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09-21-1983 o o CITY OF EDGEWATER PLANNING COMMISSION REGULAR MEETING SEPTEMBER 21, 1983 Minutes Chairman Bennington called the regular meeting to order at 7:05 P.M., in the conference room of City Hall. ROLL CALL Members present: Messrs. Bennington, Opal, Chenoweth, Quaggin and Hillerich. Mr. Finn was excused. Also present: Mr. Garthwaite, Earl Wallace, Mr. Rossiter, Mr. and Mrs. Winchell, Mr. Coleman, two members of the press, and secretary, Susan Mista. APPROVAL OF MINUTES Moved by Mr. Chenoweth and seconded by Mr. Quaggin to approve the minutes of the September 7, 1983, meeting. Motion CARRIED 5-0. SITE PLAN REVIEWS SP-8323 - Rossiter Construction - Gaslite Square - Duplex Chairman Bennington advised that the first item on the site plan require- ments list will not apply to these duplexes inasmuch as this was complied with when the subdivision was approved by Council. He asked if the plans show 5 trees planted, to which Mr. Rossiter advised it would be in excess of 5 because the lots are heavily planted with trees. Chairman Bennington read the comment from Terry Wadsworth, Public Utilities supervisor, stating he cannot process these site plans due to the fact the lift station is not operational, the water and sewer lines have not been pressure tested or cleared. This ~~11 have_to be straightened out before a CO is issued. Chairman Bennington referred to page 1556 in R4 zoning regarding the setbacks. He stated that in November, 1982, a letter was sent to Council asking that all setbacks in R4 be changed to 40', with the first 5' being landscaped. The letter never got to Council and never got passed, there- fore the Code has never been changed and is still 30'. The question to Mr. Rossiter was if he moved the building forward 4~', or even up to 10', that would keep the patio slabs in the back of the building out of the rear setback area and after the buildings are sold if the owner wanted to enclose that area, they would not be required to go before the Board of Adjustments for a variance. Mr. Rossiter said he was not sure the 30' ruling was still allowable. He agreed with Chairman Bennington's suggestion and advised he would move the building forward 5'. Mr. Chenoweth made a motion to grant preliminary and final approval, subject to the lift station being made operational prior to issuance of a CO, and the agreement that the building be moved forward 5' on the property. Mr. Opal seconded the motion. Motion CARRIED 5-0. SP-8324 - Rossiter Construction - Gaslite Square - Duplex Chairman Bennington stated that this duplex is in the same location, next to the previous one, same size lot, different building. He stated the plans show there will be at least 5 trees, the planted buffer is shown, and he advised that the sidewalks will be put in as the units are construc- ted. There is a time limit of 1 to 2 years that if all the development has not been completed by that time, the sidewalks will all be put in. Mr. Opal made a motion to approve this site plan, subject to the stipulations made in SP-8323, outside of the one patio. Mr. Hillerich seconded the motion. Motion CARRIED 5-0. o o SP-8325 - Rossiter Construction - Duplex - Gaslite Square Mr. Rossiter advised that this one sits on a large lot - 196'. Mr. Hillerich made a motion to approve this site plan, subject to the stipulations made in SP-8324, that being that prior to issuing the CO, everything must be made operational regarding the lift station and water and sewer lines. Mr. Opal seconded the motion. Motion CARRIED 5-0. SP8326 - Lorin Coppock - 20th & Guava, Commercial Building - Paint & Body Shop Mrs. Wheaton of Wheaton Construction was present to discuss these plans. Chairman Bennington advised the members that there was a new site plan in the package they were given when they arrived, showing 9 parking spaces that were required by the Code. Mrs. Wheaton advised there are no trees on the property because of the fire that burned them. Concerning the comments by the Public Works Department regarding the retention area not being shown on the plans, and the contradictory state- ment at the Department Head meeting by Mr. Copeland, agreeing that there were no problems in the area with the water retention, secretary, Susan Mista, advised the members that Mr. Copeland did not answer the question on the comments sheet. He was in disagreement with Bobby McFarland, the employee who answered same and it was Mr. Copeland's comment that there was no problem in this area. Chairman Bennington stated that the Fire Department commented that there was no spray booth shown on the plans. Mrs. Wheaton stated that they know what is required for this facility, however, it is difficult to show same on the plans. Mr. Opal questioned whether or not this type shop was permitted in the B2 zoning. After a discussion concerning same, it was agreed that it 1S permitted as a special provision in the Code. Chairman Bennington advised that the minimum yard setback is 40', provided the first 10' shall not be used for offstreet parking and shall be used for landscaping. He stated the building would have to be moved back 10' and the parking put on the right side. Chairman Bennington stated that any commercial building over $25,000 must have an architect's seal on the plans and a registered contractor to build it. He referred Mrs. Wheaton to Item lIon the Site Plan Require- ments list wherein it states that a registered sealed set of plans from an architect is required. He also referred to the State law, Chapter 481, wherein it states that any commercial building over $25,000 in valuation must have an architect's seal on it. It must have a registered or certif- ied general or building contractor to build it. Mrs. Wheaton advised that she was told she only needed an engineer's sealed set of plans. She also said it would not cost that much to build it. Chairman Bennington said that the pre-engineered buildings are the ones requiring an engineers seal by the Building Official due to the fact that some of these are engineered out of state. Chairman Bennington stated that as far as what he figures is needed for final approval, the building needs to be moved back 10' for a 40' setback, spray booth must meet the requirements of the Fire Code before issuing building permit, security lights installed and an architect's seal. Mr. Chenoweth made a motion to give preliminary approval to this site plan, subject to moving the building back 10'for a 40' setback, spray booth must meet requirements of the Fire Code before issuing building permit, installation of security lights and two architect's sealed sets of plans. Mr. Opal seconded the motion. Chairman Bennington stated that if the building does not cost $25,000 and something can be put in writing to that effect, then the State requirement will not apply and the architect's sealed set of plans will not be required. -2- Planning Commission Meeting September 21, 1983 o o Upon roll call, motion CARRIED 5-0. Chairman Bennington added that under Item 6 of the Site Plan Requirements List, concerning the Tree Preservation Ordinance, if there are no trees, some must be planted. SP-8327 - Jerry Winchell - Edgewater Drive - Duplex Chairman Bennington advised that this site plan needs a special exception from the Board of Adjustments to build a duplex in this zone. Mr. Opal questioned as to whether or not construction has started on this site yet. Mr. Winchell advised that the dirt has been moved, however, construction has not begun. A discussion then ensued regarding the new requirements by the Building Official concerning the first stages of construction in the City and the policies that were required concerning same. Chairman Bennington stated that the water retention is shown and he assumes it will meet the approval of the Building Official. The setbacks are good, parking is good, planted buffer is shown, and existing trees are shown. Chairman Bennington referred to the Comp Plan, under Land Use, Item 2, Page 1-8, it states to encourage commercial users to locate from centers of concentrated activity convenient to residential areas, while not allowing commercial enroachment into residential areas. Even though it is zoned that way, he said that would be commercial enroachment into residential area if you strictly held development to commercial on that lot. It also states in the Comp Flan to disooulIra,ge commercial traffic into a residential area. This area is basically all residential. It also says to encourage multi-family residential dev'e1o~ment in areas close to commercial and recreational centers with direct access to major roads. Again you are back to splitting your commercial from residential by using multi-family to do it. Mr. Chenoweth made a motion to approve this site plan for final, it does comply with the Comprehensive Plan, subject to the Board Adjustments granting a special exception in the B3 zoning area. Quaggin seconded the motion. Motion CARRIED 5-0. that of Mr. SP-8328 - R. A. Coleman - Shangri-La - Duplex Mr. Coleman asked the Board members if they would consider reviewing the three site plans he has submitted for the three duplexes, in that they are almost the same construction, at one time, rather than individually. Mr. Opal stated he did not have a plot plan of the subdivision and does not know where these lots are situated. Chairman Bennington asked Mr. Coleman if most of the lots were fairly well wooded, to which Mr. Coleman replied that they were and he likes to keep all the trees that he can. Mr. Hillerich noted that the plans do not show the driveways nor the rear setbacks. He stated that he was not only referring to these specific site plans, but in the past he has found this omission on plans and it is his opinion that these requirements should be followed. The landscaping also should be shown on the drawings. A discussion then ensued concerning how a developer could show on the plans certain trees that would remain, thereby complying with the Tree Ordinance which is necessary before a CO can be issued by the Building Official. After a discussion concerning the flood plain area, it was determined that this property is located in Zone C. Mr. Quaggin made a motion to approve this site plan for final, as submitted. Mr. Hillerich seconded the motion. -3- Planning Commission Meeting September 21, 1983 o o . I Mr. Chenoweth made an amendment to Mr. Quaggin's motion that SP-8329 and SP-8330 also be included in the original motion. Mr. Quaggin accepted the amendment to his motion. Chairman Bennington asked for roll call on the amendment first. Motion CARRIED 4-1. Mr. Opal voted NO advising that he did not have the original. plot plan and he does not know where these three parcels are located. Chairman Bennington asked for roll call on the original motion. Motion CARRIED 4-1. Mr. Opal voted NO. MISCELLANEOUS Earl Wallace asked the Board if they would consider reviewing a piece of property in Florida Shores on Hibiscus between 21st and 22nd in B-2 zone. He advised that approximately two years ago when the fire went through that area, it left on this property a slab. At that time, there were no side setbacks and this structure was built 3' from the south property line. The present owner would like to reconstruct it and he asked the Board if and how this could be accomplished. He thought it might be considered a non-conforming lot. Mr. Hillerich asked what the proposed use would be for this location, to which Mr. Wallace replied that it would be in compliance to the B2 zoning, possible office, businesses, etc. Chairman Bennington asked Mr. Garthwaite if this slab was not there, if this were a vacant lot, could a variance be granted to build within so many feet of the lot. Mr. Garthwaite advised that in answering without looking into the situation further, no. Chairman Bennington stated that if someone came in with a house that was built within the proper setbacks and wanted to add a room, which would then make them nonconforming to the setbacks, could they then be granted a variance. Mr. Garthwaite stated that was what the variance is for. Mr. Garthwaite also stated that if the property is nonconforming, you would not want to increase that non- conformanqe. A discussion then ensued regarding what could be done within the Ordin- ance regulations to build in a situation such as this. Chairman Bennington advised Mr. Wallace that as far as this Board is concerned, they would have to go by the nonconforming structure that was destroyed cannot be rebuilt. The Board members agreed. He further stated he may be able to request the Board of Adjustments for a variance due to the special circumstances involved. Mr. Wallace said that he felt it would be turned down by the Board of Adjustments due to the requirements concerning granting of a variance. Chairman Bennington requested that the secretary bring the subdivision plat to the meetings where a site plan will be reviewed in approved subdivisions. The secretary agreed to comply with his request. Chairman Bennington referred the Board members to the letter that was given to them before the meeting from Susan Mista, regarding David McCallister's mobile home park. He then read the letter to the Board, wherein it stated that, according to Mr. Alvarez, Mr. McCallister was not required to provide 40 spaces in the park in compliance with the most recent Ordinance. The letter asked the Planning Commission what further requirements were needed before Mr. McCallister can begin con- struction on the park, inasmuch as Mrs. McCallister has requested same from the secretary. Chairman Bennington advised that the letter should state that they need to provide a letter from their engineers to Briley, Wild concerning the 100 year flood plain, come back to Planning for final site plan approval, and after construction is completed they will have to come before Council for approval of the plan before an occupational license is issued. -4- Planning Commission Meeting September 21, 1983 o o Mr. Quaggin asked why the proposed budget for the Planning Commission for 1984 was so high. He was informed that that figure includes a salary for a part-time englneer, which the City hopes to employ. Upon motion by Mr. Quaggin to adjourn, seconded by Mr. Hi11erich, the meeting was adjourned at 9:05 P.M. Minutes submitted by: Susan Mista -5- Planning Commission Meeting September 21, 1983 o " Q ---l 4- \ 4-\ ,. ',~ . f . i r .- .~~~ ! ;d o.[l{ .. . ... . ,.. I "1 j . H'~' -, a am", , ", J '1" 'T ,. .' 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