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02-22-1995 ..... ....." CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING Wednesday, February 22, 1995 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, February 22, 1995 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Moncure, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand 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. APPROVAL OF MINUTES: The minutes of January 25, 1995 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Garthwaite. The motion CARRIED 6-0. Mr. Hildenbrand abstained as he was absent from the January meeting. NEW BUSINESS: CU-9501 . Martin Pavinl!. Inc. . Melody McGlone, authorized agent, requested a Conditional Use Permit to erect a temporary portable asphalt plant for the production of hot mix asphalt, located on the south side of S.R. 442, east of 1-95. Chairman Fazzone explained to the Board, a Conditional Use formerly was called a Special Exception then, asked Mr. Karet to give staff's report. Mr. Karet stated the request is for a Conditional Use Permit to erect a temporary asphalt plant on a 5j:, acre site located east of U.S. Interstate 95. The property is owned by McCaskill enterprises Incorporated. Mr. Karet explained the proposed asphalt plant would be used in resurfacing the segment of roadway from State Road 44 to the Brevard County line, and is estimated to be in operation for approximately 90 to 120 days. Mr. Karet said the property maintains the Volusia County designations, and the County's Future Land Use Map shows the property as Low Impact Urban, zoned B-6, Highway Interchange Commercial. Mr. Karet then explained the administrative portion of the new Land Development Code that addresses the LDRA's authority to grant a Conditional Use. The standards for the review of a Conditional Use Permit were reviewed by Mr. Karet. Mr. Karet concluded, saying staff recommends the LDRA grant the permit with conditions. The suggested conditions were: 1-) Normal operation shall be limited to weekdays only during daylight hours. Requests for extended hours or weekend operations would be made no later than 24 hours in advance to the City Engineer and the Police Department; 2-) A silt fence would be erected around the perimeter of the asphalt plant; 3-) A 5,000 gallon water tanker properly fitted with hose thread compatible with the couplings used by the Department of Fire and Rescue would be kept on site at all times, and 4-) The temporary asphalt plant may not remain on site more than 120 days unless an extension is granted by the LDRA Chairman Fazzone announced and opened the public hearing. Ms. Lichter asked Mr. Karet if this project would be consistent with local codes and the comprehensive ~ """" plan? Mr. Karet replied, the Low Impact Urban is County future land use designation and the project is consistent with the land use. Chairman Fazzone asked Mr. Karet if the LDRA must approve the project because it is not entirely discretionary. Mr. Karet said this is not discretionary in the sense that the Board is free to deny the request; if the required criteria are met, in the judgement of the Board, the applicant is entitled to the conditional use. Chairman Fazzone asked the applicant to introduce herself. Ms. Melody McGlone. Martin Pavinl! Company. Ms. McGlone introduced herself and stated that Mr. Karet had addressed everything and will gladly answer any additional questions. Ms. Storey asked Ms. McGlone to verify that Article 2 . Conditional Uses General Provisions was part of the record. Ms. McGlone replied yes, she did supply this article as part of the records. Bertha Morin 410 Manl!o Tree Drive - Ms. Morin questioned whether the conditional use request had been publicized. Mr. Karet replied the agenda was publicized and the property owners within 500 feet of the subject property were contacted. Chairman Fazzone asked Mr. Karet if all staff comments had been addressed. Mr. Karet said yes. Chairman Fazzone also expressed his concerns with the property's proximity to the City's water plant. Mr. Karet stated the large fuel tanks were of major concern to the Fire and Utilities Departments. However, both departments were satisfied their comments have been met, and all reasonable precautions have been taken. Mr. Karet concluded saying the distance to the wells is outside the wellhead protection zones established by the City code. Mr. Moncure asked the applicant what type of fuel would be used. Ms. McGlone replied No.5 fuel is used to keep the asphalt hot. Mr. Moncure asked if heat from the fire could be felt from 500 feet and whether the plant caused fog. Ms. McGlone replied no to both of the Mr. Moncure's questions. Ms. Lichter asked if the applicant was aware of the four conditions mentioned in the staff report. Ms. McGlone said yes, she had received a copy of the report. Ms. Lichter also asked if there was any testing being done to the water supply. Mr. Karet replied that the City's monitoring wells would indicate any problems. Ms. Lichter also questioned the affect that noise may have on surrounding properties. Mr. Karet explained most of the surrounding property is commercial and if noise becomes a problem, code enforcement would address it. There being no additional discussion, Chairman Fazzone closed the public hearing. Mr. Masso moved to grant the permit in accordance with the consistency of local codes, the comprehensive plan, and the conditional uses with the four conditions as stated by staff. Mr. Moncure seconded the motion. The motion CARRIED 7-0. Land Development and Regulatory Agency Regular Meeting February 22, 1995 Page 2 .. ......, RZ-9501 - Jesusa H. Wheeler - Jesusa H. Wheeler owner of property located at 1229 Mango Tree Drive requested rezoning of her property from R-2B, Single-family Residential District to R-4, Multi. family District. Chairman Fazzone announced that this is a public hearing and asked Mr. Karet for staff's presentation. Mr. Karet said the request is to rezone a 4.2.:!:.. acre parcel. Mr. Karet stated the applicant operates an adult congregate living facility with six residents, which is a permitted use in the R-2B district. He said the applicant would like to expand the facility and add five additional clients, which exceeds the R- 2B district requirements. Mr. Karet said the request to rezone to the R.4 district would allow community residential homes with up to 14 residents. Mr. Karet stated the Florida Statutes requires all development actions to be consistent with the Edgewater Comprehensive Plan, of which the applicant's parcel is designated Low Density Residential. He said the applicant has requested the Future Land Use Map (FLUM) designation on her property be changed so to be consistent with the comprehensive plan. Mr. Karet said, in staff's opinion, the presence of the shell pit and the excavation business indicate the site would be a proper location for the requested designation. Mr. Karet also said that HRS has been contacted and the applicant's license is in good standing. Mr. Karet finalized saying the criteria relating to zoning had been met and staff suggests the LDRA make a favorable recommendation to the City Council on the requested amendments to the City's FLUM and official zoning map. Mr. Garthwaite asked Mr. Karet, is it correct, if this property is rezoned to R-4, it could then be made into apartments? Mr. Karet replied yes. Mr. Garthwaite asked if the applicant has room to expand, of which Mr. Karet replied, yes. Ms. Lichter asked if HRS makes the decision as to the actual number of clients allowed. Mr. Karet said the state has preempted the City to some extent to permit community residential homes. Chairman Fazzone stated he felt the area is conducive to this type of operation and made reference to the fact that the Department of Community Affairs required designated areas for family residential homes in the City's comprehensvie plan. Jesusa H. Wheeler. 1229 Man20 Tree Drive - introduced herself and stated she is available to answer questions. Bertha Morin. 410 Man20 Tree Drive - Ms. Morin expressed concern with rezoning to R-4 and asked Mr. Karet if this property, could in the future, be turned into apartments. Mr. Karet responded the property could be converted into apartments. Mr. Karet then explained the reason to rezone Land Development and Regulatory Agency Regular Meeting February 22, 1995 Page 3 ......" ....,., is to allow the applicant to increase her number of clients. Ms. Morin said, in her opinion, Ms. Wheeler is doing a wonderful job with the ACLF. Chairman Fazzone closed the public hearing as there was no additional discussion. Mr. Masso moved to favorably approve the amendment to the Future Land Use Map to the City Council in accordance with staff's presentation of the subject criteria, seconded by Mr. Garthwaite. Motion CARRIED 7-0. Mr. Garthwaite then moved to recommend to City Council to change the zoning from R-2B, single- family residential to R-4, multi-family residential district, seconded by Mr. Moncure. Motion CARRIED 7-0. Ms. Storey announced that a second public hearing will be held at Council level for the rezoning request. Chairman Fazzone call for a recess at 7:45 p.m., then resumed the meeting at1:55 p.m. OLD BUSINESS: Sp.9408 . Silver RidlZe . Luis C. Geil, authorized agent for James C. Carder, requested an amendment to an existing site plan for property located at the northwest corner of Silver Circle and U.S. Highway #1. Chairman Fazzone asked Mr. Karet for the presentation of staff comments. Mr. Karet said this is an amendment to an approved site plan of last year. Mr. Karet said the approval was for a "spec" commercial building with no specific use. However, the building has been reconstructed for a convenience store/gas station as the site plans show. Mr. Karet said all staff comments had been addressed and approval of the site plan is recommended. Chairman Fazzone asked the applicant if a sidewalk was planned for the bus shelter. Luis C. GeiL 2105 Saxon Drive. New Smyrna Beach - Mr. Geil said the sidewalk has not been indicated on the site plan because they are in the process of relocating the bus shelter to a more appropriate area Chairman Fazzone asked Mr. Geil the difference in the amended site plan. Mr. Geil said the difference is that the building has been "pushed" further to the west, and gas tanks and pumps have been added. Mr. Masso asked, if the bus shelter isn't moved, will the sidewalk be required on U.S. Highway #1? Mr. Karet said there is no code requirement for the sidewalk. Mr. Garthwaite mentioned a court order on the Caldwell property and asked if the subject property was a part of that, and when did the applicant purchase the property? Mr. Geil replied the property was purchased 5 or 6 years ago. Mr. Karet stated he will get the required documentation stating whether the Carder property was part of the property subject to court action. Land Development and Regulatory Agency Regular Meeting February 22, 1995 Page 4 .... ...", Mr. Masso requested that the side walk be continued around the front of the bus shelter if the school board doesn't approve moving the shelter. Mr. Hildenbrand questioned the grease trap shown on the site plan. Mr. Geil said this had been included in case food preparation is done on site. There being no further discussion, Mr. Garthwaite moved to approve the site plan amendment contingent upon the court order not affecting the property, seconded by Mr. Masso. Motion CARRIED 7-0. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet had nothing to report at this time. B. Chairman's Report Chairman Fazzone had nothing to report at this time. C. Agency Member{s) Report Mr. Moncure commended staff on the revision of the agenda. Mr. Moncure also mentioned the minor subdivision on Riverside Drive. He said he had reviewed the plans as suggested by Mr. Karet and expressed concern that no public notice is required. ADJOURNMENT: There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 8:15 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Recording Secretary Land Development and Regulatory Agency /SMP Land Development and Regulatory Agency Regular Meeting February 22, 1995 c: \ldra1995\minutes\22295 Page 5