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05-08-1986 - Workshop o o CITY OF EDGEWATER PLANNING AND ZONING BOARD SPECIAL WORKSHOP MEETING MAY 8, 1986, 10:00 A.M. COMMUNITY CENTER MINUTES Chairman Wheeler called to order a special workshop meeting of the Planning and Zoning Board at 10:10 A.M., May 8, 1986 in the Community Center. This meeting was called to discuss the rezoning of the Caldwell Property. ROLL CALL Members present were Jake Wheeler, James Mackie, Paul Loeffler, Billy Klein and Nancy Blazi. Also present were City Attorney Jose' Alvarez, Councilman Asting, Planning Assistant Lynne Plaskett, Residents Mr. and Mrs. Robert Garthwaite ~nd Jan Morris, Secretary. Member Fred Finn was excused and Member George Quagg~n was absent. DISCUSSION OF CALDWELL PROPERTY Mr. Wheeler stated this meeting had been called to have the City Attorney explain about the Caldwell property. City Attorney said he had spoke with the Attorney Allen Watts, representing Mr. Caldwell and told him the meeting today was just for the Board but if he wishes to appear that is fine. He said any decision and the public hearing on the matter will be set in the next couple of weeks. Attorney Alvarez said the property owners of the adjoining subdivision sent to the City Council a petition that the meetings be held in the evening in reference to the rezoning of this property. Attorney Alvarez said this is a rezoning request by Caldwell to rezone the property from its present R-l zoning to a proposed R-4 zoning. He added first of all you are to consider the request for what it is, a rezoning request. It has nothing to do with ligitation. So, under no circumstances is the ligitation to enter as a factor in your decision. This is a rezoning request like any other rezoning request therefore your decision must be based solely on that. Attorney Alvarez said the last time this request was made there was oppisition from the neighborhood because it was going to be a high density multi-family type project next to single family residences. I conveyed to Mr. Watts and he agreed to consider the request for rezoning he should include a set of plans or preliminary site plans showing a buffer adjoining the single family residences and sort of graduating the density away from the single families to the other side of the project. Planning Assistant Plaskett asked Attorney Alvarez if we are to look at this excluding the ligitation then do we not need an application and everything that goes along with a rezoning request. Attorney Alvarez replied the application should be of record. He added he believes there is a pending final application made back 1983 or 1984. Planning Assistant Plaskett said on this plan they are showing a twenty five feet buffer area. He recommendation is to give a twenty foot utility easement directly adjacent to the south side of Silver Ridge subdivision in addition to that twenty five feet natural vegetation buffer strip, making approximately a forty five feet buffer strip between Silver Ridge residents and the first adjoining lots of that strip. One of the recommendations she made was the lots abutting the buffer strip be used as single family residents only and then continue the gradual multifamily development further south. Mr. Klein asked what legality do we have to say this is going to be R-4 but you must come up with single family homes in there. Attorney Alvarez answered if the rezoning is approved whatever stipulations that are agreed upon is eventually going to be a subject matter on an order from a District Judge eliminating and terminating this ligitation for good. Mr. Alvarez said because of the nature of this request the people should be notified and let them have their input at this time rather than waiting for the City Council's public hearing. Mrs. Blazi said we can set a date at our next regular meeting on the 15th. Attorney Alvarez said on the 15th regular meeting the agenda would include setting a date for a public hearing. At that time the secretary should have several dates and you can make a decision then. Mrs. Blazi said this hearing should not be during a regular meeting but a meeting by itself and held at night. Mr. Klein excused himself from the workshop meeting at this time. ~ o o Planning Assistant Plaskett asked are they going to follow subdivision rules and regulations? Do they need to submit plans before rezoning or can they ask for rezoning then follow subdivision rules and regulations or do they have to do them at the same time? Attorney Alvarez said it seems to me the real issue is whether or not this property is going to be rezoned to allow some kind of density beyond R-l. They are requesting R-4, I think that issue needs to be answered first. He added we have to worry about the avialability of water and sewer when they start to develop not now. Attorney Alvarez said what you are going to be saying is we favorably recommend or do not recommend rezoning so that the property then on the zoning map instead of saying R-l will say R- whatever. This will end the ligitation proceedings. Then when we come back and say we are going to put X number of type of development in there that is when all the issues of the impact on the intrastructure will be considered. Mrs. Blazi said okay say we zone it R-4 or whatever then they come back and they want to build it exactly and they are going to meet all the specifications in here with the possible exception if it is R-4, with the possible exception of single family there, how are we going to legally say they can't do that. Attorney Alvarez replied because I said whatever decision is reached after the rezoning process is going to be a court order. Mr. Wheeler asked Mr. Garthwaite if he had anything to say. Mr. Garthwaite replied strictly speaking for himself and no one else in Silver Ridge reading what Lynne has written, what she is recommending sounds fairly decent. Definitely we would be looking for single families behind us then favoring towards the center the higher density but not what they were planning at one time with garden apartments right behind us. The Board discussed the site plan and decided it did not show them enough. Mr. Loeffler suggested they start with a new application, a set of plans and a letter of intent. Mr. Wheeler said at the May 15th meeting they will set a date for the public hearing. The secretary was instructed to have dates available in June for the hearing at that time. Attorney Alvarez said make the hearing a Wednesday or Thursday at 6:00 P.M. The Board said they do not have to neccessarily make a decision on the night of the hearing. Attorney Alvarez said if they are not ready to make a decision that night they should tell the record why not. He said the Attorney Allen Watts of the firm Cobb and Cole and Attorney Steve Lengauer will be present at the hearing. Mrs. Blazi made a motion to adjourn the meeting. Meeting duly adjourned at 11:15 A.M. Minutes respectivley submitted by: Jan Morris Planning and Zoning Workshop Minutes May 8, 1986 -2-