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10-15-1987 , u o CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING THURSDAY, OCTOBER 15, 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, October 15, 1987, in the Community Center. ROLL CALL: Members present were Mr. Wheeler, Mr. Rossiter, Mr. Loeffler, Mr. Quaggin, Mr. Mackie and Mrs. Blazi. Also present was Beverly Kinney, Secretary. Mr. Klein was absent. APPROVAL OF MINUTES: The minutes of August 20, 1987 were presented for approval. Mrs. Blazi moved to approve the minutes, seconded by Mr. Rossiter. Motion Carried 6-0. SITE PLANS: SP-8705 Earl Wallace Edgewater Union Church Addition U.S. 1/0cean Avenue R-4: The Board noted this had been presented before by another person, and was tabled because the applicant refused to submit the required information for site plan approval. Mr. Wheeler went through the Department Head Checklist and noted the City Engineer had provided a letter of exemption for stormwater review. Mr. Wallace noted the addition was for storage only. The possible non-conformity of the site was discussed. Mr. Wallace pointed out the Department Heads agreed the addition did not increase the non-conformity, because of where it was located on the site. Mrs. Blazi moved to approve the site plan, seconded by Mr. Rossiter. Motion Carried 6-0. SP-8720 Gary Meares Florida Power and Light Company Community Office/Service Center 16th Street/Hibiscus Drive 1-1: Mr. Wheeler went through the Department Head Checklist, and noted a tree removal permit would be needed. He also noted the City Engineer had approved the project pending St. Johns Water Management District Permit. The Board discussed the gas tanks and were informed by Mr. Meares the Department Heads had given their O.K. as they were an accessory use, which was permitted. There would be two (2) tanks, one (1) for gas and one (1) for deisel. Each would hold five thousand (5,000) gallons. The Board discussed the landscape plan. The secretary explained there were two (2) landscape plans. The first showed the site with the required one hundred thirty-five (135) trees and the second has less than the required amount, but was done by a landscape architect, "Richard Truitt. Mr. Truitt explained the landscape plan to the Board. He stated there were approximately sixty-eight (68) trees, Live Oaks and Wax Myrtles. He added the parking area would be planted with Viburnum. Mr. Meares explained the modular building would be used in the same manner the old office on U.S. 1 is now being used. There would also be a building for the construction crews and a vehicle service area. The Board discussed the landscape plans further and agreed they preferred the alternate plan, which was done by Mr. Truitt. There was also further discussion regarding the modular building. Mr. Meares stated the building would be well maintained and would have an attractive front. Mr. Quaggin moved to accept the site plan as presented. Mrs. Blazi amended the motion to allow relief from the Tree Preservation Ordinance to permit use of the alternate landscape plan presented by Mr. Truitt. Mr. Quaggin accepted the amend- ment. Mrs. Blazi seconded the motion. Motion Carred 6-0. SP-8721 Bill Rossiter Commercial Building Guava Drive/26th Street B-2: Mr. Wheeler went through the Department Head Checklist, and noted there was a letter from the City Engineer, requiring more information before the plan could be approved. The Board discussed the alley abutting the rear of the property. Mr. Rossiter stated the alley would be opened up and Public Works had agreed to dump shell so it could be used. -1- o o SP-8721 continued: Mr. Loeffler moved to accept the site plan, seconded by Mr. Mackie. Motion Carried 5-0. Mr. Rossiter filed a Conflict of Interest form, because he presented the plan to the Board. SP-8722 Willie Wood Commercial Building Guava Drive between 23rd & 24th Street B-2: Mr. Wheeler went through the Department Head Checklist, noting a letter from the City Engineer requiring more information before the plan could be approved. The Board did not really discuss this plan in detail, because it was so similar to SP-8721. Mrs. Blazi moved to approve the site plan, seconded by Mr. Loeffler. Mr. Loeffler asked who would be using the building. Mr. Wood replied he would use it. Motion Carried 5-0. Mr. Rossiter filed a Conflict of Interest form, because he helped prepare the plan for the applicant. PRELIMINARY PLAT: SD-86-2 Luis Geil Riverview Court Subdivision Yelka Terrace (part of lot 4) R-3: Mr. Geil reminded the Board they had approved the preliminary plat at an earlier date contingent upon approval of the Attorney's involved with the project. He stated there was a meeting with the City Attorney, City Engineer, the Mayor, City Clerk/Administrator and the attorney of the property owner. It was agreed the thirty foot (30') easement running to Riverside Drive would be excluded from the plat and replaced with a cul-de-sac. Mr. Geil explained the cul-de-sac would be part of the driveways for both lots number five (5) on the plat, and there was an application for a variance on the width of the cul-de-sac, which was seventy- two feet (72') instead of the required eighty-four feet (84'). Mrs. Blazi noted the other variance request for ten feet (10') on the right-of-way had been given at an earlier date. Mr. Wheeler opened the floor for discussion by the audience: Mr. John Blanken, 504 N. Riverside Drive: Presented a letter requesting a copy of the plat for his attorney to review. Mr. Mackie did not understand why Mr. Blanken was concerned, as the new plat no longer affected the thirty foot (30') easement abutting his property to Riverside Drive. Mr. Blanken also discussed sidewalks with the Board. Mr. Mackie moved to accept the preliminary plat with the variance needed for the right-of-way and the cul-de-sac. Died for lack of a second. Mrs. Blanken, 504 N. Riverside Drive: Asked if the subdivision would be covered under the Landscape and/or Tree Preservation Ordinances. The Board explained the ordinances she is talking about are for commercial sites only. Mr. Mackie repeated his motion to accept the preliminary plat with the variances needed for the right -of-way and the cul-de-sac. Mr. Rossiter seconded the motion. Mr. John Scott, 510 N. Riverside Drive: Asked what would stop people from using the thirty foot (30') easement. The Board felt is was not an issue they should discuss, and all the requirements to approve the preliminary plat had been satisfied. Mrs. Blazi suggested a sign of some kind to discourage use of the easement. Motion Carried to approve the preliminary plat 6-0. Mrs. Blazi suggested a break in hope the City Attorney would arrive soon. The recess started at approximately 10:00 A.M. and the meeting resumed at approximately 10:17 A.M. without the City Attorney. NEW BUSINESS: Annexation Request Luis Geil Parcel 2 West ~ Lot 6 U.S. l/Roberts Road B-4/R-3 (see attached "Exhibit A"): Mrs. Blazi asked if this was the parcel withdrawn prior to the September meeting. Mr. Geil stated it was. Mrs. Blazi felt the Board was previously prepared to annex the property in, until it was withdrawn, and did not feel any further discussion was needed. She added the only difference would be that the Board would not recommend any zoning. Mrs. Blazi moved to recommend annexation of Parcel 2 (shown on "Exhibit A") to Council, seconded by Mr. Rossiter. Motion Carred 6-0. Planning and Zoning Board Regular Meeting October 15, 1987 -2- o o OLD BUSINESS: Annexation Requests Jim Connors, Jeannie Constable, Rose Fortna, Luis Geil Parcels 1, 3, 4, & 5 U.S. l/Roberts Road (See attached "Exhibit A"): Mrs. Blazi stated she didn't think it was necessary to take each parcel separately, as the Board had already recommended annexation to Council. She added the only reason this had come back was because the Board placed zoning on the parcels in error. They were not aware of the changes in annexation/rezoning procedures. Mr. Loeffler suggested annexation with a six (6) month moratorium since the City could not rezone the property at this time. The Board discussed the property owners ability to develop the properties under County zoning until the City could rezone the land. Mrs. Blazi moved to recommend annexation of parcels 1, 2, 3, 4 & 5 as shown on "Exhibit A", and recommend they begin the necessary procedure to change the Comp- rehensive Plan. Mr. Rossiter seconded the motion. Mr. Alvarez, City Attorney, arrived at the meeting (10:25 A.M.). The Board explained they had just moved to recommend annexation of parcels 1, 2, 3, 4, & 5. There was a discussion regarding Comprehensive Plan amendments and annexation. Mr. Rossiter was concerned about development of property under County zoning after it has been annexed into the City. Mr. Alvarez stated the big issues for rezoning property will be consistency and density. He added the time involved before rezoning can take place is approximately six (6) months. He explained a little about the involvement of the Department of Community Affairs and the Growth Management Commision on annexations and rezonings. He added the City must obtain a certificiate of consistency from the Growth Management Commission before annexed property can be rezoned. Mrs. Blazi asked who would handle site plan review if the property is annexed into the City, but has County zoning. Mr. Alvarez stated once the property is annexed into the City the site plan approval is the responsiblity of the City's Planning and Zoning Board. Mr. Frederick Karl, Jr., Attorney for Jim Connors of American Pioneer Bank was given permission to address the Board. He stated the Bank was ready to present their site plan for the two hundred fifty foot (250') frontage on U.S. 1, as soon as the annexation procedure was complete. He added the use would conform to County zoning and would also conform to City regulations. Mr. Wheeler asked for the vote. Motion Carried 6-0. Mr. Alvarez stated he was not aware the Board wanted to discuss annexation/rezoning procedures. He added he was there to discuss the findings regarding permitting, the Board had requested. Amendment to Section 715.02 Interior Renovations: This item came back to Planning and Zoning from the Council to clarify the intent of exempting all commercial zones. Mr. Alvarez felt the language in the proposed wording would create a "grey" area. Mrs. Blazi felt the reason for the proposed wording was to lessen the expense to applicants by passing over the Board and dealing directly with the Building Depart- ment, as long as the footprint of the building was not changed. Mr. Alvarez gave a brief history of the current wording for section 715.02 and felt the proposed amendment would allow some of the same loop holes present before. Mrs. Blazi felt the City Attorney should amend this section since he was now aware of the intent of the Boards amendment to the section. Mr. Alvarez suggested having applicants come to the Board with a sketch plan which is less costly so the Board would be aware of what was going on in the City. It was noted interior renovations, although they are supposed to come before Planning and Zoning, are going through the Building Department unless it involves a residential use being changed to a commercial use. Mr. Alvarez was not aware of this fact. The Board discussed requiring sketch plans. Mrs. Blazi moved to ask the City Attorney to reword the Board's proposed wording for the amendment to section 715.02, so the intent was clear and there would be no question in anyones mind. She added the proposed amendment should come back to Planning and Zoning so they can review it prior to sending it off to Council. Mr. Mackie seconded the motion. Motion Carried 6-0. Planning and Zoning Board Regular Meeting Thursday, October 15, 1987 -3- o Q OLD BUSINESS continued: Proposed Wording for Paving Permits: Mr. Loeffler read through the proposed wording. The Board discussed the fact that the wording was not exactly what they wanted, and discussed the proposed wording with the City Attorney. Mrs~ Blazi moved to charge the following fees for paving permits: o to 1,000 square feet-------------------------------------------------$10.00 Any 1,000 square feet thereafter, or part there of is an additional------5.00 Motion seconded by Mr. Loeffler. Motion Carried 6-0. MISCELLANEOUS: The City Attorney reported back to the Board regarding the issuance of a foundation permit without an approved site plan. He stated the foundation permit should not have been issued, and the site plan should have been approved by the Planning and Zoning Board prior to issuance of any permits. The Board discussed this issue with the City Attorney. Mrs. Blazi moved to have a letter sent to the City Clerk/Administrator stating there was an obvious error in issuing the foundation permit without site plan approval, and to please bring it to the attention of the person who issued the permit. She added the City Clerk/Administrator should make it clear to the persons involved this type of thing should not happen again. Mr. Mackie seconded the motion. The Board agreed they did not want to get the people involved in any trouble, they just wanted them to be aware of the error. Motion Carried 6-0. Junkyards: Mr. Alvarez and Mr. Pat DiLeva, Code Enforcement Officer, were present to discuss this with the Board. Mr. Alvarez wanted the Board to be aware the Council was issuing a special permit to Mr. DeCubbellus for a junkyard on Old County Road. There was a discussion regarding the need to update the current ordinances regarding junkyards. Mr. Alvarez explained for this particular case, a special agreement is being drawn up with the help of Mr. DiLeva. Mr. Alvarez read the following from the agreement: A copy of the deed is required (for correct list of property owners) Storage and use of oxygen/acetalyne equipment as per OSHA specs. Drain all gas tanks into one (1) approved tank (reference Life Safety 101) Storage of any toxic materials as per OSHA Noise as per sections 10-20 through 10-34, Code of Ordinances of Edgewater No stacking of vehicles Extend present fence to eight (8) feet, solid and continuous Plans to be submitted to City Council for approval Approved fire extinguishers in accessible locations (drawings showing locations) Right of entry by Police and Code Enforcement Officer at all times Six month review at discretion of City Council, or upon complaints from neighbor- hood or Code Enforcement Officer Consideration of complying with the above, City Council will issue a special permit. Agreement is to be recorded, applies to anyone owning the land or enheriting the lbusiness Actual license issued will have typed on its face "strict compliance with the conditions attached herto and the conditions we attach to the license". The City Attorney also suggested the agreement or ordinance should state the exact method to dismantle the vehicles. The City Attorney stated the Board should place this item on their agenda for the next regularly scheduled meeting. Mr. DiLeva stated he would prefer the title of Auto Recycling instead of junkyards. Mrs. Blazi moved to place section 11-30: Junkyards on the agenda for November for review and eventual change of the ordinances. The motion was seconded by Mr. Leoffler. Motion Carried 6-0. There being no further business to come before the Board, Mr. Mackie moved to adjourn. The meeting was duly adjourned at approximately 11:20 A.M. Minutes respect~ully submitted by Beverly Kinney Planning and Zoning Board Regular Meeting Thursday, October 15, 1987 -4- ., I...... U FORM 8B MewtORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS RD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE ~ktJ ,J , I..J ~ <f- . /c> J ( !LAC THE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS o nD'f"3 q r ./ G6J~. DATE {'OUNT" U()LV 5' lA Vii Y ; ! COUNTY I ] orHER lOCAl AGENCY NAME OF POLITICAL SUBDIVISION: CITY MY POSITION IS: iJ ELECTIVE i~POINTIVE WHO MUST. FILE FORM I. This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board. council, commission. authority. or commiuee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending . on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form.. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county. municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by compleling and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication. whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFWENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. '" o u 1 . t --- ...... j IF YOU MAKE NO AlTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, uJJ1>>--f+-f~---- . hereby disclose that on . & c{ {\ ,19f, (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or ..1:::: inured to the special gain, of L VdL..L l.J ~ . by whom I am retained. (b) The measure before my agency and the nature of my inrerest in the measure is as follows: ~ f~~~~ r J~k W~ IJ-v,( J ~ ;ti1 \r~. 01^- L ~. ~. lD t~1Jii--~~- Date Filed Signat ure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f1l2.317 (1985), A FAIWRE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO. rr: ~I"\D"'" 8a In Ifl. PAGE 2 LAST NAME-FIRST NAME 'I'> . I{)SSI~ MAILlN(i ADDRESS ._ 1'""\ U F'ORM 8B MhtORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF I104RO, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE P L tJ I tJ G,.. 't 7-~ ~ I (Ij C- THE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: It:<- -PD j)o~ 3& ~ :(.rc11 Y ; ! COUNTY I } OTHER lOCAL AGENCY CITY COUNTY VOLi/SI A NAME OF POLITICAL SUBDIVISION: DATE ON WHIe /" MY POSITION IS: U ELECTIVE V APPOINTIVE WHO MUST .FIU FORM I. This form is for use by any person serving at the county, ciiy, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest undcr Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending . on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by complcling and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participatc in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or wrinen communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFWENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: . You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. o u ( _L__.... I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before panicipating. . You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. L . ~ . DISCLOSURE OF LOCAL OFFICErS INlEREST I, a!J~~ ,herebydisclosethaton II/ /I~I Y"/ I I , 19 ~ -7: (a) A measure came or will come before my agency which (check one) ~inured to my special private gain; or _ inured to the special gain. of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~~~~~~YW!~~ ~.~~eI~~ ~~. ~~ / () ) 15/<;"'1 Date Filed / ( ~;s/2t~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985), A FAIWRE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.