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06-29-1994 '-" ....., CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING JUNE 29, 1994 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday June 29, 1994, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Garthwaite, Mr. Hildenbrand, and Chairman Fazzone. Mr. Hatfield and Ms. Agrusa were recorded absent. 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 May 25, 1994 were presented for approval. Mr. Masso moved to approve the minutes, seconded by Mr. Garthwaite. Motion CARRIED 5-0. The minutes of April 27, 1994 were represented as Ms. Storey suggested amending the minutes to reflect the approval of the 6 criteria. Mr. Masso moved to accept the minutes as amended, seconded by Mr. Garthwaite. Motion CARRIED 5-0. NEW BUSINESS: SP-9402 - James C. Carder Luis C. Geil, authorized agent for James C. Carder, requested site plan approval for property located at the northeast comer of U.S. Highway #1 and Riverside Drive. Chairman Fazzone asked Mr. Karet for staffs report. Mr. Karet stated that the applicant is proposing to construct a 2,400 square foot spec building. Mr. Karet said the project area is 1.21 acres. Mr. Karet reminded the Board that the property was rezoned at an earlier meeting and the boundary between the B-3 district and the residential district was realigned. He also said that in October 1993, this property was granted preliminary plat approval for a subdivision, but the owner had not submitted construction plans. Mr. Karet said, if the owner continues with future development of the site, he will have to develop construction Land Development and Regulatory Agency Regular Meeting June 29, 1994 ..... "'-" plans and possibly amend the lot lines. Mr. Karet said at this point the site can not be conveyed separately from the rest of the property until the subdivision process is completed. Mr. Karet concluded, saying, staff has reviewed the site plan, and staff comments have been addressed, therefore, staff recommends that the LDRA grant approval. Chairman Fazzone questioned the entrance on U.S. Highway #1 and the other at S. Riverside Drive. Mr. Karet said some of the neighbors have expressed concerns that they didn't want this site to access S. Riverside Drive. However, there are no code requirements that prohibit access to S. Riverside Drive. Mr. Karet said (as shown on the plan) this is the safest arrangement in terms of reducing traffic conflict. There being no additional comments, Mr. Masso moved to recommend the granting of the applicant's request for final approval, seconded by Mr. Garthwaite. Motion CARRIED 5-0. RZ-9403 - Florence Anderson Raymond Anderson, authorized agent for Florence Anderson, requested rezoning of property located at 1904 S. Riverside Drive from R-1 to R-4. Chairman Fazzone opened the issue for Public Hearing then asked Mr. Karet for his presentation. Mr. Karet said this request is to rezone a 1.01:!: acre parcel from the R-1, Single-family Residential District to the R-4, Multi-family District. Mr. Karet said the applicant's property has been the subject of two similar requests, the first in 1989, and again in 1991. He said both requests were rejected by the City. Mr. Karet then reviewed the surrounding area for the Board. Mr. Karet said in order for this property to be re-zoned the Comprehensive Plan designation would have to be changed. According to Mr. Karet's report it is the opinion of staff that the proposal to redesignate the applicant's property from Low Density Residential to Medium Density Residential is consistent with the comprehensive plan. Mr. Karet discussed criteria used by the Department of Community Development to analyze rezoning requests. He concluded by saying that the Department of Community Development supports the applicant's request for amendment of the Future Land Use Map and the rezoning of the property. Mr. Karet said staff suggests that the LDRA make a favorable recommendation to the City Council. Ms. Lichter asked Mr. Karet how many dwellings could be built on this property. Mr. Karet said the most obvious limit is its size and the need for any additional units to be supported by Land Development and Regulatory Agency Regular Meeting June 29, 1994 Page -2- ..... ",.", parking and stormwater requirements. Mr. Karet said there is an overall limit that is imposed by the comprehensive plan which states 8 units per acre is allowed. Ms. Lichter asked if site plan approval was required. Mr. Karet said yes. Mr. Masso said if we are to change this from R-1 to R-4, eventually R-4 could go all the way to New Smyrna Beach, and he would like to go on record as opposing the request. Mr. Masso said if the zoning change is approved it would allow the applicant to do whatever R-4 allows, the Board would have no control. Chairman Fazzone asked the applicant for his comments. Mr. Ray Anderson. 1905 S. Riverside Drive. authorized agent, said he did not want to bring up the past meetings because those responses would perhaps prejudice the Board, but the Board has already done that. Mr. Anderson said the conditions are different than they were two years ago. Mr. Anderson said the City had allowed this zoning to be created during the last 20 years. Mr. Anderson said he would like an appropriate zone that is compatible to everyone. Mr. Anderson said there has been no facts from the Board, just objections from prior decisions. Mr. Anderson explained that his request of two years ago to rezone to R-5 was rejected, even though R-5 is a buffer between high density and low density. Mr. Anderson asked the Board for their suggestions. Chairman Fazzone said the Board is trying to do the best thing for the City. Chairman Fazzone made reference to a letter he received from Mr. Vopelak of S. Riverside Drive and of a phone call he received, both opposing the rezoning request. Mr. Anderson stated he felt the letter and phone call received by Chairman Fazzone should not have taken place, because they have the advantage of prejudicing the Board's opinion before he is able to state his case. Ms. Lanchony. 110 Lincoln Road. Ms. Lanchony stated she felt Mr. Anderson's property could be developed in a way that would enhance the area. Ms. Lanchony said she is not opposed to multi- family units on the property. Mr. Peter Hellsten. 1717-B S. Riverside Drive. Mr. Hellsten said he is not opposed to the development of this property, but he is opposed to the way it is being presented. Mr. Hellsten said he feels if the rezoning is permitted, it is compounding the zoning problem and said he thinks possibly a variance would be more desirable. Mr. Hellsten asked that the Board deny the request and work toward a variance or a development agreement that will allow Mr. Anderson the ability to develop his property within the framework of low density residential. Land Development and Regulatory Agency Regular Meeting June 29, 1994 Page -3- .... ...", Doris Hill. 112 Lincoln Avenue, Ms. Hill made reference to the fact that the R-4 zone to the south of Mr. Anderson's property is the only medium density area on Riverside Drive from the New Smyrna Beach line to the trailer park at the south end of S. Riverside Drive. Ms. Hill said she feels Mr. Anderson's property should remain low density as stated in the comprehensive plan. Ms. Hill said she would like to see the zoning as R-l or R-2, with a special exception to build two duplexes or two or three single-family homes, thus maintaining the low density typical of the area. Ms. Hill asked the Board to deny or table the request and establish an agreement to everybodys satisfaction. Mr. Anderson asked that the records show that he is not objecting to any method of improving or best use of the land. Mr. Anderson then asked the Board what is feasibly possible for his property. Mr. Hellsten. stated the development agreement that was created two years ago was worked around the basis of an R-5 development, however, if it was not implemented, the zoning would remain and people were concerned with what may happen. Mr. Hellsten said he thinks because of the sordid past with the zoning there are grounds for a variance. Ms. Lichter, said she thinks the Board is in the middle of a quasi legal hearing with one issue at stake, the applicant has requested a specific thing and the Board needs to hear all the facts. Ms. Lichter asked the records to show that hearing the applicants background was informative to her, not prejudicial. Ms. Lichter feels that the Board is in a legal situation, we need to accept or not accept the request based on the six criteria. Mr. Garthwaite, said he disagrees with Ms. Lichter, but feels if a compromise can be worked out to the betterment of everyone involved, now is the time to table this and work a compromIse. Chairman Fazzone agreed with Mr. Garthwaite and asked Mr. Karet for his comments. Mr. Karet said the two terms (variance and special exception) that have been mentioned have not been used in the proper meaning. He then explained the meanings of the two terms. Mr. Karet said the alternative presented by Mr. Anderson, at the time of his last request, was a development agreement and he still believes this is the only vehicle available. Chairman Fazzone asked Mr. Anderson if he would be willing to draw-up a development agreement with staff and the City Attorney. Mr. Anderson replied, yes he would. Land Development and Regulatory Agency Regular Meeting June 29, 1994 Page -4- ..... ..", Chairman Fazzone suggested tabling this request and have Mr. Anderson create a development agreement and bring it back before the LDRA. Mr. Anderson and several members of the audience discussed the past development agreement as well as why it was denied. Mr. Karet said if the Board and the Council can accept a development of up to five units on the property, it can be done without any changes to the comprehensive plan. Mr. Karet felt that some type of multi-family agreement could be done without changing the underlying zonmg. Chairman Fazzone said he would entertain a motion that the Board table the request with the possibility that Mr. Anderson and the City will come up with a development agreement and limit it to five units. After additional discussion Chairman Fazzone closed the public hearing. Mr. Garthwaite moved to table the request and allow the applicant and the City to develop an agreement with consideration to the protection of the surrounding areas, with the possibility of buffers, minimum development for the size of the property, and bring it back to the August 31, 1994 meeting, seconded by Ms. Lichter. Motion CARRIED 5-0. Chairman Fazzone called for a recess at 8:20 p.m. Meeting resumed at 8:30 p.m. OLD BUSINESS: Review of Proposed Chapters of the Land Development Code Mr. Karet introduced Dave Castagnacci and Attorney Mark Hall of VCARD who are reviewing portions of the City's Land Development Regulations (LDR's) and said they will provide the Board with some of their comments. Mr. Karet than gave the background of the sources used in the LDR's creation that were instrumental to himself and Ms. Storey in developing the chapters that have been provided to the Board. Chairman Fazzone began the review of the chapters starting with Site Plans, then proceeded to Amendments to the Comprehensive Plan, Code, Official Zoning Map and Future Land Use Map, Conditional Uses, and Development Agreements. Mr. Castagnacci, Mr. Hall and the Board made various recommendations and changes to the chapters. Land Development and Regulatory Agency Regular Meeting June 29, 1994 Page -5- .... ~ DISCUSSION ITEMS A. Community Director's Report None at this time. B. Chairman's Report None at this time. C. Agency Members Report None at this time. ADJOURNMENT: There being no additional business to come before the Board a motion was. made and approved to adjourn. The meeting adjourned at 9:32 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Recording Secretary Land Development and Regulatory Agency /SMP c:\ldra\minutes\62994 Page -6-