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12-07-1983 .t o ~ CITY OF EDGEWATER PLANNING COMMISSION REGULAR MEETING DECEMBER 7, 1983 Minutes Chairman Bennington called the regular meeting to order at 7:00 P.M., in the Community Center. ROLL CALL Members present: Messrs. Bennington, Opal, Finn, Quaggin and Hillerich. Mr. Chenoweth was absent. Also present: secretary, Susan Mista, one member of the press and members of the audience. APPROVAL OF MINUTES Mr. Quaggin made a motion to approve the minutes of the November 14, 1983, special meeting, seconded by Mr. Opal. Motion CARRIED 5-0. Mr. Opal made a motion to approve the minutes of the November 16, 1983, regular meeting, seconded by Mr. Finn. Motion CARRIED 5-0. NEW BUSINESS Annexation of Fong Property Attorney Jeff Clark was present to discuss this annexation. He advised the Board that this had been going on for several years. When the Ranken property was involved in this annexation some of it had been sold and there was difficulty in getting some of the owners to agree to the voluntary annexation. They are now requesting that only the Fong pro- perty be annexed. This property includes 20.20 acres and it lies south of the City of Edgewater. He advised it is across the street from Carder's motel and then runs north up to south of Palm Breeze Drive. Chairman Bennington stated that there is a legal question that needs to be answered, whether or not this property creates an enclave. Mr. Clark advised that the records should show letters from him, Clay Hen- derson and Charles Hall that all agree this property is notr)an enclave. He stated he had also discussed it with Mr. Alvarez who agreed that this is not an enclave. Susan Mista read the Department Head comments into the record concerning this annexation. Mr. Clark advised that Mr. Fong is not rushing in to the development of this property at the present time. He felt there would be no rush insofar as being able to accommodate so many water hook- ups at the present time, in lieu of Terry Wadsworth's comment that the water and wastewater plants were running near to capacity at the present time. Chairman Bennington questioned what Mr. Fong planned to do with the property, to which Mr. Clark advised that they would request the highway property be zoned B3 for 275', which is suandard, and the rest of the property to be R3, single family residential. No lots have been sold at the present time. Chairman Bennington commented that he thought Mr. Wadsworth was referring to the amount of projects that have been approved and are in the stages of being built and the amount of undeveloped land in the City, that the water plants will be at capacity. Chairman Bennington noted that with a voluntary annexation, the zoning cannot be changed for two years unless the County agrees. At the present time it is zoned County R3. He further stated that there may be a problem if the City is in this position with the water plant, which if this property were to be annexed, the City would have to service the area and that could mean putting in another plant. i.Mr. Clark stated that the land had not been platted or plotted yet and could not be put on the market for sale until that is done, however, he said he felt this was a good taxable situation for the City - it was prime property that would create a good taxable revenue. Q Q A discussion then ensued regarding whether or not the property is an enclave and the problems that annexing it may create to the Utilities Department in regards to the water plant. It was determined that there would be businesses along U.S. 1 and approximately 70 to 100 houses to be constructed on the remainder of the property. Mr. Opal made a motion to table this annexation until a legal oplnlon is gotten from Mr. Alvarez regarding the enclave and an answer from Terry Wadsworth concerning the water and sewer service to this property. Mr. Hillerich seconded the motion. Motion CARRIED 5-0. SITE PLAN REVIEWS SP-8337 - Sam Hatoum - 24 Unit Rental Complex Mr. Hatoum and Parker Mynchenberg, his engineer, were present to discuss the plan. Chairman Bennington stated he would like to ask Mr. Spooner how he can determine a 30" culvert is sufficient when everything else in the area is twice that size. According to the letter from Scott Spooner, there are no problems with the project, all specifications have been met and the plans have been gone over with Mr. Spooner and Parker Mynchenberg. Chairman Bennington stated that in looking at the site -~~~ there is a culvert to the north of the project that is 36" and two 12" - side by side. The one to the nmrth has two 30" culverts - side by side. He said he was told by a resident in the area that the next two are two 30" - side by side. He said he doesn't see how one 30" culvert can accommodate this project - the ditch is full of water all the time now. Regarding the questions from the City Attorney, Chairman Bennington said he talked to Mr. Alvarez and the answer to both questions is the Board was right. The front is the front of the project, not the front of the building. Concerning the covenants and restrictions, it does not say condos and it could be condos next year, so the covenants and restrictions section does apply to this project, even though it is proposed as a one owner, rental unit. Mr. Mynchenberg stated he disagreed with him, however, they would furnish the City with covenants and restrictions. Chairman Bennington said he had a copy of the dedicated road right of way and the drainage canal and after looking at the property, he under- stands why they want the driveways flooped, however, you are creating two problems. One, you are coming out in front of the lift station which could create a problem - it is north of the project about 10'. There are also some nice trees on the 45' of City property that will have to be cut down along with some nice trees on the project property that will have to be cut down. He said he would rather the driveway be moved to the south side. The whole project could be flooped if they do not want it to go straight through. Mr. Mynchenberg advised that one of the reasons for bringing the drive in the way it is shown is they are utilizing the existing curb cut on Ridgewood. Chairman Bennington said he felt the driveway was too close to the lift station to have traffic coming in and out. He said he would like the part-time City Engineer to look at the plan and see if he agrees that the 30" culvert is adequate. Mayor Ledbetter asked to speak on this matter. He said he was very familiar with the situation - that if you check the Mockingbird Lane crossing there is a 42" squash culvert and is not adequaDe to carry the water that goes down through there, at this point. Concerning the drainage ditch, he said he was on the south end and it is one of the main arteries of moving the storm water run-off from everything west of u.S. 1 and the railroad track from the cemetary, Marion Avenue, all the way to Garbody Canal - there are too many blockages in it now. He said he would like for the City Engineer to put a box culvert in it to eliminate the blockages and bottlenecks which the small culverts create. Mr. Mynchenberg said he would meet whatever requirements the City Engineer requested. -2- Planning Commission Meeting December 7, 1983 , ~ o Concerning changing the driveways, Chairman Bennington stated there is another driveway entrance across the street from this property in a multi-family project. Mr. Hatoum said he didn't like to see the traffic being allowed to zip straight through with a straight stretch of drive- way. He preferred there to be a self-contained development without other traffic coming through the project. Chairman Bennington said he agreed with him, however, the trees should be saved if at all possible. Mr. Opal said he thought the part-time engineer should check the whole project out, from one end to the other. Mr. Opal made a motion that the entire project go to the part-time engineer, Frank Marshall, and have him check it out, attaching to the plan the letter from Dana Armstrong concerning the canal drainage. Mr. Hillerich seconded the motion for purposes of discussion. A discussion then ensued regarding exactly what Mr,) Marshall was to check out. Mr. Hatoum addressed the Board and stated he was willing to go along with whatever the City Engineer or Board requested, however, he said he liked to have control over his projects and he was obliged to the people living in his project for their safety and security. He said he wanted to resolve the problems all at one time so that he didn't have to keep coming back to the Board for additional compliance. Chair- man Bennington stated that he did not want him to have to keep coming back either, however, this Board has an obligation to the people in the City and all problems must be solved with the plan prior to final approval being given. Chairman Bennington said there is a high tension power line running approximately 40' from the southwest corner, down under the canal and engineering should look at that. Chairman Bennington said that the police should look at the project concerning a traffic hazard with the driveway being where it is shown, versus the one across the street and the lift station. Mr. Mynchenberg said that the Chief of Police found no problems with the driveway at the Department Head Supervisors meeting. Concerning the dedication of the driveway, Mr. Mynchenberg said they put the easement on and nothing has been recorded yet but it is on the drawing and will be recorded. Mr. Opal amended his motion to include that the part-time City Engineer was to check out the driveways and culvert; the power pole and high tension line, what problems that will cause, will they have to be moved or the driveway moved. Chairman Bennington said the fire and police supervisors need to look at the project again, after the engineer reviews it, to see if there will be any problems. Mr. Hatoum asked the Board if he could have permission to begin building the building on the east side, Building B, prior to being given approvil by the Board. Chairman Bennington said he felt they needed to get the police and fire comments before construction begins. Upon roll call to Mr. Opal's mot~on, motion CARRIED 5-0. SP-8340 - Earl Wallace for Bill Rossiter - Duplex - Gas Light Square Earl Wallace was present to discuss the plans. Chairman Bennington questioned the trees shown on the plan, whether they are existing trees. Mr. Wallace advised that he did not know, however, if they are not already in, they will be planted in that area. Chairman Bennington advised Mr. Wallace that Mr. Rossiter could present his plans for the duplexes as Mr. Coleman of Shangri-La Subdivision will be doing, and that is bringing all the plans for the different styles of -3- Planning Commission Meeting December 7, 1983 o o homes in at one time and have same approved, rather than having to come before the Board with each duplex. For example, he will bring in all the plans for Duplex # and have same approved, showing where on the original site plan they will be located. This will save time in coming before the Board for each duplex. Mr. Opal stated that Mr. Copeland said the driveway culverts should be installed and Terry Wadsworth said the utilities have not been inspected and same should be done prior to issuing the C.O.s on the project. Chairman Bennington said that he saw no problems with it, however, if the owner wanted to enclose the patio, they would need to come before the Board of Adjustments for a variance. Mr. Wallace said that that was correct on this particular plan, however, the other plans will allow for a patio enclosure. Mr. Hillerich made a motion to approve this site plan with the stipulation that prior to the CO being issued that the culverts are put in and the utilities inspected and approved by Terry Wadsworth. Mr. Opal seconded the motion. Motion CARRIED 5-0. SP-8341 - Ogil Reed - Storage/Warehouse - 22nd and Guava Chairman Bennington advised that ther.e was no one present to represent this site plan. Before this matter is tabled, he advised that this is nota permitted use in the B2 zone, according to the drawing that was submitted. A miniwarehouse is all that is permitted and it cannot exceed 200 cubic feet in size. Mr. Hillerich made a motion that this site plan be tabled for lack of representation and that the applicant be advised that the size of build- ing is not a permitted use in the B2 zone; and further, that no land- scaping or trees are shown on the plans to comply with the city Ordinances. Mr. Opal seconded the motion. Motion CARRIED 5-0. At this time, Mr. Wallace questioned the Board regarding the legal opinion that was to be obtained concerning the 60% open space area. Chairman Bennington said he had talked to Mr. Alvarez and he advised that it is part of the Ordinance - if you do not have 60% open space, the landscaped driveways can be included as a part of the open space, but you have to have a recommendation from the Planning Commission for approval and approval by the City Council before final approval is giv.en on a project. SP-82l9 - Luis Geil - 108 Apartment Complex - West Marion Avenue At this time the Board took a recess, 8:50 P.M. The meeting was called back to order at 8:58 P.M. Chairman Bennington noted there is a letter from the part-time City Engineer, Frank Marshall, regarding his review of this project. Mr. Geil advised the B@ard that he and Mr. Marshall had gone over the plans after the Department Head Supervisors meeting last week and he now has a new set of plans in accordance with Mr. Marshall's recommendations. Mr. Geil said that basically Mr. Marshall's letter concerns balancing the retention areas in more detail so it is balanced out by phases. Each phase will store its own water. The hydraulic system was changed wherein the higher pond gets filled up and steps down into the next one and when that is filled it steps down into the next one, etc. When the last one is filled the water goes into the existing 6' pipe. Chairman Bennington said Mr. Marshall advised against even preliminary approval for the plans as first submitted. Mr. Geil said that he has altered the plans to meet Mr. Marshall's recommendations and he has the revised plans with him. He said he had hoped Mr. Marshall would be at this meeting to go over the revised plans but he was unable to reach him at his office today. -4- Planning Commission Meeting December 7, 1983 , .. Q ~ Mr. Geil advised that Mr. Marshall did not understand his plans in certain areas and after discussing it with him, a lot of the problems were worked out. Mr. Marshall told Mr. Geil that he would approve preliminary approval if Mr. Geil altered some of the conditions Mr. Marshall had put on the project, however, Mr. Marshall was not at the meeting and could offer no opinion of the revised plans. A discussion ensued regarding the various items in Mr. Marshall's letter. Chairman Bennington said that the open space percentage needs to be calculated. He said 60% of the project shall be retained as open space, accordi~g to the Ordinance. Open space does not include any land area devoted to building, streets or access drives. The open space may include a properly landscaped parking lot when the same is recommended by the Planning Board and approved by City Council. He informed Mr. Geil they need to know what the open space is, excluding the driveways and buildings. Chairman Bennington also advised Mr. Geil he would have to supply, in writing, all covenants and restrictions that will govern the maintenance of the open space. He then read this section from the Code wherein it states such legal instrument shall be submitted with the site plan and approved by the Planning Board, city legal department and the City Council, prior to the rezoning or the issuance of a building permit by the chief building official. Chairman Bennington said the parking is sufficient, the setbacks are good, each unit is over the minimum - 1150 square feet, the landscape plan shows the buffer. Chairman Bennington said that the deed covenant matter 1S a problem that needs to be looked in to. This involves all R4. Mr. Finn made a motion that this matter be tabled until both Frank Marshall and Mr. Geil can be present to review the plan and that Terry Wadsworth be notified concerning his comment about the lift station, whether or not he has discussed this matter with Frank Marshall. Mr. Hillerich seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Chairman Bennington read the minutes of the City Council meeting of November 7, 1983, to the Board concerning the Planning Board's recommen- dation of a Tree Removal Permit fee of $25.00 be imposed. Said recommen- dation was approved. In regards to the R4 single family mlnlmum living area, Mr. Opal advised that the Council approved of 1,200 square feet minimum living area in the R4 zones at their meeting on December 5, 1983. Mr. Opal made a motion that a letter be sent to Council stating that the Planning Commission concur with their decision to set the minimum living area for the single family residences in the R4 zoning to 1,200 square feet. Chairman Bennington stated that he felt Mr. Marshall should be asked to attend the Planning Commission meeting when there are large site plans before them to get his recommendations and reviews of these projects. It was the suggestion of Mr. Hillerich that the Planning Commission sit down with Mr. Marshall and ask him to advise them what they need to be looking for, specifically, when the site plans come before them so as not to overlook any items that are necessary for approval of same. Chairman Bennington referred the Board members to the Code book on page 1635, at which time he read the requirements for site plan approval, and asked the Board if a single family home is built as a permitted use in the B3 zone if the plan has to come before the Planning Commission for approval. Mr. Hillerich said yes. Chairman Bennington advised that -5- Planning Commission Minutes December 7, 1983 . . o o it has been practice that single family and duplexes do not come before the Board. He stated he found out that the Planning and Zoning Commission changed an Ordinance and they cannot do that, only Council can change an Ordinance. Mr. Hillerich reiterated that the single family residences in the B3 zones should come before Planning for site plan approval. Mr. Hillerich stated he felt that the mobile home situations should also come before Planning for approval. After a discussion concerning this matter, Chairman Bennington suggested that the Board think about this and discuss it at a later time. Mr. Hillerich questioned whether or not there was a designated lot size in the R4 zone for single family residences. Chairman Bennington advised that the Council is changing the duplex setbacks from 30 to 40' front, 20-25 feet on rear. Chairman Bennington said that the motion Mr. Opal made earlier about concurring with the 1200 square feet minimum for single family dwellings in the R4 zones, minimum lot sizes should probably be added to the motion. There presently are none required. After a discussion concerning the lot sizes in the other zones, it was decided that Mr. Opal's motion include that Section 603.01 - R4 Multi- Family District - be changed to read: (a) Permitted uses. Multi-family dwellings including townhouses, apartments and garden apartments. Single family dwellings and duplexes shall be permitted as additional uses in the R4 zoning multi-family district subject to the following dimensional requirements: All requirements to remain the same, except minimum floor area to read: Minimum floor area: 1,500 square feet of living area for each duplex and 1,200 square feet of living area for each single family dwelling. Mr. Finn seconded Mr. Opal's motion. Motion CARRIED 5-0. Mr. Opal began discussion concerning the meeting on Wednesday evening, November 30th, concerning Pelican Cove West Subdivision and the three Ordinances he presented regarding this matter. He said that all Council members arid the Board members got a copy of the Ordinances. City Attorney, Jose Alvarez, suggested that the three Ordinances be sent to the States Attorney's office for review and Council voted to do same. A discussion then ensued regarding the present status on the Pelican Cove West Subdivision construction. Chairman Bennington advised that a new meeting has not been scheduled as of yet due to the fact that Mr. Carder has said he will be out of town until the first of the year and cannot attend a meeting until then. He further advised that the Building Offical had issued stop work orders on the permits that the previous Building Official had issued. There being no further business to come before the Board, upon motion made by Mr. Quaggin to adjourn, seconded by Mr. Finn, the meeting was adjourned at 10:07 P.M. Minutes submitted by: Susan Mista ~ - Planning Commission Meeting December 7, 1983 /.:<- '7- ~3 ~ , ~ .~ .~~ ~ ' ~ . h~~~-~- ~~+-~ ~ f--tlrlf!~ ~ ~ ~ ~ ~ ~" ~~~~n~' ~ ~~:~ ~~~ ~~~~ h .~~~ ~ ~ I ~. ~ \lJ "' \l ~ ~ ~ ~ ~ ~ I ~ ~ \) 'off 10. ~ ~ ,,~ 'G I~ ~.~ ~ ~ ~.~~~ ~~~~, ~~ ~~~1\~ ~ ~~ ~~ ~~~ ~ ~~~VI ft~~ ~~~~ t~~{~~~' ~~ ~~ ~~~ ~~~~~~~~~~~ I 0NL_ ~"~1<=---~~--i :--t~--~~ -1-1' --~~-v-~ -- ~ I ~~CN/V__ -___ ___'_+----- ____+_____ ___ ______ u Date -;? . 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