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11-20-1990 l' <' "... o u CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING 6:30 P.M. TUESDAY, NOVEMBER 20, 1990 EDGEWATER PUBLIC LIBRARY Vice-Chairman Dominick Fazzone called to order a regular meeting of the Land Development and Regulatory Agency at 6:32 p.m., Tuesday, November 20, 1990, at the Edgewater Public Library. The meeting was recessed at 6:33 p.m., pending the arrival of C. Peter Hellsten, Chairman, and Jose' Alvarez, City Attorney. The meeting was reconvened at 6:39 p.m. ROLL CALL: Members present were Mr. Masso, Mrs. Blazi, Mr. Fazzone, Mr. Garthwaite, Mr. Hellsten, Mr. Klein and Mr. Hildenbrand. Also present were Mark P. Karet, Planning and Zoning Director, Jose' B. Alvarez, City Attorney, and Beverly Kinney, Secretary. It was noted that Mayor Elect Tanya Wessler was in the audience. APPROVAL OF MINUTES: September 26, 1990: Mrs. Blazi moved to approve, seconded by Mr. Garthwaite. Motion Carried 6-1, with Mr. Klein voting no. October 11, Mrs. Blazi. 1990: Mr. Fazzone moved to approve, seconded by Motion Carried 6-1, with Mr. Klein voting no. October 24, 1990: Mr. Garthwaite moved to approve, seconded by Mr. Fazzone. Motion Carried 6-1, with Mr. Klein voting no. CONTINUED BUSINESS: DA-0190 Developer Aqreement Windview Condominium: Attorney Glenn Storch, authorized agent, was present. Mr. Hellsten stated that this not a public hearing, and that a public hearing will take place at a later date, and interested parties will be permitted to speak at that time. Mr. Karet stated that issues carried over from the November 8th meeting include the alternative permitted uses for the property, the ultimate height of a structure in the B-4 zoning district, and amendments to the Developer Agreement. Mr. Karet referred the members to his memo dated November 15th regarding alternative development in the 8-4 district. Mr. Karet pointed out that there are no standards for story height in the zoning ordinance or technical codes, however, a rough guideline is generally eight feet (8') for residential structures and twelve feet (12') for commercial structures. He added that these figures are simply guidelines and that actual story heights tend to vary with individual designs. Mr. Storch stated that at the Agency's request the word "substantial" had been removed so that no deviations from the approved plan and development agreement would be permitted without revisiting the entire approval of the development agreement and the site plan process. There was discussion regarding the required number of parking spaces. Mr. Storch stated that the architect for the project was currently working on this issue. Mr. Karet stated that the members need to compatibility of the surrounding neighborhood as the proposed condominium development. look at the it pertains to 1 p ..- o ~ , Mrs. Blazi stated that if a hotel is built on the sight, it will be of a higher intensity than a condominium. She added that there may also be a restaurant and a bar which would increase traffic to the area. Mr. Karet pointed out that if a hotel is constructed the number of rooms will increase, because the required square footage per unit is less than for the proposed condominium. The members discussed the pro's and con's of a hotel versus a condominium, and agreed that a hotel would be less desirable in that location. The members discussed the proposed height of the structure. Mr. Storch stated the roof may be brought down and it is high, because it is a decorative roof line. He added that the parking placed at ground level (under the first floor of dwelling units) hides some of the vehicles which makes a more attractive site. Mr. Karet stated that if the height of the structure is lowered, some units may be lost and the required number of parking spaces will be less. Mr. Storch agreed to look at the height, density and parking for the proposed project. Mr. Hellsten asked if the other lots in the B-4 district could be developed in the same way. Mr. Alvarez stated that if the conditions are similar the answer is yes, and it will be up to the city to develop the proper criteria on a case by case basis that will be in their best interest. Mr. Alvarez added that if the circumstances are the same the city can not arbitrarily deny some developments and allow others. The members agreed to continue discussing height, density, and parking at the next s~heduled meeting. SP9005 Restaurant U.S. 1 and Shanqri-La Drive: Mr. Karet gave a history of this site plan from the date of submittal to the present, which included the submittal of a traffic impact analysis on October 26th, and review by the City Council on November 2nd. The Council referred the site plan back to the Agency for further review and a recommendation. Mr. Karet referred to the memo from Gates Castle, City Engineer, dated November 20th, regarding the traffic impact analysis. The memo states that according to the analysis there is sufficient capacity to accommodate the traffic volumes that will be generated by the propsed restaurant without significantly impacting U.S. 1 and Shangri-La Drive. Mr. Castle also stated that the analysis does not address the accident history at the intersection of U. S. 1 and Shangri-La Drive, or the number of existing and projected gaps in the traffic on U.S. 1 sufficient to allow left turn movements from Shangri-La Drive. Mr. Karet stated that staff recommends approval of the site plan with one (1) cut on U.S. 1. and that consideration of the cut on Shangri-La Drive be postponed until the applicant provided the additional information requested by the City Engineer. Mr. Fazzone and City Attorney Alvarez discussed the current law suit regarding Marwin, Inc. and the city. Mr. Alvarez stated if Mr. Fazzone did not stand to gain anything monetarily, and he was not tainted by any preconceived ideas regarding this project there should be no problem. Mr. Fazzone stated for the record that he was tired of attornys attempting to intimidate the members. Mr. Klein asked about the ownership of Shangri-La Drive. Mr. Hellsten pointed out that at their meeting of August 29th, the three (3) attorneys present at the meeting agreed that Shangri-La Drive is a public thoroughfare. Land Development and Regulatory Agency Regular Meeting Tuesday, November 20, 1990 2 ~ f ~ Q Mr. Garthwaite moved to grant 1 cut for egress/ingress on U.S. 1 with extension of the deceleration lane to the north. The cut onto Shangri-La Drive is to be held until the questions (11-20-90 memo) of the City Engineer regarding the traffic impact analysis have been answered. Mrs. Blazi seconded. Mr. Hellsten opened the floor for comments from the audience. Bob Messenqer talked about Shangri-La Drive. Sid Peterson, Attorney for homeowners of Shanqri-La Subdivision stated that there was also vacant property to the south which should be considered in making their decision. He added that the peak traffic times will be during the winter months, and the traffic impact analysis does not reflect this. He stated he was entering his objections to the whole procedure, because he believes the matter was brought to the Agency inappropriately and the decision had been made on August 29th when the Agency denied the site plan, and on September 17th when the Council denied the appeal made by the developer. Frank Row development light. stated U.S. 1 is getting more traffic and any new should be bound to putting monies towards a traffic Frank Ferquson, president of Shanqri-La Homeowners Association stated that he did not think enough pressure had been placed on the Department of Transportation to lower the speed limit from 50 miles per hour to 40. Motion Carried 6-1. Mr. Klein voted no, stating that he believed that the agency had already decided this Issue. Mr. Hellsten called a recess at 7:58 p.m.. at 8:11 p.m.. The meeting resumed Land Development Requlations: Mr. Karet reminded the members that they had tabled review of Chapter 22, Dimension and Density Standards at their last meeting. Mr. Karet stated that he had received a draft of the complete document the day before. He added that the members had not received a copy, because it is 250 pages long and there had not been enough time to have it copied for the members to review. Mr. Karet stated the draft had been generated to meet the Department of Community Affair's submittal deadline at the end of this month. Mr. Karet stated that public hearings will be held at the Council level after the Agency forwards their recommendation to them. Mrs. Blazi moved to table any further discussions of the land development regulations until the document submitted to DCA had been made available to the members. Mr. Fazzone seconded. Motion Carried 7-0. NEW BUSINESS: 1991 Meetinq Schedule: Mr. Karet stated that at the present time the Agency is meeting twice a month. The first meeting of the month is for applications submitted for Agency review, and the second meeting of the month has been for the Land Development Regulations. Mr. Karet stated that the Planning and Zoning Department is preparing the 1991 schedule and a decision needs to be made regarding the number of meetings the Agency will have per month. After some discussion, meetings in the month of regulations, and then go the members agreed to hold two (2) January to finish the land development to one (1) meeting a month, the second Land Development and Regulatory Agency Regular Meeting Tuesday, November 20, 1990 3 , o o Thursday of each month. They also agreed that if necessary the members will meet more than once a month. Ad-Hoc Siqn Committee: Mr. Karet noted that C. Peter Hellsten, Chairman of the LDRA, Maureen Borner, Chairman of the Citizen Code Enforcement Board, Jose' B. Alvarez, City Attorney, and himself would be on the committee along with whoever the Agency members appointed tonight. Mr. Karet reminded the members that at a previous meeting they had agreed on representatives from the real estate/development field, the retail business field, an a private citizen. The members discussed the four (4) letters submitted to the city by people interested in serving on the Ad Hoc Committee. The applicants were Gigi Bennington (private citizen), Perry Barrett (developer) Doris Hill (real estate), and William Cichewicz (retail business owner). The members agreed that they needed to form a committee that can work together harmoniously and productively. Mr. Karet stated that staff has no recommendation. Mrs. Blazi stated that people from the real estate field were the main people interested in what was going on when the original sign ordinance was discussed and adopted. After some discussion, Mr. Klein moved to appoint Doris Hill, Gigi Bennington and William Cichewicz to the committee. Mr. Masso seconded. Motion Carried 6-1 with Mrs. Blazi voting no. Mr. Fazzone pointed out that together. Mr. Klein moved reinstate enforcement of the seconded the motion. Motion everyone needed to start working to send a request to the Council to current sign ordinance. Mrs. Blazi Carried 7-0. DISCUSSION ITEMS: Planninq and Zoninq Director's Reports: Mr. all items pending review by the Agency. Karet went through Mr. Klein stated that work had already begun at 1001 S. Ridgewood Avenue (SP-90091. Mr. Karet stated that the work being done was not changing the footprint of the building. All that is currently being done is the removal of overhead doors for replacement of windows. He pointed out that a renovation permit has been pulled by the applicant. Chairman's Reports: None. Aqency Member Reports: Mr. Garthwaite noted that there was .a lack of parking at the library. He added that at one time (1988) there was discussion of increasing the parking by vacating Alamanda Drive and using the land for parking for the library and the real estate office located next door. Mr. Karet stated he was not familiar with this item, but he would research it and make a recommendation to Council. There being no further business to Klein moved to adjourn, seconded by adjourned at approximately 8:42 p.m.. come before the Agency, Mr. Mrs. Blazi. The meeting Land Development and Regulatory Agency Regular Meeting Tuesday, November 20, 1990 Minutes respectfully submitted by: Beverly Kinney, Secretary 4