03-23-1989
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CITY OF EDGEWATER
LAND DEVELOPMENT AND REGULATORY AGENCY
REGULAR MEETING
THURSDAY, MARCH 23, 1989
6:00 P.M.
COMMUNITY CENTER
Vice-Chairman Louise Martin called to order a regular meeting of
the Land Development and Regulatory Agency at 6:00 p.m., Thursday,
March 23, 1989, in the Community Center.
ROLL CALL:
Members present were Mr. Garthwaite, Mrs. Glover, Mr. Hellsten,
Mr. Klein and Mrs. Martin. Also present were L~nne Plaskett,~Acting
Planning and Zoning Director, and Beverly Kinney, Secretary. Mrs.
Blazi was excused. Mr. Denton arrived at 6:40 p.m.
CONTINUED ITEMS:
SP-890l Retail Shopping
Mrs. Martin: Continuing
you step forward please?
Head checklist.
S.W. Corner U.S. 1 and Roberts Road:
Items, retail shopping, Earl Wallace. Will
Site plan review. Go over the Department
Mrs. Glover: Beg your pardon?
I I
Mrs. Martin: The Department Head checklist.
Mr. Wallace: Is this checklist revised from the original that came out
or is it the same one?
Mrs. Plaskett: Uh, What I did was after, uh, discussing all the comments
with you, and when you brought in the revised plans and showed me, I
marked it on this, this comment said it was O.K., or whoever o.k. 'd it
and what the comment was.
Mrs. Martin: So these o.k. IS, that mean's it's been done?
Mrs. Plaskett: uhuh, it's been done, that's correct.
Mrs. Martin: Construction drawing by an architect?
Mrs. Plaskett: That will be at the time of urn, building permit
Mrs. Martin: Building permit. And uh the driveway widths O.K.
Mrs. Plaskett: uhuh.
, Mrs. Martin: Rear exits?
Mrs. Plaskett: They're aren't any.
Mrs. Martin: No rear exits. Water retention to the rear will deny
access to
Mrs. Plaskett: It should be to the rear of the complex. The r is
moved over.
Mrs. Martin: rear of complex from the East side suggest underground
storage.
Mrs. Plaskett: That was o.k. 'd by the englneer.
Mrs. Martin: o.k. Fire wall separation to be installed where required
between occupants.
Mrs. Plaskett: That's something else that will be addressed when he
brings in the construction plans for a building permit.
~
Mr. Wallace: They are indicated on your plans that you have here, 2
hour and 4 hour rating.
Mrs. Plaskett:
O.K.
Mrs. Martin:
are on here.
Well, lets refer to the plans then, see if all these things
Is he meeting all the City zoning requirements?
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Mrs. Plaskett: As far as the zonlng, yes.
Mrs. Martin: Fire Department, fire lane what? O.k. 'd by Dave Jones
Mrs. Plaskett: O.k. 'd by Dave... Then you have a separate one from
the Fire Safety Inspector and the comments from the fire department.
It says fire lane and uh, 4 handicapped spaces o.k. 'd by Dave Jones,
Joe Ong, and Larry Carson.
Mr. Klein: What about access to the back of the building? Isn't that
one of the fire departments....
Mr. Hellsten: but it's o.k. 'd on here now.
Mrs. Plaskett: What they did, was they urn, realigned, correct me if I'm
wrong, Earl, all the handicapped spaces in the front that are hardly
ever used to be used as a fire lane, is that correct?
Mr. Wallace: For an area so the fire department may be able
to get into and handle some equipment in possibly one of the sectors
of the building. The question you have on fire hydrants directly in
front of the property
Mrs. Martin: Any more questions?
Mr. Klein: Yea, I have ah, one going back to what we tentatively agreed
upon, and that was the ah, stop light there at ah, 1. The D.O.T. was
of course to be asked about it, and we found out that they didn't have
the money to put it in. There was supposed to be an agreement of some-
kind ah, written up whereby the people that are putting in these sections
in that area would ah, participate in the cost of the ah, stop light there.
Mrs. Glover: Well, the building that was to go in, that big shopping
center there, has got a for sale sign on it. You know, they came in for
the large shopping center and said there would be a major grocery store
and drug store and all those things. There's a for sale sign on the
property.
Mr. Klein: But never the less we talked about all the people down in that
Mrs. Glover: Right, but that's one that's not going to be developed,
evidentally for a while.
Mrs. Plaskett: Well, for a while, but the only thing is that we can
only then have an agreement at the time they propose to do something. ~
Mr. Klein: Do we have an agreement?
Mrs. Glover: And then hold on it until everybody...
Mrs. Plaskett: No not urn, this is the first actual site plan to come
in in that location on Roberts Road and U.S. 1. That was part of the
agreement for rezoning, that at the time that they wanted to construct
would sign a developers agreement and all of them would share whatever
the cost would be, but no, I tried to get ahold of Mr. Alvarez, and
in the last 2 weeks, everybody knows he's had pneumonia, and I haven't
been able to get ahold of him to actually give me a developers agreement
to get to these gentlemen to have them sign, and I'm not saying, I don't
know when the light would be put in, and I don't know how long of a period
it would take. I just know that we did contact D.O.T., as per your
request, and at this time they cannot ah, feasibly put in a stop light.
D.O.T. did not have the funds to do it themselves, so its...
Mr. Garthwaite: How much money are we talking about
Mrs. Plaskett: a $100,000.00.
Mrs. Glover: For one light?
Mrs. Plaskett: That's the cost.
Land Development and Regulatory Agency
Regular Meeting
Thursday, March 23, 1989
Page 2
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Mr. Wallace: May I make a comment?
Mrs. Plaskett: That's up to her.
Mrs. Martin: I beg your pardon?
Mr. Wallace: May I make a comment?
Mrs. Martin: Yes.
Mr. Wallace: Thank you. Ah, seeing that the impact on Robert's Road
and u.s. 1 not only affects the parcels on the North and South side of
Roberts Road and possibly on the East side of u.s. 1, we feel that the
County and the School Board should be brought into this, because of
their impact. In other words, I don't know whether we should just, keeping
in mind, segregate just the parcels that are at the entry of u.S. 1 and
Roberts Road, but any development along that point which also includes
a multi-family development in there, it also includes a school system
that will be under construction later this year, and it goes a little
bit deeper than just our parcel at this time and possibly the one to
the North.
Mrs. Plaskett: Oh, I agree with you. That's correct.
Mr. Wallace: So ah, like I say, you know, it needs to be looked into,
but I personally believe, and ah, my client believes that the School
Board ah, we're paying great impact fees to the County for road system,
and, and what have you, and along with D.O.T., and with Edgewater being
instrumental in putting it together or directing traffic, so to speak,
if something could be worked out by, you know, by the time the school
opens or whatever that situation may be, whether it be this year or
next year, but to single out at this point, it's great, but it may be
a little premature too, because nothing's been set at this time. I
think there's more than one or two agencies involved in this situation.
Mr. Klein: I totally agree with you, but I don't think we're singling
you out. You're the first to be there so I think an agreement needs
to be signed.
Mr. Wallace: But what I'm saying, though, with all the other agenc1es
involved, not just your developer.
Mr. Klein: All I'm saying is your fair share to be determined at the
time it's put in.
Mr. Wallace: It's possible by the time it's put in that it won't be
determined then, that, you know, I'm not being smart, but..
Mr.Kle~a: No, but what I'm sayin 1S..
Mr. Wallace: Things happen that way.
Mr K1~in: Well, as this board has found in the past, if it's not set up
it never happens.
Mr. Wallace: I understand.
Mrs. Martin: Bob, do you have anything?
Mr. Garthwai~e:Goin back to these plans, ah, across the back of these
buildings the dotted lines means future close ins as we don't know
where they're gonna be, so is that what that line is?
Mr. Wallace: We have no, no, indication, in other words, ah, in the
system there indi~ated as requested from the last meeting, that ah
should ah, the un1ts which was concerned, be rented out individually,
then restroom facilities will be supplied as necessary. Within that
limit.
Land Develop~ent and Regulatory-Agency
Regular Meeting
Thursday, March 23, 19&9
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Page 3
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Mr. Garthwaite:
O.k. then will it be filled in all the way accross?
Mr. Wallace: Ah, my client, ah ah, asked to be considered to utilize
it as we had done to start with, indicating because ah, restroom
facilities it does indicate an area, is defined as an area to utilize
for restrooms across there. Ah, as far as storage in this manner here,
ah, at $4.00 a square foot for impact fees, he feels it's a little
heavy, but we will work with you any way we can on that, and like I
say should all the units be rented out individually, restroom facilities
are needed, they are defined as an area so we can put restroom facilities
In.
Mr. Garthwaite: O.k., I also notice that we did away with the drive,
did away with the parking areas' that we had requested.
Mr. Wallace, Yes sir, we turned the plans back in as requested from
the last meeting My client feels that ah, that ah, removing
those 8 parking spaces and getting less than the minimum required ah,
he would rather see all the parking as we defined the first time through
there, ah, to meet the minimum requirements as set forth in the zoning
ordinance. We are asking for no special exception, no variances, we
feel we do comply with the ordinance as written.
Mr. Garthwaite: Your client may be perfectly correct, but possibly
we should ask you to take out one of those units off the side
and put parking in there.
Mr. Wallace:
I don't know Slr.
Mr. Garthwaite: The main reason I wanted that parking removed from
that area, cause you were backing out from that area into your drive-
way, and that was a hazard, but of course that would be up to the Board
if they feel, maybe we should ask for unit or 2 to be removed from this
building to provide parking. That could be considered. I have no
other questions.
Mrs. Martin: O.k.
Mr. Hellsten: No questions.
Mrs. Martin: Sue?
Mrs. Glover: No.
Mrs. Martin: Any comments?
Mrs. Plaskett: No.
Mrs. Martin: We need a motion with any changes or what, approval.
Mrs. Plaskett: Let me explain something. He came before last time
and got preliminary approval. He's done everything that you asked him
to do, now he's coming before you for a final. O.K.
Mr. Garthwaite:
I'm not complaining about...
Mrs. Plaskett: No, I was just making it clear, clear to you.
Mrs. Martin: Can I have a motion?
Mr. Garthwaite: O.K. I make a motion that we grant preliminary and
final approval of this plan, site plan.
Mr. Klein: What about the agreement?
Mr. Garthwaite: Oh on the, and that the contractor would sign an
agreement with the City for costs of a stop light at Roberts Road
and U.S. 1...
Land Development and Regulatory Agency
Regplar Meeting
Thursday, March 23, 1989
Page 4
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Mrs. Glover: How about participation in...
Mr. Garthwaite: The cost. O.K, it would make it a little clearer.
Mrs. Martin: You got that Beverly
Ms. Kinney: Uhuh.
Mrs. Martin: Do I have a second on that?
Mr. Hellsten: I'll second it.
Mrs. Martin: Any questions on that? Do you have a question?
Mr. Wallace: Yes ma'am I would. I would like for you to amend that
to read all the agencies you are referring to along Roberts Road and
U.S.l. There's D.O.T., Volusia County School Board, ah, your County,
Volusia County impact and road systems, which would be your bridge
and road act.
Mrs. Plaskett: I don't think you have the right to ask that it be
amended. I mean....
Mr. Wallace: O.K., I just wanted to clarify, that's all, because it's
a little vague.
Mrs. Plaskett: It will be up to us to determine who's impacting our
road and which developers to go after.
Mrs. Martin: I should say...
Mr. Wallace: O.K.....
Mrs. Plaskett: I mean, believe me, he will not bear the entire cost,
that's for sure.
Mr. Wallace:
I understand that.
Mrs. Plaskett: And we would be more than fair, and I understand what
your position is.
Mr. Wallace: Thank you.
Mrs. Martin: Anymore questions on the motion?
Mr. Hellsten: The only question I have, uh, how do you assess the
responsibility for these other improvements....
Mrs. Plaskett: This is what we'll have to discuss with the City Attorney.
Mr. Hellsten: Because it leaves him in jeopardy, not knowing what
financial impact is going to be.
Mrs. Plaskett: I understand.
Mrs. Martin: Any more questions?
Mr. Klein: No, I go back to what we discussed, and what Bob just
discussed, the outhouse appearances on the back of this building,
we're becoming famous for in Edgewater.
Mrs. Martin: It's become the norm.
Mr. Klein: Yea.
Mrs. Martin: Motion made and seconded. Roll call please.
Ms. Kinney: Mrs. Glover
Mrs. Glover: Yes
Land Development and Regulatory Agency
Regular Meeting
Thursday, March 23, 1989
Page 5
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Mrs. Kinney: Mr. Hellsten
Mr. Hellsten: Yes
Ms. Kinney: Mr. Klein
Mr. Klein: No
Ms. Kinney: Mrs. Martin
Mrs. Martin: Yes
Ms. Kinney: Mr. Garthwaite
Mr. Garthwaite: Yes
Mr. Wallace: Madam Chairman?
Mrs. Martin: Yes
Mr. Wallace: May I ask for our portion of this ah, ah meeting, that
we get a copy of verbatum of the minutes as written on the tape please?
Mrs. Martin: Yes, we'll do that
Mr. Wallace: And, uh, we will bear our expense.
Mrs. Martin: You got that Beverly?
Ms. Kinney: Mm.
Mr. Wallace: Thank you so much, and have a good evenlng.
Mrs. Glover: You too.
NEW ITEMS:
SP-8904 Fruit Stand 315 N. Ridgewood Avenue:
Mr. Pete Jeffries, joint owner of Zieglers Fruit, was present to
discuss this issue. He stated he had removed a trailer from the
slab and was keeping his fruit on the slab, but the sun was damaging
the fruit. He put the canopy up not knowing he needed site plan
approval. Mrs. Plaskett stated Zieglers was an existing non-conforming
structure and the addition of the canopy is 8'5" into the setback.
There was some discussion regarding the Building Officials involvement
regarding permitting of the structure. Mrs. Plaskett stated in her
opinion the structure should come down. Mr. Robert Sheppard, 108
Monson Drive, believed the new owner of Zieglers had improved and
cleaned the site up, and asked if setback requirements were that
important. Mrs. Plaskett explained that since the posts for the
canopy are in the ground it is considered a structure, but if the
canopy had been attached to the building it would not be considered
a structure. There was further discussion regarding the 8' 5" set-
back encroachment by the Agency. Mr. Garthwaite moved to accept the
recommendation from the Planning Department to remove 8'5" of the
canopy, seconded by Mr. Klein. Mr. Garthwaite rephrased his motion
and stated the supporting pole was to be removed, to the next pole
that is within the setbacks, so the first pole is back 40' from the
property line, Mr. Klein seconded. Motion Carried 5-0.
SP-8905 Industrial Buildings 1710 Industrial Road:
Mr. Jeff Thompson, authorized agent for Cushman Division of Outboard
Marine Corporation, was present to discuss the site plan. Mr. Thompson
stated he had submitted plans for a sprinkler system, but because of
Cushman's budget they were asking the City if they could delay install-
ation of the sprinkler system in the existing building until fiscal
year 1990, which would begin in October, 1989. He stated they would
LanQ Development and Regulatory Agency
Regular Meeting
March 23, 1989
Page 6
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install the sprinkler system in the addition at the time of const-
ruction, and Cushman would sign an agreement with the City. The
members discussed this and believed there would be no problem if
the City Attorney agreed. The turning radius in the parking lot
was discussed. Mrs. Plaskett noted that Cushman needed to go before
Council and request permission to cross the 6' planted buffer strip
at 16th Street for the driveway shown on the site plan. She added
the access had been in use for many years, and going before Council
would be just a formality. Mr. Garthwaite moved to approve SP-8905
with a recommendation to Council to allow Cushman to cross the 6'
planted buffer at 16th Street, and sprinklers in the existing building
will not be installed until beginning of fiscal year 1990 with O.K.
from the City Attorney to delay installation. Mr. Hellsten seconded.
Motion Carried 5-0.
SP-8906 Enclose and Roof Back Porch 2025 S. Ridgewood Avenue:
Mr. Medardo Soldevilla, owner, was not present. Mrs. Plaskett asked
the Board if they would proceed with this issue, and believed there
was a language barrier with Mr. Soldevilla, because he didn't under-
stand site plan procedures in the City of Edgewater. He thought all
he needed to do was pull a permit. There were no questions from the
members. Mrs. Glover moved to grant preliminary site plan approval, /
seconded by Mr. Hellsten. Motion Carried 5-0.
Mr. Denton arrived at 6:40 p.m.
Sketch Plan Subdivision 26.25 Acres (formerly Caldwell Property):
Mr. Phillip Hollis of Hollis Engineering and Mr. Walter Tilley of
Centex Corporation, were present to discuss this sketch plan. Mr.
Tilley gave a brief history of the Caldwell property which would
allow up to 200 homes. He added the sketch before the Agency was
for 126 homes. Mrs. Plaskett gave more history of the Caldwell
property for the benefit of the new members of the Agency. The members
discussed the request for 50' wide lots. Mrs. Plaskett stated the
only zoning in the Code Book that would probably apply to this parcel
was RR-PUD zoning, and she read the definition of RR-PUD to the
members. Mr. Garthwaite discussed the proposed name for the subdivision
"Sabal Palm", and noted there was a street in Florida Shores with
the same name which might be confusing to 911. Setbacks and turning
radii for the cul-de-sacs were discussed. Mrs. Plaskett stated the
radii met the requirements. Collector streets were discussed.
Pat Gallow, marketing manager for the project discussed dwelling unit
size, garages and price range for each home. Mr. Tilley stated they
would work on pavement widths. The Department Head comments were
discussed. Mr. Tilley stated they were asking for 20' front and rear
setbacks and either 5' side setbacks or zero lot lines. He added
there would be sidewalks, and the drainage would be rear to front
with two (2) retention/detention ponds. Fencing was discussed regarding
the front and rear yards for reasons of aesthetics. Mr. Tilley stated
the minimum lot depth would be 110'. A 25' buffer between Silver Ridge
Subdivision and the proposed subdivision was discussed, and there was
more discussion regarding the proposed setbacks, the size of each
dwelling unit and the two (2) car garages. After further discussion,
Mr. Tilley agreed to come back to the Agency with more definite plans,
and photographs of similar developments they had done so the members
would have a better of idea of their concept. Mr. Gallow believed
people would prefer a smaller front yard and a larger back yard.
Mrs. Martin called a recess at 7:30 p.m. The meeting resumed at 7:40 p.m.
DISCUSSION ITEMS :
Outdoor Display - Draft Ordinance:
The members agreed they preferred the ordinance drafted by the City
Attorney over the draft prepared by former Planning and Zoning Director
Joseph Ong. Mrs. Plaskett also gave a brief history of how the draft
ordinance came about for the new members. Mr. Klein believed there
should be a definition of the word "incidental" included in the ordinance.
Land Development and Regulatory Agency
Regular Meeting
Thursday, March 23, 1989
Page 7
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There was some discussion regarding the term "under roof" and the
definition of outdoor display in section 200.00. Mr. Klein moved
to forward the draft ordinance prepared by the City Attorney to the
City Council after a definition for "incidental" was included into
the ordinance by the City Attorney. Mr. Hellsten seconded. Motion
Carried 6-0.
Required Off Street Parking:
Some of the members agreed the specifications added into the draft
ordinance prepared by the former Planning and Zoning Director did
not belong. There was some discussion regarding the Alamanda right-
of-way. Mrs. Plaskett gave the members an update on the library
and Help-U-Sell parking. Mrs. Plaskett asked the members to review
the current ordinance, and if they wanted any changes they could
notify her and she would prepare it to present to the members at a
later date. The members agreed not to take any action at this time.
Acting Planning and Zoning Director Reports:
None
Chairman Reports:
None
Agency Member Reports:
Mr. Denton stated there was a time problem for him and asked if the
meetings could be held at either 6:30 p.m. or 7:00 p.m. Mr. Hellsten
stated he had the same problem. The members agreed they could meet
at 6:30 p.m. Mr. Hellsten moved to meet at 6:30 p.m., seconded
by Mr. Garthwaite. Motion Carried 6-0.
Mrs. Glover asked if the monthly calendars could be recieved by the
members by mail instead of the first regular monthly meeting. The
Secretary agreed to do this.
There being no further business to corne before the Agency, Mrs. Glover
moved to adjourn, seconded by Mr. Garthwaite. The meeting adjourned
at approximately 8:15 p.m.
Minutes respectfully submitted by:
Beverly Kinney, Secretary
Land Development and Regulatory Agency
Regular Meeting
Thursday, March 23, 1989
Page 8