the Council recommending that they amend 1-1 to include auto- motive repair and rebuilding as a permitted use. Mrs. Doris Massey, present in the audience, spoke to the members, stating that she is on the Industrial Board, and she would hate to see what little bit of industrial zoning the City has usurped with garages. She stated that she did not mean to be unkind about it, but these things are supposed to come before the Industrial Board whenever these things are done, and she would rather see it come on each one as a special exception so that the City does not get overrun. She noted that that is about all the industrial land the City has. The secretary said that there is a copy of this application in the Industrial Board file which will go on the agenda of the Board's next meeting early in January. Mrs. Bennington said that she agreed with Mrs. Massey. If you leave it as a special exception you have some control over what goes in there. Mr. Poland wondered how you could turn someone down in any case, and it was pointed out that there could be an overabundance of one type of business. A special exception provides control. Mrs. Massey said that since it is an industrial area and you can put this in other places, each one should come before the Boards. They need industrial sites very badly. Mr. Chenoweth said that in light of this discussion, he moves that the Board send a letter to the Board of Adjustment advising that in their opinion this use complies with the Comprehensive Plan. This motion was seconded by Mr. Quaggin and CARRIED 4-0. Review request by Doris Massey regarding Florida Shores Planting Buffer Strip and make recommendation to Council. Mr. Chenoweth said that he thinks that the City Council did a fine thing back in 1978 when they wrote a resolution that the egress and entry be allowed in a strip which has been granted piecemeal all along and that the 6-foot requirement for purposes other than that be denied. Mr.Cheno- weth said that he would go along with this resolution and 1E~ecoITIDend that they establish that as an ordinance for Florida Shores regarding the 6-foot strip. He feels that the resolution is very well done. Mr. Lucas was present and stated that there is a State statute which did away with this type of strip, which is called a spite-strip. This strip was put in so that no one else could use the roads they built. He pointed out that in one case the State ruled that such a strip is illegal. Mrs. Massey said that her recommendation is hot to vacate, but to dedicate the entire buffer strip around the Florida Shores area for street purposes. That way it is not vacated so that half goes to one and half to another. The City retains it and does not relinquish any right. She said that she would like their recommendation, if it is their wish, that the buffer strip be dedicated for street purposes around the entire perimeter of the Florida Shores area. Mr. Chenoweth amended his motion to say that the buffer strip be dedicated for a road right of way in its entirety around the perimeter as it is shown on the map, and be retained by the City of Edgewater. He stated that he concurs with the statements in Mrs. Massey's letter of November 27, 1984. Mr. Poland reviewed the motion, noting that it will be retained as a road , right of way, and seconded Mr. Chenoweth's motion. The motion CARRIED 4-0. There being no further business to come before the Board, upon a motion by Mr. Quaggin and seconded by Mr. Poland, the meeting was adjourned at 8:25 p.m. Minutes prepared by Joan Taylor Planning and Zoning Board December 19, 1984 - 5 -