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Town of Ocean Ridge |
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Public Hearing and Special Meeting of the Planning and
Zoning Commission of the Town of Ocean Ridge held on The meeting was called to order at Gerald Goray James Bonfiglio Ward Northrup Peggy Smith
Chairman Bruce Gimmy III.
APPROVAL
OF MINUTES
A.
Mr. Northrup stated that the
bottom of Page 4 should state 10’ from the pavement, instead of from the
residence. Mr. Northrup moved to adopt the Motion carried – Yea (5). IV. AN APPLICATION REQUEST FROM V & O ISLAND PROPERTIES,
LLC., 5582 NORTH OCEAN BLVD., OCEAN RIDGE FL 33435 AND
THE OCEAN RIDGE YACHT CLUB HOMEOWNERS ASSOCIATION, INC. 5600 NORTH OCEAN
BLVD., OCEAN RIDGE FL
REQUESTING A PUBLIC HEARING REGARDING THE PROVISIONS OF THE LAND
DEVELOPMENT CODE AT CHAPTER 63; GENERAL AND ADMINISTRATIVE PROVISIONS, ARTICLE
4; SITE PLAN REVIEW PROCEDURES, SECTION 63-54; MAJOR
DEVELOPMENT APPLICATION AND SITE PLAN REQUIREMENTS AND SECTION 63-74;
MODIFICATION OF TOWN COMMISSION CONDITIONS
OF APPROVAL, AND CHAPTER 64; ZONING,
ARTICLE 5; SUBDIVISIONS; SECTION 64-100 THROUGH 64-105
PERTAINING TO REPLATTING REQUIREMENTS AND ALSO A
REQUEST FOR THE TOWN TO VACATE AND ABANDON ITS INTEREST IN THE UNIMPROVED
THIRTY (30) FOOT WIDE
CHICKASAW AVENUE PLATTED RIGHT OF WAY LOCATED ON THE PROPERTY WITHIN THE
TOWN RUNNING EAST AND WEST LOCATED BETWEEN THE OCEAN RIDGE YACHT CLUB AND CROWN
COLONY IN THE 5500-5600 BLOCK OF SR A1A. THE REQUEST
IS FOR A SITE PLAN MODIFICATION TO ANNEX IN A .56
ACRE PARCEL LOCATED SOUTH OF Town Clerk Hancsak read the
application title and advised that all fees have been paid.
She stated that a letter of objection for the project was received.
She read a letter faxed in by Robert Haney, who owns a unit at At this point anyone planning on
providing testimony was sworn in and the board members disclosed that they had
visited the site and had spoken with the application or representative.
Mrs. Smith stated that she reviewed the site but had not spoken with
anyone regarding the proposed project. Mr.
Bonfiglio disclosed that he had a current litigation with the applicant’s
legal counsel but it is not considered a conflict. Greg Young, attorney representing
the applicant, introduced Ernie and Maria Vavarikos and Matt O’Connor,
principles in the company, and the
Ocean Ridge Yacht Club President, Norm Levine. He
stated that the current owners purchased the property in October of 2003. Atty Young commented that the
applicant is requesting a modification to the site plan to include the .56 acre
parcel into the 9.48 acre existing parcel for the Ocean Ridge Yacht Club to
allow for six additional townhouse units (with similar aesthetic appearance),
abandonment of the 30 foot Chickasaw ROW, and approve replatting of the parcel
to incorporate the additional parcel. He
stated that combining the two parcels would allow 50 units on the site and a
vote from the Ocean Ridge Yacht Club members revealed 39 in favor, 1 opposed and
3 abstaining the proposed project. He
added that all amendments to the Declaration had already been approved and the
new owners would be entitled to the same amenities as existing owners.
He stated that during the applicants due diligence process they met with
staff and several commissioners regarding the proposed plan and they attached
the confirmation letter, from the Town Manager, to this application citing the
factors and requirements for the project.
Atty Young submitted a photograph
depicting the unimproved Chickasaw ROW looking west.
He also had boards reflecting the site plan, an aerial view, the site
plan with a proposed landscaping plan, and elevations of the proposed buildings. In summary Atty Young mentioned
that the abandonment would comply with all the codes, the annexation was the
best use for the property with both parcels being currently zoned RMM, the
project would actually reduce traffic on Chickasaw since there would be no need
to use the road, the total density is less than Crown Colony, detailed
statements have been provided, the existing sanitary treatment plant has more
than adequate capacity for the additional townhouses (he added that this parcel
was even included in the original calculations for the use of the treatment
plant), and a drainage plan is included, however, the existing plan for the
Yacht Club should be more than ample to use. Atty Young commented that the
request to abandon the ROW has unique circumstances that include: the ROW has
always been unimproved, the applicant would be utilizing the existing road for
the Yacht Club, there are no known utilities on the portion proposed to be
abandoned, however, they would be willing to provide easements to the Town, both
adjacent owners affecting that portion of the ROW are in favor of the
abandonment, the maintenance for this ROW is only basic with no meaningful
access to the ICWW with mangroves on the extreme west end, the improved area
would still serve Crown Colony, and the abandonment does not take away the needs
of anyone. Atty Young concluded his
presentation by stating that both Mr. and Mrs. Vavarikos have been residents for
over 10 years and he too is a resident and they all fully support the proposed
project. Mr. Bonfiglio stated that his concerns included the access to the proposed units for emergency, fire and garbage truck accessibility, the location of the nearest fire hydrant, and the vote by both the P & Z and the Town Commission to keep all of the ROW’s. He asked if there was a design that could be accomplished such as moving the units back and using an alternate entrance so as not to abandon the Chickasaw ROW. Atty Young stated that the
proposed application could still achieve the annexation without the ROW
abandonment, however, it would split the properties and they would need to
request easements. Atty Young
produced a rendering with a 15’ wide proposed easement running south along the
east property line and then running west along the south property line.
Mr. Bonfiglio clarified that the applicant was requesting the Town to
give them a 30’ wide straight ROW in exchange for a 15’ wide easement which
would also serve as their setback. He
commented that the ROW is easily recognized as a ROW at this time to which Atty
Young advised that they could provide signage and they felt the easement
alternative would be better than the existing ROW. Mrs. Smith questioned whether the
project could be shifted to the north. Atty
Young and Mr. Vavarikos advised that it probably could be, however, Mr.
Bonfiglio commented that the accessibility for trucks could become an even
greater concern. Atty Young stated
that this was still a work in progress and he was unsure if the access would
have to be shifted. Atty Young responded to the
letter of objection by Mr. Haney by stating that there would actually be less
traffic resulting in a quieter situation for Crown Colony.
He added that construction would take place whenever the property was
eventually developed whether by his client or by another owner.
Atty Young also stated that during the due diligence process his clients
met with the Crown Colony board members and their major concern was that their
view would be blocked and there is not a law related to the continuance of
providing a view. Mr. Goray commented that during
the Vision 2000 held in 1998 the participating members stressed that they wanted
access to the ICWW and he thought Chickasaw was the only access located in the
south section of Town. He
questioned whether the applicant had investigated annexing with Crown Colony
instead of the Yacht Club in order to avoid a wall or the abandonment.
Atty Young stated that the Declaration for the Yacht Club already
included provisions to utilize their sanitary treatment plant and they felt the
units would compliment the Yacht Club. Chairman Gimmy commented that
there have been several complaints relating to the odor emitted from the
sanitary treatment plant now and adding units may only compound the problem.
Mr. Levine, President of the Ocean Ridge Yacht Club, stated that the odor
problem has been addressed within the last year and even the state has inspected
the plant. He stated that there have
been no problems since a new contractor was hired. He added that the plant was
only at 30-35% capacity and it was designed to service more properties. Chairman Gimmy questioned whether
the overall density for the 50 units included the 30’ ROW.
Atty Young stated that the density did not include the ROW. Mr. Bonfiglio asked whether the
privacy wall could be less imposing for Crown Colony to which Atty Young stated
that their sewer treatment plant was right up to the subject site. He
added that there would be a metal fence located on the interior side of the
proposed 15’ easement and landscaping is proposed for the inside of the
privacy wall. He stated that the
wall could possibly be relocated so as to provide for landscaping on both sides
of the wall. There was discussion
about the applicant possibly obtaining an agreement with Crown Colony regarding
maintaining the landscaping facing them. Atty
Young stated that they could maintain both sides of the wall to meet the
obligations of the code. Mr. Northrup stated that he was
concerned that the 15’ easement is part of the drainage plan and he felt more
detail was necessary on how the drainage would be treated in the easement and
for the entire site. Mr. Vavarikos questioned what
dimension would be appropriate for the easement without utilizing 30’.
Mr. Northrup commented that the applicant should come back with a plan
and then see if it is acceptable to the board.
Mr. Bonfiglio agreed and mentioned that the applicant needs to show that
the fire hydrant location is sufficient and the access for trucks is adequate.
Atty Young asked if the board was asking whether the existing nearest
fire hydrant was adequate or whether they just wanted more fire hydrants.
Mr. Bonfiglio stated that he saw the existing location as a problem and
he felt it should be investigated whether it was a code and/or location problem. Mr. Goray stated that he felt an
analysis was necessary to compare the existing straight 30’ Chickasaw ROW with
the meandering convoluted easement which may not provide some future necessary
utility resources. He stated
that his main concern was the need to look at the long range plan for the Town
concerning this ROW. Atty Young
commented that private individuals may own the submerged lands which may affect
using the ROW as a possible launch for small boats.
He added that if this was the ultimate goal of the Town it could possibly
still be accomplished at the proposed south easement. Mr. Levine commented that the
only break-ins the Yacht Club has experienced have been in the units located
near Chickasaw and they feel the perpetrators gain entry through this ROW. Dom Pallaria, Mr. Bonfiglio suggested that the
Crown Colony board get together and give a letter of authorization for someone
to attend the next meeting to voice their opinions. George Bierlin, Atty Young asked if he could
respond to some of the concerns raised. The
board concurred to close the public portion and applicant presentation of the
meeting. Mr. Bonfiglio suggested that the
applicant come back with two alternatives consisting of a plan preserving a
straight through ROW or moving the development further to the north to allow for
more than the 15’ width to the ICWW. He
also stated he would like to see the fire safety concerns addressed regarding
the radius and the hydrants. Mrs. Smith stated that she felt
it would be beneficial to provide a report on the health department issues and
she would like to know if any complaint reports have been written regarding
odors from the sewage treatment plant for both the Crown Colony and Yacht Club. Atty Young stated that he was
unsure if they could provide a plan depicting the ROW running straight through
and suggested meeting with the individual members.
Mr. Northrup stated that the board’s major concern was with the
abandonment and he did not feel meeting with individual members was necessary. After a brief discussion of
dates, Mr. Bonfiglio moved to continue this meeting until Motion carried – Yea (5). Chairman Gimmy mentioned that at
the last regular meeting the Town Commission directed the P & Z to review
the proposed FDOT plan for SR A1A when it is received.
The board agreed that they should be given any correspondence relating to
prior discussions regarding the FDOT SR A1A project at the next meeting. IV.
DISCUSS LANDSCAPING IN IMPROVED RIGHTS OF WAY Town Manager Dailey advised that
the Commission directed the P & Z to review landscape requirements in
improved ROW’s. She stated that
she provided the P & Z with related minutes from prior Town Commission
meetings. She added that staff has
contacted other municipalities for their policies and the majority of cities
allow landscaping as long as it is not a safety hazard.
She then distributed copies of a recently adopted code from Mr. Goray stated that he felt the
last thing the Town needed was more laws and the driver of this issue is safety
and suggested the Dept. of Public Safety comment on what is safe, and not safe
and then possibly recommend a brief amendment to the code. Mr. Northrup commented that there
are certain types of landscaping that are not considered exotics but present
problems such as tearing up streets thereby creating a safety hazard. The board concurred that they should tour the Town to see the magnitude of landscaping in the improved ROW’s before the next meeting. IV.
ADJOURNMENT The meeting was adjourned at
approximately ____________________________ Chairman Gimmy Attest: _______________________________ Town Clerk |
