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12-16-1981 ,.~: (J Q .. . ;I, CITY OF EDGEWATER ZONING AND PLANNING BOARD REGULAR MEETING December 16, 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 7:00PM in the Community Center. ROLL CALL Present: Mr. Wallace, Mr. Nolan, Mr. Bennington, Mr. McKillop, Mr. Troian, Mr. Hetu, Mr. Winter, Mr. Wheeler. Mr. Kroman arrived late. Also present: City Attorney Clay Henderson, Planning Assistant Patti McCann, City Manager Joe Mitchell. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the December 9th special meeting, which was seconded by Mr. Hetu. Upon roll call, the motion CARRIED 7-1. Mr. Nolan voted NO and Mr. Kroman had not arrived. SITE PLAN REVIEW Final - SP-84 - Bill Rossiter Mr. Mark Dowst and Mr. Pete Zahn were present at the meeting to represent the project and review the seven conditions specified under preliminary approval. There was further discussion of the capacity of lift station #4 which the City Engineer had questioned. Mr. Zahn felt Mr. Matthew Partyka had used higher than average estimates and the project would not make an overload condition. Mr. Mitchell stated this would have to be clarified, as well as the paving of Canal Road, and the parking space variance by the Board of Adjustments. Mr. Nolan made a motion to grant approval of the project based on the stipulation that the requirements of the Engineering data are met; the question of paving Canal Road is resolved with the City; we receive Legal approval on the restrictive covenants and condominium documents; and the parking issue is resolved by the Board of Adjustments. Mr. Winter questioned the open space/recreation issue specified in the Comprehensive Plan. The City Attorney stated this provision only applied to Subdivisions at this time. Mr. Mitchell stated the Council has deferred any action on this issue to anything but Subdivisions. Upon roll call the motion CARRIED 5-4. Mr. Kroman, Mr. Troian, Mr. Hetu and Mr. McKillop voted NO. o Q Preliminary - SP-IOl Don Testa Townhouse Development Chairman Wallace relinquished the Chair to Vice Chairman Nolan to present the project at 105 Thomas Street to the Board and to file a conflict of interest. Mr. Wallace explained this multi-family use in the B-3 zone would require a special exception from the Board of Adjustments. Mr. Nolan stated the project did comply with the Comprehensive Plan. Mr. Wallace requested the Board's consideration of granting preliminary and final approval at this time since all requirements had been met. Mr. Winter made a motion to give preliminary and final site plan approval with the stipulation that the developer dedicate a portion of the open space for the recreational requirement. Mr. Troian seconded the motion. Upon roll call the motion DID NOT CARRY 4-4. Mr. Kroman made a motion to grant preliminary approval of the site plan, which was seconded by Mr. McKillop. Mr. Winter made an amendment to the motion to add as a special condition to dedicate a portion of the open space for recreation purposes, with the possibility of an arrange- ment with the developer for some "stop gap" or recreation provision be discussed in the future, which was seconded by Mr. McKillop. Upon roll call of the amendment the motion CARRIED 5-3. Mr. Kroman, Mr. Bennington and Mr. Hetu voted NO. Upon roll call of the original motion to grant preliminary approval, the motion CARRIED 7-1, with Mr. Winter voting NO. The City Attorney stated this should be conditional upon Legal approval of the restrictive covenants and condominium documents. There was further discussion concerning the procedure of Department Head meetings being scheduled further in advance of the Board meetings so the developer could have more time to correct matters in question. Mr. Wallace requested the Board's reconsideration to grant final approval of the plans since all of the changes requested by the Department Heads had been met. Mr. Kroman made a motion to reconsider the vote where the final site plan was denied, which was seconded by Mr. Winter. Upon roll call the motion CARRIED 6-2, with Mr. Troian and Mr. McKillop voting NO. Mr. Hetu made a motion to recommend to the Board of Adjustments that the Zoning and Planning Board finds that the project complies with the Edgewater Comprehensive Plan and recommends they approve this as a special exception in the B-3 zone, and give final site plan approval. Mr. Winter made an amendment to the motion to add a special condition to dedicate a portion of the open space for recreation purposes, with the possibility of an arrangement with the developer for some "stop gap" or recreation provision be discussed in the future, which was seconded by Mr. McKillop. Upon roll call of the amendment, the motion CARRIED 5-3. Mr. Hetu, Mr. Bennington and Mr. Nolan voted NO. Upon roll call of the main motion the motion CARRIED 8-0. Vice Chairman Nolan recess was held. Zoning and Planning relinquished the Chair to Mr. Wallace and a short Board 12/16/81 -2- '~ o u Sketch - SP-102 Larry Harris Mr. Harris was present to discuss the proposed office building and used car lot at 1001 S. Ridgewood in the B-3 zone. It was stated the used car lot would require a special exception. Mr. Harris requested the Board consider the site plans for the office building for final approval. Mr. Nolan stated the project did comply with the Comprehensive Plan. Mr. Kroman made a motion to approve the sketch plan for the office building, which was seconded by Mr. Nolan. Upon roll call the motion CARRIED 9-0. Sketch - SP-103 Edward Wojcik Mr. Wojcik was present at the meeting to discuss his request for approval of a duplex at 101 & 103 Virginia St. in the B-3 area. Mr. McKillop withdrew from the meeting to abstain because of being an abutting property owner. The Board reviewed the requirements and stated the project was in compliance with the Comprehensive Plan. Mr. Troian made a motion to approve the sketch plan, which was seconded by Mr. Wheeler. Upon roll call the motion CARRIED 8-0. In discussion regarding the special exception needing to go before the Board of Adjustments and the site plan not meeting the required setbacks, therefore there would be a necessity to come back before this Board with more detailed plans, Mr. Nolan made a motion that upon approval of the preliminary plans a recommendation be sent to the Board of Adjustments to grant the special exception. Mr. Kroman seconded the motion. Upon roll call the motion CARRIED 8-0. Preliminary - SP-104 - Don Testa Professional Plaza Chairman Wallace relinquished the Chair to Vice Chairman Nolan to give the presentation as representative of the project, and stated he would file a conflict of interest. Mr. Wallace reviewed the plans and requirements. There was a discussion concerning using the R-4 portion of the property for a parking area, which could be considered a commercial use in a residential area. It was the consensus of the Board that the question had already been addressed in a previous meeting and a letter had been issued to the developer to the effect there were no restrictions stated in the ordinance against this use. It was stated the project did comply under the Comprehensive Plan. There was further discussion regarding the determination of building dimensions and the method of arriving at the percentage allowed. It was determined that the standard practice in the past had been to use the total area times 30%. Mr. Hetu made a motion to approve the preliminary site plan with the condition that letters from the abutting property owners granting consent of the project be submitted to the Board. Mr. Kroman seconded the motion. Upon roll call the motion CARRIED 8-0. Vice Chairman Nolan relinquished the Chair to Mr. Wallace and a short recess was taken. Zoning and Planning Board 12/16/81 -3- '. o o Preliminary - SP-I05 Carl Oetting James Fletcher was present to represent the proposed storage and office building at 1705 Industrial Road. Mr. Fletcher stated he planned to keep any flammable materials in a separate building. The Board reviewed the requirements and Department Head comments. Mr. Kroman made a motion that the preliminary site plan be approved, which was seconded by Mr. Hetu. Upon roll call the motion CARRIED 8-0. Mr. Winter had asked to be excused from the meeting. Mr. Fletcher asked the Board's consideration for final site plan approval. Since there were no further requirements to be met, Mr. Kroman made a motion to grant final site plan approval, which was seconded by Mr. Hetu. Upon roll call the motion CARRIED 6-2. Mr. Troian and Mr. McKillop voted NO. OLD BUSINESS The City Attorney gave a report on the Massey rezoning request and stated a meeting had been held and it was determined that the Board of Adjust- ments should hear and resolve the zoning question of Lot 42. Mrs. Massey was present at the meeting. Mr. Kroman made a motion to adjourn the meeting, which was seconded by Mr. Hetu. Upon roll call the motion DID NOT CARRY 6-2. Mr. Kroman and Mr. Hetu voted YES. The City Attorney continued to explain trying to resolve the rezoning problem. Mr. Wallace read a communication from the Board of Governors offering their services to work with the sub-committee regarding recreational needs of the City. Mr. Mitchell explained the committee was being formed by the City Council at their next meeting. Mr. Wheeler made a motion to table the subject of the By-Laws until the next meeting, which was seconded by Mr. Hetu. Upon roll call the motion CARRIED 5-3. Mr. Troian, Mr. McKillop and Mr. Wallace voted NO. Mr. McKillop discussed the Diocese annexation request and questioned the Board if a reply to the Council's request for a recommendation should not be answered. A lengthy discussion followed concerning annexation and it was stated the Board had replied to the Council that the request did comply with the Comprehensive Plan, which was all that was required. The City Attorney stated the Board had taken all action that was necessary and the matter was presently in the hands of the City Council. Mr. McKillop made a motion whether or not the Board intends to make a recommendation to the Council based on the first letter from the Council. Mr. Troian seconded the motion. Upon roll call the motion DID NOT CARRY 5-3. Mr. Wheeler, Mr. Troian, and Mr. McKillop voted YES. Zoning and Planning Board 12/16/81 -4- .~ o o . . . NEW BUSINESS Mr. Bennington informed the Board he would be missing the meetings in January and February since he was going to be out of the State going to school. Mr. McKillop requested that the Board appoint a new representative to the VCOG MPO meetings, the house numbering committee and working with the City Attorney to develop a plan for using the Comprehensive Plan and the annexation committee, since he could no longer do this. Mr. Wallace acknowledged the request and stated that a new representative could be appointed at a later date. ADJOURN Mr. Wheeler made a motion to adjourn and Mr. Kroman seconded the motion. The meeting was adjourned. Minutes submitted by: Patsy L. McCann Zoning and Planning Board 12/16/81 -5-