03-06-1986
f
~
~
v
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
REGULAR MEETING
MARCH 06, 1986
9:00 A.M.
COMMUNITY CENTER
MINUTES
Chairman Wheeler called to order a regular meeting of the Planning and Zoning
Board at 9:00 A.M. March 06, 1986 in the Community Center.
ROLL CALL
Members present were Messrs. Jake Wheeler, George Quaggin, James Mackie, Paul
Loeffler, Billy Klein and Fred Finn. Also present were Dennis Fischer, Building
Official and Jan Morris, Secretary.
APPROVAL OF MINUTES
The minutes of February 20, 1986 were presented for approval. Mr. Quaggin made
a motion to approve the minutes as written. Motion was seconded by Mr. Klein.
Motion CARRIED 6-0.
SITE PLAN REVIEW
SP 8603 MIKE COLEMAN, COLEMAN PLUMBING AND WAREHOUSE AT 1818 FERN PALM B-2
Mr. Coleman was present to discuss this site plan. The Board discussed the parking
and the swales. Mr. Fischer, Building Official, asked Mr. Coleman about the sharp
drop off of the road at the swale edge. Mr. Fischer asked Mr. Coleman if he could
level this out or curve it more to eliminate the sharp drop off. Mr. Fischer
related to Mr. Coleman and the Board that a loading zone was not needed because
of the square footage of the building. The Board told Mr. Coleman that he
needs to angle his parking to a forty five degree in order to have enough back
up space. It was determined this could be done without problems when the loading
zone is eliminated. Mr. Mackie made a motion to approve site plan subject to the
City Engineer's approval of the stormwater and that Mr. Coleman changed the parking
to a forty five degree angle. Motion was seconded by Mr. Quaggin. Motion
CARRIED 6-0.
SP 8604 SID CORHERN EDGEWATER ALLIANCE CHURCH
110 MOCKINGBIRD LANE
B-3
Mr. Sid Corhern was present to discuss this site plan. The site plan was to
build a gymnatorium at 110 Mockingbird Lane owned by Edgewater Alliance Church.
The site plan also proposed to move a portion of Mockingbird Lane. Mr. Corhern
stated the water retention area was for the Church only. Mr. Corhern said the
gymnatorium would be an accessory building to the Church and would not be in use
when the Church is being used. Mr. Wheeler stated what disturbs him is the
ninety degree curve in the proposed street. Mr. Corhern stated they had spoken
to DOT and they are looking into opening up that curb for ingress and egress.
He added their major intent in coming to the Board today is just to see if the
Board is favorable to moving the road. He said the intent of the road being
moved is not only a safety factor but to have a buffer around them from the
apartments. He stated they had spoken to Mr. Biggerstaff and he is in favor
of having a road instead of a twenty four foot wall sitting right next to his
property. Mr. Biggerstaff, the adjoining property owner, stated he wanted
to be assured the right to have access from his property to Mockingbird Lane.
Mr. Loeffler replied it would be City property so he would have access. Mr.
Loeffler asked if they could not put the gym back to the west and use that lot
for parking? Mr. Corhern replied no, they had other long range plans to build
on that land back there. Mr. Corhern stated the west property line abuts the
apartments back there. Mr. Wheeler asked if they intended to leave the present
Mockingbird Lane open? Mr. Corhern stated that the present time they will but
eventually they will close it off with a wallar something. Mr. Corhern
stated they came to the Board today for two things (a) ask for a proposed
gymnatorium to be built on that south property line, (b) for the Board to consider
that Mockingbird Lane be vacated and moved to the south for a safety factor.
Mr. Mackie replied we can suggest it but it will be up to the City to put it
through. Mr. Fischer said the thing he would ask and he believes the Council,
Police Chief and everyone else is going to want is comments from DOT's Traffic
Control Engineer on the accessibility of the new proposed interchange. Mr.
Corhern stated they are in the process of studying that now. Mr. Fischer said
they had done some research and there has been some accidents in that area with
~
u
u
traffic turning left on Mockingbird Lane. He added the only question he would
have is if there is no deceleration lane to turn on Mockingbird Lane going north.
He stated the only thing he would need are comments from DOT's Traffic Engineer
on the feasibility of moving that land to the south and what kind of problems
they would have with access, egress of traffic both in and out. The left hand
turn lane would have to be a deceleration lane and the median moved one hundred
twenty five feet to the south. Mr. Mackie asked how long it would take to get
that through from the Department. Mr. Corhern stated they are in the process of
studying that now. He added they had came out to the site and are suppose to get
back with them. Mr. Mackie said he didn't know if it was worthwhile to suggest
anything until he gets approval on that road itself. Mr. Fischer said the comments
the Board needs to make at this time is give assurance or something as far as the
gymnasium in this location. Mr. Wheeler and Mackie stated that seems to be
alright as far as they were concerned as much parking as they have at the Church
and gym. Mr. Mackie asked how many cars they have parked there during Sunday
services? Mr. Corhern replied they could seat a total of two hundred fifty to
three hundred in the auditorium and divide that by four, we are talking about
seventy spaces. Mr. Corhern added the gym will not be open when the Church is
open. Mr. Wheeler asked if their intent was to use the Church parking as
overflow parking? Mr. Corhern answered correct they will not have both open
at the same time. Mr. Wheeler stated we are going to have to have the engineer
look this over. Mr. Loeffler said he thought it was feasible to move the road
but they . ought to have more plans to look at with. lot more engineering. Mr.
Mackie said he thinks the site plan should show Mr. Biggerstaff's property.
Mr. Loeffler said he thinks we can give him an answer that it is possible to
move the road as he wants and it has to be paved like it is now but you are
going to have a lot of engineering to do. Mr. Corhern said they did not want
to spend any time on any engineering until they got a feedback from the City,
in other words this is just a proposal to see if we can do this. He added from
the Church standpoint they would not pay an engineer to design a road if it was
turned down. Mr. Mackie stated you went before the Council with this-did
they give you any kind of an answer or suggest anything. Mr. Corhern replied
they didn't have any kind of drawings to show to them so they were waiting
to get it back from you all and get your comments. The Board said the only
thing they can do is tell him it is possible to move the road. Mr. Mackie made
a motion to accept this sketch plan as it is proposed to the Board pending
approval of whatever the City Council and the State DOT, as what DOT suggests
on this road and then they will still have to come back with a full sketch plan.
Mr. Loeffler said just a sketch of the road not a plan. Mr. Mackie replied
he would have to sketch there with the plan and put the road in. He added
he would not want to see a road with nothing else-he would want to know that the
road is in the right place. Mr. Mackie related to Mr.Corhern that he thought
the abutting properties should be shown on his plans. Mr. Corhern said normally
on most projects it is not their responsiblity to sketch what is outside of their
property. Mr. Mackie said no what I am saying is the project in the back should
be noted in an outline of that project as related to the road into the project.
You have a distance it could be five feet, we won't even know it. Mr. Corhern
asked you mean because of the street being relocated. Mr. Mackie replied right,
because their driveways come out in this Mockingbird Lane down in this area if
they have to change and according to this it looks like it. would be in line of
where they are going down through here but if this is shortening their driveways
coming out that would have to be surfaced and I don't think they should be
responsible to do it. Mr. Corhern said we are aware that if we are moving the
road we have to take the responsibility. Mr. Mackie said he makes that into
a motion. Mr. Finn seconded the motion. Mr. Mackie said what we are after is a
sketch plan here and we will accept the sketch plan as it is temporarily due to
the fact we have to get some confirmation from the highway and anybody else
responsible for that road and then they have to come in indicating what we got
and what distance on the buildings in the back. We want a whole series of
what is going on in there. Mr. Loeffler and Mr. Wheeler said we are just
telling him it is possible to move the road. Motion CARRIED 6-0.
-2-
Planning and Zoning Minutes
March 06, 1986
o
v
CERTIFICATE OF ZONING
COZ 86-17 HELENA OF EDGEWATER
WILLARD LAESCH AND BARBARA WATTS 2102 S. RIDGEWOOD
Mr. Willard Laesch was present to discuss this certificate of zoning.
to operate a womerrs apparel shop at the Downtown Edgewater Plaza. Mr.
stated this would be all new merchandise. Mr. Wheeler stated they had
of parking down there. Mr. Quaggin moved that COZ 86-17 be approved.
was seconded by Mr. Finn. Motion CARRIED 6-0.
This is
Laesch
plenty
Motion
COZ 86-18 HOUSE OF CERAMICS
BRENDA BRIGGS AND JOANNE SPRINGER 1511 S. RIDGEWOOD
Neither Ms. Briggs or Ms. Springer was present therefore Mr. Loeffler stated he
would represent this COZ since it is to be located in his building. Mr. Mackie
stated they had sufficient parking. Mr. Mackie made a motion to accept the COZ.
Mr. Klein seconded the motion. Motion CARRIED 5-0 with Mr. Loeffler abstaining.
OLD BUSINESS
SITE PLAN REVIEW
SP 8601 R. A. COLEMAN
RAC BUSINESS PARK 1705 INDUSTRIAL ROAD
1-1
Mr. Coleman was present to discuss this site plan. The Board reviewed the site
plan and Mr. Wheeler read a letter from the City Engineer approving the stormwater
management plans. The Board asked Mr. Coleman if Industrial Road was paved to
which he answered yes. They said his parking would have to be paved. Mr. Coleman
had moved the dumpster and added four more parking spaces in his revised plans.
Mr. Loeffler stating he had done what they wanted so he moved they accept it.
Mr. Mackie seconded the motion. Motion CARRIED 6-0.
NEW BUSINESS
Mr. Wheeler asked if anyone had any new business? Mr. Quaggin asked where they
stood on a replacement for Jim. Poland? Mr. Wheeler said it was up to Council
we couldn't do a thing about it. Mr. Quaggin ask if we could prompt them a little
by writing a letter. Mr. Wheeler said they had run ads and it doesn't seem like
there are very many people who want this Board. The Board said it had been about
three months. Mr. Wheeler said what they are doing is waiting until they get
more applications.
Mr. Mackie said he thought they should put a time limit on the people coming
in for various types of businesses and then not paving. Some have to be paved
roads and all this stuff. I think we should put a time limit on it after we
approve the site plan. I have checked a couple of them out and some of them
have never started to pave those roads. Mr. Mackie said this one I am referring
to there is no sign as to' improvement on the property as far as hardtopping it
and he is on a hard road. Mr. Wheeler said he has never done a thing, I was
up there Monday. The Board went into a discussion of the paving of roads and
parking. Mr. Fischer stated what he (Mr. DeCubellis) has done is given up
the idea of servlclng. Mr. Mackie said it is a place of business-it still has to
be surfaced if it is a used car lot. Mr. Loeffler said if he added a parking
lot then it would have to be paved. Mr. Fischer said if there was a.used car lot
there previously then he is grandfathered in. He added if I come around and
buy his business I have the right to continue that business. The pavement is
in real poor condition. Mr. Wheeler said I was up there Monday and he had two
cars in the stalls and a couple of men in there. Whether they were working
on the cars or not he is operating without a license that is. Mr. Fischer
said he has a sales license up there and he buys the cars at the auctions.
When he sells them he has to give some kind of warranty. Whether it is just
cleaning them up or what I don't know. Mr. Wheeler said he has to have an
occupational license to do that and he just has a used car license so what do you
call that. Mr. Fischer said if he sells the cars, the used cars he has to prepare
them for sale. Mr. Loeffler said if he is working on his own car I don't think
there is much we can do. Mr. Mackie said we are trying to improve this City
and we can't improve this City if we don't do something.
Mr. Loeffler made a motion to adjourn. Mr. Finn seconded the motion. Meeting
duly adjourned at 10:10 A.M.
Minutes respectively submitted by:
Jan Morris
-3-
Planning and Zoning Minutes
March 06, 1986
. MEMC~ANDUM OF VOTINGYONFLICT
.
. . \ FORM 4 LAST NAME-FIRST NAME-MIDDLE NAME
Loeffler. Paul THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
MAILING ADDRESS
1 "n~ l),...;UQ ~CITY D COUNTY D OTHER LOCAL AGENCY D STATE
CITY COUNTY
Edgewater, Florida Volusia
NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
March On 1 q~n
NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE
Planning and Zoning Board
WHO MUST FILE FOAM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided
into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting; and
(b) WITHIN 15 DA YS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on
March 06,
,19~:
(a) I abstained from voting on a matter which (check one):
xx inured to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
,..r ""'_........ ",rot, .n 0..
PAGE I
<" . . u. . V
(b) The~'leasure on which I abstained and the nature of my interest in the measure is as follows:
March 06, 1986
Date Filed
Si8nq=P~cCr
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes (Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Pclrt B below within IS days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on , 19 _:
(a) I voted on a matter which (check one):
inured to my special private gain; or
inured to the special gain of
, by whom I am retained.
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
Si8~jV~
Date Filed
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (IS) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA ST ATUTESO 112.317(1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT.
DEMOTION, REDUCTION IN SALAR Y. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S~,OOO.
CE FOR M 4 - REV. 10-84
PAGE 2