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07-20-1983 ,- j' o o CITY OF EDGEWATER PLANNING COMMISSION REGULAR MEETING JULY 20, 1983 Minutes Chairman Bennington called the regular meeting to order at 7:05 P.M., in the Community Center building. ROLL CALL Members present: Messrs. Bennington, Opal, Chenoweth, Finn, Quaggin and Hillerich. Also present: Councilwomm Gigi Bennington, Mayor David Ledbetter, Councilman Neil Asting, Clay Henderson, three members of the ~idhe & Hall architectural firm, Talmadge Stuckey, Luis C. Geil, Leslie Ogram, Paul Loeffler, Robert Wilson, Robert Christy, a member of the press, secretary Susan Mista, Robert Howard, and various other people in the audience. APPROVAL OF MINUTES Chairman Bennington stated the first thing on the agenda was the approval of the July 12th regular meeting minutes. Mr. Opal advised that he wanted to make a motion at the outset of this meeting to dispense of the regular agenda temporarily and get down to a more important subject of this meeting, that being Chairman Bennington's letter to City Council of July 13th. Chairman Bennington advised Mr. Opal that was not what they were here for tonight. Mr. Opal interrupted Chairman Bennington and told him he should be interested in this matter. Chairman Bennington said that was enough, that the next thing on the agenda was approval of the minutes of the July 12th regular meeting. Mr. Chenoweth made a motion that the July 12th minutes be approved. Mr. Finn seconded the motion. Chairman Bennington asked if there was any discussion on the minutes, to which Mr. Opal replied, yes. He asked that the minutes be typed verbatim during the vote of SP-82l9, before the discussion, the vote and the discussion that took place after the meeting; especially the apologizing method that was used to the contractor regarding this sketch plan. He stated Chairman Bennington apologized to the consulting engineer that he did everything he could, he shrugged his shoulders, saying he did all he could. Mr. Opal stated that he would prove tonight that Chairman Bennington was entirely wrong and he wants this put in the minutes; he has the proof, he told Chair- man Bennington he wanted to check the Comprehensive Plan at the time; he stated he has what he needs tonight; he told Chairman Bennington he should have it and he never presented it to this Board, that being a letter dated May 14, 1981, a seven page docu~ent which Chairman Benning- ton never presented to the Board or to no rrember on this Board. Chair- man Bennington asked if Mr. Opal was referring to the letter by Mr. Henderson. Mr. Opal replied, that's correct. Chairman Bennington stated that that letter was compiled from the information in the Comp Plan and everything in that letter is in the Comp Plan, to which Mr. Opal replied, that's correct, that's correct. Chairman Bennington asked Mr. Opal to look at the bottom of page 4, to which Mr. Opal replied, no, we'll look at page 3, section 6 and it tells you there, point blank. Chairman Bennington said he was talking about the minutes and asked Mr. Opal if he read the minutes. Mr. Opal s~id he wanted all that added to the minutes, that it was not what Chairman Bennington wanted, he is telling him this. He wanted that put right into the minutes, verbatim, what took place at that meeting. Chairman Bennington asked Mr. Opal if he were making an amended motion to have the minutes verbatim. Mr. Quaggin seconded the motion. Chairman Bennington asked if there were any discussion on the amended motion and Mr. Opal said he would say why the motion was made and should be acted on properly and accordingly. He advised that Chairman Bennington failed of this committee to inform *(The spelling of Bidhe should be BHIDE throughout the minutes.) o o the members of what is going on, yet he made derrogatory statements of getting two people on this Board - get rid of them. He said Chairman Bennington has done this once before with him, but now he has all the information that is necessary in one little paragraph that will explain to him. Chairman Bennington asked Mr. Opal if that had anything to do with what happened at the meeting, to which Mr. Opal replied that it better. He said Chairman Bennington hasn't even told the people here about the letter he sent to Council. Chairman Bennington advised Mr. Opal that that letter has nothing to do with the minutes. Mr. Opal said not to tell him it has nothing to do, it has lots to do. Chairman Bennington said they were there to approve or disapprove the minutes, as they are typed. Mr. Opal said he made an amended motion to have the minutes verbatim. Motion CARRIED 3-2, Mr. Chenoweth and Mr. Finn voting NO. Chairman Bennington stated the next item on the agenda was approval of the workshop that proceeded the regular meeting on July 12, 1983. Mr. Quaggin made a motion that the workshop meeting minutes be accepted, as presented. Mr. Chenoweth seconded the motion. Motion CARRIED 5-0. SITE PLAN REVIEWS SP-83l4 - Talmadge Stuckey - Preliminary and Final Approval Mr. Bennington advised the Board that therffi a modification to the plan, at which time the drawings were shown to the members. Mr. Opal asked who put this on the agenda, preliminary and final. Secretary, Susan Mista, advised that she had put it on the agenda. Mr. Opal made a motion that this be a preliminary and no final. Mr. Chenoweth suggested that they hear what the applicants have to say first before making that decision. Mr. Opal said that don't matter, you take care of that before that. He said the secretary made preliminary and final and he isn't going to act on any final. He said it shall be preliminary. Chairman Bennington told Mr. Opal that the secretary puts on the agenda what the people bring in and he approves the agenda and he approved this plan. Mr. Opal said he disapproved of it and Chairman Bennington advised him not to vote. Clay Henderson was present to discuss the site plan and told the Board that if they do not agree with same, they would be happy to accept preliminary approval, however, if they find that all requirements are met, they would appreciate final approval. He advised that he would be handing them additional material, modifying the original plans to clarify some of the matters the engineers have brought up. Before going into the plans, Mr. Henderson thanked the employees of the City who have helped him in preparation of presenting the plans, and expressed thanks to the department heads who, at their meeting of July 19, 1983, offered their comments concerning these plans. He said they have been in contact with the city's engineers, Briley, Wild concerning their comments on the plan. He introduced to the Board Kay Worley, Mr. Bidhe, Mr. Stove, of the architect firm of Bidhe & Assoc., Talmadge Stuckey, the contract purchaser of the property, Connie Donlon, realtor of New Smyrna Beach involved in this project. Mr. Henderson then gave the Board members supplements in regards to the comments at the Department Head meeting of July 19th. Mr. Henderson began his presentation by informing the Board that they are proposing a 35 unit apartment complex on the property abutting Mockingbird Lane, which is more than 200' west of U.S. highway 1. This was the site of the Hermosa Palm condominium project, which was approved by this Board and City Council in 1981, subsequent to the adoption of the Comprehensive Plan. This site is R5 zoning and was approved for the 108 unit condominium complex there, that being Hermosa Palms, and at that time the city found it did meet the requirements and 2 Planning Commission Meeting July 20, 1983 o o complied with the Comprehensive Plan. Mr. Henderson then referred the Board to the Code Book regarding the requirements of the R5 multi- family district. He proceeded to read through every requirement, after each requirement stating how this project is in complete compliance with same. Chairman Bennington asked if the buildings have a common roof. Mr. Bidhe advised him that they do, with a breeze-way in between. Chairman Bennington said that the ditch is not the side lot line and the buffer is required on the lot line. Mr. Bidhe said they will change that to comply with the Code, having the buffer go all the way across the ditch to the lot line. Chairman Bennington advised Mr. Henderson that the parking spaces are I' too narrow. Mr. Bidhe stated they have enough room and can accommodate that. Mr. Henderson explained that this is single ownership that will be maintained by the project management. All common open space will be managed by the project management. The southeast corner of the pro- perty is recreation area, supplied with playground equipment. Mr. Henderson then referred to the Site Plan Approval Requirements in the Code Book, stating after each requirement that they have met same. He then read over the Department Head Comments sheet concerning the July 19, 1983, meeting, stating that they had complied with the recommendations from the Department Head Supervisors. Concerning the matter of the water retention area, Mr. Henderson advised that there would be no additional water running off into the ditch. The area across the ditch will be included as an additional water ret- ention area. Mr. Bidhe explained to the Board how they would handle that aspect. Mr. Henderson advised that they have spent time with Briley, Wild concerning the drainage matter. Mr. Bidhe said they will have to obtain permits from DER and they cannot start construction without this permit, and same will be submitted to the City. Mr. Opal stated that he would like that to be an additional stipulation before final approval is granted. Mr. Bidhe said that would be fine. Kay Worley went over the letter from Briley, Wild regarding 17 aspects of the site plan that needs correction. She explained after each stipulation how they were correcting same to comply with the Code. Regarding the buffer required, Kay Worley stated they are extending the buffer from the ditch to the property line. Mr. Bidhe said they have tried very hard to abide by the rules and regulations of the City and will carry the same feeling of cooperation with the City on this project. - Mr. Opal made a motion to approve the preliminary site plan with the stipulations that the 17 items in the City Engineer's letter are answered sufficiently, which includes the drainage, and the parking and buffer changes. Mr. Chenoweth seconded the motion. Chairman Bennington asked Mr. Opal if he concurs that all 17 items from engineering are settled in that they will be modified or changed, and the parking will be changed, the buffer will be changed, and any nec- essary permits. Mr. Opal agreed. Mr. Bidhe stated that it takes a long time to secure the DER permits. Motion CARRIED 5-0. Mr. Opal stated that the alternate member had not been sworn in yet. Chairman Bennington advised Mr. Opal that he was sworn in that afternoon at City Hall. Mr. Opal said he wanted to see it in writing, a memo from whomever swore him in. SP-8315 - Coronado Paint - Addition of Laboratory building Robert Howard was present to discuss the plans. 3 Planning Commission Meeting July 20, 1983 o o Chairman Bennington stated that they have a letter from Briley, Wild that this building will be constructed on the existing concrete drive and will not be adding any additional area causing more stormwater run- off. A topo for this addition is not required. Mr. Howard said he met with Bill Cross at the site and he agreed that this is an impervious area, there is a concrete pad on the left side, they will not be adding any extra and they were in agreement to dispense with the water retention calculations. He said he made an error in his calculations. They are using 38% of the land, not 37%. Mr. Howard said this will be a two story concrete block building that will be used as a laboratory for their experimentation in paint colors. Chairman Bennington asked if they would be putting a sprinkler system in the new addition. Mr. Howard advised that it would be fully sprinkled. Mr. Quaggin said that Terry Wadsworth requested a cross connect control in the water line and a backflow prevention device. He asked if Mr. Howard has contacted Terry Wadsworth. Mr. Howard advised that he had not, but would contact him and abide by his recommendations. Mr. Chenoweth made a motion to approve preliminary and final on this plan. Mr. Quaggin seconded the motion. Motion CARRIED 5-0. SP-8312 - Consolidated Contractors - Industrial Building Paul Loeffler was present to discuss the plans. Chairman Bennington stated that this case was before the Board at the last meeting and there were four things that he needed to comply with: security lights, water meter location, driveway permit from the County and architect's seal for the building lay-out. He said that every- thing that was required has been complied with, with the exception of the architect's seal. He said that state law requires any commercial building over the sum of $25,000 has to have marchitect's seal on it and it must have a registered or certified building contractor to build it. An engineer is not an architect. Mr. Loeffler said that this is a pre-engineered building. Chairman Bennington said that at the last meeting Mr. Loeffler said R. B. Richard- son was a draftsman. Mr. Loeffler said he is an engineer. Chairman Bennington then read from the minutes of the last meeting wherein Mr. Loeffler stated he was the draftsman, not the architect. A discussion then followed concerning the seal that is required on the plans. Mr. Loeffler was advised that the seal must be by an architect and it should indicate on same that the person is an architect. Mr. Opal made a motion to approve the plans with the stipulation that before the building permit is issued, Mr. Loeffler produce an architect's seal, as required by the Code. Mr. Chenoweth seconded the motion. Motion CARRIED 5-0. SP-8313 - Leslie Ogram - Commercial, Electrical Contracting Business Leslie Ogram was present to discuss the plans. Mr. Opal stated he wanted to discuss the irregular plot and the water retention areas. He said it will have to have a lot of land fill in there. Chairman Bennington stated the City now has a part-time City Engineer and suggested that if he be given final approval it be subject to the part-time engineer checking the retention area to be sure it is adequate. Mr. Opal agreed. Mr. Opal asked if Mango Tree will be used as a run-off, to which Mr. Ogram replied, no, the water retention area is down the side of the property. Mr. Ogram stated he is 525' south of Park Avenue. Chairman Bennington stated Mr. Ogram had complied with the stipulations for final approval in that he had moved the garbage and trash containers, the driveway has been widened, security lights are shown on the new plans, 4 Planning Commission Meeting July 20, 1983 o o and arrows are shown, indicating the flow of water to the retention area. and the two sets of plans with the architect's seal. Mr. Chenoweth made a motion that this plan be given final approval, subject to the satisfaction of the retention area meeting the require- ments of the Code by the part-time City Engineer. Mr. Opal seconded the motion. Motion CARRIED 5-0. SP-8316 - Robert Wilson - Addition Robert Wilson was present to discuss the plans. Earl Wallace, Mr. Wilson's representative, could not be present at this meeting. Mr. Opal asked if there was a Murphys Deed to this property, a state law. Mr. Wilson and Chairman Bennington said they were not familiar with a Murphy Deed and asked for explanation. Mr. Opal said it was something that is put up by the state and especially this piece of property, there is a Murphy Deed involved in this piece of property. He asked Mr. Wilson what he knew about it, to which Mr. Wilson replied, nothing. Chairman Bennington asked Mr. Opal what it means. Mr. Opal said title and in the front, ownership of property, especially Lot 8. Mr. Wilson replied that this only involves Lot 7. Mr. Opal said he hears theres an existing Murphy Deed to the property and that is by the state, survey of property and state permits needed for driveways. Mr. Wilson said that should be no problem as he already has three entrances and exits that have been approved in the past, they are not adding any new entrances or exits. He said they will be paving the parking lot and they will secure permits for that. Mr. Opal said he wanted to check the Murphy Deed to this property along U.S. 1 in that section. Mr. Wilson asked Mr. Opal what it means. Mr. Opal replied that it is a state requirement and it is deeded for this particular property and he would like to know if he is involved in it. He said there is an existing Murphy Deed. Chairman Bennington again asked Mr. Opal to explain to them what a Murphy Deed is. Mr. Opal said they had better find out. Chairman Bennington asked him if he knew. Mr. Opal said not offhand, but he said he does know there is a Murphy Deed. Mr. Wilson said the property had been surveyed and approved and there was never a mention of a Murphy Deed. Chairman Bennington asked the Board members and the audience if anyone knows what a Murphy Deed is. Mr. McCallister, a member of the audience, said he was not an expert on it but it was his understanding there was an act a long time ago that a Murphy Deed was issued by the state, and a Warranty Deed was issued by an individual. He said this was in force years ago when there were carpetbaggers and this was used when people couldn't pay their taxes and this was the Murphy Act that the government used. He said he wasn't sure about it but he thought that was what it was. Mr. Opal said that is it. A discussion then followed concerning the parking area and the part that will be paved and the part that will remain shell. Chairman Bennington advised Mr. Wilson that the Fire Department Supervisor has requested he install sprinkler systems and a smoke detector because of limited access. Mr. Wilson said there was no problem with complying with that recommendation. The Board discussed the parking space requirements and it was determined that he had sufficient spaces to comply with the Code. Chairman Bennington asked Mr. Wilson if he has the permits for the driveways. Mr. Wilson said he has the driveways, they have been there for years. He said he would go to the state to make sure, but he felt there would be no problem, in fact, he said they repaved them for him. Mr. Opal suggested that he check it out to make sure he has them. Mr. Wilson agreed with his suggestion. 5 Planning Commission Meeting July 20, 1983 o o Mr. Chenoweth made a motion that the site plan be approved for final approval with the stipulations that Mr. Wilson install a sprinkler system and smoke detectors, and he check to be sure he has the required driveway permits. Mr. Finn seconded the motion. Motion CARRIED 5-0. SP-82l9 (Rev.) Luis C. Geil - 108 Apartment Complex Chairman Bennington said that this site plan was added to their agenda by the Council, ,the special exception by Luis Geil. Mr. Opal said we shall go on with the details. He said he told Chairman Bennington last week at the meeting that he wanted to check the Comprehen- sive Plan, it was in doubt, and he told why he voted against the project. He said he would verify all of that today because he said he has the Comprehensive Plan here that was issued May 14, 1981. Copies were given to the Mayor, Council, Chairman and members of Zoning and Planning Board and all department heads. This was made up by Mr. Clay Henderson and it is in effect right now. He then referred to page 3, section 6, and he said they should have had copies here issued to every Board ~ member and nobody knew and he said Mr. Chairman should have known, he should have issued copies here to each individual. He said he found what he wanted and here it is. Housing, that's section C, housing, 1981, and number 6 specifically tells you, prevent unplanned residential development in areas reserved for industrial and commercial use. He said the secretary got him a copy today, an extra copy, he had one,and he knew what he was looking for and he had it. On that basis, at this moment, Mr. Opal made a motion that they deny this request in its entirety. He said he told Chairman Bennington before that it was premature, the sketch plan is inconsistent with the zoning and there was a moratorium on it. Any approval of this sketch plan would be premature. He said when you come to the Comprehensive Plan, you can't change the industrial and put residential in there. That's out. Chairman Bennington advised Mr. Opal that the paper he is talking about is not the Comprehensive Plan, that it is in the brown book that was issued to him. He said he had had it for two weeks and he could have read the book. The paper Mr. Opal is talking about says reference, Comprehensive Plan. Everything on the paper comes out of the book. Mr. Opal said this was issued to everybody and asked when it was changed. Chairman Bennington told Mr. Opal to shut up, he is talking. Mr. Opal said be quiet, don't tell me to shut up. Chairman Bennington said be quiet, I'm talking now, be quiet. Mr. Opal said don't tell me to shut up, don't tell me how to vote, either. Chairman Bennington said he was not telling him how to vote, he said he was telling him he had his book - don't sit here and say nobody gave it to you. Mr. Opal said he has it right here. Chairman Bennington told him that was not the Comprehensive Plan. Mr. Opal said that's what you tell me. He said this was a state statute and you'd better follow it. Chairman Bennington asked Mr. Opal - this is a state statute? Mr. Opal said that's right, its right in here. Mr. Chenoweth told Mr. Opal the letter states it is in reference to the Master Plan, obviously he doesn't say its the Master Plan. Mr. Opal said its got to be with the Master Plan and this is part of it and it tells you here and it gives you each section that specifies a point. Chairman Bennington told Mr. Opal that he has come up with one item that says prevent unplanned residential development in areas reserved for industrial and commercial uses. Mr. Opal said that's right. Chair- man Bennington agreed with him, the plan does say that. Mr. Opal said on that grounds alone it shouldn't even be before them because its a change of zoning. He said it should go to the Zoning Board, not to them. Chairman Bennington asked Mr. Opal to open his Comprehensive Plan to page 1-8. He asked Mr. Opal if he had his Comprehensive Plan with him, 6 Planning Commission Meeting July 20, 1983 o o to which Mr. Opal replied, no not that cause you'd need a suitcase to carryall of it. Chairman Bennington said then you didn't even bring your Comprehensive Plan with you so you could make a decision as to whether or not this complies with it or not. Mr. Opal said, no, he has it right here. Chairman Bennington advised him that he did not have the Comprehensive Plan, that he has a memo from Mr. Henderson. Mr. Opal said that was what he.goes by, Chapter 166.041, that's a home rule plan. Chairman Bennington asked the members to open their Comprehensive Plan to page 1-8. Subchapter 4, Land Use - Implementation, Policies, number 1, commercial, industrial, and at this time he advised Mr. Opal that the land is not industrial, it is commercial - and other traffic generating activities should be located in areas with direct access to the arterial street system to minimize non-residential traffic to local residential streets. Item 5, encourage cluster and planned unit developments to create unified neighborhoods and provide open space. Item 8, review and revise zoning regulations for inconsistencies with the adopted Comprehensive Plan. He said if you have all kinds of inconsistencies with your zoning, you should change it to meet your Comprehensive Plan. Mr. Opal said it should meet this. Chairman Bennington went on to read - encourage a more efficient and attractive use of commercial land use through planned centers rather than unplanned strip developments. Under Policies, Item 2 - ensure that the amount of available commercial land does not greatly exceed the amount needed to satisfy neighborhood and community demand. Item 3 - review and re- vise permitted commercial uses under existing zoning regulations to relate community, neighborhood, highway uses, etc., to the appropriate district. He commented that the B3 zoning down the middle of all that residential is not in the appropriate district. Mr. Opal advised everyone to get a copy of this plan from the secretary. Chairman Bennington advised that that was not the plan, most of you have your plan, Mr. Opal doesn't. Mr. Opal said he has it right there. Chairman Bennington advised that that was not the Comp Plan and it is not the Comp Plan in its entirety. Chairman Bennington said the papers Mr. Opal has are things the attorney wrote to advise the people of the goals and objectives, the things they were supposed to be doing to comply with the Comp Plan. Mr. Opal said he told you (Chairman Bennington) what it was at the time. Chairman Bennington asked Mr. Opal what he told him it was. Mr. Opal replied, it's right there. Theres 7 copies to that letter and it was handed to everybody. Chairman Bennington again asked Mr. Opal what he told him it was. Chairman Bennington said it was a memo to the Mayor referencing the Comp Plan. Mr. Opal said that's right, its a memo to him, telling him what the law is and he abided by that. Mr. Opal said the only thing you can make changes, Chapter 166, sub- section 4. Chairman Bennington referred the Board to page 1-12 under Housing, Goals, Policies, Item 2 - encourage multi-family residential development in areas close to commercial and recreation centers with direct access to major arterials. Chairman Bennington said he agreed with what Mr. Garthwaite said at the last Planning meeting, the land should be rezoned. Mr. Opal said that's correct. Chairman Bennington said this man is not asking for rezoning, he's asking for Special Exception under B3 which is authorized as R4. Mr. Opal said to him it is not authorized, whether it's Special Exception, it's got to be rezoned first. Chairman Bennington asked Mr. Opal if he is saying this is not authorized in B3. Mr. Opal said the Ordinance that you have is the legal that you're citing from. 82-0-3, that Ordinance is the legal. It doesn't exist. Chairman Bennington said Mr. Opal you're putting your foot in your mouth again. Mr. Opal said, I'm not opening my mouth. I got all of that, I don't care what you tell me. Chairman Bennington asked Mr. Opal to open his book to the section on Special Exception under the Ordinance for B3. Mr. Opal said Special Exception to you but not to me. Mr. Opal said this is land rezoning. Chairman Bennington then read from the Ordinance, Item 2, whereby multi-family residences are permitted in the B3 zoning under 7 Planning Commission Meeting July 20, 1983 o o Special Exceptions. Chairman Bennington advised the Board that Mr. Opal says that Ordinance 80-0-69 is not legal. Mr. Geil said that part of that land is zoned R4 already. Mr. Opal interrupted and said one-third of the land is R4. Mr. Geil asked Mr. Opal if he could finish. He said all he is asking is to extend the use of the R4 that they have. Chairman Bennington advised that they have been directed by Council to determine whether this complies with the Comp Plan or not. He asked if anyone else on this Board has any comments as to whether this does or does not comply with the Comp Plan. Mr. Opal said it does not comply with the Comp Plan. Mr. Chenoweth said he feels it does comply with the Comp Plan and he remade his motion of the last meeting that this plan be given approval from this Board, pending Special Exception be granted by the Board of Adjustments. Mr. Opal said it should go to the Zoning Board. Chairman Bennington asked Mr. Opal to be quiet and let the man make his motion. Mr. Opal said he is, he made the motion the other day. Chairman Bennington again';asked him to be quiet. Mr. Chenoweth again said he is making the same motion again with the same provisions that were attached to it. Chairman Bennington read from the minutes of the last meeting, whereby the motion was made that the sketch plan complies with the R4 and Comp Plan requirements, provided Mr. Geil is given Special Exception by the Board of Adjustments. Mr. Chenoweth said that is correct, he reiterated that motion. Mr. Opal said Chairman Bennington didn't read the motion he made. Chairman Bennington asked Mr. Opal if he made a motion. Mr. Opal said he made a motion and didn't get a second. Chairman Bennington said he was sorry. Mr. Opal said, oh, you forgot already, it's not on record. Susan Mista said Mr. Opal made a motion at the last meeting. Mr. Opal said, no, at the last meeting, that's the one I'm talking about. Mr. Opal said he made one earlier to deny this. Chairman Bennington said for Mr. Opal to~@ake his motion. Mr. Opal said we're talking about last week, the motions Mr. Chenoweth made. Chairman Bennington said he was making a motion and he wanted to clarify what was in his motion last week. Mr. Opal said he made a motion too and nothing was mentioned. Chairman Bennington said they were not discussing his motion last week. He asked Mr. Opal why he wanted to sit here and disrupt everything. Mr. Opal said he was not disrupting everything. He wanted to put things in perspective where they should be. Chairman Bennington asked Mr. Opal if he cared to make a motion. Mr. Opal said he made a motion to deny it because it does not conform to the Comprehensive Plan. Chairman Bennington said Mr. Opal has a motion on the table that it does not conform to the Comp- rehensive Plan, and that was reference item what. Mr. Opal said item #6, Housing 1981. He said he don't care if it's a memo or a directive or what, but they were informed, everyone, and if it was changed, then your ordinance 82-0-3 is what changed it and that's illegal, I learned that already, I brought this issue up Monday night at the Council meeting. Mr. Opal said three councilmen railroaded it through - emergency OrdERnce with three signatures, you need four, so we go back to the old Ordinance. Chairman Bennington asked if anyone cared to second Mr. Opal's motion that it does not comply with the Comp Plan. Mr. Opal said Comp Plan page 3, item 6. Chairman Bennington advised the Board that the motion Mr. Opal is making is not page 3 of the Comp Plan, that is not the Comp Plan. Mr. Opal said he has it, they probably changed it in there since, but he has it right here. Chairman Bennington said the Comp Plan is laid out by chapters, with chapter number - page number. There is no page 3. Chairman Bennington advised Mr. Opal that he was not instructed by the Council to determine compliance to a memo from Mr. Henderson. He said he was advised to determine compliance to the Comp Plan. Mr. Opal said that was what he was doing now. Chairman Bennington asked Mr. Opal if he would like to restate his motion. Mr. Opal said he denied the conformity of the Comp Plan according to this letter of May 14, 1981, page 3 in Housing, 1981. Chapter 6, prevent unplanned residential development in areas reserved for industrial and commercial uses. Chairman Bennington called for a second to Mr. Opal's motion. Motion died for lack of second. 8 Planning Commission Meeting July 20, 1983 o o Mr. Chenoweth made a motion that the sketch plan be approved, that it complies with the R4 and Comprehensive Plan requirements. Mr. Finn seconded the motion. Mr. Quaggin questioned after the motion regarding the memo to the Mayor and Council from the Zoning Commission requesting a moratorium on the 880 Ordinance. There were two members of Council at the meeting. Councilwoman Bennington advised that the letter was turned over to the attorney, along with a request from the Industrial Board that a moratorium be placed on industrial land, nothing has been done as of yet. Councilman, Neil Asting, agreed with Council- woman Gigi Bennington. Mr. Quaggin stated that this ties in with Mr. Geil's request. Chairman Bennington said this is not industrial land. Council has not acted on the moratorium request and the present Ordinance is still valid at this time. Again, Chairman Bennington stated they were not here to determine whether Mr. Geil can or cannot build the apartments in there. They are to determine whether he complies with R4 zoning and the Comp Plan. The Board of Adjustments determines whether or not he gets his Special Exception. Mr. Opal said he is not in conformity with the zoning. It is inconsistent. Chairman Bennington told Mr. Opal he serves on this Board, he has a book, he can read it, it is in compliance with the zoning. He asked Mr. Opal if he is telling him that the Ordinance is illegal. Mr. Opal asked what Ordinance he was referring to, to which Chairman Bennington advised him Ordinance 80-0-69, where it says the construction of duplexes and multi-family dwellings, including townhouses and cluster developments are included as a Special Exception in the B3 district. Chairman Bennington asked Mr. Opal if he ever reads his book, also saying apparently he does not. Mr. Opal said yes, he reads it, don't tell me I don't read the book, but I don't write letters underhanded, try to eliminate people that you don't care to have on this Board. Chairman Bennington said, Mr. Opal if I had anything to do with eliminating you, you'd been gone a long time ago. Mr. Opal said, You would, personally you would and you're trying now again, now you're trying. Chairman Bennington said, And I'm not gonna stop trying and the longer you sit here and make an ass out of yourself, the easier it's gonna be. Mr. Opal said, Don't give me that BS, I happen to know what's going on. What you want me to do is vote according to you. Chairman Bennington said, I don't care how you vote or even if you stay on and don't vote. Mr. Opal said, That's right and you're frustrated about it. Chairman Bennington asked for any other questions. Mr. Hillerich asked for the height of the buildings, to which Mr. Gei1 replied, 25' to the gable, probably 24'. Motion CARRIED 4-1, Mr. Opal voting NO. Chairman Bennington advised that the next thing on the agenda was sent DO the Board by the department heads. David McCallister was granted a variance by the Board of Adjustments to construct a mobile home park on a piece of property that is approx- imately 2.6 acres. MH1 zoning starts on page 1558, Chairman Bennington advised. Mr. McCallister said there are no set plans for the MHI zoning so he went to the engineers and asked them to draw up a plan for the Board to see what he has proposed. He then gave the members a site plan of what he proposed. He said the entrance may be moved to the west side, rather than the center. Chairman Bennington advised that he drew in all the setbacks required on the plans, which left a footprint of how big a mobile home could be situated on the lots. The smallest would be 27' x 75' long, which would be a pretty large mobile home. The parking requirements don't seem to be any problem. Mr. McCallister said there would be individual meters, individual garbage pick-up, and have a neat and orderly place. As owners, they can control the whole thing. 9 Planning Commission Meeting July 20, 1983 o o Mr. Chenoweth made a motion that the plan fully complies with the MHI zoning and should be approved. Mr. Finn seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. Opal said he wanted to bring up the letter Chairman Bennington sent to Council. He said Chairman Bennington sent a letter unbeknown to any member on the Board and made a fervent plea to remove two people because they couldn't see eye to eye with him. Mr. Opal said he got the letter Chairman Bennington sent and also the one Mr. Geil sent, both letters written on Wednesday, July 13th. You complained to the Council that we're not doing our duty and by voting no, in other words, we were eligible to be replaced by somebody else. And of course, you know you can't do that, you should've gone through the proper procedure, if you got any charges to file, you should file your charges, and theres a public hearing to follow, and you didn't do that, you're going direct to the Council without any approval from this Board to replace the two men that you think don't fit in to your scheme of thinking. Now I happen to know a lot thats going on here and of course this is not the first time that you've done it, you've done it to me alone, and now you'd like to remove two people because they don't follow by it. Mr. Quaggin has a mind of his own and he votes no, I vote no, theres no reason to try to remove us from the Board by writing to the Mayor and Council. Whether you succeed or not behooves me very little because I know the course of action I can take now and that's been brought up, and as Chairman there's things that you don't put in the record, they're not in the record. And when I bring things up that are questionable, you don't like that, all you tell me is you're going by the book and the Zoning Ordinance that you brought up last week, I challenged that Monday night at the Council and the attorney, he's playing games with me by dividing one individual into parts, 3.3 parts, you need 4 people to pass an emergency Ordinance, not 5, the state statute tells you that, our Charter tells you that, it's right in our book on page 16 and tell me that 3 passes an Ordinance and I say it's ililiegal because that can be taken to Court. Mr. Opal went on to say he has enough evidence here to prefer charges against Chairman Bennington with; the Ethics Commission. Chairman Bennington told Mr. Opal he knew their address. Mr. Opal said he knew their address, he wrote to them already, he knows their address and everything, he's been there. Mr. Opal said, You don't have to tell me about any of that. And when I got something here, and you're violating, I'm gonna hold you for it. Your method, underhanded method of writing to the Council to remove 2 people, we're two good citizens, we're righteous citizens and we're here to do our duty and if we disagree with you and you want to remove us, forget it. That's not the way you go about the procedure. Chairman Bennington asked Mr. Opal to read the part where he advised about two of them being removed. Mr. Opal said he was referring to the two people voting no, but you didn't say anything about the 3 people that voted no on the Board of Adjustments. Susan Mista then read the letter Chairman Bennington sent to Council to the Board members: At the last Planning Commission meeting on July 12, 1983, the agenda included an application for sketch plan approval by Luis C. Geil for a mulit-family 108 apartment complex to be constructed on West Marion Avenue. This property is zoned B3 and R4 and Mr. Geil is scheduled on the Board of Adjustment's agenda for their July 14, 1983, meeting, requesting a Special Exception to allow multi-family residences in the B3 zone. There were four members present at this meeting. Mr. Chenoweth made a motion that this plan complied with the R4 zoning requirements and the Comprehensive Plan. It received no second. Mr. Opal then made a motion that said plan complied with the R4 zoning requirements but the Comprehensive Plan needed more study. There was no second to his motion. I advised the Board that they had had this plan for almost two weeks, that a public hearing is scheduled by the Board of Adjustments for Thursday, July 14, 1983, 10 Planning Commission Meeting July 20, 1983 o o regarding a request for a Special Exception and the Board of Adjustments could not act on this matter without the recommendations from the Planning Commission. I questioned the members as to how much time they felt they needed. Mr. Chenoweth remade his motion and I, as Chairman, seconded the motion pending legal opinion as to whether or not I had a right to do so. The motion failed 2-2. Mr. Opal and Mr. Quaggin voting NO. Both Mr. Opal and Mr. Quaggin were asked why they felt this plan did not comply with the Comp- rehensive Plan. The only answer was from Mr. Opal stating that it needed further study. I then advised the Board that it was our responsibility to determine compliance with the Comprehensive Plan and that this responsibility cannot be passed onto someene else. I also advised them that if they did not care to perform their dut~es, perhaps the Council would appoint someone who would. Chairman Bennington asked the people who were at that meeting if they heard anything in that letter that did not happen at that meeting. Mr. Quaggin said he was picking on him. Chairman Bennington said he did not pick on him, he only stated to the Council, because that was going to the BoaFd of Adjustments and was going without a recommendation, yes or no, as to the facts of what happened. Mr. Quaggin said he was not being fair with him. Chairman Bennington said he was not taking offense to his vote, he was just telling the facts. He said he read into the record facts as to why it did comply, there were not facts as to why it didn't comply. You have to say why it does or does not comply with the Comp Plan. Mr. Quaggin said he did not agree with the last statement in the letter. Chairman Bennington said he was not taking offense to his NO vote.' Mr. Opal said he did, why did you write the letter. Mr. Quaggin said he was new, he has a lot to learn, but if he isn't given a fair shake, he won't learn. It was his intention to come here and do a good job. He wishes that when the site plans come up they have an opportunity to go out and see the site, check them out, but when he gets them on Monday afternoon and theres a meeting on Wednesday, he has no chance. Susan Mista advised she had called him all day Friday. He said he didn't get them until Monday. Chairman Bennington said this particular package was on the agenda for the meeting that was cancelled and it was a week later before it went before the Board, that's why he said approximately 2 weeks. Mr. Quaggin asked why they weren't given a week or two. Chairman Bennington said they have to be in 7 days prior to the meeting. The packets are given out Thursday, which gives them part of Thursday, Friday, Saturday, Sunday, Monday, Tuesday and Wednesday to go through the plans. Chair- man Bennington reiterated that he was not taking offense to his vote, he was merely explaining to the Council why they did not give the Board of Adjustments a recommendation of compliance with the R4 and Comp Plan. Mr. Opal said h~s point is why is Chairman Bennington writing letters to the Council. Mr. Opal said, your intention is to get me removed, you attempted it once before, now if you have anything, why don't you prefer charges. Your by-laws tell you-you violate the by-laws, you even violated last Tuesday when you seconded the motion. Chairman Bennington said the by-laws don't say whether you can second a motion or not. Mr. Opal said after we voted 2-2, you apologized so ruefully to the man, Luis Geil, you did the best you could but you shrugged your shoulders. Chairman Bennington said the tape won't say I did the best I could. Mr. Opal said, oh yes you did. Mr. Opal said he would get the tapes, Mr. Bennington said he wouldn't have to, we voted to get him verbatim minutes. Mr. Opal said, if you want to get rid of me off of this Board, all you have to do is prefer charges and you'd better have good ones. You've been and you are and tonight you admitted you'd like to get rid of me. Chairman Bennington said, I certainly would, I will not deny it. Mr. Opal said, you're subject to most anything, and you'd better be on notice for that because you've already convicted yourself. Mr. Opal said as far as he was concerned he would even vote to remove him as Chairman because hes not conducting himself properly. Chairman Bennington told Mr. Opal to make a motion. Mr. Opal said he won't go up to the Council and tell them one thing and then laugh behind your back, like you did. 11 Planning Commission Meeting July 20, 1983 o o Mr. Quaggin asked to meet Mr. Hillerich, the alternate member of the Board. Chairman Bennington introduced Mr. Hillerich to the members. Mr. Quaggin suggested they elect a Vice-Chairman since they have a full attendance. Chairman Bennington nominated Mr. Chenoweth. Mr. Quaggin nominated Frank Opal. No seconds were made. The vote on Mr. Chenoweth for Vice-Chairman was 3-no, 2-yes. The vote on Mr. Opal for Vice-Chairman was 3-yes, 2-no. Mr. Opal was elected Vice-Chairman. Mr. Quaggin made a motion to adjourn the meeting. Mr. Finn seconded the motion. Mr. Opal then went into more discussion concerning he and Chairman Bennington. Meeting was adjourned at 9:55 P.M. Minutes submitted by: Susan Mista 12 Planning Commission Meeting July 20, 1983 .... ... o o Date 94-1 c:jiJ) /fJ'3 g...:;;. 4-\ \ ,~ I ~ ~.~ ~.~~ '>~ . ~ ~ .S .~ ~ .~~~, ~ ~ .z-- {'tv :(-3 3-2.