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08-29-1990 ")",_r o u OKI'(r ,. CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING WEDNESDAY, AUGUST 29, 1990 7:00 P.M. EDGEWATER PUBLIC LIBRARY Chairman C. Peter Hellsten the Land Development and Wednesday, August 29, 1990, called to order a regular meeting of Regulatory Agency at 7:18 p.m., in the Edgewater Public Library. ROLL CALL: Members present were Mr. Bennington, Mrs. Blazi, Mr. Fazzone, Mr. Garthwaite, Mr. Hellsten, and Mr. Hildenbrand. Mr. Klein was excused. Also present were Mark P. Karet, Planning and Zoning Director, Beverly Kinney, Secretary, and approximately 55 residents of Shangri-La Village. City Attorney Jose Alvarez arrived at approximately 7:30 p.m.. APPROVAL OF presented for Bennington. voted no, as MINUTES: The minutes of June 27, 1990, were approval. Mr. Fazzone so moved, seconded by Mr. Motion Carried 4-2. Mr. Garthwaite and Mrs. Blazi they were not present at that meeting. Mr. Hellsten stated that since Mr. Alvarez had not yet arrived, the members would discuss signs (item 6 on agenda) at this time. It was noted that the Council had moved to suspend enforcement of the sign ordinance at their August 20th meeting. The members were given copies of sign ordinances from Winter Garden, New Port Richey, the model DCA sign ordinance, and a booklet regarding sign regulations for small and midsize communities prepared by the American Planning Association. Mr. Karet discussed a memo he had recently sent to the City Manager regarding suspension of the city's sign ordinance. The members discussed forming an Ad Hoc Committee to develop a suitable sign ordinance for Edgewater. The members also discussed and agreed that the chairman of the Agency, the Planning and Zoning Director, the Code Enforcement Officer, the Assistant Planning and Zoning Director, the City Manager, the City Attorney, some Council members, a business person, someone from the Chamber of Commerce, someone from the Home Builders Association, and a homeowner should be recommended to Council to serve on the Ad Hoc Committee. Mr. Fazzone so moved, seconded by Mrs. Blazi. The Motion Carried 6-0. SP-9005 Restaurant U.S. 1 and Shanqri-La Drive: Mr. Garthwaite moved to take this item off the table, seconded by Mrs. Blazi. The Motion Carried unanimously. Daniel Johns, applicant, Winston Tomlinson, owner, Alan Watts, attorney for Mr. Tomlinson, and Sid Peterson, attorney for the Shangri-La Homeowners Association were present. A draft of the minutes of the July 12th meeting were made available to the members. Mr. Karet gave a brief summary of the past events regarding this site plan and stated that the site plan met technical compliance with the code and staff recommended approval on that basis. There was discussion regarding the latest set of plans provided to the city by the applicant and the fact that the members did not receive them. The members discussed the documents regarding Shangri-La Drive from Bulow Abstract and Title Service which was provided at the Agency's request to determine ownership. A Deed of Easement was also provided at the Agency's request which granted an access easement to the grantee (Marwin, Inc.) from Roy and Maxine Coleman, J. Ronnie Bledsoe, Robert D. Martin, and Richard Martin (Gr antors) . 1 a u Mr. Alvarez stated that the plat had been recorded in 1982 and the city (by ordinance and final plat) requires the developer to dedicate all public thoroughfares. The developer is required to install the infrastructure and place a bond with the city. After one (1) year, if the infrastructure is intact, the city accepts the responsibility of maintaining the improvements. Mr. Alvarez went on to say that there was a disagreememt between the project engineer and the city engineer regarding drainage, so the city never accepted the improvements. The city's position is that the streets and drainage problems are still the responsibility of the developer. It was noted that the property owners have been maintaining Shangri-La Drive and they claim some ownership rights. Mr. Watts stated that at this point, the applicant is caught in the middle of a dispute between the developer of Shangri-La Village and the city. Mr. Watts stated the information regarding the title to Shangri-La Drive was provided to the Agency as they requested. Mr. Peterson stated the city has accepted the lift station, but not the streets. Mr. Peterson stated the homeowners have made improvements to Shangri-La Drive. He added that if the city approved this proposed project it would be allowing the development of commercial property with access to private streets. Mr. Peterson also discussed the traffic hazards that would go along with the use of Shangri-La Drive. Mr. Fazzone pointed out that the last three (3) city managers employed by the city have stated, in writing, that the homeowners have to handle their own problems and maintenance for Shangri-La Drive. It was noted that the homeowners have been carrying liability coverage for the retention areas and the Shangri-La Village entrance. Mr. Fazzone moved to table SP-9005 until ownership of Shangri-La Drive is established. Motion died due to the lack of a second. Mr. Hellsten stated that the applicants have met all of the city's requirements. If they don't approve the site plan the applicant will take the city to court and if the agency does approve the site plan, the homeowners will take the issue to court. Mr. Alvarez questioned Mr. Watts concerning the ownership of Shangri-La Drive. Mr. Watts went into a lengthy discussion regarding this issue. Mr. Watts, Mr. Peterson, and Mr. Alvarez agreed that Shangri-La Drive is a public thoroughfare, and that title to Shangri-La Drive was accepted by the city when the plat was approved. There was further discussion regarding ownership of Shangri-La Drive and the problems that could develop if the commercial site to the north of Shangri-La Drive is developed. Mr. Alvarez stated the CIP includes Shangri-La Village, and the Agency could send a recommendation to Council that they accept the streets for maintenance which would take care of any remaining questions. Mr. Watts stated that he believed a prudent design would require access onto the side street. He added that the developer was willing to pay his fair share of maintenance costs for Shangri-La Drive. Mr. Bennington asked for some type of compromise. He suggested that the developer remove parking stalls 19-22 and use the area as a wider access onto U.S. 1 so Shangri-La Drive does not have to be used. Land Development and Regulatory Agency Regular Meeting Wednesday, August 29, 1990 2 , ' . {j u " Mr. Watts stated that two (2) means of access on U.S. 1 would create too much traffic activity at the cut. Mr. Peterson stated that traffic going onto Shangri-La Drive would be more of a traffic hazard than north bound traffic having to make a "u" turn to gain access to the site. Mr. Karet was asked to give his professional opinion regarding the safest access. He stated that technically speaking the Shangri-La Drive access is the safest. Mr. Fazzone stated that if this project is allowed access onto Shangri-La Drive, the property owner on the south side of Shangri-La Drive will also want access, which will be more of a burden at the intersection. Frank Ferguson, president of the Shangri-La Homeowners Association, discussed drainage problems on Paradise Lane, the fact that he believed the city released the "retention bond" with no final inspections. He also stated the FDOT needs to redesign the current traffic flow. He discussed the speed limit and the median cut with traffic from Seldom Seen, Shangri-La ViII age, and peop 1 e mak i ng "U" turns. There was fur ther discussion regarding the retention problems in Shangri-La Village. Mr. Karet stated that the stormwater management ordinance required that the rate of discharge from the site remain unchanged for a "100 year storm event", and that the volume of a "25 year storm event" must be retained on site. As a result, the development of this site should not negatively affect Shangri-La. Mr. Watts stated the proposed Capital Improvements Program (CIP) will help ease the retention problems in Shangri-La Village. Traffic congestion was also further discussed. Mr. Alvarez stated that if the Agency denies a project because of increased traffic, no one would be able to develop their property. Mr. Watts stated that if the Homeowners Association wants, the developer will remove Shangri-La's grassed median at the area closest to U.S. 1 and put in a left turn lane. Mr. Ferguson declined the offer, because the Association had paid to install the lighting and the sprinkler system in the median. Mr. Fazzone moved to table for further information and until all questions are answered. Motion failed due to the lack of a second. Mrs. Blazi stated that the items required at the July 12th meeting have been provided, and there is no reason not to approve this plan. Mr. Garthwaite moved to grant approval, seconded by Mrs. Blazi. The motion failed 3-3. Mr. Hildenbrand, Mr. Bennington, and Mr. Fazzone voted no due to safety factors regarding traffic. Mr. Watts asked if the 3-3 vote meant a tie. Mr. Hellsten explained that anything dealing with development required at least 4 pro votes for the item to be approved. Mr. Watts asked what the next step for appealing is. Mr. Alvarez stated he could appeal the Agency's decision to the City Council. DISCUSSION ITEMS: Mr. Karet appologized to the members for their not having a copy of SP-9005. Mr. Karet informed the members that DCA city's comprehensive plan, and stated responding to DCA's objections. has the not approved the city is currently Land Development and Regulatory Agency Regular Meeting Wednesday, August 29, 1990 3 .. ... '. ~ .,. () u Mr. Karet went through the items pending before the Agency. The members discussed Mr. Klein's illness and the amount of time he will need for recovery. There was Restaurant discussion regarding work being (paving some of the parking area). done at Fat Bob's There being no further business to come before the Agency, Mr. Hildenbrand moved to adjourn, seconded by Mr. Fazzone. The meeting adjourned at approximately 10:05 p.m.. Land Development and Regulatory Agency Regular Meeting Wednesday, August 29, 1990 Minutes Respectfully submitted by: Beverly Kinney, Secretary 4