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05-31-1995 ..... ....., CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING Wednesday, May 31, 1995 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, May 31, 1995 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Moncure, 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 A. Storey, City Attorney, and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUTES: The minutes of March 29, 1995 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Moncure. The motion CARRIED 7-0. NEW BUSINESS: DA-9402 - Rio Casa Villas - James "Buddy" Davenport requested approval of a Development Agreement to provide for the construction of ten attached dwelling units, located on lots 4, 5, and 6 of River Edge Acres on the east side of Riverside Drive, south of Boston Road. Chairman Fazzone announced that this would be a public hearing then asked Mr. Karet to provide staff comments. Mr. Karet inquired whether there would be any problems with proceeding with the public hearing due to the absence of the applicant. Ms. Storey said as long as the applicant was properly notified there was no reason to postpone the meeting. Mr. Karet stated the applicant was notified of the meeting. A gentlemen from the audience said that Mr. Davenport notified him that he was running a few minutes late. The Board agreed that Mr. Karet's presentation could be heard. Mr. Karet informed the Board that the applicant was provided a copy of the staff report. Mr. Karet then reviewed the "Draft" Development Agreement. He explained that the agreement provides for the construction of ten multi-family dwelling units. Mr. Karet said the project may be constructed in two phases. He said the agreement provides for an amendment to the City's comprehensive plan to change the property's future use designation from "Low Density Residential" to "Medium Density Residential" and rezone the property R-IA, Single Family Residential to R-4, Multi-family Residential. "-' ,...., After reviewing the agreement, Mr. Karet gave the staff report. He said the applicant proposes to construct 10 Spanish/Mediterranean styled, single story attached dwelling units, with a value between $180,000 and $200,000. Mr. Karet discussed the surrounding Future Land Use Map (FLUM) designations, zoning classifications, and existing uses of the area surrounding the proposed development. Mr. Karet then reviewed the Future Land Use policies that support the proposed FLUM change. Mr. Karet presented the seven standards for review of a small scale zoning change established by the Land Development Code. He presented staff's response to each of the standards. Mr. Karet stated that based on the findings he discussed, staff concludes the applicant's request is reasonable. He said staff suggests the LDRA favorably recommend the development agreement to the City Council. The applicant. James "Buddv" Davenport of 106 Grandview Drive. New Smyrna Beach. introduced himself then reviewed the history in the development of the Windview Townhomes. Mr. Davenport stated he feels the growth in this area warrants the type of development he is proposing. He then showed colored renderings of the proposed development and responded to questions from the Board. Ms. Agrusa suggested the Board set a time limit for the public to speak. After discussion the Board agreed to let the public speak without a time limit. Chairman Fazzone then announced the meeting was opened to public hearing. Mr. Edwin VODelak. 2027 S. Riverside Drive - Mr. Vopelak strongly expressed his opposition to the proposed rezoning. He said he owns property 90 feet to the south of the subject property and said the proposed development would be detrimental to the area. Mr. V opelak said the proposal is inconsistent with the Comprehensive Plan and that the criteria had not been met. He stated the rezoning proposal will triple the density of the area. Mr. V opelak discussed in length, buffering, water problems, increased traffic, sewage, solid waste, as well as several other concerns. Mr. V opelak said the area south of Boston Road hasn't changed in 40 years and feels it should remain Single-family Residential. He also provided evidence to support his position. Mr. V opelak reviewed each of the seven standards identified in the code. Peter Hellsten. 1717-B S. Riverside Drive - Mr. Hellsten stated he opposed the proposed project. He said the large scale intent was to keep Riverside Drive Single-family Residential. Mr. Hellsten said the current proposal will downgrade the surrounding property. Mr. Hellsten said FEMA requirements will require the proposed development to be built very high, causing Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -2- ...... ....., drainage problems that will result in flooding. He expressed concern that the discharge water would be going into the river and discussed the water shortage that already exists. Ms. Gerri Small. 1829 Victory Palm Drive - Ms. Small said she enjoys the view while driving on Riverside Drive and would like to see single-family homes built so as to retain the view of the river. Mr. MurDhv. 2008 S. Riverside Drive - Mr. Murphy explained he built his home on Riverside Drive 23 years ago because of the view of the river and would like to see the area remain single-family residences. Laura Reillv. 2101 S. Riverside Drive - Ms. Reilly stated she was opposed to the development, and said the area won't benefit from this development. Chairman Fazzone then read a letter received from Mr. & Mrs. Joseph G. Wilson of 2020 S. Riverside Drive. Mr. Wilson's letter said he was also opposed to the development. There being no additional discussion Chairman Fazzone closed the public hearing. Chairman Fazzone stated he was concerned with the density change from Low Density Residential to Medium Density Residential. Discussion followed between Chairman Fazzone and Mr. Karet involving buffering and the specifics that the applicant will be bound to under the development agreement. Mr. Moncure asked Ms. Storey the manner in which the seven criteria is involved in helping the Board to make their determination. Ms. Storey stated that all criteria doesn't have to be met. The staffs recommendations to the seven criteria are only recommendations. Chairman Fazzone called for a recess at 8:30 p.m. Chairman Fazzone resumed the meeting at 8:40 p.m. As the meeting resumed Mr. Karet made additional comments concerning his statements regarding average property values as well as the effect on the character of the surrounding area and the impact on the infrastructure. Mr. Moncure requested permission to go through the seven criteria, one by one. Mr. Moncure's opinion was that criteria one through six were not directly related to the development agreement and that criteria seven "Whether the proposed amendment will have a significant negative effect on the character of the surrounding area", is the greatest concern. Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -3- '-" ......, Mr. Masso then moved to favorably recommend approval of the development agreement in accordance with staff's recommendation and to send the agreement to Council. Ms. Agrusa seconded the motion. Ms. Agrusa clarified there had been "hard" evidence on both sides. She felt, however, the rights of the property owner are to be considered. A TIE vote of 3-3 was taken, resulting in no decision. Mr. Karet stated to the applicant, that since one Board member was absent, he may wish another hearing with a full Board. Mr. Davenport responded that he would like to proceed directly to Council and thanked the Board. After brief discussion Mr. Moncure moved to make no recommendation to the Council. Discussion followed and Mr. Moncure withdrew his motion. At this time Ms. Storey announced the next public hearing for the development agreement would be June 19, 1995 at 7:00 p.m. in the Community Center. She said notices will be sent if there are any changes to the date. Chairman Fazzone recognized Mr. Hellsten wanted to address the Board. Mr. Hellsten, stated his disapproval of the proceedings by the Board, saying that rebuttles should be heard. Ms. Storey commented that she took exception on behalf of the Board to Mr. Hellsten's allegation that the hearing was conducted unfairly. Discussion followed. Mr. Davenport took the podium and stated he thought the meeting was well run, and inquired what the 3-3 vote meant. Ms. Storey replied it means no recommendation to the Council. 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. Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -4- ..... ....., ADJOURNMENT: There being no additional business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 9:30 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Land Development and Regulatory Agency /smp c:\ldra1995\minutes\53195 Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -5-