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06-13-2001 .. ...., CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, June 13, 2001 6:30 p.m. Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., June 13, 2001 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Masso, Mr. Mullen, Mr. Vopelak, Mrs. Zeese, Mr. Hellsten and Chairman Garthwaite. Also present were Ken Hooper, City Manager; Lynne Plaskett, Planning Director; Bonnie Wenzel, Planning Secretary; and Pat Drosten, Board Coordinator. Chairman Garthwaite explained to the public that regarding Edgewater Lakes only the annexation of an additional 37 acres was being presented tonight. It will be discussed at the July 11,2001 meeting. APPROV At OF MINUTES Mr. Masso made a motion to approve the minutes of May 9,2001. Mr. Vopelak seconded. Motion PASSED 6-0. OW BUSINESS Ken Hooper, City Manager addressed questions the Board presented to him from the May 9,2001 meeting. Reasoning from City managers office and legal department as to why they discourage the Board members from meeting/speaking with potential developers. Mr. Hooper stated it is not prohibited, although it must be disclosed at the Public Hearing that a meeting took place, as well as the content of said meeting. Issues that are discussed in the private meeting must be discussed in the public forum. Chairman Garthwaite asked how could one make sure everything that was covered in a private meeting was discussed at the Public Hearing. Mr. Hooper explained that one could either not meet with the developer and bring up his/her questions at the Public Hearing or meet with him/her and keep a list of the questions asked and present them at the public hearing.. Chairman Garthwaite feels it is important for the Board members to know what the individual meetings were about. Planning & Zoning Board 06-13-01.doc 1 ... ...., Section 21-100.04 Conventional Variance Mr. Hooper explained that the five (5) criteria (findings of fact) are just a guideline. He continued saying that all criteria do not have to be voted on, they can be discussed and one (1) vote taken. The finding of fact can be placed in the motion. The Board has the authority to decide how they would like to administer the Land Development Code. The items are in the Code for you to be able to form an opinion and say whether or not you think this particular application meets all of the criteria. This can be done in one simple motion, which is the way the City Council does it. Mr. Hooper informed the Board if for any case they feel it is necessary to have legal representation let him know. Also, they are free to call the Legal Department or his office with any questions they may have. NEW BUSINESS AN-OI02 - Patty Johnson and David Heyburn, owners, requesting annexation of approximately two (2) acres of property known as Lots 17 and 18, Massey Ranch Airpark, Unit 1. Chairman Garthwaite read the Staff Report into the record. Chairman Garthwaite opened the Public Hearing. As there was no discussion the Public Hearing was closed. Mr. Masso made a motion to send a favorable recommendation to the City Council for the annexation. Seconded by Mr. Mullen. MOTION PASSED 6-0. AN-OI04- Dominick Caputo and John Dahl, contract purchasers, requesting annexation of approximately .34 acres located on the east side of Swordfish Lane. Chairman Garthwaite read the Staff report into the record. Chairman Garthwaite opened the Public Hearing. As there was no discussion the Public Hearing was closed. Mr. Masso made a motion to send a favorable recommendation to the City Council for the annexation. Seconded by Mr. Vopelak. MOTION PASSED 6-0. CU-OI04 Luis Geil, authorized agent, requesting conditional use to allow mini-warehouses and outdoor storage in the B-3 zoning district for property located at 2111-2119 S. Ridgewood Avenue. Chairman Garthwaite asked Ms. Plaskett to give the Board some background information regarding this case. Ms. Plaskett read the Staff Report into the Planning & Zoning Board 06-13-0 1. doc 2 .... ...., record. Ms. Drosten displayed pictures of the site as Ms. Plaskett described each of them. Ms. Plaskett stated the site has not been kept up and how the wall on the original site plan was not completed. Ms. Plaskett further explained that Staff felt the property should be brought into compliance before any new construction commenced. Mrs. Zeese asked why the wall was not six (6) feet tall, as the previous site plan showed. Ms. Plaskett stated that to the best of her knowledge it fell between the cracks during the transition of Building Officials and Engineers. Ms. Plaskett further explained that an As-Built Survey is required, this is a drawing provided after the construction is complete in order to compare the actual site to the approved site plan. Ms. Plaskett continued stating that the road in the back of Phase I is believed to be an easement for FPL, but is being used as a driveway. Staff recommends that all buildings be constructed at the same time (no new phasing). There was also a letter sent to the Planning Department from the owner of the property stating additional parking would be added, this was never done. Chairman Garthwaite felt the buildings presently on the property should come into compliance. Ms. Plaskett stated the Board has the authority to place conditions on the request. Mr. Hellsten asked Ms. Plaskett what leverage the City has to make sure development is in compliance. Ms. Plaskett stated that a Development Order (D.O) is issued by the Planning Department before a building permit is issued, any conditions placed by the Board will be noted on the D.O. Once construction is complete a Certificate of Occupancy will not be issued until all aspects are in compliance with the approved site plan, and the Boards conditions. Chairman Garthwaite opened the Public Hearing at this time. Mr. John Gregory, S. Riverside Drive, explained that his was the property behind this site. He noted that at the time of construction he was told there would be a six (6) foot high fence on the developer's side, although the contractor told him it would be on his side. His other concern is the conceptual plan shows a fire hydrant being located inside the wall of the property. Ms. Plaskett stated this would be addressed during the site plan approval process and that the fire hydrant is required to be located in the Right-of-Way. Mr. Roger Hammond, S. Riverside Drive, stated he did not have a problem with the construction of the mini-warehouses, he would just like the wall to be completed as it should have been. Ms. Norrine Peterson, Friendly Shores Mobile Home Park, stated the Homeowner's Association had no problem with the mini-warehouses being constructed. The only concern of the Association was the esthetics of the project. They ask that the Board consider placing a condition that the fence on Planning & Zoning Board 06-13-0 1. doc 3 '-' .... Riverside Drive be higher than six (6) feet. Ms. Peterson provided pictures to the Board of a mini-warehouse complex in Ormond Beach, as well as pictures of commercial property in Edgewater with chain link fences. She stated they would like a nice block wall to be constructed. They would also like the Board to consider the landscaping of the property, they feel the trees located right at the fence would be an invitation to vandalism. Ms. Plaskett stated the Land Development Codes limits fence height for commercial property to lO-feet, unless otherwise approved and the Land Development Code requires the entire site be fenced. Mr. John Gregory noted that in Orange County they require barb wire on top of fences for commercial property. Ms. Plaskett noted that the City of Edgewater does not require barb wire, although it is permitted. Mr. Gregory further stated he was told by the developer that the outdoor storage will not be taking place. Ms. Plaskett stated that Staff is also recommending that. Ms. Joan Nachazel, Friendly Shores Mobile Home Park, stated to the Board she would just like the property to look nice. Chairman Garthwaite closed the Public Hearing. Mrs. Zeese asked if they could require a fence higher than six (6) feet. Chairman Garthwaite stated it could be added to the motion. Ms. Plaskett read the decision criteria and Staff recommendations. Mr. Masso asked if there was a Development Agreement associated with this. Ms. Plaskett stated there was not. Mr. Masso further asked if there were sufficient rules and regulations to enforce compliance with their decisions and the site plan. Further discussion ensued regarding the height and type of fence to be required. Chairman Garthwaite canvassed the Board to determine if they felt all seven (7) of the criteria were met. All Board members agreed. Mr. Hellsten made a motion to approve the Conditional Use request for CU-OI04 provided As-Builts and revised St. Johns River Water Management District permits are provided, a minimum eight (8) foot high wall be completed and the outside perimeter be stuccoed, buildings comply with a larger turning radius for large trucks, all three (3) buildings are constructed (no phasing) and emergency access to Riverside Drive is provided, no outside storage to be permitted, additionally Phase I landscaping to be completed as originally approved. Mr. Masso seconded. MOTION PASSED 6-0. Planning & Zoning Board 06-13-01.doc 4 ...... .,." Chairman Garthwaite called a 10-minute recess at 7:45 p.m. Chairman Garthwaite called the meeting back to order at 7:55 p.m. Chairman Garthwaite reminded everyone that the only item regarding Edgewater Lakes being heard tonight was the annexation of an additional 37 acres. VA-OI03 - Joe Martin, authorized agent, requesting a variance from the requirements for the following: parking space size and overhang, number of parking spaces, rear lot line setback, and rear lot line buffer. Property is known as Coastal Tire, located at 1701 S. Ridgewood Avenue. Ms. Plaskett read the Staff report and recommendation. Chairman Garthwaite opened the Public Hearing. Mr. Vopelak asked if the proposal was to double the size of the building. Ms. Plaskett stated the current single story building is 2,415 square feet, and the proposed building would be 5,162 square feet per floor. Chairman Garthwaite asked if they were asking to cut down on the parking requirements. Ms. Plaskett stated that was correct. Ms. Plaskett stated the use of the proposed building would be office space with multiple tenancy. Mr. Joe Martin, East Volusia Engineering, I'm sitting here observing, and wanted to remind this committee that it is my understanding that when issues of a variance come before you they are quasi-judicial and I do not see the City attorney here tonight. Quasi-judicial means you should accept testimony from all parties based on fact not opinion and that it is based on the lawsuit between (unable to decipher) in Brevard County, I just wanted to point that out (unable to decipher). Chairman Garthwaite asked the Board members if they felt they needed an attorney. They did not at this time. Ms. Marcia Lichfield, Harden Place, stated to the Board she was concerned about the use of the property and if a wall would be constructed. Chairman Garthwaite stated a buffer would be required between commercial and residential uses. Ms. Lichfield stated there was currently a wood fence in place and it was falling down. Chairman Garthwaite suggested she bring that up to Code Enforcement and that it could be recommended by the Board that a concrete wall be placed at the site. Planning & Zoning Board 06-13-01.doc 5 ...... 'W Mr. Vopelak asked if residential property was permitted in the B-3 zone. Ms Plaskett stated that prior to the new Land Development Code going into affect, single family residences, as well as duplexes and multi-family were allowed in the B-3 district. The B-3 district has expanded the setback requirements from 20-feet from a residential zoned property to 50-feet. There have been substantial changes to the buffering requirements. The Planning and Zoning Board, City Council and Administration did not feel that single family residential was not conducive to a highway commercial district. Mr. David Moffatt, Harden Place, was concerned about the impact the improvements would have on traffic and feels it could be hazardous. He stated there were many families living on Harden Place and it is well traveled, adding more to this site would increase the traffic and he did not feel that was safe. He further stated that the tire company tests vehicles along Harden Place. Ms. Drosten showed pictures of the site, and Ms. Plaskett explained each photo. Chairman Garthwaite asked if one would back out of the space and exit through the Mobile Home Park. Ms. Plaskett stated that was correct, the park has a U- shaped driveway that exits onto U.S. Highway 1. The owner allows the park to use this easement. Mr. Vopelak asked about having additional parking at the front of the building. Mr. Martin explained that was not possible due to the lack of additional space remaining from the driveway. A lengthy discussion ensued regarding current and proposed parking and how it would affect the site. There was further discussion regarding the landscape buffer requirements. Mr. Hellsten suggested tabling this item until the Board could receive more information. Mr. Martin stated he would like a decision made at this time. Chairman Garthwaite asked Mr. Martin if he wanted to take this to the City Council. Mr. Martin replied yes. Chairman Garthwaite closed the public hearing. Mr. Hellsten made a motion to deny the request as it did not meet the criteria as noted by Staff. Mr. Vopelak seconded. MOTION PASSED 6-0. AN-OI03- Sam Merrill, authorized agent, requesting annexation of approximately 37.71 acres located on the west side of U.S. Highway 1 approximately 2,600 feet south of Omni Circle. Ms. Plaskett read the staff report and background. Chairman Garthwaite opened the public hearing. Planning & Zoning Board 06-1 3-0 I. doc 6 ,... ., Mike Thompson, Volco Road, stated to the Board that he felt the community would not be good for the City. He felt decent jobs and drinking water were needed more and the City was running out of room for development. Chairman Garthwaite closed the public hearing. Mr. Hellsten made a motion to send a favorable recommendation to City Council for annexation of this property. Mr. Masso seconded. MOTION PASSED 6-0. DISCUSSION ITEMS 1. Planning Director's Report None at this time. 2. Chairman's Report a. Fill Board Vacancy. Chairman Garthwaite asked the Board if they would like to go over the applications or request more. Discussion ensued regarding the applicants and the process of finding new applicants. Mr. Masso made a motion to recommend joy Rindley to Council for the remainder of Mr. Youkon's term. Mr. Mullen seconded. MOTION PASSED 6-0. The Board also noted to Ms. Plaskett that they would like water, or coffee for the meetings. AD TOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:20 p.m. Minutes respectfully submitted by: Bonnie A. Wenzel Planning & Zoning Board 06-13-0 1. doc 7