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02-20-1985 (.) (.) CITY OF EDGEWATER PLANNING AND ZONING BOARD MEETING FEBRUARY 20, 1985 Minutes Chairman Don Bennington called the regular meeting to order at 7:00 P.M., in the Community Center. ROLL CALL Members present: Messrs. Bennington, Wheeler, Poland, Mackie, Finn, Quaggin and Mrs. Thomas. Also pres~nt: Susan Mista, secretary and one member of the press. APPROVAL OF MINUTES Mr. Quaggin made a motion to approve the minutes of the February 6, 1985, meeting, seconded by Mr. Wheeler. Motion CARRIED 7-0. SITE PLAN REVIEWS SP-8502 - William Rossiter - Quadraplex - Gas Lite Square Lotl1. Mrs. Thomas declared a conflict of interest on the site plan for William Rossiter due to the fact she is employed with Mr~ Rossiter and will be representing him in discussion of these plans. She further advised that she would not be voting on these site plans. "Mrs. Thomas said that the plans were tabled from the last meeting because the plans did not have an architect's seal on them, which she advised they were in the process of having done; and, further, one of the apart- ments was not large enough to meet the requirements of the Code. She informed the Board that these plans have been altered and now show the size to be 754 square feet. This is in reference to Unit A on the quadra- plex at Gas Lite Square. She went on to say there are many trees on t~is site and Mr. Rossiter intends to leave all the trees that he can, which will more than comply with the Tree Ordinance. Mr. Poland asked Mrs. Thomas if Mr. Rossiter had taken care of the problem that was presented to them by Mr. Monicatti, a neighbor of Gas Lite Square, concerning a buffer at the rear of his property to Gas Lite. Mrs. Thomas assured him that that problem has been resolved. Earl Copeland met with Mr. Rossiter and barriers have been installed to prbhibit;people from driving onto his property, cutting across to get to Juniper. There being no further discussion concerning this site plan, Mr. Wheeler made a motion to give final approval to this site plan, subject to receiving an architect's sealed set of plans. Mr. Poland seconded the motion. Upon roll call, Mr. Mackie abstained, along with Mrs. Thomas. Chairman Bennington informed Mr. Mackie that he did not think he could abstain due to the City Charter. Mr. "Mackie said he would vote NO. Roll call vote CARRIED 5-1, with Mr. Mackie voting NO and Mrs. Thomas abstaining. At this time Mr. Rossiter arrived at the meeting to discuss the site plans. SP-8503 - William Rossiter - Apartment Building - East Village Green. Mr. Rossiter advised that Frank Marshall and Terry Wadsworth are working on the stormwater calculations for this project. Chairman Bennington said that there have been problems in this area in the past because the canal gets the run-off and builds up quickly. Concerning the size of culverts to be installed in this area, Mr. Rossiter advised that Frank Q o The Board members agreed that if they attach conditions to the approval, there may be a problem enforcing the conditions. It was noted that at the last meeting where Mr. Fischer attended to discuss the Fence Ordinance, he indicated that he does not have the time to check conditions that are put on site plans and he wants the Board to give him the OK to issue the permit only after all conditions or stipulations have been met. Mr. Mackie said if the Board puts restrictions on site plans and they are not followed through and complied with, what is the sense in having the Board. All of the members agreed with his statement. The members also agreed that according to the letter sent to Mr. Fischer from Connie Kinsey, she is telling him to disregard what the Ordinance says.' Mr. Wheeler made a motion to table this site plan until the City Engineer approves the stormwater calculations and an architect's sealed set of plans are received. Mr. Mackie seconded the motion. Mr. Poland said he thought Mr. Rossiter should be able to proceed with his project. He should not be penalized for a conflict of opinion between the Board and City personnel. He recommended that approval be given with conditions and find out whether or not the City is allowing construction to start prior to receiving stormwater calculation approval. Further discussion continued concerning whether or not the Building Official will comply with the Board's condition on the site plan or abide by the letter from Mrs. Kinsey. Chairman Bennington suggested an alternate motion be made stating that final approval is not given until after Mr. Ferrara approves the storm~ water calculations, per Ordinance 715.02. Upon roll call on Mr. Wheeler's motion, said motion DID NOT CARRY, 4-2, with Mr. Poland, Mr. Quaggin, Mr. Finn and Mr. Bennington voting NO. Mr. Poland then made a motion to grant final approval to this site plan, in accordance with Ordinance 84-0-3, Section 6, stipulating that no building permit be issued until stormwater calculations have been approved by the City Engineer. Mr. Quaggin seconded the motion. Motion CARRIED 5-1, Mr. Wheeler voted NO. SP-8504 - William Rossiter - 3 Quadraplexes - Gas Lite Square. Mrs. Thomas said that these plans were the exact same plans as the first site plan the Board reviewed. Mr. Poland made a motion to grant final approval to this site plan with the stipulation that an architect's sealed set of plans be submitted prior to issuing the building permit. Mr. Wheeler seconded the motion. Motion CARRIED 6-0. At this time, 7:45 P.M., Ann Thomas left the meeting due to illness. SP-8505 - Wheaton Construction for TARMAC - Storage Buildings - 200 Flagler. Chairman Bennington said that this site plan is in the PID zoning district and there are strict requirements for this zoning. Charles Wheaton and Earle Gordon were present to discuss this site plan. Chairman Bennington advised that part of the property is in the 100 year flood plain and part is not. Mr. Gordon stated that this site is in the middle of an over-all piece of property and part of it has been cut out so that in the future, if another building would be proposed to be put in there, it would stand on it's own merit concerning stormwater calculat- ions. He went on to say there are no trees or vegetation on the site due to concrete trucks driving back and forth in this area. In reading the PID zoning requirements, Chairman Bennington noted that every structure shall be at least 50' from the street right~of-way. Mr. -3- Planning and Zoning Board Meeting February 20, 1985 '-> o Gordon said there was no street. Chairman Bennington said there is also an Ordinance that says every building built must have access to a street. Mr. Gordon said they are not on any public right-of-way, it ends at the property which is a long way away from the proposed building site. Chairman Bennington read from the Code Section 710 of the PID zoning district which states that every building shall be on a lot adjacent to a public street or have access to an approved street and they shall be located on lots as to provide safe and convenient access for servicing, fire protection and off-street parking. Mr. Gordon said this site is within this huge acreage which is owned by the same company. They are not subdividing the property. The legal description that has been pro- vided is only for defining the area that is going to be used for this particular stormwater management system. Mr. Gordon explained how the long driveway comes off the main street. Chairman Bennington said the way he reads the PID requirements, you can have only one building on a lot and every lot has to have public access. Mr. Gordon reiterated that there is no lot involved in this project - it is acreage. The legal description only defines the areas of storm- water management so that the calculations can be figured for this part- icular structure, only, and not the entire acreage that the company owns. Mr. Poland said that they have taken approximately two acres out of an approximate 34 acre parcel and it is this area they want to build the structures on. Chairman Bennington referred the Board members to the Code concerning common open space requirements for this zoning district, at which time he read this section from the Code. He reiterated the stipulation that it must be located to have access to a public street, walkway or other area. He asked if there was a public street aubtting this property line. Mr. Gordon said no, the confusion is being made between the boundary line and the property line. It is not a property line. The owner owns the entire 34 acres, including this portion they want to construct these buildings on. Flagler Avenue is the public street that is extended and runs into the Lone Star property. Ron Lucas, a member of the audience, said if at some time they wish to sell this property, the State of Florida will require them to have access to a public street. In further reading the Code, Chairman Bennington pointed out that it states the gross floor area devoted to permitted use shall be in proportion to the entire complex and shall be approved by the Planning and Zoning Board and confirmed by City Council. It was Chairman Bennington's suggestion that the City Attorney review this site plan and that he be asked to attend the next meeting to - assist the Board in determining what requirements of this zoning applies to this site plan. He said he does not understand the section on common open space - does it apply to just this project or the entire acreage. Mr. Wheeler and Mr. Mackie s imul taneouslymade a motion to TABLE this site plan and ask the City Attorney to attend the next meeting to assist the Board in determining what part of this Ordinance reflects this site plan and to allow the Board members to further investigate this property. Mr. Poland seconded the motion. Mr. Poland asked that the motion be amended to state that all the documents concerning this site plan be forwarded to the City Attorney for.his review. Mr. Wheeler seconded Mr. Poland's request to amend the motion. Roll call on the amendment to the motion CARRIED 6-0. Roll call on the original motion made by Mr. Wheeler CARRIED 6-0. SP-8506 - Edwin Hall - Sk~tch Plan Approval f6r Bowling Alley artd Office Building - U.S. 1 and Marion Avenue. Ron Lucas and Ed Hall, Jr., were present to represent this sketch plan. Mr. Wheeler asked how many lanes will be installed in the bowling alley, to which Mr. Lucas replied, 32 lanes, each lane being 64' long running from the south of the building to the north of the building. -4- Planning and Zoning Board Meeting February 20, 1985 -- o o and Terry will finalize the figures on this stormwater system after the Board approves the site plan. Chairman Bennington referred the Board members to a letter that was sent by Connie Kinsey to Dennis Fischer concerning stormwater calculations. He proceeded to read the letter into the minutes and then stated that the letter reflects that the Certificates of Occupancy will not be issued until the stormwater calculations have been approved by the City Engineer. The problem with the letter is that they know the CO's aren't being picked up. He went on to say that there is a definite problem with stormwater run-off in this particular area. Mr. Poland said it was his understanding that the Building Official has said he is not qualified to give final inspection to the construction of a stormwater retention area in accordance with the plan submitted by the engineer, and he is requiring this engineer to inspect the system after it has been installed and send him a letter, verifying that the system has been installed as approved by the City Engineer. Mr. Poland asked if this procedure is being used at the present time. Chairman Bennington said that is the way he was told it was being done. He said that Mr. Ferrara told the Board not to hold up the site plans because of engineering. The engineering calculations will be approved prior to issuing the building permit. Now a letter from City Hall is issued saying the building permit will be issued anyway, the CO will not be issued. No one picks up their CO anyway. Ed Hall, Jr., a member of the audience, said you cannot move into a building until you get a CO, to which Chairman Bennington replied, he knows that this is being done allover the city. Mr. Hall then said you cannot get the power turned on and Chairman Bennington said that is being done, also. Mr. Hall said that this new procedure will allow the builders to pull a permit without having to wait for Mr. Ferrara's approval, which can take several weeks. A discussion then ensued concerning conditions that are put on site plans when final approval is given and are never complied with. Chairman Bennington advised the Board members of the problems that exist in this particular area concerning stormwater run-.off and that he does not think the Board should allow another problem to be added on to the existing problem without first having it checked by the engineer. If building permits are going to be issued and the system is not installed properly and the only recourse is not issuing the CO, then the Board is possibly creating a problem. The builder did not create the problem, the City gave him the permit to go ahead and build it. Chairman Bennington said he did not have a problem approving a site plan with a condition, as long as the condition will be met. A discussion then ensued concerning the letter from Connie Kinsey to Dennis Fischer regarding issuing building permits without having approval of the stormwater calculations from the City Engineer. With new const- ruction and the City authorizing the Florida Power and Light Company to turn on the power, there may not be a problem in requiring approval of the stormwater system; however, in an addition, which may be larger than the original structure, and there is already power on the site, storm- water calculation approval would have no bearing on a final inspection. Mr. Poland asked if the Board has authority to tell the City Clerk that they do not think building permits should be issued without approval from the engineer. Can the Board give orders to the Ruilding Inspector and City Clerk? Chairman Rennington said no, however, the Board has to approve the site plans and they can attach any conditions to them that they feel is necessary. Mr, Poland stated that the letter from Connie Kinsey, which establishes a new policy, is in violation of the Ordinance. Chairman Bennington said the Ordinance says the permit cannot be issued until the Board gives final approval. The Board can give final approval and the permit be issued and stormwater approval can come later. Mr. Poland said the Ordinance requires approved stormwater calculations, however, the policy says you do not need them even though the Ordinance requires them. ~2- Planning and Zoning Board Meeting February 20, 1985 --- r o /1 o Chairman Bennington questioned where the access roads would be located for emergency vehicles. Mr. Lucas pointed out two access roads on the site plan, one from U.S. 1 and one from Marion Avenue. A discussion ensu~d concerning the parking spaces and the Board members decided the site plan showed plenty of spaces to meet the Code requirements. Chairman Bennington said the setback and driveway requirements have been met. Mr. Lucas said they will be planting approximately 75 trees, complying with the Tree Ordinance. He asked the Board members if there is anything else he needs to provide before he submits an application for site plan approval. Mr. Mackie asked about lighting around the bowling alley. Mr. Lucas advised that they would provide adequate lighting and this would be shown on the final site plans when they are presented for approval. There being no further discussion regarding this site plan, Mr. Wheeler made a motion to approve the sketch plan, as submitted. Mr. Poland seconded the motion. Motion CARRIED 6-0. OLD BUSINESS Mr. Poland suggested that the next meeting'sllagenda include discussion concerning installation of satellite dishes. He stated he felt that some guidelines or regulations need to be established for these new systems due to the fact more and more of them are being installed. The Board members agreed to discuss this at the next meeting. A discussion then ensued concerning the letter Connie Kinsey sent to Dennis Fischer on stormwater calculations not being required before a building permit is issued. Mr. Poland made a motion that a letter be sent to the City Clerk, requesting clarification of her letter dated February 12, 1985, to Dennis Fischer, concerning stormwater calculations, advising her that the Board does "not feel that building permits should be issued prior to conditions and stipulations put on final site plan approval, and ask her what she meant by the letter. Mr. Mackie seconded the motion. Motion CARRIED 6-0. Review Section 706.00 - Fences, Walls and Hedges. Chairman Bennington referred the Board members to the letter Dennis Fischer sent them regarding the problems he was having with this Ordinance and the discussion with him at the last meeting. One of the problems was why the Ordinance says "not concrete". Another problem is where should the good side of the fence face - toward the outside of the property or inside. Also, how far from the property line can a fence be installed. Mr. Fischer suggested using 6" figure from the property line. A lengthy discussion was had concerning these spec- ific items. Mr. Mackie excused himself from the meeting at 8:50 P.M. and left. It was the Board's decision that the Fence Ordinance be amended as follows: Eliminate the wording "not concrete" and state "may be opaque"; it cannot be opaque over 2~' above the crown of the road; it may be installed 8' tall, rather than 6', for commercial and residen- tial property; set no restrictions concerning where the fence can be installed in relation to the property line; and set no restrictions on which side of the fence is to face inside and outside. The Board asked the secretary to prepare a rough draft of the recommendations that have been made concerning the Fence Ordinance and it will be reviewed at the next meeting. Review Permitted Uses in B2 zone. Chairman Bennington stated that Council requested the Board review the Permitted Uses in the B2 zone when they denied the Board's request to -5- Planning and Zoning Board Meeting February 20, 1985 ;' \ .. , o o rezone the area on Hibiscus and Guava from 20th to 30th Streets to I1. He said Council asked the Board to include in the B2 zoning any other Permitted Uses that the Board felt should be added to accommodate some of the businesses in that district that are presently in operation. It was Chairman Bennington's opinion that the B2 Permitted Uses remain as they now are. He said the Board just updated these Permitted Uses last year and he could see no sense in going over them again. The Board members agreed with him. Chairman Bennington asked the secretary if David Jones had ever answered their request for a status report on the sidewalks not being installed in Pelican Cove West Subdivision. The secretary advised that he had not answered the letter, stating that Mr. Jones indicated to her that Mr. Fischer had been discussing this matter with Mr. Carder and that Mr. Fischer would report his findings to the Board. Chairman Bennington requested that a letter be sent to Mr. Fischer, requesting that he advise them of the status ofl,the installation of sidewalks in Pelican Cove West. The Board members agreed with this suggestion. There being no further business to come before the Board, upon motion made by Mr. Wheeler to adjourn, seconded by Mr. Finn, the meeting was adjourned at 9:08 P.M. Minutes submitted by: Susan Mista -6- Planning and Zoning Board Meeting February 20, 1985