08-20-1987
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CITY OF EDGEWATER
PLANNING AND ZONING BOARD
REGULAR MEETING
THURSDAY, AUGUST 20, 1987
9:00 A.M.
COMMUNITY CENTER
Chairman Wheeler called to order a regular meeting of the
Planning and Zoning Board, Thursday, August 20, 1986, at
9:00 A.M., in the community center.
ROLL CALL:
Members present were Mr. Wheeler, Mr. Rossiter, Mr. Loeffler,
Mr. Klein, Mr. Mackie and Mrs. Blazi. Also present were Lynne
Plaskett, Planning Assistant/Grant Administrator, Connie Mart-
inez, CMC, City Clerk/Administrator and Beverly Kinney, Secre-
tary. Mr. Quaggin was excused.
APPROVAL OF MINUTES:
The minutes of July 16, 1987, were presented for approval.
There was a discussion regarding the verbatum section of the
minutes. Mr. Loeffler moved to approve the minutes, seconded
by Mr. Mackie. Motion Carried 5-1. Mr. Wheeler voting no as
he was not present at the July 16, 1987, meeting.
SITE PLANS:
SP-87l6 Atlantic Bowling Center U.S. l/Marion Ave Frank Hall B-3
Charles Troup was present to stand in for Frank Hall. Mr. Leoffler
pointed out the floor plans were missing. Mr. Wheeler went through
the Department Head check list noting there was no comment from the
Building Department. Mrs. Plaskett stated there were problems with
engineering and the ingress easement in the retention area still
needed to be addressed along with numerous other items. Mrs. Blazi
moved to table this plan because of Mr. Halls absence and the incom-
plete plans. Mr. Klein seconded the motion. Motion Carried 6-0.
SP-87l7 Industrial Complex Industrial St/Marion Ave L. Geil I-I
Mr. Geil was present to'discuss this site plan, and stated the pro-
ject would be done in two (2) phases. Mr. Klein was under the imp-
ression the Board did not approve projects in phases due to previous
problems. The Board agreed only phase one (1) would be considered
at this time and Mr. Geil would have to resubmit plans for phase two
(2) at a later date. Mr. Rossiter moved to appprove phase one (1),
seconded by Mr. Mackie. Mr. Rossiter pointed out it was the South
half of the project marked phase one (1) on the site plan. Motion
Carried 6-0.
SP-87l8 Enjoi Miniature Golf U.S. 1 Earl Wallace B-3
Mr. Wallace was present to discuss this site plan. The Board dis-
cussed the number of parking stalls required. Mrs. Plaskett expl-
ained there is no provision in the ordinance to cover this use, and
the Department Heads felt one (1) space per two (2) holes, and one
(1) space per each employee would be sufficient. The Board discussed
the easement to Lincoln Road. Mr. Wallace stated there would be a
fence and trees to buffer the R-2 from the B-3 at Lincoln Road.
Mr. Chaney: adjacent property owner on Lincoln Road stated there
are trees currently on the lot thirty (30) to fifty (50) years old
and doesn't want to see them taken down. Mr. Wallace stated there
are currently nineteen (19) trees, which will be taken down and
replaced with twenty-two (22) trees. The types are listed on the
landscape plan. Mr. Chaney inquired about loud music, noise and
lighting associated with the project. Mr. Wallace stated he was
willing to work with the adjacent property owners so everyone would
be satisfied.
Mr. Mackie moved to accept the site plan providing all rules and
regulations are followed and upon receipt of final approval from
the City Engineer, seconded by Mrs. Blazi. Motion Carried 6-0.
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ANNEXATIONS/REZONINGS:
(see attached map)
Mrs. Plaskett stated the cemetery property (parcel 2) withdrew.
Mr. Geil added it may be back at a later date. Mrs. Blazi sugg-
ested taking all property into consideration at one time instead
of handling each parcel separately.
There was some discussion regarding parcell. Mr. Mackie was con-
cerned about access to the back section of the lot after the front
was developed. Mrs. Blazi pointed out there would have to be an
easement to permit egress and ingress.
Mr. Klein asked about lot 1 on the west side of U.S. 1. Mrs. Plas-
kett explained the owners were interested in annexing, but it would
cause an enclave and state statutes discourage this.
Mr. Mackie asked about parcel 3 and the request for B-3/MH-2 zoning.
Mrs. Plaskett explained Council had passed the new MH-2 zoning ord-
inance Monday, which required fifty (50) acres and parcel 3 only had
thirty-eight (38) acres. Jeannie Constable of Constable Realty stated
they were only interested in annexation at this time, but were advised
to put some type of zoning request with the annexation request. Mrs.
Martinez stated it was not recommended to annex property without zon-
ing it. There was further discussion on what to zone the parcel.
The Board discussed possibly tabling the requests until the cemetery
property came back. Mrs. Plaskett explained the cut off for annex-
ations was September, and the Board needed to take action on the
requests before them.
Rosi Fortna of Constable Realty requested parcel 4 be rezoned to B-5.
Mr. Klein brought up the Cities support capabilities, and per Mr.
Wadsworth anything south of 22nd Street was in a fire hazard zone
because of the water supply, fire hydrants, etc. Mr. Klein added
the Police Department does not have adequate personnel to support
the City now. Mrs. Martinez corrected Mr. Klein's statement regarding
fire hazards. She stated the water supply was not a problem, but the
pipe sizing was too small for hydrants. Mr. Wheeler asked Mr. Klein
if he was against annexation. Mr. Klein stated until we get better
service he was against annexation.
Mrs. Blazi requested a recess, which Chairman Wheeler granted from
10:10 to 10:20.
There was more discussion regarding the zonlng of the parcels.
Mrs. Blazi moved to annex and rezone land as shown on exhibit A
(attached map): Parcell to B-3/R-3. Parcel 3 to B-3/R-3. Parcel
4 to B-5 and ParcelS to B-3/R-3. Mr. Rossiter seconded providing
Mrs. B1azi amended her motion to make ParcelS B-3. Mrs. B1azi agreed
to the amendment. Mr. Rossiter seconded. Motion Carried 4-2 with
Mr. Klein and Mr. Loeffler voting no.
The Board discussed either workshops or special meetings whenever
complex issues are to come before the Board so they are better
prepared to make a decision.
SITE PLANS:
SP-8716 Atlantic Bowling Center U.S.1/Marion Ave Frank Hall B-3
Mr. Hall was present to discuss this site plan. Mrs. Blazi moved
to take this item off the table, seconded by Mr. Rossiter. Motion
Carried 5-1, with Mr. Klein voting no.
Mr. Halls plans were incomplete for the Planning and Zoning Board,
but Mr. Fischer was given a set of plans for construction and the
sprinkler system. Mr. Loeffler moved to have a special meeting as
soon as possible for this site plan, seconded by Mrs. Blazi. Motion
Carried 6-0.
Planning and Zoning Board
Regular Meeting
Thursday, August 20, 1987
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OLD BUSINESS:
Proposed wording for section 715.06 and 715.02: Mr. Wheeler read
through the proposed changes. The Board discussed applying for
an extension through the Planning and Zoning Board at least thirty
(30) days prior to the expiration date of a building permit in
regards to section 715.06. Mr. Mackie moved to accept the proposed
wording for section 715.06, including application for extension must
be submitted thirty (30) days prior to expiration of building permit.
Motion seconded by Mr. Loeffler. Motion Carried 6-0.
Mr. Klein felt the current wording for section 715.02 was good, but
agreed the proposed wording would strengthen the section. Mr. Loe-
ffler did not feel a change was needed, but the rest of the Board
felt the change was needed. Mrs. Plaskett stated there were no
clearing permits. Mrs. Martinez added the proposed wording would
have to complement ordinances currently in effect. The Board
discussed the proposed wording further. Mrs. Blazi moved to accept
the proposed wording for section 715.02 adding building permit,
foundation permit, tree removal and/or clearing permit, a site plan
must be approved subject to review by the City Council, Planning and
Zoning Board for any activity related to development, building, clear-
ing, subdividing....Mr. Mackie seconded. Motion Carried 6-0.
Mr. Klein brought up the investigation regarding the previous found-
ation permit problem and asked Mr. Wheeler if he had received a copy
of the information packet given to the City Attorney. Mr. Wheeler
had not. Mrs. Martinez stated when the City Attorney replied, the
Board would receive a package regarding the matter. Mr. Klein under-
stood the Board would be furnished with all information regarding the
matter and he wanted to know why the Board was not furnished with the
same information given to the City Attorney. Mrs. Martinez reiterated
the Board would be furnished with a packet upon receipt of the City
Attorney's interpretation. Mrs. Blazi and Mr. Wheeler felt this
should be brought up under miscellaneous later in the meeting.
NEW BUSINESS:
Rezoning request from Board of Adjustment regarding 111 Park Avenue:
Mrs. Plaskett and Mr. Fischer gave a brief summary of how permitted
lot coverage was exceeded on Mrs. Lipscomb's lot. Mrs. Lipscomb went
before the Board of Adjustment for a variance, but was denied. She
went back to the Board of Adjustment with new evidence, and was again
denied. The Board of Adjustment voted to send this to the Planning
and Zoning Baord for possible rezoning to B-3, since the neighborhood
was such a mixture of uses. The Board discussed Mrs. Lipscomb's prob-
lem, but agreed rezoning her property would not cure the exceeded lot
coverage. Mrs. Blazi brought up the fact the problem was the water
tower and the fact that it spills over. She felt the City should take
into serious consideration the possible liability the City may have in
this matter. The Board discussed further the lot coverage which was
exceeded by one hundred seventy feet (170'). Mr. Klein moved to
return this item to the Board of Adjustment for action. The Board
discussed the fact there was no building permit for a carport erected
and the Board of Adjustment had determined one hundred seventy feet
(170') of something would have to be removed from Mrs. Lipscomb's
property to come into compliance. Mr. Mackie seconded the motion.
Motion Carred 6-0.
Mr. Mackie stated he did not feel special exceptions for site plans
and the like should have to go the the Board of Adjustment, and the
Planning and Zoning Board could make the final decision in these mat-
ters. He suggested sending something to Council to that effect.
Mrs. Lipscomb stated there were problems with the water tower over-
flowing unexpectedly and sandblasting and repainting of the tower.
She admitted she made the error on lot coverage, but felt the City
should also take some responsibility with the problem. The Board
sympathized with her, but were unable to help her.
Planning and Zoning Board
Regular Meeting
Thursday, August 20, 1987
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MISCELLANEOUS:
Mrs. Blazi stated McGreggor's outdoor display was hazardous and
wanted to know why nothing had been done about it. Mrs. Martinez
explained it was one of many violations in the City. The Board
agreed every business in violation should be cited.
The Board asked the status of the proposed outdoor display/storage
ordinance. Mrs. Martinez stated it was still in the hands of the
City Attorney, and the joint meeting between the Board of Adjustment,
Planning and Zoning Board and the City Attorney would depend on the
Attorney's schedule.
Mrs. Blazi stated outdoor display is not permitted in B-S, but there
is outdoor display at the shopping center zoned B-S, north of town.
Mrs. Plaskett stated she had talked with the owner when he applied
for his occupational license. He agreed and signed the occupational
license application stating outdoor display/storage would not be per-
mitted.
Mr. Klein asked Mr. Fischer when a building permit is pulled for a
residential home. Mr. Fischer stated it was prior to the construction
of the house. Mr. Klein stated he had seen two (2) lots that were
cleared, filled, foundations poured and first rough-in plumbing had
been done without a building permit. Mr. Fischer explained the app-
lications were turned into the Building Department at the same time
the lots were being cleared and the other work was being started.
Mr. Klein asked for the date the building permit was applied for on
the project discussed previously at the July 16, 1987, meeting.
Mrs. Plaskett stated the date was not stamped in on that particular
application.
Mr. Wheeler stated the Board would be discussing paving permits
at the next regular meeting. Mrs. Plaskett stated another item
for the agenda should be a discussion regarding proposed wording
for the Code of Ordinances being changed from the time it leaves
the Planning and Zoning Board with their recommendation to the time
it is adopted, because the Board is never informed of any changes.
Mrs. Plaskett stated there have been many requests for video arcades
in the last year, but there is no provision in the ordinance. She
suggested placing it the agenda for the next regular meeting.
There being no further business to come before the Board, Mrs. B1azi
moved to adjourn, seconded by Mr. Klein. Meeting adjourned at app-
roximately 12:00 noon.
Minutes respectfully submitted by:
Beverly Kinney, Board Secretary
Planning and Zoning Board
Regular Meeting
Thursday, August 20, 1987
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