Loading...
02-08-1990 Q~",\ Q Q CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR t1EET I NG THURSDAY, FEBRUARY 8, 1990 6:30 P.M. COMMUNITY CENTER Vice Chairman Louise Martin called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Thursday, February 8, 1990, in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mr. Fazzone, Mr. Garthwaite, Mr. Hellsten, Mrs. Martin, and Mr. Klein, who arrived at 6:50 p.m.. Mrs. Blazi was excused. Also present were Mark P. Karet, Director of Planning and Zoning, and Beverly Kinney, Secretary. APPROVAL OF MINUTES: The minutes of January 24, members decided to hold meeting was present. 1990 were presented for approval. The the minutes until a quorum from that NEW BUSINESS: Mr. Garthwaite moved to close the regular meeting and open a public hearing, seconded by Mr. Fazzone. Motion Carried 5-0. RZ-8905 Zone Chanqe Request From R-4 To B-2: Mr. John H. Moynahan, Jr. of Florida Shores of Volusia County, Incorporated was present to discuss the zone change request. The property is located on Roberts Road between India Palm Drive and Hibiscus Drive (lots 7511, 7512, 7513, 7514, 7551, 7552, 7553, and 7554, and a fifteen foot (15') alley lying westerly of and adjacent to the lots noted above). Mr. Karet stated there were two zoning issues to deliberate: Is the proposed use consistent with surrounding properties; 2) Have changed or changing conditions made the proposed change necessary. In regards to issue #1, the Planning and Zoning Department found that the proposed use was not incompatible with the surrounding uses. In regards to issue #2 the Planning and Zoning Department found that there is no discernable change in the pattern of uses from residential to commercial that would necessitate a rezoning of this property. In addition to the zoning issue comprehensive plan consistency must be considered. Mr. Karet stated that compatibility is the major issue in this case. The proposed comprehensive plan indicates that high density residential development is compatible with commercial or even light industrial land uses. Mr. Karet also stated that in order to obtain a use from the B-2 portion of the property the owner would almost certainly have to obtain a variance from the front and rear setback requirements, and the resulting development would not be a credit to either the applicant or the city. Mr. Karet stated that in the opinion of the Planning and Zoning Department the vacation of the alley and the unification of the eastern and western portions of the property under a single zoning classification is of mutual benefit to both the applicant and the city. In closing, Mr. Karet stated that based upon the findings discussed above the Planning and Zoning Department supported the applicants request. 1'1r. Moynahan as opposed to believed his possible. stated his main interest was to create a nice site one that would be much more difficult to use. He request would make the best use of the site 1 o o Mr. Bennington asked how long ago the abutting property to the north had been purchased from Florida Shores of Volusia County, Incorporated. Mr. Moynahan could not give an exact date, but he was certain it had been more than eight (8) years ago. Jackie Johnson stated he owned duplexes across the street from the property, but he lives on Beacon Light Road. He stated the surrounding area contains a convenience store, a park, and a school under construction, but the primary use of property in the area is residential. Mr. Klein arrived at the meeting at 6:50 p.m.. Mr. Fazzone believed the alley access would be lost for ingress/egress to 30th Street. Mr. Karet stated the alley currently served no useful purpose. Mr. Bennington believed the alley should not even exist, and lots 7555, 7556, and 7557 were also useless as far as the B-2 zoning currently placed upon them. He added that a residence could be placed on the property. There was a brief discussion as to whether the applicant should have supplied a site plan with the request. Mr. Karet stated there was a plan on file, but it was not provided to the Board, because they cannot make their decision on a site specific based proposal, but rather the appropriateness of the zoning classification to the property. Mr. Bennington stated that the Board may be creating another problem if they don't look at the whole block. Mr. Karet stated that perhaps all property in the same condition should be looked at and zoned the same, but the Board was reminded that the other properties were not up for consideration at this time. There was discussion that rezoning the property may provide an incentive to combine the property into larger lots. Mr. Bennington stated he Mr. Klein stated it was property away. had a problem with vacating the alley. city policy not to give city owned There was discussion regarding the zone change requests on India Palm and S.R. 442, which were recently denied by the Board and the City Council. Mr. Karet stated the difference was that by allowing the rezonings there would have been an encroachment into single family zoned (low density) property. He added that this issue was different, because there is multi family (high density) property involved in this request, and as stated previously, the proposed comprehensive plan indicates that high density residential uses are compatible with light industrial and commercial. Mr. Garthwaite asked if there were any power lines in the alley. Mr. Karet stated there were some, and there would have to be an easement for the power lines. Mr. Garthwaite stated if the Board were to recommend approval of this request the city should negotiate with the property owner regarding the alley. Mr. Bennington asked if the bike path would be in that area, and if it was maybe there could be a trade off. Mr. Hellsten stated the property should be zoned to R-4 and the alley should be vacated. Mr. Karet stated that if the property was zoned B-2 it would create an incentive to combine the properties and correct the problem of undersized lots. Land Development and Regulatory Agency Regular Meeting Thursday, February 8, 1990 2 o o Mr. Moynahan stated that in vacating the alley he was not asking the city to give up anything of value. He agreed that the alley was platted and city owned, but the .06 acre alley was nominal, and the city would benefit by having it on their tax rolls. Mr. Bennington moved to close the public hearing and resume the regular meeting, seconded by Mr. Hellsten. Motion Carried 6-0. Mr. Hellsten stated the alley was meant to be a buffer between the B-2 and the R-4. He asked if the property owner would be willing to provide a buffer if the Boards recommendation was favorable. Mr. Moynahan stated yes. It was noted that the code already requires a buffer, but a proposal could be worked out for increased buffering. Mr. Garthwaite moved to recommend approval of the request from R- 4 to B-2 and the vacating of the fifteen foot (15') alley to the City Council, but the alley is to be a separate issue held for negotiations for the bike path or other items. The motion died for the lack of a second. Mr. Hellsten moved to recommend denial of the request of zone change and the vacation of the fifteen foot (15') alley to the City Council because of the direct abutment of B-2 to R-4 to the north. Mr. Klein seconded. Motion failed 3-3. Mr. Garthwaite, Mrs. Martin and Mr. Bennington voted no. Mr. Hellsten moved to table the request, as he had to be excused from the rest of the meeting. Mr. Bennington seconded. The Motion Carried 6-0. Mr. Moynahan asked if he could offer to increase the buffering at a later time. Mr. Hellsten stated that such a proposal would satisfy his objections. Mr. Hellsten was excused from the meeting at 7:35 p.m.. NEW BUSINESS: Election of Chairman: Mr. Bennington nominated Mr. Hellsten. Mr. Garthwaite nominated Mrs. Blazi, because he is impressed with the way she handles herself and the meetings. Mr. Hellsten was elected chairman 3-2, Mrs. Martin voting no. with Mr. Garthwaite and Election of Vice-Chairman: Mr. Fazzone nominated Mr. Bennington. There were no other nominations. Mr. Bennington was elected vice chairman 4-1, with Mr. Bennington voting no. DISCUSSION ITEMS: Planninq Director Reports: None Chairman Reports: None Aqency Member Reports: The members discussed items scheduled for the next agenda, By-Laws: attendance and majority vote vs. four (4) concurring members, and Outdoor Display. Mr. Klein moved that only Outdoor Display be on the agenda for the next meeting. Motion failed for lack of a second. There was further discussion regarding majority vote vs. four (4) concurring members as to whether a 3-2 vote is legal. Mr. Karet Land Development and Regulatory Agency Regular Meeting Thursday, February 8, 1990 3 o Q stated he had spoken to the City Attorney, and as long as the issue was not for a development action then a simple majority was sufficient. Mr. Bennington stated the warehouses at India Palm Drive were still not in compliance, and the Edgewater Quick Lube did not have any landscaping. Mr. Klein stated he did not think anonymous calls coming in for code violations should be accepted, and the people that have a complaint against them should be able to get the names of the persons making the complaints since it would be public record. Mr. Karet asked him what purpose that would serve. Mr. Klein believed the Code Enforcement Officer didn't have time to take care of the really big problems, but he had time to entertain anonymous complaints. Mr. Klein stated the Jiffey Store on S.R. 442 should not be allowed to pump gas, since they are still not in compliance. Mr. Bennington stated they had a special exception to have the gas pumps and the city should pull it. Mr. I(aret stated the city had to follow due process or the city could be held liable for the loss of sales if the Code Enforcement Board does not find them in violation. Mr. Klein wanted to know what was being done about the landscaping problem at the Enjoi Miniature Golf Course, and the cars for sale at the Edgewater Quick Lube. Mr. Karet stated the Planning and Zoning Department was working on a draft proposal to give citation authority (tickets and fines) to the code enforcement personnel. Mr. Karet stated the draft was at the City Attorney's office for reVIew. Mr. Bennington discussed the multiple signs at the Old Tyme General Store, the fact that the required six inch (6") curbing, landscaping, and buffer had never been put in place. He also stated trees had been cut down at Belmont Plaza with no permit. Mr. Bennington added there were some warehouses on Park Avenue that had cars parked in the retention area. There being no further business to come before the Board. Mr. Bennington moved to adjourn, seconded by Mr. Fazzone. The meeting adjourned at approximately 8:10 p.m.. Land Development and Regulatory Agency Regular Meeting Thursday, February 8, 1990 Minutes respectfully submitted by: Beverly Kinney, Secretary 4