HomeMy WebLinkAbout1993-183' RESOLUTION NO. 93- 183
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A. RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
CONFIRMING THAT DEED RECORDED IN O.R. BOOK
857, PAGE 1202, PUBLIC RECORDS OF INDIAN RIVER
COUNTY WAS ACCEPTED AS A DEDICATION OF
RIGHT-OF-WAY FOR OSLO ROAD.
Zoning
Commission at their meeting of November 9, 1989 approved a site plan for a
miniature golf and commercial amusement facility to be located at 455 9th
Street, S.W. (Oslo Road); and
WHEREAS, the November 2, 1989 staff report on that site pian
approval request in paragraph 13 set out the need for additional Oslo Road
right-of-way which the applicant would dedicate for compensation through
traffic impact fee credit; and
WHEREAS, that staff report recommended a site plan condition for
the applicant to dedicate an amount of right-of-way for Oslo Road
commensurate with compensation received through traffic impact fee credit,
up to a total of 60 feet; and
WHEREAS, the deed for that right-of-way is recorded in O.R.
Book 857, Page 1202, Public Records of Indian River County does not recite
that the conveyance is for purpose of right-of-way; and
WHEREAS, the title insurer for the Safari Golf Course property
has requested confirmation that the property described in the aforesaid deed
was conveyed for right-of-way purposes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The deed recorded in O.R. Book 857, Page 1202, Public
Records of Indian River County, Florida was accepted by the County
pursuant to the Planning and Zoning Commission's recommendations for the
purpose of right-of-way as more fully set forth in their minutes of November
9, 1989 (copy attached).
2. The deed recorded in O.R. Book 857, Page 1202, Public
Records of Indian River County, Florida was accepted for right-of-way for
Oslo Road (9th Street, S.W.) in consideration of traffic impact fee credits in
the amount of $8,598.75.
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RESOLUTION NO. 93- 183
.0
ATTEST:
M
VE
By By.
Willian
FORM AND
:Y:
Deputy County Attorney
Jo" W. Tippin'
V-i'ce Chairman
ATTACHMENTS:
1. Deed recorded in 0. R. Book 857, Page 1202
2. Planning and Zoning Commission minutes
of November 9, 1989
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1 subsequently be reviewed by all. appropriate rederal and
*11cies"which must i.nsue lotter,s of exemptJon or permits
s project prior to commencement of construction.
NDATION:
based upon tion analysis por.farmed, staff: recommcnuln that Russell.
'.Snyder's request for an administrative permi.t to construct a clock
'on a vacant single-family lot be gr.:+nted with the fallowing
{ condition:
1. That the replicant obtain n' mnngrove permll: or n signed
letter stating that the mangroves on tl:e property will not be
r altered.
ON MOTION by Leland Gibbs, SC•.CONurn by Daniel
Richey, the Board unanimousJ.y (f>-0) approved
staff's recommendations on Item 2-A of the
Consent Agenda, as presented.
ITEM 13 - Bruce Kofke, Owner.. Mnstellcr and Motor., Agent. To
receive site plan approval for a miniature golf and
commercial amusemn_nt facility to be .located at 455 9th
St. S.W. (Oslo Road). Zoning Cinssifi.cation: CG,
General Commercial District. I.,alldUse Designation:
Oslo Road/U.S. 1 Commercial Node.
Mr. McCoy commented from Isis mcmornmlum dnL•ed November. 2,
1989, as follows:
This is to certify that this is n
true and correct copy of the originnl
on file in the Bonr.d of. County
Commission office.
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r INDIAN RIVER COUNTY, FLORIDA
MF,MORANDIIM
T0: Thr: 11onornble Members of. Thr, P1, 1119 and Zossi.ng
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cc) mmi:;s irns
DIVISION 11EAD CONCUR1t14NCEt
t obert . pme
Community Develon Virector
THROUGH- Stan Boling, AMP
Chief., Current De elopment
FROM John W.-
Staff Planner, Current Development
DATEs November. 7., 1909
SUBJECTS BRUCE KOFKE'S REQUEST FOR SITE PLAN APPROVAL FOR A
MINIATURE GOLF COURSE AND AMUSEMENT COMPEX
L
It Is regnpsted that the data her.eln presented be given formal
consideration by the Pldnning and Zoning Commission at its regular
meeting of November 9, 1909.
DESCRIPTION AND CONDITIONS:
Masteller and Moler has submitted nn application for site plan
approval on behalf of Druce Kof.ke for a miniature golf course and
a 3,200 square foot site accessory commercial amn+sement building.
The proposed project is located at 455 9th Street S.W. and is a
permitted use in the CG zoning district.
A complete site plan application was received by the county at a
time when miniature golf courses were treated ns: permitted uses.
Thus, this application is being reviewed and considered as
permitted uses. Since the application has been In process, the
zoning code was changed to require special exception approval for
such uses in the CG district. Although this project is not
required to adhere to the new
special exception criteria, staff
has used the new criteria as a guideline in reviewing various
aspects of this project.
ANALYSIS:
1. Size of Development Area: 3 acres or. 130,361 square feet
3.
Land Use Designations Oslo Road/U.S. 1.1 Commercial Node
r
4.
Building Areas 3,200 square feet
5:
Total impervious Area: 66,404 square feet
6.
Open Space Required: 20R
E
Provided: 40.7%
7.
Traffic • Cirrul, -on: The applicant 1.9 proposing a 229
driveway to access 90 Street"S.W. (oslo Road). The appli-
cant has agreed to grant a 221 wide marginal recess easement
Ito
facilitate interconnection of the adjacent properties
within the commercial_ node, pursuant to Country rehu rement".
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8`. Off -Street Parking Required: 83 spaces
Provided: 77 spaces
As allowed 'by County code, the applicant is receiving credit
for.6 parking spaces in exchnnge for preserving six existing
trees within Lite proposed parkingarea. (The code provides
for. a reduction of up to 10% of the requ•ir.s-d parking spaces
in order to s.nve trees.] The preserved Lrees must be. re-
pinced with parking spaces if Lite trees dio, according to
County code.
9. Stormwater Manngement: The Stormwnter. Mnnngement Plan has
been approved by the Public Works Department, and a Type "A"
stormwater permit has been issued.
10. Landscape Plan: The Landscape plan in in conformance with
Ordinance 104-47. This includes a 30' Type "A" buffer along
the southern property line to buffer the operation from the
Oak Ridge subdivision to Lite south.
There is approximately 95' of designated green area between
the miniature golf course and the south property line. The
only improvements proposed in this area are the retention
pond and dr.ainfield. Other than these two improvements the
applicant has stated this area will be left in its existing
natural state.
.11. Utilities. 7A:e proihct will receive County water and utilize
an on site sewage disposal system. These
utility provisions
have been approved by the respective departments.
17., i.-i.ghting and Noise: The applicant has provided a letter from
the construction lighting company which stal.en that the
lights will -be screened/shielded from the residential uses to
the south and Oslo Road to the north.
The applicant has indicated the use of low output (volume)
speakers which will be mounted .in such a way as to direct
noise away from the residential area to the south.
13. Dedications and Improvements: Oslo Road Is a major arterial
which requires a minimum of 1201 of right-of-way. Presently
there is 60' of right-of-way existing at this location.
Since this segment of Oslo Road is on the Capital Improvemet,
Program, Elie applicant will. dedicate an amount of
right-of-way commensurate with Lite compensation received
through Tr.iffic Impact Fee credit. Tito project is designed
to set -back appropriately from the ultimate right -of. -way
area.
14. Surrounding Land Ube and Zoning -
North* Oslo Road,Vacant/ItS-6
South: Oak, Ridge Subdivision/RS-6
East. Father and Son Applinnces/m
West: Vacant/CG
-15. Special Criteria Cuidelines: The proposed project would
satisfy the'existing special exception cr..iterie which relate
to signage, separation distances and buffers, no.i.se, and
lighting. The applicant has also agreed with staff that any
structural images (i.e. animal replicas, etc..) will be
visually screened from Oslo Road prior to issuance of a
certificate of occupancy.
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` It6coMFlENnnTON:
Dried"on the anal'ysis performed, staff recommends approval. of the
site'plan,'.with
the following conditions:
f 1': That
prior to site plan release:
It
5 1. •
A marginal access easement, as depicted oil the approved
plan, be granted; and
2.
the applicant shall dedicnte talo amount of right-of-way
for Oslo (toad commensstsrnte with compenspti.on received
thrologh Traffic impnct Fee credit, up to a total of 60•.
Mr..
Brenner inquired about a retention nren.
Mr.
McCoy responded that there was an existing retention
area.
Mr.
Brenner coul.d not .Locate ploy landscaped islands or trees
within the
parking lot.
Mr.
McCoy jsoted that the trees are in the area to the north
and are
shown un the landscape pian.
- Mr.
Brenner ref:er.r.ed to the ordinnnce concerning
trees being snved and stated there nlvpenrn to be enough ..land to
put in parking spaces and save the trees.
Mr.
Keating commented that the vrdinpnce w, -in written to make
sure that trees were being saved. There in a condition noted on
the site plan that if those trees were ever removed for any
reason,
they must be replaced with a parking space.
Mr.
Gibbs asked if sidewalks were required.
` Mr.
McCoy responded af•f•irmal: .1y.
Stan
Mayf..iel.d, of Mnstel.ler. 6 Motel, nsnoci.ntes, Inc. ,
displayed
and reviewed a graphic of the site.
Mr.
Brenner noted the ordinpnre stnteq that the landscaped
islands
within the parking aren shon).d he denignnd in order to
break up
the expanse of pavement.
Mr.
McCoy explained that in this particular perking lot
design,
there were no trees to preserve.
IMr.
Brenner commented the ordinance stated that trees were
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to be put..in'where they do not exist.
The Chairman agreed with Mr. nrenner..
Mr. McCoy thought it would be within this Board's power to
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have ''the;,plan revised to incorporate them.
The Chairman stated that mont Larking lots in the County and
City have established these islands.
Mr,. Keating mentioned that stnf•f did want to preserve as
much of the huf.fer an possible to keep from losing more trees.
The way the ordinance is written regarding the expanse of a
parking lot, the intent was primarily for the large shopping
center parking lots.
Mr. McCoy referred to other codes that state one cannot go
more than 10 or 15 consecutive parking spaces without having a
landscaped island.
Lengthy dincunnion followed about the landscape plan that
was displayed.
Mr. Gibbs inquired abcntt the size of the trees on the
eastern border of the property.
Mr. Mayfield • advised that they were proposed to lie
small-scale canopy trees, a minimum of. 8 ft.
Mrs. Adams inquired if credit could he given if this hoard
asks for landscaped islands.
Mr. Brenner noted that It was supposed to' be G parking
spaces for fi trees and he sees only I or. 2 trees that are
actually being' saved by tile parkiny. Ile felt there should be a
way of working in some islands within the main expanse.
Mr. McCoy commented that was hesitant to recommend the
reduction of any more spaces becauno the parking for the
" minlature golf course could be a very intenaivo use. Once a
person gets down to the last parking spice and f.3.nds no place to
.park, he must back up or initiate a 3 -point- turn. lie felt the
design was constrained by tile configuration of 'the property.
Mr. Brenner. thought that it could be easily resolved by
having aturn-around space with no parking allowed in it.
4
Mr. Mayfield explained that the way the lot Is now designed
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there is a turn -around capability with a backing apron.
;Mr. Gibbs =inquired about supply trucks.
Mr..Brenner thought would come during the time of day
j
when there was not a tremendous amount of business.
Attorney Collins stinted that Live parking ordinance talks
about protected trees being trees over 0" or of a certain
species. lie asked if the 6trees that are being preserved meet
K
.those qualifications.
Mr.. McCoy responded affirmatively.Ile thought there were
three e" protected hickories.
Mr.. Keating commented that the applicant does have some
alternatives if. this Board wanted some landscaped_ islands
included. The buffer area that has been esLablished is not the
minimum required by the ordinance so there civil be an encroachment
without being against the ordinance. Also, it might be possible
to fit a space or two in the northeast part of the site off the
access drive. ,
Mr. Brenner said other alternatives are to reduce the size
of the building or Else size of the project.
Mr.. ntchey inquired If there were any hours of operation
limitations.
Mr. McCoy responded that he woul.d have to check to see if
the hours of operation are in the new conditional use. It would
be reflected If this application were to come in under the
current Code.. -
Mr. Richey felt LhaL If Lhey have a bunch of rowdy kids and
stay open until 10100 p.M., the low volume s;peakor.s will not do
-any,
good.
Attorney Collins interjected that now In Lite Code this would ,
be a special exception in which the hours of operation could be
{
ation was sul.nnitted before that Code was
limited. This applicin
effect and there was some question as to whether. It was a
use. Mr.. Keating determined it was not a permitted use
permitted
bat the court determined that It was and it has jreen processed at;
a permitted use. Since then the Code has been rev i.sIL•ed.because
t
a`; staff thinks there are characteristics that should make it be
treated";as a special exception because of buffering the
>w neighborhood with lights and noise. This application is being
f+ 4 F
processed without that ability. The applicants are limited by no
4 loose than their good will as to how courteous they will. be to
'$ their neighbors.
Mr. Gibbs inquired if there were police powers involved if
there is excess noise.
Attorney Collins noted that there in always the potential
'
fortheneighbors to site them for causing a nuisance.
Mr. Keating interjected that he is constantly asked about a
{ noise ordinance. The County has a lot of: problems at Skatetown
on 43rd Avenge. At present, the zoning regulations and the site
plan regulations require a buffer and a vegetative screen. By
having a separation distance ane] general zoning districts, it
4
should Preclude what has happennd at Skatntown from happening
again. Staff may include n noise ordinance in the new
regulations.
The Chairman read a letter from Mrs. Dorothy Tnrahochia,
whish is as fol lows t
"I was happy to read in yesterday's paper that you will
review the site plan for the proposed Safari Miniature Golf and
Amusement Center. I think that will be a much-needed wonderful
addition to our area. It is something everybody can do - little
children, teenagers, families and, in my case, grandmothers.
Please say yes."
MOTION was made by Fran Adams to approve
Bruce Kofke's request for site plan approval
for a miniature golf course and amusement
complex as recommended -13y staff and with the
inclusion of two landscaped islands on the
east side of the parking lot.
Discussion followed and it was determined that the Motion 1>a
i
amended to follow Lite ordinance regarding .landscaped islands, an
4
follows:
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with t•he condition Thal• it fo ..ow ie
f
existing ordinance relative to Interior
landscaped islands, its nddll.Ion to the
conditions as recommended in staff's report.
Mr. Richey inquired If: staff's Int•e-r.prctation meets the
ordinance requirements.
Mr. Keating responded that the ordinance provides a little
latitude to allow trees on the perimeter; staff has been applying
that•where there is a tight site or a linear parking area.
Lengthy debate ensued regarding the parking lot and the
landscaped strip.
Mr. Richey pointed out that the intent of what this Board is
trying to achi.Rve Is loft I:o staff's l.nterprotnti.on and it could
- materialize just as it Is right now, with no change.
Mr. Kof•ke, owner of the project, spoke about the trees that
he is trying to save and a.ino the parking. There are some
beautiful hickories at the front of the proporty and the pians
have been drawn many different ways to try to save the trees.' Ile
did not know how many more spaces will be required if islands
have to be installed but those hickory trees will have to go. Ile
advised that 150 trees will be placed inside the miniature golf
course, not counting what in in I:he parking lot. between the area
and the buffer to the back.. There are exi.nting trees in that
natural area and the homes In the nei.ghhorfivq snhdivi•si.on
probably wi.l.l not even see the ccnir.se once everything is
completed. tie asked the Board to consider this matter in the
interest of saving the trees.
? Mr. Kofke commented that he visited a dozen or more courses
„
and noise is definitely not a problem, even at. night. Regarding
h a bunch of rowdy kids, they would be busy playing their game=
noise is really not a problem with any of the comrses he has
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Mt7T7A11 was made.
by
Fran Adams, SECONDED by
'
.761111>13renner, that
tine Board approve Bruce
Kofke's •requestfor.
site plan approval for a
miniature golf
course
and amusement complex
• 11 tl
with t•he condition Thal• it fo ..ow ie
f
existing ordinance relative to Interior
landscaped islands, its nddll.Ion to the
conditions as recommended in staff's report.
Mr. Richey inquired If: staff's Int•e-r.prctation meets the
ordinance requirements.
Mr. Keating responded that the ordinance provides a little
latitude to allow trees on the perimeter; staff has been applying
that•where there is a tight site or a linear parking area.
Lengthy debate ensued regarding the parking lot and the
landscaped strip.
Mr. Richey pointed out that the intent of what this Board is
trying to achi.Rve Is loft I:o staff's l.nterprotnti.on and it could
- materialize just as it Is right now, with no change.
Mr. Kof•ke, owner of the project, spoke about the trees that
he is trying to save and a.ino the parking. There are some
beautiful hickories at the front of the proporty and the pians
have been drawn many different ways to try to save the trees.' Ile
did not know how many more spaces will be required if islands
have to be installed but those hickory trees will have to go. Ile
advised that 150 trees will be placed inside the miniature golf
course, not counting what in in I:he parking lot. between the area
and the buffer to the back.. There are exi.nting trees in that
natural area and the homes In the nei.ghhorfivq snhdivi•si.on
probably wi.l.l not even see the ccnir.se once everything is
completed. tie asked the Board to consider this matter in the
interest of saving the trees.
? Mr. Kofke commented that he visited a dozen or more courses
„
and noise is definitely not a problem, even at. night. Regarding
h a bunch of rowdy kids, they would be busy playing their game=
noise is really not a problem with any of the comrses he has
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Veen: The only problem he has seen In where managers that live
up nortit"have kids operatn the speakers and radios, which can be
h nuisance. Ile lives here and will operate the miniature golf
course andther.P wi).l be ground speakers with background music
similar to.the sounds in a rni.n forest. Ile reiterated that there
will not he a noise problems none of the neighbors will. ever hear
anything except maybe somebody shoul:ing when they gctt A hole in
gone. - Mr. Kofke wanted to. makethe miniature golf course
something that: the people in the community will really
appreciate. It is goinq to he A beaul:i.fn.l. park setting and not
jest a plane for games and kids. Mr. Kofke asked Elie Board to
consider these farts.
The chairman wished him great success with this project as
he felt' It. would be a real Asset to this community. on the other
hand, something might happen to Mr. Kofke that might cause him to
sell the course and this hoard ling to be concerned about what
might happen ip the future. The staff always reminds thin Hoard
of the danger 'of establishing a precedent and that is why he is
uneasy when excepL•ions are made.
The Chairman called for the question. T.t was
voted on and passed unanimously (6-0).
ITEM 14 - Planning & Development Matters
A. Mr. Keating announced that there will be no meeting on
November 16th and possibly L•here will he o6ly one meeting in
December.
B. Mr. 'Keating commented that the DeBartolo Mall project
conceptual plans of. the Polo Club. Other large projects will be
coming through 'in January, he added.
C. Mr.. Keating reported Chat
staff is revising Lhe ].And
development regulations, Lite zoning cocle, Elie subdivision
ordinance and other land development-r.elnted ordinances. Staff
such as analysis and research, and
is doing 'the background work,
probably will- handle this like Elie Comprehensive Plan. Staff
will be bringing this hoard a great deal of information for