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02-14-1991 ~ Q o CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, FEBRUARY 14, 1991 6:30 P.M. COMMUNITY CENTER Chairman C. Peter Hellsten the Land Development and Thursday, February 14, 1991, called to order a regular meeting of Regulatory Agency at 6:34 p.m., in the Community Center. ROLL CALL: Members present were Mr. Masso, MR. Fazzone, Mr. Garthwaite, Mr. Hellsten, Mr. Klein, and Mr. Hildenbrand. Mrs. Blazi was excused. Also present were Mark P. Karet, Planning and Zoning Director, and Beverly Kinney, Recording Secretary. APPROVAL OF MINUTES: The minutes of December 13, 1990, were presented for approval. Mr. Klein move to approve, seconded by Mr. Fazzone. It was noted that page 4, first paragraph should state: Ms. Hansen stated that reuse water will be utilized and the site should accommodate 350,000 to 500,000 gallons per day. It was also noted that page 4, fifth paragraph should state: Harvin Clark stated the proposed building lots are to be 63 by 100, and the cost of each unit will be $50,000. to $75,000. Mr. Klein moved to approve with the above stated amendments, seconded by Mr. Masso. Motion Carried 5-1, with Mr. Garthwaite voting no. The minutes of December 27, 1990, were presented for approval. Mr. Garthwaite moved to approve, seconded by Mr. Masso. Motion Carried 4-2, with Mr. Klein and Mr. Fazzone voting no. The minutes of January 10, 1991, were presented for approval. Mr. Fazzone moved to approve, seconded by Mr. Masso. Motion Carried 5-1 with Mr. Garthwaite voting no. Chairman Hellsten stated that the continued business will be deferred until the Members have heard SP-9008 and SP-9013. NEW BUSINESS: SP-9008 Bob Mr. Graham, square foot Neighborhood reviewed Mr. Graham Commercial Buildinq: Mr. Karet stated that owner, is requesting site plan approval for a 24,000 commercial building on Guava Drive in the B-2, Business District. He added that the staff had Graham's submittal and they recommend approval. There was some discussion regarding the fire rating at the rear of the proposed building, and the type of business proposed. Mr. Karet stated the use of the building will depend on the permitted uses in the zoning district and the available parking on the site. Mr. Graham stated that he plans to use the building for a drywall business. Mr. Garthwaite moved to approve, seconded by Mr. Masso. Carried 6-0. Motion SP-9013 Windview Development: Glenn Storch, attorney, and Kimberly Buck, engineer, were present to discuss the proposed hotel to be located on South Riverside Drive, in the B-4, Tourist Commercial District. Mr. Karet stated that the revised site plan that the members are reviewing shows an 18 unit hotel. He added that the initial submittal showed 21 units, but 3 units had been removed to accommodate the required fire lane. Mr. Karet stated that all staff comments have been addressed and they recommend approval. 1 o o There was discussion regarding the floor plan of the hotel. Mr. Hildenbrand noted that the floor plans for the units did not resemble a hotel room. Mr. Storch stated that the hotel rooms will be suites. Mr. Hildenbrand also asked whether a master meter or individual meters would be used for the utilities. Ms. Buck stated that the developers will use a master meter, but at a later date, the master meter can be changed out for individual meters. Mr. Karet stated that there is no restaurant or bar facility planned, because the current code requires 50 units at the site, and there is not enough land available. Mr. Fazzone stated that the plan does meet all required codes, but there are other considerations. He cited Ordinance 88-0-8, section 304.00, Uses By Right, which states that the Agency must send its written findings to the City Council that will show: A) that the development will not impair the character of the surrounding or adjoining districts, nor be detrimental to the public health, morals, or welfare; B) that the requested use will be in conformity with the land use plan; C) Adequate utilities, parking, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided for. He added that the comprehensive plan calls for low density east of Riverside Drive, and he believes the applicant's request is contrary to the comprehensive plan. Mr. Storch stated that if the site plan meets code than it is the responsibility of the Agency to grant approval. He added that the property is zoned for a hotel, and the proposed use is consistent with the Comprehensive Plan. It was noted that the Department of Community Affairs <DCA) had been contacted. Mr. Karet stated a member of the public had contacted them, and they indicated they do not have a problem with the hotel project as long as the city does not subsidize development in the Coastal High Hazard Area with infrastructure improvements. Mr. Storch reiterated the proposed hotel ordinances have been regarding density, addressed. that all concerns by city staff regarding have been addressed, and all codes and met. He added that the Agency's concerns height, and intensity have also been There was considerable discussion regarding the increased density along Riverside Drive as it pertains to the Comprehensive Plan. Mr. Karet stated that the density levels in the Comprehensive Plan refers to permanent dwelling units and not hotel rooms. There was discussion regarding the proposed hotel's recognition by the Florida State Hotel and Restaurant Commission. There was also discussion regarding the possibility of changing the use from a hotel to a condominium at a later date. Mr. Karet stated that a request change hotel to a condominium use would require the applicant's to come back to the city for approval. 1 Bill Hathaway.attorney. 500 Canal Street. New Smyrna Beach stated he represents Mr. Ray Anderson of 1905 South Rivet-side Drive, which is the adjacent property to the north of the proposed hotel. Mt-. Hathaway asked if access to the suites will be inside the building or not. Ms. Buck stated that access will be through a balcony type walkway which will lead to the stairs and the elevator. Land Development and Regulatory Agency Regular Meeting Thursday, February 14, 1991 2 o o Mr. Hathaway stated that the current code allows either one (1) parking space per bedroom or one (1) parking space per unit. He asked who determines which parking regulation will be applied. Mr. Karet stated that one (1) parking space per unit had been selected by the applicant, staff agreed with the selection because the parking requirements in the current code are generally excessive. Reducing the amount of impervious area close to the river was considered beneficial. Mr. Hathaway asked what changes have been made to the floor plan to change this project from a condominium to a hotel. Mr. Karet stated that offices for a check in area have been added. Mr. Hathaway asked how the city will verify that this is being used as a hotel instead of a condominium. Mr. Karet stated that the Code Enforcement Officer will physically investigate the site. Mr. Hathaway asked if anyone had checked with the state as to whether the plans meet their criteria for a hotel. Mr. Karet stated that staff has not checked for this particular site, but the applicant's have been put on notice that they must register with the state and meet all applicable criteria. There was discussion regarding engineering and utility department comments. Mr. Karet stated that the plans submitted are over and above current city code. Mr. Hathaway inquired about the required St. Johns permit. Mr. I(aret stated that all permits must be presented to the city prior to a Certificate of Zoning being issued. Mr. Hathaway stated that he believes this is a condominium parading as a hotel, and it doesn't fit into the area. Mr. Hathaway suggested that it would be appropriate for a moratorium to be placed on the B-4 district so the city has time to evaluate in detail if this is the type of development that is wanted along Riverside Drive. He added that during the moratorium, the city should look at down zoning properties in the B-4 district or leaving the commercial designation in place but decreasing the intensity of the permitted uses. Dolly Berts. 1401 S. Riverside Drive stated she is concerned about the environmental impacts and the fact that people have placed thei~ life savings into their properties along Riverside Drive. Jim Reeves. 114 Lincoln Road stated he is from south Florida and he moved here to get away from just this type of thing. He stated he is concerned about the safety of his children in regard to the number of transients and increased traffic. Ray Anderson. 1904 S. Riverside Drive discussed sewer lines required for the project. He also discussed the fact that there is no divider striping for traffic on Riverside Drive. James Montqomery 1901 S. Riverside Drive discussed his concerns regarding the aesthetics of the project and how it will fit in with the rest of the homes along Riverside Drive. Florence Anderson. S. Riverside Drive stated she will view of the rive,- if the project is app,-oved. lose her Land Development and Regulatory Agency Regular Meeting Thursday, February 14, 1991 3 o o Mary Thornton discussed the original zoning for the project. Arthur Miller 211 Meadow Lake Drive discussed the water and sewer problems the city is already facing. Mr. Karet stated that the plant capacity figures are continuously recalculated, and currently the city has more than enough capacity to accommodate this project. He added that the hotel will have 14 units that are not constantly in use. Dorothy MontqOmel-y stated that she believes the suites are really apartments and that the owner's will convert the hotel into a condominium at a later date. Mr. Hellsten stated the issues are density, traffic, a definition of a hotel vs. a condominium, and sewer capacity. Mr. Garthwaite added that other considerations are the river (as a resource) and the compatibility of uses in the B-4 district. Mr. Fazzone stated that stormwater runoff is another issue, and the city attorney should be present for any further discussion. Tabling this issue was discussed for the reasons stated above. Kimberly Buck, engineer for the project, stated that the proposed stormwater control will create less runoff then is currently on the site. Mr. Fazzone suggested Agency should consider a Karet suggested that the they have legal council. that instead of tabling this item, the moratorium for the B-4 district. Mr. Agency hold off on a moratorium until Mr. Fazzone moved to table until the next meeting as long as legal council is available. Mr. Hildenbrand seconded. Mr. Klein stated that he has a problem with the parking shown on the site plan, and he believes the state hotel regulations should be investigated. Motion Carried 6-0. Mr. Hellsten called a recess at 7:45 p.m.. at 8:00 p.m.. The meeting resumed CONTINUED BUSINESS: Land Development Requlations: Mr. Hellsten stated the Sign Ad Hoc Committee is still working and they have been urged by the Mayor to get things done by the end of February. He added that he is generally pleased with the progress being made. Mr. Karet stated that the request of the Sign Ad Hoc Committee to reinstate the current sign ordinance was approved by the City Council. Mr. Karet discussed subdivisions and stated that staff is of the opinion that the proposal to eliminate minimum dwelling sizes is not appropriate in the Land Development Regulations, but the removal of minimum lot size requirements will accomplish the comprehensive plan objective of providing affordable housing. The Agency discussed density levels per acre, and the difference between density and intensity levels. Mr. Karet stated that staff is looking for direction regarding a specific minimum dwelling and lot sizes. Mr. Masso moved to have staff go ahead and develop standards for the Agency's approval at a later date. Mr. Garthwaite seconded. Motion Carried 6-0. Land Development and Regulatory Agency Regular Meeting Thursday, February 14, 1991 4 , o Q DISCUSSION ITEMS: Planninq and Zoninq Director's Reports: None. Chairman's Reports: None. Aqency Member Reports: Mr. Klein asked if meetings scheduled on holidays can be moved up a day or two. Mr. Fazzone discussed the Agency's recent action to recommend approval to the City Council regarding the annexation of 455 acres. Mr. Fazzone moved to reconsider that motion. Mr. Garthwaite seconded the motion. Mr. Klein stated the city should annex the property for the tax base, because if they don't develop in the city, they will develop in the county and the city will lose the impact fees. Mr. Hellsten stated he received a memo from Council person Nora Jane Gillespie which suggests that the Agency look at the New Smyrna Beach golf course. Mr. Hellsten questioned whether the cost for fire and police protection will be paid for by the proposed development or whether residents throughout the city will be paying. Mr. Garthwaite stated the effluent being handled by the proposed development is a plus. Mr. Garthwaite stated he was withdrawing his second until the motion is more detailed. Mr. Fazzone asked how much revenue will the property bring in, and is it paying its own way. Mr. Karet stated it is difficult to assess, the actual costs of providing services to any single dwelling unit, but he can provide the LDRA with rough figures. Mr. Fazzone moved to reconsider the motion on the annexation agreement at a special meeting when information regarding revenue, cost of police and fire services, and road maintenance is available. Mr. Garthwaite seconded. Motion Carried 6-0. Mr. Hellsten stated that the city attorney should be present at the meeting. Mr. Hellsten stated that discussion regarding a moratorium for the B-4 district should also be discussed, including discussion of conflicts in intensity of development of the B-4 and R-1, Single Family Residential, districts, possible conflicts with city Charter, and financial responsibility. Mr. Karet stated a special meeting will be set up and the members will be notified. Mr. Garthwaite and Mr. Fazzone were reminded that their terms were expiring on March 7, 1991, and if they are interested in reappointment to the Agency, they will need to notify the City Clerk's office, in writing. There being no further business to come before the Agency, Mr. Garthwaite moved to adjourn, seconded by Mr. Masso. The meeting adjourned at 8:30 p.m. Land Development and Regulatory Agency Regular Meeting Thursday, February 14, 1991 Minutes respectfully submitted by: Beverly Kinney, Recording Secretary 5