Town of Shalimar

Planning and Zoning Minutes

January 12, 2005

Chairman Gene Tucker – present

Member/Vice Chairman Glenn Wagner – present

Member/Secretary Sandra Dove-McLain – absent

Member Johann Behnken – present

Member Brad Gable – present

I.

REVIEW AND APPROVE MINUTES FROM THE NOVEMBER 17, 2004 MEETING AND THE NOVEMBER 30, 2004 WORKSHOP – Member Brad Gable moved to approve the minutes of the November 17, 2004 Board Meeting as written.  The motion was seconded by Member Glenn Wagner and it passed unanimously.

Member Gable moved to approve the minutes of the November 30, 2004 Workshop as written.  The motion was seconded by Member Johann Behnken and it passed unanimously.

II.

SHALIMAR YACHT BASIN REZONING PETITION – Attorney Mike Chesser stated that this is a quasi-judicial proceeding and all parties that wish to speak must be sworn in.  He clarified that there was a recording taken of the meeting and asked Chairman Gene Tucker which board member would be filling in as secretary for the meeting since Member Sandra Dove-McLain was absent.  Chairman Tucker stated that Member Gable will be taking the minutes at this meeting.

Land Planner Wendy Grey briefed her resume and began reporting her findings.  (A copy of Mrs. Grey’s resume and report will be included in the record).  She went over 4 options under the current code of ordinances and stated that her recommendation was to follow Schedule E in section 82, using the General Commercial standards.  She chose General Commercial based on the fact that the property is currently zoned Industrial and the existing Marina business will remain with a few downgrades to the services provided.  Also, she feels that the General Commercial Guidelines are slightly more restrictive on setbacks, landscaped separation, etc. while allowing a higher building height.

Schedule E establishes a 50 foot setback from all projected property lines, 35 foot setback from street right-of-way lines, 5-story building height and a 15 foot landscape separation.

Mrs. Grey suggested that the board reconsider parking requirements allowed by the current code book.  She suggests 2 parking spaces per unit, 1 parking space per 3 wet slips, 1 parking space per 1,000 square feet of boat showroom space, and 1 parking space per 300 square feet for other permitted commercial uses.

It was also recommended in the report that the board take into account other restrictions to be included.  Some suggestions were that all structured ground parking be fully screened from the public right-of-way, all mechanicals should not be visible from the public right-of-way, all lighting shall be designated to minimize off-site impacts, etc.

When Mrs. Grey completed her report, Chairman Tucker called for questions from the audience and the Developer.  Some of the concerns voiced by the residents had to do with traffic, setbacks from the water line and height.  Attorney Dana Matthews stated to the board that he did not have the final copy of the report and asked if they could set up a meeting in 2-3 weeks, after they had the opportunity to go over the report and, possibly, meet with the Town Manager, Town Attorney, and someone appointed from the board.  Attorney Chesser suggested that nothing new has been brought up in Mrs. Grey’s report.  Also, given that the applicants missed 2 previous meetings and in fairness to the public, he recommended proceeding.  Member Wagner welcomed the submission from the attorney and stated that he felt he had enough information to start discussing numbers with the board.

Chairman Tucker confirmed to Attorney Matthews that he would not be voting.

Resident, Richard Hoffert, queried Attorney Chesser about a possible conflict of interest with Member Wagner and his current job as a Realtor.  Attorney Chesser assured Resident Hoffert and everyone else that, in this instance, there will be no conflict if Member Wagner votes.

Member Gable implored the board to take into account the fact that the decisions that this board makes tonight will have a lasting impact on the town and its current code.  He feels that they must be careful because they will be setting a precedent.

Member Gable moved to limit the building height to 45 feet.  Member Behnken seconded the motion.  Member Wagner suggested a staggered approach; starting with building A (by Snug Harbor ) at 45 feet, stepping building B up 5 to 10 feet, stepping building C up to 5 to 6 stories and ending with building D at 70 to 75 feet.  Member Behnken agreed with the staggering approach but felt that 75 feet was too high.  He would agree with up to 60 feet.  Member Wagner addressed the fact that building D would be pushed back off of Gardner Drive 100 feet so it wouldn’t look as big from the road as the current 55 foot boat storage building that’s almost to the street.  Member Behnken amended the original motion to allow building heights of 45 feet tall to 60 feet tall, staggering the heights from building A through building D.  Member Wagner seconded the motion.  A vote to amend the original motion was passed 2 to 1 and the motion as amended was voted on and passed 2 to 1.

Member Wagner moved to limit the density to a maximum of 35 units per acre.  Member Behnken seconded the motion and it passed unanimously.

Member Wagner moved to require 2 parking spaces per unit, 1 parking space per every 10 wet slips, 1 parking space per every 3,000 square feet of boat showroom space/commercial facility, and 1 parking space per every 300 square feet of other permitted commercial uses.  Member Behnken seconded the motion.  Showing concern with big holiday/boat weekends, Member Gable suggested that the board accept Mrs. Grey’s recommendation of 1 parking space per 3 wet slips but would agree to 1 parking space per 5 wet slips.  Member Gable amended the original motion to require 2 parking spaces per unit, 1 parking space per every 5 wet slips, 1 parking space per every 1,000 square feet of boat showroom space/commercial facility, and 1 parking space per every 300 square feet of other permitted commercial uses.  Member Behnken seconded the motion.  A vote to accept the amendment passed unanimously.  A second vote of the original motion as amended passed unanimously.

Member Wagner clarified that the on-street parking will not count towards the parking requirement.

Member Behnken moved to use the setbacks in accordance with Schedule E using the General Commercial Guidelines.  Member Wagner seconded the motion.  The guidelines for General Commercial require a 50 foot setback from all projected property lines and 35 foot setback from all street right-of-way lines.  Attorney Chesser clarified that the property line ends at the mean high tide line.  Member Wagner felt that 35 feet is too much but that the 10 feet shown in the plans is too close to property lines.  All members agreed that 50 feet is excessive.  Member Wagner amended the motion to allow setbacks of at least 15 feet (which is the requirement for the landscaped separation) from the water and 15 feet from the right of way but a requirement of 50 feet from the 2 end property lines.  Member Behnken seconded the motion and the amendment passed unanimously.  A second vote unanimously passed the amended motion.

Member Wagner moved to approve the zoning change from Industrial to Planned Development Project with the stipulation that all motions made at tonight’s meeting will be included in the Development Plan.  Member Behnken seconded the motion.

For the record, Attorney Chesser stated that the zoning change will revert back to Industrial if no development is done within one year.

Member Behnken amended the motion to include that the recommendations by Mrs. Grey be taken into consideration as guidelines.  Member Wagner seconded the motion and the amendment passed unanimously.  Member Behnken moved to correct the original motion to change the words “…moved to approve the zoning change…” to “…moved to recommend that the town commission approve of the zoning change…”.  Member Wagner seconded this amendment/correction passed unanimously.  A final vote on Member Wagner’s motion as amended passed unanimously.