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03-19-1987 . . o o I , CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING THURSDAY, MARCH 19, 1987 9:00 A.M. COMMUNITY CENTER MINUTES Chairman Wheeler called to order a regular meeting of the Planning and Zoning Board, Thursday, March 19, 1987, at 9:00 A.M., in the Community Center. ROLL CALL: Members present were Mr. Wheeler, Mr. Klein, Mr. Mackie, Mrs. Blazi, Mr. Quaggin and Mr. Rossiter. Mr. Loeffler was excused. Also present were Lynne Plaskett, Planning Assistant/Grant Administrator, and Beverly Kinney, Board Secretary. APPROVAL OF MINUTES: The minutes of February 19, 1987, were presented for approval. Mr. Quaggin moved to accept the minutes as written, Mrs. B1azi seconded the motion. Motion Carried 6-0. PRELIMINARY PLAT: SD-86-2 Luis Geil Riverview Court Subdivision Yelkca Terrace and Riverside Drive: Mr. Geil was present to discuss the preliminary plat. Mrs. Blazi asked about the private street shown previously on a sketch Plan. Mr. Geil and Mrs. Plaskett explained the City Attorney ruled private streets were not permitted according to the Subdivision Rules and Regulations. Mr. Geil stated the street will be a publicly dedicated one-way street with a fifty (50) foot right- of-way on Yelkca Terrace, a forty (40) foot right-of-way through the subdivision and a thirty (30) foot exit onto Riverside Drive. Chairman Wheeler gave permission to Mr. John Blanken, 504 North Riverside Drive, to address the Board. Mr. Blanken stated he had a letter from his attorney rendering an opinion as to the easement and Mr. Blanken's rights to use the easement as stated in his deed. Mr. Geil explained Mr. Blanken will still have the right to use the easement, he will just have to enter on Yelkca Terrace and exit on Riverside Drive like everyone else. Mrs. Blazi asked to have the letter from Mr. Blanken's attorney attached to the minutes of this meeting, the Chairman agreed and instructed the Secretary to do so. Chairman Wheeler stated the matter would be turned over to the City Attorney for his interpretation along with a copy of the letter from Mr. Blanken's attorney. Mr. John Scott, 510 North Riverside Drive stated Florida Power and Light has a five (5) foot access easement and a utility pole in the thirty (30) foot easement at this time. Mrs. Blazi moved to approve the preliminary plat subject to a written opinion from the City Attorney regarding the letter from Mr. Blanken's attorney, how the utility easement effects the right-of-way at the thirty (30) foot easement, and his opinion of a one way street. Motion seconded by Mr. Mackie. Motion Carried 6-0. ANNEXATION/REZONING REQUEST: Luis Geil Lots 3, 4, 5, 6 & 7 Roberts Road and U.S.#l: Mr. Geil was present to discuss the annexation/rezoning request. Mrs. Blazi wanted to know about the possibility of squaring off the city bound- aries by taking in the whole area. Mrs. Plaskett stated if the front property is voluntarily annexed, the City may be able to administratevly annex the back property, unless they are also willing to voluntarily annex. Mr. Geil stated he had contacted some of the surrounding property owners, but there are over forty (40) of them, and they are spread out allover the country. o o Luis Geil Annexation/Rezoning Request continued: Mrs. Plaskett informed the Board the Comprehensive Plan must be amended for any property totalling ten (10) acres or more, and the Comprehensive Plan can only be amended twice a year. The City will not amend the Comprehensive Plan again until September unless it is necessary to do so before. Mrs. Blazi felt the City should pursue voluntary and administrative annexation to square off the city boundaries to avoid creating another enclave. Mr. Klein stated the City is working on a Capital Improvement Program and annexing more property would not be wise at this time, because the City doesn't have the capability to service what they have with sewer now. Mr. Geil and Mrs. Plaskett informed the Board the property is now county commercial and county single family residential. Mrs. Plaskett stated this was also a rezoning request and they are asking for high- way commercial throughout the whole property. Mr. Geil stated the property owner could refrain from annexing at this time and hook into county utilities (septic tank), but by annexing the City would receive the revenue. The Chairman suggested possibly annexing the property in with the provision there be no construction on the site until sewer is available. Mrs. Blazi asked what the Comprehensive Plan called for in the area. Mrs. Plaskett was not sure, but thought it was designated multi- family. Mrs. Blazi moved to table the request until the Planning Department could give the Board a preliminary review of the feasability of annexing the whole area to square off the city boundaries and how the rezonlng would effect the Comprehensive Plan. Motion seconded by Mr. Mackie. Motion Carried 6-0. SPECIAL EXCEPTION: Unmanned Telecommunication Center R-1B Daniel Barber for Southern Bell and Magnuson Corporation Cocoa Palm Drive and Indian River Boulevard: Mrs. Plaskett asked what an unmanned telecommunication center was. Mr. Barber explained Southern Bell uses electronic means to multiply the available feeder facilities from the central office. Instead of service coming direct from the central office to your home, Southern Bell is now using the unmanned telecommunication center to multiply one line electronically so ten (10) people can be served. It avoids sub-structures, manholes, conduit systems and tearing up roads to place cables. The facility uses fiber-optics and will handle one thousand four hundred (1400) telephone lines. Southern Bell picked the location because it is closest to its feeder facilities. The concrete hut proposed is eight (8) feet eight (8) inches tall, thirteen (13) feet three (3) inches wide and seven (7) feet seven (7) inches deep. The facility requires no water or septic tank and emits no odors or noise. Mrs. Blazi asked about water for landscaping. Mr. Barber stated Southern Bell does landscape and they usually put in a sprinkler system. Mr. Mackie asked how often someone would be at the site. Mr. Barber explained someone would be there to install new cable, for regular maintenance and when doing repalrs. Mr. Barber mentioned the possibility of selling the property at a later date with Southern Bell keeping an access easement to the site, but he was informed it would not be possible because of the setback requirements. Mrs. B1azi moved to send a recommendation to the Board of Adjustment to grant the special exception with the request Southern Bell maintain attractive landscaping. Motion seconded by Mr. Rossiter. Motion Carried 6-0. Planning and Zoning Board Regular Meeting March 19, 1987 -2- ~, l o o PARKING REGULATIONS: Memo.from City.Cl~rk/A~ministrator requesting comparative study for possIble restrIctIons In current parking ordinance: The Board agreed there was really not much difference in Edgewater's parking ordinance when compared to those of five (5) other cities. Mr. Klein moved to leave the current parking ordinance as it is, seconded by Mr. Mackie. The Board agreed they were unclear as to the possible restriction mentioned in the memo of March 2, 1987. Motion Carried 6-0. OLD BUSINESS: Jim Morris Attorney Request to Vacate alley Huntley-Jiffey 807 Indian River Boulevard: Mr. Morris was present to discuss the vacation request. The Board had requested Mr. Morris to determine the turning radius needed for a ninety (90) degree turn for the pro- posed rear alley at the last meeting. Mr. Morris stated a twenty (20) foot vehicle would have no problem with the turn, but a thirty (30) foot vehicle would require more room. Mr. Morris stated a thirty (30) foot vehicle could swing wide onto Huntley Jiffy property and make the turn. He also pointed out the same problem exists with the current alley. Mr. Morris stated he had checked with his clients regarding landscaping as the Board had suggested at a previous meeting and he showed a sketch of the proposed parking, driveway and landscape plan. Mr. Morris stated the landscaping would be done in two (2) phases. The first phase would be in front of the current businesses and phase two (2) would be the vacant lot when it is developed. The Board felt all landscaping should be done at the same time, not in phases. Mr. Morris was con- cerned the landscaping for the vacant lot would be destroyed due to traffic and would need continual replacement. The Board suggested placing metal or concrete posts to keep traffic from running over the landscaping. Mr. Morris was worried about the liability his clients could incur if someone ran into the posts. Mr. Klein felt the whole landscape buffer with metal or concrete posts should be placed as soon as possible to control traffic since Huntley-Jiffy would be leveling off the vacant lot. Mr. Morris stated his cleints had done all they could to cooperate and work with the City by in- creasing the width of the alley/access easement, controlling the driveways, offering to grade off the vacant lot so it's not so un- sightly and providing landscaping. Mr. Klein asked about curbing and Mr. Morris stated it would possibly be rolled asphalt, or what- ever the City's specs called for. Mrs. Blazi asked about the rest of the current alley if the vacation and exhange is granted. Mr. Morris stated it would stay the same. Mrs. Strong of India Palm Dri.ve and 18th Street was given permission to address the Board. She complained about the alley behind her house and wanted the Board to vacate the whole alley, not just half. Her reasons were large trucks going through and messing up her phone service by running over the cable and messing up the utility lines on the poles. She also stated Council had ruled the alley was an easement and since the City had failed to maintain it for sixty (60) consecutive months it should have been given to the property owners as stated in their deeds. Mrs. Strong protested the removal of the barricades because they stop cars and motorcycles from going through and tearing up property. The Board informed Mrs. Strong that her part of the alley was not being discussed and they had no authority on the barricades. The city placed them and Council would have to address it. Mrs. Strong did state she was in favor of the vacation request, but wished it was for the entire alley. Mr. Mackie moved to recommend Council accept the vacation of the alley running north and south next to Huntley-Jiffy for a dedicated fifteen (15) foot right-of-way and a ten (10) foot access easement running east and west from India Palm to Hibiscus with the following conditions: 1.) landscape as per the sketch plan to be done all at one time, not in phases. 2.) Metal or concrete posts will be erected. Motion seconded by Mr. -Klein. Motion'Carried 5-0, with Mrs. Blazi voting no, because she feels no City property should be vacated. Planning and Zoning Board March 19, 1987 -3- Regular Meeting o o Mr. Klein stated across from Edgewater Hardware is a City easement and he asked Mrs. Plaskett if the City could make Edgewater Hardware put in a ten (10) foot landscape buffer. Mr. Klein asked about this because the same traffic problem exists at the Hardware store as does with the Huntley-Jiffy. Mrs. Blazi suggested getting the residents of Florida Shores together and taking the request to Council. Mrs. Plaskett stated if he was referring to all of Indian River Boulevard he would have to get in touch with D.O.T., but you can't arbitrarily go into an existing business and tell them they have to put a ten (10) foot landscape buffer in if the business was in existence prior to the ordinance going into effect. Sid Corhern Zoning text amendment to allow churches in R-l, R-2 and R-3 Districts as a special exception: Mr. Corhern withdrew his request after the agenda for this meeting was posted. The Board did request to have churches on the agenda for the next meeting to discuss changes in any ordinances pertaining to churches. Site Plan Procedures: Mrs. Plaskett informed the Board the information was to let the members know what the Planning Department was doing. Mr. Klein suggested numbers seven (7) and eight (8) be interchanged so that the Board has all the required permits before it is presented to the Board. Mrs. Plaskett informed the Board a site plan must be approved by the City before the applicant can get a permit from St. Johns Water Management District. Mrs. Plaskett informed the Board the Planning Department will not give the Building Department an O.K. for building permits to be pulled until all the permits are presented to the City. Exemptions from Site Plan Review Section:7l5.02: Mrs. Plaskett went over the survey of other cities the Board requested at the last meeting. Mr. Klein did not feel there should be any exemptions, because there were too many permits never pulled that should have been. Mrs. Blazi felt the City was putting undo hardship on .small business and more work on the Board. Mr. Mackie requested a run down of the suggestions for exemption which were interior renovations, temporary structures and structures requiring no architectural or engineering drawings. After some discussion the Board decided they did not want temporary structures exempted because they can be around for a long time and structures that require no engineering or architechtural drawings, such as a concrete slab, can turn into a garage or a screened in porch. The Board agreed to have Mrs. Plaskett write a draft to possibly include interior renovations that do not change the foot- print of a building and would include attached slabs for the Board to review at the next meeting as an exemption to section 715.02 Outdoor Display: Mrs. Blazi stated she knew this was a touchy subject for the Council and the memo from Mrs. Plaskett to the City Clerk/ Administrator regarding the intent of the ordinance spells out the Board's intent, and she suggested the Board submit the memo to Council with their approval. Mr. Klein moved that the Planning Assistant/Grant Administrator's memo be the Board's official report back to Council regarding the intent of the ordinance. Mrs. Blazi seconded the motion. Motion Carried 6-0. Planning and Zoning Board Regular Meeting March 19, 1987 -4- o o MISCELLANEOUS: Mr. Klein stated he was aware of some pouring of concrete done without any permits and felt the Chairman should appoint a committee to look into this matter and other similar matters. Mrs. Plaskett informed the Board an infant day care center was preparing to pave a parking lot. It was all laid out and ready to pour. Dave Jones called the place and was informed they were indeed getting ready to pour. Mrs. Plaskett stated since she noted what was going on, the parking lot has been poured and as far as she knew they never got approval from the City Engineer, got their St. Johns Water Management District permits or anything else the City required. Chairman Wheeler appointed Mr. Klein and Mr. Rossiter to the committee to check out these type of practices. There being no further business to corne before the Board, Nancy Blazi moved to adjourn, Mr. Mackie seconded. Meeting adjourned at 10:58 A.M. Minutes Respectfully Submitted By: Beverly Kinney Planning and Zoning Board Regular Meeting March 19, 1987 -5- .- o o DELoACH & PETERSOK P. A. AnO_NUS AT LAw J- ~VD Drl..O""CH 510 ~ KTf.RSON \I .,. CAN.u. S~n POST Of'FlCE BOX G8 NEW SMYJ.NA aLACK. fU)k10A 52070 C~) .2&-2~ February 18, 1987 John L. Blanken 504 N. Riverside Drive Edgewater, Florida 32032 Re: Reserved Easement Dear Mr. Blanken: pursuant to your request I have reviewed the abstract to your property with specific attention being directed to the terms of the 30 foot easement to the North thereof. The original easement grant is contained in that certain War- ranty Deed dated January 28, 1953 and recorded in Official Records Book 478, page 115, Public Records of Volusia County, Florida. The language of said easement is as follows: "Grantees herein shall have the right of ingress and egress for drive-way purposes to the 30 feet North of and adjacent to property deeded herein." , To determine the extent of use of this easement I conducted a lengthy research of applicable Florida law and came to the folloW- ing conclusions: 1 1. This is a non-exclusive easement. An exclusive easement is one for the sole benefit of the easement holder and excludes use thereof by the grantor servient owner. A non-exclusive easement, on the other hand, per- mits use by the servient owner. Florida law is clear in that there must be a clear indicatinn to convey an exclu- sive ease~e~t in property and abse~~ such an indication the easement is presumed to be non-,xclusive. 2. Recognizing that the grant:r servient owner can use the property, to what extent C,,:1 he use it? The basic rule in Florida is that the €~sement holder has essentially the right of free passc~e over the easement to the degree and amount originally contemplated by the parties and the grantor servient o\o;ner may use his land, including the easement, in such a ~oy that will not inter- fere with the easement owner's right of passage. John L. Blanken February IB, 1987 Page Two o o What this means to you, in my opinion, is that the owner of the land, over which your easement is situated, can use the land snd the easement so long as it does not interfere with your right of ingreSs and egress. A plan to make this a one-way street would interfere with your right and would be prohibited. However, using the subject easement as a means of ingress and egress to owner's lots would be permissible. I would also point out that it would not be possible for the owner to dedicate this easement as a public right-of-way without your approval since you have a vested property right in this par- cel. Thank you for allowing me to be of service and if I can be of fu~ther assistance, please do not hesitate to contact me. ~( SI~. '\p~TEhoN' Sincerely.jour / scp/cmr