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09-09-1981 ~ .' . <J Q CITY OF EDGEWATER ZONING AND PLANNING BOARD REGULAR MEETING September 9, 1981 CALL TO ORDER Chairman Earl Wallace called the regular meeting of the Zoning and Planning Board of the City of Edgewater, Florida to order at 7:00 P.M. in the Community Center. ROLL CALL / ",/ v ~,./ ..- Pres~nt: ~~mbers Wa}lace, Kroman, McKillop, Wheeler, Jroian, Bennington, Winter, Hetu and Nolan.. Also present: City Attorney Clay Henderson and " Patti McCann, Planning Assistant. \/' APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the regular meeting of August 19, 1981, which was seconded by Mr. Winter. Upon roll call the motion CARRIED 6-2. Mr. Troian and Mr. Hetu voted NO since they were not present at that meeting, and Mr. Nolan was not present during roll call of the motion. SITE PLAN REVIEW Public Hearing/Preliminary SP-88 R. A. Coleman "Shangri-La Village Subdivision" Chairman Wallace declared there had been proper due public notice and opened the public hearing. There were no comments or questions from the audience. Mr. Wallace closed the public hearing. Mr. R. A. Coleman and Mr. Pete Zahn were present at the meeting to discuss the proposed 21 acre, 112 unit multi-family subdivision known as "Shangri-La Village" to be located on U.S. 1 near Turgot. The Board discussed the width and access of the road location and the Department Head comments concerning the project. The 5% recreation and retention areas were reviewed regarding the additional access request. Mr. Coleman stated as many trees as possible would be left in the project. Mr. Kroman made a motion to approve the preliminary plans dated August 18, 1981 (Rev. #1), pending receipt of comments regarding the extension of water and sanitary sewer and access to the West through an easement. Mr. Wheeler seconded the motion. Upon roll call the motion CARRIED 9-0. It was understood the comments would be forthcoming from Mr. Matthew Partyka of Briley, Wild and Associates before the certificate of preliminary plat approval would be issued. o (.) Sketch Plan - SP-92 Luis C. Geil Mr. Geil was present at the meeting to discuss the 52 unit multi-family project to be located at 2124 S. Ridgewood in the B-5 zoning district. The City Attorney stated the zoning ordinance has not been amended at this time to allow a multi-family development in the B-5 zoning district, therefore action on the project would be premature. Mr. Wheeler made a motion totable the project, however after further discussion the Board proceeded with the review of the plans and stated any motion could be contingent upon the zoning ordinance amendment by the Council, therefore Mr. Wheeler withdrew his motion. Mr. Geil stated the project would fall under a "pseudo" condominium classification concept with a homeowner association. The Board questioned Mr. Geil to clarify a "pseudo" condominium, in which he stated the owner owns only what is inside the unit; whereas a regular condominium the owner owns the unit and the land beneath, with the common ground owned by the association. Mr. Geil referred to the "Persimmon Place" project as a similar pseudo concept, with a division of land designation between the units. Mr. Kroman made a motion to approve the sketch plans as submitted, subject to the amendment of the zoning ordinance and be included in the tentative report to the Council. Mr. Bennington seconded the motion. Upon roll call the motion CARRIED 9-0. Sketch Plan SP-93 R. A. Weaver Mr. Weaver was present to discuss the commercial building to be located at 333 W. Marion Ave. in the I-2 zoning district. The Board reviewed the site plan requirements and discussed the existing septic tanks and parking. Mr. Nolan stated the building did comply with the Comprehensive Plan. Mr. Nolan made a motion to approve the sketch plans and preliminary plans (dated 8/28/81) pending receipt of a sealed set of plans, storm water computations, clarification of legal description and Department Head approval. Mr. Kroman seconded the motion. 'Upon roll call the motion CARRIED 8-1. Mr. Wallace voted NO. The Chairman called a brief recess of the meeting. Sketch Plan - SP-94 George E. Reed, Jr. Mr. Reed was present to discuss the proposed produce stand to be located at 809 Indian River Blvd. in the B-2 zoning district. There was a lengthy discussion regarding the structure itself being moveable and not permanent. It was clarified the point in question was whether or not this type of operational business would be detrimental to the adjoining residents and if it could be construed as being a customary accessory use. Mr. Nolan stated the plans did comply with the Comprehensive Plan. After much debate Mr. Kroman made a motion that upon finding this is not a permitted use or accessory use consistent with the B-2 zoning district intent the sketch plans be denied. Mr. Hetu seconded the motion. Upon roll call the motion CARRIED 7-2. Mr. Nolan and Mr. Wallace voted NO. Zoning and Planning Board Meeting 9/9/81 -2- Sketch Plan - SP-95 Pi~h Construction Co. o Mr. Pilch, Jr. was present at the meeting to discuss the proposed addition of a music room to a family residence. Mr. Pilch questioned the Board as to why he was referred to the Board for this since the addition is to be used for the owners own use. The City Attorney clarified the plan was referred to him by the Building Official and it was determined since this is construction of a building in the B-3 zone it must come before the Board for review. Mr. Henderson read Section 715.02 for the record, and stated the plans did indicate a reception room and office. Mr. pilch reported this family is a musical family and in the business of the performing arts and needed a private place to practice and the addition would not be used for commercial use for recording purposes. Mr. Nolan made a motion to have the owner present at a meeting to discuss the proposed use of the building, which was seconded by Mr. Kroman. Mr. Pilch stated it was highly impossible for the owner to be present at a meeting because of the extensive traveling the family does in their business. Mr. Winter made a motion to send a letter to the Conti family to ask for clarification of the use of the building addition. Mr. Troian seconded the motion. Upon roll call the motion CARRIED 9-0. (The Board felt a roll call on the motion made by Mr. Nolan was not necessary.) There was further discussion concerning the fact the plans would comply both for commercial or residential in the B-3 zoning district, only the requirements for the site plans being submitted would be different. Mr. pilch requested the Board consider a building permit be issued upon receipt of the letter with the intent of the building use. Mr. Troian made a motion that the plans be approved as a residential addition, contingent upon verification of this fact from the Conti Family being submitted to the Legal Department. Mr. Wheeler seconded the motion. Upon roll call the motion CARRIED 9-0. OLD BUSINESS Mr. Wallace reviewed the items discussed at the workshop meeting of August 26th and those submitted by the Building Official concerning amendments to the present zoning ordinance. He stated a public hearing had been scheduled for September 23rd. Those items discussed were as follows: R-4 Lot and Yard Requirements Mr. Kroman made a motion to have Mr,'., Hal'lace prepare a visual display for land usage and setback requirements in the R-4 area, however the motion DIED for lack of a second. Mr. Wallace stated he would supply the display. Mr. James Carder from the audience spoke on behalf of the total number of units permitted by the total square footage of the property. The Board further discussed the minimum project site requirement and yard requirements. Mr. Bennington made a motion that we change the minimum lot requirements in the R-4 zoning district by deleting the 20,000 sq. ft. minimum project site requirement and specifying the following yard requirements of minimum lot width 15 ft.; front yard 40 ft.; rear yard 20 ft.; buffer area 5 ft.; interior side yard 10 ft.; and side corner lot 25 ft. as pertaining to Sec. 603.01, multi-family district. Mr. Winter seconded the motion. Upon roll call the motion CARRIED 7-2. Mr. Kroman and Mr. Troian voted NO.' Zoning and Planning Board Meeting 9/9/81 -3- ~ o o B-2, B-3 and B-4 Yard and-Setback Requirements Mr. Bennington made a motion to specify the following yard and setback requirements (as specified at the August 26th workshop): minimum 40 ft. front yard, the first 10 ft. not be used for off-street parking, but shall be for grass or landscaping, entrance, ingress and egress; and the interior side yard should be 10 ft.; and corner lot 25 ft. with a rear yard of 20 ft. Mr. Winter seconded the motion. Upon roll call the motion CARRIED 8-1. Mr. Kroman voted NO. Subdivisions Condominiums were discussed at length and the fact certain requirements were being evaded by developers by these structures not being included under subdivision regulations. Minor subdivision requirements were also discussed. Mr. Bennington made a motion to make the following changes: Appendix A Section 603.01 (a) pg. 1556 under R-4 add condominiums as a permitted use; (d) (1) pg. 1556.1 add condominiums to dimensional requirements; Section 603.02 (e) (3) pg. 1559 add condominiums to dimensional requirements; Appendix B Article VI Definition of Terms pg. 1709 and 1710 include "or structured units" under Subdivider and Subdivision terms. The motion was seconded by Mr. Winter. Upon roll call the motion CARRIED 9-0. The Board further discussed the site plans already in-house and that have received approval before the "preliminary" phase. The City Attorney clarified these could be included. There was further discussion regarding the recreation area and the 5% requirement for setting aside property for this purpose. Mr. McKillop made a motion to amend Appendix B, Article IX Design Standards (B) (11) pg. 1733 to establish a recreational trust fund from five percent (5%) of the land value. Mr. Bennington seconded the motion. Upon roll call the motion CARRIED 9-0. The consensus of the Board was that time is of the essence and the City Attorney should proceed to prepare the documents for these requests to accompany the recommendations to be submitted to the Council for their next meeting. NEW BUSINESS Page 4-3 of the Comprehensive Plan was reviewed and discussed. The City Attorney reported to the Board the fact he is researching a problem with the previously zoned RR-PUD property and the Board would be addressing this issue in the near future. ADJOURN Mr. Wheeler made a motion to adjourn the meeting, which was seconded by Mr. Kroman. The meeting was adjourned. Minutes submitted by: Patsy L. McCann Secretary Zoning and Planning Board Meeting 9/9/81 -4-