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05-21-1987 . , o u PLANNING AND ZONING BOARD REGULAR MEETING THURSDAY, MAY 21, 1987 9:00 A.M. COMMUNITY CENTER MINUTES Chairman Wheeler called to order a regular meeting of the Planning and Zoning Board on Thursday, May 21, 1987, at 9:00 A.M., in the Community Center. ROLL CALL: Members present were Mr. Wheeler, Mr. Quaggin, Mr. Rossiter, Mr. Mackie, Mr. Loeffler and Mrs. Blazi. Mr. Klein was absent. Also present were Lynne Plaskett, Planning Assistant/Grant Admin- istrator, Connie Martinez, CMC, City Clerk/Administrator, Dennis Fischer, Building Official/Code Enforcement Officer and Jan Morris, Secretary. APPROVAL OF MINUTES: The minutes of April 16, 1987 were presented for approval. Blazi moved to accept the minutes, seconded by Mr. Mackie. Carried 6-0. Mrs. Motion SITE PLANS: SP 86-2 Luis Geil Riverview Court Subdivision Yelkca Terrace R-3 Mr. Geil was present to discuss this final plat. Mr. Mackie asked:abofit the easement. Mr. Geil stated it was not to be an easement, but a dedicated two way road to the city. Mr. Rossiter asked about the utilities and Mr. Geil stated they would be underground. The Chairman read a letter dated March 17, 1987 from the City Engineer to the Board stating he approved the plan subject to some minor changes. There was also a letter from Mrs. Plaskett regarding streetlights being installed at the developers expense and the location of the streetlights, excess planting to be cut back for visability onto Riverside Drive, the road is to be of concrete and a buffer consisting of a six (6) foot high fence and landscaping. Mrs. Plaskett stated the Board had requested her to check with the City Attorney regarding the thirty (30) foot right- of-way. The City Attorney stated it must meet the subdivision rules and regulations. There will have to be a variance request to the Planning and Zoning Board from the fifty (50) foot requirement to forty (40) and thirty (30) feet. Mrs. Plaskett reminded the Board they did have the right to grant variances for subdivisions, and it would not go to the Board of Adjustment. Mr. Geil is asking for the variance at this time. Mrs. Blazi asked Mr. Blanken, 504 Riverside Drive, what his main objection to the subdivision going in was. Mr. Blanken stated his main objection was a road going in right beside his house. Mrs. Blazi was under the impression the objection was a one way street, as originally planned, but she also stated the property was not owned by Mr. Blanken and he really did not have much say as to what was done with the property. Mr. Blanken quoted his attorney: "Issue Exception: the thirty (30) foot right-of-way cannot be dedicated to the public due to vested property rights." Mr. Blanken felt if Mr. Geil had an attorney stating the easement could be dedicated, the two (2) attorney's should get together and work it out. Chairman Wheeler stated the property owner could dedicate his land to the City. There was more discussion regarding the easement and Mr. Blanken's objections to dedicating it as a two (2) way road. The fact that Mr. Blanken's home was built back in the 1940's was brought up, and the City was under ordinance 219, which is now null and void. Mr. Mackie moved to accept the final plat pending an agreement between the City Attorney and Mr. Blanken's attorney regard- ing right-of-way. Mrs. Blazi amended the motion including approval of the variance on road width, and all legal problems must be taken care of before going to Council for final approval. Mr. Mackie agreed with the amendment to his motion. Mr. Loeffler seconded. Mrs. Blazi asked -1- """ ~ o that it be made clear the variance is for ten (10) feet for the forty (40) foot wide part of the road and twenty (20) feet for the thirty (30) foot wide part of the road. Mr. John Scott, 410 Riverside Drive, felt the utility easement should be brought up to the Board and he informed them it lessens the right- of- way to twenty-five (25) feet. Chairman Wheeler informed Mr. Scott the problem would be dealt with. Mr. Geil was called upon to answer Mr. Blanken and Mr. Scott's questions. Mr. Blanken asked about dedicating property to the City. Mr. Geil stated if he owned property, no matter what size, he could dedicate it to the City if he so desired. Mr. Blanken brought up the "Issue Exception" again. The motion and second was put to a vote and carried 6-0. SP-8705 Howard Knapp Edgewater Union Church U.S. 1 R-4: Mr. Knapp was present to discuss the site plan for a 20 x 26 foot storage .addition. Chairman Wheeler notified the Board, the site plan was exempt from stormwater calculations per the City Engineer. Mrs. B1azi noted there was a sketch drawn to scale in place of the required survey. Mr. Knapp stated Mr. Fischer had approved the sketch. Mr. Mackie read a letter from Mr. Fischer- stating"he would require either a survey, old or new, or a notarized letter of certification showing Mr. Knapp's sketch is correct. Chairman Wheeler read a letter from Mrs. Plaskett, Planning Department, regarding Mr. Knapp's request and his attitude in conforming with the City's rules and regulations for site plan approval. Mr. Knapp felt there should be separation of church and state. Mrs. Plaskett informed Mr. Knapp the Planning and Zoning Board would have to approve of any deviation from the rules and regulations regarding site plan application and procedure. Mr. Rossiter pointed out that none of the requirements had been met as far as signed/sealed drawings being submitted to the Board. Mrs. Plaskett informed the Board Mr. Knapp refused to submit the required information. Mr. Fischer was called into the meeting, he stated he did receive a notarized statement O.K. 'ing Mr. Knapp's sketch and should have been included in the Board's packets. Mr. Fischer explained the only deviation from a survey in order to pull a building permit is for residential property. In that case, a plot plan is drawn to scale and submitted to the Building Department. Mrs. Plaskett informed the Board the area is zoned R-4, and is a non- conforming use. Mr. Rossiter wanted to know why the application was accepted since Mr. Knapp did not comply with the rules and regulations. Mrs. Plaskett explained she had a very heated discussion with Mr. Knapp regarding this and it was decided the only way to handle the situation was to let the Board decide whether to accept the application or not. Mrs. Blazi felt there should possibly be some exceptions for churches. She stated this church was only building a storage addition and there would be no profit involved from expanding the church for more parish- oners joining the church. Mr. Knapp explained they are now storing their things in a parishoner's garage, but that can't go on forever. Mrs. B1azi stated if Mr. Fischer didn't have a problem about a survey, the Board shouldn't have a problem either. Mrs. Blazi asked if there was any reason for signed/sealed drawings since the project cost is under $25,000.00. Mr. Fischer stated the common rule is generally projects under $25,000.00 in value are not strictly held to architectural or engineering requirements by the State, but under City Code we do not follow the State requirements. Mrs. B1azi felt Mr. Knapp should be exempt from strict adherence to the rules and regulations since it is only a storage building and will never be used for anything else. Mr. Loeffler felt the site plan should be denied, because the Board is not to permit an addition to a building that is already non-conforming in use. Mr. Rossiter moved that the standard applications of the Planning and Zoning Board be adhered to, therefore making Mr. Knapp go through the same procedures as anyone else, seconded by Mr. Loeffler. Mrs. Blazi asked if Mr. Knapp would be able to appeal to Council, Mrs. Martinez felt the Council would just send it back to the Board again. Motion Carried 5-1, with Mrs. Blazi voting No. Planning and Zoning Board Regular Meeting Thursday, May 21, 1987 -2- o o SP-8706 Reverend Tom Bennett Florida Shores Baptist Church R-3 Mr. Cliff Bennett was present to discuss this site plan. Mrs. Blazi brought up the letter from the City Attorney regarding a church going in near an establishment serving alcohol, and the City Attorney felt there would be no problem. Mrs. Plaskett stated all comments from the Department Heads had been addressed. The Board had a question regarding comments from the Building Official and the Fire Inspector about construc- tion plans. Mrs. Plaskett stated she asked them to stop including comments regarding construction, because it did not have anything to do with the Board. Mr. Loeffler moved to accept the plan, seconded by Mrs. Blazi. Motion Carried 6-0. SP-8707 Earl Wallace Retail Office Complex W. Park Ave B-3 Mr. Wallace was present to discuss this site plan. Mr. Wheeler pointed out there was a residence on this lot. Mr. Wallace stated the Building Official, the Fire Inspector and the Planning Department did not have a problem with the plan and it did comply with all the City's requirements. Mr. Wallace pointed out the City requires 100 feet egress/ingress from a main artery and the proposed plan is for 142 feet. Mr. Wheeler asked what type of business would be going in. Mr. Wallace explained it would be a family operated business of retail/wholesale. The upstairs would be used as a hobby room for one of the family members. Mr. Wallace stated the building and usage comply with the City's Code Of Ordinances. There was a question about the percentage of lot coverage. Mr. Wallace explained the lot will not be split because it would cause an overusage of property, and if ever sold it will have to be sold as one parcel. Mr. Rossiter moved to accept the site plan, contingent upon the approval of the City Engineer. Mrs. Blazi seconded the motion. Motion Carried 6-0. SP-8708 Luis Geil Hope Building Hibiscus Drive B-2: Mr. Geil stated this would be a carpentry shop and office. The Board felt they would like to have the actual use stated on the site plan application in the area marked "proposed use". Mr. Geil stated all comments from the Depart- ment Heads had been addressed. Mr. Wheeler asked why there were so many parking stalls shown on the plan. Mr. Geil stated there is no clear definition in B-2 regarding parking, except by occupation, so the owner covered himself by putting in an overabundance of parking stalls. Mr. Geil pointed out if there is not enough parking, no occupational license will be granted. The Board had a problem with not knowing the final intentions for the building. Mrs. Martinez stated the City's occupat- ional licensing procedure is the strictest it has ever been. Mr. Ross- iter moved to accept the plan, contingent upon the engineer's approval and that it complies with the B-2 Business District, seconded by Mr. Mackie. Mr. Rossiter also said that the plans will have an architectural/eng- ineering seal before a building permit is pulled, seconded by Mr. Mackie. Motion Carried 6-0. SP-8709 Luis Geil Belmont Plaza U.S.1/Falcon Ave. B-5: Mrs. Plaskett stated she had a lot of problems with this site plan. Mr. Geil had addressed some of the Department Head comments, but there are still areas that have not been addressed. Mrs. Plaskett brought up the twenty-five (25) foot buffer. Mr. Geil stated he was using a six (6) foot high fence along the residential area. Mrs. Plaskett stated there is still to be a twenty-five (25) foot landscape buffer. Mr. Geil stated he had brought in a revised set of plans, but not all the Board members had them. Mrs. Plaskett apologized stating she was filing in for the person who usually takes care of the information packets for the Board members, and she had done her best to get complete packets to the Board members. Mrs. Plaskett did have a copy of the new plan at the meeting. Mr. Wheeler pointed out the new plan still showed an egress/ingress crossing the residential buffer strip, which is not permitted. Mrs. Plaskett pointed out the gas pumps are not permitted by themselves, and B-5 states service types A and B stations, and there is no station showing on the plans. The gas pumps are shown as future, and the Board has real problems with future uses showing on a plan. Mr. Geil stated he could eliminate the gas pumps. Mrs. Plaskett stated she had a problem with the egress/ingress off of Falcon Avenue, because the street was dedicated as a local street in 1982. The B-5 code states egress/ingress must be off an arterial or collector Road and Falcon Avenue is neither, and the additional traffic will be a real problem. Mrs. Plaskett further stated that all egress and ingress should be off of U.S. 1 with acceleration and deceleration lanes and a crossover lane if D.O.T. requires it. Mr. Geil stated an egress/ ingress on Falcon Avenue would be more of a convenience for the residents of Pelican Cove Subdivison. Mrs. Plaskett referred back to the Code Book, stating it would not be permitted. Planning and Zoning Board Regular Meeting -3- May 21, 1987 Thursday o o Mrs. P~askett stated she had talked to Florida Power and Light and they dId not have the facilities and the cost was not feasible at this time to put s~reet lights along Falcon Avenue. Mr. Geil stated the developer would he.ar.the expense if necess~ary. Mr. Wheeler opened the floor for discussion. Mr. Hardister of 817 Egret Court asked Mr. Geil if he felt Falcon Avenue was_ a resIdenLIal street. Mr. Geil stated it was in the B-5 zone and felt it is an access road to a subdivision. Mr. Hardister was concerned with the acc~ss on Fal~on ~venue and the gas pumps and the type of building and busInesses gOIng In, and the residents did not want it going in. The Board agreed the access on Falcon Avenue and the future gas pumps needed to be r~mov~d from the plans, and until it was done they could not approve thIS sIte plan. Mrs. Blazi asked what the structure would be built of. Mr. Geil stated it would be a metal structure. Mr. Wheeler stated it looked more like a warehouse. Mr. Hardister stated in a conversation he had with J.C. Carder, Mr. Carder stated he had intended to place townhouses along Falcon Avenue, but he was planning to put a parking lot next to the townhouses. Mr. Hardister asked the Board to please consider what was happening to the residents of Pelican Cove. Mr. John Scherz of Pelican Cove was given permission to speak, and he stated the Council informed him there were over 100 violations in the subdivision and there are still problems. Mr. Scherz stated that be- cause of Mr. Carder's past record the Board should be very careful in making a decision. Mr. Scherz was also concerned about the lost privacy of the residents. There was further discussion among the Board members regarding traffic and the landscaped buffer area and the gas pumps. Mrs. Blazi felt there were too many problems with this site plan to approve it and she moved to deny this plan as presented and requested all of the items discussed be addressed in a new site plan and in writing. Mr. Geil asked if the plan was being tabled, Mrs. Blazi stated she was not tabling the plan she was moving to deny it, which mean't it would have to go through the whole process before going to Planning and Zoning. The motion was seconded by Mr. Mackie. Motion Carried 6-0. There was a five minute break at this time called by Mr. Wheeler, with the meeting resuming at approximately 10:40 A.M. SP-8710 Luis Geil Bosgraaf Building Hibiscus Ave. B-2: Mr. Geil was present to discuss this site plan. Mr. Wheeler read through the Department Head comments then asked what would be going into the building. Mr. Geil stated anything allowed in B-2, but the owner is a carpenter. There was a question regarding when an architectural signed and sealed set of plans had to be presented to the City. Mrs. Plaskett informed the Board it was not required until the applicant was ready to pull a building permit and plans were submitted to the Building Department. Mrs. Plaskett reminded the Board they were only reviewing the site plan, not the construction plans. Mrs. Plaskett stated the applicant is required to submit two (2) signed and sealed sets of plans, one set stays in the Planning Department and one set goes to the City Engineer. The Board decided they wanted Mrs. Plaskett to furnish the Board with a signed and sealed set of prints at each Board meeting from now on. Mr. Wheeler brought up parking stalls. Mr. Geil stated he put the maximum number, ten (10), he could get on the lot. Mrs. Plaskett stated, because of the parking, the type(s) of business going in will be restricted. Mr. Mackie asked about the alley in back of the proposed building. Mr. Geil stated it is to be a one-way alley. The subject of occupational licensing was discussed. Mr. Mackie stated if there was any future expansion there would have to be more lavatory facilities provided. Mr. Geil agreed, but stated he would have to come back to the City for that. Mrs. Blazi moved to accept the plan subject to the uses allowed in the B-2 zone, and placing faith and trust in the City's licensing system and Engineering approval. Motion seconded by Mr. Rossiter. Motion Carried 6-0. Planning and Zoning Board Re.gular Meeting -4- Thursday, May 21, 1987 o o SP-8511 Luis Gei1 Live Oak Apartments Live Oak/Yelkca Terr. R-5A Mr. Geil was present to discuss this site plan. Mr. Geil stated the time for site plan approval had lapsed. The developer had pulled the building permit, but no construction was done and everything lapsed. Mr. Geil stated the road impact fees will increase the cost of the permit by $14,000.00. The Board discussed the size of the building, the parking stalls, patio slabs and setback encroachments. Mr. Geil stated there were a couple of extra parking stalls for guests. Mr. Wheeler brought up the water line and Mr. Geil stated he was working with Mr. Wadsworth on getting the required hook-up. Mrs. Martinez added it would be at the builders expense. Mrs. Plaskett asked about garbage pick up. Mr. Geil was thinking of curbside pick up, but the Board felt dumpsters would be better. Mr. Mackie moved to accept the site plan, but there must be dumpsters in place for garbage pick up, seconded by Mrs. Blazi. Motion Carried 6-0. NEW BUSINESS: B-2 District Uses: Mrs. Plaskett gave the Board members a copy of uses permitted in the B-2 district for them to go over and discuss additions and/or deletions of uses at the next meeting. OLD BUSINESS: Schools In R-1 And R-2: Mr. Loeffler stated schools would have to also be deleted from R-1A, R-2A, R-1B and R-2B as special exceptions. Mrs. Blazi moved to instruct Mrs. Plaskett to add to the deletion of schools in R-1A, R-2A, R-1B and R-2B zones as a special exception, seconded by Mr. Loeffler. Motion Carried 6-0. MISCELLANEOUS: Mrs. Plaskett handed out a copy of a letter Mr. Fischer sent out to the owner of the day care center regarding paving, which the Board had requested. Mrs. Blazi stated the proposed ordinance regarding Outdoor display and storage had not gone to Council yet, and she felt one problem would be Mr. McGreggor of Edgewater Rental. Mrs. Blazi stated he is very opposed to our present zoning. Mrs. Blazi added he is to have a fence around the dangerous equipment according to the ordin- ance, and she stated she wanted the Code Enforcement Officer to speak with Mr. McGreggor. Mr. Wheeler brought up the thrift shop down on U.S. 1 and wanted to know why the proposed ordinance had not gone to Council. Mrs. Martinez stated there would have to be a staff meeting which would include the City Attorney. Mrs. Martinez stated the City Attorney had a problem with the Outdoor Display section of the ordinance. Mr. Wheeler wanted to know why the City Attorney had not come to the Board to discuss it if there was a problem. Mrs. Martinez stated he did not have enough time, but she would do her best to get everyone together. Mr. Mackie questioned why there was no computer in the Planning Department. Mrs. Martinez stated there was not enough in last years budget. Mrs. Plaskett said she would try again with this years budget. I There being no further business to come before the Board, Mr. Mackie i moved to adjourn, seconded by Mrs. B1azi. Meeting adjourned at 11:45 A.M. I Minutes respectfully submitted by: Beverly Kinney, Board Secretary -5- Planning and Zoning Board Regular Meeting Thursday, May 21, 1987