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09-30-1998 -, \.\ ,\/.",", ~ --.. """" CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, September 30, 1998 6:30 p.m. Chairman Masso called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., September 30,1998 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Ridner, Mr. Garthwaite, Mr. Azzarello, Sr., Mr. Hildenbrand and Chairman Masso. Mr. Zeese and Mr. Ogram were recorded absent. Also in attendance were Ken Hooper, City Manager, Carl Gosline, President, Gosline Company, Lynne plaskett, Planning Manager, Nikki Clayton, City Attorney and Sondra M. 'Pengov, Board Coordinator. APPROVAL OF MINUTES A motion was made by Mr. Garthwaite to approve the minutes of July 29, 1998 as presented, seconded by Mr. Hildenbrand. Motion CARRIED 5-0. OLD BUSINESS None at this time. NEW BUSINESS Public Hearing - AN-9801 - Attomey, Glenn Storch, authorized agent for the Estate of Louis Neatherland, requested the annexation of 14 + acres into tIle City. Chairman Masso inquired whether any members had personally viewed or spoke to anyone regarding the subject property. Mr. Garthwaite, Mr. Hildenbrand and Mr. Azzarello stated they had driven past the property, but had not spoken with anyone. Chairman Masso then asked Ms. plaskett for staff's report. Ms. plaskett said the subject property is triangular in shape, located on the east side of Tatum Boulevard abutting Daytona Beach Community College (DBCC). The property has two lots fronting on Tatum Boulevard to be used for ingress and egress. The applicant wishes to annex the property maintaining the density permitted under the County Comprehensive Plan and rezone the property to City, R-4, Multi-family district for the possible development of garden apartments for Planning and Zoning Board Regular Meeting September 30, 1998 1 ~ ..,., DBCC students. Ms. plaskett said a Comprehensive plan amendment will not be required as the City land use designation will be compatible with the current County designation. TIle Planning Department believes this proposed development should assist in fulfilling the goals, objectives and policies in the Comprehensive Plan as it relates to providing various housing types. Ms. plaskett concluded saying based on the findings, staff supports the request for annexation. Chairman Masso then asked the applicant for his comments. Glenn Storch. Esq.. authorized agent - Mr. Storch explained the owner of the property, before his death, intended to develop the subject property for apartments. He felt the property was conducive to apartments because of the adjoining DBCC property. Mr. Storch said based on staff's recommendation he agreed to change the density to a lower classification. Chairman Masso asked the Board for comments, there being none he opened the public hearing. Mr. Pedro Santovenia. 1381 Tatum Boulevard - Mr. Santovenia read from a petition, stating the homeowners and residents of Tatum Boulevard expressed concerns and objections to the proposed zoning change to the east of Tatum Boulevard. The proposed multi-family zoning is not consistent with the single-family rural neighborhood that they now enjoy. In addition it would detract from the neighborhood and devalue their homes. Mr. Santovenia said the neighbors feared the development would create an increase in crime and traffic. Mr. Santovenia then submitted the petition to the Board secretary. Mr. James R. Gray, 1500 Tatum Boulevard - Mr. Gray also expressed his concern with the increase in traffic. Mr. Gray stated there is no access to the property from the City of Edgewater, just from Tatum Boulevard. Mr. David Early. 1460 Tatum Boulevard - Mr. Early said the property is a swamp and the filling of the property will cause problems to surrounding homeowners. Several other property owners expressed opposition to the annexation with similar comments as stated above. Chairman Masso closed the public hearing and asked the Board for discussion. Ms. plaskett apologized for the scribers error in the location of the property stating, it is east of Tatum Boulevard not west. She then explained the majority of the concerns expressed by the public would be addressed during the rezoning request. She explained the rules and regulations that have to be complied with to meet the annexation requirements. Planning and Zoning Board Regular Meeting September 30, 1998 2 '-' .., There being no further discussion from the Board, Chairman Masso asked for a motion. Mr. Garthwaite moved to recommend approval of the annexation to the City Council, based on the facts presented. Seconded by Mr. Azzarello, Sr. Motion CARRIED 5-0. Public Hearing - RZ-9801 - Attorney Glenn Storch, authorized agent for the Estate of Louis Neatherland requested rezoning of 14+ acres of property from County R-3, Urban Single-family Residential to City R-4, Multi-family Resiclential. Chairman Masso asked Ms. plaskett for staff's presentation. Ms. plaskett stated for the benefit of the public she will read the staff report in its entirety to answer some of the questions proposed. Ms. plaskett reported to the north is vacant undeveloped land, to the south is vacant undeveloped land, to the east is DBCC, South Campus, and to the west are a few single-family residences. Standard planning practices are to provide a buffer or tr~nsition between a higher intensity of land use (i.e., DBCC) and a low density use (single-family residences). Typically this is done by designation of a medium intensity or density land use category. The property is currently vacant- undeveloped having County zoning of R-3, Urban Single-family Residential and a County land use designation of Urban Low Intensity, which allows medium-low density residential development up to four units per acre. The request is for a City R-4, Multi-family Residential zoning district. The density assigned to this classification is medium, allowing 5.1 - eight units per acre. Ms. plaskett said Planning & Development along with the representative have agreed to a maximum density of four units per acre. Therefore, a land use designation of Low Density Residential will be assigned and a Comprehensive Plan amendment is not required. Ms. plaskett stated it is staff's opinion that the request is consistent with the Comprehensive Plan and its policies. Ms. plaskett continued, saying rezonings are considered quasi-judicial and then read the guidelines and responses developed in making appropriate findings on which to base a decision. She concluded saying based on the findings, Planning and Development supports the rezoning request. The Future Land Use and Zoning Map will be amended to reflect the changes. She stated the applicant is considering a gated community for the garden apartments for security purposes. Ms. plaskett said Staff would like the Planning & Zoning Board to make a favorable recommendation to the City Council. Mr. Garthwaite asked Ms. plaskett if conditions could be placed on a rezoning request. Ms. plaskett responded typically conditions are only placed on conditional uses, but in response to his concern she said a 25-foot buffer will be provided. Planning and Zoning Board Regular Meeting September 30, 1998 3 -- .."", Chairman Masso opened the public hearing and asked the applicant for his comments. Glenn Storch. Esq.. authorized agent. - Mr. Storch said the proposed housing is for retirees and/or students. He said these are people looking for safety in their surroundings that is why they were looking at buffer areas, a gated community, ere. These types of amenities will draw higher income people to the area. Mr. Storch explained the density to the area will not change. The reason to annex into Edgewater is to be able to utilize infrastructure the City can provide. Mr. S torch said the site plan will meet all City requirements. Mr. Hildenbrand questioned the number and type of apartments proposed. Mr. Storch said 56, two- story garden apartments are proposed. Chairman Masso asked for the publics comments. Mr. Tames Gray. 1500 Tatum Boulevard - Mr. Gray asked why single-family residences weren't being considered. He said his concern is, if there is no market, he is afraid the apartments will go to a lower class. Mr. Storch responded that multi-family is "a proper planning tool and there seems to be a market for it. He said generally the proper place for multi-family is between a single-family neighborhood and other uses (such as DBCC). Mr. Storch said if the developer can't establish a market he won't put any money into it. Ms. plaskett explained the County zoning allows 56 single-family residences. The requested City zoning would allow the same number of units, but they would be garden apartments. To help clarify some of the questions raised by the Board, Ms. plaskett said the residents are welcome to review the site plan in the Planning Department after it is submitted. Mr. Storch also said he would be happy to supply the site plan for the residents comments at a special meeting. Mr. David Early. 1460 Tatum Boulevard - Mr. Early inquired how many notices are required for rezonings. Ms. plaskett explained the procedure. After discussion regarding enhances to the subject property, Chairman Masso closed the public hearing. There being no additional discussion from the Board, Chairman Masso entertained a motion. Mr. Garthwaite moved to recommend acceptance to the City Council for rezoning of the property to R-4, Multi-family Residential with the density condition already in place (four units per acre) in accordance with the Comprehensive Plan, seconded by Mr. Azzarello, Sr. Motion CARRIED 5-0. Planning and Zoning Board Regular Meeting September 30, 1998 4 -- ...", DISCUSSION ITEMS A. Planning Report Ms. plaskett introduced Mr. Carl Gosline saying he will be working on establishing the new Land Development Code for the City. Mr. Gosline explained what he will be trying to accomplish and said he would like suggestions from the Board. After discussion, Ms. plaskett said a joint workshop is being scheduled with the Planning and Zoning Board and the City Council for October 13, 1998. Mr. Hooper stated the October 13th meeting will be a brainstorm session so as to provide Mr. Gosline with suggestions and direction. B. Chairman's Report Chairman Masso had nothing to report at this time. C. Agency MeIII1er's Report Mr. Garthwaite inquired about the reduction in parking spaces at the Edgewater library parking lot. Mr. Hooper said 22 additional spaces are being constructed and a second expansion will be done in the future. Mr. Garthwaite also expressed his desire to have the Board notified of new site plans as they are submitted. Mr. Gosline explained other cities have eliminated the planning boards from receiving site plans, because they are a quasi-judicial Board ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 8:15 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Planning and Zoning Board :smp c: \LD RA \rninutes\9/30/98 Planning and Zoning Board Regular Meeting SepteIII1er 30, 1998 5