Loading...
12-13-1990 . . (..) o or l C ~ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, DECEMBER 13, 1990 6:30 P.M. COMMUNITY CENTER Chairman C. Peter Hellsten the Land Development and Thursday, December 13, 1990, called to order a regular meeting of Regulatory Agency at 6:30 p.m., in the Community Center. ROLL CALL: Members present were Mr. Masso, Mr. Fazzone, Mr. Hellsten, Mr. Hildenbrand, and Mr. Klein (arrived at 6:33 p.m.). Mrs. Blazi and Mr. Garthwaite were excused. Also present were Mark P. Karet, Planning and Zoning Director, and Beverly Kinney, Secretary. APPROVAL OF MINUTES: The minutes presented for approval. Mr. Fazzone by Mr. Masso. Motion Carried 4-1. of November 8, 1990, were moved to approve, seconded Mr. Klein voted no. The minutes of November 20, Mr. Masso moved to approve, Carried 5-0. 1990, were presented for approval. seconded by Mr. Fazzone. Motion Mr. Hellsten stated that the members would hear SP-9009 and SP- 9010 before hearing DA-0190. NEW BUSINESS: SP-9009 1001 South Ridqewood Avenue: Mr. Karet stated that the structure is existing and the applicant wishes to convert the existing storage area into office space. He added that the site plan complies with the regulations and staff recommends approval. Mr. Klein stated that the interior has either been done or has been started. Mr. Harris, applicant, stated he has only started framing. Mr. Karet pointed out that the only work authorized has been to change out overhead doors and put in windows, as discussed at the pre-application meeting with city staff. He added that no other approvals had been granted. Mr. Harris stated he had spoken with Dennis Fischer of the Building Department, and 11r. Fischer had stated it was o.k. to frame up the storage areas. Mr. Karet stated he had also spoken with Mr. Fischer. Mr. Fischer stated he didn't know anything about it. There was some discussion regarding the access off of New York Avenue ie: publicly dedicated right-of-way vs. easement. Mr. Fazzone Hi ldenbrand. moved to approve Motion Carried 5-0. SP-9009, seconded by Mr. SP-9010 135-137 West Marion Avenue: Mr. Karet stated that this site plan is the latest revision submitted which adds a building to the rear of the site and changes the traffic pattern. He added that the site plan meets code and staff recommends approval. There was some discussion regarding screening and stormwater as they pertain to Shangri-La Subdivision. Mr. Fazzone moved to approve, seconded by Mr. Masso. Motion Carried 5-0. CONTINUED BUSINESS: Public Hearinq DA-0190 "Windview Condominium": Mr. Karet stated that there will not be a public hearing. The developer's attorney, Glenn Storch of Storch and Hansen, was to notify all abutting property owners, but was not able to contact two (2) of them. Attorney Mary Hansen was present to represent property owner's Thomas Kane and Jim "Buddy" Davenport. 1 ....., <.> Q Mr. Fazzone stated that at the last meeting it was agreed the discussion tonight would be regarding land density, building height and parking availability. Ms. Hansen discussed the current use of the property (lot 6 is vacant and lot 7 is apartments). She added that the B-4 zoning district was designed to provide services to tourists, ie: hotels, motels, etc.. The current owners of the property wish to enhance the area. The proposed condominium units, originally proposed at 50 feet high, can be lowered to 45 feet. She stated that parking for the proposed condominium is short by 3 parking stalls, and the density will be acceptable if the access and screening is addressed properly. Ms. Hansen stated that the development agreement is a tool that will be negotiated until the developer and the city are satisfied. It was noted that the agreement will be recorded to become part of the deed. Ms. Hansen added that any deviation from the approved site plan will require public notice and approval by the city. Ms. Hansen stated that this issue she would has no objection. objection. since there were people present regarding like to hear their comments if the Agency Chairman Hellsten stated there was no Bill Hathaway, attorney for Ray Anderson stated the zoning code permits multi-family dwellings with a height of no more than 26 feet, and condominiums are not permitted in the 8-4 district. Mr. Hellsten stated that hotels/motels are permitted in the 8-4 district and the permitted height is four stories which can be a height of 50 feet. Mr. Karet stated that later in the meeting the members will be discussing other alternatives for this property. C. Clark. Fern Palm Drive asked how the B-4 zoning came about in the first place. Mr. Hellsten stated the uses were existing so they were listed among the permitted uses for the district and "grandfathered" in. Ray Anderson discussed the zoning of the B-4 district, and stated that when the property was zoned B-4 none of the abutting property owners were notified, but apparently Florida law did not require notification. Mrs. Anderson stated she was not aware the property was commercial, but her son (Ray Anderson) was told he could not build a two story home, because it would block the view of the river. Mr. Karet stated that property on the east side of Riverside Drive is zoned R-1A and the height restriction is 1 story or 26 feet, and the property on the west side is R-1 with a height restriction of 35 feet. Mr. Fazzone asked the possibility of all vacant property on Riverside Drive being used for condominiums if the proposed condominium is approved. Mr. Karet stated that this could not occur beyond the B-4 district without amendments to the comprehensive plan and zoning ordinance. Thomas Kane stated the reason he purchased the property is because it is zoned commercial. He added that the property was zoned B-4 in 1974. Mr. Davenport stated he and his associate have spent a lot of money hiring engineers and architects to develop a nice project. Land Development and Regulatory Agency Regular Meeting Thursday, December 13, 1990 2 . . u o There was discussion and pretreatment and Hellsten stated the prior to the city developers. regarding short term (transient) tenancy, retention of stormwater runoff. Chairman members needed more technical information entering into any agreement with the Ms. Hansen stated that if approved, the developers will package for a hotel. She increased density, transients, area. the development agreement is not submit a site plan application added that a hotel will have an and a high traffic impact on the The members agreed that they are still concerned about the height of the proposed condominium, the need for more definitive wording regarding stormwater in the development agreement, and the proposed density level. Chairman Hellsten stated that the members needed to look at possible alternatives for the area, and address issues satisfactorily. NEW BUSINESS: Administrative Land Use Plan Amendment: Chairman Hellsten stated that the B-4 district is an unusual zoning category for a residential area, and the reason for placing this on the agenda is to discuss the possibility of rezoning the B-4 district and the ramifications. Mr. Klein stated that all of the B-4 district being developed as condominiums, hotels, or motels will cause a tremendous impact on a small amount of land. Mr. Karet stated that the members should also consider the fact that if a land use plan amendment is made and the land use map is amended, no improvements to properties will be permitted and property owners will no longer have any incentive to improve the quality of the structures. He added that a land use plan amendment must take into consideration the surrounding uses, the existing uses, and environmental impacts. Chairman Hellsten discussed possible legal ramifications. Mr. Karet stated that most likely there will be a legal challenge based on vested rights and equitable estoppel issues. Mr. Klein moved to defer a public hearing until a later date (after January). Mr. Fazzone seconded. Motion Carried 3-2. Mr. Masso and Mr. Hellsten voted no. Ms. Hansen stated that the only way to get the condominium going is to o.k. the development agreement. She added that she wants this to go for a public hearing in January. Mr. Klein moved to hold the public hearing at the Agency's February meeting, seconded by Mr. Fazzone. Motion Carried 5-0. Ms. Hansen stated that ultimately there will be a legal challenge, and the city will have to prove to a court good valid reasons for lowering the density of the land use category. She added that a building permit can be pulled for a hotel before a land use plan amendment can be made. AN-0190 Annexation of 455 Acres: Attorney Mary Hansen was present to represent the applicant, Harvin Clark and Associates. Ms. Hansen stated that the proposed annexation would eventually be used for an 18 hole golf course community with approximately 600 manufactured homes, and a proposed mixed use area within the development. She noted that St. Johns and the Corps of Land Development and Regulatory Agency Regular Meeting Thursday, December 13, 1990 3 . . .' \J o Engineers are currently investigating the wetlands located on the property, and Jim Modicas, an environmentalist, is preparing a report in regards to the wetlands. Ms. Hansen stated that the main access will be on U. S. 1 and a secondary access will be available on Volco Road. She added that Volco Road, which runs through the property will be realigned. Ms. Hansen stated that Reuse water will be utilized and the site should accommodate 350,000 to 500,00 galIO~S of treated effluent for irrigation purposes. Ms. Hansen stated that traffic improvements will be put in place as needed. ~~ Ms. Hansen stated that there is an enclave of approximately 54 acres, but she is scheduled to appear before the County Council to get their approval of the annexation into the city. Ms. Hansen discussed the equitable apportionment of impact fees, a future fire station, and police protection. Ms. Hansen stated that a fire station will be needed within approximately 5 years, and it was noted that the tax base created will make up for costs regarding police protection. Al Keaton discussed a meeting of Edgewater residents with Ron Ferland of Dyer,Riddle, Mills, and Precourt held in the Community Center regarding the Capital Improvements Program. Harvin Clark stated the proposed building lots 100, and the cost1will be $50,000. to $75,000. Lyo~ -+k.. n~ Mr. Karet stated that staff still needs proposals for a fire station and the enclaves recommendation to the Agency. are to be 63 by to hear prior to specific making a Mr. Klein moved that after hearing the presentation this evening, the Agency's preliminary recommendation is favorable. Mr. Fazzone seconded. Motion Carried 5-0. Mr. Hellsten called a recess at 9:15 p.m.. at 9:21 p.m.. The meeting resumed DISCUSSION ITEMS: Planninq and Zoninq Director's Reports: Mr. Karet stated that the scheduled hearing dates with DCA are February 20th and 21st. He added that the VGMC is responding to their comments, but no hearing date has been set as yet. Mr. Karet stated that a lot was accomplished at last nights Sign Ad Hoc Committee meeting. Chairman's Report: Chairman Hellsten stated the rezoning issue will probably be coming up more often, and the members may want to consider a workshop to discuss the "global impact" and economic considerations. Aqency Member Reports: Mr. Klein asked that the City Manager be made aware of the comments made by Mr. Harris regarding SP-9009. Mr. Karet stated he would speak to the City Manager. There being no further business to Fazzone moved to adjourn seconded meeting adjourned at 9:28 p.m.. come before the Agency, Mr. by Mr. Hildenbrand. The 4