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02-26-1997 ~ ...., CITI OF EDGEWATER Land Development and Regulatory Agency Regular Meeting Wednesday, February 26, 1997 6:30 p.m. Chairman Masso called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., February 26, 1997 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Ms. Lichter, Mr. Moncure, Ms. Agrusa, Mr. Hildenbrand and Chairman Masso. Mr. Fazzone and Mr. Garthwaite were recorded as absent. Also in attendance were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUTES A motion was made by Mr. Moncure to approve the minutes of January 29, 1997 and seconded by Ms. Lichter. Motion CARRIED 5-0. OLD BUSINESS Public Hearine - CU-9604 - Luis C. Geil. authorized agent for Vicl~ie E. Hall. 1950 West Parl~ Avenue Chairman Masso re-opened the public hearing saying this item is continued from the January 29, 1997 meeting. Chairman Masso asked Mr. Karet to give a brief summary of the previous meeting. Mr. Karet stated staff had recommended approval of the conditional use with the stipulation of prohibiting operations between 10:00 pm to 6:00 am. Mr. Karet then explained the new proposal for relocating the gas pumps as requested by the Board. He said the concerns of the surrounding property owners involving the Wildwood Subdivision median are also addressed on the revised site plan. Mr. Karet said staff had investigated the history of the property as requested, and could find no application for gas pumps. Chairman Masso described the EURO Tank system that will be used and said it was a state of the art system for containing gas. Chairman Masso asked the Board if anyone had visited the site. Ms. Lichter and Mr. Moncure Land Development and Regulatory Agency Regular Meeting February 26, 1997 1 ~ ....., stated they had visited the site. Ms. Lichter said she had also spoken with Mr. Karet and felt the new plan is superior to the previous submittal. There was further discussion regarding stipulations on operations, as well as the egress and ingress of the fuel trucks. Chairman Masso asked the applicant if he had additional comments. Mr. Gail, authorized agent for the request, replied he would be glad to answer any questions from the Board or public. There being no questions from the Board, Chairman Masso asked the public for their comments. Dolores Fox. 513 Wildwood Drive, stated her concerns regarding one entrance and exit into the subdivision. Ms. Fox then presented a petition, opposing the operation of gasoline pumps at the entrance of wildwood Subdivision. The secretary of the Board passed the petition to the Board members and retained it for the files. Other people from the public expressed concerns with the gasoline trucks getting in and out of the lot and the safety of the children and the removal of the tanks if the business fails. Mr. Moncure explained to the public that three entrances are shown on the site plan rather than the two assumed by the public. Karen Hall. 519 Wildwood Drive, also expressed her concern of the safety factor, but if the City has responded favorably to this, she has no problem with the installation of gas tanks. Ms. Hall said the vacant building on the subject property is a hazard to the area. She thought possibly, the addition of gas pumps to the convenience store may help in maintaining the longevity of the business. Chairman Masso closed the public hearing at 6:55 p.m. as there were no further comments. Chairman Masso requested a motion. Mr. Moncure moved to approve the conditional use, seconded by Ms. Lichter. Ms. Lichter stated why she would vote in favor of the request. She feels the building left vacant is a hazard. She said bringing business to Edgewater is one of the City's goals and the gasoline pumps may help the business, however she felt conditions should be put on the hours of operation. Chairman Masso questioned whether a condition to remove the pumps, if the business fails, is possible. City Attorney Store replied she is not comfortable with requesting the removing of the Land Development and Regulatory Agency Regular Meeting February 26, 1997 2 ~ ,."", pumps should the business fail. She stated another person may want to continue the operation of the convenience store with gas pumps. She concluded saying the owner of the property is liable for the maintenance and the integrity of the property. Ms. Storey said the current tanks have been greatly improved and the State has an effective monitoring system. Mr. Karet added that the new designs of gasoline tanks are triple walled, thus less dangerous. Chairman Masso asked for role call for the motion to accept the conditional use. The motion was approved and CARRIED 5-0 to approve. Mr. Karet told the applicant that the conditional use permit has been granted by the Board and the next step is to develop a site plan consistent with the approval. Chairman Masso called for a recess at 7:04 p.m. and resumed the meeting at 7:11 p.m. NEW BUSINESS Public Hearing - DA-9701 - Luis C. Geil. authorized agent for Tames C. & Rosemary Carder. property located at the southwest comer of South Ridgewood and Falcon Avenues. Chairman Masso conveyed that Mr. Geil is requesting a development agreement for the construction of 25 single-family dwellings on 50 foot wide lots on a 5.90+ acre parcel in the B- 3, Highway Service Business district. Chairman Masso then asked Mr. Karet for staffs' comments. Mr. Karet said the applicant's wish to enter into a development agreement with the City that will allow permission to construct zero lot line (2LL) single-family homes on lots smaller than the B- 3, Highway Service Business district allows. He said the applicants also wish to construct a road with a right-of-way width that is less than the required minimum. Mr. Karet gave the background of the subject property saying the B-3 district permits a variety of commercial uses and single- family homes as of right, duplexes and multi-family dwellings are permitted in the B-3 district as conditional uses, 2LL homes are permitted pursuant to Section 718 of the zoning ordinance. He said the conceptual plan indicates the applicants want to subdivide the property into 26 lots and create a cul-de-sac with a right-of-way width of 40 feet. The proposed 25 lots will have a minimum area of 5,000 square feet. Lot 26, fronts U.S. Hwy #1 and is intended for commercial use. Mr. Karet reviewed the proposed development agreement provided to the Board. He related the agreement will restrict development on the subject property to the uses shown on the conceptual plan. Land Development and Regulatory Agency Regular Meeting February 26, 1997 3 ~ ....., Mr. Karet discussed the chapter from an American Planning Association publication on affordable housing that the Board had been provided. He said the publication was provided to show that" selective modifications" to code requirements are commonly used in other jurisdictions to help reduce the high costs of housing. Mr. Karet also said a traffic study had been conducted. Mr. Karet concluded saying the Department of Community Development finds the applicant's request reasonable and said staff suggests the LD RA favorably recommend the development agreement to the City Council. Chairman Masso asked Mr. Karet to explain the importance of a development agreement. Mr. Karet explained the state allows the City to draw up a development agreement giving a developer more flexibility in developing property. This is a mechanism for the City to impose conditions or have more control in the developing of property. He also said any changes to the development agreement will have to go back before the LDRA then to Council for approval. Chairman Masso then asked for Board discussion. Ms. Lichter stated she felt the request would change more than six additional houses. She said without the additional homes, the right-of-way width could be wider and with six fewer houses, less traffic would be going in and out to U.S. Hwy. #1. Mr. Karet responded to the increase of traffic saying the impact per house is approximately 10 trips per day. Mr. Karet said another type of development could create far more impact. Chairman Masso asked Mr. Oeil if he had additional comments. Luis Geil. 2105 Saxon Drive, Mr. Oeil stated Mr. Karet had explained everything throughly, but is prepared to answer questions. Mr. Moncure asked Mr. Oed what effect the proposed changes would have on the price per lot. Mr. Oeil responded, approximately 12 to 15 percent per owner. Mr. Moncure also questioned the retention area being three feet above sea level. Mr. Oed said this is a wet retention area approved by St. Johns River Water Management District. He also said this would be separated by a six foot high block wall. Chairman Masso asked for comments from the public. Bill Bum. 1009 Ee:ret Court. Mr. Burns expressed his concerns with the additional traffic being hazardous. However, he said he is in favor of the development. Walt Knowles. 4 Harris Circle. Howard Lutes. 510 Seahawl~ Court and Paul DeRosa. Land Development and Regulatory Agency Regular Meeting February 26,1997 4 ...... ....,. 603 Seagull Court These gentleman felt additional traffic at Falcon Avenue and u.s. Hwy. #1 would increase the existing traffic problems. There being no additional comments Chairman Masso closed the public hearing at 7 :57 p.m. Ms. Lichter questioned the possibility of adding another entrance/exit to the development on U.S. Hwy. #1. Mr. Karet said a joint entrance between commercial and residential may be possible, however the amount of frontage on U.S. Hwy. #1 probably would not allow more than one entrance according to D.O.T. standards. After brief discussion, Chairman Masso asked for a motion. Ms. Lichter moved to recommend denial of the development agreement to the City Council, because of the impact on the surrounding houses, the traffic and the changing of the intent of the zoning, seconded by Ms. Agrusa. Motion CARRIED to 4-1. Chairman Masso voted no. Mr. Moncure moved to condition the approval of the project on a larger lot size than proposed, but smaller than normally required. Mr. Moncure expressed concern with the stormwater retention, he said he would like to see the stormwater split-up in different areas. He thought a development agreement would be appropriate, but would like to see a less demanding project. Chairman Masso seconded the motion. Discussion followed and the motion FAILED 3-2. Mr. Moncure and Ms. Lichter voted yes. Ms. Storey announced that this has been the first step in a two step process for a developers agreement, the next phase with be a public hearing at Council level at the April 7, 1997 at 7:00 p.m. Public Hearine' DA-9702 - Luis C. Geil. authorized agent for Tames C. & Rosemary Carder. property located at the northeast comer of South Ridgewood Avenue and South Riverside Drive Chairman Masso stated Mr. Geil is requesting a development agreement for a project consisting of 18 single-family dwellings on 50 foot wide lots on a 5.03+ acre parcel in the R-2, Single- family Residential district. Chairman Masso asked Mr. Karet to present staff's comments. Mr. Karet said this development agreement is similar in concept to the previous request. Mr. Karet said the applicant owns a 5.03+ acre parcel located at the northeast corner of U.S. Hwy. #1 and Riverside Drive, zoned B-3, Highway Service Business district. He said the applicant wishes to subdivide the property into 19 lots and create a cul-de-sac with a right-of-way width of 35 feet. These will be single- Land Development and Regulatory Agency Regular Meeting February 26, 1997 5 ...... ...., . family homes with a minimum lot area of 5,000 square feet. Mr. Karet explained that lot 19 fronts u.s. Hwy. #1 and is intended for commercial use. Mr. Karet then reviewed the proposed development agreement provided to the Board. Mr. Karet said the agreement incorporates three modifications to the City's code requirements which include smaller lots sizes and setbacks as well as a reduced right-of-way. Mr. Karet finished saying the Department of Community Development concludes that the applicant's request is reasonable and staff suggests the LDRA favorably recommend the development agreement to the City Council. Ms. Agrusa stated she wasn't comfortable with the lot sizes and the retention area. Ms. Lichter agreed with Ms. Agrusa and expressed dissatisfaction with the additional traffic that would be generated. Mr. Karet explained that the traffic volumes don't meet D.O.T. requirements for a traffic light. The Chairman then asked Mr. Geil if he had any comments. Luis Geil. 2105 Saxon Drive - Mr. Geil said if the developer does not do the residential project he will put in a commercial project and this may generate even more traffic. Chairman Masso than asked for comments from the public. Roeer Hammond. 2104 S. Riverside Drive - Expressed dissatisfaction with the traffic problem and questioned the setbacks in the B-3 district and fencing requirements. Mr. Karet responded to Mr. Hammond's questions. Other members of the public expressed displeasure with trying to "jam" 18 homes in such a small area. Chairman Masso closed the public hearing at 8:53 p.m. There being no further discussion Chairman Masso requested a motion. Mr. Hildenbrand moved to recommend approval of the development agreement to the Council, seconded by Ms. Lichter. Motion FAILED 3-2. Mr. Hildenbrand and Chairman Masso voted yes. Ms. Storey again announced the next step for the applicant before the City Council will be scheduled for April 7, 1997 at 7:00 p.m. DISCUSSION ITEMS A. Community Director's Report Land Development and Regulatory Agency Regular Meeting February 26, 1997 6 ..... ......, . also told the Board staff is preparing a draft document of the Evaluation Appraisal Report required by the Department of Community Affairs. He said the Board will be provided a draft at the next meeting for recommendation to the City Council. Ms. Storey reminded the Board that the City Council agenda for Monday evening contains three appeals that were previously before the LDRA. B. Chairman's Report Chairman Masso had nothing to report at this time. C. J\e'ency Members' Report The Board had nothing to report 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 9:05 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Land Development and Regulatory Agency :smp c: \LDRA \minutesI2J26/97 Land Development and Regulatory Agency Regular Meeting February 26,1997 7