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08-28-1996 ..... \ C ...", CITY OF EDGEWATER Land Development and Regulatory Agency Regular Meeting Wednesday, August 28, 1996 6:30 p.m. Chairman Masso called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., August 28,1996 in the Community Center, 102 N. Riverside Drive. ROLL CALL Members present were Mr. Fazzone, Ms. Lichter, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand and Chairman Masso. Also in attendance was Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney and Sondra M. Pengov, Board Coordinator. Board member, Mr. Moncure was recorded absent. APPROVAL OF MINUTES There were no minutes presented at this time. NEW BUSINESS PUBLIC HEARING CU-9603 - Golden Years Lifestyles Chairman Masso opened the public hearing and asked Mr. Karet for staffs' comments. Mr. Karct said the applicants are requesting a conditional use permit so as to construct an adult congregate living facility (ACLF) in the R-4, Multi-family Residential district. He said Section 603.01(c)(3) of the zoning ordinance permits institutional residential homes as special exceptions. Mr. Karet said Mr. McCallister, the owner of a 35+ acre parcel, is in the process of creating a 3.185+ acre site, the subject of this application. Mr. Karet said once this is created it will be conveyed to Mr. David Phillips, the contract purchaser. Mr. Karet stated a 60 bed ACLF is proposed. He said Mr. phillips also intends to purchase another parcel to provide access to the site from Falcon Avenue. Mr. Karet discussed the standards of Section 612 of the Land Development Code (LDC). Also discussed by Mr. Karet, was Section 610.02 of the LDC that authorizes the LDRA to grant a Land Development and Regulatory Agency Regular Meeting August 28, 1996 1 ,... """" conditional use permit to uses listed as special exceptions in the zoning ordinance. Mr. Karet stated based on staffs' findings, the Department of Community Development supports the applicant's request, under the condition that a permit be obtained from the Florida Game and Fresh Water Fish Commission for relocation of Gopher Tortoises. Ms. Lichter asked if abutting property owners were notified of the request. Mr. Karet replied the Boards' packet contains a copy of the notice sent to the newspaper and the property owners within 500 feet of the subject property. Ms. Lichter also asked if the Board could put a restriction on the hours of delivery to the facility, as the noise factor may be of concern. Mr. Karet said conditions to the conditional use could be included. Leonard G . Wood. authorized agent for Mr. McCallister: Mr. Wood explained there would be four trucks once or twice a week, making deliveries or pickups. Mr. Fazzone questioned the location of the proposed road. Mr. Karet made reference to the site plan that showed the connection to Falcon Avenue and explained this would provide direct access to the proposed site. He said from a security point of view, a sole access is superior to multiple access. Mr. Garthwaite asked the exact size of the proposed building. Robert Howard. 602 W. Indian River Boulevard. architect for the site: Mr. Howard said the square footage for the building will be 18, 464 square feet. Mr. Wood said he is prepared to answer any questions from the Board or the public. Mr. Fazzone asked for an explanation of the facility's location to surrounding developments. Mr. Wood said the closest property is 51 feet from the facility. Mr. lack Frost. 1002 Egret Court - Mr. Frost expressed a desire to limit deliveries to the site from the hours of 10:00 a.m. through 3:00 p.m. Mr. Henry Sherz. 1011 Egret Court - Mr. Sherz said the entrance to the site appears to be on a curve, creating a danger. Mr. Karet responded the road will be private and built according to City standards. There was additional discussion regarding the proposed road of which Mr. Karet said the road design has been approved by City staff and the project does not require a transportation Land Development and Regulatory Agency Regular Meeting August 28, 1996 2 ..... ...., impact study. Ms. Fran Burn. 1009 Egret Court - Ms. Burn pointed out the school bus stop is on Falcon Avenue and expressed concern for the safety of children. Other members of the public expressed their dissatisfaction with the road design of Falcon Avenue. Mr. Karet said if there are existing deficiencies with the road, the applicant cannot be held responsible for them. As there was no other discussion Chairman Masso closed the public hearing. Ms. Lichter inquired whether anything could be done with the Falcon Avenue - U.S. #1 problem. Mr. Karet responded that the City and/or D.O.T. can look at the area, however, tieing it to this application is not within the purview of the Board. He said the City Councilor possibly the City Manager would have to authorize any work required. After additional discussion regarding the entrance road and the possibility of future expansion and the need for creating additional roads a motion was made. Mr. Fazzone moved to grant approval of the conditional use, based on staffs' comments. Ms. Lichter amended the motion to include the hours of delivery be limited to 8:00 a.m. through 5:00 p.m., and the applicant must secure a permit from the Florida Game and Fresh Water Fish Commission for the relocation of the Gopher Tortoises. Mr. Garthwaite seconded the motion. The motion CARRIED 6-0. Ms. Lichter moved to have the City Council consider an investigation of Falcon Avenue and U.S. Hwy. #1, regarding the safety factors of the area, seconded by Mr. Fazzone. The motion CARRIED 6-0. OLD BUSINESS There was no old business at this time. DISCUSSION ITEMS A. Community Director's Report Mr. Karet had nothing to report. B. Chairman's Report Land Development and Regulatory Agency Regular Meeting August 28, 1996 3 ,...,. ...., Chairman Masso had nothing to report. C. Agency Member's Report Mr. Fazzone congratulated Mr. Karet on being the new father of a baby girl. ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 8:00 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Land Development and Regulatory Agency :smp c: Ildro 1m i I1 utes \82896 Land Development and Regulatory Agency Regular Meeting August 28, 1996 4