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05-09-1991 .. Q o O~,~ t 1 CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, MAY 9, 1991 6:30 P.M. COMMUNITY CENTER Chairman C. Peter Hellsten called to order a regular meeting o~ the Land Development and Regulatory Agency at 6:36 p.m., Thursday, May 9, 1991, in the Community Center. ROLL CALL: Members present were Mr. Masso, Mr. Fazzone, Mr. Garthwaite, Mr. Hellsten, Mr. Klein, and Mr. Hildenbrand. Mr. Rossiter was absent. Also present were Mark P. Karet, Planning and Zoning Director, Nikki Clayton, City Attorney, Beverly Kinney, Recording Secretary, and Sondra Meager-Pengov, Staff Assistant. APPROVAL OF MINUTES: The minutes of March 27, presented for approval. Mr. Fazzone moved to minutes, seconded by Mr. Masso. Motion Carried 6-0. 1991, were approve the The minutes of April 11, 1991, were presented for approval. Mr. Garthwaite moved to approve, seconded by Mr. Fazzone. Motion Carried 6-0. DA-0191 Dustin's Bar-B-Que Restaurant: Chairman Hellsten stated that this item has been disposed o~ by the City Council. Pelican Cove Subdivision: Chairman Hellsten noted that Mr. Carder was not present, so the members agreed to go to the next item and discuss this issue when Mr. Carder arrives. DA-0191 Windview (Condominium) Development: Mr. Klein stated that he does not believe it is appropriate to hear this, because the applicants have not withdrawn their request ~or site plan approval ~or a hotel (SP-9013) on the same site. Chairman Hellsten stated that it is appropriate, because DA-0191 is a continuing item, the Windview Hotel site plan was denied by the LDRA at a previous meeting. Mr. Karet stated that the latest dra~t o~ the development agreement represents a compromise. Mr. Karet stated that the proposed condominium consists o~ two (2) stories, twenty-six ~eet high, sixteen (16) units, fifty (50) feet from the river, thirty-two (32) parking spaces, and a pool that is twenty-five (25) feet from the river. Mr. Karet added that a special el>:ception would nonllally be needed fl-om the LDRA to permit the condominium, and a separate waiver from the Council to allow the pool to encroach into the setback. However, the agreement serves to bundle these items into one (1) document apprved by both bodies. Glenn Storch, Attorney, stated that the side setback will be twelve (12) ~eet rather than the usual twenty (20) ~eet for emergency vehicle access, because the developer has agreed to put a sprinkler system in the building which has been approved by Bill Vola, Fire/Rescue Chief. Attorney Storch stated that the exterior look of the condominium has been changed to a mediterranean style with a red roof. Attorney Storch added that native vegetation will be planted and rubble will be removed from the shoreline of the river. City Attorney Clayton stated that she had briefly reviewed the development agreement which needs minor changes, but that what has been stated at this meeting adequately describes what is being proposed in the agreement. She added that the development agreement goes with the land, not just the current property owners. Mr. Fazzone stated that when this item first came to the 1 ., o o Agency they did not have the benefit of legal counsel, and he asked if the City Attorney was satisfied with the agreement. City Attorney Clayton stated that this agreement looks very much like any other development agreement she has seen. Chairman Hellsten stated that he is concerned about any areas of omission in the agreement. Attorney Storch stated that is addressed in Section 10 of the agreement. He added that site plan approval by the city will be required prior to any development. Mr. Fazzone stated he would like to hear from those who have stated their objections prior to making any judgement. James Montaomery. 1901 S. Riverside Drive has spent many months discussing whether or and not whethel- it is an asset to the a.l-ea. the variance the applicant is requesting. stated that the LDRA not this meets code, He also asked about Rav Anderson. 1905 S. Riverside Drive stated that this item first came before the Agency in November, 1990, and it has gone back and forth from a condominium to a hotel, and back to a condominium, again. Mr. Anderson stated that he wanted to emphasize the word compromise. He added that the original plan was a four (4) story building. Mr. Anderson stated that the facts of life are that the property is designated for commercial use, and the pl-opel-ty wi 11 be developed. Ml-. Andel-son stated that at previous meetings there was debate as to whether the comprehensive plan is in effect. He also discussed the fact that when this issue first came to the Agency the size of the lot was smaller and now the developers are including submerged land to increase the size of the lot, and that the public is faced with a choice to accept either a four (4) story or a two (2) story building, and that at this time the law is not in favor of the opposition's beliefs. William Hathaway. Attorney for Ray Anderson. 500 Canal Street. New Smyrna Beach referenced Section 11, Amendments, stating that he understands that amendments have to be done as in the original draft of the development agreement. City Attorney Clayton stated that this is one of the minor changes she had in mind. Chairman Hellsten asked if amendments will come back to the LDRA. Attorney Storch replied that they will come back to the LDRA for approval. Dorothy Montaomery. 1901 S. Riverside Drive questioned the removal of rubble along the shoreline. She stated that she understood nothing along the shoreline was to be touched. Mr. Kal-et explained that cun-ently thel-e is a decaying palmetto bulkhead which will be replaced with a new bulkhead. Mrs. Montgomery also stated that she didn't think condominiums were permitted in that zoning district. Chairman Hellsten stated condominiums are permitted as a special exception. He added that the developer is within his rights to put in a four (4) story hotel, and a compromise is now being discussed. Mr. Garthwaite asked if Section 3, Permitted Uses, precedent. City Attorney Clayton stated that the permitted as a special exception in the zoning code comprehensive plan, so there is no precedent being set. set a use is. and the Mr. Klein stated that the agreement should not be any longer than two (2) years, the variance for the pool should not be granted, and he questioned how much property there really is. Mr. Karet stated that the twenty-five (25) foot rear setback is intended to slow down runoff from entering the river. He also noted that the Land Development and Regulatory Agency Regu I al- "'lee t i ng Thursday, May 9, 1991 2 o o City Council has previously allowed development in the setback from the river. Mr. Karet added that the shoreline is to be restored to a more natural setting, and the harmful affects of stormwater runoff will be better mitigated than if the land is left in its present state. Mr. Klein stated that per the 20ning code, all variances have to go through the LDRA. Mr. Karet stated that the Stormwater Ordinance is not a part of the 20ning code. Chairman Hellsten asked if the current high water line will be preserved when the bulkhead is redone. Attorney Storch stated the current high water line will stay where it is. The Agency members agreed that they would like this to be stated in the development agreement. Mr. Fa220ne discussed the possibility of the future development of a marina. Chairman Hellsten stated there should be a limit on the number of boats allowed, and he doesn't want to see the existing dock expanded. Attorney Storch stated there are currently two (2) finger piers. Dorothy MontQomery stated the dock is falling down and needs to be rebuilt. She added that there is no entry to the dock area until high tide. Mrs. Montgomery stated that boats have to come up the intercoastal through her dock area, and she asked if she was going to have to put up with a lot of boat traffic. Chairman Hellsten stated that the development should be entitled to some boat traffic, and he reiterated that the members will have to come up with a number of boats to be permitted. Attorney Storch had a blueline drawing of the proposed plans for the condominium available for review. Chairman Hellsten called a recess at 7:30 p.m., so the members could review the plans. The meeting was called back to order at 7:40 p.m.. Chairman Hellsten questioned the docks. He stated that he has been told there is currently one (1) existing docJ~, but the plans he just reviewed shows two (2) docks. Attorney Storch stated he was not sure about the number of current docks at the site, but the developers are proposing two (2) which will require state approval prior to construction. Mr. Anderson stated that DNR allows only one (1) boat per three (3) units. Attorney Storch stated that the developers will agree to allowing only five (5) boats for the sixteen (16) units per DNR standards. Chairman Hellsten noted there is also a discrepancy in the height of the building. The Agency is being told the height will be twenty-six (26) feet and the plan shows that portion of the roof line is thirty (30) feet. Mr. Karet stated the height is set in the development agreement. Attorney Storch stated that the roof line will be reduced. Rav Anderson discussed the first floor elevation level. Mr. Karet stated that currently the first floor elevation is nine (9) feet above sea level and that figure has been established by the Federal Emergency Management Agency (FEMA) as of June 4, 1990. Chairman Hellsten asked about runoff on the sides of the property. Mr. Karet stated that is an engineering issue, but most likely it will be handled with a retaining wall and a swale. Mr. Karet added that the primary treatment of runoff will be in an area towards Riverside Drive and secondary treatment will be at the rear of the property. It was noted that after the approval of the development agreement, the developers will have to come back before the LDRA for a site plan approval. Land Development and Regulatory Agency Regular Meeting Thursday, May 9, 1991 3 o o Chairman Hellsten stated that the Agency must make a recommendation to the City Council. He stated that the Council is currently scheduled to hear an appeal regarding the site plan for the hotel that the LDRA denied. Chairman Hellsten stated that he would like to see the development agreement and the site plan for the condominium come to the LDRA for approval at the same time. Attorney Hathaway noted that public hearings will be required before the development agreement can be accepted. Attorney Storch stated that the Edgewater Code of Ordinances does not address development agreements, so he looked at the Florida Statutes which states there must be two (2) public hearings with due public notice approximately one Cl) week prior to each public hearing. He added that both public hearings can be held at the Council level, or the LDRA can hold one (1) and the Council can hold one (1). There was discussion regarding the best way to handle the public hearings. Mr. Fazzone moved to grant provisional approval pending the attorneys working out the verbiage regarding height (26' height maximum), docksCl new dock and replacement of 1 dock), and maximum number of boat slips permitted at docks (5 boats maximum). Mr. Garthwaite seconded. There was some discussion regarding the motion, and the motion was reworded. Mr. Fazzone moved to grant approval of the development agreement in concept, and, a public hearing should be scheduled when the correct verbiage is prepared. Mr. Garthwaite seconded. City Attorney Clayton suggested that the motion regarding approval of the development agreement be reworded, because this is not a duly publicized public hearing. Mr. Fazzone withdrew his motion and Mr. Garthwaite withdrew his second. Mr. Fazzone moved to direct staff to set up a public hearing, seconded by Mr. Garthwaite. Motion Carried 5-1. Mr. Klein voted no. Pelican Cove Subdivision: Mr. Karet stated that Mr. Carder had provided surveys of the properties on the east side of Pelican Lane and an overlay of the existing and future homes on a plat. Mr. Karet added the structures do not meet code, but they are consistent .-Ji th each other. f>1r. Karet remi nded the members that Mr. Carder was requesting a waiver from the shoreline setback requirements and the R-4 setback requirements, and he gave a brief summary of the April 11, 1991, meeting of the Agency regarding this item. Mr. Karet stated that staff recommends approval as long as any potential runoff is taken away from the river and toward the street. He indicated that direction was needed from the Interim City Attorney as to the best method of resolving this matter. City Attorney Clayton stated that if the real reason for the fifty (50) foot setback is to keep runoff away from the river, then perhaps as long as the stormwater runoff is directed away from the river the same goal is attained. She added that homes are currently twenty (20) feet from the river so agreeing with the applicant's proposal will allow consistent development and better stormwater controls. Chairman Hellsten stated he could agree to a thirty (30) foot setback from a patio slab made of pervious concrete. Mr. Fazzone stated the applicant should keep the thirty (30) foot rear setbacl:: for lots 12, 13, 14, 15, 17, and 18 and then allow a porch. Chairman Hellsten stated that lots 3, 4, 5, and 6 have a rear setback starting at forty (40) feet and running down to twenty (20) feet which almost meets code, and he has no problem with that parcel. Chairman Hel1sten stated he wants to see wording that will state what is to be done. Land Development and Regulatory Agency Regular Meeting Thursday, May 9, 1991 4 r o Q Alice Murphy stated that part of Ordinance 880 was to protect the view of the river and to prevent narrow lots from being developed along the river. Chairman Hellsten stated that this development was not on Riverside Drive. Mrs. Murphy stated it was still on the river and the view should be protected. Mrs. Schmidt. 9 Pelican Lane asked what is proposed for the property next to her. Mr. Carder stated a duplex is planned for the property. Mr. Klein stated many of the structures were allowed to be built on zero lot lines, and he asked why the city should allow construction that does not meet code. Mr. Karet stated that laws were not enforced in the past. He pointed out that to go back now and enforce the code would disrupt the character of the neighborhood. Mr. Carder stated that he originally proposed townhouses on twenty-five (25) foot and thirty (30) foot wide lots with zero lot lines and he started running into short lots. Mr. Carder stated that he went to the City Council and got variances for the front and side setbacks. Mr. Carder stated that most people want a patio and eventually they roof them. Mr. Carder added that he can deal with a thirty (30) foot setback, but nothing more. Mr. Garthwaite stated these are nonconforming lots and structures and by moving the setbacks the subdivision will look out of place. Mr. Carder stated that all the lots have been sold and he wishes to resolve the problem before the property owners are ready to build. Chairman Hellsten suggested that the attorneys involved get together to draw up the proper documentation to be presented to the Agency at a later date. City Attorney Clayton suggested that a public hearing be held with a legal ad being placed in the newspaper and due public notice given to all abutting property owners. Chairman Hellsten suggested that lots 3, 4, 5, and 6 be dealt with tonight and the other lots involved be heard in the format as suggested by City Attorney Clayton. There was further discussion regarding patios. It was noted that the survey provided to the members shows a fifteen (15) foot patio at the rear of the proposed duple~(. Mr. Carder stated patio's generally run twelve (12) feet, and he will be more than happy with a twelve (12) foot patio. Mr. Karet stated that will make the rear setback thirty-seven (37) feet to the north and twenty-three (23) feet to the south. Mr. Garthwaite moved to allow a front setback of twenty-five (25) feet, a rear setback with a minimum of twenty-three (23) feet to the river less than fifty (50) feet, and the side setbacks to be ten (to) feet for construction on part of lot 3, all of lots 4, 5, and 6 as shown on plat, with agreement for stormwater retention. Due to the lack of a second, the motion failed. Mr. Garthwaite moved to approve the construction of a duplex on part of lot 3, all of lots 4, 5, 6, and part of 7 with setbacks of twenty-five (25) feet - front, ten (10) feet - side, and high water mark - rear at the house (49' north, 35' south). Mr. Masso seconded the motion. Motion Carried 5-t with Mr. Klein voting no. Mr. Garthwaite moved that the Planning and Zoning Director to get the rest of the lots squared away before this item comes back to the Agency. Motion Seconded by Mr. Masso. Motion Carried 6-0. Land Development and Regulatory Agency Regular Meeting Thursday, May 9, 1991 5 r o o NEt-J BUS I NESS: SP-9012 Friendship Baptist Church: Sid Corhern, authorized agent, stated the church, located at 2108 Hibiscus Drive, has outgl-m'lln it e>:isting facilities and \'Ilish to com;t!-uct an addition by enclosing part of the UL" shaped building to allow for a sanctual-Y. Ml-. Kal-et stated that \'Ilhen the const!-uction of the original building took place the parking requirements were exceeded so there is no need to put in any additional parking. There was some discussion regarding fire protection. Mr. Karet stated that Mr. Corhern is currently working with Bill Vola, Fire/Rescue, regarding either a fire hydrant or sprinkling part of the building. Mr. Karet stated all issues have been addressed, and staff recommends approval. Mr. Fazzone moved to approve SP-9012, seconded by Mr. Klein. Motion Carried 6-0. SP-9102 Discovery Days Institute: Luis Geil, authorized agent, was present. Mr. Karet stated there is a shared driveway <Pioneer Appliances and the institute) proposed for the site which has been approved by the City Engineer and the Department of Transportation. Mr. Karet stated that all issues have been addressed and staff recommends approval. Mr. Fazzone moved to approve SP-9102, seconded by Mr. Masso. Motion Carried 6-0. SD-9102 Minor Subdivision EdQewater LandinG Phase I: Mr. Karet stated that Marty Berge, authorized agent, is requesting the reduction in size of an access easement from twenty-five (25) feet to fifteen (15) feet between lots 91 and 92, and to have the lots replatted. Mr. Karet stated the easement was originally considered for a boat ramp area, but a more suitable location has been found that is less environmentally sensitive, and each abutting property owner will receive five (5) feet of the vacated portion of the easement. Mr. Garthwaite moved to grant the request to replat lots 91 and 92, seconded by Mr. Klein. Motion Can- ied 6-0. Mr. Klein asked to be excused at 9:43 p.m.. ZA-0191 Churches in the B-5 District: J. C. Carder, property ownel-, was pl-esent. Ml-. Karet stated that M,-. Cal-der is requesting that churches become a permitted use in the B-5 district. Mr. Karet added that in most cases development in the B-3 a.nd B-5 distl-icts is indistinguishable, and staff ,-ecommends approval of the request. Mr. Fazzone moved to recommend that churches become a permitted use in the B-5 district, as it will not impair the character of that district. Mr. Garthwaite seconded. Motion Carried 5-0 DISCUSSION ITEMS: Planninq and Zoninq Director' Reports: Mr. Karet stated that the current Recording Secretary, Beverly Kinney, is transferring to Code Enforcement and the new Recording Secretary will be Sondra Mea.gel--Pengov. Mr. Karet stated that the uHearingsU newsletter has started coming in and the Agency members will be receiving a copy as they are received in the Planning and Zoning Department. Chairman Hellsten noted there was information regarding reconsideration and asked City Attorney Clayton to draft something for the members regarding this issue. Land Development and Regulatory Agency Regular Meeting Thursday, May 9, 1991 6 Q Q . . Chairman's Reports: None. Aqency Member Reports: None. There being no ~urther business to come be~ore the members, M~. Garthwaite moved to adjourn, seconded by Mr. Masso. Meeting adjourned at approximately 9:50 p.m.. Land Development and Regulatory Agency Regular Meeting Thursday, May 9, 1991 Minutes Respect~ulLy Submitted By: Beverly Kinney , ~ W I