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04-29-1998 ...... ..., CITY OF EDGEWATER planning and Zoning Board Regular Meeting Wednesday, April 29, 1998 6:30 p.m. Chairman Masso called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., April 29, 1998 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. " ROLL CALL Members present were Mr. Zeese, Mr. Ogram, Mr. Garthwaite, Ms. Agrusa, Mr. Ridner, Mr. Hildenbrand and Chairman Masso. Also in attendance were Lynne plaskett, Planning and Development Manager, Nikki Clayton, City Attorney and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUTES A motion was made by Mr. Garthwaite to approve the minutes of March 25, 1998 and seconded by Mr. Hildenbrand. Motion CARRIED 7-0. OLD BUSINESS public Hearing _ Continued horn 3-25-98- V A-0198 - Attorney Mark R. Hall. authorized agent for Tohn H. Buchanan. et al requested a variance from the dimensional requirements of Section 602.02(d) of the Edgewater Zoning Ordinance. Chairman Masso opened the public hearing and asked Ms. plaskett for staff comments. Ms. plaskett said at the last meeting discussion was had on the non-conforming lot status, the separation status and the variance request for the setbacks. she said the recommendation remains the same; if found that the information provided can support the authority to legally subdivide said property, staff would recommend a variance to the front setback of 40 feet to 25 feet and rear setback of 30 feet to 15 feet to be consistent with the adjacent existing residence. Ms. plaskett said the Board and the public, at the March meeting, expressed concern with stormwater planning and Zoning Board Regular Meeting April 29, 1998 1 lilW' ..."" management. The City Engineer looked at the subject property and an engineering firm was retained by the applicant to design stormwater retention on the site. Ms. plaskett said based on the review of the stormwater, staff recommends that two conditions be placed on the request; 1-) the property is to meet the stormwater requirements as shown on the plan provided by Marshall, Provost & Associates; 2-) that the proposed site layout be recorded. Chairman Masso asked the applicant for his comments. Attorney Mark Hall. 415 Canal Street, introduced himself and said he has a presentation prepared by the engineers. At this time Chairman Masso announced this is a continuation of the public hearing of March 25, 1998 LDRA meeting. Chairman Masso then asked the applicant to continue his presentation. Mr. Hall said he has brought back additional recommendations regarding flooding and drainage concerns. Mr. Hall stated he and the applicant met with the affected neighbors on the site, and said an engineer has been retained to draft a site plan. The plan has been reviewed and approved by the City Engineer. Mr. Hall presented the plan to the Board and asked for approval of the variance as recommended by staff and also approve the lot split into two lots. Mr. Hall said the applicant has no problem with the two conditions suggested by Ms. plaskett. Steve Provost of Marshall. Provost & Associates. introduced himself and explained the plan developed. He said the plan was done for the drainage analysis to assume a maximum amount of impervious area upon which to base the drainage analysis. A stormwater analysis was done and an evaluation of the impact of a storm on the site, which is a requirement of the City as well as the St. Johns River Water Management District. Mr. Provost said this storm was analyzed, realizing that any water in excess of what runs off the site today must be retained on site after development. Mr. Provost showed the location of the swale which extends around the residence with an ultimate discharge point off the site onto the street, which is consistent with the City's ordinances. He said no water will discharge to adjacent properties. Mr. Provost also explained the elevations of the swale, saying the bottom of the swale would be approximately elevation four, that is about the same elevation as the surrounding area. Ms. Agrusa asked Mr. Provost if the area on the plan shown as the house, is the final shape of the house? Mr. Provost stated the house may differ in shape, but will be located within the area shown on the plan. Ms. Agrusa also asked the drainage situation on Parkwood Avenue during a Planning and Zoning Board Regular Meeting April 29, 1998 2 'W ...", rain? Mr. Provost replied the standard that governs this has to be met as no more water can run- off the site after the development is in place than previously. Ms. Agrusa asked the depth of the swale and what precautions are there for a child that may wander into the swale? Mr. Provost said the depressional area bottom is at elevation four and the property is at an elevation six, because of todays regulations the main house is elevation nine. The depth would be approximately three foot deep adjacent to the house. Mr. Provost said the actual depth of the water wouldn't be three feet, the maximum water depth would be 1.3 feet. Mr. Zeese asked if there would be any flow into adjacent properties. Mr. Provost replied no. Mr. Zeese also asked the square footage of the house to the east of the subject property. Mr. Provost said it is a two-story, 2,643 square foot house. There being no further questions from the Board, Chairnlan Masso asked the public for their comments. Neal Huebsch. 205 E. Parkwood Avenue - Mr. Huebsch said he has no objection to the request to the setbacks or dividing it into two lots as long as no other changes occur. lay McKay. 1717 S. Riverside Drive - Mr. McKay explained his property is southwest of the subject properly and said his property is under water when it rains. He said water comes through the existing wall and doesn't see how building an impervious area with a swale will prevent flooding. Mr. McKay said the area doesn't perk water well. He made reference to the 5-bay garage on his properly that was built with a retention area behind it. This retention area becomes a "pond" and stays a "pond" for a couple of weeks. Mr. McKay also said the area does not perk water very well. However, he said he has no problem with subdividing the property, just with building a house. Peter Hellsten. 1717-B S. Riverside Drive - Mr. Hellsten said he reviewed the engineering calculations and questioned the proposed slopes being six to one. He said he doesn't see in the calculations provided any correction for the slope at post development. Mr. Hellsten also said he agrees with the engineer that the percolation characteristics were good, up to a point. He said the subject property is filled land that is why it perks well. However, the property he has was at one time a swamp and illegally filled. Mr. Hellsten said any time there is a "good" rain there is standing water for a week to ten days as the water does not perk. He asked whether this was in the area of Class II OFW or Class III waters. Mr. Hellsten concluded saying he feels building on the subject property will add to the existing water problems. Planning and Zoning Board Regular Meeting April 29, 1998 3 ~. ...., Jane Tones. 1719 S. Riverside Drive - Ms. Jones concurred with Mr. Hellsten's comments regarding the water problems. Mr. Garthwaite asked the applicant's engineer if he could comment on the questions proposed. Mr. Provost responded to Mr. Hellsten's inquiries. He explained the slope, rather than directed toward Mr. Hellsten's property or the properties on each side, is sloped into a swale with a slight berm so as not to flow off site into the adjacent property. Mr. Provost said the flood plan is below the 100 year flood plane area so this is a very nominal. The fill will only be one foot. He said this area is class three and not OFW. Mr. Provost finished, responding to the percolation characteristics, he said, their observations of the water table appear to have good percolation characteristics. The adjacent areas will not be degraded by the request. Mr. Hall said it is understood there is a water problem in this neighborhood, but it is not his client's responsibility to fix them. He said the design shows flow is away from lots to the south at post development. Their plan meets City code. Mr. Hall said he is requesting approval of the request as submitted. Barbara Collins. 1715 S. Riverside Drive - Ms. Collins said her property is west of the subject property and stated Parkwood Drive floods at the present time as well as S. Riverside Drive. She also expressed concern with children's safety regarding the swale-. Chairman Masso closed the public hearing and asked if the Board had additional questions or comments. Mr. Garthwaite asked who is responsible if flooding exists after construction. City Attorney, Nikki Clayton responded that compliance lies with the owner of the property. Ms. Agrusa moved to deny the request based on some of the standards for granting a variance (Section 1011.02-A-F) not being met. She stated, criteria A-) that piece of land is an old non- conforming lot as are many along Riverside Drive, consequently it is not unique compared to the other lots, and this lot already contains a single-family residence. According to City zoning it is already being used for what it is zoned for. Also, there is nothing different or unusual, she said she doesn't believe there are any other homes on Riverside Drive that have their own swale; B-) this is already a single-family residence that is non-conforming, but it is not something that is a hardship being imposed on the applicant......it is already existing; C-) applying for a variance creates another non-conforming lot which is the action of the owner, D-) after hearing from the neighbors she said she is not totally convinced that the request won't be a detriment to their property; F-) Riverside Drive is mainly single-family residential, Ms. Agrusa made reference to another variance that was denied even though the property could meet all the setback Planning and Zoning Board Regular Meeting April 29, 1998 4 'W' """ requirements for the construction of a house, this request was to create an even smaller non- conforming lot. Ms. Agrusa concluded saying based on those criteria she moves to deny the right to the variance. Seconded by Mr. Zeese. Chairman Masso asked, for the record, whether any members of the Board (as he neglected to earlier) had visited or spoken to anyone regarding this request. Mr. Zeese, Chairman Masso, Mr. Garthwaite and Mr. Ridner stated they had visited the property. Chairman Masso then asked for a vote. The motion CARRIED 4-3 TO DENY the variance request. Mr. Garthwaite, Mr. Hildenbrand and Mr. Ridner voted to approve. Chairman Masso informed the applicant that his request for a variance was denied. However, he was told he may appeal this action to the City Council within 30 days. Chairman Masso called for a recess at 7:30 p.m. and resun1ed the meeting at 7:42 p.m. Public Hearing - Continued from 3- 25-98 meeting - TA-9801 - Charles Becker requested a Text Amendment to Section 606.02(b) of the Edgewater Zoning Ordinance to allow Auto Paint and Body shops as a Permitted Use in the B-3, Highway Service Business district. Chairman Masso inquired of the Board whether anyone had visited the area or spoken to anyone. Mr. Ogram, Mr. Zeese, Mr. Ridner stated they had visited the property, but had not spoken with anyone regarding the request. Chairman Masso opened the public hearing and asked for staff's comments. Ms. plaskett said as a follow-up to last months meeting additional research was done. She said after inquiring with other municipalities with frontage on U.S. Highway #1 it was determined that auto paint and body work is permitted in industrially zoned areas or only in conjunction with automotive dealerships. She explained the difference between dealerships and car lots. Ms. plaskett said the intensity of this use, as it relates to the Comprehensive plan's Future Land Use Map designations, has also been reviewed. She said it appears that the majority of the highway commercial corridor area abuts low-medium density residential. Ms. plaskett concluded, saying, that industrial type uses may negatively impact an adjacent residential area, and staff does not support the request at this time. Ms. plaskett also said, for the record, she would like to report a phone call received. A man called that had spoken with his neighbors and said they were opposed to the request because of possible fume smells in a residential area. The Chairman then asked the applicant for his comments. Planning and Zoning Board Regular Meeting April 29, 1998 5 ..... ..." charles Becker. 220 Raken Drive - Mr. Becker said the paint and body "label" was pretty strong. I t is not his intent to open a paint and body shop. He just wants to provide painting of auto parts as an accessory to the auto repair category. Mr. Becker brought information pertaining to the spray booth that he would like to have installed in his building. He said the spray booth would meet all requirements. Mr. Becker said he would just like a "full auto repair business". Mr. McKever. 1524 Monroe Drive - Mr. McKever said he doesn't want his residential neighborhood affected by possible pollution by allowing this request. Mr. William Armstrong - Mr. Armstrong stated he doesn't want the text amendment as he can hear everything going on in the body shop now. Chairman Masso inquired of Ms. plaskett whether this request would affect all of the B-3 zoning district. Ms. plaskett replied yes, it is not site specific. As there were no additional comments from the public, Chairman Masso closed the public hearing and asked for Board discussion. Mr. Garthwaite stated he feels allowing this request would be unfair to the neighbors. Mr. Zeese asked Mr. Becker to explain what is being conducted on the site at this time. Mr. Becker said only auto repair is being done and his intent is to put a spray booth in one of the existing bays. Mr. Zeese asked Ms. plaskett if the request could be worded to include only Mr. Becker's site. Ms. plaskett replied no, as this would be like spot zoning. The Board having no further questions Chairman Masso asked for a motion. Mr. Garthwaite moved to recommend denial of the text amendment to the City Council, seconded by Mr. Hildenbrand. Motion CARRIED 6-1 TO DENY the text amendment. Mr. Zeese voted to approve. NEW BUSINESS SD-9601 - Blanken's Landing. John Blanken requested final plat Approval for a five lot subdivision. Planning and Zoning Board Regular Meeting April 29, 1998 6 ... ~ Chairman Masso asked Ms. plaskett for staff's recommendation. Mr. plaskett said Mr. Blanken, owner of Sunrise Homes, Inc., is requesting final plat approval for a five lot subdivision, known as Blanken's Landing. She said all required infrastructure improvements have been installed and a development order was issued in January of 1997; and building permits were issued for two model homes in accordance with Section 501.03 of the Land Development Regulations. Ms. plaskett explained the homes can not receive a certificate of occupancy until the final plat has been approved. She said staff recommends approval to City Council of the final plat. Ms. plaskett said the recommended approval reflects the City Engineer's approval providing the applicant accomplishes the City Engineer's requirement of an additional 1 0 foot drainage easement on the westerly and southerly line of Lot 1 be added to the plat. Chairman Masso noted that the applicant was not available and moved on to the Board's discussion items. Mr. Garthwaite questioned the front footage measurements of which Ms. plaskett explained how front setbacks are determined on a cul de sac. Mr. Garthwaite also asked if the Fire/Rescue Department had approved the plan. Ms. plaskett replied, yes. There being no subsequent discussion the Chairman asked for a motion. Mr. Garthwaite moved to recommend to City Council approval of the final plat to include the City Engineer's comments. Seconded by Ms. Agrusa. The motion CARRIED 7-0. DISCUSSION ITEMS A. Community Director's Report Ms. plaskett had no report at this time. B. Chairman's Report Chairman Masso had no report at this time. C. Agency Member's Report Mr. Garthwaite questioned the front location of the Eckerd Drug Store project. Ms. plaskett said she believed it to be on Indian River Boulevard. Ms. plaskett Planning and Zoning Board Regular Meeting April 29, 1998 7 ..... ...., to also explained the plan for the drainage canal. Ms. Agrusa announced with regret that she will be resigning from the Board, effective following this meeting. Ms. Agrusa then read her letter of resignation. Chairman Masso said Ms. Agrusa had been a real asset to the Board, and speaking for the Board, he said her help has been greatly appreciated and they are sorry to see her go and wished her the best. ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 8:30 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Planning and Zoning Board :smp c: \LDRA \minutes \5/28/97 Planning and Zoning Board Regular Meeting April 29, 1998 8