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03-14-1991 Joint w/Sign Ad Hoc Committee o 0 0<''''- . V'') CITY OF EDGEWATER JOINT MEETING LAND DEVELOPMENT AND REGULATORY SIGN AD HOC COMMITTEE THURSDAY, MARCH 14, 1991 6:30 P.M. COMMUNITY CENTER AGENCY Chairman C. Peter Hellsten called to order a joint meeting of the Land Development and Regulatory Agency and Sign Ad Hoc Committee at 6:30 p.m., Thursday, March 14, 1991, at the Community Center. ROLL CALL: Land Development and Requlatory Aqency Siqn Ad Hoc Committee Mr. Masso Mrs. Blazi Mr. Fazzone Mr. Garthwaite t"lr. Klein Mr. Hildenbrand Mr. Hellsten Present Excused Present Present Present Present Present Mr. Cichewicz Mrs. Bennington Mrs. Hill t"lrs. Borner Mr. Hellsten Present Present Present Present Present Also present were Mark P. Karet, Planning and Zoning Director, Lynne Plaskett, Assistant Planning and Zoning Director, and Beverly Kinney, Recording Secretary. Chairman Hellsten thanked the Ad Hoc Sign Committee for their diligence in preparing the draft ordinance. Chairman Hellsten stated that this evening the draft is being presented to the Agency, and added that public hearings will be held at Council level. Chairman Hellsten stated that what happens to non-conforming signs when the new sign regulations go into affect will have to be addressed by the Agency. Mrs. Plaskett reviewed some minor changes to the draft. Mr. Karet stated that new Land Development a process by which concurrently with the fees are not addressed specifically in the Regulations. The new regulations establish fees are considered on an annual basis budget. Mr. Fazzone asked about participation from the people who will be affected by these regulations. Chairman Hellsten stated there was not much input. Mrs. Bennington stated the Committee members spoke to various people and brought their comments to the Committee meetings. Chairman Hellsten stated that equal enforcement across the board is of the utmost importance. Mr. Klein asked how sign regulations. ( 60% ) . many existing signs will Mrs. Plaskett stated it was not meet the new over sixty percent Mrs. Bennington stated the illustrations included were in the proposed regulations so they will be easily understood. She added that aesthetics were also taken into consideration. Chairman Hellsten stated that the basic illustrations were from the Boca Raton sign ordinance and the Committee used height and coverage requirements that will work in the City of Edgewater. Mr. Cichewicz stated there has been discussion at Committee meetings to have signage brought into compliance with the change of tenancy or ownership. 1 o o Chairman Hellsten stated that are because some businesses along U.S. 1 do for ground or freestanding signs, and the Agency for relief. provisions for pole signs, not have sufficient room those people can come to Mr. Cichewicz discussed allowing "landmark" signs, such as Loveland Groves, to remain. Mrs. Hill stated that she has a problem with grandfathering signs. Mrs. Bennington stated that if landmark signs are to be allowed then there needs to be a definition in the regulations. Mr. Klein stated he would like more time to review the draft. Mr. Hellsten stated that the Agency and Ad Hoc Committee should meet again in two (2) weeks. Mr. Fazzone moved to have a special meeting in two (2) weeks to discuss and take action on the proposed sign regulations. Mr. Klein seconded. Motion Carried 10-0. Mr. Cichewicz moved to adjourn, joint meeting of the Agency approximately 7:10 p.m.. seconded by Mrs. Bennington. The and the Committee adjourned at Chairman Hellsten reconvened the meeting of the Land Development and Regulatory Agency at 7:24 p.m.. APPROVAL OF MINUTES: The minutes of January 23, 1991 were presented for approval. Mr. Fazzone moved to approve, seconded by Mr. Garthwaite. Motion Carried 5-1. Mr. Hellsten voted no, because he was not at the January 23rd meeting. The minutes of February 14, 1991 were presented for approval. Mr. Garthwaite moved to approve, seconded by Mr. Fazzone. Motion Carried 6-0. Chairman Hellsten stated that items 6, 7, and 8 (new business) will be heard prior to item 5 (continued business). NEW BUSINESS: SP-9011 Ocean Breeze Plaza II: William Wagner and Dominic Caputo, property owners, were present. Mr. Karet stated the applicant's are requesting site plan approval for a chicken and ice cream shop on U.S. 1. There was discussion regarding department head comments. Mr. Karet stated that all comments have been addressed, and staff recommends approval. Mr. Garthwaite asked if the project will be done in phases. Mr. Caputo stated the project will not be constructed in phases. Mr. Fazzone moved to approve, provided that all comments have been addressed, seconded by Mr. Garthwaite. Motion Carried 6-0. VA-9101 3016 Needle Palm Drive: Joseph and Valerie Deimel, property owners, are present to request a variance from sections 301(d) and 602.04(d)(2) of the Zoning Ordinance in order to construct a carport five (5) feet from their side property line. Mr. Karet reviewed the criteria in granting a variance. Mr. Karet stated: 1) There is nothing irregular about the lot or terrain; 2) The applicants have the same buildable area as other 80' by 125' lots in their district; 3) No special circumstances have been indicated by the applicant; 4) Setbacks serve a legitimate public purpose by providing access to the sides and rear of buildings, prevent the spread of fire, and promote aesthetics; and 5) Granting the variance would reduce the required side setback, and increase the amount of buildable area. Joint Land Development and Regulatory Agency Sign Ad Hoc Committee Thursday, March 14, 1991 2 o o Mr. Deimel stated he would like a variance to keep 2 cars out of the elements. Chairman Hellsten asked if there were any special circumstances that will support the request. Mr. Deimel stated he was just asking for the variance, and it cost him $75.00 to make the application. Mr. Karet stated that in an earlier conversation with the Deimel's, he told them that staff would not support the applicants request. Mr. Fazzone stated he sympathizes with Mr. Deimel, but he explained that in order to grant a variance, the applicant must meet all of the criteria listed in the Code of Ordinances. George Schmeil, aluminum contractor for the Deimel's, asked if a carport can be erected if it is within the setback requirements, with the permitted setback encroachment for the overhang in the side yard. Mr. Karet stated yes, the posts are to be no more than 8'8" on the east side and 8'7" on the west side, and the overhang can be 11 '8" on the east side and 11'7" on the west side. Mr. Garthwaite moved to deny the request, seconded by Mr. Klein. Motion Carried 6-0. RZ-9101 2120 South Ridqewood Avenue: Nancy Barbara, property owner, requests the rezoning of Belmont Plaza from B-5, Planned Shopping Center district, to B-3, Highway Service Business district, on property which contains a 32,162 square foot strip commercial center. Mr. Karet explained that the property abuts a strip commercial center zoned B-5 to the north, vacant property zoned R-4 to the south, vacant property zoned B-3, and a mobile home park, zoned MH-S to the east, and vacant property zoned R-4 to the west. Mr. Karet stated that both the existing and requested rezoning are consistent with the comprehensive plan which has a designation of commercial on the future land use map. Mr. Karet stated that since there are no specific criteria in the Code of Ordinances, the Planning and Zoning Department used the following criteria: 1) Is the proposed rezoning consistent with the existing pattern of land use? Mr. Karet stated that development patterns extremely similiar; 2) Have changed or changing conditions in the surrounding area made the rezoning necessary? Mr. Karet stated no. However, the applicant wished to be rezoned because the B-3 has a greater number of permitted uses than the B-5. He added that staff has no objections to granting the request. Mr. Garthwaite asked if Mrs. Barbara is willing to fix the old parking stall lines (that show through) across from Kenny's convenience store, and restripe the stalls correctly. Mrs. Barbara stated she is willing to comply. Chairman Hellsten asked Mrs. Barbara if she was aware that some uses may be denied because of fire regulations. Mrs. Barbara stated she had been informed by Mr. Karet, and she will do whatever is necessary. Mr. Fazzone moved to recommend approval of the rezoning request, seconded by Mr. Hildenbrand. Motion Carried 5-1, with Mr. Klein voting no. SP-9013 Windview Development: Mary Hanson, attorney, was present to represent Thomas and Lois Kane, and James Davenport, owners. Ms. Hanson stated that at the last meeting questions arose about the effective date of the Comprehensive Plan, Floor Area Ratio (FAR), traffic impacts, and the actual size of the lot. Land Development and Regulatory Agency Regular Meeting Thursday, March 14, 1991 3 '-> o Ms. Hanson read a letter she had received from Thomas Cloud of Gray, Harris, and Robinson, Attorneys for the Volusia Growth Management Commission (VGMC), regarding the effective date of Comprehensive Plans in Volusia County. Mr. Cloud states in his letter "that in reviewing the Volusia County charter and the statutory provisions of Chapter 163, Part II, Florida Statutes, the Comprehensive Plan does not go into effect until the certification of consistency is granted by the VGMC. Ms. Hanson read a memo regarding the interpretation of FAR from York Phillips of LaRue Planning and Management, the consulting firm hired by the city to prepare the city's Land Development Regulations. I"lr. Phillips states that "the intent of FAR is to limit the quantity of activity on site in order to control intensity and demand for facilities (traffic and sewer generation, and water demand, etc.). Gross floor area assumes that a percentage of the building will be involved in mechanical equipment, storage, etc. When a floor is not in actual use (such as parking) it is not contributing to the demand for services. Ms. Hanson also read states "the plat of and 28,000 square feet a letter from Ron record shows 27,160 for lot 7, which is Lucas, surveyor, which square feet for lot 6, 1.266 acres. Ms. Hanson stated that 1.266 acres x .30 = 4,884 square feet per floor x 3 floors = 14,652 square feet which is 1,900 square feet less than the maximum permitted intensity. Ms. Hanson asked that the Agency make a decision tonight. Mr. Karet stated that the city's former attorney stated that the Comprehensive Plan went into effect when it was adopted. Mr. Karet stated that he had met with Glenn Storch, attorney (Storch and Hanson), and Bill Hathaway, attorney for Ray Anderson of 1905 S. Riverside Drive. Mr. Karet stated that if the site plan is found to be inconsistent with the Comprehensive Plan then the Agency must report their findings of inconsistency. Mr. Karet stated that he also discussed the Coastal High Hazard Area (CHHA), and Floor Area Ratios (FAR) with both attorneys. He commented that FAR's are derived by dividing the total area of the building by the site (lot). The original site plan shows approximately .90 acres. Calculating 4,884 x 4 floors divided by the gross area of the lot equals a FAR of .5 which is too high per the city's Comprehensive Plan. Mr. Karet, referring to Ron Lucas' letter, stated that the LDRA has previously approved plans where the actual usable area is not as large as the total area of the lot. He cited Section 502.05, of the Code of Ordinances, which states that "where bulkhead lines have been established the boundary shall follow such bulkhead lines". Mr. Karet and Mr. Storch had previously discussed whether the FAR includes each floor of the building, or the three (3) floors above the parking. Mr. Storch argued that the parking should be excluded because FAR are an intensity control. Mr. Karet did not necessarily concede, but agreed to contact the consultant who wrote that portion of the Comprehensive Plan. The consultants response was previously read into the record by Ms. Hanson. Chairman Hellsten questioned which lot size is correct, .90 acres or 1.266 acres. Mr. Karet stated that the applicant's are using the bulkhead to increase the overall size of the lot. Land Development and Regulatory Agency Regular Meeting Thursday, March 14, 1991 4 u o Chairman Hellsten pointed out that the land is submerged. Ms. Hanson stated that it is still privately owned and part of the lot. There was some discussion regarding permitting and the possibility of filling at a later date. Mr. Fazzone stated that the Agency should not be asked to make a decision tonight because important information has been given to the members at the last minute, and now, according to the applicant, the size of the lot has gotten larger. He added that the correspondence read by Ms. Hanson was not made available to the Agency members, and he doesn't think the request is consistent with the Comprehensive Plan. Mr. Fazzone stated that he would like to know the city's legal opinion. Mr. Hathaway reminded the members that Acting City Attorney, Nikki Clayton, had indicated that if there is any inconsistency with the Code, then the Comprehensive Plan is to be followed, and if the site plan is inconsistent with the Comprehensive Plan the Agency has a valid reason to deny the request. Mr. Hathaway discussed information provided to the members by Mr. Ray Anderson which points out the inconsistencies. Mr. Hathaway stated there are still questions to be answered; 1) Is the Comprehensive Plan in effect; and 2) Is the property in question .90 acres or 1.266 acres. Ms. Hanson reiterated her request for the Agency to make a decision to either approve or deny the site plan tonight. Chairman Hellsten stated that the information provided tonight shows him that the height of the project should be no more than 2.4 stories, and he believes the Comprehensive Plan is in effect, and with that being the case, he asked for a motion to deny the site plan. Mrs. Montqomery. 1901 S. Riverside Drive stated that all she has been hearing is discussion about the Comprehensive Plan. She added that the residents in the area pay high taxes and get nothing. Mr. Garthwaite moved to deny the site plan on the grounds that it is inconsistent with the Comprehensive Plan. Mr. Hildenbrand seconded. Mr. Fazzone stated that the Agency can't take personal feelings into consideration, they have to go by the Code (of Ordinances). Ray Anderson, 1905 S. Riverside Drive stated that in November of 1989, there was a request to rezone property on Riverside Drive from R-l to R-5 and it was denied, because it was found to be inconsistent with the Comprehensive Plan. Motion Carried 5-1, with Mr. Masso voting no. DISCUSSION ITEMS: Planninq and Zoninq Director's Reports: The members were given a summary of cost estimates regarding AN-0490. Mr. Karet stated the figures were on a per capita basis. He added that the applicant is also preparing data for the members to review. Mr. Klein stated that he was under the impression that the applicant's had withdrawn their request for annexation. Ms. Hanson stated that she had spoken with Acting City Attorney Nikki Clayton, and Ms. Clayton stated that since the letter of withdrawal had not been formally accepted by the city, the request for annexation is still valid. Land Development and Regulatory Agency Regular Meeting Thursday, March 14, 1991 5 o o . , Chairman Hellsten asked when AN-0490 is scheduled to go before the Council. Ms. Hanson stated if there is no reason for reconsideration then the recommendation for approval previously voted on by the Agency will go to the Council as soon as possible. Mr. Klein and Ms. Hanson discussed Robert' Rules of Order vs. constitutional rights regarding reconsideration. Chairman Hellsten asked to have this item placed on the agenda for the special meeting to take place in two (2) weeks so the members can discuss new information and send their comments to Council. Ms. Hanson stated she Agency for review. Mr. their review be given to chance to look it over. will be forwarding revenue data to the Fazzone asked that any information for them prior to the meeting so they have a Mr. Klein brought up the letter of withdrawal again. Mr. Karet reiterated Ms. Hanson's statement that the Acting City Attorney stated it was not formally accepted by the city. Mr. Fazzone stated he wants to see the city's expected revenues. Mr. Karet stated he will provide the information. Mr. Karet stated that when Pelican Cove East was platted it was platted for townhouses, however, no townhouses were placed on the lots. Now there are only a few lots left to be developed. J.C. Carder has applied for a variance from the required setbacks, and he has other lots which are similarly situated. Mr. Karet stated that Mr. Carder has been informed by staff that the city can not recommend a variance, because it is not a unique situation. Mr. Karet asked the Agency to hear this issue April 14th as a variance. Mr. Klein stated that the "blanket variance" was approved by past Councils for Mr. Carder's Pelican Cove West development. Chairman's Reports: Chairman Hellsten information presented to the members at be accepted, because the members do review the information. stated that last minute meetings will no longer not have enough time to t"lember Repor ts: None. There being no further business to Masso moved to adjourn, seconded by adjourned at approximately 9:10 p.m. come before the Agency, Mr. Mr. Garthwaite. The meeting Land Development and Regulatory Agency Regular Meeting Thursday, March 14, 1991 Minutes respectfully submitted by: Beverly Kinney, Recording Secretary 6