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12-15-1993 ~ ...... '(' '..\ -\ CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING DECEMBER 15, 1993 Chairman Fazzone called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, December 15, 1993, at the Hawks Park Club. ROLL CALL: Members present were Mr. Masso, Mr. Ewing, Mr. Hatfield, Mr. Garthwaite, Mr. Hildenbrand, Ms. Agrusa (arrived at 6:40 p.m.) and Chairman Fazzone. Also present were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney, and Sondra M. Pengov, Secretary. APPROVAL OF MINUTES: The minutes of November 17, 1993 were presented for approval. Mr. Ewing stated that Mr. Hatfield's name should be removed and the November meeting date added for clarification. Mr. Masso moved to approve the minutes as corrected, seconded by Mr. Ewing. Motion CARRIED 6-0. NEW BUSINESS: SP-9307 - Ed2ewater Friendship Baptist Church. 2108 Hibiscus Drive James Bradley, authorized agent for the church requested site plan approval for an addition to the existing church at 2108 Hibiscus Drive. Chairman Fazzone asked for the staff report from Mr. Karet. Mr. Karet said that all comments have been addressed and staff recommends approval. After brief discussion Mr. Masso moved to approve the site plan, seconded by Mr. Garthwaite. Motion CARRIED 6-0. Ms. Agrusa abstained as she had arrived late. 1 ...... ..., V A-0793 - Variance Request to Property Located at 1719 S. Riverside Drive Chairman Fazzone requested that the Board move to item V A-0793 because it had been an agendaed item at the October meeting. There being no objections the Chairman moved to item V A-0793. Luis C. Geil, authorized agent for James H. Cameron requested a variance to the required setbacks to allow for the construction of a single-family residence. Chairman Fazzone read from the October minutes to remind the Board of the revisions they had requested. Chairman Fazzone then asked Mr. Karet for his comments. Mr. Karet said the revisions requested had been made and staff is satisfied with the submitted plans. Mr. Karet reminded the Board that the applicant has to comply with the variance criteria. Mr. C. Peter Hellsten. 1717-B S. Riverside Drive - Mr. Hellsten said, as a neighbor, he has reviewed the plans and is satisfied with aesthetics and sees no additional problems being created to the drainage. Doris Hill. Lincoln. 112 Lincoln Road - Ms. Hill questioned the division of the lots. Mr. Karet said they had been subdivided incorrectly. Mr. Hatfield asked Mr. Karet what staffs opinion was on the variance. Mr. Karet said staff recommends denial. Mr. Masso asked Mr. Karet if staff is satisfied with the plans submitted. Mr. Karet replied, yes. Chairman Fazzone read the five criteria to which the Board responded. Ms. Agrusa was concerned that the granting of this variance may set a precedent. Ms. Storey addressed Ms. Agrusa's concerns and stated that the 5 criteria are what distinguish it from setting a precedent. Ms. Storey also said, being that Mr. Hatfield was not at the October meeting (when the variance request was first heard) it would be appropriate for him to abstain from voting. Mr. Hatfield asked if City Council had denied variance V A-0793? Mr. Karet said the Council failed to overturn a denial by the LDRA with a tie vote. Mr. Garthwaite moved to approve the variance request based on the approval of the 5 criteria, with the condition that the applicant build according to the plans submitted, seconded by Mr. Ewing. Land Development and Regulatory Agency Regular Meeting December 15, 1993 2 J I ......, Mr. Masso asked whether there would be revisions to the plans that Mr. Geil submitted. Mr. Karet said staff will not allow any revisions and his recommendation is to hold them to the plans submitted. After considerable discussion between the applicant and the Board regarding changes in the plans, Mr. Geil asked that the request be tabled. Mr. Ewing withdrew his second to the above motion. Ms. Agrusa moved to continue variance request V A-0793 to the January 26, 1994 meeting and the applicant is to provide final plans, seconded by Mr. Masso. Motion CARRIED 7-0. SP-9308 - N.W. Corner of Silver Circle and U.S. Hwv. #1 Luis C. Geil, authorized agent, requested site plan approval for the construction of a commercial building on the N.W. comer of Silver Circle and U.S. Hwy. #1. Mr. Karet stated the site plan request is to construct a spec commercial building. Mr. Karet said staffs comments have been addressed and staff recommends approval. After brief discussion, Mr. Masso moved to approve the site plan request, seconded by Mr. Garthwaite. Motion CARRIED 7-0. AN-0693 - Weslev S. Harvev. 191 Roberts Road Wesley S. harvey, owner of property located at 191 Roberts Road requested the annexation of a .35:!:: acre parcel. Mr. Karet reviewed the applicant's request saying the applicant is currently constructing a single-family residence on lots 1 and 2 of the Lynn Gardens Subdivision. The applicant was issued a Volusia County building permit. Mr. Karet said the applicant was required to request from the City, utilities, and permission to access Roberts Road, and at that time staff required the applicant to request annexation before approval was given to the County to issue the building permit. Mr. Karet continued saying once the residence is complete, they will connect to the City's water system. Mr. Karet also said wastewater service is not available to the site and there is no gravity sewer line within 200 feet of the site. Mr. Karet said the approval of this annexation will reduce an enclave, therefore the Department of Community Development supports the applicant's request. Land Development and Regulatory Agency Regular Meeting December 15, 1993 3 'w' ...., Mr. Masso expressed concern with the property being on a septic tank. Mr. Karet said the County issued a permit for the installation of a septic tank. Mr. Fazzone asked if the applicant had been offered to hook into the sewer. Mr. Karet said it would be very costly because the sewer line is not within 200 feet of the site. Mr. Hatfield said he feels the mood of the City is to move forward and to eliminate enclaves. Mr. Ewing felt if the other lots in Lynn Gardens were to annex into the City, there would be a lot of homes on septic tanks. Mr. Masso also stated he would like Lynn Gardens eliminated from annexing because of the septic tanks and dirt roads that would be created. After discussion on the septic tank situation Mr. Hatfield moved to recommend the annexation to Council, seconded by Mr. Hildenbrand. Motion CARRIED 6-1. Mr. Ewing voted no. V A-0893 - James C. Duecker. 2810 Kumauat Drive James C. Duecker, owner of property located at 2810 Kumquat Drive requested a variance to the required setbacks to allow for an oversized drive. Chairman Fazzone asked Mr. Karet for his comments. Mr. Karet said Mr. Duecker is requesting a variance from Section 305 of the zoning ordinance that prohibits driveways being closer than 5 feet from side or rear property lines. Mr. Karet said the applicant has poured a concrete driveway with an extension that is within 3 inches of his side property line. Mr. Karet passed photographs to the Board showing different views of the enlarged driveway. Mr. Karet concluded saying upon review of the 5 criteria, staff found the applicant failed to meet criteria A, B, C, and E, as a result the Department of Community Development does not support the applicant's request. The Board discussed with the applicant alternative placements for the driveway, of which he did not agree. The Board then reviewed the 5 criteria and found not all had been met. Mr. Garthwaite moved to deny the variance request as it did not meet criteria A, B, C, and E, seconded by Mr. Masso. Motion CARRIED 7-0 to deny. RZ-9302 - Rezonin2 of Property - N.W. Corner of So. Riverside Drive & Hwv. #1 Luis C. Geil, authorized agent for 1. C. and Rosemary Carder, requested rezoning of property located on the N.W. comer of So. Riverside Drive and U.S. Hwy. #1 from R-2, Single- Family Residential district to B-3, Highway Service Business district. Land Development and Regulatory Agency Regular Meeting December 15, 1993 4 ~ ...., Mr. Karet reviewed the applicant's request. Mr. Karet said the applicant was granted preliminary plat approval for the property at the October 27, 1993, LDRA meeting to create a 5 lot subdivision. At that meeting a question was raised regarding the property's split zoning. It was explained that the applicant would request adjustment of the line at a later date so that none of the new lots were split by zones. Mr. Karet explained that the proposal is to reconfigure the zoning districts so that all of the new lots are zoned B-3 except for lot 5. It is intended that lot 5 will remain residential. Mr. Karet also said the request would not be inconsistent with the comprehensive plan to amend the Florida Land Use Map as requested by the applicant. Mr. Karet informed the Board that a recent decision of the Florida Supreme Court has significantly changed the manner in which local governments approach individual rezonings and he interpreted them. He said in light of the new quasi-judicial nature of individual rezoning, the staff recommended that the Board base its findings on 6 guidelines. He explained each guideline to the members. Mr. Karet concluded saying the Department of Community Development supports the applicant's request and suggests the LDRA make a favorable recommendation to the City Council. Mr. Geil, authorized agent for the applicant, said his request was to have all the property rezoned to B-3. Mr. Joe Prahler. 2130 So. Riverside Drive - Mr. Prahler expressed his concern that the impact of rezoning may cause devaluation of his property. Mr. Geil explained that a 30 foot buffer with trees and a wall would be constructed between the commercial and residential properties. There was considerable discussion involving whether the Board should approve the entire 5 acre parcel to B-3 zoning, or are they held to the area that Mr. Karet outlined in his report. The Board also had concern about protecting the residential abutting property owners, saying they bought their property with the understanding that they abutted residential property, not commercial. Glen Storch, an attorney present for another case, suggested that the applicant may prefer to do a development agreement, thus addressing the concerns mentioned during the meeting. Mr. Karet agreed that this may be a good suggestion. Land Development and Regulatory Agency Regular Meeting December 15, 1993 5 '-' ...", Mr. Hatfield moved to table the request until the January 26, 1994 meeting, seconded by Mr. Garthwaite. Motion CARRIED 7-0 to table. SP-9112 - Request for an Amendment to the Development A2reement for Windview Townhomes Glen Storch, Attorney for James R. Davenport requested an amendment to the Development agreement. Mr. Karet said the City entered into an agreement with the developers for the construction of 10 townhomes and are now ready to start Phase 2 of the project. Mr. Karet stated in the original agreement Mr. Davenport was to remove an existing bulkhead and replant the area with smooth cordgrass, but such activity would conflict with the storm water management system and the pool. Mr. Karet finished by saying the developer is requesting that the agreement be amended to permit him to retain the existing bulkhead, and that staff has no objection to this request. After brief discussion Mr. Masso moved to approve the amendment and recommend approval to the City Council, seconded by Ms. Agrusa. Motion CARRIED 7-0. Proposed Revisions to LDRA Bv-Laws Mr. Hatfield questioned whether staff and the City Attorney should be present at the LDRA meetings and possibly the requirement of their presence at the meetings be incorporated in the By-Laws. Discussion among the members followed, and it was decided this did not need to be included. Mr. Masso moved to approve the By-Laws making minor corrections, seconded by Mr. Hildenbrand. Motion CARRIED 6-1. Mr. Ewing voted no. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet wished everyone Happy Holidays. Land Development and Regulatory Agency Regular Meeting December 15, 1993 6 ...... ...."". B. Chairman's Report Mr. Fazzone wished those in attendance Happy Holidays. c. Agency Members Report All the members also wished everyone Happy Holidays. ADJOURNMENT: There being no additional business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 10:00 pm. Minutes respectfully submitted by: Sondra M. Pengov, Secretary Land Development and Regulatory Agency /SMP Land Development and Regulatory Agency Regular Meeting December 15, 1993 c:\ldra\minutes\121593 7