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06-14-1990 ~ (,,) OILI~ . CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, JUNE 14, 1990 6:30 P.M. COMMUNITY CENTER Chairman C. Peter Hellsten called to order a regular meeting of the Land Development and Regulatory Agency at 6:35 p.m., Thursday, June 14, 1990, in the Community Center. 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, and Beverly Kinney, Secretary. There were also approximately 50 residents of Shangri-La Subdivision present. APPROVAL OF MINUTES: The minutes of March 28, 1990, were presented for approval. Mr. Fazzone moved to approve, seconded by Mrs. Blazi. Motion Carried 6-0. r~~H\(" Mr. ~ Ferguson, President of Association, presented the chairman with for each member) regarding the Shangri-La Shangri-La Homeowners documents (and copies Subdivision. The people in the audience were notified that SP-9005, proposed restaurant at U.S. 1 and Shangri-La Drive, had been withdrawn from this meeting at the applicant's request. CONTINUED BUSINESS: RZ-8905 R-4 to B-2 and Vacation of 15' Alley on 30th Street Between Hibiscus and India Palm Drive (tabled 2-8-90>: Mr. Moynahan, authorized representative, was present. Mr. Fazzone stated the rezoning and vacation requests are two separate issues. Mrs. Blazi moved to take this request off the table, seconded by Mr. Fazzone. Motion Carried 6-0. Mr. Karet reminded the members of the "deadlock" at the February 8th meeting. He also reminded the members of what to look at when considering approval of a rezoning, ie: existing land use patterns, changing conditions that effect the existing zoning that necessitates the change, and the comprehensive plan. Mr. Karet noted that the existing land use is mixed. He discussed the size and shape of the lot which is only thirty feet deep at its smallest point, and the alley that is not being used for access. He added there are some utilities in the alley that would have to be accommodated. The details would have to be worked out with Florida Power and Light Company. Mr. Karet discussed the east/west streets that may be abandoned for drainage as per the Master Drainage Plan. The members discussed their concerns regarding transition of types of use, providing an adequate buffer for abutting residential properties, the amount of traffic on Roberts Road (which is increasing>, and the number of children walking through the area because of the park and the new school. Mr. Moynahan asked if there was some commensurate amount that the developer could give to the city as consideration for the alley being vacated, such as an equal amount of land for a bike path on Land Development and Regulatory Agency Regulal- Meet ing Thursday, June 14, 1990 1 ~ ~ Indian River Boulevard. Mr. Karet reminded could not place conditions on the rezoning Moynahan stated this would be voluntary. the members they request. Mr. Mr. Perry Barrett, owner of Old Tyme General Store, stated he did not want the property rezoned. Mr. Bennington stated that Florida Shores of Volusia County subdivided the property and since they are now requesting a rezoning it appears they created their own hardship. Mr. Moynahan agreed, but stated they were victims of their own design, because the property was subdivided over forty years ago and a lot of changes have occurred since that time. Mr. Fazzone moved to deny the application for rezoning of the property and vacation of the alley, seconded by Mr. Bennington. Motion Carried 6-0. SP-8917 Boyce Industrial Park West Marion Avenue: Mr. Bennington moved to take this item off the table, seconded by Mr. Garthwaite. Motion Carried 6-0. Chet Boyce, owner of the property was present. He stated he was back before the Agency with this approved site plan to ask if he could proceed with the project in four phases, instead of building the entire project at the same time. He explained that in doing this he could receive a certificate of occupancy on each building as it was completed, and this would help cover the cost of constructing the rest of the phases. Mr. Boyce stated he would put the required utilities for the entire project in while phase I was under construction. Mr. Boyce stated the entire project, done in phases, would take approximately eighteen months. There was discussion regarding the buffer. Mr. Boyce stated the closest building to the property line was thirty feet. Mr. Bennington stated that the site plan did not comply with the current buffel-ing requirements. He added that Section 715.03, regarding amendments, states that the project must be brought up to current code compliance. Mr. Karet stated that Mr. Boyce is not asking for any changes to the approved site plan, he is only requesting to build the project in phases. Mr. Karet added the site plan has already been approved by staff and the Agency. Mr. Boyce stated he could put in a few more trees if needed. Mrs. Blazi, Mr. Garthwaite and Mr. Hellsten agreed that the applicant should not have to endure an economic hardship because of a technicality. Mrs. Blazi believed that the Agency could not place more conditions on a site plan that has already been approved. Mr. Boyce stated he could put the fencing up during the phase I process. Mr. Fazzone stated he was not an Agency member when the site plan had been approved, but he believed the abutting property owners should be heard. Frank Ferquson, president of the Shangri-La Homeowners Association, stated he had not seen the newest site plan. He added that there should be some respect for the new city engineer, and he doesn't believe any permits should be issued until the city engineer has had a chance to get his feet on the ground. Mr. Ferguson stated he was also upset about the bank going in, because all their drainage is going to run down Marion Avenue. After some discussfon regarding engineering, Mr. Garthwaite moved to grant the request to allow SP-8917 to be built in four phases in the period of eighteen months, and to complete all utilities Land Development and Regulatory Agency Regular Meeting Thursday, June 14, 1990 2 ~ ~ o as per Mr. Karet's memo to the Agency dated May 17, 1990. Mrs. Blazi seconded. Motion Carried 5-1. Mr. Fazzone voted no, because he was not a member when the site plan was originally approved, and he did not want to vote on something he was not familiar with. NEW BUSINESS: SD-90-1 Minor Subdivision Meadow Lake: Mr. Karet stated that this request was before the Agency to adjust lot lines between lots 49 and 50, because the placement of a slab was found to be enceoaching into the building setback line. M,-. Karet stated the resulting lots would still meet the dimensional requirements foe the R-4 zoning disteict. Me. Karet also stated that staff eecommends appeoval. There was discussion as to when the encroachment was first noted and how far along construction was at the current time. Mr. Karet stated the builder continued at his own risk and the city had documentation to that affect. Mr. Hellsten and Mr. Bennington agreed that the system was finally starting to work. Mr. Bennington moved to approve the minor subdivision, seconded by Mrs. Blazi. Motion Carried 6-0. DISCUSSION ITEMS: Planninq and Zoninq Director: Mr. Karet stated there would be more minutes coming to the Agency for approval. He explained the minutes had been delayed due to the volume of work in the Planning Department. A recess was called from 7:50 p.m. to 8:10 p.m.. Mr. Karet stated that Jim LaRue and York Phillips, consultants for development of the city's land development regulations, will be at the next meeting to introduce themselves to the Agency and to present an outline so the members could start to become familiar with state requirements. Chairman Reports: None. Aqency Members: Mr. Fazzone stated he would miss the first meeting in July. There was discussion regarding the problem with outdoor display. It was noted that the Little Red Furniture Store, Letter Memorial, and Edgewater Rent-All had agreed to come into compliance by the beginning of next week and abide by the twenty foot from curb line requirement (Section 15-2). Mr. Bennington discussed the problem state wide regarding the acres and acres of tires, which he had seen on the news. Mr. Bennington asked if anyone was aware of the large pile of tires behind Coastal Tires. Mr. Karet stated he would send the Code Enforcement Officer out to check it out. Mrs. Blazi stated she would not be at the June 27th meeting. There being no further business to come before the Agency, Mrs. Blazi moved to adjourn, seconded by Mr. Fazzone. The meeting adjourned at approximately 8:20 p.m.. Land Development and Regulatory Agency Regular Meeting Thursday, June 14, 1990 Minutes Respectfully Submitted by: Beverly Kinney, Secretary 3 I I