PonceInletFL - 01/09/2008 Local Planning Agency Minutes

4. PUBLIC HEARING, ORDINANCE 2007-15, PROVIDING FOR LARGE SCALE AMENDMENT TO THE COMPREHENSIVE PLAN. Ms. Cassady read this ordinance by title and confirmed that she had approved this for legality and form: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, PROVIDING FOR LARGE SCALE AMENDMENT TO THE COMPREHENSIVE PLAN OF THE TOWN OF PONCE INLET; AMENDING FUTURE LAND USE ELEMENT, HOUSING ELEMENT, RECREATION AND OPEN SPACE ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENTS ELEMENT; AMENDING TRAFFIC CIRCULATION ELEMENT AND RENAMING: “TRANSPORTATION ELEMENT;” AMENDING UTILITIES ELEMENT AND RENAMING: “SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT, POTABLE WATER, AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT;” AMENDING COASTAL MANAGEMENT/CONSERVATION ELEMENT AND RENAMING: “COASTAL ELEMENT” AND “CONSERVATION ELEMENT;” DELETING CHAPTER X, “MONITORING AND EVALUATION PROCEDURES;” DELETING CHAPTER I, “INTRODUCTION AND OVERVIEW,” AND REPLACING WITH NEW CHAPTER I, “ADMINISTRATION AND INTERPRETATION;” REDESIGNATING PROPERTY KNOWN AS TOWN HALL, APPROXIMATELY 4.7 ACRES LOCATED AT THE NORTHERN TOWN LIMITS BETWEEN ATLANTIC AVENUE AND PENINSULA DRIVE, FROM LOW-DENSITY RESIDENTIAL TO PUBLIC/INSTITUTIONAL; REDESIGNATING PROPERTY KNOWN AS WILBUR BAY WETLANDS, APPROXIMATELY 26.4 ACRES LOCATED WEST OF PENINSULA DRIVE AT THE NORTH TOWN LIMITS SOUTH TO THE CANAL NORTH OF OLD CARRIAGE ROAD, FROM LOW DENSITY RESIDENTIAL TO CONSERVATION; REDESIGNATING APPROXIMATELY 16.3 ACRES OF THE PROPERTY KNOWN AS PONCE PRESERVE, LOCATED IN THE 4400 BLOCK BETWEEN PENINSULA DRIVE AND THE ATLANTIC OCEAN, FROM VARIOUS RESIDENTIAL DESIGNATIONS TO PUBLIC/INSTITUTIONAL; REDESIGNATING SANDCASTLE NORTH AND SOUTH CONDOMINIUMS, APPROXIMATELY 2.48 ACRES, LOCATED AT 4435 AND 4445 ATLANTIC AVENUE FROM MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING EAST WIND NORTH AND SOUTH CONDOMINIUMS, APPROXIMATELY 2.78 ACRES LOCATED AT 4495 AND 4505 ATLANTIC AVENUE, FROM MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING PROPERTY KNOWN AS RACING’S NORTH TURN RESTAURANT, LOCATED AT 4511 SOUTH ATLANTIC AVENUE, FROM HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO GENERAL COMMERCIAL; REDESIGNATING APPROXIMATELY 8 ACRES KNOWN AS TIMUCUAN OAKS BOTANICAL GARDENS, LOCATED IN THE 4500 BLOCK OF PENINSULA DRIVE, FROM VARIOUS RESIDENTIAL DESIGNATIONS AND CONSERVATION TO PUBLIC/INSTITUTIONAL; REDESIGNATING BEACON POINT CONDOMINIUM, APPROXIMATELY 4.42 ACRES LOCATED AT 4590 ATLANTIC AVENUE, FROM MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING APPROXIMATELY .9 ACRES KNOWN AS WINTERHAVEN PARK, LOCATED IN THE 4500 BLOCK OF ATLANTIC AVENUE, FROM HIGH-DENSITY MULTI-FAMILY TO PUBLIC/INSTITUTIONAL; ELIMINATING THE HARBOUR VILLAGE PUD DESIGNATION AND REDESIGNATING THE AREA WITHIN THAT PUD, WITH THE EXCEPTION OF THE AREA COMMONLY KNOWN AS FISHERMAN’S HARBOUR VILLAGE, LOCATED EAST OF ATLANTIC AVENUE BETWEEN 4525 AND 4679 ATLANTIC, BETWEEN ATLANTIC AVENUE AND PENINSULA DRIVE IN THE 4600 BLOCK, AND WEST OF PENINSULA DRIVE FROM THE HARBOUR VILLAGE GOLF & YACHT CLUB SOUTH TO THE 4700 BLOCK OF PENINSULA DRIVE AND INCLUDING THE COLLEY SUBDIVISION, CONSISTING OF APPROXIMATELY 200 ACRES, TO LOW-DENSITY SINGLE FAMILY RESIDENTIAL, MEDIUM-HIGH DENSITY AND HIGH DENSITY MULTI-FAMILY RESIDENTIAL, GENERAL COMMERCIAL, PUBLIC/INSTITUTIONAL, AND CONSERVATION IN ACCORDANCE WITH THE LAND USES THAT EXIST WITHIN THE PUD BOUNDARIES; REDESIGNATING THE APPROXIMATELY 5.57 ACRE COMMERCIAL AREA IN THE HARBOUR VILLAGE PUD KNOWN AS FISHERMAN’S HARBOUR VILLAGE, FROM PUD, APPROXIMATELY 2.82 ACRES ON THE EASTERN PORTION TO GENERAL COMMERCIAL, AND APPROXIMATELY 2.75 ACRES ON THE WESTERN PORTION TO MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING TIDEWATER CONDOMINIUM, APPROXIMATELY 1.63 ACRES, LOCATED AT INLET HARBOR ROAD AND ATLANTIC AVENUE, FROM MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING FISHERMEN’S VILLAGE, APPROXIMATELY 1.32 ACRES, LOCATED AT 4790 ATLANTIC AVENUE, FROM MEDIUM-HIGH DENSITY MULTI- FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING OAKRIDGE VILLAGE, APPROXIMATELY .41 ACRES, LOCATED AT 4786 ATLANTIC AVENUE, FROM MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING LIGHTHOUSE VILLAGE, APPROXIMATELY 2.2 ACRES LOCATED IN THE 4700 BLOCK OF ATLANTIC AVENUE, FROM MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; REDESIGNATING PONCE INLET CLUB SOUTH, APPROXIMATELY 1.71 ACRES LOCATED AT 4799 ATLANTIC AVENUE, FROM MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL; PROVIDING FOR CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Epps suggested they discuss the FLUM first because most of the audience was present for that particular element. Ms. Konchan referred to page four of her memo (attached) and noted that since the time that memo was prepared staff has determined that two of the properties listed should be removed; these are the Ponce Harbour Condominium and the Racing’s North Turn parking lot. Ms. Konchan explained that the remaining properties were being proposed for rezoning in order to bring them into compliance with their present use. These are legal structures regardless but their zoning does not match. Councilmember Goudie confirmed that if the zoning remained unchanged and the structures presently on them were damaged beyond the sixty-five percent threshold they could not be rebuilt, as they would be required to comply with the present zoning designation. He also confirmed that if the zoning is changed as proposed, these structures could be rebuilt to the maximum allowed by that new designation. Ms. Konchan stated that the thirty-five foot height limit requirement of the Town’s charter would be a compelling restriction and they may not even be able to obtain their present density even with the newly proposed designation. Mr. Joulani added that the Town’s sixty-five percent damage threshold is very lenient, as FEMA only allows fifty percent. He also clarified that when speaking of these threshold percentages, they are referring to the structure’s assessed value. Mayor Epps opened for public comment. Clyde Bridewell, Sandcastle North, confirmed there was not a difference in the millage rate for tax purposes with this proposed change, this change would not require them to put in fire sprinkler systems, and their insurance rates would not increase as a result of it. Andy Howe, South Atlantic Avenue, inquired as to how this might affect a development review process currently in progress. Allen Paul, 4651 South Atlantic Avenue, inquired if the thirty-five foot height restriction would be examined again. Bill Millano, Lighthouse Village, expressed concern about the new densities being used to their maximum and indicated he would prefer to remain medium-high density. Yvonne Misleh, 38 Loggerhead, Manager of Eastwinds Condominium, stated that the insurance company required all commercial properties to be reassessed last year. Margaret Ann McCormick, 4670 Links Village Drive, asked if the Harbor Village Development Agreement has expired and inquired as to what area is commercial. Mr. Joulani stated that the PUD as a zoning designation stays, PUD as a future land use goes away, and PUD as an agreement has expired. He also stated that Fisherman’s Harbor Village is the only commercial area and that if there is a restaurant that serves only Harbor Village, that is an accessory use and is not open to the public. Wanda Hathaway, Lighthouse Village, expressed concern about this change opening the door to redevelopment of their property if density is increased. Stewart Mill, 4329 South Peninsula Drive, confirmed that this does not represent a change to vacant land and clarified that the Town’s thirty-five foot height limitation is defensible in court – definitely proven so. Bill Fowlkes, Lighthouse Village, confirmed the course of action given present and proposed zoning if a hurricane wipes everything out. James Burkeholder, Sandcastle Condominium, inquired if the Town presently has any properties which are zoned high density (yes and many but not all of them are developed). Mayor Epps closed public comment. Based on tonight’s discussion, Ms. Konchan will look again at the language in the Coastal High Hazard element and compare it to the Future Land Use element to ensure no contradictions exist.