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01-16-1986 , u u CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 16, 1986 9:00 A.M. COMMUNITY CENTER Chairman Bennington called to order a regular meeting of the Planning and Zoning Board at 9:00 A.M., January 16, 1986 in the Community Center. ROLL CALL: Members present were Messrs. Jake Wheeler, George Quaggin, Fred Finn, James Mackie, Paul Loeffler and Don Bennington. Also present were Connie Martinez, City Clerk and Administrator, Dennis Fischer, Building Official and Jan Morris, Secretary. APPROVAL OF MINUTES: The minutes of January 02, 1986 were presented for approval. Mr. Mackie made a motion to approve the minutes. Mr. Loeffler seconded the motion. Minutes APPROVED 6-0. ELECTION OF OFFICERS: Considering the lengthy agenda, Mr. Mackie made a motion to table the election of officers until the next meeting. Motion seconded by Mr. Wheeler. Motion CARRIED 6-0. SITE PLAN REVIEW SP 8525 Mr. Michael Faidley was present to discuss this site plan. Mr. Bennington read a letter from the Building Official in reference to the shell parking area. He recommended that the Board consider a change in the section of the code requiring hard surface parking area to exempt locations that do not abut on an already existing paved street with the stipulation that if the street is paved in the future the parking lot must be paved to conform with the regulation. Mr. Bennington said they have been requiring paved parking for one and one half years and he didn't think it would be fair to stop now. The landscape and tree ordinance was discussed. Mr. Faidley explained the site plan was for an addition to an already existing business. Mr. Loeffler made a motion to accept the preliminary site plan. Mr. Wheeler added providing he comes up with the landscaping and if the street is paved he will have to pave the parking lot. Mr. Bennington said said that was in violation of our ordinance which says it will be paved now. Mr. Wheeler stated he would withdraw that last. Mr. Loeffler:stated we are just accepting the preliminary plan. Mr. Faidley remarked he had wanted a final. He was informed the Board could not give him final approval. Mr. Loeffler stated that all they were doing was telling him they would go along with his plans if it meets all the zoning. Mr. Bennington stated the motion was to give preliminary approval pending he brings everything up to code. Mr. Faidley was informed he needed twelve hard surface parking spaces and to landscape the site. Mr. Wheeler seconded the motion. Motion CARRIED 6-0. CERTIFICATE OF ZONING REQUESTS COZ 86-01 MIKE MULLINS 1-1 MANUFACTURE OF ROOF AND FLOOR TRUSSES Mr. Mullins was present to discuss the certificate of zoning. Mrs. Martinez, City Clerk and Administrator read letters which she had received objecting to the Truss Plant. The letters were from Mrs. Erwin Hartman, Laura and Michael Chance and Grace Manwaring, all residents of Eastern Village Mobile Park. The letters were in reference to the noise and fumes from the Plant. Mr. Ralph Racca was also present to object to issuing this certificate of zoning. The Board explained that if the zoning codes were met they had to approve the certificate. of zoning. Mr. Racca stated that noise level test had been performed by the City and a private company. He said that the noise level exceeded the limit. Mr. Fischer, Building Official, stated the test were performed by a independent company which found the'plant within the noise level requirements. Mr. Mullins stated the reason they are applyfug for a new license is the City could not find where occupation license had ever been issued to the old company. He also stated that he had come unprepared to anawe~ all these complaints not knowing it would be a part of u u this meeting. Mr. Mullins stated that the Code Enforcement Board had found them in compliance with the noise level ordinance. Mr. Mullins also related that they made offers to plant trees and erect fencing but nothing had been resolved with the residents ~f the mobile home court. Mr. Mul+ins explained he has eleven employees but hopes to increase it to sixteen or seventeen. The Board found the plant to have adequate parking. Mr. Bennington stated the Code Enforcement Board, which is basically a court, has ruled the plant is in compliance. He said the land is zoned industry and also the Board was not issuing a license they were reviewing the application to see if it complies with the zoning requirements. Mr. Wheeler made a motion to approve the certificate of zoning. Mr. Loeffler seconded the motion. Motion CARRIED 6-0. COZ 86-02 ROBERT AND KATHLEEN POULIN USED FURNITURE SALES B-3 Kathleen Poulin was present to discuss this certificate of zoning request. The request was to locate a used furniture store at 928 South Ridgewood Avenue. The parking was discussed and it was determined that parking spaces, entrances, exits and driveway needed to be hard surfaced. The Board informed Mrs. Poulin. that she needs to show the dimension~ of the parking, the handicap spaces, location of the parking spaces and the paving. Mr. Wheeler made a motion to table the COZ until Mrs. Poulin returns with the changed plans to show all the requirements for her business. Mr. Loeffler seconded the motion. Motion CARRIED 6-0. COZ 86-03 JOSEPH L. GARBOWSKI P.I.D. TRUSS MANUFACTURING Mr. Garbowski was present to discuss this certificate of zoning. Access to the property was discussed. Mr. Garbowski assured the Board he was working out access with the FEC. He also stated there was three possible access routes to the property. The parking was discussed during which time Mr. Garbowski stated there was about thirty parking spaces in front of the building and it is all paved. It was stated that a truss plant had been located at this site in the past. Mr. Wheeler made a motion to approve the COZ. Motion seconded by Mr. Mackie. Motion CARRIED 6-0. The meeting was recessed for five minutes at this time. Reconvened at 10:10 A.M. with Mr. Wheeler being excused due to a family emergency. COZ 86-04 VERNON B. DOVER B-2 REAL ESTATE SALES Mr. Dover was present to discuss this certificate of zoning. Mr. Dover said this is for a real estate sales office to be located at 1804 Hibiscus Drive. Mr. Dover stated that they have three parking spaces in the front and eight on the side of the building. Mr. Loeffler made a motion to approve the COZ. The motion was seconded by Mr. Mackie. Motion CARRIED 5-0. COZ 86-05 NORMAN E. WILLIAMS ALL PRO FABRICATION (RACE CAR MANUFACTURING) Mr. Paul Taylor was present to discuss this certificate of zoning. This business is to be located at 821 Park Avenue. Mr. Bennington stated that Mr. Williams had been to the Board of Adjustments for a special exception which had been granted. The Planning and Zoning Board had reviewed his application for a special exception at their January 02 meeting. Mr. Taylor stated they have four parking spaces, the whole front is paved and the customers can go completely around the building. Mr. Loeffler made a motion to approve the COZ. Mr. Mackie seconded the motion. Motion CARRIED 5-0. COZ 86-06 SHIRLEY JEAN KOCHIS B-3 SHIRL'S USED FURNITURE SALES Mr. Bennington stated that this certificate of zoning application had been withdrawn. -2- Planning and Zoning Board Regular meeting minutes January 16, 1986 u u COZ 86-07 FRANK P. BYRNE TERRY'S HOTDOGS (SERVICE ESTABLISHMENT) Mr. Byrne was present to discuss this certificate of zoning. He said he would have a mobile stainless steel hotdog cart which he would be taking home in the evenings. Mr. Mackie asked if Mr. Byrne intended to just park the cart there or if he would be touring the City with it. Mr. Byrne replied the wagon will be parked there from about 10:00 A.M. to about 3:30 P.M. and he will not be driving around the City. He stated he could get a peddlers permit from the County and go anywhere but he wanted to stay in one location. There was a discussion on what the Health Department would require and the traffic flow on the highway. A motion was made by Mr. Loeffler to get more information from the Health Department and Police Department before making a decision. Motion seconded by Mr. Mackie. Motion CARRIED 5-0. COZ 86-08 BARRY'S HYDRAULIC SERVICE PAUL TAYLOR Mr. Taylor was present to discuss this certificate of zoning. This is a hydraulic service and repair to be located at 82l-B Park Avenue. Mr. Taylor said he was petitioning off a part of the All Pro Fabrication Shop to use as his hydraulic repair business. He is a partner in the All Pro Fabrication Shop. Mr. Taylor stated he would not have machinery coming in to repair, it would be hoses he would be replacing mostly. He added if any machinery were to be repaired the customer would have to tear it down and bring in the hydraulics. He stated there would be no actual drive in or walk in customers. Mr. Loeffler made a motion to accept the COZ. Motion was seconded by Mr. Mackie. Motion CARRIED 5-0. OLD BUSINESS: COZ 85-58 ALFRED A. DECUBELLIS B-3 AUTO SERVICE TYPE B Mr. DeCubellis was present to discuss this certificate of zoning. Mr. Bennington stated this had been tabled at the last meeting and Mr. DeCubellis was to bring back something to show them where it is, how it is laid out and it has to comply with the parking code. Mr. DeCubellis stated he wants the option to repair his customers car or maybe a customers daughter's car. He said he was not going to put up a sign or advertise because one man could only do so many things. Mr. Bennington stated Mr. DeCubellis now has a license for used car sales and now wants an additional license to run a garage. Mr. Bennington said he still had not submitted anything they could use for parking. It had been explained at the last meeting they needed a drawing showing the parking spaces, the size of the spaces and they must meet code. He said the only thing different was they now had some measurements and showing them where the building is. Mr. Bennington informed Mr. DeCubellis he would need to show the parking for both businesses. Mr. Bennington suggested Mr. DeCubellis pick up a copy of the parking code so he would know what was needed in order for the Board to make a decision. Mr. Bennington read from the minutes of January 02 in relation to what had been asked of Mr. DeCubellis. Once again Mr. Bennington informed Mr. DeCubellis that he needs to show the size of the parking, the location and how they get off the street. Mr. Loeffler noted he has plenty of land he just doesn't show the parking. Mr. Mackie made a motion to table the COZ until they get further information. Mr. Finn seconded the motion. Motion CARRIED 5-0. PRELIMINARY PLAT SP-8534 CHEROKEE RIDGE MASSEY ENTERPRISES R-l Mr. Bennington stated what they needed on this preliminary plat was stormwater, side walks and the trees and landscaping. Mr. Massey said the stormwater was completely drawn up and sitting in Frank Marshall's office. and they had discussed last time these would be submitted to Mr. Ferrara for his approval. Mr. Massey informed the Board he did have the preliminary plat modified to show the side walks and after reading the tree and landscape ordinance and finding it applied to individual lots they made notations on the plat that each builder will be required to comply with. This being done before the plat is registered it becomes a part of the public record and would be binding on these builders. Mr. Bennington said if they approve it that way it would put portion of the landscaping on the Building Official and he normally doesn't have that on single family homes. The Building Official said he would not have any problem with the enforcement of the landscape restrictions on Mr. Massey's plat. Mr. Massey stated they would like to handle the sidewalks the same way because they would be torn up during construction. He was told he would have to make a determination for the location of sidewalks but could pave the sidewalks when he paves the drive. Mr. Massey related that he was going to retain the responsibility for the sidewalks so that they would look good and be uniform After a lengthy discussion Mr. Loeffler made a motion to approve the preliminary plat pending engineer approval. Motion was seconded by Mr. Quaggin. Motion CARRIED 5-0. -3- Planning and Zoning Minutes January 16, 1986 ~ u SET BACK ENCROACHMENTS FOR THE ENTIRE CITY Mr. Bennington said he had a couple recommendations that came out of the meetings they had. He stated they had a meeting that lasted almost all day last Friday with Connie, the Attorney and Himself and another one on Tuesday. He said they were researching Pelican Cove West as to what exists and what doesn't. A couple of things that came out of it effects the setback encroachments for the entire City. One of the things was the minimum of ten feet on anything for fire reasons. There was a lengthy discussion about the set back encroachment recommendations made by the Building Official. His recommendations were: 1. Air Conditioners 3.5 feet into the yard, 2. Awnings 3 feet into the yard, 3. Balconies 5 feet into the yard. 4. Fireplaces 3 feet into the yard. 5. Driveways 5 feet from sides and rear property lines with the exception of zero lot lines, 6. Overhangs 3 feet into the yard, 7. Sills 1 foot into the yard, 8. Screen room, Florida room, roofed patio (roof with three sides open) shall not extend into set backs for that areas required zoning. The following was included NOTE: In no case shall the encroachment exceed 50% of the minimum yard dimension. These encroachments allowed in side and rear yards only. The definition of screen room was included also: An addition to the existing structure most commonly attached to the fascia board, aluminum in nature, with roof and three sides open. The Board decided that fireplaces were part of the structure and eliminated that set back encroachment. Mr. Fischer stated these encroachments are things that are not normally on the house at the time of construction. While discussing the patios and screen rooms Mr. Bennington related the Attorney said they should just tell people they can't put things in their setback period because if you can't put it out there you can't come back and enclose it when the Building Official is not looking. Mr. Bennington also said this would solve the problems like Phase I of Pelican Cove West. They are telling us they have a problem and are asking for a solution but at the same time we want to make sure it doesn't happen again. That is why if we change the whole thing it is going to affect the whole City. This should be working in conjunction with the zoning of Pelican Cove West so let's refer to that. ZONING OF PELICAN COVE WEST Mr. Bennington reported basically what was determined on Pelican Cove West was the Attorney says by DeFacto or DeFault it is R-4. Because the attorney at that time said treat it as R-4 and the fact that the City has been treating it as R-4 for like three years. He says you are zoned R-4 due to default. Mr. Bennington stated he doesn't remember whether we actually have to physically zone it or not but at the same time we want to make recommendations to Council how we want to handle Phase I. I think our recommendation was that R-4A all setbacks be the same as R-4 with the exception of patios may extend within ten feet of the rear property line. Mr. Fischer said we are applying the same as fire separation, the sides, and the rears. We think that there is no reason we should reduce the rear set back less than ten feet. Mr. Bennington related to the Board that when Planning and Zoning approved the plat that was looked at it showed Phase I and II and showed them both as duplexes. Now the plat that was apparently signed and on file in the County only showed Phase I. He said he knew there was three of four days research that went into this. He also stated that variances were granted and there was 80% talked about and various things but basically what the conclusion was that the Planning Board at the time looked at the whole project as R-4. It has been treated as R-4 all along and the final concurrence was that the variances did effect the whole project due to that 80% and also due to the fact the people were lead to believe they were discussing the whole project. Mr. Mackie asked if this is applying throughout the City I assume this is mostly directed to this kind v of situation a duplex and so forth. Mr. Bennington stated right (referring to the set back encroachments) we are talking about everything. Mr. Bennington stated Pelican Cove West Phase II plat has been submitted to the City for signatures. Everybody is determined that these footprints are on that plat. On the plans approved by this Board or past Board is the only thing that can be built there. Anything different would have to be brought back for changes This means that things that happened in Phase I shall not happen in Phase II. Without site plan re-approved there are some lots shown vacant that will have to stay vacant unless there is some kind of change or approval. Mr. Loeffler asked if we could not just accept these houses that are already built as constructed as permanent, just accept this for those seventeen houses and anything after that would have to come in for a special exception. -4- Planning and Zoning Minutes January 16, 1986 -, u u A discussion ensued between some residents of Pelican Cove West Phase I, The Board and the Building Official. Mr. Fischer said if this regulation is passed and the proper building permits are applied for prior to construction, then there should be only one existing building at eight feet. Mr. Fischer also related the thing is the rear wall of the screen room will not be allowed to be installed to the end of the present slab on the ground. You will have to take from the rear property line bring it back ten feet pop a line on it and that is where the screen room location will be. You will have what is called a lip or an ear on the back side. Mr. Bennington said 'if we, delete that term the next thing down screen room, add regular patio in there with that shall not extend into the set back for the areas required zoning. He said that will stop it anywhere, now this will mean when he builds a house in Phase II or if anybody builds a house in Florida Shores they can not pour a concrete slab within the set back area. If they can't pour it they can't enclose it. Phase I, we are going to change the zoning on it so you can do it. If in fact he cut the wall down, it's his wall and property, he can sell those people anything he wants. He can sell them a hundred, two or fifty feet or whatever, but his plat can not differ from what was approved. Mr. Bennington said this man has been told the City is not going to bend any further and if he does this again and promises these people they can put up patios then Dennis is going to go in and make them tear them down and they can sue the man. Mr. Bennington stated in Phase II the set backs will be twenty feet because his variances were granted with the twenty feet set back. The non-conforming lots and their setbacks were discussed. Mr. Fischer explained some of the problems he has had with the set backs such as air conditioners being put right under a neighbors bedroom window. He said if it is not in the Code Book they can not enforce it. Pelican Cove West and the patios were discussed again. Mr. Bennington stated the impression he got was we have been told to treat this land as R-4. It is R-4 by DeFacto. If you try to go zone it something else you will have problems. Mr. Loeffler made a motion to recommend to the City Council that Pelican Cove West Phase I be zoned R-4 and accept the pre-existing patios as of this date. A discussion ensued as whether this would be spot zoning. Mrs. Martinez said she would ask the Attorney this and find out if it can be done that way. Mr. Finn left the meeting during the discussion. The motion was seconded by Mr. Quaggin. Motion CARRIED 4-0. SET BACK ENCROACHMENTS FOR ENTIRE CITY This subject was discussed before and in conjunction with Pelican Cove West. Mr. Bennington said without passing these set back encroachments we are going to end up with the same problem in Pelican Cove West Phase II as in Phase I. Mr. Loeffler said yes, but the slab can't extend into the set back. Mr. Fischer said it can now, you can pour concrete to all four corners now if you want to. Mr. Loeffler made a motion to recommend to the Council that the set back encroachments and definition of screen room be adopted. Motion seconded by Mr. Mackie. Motion CARRIED 4-0. SET BACK FOR RIVERSIDE DRIVE Mr. Fischer said the Board had decided that they should review the site plans for R-lA prior to issuing permits. Mr. Fischer furnished them with copies of a site plan of John Gross's house plans and property. He explained the site plan. He said a portion of the total property is in Edgewater and told them they were looking at the total property with a pie piece of the first one hundred twenty eight feet diagonally flowing out in the New Smyrna lines. He pointed out the house location and said the lot and the width of the house is approximately one hundred thirty three feet. He said this is a lot that doesn't give all the vegetation and water line. Mr. Fischer stated he has been at the location and approximately 30 feet from the water's edge has been maintained. This is the question when I was asking for that thirty feet from the high water mark, How do we determine a high water mark on a piece of property such as this one up there that rises and falls. There are some pockets with water in it from rainfall and you notice on there on the orginial survey of the property the approximate vegetation line and at the top of that it has the westerly right of way intracoasatl water. Now some of that land is submerged. So what we are looking at here is a rear set back we haven't got in concrete yet, the thirty feet to the high water mark. Presently our book on this R-lA says in the rear of the structure to the back of his property line thirty feet. This house location to that direct property -5- Planning and Zoning Minutes January 16, 1986 u u line closest to scaling runs a hundred and fifty. Granted some of that is submerged or sem-submerged. There is approximately thirty feet plus or minus to t.he house location. This is one of the reasons that I think in that R-1A zone that we ask for the average high water mark on the survey. This can be determined by a surveyor but if we ask for mean high tide that becomes a survey in itself. This is talking to Lucas, Cory and the rest of them. We have done enough work up and down here that the Corp of Engineers is going to supply me with total survey maps on their water lines. We can use those or we could require the survey at the time to show us average high water mark but at the present we don't have anything down. Mr. Loeffler ask if the water line differs much from the vegetation line. Mr. Fischer said yes, the salt water vegetation will grow in standing water. Mr. Fischer stated he would be attending a meeting on permitting in the wetlands in Jacksonville. He said if you build in this area or if you build in the wetlands or other areas he usually tries to contact DER and have a local man come down and determine just how much are or what things he can fill or cover up. He stated if you move away from the bank itself or out in the waters they need a dredge and fill permit. He also related these have irregular lands it is not just direct bank or falloff. Therefore if we establish a thirty feet to the average high water mark, a front set back of sixty five feet from the center of the roadway to the house and if they can't meet those requirements they will have to ask for dredge and fill permits. Mr. Mackie said the main thing is if it extends into the water the land is no good to nobody, it is not useable land. Mr. Bennington said that is what he is saying the ordinance says thirty feet. The man owns a hundred feet right now the ordinance doesn't take into fact that ninety eight feet is under water. The ordinance doesn't address it and that is why he suggested we change it to read thirty feet form the high water mark. What he is saying is let's make it thirty feet of dry land. Now the Council kicked it back for more information. Mrs. Martinez said she believes this section of the minutes will eliminate any of their questions. Mr. Bennington said what we are trying to do is get away from letting them count underwater land as dry land. It was stated the memo to Council read "from the rear of the building thirty feet to the high water mark." SIGN ORDINANCE 79-0-25 The Board members stated they had not had time to study the sign ordinance therefore a motion was made, seconded and CARRIED 4-0. to table the subject until they had sufficient time to study. AMENDED AGENDA APPROVAL OF MINUTES: The minutes of December 19, 1986 were presented for approval. Mr. Quaggin made a motion to approve the minutes as written. Motion seconded by Mr. Loeffler. Minutes unanimously APPROVED. EXPIRING TERMS OF BOARD MEMBERS Mr. Bennington stated his and Mr. Quaggins terms were explrlng in February. Mrs. Martinez related they did not have any resumes for the Planning and Zoning Board even though advertisements had been in the newspapers. The Board held a discussion on the expiring terms. Mr. Loeffler made a motion to keep everyone on the Board until they find replacements for them. Motion was seconded by Mr. Mackie. Motion CARRIED 2-0. Mr. Quaggin and Mr. Bennington stated they would be happy to serve another term if re-appointed. -6- Planning and Zoning Minutes January 16, 1986 - . . ~ u MISCELLANEOUS: A gentleman said he has a problem with opening his ceramic shop at the 2102 Downtown Edgewater Plaza which is in a B-5 zone. He said they tell him he is not qualified to have it there. This business is being transferred from Park Avenue. The Board determined that a ceramic shop would be a hobby shop which is qualified. The Board also discussed a Kung Eu Club to be located at the Downtown Edgewater Plaza. They determined it would be a health club if there are no State or County restrictions. There being no further business to corne before the Board a motion was made by Mr. Mackie to adjourn. Motion seconded by Mr. Quaggin. Meeting duly adjourned at 1:15 P.M. Respectively Submitted By: Jan Morris Planning and Zoning Board Minuts Regular Meeting January 16, 1986 -7-