12-12-1991
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CITY OF EDGEWATERO
104 N. RIVERSIDE DRIVE
P.O. Box 100 - Edgewater, Florida 32132-0100
(904) 428-3245 Sun Com 371-7005
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CITY OF EDGEWATER
LAND DEVELOPMENT AND REGULATORY AGENCY
REGULAR MEETING
THURSDAY, DECEMBER 12, 1991
COMMUNITY CENTER, CITY HALL
Chairman C. Peter Hellsten called to order a regular meeting of
the Land Development and Regulatory Agency at 6:30 p.m.,
ThursdAY, December 12, 1991, in the Community Center of City
Hall.
80LL CALL:
Members present were Mr. Masso, Mr. Ewing, Mr. Fazzone, Mr.
Garthwaite, Mr. Klein, Mr. Hildenbrand and Chairman Hellsten.
Also present were Mark P. Karet, Director of Planning and Zoning,
Krista Storey, City Attorney and Sondra Mpager-Pengov, Secretary.
APPROVAL OF MINUTES:
None at this time.
NEW BUSINESS:
AN-0?91 West Side U.S. #1 at Godfrey Road - Rosie Fortna
reqllested annexation of a VA.cant 7.0:!: acre parcel located
Approximately 9/10 of a mile south of U.S. #1 and Roberts Road.
Chairman Hellsten asked Mr. Karet, Director of Planning and
Zoning to give a brief explanation of the request. Mr. Karet
SA.id the parcel is, vacant, zoned County 8-4, General Commercial,
located 9/10 of A mi Ie sOllth of the intersection of U.S.#1 and
Roberts ROAd on the west side of the highway. The property is
adjacent to the proposed VictoriA. Lakes Annexation. Mr. Karet
SA.id the applicant is aware thA.t any action on the reqllest will
depend on the approval of DCA and Growth Management Commission
and the City Council.
Ms. Fortna, .authorized agent, said she is not requesting any land
use changes, or proposing any site plan, stating she is satisfied
with the County's 8-4 zoning.
Mr. Karet stated they
the County's 8-4 zoning
be enforced by the City.
can annex the parcel and it will retain
classification. The County zoning can
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Ms. Fortna answered Chairman Hellsten's question as to whether
this parcel has any connection with Victoria Lakes, saying no,
they are totally separate entities.
Mr. Ewing said he would like to make a motion to postpone the
annexation until Victoria Lakes property is disposed of by City
Council, seconded by Mr. Klein. Motion FAILED 2-5. Mr. Masso,
Mr. Fazzone, Mr. Garthwaite, Mr. Hildenbrand and Chairman
Hellsten voted no.
Mr. Klein questioned how can the board take action on the
annexation when it doesn't touch anything that belongs to the
City or isn't officially in the City at this time. Mr. Karet
said the action the board will be taking is a recommendation to
Council. Council will arprove or disaprrove the annexation of
the property.
Mr. Fazzone moved to recommend to Council the approval of the
annexation contingent on the Council's action on Victoria Lakes
annexation, seconded by Mr. Garthwaite. Motion CARRIED 5-2. Mr.
Klein and Mr. Ewing voted no.
~P-911? Amendment to Develonment Aqreement for Windview
Condominiums. James "Ruddy" Davenport, developer, requested an
amendment to the Devplopment Agreement for Windview Condominiums
and to approve site plan for 10 town homes.
Chairman Hellsten asked Mr. Karet to review Mr. Davenport's
reques t . Mr. Karet sa j din June the City Counc i I approved a
Development Agreement that was recommended by the LDRA. The
agreement was for a 1h unit condominium with 32 parking spaces
and 5 boat slips on S. Riverside Drive. This amendment will
reduce the number of units to 10 town homes and 20 parking
spaces. In addition the arplicant is asking for 10 boat slips,
one for each unit rather than the 5 that were originally
approved. DNR regulates the number of boat slips permitted. Mr.
Karet said he understands 8 boat slip will be allowed.
Land Development and Regulatory Agency
Regular Meeting
December 12, 1991
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Chairman Hellsten asked Mr. Karet if the external elevations
remain the same. Mr. Karet said the lot coverage, the setbacks,
etc. will remain the same. However, the facade will be different
to some extent. The request before the board at this time is a
proposed amendment and it is at the discretion of the board and
ultimately the Council as to whether it will be approved.
Mr. Davenport addressed the board saying the facade will be
similar to a fishing village and grey in color. Mr. Davenport
said potential buyers indicated they wanted garages so he has
redesigned the plans to include garages. Mr. Davenport also
said, by changing to town homes he will be ahle to get the
necessary finanring from the bank. In addition, Mr. Davenport
said he would like to build as many wet slips for boats as
allowed by the Department of Natural Resources.
There was additional discussion between the board and Mr.
Davenport as to the location of the garages and whether the boat
slips would be wet or dry. Mr. Davenport said the garages will
be in the front of the town homes and the boat slip will be wet.
Mr. Clark.
units and
have 1,300
feet high.
Fverqreen Drive - Mr. Clark asked
the height. Mr. Davenport rerlied
square feet of living space and
the layout of the
the townhouses will
be two stories, 26
Kimherly BLick. Allen Fnqineerinq Ms. Buck replied to Mr.
Klein's concern on the impact the boat slips will have on the
river. She said the waterway is class two waters. The Corp. of
Engineers is very strict, and the slips cannot be constructed
without the Corp's approval.
Mr. Fazzone asked Mrs. Storey, City Attorney if she had reviewed
the newly presented Development Agreement. Mrs. Storey replied,
no. Mr. Karet then explained the agreement the board presently
has is the same as the original agreement, with the exception of
the addition of the site plan, there are no changes other than
those already described. He then gave an explanation of the
changes; the site plan, and the dimensional tables.
Land Development and Regulatory Agency
Regular Meeting
December 12, 1991
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Chairman Hellsten suggested changing the wording on the last page
of the agreement that allows 10 boat slips to read, maximum
allowable boat slips by DNR. Also, 20 parking spaces and maximum
number of units to be 10 and change town houses to town homes.
Mrs. Krista requested a written amendment to the Development
Agreement reflecting the changes mentioned, before being sent to
Council.
Mr. Garthwaite moved to recommend to the City Council the
approval of the amended Development Agreement, with language
al lowing the ma:<imllm numher of boat sl ips permitted by DNR.
Seconded by Mr. Fa220ne. Motion CARRI~O 5-2. Mr. Klein and Mr.
Hildenhrand voted no.
Chairman Hellsten called for a recess at 7:20 p.m.
Meeting reconvened at 7:30 p.m.
CONT I NUFD SI.5 I NFSS ~
R7-9104
Anderson
Florence
Florence Anderson, 1904 S.
and William l~atha,,^Jay, Attorney,
Anderson n':?rjlJested rezoni ng from
Riverside:>
authorized
R-l to R-5.
Drive - Ray
agents for
Chairman Hellsten stated this case
November meeting and asked for a motion.
motion to remove the case from the
Fazzone. Motion CARRIED 7-0.
had been tabled from the
Mr. Garthwaite made a
table, seconded by Mr.
Chairman Hellsten made mention of the meeting held by Mr.
Anderson and the ablltting neighbors as well as Mr. Karet and
himself. The intent of the meeting was to attempt to come to an
agreement between Mr. Anderson and the neighbors. The site plan
that Ml-. Andel-son presented at this meeting r-eflects the outcome
of the meeting.
l"lr. Karet responded there had ac tua 11 y been two meet i ngs, one
held by Mr. Anderson and the neighbors without any
representatives of the City present and the meeting Chairman
Hellsten had mentioned. Mr. Karet further stated the concept
plan is similar to the previous plan except the utilities are
underground, a si x foot shadow box wood fence and the t'\lest duplex
has been changed so as to be unintrusive to the neighbors.
Land Development and Regulatory Agency
Regular Meeting
Derember 12, 1991
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There was also a language change made to that portion of the
agreement that refers to zoning. A previous draft contained
language which stated, if the developer does not comply with the
agreement, the City may rezone the property to R-l or any other
zoning classification which the City deems appropriate. The
neighbors objected to this language. As a result new language
was inserted that stated the property would be rezoned R-l or any
other zoning classification which yields one unit per acre.
Mrs. Storey said she wasn't comfortable with the new language in
the agreement. She said the language in the previous draft
agreement was better. Mrs. Storey didn't feel it appropriate, in
a development agreement, to bind the City's legislative decisions
in this way. Mrs. Storey also said she will advise the Council
and the board to stay with the original language.
Chairman Hellsten asked for audience participation.
Lincoln Road neighbors of the Anderson property spoke
zoning change, saying they bought their property and
with the understanding the Mrs. Anderson's property
1, which allows only one residence per parcel.
against the
built homes
was zoned R-
Mr. Montqomery. 1901 S. Riverside Drive Mr. Montgomery
expressed concern as to why he wasn't invited to the meeting Mr.
Anderson had with the Neighbors. Mr. Karet reminded Mr.
Montgomery that he had been told of the meeting when they met in
his office.
Mrs. Lanchoni, 110 Lincoln Road Mrs. Lanchoni expressed her
displeasure in the rezoning request stating that she, as well as
others, had approached the Anderson's to purchase their land.
The Anderson's declined their offers. She proceeded to give a
brief history of the Anderson property. She summed up saying the
Anderson's are trying to capitalize on their property.
Don Benninqton - Virqinia Street - Mr. Bennington stated he feels
the rezoning request is not in line with the Comprehensive Plan.
He also said he feels this would be spot zoning. Mr. Karet
indicated that the language in the comprehensive plan that Mr.
Bennington referred to had been changed as a result of conflict
with DCA.
Land Development and Regulatory Agency
Regular Meeting
December 12, 1991
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Doris Hill. 112 Linroln Road - Mrs. Hill said the rezoning would
set a preredent for other lots on Riverside Drive that are the
same size as Mrs. Andersons's. Mrs. Hill said there are many
similar lots on Riverside Drive and asked if they request a
rezoning would they be permitted to do the same thing. She feels
this is bad judgement, saying once the zoning is changed there is
no turning bark. Mrs. Hill also stated the Anderson's should be
allowed to use their property to its highest and best use, but
they are only entitled to use it to its highest and best use as
zoned. Mrs. Hill sllmmarized saying she could live with the
development agreement, but the City could not. She asked the
board to deny the zoning change.
Mr. Karet stated there are no other similar situations on
Riverside Drive. He said the mix of zoning designations ahutting
Mrs. Anderson's property (R-1,R--2,R-4,R-3 and 8-4) make it
unique, so the board would nnt be setting precedent if it
approved the zone chang!? Mr. Karet recommended in favor of the
change, because the R--5 designation would serve as a buffer
between higher and lower density.
Mrs. Tina Pa}armo. 210~ S. Riverside Drive - Mrs. Palarmo stated
she is opposed to the Development Agreement. She said the
property owners look to the City to protect them and thinks the
City should oppose the rezoning.
t1r. Jim Reeves 1 1 14 L i nco I n Road - Mr. Reeves sa i d he owns the
ahutting property to Anderson's property. He said he wouldn't
have bought his property if he knew two story, multipll?-family
dwellings could bl? built to the south of him and is concerned
with his propl?rty losing value.
Mr. William Hathaway. Attorney - Mr. Hathaway, authorizl?d agent
for Mrs. Anderson stated he appreriates the puhlics concerns and
thinks the board will find the plan satisfying. He said, the
agreement is devised with some concession for the purpose of the
neighbors. Also, a fenre will be built to provide privary and
added there are several two story dwellings on Riverside Drive
of a height similar to the proposed duplexes. Mr. Hathaway
asked for the hoards approval of the Development Agreement.
Chairman Hellstp.n gave a brief sllmmery of the neighhors comments.
Mr. Klein moved to deny
seconded by Mr. Hildenbrand.
the zoning change from R-1 to R-5,
Motion CARRlrD 7-0.
Land Deve I opment anc1 Regul a tory Agency
Regu I ar I"leet i ng
Decemher 12, 1991
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PISf.USSIQN ITEM?:
Planninq and Zonin~ Director's Report:
Mr. Karet reviewed the 1992 meeting schedule and asked the board
if they any conflicts with the meeting dates. The board agreed
that the 1992 schedule was fine as shown.
~hairman's Report:
Chairman Hpllsten asked the
Mr. Karet said it is scheduled
end of January.
status of the Comprehensive Plan.
to be transmitted to DCA by the
Chairman Hellsten also inquired about development regulations
that Mr. Karet was working on with the City Attorney. Mr. Storey
said the charter and the Land Development Regulations will be
done in the next month or so.
Chairman Hellsten asked ahout the low
the tolerance factor with setbacks.
overlay is awaiting the City Attorney's
will meet on the tolerance factor.
impact office overlay and
Mr. Karet said the officer
review he and Chief Vola
B..gency Memher Re[lorts:
Mr. Ewing asked the status of the Edgewater Commons. Mr. Karet
said the developer has rerently replied to staff's latest review
of their plans.
AD.JOI JRNMENT :
There being no further to business to come before the agency, a
motion was made and approved to adjourn. Meeting adjourned at
9:30 p.m.
Minutes respectfully submitted by:
Sondra Meager-Pengov, Secretary
Land Development and Regulatory Agency
/SMP
Land Development and Regulatory Agency
Regular Meeting
Decembpr 12, 1991