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01-25-1995 ........ ...., CITY OF EDGEW ATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING Wednesday, January 25, 1995 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, January 25, 1995 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Moncure (arrived at 6:50 p.m.), Mr. Garthwaite, Ms. Agrusa and Chairman Fazzone. Also present at the meeting were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney, and Sondra M. Pengov, Recording Secretary. Mr. Hildenbrand was recorded absent. APPROVAL OF MINUTES: The minutes of December 21, 1994 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Ms. Lichter. The motion CARRIED 5-0. OLD BUSINESS: None at this time. NEW BUSINESS: MSD-9405 - Lucv Moselev - Ms. Moseley, owner of property located at 204 Hubblell Street, requested a Minor Subdivision. Chairman Fazzone asked Mr. Karet for his comments pertaining to the request. Mr. Karet said the applicant is requesting minor subdivision approval to replat lots 5, 6, and 7 of her property in Edgewater Highlands Subdivision. Mr. Karet said the applicant owns a .55~ acre parcel, located in the R-3, Single-family Residential district, at the intersection of Lamont and Hubbell Streets. He said there is a single story nonconforming house with a detached garage, but the nonconforming status will not affect the proposed minor subdivision. Mr. Karet said the applicant's lots exceed the minimum requirement of the subdivision ordinance by 3,400~ square feet. Mr. Karet concluded saying that staff recommends the LDRA grant the applicant's request for minor subdivision approval. Chairman Fazzone questioned Mr. Karet as to whether the request complies with the comprehensive plan. Mr. Karet replied that the comprehensive plan designation is low density residential, and the applicant's property is unaffected. There being no additional discussion, Ms. Lichter moved to accept the minor subdivision, as it meets all requirements, seconded by Mr. Masso. Motion CARRIED 5-0. "-" ....., SD - 9402 - The Radnor Corporation (Edl!:ewater LandinI!: Phase III) - Mark Dowst, authorized agent for the Radnor Corporation, requested subdivision approval. Ms. Lichter stated she lives at Edgewater Landing, and has discussed the matter with the City Attorney, and because she will not directly profit from Phase III, she may participate in the decision of SD-9402. Chairman Fazzone asked Mr. Karet for background of the request. Mr. Karet said the request is for a preliminary plat approval for the subdivision of 18.69j: acres of land into 45 homesites for manufactured homes. Mr. Karet said this will be Phase III of Edgewater Landing, the final phase. Mr. Karet stated that comments from staff have been satisfactorily addressed and approval is recommended. Mr. Karet then explained to the Board the procedures for subdivision. Ms. Lichter questioned the responsibility of the storm water system in Phase III. Mr. Karet said the responsibility is not vested in the City, ultimately, the maintenance of the stormwater system will be the responsibility of the Homeowners Association. Discussion followed regarding pathways and nature walks within Phases I and II. Ms. Lichter also questioned the maintenance of the wire fence separating Phase III from Rankin Drive. Mr. Karet said the fence sits on the boundary and is virtually maintenance free. Mark Dowst. 428 N. Peninsula Dr.. Davtona Beach, Mr. Dowst introduced himself, stating that he represents Edgewater Landing and is available to answer questions. Chairman Fazzone questioned the location of lot 160 on Portside Lane. Mr. Dowst said that lot 160 will be removed. Other discussion followed between some of Edgewater Landing property owners and Mr. Dowst regarding the storm water maintenance and the fact that there will be no direct access between Rankin Drive and Phase III. Mr. Karet responded to a question regarding parcel E. Mr. Karet said this parcel will be developed in the future as commercial property. There being no further discussion, Mr. Masso moved to accept the preliminary plat in accordance with staffs recommendation, seconded by Mr. Garthwaite. Motion CARRIED 6- O. V A-0495 - Li'l Champ Food Store - George A. Dikeman, authorized agent for Li'l Champ Food Stores, requested a variance from the height limitation. Land Development and Regulatory Agency Regular Meeting January 25, 1995 Page -2- .... ..." Chairman Fazzone announced that this is a public hearing and asked Mr. Karet for a presentation of the request. Mr. Karet explained that the applicant is requesting a variance from the 26 foot height limit of the zoning ordinance to construct a 30 foot tall air stripping tower. Mr. Karet said the applicant's client owns and operates a convenience store with gas pumps located on Indian River Boulevard. Mr. Karet said there is a small, slowly spreading plume of contaminants. Mr. Karet said the owner's consultant examined the underground storage tanks and gas pumps, and found no leaks. He added the contamination is probably the result of improper filling of the underground storage tank. In order to remove the contaminants from the site, Mr. Karet said the installation of a remediation system is required. He said this will include an aerator stack 30 feet in height. Mr. Karet concluded by saying the applicant had satisfied the five required criteria established in the zoning ordinance. However, Mr. Karet said staff recommends the LDRA approve the request with the condition that noise levels do not project into neighboring residential properties at a level greater than 66dB during the day and 60dB at night. Mr. Karet also recommended the property owner shall be made responsible for making the noise level tests prior to final approval of the system by the City. Mr. Garthwaite asked if contaminants would be discharged from the stack causing irritants to be spread. Mr. Karet said no, as the contaminants will be "cooked" by the system. Mr. Garthwaite also inquired as to whether this would be a permanent installation or would it be temporary? Mr. Karet said once the contaminants are removed, than the system may be taken out of operation (in approximately 3 years). Mr. Geor2e Dikeman. J.A. Jones Environmental Services ComDanv - Mr. Dikeman responded to Mr. Garthwaite's question as to whether steps were being taken so this problem would not reoccur. Mr. Dikeman said yes, measures are in place to eliminate the tanker trucks from spilling when filling the tanks. Mr. Garthwaite asked how the noise would be muffled. Mr. Dikeman said there are two systems, one for ground water and the other for soil. Mr. Dikeman then explained the process of the systems. Mr. Garthwaite asked how low the sound would be. Mr. Dikeman said it would be reduced below 60dB. Mr. Garthwaite asked if there were other ways to remove the contaminates of which Mr. Dikeman replied yes, but there would still be a stack of 30 foot in height. He explained that the height of the stack eliminates any irritants to the surrounding area. Joan Peel. J.A. Jones Environmental Services ComDanv - Ms. Peel stated that any vapors from the project are less than that from an automobile. Mr. Moncure asked Mr. Dikeman to describe the proposed stack. Mr. Dikeman described the stack and explained other questions that had arisen concerning the request. Chairman Fazzone opened the public hearing at 7:28 p.m. Land Development and Regulatory Agency Regular Meeting January 25, 1995 Page -3- ~ .."" Chairman Fazzone then closed the public hearing. Mr. Masso moved to grant the variance request based on the five criteria being met, with the condition that the noise levels established by the City are met. The motion was seconded by Mr. Garthwaite. Motion CARRIED 6-0. Chairman Fazzone called a recess at 7:35 p.m. Chairman Fazzone resumed the meeting at 7:45 p.m. SP-9409 - Li'l Champ Food Stores - George A. Dikeman, authorized agent for Li'l Champ Food Stores requested site plan approval. Chairman Fazzone asked Mr. Karet for staff presentation. Mr. Karet said the site plan is for a structure as discussed in the above variance request (V A-0495). Mr. Karet stated all staff comments have been addressed and approval of the site plan is recommended. There being no discussion from the Board, Mr. Garthwaite moved to accept the site plan, seconded by Mr. Moncure. Motion CARRIED 6-0. SP-9410 - Sea Pines Memorial Gardens - Sid Corhern, authorized agent for Sea Pines Memorial Gardens, requested site plan approval. Chairman Fazzone asked Mr. Karet for staff comments. Mr. Karet said the site plan has been seen several times previously. He said a 50 year master plan had been approved in the past. Mr. Karet said an office building, as well as a mausoleum, have been constructed thus far. Mr. Karet said the present request is to construct a matching mausoleum with a chapel area next to the existing mausoleum. Mr. Karet concluded saying all staff comments have been addressed and approval is recommended. Sid Corhern. 218 Fla2ler Ave.. New Smvrna Beach - Mr. Corhern gave a brief presentation of the proposed proj ect. Ms. Lichter asked if there is presently a mausoleum on the site, and if services will be held at the new mausoleum. Mr. Corhern replied yes to both questions. Land Development and Regulatory Agency Regular Meeting January 25, 1995 Page -4- "-' ..." There being no additional discussion, Mr. Masso moved to grant the site plan in accordance with staffs recommendation, seconded by Mr. Garthwaite. Motion CARRIED 6-0. SP-9411- Leon's Service Station - William Yeazer, authorized agent for Leon's Service Station, requested site plan approval. Chairman Fazzone asked Mr. Karet to present staff comments. Mr. Karet said the applicant is proposing to construct a storage area of less than 600 square feet on the east side of the service station. Mr. Karet stated that all staff requirements have been met and approval is recommended. Mr. Masso moved to grant approval of the site plan, seconded by Ms. Lichter. Motion CARRIED 6-0. Election of Officers A. Nominations for Chairman Mr. Masso nominated Mr. Fazzone. There being no additional nominations, the Board unanimously elected Mr. Fazzone. Chairman Fazzone thanked everyone for electing him. B. Nominations for Vice-Chairman Mr. Fazzone nominated Mr. Masso. There being no additional nominations the Board unanimously elected Mr. Masso. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet reminded the Board, as of January 1, 1995, the Land Development Code has passed and the City is operating under them. Mr. Karet said he wanted to call to the Board's attention that some items normally handled by the LDRA will be handled by staff under the new Land Development Code. Mr. Karet said one item he would like the Board to be aware of, is a minor re-plat along the river. Mr. Karet invited the Board to review the application on file. Mr. Karet explained a minor and major subdivision to Ms. Lichter at her request. Land Development and Regulatory Agency Regular Meeting January 25, 1995 Page -5- .""" ."., Mr. Karet said Mayor Hayman asked the LDRA to assist in finding someone for the Growth Management Commission. B. Chairman's Report Chairman Fazzone thanked staff for the completeness in the preparation of the meeting packets and their guidance during meetings, of which Mr. Masso agreed. C. Agency Member Reports 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 8:10 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Recording Secretary Land Development and Regulatory Agency /SMP c:\ldra\minutes\12595 Land Development and Regulatory Agency Regular Meeting January 25,1 995 Page -6-