Loading...
10-10-1991 u o ~~<&> \ Q "Q... ~ CITY OF EDGEWATER LANn DEVELOPMENT ANn REGULATORY AGENCY REGULAR MEETING THUR5DAY,OCTOBER 10, 1991 COMMUNITY CENTER, CITY HALL Chairman~. Pet8r Hellsten the Lanrl Development anrl Thursday, October 10, 1991, called to order a regular meeting of Regulatory Agency at 6:30 p.m., in the Community Center of City Hall. ROIL CAlL: Memhers present were Mr. Masso, Mr. Ewing, Mr. Faz?one, Mr. Garthwaite, Mr. Klein, Mr. Hildenhrand and Chairman Hellsten. Also present were Mark P. Karet, Director of Planning and Zoning, Krista Storey, City Attorney and Sondra Meager-Pengov, Secretary. APPROVAL OF MINUTF.S: The minutes of August 15, 1991 were presented for approval. Mr. Fazzone made a motion to approve the minutes as presented, seconded by Mr. Masso. Motion CARRIFD 6-1. Mr. Klein ahstained as he was excused from the meeting. The minutes of August 22, 1991 were presented for approval. Mr. Garthwaite made a motion to a~rrove the minutes as presented, seconded by Mr. Masso. Motion CARRIFD 4-3. Chairman Hellsten and Mr. Hildenbrand abstained as they were excused from the meeting. Mr. Klein abstained as he was ahsent from the meeting. The minutes of Mr. Fazzone moved by Mr. Garthwaite. Sertemher 5, 1991 were presented for approval. to arprove the minutes as presented, seconded Motion CARRIFD 7-0. The minutes of Septemher 12, 1991 were presented for approval. Mr. Masso moved to ar~rove the minutes as presented, seconded by Mr. Faz?one. Motion CARRIFD 5-2. Mr. Garthwaite ahstained as he was excused and Mr. Klein ahstained as he was absent. CONT I NI n=:o Bt JS I NESS: R?-9104 - Florence Ande:>rson. 1904 South Riverside Drive Ray Anderson anrl Attorney William Hathaway, authorized agents for Florence Anderson requested rezoning from R-1 to R-5. Land Development and Regulatory Agency Regular Meeting October 10, 1991 -1- '-> o Chairman H~llsten 15, 1 991 mee t i ng Garthwait~ moved Mr. Klein. Motion stated R?-9104 had been tabled at the August and requested a motion to untable. Mr. to untable the rezoning request, seconded by CARRIE"D 7-0. Mr. Karet gave a brief overview of the August 15, 1991 meeting. He said the authorized agents for Mrs. Anderson requested to rezon~ a one acre parcel, located at 1904 South Riverside Drive, from R-1 to R-5. He said staff recommended, in its r~port, that the LDRA approv~ the applicants r~quest for rezoning. LDRA h~ard from memhers of the neighborhood and after some discussion it b~came apparent that the LDRA did not support the request as presented. Th~re was discussion of possible alt~rnatives, such as a developers agreement that would provide for single family homes. The board moved to table the request. Mr. Karet further stated h~ m~t with the d~velopers and discussed the placem~nt of single family homes on the property. The d~velopers felt they did not want single family hom~s. Mr. Karet said the developers have since presented a proposal to place two duplexes on the prop~rty. Mr. Hathaway, on behalf of th~ applicant, stated he is "here in a effort to r~ach a compromis~. H~ pr~sented a diagram of two propos~d duplex~s and th~ property location. Mr. Hathaway furth~r explained the varied zones surrounding the property of 1904 South Riverside Drive. He said th~ rezoning request to R-5 district is a low d~nsity, multi-family district, which is consist~nt with the Compr~h~nsive Plan and it will also s~rve as a buff~r bptwe~n the resid~ntial ar~a. Mr. Hathaway said all the details shown on the diagram could b~ incorporated in a development agreement; thus restricting the type of development on the lot. Mr. Hathaway pres~nted a lett~r of intent from Mary Frances Thornton owner of th~ prop~rty to the south of the Anderson property. The letter stat~d she intends to develop a duplex in the near futur~. Cha i rman H~ 11 s ten asked Mr. ria thaway i f th~ to the n~ighhoring property owners regarding Hathaway replied no. Andersons had spoken his proposal. Mr. At th~ board's requ~st, to th~ public. Chairman H~llsten open~d the discussion Land Development and Regulatory Agency Regular Meeting October 10, 1991 -2- I J o o Doris Hill. 112 Lincoln Road - Ms. Hill asked if the development agreement predicated on the zoning change or is the zoning change predicated on the development agreement. Ms. Hill's concern is once there is a zoning change it will be a dead issue and they can do anything they want with the property. Chairman Hellsten replied, if there is a zoning change it would permit the activity that is being proposed and a development agreement becomes binding on the property. He explained that the development agreement would be more restrictive than the zoning and can not be deviated from. Ms. Hill also asked if the Anderson's sold their property before developing it, would the new owner be bound by the same development agreement? Mr. Karet said it could be "built" into the agreement that successors in title to the Anderson's property would be bound by the agreement, and the agreement would be good for up to five years with a possible extension of an additional five years. Mr. Karet further stated that because the LDRA enters into a development agreement with one individual, does not mean they are bound to do it with others if they were not similarly situated. Chairman Hellsten asked Mr. Karet why R-4, rather than R-5 zoning is not being used so as to have a contiguous area. Mr. Karet replied, it could be done either way, however, the zoning ordinance specifically defines the R-5 as suited for this particular situation. Ms. Hill inquired as to whether the road indicated on the plan will be a road or a private road. Mr. Karet stated this will be a driveway. He also said this conceptual plan will require some acquiescence of the property owner to the south. Chairman Hellsten opened discussion to the Board. There was brief discussion on the size of each duplex and whether it would be conceivable to build two single family homes. Mr. Fazzone expressed his dissatisfaction with the prospect of building duplexes instead of single family homes. He stated Mr. Anderson had fought hard to keep the hotel from being built, because he did not want to increase the density of the area and now he wants to increase the density of this area. Mr. Ewing change or agrepment asked Mr. Karet which is more restrictive, zoning a development agreement. Mr. Karet said a development can be made more restrictive. Land Development and Regulatory Agency Regular Meeting October 10, 1991 -3- (.) o Mr. Klein discussed the possibilities on Riverside Drive as to whether this would be setting a precedent. Mr. Klein moved to table and direct staff to explore further, the development agreement with the idea of developing duplexes with the condition that the neighbors be consulted and also looking into the possibility of the agreement setting a precedent for other lots on Riverside Drive. This information to be provided at the next LDRA meeting of November 14, 1991. Seconded by Mr. Masso. Motion CARRIED 7-0. Chairman Hellsten called a brief recess at 7:38 p.m. and resumed the meeting at 7:45 p.m. NEW BUSINESS: SP-9109 MCI TeleCommunications L.or~oration Sam Weaver, authorized agent for MCI TeleCommunications Corp., requested site plan approval. Mr. Weaver explained to the board they have an existing fiber optic cable along Florida East Coast Rail Road and the proposed site will be l!sed to boost fiber optic transmissions. Mr. Garthwaite asked if there is any possibility of explosion from the propane on the site. Chief Vola replied the probability of explosion is not a concern. Mr. Masso made a motion to approve the site plan, seconded by Mr. Fazzone. Motion CARRIED 7-0. ZA-0?9? - Furniture Manufarturinq Outlet. 112 Manqo Tree Drive.- Robert Howard, authorized agent requested zoning text amendment. Mr. Karet explained the original request was to amend the text of the I-I zoning district regulations to permit furniture manufacturing in the list of permitted uses and in conjunction, allow the sale of items from a factory outlet. He stated the staff is in concurrence with the request, although, there is a slight modification. Staff suggested the list of permitted uses does not need to be changed, however, the text to the accessory uses should be amended to allow the sale of goods from a factory outlet as long as it is on the same site as the primary use. Mr. Karet further stated other types of sales are permitted in that zoning district. Mr. Howard was asked what occasional mattress. would be sold, and he replied an Land Development and Regulatory Agency Regular ("Ieeting October 10, 1991 -4-- o o Mr. Fazzone moved to accept the recommendation of the Planning and 7-oning Department that the list of permitted uses remain unchanged and that Section 607.00(c) - Accessory Uses, be amended instead. The section should state that the sales of goods from a factory outlet may be permitted as an accessory use only when in conjunction with a primary use listed above. Seconded by Mr. Masso. Motion CARRIED 7-0. Tolerance Factor for Setbacks - Fire Chief, Bill Vola explained to the board that the Building Trades Regulatory and Appeals Board recommended that the LDRA allow for a two inch flexihility factor on encroachments for cases of hardship and for the hardship to be determined by the Building Official. He continued to describe examples of situations where the builder had no control over encroaching into a setback. Chief Vola stated he supports the BTRAB recommendation of a tolerance factor of two inches, but would offer an alternative suggestion; use the Technical Review Committee established in the proposed Land Develorment Code. He said this Committee would be more capable of determining the overall imract of this minor variance. Mr. Karet stated, very srecific standards need to be met if a tolerance factor is allowed. Mr. Karet said there are two proposals to handle the determination as to whether something is in a sethack; the Building Trades Board would allow one person to make the determination or; use the Technical Review Committee, which is proposed in the new Land Development Rpgulations, that has a number of different department heads and must be decided by a unanimous decision. He said the committee, as currently proposed, would include the Planning and Zoning Director, Fire Chief/Building Official, Utilities Director, Puhlic Works Director and the City fngineer. After considerable Hellsten and the wording and furnish discussion it was board members to it to the LDRA. the consensus of Chairman have staff develor draft Land Develo~ment Hellsten said this then i ntrodllced the board. and Requlatory Aqency By-laws Chairman wi 11 be defel-red for fUl-ther discussion. He new City Attorney, Krista Storey to the Ms. Storey expressed pleasure in all the meetings and will be necessary. She also stated she appear to be relatively standard. being here and plans to attend providing legal council when reviewed the By-laws and they Land Development and Regulatory Agency Regular Meeting Octoher 10, 1991 -5- (.) o Ms. Storey explained the responsibility of the board to the community and all their discission must be unbiased. She said the boards credibility with the community is important and they must govern themselves accordingly. Mr. Ewing stated he wants to go on recor~ that he is speaking at the City Council meeting on Monday night'lHe requested that this. issue no t be discussed 0 Mr. Fa7zone made reference to Mr. Ewing speaking (as a LDRA Board memher) at the last Council meeting and expressed his displeasure and asked Ms. Storey for an opinion. Ms. Storey stated she does not recommend a board memher speaking on issues that may 70me before the LDRA or have already been decided by the board. She also said a board member should decide whether they are more important as a spokes person for the community or more important as a board memher. QISQJSSION ITFMS: Plannin~ and ?oninq Director's Reports - Mr. Karet said the 450 acre annp.xation agrp.ement has bp.en accepted by City Council. Now the annexation ordinance, comprehensivp. plan amendment and rezoning ordinancp. will bp. developed. He also said, a special meetinl] of the '-ORA wi 11 be held on October 24, 1991, to consider the amendment, and ordinances if the LDRA has no objections. AD.JOl IRNMFNT : There being no additional business to come before the agency, a motion was made and approved to adjourn. The meeting adjourned at 9:00 p.m. Minutes respectfully submitted by: Sondra Meager-Pengov, Secretary Land Development and Rpgulatory Agency /SMP Land Development and Regulatory Agency Regular Meeting October 10, 1991 -6-