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04-21-1982 #-.... -, u u .. -- \, .. CITY OF EDGEWATER PLANNING COMMISSION MEETING MINUTES APRIL 2h 1982. 7:00 P.M. CHAIRMAN NOLAN CALLED THE REGULAR MEETING TO ORDER AT 7:05 P.M. IN THE COMMUNITY CENTER. ROLL CALL MEMBERS PRESENT: MESSRS. NOLAN, BENNINGTON, WINTER, TOWERS, HETU. MR. YACKEL WAS EXCUSED. ALSO PRESENT: MR. HENDERSON, CITY ATTORNEY APPROVAL OF MINUTES MR. HETU MOTIONED TO APPROVE THE MINUTES OF THE APRIL 7TH MEETING, WHICH WAS SECONDED BY MR. TOWERS. MR. BENNINGTON REQUESTED THE MINUTES BE CORRECTED TO INDICATE THE MINUTES OF MARCH 17TH HAD NOT BEEN APPROVED. THE MOTION CARRIED 5-0. MR. BENNINGTON MOTIONED TO APPROVE THE MINUTES OF THE REGULAR MEETING MARCH 17, 1982, WHICH WAS SECONDED BY MR. WINTER. MOTION CARRIED 5-0. SITE PLAN REVIEW SP-8201 - PRELIMINARy/COMPLY WITH COMPREHENSIVE PLAN - LUIS C. GEIL - 232 UNIT MULTI-FAMILY SUBDIVISION. 'PELICAN COVE WEST'. 2124 S. RIDGEWOOD AVE.. R-3 COUNTY MR. JAMES C. CARDER, LUIS C. GEIL AND ATTORNEY PAUL KATZ WERE PRESENT TO REPRESENT THE PROJECT. MR. NOLAN REVIEWED THE DEPARTMENT HEAD COMMENTS REGARDING THE REVISED DRAWINGS, ALONG WITH THE LETTER FROM THE CITY ENGINEERS. MR. BENNINGTON QUESTIONED FALCON AVE. BEING A COLLECTOR STREET VERSUS A LOCAL STREET; THE SETBACKS ON THE CORNER LOTS; STREETLIGHTS AND SIDEWALK AREAS. MR. WINTER QUESTIONED LOTS SIZES AN~ THE OPEN SPACE REQUIREMENT. MR. HETU NOTED THE APPLICANT HAD SUBMITTED A VARIANCE APPLICATION, AND MR. TOWERS STATED THE ADDITION OF SIDEWALKS COULD BE A LONG TERM MAINTENANCE PROBLEM FOR THE CITY. A LENGTHY DISCUSSION CONCERNING THE MAIN THOROUGHFARE THROUGH THE SUBDIVISION FOLLOWED. MR. HETU MOTIONED TO CONSIDER 'FALCON AVENUE' A LOCAL STREET, WHICH WAS SECONDED BY MR. TOWERS. UPON ROLL CALL THE MOTION CARRIED 3-2. MR. BENNINGTON AND MR. WINTER VOTED NO. THERE WAS FURTHER DISCUSSION CONCERNING THE ACCESS ROAD BETWEEN THE SILVER RIDGE SUBDIVISION AND THE PROJECT FOR EMERGENCY VEHICLES. MR. CARDER STATED THE PRESENT EASEMENT IS ON THE SILVER RIDGE PROPERTY, HOWEVER HE WOULD AGREE TO LEAVE A TEN FOOT EASEMENT ON THE EAST SIDE FOR THE MOSQUITO CONTROL AND EMERGENCY ACCESS. CHAIRMAN NOLAN CALLED A SHORT RECESS. SINCE A VARIANCE APPLICATION HAD BEEN FILED, THE CITY ATTORNEY CLARIFIED THE PROPER PROCEDURES FOR THE COMMISSION TO FOLLOW. MR. BENNINGTON MOTIONED TO RE-OPEN THE PUBLIC HEARING OF APRIL 7, 1982 WHICH HAD BEEN CONTINUED AND TAKE TESTIMONY RELATIVE TO THE REQUESTS' OF THE VARIANCE, WHICH WAS SECONDED BY MR. TOWERS. THE MOTION CARRIED 5-0. MR. HOLAHAN, MR. COCHRAN, MR. PHINNEY AND MR. GARTHWAITE DISCUSSED AT LENGTH THE REQUEST FOR A VARIANCE FROM THE 110 FT. LOT DEPTH REQUIREMENT ON THE 83 LOTS WHICH DID NOT MEET THE REGULATIONS. SINCE MR. GARTHWAITE HAD QUESTIONED MR. TOWERS EMPLOYMENT BY MR. CARDER, FOR THE RECORD THE CITY ATTORNEY REQUESTED MR. TOWERS FILE A CONFLICT OF INTEREST FORM. THE COMMISSION FURTHER DISCUSSED THE LOT DEPTH REQUIREMENTS AND IT WAS STATED THE MINIMUM LOT SIZE OF 8,250 SQ. FT. AND 75 FT. LOT WIDTH HAD BEEN MET, AS WELL AS ALL SETBACKS. MR. CARDER HAD ALSO REQUESTED A VARIANCE FROM THE SIDEWALK REQUIREMENT SINCE THE STORM WATER RETENTION ORDINANCE RECOMMENDED SWALES AND IT WOULD ~BE DIFFICULT TO HAVE BOTH AT THE SAME TIME. THERE WAS FURTHER INPUT BY MR. HOLAHAN OPPOSING SIDEWALKS FOR ENGINEERING PURPOSES AND MR. PHINNEY SUGGESTED A BIKE PATH FOR PUBLIC TRAFFIC IN LIEU OF SIDEWALKS. CHAIRMAN NOLAN CLOSED THE PUBLIC HEARING. . ~ u v 4 . - ~ .~ ~ MR."HETU MOTIONED TO RECOMMEND TO COUNCIL TO GRANT APPROVAL OF THE VARIANCE FROM THE TERMS OF ARTICLE IX, SECTION B1 CONCERNING THE MINIMUM 110 FT. LOT DEPTH REQUIREMENTS. FOR THE_83_LOTS IN QUESTION, WHICH WAS SECONDED BY MR. TOWERS. MR. WINTER STATED THIS DID NOT COMPLY WITH ARTICLE X (PAGE 1735). UPON ROLL CALL THE MOTION CARRIED 3-2 WITH MR. BENNINGTON AND MR. WINTER VOTING NO. MR. TOWERS MOTIONED TO RECOMMEND TO COUNCIL TO GRANT APPROVAL OF THE VARIANCE FROM THE TERMS OF ARTICLE VIII, SECTION E CONCERNING THE SIDEWALK REQUIREMENT. UPON ROLL CALL THE MOTION DID NOT CARRY 3-2, WITH MR. BENNINGTON, MR. WINTER AND MR. NOLAN VOTING NO. MR; HETU MOTIONED ~HAT THE: PLANS WERE IN COMPLIANCE WITH THE COMPREHENSIVE PLAN AND TO GRANT PRELIMINARY APPROVAL OF SP-8201, REV. #3, WHICH WAS SECONDED BY MR. TOWERS. UPON ROLL CALL THE MOTION CARRIED 4-1, WITH MR. WINTER VOTING NO. A BRIEF RECESS WAS CALLED. SP-8212 - PRELIMINARy/FINAL. COMPLY WITH COMPREHENSIVE PLAN - WEAVER/ WHEATON - COMMERCIAL BUILDING ADDITION. 1730 HIBISCUS, B-2 MR. EARL GORDON AND PAT WHEATON WERE PRESENT TO DISCUSS THE PROPOSED BUILDING ADDITION. THE DEPARTMENT HEAD REVIEW WAS DISCUSSED REQUESTING SECURITY LIGHTS BE PLACED ON THE BUILDING, SCREENING OF THE GARBAGE AND DRAINAGE AREA AND LANDSCAPING. THE DEVELOPER STATED A FENCE HAD BEEN CONSTRUCTED AROUND THE PRESENT GARBAGE AND DRAINAGE AREA AND SUBMITTED A PICTURE; FLOOR DRAINS AND SECURITY LIGHTS WOULD BE ADDED AND A SKETCH OF THE LANDSCAPING WOULD BE SUBMITTED. MR. TOWERS MOTIONED TO GRANT PRELIMINARY AND FINAL APPROVAL OF THE SITE PLANS SP-8212, SINCE IT WAS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN, WITH THE STIPULATION SECURITY LIGHTS BE ADDED, FLOOR DRAINS BE ADDED AND A SKETCH OF THE LANDSCAPING BE SUBMITTED, AS RECOMMENDED BY THE DEPARTMENT HEADS. MR. HETU SECONDED THE MOTION. THE MOTION CARRIED 5-0. SP-8213 - PRELIMINARy/FINAL, COMPLY WITH COMPREHENSIVE PLAN - FRED VANZIN - 12 UNtT COMMERCIAL WAREHOUSE. 2504 HIBISCUS, B-2 ' MR. VANZIN WAS PRESENT TO DISCUSS THE PROPOSED PROJECT. THE BOARD REVIEWED THE DEPARTMENT HEAD REVIEW AND STATED THE PROJECT WAS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN. MR. BENNINGTON QUESTIONED THE GARBAGE COLLECTION AREA IN THE FRONT OF THE PROPERTY, WHICH WAS REQUESTED BY THE PUBLIC WORKS DEPARTMENT. MR. VANZIN AGREED TO PLACE THE LANDSCAPING AS INDICATED ON THE SITE PLAN. MR. BENN1NGTON MOTIONED TO GRANT/PRELIMINARY AND FINAL APPROVAL OF THE SITE PLANS WITH THE STIPULATION THAT THE GARBAGE COLLECTION AREA REMAINS IN THE REAR OF THE PROJECT FOR AESTHETIC REASONS, WHICH WAS SECONDED BY MR. TOWERS. THE MOTION CARRIED 5-0. DUE TO THE TIME OF THE EVENING THE CHAIRMAN REQUESTED THE DRAFT OF THE LANDSCAPE ORDINANCE UNDER OLD BUSINESS BE TABLED UNTIL A SPECIAL MEETING ON WEDNESDAY, APRIL 28TH AT 7:00 P.M. IN THE PLANNING & DEVELOPMENT OFFICE. THE SECRETARY WAS INSTRUCTED TO NOTIFY ALL MEMBERS TO CONFIRM THIS MEETING. THE MEETING WAS ADJOURNED AT 10:40 P.M. MINUTES SUBMITTED BY: PATSY L. MCCANN PLANNING COMMISSION MEETING 4/21/82 PAGE 2 4~ tlORM 4 M~ORANDUM OF VOTI~ CONFLICT OCOUNTY DATE ON WHICH VOTE OCCURRED Ap R I L 21, 1982 NAME OF PERSON RECORDING MINUTES PATSY L. MCCANN TITLE OF PERSON RECORDING MINUTES SECRETARY SPECIFY AGENCY is unit of: o STA TE f[]MUNICIPALITY OOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: SITE PLAN SP-8201 - 232 UNIT MULTI-FAMILY SUBDIVISION, PELICAN COVE WEST 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: EMPLOYED AS SUB-CONTRACTOR CLEARING LAND, ETC. FOR THE PAST FOUR YEARS AND DOING DEVELOPMENTS IN THE PAST. 3. Person or principal to whom the special gain described above will inure: a.1ZI Yourself b.O Principal by whom you are retained: (NAME) DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79