Town of Shalimar

Special Town Commission Meeting Minutes

January 24, 2005

 

CALL TO ORDER – Mayor Gary Combs called the special Town Commission meeting to order at 6:05 p.m. in Town Hall chambers.  He led the "Pledge of Allegiance" to the Flag.

 

ROLL CALL FOR THE RECORD 

          Mayor Gary Combs:  present      

          Mayor Pro-Tem Rik Larson:  present     

          Commissioner Ursel Behnken:  present  

          Commissioner Kevin Reeves:  present   

          Commissioner Jerry McCallister:  present        

         

Others in attendance:  Town Manager Tom Burns, Attorney Mike Chesser, Deputy Town Clerk Tina Smith, Police Chief John Cash, Police Officer Michael Woll, Planning and Zoning Board Members Brad Gable, Glenn Wagner, and Johann Behnken, Applicants Steve Peterson, Randy Logenbach, Dana Matthews, Residents Frank and Gloria Kane, Elaine Tucker, Tony Simpson, Richard and Helen Hoffert, Mack Kirkland, John and Sally Henderson, Beverly and Gary Hall and County Residents Jan Clements, Todd Hancock, Kevin Sherman, Elaine and Rod Wilson, Judy Pope, Hulda and Dick Mahlum, Marijo Strauss and Jon Sheperd.

 

6:00-6:30 -- Introductory Comments – Attorney Chesser – Attorney Chesser explained that the proceedings are Quasi-Judicial which means it is not a democratic process.  Everyone will have a chance to give their input but not to vote how they feel.  He then asked everyone that plans on giving testimony at the meeting to stand up and be sworn in.

 

Introductory Comments – Mayor Combs – Mayor Combs went through the slides pertaining to recurring resident complaints and parking concerns in the area of the Shalimar Yacht Basin.

 

6:30-6:45 -- Presentation/Summary of Mrs. Grey’s Report to P&Z Board – Mrs. Grey went over her report.  There was some discussion regarding landscaping.  Since the PUD section doesn’t address the nature of landscaping, the developers will use the standards that are regulated elsewhere in the code.

Mayor Combs asked about the Stormwater retention issue.  Dana Matthews stated that the Stormwater plan has yet to be developed but will meet all requirements of the code.

6:45-7:15 -- Shalimar Yacht Basin Presentation – Dana Matthews briefed the Commission on the history of the process the applicants have gone through stating that the Planning and Zoning Board agreed to approve the Master Concept Plan (density, height, parking requirements, and setbacks) along with the zoning change in order to give the developers some parameters.  He iterated that the Development Order Process will be much more comprehensive.  The applicant have updated the plans, taking into consideration the recommendations made by the Planning and Zoning Board.

Dana Matthews asked that all reports and other documents be added to the record and filed with the minutes.  Attorney Chesser added that Wendy Grey’s resume and report should also be filed with the minutes.

Lee Goodson showed pictures of the original plans.  He stated that all intersections will be part of the traffic study during the Development Order process.  Mr. Goodson handed out copies of the revised plan which Dana Matthews asked to be added to the record.

Attorney Chesser asked if a traffic concurrency study should be done before anything is approved to save everyone time and money.  Wendy Grey briefed that the concurrency study is not critical at this time.  The developers know that they are doing all of this “up front” stuff at their own risk.

7:15-7:30 -- Review P&Z Board’s Recommendation to Commission --  Before reviewing the recommendations, Attorney Chesser asked the Planning and Zoning Board Members present if their draft minutes reflected what they felt happened at the meeting.  Planning and Zoning Board Members Gable and Wagner both agreed that they felt the attached minutes are a good summary of what took place at the meeting.  Mayor Combs briefly ran through slide #15 which summarized the 5 recommendations made by the Planning and Zoning Board.

(At 7:50, Mayor Combs called for a brief intermission).

7:30-8:00 -- Citizen Input – The main concerns brought up by residents were compatibility with the neighborhood, density, height, setbacks, traffic, utilities, and drainage. 

8:00-8:15 – Break – taken earlier

8:15-9:15 -- Commission Plan of Action –

RECOMMENDATION #1 – ALLOW BUILDING HEIGHTS OF 45 FEET TALL TO 60 FEET TALL, STAGGERING THE HEIGHTS FROM BUILDING A THROUGH BUILDING D.  Commissioner Behnken moved to accept the Planning and Zoning Board’s recommendation as written.  Mayor Combs passed the gavel to Commissioner/Mayor Pro-Tem Larson and seconded the motion.  Commissioner Reeves amended the motion to accept a 50 foot maximum height with staggering of building heights not required.  Mayor Combs seconded the motion.  The amendment passed 3-2 and the amended motion passed 3-2 with Commissioner Larson and Commissioner McCallister voting nay on both.

RECOMMENDATION #2 – LIMIT THE DENSITY TO A MAXIMUM OF 35 UNITS PER ACRE .  Commissioner Behnken moved to accept the Planning and Zoning Board’s recommendation.  Commissioner Reeves asked Commissioner Behnken if she would consider amending her motion to accept 25 units per acre.  Commissioner Behnken agreed to the amendment and Commissioner Reeves seconded the amended motion and it passed unanimously.

RECOMMENDATION #3 – 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. – Commissioner Larson moved to require 2 parking spaces per unit, 1 parking space per every 3 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.  Commissioner Behnken seconded the motion.  Commissioner McCallister clarified that the only change to the Planning and Zoning Board’s recommendation was to the wet slip parking.  The motion passed unanimously.

RECOMMENDATION #4 – 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 – Commissioner Behnken moved to accept recommendations as written.  Commissioner Larson seconded the motion and it passed unanimously.

 

Other restrictions discussed that were not covered in the Planning and Zoning recommendations included:

SIGNS – The recommendation from Manager Burns was to allow the same amount of signage as other commercial establishments which is a 200 sq. ft. maximum in copy area.  He also recommended no pole sign and no internally lighted signs.  Commissioner Behnken moved to accept the recommendation allowing a 200 sq. ft. maximum copy area, no pole signs, and no internally lighted signs.  The motion was seconded by Commissioner Larson and passed unanimously.

MINIMUM FLOOR SPACE PER UNIT – Commissioner Behnken moved to allow nothing smaller than 1200 sq. ft. units.  This motion was withdrawn.  Commissioner Larson moved to allow nothing smaller than 1400 sq. ft. units.  Commissioner McCallister seconded the motion and it passed unanimously.

MINIMUM GREEN AREA – The recommendation from Manager Burns was a minimum of 15% green area taken right from the code book.

There was some concern by the Commission that once the property is zoned commercial, the applicant would be able to use it for whatever commercial activity that is allowed in the code book.

Commissioner Behnken moved to limit the commercial activity to boat sales,  retail sales of marine-related items and convenience goods.  Any other future use of the commercial property would require the applicant to come before the Commission for approval irrespective of the types of activities allowed in the Shalimar Code Book.  The motion was seconded by Commissioner Reeves and passed unanimously.

 

RECOMMENDATION #5 – RECOMMEND THAT THE TOWN COMMISSION 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 AND THAT THE RECOMMENDATIONS BY MRS. GREY BE TAKEN INTO CONSIDERATION AS GUIDELINES – Commissioner Behnken moved to accept the recommendation that they 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 and that the recommendations by Mrs. Grey be taken into consideration as guidelines in the Development Order.  The motion was seconded by Commissioner Reeves and passed unanimously.

Commissioner Behnken moved to add the condition to the approval that traffic concurrency will be determined by an outside expert and, in addition, the operational sufficiency of Gardner Drive and Old Ferry Road will be presented to this board during the Development Order Process.  Commissioner Reeves seconded the motion and it passed unanimously.

 

Mayor Combs stated that changing the code of ordinances to reflect the restrictions from tonight’s meeting is his number one priority for the year so that neither of his boards will have to go through this process again and welcomed any input from the Planning and Zoning Board.

 

According to our codes, the developer has one year from today to submit a Development Order to the Town otherwise the zoning will revert back to Industrial.

 

ANNOUNCEMENTS:

 

FEBRUARY 8, 2005 -- TOWN COMMISSION MEETING, 6:00 P.M.

 

ADJOURNMENT:  Commissioner Larson moved to adjourn the meeting at 9:56 p.m.  Commissioner McCallister seconded the motion and it passed unanimously.