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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