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06-09-1988 u ~ - ~ CITY OF EDGEWATER oLAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, JUNE 9, 1988 7:00 P.M. COMMUNITY CENTER , Vice chairman Louise Martin called to order a regular meeting of the Land Development and Regulatory Agency at 7:00 p.m., Thursday, June 9, 1988, in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mr. Garthwaite, Mrs. Glover, and Mrs. Martin. Also present were Mrs. Lynne Plaskett~ Planning Assistant/Grant Administrator and Beverly Kinney, Secretary. The members excused were Mrs. Blazi, Mr. Hardester and Mr. Klein. APPROVAL OF MINUTES: The minutes of April 14, 1988 were presented to the Board for approval. Mr. Garthwaite moved to approve the minutes, seconded by Mr. Bennington. Motion Carried 4-0. ANNEXATION REQUESTS: Michael Hilldale 2.71f acres 2700 Block of Alamanda Drive R-3 County: Mrs. Plaskett stated Mr. Hilldale was seeking annexation at the recomm- endation of the Interim City Manager, Dennis Kelly. Mr. Hilldale was also seeking City water. Mr. Bennington moved to recommend approval of the annexation pending the legal approval of the City Attorney that it will not create an illegal enclave. Mr. Garthwaite seconded the motion. Motion Carried 4-0. Michael Brewer for Seymour and Harold Smith 3.92f acres West Side of U.S. 1, Lot 1, North of Roberts Road: Mrs. Plaskett stated she had not received a legal opinion from the City Attorney as to whether or not this request would constitute an enclave. Mr. Brewer discussed the other properties currently being annexed into the City, and felt Lot 1 was only a piece that had not been included, and in his opinion, they would not be creating an enclave. He added there was no plan to develop the property, at this time. The Board discussed the other properties currently under consideration for annexation by the Council. Mr. Bennington read the voluntary annexation procedure which stated that it would not create a municipal enclave of City territory within the unincorporated territory of Volusia County. The Board discussed the existing county zoning. Mr. Bennington felt if the City Attorney had a problem, he would stop the request from going through. Mrs. Plaskett informed the Board, Mr. Kelly was looking into the C.I.P., and it was possible that was the reason for the hold up on the other pending annexation requests. Mr. Bennington moved to recommend this annexation request be included with the other requests currently pending at Council level. Mrs. Glover seconded. Motion Carried 4-0. ~ ZONING TEXT AMENDMENT: Hardees Allow Fast Food Restaurants in the B-S Distrist Charlie ~ George Dana Russeli~ Mrs. Plaskett informed the Board Mr. George initially requested a zone change from B-S to B-3, at the Florida Shores Plaza, because B-S does not allow this use. After discussing this with Mr. George, it was agreed a zoning text amendment would be a better idea. The Board discussed the intersections and traffic at the proposed location. Mr. George stated he would like to have ingress and egress off the major highways, but would have to get permits from D.O.T. The Board discussed the fact Mr. George would have to corne back for site plan approval if this amendment was made. Landscaping was also discussed. There was more discussion about the proposed zoning text amendment. Mr. Garthwaite moved to recommend approval of fast food restaurants as a special exception in the B-S district, seconded by Mr. Bennington. Motion Carried 4-0. ~ o SITE PLANS: SP-8803 Bill Rossiter 2056 Quava Drive Addition of Storage Room to Existing Building B-2: Mr. Rossiter explained the addition was for the storage of parts. Fire lanes were discussed by the Board. JMr. Bennington stated the existing building was approved in January in 1987, as a commercial use. He added the application stated the existing use was storage, which is not a permitted use, and the current request is to increase the use. Mrs. Plaskett informed the Board that those were her initial comments, and Mr. Rossiter made all the changes asked for except the rear setback and a grading plan which needed to be supplied to the City Engineer. Mr. Rossiter felt all he needed was some additional elevations, which had been supplied to the Planning Department recently. The Board discussed parking and the septic tank location. Mr. Garthwaite moved to grant preliminary and final approval pending comments from the City Engineer. Mrs. Glover seconded. Motion Carried 4-0. SP-8804 Bill Rossiter 28th and Quava Drive Commercial Building B-2: The Board discussed the parking requirements and the opening of the alley for access. The turning radius for access to the bays were also discussed. D.O.T. design and the width of the driveway was discussed. Mrs. Plaskett talked to the Board about the doors at the rear of the building and the concrete slabs in the retention areas. She added the City Engineer would have to look into it. Mrs. Glover moved to approve the site plan pending approval by the City Engineer regarding the concrete slabs in the retention area. Mr. Garthwaite seconded. Motion Carried 4-0. SP-8805 Bill Rossiter 28th and Hibiscus Drive Commercial Building B-2: The Board discussed the overall height of the building, fire hydrants, and the size of the water lines. There was a discussion regarding the existing trees and landscaping. Mr. Rossiter stated the owner, Mr. Shields, was considering construction of a day care center. The Board discussed H.R.S. requirements for a day care center. Mrs. Plaskett informed the Board the initial request was for a commercial building, but she had requested more information regarding the proposed use in order to determine parking, etc. The Board discussed the amount of area to be used for a play area. Mr. Shields stated the retention area abutting the play area would be fenced. There was discussion about the floor plans. Mr. Bennington felt since this was a proposed day care center, the Board should see an architect signed and sealed floor plan prior to considering final approval. Mr. Bennington moved to grant preliminary approval pending satisfaction of the following items: "(1) Fire Department saying they are satisfied that there is enough, the hydrants are being upgraded sufficiently by the time the building will be built, (2) comply with the landscape ordinance, (3) Engin~ers approval on the septic tank, (4) sealed set of floor plans~' Motion seconded by Mr. Garthwaite. Motion Carried 4-0. Mr. Shields asked if there was a paving schedule for Hibiscus Drive. Mrs. Plaskett informed him that he should check with City Hall. SP-8806 Donnie Williams Relocate Existing "Florida Shores Real Estate" Office Building to the Northwest Corner of S.R.442 and u.S. 1: Mr. Williams informed the Board that Magnuson Corporation was in the process of selling the Southwest corner of S.R. 442 and u.S. 1 to Hardees. (current site of Florida Shores Real Estate) He stated the move would be temporary, because Magnuson Corporation had plans to utilize the Northwest corner in three to five years. Mr. Williams stated the parking lot is existing, and was put there for the use of the real estate office. Mr. Williams did not feel moving the office would constitute a change of use. There was a discussion regarding change of use, and the traffic hazard that would be created. Mr. Williams agreed to move the driveway further West. The Board discussed landscaping, retention and the required D.O.T. permits for ingress and egress. The Board was informed approval from the City Engineer was pending. Mr. Garthwaite moved to approve the site plan with the addition of a ten foot buffer along Indian River Boulevard, that the entrance be moved West so that it will be one hundred feet from the property boundary, that there be no changes in water run off, site location of the building, retention or the number of parking spaces, or the sizes of the parking spaces. Mrs. Glover seconded. Motion Carried 4-0. Land Development and Regulatory Agency Regular Meeting Thursday, June 9, 1988 -2- Q o SUBDIVISIONS: SD-880l Pelican Cove West Phase III Preliminary Plat Falcon Avenue: Ed Hall, Jr. Was present to discuss the plat. The Board discussed whether this phase had been part of the original plans for the sub- division. There was a discussion regarding Pelican Cove West. The Board discussed Blocks A & B of phase III, because. they do not meet the minimum lot size requirements for the zoning district. Eileen Lloyd, Pelican Cove West resident, stated residents were very concerned about what was going on, and the pending lawsuit the homeowners have brought against Mr. Carder. She talked about the fact that people buying into the subdivision are mislead by the signage on U.S. 1, and they think they are buying into a private subdivision. She talked about promises made regarding a pool and club house that has never come to be. Henry Scherz, resident of Pelican Cove West, spoke about the club house and pool. Russell Gold, resident of Pelican Cove West, .spoke about a sewer line running almost right across the proposed site for phase III. The Board discussed variances granted for the subdivision in the past. The Board felt the undersized lots in phase III were a hardship created by the developer, which would not qualify the subdivision for a variance. John Scherz, resident of Pelican Cove West, spoke about the sewer ease- ment, Falcon Avenue right-of-way, Belmont Plaza and the traffic congestion that will be created. The Board discussed the criteria for subdivision approval. Mrs. Martin called for a motion to close the public hearing. Mr. Garthwaite so moved, seconded by Mrs. Glover. Motion Carried 4-0. The Board discussed setbacks for the proposed phase. Sidewalks were also discussed. A possible variance on lot depths was discussed further. Mrs. Glover moved to deny the approval of this subdivision, as it did not meet the criteria of the subdivision rules and regulations. Mr. Bennington seconded. Motion Carried 4-0. A break was called at 9:00 p.m. The meeting resumed at 9:15 p.m. SD-8802 Belmont's Riverview Preliminary Plat Riverside Drive: Ed Hall, Jr. Was present to discuss the plat. The Board discussed the drainage problem, as the runoff ends up on property to the North. The problem would be referred to the City Engineer by Mrs. Plaskett. The Board discussed lot sizes, setbacks and sidewalks. Mr. Hall stated sidewalks could be put in. There was some discussion regarding the development of the rest of the parcel. The Board discussed the ele- vations of the subdivision. Mr. Garthwaite moved to close the public hearing, seconded by Mrs. Glover. Motion Carried 4-0. Mrs. Glover moved to accept the preliminary plan for Belmont's Riverview pending approval of the City Engineer, seconded by Mr. Garthwaite. Motion Carried 4-0. COMMUNICATIONS: Proposed Borrow Pit Volusia County Mango Tree Drive and 12th Street: Tom McClelland and George Flack of Volusia County were present to discuss this item. Mr. McClelland gave a summary of unpaved roads the County is responsible for maintaining. He stated the proposed site would be used to mine shell for the roads. The Board discussed the cost of paving versus maintaining unpaved roads. There was a discussion about the borrow pit on the East side of Mango Tree Drive and the County's efforts to "dress up the slopes" since they are no longer mining the pit. The Board discussed buffers around the proposed site. Mr. McClelland presentd a proposal showing an eight hundred foot pit with a depth of thirty feet. There would be a six to one slope at the water table that would become'a two to one slope. The Board discussed the regular work- ing and emergency hours the pit would be mined, and the life expectancy of the pit. The Board discussed an eight foot high fence and a natural vegitation buffer around the site. There was a discussion about the value of the site and how the appraisal amount was determined. The Board discussed what the land would be good for when the pit is exhausted. After some discussion the Board determined the best use would probably be recreational. The Board discussed the possibility of a recylcing program to earn money needed to rehabilitate the area for recreational use. The Board also discussed the possibility of the proposed pit being some other shape than square, for aesthetic quality. The Board agreed they would like to see an overall concept plan brought back to the Board showing a park with the proposed pit so the pit could be used for recreation when mining has been completed. Mr. McClelland agreed to this recommendation. Mr. Garthwaite moved to table this until next month, seconded by Mr. Bennington. Motion Carried 4-0. -3- Land Development and Regulatory Agency June 9 1988 , , o 0 A break was ~alled at 10:05 p.m. The meeting resumed at 10:15 p.m. COMMUNICATIONS continued: Borrow pit continued: Mrs. Plaskett informed the Board the property where the proposed pit is located is currently zoned agriculture, but there is nothing in the code book addressing that use. She suggested the Board make some provisions for agriculture. Formula for Trees and Shrubs for Existing Structures: Mrs. Glover moved to table this item, because the meeting was running very late. Mr. Garthwaite seconded. Motion Carried 4-0. Proposed Wording for Variance and Special Exception Criteria: The Board went through the proposed wording. Mr. Bennington moved to submit this to Council to have the ordinance changed, and in the meantime to start using this as the Boards criteria, since the Board agrees it means the same as what is currently in the code book. Mrs. Glover seconded. Motion Carried 4-0. Comprehensive Plan: Sedway Cooke and Associates: Mrs. Plaskett informed the Board Sedway Cooke and Associates was a consultant hired by the County to work on the Coastal Management element. The information was a progress report on work products due for the element. A break was called at 10:26 p.m. so the secretary could get another tape to record the meeting. The meeting resumed at 10:30 p.m. Draft Ordinance Outdoor Display/Storage from Jose' Alvarez: The Board discussed the draft ordinance and the changes made without their know- ledge in section 606.02(d). The following recommendations were made by the Board: item 1: Storage area shall not be located in any of the required current setbacks and in no case shall storage areas be past the front line of the building, whichever is greater. Item 2 is to be omited. Item 3: Outdoor storage of equipment or materials, that in the interest of safety, shall be encompassed by an opaque fence at least six feet high, not readily climbable by children. Item 4 is to be omitted. The Board also discussed section 606.04(c). Mr. Bennington moved to make the above changes to the draft ordinance and have a new draft brought back to the Board for approval. Mrs. Glover seconded. Motion Carried 4-0. There was a discussion about sending flowers and a card to Mrs. Blazi while she is recovering from surgery. The Board discussed the maps and the fact they are from 1986. (zoning, water and sewer maps) There being no further business to come before the Board, Mrs. Martin asked for a motion to adjourn. Mr. Gartwaite so moved, seconded by Mrs. Glover. The meeting adjourned at approximately 11:00 p.m. Minutes respectfully submitted by: Beverly Kinney Land Development and Regulatory Agency Regular Meeting Thursday, June 9, 1988 -4-