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02-01-1984 , . u ~ -, CITY OF EDGEWATER PLANNING COMMISSION REGULAR MEETING FEBRUARY 1, 1984 Minutes Chairman Bennington called the regular meeting to order at 7:02 P.M., in the Community Center building. ROLL CALL Members present: Messrs. Bennington, Opal, Chenoweth and Finn. Mr. Quaggin and Mr. Hillerich were absent. Also present: secretary, Susan Mista, one member of the press and various members in the audience. APPROVAL OF MINUTES Mr. Chenoweth made a motion to approve the minutes of the January 18, 1984, meeting, seconded by Mr. Opal. Motion CARRIED 4-0. Chairman Bennington stated that the minutes of the December 8, 1983, Workshop could not be voted on due to the fact that Mr. Quaggin and Mr. Hillerich were the only members present at said Workshop and they were not present tonight to vote on same. SITE PLAN REVIEWS SP-8353 - Edgewater Alliance Church - 310 North Ridgewood - Addition Chairman Bennington noted that there was no one present at this time to represent the Church. He stated that he has a note that Reverend Siano is conducting Church services and cannot attend the meeting until after 8:00 P.M. Mr. Chenoweth made a motion to table this matter to the end of the meeting or to when Reverend Siano or his representative appears, whichever occurs first. Mr. Finn seconded the motion. Motion CARRIED 4-0. SP-8355 - J. C. Carder - 1 Pelican Drive - Boat Shed, Storage, Sales Chairman Bennington noted that Dan Nolan was present to represent this site plan. Mr.' Chenoweth made a motion to remove this plan from the table, seconded by Mr. Finn. Motion CARRIED 4-0. Chairman Bennington stated that the parking has been moved, putting in a 25' setback, the entrance has been moved and the wall of the structure at the rear has been cut off - to comply with the setback requirements, and there is a planted buffer in the back. \ Mr. Opal questioned the letter sent to the Commission from the Building Official, Dennis Fischer, wherein he stated that he will be receiving a letter from the County Zoning office concerning the county zoned property that Mr. Carder owns. Chairman Bennington asked the secretary to read the letter from Mr. Fischer into the record, which stated that he had spoken with Ron Yates at the County Zoning office regarding whether or not there would be any problems with the county regulations in using this property as part of the required setback or as sidewalk facility. Mr. Yates assured Mr. Fischer there would be no problems in this regard and he further said he would send a letter, in writing, confirming this information. Mr. Opal said they should have the letter from the County, first, Mr. Fischer's letter means nothing. He said you cannot go ahead and put stuff on other people's property. Chairman Bennington advised that this property belongs to Mr. Carder. The letter from Mr. Yates, according to Mr. Fischer, will state that there is no problem with the county zoning requirements to use this property for the required setback. Mr. Opal stated that the wall in the rear of the structure should be cut down - the whole one bay of the structure. Chairman Bennington ~ "" ~ asked Mr. Nolan if the line that is shown on the revised plans indicates the wall that will be removed and reconstructed to comply with the Code. Mr. Nolan advised, yes, that was all the Building Official required. Mr. Nolan advised that they cannot remove that wall until the Board approves same, they will need a demolition permit to remove it. Mr. Opal said that the wall violates the setbacks, that there have been violations from the beginning. Mr. Chenoweth said that the letter from the Building Official states there is no violation ~with the County Zoning requirements and they are going to move the wall to comply with the setback requirements. Chairman Bennington stated that they have complied with the items the Board asked for, that being receiving a letter from a City employee, confirming that there would be no problems with the County Zoning in using the county zoned property for the setback; moving the driveway to allow access from Pelican Drive; moving the parking area; and altering the wall of the structure so that it complies with the setback requirements. Mr. Finn made a motion to give this site plan final approval, subject to moving the wall to comply with the setbacks. Mr. Chenoweth seconded the motion. A lady in the audience questioned Chairman Bennington as to whether he checked into the zoning to see when this property was rezoned. Chairman Bennington advised that they do not know when it was rezoned, the official zoning map shows that it is zoned B3. The lady asked if this Board was going to let this man change this around, to call the side the front. Chairman Bennington advised that they have a survey from a registered surveyor who says that Mr. Carder owns this property, has an address of Pelican Drive which is the front, the definition of "front" is the property that faces the road - not the structure. A man in the audience questioned Chairman Bennington as to what the original permit was issued for, to which Mr:. Opal replied, shed. The man then asked if the City allowed someone to come j.n, get a building permit for one thing and then change it to build something different. Chairman Bennington said that this Board did not issue permits, however, if a person complies with the building codes and zoning requirements, it would be permissible. Chairman Bennington stated that the job of the Planning Commission is to see that the site plan complies with the Code, that is their only job. A discussion continued concerning whether or not the applicant of this site plan is violating any of the requirements of the Edgewater Code of Ordinances. Chairman Bennington advised this man that he was welcome to take any Code violations to the Code Enforcement Board for determination if he felt violations were being made in this instance. A lady in the audience stated that she was told by an employee at City Hall that the storage facility should have a 6' fence around it. Chair- man Bennington stated that this site plan is for sales, not storage. Mr. Opal began discussion regarding the fact that this project had two stop work orders placed on it and he stated he would vote "no" on this site plan, that it should have been rejected from the beginning. Upon roll call, the motion CARRIED, 3-1, Mr. Opal voting NO. Chairman Bennington, after voting YES, stated that he could see nothing wrong with the site plan. SP-8401 - Bill Rossiter - Gas Light Square - Duplexes - Lots 16 & 18 SP-8402 - Bill Rossiter - Gas Light Square - Duplexes - Lots 15 & 17 Earl Wallace was present to represent these site plans. Chairman Bennington stated this is the same as the rest of them. Terry Wadsworth made the same comment concerning the water and sewerage having not been approved yet, however, same will be approved prior to issuance of the CO. -2- Planning Commission Meeting February 1, 1984 u ~ Mr. Opal questioned the Comment sheet from the Department Head Supervisors meeting, wherein it was decided that the Buiding Official, Earl Copeland, Terry Wadsworth and Frank Marshall would meet with Bill Rossiter and his engineer concerning possible drainage problems in this subdivision. Mr. Wallace responded that this subdivision was approved by the City Engineer, all drainage and criteria for engineering having been approved. He further stated that he felt the reason for this meeting was to enable everyone to discuss this project, on site, so that everyone can under- stand how the project is put together. He said there are no problems with the project, the meeting is only to determine that there are no misgivings about same. Chairman Bennington questioned as to why the Department Heads thought there may be a drainage problem. He asked the secretary what they were referring to, to which she replied that her opinion of their conversation was that they felt there could be a problem with the drainage system in the subdivision, they were concerned about same, and felt a meeting should take place to discu$s t~e situation further. Chairman Bennington advised that should there be a problem with the drainage or any other aspect of the project, the whole project will have to come back to the Planning Board for review. Mr. Finn made a motion to table these site plans until the City Engineer can review the drainage system. Mr. Chenoweth seconded the motion. Mr. Opal stated that all of the people mentioned in the Comments sheet should review the problem, not only the City Engineer. Chairman Bennington said there was no need to table it. Tfuese site plans can be approved, pending approval by the City Engineer that there are no problems. Mr. Finn with- drew his motion and Mr. Chenoweth withdrew his second. Mr. Chenoweth made a motion to approve these two site plans for final approval, subject to approval by the City Engineer concerning any problems with drainage in the subdivision. Mr. Finn seconded the motion. Chair- man Bennington stated that the reason for approving these in this manner is so that Mr. Wallace will not have to come back before the Board if there are no problems found. Upon roll call, Motion CARRIED 3-1, Mr. Opal voted NO. SP-8403 - Luis Geil for Robert Voshell - Miniwarehouse - 22nd & Hibiscus Mr. Luis Geil was present to discuss this plan. Chairman Bennington stated this was a sketch plan for a miniwarehouse and it does not comply with the Code. Mr. Geil said that it complies with the setbacks and everything else but it does not comply with the definition of a mini- warehouse. He stated that there is no size limitations on a miniware- house in the County or New Smyrna. He further stated that his client is in need of a larger area than what is required in the Code for a mini- warehouse, and there is no definition in the Code for a warehouse or storage building. Chairman Bennington read from the Code under Special Exceptions for B2 zoning - unclassified businesses should apply to the City Zoning Board for approval. He said that what Mr. Geil is asking to build, is not in the Code, it is not a Permitted Use. Mr. Gei1 stated it is a ware- house, larger than a miniwarehouse. Chairman Bennington referred to the Code under d.1 of the B2 section wherein the Permitted Uses were amended to allow between 20th and 30th Street on Guava and Hibiscus, auto body shops, minishops, tool and grinding shops. This structure is like a garage. Mr. Geil stated it would never qualify as a shop because there are no bathroom facilities. He further stated that his client wants to use the building for storage of antique cars. Chairman Bennington reiterated his previous suggestion that unspecified businesses are to go to the Zoning Board and they would have to ask Council to amend the Permitted Uses to allow that type of storage fac- ility to be constructed in the B2 zone. Mr. Geil asked if everything -3- Planning Commission Meeting February 1, 1984 o o else complied with the Code requirements. He was advised that the plan complied with the other requirements of the Code. Mr. Opal made a motion to reject this sketch plan because it is not in compliance with the Code requirements. Mr. Finn seconded the motion. Chairman Bennington added that it be noted that Mr. Geil has been advised that he can go to the Zoning Board and request that this type facility be added to the Permitted Uses in the B2 zone. Upon roll call, motion CARRIED 4-0. SP-83S3 - Edgewater Alliance Church - Addition - 310 North Ridgewood Mr. Amaral, engineer for the Church, was present to discuss the plans. Mr. Chenoweth made a motion to remove this item from the table, seconded by Mr. Opal. Motion CARRIED 4-0. Chairman Bennington referred to the letter from the City Engineer, Frank Marshall, concerning this site plan, specifically in reference to the City property that will be used by the Church in the drainage system. He stated that he questioned Mr. Marshall's ~tatement that the Church can provide a maintenance bond and use the City property for the drainage system, without City Council approving of this procedure. He then had the secretary read this letter into the minutes. Mr. Amaral stated that he has prepared the cost estimate that Mr. Marshall asked for concerning the maintenance bond, and he gave this estimate to the secretary. Chairman Bennington read the estimate and noted that it stated the total cost for the project was $7,480, with $1,000 for mis- cellaneous paving and landscaping; the rest is for the drain fills. Chair- man Bennington stated that the property on the south side is City property. He was under the impression at the last Planning meeting that the Church members were going to ask City Council for permission to use this land. Mr. Marshall advised him that the City Admjnistrator advised him that the City just issues a deed and lets them put the system in. He stated he did not feel this was the correct procedure. A discussion then ensued regarding this procedure. Chairman Bennington stated that he thought the proposed system would improve the situation that presently exists. Mr. Armstrong, a member of the audience, said that the Code says you cannot increase the non- conformity of a piece of property and RS zone is on the back of the Church property. He further stated that they need a Special Exception. Chairman Bennington said the Special Exception would be needed if they wanted to build a Church in RS or expand a Church in RS and they are not doing this. Mr. Opal stated he did not feel the system for drainage was adequate. Mr. Amaral advised that this system was designed to take care of all the water from the property. It will percolate and handle all of the run-off, including the parking lot and west side of the Church. Mr. Opal said it should be sent to DER and have them come out and check it to see if it is adequate or not. Mr. Opal made a motion to send the site plans to DER to get their opinion on the whole project. Motion DIED for lack of second. Mr. Finn made a motion to give this site plan final approval, subject to Council approving using City property for the drainage system. Reverend Siano questioned whether the 10% bond that they will be required to furnish the City would not satisfy the problem of not requiring approval from Council to use City property. Chairman Bennington stated no, he did not know who was going to take care of it four years from now. Reverend Siano stated in Frank Marshall's letter it says that the Church has to maintain this system as long as they own the property. Chairman Bennington said that there could be liability involved, if someone were to be walking down the street while the property is under construction and falls and causes harm to themselves, liability would be involved, and you would be digging up this property without the official representatives of the City giving you permission to do so. He stated that he did not feel this Board, nor Mr. Marshall, nor Connie Kinsey have the right to give them permission to do that, adding that he may be wrong but feels that -4- Planning Commission Meeting February 1, 1984 ~ ~ Council should make that final decision. Mr. Chenoweth seconded Mr. Finn's motion. Mr. Opal asked that Mr. Finn's motion be amended to include DER checking out the project for proper evaluation. His amendment DIED for lack of second. Upon roll call on Mr. Finn's motion, motion CARRIED 3-1. Mr. Opal voted NO. There being no fwrther business to come before the Board, Mr. Finn made a motion to adjourn, seconded by Mr. Chenoweth. The meeting was adjourned at 8:20 P.M. Minutes submitted by: Susan Mista - 5- Planning Commission Meeting February 1, 1984 o Date ~..\nh 1'(\ H j C-u~~ 1~"~ irf' . ~~~ ~ ~~ ~ j~ ~I (j \ --rr 1'\. -!. \l a/ ~ - ~ . at \1')'\ J ~ j ./ ~ :; (j \~ , .