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02-16-1983 Q o .. PLANNING COMMISSION MEETING February 16, 1983, 7:00 PM Minutes Chairman Bennington called the meeting to order at 7:06 PM in the Planning Office in City Hall. SWEARING IN OF NEW MEMBER Mrs. Wadsworth, Deputy City Clerk, was present to swear in Mr. Lyle Chenoweth, the new alternate member. ROLL CALL Members present: Messrs. Bennington, Hetu, Opal, winter, Finn and Chenoweth. Mrs. Winks was also present. APPROVAL OF MINUTES Moved by Mr. Winter, seconded by Mr. Hetu, to approve the minutes of the February 2, 1983 meeting as submitted. Mr. Opal asked that a sentence be added to the last paragraph concerning SP-8302 stating, "There was no effort made to check into the project that I requested". Mr. Bennington felt that this should not be added to the minutes, that it could be stated at this meeting. Mr. Opal stated that he wanted it checked out, and he hasn1t received anything on it. Mr. Hetu stated that it was too bad. Mr. Opal asked that the record show that its "Too bad". Upon roll call the motion CARRIED 5-0. Mr. Benning'ton asked for a motion to approve the minutes of the February 9, 1983 Special Meeting. Mr. Opal asked why the minutes were printed verbatim and why they went to Council. Moved by Mr. Hetu, seconded by Mr. Winter, to approve the minutes of the February 9, 1983 Special Meeting as submitted. Moved by Mr. Opal to amend this motion to include why they were done verbatim. This motion DIED for a lack of a second. Upon roll call the motion to approve the minutes of the February 9, 1983, Special Meeting as submitted CARRIED 4-1. Mr. Opal voted NO. SITE PLAN REVIEW SP-90, JLR Enterprises, 328 No. Ridgewo'od, B-3 ,Amended Site Plan Mrs. Juanita Raffeto, half owner of JLR Enterprises was present to discuss her amended site plan. Mr. Bennington read the letter received from them asking that the planting area be dispensed with due to large trucks delivering to the building. It also stated that Chief Baugh agreed that a planted area would create a traffic hazard. Mr. Bennington stated that he had talked with Chief Baugh and he felt from a safety viewpoint the planter would create a hazard in that large trucks would have to make the turn from the fast lane of U.S. 1. Mrs. Raffeto shows on the amended site plan a retaining wall on both sides of the property. Mr. Winter felt that we should take the recommendation of Chief Baugh and grant approval to dispense with the planting area. Moved by Mr. Winter, seconded by Mr. Hetu, and CARRIED 5-0, to approve the amended site plan on the recommendation of Chief Baugh, and Mr. MurphYi that they submit their recommendations in writingi and the retaining wall is not necessary as it would probably be destroyed too. COMMUNICATIONS Mr. Bennington read the letter from: ,Mosqui to ControL'pertaining to a di tch near Palmetto. Mr. Henry Bartlett had written them asking for their opinion on the ditch as he is planning on building apartments in that area. Mrs. Winks noted that Mr. Bartlett has not been in regarding any apartments at the dead end of Palmetto. , o Q Mr. Bennington noted the letter from Mr. Wadsworth pertaining to the flows to water and wastewater plants. Mr. Bennington suggested writing a letter to Mr. Wadsworth thanking him for the information noting that it was exactly what we had in mind. OLD BUSINESS Mr. Alvarez' reply to the Planning Commission's letters on Site Plan Variances and 81-0~4/81-R-77 have not yet been received. Annexation Mrs. Winks noted that she had received a letter from Mr. Alvarez that he would be attending the March 16, 1983, meeting to discuss the Fong/Rankin annexation. Mr. Hetu felt we need a map showing the water and sewer lines at the south end of the City to show how far the lines go. Mrs. Winks will request a map from Mr. Wadsworth. Mr. Clark will be supplying a map showing each property owners land and any buildings on the land involved. The meeting was recessed at 7:43 PM for a break. Chairman Bennington called the meeting back to order at 7:52 PM. Sealed Plans The members noted that they had read the replies to Mrs. Winks letters pertaining to sealed plans. , Everyone felt that the information received was very interesting, but still was not specific in answering our question. Mr. Bennington stated what the state law specifies that any building over $25,000 must have an architect seal on it, but then it states the inciden- tals to an engineer and an architect. That is the question we need answered, what is incidental to an engineer and an architect's realm of responsibility. There was much discussion on the information and different cases that was received. Board of Adjustment Variance and Special Exception Granted Mrs. Winks noted that the Board of Adjustment granted a Special Exception to allow the Adult Congregate Living Facility in the R-5A zone; they also granted a variance to Mr. Fagg Shawver, Casa El Toro Lounge, to allow his frontsetback on the addition to be 15 feet 4 inches. Mrs. Winks passed out Permitted Uses listed by Zoning. Landscape Ordinance and Tree Ordinance It was decided to review these ordinances instead of scheduling a meeting. Mr. Bennington noted a change to the first sentence of the Landscape Ordinance to read, "Whereas the City of Edgewater recognizes that landscaping provides many advantages toman, including esthetic, environmental and"... On the Tree Ordinance the scale of the diagram should be changed to one inch equals 20 feet. Mr. Winter suggested adding a Section 6 to the Ordinance. It will read as follows: "Anyone who does not conform to any of the preceding regulations shall be subject to penalty by the Code Enforcement Board. II Moved by Mr. Winter, seconded by Mr. Hetu, to recommend to Council that the Landscape Ordinance with the above changes made be adopted. Upon roll the motion CARRIED 5-0 Mr. Winter stated that the first sentence of the Tree Ordinance should be as follows: IIWhereas the City of Edgewater recognizes that trees provide many advantages to man, including esthetic, environmental and...". Under the heading "Application of Tree Removal Permit, (2) should be changed to read: IIName, signature, address, and telephone number of property owner and, abutting property owners who may be affected, and a survey taken of the subject property." There was a discussion on IteT(l (6) about the 25% crown cover in ten years, and on whether to add Citrus trees to the excluded list. A new paragraph should be added to the end of this Ordinance which Planning Commission Meeting February 16, 1983 Page 2 ~ o o states: "Anyone who does not conform to any of the preceding regulations shall be subject to penalty by the Code Enforcement Board". Moved by Mr. Winter, seconded by Mr. Hetu, and CARRIED 5-0, to recommend to Council that the Tree Ordinance with the above changes be adopted. Zoning Appendix Changes Mr. Bennington noted that at the February 14, 1983, meeting of the Zoning Commission, it was discussed that they feel Planning is doing Zoning's work. Mr. Bennington noted that Council wrote the ordinance stating the powers and duties of each Commission, and until it is changed the Planning Commi- ssion will follow it. Mr. Bennington asked Mr. Opal to restate his question on the minutes and it would be answered. Mr. Opal asked what the motive was behind having the minutes verbatim of a special meeting and sending them to Council. Mr. Bennington noted that sending copies to Councilmen is automatic when the minutes are prepared. He also stated that they were verbatim so there would be no questien astQ~~wh:a:t~::p.apftened a:t~the2:meeting_': _Mr.! Opal stated that there was only three people at the meeting and it was started late, and he asked to be excused. He stated that not much could be done with three people. Mr. Bennington noted the events of the Special Meeting. Mr. Hetu stated that when Mr. Opal left the meeting, it could not be continued as there wasn't a quorum. Mr. Winter noted that he did arrive, but a note was on the door that it had been adjourned. The meeting started late, after phone calls were made to Mr. Chenoweth, who was ill, and Mr. Winter, who was on his way. Mr. Winter feels that if you are on a board you should be dedicated to it, and if there is a meeting you should be present, not at another meeting of the City. Mr. Opal stated that the motive was that he was not wanted on the board. Mr. Opal does not agree with the By-Laws in that a majority of the quorum can pass an application. Mr. Opal asked to talk about Casa El Toro, there was no objection from the other members. He stated that he wanted more information as to why it had been denied before and nothing was done to get any more information. Mr. Bennington stated that it complied wi ththe Zoning Ordinance except for the setback and that was sent to the Board of Adjustment. Moved by Mr. Winter. to ask Council to rescind Mr. Opal's commission as a member of the Planning Board, as he feels Mr. Opal doesn't want to be on the Planning Board based on the minutes of the Special Meeting. Mr. Hetu seconded the motion based on the minutes of the Special Meeting and tonight's meeting. Upon roll call the motion CARRIED 4-1. Mr. Opal voted NO. NEW BUSINESS Mr. Hetu submitted his letter of resignation due to his wife's illness. The meeting was adjourned at 8:55 PM. Minutes submitted by: Debbie Winks Planning Commission Meeting February 16, 1983 Page 2