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12-12-1991 .' .. , (.) CITY OF EDGEWATERO 104 N. RIVERSIDE DRIVE P.O. Box 100 - Edgewater, Florida 32132-0100 (904) 428-3245 Sun Com 371-7005 A- pp' ,-=,~-C2- ~ 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 Q Q Page -2- 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 o o Page -3- 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 o o Page -4- 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 o o Page -5- 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 o o PAge -6- 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 (.I o Page -7- 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