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08-31-1994 "-' ..... C'\ ' ,~( ....~;\ '\ A. r'\ , I;~"',l C .}., CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING AUGUST 31, 1994 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday August 31,1994, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Hatfield, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand, and Chairman Fazzone. Also present were Mark P. Karet, Director of Community Development, Krista Storey, City Attorney, and Sondra M. Pengov, Recording Secretary. APPROVAL OF MINUTES: The minutes of July 27, 1994 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Garthwaite. Motion CARRIED 6-0. Ms. Lichter abstained from voting as she was absent from the July 27, 1994 meeting. OLD BUSINESS: RZ-9403 - Ravmond L. Anderson Chairman Fazzone said item RZ-9403 was tabled during the June 29, 1994 meeting. Chairman Fazzone said Mr. Anderson is requesting rezoning of property located at 1904 S. Riverside Drive. Mr. Masso moved to remove from the table, item RZ-9403, seconded by Ms. Lichter. Motion CARRIED 7-0. Ms. Storey reviewed, for the Board and the audience, the discussion that took place at the last meeting as well as the fact that the rezoning procedures had changed since last year. Ms. Storey also reminded the Board that this is a quasi-judicial action and that the LDRA's recommendation should be to consider the substantial evidence to support either denial or approval of the request. Chairman Fazzone asked Mr. Karet for his presentation. Mr. Karet brought the Board up to date on what had transpired since the June LDRA meeting. Mr. Karet said the City Attorney and himself had met with Mr. Anderson to discuss a development agreement as directed by the LDRA at the June meeting. Mr. Karet stated that an agreement was not able to be reached between staff and Mr. Anderson. Mr. Karet said the agreement that staff and Mr. Anderson discussed centered around the development of several single-family homes. Mr. Anderson indicated that such a project would not be feasible. Mr. Karet said Mr. ...... ..., Anderson had requested that the rezoning request go forward to obtain the LDRA's recommendation and the Council's final determination. Chairman Fazzone then opened the public hearing. Mr. Ravmond Anderson introduced himself and gave the history of the property surrounding the subject property, explaining that his is the only property never rezoned. Mr. Anderson stated that the building of single-family residences would not be financially feasible. He said that he wishes to rezone to R-4 to allow for the construction of two duplexes. Mr. Anderson then thanked everyone for their co-operation. Doris Hill. 112 Lincoln Road, reiterated her comments from the June meeting. Ms. Hill said there has been indiscriminate zoning surrounding the Anderson property. Ms. Hill said she believes that if Mr. Anderson's property is rezoned it will devalue the surrounding properties. Jim Reeves. 114 Lincoln Road, stated he felt the rezoning change to R-4 would continue to other properties. Mr. Anderson asked Mr. Karet to explain his comment regarding the comprehensive plan. Mr. Karet explained that R-4 would not be consistent with the comprehensive plan, however, the comprehensive plan can be changed. He said within the Future Land Use Element (FLUE) there are policies that indicate how development should occur. Mr. Karet said Policies 4.2, 5.2 and 5.3 of the FLUE were reviewed when considering the request for Mr. Anderson's property. Mr. Karet stated it is staff's opinion that the proposal to rezone to a higher density is consistent with the comprehensive plan FLUE policies. Mr. Anderson advised the Board that he is only requesting to build five units. Mr. Anderson said he would like to request this use of his land, with restrictions imposed, so as to be consistent with the surrounding area. Jim Reeves asked Mr. Karet about buffering in the B-3 zone. Mr. Karet explained that low density residential should be buffered from more intensive commercial uses. Mr. Karet said to accomplish this would be to put something less intense than commercial in its place. Mr. Reeves said that a precedent will be set. Land Development and Regulatory Agency Regular Meeting August 31, 1994 Page -2- 'w' ...., Chairman Fazzone called for a recess at 7:40 p.m. Chairman Fazzone resumed the meeting at 7:45 p.m. Chairman Fazzone closed the public hearing. Mr. Garthwaite inquired as to whether single-family residences were the only type considered. Mr. Karet said Mr. Anderson wanted a duplex agreement, but since a duplex agreement was rejected last year, staff did not feel that was worthwhile discussing. Ms. Storey said, for the record, that the letter regarding the Anderson Property, received by Chairman Fazzone, was from Edwin Vopelak of S. Riverside Drive, and had been distributed to the LDRA Board as well as Mr. Anderson. Mr. Masso wanted it verified that the R-1 zone would accommodate 5 residences per acre. Mr. Karet said the comprehensive plan's low density residential designation allows up to 5 units per acre, not the R-1 zoning category. Mr. Garthwaite expressed his concern in protecting the abutting property owners. Mr. Garthwaite said he would like to see a development agreement that will allow Mr. Anderson to do something more with his property as well as protect the abutting property owners. There was additional discussion regarding the possibility of Mr. Anderson passing the zoning change of R-4 to someone else, and they could possibly build as many as 8 units on the property . There was considerable discussion concerning the creation of a development agreement. Mr. Anderson commented that he doesn't want to go to the City Council with a negative vote from the Board. Mr. Anderson said he would agree to build 2 single-family residences as the Board had suggested previously. Mr. Hatfield moved to table the R-4 zoning request so as to have a Development Agreement drawn up as previously directed, and move forward to include 2 single-family homes and have the zoning remain R-1, and to bring the issue back to the September 28, 1994 meeting. The motion was seconded by Mr. Garthwaite. Motion CARRIED 7-0. Chairman Fazzone called for a 5 minutes recess. Land Development and Regulatory Agency Regular Meeting August 31, 1994 Page -3- '-" ..., NEW BUSINESS: AN-0494 - Duane L. Houser - Mr. Houser requested annexation of his property located at 1861 Pinedale Road into the City. Chairman Fazzone asked Mr. Karet to give the background of the requested annexation to the Board. Mr. Karet stated the applicant is requesting to annex a 1.67 acre parcel containing a single-family residence into the City. The parcel is a comer lot with frontage on Pinedale Road and SR 442, with the rear property line adjacent to the Florida Shores subdivision. Mr. Karet said the applicant is requesting annexation in order to obtain potable water from the City. He said a 24 inch transmission line runs along the south side of SR 442 by the applicant's land. Mr. Karet said sewer service is not available to the property at this time, but service to the area will be considered as part of the western master plan. Mr. Karet concluded by saying that the Department of Community Development recommends approval of the petition for annexation and that the applicant's parcel is contiguous to the City, and its annexation will not create any new enclaves. Chairman Fazzone asked Mr. Houser if he had any comments. Mr. Houser thanked the Board for their consideration. The Board had no comments regarding the annexation. Mr. Masso moved to favorably recommend to the City Council the annexation of Mr. Houser's property, seconded by Mr. Hatfield. Motion CARRIED 7-0. AN-0694 - Residents of Palm Breeze Drive - Ms. Betty Brooks, authorized agent for the residents of Palm Breeze Drive, requested annexation of properties located on the North and South sides of Palm Breeze Drive. Chairman Fazzone asked Mr. Karet to present staffs comments. Mr. Karet said the request is for approval of annexation agreements between 18 property owners on Palm Breeze Drive and the City. Mr. Karet explained that Palm Breeze Drive forms part of an enclave slightly more than 10 acres in size. The combined total that the owners have agreed to annex is 8.25:!: acres of land. He said 2 owners of lots within the enclaves have not wished to be included in this annexation. Mr. Karet related that in February some of the Palm Breeze Drive property owners approached the City Council to request the extension of potable water service to their subdivision, and at that time staff was directed to meet with the residents. Mr. Karet said at a meeting with the property owners held in April, some of the items discussed were the ownership of Palm Breeze Drive, utility services, and annexation. Mr. Karet said the Land Development and Regulatory Agency Regular Meeting August 31, 1994 Page -4- ..... ....." ownership of the road was an issue due to the fact that Palm Breeze Drive is a private road and the City avoids maintaining private roads. He said since the meeting, the Palm Breeze Drive residents have prepared to dedicate the road to the County, consequently, if the annexation is approved, the City will maintain the road. Mr. Karet conveyed that staff had drafted annexation agreements that provide for annexation, the continuation of existing land uses, and connection to the City's water system. Mr. Karet also said, in staffs opinion, the connection to the sewer system should be deferred until it can be coordinated with the development of other properties in the area. He said by doing this a larger more centralized lift station will be created, thus saving the utility system the expense of maintaining and operating several small independent stations. Mr. Karet finalized by saying the Department of Community Development suggests that the LDRA favorably recommend the annexation to the City Council. Mr. Karet said by approval of the annexation, it will reduce the size of an existing enclave and add to the City's tax base and utility customers. Mr. Garthwaite asked Mr. Karet if lot 21 would create an enclave? Mr. Karet said the whole area is an enclave, however, the annexation will reduce the size of the enclave. Ms. Lichter questioned whether the City owned the street. Mr. Karet replied yes, and that the City will maintain the road. Chairman Fazzone mentioned his concern that the properties on the river are still on septic systems. Chairman Fazzone asked Mr. Karet if the lift station could handle these lots. Mr. Karet clarified that there is no lift station to service these properties. Mr. Karet said that Mr. Wadsworth, Director of Utilities, had stated that when the 22 acres to the South of Palm Breeze Drive develops, then the two areas could share in the cost of a lift station. Mr. Garthwaite asked if the streets were compatible with the other City streets? Mr. Karet replied, yes they are. There being no further discussion Mr. Masso moved to recommend to the City Council the approval of the annexation in accordance with staffs findings, seconded by Mr. Garthwaite. Motion CARRIED 7-0. OLD BUSINESS CONTINUED: Review of Proposed Chapters of the Land Development Code Chairman Fazzone mention a letter received from VCARD commending the City on the progress of the Land Development Code. Land Development and Regulatory Agency Regular Meeting August 31, 1994 Page -5- ..... ..., Chairman Fazzone began the review of the chapters of the Land Development Code. Various recommendations and changes were made to the chapters by the Board members as well as comments and explanations from Mr. Karet and Ms. Storey. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet had no report at this time. B. Chairman's Report Chairman Fazzone thanked the Board for their input in the decision making process. C. Agency Member's Report There were no reports at this time. ADJOURNMENT: There being no further business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 8:20 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Recording Secretary Land Development and Regulatory Agency /SMP Land Development and Regulatory Agency Regular Meeting August 31, 1994 Page -6- c:\ldra\minutes\83194