Loading...
10-25-1995 {",,, '--"" '-" ...., CITY OF EDGEW ATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING Wednesday, October 25, 1995 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, October 25, 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 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 September 19, 1995 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Garthwaite. The motion CARRIED 7-0. Chairman Fazzone asked the City Attorney to explain the quasi-judicial proceedings for the LDRA public hearings. Ms. Storey said since the public hearings relate to applications for small scale rezonings, she proposed procedures for the LDRA to follow when making their recommendation to the City Council. She then explained the procedures for the Board as well as the public and responded to questions. Chairman Fazzone opened the public hearing. OLD BUSINESS: DA-9502 - Donnie Williams, authorized agent for Elwood and Francis Sides requested the approval of a Development Agreement for property located on India Palm Drive and Roberts Road. Ms. Storey asked if any of the Board members had conducted site visits or had contact with property owners. Ms. Lichter and Mr. Garthwaite stated they visited the site, but had no communication with anyone. Mr. Moncure said he also visited the site and had spoken with Ms. Storey regarding the application. Chairman Fazzone made reference to a letter received from the O'Donnell family who asked to be recognized as opposing the request for a development agreement. '-" ...., Chairman Fazzone then asked Mr. Karet for his presentation. Mr. Karet gave the location of the site and said this item was the subject of three previous requests. Mr. Karet said the applicants' wish to enter into a development agreement with the City, giving them permission to construct a professional office building on a .77 acre site. Mr. Karet said this will involve a change to the future land use designation from "Medium Density Residential" to "Commercial" and be rezoned from R-4, Multi-Family District to B-2, Neighborhood Business District. Mr. Karet explained the background of the subject property. Mr. Karet explained the proposed Development Agreement. Mr. Karet concluded that the Department of Community Development finds the applicants' request reasonable based on staff findings. Mr. Karet said staff suggests that the LDRA favorably recommend the development agreement, comprehensive plan amendment and rezoning to the City Council. Chairman Fazzone asked the Board if they had any questions of Mr. Karet. Mr. Garthwaite indicated the applicants' can still make reasonable use of their property with the zoning left as R-4, Multi-family. He felt the proposed development agreement doesn't say anything new except that they want to build a professional building. He said the problem of traffic still exists, as well as the safety and welfare of the public, which hasn't been addressed. Mr. Karet agreed the applicants' can still make reasonable use of the R-4 portion of the property. Mr. Garthwaite recommended possibly cutting out a couple of the driveways and making a circular drive pattern. Mr. Garthwaite said he still feels there is a hazard with the road layout. Ms. Lichter asked if there could be a legal issue to locking the applicant into a professional building. Ms. Storey responded, if the agreement is limited to a professional building the agreement runs with the land. Ms. Lichter also expressed concern with traffic. Mr. Hildenbrand questioned the I5-foot alley owned by the City being "given" to the developer. Mr. Karet replied that Council can put a dollar figure on the property if they wish. He said from a staff perspective a I5-foot alley way doesn't serve a purpose. He said cities often vacate land to adjoining property owners when the public has no use for it. Mr. Masso felt the meaning of a professional office building could not be stretched too far. He also said he has a problem with the traffic going onto India Palm Drive, and thought the parking lot outlets on India Palm Drive should be closed off and buffered. Mr. Masso said this would give it the characteristic of a residential area. Chairman Fazzone concurred with Mr. Masso and expressed concern with water retention and the impact on facilities. Mr. Karet replied there would be no adverse impact on facilities, but there will be an impact of traffic, although Roberts Road can handle increased traffic volumes. Mr. Karet did agree that the Land Development and Regulatory Agency Regular Meeting October 25, 1995 Page -2- '-' ...., issues of egress and ingress are site issues that can be handled with design. Mr. Garthwaite asked if the City requested a traffic study. Mr. Karet said this request does not fall within the requirements for a traffic study, however, it could be incorporated into the Development Agreement. Chairman Fazzone asked the applicant if he had any questions of staff. Mr. Williams asked Mr. Karet if the Board was perceiving this request as a site plan? Mr. Williams said if this request is approved a site plan will be submitted for approval. Mr. Karet responded, that most of the previously mentioned issues will be taken care of during the site plan review. Mr. Karet stated that the issue involving the driveway entrances needs to be addressed now and incorporated in the Development Agreement. Chairman Fazzone asked the public if anyone wished to question Mr. Karet. Doris Hill. Lincoln Road - Ms. Hill asked Mr. Karet if the zoning is changed and after five years the property is sold, will the new owners have to construct a professional building on the property? Ms. Storey responded for Mr. Karet, stating the agreement specifies that if the subject property is not developed in accordance with the agreement, the property will be developed pursuant to the requirements of the R-4 district. Chairman Fazzone asked the applicant if he would like to make a presentation. Donnie Williams, authorized a2ent for Mr. & Mrs. Sides - showed an artist's sketch of the proposed professional building. Mr. Williams explained the need for a professional building in the area. He also explained the site plan requirements will resolve some of the concerns mentioned by the Board. Mr. Garthwaite asked whether the conceptual plan is the same as the artist's sketch. Mr. Karet said the sketch and the conceptual plan are not the same. Mr. Moncure said he is concerned with the fact that the conceptual plan and sketch are not the same because the agreement states the development will be done in accordance with the conceptual plan, referenced as Exhibit A. He suggested the conceptual plan be more explicit. Mr. Masso asked that paragraph three of the Development Agreement further define the issues addressed. Mr. Karet said staff will work with the applicant and the Board to better define these concerns. Land Development and Regulatory Agency Regular Meeting October 25, 1995 Page -3- .... """" Chairman Fazzone asked the public if they had any questions for the applicant. Jack Johnson. 2932 India Palm Drive - asked how traffic would be lessened? Mr. Williams replied, the local residents would be using the professional building, not traveling to other locations. Mr. Johnson also questioned the drainage. Mr. Williams said retention ponds are shown on the conceptual plan. Chairman Fazzone asked Mr. Karet for his response to the presentations. Mr. Karet commented on the discussion concerning the increase of traffic. He said the infrastructure will support the traffic volumes that the proposed professional building would generate. Chairman Fazzone asked the applicant and the public if they had any comments. There were no remarks made at this time. Chairman Fazzone then offered the members of the public the opportunity to rebut comments made during the Director's or applicant's comment segment. Mrs. Johnson. India Palm Drive - expressed concern with the children as well as other pedestrians on Roberts Road. Chairman Fazzone closed the public hearing and asked if the Board had any questions. Ms. Lichter questioned Ms. Storey on the voting procedures. Ms. Storey responded the voting should be done in three parts, the Comprehensive Plan amendment, rezoning and the Development Agreement. Ms. Storey also responded to Mr. Garthwaite's question regarding conditions. Mr. Moncure and Chairman Fazzone asked Mrs. Johnson questions pertaining to where the pedestrians walk and where the greatest degree of traffic was. Mrs. Johnson stated that children walk to school on the north side of Roberts Road. Mr. Karet commented on Mrs. Johnson's statements saying the south side of Roberts Road is a pedestrian/bikepath where the majority of the foot traffic takes place. He said the amount of pedestrian traffic on the north side of the road is very small. Chairman Fazzone stated he would like the Development Agreement to reflect the sketch of the professional building to be the same as the conceptual plan and address the building height, Land Development and Regulatory Agency Regular Meeting October 25, 1995 Page -4- '-" ...., and the elimination of two exists. Mr. Hildenbrand said he would like to recommend the vacation of the 15-foot alley be swapped to Hibiscus Drive. After discussion, the consensus of the Board was to incorporate Mr. Hildenbrand's recommendation into the development agreement. After suggestions made by Ms. Storey, Mr. Moncure moved that the LDRA support the application to change from Medium Density Residential zoning to Commercial in the Comprehensive Plan. Mr. Masso seconded the motion. The Motion CARRIED 5-2. Ms. Lichter made a motion to change the zoning from the current R-4 zone to the B-2 zone, seconded by Mr. Moncure. After discussion, a vote was taken and the motion CARRIED 5-2. Considerable discussion was had by the Board regarding the amendments they wished to have incorporated into the development agreement. Ms. Lichter then made a motion to recommend approval to the City Council the Development Agreement with the following changes: 1-) Traffic Study to be done; 2-) For the return of the vacation of the 15-foot alleyway, the applicant will dedicate 15 feet on Hibiscus Drive; 3-) Provide a more detailed conceptual plan and a further definition of the term "professional office building"; 4-) Ifthe project is not built in accordance with the conceptual plan, the property will revert back to Medium Density Residential; and 5-) Reduction of driveways and height of the building. The motion was seconded by Mr. Masso. There being no further discussion a vote was taken and the motion CARRIED 5-2. Chairman Fazzone called for a recess at 8:25 p.m. Meeting resumed at 8:45 p.m. New Business: CPA-9503 - Coronado Paint Company - Joe D. Martin, PE, authorized agent, requested a Comprehensive Plan Amendment for property located on the north side of Snider Street, lots 10-12. Ms. Storey asked if any of the Board members visited the subject property. Mr. Moncure, Mr. Garthwaite and Ms. Lichter said they had visited the site, but had no communication with anyone. Ms. Storey then inquired if the Board would prefer to incorporate all three applications into one, as they are all interrelated? The consensus of the Board was to hear the three applications together. (Items to be heard: CPA-9503, CPA-9504 and CPA-9505.) Land Development and Regulatory Agency Regular Meeting October 25, 1995 Page -5- ~ ....., Chairman Fazzone opened the public hearing and asked Mr. Karet for staff's presentation. Mr. Karet identified the map that was passed out to each Board member that indicated all the properties owned by Coronado Paint Company. He also called attention to a memo provided by the City Engineer. Mr. Karet then gave a presentation prepared by staff on item CPA- 9503. He said the applicant wishes to change the Future Land Use Designation from "Low Density Residential" to Industrial, on a .59 acre site, as well as rezone the parcel from the R- 3, Single-family Residential district to the 1-1, Light Industrial District. Mr. Karet explained that the applicant intends to use this site in connection with the construction of an office building and parking improvements. He then described the areas surrounding the subject property. Mr. Karet said Florida Statutes requires all development actions within the City to conform with the comprehensive plan. Mr. Karet said the principles used to develop the Future Land Use Map should be used as a guide. Regarding zoning, Mr. Karet reviewed the standards for small scale rezonings contained in the Land Development Code. He concluded, saying the applicant's request is consistent with the comprehensive plan and has satisfied six of the seven standards for small scale rezonings. Mr. Karet said staff suggests that the LDRA favorably recommend the comprehensive plan amendment and rezoning to the City Council. Chairman Fazzone asked the Board if they had any questions for Mr. Karet. Ms. Agrusa expressed concern with what Coronado intends to do with the property. Mr. Karet replied Coronado Paint is an established company and it appears evident that an office building and parking improvements will be developed. Mr. Garthwaite stated he feels this request is premature and suggested a possible agreement. He also wants to know what definitely is going on the property. Ms. Lichter said she feels with the combination of the other lots owned by Coronado Paint, anything could be built. She also said she wants to know exactly what the intended development will be. Mr. Garthwaite asked how large the buffering will be. Mr. Karet replied that the current requirements are for a 25-foot buffer is established for abutting residential property. Chairman Fazzone suggested the possibility of a development agreement so as to satisfy the Board's various concerns. Mr. Karet said the Board may discuss a development agreement with the applicant. Chairman Fazzone asked the Board for their feelings regarding a development agreement. Ms. Lichter suggested going through with the hearing as it is. Other Board members agreed. Land Development and Regulatory Agency Regular Meeting October 25, 1995 Page -6- '-' ..."" Chairman Fazzone asked the applicant if he had any questions of Mr. Karet. Mr. Martin had no questions. Chairman Fazzone then gave the public the opportunity to question Mr. Karet. Other members of the public asked questions pertaining to buffering, environmental impact, stormwater, as well as concerns with the number of Board members that visited the site. These questions were responded to accordingly. Chairman Fazzone asked the applicant, Mr. Martin to make his presentation. Joe D. Martin, PE, authorized agent for Coronado Paint Company - Mr. Martin said if the property is to be left R-3, Single-family Residential and houses built, they would be required to be built higher than the surrounding area, thus increasing the flooding problem. He also stated the tree requirement is greater for industrial building opposed to residential, making the environmental impact less. Mr. Martin explained that a 2,400 square foot building is proposed, and can only be built if the property is rezoned. He said that it is planned to put employee parking on the comer of Old County Road and W. Ocean Avenue. Mr. Martin defined some of Coronado Paint's water retention problems and made reference to a letter he sent to the City Engineer, dated January 21, 1994 (passed out the letter for the record). Mr. Martin explained where the various properties were located and what is planned for them which included the retention areas and buffering. Chairman Fazzone asked members of the public if they had any questions for Mr. Martin. Numerous members of the public expressed their concerns regarding stormwater problems. Ms. Cummings. 502 S. Old County Road voiced her concerns with Coronado's impact on her day care center. Larry Westfall. 143 West Ocean Avenue (CPA-9505) - said he had spoken to his neighbors regarding his rezoning request. Mr. Westfall also described the drainage problems in his area that were of concern to him and his neighbors. He asked why the City doesn't put a catch basin in temporarily. Mr. Glen Eisner. 136 W. Palm Way - Mr. Eisner askeQ Mr. Martin if the west side of Old County Road was retention. Mr. Martin replied, yes. Mr. Eisner said the stormwater problems are not Coronado Paint's problem, rather a problem of the City's. There was considerable discussion regarding the drainage problems of the area. Land Development and Regulatory Agency Regular Meeting October 25, 1995 Page -7- .... ...., Ms. Lichter asked Mr. Martin if the applicant would be opposed to a development agreement. Mr. Martin said Coronado Paint probably would have no objections. Mr. Garthwaite stated he doesn't think any other actions should be taken until after the development agreement comes back before the Board. Chairman Fazzone closed the public hearing. Chairman Fazzone asked for the consensus of the Board. The Board then agreed to unanimously wait for the development agreement. Mr. Moncure moved to continue the public hearing CPA-9503 and CPA-9504 to the next LDRA meeting of November 29, 1995, seconded by Mr. Garthwaite. Motion CARRIED 7-0. Chairman Fazzone called for a recess at 11 :00 p.m. Meeting resumed at 11 :08. CPA-9505 - Larry W. Westfall - Joe D. Martin, PE, authorized agent requested a Comprehensive Plan Amendment for property located at 143 West Ocean Avenue. Chairman Fazzone said he would like to continue the item to the next meeting as the time is late and would like to give the item the proper hearing that is deserved, and asked Mr. Westfall for his consent. Mr. Westfall agreed. Ms. Storey said this will be continued to the November 29, 1995 meeting. Mr. Masso then moved to dispense with the rest of the agenda until the November meeting, seconded by Ms. Agrusa. Motion CARRIED 7-0. ADJOURNMENT: Thee being no additional business to corne before the Board a motion was made and approved to adjourn. The meeting adjourned at 11 :20 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Land Development and Regulatory Agency Land Development and Regulatory Agency Regular Meeting October 25, 1995 Page -8-