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05-01-1985 ~ o CITY OF EDGEWATER PLANNING AND ZONING BOARD MEETING MAY 1, 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, Quaggin, Mackey, and Finn. Mrs. Thomas was absent. Also present: Susan Mista, secretary, and two membe~ of the press. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the April 3, 1985, meeting, seconded by Mr. Quaggin. Motion CARRIED 6-0. SITE PLAN REVIEWS SP-8510 - Ogil Reed - Miniwarehouse - 24th and Guava. Mr. Wheeler said that this site plan was not in compliance with the City Codes in that it is 30 by 20 and a miniwarehouse cannot be larger than 10 by 20. The secretary noted that there was no one present to represent Mr. Reed. Chairman Bennington said he thought Mr. Wheeler was correct and that Mr. Reed had brought this same site plan in previously. Mr. Wheeler made a motion to TABLE this site plan until someone is present to represent same. Mr. Quaggin seconded the motion. Motion CARRIED 6-0. SP-8511 - Luis Geil for Live Oak Associates - 20 Unit Apartment Complex - Yelkca Terrace - N.W. Corner Live Oak. Mr. Geil was present to represent this site plan. Chairman Bennington informed the Board members that there is a message regarding this site plan that Sue Koser was advised by the City Engineer, Mr. Ferrara, that the calculations are OK and a letter to this effect will be sent by mail. Concerning the question from Chairman Bennington as to whether or not the trees marked on the site plan are in the exact location, Mr. Geil replied that they are approximated, they plan to keep as many as they can but the parking spaces may have to be rearranged during constructio~ Chairman Bennington referred the Board members to the comment by Earl Copeland stating that the streets along this project are too narrow, that when construction begins they will take care of that. Chairman Bennington asked who will take care of the narrow streets. Mr. Fischer agreed with Mr. Copeland, stating that the right-of-way frontage is 50' and it has not been cut. Mr. Geil said that Mr. Copeland stated the City would widen the street. Chairman Bennington asked Mr. Geil about the variance on this project that was dinied last year. Why it was denied? Mr. Geil advised that they turned the project around. If it was fronted on Live Oak they needed 200' and only had 150', so they turned it around with the access being on Yelkca Terrace and it now complies with the Code. Mr. Quaggin asked if he has submitted a set of sealed plans, to which Mr. Geil advised, no, not yet. Mr. Geil futther stated he has the required setbacks, correct distance between the buildings, less than the maximum coverage of the land, and the required parking spaces. There are 970 square feet of floor space with 10 units on the ground and 10 units on the second floor, all the same ~ 2 bedroom, 2 bath, first and second floor will be all concrete, the second floor units will have a balcony. There are three entrances and exits off Live Oak and Ye1kca Terrace. o o Mr. Wheeler said that all he could see would be needed concerning this site plan is a sealed set of plans by an architect. Mr. Poland made a motion to approve this site plan, as presented. Mr. Wheeler seconded the motion. Motion CARRIED 6-0. OLD BUSINESS Draft proposed amendment to zoning ordinance to include sale of pets in B3 zone. Mr. Mackey asked if the gentleman, Phil Langston, who requested that the ordinance be amended to include sale of pets was present to advise the Board what type of pets he proposed to sell at his place of business. Chairman Bennington said, no, when he was at the last meeting on April 3rd, the Board did not ask him to come back. It is up to the Board to decide whether or not the sale of pets should be allowed in the City and if so, what restrictions will be put on it. There is presently no place in the City that allows the sale of pets. Mr. Poland suggested that if the Board elects to approve of selling pets they should restrict it to indoor domestic animals rather than wild animal pets. Chairman Bennington suggested that it be stipulated that no boarding will be allowed. Virginia Roach, a member of the audience who lives in New Smyrna Beach, asked to be heard by the Board. She said she is involved in humane society problems being on the Board of Directors of same and interested in animal protection. She said there is a tremendous number of animals that come into the animal shelters. She quoted the figure of 2,055 animals that came into the shelter at New.;Smyrna Beach at a cost of approximately $55,000 a year to run same. She said she did not know what kind of safeguards this gentleman has, where he plans to get these animals, what kind of inspection he will have. She is worried that people will be bringing their animals in to sell and they will be coming in from allover. Safeguards need to be placed on the business. There are especially problems with selling cats, dogs and birds. She said she wanted to speak to the Board before they make a decision on this subject so that they will keep some of these things in mind. She emphasized that animal control is very costly, not only in money from the taxpayer but in suffering from dumb, helpless animals. Some people buy pets for capricious reasons and there is no control over where the animal goes from the pet shop - whether or not it will have a good home. She went on to explain that there are puppy mills around the country where animals are sold that are not in very high repute and you do not know what kind of condition of animal you are purchasing. The Humane Society is governed by a state law which requires any person adopting an animal from them to have that animal spayed or neutered which will keep down the over popul- ation of animals. Chairman Bennington said if the Board does decide to allow the sale of pets that business would have to comply with any and all regulations and/or laws of the state, county or federal government. He said it is the Board's decision to say whether or not the City should allow the sale of pets and if so, what type should be allowed to be sold and what regulations should be put on the sale of same. Mr. Poland asked if the Board has the right to tell a person he cannot engage in a business such as this, where it is legal, legitimate and unobnoxious. It was Mr. Mackey's suggestion that each case be looked at separately before approval is given to open up a pet sale store. Chairman Bennington said that each case could be required to get a Special Exception prior to issuing a license. Stringent requirements can also be put on the Special Exception. All of the Board members ~greed that restrictions should be put on the sale of pets, however~ they did not know for sure which restrictions should apply. Mr. Poland suggested that the animal control officer could check, periodically, the business for general cleanliness, hygiene, check to see that the animals are not in poor condition and are being fed and watered. -2- Planning & Zoning Board Meeting May 1, 1985 o o Mr. Mackey suggested that the gentleman who requested the sale of pets be asked to come back before the Board and advise what animals he intends to sell. Chairman Bennington sai~ the Board told him he did not need to corne hack. It does not matter what animals he intends to sell. The Board is to determine what type of animals should be allowed if they decide to recommend the Ordinance be amended to allow the sale of pets. Mrs. Roach stated there is a state law which governs the sale of pets insofar as inspecting the premises, etc., and this is done by the County Health Department. She did not know how frequently inspections are made. Mr. Poland said he felt that inspections should be done by the City's animal control officer. Chairman Bennington suggested that the Board get with the County and State and find out how they regulate these businesses, what they do, how often they do it, prior to making a final decision on this matter. It may be like everyone else - if no complaints are filed they do not inspect these businesses. Also it should be learned what an applicant to sell pets is required to have from the County and State before he can open such a business. The City Attorney should be asked whether or not an Ordinance can be prepared which does not allow the sale of, for example, cats and dogs in a retail pet sales business. Mr. Mackey made a motion to TABLE this matter until such time that all the information is received from the County and State regarding opening a pet sales business, what restrictions, inspections, and requirements are needed; also, ask the City Attorney if they can legally exclude the sale of some animals; and, to ask Mr. Langston to corne back before the Board when this subject will be discussed again to find out what pets, specifically, he intends to sell. Mr. Poland seconded the motion. Motion CARRIED 6- O. Review Ordinances from Florida League of Cities on Fences, Walls and Hedges. Chairman Bennington referred the Board members to the letter from the Building Official, Dennis Fischer, concerning problems he is having with this Ordinance. The question was raised concerning concrete fences. Our Ordinance states it should not be concrete. He referred to the Treasure Island Code concerning their Ordinance on vegetation, under right-of-way. He read this section to the Board members, from page 142. In regards to location of the fences that Mr. Fischer was having problems with, Chairman Bennington referred the Board members to the Gulf Port Code, page 476.2, which he read into the minutes, stating that construction shall be solely on the owners property; the City shall not be responsible for establishing property lines. Mr. Poland said he felt there should be restrictions in the Ordinance concerning the use of barbed wire. He said it would be OK to put it as the top two strands on a 6' chain length fence for commercial property. Chairman Bennington asked if barbed wire should be allowed in business zoning or industrial. He said some business zoning abutts residential zoning where you may have children that would want to climb the fence and possibly create a hazzard that you would not want to occur. Mr. Poland said it would be OK to be put up above the 6' mark. Mr. Mackey and Mr. Wheeler agreed that it should be restricted to the heavy indus- trial areas. Chairman Bennington read from the Gulf Port Code concern- ing fences allowed in a business district, page 478.2, Section 7-3.1(a), which states fences in a business district shall be a minimum of 6' and a maximum of 8' and may be topped with barbed wire of not more than 3 strands, provided the lower strand shall not be lower than 6'6" from the ground and angled ilinward. Chairman Bennington said Mr. Fischer suggested that commercial zoning be allowed to have 8' fences. Mr. Finn said the Gulf Port Code allows 8' fences in residential zoning, referring to page 477, paragraph (1). Chairman Bennington said he likes their Code requirements concerning visibility triangles. Chairman Bennington referred to the Dunedin Code concerning Prohibited Fences, page 468(c). Mr. Poland said he liked item (d) and (e). Chair- man Bennington suggested that items c, d, e, and f, be changed to read "Prohibited Fences and Hedges". Under item c add "a fence or hedge". -3- Planning & Zoning Board Meeting May 1, 1985 Q Q Chairman Bennington referred to our Code which states that visibility at intersections must be 50' from the point of the intersection. He said that Gulf Port only requires 20' at an intersection. It is his opinion that 50' is too much. Mr. Poland suggested to relate the size to the speed limit, for example, it be a certain level at one foot per mile of the legal speed limit in that area. Chairman Bennington suggested it be related to type of roads. We have four types of streets - locals, cUl-d-sacs, collectors and arterial roads, which is a major high capacity street. On arterial streets the 50' could apply to roads such as Indian River Boulevard. A collector street is a street which in addition to providing traffic to abutting properties, carries traffic between local streets and the system of arterial streets, like, for example, Riverside Drive or a main street in a subdivision. Then the local streets are the little streets leading to the collector streets. The Board members agreed that there were several good sections from the Dunedin and Gulf Port Codes that they could use in preparing a new Code for Edgewater. It was noted that a permit is required by the City to put up a fence. Chairman Bennington said he had talked to a man who is in the fence business and the only licensed fence builder in the City, and he was told that this man is losing a lot of jobs because people will not hire him because he pulls permits. A discussion then ensued concerning what type of construction requires a building permit and the fact that people are not pulling permits for items like sheds and fences, and they are in violation of the City's Ordinances. Chairman Bennington said he would like to see the Ordinance have the Prohibited clause in the Dunedin Ordinance on page 468 be included, with it being changed to include hedges. Add hedges to item A, B, and C. Item E does not need to have hedges added to it. Add hedges to item D, also. Mr. Poland referred to the Dunedin Code, page 470, where it says all chain link fences shall be installed with pointed ends to the ground. If you permit them to have barbed wire, it is sort of defeating and it is his opinion that barbed wire should be allowed in industrial zoning. Chairman Bennington said under the title, "Prohibited Fences" you could add chain link fences with pointed ends up and electrically charged fences. Mr. Poland said if you allow barbed wire, why not allow them to put the pointed ends up. They should be down in residentially zoned property but not in commercial or industrial 'zoned property. Mr. Finn referred to the Dunedin Code, page 469, which states fences may exceed 6' but not 8'. Chairman Bennington agreed that that was a good section to use for when you are separating commercial and residen- tial zoned property. Mr. Poland read from the Oakland Park Code under "Special Circumstances" which states that anyone who wants to do something that is not covered in the Ordinance, can go to the Boawd of Adjustments for a Special Exception, for example, if they want to put up a taller fence than is allowed in the Code. Mr. Wheeler. made a motion that this matter be TABLED until the next meeting and all of the Board members try to come up with what they feel should be added to the Ordinance from the Ordinances sent by the Florida Leage of Cities and it be discussed again at that time. Mr. Mackey seconded the motion. Motion CARRIED 6-0. Review copy of letter to Councilman Asting from Dennis Fischer regarding status of site plans. Chairman Bennington referred to item 1 of Mr. Fischer's letter concerning Ponderosa Homes and their model homes, especially the one located on Indian River Boulevard. Mr. Fischer says the setback is 61'.6", which is within the 60' requirement. A drawing shows the fence is set inside the property line, which is 61'.6" away from the building. -4- Planning & Zoning Board Meeting May 1, 1985 o o In reference to item 2, Edgewater Glass, Chairman Bennington stated that Mr. Fischer said that the structure has been completed and a CO was issued. It further states the stormwater management system has been confirmed by a registered engineer; landscaping has been done over the septic tank area; additional work is to be done on the front of the building; the owner has assured him the appearance will be made to comply with any and all Planning requirements. Chairman Bennington said his question is why were these people given a final when they have not finished their landscaping. Other builders have said they have to have all of the sod and landscaping in before a final or CO is given. He went on to say a planted buffer was not out front last week. Mr. Mackey asked why Edgewater Glass was given a final when all of the items on the site plan have not been complied with. Chairman Bennington said he did not know, that is why he asked Mr. Asting and this is the answer he received from the Building Official. A discussion then ensued concerning why everyone is not treated alike. Chairman Bennington said it was his opinion that we are not using the same rule book for everyone. Mr. Mackey agreed. Mr. Wheeler said someone is showing partiality. Mr. Mackey said you have to just say this is what you have to do or else, and that is it. Mr. Wheeler said the problem is the Code is not being enforced. Mr. Wheeler asked why he was given an OK, the man who owns Edgewater Glass. Chairman Bennington said he understands the way it is working now is the City Engineer, Mr. Ferrara, is relying on the letter from the engineer who did the original engineerin~ receiving a certified letter saying' it has bee.n put in as on the original site plan. My. Mackey asked if it would be better to have the City Engineer go out and look at the final project after he receives the OK from the builder's engineer to be sure the project does comply with the original site plan, irregard- less of the cost to the City for his time. Chairman Bennington said it does not cost the City, the cost is passed onto the applicant or builder. Chairman Bennington said he has some items on this Edgewater Glass project that have not been complied with: the garbage has not been defined; the loading zones are not defined; no sod in the swales; no planted buffer in front; parking is not defined - there is a shell driveway and the new Ordinance states hard surfaced. The parking was sent to Council one way by the Board and it was amended on the floor to state "paved parking". None of these items are there and the man has been given a CO - why was he given a CO when he did not finish. Mr. Wheeler suggested that a letter be sent to Council asking them why he was given an OK when he has not finished the job. Chairman Bennington said Mr. Asting has already inquired why he was given an OK and this is Mr. Fischer's answer to Mr. Asting. We are merely giving our opinions on the answer. Under the item concerning Pelican Cove West, Chairman Bennington read Mr. Fischer's answer stating there is no office equipment in any of the homes that are for sale. If questionable practices are being done, Mr. Fischer suggested contacting the real estate licensing board for thAir opinion. Chairman Bennington said he ,was at the Council meeting when ~ model homes were discussed and' Council said no model homes, they could have open houses butno model homes. At that meeting, Council decided to send this to our Board and it will be discussed later on the agenda. Concerning Downtown Edgewater Plaza, Chairman Bennington read from Mr. Fischer's letter concerning the stormwater management system which states that the original system has not been installed according to the approved site plan. Mr. Ferrara is involved with the engineer for Belmont Homes, working on a solution to the property. After the plans have been revised and approved by the City Engineer, the revised plans will be sent to the Planning and Zoning Board for approval.2_Chairman Bennington said the questions he asked Mr. Asting were if the drainage is approved by the engineer a whole section of parking spaces has been taken out and, in addition, why was the restaurant given a CO, the -5- Planning & Zoning Board Meeting May 1,' 1985 o o pavement has been poured and none of the trees have been planted. Ref- erence was made to the City Engineer's letter to the Building Official, stating that he approves of the City issuing a CO to the restaurant but no other CO's will be issued until the stormwater system has been installed and approved by him. Chairman Bennington said the City Engineer does not have the authority to OK issuing a building permit when a site plan has been changed. Only this Board can determine a change in a site plan. The CO was issued, a city license has been issued, there is a business operating there and Chairman Bennington said it was his opinion that this is illegal per the Code. He went on to say he has asked why and no one can answer him. When he asks why he is told the engineer OKld it, saying the drainage was OK for the restaurant, however, no one has authority to amend a site plan but this Board. The people issuing the licenses and the COs do not have the right to amend the site plan, either. This is the question Chairman Bennington said he is asking Council. Who did it, why, and what are you going to do about it. Chairman Bennington said the Board still does not have an answer about the sidewalks in Pelican Cove West that they asked the Building Official. He said he knows the attorney advised Mr. Fischer that Mr. Carder is liable for the sidewalks. A discussion then ensued concerning how is liable for the sidewalks and who is to make sure they are being installed. NEW BUSINESS Review memo from Council and make recommendations regarding requirements for model homes. Chairman Bennington said there were two Council meetings on this subject. Several of the Council members were against allowing model homes in a residential area. He then read from the Council minutes regarding how the Council felt about this. In summary, it was the opinion of the Council that a business should not be allowed to operate in a residential district. At that Council meeting they changed the wording from "model home" to "open house";requirements, (any wording of "model homes" is to be changed to "open house"); under the first paragraph they added the word "zoned" to residential areas; no changes in paragraph 2; under par- agraph 3 they inserted the word "office" before furniture - they added at the end of the paragraph, "finalizing of all deals must be concluded at the real estate office"; paragraph 4 they changed open hours of ins- pection to "daylight working hours"; paragraph 5 they added "annual renewable permit for_a model will be required". Mr. Poland suggested that it be added to item 5 that the renewed permit should be displayed in the kitchen area. Chairman Bennington suggested the word "prominently" be added - "prominently displayed" in the kitchen. It should be displayed on a kitchen door or refrigerator door. He also thought a copy of the Ordinance should be displayed along with the permit. A discussion then ensued concerning the problems arising from allowing these open houses with parking, traffic, etc. Mr. Poland suggested the wording be changed to "display models", that it be made clear that the particular house being shown is not for sale. Mr. Finn said an "open house" is for sale. The "display model" would not be for sale. Chairman Bennington suggested that it be changed to read, "Display Model Home Requirements". The Board members agreed with this suggestion. Concerning the traffic problems that may arise, Mr. Poland said they could not prevent the traffic problems unless you only allow these homes in non-residentially zoned land. The Board members agreed that the Ordinance stipulate that only one employee be allowed to work in each home. No sales will be permitted on the premises. In the paragraph stating no deal can be made on the premises, it was agreed to change that word to "contract". The Board members asked the secretary to type up the changes that have been discussed and bring them to the next meeting. -6- Planning & Zoning Board Meeting May 1,. 1985 o o Review letter from Dennis Fischer concerning lawn mowers and chain-saws being a Permitted Use in I2 zone. Chairman Bennington said the letter from Dennis Fischer asks if the garden type machinery and tools could be considered a Permitted Use under Farm Machinery. Mr. Poland said that he is in the lawnmower business and the Federal Government classifies the lawnmower industry as farm equip- ment. The Board members agreed that this is farm equipment. Mr. Wheeler made a motion that a letter be sent to Dennis Fischer, advising him that lawnmower equipment is a Permitted Use in the I2 zone under the topic, "Farm Equipment". Mr. Finn seconded the motion. Motion CARRIED 6-0. MISCELLANEOUS Mr. Wheeler suggested that the Board hold only one meeting a month during the summer, the first Wednesday of each month. He said if something comes up that needs attention prior to the next meeting, a special meeting can be called for that purpose. Chairman Bennington agreed with his suggestion, providing the by-laws will allow them to meet only once a month. Mr. Wheeler said he has checked the by-laws and there is nothing in them to disallow one meeting a month. He also suggested it be for the months of June, July, August, September Mr. Wheeler then made a motion that the Board meet on the first Monday of the month, only, for the months of May, June, July, August, September, seconded by Mr. Mackey. Motion CARRIED 6-0. Robert Garthwaite, a member of the audience, asked a question of the Board. When rezoning property, he asked if it could be possible to notify the abutting property owners, by mail, of property that is to be rezoned. The Board members said it was their understanding that all abutting property owners are to be notified of rezoning, per the Ordin- ance. Mr. Garthwaite said he could not find that stipulation in the Code Book but he would look again. He said the Board of Adjustments notifies the abutting property owners of requests for changes but he could not find anything relating to rezoning and notifying abutting property owners. Chairman Bennington asked the secretary to check on this and report back to them at the next meeting. She agreed to also check the State Statute for this requirement. 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 8:58 P.M. minutes submitted by: Susan Mista -7- Planning & Zoning Board Meeting May 1, 1985