02-14-1991
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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.
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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.
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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
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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
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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
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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
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