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07-12-1990 ,-' u o o\\~ ~ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, JULY 12, 1990 6:30 P.M. COMMUNITY CENTER Chairman C. Peter Hellsten called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Thursday, July 12, 1990, in the Community Center. ROLL CALL: Members present Mr. Hellsten, Mr. Klein, and Fazzone were excused. Also and Zoning Director, Jose' Kinney, Secretary. were Mr. Bennington, Mr. Garthwaite, Mr. Hildenbrand. Mrs. Blazi and Mr. present were Mark P. Karet, Planning Alvarez, City Attorney, and Beverly CONTINUED BUSINESS: SP-9005 Restaurant U.S. 1 and Shanqri-La Drive: Daniel Johns, authorized agent for Winston Tomlinson (developer), requests site plan approval. Also present were Attorney Watts for Mr. Coleman (developer of Shangri-La Subdivision) and Attorney Peterson for the Shangri-La Homeowners Association. There was a long discussion as to who owns Shangri-La Drive at U.S. 1. City Attorney Alvarez stated the city did not own it, but he added that the public did have the right to use the road. W~~ Attorney W~t~on stated if the city had nevel- accepted Shangri-La Drive then it would have reverted back to Mr. Coleman. Attorney Peterson stated that the issue is who owns the street and who has the right to use it. He added that the original dedication on the plat was never accepted, the homeowners have maintained it, and if Mr. Coleman owns it he should be maintaining it. There was discussion about lighting in the parking lot of the proposed restaurant. Mr. Johns stated the lights will be free standing and will not interfere with adjacent properties. The members discussed the fence shown on the site plan. It was noted that the top two (2) rows of the fence were open. Mr. Johns stated that he understood that's what the city ordinance required. Mr. Karet informed him that the ordinance no longer had such a requirement so the fence can be opaque. There was discussion regarding the parking area. The members believed that the location of parking stalls 1 through 3 should be removed because they interfere with ingress and egress. There was discussion regarding the location of proposed islands and trees. There was discussion requirements. Mr. Karet the city's requirements. regarding the city's stormwater stated that the applicant has exceeded Attorney Peterson stated the Homeowners Association objects to the proposed restaurant using Shangri-La Drive for ingress and egress, and they believe that developing the property will cause additional stormwater runoff which will add to the current flooding problems at the rear of the subdivision. Mr. Karet and Mr. Hellsten agreed that the proposed project should not aggravate the flooding problem. Mr. Tomlinson stated the proposed flow of traffic gives the residents of Shangri-La priority over the patrons of the restaurant. 1 Q o There was further discussion regarding the ownership of Shangri- La Drive. Attorney Watson believed the Agency should assume Mr. Coleman owns the right-of-way and grant approval of the site plan. The Agency members did not believe they could approve the site plan if ownership of the access to the restaurant is still in question. Mr. Garthwaite moved to grant preliminary approval with final approval pending 1) Rearrangement of islands in the parking area to minimize the number of trees to be removed from the site; 2) the type of lighting for the exterior is to be documented; 3) parking stalls 1 through 3 are to be removed; 4) the fence is to be solid for aesthetic value of abutting property owners; and 5) certification from a title company showing ownership of Shangri- La Drive and a grant of easement of Shangri-La Drive by Mr. Coleman. The motion was seconded by Mr. Bennington. Motion Failed 3-2. Frank Rowe. President of Homeowners Association: believes that if Mr. Coleman owns Shangri-La Drive that he has abandoned it, because the Homeowners Association has been maintaining it. Mr. Klein moved to table this item until items 1 through 5, as stated above, were provided, seconded by Mr. Hildenbrand. Motion Carried 5-0. NEW BUSINESS: Boat Dock/Ramp Edqewater Landinq: Marty Berge of Edgewater Landing stated they were seeking approval of a boat launch area on the southeast corner of the property. Mr. Berge stated the location was chosen because practically no wetlands would be disturbed, and the location was acceptable to the Department of Environmental Regulation. Mr. Berge stated there will be a parking area, trailer storage, and a turn-around area provided, and he added there will be no wet storage. Mr. Bennington moved to approve, seconded by Mr. Garthwaite. Motion Carl-ied 5-0. DISCUSSION ITEMS: Planninq and Zoninq Director's Reports: Mr. Karet stated that the amendment to ordinance 88-0-11 should be on the next Council agenda. Mr. Hellsten suggested the department keep a running list of items pending which would include site plans. Aqency Member Reports: There was discussion regarding the land development regulations from LaRue Planning and Management Services. The members stated that they want to see all the drafts that come from the consultants regarding the land development regulations, and they want to become more involved in this process. Mr. Karet stated he would like to clean up the drafts before the members get them because there may be suggestions that are not feasible for the city, and he does not want to see the Agency waste their time with things that are not pertinent. He added that he would meet with the members at their convenience. Mr. Bennington moved to have everything that comes from Services, seconded by Mr. Klein. the Agency receive LaRue Planning and Motion Carried 5-0. a copy of Management Land Development and Regulatory Agency Regular Meeting Thursday, July 12, 1990 2 , o Q There being no further business to come before the Agency, Mr. Garthwaite moved to adjourn, seconded by Mr. Klein. The meeting adjourned at approximately 8:00 p.m.. Land Development and Regulatory Agency Regular Meeting Thursday, July 12, 1990 Minutes Respectfully Submitted By: Beverly Kinney, Secretary 3