06-14-1990
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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.
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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restaurant at U.S. 1 and Shangri-La Drive, had been withdrawn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
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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
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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
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