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01-15-1987 (.) (,) CITY OF EDGEWATER PLANNING AND ZONING BOARD JANUARY 15, 1987 9:00 A.M. COMMUNITY CENTER Minutes Chairman Wheeler called to order a regular meeting of the Planning and Zoning Board at 9:00 a.m. January 15, 1987 in the Community Center. ROLL CALL Members present were: Billy Klein, Nancy Blazi, George Quaggin, Paul Loeffler, James Mackie and M. F. Wheeler. Also present were Lynne Plaskett, Planning Assistant/Grant Administrator, Janet Morris, Secretary and Connie Martinez, City Clerk/Administrator. Member Fred Finn was excused. APPROVAL OF MINUTES The minutes of July 17, 1986 were presented for approval. Mrs. Blazi made a motion to approve the minutes, Mr. Klein seconded the motion "under protest". Motion CARRIED 6-0. The minutes of August 21, 1986 were presented for approval. Mr. Quaggin made a motion to accept the minutes. Mr. Klein seconded the motion, stating the part about the enforcement of the tree ordinance was not put into the minutes. Motion CARRIED 4-0 with Mrs. Blazi and Mr. Loeffler stating they were not at that meeting. The minutes of November 10, 1986 special meeting with the Board of Adjustments were presented for approval. Mrs. Blazi made a motion to accept the minutes as written. Motion seconded by Mr. Loeffler. Minutes APPROVED 6-0. The minutes of November 20, 1986 regular meeting were presented for approval. Mrs. Blazi made a motion to approve, seconded by Mr. Loeffler. Motion CARRIED 5-0 with Mr. Klein stating he was not present at that meeting. The minutes of the workshop meeting held December 3, 1986 were presented for approval. Mr. Loeffler made a motion to approve the minutes as presented. Mr. Klein seconded the motion. Minutes APPROVED 6-0. The minutes of December 18, 1986 were presented for approval. Mrs. Blazi made a motion to accept the minutes. Motion seconded by Mr. Mackie. Motion CARRIED 5-0 with Mr. Loeffler stating he was not present at that meeting. Mr. Klein once again protested to the minutes not containing all that occurred at the meetings. City Clerk Maritnez informed the Board that it was City policy for all Boards including City Council for the secretary to try to get what is important relating to a motion and how it was carried. It is left up to the secretary's discretion but the minutes are not done verbatim. She added the Board members were welcome to come in and listen to the tapes of any meeting. SP 8622 - LOUIS GEIL - B-3 - OFFICE BUILDING 600/602 N. RIDGEWOOD Mr. Geil informed the Board this site plan is for an addition to the present building at 600 North Ridgewood. He added they are expecting to receive the St. John's Water Management District permit today. The owner of the building is Fred Vanzin. The Board asked about the parking and Mr. Geil stated they were adding seven more parking spaces. Mr. Mackie enquired if the retention pond could hold the runoff from the entire roof. Mr. Klein stated they were getting plans with too many contingencies He added the Board has said before they do not want these plans until all these comments are corrected and approved. When all permits o o are received and everything is done then bring the plans to the Board. Planning Assistant Plaskett told the Board the St. John's Water Management permit is required before a building permit is ever issued. The permit is required in the Planning Department and copies to the City Engineer. Mr. Klein stated the Planning Board wants something back showing that everything has been followed through with. Planning Assistant Plaskett stated they could give the board a copy of the letter to the Building Department. Mrs. Blazi stated the sealed plans are in the office and everyone signs off when the applicant has corrected the comments on his site plan. Mr. Mackie made a motion to accept the site plan pending the City Engineer's approval. Motion seconded by Mr. Loeffler. Motion CARRIED 6-0. SP 8623 WILLIAM ROSSITER B-2 COMMERCIAL BUILDING 2056 GUAVA DRIVE The Board enquired as to what the building would be used for. Mr. Rossiter stated it will be used for B-2 allowable uses including light industry. Planning Assistant Plaskett stated before the plans carne to the Board all items listed were talked about excluding the Engineer's comments and all items were taken care of. She asked if the Board wants the plans without the comments and changes made before th~come to the Board. Mr. Wheeler stated there should be a window in the back for fire safety. Mr. Rossiter replied the reason they did not put in window there was because of security. Mr. Wheeler said they could put bars over it. The Board questioned the bathroom facilities in the building. Mr. Rossiter said they would be included in the construction plans. Planning Assistant Plaskett stated this is just site plan and the baths would be on the construction plans. The Board once again questioned about fire protection in the rear of the building. Mr. Rossiter stated there is ten feet in the back of the building, a fire truck is eight feet and the inspector had gone over the plans and approved them. Mr. Rossiter informed the Board that the application for the St. John's Water Management permit had been submitted. Mr. Loeffler moved that the site plan be accepted. Mrs. Blazi seconded the motion. Motion CARRIED 6-0. SP 8624 CHET BOYCE B-3 OFFICE BUILDING YELKCA TERRACE AND U.S. 1 The Board reviewed the department heads comments on the site plan. Mr. Wheeler asked the Building Official, Dennis Fischer, about his comments on the parking stalls. Building Official Fischer stated they might want to look at the degree and angle. Mr. Boyce said there would only be four units in the building. He added the parking stalls were ~one according to the requirements in the Code Book. The Board studied the plans and the requirements and found them compling with the code. Mr. Mackie stated if residential was to the east they would have to put a buffer in there. Mr. Mackie made a motion they accept the site plan as long as all the rules and regulations are followed. Mr. Loeffler seconded the motion. Motion CARRIED 6-0. ZONING TEXT AMENDMENT TO ALLOW CHURCH IN R-3 AS SPECIAL EXCEPTION Rev. Torn Bennett was present to represent Florida Shores Baptist Church. They are requesting a zoning text amendment to allow churchs in the R-3 zoning districts. They stated they are buying property at 1620 Edgewater Road which has a house on it at the present time. They would like permission to use the house for a church and later convert it to a Sunday school or parsonage. Rev. Bennett stated the total acreage is 2.08. The Board discussed the request and were concerned about having enough room for parking and how the residents surrounding the property would feel about a church being located there. Rev. Bennett stated the building only covers about five percent of the property therefore they would have plenty of room for parking. He added they had surveyed the people in the area and they had no objections to a church in the neighbor- hood. The Board discussed the fact if a zoning change is made to allow churchs in the R-3, single family residential, as a special exception, it would include all the R-3 in the City. Mrs. Blazi stated there has been problems in the past with churchs wanting to locate in a residential neighborhood. The Board also agreed if the. people in the area did not object to a church, they would need a petition saying so. -2- Planning and Zoning Minutes January 15, 1987 o o Mr. Klein suggested that the city contact the people in the area for their comments with the possibility that we not grant a special exception to an R-3 district but with the possibility of changing the area to a B-3 zoning because B-3 is on both sides of it. Mr. Wheeler asked if the city could do that legally. City Clerk Martinez suggested that the church obtain that information because we do not have the staff to go door to door. Mr. Mackie said if it is abutting to commercial property it would be easier to change than opening the whole R-3 area. There was a question of whether this would be considered spot zoning; the Board did not think it would be since the property abuts commercial property. Mr. Klein made a motion to table this with the understanding that the church will bring a petition signed by the people in the R-3 district there that they want a church. Motion seconded by Mr. Mackie. Motion CARRIED 6-0. AMENDMENT TO SECTION 707.00 CONCERNING UTILITY SHEDS - DENNIS FISCHER Chairman Wheeler read a memo from the Building Official requesting an amendment to section 707.00 in regards to utility sheds. Building Official Fischer stated the code doesn't give any definition of utility sheds. He added it does not tell when a utility shed ends and a garage begins and then people come in to get a permit for a shed, twenty by twenty four, and only five feet from the property line. He said this will give us a requirement on square footage and anything greater will be a garage. His recommendation is "Storage sheds of more than one hundred fifty square feet shall conform to the detached garage requirements of that zoning district. II The Board discussed the recommendation and decided there should also be a limit on the number of sheds per residence. The size of a utility shed was discussed and Building Official Fischer stated the average size of a manufactured utility shed was ten by twelve. After discussion Mr. Klein made a motion to amend section 707.00 to add "Storage sheds of more than one hundred twenty square feet shall conform to the detached garage requirements of that zoning district and that there be no more than one shed per building site". The motion was discussed and Mrs. Blazi amended the motion to say " no more than one shed per residence". Mr. Klein agreed with this amendment. Motion was seconded by Mr. Loeffler. Motion CARRIED 6-0. ELECTION OF OFFICERS Mr. Wheeler opened the floor for nominations for chairman of the Board for 1987. Mrs. Blazi asked if the officers had to be elected in January since Mr. Wheeler and Mr. Finn's terms were up in February and the Board did not know who might be appointed to the Board. Mr. Wheeler replied it calls for January. Mr. Mackie made a motion to elect Mr. Wheeler as chairman for the new year. Mr. Loeffler seconded the nomination. Mr. Klein nominated Mrs. Blazi for the seat of chairman. Mr. Wheeler asked for a second but there was none. Mrs. Blazi nominated Mr. Klein for chairman. Mr. Wheeler asked for a second and there was none. Mr. Mackie made a motion to close nominations. Mr. Wheeler closed the nominations and asked for a vote. Mr. Wheeler ELECTED chairman for 1987 by a vote of 4-2 with Mrs. Blazi and Mr. Klein voting no. Mr. Wheeler opened the floor for nominations for vice chairman. Mr. Mackie asked Mr. Quaggin if he had any problems with meetings in the daytime to which he replied no. Mr. Mackie nominated Mr. Quaggin as vice chairman. Mr. Loeffler seconded the nomination. There being no other nominations, they were closed. Mr. Quaggin ELECTED vice chairman 6-0. DISCUSSION OF SENDING LETTER RECOMMENDING REAPPOINTMENT OF J. WHEELER TO THE BOARD. Chairman Wheeler stated he would like to add on to this, he had a call from Mr. Finn, who is in the hospital, asking to be reappointed. Mrs. Blazi asked if the Board was going to send to Council the other request asking to be appointed to the Board. Chairman Wheeler said yes we can send them all in. Mr. Klein made a motion to send all applications to the Council. Mr. Mackie said we have to specific, Mr. Wheeler and Mr. Finn are coming up for reappointment and we would like to suggest to Council; send a letter for their approval. Mr. Klein said we are not the ones to select people for these advisory boards. The City Council will ask the current members or anyone else if they -3- Planning and Zoning Board January 15, 1987 o o want to serve. I think it is ridiculous for us to sit here and make a recommendation to the City Council that we recommend one or the other. I think it is their job to choose who they want on these advisory boards, it is not our job to recommend. They know the job that each and everyone of us has done up to this point. We work together two or three years and there is nobody here that is going to sit and say; we don't want this one and we don't want that one. I think it is their job to make the decision not us. Mr. Mackie said as long as we have board members here who we feel are doing a good job on the Board, he feels the Board has a right to send a letter in recommending them to the Council. Mrs. Blazi stated she agrees with Mr. Klein, it is not up to us to make a recommendation. She said all letters should be sent in to the Council, that Mr. Wheeler and Mr. Finn should take it upon themselves to tell Council they want to serve. Mr. Wheeler stated he had already sent a letter to Council. Mr. Wheeler stated he had asked the secretary to type up a letter for Mr. Finn and he would give it to his wife to take to the hospital and then back to City Hall. Mrs. Blazi made a motion to send all applications to the City Council. Motion seconded by Mr. Klein. Motion CARRIED 6-0. SECTION 715.02, REVISION OF SITE PLAN APPROVAL Chairman Wheeler asked Planning Assistant Plaskett to explain the memo. She said this was tabled from a previous meeting for additional information. She added sometimes when they asked for additional information, they did not clarify what type of information they wanted. Therefore she ask that they either phone her or stop by the office to discuss what type of information they want. She went on to say this memo is where we were discussing changing the site plan requirements to exclude interior renovations, temporary structures or structures that require no engineering or architectural drawings without having to corne before the Board for site plan approval. Mr. Klein made a motion for it to remain as it is. Mr. Wheeler asked for other input from the Board. Planning Assistant Plaskett stated she thought the State Statutes limit is $2,500.00. City Clerk Martinez said a person could spend $1,200.00 for a $200.00 project. The Board discussed this at length. Mrs. Blazi made a motion to table this subject and for Planning Assistant Plaskett to obtain actual ordinances for nearby cities to see what they are doing. These ordinances to be given to Board and they study the subject more throughly. Mr. Loeffler seconded the motion. Motion CARRIED 6-0. OUTDOOR STORAGE - PERMITTED USE VS. SPECIAL EXCEPTION Planning Assistant Plaskett said for the Board's information she had sent everything to the Board of adjustment for their review on outside display and storage and in the interm we had forgot to discuss whether or not we wanted to keep outside storage as a permitted use or special exception. She added the Board of Adjustment had sent it back that they want to keep it as a special exception. Mr. Klein made a motion to leave it as is (outdoor storage as a special exception). Mr. Loeffler seconded the motion. Motion CARRIED 6-0. MISCELLANEOUS Planning Assistant Plaskett stated she had information the Board had asked her for. She had a meeting with the City Attorney regarding easements. Question one was:is the forty foot easement legal when lots go to center line of road? Answer was:Yes, if it is a private road. The city would benefit because the property will be taxed to the center of the road and city would still have easement for water, sewer, trash, etc. Question two was:are private streets allowed in the City? After much research it was found that under our subdivision rules it clearly states all streets are to be public. In addition it was suggested the Board look into updating the subdivision rules and regulations. City Clerk Martinez stated the code book says we cannot have private roads, we do not need to get the city attorney's opinion. Planning Assistant Plaskett explained that she and the city attorney had gotten together and investigated all this and found that private streets are not allowed. -4- Planning and Zoning Board minutes January 15, 1987 o o Mr. Klein stated since this is the planning for the city and several hundred thousands of dollars has been spent on repaving of Indian River Boulevard; at this point this is the only entrance into this City from 1-95; It is a beautiful boulevard and I would like to recommend that this Planning Board, send to the Council a letter recommending they take over the mowing of the boulevard area. The state does it every so often but it gets up high and looks awful. Mr. Mackie stated the state or county will not let anyone work on their property. It was stated they do so in New Smyrna Beach. Mr. Klein stated he was only talking about the mowing because when it gets two or three feet high it looks awful and this is the main entrance into Edgewater. Mr. Loeffler asked if we could not see that the work is done by the state. The Board agreed the mowing would be a good idea if possible. Mr. Klein said he made that in the form of a motion (sending a letter to Council recommending the city take over the mowing of Indian River Boulevard area). Mr. Mackie seconded the motion. Motion CARRIED 6-0. There being no further business to come before the Board Mr. Loeffler made a motion to adjourn. Meeting duly adjourned at 10:50 A.M. Minutes Respectfully submitted by: Janet Morris -5- Planning and Zoning Board minutes January 15, 1987