Loading...
11-20-1980 Special ~ ~ CITY OF EDGEWATER ZONING BOARD SPECIAL MEETING November 20,19BO CALL TO ORDER ROLL CALL James Mackie Sebastian Siciliano Earl Wallace William Phinney Ray Troian James Dyett M.F. Wheeler Also Present: Present Present Present Present Excused Excused Present- Attorney Woods City Clerk Nancy Blazi Mr. Geil Mr. and Mrs. Roche Mr. Slaney Attorney Jack Bolt Mr. Pilch Mr. Opal Attorney Woods stated that he spoke with Attorney Bolt and Mr. Geil about what has taken place to date with this project. This particular project was discussed on several different occasions with Mr. Hurley, our former City Planner. He repre- sented to them that if they could get a special exception on the front of the property, they could go with this project. He also told them that they could build with the R-5 zoning requirements rather than the R-4 regulations, which is in our ordinance. His question to the board is, was the intent of the Subdivision Ordinance to encompass projects like this that are in the multi-family zone. Should we apply the requirements of the Subdivision Ordinance into the R-3,4 and 5, 5A projects? Would we approve a project of this nature if we did not have a Subdivison Ordinance? There was discussion about the intent of the Subdivision Ordinance when it was prepared. Mr. Geil reiterated his conversations and understandings with Mr. Hurley, explaining how he set this up to comply with the R-5 zoning. The board members went over the dimensional requirements in the different districts. Mr. Siciliano stated that the intent of the Subdivision Ordinance was to follow the Ordinance No.BBD as far as the zoning classifi- cations, but fall under the Subdivision regulations on any land divided into two or more units, mainly due to the streets and utilities. Minor Subdivisions were brought in to make it easier for smaller parcels, not involving roadways. Attorney Woods stated that these men got their information about the R-5 regulations prior to the Ordinance being adopted. o o Mr. Wallace stated that since part of it is zoned R-5, it would seem reasonable for him to give that advice. It would be uniform. Mr. Mackie stated that he feels they should agree with the Planner's advice, which was given prior to the adoption of this conflicting ordinance. He added that the main concern at the time of preparing this ordinance was to get the multi-dwellings out of the B-3 and get them as a special exception. Mr. Phinney spoke to the board about this project going through the Board of Adjustments prior to coming to the Zoning Board. He feels that we should have made a recommendation on the special exception. He asked a few questions about the parking, and the recreational structures, which Mr. Geil answered. He stated that one of the examples used last week by these men was a complex in New Smyrna Beach. That particular complex did come under a platted Subdivision classification. He does not understand why in New Smyrna they will go Subdivision and they won't consider that in Edgewater. If the association is dissolved what happens to the maintenance of this development. He feels that this project hits all of the border lines on all of the definitions and ;s not clearly defined to any of us. He also added that he is}~~happy wi,th .the Board of Adjustment II) (a~. ~(....1 r'l-L/ ~7~ r,.c.~/~.tU" l (!_P_--'<A.~ /,;;L -,;L -Pry Mr. Mackie stated that as far as other cities are concerned, we have' our own zoning laws. Mr. Siciliano stated that he likes the concept that is being presented. His main concern is to see a different way of maintaining the roads. Attorney Woods read a letter that Attorney Bolt submitted to him just prior to the meeting today, which states that the City will not be responsible for the maintenance of the roads. There was discussion that this does say that the City is not respon- sible, however, it does not say that the roads will be taken care of properly. At this time discussion began about the Home Owner's Association's responsibilities and the fact that they can impose liens against the individual properties if the association is not paid. Attorney Woods stated that they will have to comply with the Southern Standard Building Code, and our Building Official will be inspecting this just like anything else built within the City. Mr. Slaney explained that the paving will be done first, and then it is in the contract that the roads will be repaved after the last unit is finished. There was discussion about what would happen if the association expires. Attorney Bolt stated that the wording will be changed to read that it will be perpetual. . Mr. Roche spoke to the board about this project. He explained that they are putting in the sewer, water, lights and roads which will not cost the City yet 85% of the value of this will go on the City's tax roles. Mr. Phinney stated that he recognizes the benefits that the City stands to gain, but can also see what the City may get stuck with five or ten years down the road. Mr. Geil went over the plans with the board members at this time. There was discussion about there perhaps being a problem with the developer being in control of the association ~ntil all of t~e units are sold. Mr. Phinney also commented that not everyone is getting the same information. -2- Zoning Bd. 11/20/80 r o o , The procedure by which the site plans are to follow was discussed again. The City Clerk explained that this did start out backwards by going to the Board of Adjustments first, however, this has been explained previously. The Board of Adjustments only concern with the special exception is set out precisely, they do not get in- volved with the zoning. This board received a letter from the Board of Adjustments explaining the decision that was made by them. Mr. Siciliano asked if the City has an Ordinance that conflicts with your restrictions, does the City's Ordinance take precedent? Attorney Bolt stated that this is true. There was discussion about the buffer that will be supplied, and the board members looked over the drawings. Mr. Wallace stated that it is his opinion that this project does comply with the R-5 zoning and all of the requirements have been met. It appears that the attorne~~ have discussed the questions that the board had earlier and thlS has been resolved. He made a ~ that we accept this project for site plan approval upon the developer supplying Attorney Woods with the updated declaration that we spoke of today and that the entire parcel be considered R-5 to comply with one type of zoning. The motion was seconded by Mr. Siciliano. Mr. Siciliano asked the board members how they felt about asking that this road be dedicated to the City. There was discussion, and opinions stated in regards to this. It was felt overall that this would cause conflict that is not necessary. The motion was repeated, upon roll call vote, Mr. Phinney voted QO and made a statement that this is a new concept for the City he feels that we should have a full board present. We are stuck between a condominium and a subdivision and he thinks the board should look into this deeper. The motion CARRIED 4-1. This is to be held until the changes in the agreement are submitted to Attorney Woods. The board members agreed that perhaps they should hold a workshop meeting to discuss such matters, and make changes in the Ordinances to cover this. Attorney Woods suggested that perhaps the Subdivision Ordinance should only apply in the residential areas. The next item on the agenda is Mr. Pilch's site plan for approval. Mr. Pilch submitted his revised plans to the board. He went over the drawings with the members. The dimensional requirements are met. There was discussion as to whether this has to go for a special exception since it is a duplex. The City Clerk read from the Code Book, page 1647 where it explains the procedure for special exceptions. This will have to go to the Board of Adjustments. The City Clerk stated that this will not go to the Board of Adjust- ments until it goes everywhere else first. She added that there is still a question in regard to the sewer. This will have to go to the engineers Mr. Mackie stated that Mr. Pilch has been told this, Mr. Bosse explained it to him. He stated again that due to the school buses having to go down that street, there may have to be a permit received to reroute the buses while construction is going on. -3- Zoning Bd. 11/20/80 o Q ~ Mr. Pilch stated that the problem existed when he was dividing these individually, now that they are all lumped together he does not see why this should be done. Mr. Mackie stated that this is up to Mr. Bosse. Mr. Siciliano made a motion that we approve this site plan subject to the Wastewater1s Department approval and recommend that the Board of Adjustment approve the special exception, being seconded by Mr. Phinney. Mr. Mackie stated that the engineering costs will be carried by the contractors. Mr. Siciliano stated that this form has to be all filled out. and if Mr. Bosse doesn't approve this. it doesn't get approved. Upon roll call vote on the motion, it CARRIED~. {-t), ~ Mr. Mackie reminded the board members that we are to bring any suggestions about the.Subdivision Ordinance to our next meeting. There was discussion about a workshop being necessary. This will be decided at the next regular meeting. Mr. Siciliano stated that this board is going to get a request from the Council to go over all home occupational licenses and come up with a revision, so you should be thinking about this. Mr. Mackie stated that the board will also look over this new form for the site plans, and once it is finalized everyone is going to have to wait his turn; we are not going to work in between. Mr. Phinney made a motion to adjourn, being seconded by Mr. Wheeler. Meeting adjourned. Minutes submitted by: Debbie Sigler -4- Zoning Bd. 11/20/80 P -d- - P ~+~,e t?-4 1-0 ~-' ~ \