Loading...
12-18-1986 Q Q r CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING THURSDAY, DECEMBER 18, 1986 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, December 18, 1986, in the Community Center. ROLL CALL: Members present were Mr. Wheeler, Mr. Mackie, Mr. Finn, Mrs. Blazi and Mr. Klein. Mr. Klein arrived at approximately 9:05 A.M. Also present were Beverly Kinney, Secretary, Lynne Plaskett, Planning Assistant/Grant Administrator, Connie Martinez, City Clerk/Administrator, Dennis Fischer, Building Official. Mr. Quaggin was excused and Mr. Loeffler was absent. APPROVAL OF MINUTES: Mrs. Blazi: "I make a motion that we delay conversation on the minutes till the very end of this meeting in case someone else shows up on the Board." Mr. Mackie seconded the motion. Motion carried 4-0. SITE PLANS: SP-862l I-I R. Richenberg/F. Harpster Park Ave/Mango Tree Dr Surfboard Manufacturing. Mr. Mackie: "I make a mot ion to set it as ide un ti 1 later on in our meeting." Mrs. Blazi seconded the motion. Motion carried 4-0. (There was no representative at the meeting to discuss this site plan.) SKETCH PLAN: Louis Geil Yelkca Terrace Proposed Subdivision Mr. Geil was present to discuss this sketch plan for a proposed subdivision on Yelkca Terrace. Mr. Klein arrived at the meeting. There was some discussion regarding the one-way easement propose~ to go through the subdivision. The property lines for the lots would start at the center of the easement. Each property owner would have a deeded right to the use of the easement. The city would have permission to use the easement for trash pick-up, emerg- ency services, etc. The homeowners would be responsible for maint- enance of the easement. Mr. John Blanken, a resident next to the proposed subdivision, was given permission to speak. Mr. Blanken stated it was his easement. Mr. Geil informed the Board that Mr Blanken had the right to use the easement, but the easement actually belonged to Mr. Geil's client. Mr Klein: "At this point I would make a recommendation that we table this until we get an interpretation from our attorney on you being able to use part of the easement. I don't see passing it without saying they can use part of the easement until we get a legal interpretation. That's in the form of a motion." There was some confusion as to the motion made so Mrs. Blazi clarified the motion: "I make a motion that we accept the sketch plan subject to written legal interpretation from our attorney in regard to this question on the use of part of the ease- men t. " Mr. Kle in: "I'll amend it that way." Mr. Mackie seconded the motion. Motion Carried 5-0. o o REZONING: J.C. Carder U.S. 1 and Riverside Drive R-2 to B-3 Mr. Carder was present to discuss the rezoning of property he owns, which is now zoned R-2. Mr. Carder explained that the area along Riverside Drive would be residential lots and the B-3 would start back about one hundred thirty five (135) feet. The present B-3 zoning extends three hundred (300) feet from U.S. 1. The comments of the Department Heads were read to the Board, and the majority of the comments were not favorable to the rezoning. Mrs. Plaskett informed the Board that the City's future land use map shows the whole area as residential, including the area zoned B-3. Mr. Carder explained the proposed project would be similar to Down- town Edgewater Plaza or Florida Shores Plaza. Mrs. B1azi felt that Mr. Carder should have asked for this to be rezoned B-5, which is a planned shopping center. Mrs. Plaskett informed the Board that she had talked to some of the resident's that would be effected by the rezoning, and they did not want to walk out their front door's and see the back end of a shopping center. There was some discussion regarding the possibility of spot zoning. Mrs. Plaskett informed the Board that there are signs along Riverside Drive that state no trucks over one (1) ton be permitted. Mr. Carder is showing two (2) ingresses and egresses on Riverside Drive, and she felt the road couldn't handle it. Mr. Mackie: "I'll make a motion that we tab 1e ita t this time for further investigation. We seem to be in a dither one way or the other, and to give the site plan an honest judgement, I think we should table it till our next meeting." Mrs. Plaskett asked what additional information Mr. Mackie wanted. Mr. Mackie stated he didn't know. Mrs. B1azi suggested more detailed comments from the Department Heads would be helpful in making a decision. Mrs. B1azi seconded Mr. Mackie's motion. Motion Carried 5-0. SITE PLANS: SP-8621 R. Rjchenberg Surfboard Manufacturing Park Ave/Mango Tree Sue Harpster-Lattre11 was present to discuss this site plan. She stated there would be a maximum of four (4) employees. The building is to be two thousand (2,000) square feet and there will be no retail sales, strictly manufacturing and wholesale. Mr. Richenberg stated he was currently operating on Hibiscus. Mr. Mackie stated Mr. Richenberg would have to meet the City Engineer's and the County's requirements. Ms. Latre11 stated everything was being taken care of and she was aware that no building permit could be pulled until that time. Mrs. B1azi: "I make a motion that we accept this site plan." Mr. Finn seconded the motion. Motion Carried 5-0. Planning and Zoning Board Regular Meeting December 18, 1986 -2- o o OLD BUSINESS: MH-2 District: Amendment to Section 605.02 Mr. Sam Owens and Mr. Glenn Storch from the law firm of Owens and Storch and Mr. Martie Berge were present for this discussion, and represented the Radnor Corporation. Mr. Berge was called out of the meeting on an emergency call. Mr. Owens felt that the recommended seven thousand (7,000) square feet per lot was a bit excessive, and would make it impossible to proceed as planned. Mr. Owens also stated that if people can go to other jurisdictions where the square footage is less of a problem to contend with, they may do that. Mr. Owens felt that the staff recommendation was a wise one and asked the Board to consider the six thousand (6,000) square foot minimum lot size. Mr. Berge returned to the meeting. Mr. Mackie asked the size of the manufactured homes to be used on this project. Mr. Berge stated the sizes would run from thirty-six (36) feet long on up to sixty (60) feet long. The standard width will be twenty-six (26) feet. Mr. Berge also said that less than thirty percent (30%) of the lots would fall below the six thousand (6,000) square foot lot size at this point. Some of the Board members were upset to find that a preliminary site plan had been submitted by the Radnor Corporation and they had no knowledge of it. Mrs. Martinez explained that until the previous day the property had not been annexed into the city, so the Board would not have been able to discuss the preliminary site plan. Mrs. Martinez went on to say that now that the property is annexed into the city the preliminary site plans can go before the Board as a normal sub- division approval would take place. Mr. Berge informed the Board that the smallest sized manufactured home would have a total of nine hundred thirty-six (936) square feet of living space. Mrs. Blazi: "I would like to make a motion that we change it to the six thousand (6,000) square feet on the minimum lot size and that we change the living area to a minimum of nine hundred (900) square feet." Mr. Finn seconded the motion. Motion Carried 4-1, with Mr. Klein voting no, because he ,felt that there had been an agreement that the Radnor Corporation would go along with whatever limits the Board placed upon them. Mr. Owen's disagreed. Mr. Berge felt the agree- ment with the Board was to work together to come up with a workable ordinance. Mrs. Blazi: "I need to, obviously, make this formally correct, redo that motion that section 605.02 MH-2 Manufactured Home Subdivision District be amended as presented to us with the changes under (e) to lot area six thousand (6,000) square feet and minimum living area nine hundred (900) square feet. I would like to make a motion that we accept this as we talked about it at the workshop with these two (2) changes that we just approved. Mr. Finn seconded the motion. Mr. Klein stated he had asked the attorney to be present at today's meeting to give a legal interpretation of the statment of intent. Mr. Klein also wanted to know why there are two (2) choices as far as the performance bond. Mrs. Plaskett informed Mr. Klein that the same rules apply for manufactured home subdivisions and regular subdivisions. Motion Carried 4-1, with Mr. Klein voting no. His reasons were stated above. Planning and Zoning Board Regular Meeting December 18, 1986 -3- o o OLD BUSINESS: Continued APPROVAL OF MINUTES: The minutes were duly tabled until the next meeting. TREE PRESERVATION ORDINANCE/TREE REMOVAL FEES ORDINANCE: Mrs. Martinez was given permission to address the Board. She informed the Board that the Tree Preservation Ordinance is for site plan only, and does not apply to single family or duplexes. Mrs. Martinez also stated she had checked with the City Attorney and the ordinance clearly states site plan approval, and since there is no site plan approval for single family or duplexes they are exempt from the ordinance. Mr. Klein stated the Councilmen were under the impression that the ordinance was for the entire City of Edgewater and he was under the same impression. Mr. Klein stated he would like to see the current ordinance changed to include single family and duplexes. Mrs. Martinez stated that would be up to the Board to make the recommendation to Council. Mr. Klein stated that as far as he was concerned the new building put up by Charlie Cobb did not comply with the Tree Preservation Ordinance. Mr. Fischer stated that by following the strict letter of the law and not the intent it would make it impossible in heavily wooded lots to even work on the lot itself. Mr. Fischer felt the intent of the ordinance was to distinguish the trees that were there for saving and to be careful enough not to injure them during the time of construction. Mrs. Blazi asked Mr. Fischer if he would have a problem enforcing the ordinance if it included single family and duplexes. Mr. Fischer stated that he would because most of the time the lot is already cleared before his department has any knowledge that there will be a building permit pulled. The Tree Removal Fees Ordinance was also discussed. It also states site plan only. Mr. Klein felt the Board was mislead to believe the ordinance would cover the entire City of Edgewater, not just site plans. Mrs. Martinez stated the Board could amend the ordinance if they so desire. Mr. Klein stated that a recommendation was made at a previous meeting to send a letter to Council asking why the Tree Preservation Ordinance was not being enforced. Mr. Klein stated it was never sent to Council. Mrs. Martinez stated that it was part of her job to resolve these things before they have to go to Council. She stated that she was trying other routes to solve the problem before taking it to Council. Mr. Klein stated the place on the tape that says the recommendation was made to send a letter to the Council was missing from the tapes. Mrs. Mar- tinez stated she had thoroughly reviewed the incident in question and there was no such motion made and none of the recording of the meeting regarding this was missing. She invited Mr. Klein to her office to listen to the tapes. Mr. Fischer stated the enforcement would be very difficult, because of the amount of personnel available. There are a tremendous amount of people clearing lots and they have their own equipment to do it. Mrs. Blazi stated she felt it would be unreasonable to tell private property owners which trees they may take down and which trees must stay up. If a person owns a piece of property they should have the right to whether or not they want trees on their lot or not. It's an infringement on a person's rights. Mrs. Martinez stated she would discuss this with the City Attorney to see if it is in fact a civil or human rights violation. ~ Mrs. Plaskett informed the Board that if the wording is changed to include single family and duplexes, every person that wants to remove a tree from their property will have to come before the Board and get permission. Planning and Zoning Board Regular Meeting December 18, 1986 -4- o o OLD BUSINESS: Continued TREE PRESERVATION ORDINANCE/TREE REMOVAL FEES ORDINANCE Mr. Klein again stated that the Councilmen also thought the Tree Preservation Ordinance covered single family and duplexes. Mrs. Martinez stated she would individually speak to the Council- men and clear the matter up. Chairman Wheeler asked that the Board be notified of the outcome. Chairman Wheeler asked that Mrs. Martinez be present at the next meet"ing. Mrs. Martinez stated she would do her best to be present at the next meeting. Chairman Wheeler asked the Board to move on to the next item on the agenda. PROPOSED WORDING FOR ORDINANCE REGARDING OUTDOOR DISPLAY Mrs. Blazi asked why the section on storage was taken out of the proposed ordinance. Mrs. Plaskett stated it was because storage was never discussed. There was some discussion among the Board members as to the wording for exemptions in the proposed ordinance, and outdoor storage. Mr. Klein: "I'll make a motion that we accept this as is with the clarification that it is a exemption for dealerships for operative vehicles, mobile homes and boat dealerships and that include the outdoor storage of equipment or material that in the interest of safety are considered hazardous in nature, shall be encompassed with a fence of six (6) feet high not readily climbably by small children." Mrs. Blazi seconded the motion. Motion Carried 5-0. NEW BUSINESS: BY-LAWS: AMENDED Mrs. Blazi questioned there not being any mention as to when the Board meetings are to be held. The secretary explained that in the amended By-Laws, as directed by Council, it states that the Board shall meet at regular intervals. Mrs. Blazi asked if any of the members had given thought to moving the meetings to night- time, because it makes it very difficult to get new members when the Board meets only in he day time. Mr. Mackie wanted to know if there were any letters of interest for Board openings. Mrs. Martinez was not sure, but she would check at the end of the meeting if anyone was interested. Mrs. Blazi: presented." "I make a motion to accept the amended By-Laws as Mr. Finn seconded the motion. Motion Carried 5-0. REVISION OF SITE PLAN APPROVAL: SECTION 715.02 Mrs. Plaskett read the memo from the Planning Department. She informed the Board that the revision would include interior renovations, temp- orary structures, or structures that require no engineering or arch- itectural drawings, or that do not change the footprint of a building. These matters could be handled by the Planning and Building Departments. Mrs. Martinez added that all this would do is eliminate the added expense and time of the person by not coming before the Board, but they would still be required to have the proper documents to pull a permit from the Building Department, and they would still have to comply with the building codes. Mr. Mackie: "I make a motion we table it until we have a full Board." Mr. Klein seconded the motion. Motion Carried 5-0. Planning and Zoning Board Regular Meeting December 18, 1986 -5- o o NEW BUSINESS: Continued AMENDMENT TO SECTION 18-4 Mr. Pat DiLeva, Code Inspector, was present to discuss this item. Mr. DiLeva explained that the current ordinance is not effective enough, because at this time there is a boat without a boat trailer in violation of section 18-4 (over twenty-six feet), but because the ordinance does not specify boats seperately, nothing can be done about the violation. The current wording of section 18-4 states "Boat trailers and utility trailers; parking at owners home." Mrs. Blazi: I would like to make a motion that we approve of this recommendation of the Code Inspector to change section 18-4 to read specifically Boats and Boat Trailers and Utility Trailers of Any type." Mr. Klein seconded the motion. Motion Carried 5-0. ADJOURNMENT: There being no further business to come before the Board, Mrs. Blazi made a motion to adjourn. Mr. Finn seconded the motion. The meeting was adjourned at approximately 11:50 A.M. Minutes respectfully submitted by: Beverly Kinney Planning and Zoning Board Regular Meeting December 18, 1986 - 6-