Loading...
04-03-1985 ~ u Q CITY OF EDGEWATER PLANNING AND ZONING BOARD MEETING APRIL 3, 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. Finn, Quaggin, Poland, Mackie, Wheeler, Bennington, and Ann Thomas. Also present was secretary, Susan Mista. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the March 20, 1985, meeting, seconded by Ann Thomas. Motion CARRIED 7-0. SITE PLAN REVIEWS SP-8223 - Harold Brown - Apartment Complex - U.S. 1 and Magnolia. Earl Wallace was present to represent this site plan. Chairman Bennington explained that this site plan was presented over a y~ar ago and was denied by the Board of Adjustments and was then settled in Court and approved. Mr. Wheeler said that the stormwater calculations is all the Board can vote on. Chairman Bennington agreed, stating that the City Engineer has submitted a letter, approving of the stormwater system, as submitted. A discussion then ensued concerning the paving of the parking areas and driveways. Mr. Wallace informed the Board that the entire area will be paved with concrete or asphalt, type 1, which is for light traffic. Chairman Bennington read the letter from the City Engineer into the minutes which approves the stormwater management system that has been reviewed by him. Several people in the audience stated that they did not want the entrance to this complex onto Neptune Drive because of the traffic that it will cause in this area. Mr. Mackie began discussion concerning the concern of the residents around this proposed project insofar as the water run-off and the problems that could arise with the water running onto their property, causing possible flooding, etc. Chairman Bennington referred to the letter from the City Engineer which states if they develop the run-off system as indicated on the plans, there will be no problem. Mr. Wallace went on to explain to the Board and members of the audience how the berm system that is planned will take care of all of the water on this property. Discussion went back to the driveway for the entrance being located onto Neptune Drive. One member of the audience stated that Neptune Drive is not wide enough now to accommodate two vehicles passing each other in opposite directions. With 48 parking spaces designed for this project, the citizens were concerned about the number of vehicles having to use this narrow road. Chairman Bennington said he did not know how wide the street was but it should be up to City standards. The residents stated that they thought U.S. 1 should be used as exit and entrance. Mr. Wallace advised that the DOT prefers that the main entrance and exit be situated onto a secondary road and he stated that they have designed the project for the best judgment of the City. Chairman Bennington said that the Board cannot force the developer to put the exit and entrance onto U.S. 1. The Comprehensive Plan says to discourage commercial traffic onto the highway - this is not commercial traffic. ~ Q Chairman Bennington noted that some of the Board members were not on this Board when this project came before them a few years ago and are, therefore, not familiar with the project. However, he stated that the site plan was approved by the Department Heads and the Board when it was first presented and all that is required at this time is for the Board to approve or disapprove of same regarding the report from the City Engineer concernmng the stormwater system. Ann Thomas made a motion to give final approval to this site plan. Mr. Wheeler seconded the motion. A lady in the audience asked the Board about fire hydrants, stating there are none within 400'. Chairman Bennington said there were no comments from the Department Heads concerning this, therefore, there is no concern on their part for a need for same. The lady then asked who she was to sue when the sewers back up into her house. Chairman Bennington said he understands her concerns, however, you have to have reasons and grounds to tell someone they cannot do something when they are complying with the City Codes. He went on to say that the Depart- ment Heads and the judge has ruled that the facilities, as submitted, are adequate. Upon roll call on Ms. Thomas' motion, motion CARRIED 6-1. Mr. Mackie voted NO. OLD BUSINESS Review request from Alfred DeCubellis for permission to operate wholesale used car business in B2 zone. Chairman Bennington referred the Board to the request from Mr. DeCubellis at the last meeting to receive permission to operate a wholesale used car business in the B2 zone. This was tabled from the last meeting because there were only four Board members present. He said he wants to be able to buy used, wrecked vehicles, fix them and take them to auction to sell. He needs a license from the City to do this and he cannot get a license from the City because of the zoning, it is not listed as a permitted use in the B2 zone. He went on to say that when it was discussed at the last meeting, the members were concerned that if he is allowed to operate this business, other people would have to be allowed to operate the same type business, which may be on a larger scale, and this B2 is so close to residential zoning, maybe it should not be allowed so close to the residential zoned properties. Mr. Mackie made a motion to deny Mr. DeCubellis' request, seconded by Mr. Wheeler. Motion CARRIED 7-0. Review ordinances from Florida League of Cities on Fences, Walls and Hedges. After a short discussion concerning the ordinances that were provided from the Florida League of Cities, the Board members agreed to TABLE this matter to the next meeting to allow more time to go over the ordinances that were provided, noting the sections from same that they thought should be incorporated into the City Ordinance. Mr. Wheeler made a motion to TABLE this matter to the next meeting, seconded by Mr. Mackie. Motion CARRIED 7-0. Chairman Bennington asked to bring up a matter under Old Business and referred the Board members to the letter dated December 6, 1984, from Belmont Homes in reference to SP-8318 - Downtown Edgewater Plaza. He read the letter into the minutes which stated that Mr. Carder wants to sell these units as condominiums, rather than renting them, and the financing agents require that the buildings be recorded as condominium form and approved by the Planning Board. He said he had not changed the original site plan, he only wanted to sell the units as condos. Chairman Bennington advised that he looked at the original site plan -2- Planning and Zoning Board Meeting April 3, 1985 ~ ~ o the other day and found that half the parking is missing, the drainage 1S not in as it shows on the plans, where the parking is supposed to be there are big swales, the pavement is in, none of the trees are in, and it is not anywhere near in compliance with the original site plan. Chairman Bennington suggested that the Board ask the Building Official to enforce the Ordinances. He went on to say that Mr. Carder is asking that the plat be approved by this Board and signed by the Mayor, after Council approves same. There is a pizza place in operation there at the present time. Mr. Wheeler said he thought Mr. Carder sold the building that contains the pizza place. Chairman Bennington said the State said he could not do that, and someone is not enforcing the ordinances of the City of Edgewater. He said this project has been tabled, pending the engineer saying that the drainage complies, however, the Code Book states that no one can change that site plan but this Board, not the attorney, not the engineer, not the Council, no one can change it according to the Ordinance, and he has never come back with the changes in the plan. None of the landscaping has been put in, one whole row of parking is missing. Mr. Mackie said to send a letter to the Building Inspector and have him shut it down until he complies with the Code. The way the paving is in, Mr. Bennington said, they have no intention of putting in the landscaping or proper drainage, or the rest of the parking - they can't, there is a hole there. Mr. Poland asked if there was power to the rest of the buildings, to which Chairman Bennington said he did not know. He said it would be interesting to know how they sold the one building, how did they get the power turned on, how did they get a license from the City. A brief discussion went on as to why the builders do what they are not supposed to do, how the City can stop them from violating the Code, and it was the opinion of the Board that they are doing what they are not supposed to do because they are getting by with it. Councilman Asting asked if he could make a suggestion that the letter that the Board sends to the Building Official, concerning the letter Mr. Carder sent the Board in December, and the concerns of the Board, that a copy of same be sent to Council as an information copy. Chair- man Bennington agreed with his suggestion and he told Councilman Asting that the Board feels that they serve on the Board to enforce the Ordin- ances of the City, but they are wasting their time to enforce the Ordin- ances if no one is being sure they are complied with. Mr. Mackie made a Motion that a letter be sent to the Building Official to check on this situation and that he send his findings to City Council. Chairman Bennington suggested that since Council is to receive an information copy it should be put in the letter that someone has authorized the power to be turned on, someone issued a license, and they might want to look into who did it and why. Mr. Mackie said it would have to go to the Building Inspector and he has to issue the license and it would be up to him to say yes or no. Nr. Wheeler seconded the motion. Motion CARRIED 7-0. MISCELLANEOUS Mr. Phil Langston aked the Board if they would answer a question for him concerning his opening a pet shop in B3 zone for the selling of pets. Mr. Mackie said the Ordinance was written to keep animals out _ no overnight boarding. Chairman Bennington asked if he would be selling pet supplies and pets or both, to which Mr. Langston replied, both. Chairman Bennington said the Code allows animal clinics but no outdoor boarding. Mr. Langston said he wanted to sell small caged animals, such as birds, rabbitts, guinea pigs. A discussion then ensued concerning what is written in the Code, how it is written and whether or not the Code should be amended to include this type of business, including the legalities of excluding certain type of animals. Mr. Poland made a Motion to TABLE this to the next meeting and draft a proposed amendment to the zoning Ordinance to allow the sale of pets in the B3 zone. Ann Thomas seconded the motion. Motion CARRIED 7-0. I I I There being no further business to come before the Board, upon Motion made by Mr. Wheeler to adjourn, seconded by Mr. Mackie, the meeting was adjourned at 8:10 P.M. Minutes submitted by: Susan Mista -3- Planning and Zoning Board Meeting April 3, 1985