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11-30-1983 Special .... ~ o CITY OF EDGEWATER PLANNING COMMISSION SPECIAL MEETING NOVEMBER 30, 1983 Minutes Chairman Bennington called the Spec~a1 Meeting to order at 7:07 P.M., in the Community Center building. ROLL CALL Members present: Messrs. Opal, Quaggin, Chenoweth and Bennington. Mr. Finn was excused and Mr. Hillerich was absent. Also present: City Attorney, Jose Alvarez, Lorin Coppock, Building Inspector, two members of the press, secretary, Susan Mista, and various people in the audience. Chairman Bennington advised that the first thing on the agenda was to review the approved site plan of Pelican Cove West which Mr. Carder, the developer of same, was advised to attend. Mr. Carder submitted a letter to the Planning Department, dated November 28, 1983, which was read by the secretary. A copy of said letter is attached to these minutes. The letter stated that Mr. Carder nor his attorney could attend this meeting. Mr. Robert H. Christy, 1916 Evergreen Drive, Edgewater, addressed the Board and stated he was the instrument in getting this matter before the Board. He asked the Board to recess this item until Mr. Carder can be present so that the matter can be discussed and both sides heard. He further stated that he has all his facts with him and same have been presented to Council. Mr. Opal stated that he did not want to recess this matter, that he wanted to refute ~and rebut the letter. Chairman Bennington said it is the policy to table anything when there is no representative present. It would be hard to hear facts from one side and not the other. Mr. Opal said he was opposed to tabling it. Mr. Chenoweth and Mr. Quaggin agreed to recess until all the facts can be presented. The vote was 3-1 to recess. Mr. Alvarez asked if Mr. Opal felt his presentation would be harmed by the recess, to which Mr. Opal replied, no. However, Mr. Opal reiterated that he wanted to. rebut and refute Mr. Carder's letter. Mr. Alvarez stated that the majority of the Board wanted to withhold any decisions until both sides are present. If the Vice- Chairman wishes to make some statements, he has a right to do so. Chairman Bennington advised that neither he nor the other two members wished to make a statement and if Mr. Opal wanted to, he could continue. Mr. Opal began by saying that the letter says Pelican Cove West was not zoned as a duplex, but as R4. He refuted that statement saying it still is not zoned R4 according to the records in Tallahassee and DeLand. He said he has all the information in three Ordinances that he has researched. Concerning the mention of de-annexing from the City in Mr. Carder's letter, Mr. Opal said they are not even in the City properly. He said this was all planned collusion from the beginning. There was fraudulent intent as to what happened. There was no return mail receipt on one of the Ordinances, which he marked "Exhibit C". "Exhibit A" was the first Ordinance passed, which concerns the annexing of the property in question. Mr. Opal read the title of this Ordinance to the audience. Ordinance #2, a week later, says the same as in the title paragraph of the first Ordinance, with the omission that said annexed property shall be zoned R4 - it is not in there. The one sent to Tallahassee and recorded does not state that it shall be annexed to the City. He said he researched this two years ago with two other people. The original Ordinance was listed in the newspaper on 11-22-81. Mr. Opal stated as far as he was concerned, the property has never been annexed into the City. and it is all illegal. '-> u Chairman Bennington asked Mr. Opal if he had copies of the exhibits for the Board members, to which Mr. Opal replied that he did not. Chairman Bennington asked Mr. Opal if he would furnish them copies and Mr. Opal stated he may give them a copy. .:. .i. Mr. Opal continued with his statement, alleging that the property is still in the County, and still zoned R3 and has not been annexed into the City. Dana Armstrong, Edgewater, Florida, addressed the Board and stated he was familiar with the project and knew what Mr. Opal was talking about. He stated Mr. Opal has three Ordinances with the number 82-0-40, and. all three are different. He said the last page on all three Ordinances are copies of the last page on the first Ordinance, that being an annexation Ordinance and was published in the newspaper. It also is a rezoning Ordinance on the same Ordinance and someone caught it when it came up. He said the third Ordinance is the one that went to DeLand for recording. He asked that the matter be looked into and researched by the Board. Chairman Bennington advised that the statements made by Mr. Opal are his opinions and not necessarily the opinions of the City of Edgewater. He advised the secretary to set a date within the next two weeks to have the Building Inspector go over the approved site plan and project and report back any violations that exist. He asked Mr. Opal to supply the Board with the copies of his information, to which Mr. Opal replied that he would do so. Chairman Bennington advised that there being no further comments by the Board, thms part of the meeting is recessed until Mr. Carder is present. In checking with the secretary concerning a possible date for the next meeting, it was advised it would be during the week of December 19th. Upon roll call to adjourn this portion of the meeting, same was adjourned by a vote of 3-1, Mr. Opal voting NO. Chairman Bennington stated the next item on the agenda was to review SP-8338 for final approval. SP-8338 - Earl Wallace for Pilch Construction - 5 Unit Apartment Complex on Oakridge Avenue. Mr. Wallace was present to discuss the plans. Chairman Bennington stated this plan was approved for preliminary, subject to adjusting the driveways and putting in a small planter between the parking and checking out to see if the Ordinance requiring 60% open space applies to R4 multi-family dwellings of this size. Mr. Wallace advised that he has altered the parking to meet the Board's stipulation and he has, in fact, 61% op~n space. Mr. Chenoweth asked where the trash pick up was located, to which Mr. Wallace indicated that trash would be taken to the curb and it was not designated on the plans. Mr. Quaggin asked if two sealed sets of plans have been provided, to which Mr. Wallace replied that same would be provided upon final approval of the Board. Mr. Chenoweth made a motion to approve this site plan, subject to the developer providing two sealed sets of plans prior to issuing a building permit. Mr. Quaggin seconded the motion. Mr. Opal began a discussion concerning Ordinance 82-0-09 wherein this Ordinance amends the official zoning map and rezoning property, irt which this property is included. He stated that was two items and you could not have an Ordinance with two items in the same, it should be two separate Ordinances. Chairman Bennington advised Mr. Opal that it was not two separate items that you must change the official zoning map when rezoning takes place. A discussion then ensued regarding the comments by the Department Head Supervisors on this site plan. -2- Planning Commission Special Mtg. November 30, 1983 o o Upon roll call on the motion to approve this site plan, motion CARRIED 3-1. Mr. Opal voted NO. There being no further business to come before the Board, upon motion made by Mr. Opal to adjourn, seconded by Mr. Chenoweth, the meeting was adjourned at 8:04 P.M. Minutes submitted by: Susan Mista -3- Planning Commission Special M!g. November 30, 1983 ," ... .' '-> C N ~ Q: :> <=> Z 0") ~ (.) Belmk~ .S,Inc. 2305 S. Ridgewood Ave., Edgewater, Florida 32032 Phone: 904-427-9556 Daytona: 252-1158 Brevard County: 632-9522 , . November 28, 1983 Ms. Susan Mista Planning and Development City of Edgewater Edgewater, Florida 32032 Dear Ms. Mista: I have tod~, received your letter stating that the Planning Commission will hold a special meeting on November 30, 1983, regarding Pelican Cove West site plan as originally submitted. I am sorry to inform you that because of previous commitments, ~ attorney, Paul Katz, and I will be unable to attend this special'meeting. My attorney and I will be most happy to meet with your Board at a later date mutually agreed upon. In the even that your Board goes ahead with the meeting without our repre- sentation, I have the following comments: 1) Pelican Cove West was not zoned as a .duplex subdivision. It was zoned R-L. 2) The site plan as submitted was not and is not a true representative plan but waS submitted to show that we would not exceed our cap per acre, set by the County of 5 units per acre at the time of anneXation into the City. 3) No plans were submitted with the site plan, and I am sure that the trans- cripts will show that ~ statements were that the new subdivision would reflect Pelican Cove East, which has to~~ouses, duplexes, tri-plexes and single unit homes. All are permitted in R-L zoning. L) There is no way that a true site plan can be submitted and followed at the time of plat approval because of changing markets and time factors. Example: It may take one year or many years to complete a development as well as one ownership or many, according to how sold. Example: Florida Shores does not reflect in any way single family homes in accordance to deed restrictions. The City of Edgewater rezoned the lots two blocks each side of the railroad tracks to R-L and B-2 even though the deed restrictions of record state single family homes. continued....... ,.,. . .... . '-' N C::> - cr > co Z 0") C'V o o Page 2 Susan Mista Planning and Development City of Fdgewater The question that I would like the Board and the Legal Department to answer is: ~y does Pelican Cove West differ as long as we follow permitted use in R-4! I intend in the next few weeks to let out contracts on the last two phases of Pelican Cove West. Contracts are to be for sewer, water, paved streets, and will be submitted to the City along with 110% performance bond, letter of credi t, and vari ous fees in order to record above named subdivision on Public Record. All the above would have been except for economic reasons. 3 & 4, Pelican Cove West, and lines run for sewer and water installed at the time of Units 1 and 2, Phas e 1, I have been before all Boards with Phase 1, 2, the above would have been recorded, paved, and except for economic reasons. Is there any reason that legally I cannot get the plat recorded as outlined above. If the answer is negative, please answer in writing and quote law. In writing the above comments, the thought suddenly occurred to me that maybe I am trying to force a development on the City of Edgewater that the City does not want. If this is the feeling of the citizens, Board members and Council, then I suggest that we all look into the legal means with the County to accept Pelican Cove l.Jest into the County and let! s de-annex from the City of Fdgewater so that we can all get back to work without having to be warring about Pelican Cove West. Sincerely, BELMONT HOMES, mc. . /1.~ ~..e'.k ~.~..~. VJames C. Carder President JCC/sw