Jack Wiles/Atlantic Marine specifics December 29, 2013 8:47 PM
From: “Mike Gardner” <email@example.com>
To: “Bob Ford” <firstname.lastname@example.org>
Cc: “Greg Kisela” <email@example.com> “Wayne Clark” <firstname.lastname@example.org> “Tim Burman” <email@example.com> “Allen Green” <AllenG@port-orange.org>
to: Councilman Ford,
We reside at, and own, the property at 618 Ruth St in District 1 of Port Orange. Our property and that of others in our neighborhood abuts several parcels of land being called the Atlantic Marine PCD with Jack Wiles as principal in the development. As our elected representative to the City Council we are requesting that you ensure we receive answers to some specific questions and that you take a few minutes to review those answers with neighborhood residents.
1. The City appears to be pretty well informed about the Wiles project since talks regarding a recently approved City Cost Participation Agreement for underground utilities have been going on for some time.
- How did the City arrive at that agreement?
- Have any pre-development meetings been held? If so, on what dates? Who was in attendance? What was discussed?
- Has the Atlantic Marine project been reviewed by the Planning Commission? If so, what was the result?
- Have any construction plans been submitted? If so, have those plans been reviewed and approved?
- Has a site plan been approved for this project. If so, please provide a copy.
- If no plans have been approved, where does the project stand in terms of submissions and approvals.
- Have any other meetings between the City and developer taken place? If so, on what dates? Who was in attendance? What was discussed?
2. Jack Wiles had a survey of the PCD prepared by Kuhar Surveying and Mapping (dated 04/19/2013) that shows an area of Lot 3–Block 0 as “WOODED.” This area was in fact so heavily wooded that it was almost impossible to walk through. It is now scraped clean to the ground. With respect to Lot 3–Block 0:
- What activity does the City understand was undertaken by Wiles starting in August 2013?
- Was a clearing permit required in connection with that activity?
- When are clearing permits required?
- Was a silt fence required in connection with that activity?
- When are silt fences required?
- Were any permits issued or inspections made in connection with the activity undertaken by Wiles in August 2013?
3. On 9/24/13 the City received a hand-drawn sketch and Application for Tree Removal Permit–Commercial that reference a 9/23 site visit by staff and contains several hand-written notations. The Application for Permit contains the boxed notation:
This application must be accompanied by a sketch or survey showing all trees to be removed. This
information will be compared to the approved Site Plan and other City records to determine if the
proposed removal can be permitted, and what replacement, if any, is required by City Code. On
older properties where records are not complete, additional information may be required.
- Did the City receive a sketch or survey showing all trees to be removed. If so, please provide a copy.
- Was this sketch or survey compared to the approved Site Plan?
- What other City records was this sketch or survey compared to?
- Was any additional information required for this application?
- What is the authority for the notation contained on the sketch submitted “No removal of trees approved within the rear 50′ of the property?” (The area adjoining the properties on Ruth St.)
- Should that notation have also applied to the side boundary adjoining the properties on Powers Av?
- Was the purpose of that notation to provide a 50′ buffer between the Wiles PCD and adjoining residential properties? If yes, what was the authority to remove the natural vegetation in that area?
- What was the purpose of that 50′ notation?
4. On 10/10/13 the City subsequently issued a *******CONSTRUCTION PERMIT******* for Tree Removal (Commercial).
- Why did it take 18 days to issue the Tree Removal Permit?
- Did the Wiles application go through a review process?
- What did the review process consist of?
- Were any staff review comments generated in the course of that review process? If yes, please provide a copy.
5. The first 7 or 8 feet of the Atlantic Marine PCD property east of the properties on Ruth St contains a very old drainage swale that has periodically been maintained by Volusia County.
- What is the status of this swale in terms of the Site Plan for this project?
- Will it remain operational for its entire length and not be blocked or filled?
- What assurances do we have that the Wiles project will be engineered such that it will not introduce any additional water into this drainage swale?
6. Finally, does the approved Site Plan for the Wiles project prohibit exiting the PCD property on Lemon St for purposes of looping around on Powers Av to exit westbound on Dunlawton via either Powers Av or Ruth St?
Mike and Dianne Gardner
618 Ruth St
Port Orange FL 32127
I’m told that you are the Councilman for the area that I live in, Powers Ave., off Dunlawton. If this is incorrect please let me know. I have written to and copied to you on several occasions but have never heard back from you.
I would like to ask you some questions and if you are unable to answer or are not the right person to be writing to, would you please forward them to whomever should be answering them for me.
Our property backs up to the land that has been purchased by Atlantic Marine. Along with a property line dispute that is ongoing, I would like to know the following:
1. Has the Wiles project been reviewed by the Planning Committee and if so when was that done and are there any records or minutes of that meeting, if so we would like to request copies of them.
2. I understand that the City has approved underground utilities to be done at a 50/50 cost to the city and Jack Wiles. Shouldn’t this be done AFTER the zoning change is approved and the Planning Committee approves of everything?
3. There has been a great deal of tree removal and underbrush removed from the subject property, when was the removal approved, by whom, and did they specify what trees were to be removed and what was to be saved. I would like to have copies of all paperwork involved in the tree removal and clearing of this property. In said approval, it supposedly stated that no removal of trees was to be within 50′ of the rear of the Ruth Street properties, why wasn’t this done and why weren’t the properties on Powers Avenue included in this provision?
4. This property and the surrounding area is zoned Neighborhood Preservation. Why would this be changed? Some of the buildings in this area are, I’m told, historical buildings, an original Port Orange Elementary School and the Railroad Station that had been moved from Herebert Street. There is no reason to change the zoning to comply for a business that has no business being in this area. The location is going to affect other existing businesses and the residential areas in general.
5. What provisions are being made to assure the surrounding properties that we will not be subject to flooding from this property change? If they do any more filling and leveling it will put many of our properties lower than his and we are afraid we will have problems resulting from it.
6. Finally, what assurances do we have that the customers of Atlantic Marine that want to go West on Dunlawton are not going to leave by going down Powers and/or Ruth Street to exit on Dunlawton. Also, what provisions are made for the many trucks and semi’s that deliver to the other established businesses on Lemon Street. They are going to be forced to us Powers and Ruth Streets.
In closing, I would strongly suggest that the City of Port Orange reconsider this operation. There are many more suitable locations for boat sales and storage.
I sincerely hope that I receive a reply from someone regarding these matters. We have had no communication with the city with the exception of Tim Burman.
Thank you for your attention to this matter.
Fred & Kela Lindsay
509 Powers Ave