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12-21-1983 u <.J CITY OF EDGEWATER Planning Commission Regular Meeting December 21, 1983 Minutes Chairman Bennington called the regular meeting to order at 7:00 p.m., in the Community Center. ROLL CALL Members present: Messrs. Bennington, Opal and Chenoweth. Excused: Messrs. Finn, Quaggin and Hillerich. Also present: Joan Taylor, secretary, and members of the press. Mr. Frank Marshall, City Engineer, was also present. APPROVAL OF MINUTES Mr. Opal motioned to approve the minutes of the November 30, 1983 special meeting. The motion was seconded by Mr. Chenoweth and CARRIED 3-0. Mr. Opal motioned to approve the minutes of the December 7, 1983 regular meeting, seconded by Mr. Chenoweth. The motion CARRIED 3-0. Neither Mr. Opal nor Mr. Chenoweth were present at the December 8, 1983 workshop, therefore, the minutes for this meeting will be on the next meeting's agenda for consideration. SITE PLAN REVIEWS SP-8219 - - Revised - Luis Geil - Multi-family (108 apartments), Marion Avenue Preliminary/Final approval Mr. Luis Geil was present to discuss the plans. Mr. Bennington said they had received a long letter from Mr. Marshall on the drainage problems. Mr. Marshall, City Engineer, explained that Mr. Geil has resubmitted another drainage sheet to him and it takes care of most of the problems. He needed to see, for final approval, some detail on the underground exfiltration system now proposed. He suggested that corrugated aluminum pipe be used instead of the corrugated metal pipe. Mr. Geil was agreeable to this. He asked about where the existing storm sewer is located and Mr. Geil said he would show it to him in the field; it is shown on the plan. Mr. Marshall asked Mr. Geil to change the elevations on his drawing so that the boundary between Shangri-La and Mr. Geil's project would have a small berm. Mr. Geil agreed to do this. Mr. Marshall said that he is well satisfied with Mr. Geil's site plan. Mr. Bennington asked if Mr. Geil has done his calculations on the overall project as to open space which was requested at the December 7 meeting. Mr. Geil stated there is 6.03 acres, or 662,666 square feet. Buildings and walkways cover 69,131 square feet, which is 26.32 per cent. All the 24 ft. drives add up to 32,640 square feet, making 12.43 per cent. Both adding together and deducting from the total leaves open space of 61.25 per cent. Concerning the lift station, Mr. Marshall explained that when the flow from Mr. Geil's project goes into the Shangri-La lift station it will bring it to capacity, but the lift station is big enough to handle this project. If anything else needs to be added to it it will possibly need to be upgraded. Mr. Opal asked\where the top water was going to flow. The City Engineer said that it would flow north; if the freeboard is put around it and the system is constructed as it is drawn it all runs to one catch basin. He has certain areas flowing into certain ponds and they all flow into the catch basin. In Mr. Marshall's opinion he has taken the proper precautions to do what the Code requires him to do for stormwaters. He pointed out that the project is designed for one condition called the "design storm". The Chairman reminded Mr. Geil all the covenants in writing. but would submit the covenants permit. that he will need to provide to the City Mr. Geil said he has not done this to date regarding maintenance prior to pulling the u o Mr. Opal questioned Mr. Marshall about the items listed in his letter asking if Mr. Geil has complied with everyone of them. Mr. Marshall said that basically Mr. Geil did not know what he needed as input to evaluate the site plan. When Mr. Geil added things to the site plan and showed him where everything would go, he made a few changes to it, and it is now satisfactory. Mr. Opal asked who was responsible for installing the 6-inch line down Marion Avenue and Mr. Geil responded that the developer would be. Mr. Coleman was present and asked where the drainage was going into the Shangri-La: system. Mr. Geil pointed it out to him and remarked that there would be less water flowing into it than there is now. It was pointed out that a new drainage sheet will need to be added to the plans to reflect the changes approved by Mr. Marshall. Mr. Geil said that he would provide it. Referring to the berm, Mr. Marshall said that he would like to see that all around the property. This would be a one-foot freeboard to the west and north. . Mr. Chenoweth made a motion that the preliminary and final approval be given to Site Plan 8219, subject to the berm on the west and north being constructed and submission of restrictive covenants for maintenance of the open space on the site. Mr. Opal seconded the motion, which CARRIED 3-0. Mr. Bennington informed Mr. Geil that the recreation ordinance was just passed for an impact fee per unit. SP-8337 - Sam Hatoum - 24 unit rental complex at 322 N. Ridgewood - Final Mr. Bennington reviewed the comments from the City Engineer in which he called for three changes and additions: (1) clearing up driveway problem - move access to the south, (2) 42-inch squashed aluminum, corrugated culvert, and (3) add outer boundary freeboard. The secretary read Mr. Marshall's letter to Mr. Parker K. Mynchenberg, P.E., the engineer for the project, in which he recommends that the access onto Canal be eliminated altogether or move it back to the south and eliminate the straight-through drive from Ridgewood by shifting the building locations, provide a minimum culvert of 42 inches if;the driveway comes in from Canal Road, and suggested reviewing the elevations on the drawings and make sure all runoff leaves the site via the designed overflow discharge into the canal. Mr. Parker Mynchenberg was present and said that he just received a copy of the letter a few minutes ago. Mr. Opal pointed out that the letter refers to Canal Street; this is Canal Road. Mr. Mynchenberg said he had talked to Mr. Hatoum, and has not quite completed the plan as recommended by Mr. Marshall. He has moved the drive and except for the covenants and restric- tions, they have taken care of the other concerns. Chairman Bennington said that the Police Department and Fire Chief had been asked to comment on the plan if the project has no access to Canal Road; both the Fire Chief and the Police Chief said that they felt that the access was needed on Canal Road for emergency purposes. Mr. Bennington asked Mr. Marshall if the culvert as shown now is what he wanted and Mr. Marshall said that it is adequate. Mr. Mynchenberg said the easements are shown on the drawing but they have not been recorded to date. The driveway onto Canal Road has been moved to the south as recommended by Mr. Marshall. Upon questioning by Mr. Opal Mr. Mynchenberg explained the new plan as opposed to the previously submitted plan. The building location was shifted as suggested by Mr. Marshall. Because of the elevation of the property, Mr. Marshall explained that he is not asking for the one-foot berm. The water will flow naturally toward the retention area. Mr. Opal asked how this would all fit into the Canal Road on the west. Mr. Marshall said that the system, if it is properly constructed, will not increase the runoff into the canal from what it is now. Mr. Armstrong spoke to the Board members, stating that he lived in the area and was familiar with the drainage problems there. He indicated that if Planning Commission, 12/21/83 - 2 - ~ u the changes were made as recommended would retain the first inch of water to the project providing the streets or deeded to the City of Edgewater or by the City Engineer, and if he as required, he has no objection he puts in are public dedicated he obtains proper driveway permits. Mr. Bennington said that aocording to the City Engineer, the developer is complying with the Code, and he personally would rather see them maintain ownership of the driveways. Mr. Mynchenberg said they would get a D.O.T. permit. Mr. Bennington went over the items they still needed: the D.O.T. permit, the restrictive covenants for the open space, recording of the easement and architech's sealed plans for the buildings before they pull a permit. Mr. Opal asked if the culvert would be 42 inches. Mr. Mynchenberg advised that it would be an elliptical equivalent, 33"by 52" squash pipe. Mr. Chenoweth moved that final approval be given for Site Plan 8337, subject to providing the driveway permits and restrictive covenants for the open space. Mr. Opal seconded the motion, which CARRIED 3-0. Mr. Hatoum was advised also of the recreation ordinance now in effect. SP-834l - Ogil Reed - Storage/Warehouse, 22nd Guava - preliminary/Final Mr. Reed was present to discuss his proposal. Mr. Bennington asked if he had submitted new plans, and if he had been advised by the secretary that the use he proposed is not authorized in that zoning. Mr. Reed said he would like to know where the Code says you cannot build a warehouse. Mr. Bennington said the only thing permitted in B-2 is a miniwarehouse. He reviewed the definition of a miniwarehouse, which calls for a total cubic capacity of 2,000 cubic feet. The permitted uses were discussed, and Mr. Reed maintained that the Board members were reading the Code incor- rectly. He said that 30' x 60' buildings have been going up there for a long time. He maintained that he is only using 2700 square feet of the property. Mr. Greg Stewart was present and reported that the Zoning Commission, of which he is Vice Chairman, is in the process of reviewing Ordinance No. 79-0-18 to change it. It does specify a building of this type by size and by usage; if it does meet the necessary parking, and restroom regulations it would be permitted. This would re separated from having just a miniware- house definition. They will recommend that a regular warehouse be permitted. Mr. Opal asked who requested the change. Mr. Stewart said that he had brought it up and the Zoning Commission is r.ecommending it. Mr. Reed said that if they want him to build a warehouse that small he would not get a permit - because that is a garage. Mr. Bennington said that the 10' x 10' x 20' is for a structure or part of a structure. You can build the size building asked for if you do not exceed this size bay built in it. Mr. Reed said he was not putting in any bays, and Mr. Bennington said that the open structure he is requesting is not permitted. Mr. Reed said that if he had to put partitions in he would put them in. Mr. Bennington said that to build a storage warehouse the permitted uses would have to be changed; he understood that the permitted uses are in the process of being updated. Mr. Reed said that if they want partitions he would change the plan and submit it back. Mr. Bennington agreed that to comply with the ordinance it would have to have partitions. Mr. Reed agreed that he would resubmit it on that basis; he wanted to stay with the Code. Mr. Opal motioned to reject the plan because it doesn't comply with the zoning. Mr. Chenoweth seconded the motion. The motion CARRIED 3-0 to reject the plan. SP-8342 - Coronado Paint Company .- Raj. Dhawan .- 'Warehouse addition - Prelimi- nary and Final. Mr. Robert Howard was present to present the preliminary plans. He advised the Board that they have not submitted any water management data. His engineer passed away a couple of weeks ago, so they are just asking for preliminary approval. Mr. Marshall said that the plans look alright to him, but he would like to go over the site with Mr. Howard to check the drainage. He did not foresee any problems. Chairman Bennington noted that the setbacks are in order and the building Planning Commission, 12/21/83 - 3 - u Q structure covers approximately 18 per cent, well under the 42 per cent total limitation of the Code. Mr. Opal asked about the small lake on the property. Mr. Howard pointed out the proposed retention pond near Ocean Avenue.and a wastewater area from the paint manufacturing process, which will be filled. Mr. Howard said there would be a buffer along the front of the property. No new employees will be added therefore no additional parking is needed. He pointed out that there is a parking lot across the street for his employees. He noted also that the building will be raised four feet above the road so that the trucks will be backing into a raised platform slab. Mr. Howard emphasized that in their stormwater management calcu- lations there will be a bermed area so that they do not add to the 25-year flood, so they will have a safety factor to retain all of the on~site water. This will be not only for water-retention, but so that children cannot get out into the storage yard, which will be fenced, as they proceed to build in the years ahead. Mr. Howard informed the Board that they will have a sprinkler system and standpipes. Mr. Chenoweth motioned that the SP-8342 be given preliminary approval, as presented; Mr. Opal seconded the motion, which CARRIED 3-0. SP-8343thru 8350 '- Coleman: Construction Company - request for Preliminary / Final approval- Duplexes - R-4Zoning Mr. Bennington reviewed the Department Head comments, noting that the City Engineer's comments say that some sites in Shangri-La are in the 100-year floodplain and the finished floor must be above base flood. Mr. Coleman advised that none of the lots being considered tonight are in the flood- plain. Mr. Chenoweth moved that SP-8343 thru 8350 for Coleman Construction Company be given preliminary and final approval for duplexes as presented. Mr. Opal seconded the motion, which CARRIED 3-0. SP-8351 - Hangfire Enterprises, Preliminary/Final approval for a drugstore, deli and a bank at Thomas and Ridgewood Avenue in the B-3 Zoning District. Mr. John Amaral was present to represent Hangfire Enterprises. Mr. Opal asked about the driveway entrances and exits. Mr. Amaral advised that the one entrance was for service traffic and the other for the general public. It was pointed out that there iiS no sewerage available and that a septic tank will be used. Mr. Marshall commented that they have exceeded the requirements of the Code for storm water retention, therefore no berm is needed around the property. Mr. Amaral advised that the trees shown on the plan, marked with a solid center, are new trees; those to be added are indicated. He felt it would be an attractive addition to the community. Mr. Marshall agreed, and complimented him on the well-done site plan. Mr. Armstrong, in the audience, commented on the sewer system and said that sooner or later there will need to be a sewer system put in. Mr. Amaral said that he had considered putting in a sewer system but they would have to fill the site four feet in order to get the required fall for the additional length of sewer line required. He said that Mr. Wadsworth supports the on-site septic tank. There is a drain field and it will percolate on-site. Mr. Opal said that he would not go with a septic tank idea in that location. Mr. Amaral said there are six toilets involved, with 150 gal. per toilet as allowed by the Health Department - 900 gallons per day, which is a very small quantity. It meets all the Health Board requirements. The sanitary flow per day is minimal. It was pointed out that Mr. Wadsworth's comments were that they will have to go with a septic tank in that location. Mr. Amaral said the property flows toward Riverside Drive; this is shown on the storm water calculations. Mr. Bennington asked what problems the developer would incur if the sewer line was extended down to the sewer line on Riverside Drive. Is that all Planning Commission, 12/21/83 - 4 - (.) (.) gravity feed? Mr. Marshall said that by the time it got down there it would be deep, for one thing. The lawn might not be deep enough. He said that in this soil a septic tank is an acceptable means; when it goes into the drain field it is basically treated liquid. He advised that he could see no problem with it. He pointed out that once Terry Wadsworth determines that there is no sewer available, it comes under the Health Department jurisdiction. He assured the Board members that it does meet their standards. Mr. Opal asked how many septic tanks were in there and was advised that there will be just one, which is adequate for a 900 gallon per day flow. Parking was discussed; it was determined that the 35 spaces provided is adequate. The deli is expected to be a take-out deli. Mr. Opal asked the City Engineer if another septic tank shouldn't be required. Mr. Marshall said that with that soil it will drain and he won't have any problems with it. Mr. Amaral said that the Health Depart- ment prefers just the one septic tank. He said they will do whatever the Health Department requires. Mr. Chenoweth motioned that SP-835l be given preliminary and final approval subject to one provision, that the septic tank situation be appraised by the Health Department as to whether the present design is adequate or whether a change is necessary. Mr. Opal seconded the motion, which CARRIED 3-0. SP-8352 - Belmont Homes - Pelican Cove West, Preliminary/Final Approval - duplexes - R-4 Zone. Mr. Opal asked if these were the buildings which a red-flag was put on - a stop order. Neither Mr. Nolan, present to represent Belmont Homes, nor Mr. Bennington, Chairman, was aware of what he meant. Mr. Opal said there were three homes where they had problems and had put a stop-order on them. Mr. Nolan said to date they have not received a stop order on Phase 1, Section 1 of Pelican Cove. This is the remainder of the lots left in Phase 1. Mr. Nolan said there was single family applied for in Phase 1, Section 2. Lots were not redivided, and they stand as they are on the original site plan. Mr. Bennington said he had seen a plan or piece of paper which showed where they were redividing lots and putting single family homes on them. Mr. Nolan said that redivision was done by Florida Power for the purpose of installing utilities. Mr. Bennington noted that there were two plans on one application with one number and asked if there was just one fee paid. Mr. Nolan said that there was one fee paid. Mr. Bennington said he had discussed this with the City Clerk and was advised that a separate fee needed to be paid for each plan. Mr. Nolan said that was no problem. Mr. Chenoweth asked if they were all in Phase 1. Mr. Nolan responded that they were and this would final up Phase 1, Section 1, with the other plans submitted tonight. Mr. Bennington said there would be no problem with the plan as far as the density is concerned. Mr. Nolan said the density would be less, as they are asking for single family instead of duplexes on some lots. Mr. Bennington noted that as each of these plans are submitted and approved this would therefore be new site plans for that lot or section; as they are approved that would be a change in the site plan. The original approval of the site plan was for duplexes; by resubmitting you are chang- ing the site plan and as it is approved it is an approval of the site plan. Buffers were discussed. Mr. Bennington said that with the plantings and buffer being put in they are staying in phase with what has been done. Mr. Opal said that he happened to be at the State's Attorney's office yesterday morning concerning this project, and as it is right now, he is going to vote no on everything pertaining to this. Mr. Nolan asked Planning Commission, 12/21/83 - 5 - o CJ if he would care to give a reason. Mr. Opal replied that it is under investigation. "I am going to vote against everything as it is. Period." Chairman Bennington said that as far as the Board has now, this is an approved subdivision; it is being treated as R-4 zoning. He said that he did not have anything telling him anything different. Mr. Chenoweth said that he did not see anything wrong with it. The ordinances which Mr. Opal thought were mishandled and which he gave to Mr. Chenoweth ~ that one passed on November 16th - was in order. Mr. Chenoweth said that he thought it was properly zoned R-4, and the Planning Commission has to abide by what they know, therefore he moved that SP-8352 for the two duplexes be given preliminary and final approval with the stipulation that the additional fee of $75.00 for the site plan be paid. Mr. Opal would not second the motion. Mr. Bennington turned the gavel over to Vice-Chairman Opal. Mr. Bennington seconded the motion. Upon roll call the motion CARRIED 2-1. Mr. Opal voted No. SP-8356, SP-8357 and SP-8358 - Belmont Homes (Pelican Cove West) - Prelimi- nary/Final approval - single family homes - R-4 Zoning Chairman Bennington read a memorandum dated December 21, 1983, from the City Clerk/Administrator to the Chairman and members of the Planning Commission, as follows: "Due to the fact we have administratively instituted the procedure in Section 715.02 of the Edgewater Code of Ordinances and the attached permits were in the Building Department prior to December 15 (date of administrative decision), I would like to request the Planning Commission review the three attached applications at their regular meeting of December 21, 1983. Thank you for assisting me in trying to resolve some of our longstanding problems." Mr. Bennington asked the Board members if they wanted to hear the cases. Mr. Opal said that he did not, as he had tried to get something put on the agenda five days ahead of time, and was not able to. He suggested they be put on the next agenda. Mr. Bennington pointed out that they had been in the Building Department since December 15. A vote was taken of the Board members to determine if the cases should be heard at this meet- ing. Mr. Chenoweth voted yes, Mr. Opal voted no, and Mr. Bennington voted yes. Mr. Bennington said he did not see any reason for holding them until the next meeting; they were complying with the procedure at the time, and they have now been told to do this. He noted that they exceed the requirements that have been approved for single family houses in an R-4 zone. Setbacks are in order, per the requirements that were in effect at the time they came into the office. The plantings and trees will be the same as the rest of the project, per Mr. Nolan. Mr. Chenoweth moved that the three single family homes on Lots 3; 4 and 5 Block B, be given final approval. Mr. Bennington passed the gavel to Vice-Chairman Opal, and seconded the motion. The motion CARRIED 2-1. Mr. Opal voted no. REZONING - Richard Webster - Change from R-3 zoning to B-3 zoning to allow for a new and used furniture store on Park Avenue Mr. Earl Wallace was present to discuss the proposed rezoning. He explained that Mr. Webster was called to California last.Sunday and asked Mr. Wallace to review the proposal with the Board to see if it complies with the Com- prehensive plan and the zoning so that it can be taken to the Zoning Board next month. He explained that the house sets in the alley easement between the Edgewater Water Department and the Earl Tingle property to the north. The west line is the division of B-3 and R-3. There is a 50 foot lot iso- lated by ~his easement that goes back and around by the Jiffy Store. Mr. Tingle's lot and Mr. Webster's lot are in R-3. Mr. Tingle has sub- mitted a letter dated December 12, to state that he has no objection to the Webster property being rezoned to B-3. Planning Commission, 12/21/83 - 6 - o u . . Mr. UpaL asked if this would be spot zoning. Mr. Wallace said that In his opinion it wuuld not be spot zoning as the property borders and does have a natural easement to the east. Mr. Bennington asked about Wilkenson StreeL, noting tnat the map shows it as a deadend, but it does go through. Mr. WaLlace expressed his appreciation for the City Engineer being present at the Planning Commission meetings. Mr. Armstrong was present and gave a brief his~ory of the homes in the area. Chairman Bennington reviewed the Comprehensive plan pertaining to rezoning. He commented that having the lot zoned R-3 is perhaps inconsistent with the area. He pointed out tha~ the Planning commission recommendation will go to the Zoning Commission and then ~o City Council for a publiC hearing. Mr. Chenoweth made a motion to recommend to the Zoning Board tha~ the change be made from R-3 to B-3 for the si~e a~ 111 East Park Avenue owned by Richard L. Webster, based upon the Planning Commission's finding that it does comply with tne Comprehensive Plan. Mr. Opal would not second the motion. Mr. Bennington passed the gavel tu Vice Chairman Opal. Mr. Bennington seconded ~he motion. The motion CARRIED 2-1. Mr. Opal voted NO. Mr. f'rank Marshall said that ne would be present at the Planning Commission meetings anytime that he was needed to comment on site plans. He mentioned that Mr. Amaral's plans are a good example of what is needed on the plans presented to the Board. He referred to page 761 of the Edgewater Code and said that the four items listed there will be required by him, iD addition to those items lis~ed on the site plan checklist. Mr. Bennington asked the secretary to prepare this list and give it to the applicants along with the site plan requirements List. Mr. Marshall also asked that for large projects the applicant go through two meetings, one for preliminary approval and ~hen the final. 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