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09-28-1994 ..... ....., CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING SEPTEMBER 28, 1994 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, September 28, 1994, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Hatfield, Ms. Agrusa, Mr. Hildenbrand, and Chairman Fazzone. Mr. Garthwaite was recorded absent. Also present at the meeting were Mark P. Karet, Director of Community Development, Krista Storey, City Attorney, and Sondra M. Pengov, Recording Secretary. APPROVAL OF MINUTES: The minutes of August 31, 1994 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Ms. Lichter. Motion CARRIED 6-0. OLD BUSINESS: RZ-9403 - Raymond L. Anderson Chairman Fazzone stated that item RZ-9403 was tabled from the August 31, 1994 meeting at which time Mr. Anderson requested rezoning of property located at 1904 S. Riverside Drive from R-1 to R-4. Chairman Fazzone said that the Board had directed staff and Mr. Anderson to draw up a development agreement with the zoning to remain R-1 and allow for the construction of two additional single-family residences on the property. Chairman Fazzone asked for the necessary motion to remove item RZ-9403 from the table. Mr. Masso moved to remove the rezoning request from the table, seconded by Mr. Hatfield. Motion CARRIED 6- O. Chairman Fazzone asked Mr. Karet for his presentation of the request. Mr. Karet explained that the development agreement provides for the construct of two additional single-family residences, and explained the proposed property plan layout that was provided to the Board. Chairman Fazzone opened the discussion to Mr. Anderson. Raymond Anderson. 1905 S. Riverside Drive, Mr. Anderson remarked that he is in agreement with the proposed development agreement and has no additional comments. Chairman Fazzone commended Mr. Anderson and staff on their preparation of the agreement. However, Chairman Fazzone questioned Ms. Storey on the "Appeals" section of the development agreement. The Chairman felt that it would be appropriate to bring appeals to '-"' ,...., the LDRA rather than go directly to the City Manager. Ms. Storey said this is a standard agreement. Mr. Karet said staff has no objection with bringing appeals to the LDRA. The other Board members agreed with Chairman Fazzone. Ms. Storey said bringing appeals back to the LDRA would be more consistent with the comprehensive plan. Mr. Masso then moved to approve the Development Agreement and present it to the City Council after the changes have been made to the "Appeals" section, seconded by Mr. Hatfield. Motion CARRIED 6-0. CPA - 9401 - City of Ed2ewater Item CPA-9401 is a required public hearing for a recommendation to the City Council on transmittal to DCA of an amendment to the Edgewater Comprehensive Plan in order to provide an appropriate land use designation (B-2 area of Guava and Hibiscus Drives). Chairman Fazzone reviewed the history of the proposed amendment, explaining that the LDRA had tentatively approved it. Chairman Fazzone asked Mr. Karet for his presentation. Mr. Karet stated that the area of the proposed amendment is the B-2 zone along Hibiscus and Guava Drives. Mr. Karet reviewed the summary report, support documents, and exhibit maps that had been prepared for transmittal to the Department of Community Affairs. Mr. Hildenbrand questioned whether there was residential property abutting the B-2 zone at 18th Street. Mr. Karet said staff will examine the area that appears to be low density residential and alter the statement to reflect the area that abuts 18th Street. Chairman Fazzone opened the meeting to the public. Mary Lee Cook. 1822 Hibiscus Drive - Ms. Cook asked if 1822 Hibiscus Drive is zoned B-2 and whether light industry allows mini-warehouses and construction offices. Mr. Karet said the B-2 designation currently allows some type of industrial uses, however the proposal is to alter the B-2 so as to eliminate some of the industrial type uses. Mr. Karet said the 1822 Hibiscus Drive area is not proposed for a change of designation to industrial. Mark Hampton. 1852 Hibiscus Drive - Mr. Hampton said he represents the contract purchasers for property located at 1852 Hibiscus Drive and would like consideration of this property in the amendment. John Browning. 1904 Hibiscus Drive - Mr. Browning expressed that he feels the surrounding businesses have an industrial type use and would like to see the industrial line extended to the north to include 1852 Hibiscus Drive. Land Development and Regulatory Agency Regular Meeting September 28, 1994 Page -2- "-" .., Gary Roberts. 2411 Pine Tree Drive - Mr. Roberts said he feels mini-warehouses should be a consideration in the B-2 zone. Chairman Fazzone asked Mr. Karet if something could be added to the amendment. Mr. Karet said there are three alternatives for the Board; listen to the comments and decide that they are not appropriate to address and that the current proposal is acceptable; alter the B-2 district in such a way as to permit mini-warehouses or; to move the line between the industrial and B-2 districts. Chairman Fazzone indicated that some accommodations should be made to the problems heard. Ms. Lichter stated that she felt mini-warehouses should be allowed in the B-2 district. Mr. Karet replied that the uses already established in the B-2 district will become non-conforming but, will be allowed to continue until they are abandoned or destroyed. Mr. Hatfield agreed with Ms. Cook and said that it may be advisable to move the industrial line except for the lots that immediately front Indian River Boulevard. Mr. Karet agreed that Mr. Hatfield's suggestion could be accommodated. Mr. Karet said if the Board wishes to move the line, this can be done. Chairman Fazzone closed the public hearing. Mr. Masso moved to accept staffs recommendation to bring the industrial line up to the rear of properties that abut Indian River Boulevard, those properties would remain B-2, (this includes Fern Palm Dr., Guava Dr. and Hibiscus Dr. as shown in Exhibit B), seconded by Mr. Hatfield. Motion CARRIED 6-0. Mr. Masso then moved to recommend that City Council transmit the amendment as amended to the Department of Community Affairs, seconded by Ms. Lichter. Motion CARRIED 6-0. Chairman Fazzone called for a recess at 7:30 p.m. Meeting resumed at 7:40 p.m. NEW BUSINESS: AN-0594 - KMK Chevron. Tropical Chevron Denise and Khaled Koleilat requested annexation of their property located at 3336 W. Indian River Boulevard into the City. Land Development and Regulatory Agency Regular Meeting September 28, 1994 Page -3- ...... ....", Chairman Fazzone asked Mr. Karet to give his presentation. Mr. Karet stated this is a request to annex .70:t acres of land that includes a 1,730:t square foot service station into the City. Mr. Karet said Chapter 171 of the Florida Statutes requires that voluntary annexations not create enclaves and that the property must be contiguous to the City. He said the property is contiguous and will not create an enclave to the City if annexed. Mr. Karet concluded saying staff suggests that the LDRA favorably recommend the annexation to the City Council. Chairman Fazzone asked for comments from the applicants. Mr. and Mrs. Koleilat expressed their desire to be a part of the City and explained why they hadn't been annexed during the Western annexation. The Board members all agreed that the property should be annexed and Mr. Masso moved to recommend to the City Council the approval of the annexation in accordance with staffs findings, seconded by Mr. Hildenbrand. Motion CARRIED 6-0. ZA-9402 - Ed2ewater United Methodist Church. 211 N. Rid2ewood Avenue Mr. Schweizer, authorized agent for the Edgewater United Methodist Church requested an amendment to the text of the zoning ordinance to allow free standing religious symbols to exceed height limits imposed on signs. Chairman Fazzone asked Mr. Karet for his presentation. Mr. Karet explained that the applicant obtained site plan approval to expand the existing church in November of last year. He said the applicant's request is to amend the text of the zoning ordinance to allow churches to erect free standing or integral religious symbols, steeples, bell towers, etc., 25 feet above the primary structure on a site. Mr. Karet said the applicant's wish to erect a 40 foot tall cross tower is five feet greater than the 35 feet allowed height. Mr. Karet stated the Department of Community Development supports the applicant's request and staff suggests that the LDRA recommend the proposed text amendment to the City Council. Chairman Fazzone asked the applicant, Mr. Schweizer for his comments. Mr. Schweizer explained that the proposed cross tower would be built along the same scale as the future sanctuary as shown in the master plan. Ms. Lichter stated that she would like to see each church request be taken as a separate issue with the LDRA and mentioned several reasons why. There was discussion among the Board members as to whether this should be made a conditional use or a special exception. Mr. Masso said he has no problem with the text amendment, but has a problem with a free Land Development and Regulatory Agency Regular Meeting September 28, 1994 Page -4- ....... ""., standing symbol 25 feet above the existing building. Chairman Fazzone said he agrees with Mr. Masso. Mr. Karet said the intent was not to allow a free standing symbol to be 25 feet above the highest point of the structure. Mr. Masso interjected that he has no problem with a church having a steeple, bell tower or a spire in most areas. He said his problem is with the free standing symbol. Again Chairman Fazzone agreed with Mr. Masso. Mr. Schweizer explained to the Board that he has applied for a permit for the construction of a fellowship hall to the existing facility as well as the cross tower. Mr. Karet explained that the existing church will have an addition to the east side, then another structure will be built after the free standing cross tower is built. Mr. Karet stated, because of this, the free standing cross tower should be addressed. Mr. Schweizer said he would agree to a 10 foot maximum ( for a free standing tower) above the allowable building height for the tower rather than the 25 feet. Chairman Fazzone said he is willing to consider the 10 foot maximum rather than the 25 foot maxImum. Mr. Hatfield moved to approve changing the 25 foot maximum to a 10 foot maximum height, above the allowable height in the district, seconded by Mr. Masso. Discussion followed concerning the appearance of .a spire or a bell tower as an integral part of the structure. It was decided that a maximum of 25 feet should be utilized. Mr. Masso suggested leaving 25 feet for the integral elements. Mr. Hatfield amended his motion to include Mr. Masso's suggestion. The motion CARRIED 6-0. SP-9404 - Ed2ewater United Methodist Church. 211 N. Rid2ewood Avenue Mr. Schweizer, authorized agent for the Edgewater United Methodist Church requested site plan approval for the addition of a cross tower at the church. Chairman Fazzone asked Mr. Karet for his presentation. Mr. Karet stated that this request is for the approval of a free standing structure referred to in item ZA-9402. Mr. Karet said all the comments made by staff had been addressed. Mr. Schweizer passed a picture to the Board showing how the cross tower would be illuminated and the type of lighting that will be used. Land Development and Regulatory Agency Regular Meeting September 28, 1994 Page -5- '-' ...." There being no additional discussion Mr. Masso moved to approve the site plan with the provision that the zoning text amendment must first be approved by City Council, seconded by Mr. Hatfield. Motion CARRIED 6-0. SP-9403 - U.S. Post Office. 400 South Rid2ewood Avenue Mr. Robert Hoenshel, authorized agent for the Post Office requested site plan approval for an addition to the existing building. Chairman Fazzone asked Mr. Karet for his comments on the request. Mr. Karet said the request is for an addition to the existing structure that will be 9,800::!: square feet in size. Mr. Karet said that the addition will significantly change the traffic pattern through the site so that those entering and exiting the post office will do so from Ocean Avenue. Mr. Karet pointed out that the police department is pleased with the traffic pattern. Mr. Karet said that staff has reviewed the site plan and the applicant has satisfied all the comments from staff. Mr. Hoenshel, authorized agent for the post office, stated that the 10 inch water line extension will be provided as requested by City staff. There was also discussion regarding the need for a traffic light on Ocean Avenue. Mr. Karet said that the criteria required by the Department of Transportation for the installation of a traffic light has not been met by the City. Mr. Karet commented that the proposed changes to the Land Development Regulations will require that a traffic study be provided. There being no further discussion a motion was made by Mr. Masso to approve the site plan request, seconded by Mr. Hildenbrand. Motion CARRIED 6-0. DISCUSSION ITEMS: A. Community Director's Report None at this time. B. Chairman's Report None at this time. C. Agency Member's Reports None at this time. Land Development and Regulatory Agency Regular Meeting September 28, 1994 Page -6- "'- ...", ADJOURNMENT: There being no further business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 9:00 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Recording Secretary Land Development and Regulatory Agency /SMP c: \ldra \minutes\092894 Land Development and Regulatory Agency Regular Meeting Septem ber 28, 1994 Page -7-