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07-12-1983 " o o CITY OF EDGEWATER Planning Commission Regular Meeting July 12, 1983 Minutes Chairman Bennington called the regular meeting to order at 7:03 P.M., in City Hall. ROLL CALL Members present: Messrs. Bennington, Opal and Chenoweth. Also present: Mr. Garthwaite, Mr. Wetzel, Mr. Loeffler, Mr. Geil, Mr. and Mrs. Ogram, Councilwoman Gigi Bennington, JoAnne Prince, and secretary, Susan Mista. Mr. Quaggin arrived at 7:08 P.M. APPROVAL OF MINUTES Moved by Mr. Chenoweth and seconded by Mr. Opal to approve the minutes of the June 15, 1983, meeting. Motion CARRIED 3-0. SITE PLAN REVIEWS SP-8312 - Consolidated Contractors - Paul Zimmerer Mr. Paul Loeffl er was present representi ng Mr. Zimmerer. Chairman Bennington asked Mr. Loeffler who R. B. Richardson is, to which Mr. Loeffler advised he is an architect out of Sanford. Chairman Bennington stated the seal does not say, it only has his name on it. Mr. Loeffler said he is the draftsman, not the architect. Chairman Bennington stated that the stamp does not indicate anything other than the name, R. B . Richardson, not indicating who this man is or what his title is. Mr. Opal advised that he had to have driveway permits from the County. Mr. Loeffler said he did not know he had to have them, but he would get them. He stated there would be a driveway at both ends of the lot. Chairman Bennington referred to the department head comments, wherein the Ch~ef of Police questioned whether emergency vehicles could get behind the building. The Chief also asked about the provisions for water retention. Chairman Bennington questioned Mr. Loeffler as to whether or not these two items were in the same place. Mr. Loeffler went into detail on the plan, explaining to the Chairman that they wer.e not, in fact, at the same location. Chairman Bennington advised that the Fire Department has requested a hydrant be inst~ll~d, the Chief of Police has requested security lights be installed - probably in the back corners of the property. Mr. Loeffler said he would comply with whatever they requested. Regarding the comments by the Public Utilities supervisor, Chairman Bennington advised that he would need to indicate the water meter location on the plans. Chairman Bennington advised Mr. Loeffler that he would need four more things before he could receive approval of his plans: driveway permits from the County, an architect's seal for the building lay-out, security lights and water meter location. Mr. Opal made a motion that the plan be tabled until these four require- ments are met. Mr. Chenoweth seconded the motion. Chairman Bennington then mentioned that the parking is not adequate. There needs to be 20' feet behind the parking spaces for backing out and the loading and unloading areas are not shown on the plan. o o Mr. Opal amended his motion to include requirements be met concerning the parking areas and loading and unloading areas. Mr. Chenoweth amended his second. Motion CARRIED 4-0. SP-8313 - C. Leslie Ogram Mr. Ogram was present to discuss his plans. Mr. Opal stated that the elevation varies on this piece of property. There are five elevations there and it is wetland and swamp. Chairman Bennington questioned Mr. Ogram if this had a one-way driveway, to which Mr. Ogram replied, not necessarily. Chairman Bennington advised Mr. Ogram that the driveways must be 20' for single access and 241 for dual access. Mr. Ogram stated he would remove one of the trees on the property to provide more space fnr the other driveway. He suggested that possibly some of the parking spaces could be elimin- ated to provide for the driveway requirements. It was determined that Mr. Ogram could, in fact, eliminate some of the parking and meet the requirements for the driveway. Chairman Bennington advised Mr. Ogram that he would need to provide them with a sealed set of plans before final approval was granted. Mr. Opal questioned Mr. Ogram as to where the water wi 11 run to for retention. Mr. Ogram explained this to Mr. Opal on the plans. He questioned Mr. Ogram as to the number of loads of fill that will be needed, to which Mr. Ogram replied that he did not know at this time. Mr. Opal stated he would need a lot of fill due to the fact that the elevation is so uneven. Chairman Bennington advised that the Public Works Supervisor has requested that the garbage and trash containers be moved to the front of the building to provide access for emergency vehicles in the rear, the police have asked for security lights to be installed. Mr. Ogram showed Chairman Bennington the location of the security lights on the plans. Mr. Chenoweth made a motion that the plans be approved for final, subject to Mr. Ogram complying with the above-mentioned three items: the garbage and trash containers be moved to the front of the building, the driveway requirements are met, and he furnish an architect's sealed set of plans. Motion died for lack of second. Mr. Opal made an alternate motion that this plan be tabled until the three items are rectified and more information is provided concerning the land fill that will be going in. Motion died for lack of second. Mr. Chenoweth remade his previous motion, this time stating that the plans be approved for preliminary and not final approval. Mr. Opal seconded the motion. Motion CARRIED 4-0. SP-8219 (Rev.) Luis C. Geil Mr. Geil was present to discuss his sketch plan. Mr. Geil advised the Board that he was in before with sketch plans for townhouses, these are now changed to apartment buildings. Chairman Bennington explained to the Board that it was their job to tell Mr. Geil whether or not his plans comply, if he is granted a Special Exception by the Board of Adjustments for allowing multi- family in the B3 zone. He then read the letter from the Zoning Commission concerning their request that a moratorium be placed on future requests for the Special Exception Rule during the process of changing certain portions of the 880 Ordinance. He advised the Board that this does not concern this Board as to whether or not Mr. Geil is granted his Speical Exception. -2- Planning Commission Meeting July 12, 1983 : Q ~ Mr. Geil said it was his understanding that the B3 applied to the property along U.S. 1 and not necessarily the side streets and this is what he wanted to discuss with the Board. Mr. Opal said that R4 would apply also and he felt the sketch plan was inconsistent with the zoning of the property. Chairman Bennington advised Mr. Opal that it was not the~r concern. They are only concerned with whether it will comply if he is granted his Speical Exception. Mr. Opal said that any approval by them is premature. Chairman Bennington said that is not true, the Board of Adjustments will not hear it until the Planning Commission decides whether or not it meets the requirements. Mr. Geil advised that B3 along U.S. 1 will remain B3. Mr. Opal ques- tioned Mr. Geil as to whether he wanted the B3 changed along Marion, to which Mr. Geil replied, yes. Chairman Bennington explained that the Board does not get into sketch plans very often. It is just a basic drawing showing the location of the building, wanting to know if this will comply with R4 zoning, provided he is given his Special Exception. That is all this Board is to do. Regarding the department head comments, Chairman Bennington advised that a topo will be required, plans by an architect will be required, driveway permits will be required, if needed; fire department says they want 3 hydrants in the apartment area and 2 in future commercial area; police department wants street lights submitted in compliance with the 911 plan; public works wants a detailed lay-out, showing drainage and adequate retention areas - all of these items must be provided if and when the Special Exception is granted. Chairman Bennington advised the Board that what they have to do is determine whether this complies with the R4 zoning and the Comp Plan, if he is granted the Speical Exception. A discussion then ensued concerning the maximum length of the building that is required by the Southern Building Code; the emergency access areas; setbacks - front, back and side yards; parking facilities; land- scaping plans; size of the apartments; lay-out of the streets; storm- water drainage - that will be considered after Mr. Geil is given the IIgo aheadll; moratorium on Special Exceptions - wherein it was decided that there was no moratorium at the present time-pending legal opinion. Chairman Bennington stated that although land is zoned B3, they are looking at R4 to answer the questions as to whether or not he complies with the requirements. Mr. Opal stated he was not going to vote on the sketch plan. He said it was going to the Board of Adjustments and find out what they will do before a vote is taken. He felt this was premature. Chairman Bennington said it was not premature, this is what their job is to tell them whether it complies or not so it can go to the Board of Adjustments. Mr. Opal said he would not tell the Board of Aqjustments it was OK. He said it was rezoning. Chairman Bennington said the Board of Adjust- ments still have the policy they will not hear it until it passes the Planning Commission. Mr. Wetzel, Chairman of the Board of Adjustments, agreed with that statement. Chairman Bennington then read from the Comp Plan book in reference to this plan regarding discouraging strip development along U.S. 1 of commercialized zones. A discussion then ensued regarding what was read by the Chairman from the Comp Plan. Chairman Bennington then stated that he felt the plan complies with the Comp Plan. He felt the most logical thing to do would be for the Zoning Commission to rezone this property, however, he said it meets all the requirements of the Comp Plan. He told the members that they may hate the whole idea, that is their personal opinion, they can voice their opinions at the public hearing before the Board of Adjustments. Their job here is to vote whether or not it conforms, if he is granted the Special Exception. -3- Planning Commission Meeting July 12, 1983 ::' o o Mr. Opal stated he didn't care whether or not it conforms to R4, to which Ohairman Bennington told him that was what he was here for. Mr. Opal said that was up to the Board of Adjustments. Chairman Bennington told him it was up to him, it was his job, he is on the Planning Commission to vote whether or not it conforms to R4. Mr. Chenoweth made a motion that the sketch plan complies with the R4 and Comp Plan requirements, provided Mr. Geil is given Special Excep- tion by the Board of Adjustments. Motion died for lack of second. Mr. Opal said that the Comp Plan needed to be studied a lot more. Chairman Bennington asked the members how long they had had their package. Mr. Opal said it complies with R4 only. Chairman Bennington advised that it has to comply with the Comp Plan before it goes to the Board of Adjustments. He said the Ordinance established this Board giving them the duty of determining compliance with the Comp Plan - it cannot be put off on someone else. Mr. Opal said it does not comply with the Comprehensive Plan, it has to be studied some more. He then made a motion to approve conformity to R4 as it is now and the pre-conditions as far as the Comprehensive Plan, that shoulid be studied. Chairman Bennington asked him who should study it. Mr. Opal said to let the Board of Adjustments do it. Chair- man Bennington said it was not their job - it is this Board's job. Mr. Chenoweth told Mr. Opal that he didn't feel progress shoul!d be impeded, that this corporation should not be delayed because of this Board's unwillingness to give them approval. Mr. Opal said to OK it for complying with R4 but it is questionable as to whether it complies with the Comp Plan. Chairman Bennington advised that Mr. Opal's motion was fine, however, it will not accompl ish any- thing. He is not approving or denying in the motion. Mr. Opal said it was premature and he would stand on those grounds. Chairman Bennington then read from the Code Book regarding the Ordinance that established the Planning Commission, their powers and duties. Item 1: The Commiss- ion shall have the primary responsibility f~ determination that land development orders and land development regulations are consistent with the Edgewater Comprehensive Plan. He told Mr. Opal that means you - nobody else determines whether this complies with the Comp Plan or not. He said he has had it two weeks and he hasn't determined if it complies or not, then he would have to vote that it doesn't comply. Mr. Opal said right now it doesn't comply. Mr. Opal's motion died for lack of second. Chairman Bennington asked Mr. Quaggin what he thought about whether or not it complied with the Comp Plan, to which Mr. Quaggin replied, not that much. Chairman Bennington advised Mr. Geil that they were stuck at an impass until this Council decides to put somebody on this commission that is willing to do the work, to do the job. He said he could only advise the Board of Adjustments that there was no action taken on this case. Mr. Opal stated the plan doesn't conform to the Comp Plan. Chairwoman Bennington asked Mr. Opal why, in his opinion, it does not conform. Mr. Opal asked her why she should question him why - stating he is on the Board. He reiterated that it was too premature for him to go ahead and vote on this project, period. Mr. Chenoweth made a motion that the sketch plan conforms to the R4 zoning and it is in conformity with the master plan and that it be approved. Chairman Bennington seconded the motion, subject to legal ruling that it is a legal second, stating the by-laws do not say, one way or the other. Chairman Bennington and Mr. Chenoweth voted YES. Mr. Opal and Mr. Quaggin voted NO. Chairman Bennington advised Mr. Geil that he did not know what to tell him but that he would get in contact with the City Attorney tomorrow to find out how they proceed from here concerning this matter. -4- Planning Commission Meeting July 12, 1983 o o COMMUNICATIONS Chairman Bennington read the letter from the Zoning Commission, request- ing that the Planning Commission check to see if the application for rezoning from JoAnne Prince, as agent for Daniel J. Anderson, complies with the Comp Plan. Ms. Prince was present to discuss this case. Mr. Opal made a motion that the application for rezoning by JoAnne Prince, as agent for Daniel J. Anderson, be rejected because it does not comply with the Comp Plan. Chairman Bennington seconded the motion for sake of discussion. Chairman Bennington asked Mr. Opal why he thought it did not conform. Mr. Opal said he heard there is only a 2" water line there and that would be too small for multi-family residences. Chairman Bennington read from the Comp Plan wherein the developer can be requested to pay for extensions of the water system. Chairman Bennington advised that it probably does not comply, that the piece is in the middle of single family zoning, at which time he then read again from the Comp Plan concerning this matter. JoAnne Prince explained to the Board that they are considering only 8 to 10 units on this property, that this property is boarded by B3 on the highway, there is a house on one side of the property that has been used as a duplex in years past, there is a Jiffy Store on the corner and a restaurant, R2 zoning goes down Park Avenue. It was her opinion that single family housing was unsuitable for this area. Chairman Bennington said it was his opinion that that small parcel of land, if rezoned, would be considered spot zoning. He said he doesn't feel it complies with the Comp Plan, it is incompatible to the land use plan. After roll call, motion CARRIED 4-0. MISCELLANEOUS Chairman Bennington read the letter from the secretary, Susan Mista, concerning the request by Mr. Earl Wallace that the Preliminary Site Plan Requirements list be changed under item 11 to require one set of sealed plans for approval, rather than two. After a brief discussion by the members, it was decided that the list remain the same, requiring the two sets of sealed plans. Chairman Bennington read the letter from the secretary, Susan Mista, concerning the case of the Southeast Bank, wherein the facility at 1813 Ridgewood Avenue was given permission to put up a temporary structure for two years, at which time they were to remove the tempor- ary structure and/or construct a permanent structure in its place. The City sent a letter to Mr. Sikes of the bank, advising him that something needs to be done regarding this matter. Mr. Sikes is asking to be put on this Board's agenda, either on July 20th - at which meeting he will not be ab}e to attend - or if he can wait until the August 3rd meeting, which he can attend and will bring with him a letter requesting an extension of time. It was the Board1s decision that Mr. Sikes must be present at the meeting and should wait until the August 3rd meeting to attend. Concerning the matter of appointing a Vice-Chairman to the Board, some members felt this matter should be addressed after Mr. Finn returns from his vacation. He should be allowed to vote and even run for this position, should he desire to do so. Mr. Opal made a motion to adjourn the meeting, seconded by Mr. Chenoweth. Motion CARRIED 4-0. Meeting was adjourned at 9:25 P.M. Minutes submitted by: Susan Mista -5- Planning Commission Meeting July 12, 1983 , ~ o Q \ I?&IJIJI~ CtJ/ll/JU~/} /J&dI~ :/JO ~a :;... '- ::J--~ . .,-