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12-17-1987 r ~ ~ ~ , CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING THURSDAY, DECEMBER 17, 1987 9:00 A.M. COMMUNITY CENTER Chairman Wheeler called to order a regular meeting of the Planning and Zoning Board at 9:00 A.M., Thursday, December 17, 1987, in the Community Center. ROLL CALL: Members present were Mrs. Blazi, Mr. Klein, Mr. Loeffler, Mr. Mackie, Mr. Rossiter and Mr. Wheeler. Also present were Dennis Fischer, Building Official, Pat DiLeva, Code Inspector, Connie Martinez, City Clerk/Admin- istrator, Susan Wadsworth, Deputy City Clerk, Beverly Kinney, Board Secre- tary and interested persons. Mr. Quaggin was excused from the meeting. APPROVAL OF MINUTES: The minutes of November 19, 1987, were presented for approval. Mr. Loeffler moved to approve the minutes, seconded by Mr. Mackie. Motion Carried 4-0. Mr. Klein and Mrs. Blazi did not vote as they were not present at the meeting of November 19, 1987. SITE PLANS: SP-8713 Belmont Plaza Luis Geil B-5 U.S. l/Falcon Avenue: Sections of this item did not record. Mr. Geil was present to discuss this site plan. Mr. Wheeler went through the Department Head checklist noting the Building Official had no comment, the Planning Department noted there were twenty-five (25) trees removed without a tree removal permit, and the engineering had been approved. Mr. Geil reminded the Board the plan had been tabled pending a report from the Department of Transportation regarding Falcon Avenue ingress and egress. The Board discussed the recommendation from D.O.T. to widen Falcon Avenue. Mr. Wheeler felt the road should be widened to the catch basin shown on the site plan. Mr. Geil agreed it could be done. Mrs. Blazi read part of the letter from D.O.T., dated November 17, 1987, into the record. (see attached) Mr. Wheeler opened the floor to audience comments: John Scherz, Egret Court, Pelican Cove West: Discussed Falcon Avenue and the fact Mr. Carder, developer, had assured Mr. Scherz there would be no ingress or egress from the proposed plaza to Falcon Avenue. Mr. Scherz added, Mr. Carder had tentatively agreed if the entrance on Falcon Avenue was required, he would put another form of ingress and egress for residents of the Pelican Cove West subdivision. Mr. Scherz discussed the high percentage of retired people living in the subdivision and the amount of children using Falcon Avenue to get to and from the school bus on U.S. 1. Mr. Scherz felt D.O.T. did not take the residents of the subdivision into consideration when making their recommendation. The Board further discussed the safety factor regarding the use of Falcon Avenue for the proposed plaza. The Board also discussed the fact there ~ere no comments from the Police Department regarding Falcon Avenue. Mr. Scherz asked how the Police Department could O.K. the street light locations when there were only runway lights on Falcon Avenue. Mr. Mackie pointed out there were four (4) pole lights proposed for the project on Falcon Avenue. Mr. Klein asked if there was anything in writing from Mr. Carder regarding his assurances to Mr. Scherz. There was something in writing which was given to the Secretary to read into the record. (see attached) Mr. Scherz stated he was also concerned about future development on the other side of Falcon Avenue, which was also owned by Mr. Carder. Ted Medrick, Egret Court, Pelican Cove West: Agreed with Mr. Scherz and added there were now one hundred (100) homes in the subdivision at the current time, and there would be many more homes built. The Board discussed widening Falcon Avenue back to the catch basin, glvlng the residents of Pelican Cove West plenty' of room to get in and out of the subdivision. Mr. Rossiter moved to accept the site plan if the widening of Falcon Avenue was continued back to the catch basin. Mr.. Klein moved to include a sidewalk. v ~ Belmont Plaza continued: Mr. Scherz stated he had to go to the Police Department to get traffic signs posted and the Code Enforcement Officer had been called on many occasions because of violations. Mrs. Blazi stated there was a point of order on the floor. The site plan had been tabled at a previous meeting, but she was not sure if she or Mr. Klein had tabled the plan pending review and a report from D.O.T. Mr. Rossiter stated there was a motion on the floor to approve the site plan if the 3rd lane was extended to the catch basin and a sidewalk was added for safety to the end of the project property, including the curve of Falcon Avenue. Mr. Loeffler seconded the motion. Mr. Wheeler opened the floor to questions. Mrs. Blazi felt the Board should help alleviate the problem by requesting another route for the residents of Pelican Cove West. Mr. Klein asked Mr. Geil if the property on the other side of Falcon Avenue was also owned by Mr. Carder and if he would be willing to straighten out Falcon Avenue for the residents. Mr. Geil stated Mr. Carder did own the land, but did not have plans to straighten out Falcon Avenue until he was ready to develop the land. Mr. Rossiter asked Mr. Wheeler to call for the vote. Mr. Wheeler did so. Motion Carried 4-2. Mr. Klein and Mrs. Blazi voted no. Mr. Loeffler moved to proceed with the discussion regarding reV1Slons to Section 11 (Junkyards and Occupational Licensing Procedures). Mrs. Blazi seconded the motion. Mr. Pat DiLeva, Code Inspector, had an appointment and would have to be excused shortly. Mr. Alvarez, City Attorney, felt the Board could discuss this issue without Mr. DiLeva, but would need Mr. Dave Jones, Fire Inspector, present. The Secretary informed the Board, Mr. Jones would not be available for the meeting. Mr. Loeffler withdrew his motion and Mrs. Blazi withdrew her second. PRELIMINARY PLAT/SITE PLAN: SD-86-3 Edgewater Landing/Clubhouse Glenn Storch, Mark Dowst, Marty Berge MH-2 East side of South U.S. 1, near Roberts Road: Mr. Wheeler read through the Department Head comments then asked Mr. Alvarez to comment on the information he had included in the packets for this item. Mr. Alvarez stated the project was looked at by staff in a "task force" approach basis, and Department Heads reviewed this on several occasions. The plans were held from the Board until all the required permits had been obtained from the Department of Environmental Regulation (D.E.R.) and the Corps of Engineers, because wetlands were involved. Mr. Alvarez received a letter from Owens and Storch, Attorney's for the developer dated December 4, 1987, and a copy of a letter from Barbara Bess, of D.E.R., to Mary Hansen, of Owens and Storch dated December 10, 1987. Mr. Alvarez had some questions, ie: if the site plan is approved, how are we to know exactly where the wetlands are, how is the actual policing of the clearing going to take place, who is responsible for policing the clearing - the Corps of Engineers, D.E.R., or the City, and how close where they to actually obtaining permits from D.E.R. and the Corps of Engineers. Mrs. Martinez contacted Barbara Bess, at Mr. Alvarez's request. Mrs. Bess stated the enforcing of the uplands separation from wetlands separation is the complete responsibility of the developer. D.E.R. will go out to the site when they receive a complaint. Mrs. Bess stated the permits had been drafted, but had to be held for proper advertising time to elapse, but the permits would be issued on December 24, 1987. Mr. Storch introduced Mary Hansen who was in charge of environmental permitting for the project. Mrs. Hansen showed the Board an aerial photo of the site with overlays showing the wetland areas. She added the areas have also been surveyed and staked. Mr. Dowst, project engineer, showed the Board an overall plan, which also showed the wetland areas. Mr. Wheeler wanted to know about the recreation center. Mrs. Hansen and Mr. Storch showed the Board where the proposed recreation center would be. The site plan for the recreation center was also included in the site plans the Board received with their packets. It was noted the center was included in phase I, which is the north half of the property. Planning and Zoning Board Regular Meeting Thursday, December 17, 1987 -2- ~ ~ Edgewater Landing continued: Mr. Dowst explained they were looking for pre- liminary plat approval of the entire project, final plat of phase I, and approval of the construction plans for phase I. The Board discussed phase I and phase II. Mr. Dowst stated the permits received were for phase I only, and they would come back to the Board for final plat approval and construcion plan approval for phase II at a later date. Mr. Alvarez went through the process for preliminary and final plat approval with the Board. There was more discussion regarding the environmentally sensitive land on the site and the required permits needed prior to any development. Mr. Klein asked if the dedication on the plat was correct. Mr. Alvarez stated the only conflict regarding the dedication was private streets versus public streets. Mr. Alvarez read through the dedication for the Board. Mr. Alvarez brought up the subject of the model homes for the site. Mr. Dowst explained there had been an agreement with the developer and the City that the models would be temporary and would not be hooked up to any utilities. The Board also discussed the unmanned guard house at the entrance of the project. Mrs. Blazi moved to approve the preliminary and final plat for phase I for Edgewater Landing subject to all necessary permits and the two (2) special conditions that were stated in the December 4, 1987, letter to Mr. Alvarez from Owens and Storch (see attached). The motion was seconded by Mr. Mackie. Mrs. Blazi amended her motion to include approval of the construction drawings. Mr. Mackie seconded. Motion Carried 6-0. Mrs. Blazi moved to approve the preliminary plat of phase II for Edgewater Landing. The Board wanted to know if the recreation center was included. Mr. Dowst stated they were included in the construction drawings just approved. Mr. Loeffler noted there was a boat ramp on the plans, but no parking. Mr. Dowst explained parking would not permitted so close to the water, and the ramp would not be built without the proper permits. Mr. Mackie seconded the motion. Mr. Loeffler felt both entrances should be done at the begining of construction. Mr. Dowst stated that would not be possible, because the second entrance was in phase II. Motion Carried 6-0. ZONING TEXT AMENDMENTS: R. Chapin Recording Studio As A Permitted Use In B-2: Mr. Chapin was asked what he planned to record. He stated it would be a small eight (8) track studio to do voiceovers for radio, radio commercials, sound tracks for church groups and demo's for songwriters. He added there would be very few bands coming in. Mr. Chapin felt the real concern would be the noise, but he thought it would be minimal and the business would be very low profile. Mr. Chapin pointed out television and radio stations were permitted in B-2 under communication facilities. Mr. Alvarez went through Section 304.00, Uses by right, in the Code Book. He stated the complication is that the use requested is permitted in another zoning district (B-3), so he could not come before the Board for a zoning text amendment. Mrs. Blazi felt the Board should revise permitted uses in B-2. Mr. Wheeler added B-3 should also be revised. Mr. Chapin felt he should be able to open his business under communication facilities, because he was providing a service for radio stations. He added his business could also be considered light manufacturing for the I-I district. Mr. Alvarez felt the request could fall under communication facilities, but he stated the Secretary and Mrs. Wadsworth were correct in bringing this request before the Board to make a final decision. Mr. Mackie felt the primary use was doing recordings for radio and television and should be part of communication facilities. Mrs. Blazi moved to grant an occupational license for a recording studio under communication facilities, already allowed in the B-2 district, as the Board's interpretation. Mr. Klein seconded the motion. Motion Carried 6-0. Planning and Zoning Board Regular Meeting Thursday, December 17, 1987 -3- ~ v Zoning Text Amendments Continued... J. Metz Self Service Car Wash As A Permitted Use In The B-2 District: Mr. Metz had furnished a copy of a sketch plan to the Board showing the location of the proposed building site and the basic layout. The Board discussed the traffic the business would bring to the area. The Secretary reminded the Board they were only discussing the use at this time, not the site location. Mr. Metz stated it would be a low profile business, with no employees, and would be completely self service. The Secretary pointed out car washes were permitted in B-3. The Board discussed lot coverage and setbacks. Mr. Alvarez read the intent of the B-2 district to the Board and felt that an unamanned car wash could be permitted with a recommendation to Council. He added it could be permitted as special exception if the Board wanted.to have some type of control over the location, traffic, noise, etc. The Board began discussing the driveways, entrances, exits and setbacks. Mrs. Blazi reminded the Board the only issue at this point was the use not the site. Mrs. Blazi moved to recommend Council add unmanned car washes as a special exception in the B-2 district. Mr. Mackie seconded the motion. Motion Carried 6-0. Mr. Wheeler suggested a five (5) minute break at 11:05 A.M. The meeting resumed at approximately 11:15 A.M. REZONING: J. Patrick R-l to B-3 U.S. I/Lincoln Road/Boston Road Area Portion Of Lot 6: The Board discussed the location of the rezoning request and the size of the parcel to be rezoned. Mr. Wheeler asked if there were plans for development. Mr. Patrick stated there were none at this time. He added the owner was only asking for the rezoning to straighten up the lot (see attached copy of survey). Mr. Klein felt the reason for the rezoning request was because the layout of the current B-3 zoned land would leave part of the parcel undevelopable. Mr. Patrick stated the owner of lot 6, Mrs. Anderson, is the mother of the owner of the abuting B-3 zoned land, and she planned to deed the rezoned property to her son. The Board discussed the dimensions of the current B-3 zoned land. Mr. Wheeler and Mr. Loeffler felt the request should be granted as it would square up the B-3 district. Mr. Klein saw no advantage to granting the request. Mrs. Blazi asked the City Attorney the procedure regarding rezoning requests. Mr. Alvarez ran through the procedure with the Board. Mr. Alvarez stated the issue before the Board was to change the zoning district boundaries, and the way the zoning is, in this particular case, doesn't really seem to make any difference where the R-l stops and the B-3 begins. Mr. Alvarez felt if this did not cause a conflict with the surrounding zoning districts, there should be no problem with recommending approval of the request to the Council. The Board discussed in great detail the need for a public hearing by the Planning and Zoning Board. It was determined either the Board could hold their own public hearing or they could have a joint public hearing with Council. Mrs. Blazi read through Article XII, amendments regarding rezonings, with the Board. The Board discussed the notification of abuting property owners with Mr. Patrick. He stated all abuting property owners had been informally notified and there seemed to be no objections to the request. Mr. Wheeler opened the floor for comments from the audience, but there were none. Mr. Klein was against the rezoning request, because it would make it possible for the owner to split the parcel into two (2) lots. Mr. Rossiter moved to recommend approval of the rezoning request to the City Council of Lot 6 from R-l to B-3, and all necessary procedures to notify abuting property owners be followed. Mrs. Blazi amended the motion stating the necessary procedures as per rezoning of private property should be followed. Mr. Rossiter approved the amendment. Mrs. Blazi seconded the motion. Motion Carried 5-1. Mr. Klein voted no. OLD BUSINESS: Discussion Regarding Revisions To Section 11 (Junkyards/Occupational Licensing Procedures): Mr. David Jones, Fire Inspector/Code Enforcement Officer, was not available for this meeting. The City Attorney felt it was necessary for Mr. Jones to be part of the discussion. Mrs. Blazi moved to table this item until Mr. Jones was available. Mr. Rossiter seconded the motion. Motion Carried 6-0. Planning and Zoning Board Regular Meeting Thursday, December 17, 1987 -4- (.) (.) Old Business continued... Cherokee Ridge: Mr. Alvarez wanted to know what the issue was. Mr. Wheeler asked Mr. Prater, City Councilman, to explain to the Board about the storing of airplanes in hangers/garages in the Cherokee Ridge Subdivision. Mr. Prater felt Mr. Alvarez should handle it. Mr. Alvarez felt the issue was whether the hangers were legally in the zoning district. Mr. Alvarez asked if the hangers/ garages were in the City or in the County. Mr. Fischer, Building Official, stated they were in the Cherokee Ridge Subdivision which was annexed into the City. Mr. Alvarez then asked if anything before the Board today had been built on the County side, and if the hangers had been built in the City. Mr. Mackie stated the hangers are part of the garages and the backs of the structures have big open doors for aircraft to go in and out of the County property. He added there is a taxi strip, but it is on County property. Mr. Fischer stated hangers are not addressed in the Code Book. Mr. Mackie felt the issue should have been brought up when the property was being annexed into the City. Mr. Klein asked if there were construction drawings submitted when the plat was approved for the subdivision. Mr. Alvarez stated the plat consisted of the fifteen (15) lots being annexed. Mr. Alvarez felt another question before the Board was whether hangers were an accessory use to a single family residence. Mr. Klein wanted to know who approved the building plans. Mr. Fischer stated he had issued the building permits. Mr. Mackie stated the City failed to move the buffer strip surrounding Florida Shores behind Cherokee Ridge when the property was annexed, and the residents of Cherokee Ridge had been deeded easements for access to their property. Some of the Board members felt Mr. Fischer should have come to them when the plans for hangers started arriving in the Building Department, so some provision could have been made in the Code Book. Mr. Wheeler opened the floor. John Massey, owner of Massey Airpark: asked if the issue was whether hangers are permitted in the R-l district or the buffer strip. He felt if the hangers were the issue, the Board should not even be discussing the buffer strip, because it is a separate issue. He added the Code Book did not make provisions for boats or motor homes in garages and he felt they were no different than aircraft. He felt the only way the City could step in was if someone was doing some sort of commer- cial activity out of a garage. Mr. Mackie felt the Building Official should have brought this to the Board's attention, along with many other things. He added just because something is not addressed in the Code Book doesn't mean you can do it, and if it's not addressed, then it's not permitted. Mr. Massey asked if Mr. Mackie was saying the homeowners with hangers were in violation of the City Code. Mr. Mackie felt the City Attorney would have to answer that. Mr. Alvarez wanted to hear everything before making a decision. George Russell of 1512 Willow Oak: Stated he and his neighbors felt the homes in Cherokee Ridge are very nice and bring a better class of people to the area. He stated no one he has talked to in the area has complained about the aircraft or hangers and asked who was complaining. Mrs. Blazi asked if the garages were larger than a double car garage. Mr. Fischer replied they were. Mrs. Blazi felt the Board was discussing individual homes, privacy and rights. She added that in her business, real estate, she rarely ran across a garage that was actually used as a garage. She felt if there was a problem the people concerned should go to Council with a petition. She added the people complaining knew the airstrip was there before any of the houses in the area were built. Mr. Mackie stated there were complaints from the Wildwood subdivision. Mrs. Blazi again stated the airpark was there long before the subdivision. Bill Perry, property owner in Edgewater, resident of New Smyrna: Felt part of the problem was people who wouldn't recognize and accept change. -He-f~lt the homes were an asset to the community, and that the airstrip had been there since "the beginning of time". He felt the new construction meant new jobs and helped the economy. Mr. Perry stated he was hearing a lot of complaints about airplanes and the airpark, but not about the hangers. Mrs. Blazi asked to be excused from the meeting at 12:10 P.M., but she stated, in her opinion, the issue should be sent to Council. Bruce Krall, Krall Construction: Has built three (3) homes in Cherokee Ridge. He felt the Building Official knew what was being built. He added all fire codes and building codes for the hangers exceed normal garage construction, and people store fuel in a regular garage for lawn mowers and such. Mr. Mackie again stated the point is the Board should have been notified about the hangers before any construction took place in the subdivision. Planning and Zoning Board Regular Meeting Thursday, December 17, 1987 -5- u o Cherokee Ridge continued... Mr. Klein asked Mr. Fischer what his rational was for issuirigp~rmits_for the hangers. Mr. Fischer stated there is no stipulation denying hangers within the City limits. He added every precaution was taken to make sure the hangers were built to code as far as state and county law, because he researched it himself, prior to issuing any permits. Mr. Klein asked if Mr. Fischer felt he had the authority to grant anything that's not in the Code Book. Mr. Fischer asked where in the Code Book it stated he could deny such a request. Mr. Klein asked when there are exceptions like this shouldn't it be taken to the Board or Council. Mr. Fischer stated no, because when the building plans were submitted to his office the subdivision had already been accepted into the City. Mr. Fischer added the hangers came in as oversized garages. Mr. Klein stated Mr. Fischer knew they were hangers, because he went to great length to work out the required fire and building codes for hangers. John Massey: Stated there seemed to be some discussion by the Board about zoning violations that exist, because there happen to be large garages some people choose to store an airplane in. He added it had not yet been determined by the Board that there is any violation. Mr. Massey brought up a letter he had received from the Department of Transporation (D.O.T.) regarding airport hazard zones and read the following section: "Chapter 333, Florida Statutes, requires every political subdivision having an airport hazard area within it's territorial limits to adopt, administer and enforce zoning regulations for such hazard areas. The Chapter also requires a copy of all zoning codes, rules and regulations be filed with the D.O.T. The only protection provided for airports from encroachment by tall structures or other incompatible development is by the adoption and enforcement of local zoning. Some political subdivisions have not adopted such zoning, while some are not enforcing those which have been enacted." Mr. Massey informed the Board the City, by not having that zoning is in violation of state law. Mr. Wheeler asked for the City Attorney's comments. Mr. Alvarez was not sure if he had any legal comment at this time, but did wish to express his views on the subject. Mr. Alvarez stated he worked closely with Mr. Massey on the subdivision, and it now ends up as a fly-in type of community. Mr. Alvarez felt there may be resentment by the Board because this had not been previously disclosed. Mr. Alvarez stated garages are normally used for boats, mobile homes and workshops. He felt an airplane was different, but the actual flying activities take place in the County so the Board is really looking at the storage. Mr. Alvarez felt it was difficult to pinpoint any legal violations, but the issue needed to be addressed or anyone in the City with a large enough lot could build a hanger in their back yard. He added he was not really sure how to deal with the situation, and he was more concerned with the possibility of a precedent being set. Mr. Alvarez stated the other issue is the rational of the Building Official which needs to be dealt with, because the site plan may not have been approved if had been known airplanes were going to be stored. Mr. Alvarez stated fly-in communities are the way of the future and should probably be looked into. Mr. Wheeler asked what right those people had crossing City property to enter County property at the back of their lots. Mr. Alvarez stated the question is the structure and what is placed in it. Bill Perry: Felt if there were any violations it would be handled by Code Enforcement. Mr. Wheeler and Mr. Klein stated the problem was the Code Enforcement people were not handling it. Mr. Mackie moved to adjourn. The motion died for the lack of a second. Mr. Wheeler asked for someone to table the discussion. John Massey: Asked the Board if they expected the interested parties to return to another meeting and wait for four (4) hours to discuss this issue. Mr. Loeffler felt the subdivision was an asset to the community and some provision should be made to permit it. John Massey: Felt from a legal standpoint, there was nothing in the Code Book to prevent the hangers from being built. Mr. Mackie stated that might be true, but the Board could change the zoning to suit themselves whenever they wanted. Mr. Massey pointed out that would be considered downzoning, which is illegal. Mr. Alvarez felt Mr. Mackie wanted something put in the Code recognizing the connection with the airplanes and the subdivision. Mr. Massey felt there was no need to put anything in the Code Book, and he added he had not heard any complaints about the activity. Mr. Wheeler stated some of the Councilmen had received complaints. Mr. Massey felt if there were complaints they should be in writing. Mr. Wheeler was Planning and Zoning Board Regular Meeting Thursday, December 17, 1987 -6- o o Cherokee Ridge continued... asked to put this item on the agenda, so he did. Mr. Klein stated he was objecting to the procedure. Mr. Massey stated he under- stood that, because it was something that was not already legal within the Code Book. Mr. Wheeler asked for a motion to table this. Mr. Klein felt the Board needed to discuss the procedure used by the Building Official to grant approval for these types of things. Doris Massey: Stated the Board was dealing with a ~esidential home with a garage that does not distinguish what is put in it. Mrs. Massey did not see any reason to table this issue. Mrs. Massey felt the only difference in the garages of Cher- okee Ridge and the rest of the City was they exceeded the fire and building codes of an average garage. Mrs. Massey pointed out the subdivision was also a help to the tax base in the City. Mr. Klein agreed it was a good tax base, but he was concerned with the way the Building Official treated the permitting. Mr. Klein moved to review the procedure the Building Official uses to grant things that are not in the Code Book. Mr. Mackie seconded the motion. Motion Carried 5-0. Mr. Wheeler requested a motion to adjourn. There being no further business to come before the Board, Mr. Mackie moved to adjourn. The meeting was duly adjourned at approximately 12:33 P.M. Minutes respectfully submitted by: Beverly Kinney, Board Secretary Planning and Zoning Board Regular Meeting Thursday, December 17, 1987 -7- /:Y/ b' . C? ~ ;/1/~C I ~ I I I I ~ ~ LL t ~ \J " ly " () ~I 'I- ~ ~._- .-:) --_. ~ .:.) -s k I ....... . -c.\"" '.. i. " ,-' "'...... "'. -.. ............;.... ~ \-> " " ~ '<. <> '> ~ . , \) . ~ " j: J.~/) - ~. ~ ~ .) ~ ~ '. ~I f,J" . I ~~~' ..~. " I ~ ~ ~ ~,,~ " ~ ~ , .. '" ", ~ .... 0 0 ~ I.,\. . " ~'~ ~ ~~~ I " 'G ~ ~ "_.':. .~ ,~ ,~l j ,,).....,....":-.... ,. Q~~ ~ "' ?'\ '\ ,. ..;:;, l .." ~' c-.' 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BOONE: 82e SOUTH "IOOE:WOOD AVENUe: DAYTONA BEACH. '-LOAIDA 3Z01~ f804, 252 ".3004 ALao AO~IT"1.0 IN .......a,'-PI December 1, 1987 Mr. Jose Alvarez, City Attorney Ci~y of Edge~ater 141 East Indiana Avenue DeLand, FL 32720 Dear Jose: I wanted to bring you up to date on the status of the Radnor Corporation Edgewater Landing project. The Water Management District has issued its construction permit, and the Corps of "Engineers will issue as soon as the Department of Environmental Regulation issues its dredge and fill permit. DER plans to issue the permit on December 24, and we expect to get it to the Corps on December 28. In the meantime, Barbara Bess, Chief of the DEH Dredge and Fill Section in Orlando, is drafting a letter stating that the Department has no objection to Hadnor beginning to clear those portions of the roadways and recreation area ~hich lie in the uplands. We have also resolv~d the last of the issues with the Corps of Engineer's, and Rudy Arrietta, the Corps Project Manager for this development, has indicated a similar letter from the Corps will be forthcoming. Those letters and the Water Management District permits will be available for discussion at the Planning and Zoning Board meeting on December 17. Because no substantive issues stand in the way of issuance of the permit from DER and the Corps, and only procedures need to work themselves out, it makes sense to go forward with the Planning and Zoning Board hearing, with two special conditions. The first ~ould prohibit any clearin~ in wetland areas prior to the actual issuance of the t",.o dredge and fill permits, and the second special condition allo~in~ the property owner to be~in clearin~ in the uplands areas pursuant to the letters of authorization from DER and the Corps. Glenn Storch has been discussin~ the matter with the City staff, and there does not appear to be any objection to proceeding in this manner. Therefore, unless I hear differently from you by December 10, 1 will proceed alon~ those lines. Oc("cl\lC'n n~r 0 7 NR7 o o December 4, 1987 Mr. Jose Alvarez Page Two .. I understand you have had some health problems lately. I hope all of those have worked themselves out and that the new year finds you in ~ood health. Very truly yours, ~ c;~ ~ (^" J. Sam Owens. 'J r . JSO:cj BOB MARTINEZ GOIIERNOR . I; ODepartment of 9ransportati~n ~ 1=To"rida KAYE N. HENDERSON SECRET ARY w~[Q) 904 734-7223 1655 N. Kepler Rd. Deland, FI. 32724 November 17, 1987 Luis C. Geil 927 So. Ridge1NOC>d Ave. Frlgewater,.FI. 32032 Re: Driveway Pennit #79U-87-104 Section 79010, SR. 5 Be1.nont Plaza Dear Sir: It was not the intent of the Department in its letter of recommendations of September 4, 1987 to eliminate the Falcon Ave. Driveway. This driveway will be needed for the anount of traffic that will be generated by Be1.nont . Plaza and for left turn availability. The following recommendation for the above pennit still remains. To widen Falcon Ave. to provide two exiting lanes and constnIct a northbound left turn lane (210' x 12', 250' taper) and 100 foot acel taper according to the attached sketch. If you concur with this recommendation, please submit three legal size drawings. Sincerely, 1}~~P.E. Ma~tenan~~ineer GJMjRWjtlrn cc: Beverly Kinney Attachrrent L\ d'-t .:sy.,)~ . . .' 4l~t/ ;1 :1 I ,I 'I : I " , 'I II . . i, I: 'I I I ;1 I' t/", ,.,. ~ o r' /,' 'l. V ~./ /~) /7' g 7 ~~, p~ ~ 7/f/s M Aft/ he/V (" I 2. C~e?II;<..:5 ~r !PI' dYg/~i9/ Rf Z- p~~;7', ~ -f~ ~ ....~ ~-e ~~ k~ ., Y ~ ,A/"',," f~;'~ j;- ~~ 8/k 7P U5< P'~~kA'- 2" ..et:;~~4T~~ I? A/.r~tI/'c~ cLS YlfiP c..,~, t:t;-. 4?~ T ~ A N ~ ""-~t"" cI' ~ r ~ 5 ~ p7h /-:7'"d-;tq::;e 7P R",4//~ ~"'G,) 19~/ ~/.'...,f (iP~,& t!:/J. ~CAR..st:: /' f /5 J c"tC,/vd~4/~'dr cl5 / 561/'/ /7lr- V-;J:~ C/d)" - / c/ /0 . /C--~)-A- ~C'/~.f 7Z' u/o /-1- '$.:s.e.v7' cI~~~ ; l i l II $4 I / ~~//:__-r d55- ,~=' , . ~ o o Planning and Zoning Board Regular Meeting Thursday, December 17, 1987 Verbatum Minutes per Mr. Mitchum's request regarding Belmont Plaza Mr. Klein: You said you had, Mr. Carder, do you have that in writing, that he said there wouldn't be... Mr. Scherz: Well, he sent Luis a letter. We have a copy of the letter. Mr. Geil: He will agree not to have an entrance, but if D.O.T. forces us to do it then it's beyond his control. Mrs. Blazi: The D.O.T. forces him? Is that true? Mr. Scherz: Forces you to do it? Mrs. Blazi: Is that true? Mr. Scherz: He said on the letter... Mr. Geil: Cause otherwise they won't approve the intersection. If you read that letter... Mr. Scherz: They force you to do it.... Mr. Geil: Otherwise they won't give you the access to it. So that's... Mr. Scherz: Without considering what this is going to be to the people in that area that there gonna.. this is the letter that he sent to Luis, and then there's a letter coming back, I think you sent to D.O.T., and then they sent you a return letter, which is only a day apart. The letter you have is dated the 16th, their return answer was on the 17th, right? And we still object strongly to this, because we feel as if we're not taken into consideration of the whole thing of our development. If we have another, like things put in the paper, the main road. It's not the main it's the only road, and it does bring a hardship, even now with ourselves coming in and out it can get ah some ah traffic in there, when especially now that he's still building in the rear. He's still got room for another 150, 200 homes, I guess, in the back there, and we're going to have this other... Mr. Mackie: He ah, he ah, he has a lot here on this side, the south side... Mr. Scherz: And also, what's going to happen to that in the future... Mr. Wheeler: Well, that's, that's out of our... Mr. Scherz: When they open up that for another shopping center, we're going to have, what happens to us in the back that this is our only way to get in and out of this place. We'll have roads on both sides, shopping centers coming in to this main road and we're trying to get out on that road. It ah doesn't seem right. Mr. Rossiter: You'll have to bring it to the Planning and Zoning Board if he's going to do anything additional. Mr. Wheeler: O.K. ah here's a letter ah from Mr...you want to read it? Secretary: I don't know if I can read all of this. Ah, Luis, 'Please let this man have copies of the original D.O.T. permit, one for me and one for him. I am not r . o o Secretary continued: going to be able to use Downtown Edgewater entrance, as you and D.O.T. man agreed to...can't read that word...south traffic... Mr. Scherz: to for south... Secretary: to for south traffic? Mr. Scherz: yea Secretary: to enter Belmont Plaza, because it is a condo and as I said the other day I am not going to do it this way. P.S. I must have canned the permit drawing as I had made an agreement not to use Falcon Avenue with the homeowners association. That's dated noted November 16. Several Board Members: is that from Carder? Secretary: J.C. Carder. Mr. Scherz: That's J.C. Carder. He gave us that agreement. Don't recognize voice: That's it. Mr. Scherz: And now we don't have any recourse. D.O.C. says do it and we're just forgotten about................... Prepared by Beverly Kinney, Secretary, Planning and Zoning Board January 13, 1988