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02-23-1994 '-' ....., CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING February 23, 1994 Chairman Fazzone called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, February 23, 1994, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Mr. Hatfield, Mr. Garthwaite, Mr. Hildenbrand, and Chairman Fazzone. Mr. Ewing and Ms. Agrusa were recorded absent. Also present were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney, and Liz McBride, Secretary. APPROVAL OF MINUTES: The minutes of January 26, 1994 were presented for approval. Mr. Garthwaite moved to approved the minutes as presented, seconded by Mr. Hatfield. Motion CARRIED 5-0. Chairman Fazzone asked the Board and the applicant if they minded going to New Business first as the Continued Business may be lengthy. The Board and the applicant agreed to hear New Business first. NEW BUSINESS: Z-9401 - Zooio!!: Text Amendment Request to Allow a Church io the R-IB District Josue Lopez, Jr., authorized agent for the Smyrna Free Will Baptist Church requested a zoning text amendment to allow churches to be permitted in the R-1B, Single-family Residential district. The request is for property located on the south side of Indian River Blvd., between Victory Palm & Willow Oak Drives. Chairman Fazzone asked Mr. Karet to review the item. Mr. Karet said the current regulations do not permit churches within any of the City's residential categories. Mr. Karet said the exclusion of churches from residential districts is not a common practice. Mr. Karet said most communities permit churches as special exceptions or conditional uses. Mr. Karet remarked that treating churches as special exceptions permits communities to impose conditions on a proposed project to limit negative impacts on the surrounding area. Mr. Karet then suggested criteria to be met before granting a special exception. Mr. Karet concluded saying the Department of Community Development recommends the adoption of an ordinance that will permit houses of worship in residential districts as a special exception. '-" ..." Mr. Garthwaite asked Mr. Karet, if the church fails or outgrows its location and moves to an other location, what will become of the existing building? Mr. Karet responded, saying a long range possibility is that Indian River Blvd. may become a location for businesses. Mr. Karet said in the future if a business wants to locate in a former church, they will have to request rezoning. Mr. Garthwaite asked if this might cause a right of use situation and Ms. Storey explained that a potential new owner would be aware of the code before purchasing the property. Mr. Garthwaite also questioned the parking requirements for the church and Mr. Karet said there is sufficient room to accommodate a sizeable increase in their membership. Mr. Karet said he had discussions with the applicant in regard to the property meeting their needs in the future. Mr. Hildenbrand questioned whether this church would ring bells on Sunday and asked if this would pose a problem in a residential area. Mr. Karet replied that there would be no restriction from a zoning aspect. Mr. Lopez, authorized agent for the church stated the church size would be approximately 2500 square feet and would accommodate parking for 150 people. Mr. Lopez said this will satisfy their present needs and long range needs for 5 to 10 years. Mr. Lopez concluded by saying they will have no church bell. After brief discussion Mr. Masso moved to accept the applicant's request in accordance with staffs recommendations, seconded by Mr. Garthwaite. Motion CARRIED 5-0. SE-9401 - Special Exception to Property Located at 2305 S. Ridg:ewood Avenue to Allow an Adult Cong:reg:ate Living: Facility in the B-3 District. JoAnn Richard, authorized agent for James C. & Rosemary Carder requested a special exception to allow for an Adult Congregate Living Facility in the B-3 district. Chairman Fazzone asked Mr. Karet to present staffs position on the special exception. Mr. Karet said this request is unusual as most special exceptions dealt with in the past have been for vacant property that include site plans. Mr. Karet said the applicant is purchasing an existing building that they wish to convert to an Adult Congregate Living Facility. Mr. Karet said a grant of special exception is not totally discretionary, but rather a "conditional" type of use. He said if the requirements of the code are met and can satisfy all reasonable conditions the request must be granted. Land Development and Regulatory Agency Regular Meeting February 23, 1994 2 ., ....", Mr. Karet finished saying staff supports the applicant's request as the criteria has been met and they do not see any cause to impose conditions upon the grant. Ms. Richard, authorized agent, said she is representing Betty Labiak, the purchasers of the property. Mr. Hatfield asked Ms. Richard about the specifics of the ACLF. Ms. Richard said the facility will be a well care facility and all the HRS requirements will be met before operation begins. There being no future discussion Mr. Hatfield made a motion to grant the special exception, seconded by Mr. Masso. Motion CARRIED 5-0. CONTINUED BUSINESS: V A-0793 - Variance Reauest to Prooerty Located at 1719 S. Riverside Drive (Tabled at January 26. 1994 Meetine) Luis C. Geil, authorized agent for James H. Cameron requested a variance to property located at 1719 S. Riverside Drive from the required setbacks to allow for the construction of a single-family residence. Chairman Fazzone reviewed the background. Mr. Karet explained the proposals that were presented to the Board at this meeting. Mr. Fazzone then examined the proposed plans with the Board members. Mr. Masso moved to grant the variance in accordance with the past discussions as to the criteria and that the applicant agrees to build the proposed building in accordance with the drawing labeled February 12, 1994 (since there is no other number on the drawing) (held drawing up to affirm the one being referenced) and doesn't approve of any other building on the site, Mr. Garthwaite said he will second after discussion. Chairman Fazzone asked for discussion. Mr. Bill Gleason asked that Mr. Cameron be allowed latitude in regard to the specific building elevation that is constructed on the site. Mr. Gleason pointed out that the Building Division would review the plans. Land Development and Regulatory Agency Regular Meeting February 23, 1994 3 ...." ..."", Mr. Masso then expressed his dissatisfaction with the applicant's changing his request at every meeting and said he questions Mr. Cameron's intent. Mr. Karet pointed out that Mr. Gleason referred to normal procedures and controls. Mr. Karet said that normal procedures and controls do not address the aesthetics of a building. Mr. Karet reminded the Board that members had expressed concern with Mr. Cameron's judgement on aesthetics because of the garage he constructed. Mr. Gleason said they have two approaches and showed plans that show development above the existing garage by Leete & Leete and a plan by Geil's Development Services. Mr. Hatfield asked if the applicant could, at a later date, bring the plan back before the Board if the Board approved a specific plan at this meeting? Mr. Karet said a variance can not be amended, but a condition could be appealed to the Council. Mr. Gleason asked if there is some vehicle through which the Board can grant the variance, subject to the plans returning to the Board for final approval? Mr. Karet responded yes, that could be a condition that the builder bring back elevation drawings. Mr. Karet stated that the situation could be handled one of three ways: 1) approve a specific elevation; 2) enter into a development agreement or; 3) grant the right to build the building over the existing garage and come back to LDRA for final approval of the elevation. Mr. Karet said staff is of the opinion that the third suggestion is most desirable. After discussion regarding the aesthetics of the home Ms. Hill stated she feels a development agreement is necessary to provide control as to what is being built. Mr. Cameron said the plan showing a home in front of the garage can be eliminated. Chairman Fazzone asked Ms. Storey how the Board can "tie this down" to get a definitive structure. Land Development and Regulatory Agency Regular Meeting February 23, 1994 4 '-" ...., Ms. Storey reminded the Board that this request is for a variance of a nonconforming lot and that it is appropriate for them to require some limitations. Mr. Garthwaite withdrew his second to the motion made earlier. Mr. Masso amended his motion to say it will be either the drawing by Geil's Development Services, Inc., Job No. 9314 or drawings by Leete & Leete -AlA, Comm. No. L-9409 and any changes will have to come back to the Board, seconded by Mr. Garthwaite. Motion CARRIED 5-0. Ms. Storey asked if the Board finds the variance has been met subject to the conditions. Chairman Fazzone replied yes. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet explained why the B-2 district was not on the agenda and also said that the trip to the B-2 district with the Board members will be arranged. Mr. Karet reported that the first reading of the annexation of the U.S. Highway #1 right-of- way had been approved by the City Council. Mr. Karet also mentioned that the copy of the comments to the Draft Sign Ordinance from Mr. Martin may need clarification from the Economic Development Board. Chairman Fazzone questioned when the special meeting would be setup. Mr. Karet said there is a great deal of information for him to gather and he hasn't been able to set a date as yet. B. Chairman's Report Nothing to report at this time. C. Agency Members Report Mr. Masso said prior to the next special meeting that section 8 of the sign ordinance was to be broken down into 3 subsections. He also asked that the members of the former sign ad hoc committee be present at the special meeting. Land Development and Regulatory Agency Regular Meeting February 23, 1994 5 ...... ..." ADJOURNMENT: There being no further business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 8:16 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Secretary Land Development and Regulatory Agency /SMP c:\ldra\minutes\22394 6