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01-16-1985 o ~ CITY OF EDGEWATER PLANNING AND ZONING BOARD MEETING JANUARY 16, 1985 Minutes Chairman Don Bennington called the regular meeting to order at 7:02 P.M., in the Community Center. ROLL CALL Members present: Messrs. Bennington, Wheeler, Chenoweth, Finn, Poland and Mrs. Thomas. Also present: Secretary, Susan Mista, one member of the press and various people in the audience. Mr. Quaggin was excused. At this time Mr. Wheeler made a motion to recess this meeting to go back to the Special Meeting with Council. The motion was seconded by Mrs. Thomas. Motion CARRIED 6-0. The meeting was called back to order at 7:20 P.M., by the Chairman. APPROVAL OF MINUTES Mr. Chenoweth made a motion to approve the minutes of the December 19, 1984, meeting, seconded by Mr. Poland. Motion CARRIED 6-0. SITE PLAN REVIEWS SP-8473 - Timbersteel Bldgs. for Gary RobiHon - Wholesale, retail, commercial storage for glass - 20th and Guava. Mr. Robison. was present to discuss this site plan. He corrected the agenda which stated this site plan was for Perry Barret. Chairman Benn~ngton stated that the Department Heads commented that we need an architect's sealed set of plans. The plans that are sealed now are by an engineer, not an architect. He also said they need a set of drawings showing the inside of the building. Mr. Robison said all they would show would be offices with a restroom on each side. Chairman Bennington asked if this were going to be a warehouse, to which Mr. Robison replied, yes. Chairman Bennington said warehouses are not a Permitted Use in B2 zoning. Mr. Robison said it would be a wholesale, retail, commercial storage building. At this time the secretary presented the Board members with a construction drawing of the inside of the proposed building. Mrs. Thomas asked if he would be conducting his business from this building, to which he replied, yes. Chairman Bennington read the new list of the Permitted Uses under B2 which was adopted under Ordinance 84-0-14, and are not yet in the Code Book. He said if the business was classified as a wholesale, retail merchant he could only have stock up to $10,000. Mr. Robison said that is the way his license reads. Chairman Bennington said he would have a .lot of unused space and Mr. Robison replied, yes sir. Mr. Wheeler asked Mr. Robison how many employees he would have and he replied, three. Mrs. Thomas said that the way the Ordinance reads, he has a Permitted Use under the B2 zoning and she made a motion to give him final approval. Mr. Wheeler seconded the motion. Mrs. Thomas added to stipulate that an architect's sealed set of plans be provided. Motion CARRIED 6-0. Chairman Bennington voted yes, provided he not exceed more than $10,000 in stock and have no more than 3 employees. SP-8478 - Luis Geil for Perry Barret - Sketch Plan Review - 18 Apart- ments - Yelka Terrace and Live Oak Mr. Geil was present to discuss this sketch plan. , . Q '-I Chairman Bennington read from the Code Book concerning the R5A zone and the criteria that must be met for multi-family dwellings. He stated that he does not see any problems with the site plan, as it is presented. It meets the Code requirements. Mr. Geil said he was here to get the Board's comments. SP-8500 - Edwin Hall - Triplex - 2702, 2704, 2706 India Palm Drive Ron Lucas was present to discuss this site plan. Chairman Bennington stated that they need an architect's seal on the plans, it is a State law requirement for a triplex. He further said that this plan was in before as a sketch plan and the width of the driveways had to be changed, which they have done. Mrs. Thomas made a motion to give final approval to this site plan, subject to providing an architect's sealed set of plans. Mr. Poland seconded the motion. Motion CARRIED 6-0. SP-850l - Edwin Hall - Light Manufacturer - 2204 Hibiscus The secretary presented the Board members with. a revised set of plans. Chairman Bennington said there is a letter attached to the new plans stating that due to the fact the alley is not currently in use, they will not use it and leave it as an alley for a buffer. Mr. Lucas pointed out where they have changed the direction of the garage door opening. Mr. Poland asked if there would be 3 employees or less, to which Mr. Lucas replied, 3 employees plus the owner. Mr. Poland asked what was to be manufactured in this building. Ed Hall, Jr., who was also present, advised that they did not know. They were just building the structure, whomever buys it will have to get an occupat- ional license from the City and comply with the Code requirements for same. A discussion then ensued concerning whether or not there will be a problem approving of this building without knowing for sure what type of business will be going in. It was the Board's decision that by applying for an occupational license, the proposed owner will be governed by the Code in order to get this license. Reference was made to the Ordinance on pages 857 and 858 which states no one can do business in the City without a City occupational license, issued by the City Clerk, after the City Clerk in concurrence with the Building Official, has determined that the issuance of said license will be in conformity with the zoning Ordinance of the City. Chairman Bennington said he did not like the swale being situated on the road and the first 10' cannot be used for a swale, it has to be landscaped except for what is used for ingress and egress. Mr. Lucas said he would comply with whatever the City Engineer requests. Chair- man Bennington said that the Engineer will review these site plans and he advised that the Board was not to hold them up, waiting for his comments. Concerning the parking requirements, Chairman Bennington said that that is based solely on the type of business that goes in there. Mr. Lucas pointed out that they have provided plenty of parking area. Chairman Bennington said the plan meets the off-street loading require- ment, it meets the setbacks, landscaping and the parking will be deter- mined upon application for the license. Mrs. Thomas made a motion to give final approval to this site plan, seconded by Mr. Chenoweth. Chairman Bennington asked if she wanted her motion to include requiring an archite~t's sealed set of plans and -2- Planning and Zoning Board Meeting January 16, 1985 rJ .J Q o moving the swale, pending engineering's approval of the drainage. Mrs. Thomas withdrew her Motion and made a motion to give final approval to this site plan, pending provision of an architect's sealed set of plans and moving the swale to comply with approval of the City Engineer of the drainage system. Mr. Wheeler withdrew his second to her original Motion. Mr. Poland seconded Mrs. Thomas' amended Motion. Motion CARRIED 6-0. OLD BUSINESS Discuss stormwater system for SP-8353 - Edgewater Alliance Church - with Reverend Siano. Mr. John Amaral, engineer for the Edgewater Alliance Church, presented the Board with stormwater plans, showing the stormwater run-off from the parking lot. Chairman Bennington asked if he had any idea how soon the Church intended to install this system. Mr. Amaral said it was his understanding they had worked on clearing the lot last week and they were waiting approval of this plan. Chairman Bennington asked if this plan had been submitted to the City Engineer, to which Mr. Amaral replied, no. Chairman Bennington asked what time table for completion of this project they were using. Mr. Amaral said that apparently the Church has had a problem with finances which has delayed the completion of the project. This plan is the least expensive of all of the plans to date. Chairman Bennington said the Board was concerned that the plans have not been disregarded and the Church will take care of this and they still do not know when the Church will complete this drainage. Mr. Amaral said he could not speak for the Church, however, Reverend Siano would like to take care of this and get it out of the way. He said he would like to submit this plan to Mr. Ferrara for review. He mentioned there is one item concerning this plan - they have a deed for a parcel there with a 60' easement on the west end and the drainage canal falls outside the easement. He said he does not know if there will be a problem there, he does not know if it is a City or County drainage system. The survey indicates it is outside the easement, unless there is another easement that no one seems to be aware of. It may be an encroachment, he said he did not know. Mr. Amaral discussed with the Board members how the system would work to take care of the water run-off sufficiently, giving detailed data and information concerning this matter. Mr. Amaral then gave the plans and application for stormwater management permit to the secretary for her to send to Mr. Ferrara to review. Chairman Bennington thanked Mr. Amaral for coming and showing them what the Church plans to do concerning this drainage matter. He again told Mr. Amaral that the Board was only concerned that the Church did in fact intend to take care of this matter and that it had not been forgotten about. NEW BUSINESS Application for rezoning by Don Williams for property located at 119 East Park Avenue from R3 to B3. Mr. Williams was present to discuss this rezoning request. Chairman Bennington said he could not tell from the drawing exactly where this is located on Park Avenue. Mr. Williams said it was on the north side of the street, west of the Baptist Church, four houses west of the Library, it is flanked on each side by two little houses. He then went to the zoning map on the wall and pointed out the location, stating he thinks it is Lot 5. Chairman Bennington advised if it is Lot 5 it is already zoned B3. Mr. Williams explained that this is excess property to him. He cannot sell it as a residence because no one wants to live next door to the fire station and the water tower on the other side. -3- Planning and Zoning Board Meeting January 16, 1985 o o Mr. Williams informed the Board that the proposed buyer of this property would like to put an antique shop in the building, if it can be rezoned for commercial business. Chairman Bennington read from the Code what is required for an applic- ation for rezoning. Mr. Williams said he had all the information that is required, as far as he knew. Chairman Bennington again advised Mr. Williams if this house is on Lot 5 it is already zoned B3. Mr. Williams asked how he could find out for sure where the house is located. He said the whole street consists of 11 businesses and only 4 residences. He suggested the City rezone the entire street to B3. No one wants to buy a residence in this area. A lengthy discussion ensued concerning exactly where this residence is located., 'It was proposed that it was located on Lot 4M. If that is true, and this being a very large lot with other owners involved, the entire street would have to be rezoned. The Board members decided that they would investigate this matter further, looking at the situation to rezone the entire street, and get back with Mr. Williams after they decide what to do. Mr. Wheeler made a motion to table this matter further, seconded by Mr. Poland. Bennington told Mr. Williams they would on the agenda. request and:~nvestigate the Motion CARRIED 6-0. Chairman let him know when it is back Review application for Planning and Zoning Board by Paul Loeffler. Chairman Bennington stated that there are three Board members whose term expires in February - Mr. Poland, Mr. Chenoweth and Mrs. Thomas. Mr. Poland and Mrs. Thomas advised that they have already sent a letter to Council, asking that they be reappointed to the Board. Chairman Bennington said he personally did not feel it is the Board's task to review applications from someone who wants to serve on the Board and make a recommendation to Council whether or not the Board feels they are qualified and would be compatible with the members, as Council has requested the Boards do now. He said he felt the Board should recommend to Council that the three members be reappointed, if they so desire, and not to review any other applications unless at such time there is an opening on the Board to fill. He asked Mr. Chenoweth if he were going to ask to be reappointed. Mr. Chenoweth advised that he felt he should give someone else a chance to serve on the Board if they wanted to serve, possibly there is someone more qualified than he to serve and they should be given the chance to do so. He said if the Council wants him to be reappointed, he would not refuse. Mr. Wheeler said that the application for appointment to the Board that was given to them before this meeting by Jim Mackey should be considered. He said Mr. Mackey had served on the Zoning Board in the past for 7~ years and he was well qualified for the job. Chairman Bennington said that Council wants the Board's recommendation and it would be his recommendation that the three people presently serving on the Board be reappointed. Mr. Chenoweth was advised that if he wished to be reappointed he had to send a letter to Council, requesting same to them. Mr. Chenoweth said he was not aware that that was the procedure required by this Council. Chairman Bennington went on to say that when an opening does become available he would like to talk to the applicants prior to making a recommendation for appointment to the Board. Chairman Bennington asked if it were the concensus of the Board to recommend to Council that the three members be reappointed when their term expires in February. The Board members agreed. Mr. Wheeler asked what they intend to do about the two letters that were turned in. Chair- man Bennington said to ask Council to hold these in reserve until an opening comes up and then they will review them at that time. -4- Planning and Zoning Board Meeting January 16, 1985 o o Mr. Chenoweth said he would resign tonight if they would appoint Frank Opal to the Board. Chairman Bennington said this Board does not get to appoint people. Mr. Chenoweth said Mr. Opal wants to be on the Board. Chairman Bennington suggested that he turn in a letter to Council. Mr. Chenoweth said if the Board would ask Council to appoint him, he would turn in his resignation. Chairman Bennington then referred the Board members to a letter sent by Dennis Fischer on September 11, 1984, concerning the Board amending the Ordinance on fences, walls and hedges. He then read the letter into the minutes, stating the problems Mr. Fischer is having with this Ordinance and his request that the Board review same, updating it to handle some of the problems that are arising. Chairman Bennington asked that Mr. Fischer be requested to attend the next Board meeting so that this Ordinance can be discussed in detail with him concerning his prob- lems. In addition, Chairman Bennington referred the Board members to the letter the Board sent to David Jones, Assistant Code Enforcement Officer, last summer concerning various code violations being committed by local businesses. Specifically, he referred to the Pelican Cove West matter, wherein the Board questioned why sidewalks had not been installed in the subdivision. Mr. Jones advised the Board in a letter dated August 30, 1984, that he had contacted Ed Hall regarding sidewalk installation and that Mr. Carder was responsible for same. Mr. Jones further advised that he was still working on this and would let the Board know as soon as he meets with Mr. Carder. Chairman Bennington said he felt it was time the Board had a report of what progress Mr. Jones found out about - and also, where are the rest of the sidewalks in Pelican Cove West. If an answer cannot be gotten from Mr. Jones or Mr. Fischer, Chairman Bennington suggested they ask Mr. Alvarez to look into this matter. Mr. Poland made a motion that a letter be sent to David Jones requesting the status of the sidewalk situation in Pelican Cove West, referring to Mr. Jones' letter dated August 30, 1984. Mr. Wheeler seconded the motion. Motion CARRIED 6-0. Chairman Bennington requested that the secretary include on the next Board agenda the election of a new Chairman and Vice-Chairman. He advised that according to the by-laws, a Chairman and Vice-Chairman is to be appointed to this Board every January. The secretary advised that the new by-laws have never been received as approved by Mr. Alvarez and, therefore, the Board is presently operating without current by-laws. Chairman Bennington asked the secretary to check into this matter and find out whether or not the new by-laws have been approved by Mr. Alvarez and Council. Chairman Bennington asked Mr. Wheeler and Mrs. Thomas to check out the situation on rezoning the property on Park Avenue. They both agreed to do so and report at the next meeting. Mr. Wheeler brought to the attention of the Board the business located south on U.S. 1 that is operating as an automobile paint shop and this is not a Permitted Use in the B3 zoning. He said it is called the Big Apple and he was in there and they told him they were doing body work and priming and they have a shop in the County where they do the painting~ I Chairman Bennington said he checked into this around ChFistmas ; and asked Susan Wadsworth if they have a license for painting and she said, no. the license clearly states no painting. They are required to come before the Board for approval before issuing a licnese. He further said that they have half a car sitting on top of the building, which is a violation of the sign Ordinance. Mr. Wheeler asked the secretary to send a letter to Mr. Jones to investigate this business and report his findings back to the Board. Mr. Chenoweth asked the Board members if they had received notice of a seminar to be held in Daytona for Board members concerning Ethics. He said he would like to attend and Mr. Quaggin would probably attend. -5- Planning and Zoning Board Meeting January 16, 1985 Q Q Mrs. Thomas said she would like to attend. The secretary said she would tell the City Clerk to I~ake reservations for three Board members. There being no further business to corne before the Board, upon motion made by Mrs. Thomas to adjourn, seconded by Mr. Wheeler, the meeting was adjourned at 8:55 P.M. Minutes submitted by: Susan Mista -6- Planning and Zoning Board Meeting January 16, 1985