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09-05-1991 Special .~. . Q o ~I"} . , I C::../ ("' (~ "" t..... '. CITY OF EDGEWATER LAND DF.VELOPMENT AND REGULATORY AGENCY SPECIAL MEETING THURSDAY, SEPTEMBER 5, 1991 6:30 P.M. COMMUNITY CENTER Ch~irm~n C. Peter Hellsten c~lled to order a special meeting of the Land Development and Regulatory Agency at 6:30 p.m., Thursday, September 5, 1991, in the Community Center of City H.=lll. ROLL CALL: Members present were Mr. Masso, Mr. ~wing, Mr. Fazzone, Mr. Garthwaite, Mr. Klein (arrived at 6:40 p.m.), Mr. Hildenbrand and Chairman Hellsten. Also present were Mark P. Karet, Director of Planning and Zoning and Sondra Meager-Pengov, Secretary. Nr:W BLJ5INF.5S: AN-0191 - Victoria Golfin~: Harvin requests annexation located on the west Roberts Road. Lakes Golf Community Manufactured Homes and Clark, authorized agent for Marwin, Inc. approval for a 450 acre parcel of land side of U.S. #1, 9/10 of a mile south of Chairman Hellsten asked Mr. of the proposed annexation. Karet to give the Board an overview Mr. Karet gave a brief description and history of the annexation that was previously considered by the LDRA and recommended to Council. He commented that the annexation agreement is very similar to the one previously approved by the LDRA. A major change is that the land will be sold to individual property owners and the concept of a rental community is no longer being proposed by the applicant. The applicant did this to accommodate the wishes of the Council. This change substantially improves the fiscal impact of the proposed annexation. The information provided by the applicant and reviewed by the acting City Manager indicates that there will be a surplus of approximately $86,000 per year to the City. Mary ~Iansen. Attorney. 1620 S. Clyde Morris Rlvd.. Daytona Reach: Ms. Hansen stated she is representing Marwin, Inc. Ms. Hansen said the main proposal has not changed, they still propose to develop 650 homesites. The essential differences are in paragraph 5 of the development agreement which says the project will be a subdivision rather than a lot rental community. The o o page -2- other major change in the development agreement is in paragrarh 10, stating that the landowner will preserve significant natural vegetative communities present on the property. The landowner further agrees that landscaping proposed for the project will utilize native and drought resistant vegetation. Environmental easements will be established along rear property lines. Ms. Hansen discussed Council's past concern regarding a rental community rather than subdivision (lot sales). She feels the ad valorem taxes received will satisfy the Council. Another concern was whether or not the City could handle a development of this size with the present staff in the City of Edgewater. Ms. Hansen stated she had gone to the Volusia County Council and they agreed to send a letter assuring the City that the cooperation of the County is availahle in responding to the City's questions or concerns. Chairman Hellsten then opened the meeting board. to questions from the Mr. Fazzone commended the developer and Ms. Hansen for the fine joh they have done and the information the Board has received. He then asked Ms. Hansen if the developer was still willing to make up any deficits the City may have. Ms. Hansen said that the project was changed to a subdivision to address the concerns raised regarding a potential shortfall and as a result, the answer is no. Mr. Karet added that the shortfall that was projected at the mentioned Council meeting dealt with annual operating costs to the City once the property is built out. There was never really a question in the City's mind that there would be shortfalls during the period of time that the project was under construction. Mr. Hellsten asked Mr. Karet if there was an agreement between the applicant, the Acting City Manager and himself as far as the validity of the information submitted by the applicant is concerned? Mr. Karet replied yes. Mr. Fazzone questioned the matter concerning the enclave that will be created. Ms. Hansen said that the County Council has twice gone on record that they will not challenge the annexation. She also pointed out the county is the only entity that can challenge the annexation. Mr. Garthwaite asked if the environmental easements were across the western part of the property. Ms. Hansen noted they were on the west and south. Mr. Clark then showed a map of the area in o o page -3- question. Mr. Garthwaite also asked about the area set aside for a new fire station. Ms. Hansen said three acres is the total size of the parcel with at least one acre of developable land. Chairman Hellsten opened comments. the discussion to the public for Mr. Wilbur Sikes, Volusia County Property Owner - Mr. Sikes asked how the development WrtS going to affect Liza Clinton Road. Mr. Clark stated the development will have no affect on the road. Doris Hill, I_incoln Road - Ms. Hill stated she is heartily in favor of the proposed subdivision. She thinks the City should take advantage of the opportunity to have a golf course community. Mr. Ewing unilateral agreement. stated he thinks the annexation agreement looks like a agreement. Ms. Hansen said this is not a unilateral Chairman Hellsten stated he thinks before any aLtion is taken on the agreement it should be reviewed by the new City Attorney. Mr. Karet stated that this would be done without question. Mr. Ewing asked if impact fees will cover costs. yes, they must cover costs under state law. Ms. Hansen said Mr. Ewing asked whether the development will reduce assessments for the sewers in Florida Shores. Mr. Karet replied, that the project will not affect assessments, however, the development may reduce the need for future rate hikes. Mr. Ewing's stated that the proposed annexation area is all swamp area. Ms. Hansen showed a layout of the area showing the wetlands and upland areas. It was noted that approximately a quarter of the site are considered wetlands. Mr. Ewing read building permit figures for the past four or five years. The figure from April, 1990 to April, 1991 showed a decline in building permits, because of this he feels the developers are being very optimistic in planning build out of the golf commLlnity in five to eight years'. Mr. Karet said the point brought out by Mr. ~wing, is precisely why staff thinks this annexation is good for the City. The impending Capital Improvements Program will significantly slow development in Florida Shores. He noted that growth in the proposed development .. . . o Q page -4- will offs~t the slowing of growth in Florida Shores. He stated growth provides funds to th~ City in terms of r~venue sharing and gas tax and the like. He also noted that other communities that have not been growing as fast as predict~d have lost money from the state. Mr. Fa77on~ moved to approve th~ annexation of th~ golf course to the City of Edgewater with the stipulation that: 1.) the annexation agr~em~nt be gone over by the new City Attorn~y 2.) to urg~ the new City Attorney to get in on the ground floor for the deve 1 orment agr~ement with 'Mr. Karet. Sec-onded by Mr. Gar thwa i te Motion CARRIFD 5-2. Mr. Klein and Mr. Ewing voted no. AJ}J'OI JRNMF.:NT : There being no further business to come motion was made and seconded tn adjourn. at 8:05 p.m. before th~ ag~ncy a The meeting adjourned Minutes Resrectfully Submitt~d by: Sondra Meager-Pengov, Secretary Land Dpv~lorment and Regulatory Agency /SMP ldramin/090591