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02-27-1990 i- o O~,~ U CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING 6:30 P.M. TUESDAY, FEBRUARY 27, 1990 EDGEWATER PUBLIC LIBRARY Chairman Nancy Blazi called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Tuesday, February 27, 1990, at the Edgewater Public Library. ROLL CALL: Members present were Mr. Bennington, Mrs. Blazi, Mr. Fazzone, Mr. Hellsten, Mrs. Martin, and Mr. Klein who arrived at 6:35 p.m. Mr. Garthwaite was excused. Also present were Mark P. Karet, Director of Planning and Zoning, and Beverly Kinney, Secretary. APPROVAL OF MINUTES: The minutes of January 2~, 1990, were presented for approval. Mr. Fazzone moved to approve, seconded by Mrs. Martin. Motion Carried 5-1. Mr. Hellsten voted no as he was not present at that meeting. The minutes of February 8, 1990, were presented for approval. Mr. Bennington moved to approve, seconded by Mr. Hellsten. Motion Carried 5-1. Mrs. Blazi voted no as she was not present at that meeting. CONTINUED ITEMS: Outdoor Displav and Storage: Mr. Karet went through the draft which had been previously presented to the Agency at the January 2~th meeting. There was some discussion as to the definition of a visibility triangle. Mr. Klein did not believe the recommended exemptions should be included. Mr. Fazzone believed the ordinance should not be so prohibitive. He added that the displays should be permitted during business hours and brought inside after business hours. Mr. Bennington believed that the exemptions should apply only when goods and merchandise incidental to primary use are stored or displayed outdoors. He added that if the codes already in the book were enforced there would not be any need to have ordinance 89-0-11 in the code book. Mr. Bennington stated that there are a lot of businesses that will not meet the requirements of Section 15-2 (Display or storage of goods restricted) which has been on the books since 1963, but has not been enforced. Mrs. Martin believed that items constructed and designed for outdoor use belong outdoors, and items constructed and designed for interior use belong inside. Mr. Hellsten stated he agreed with Mr. Bennington. Mrs. Blazi stated she was concerned about safety. She discussed the current traffic counts. Mr. Bennington suggested repealing ordinance 89- 0-11, consolidating the current codes to one Section of the code book, and enforcing them. Mr. Karet stated there would be a unified code when the new land use regulations were adopted. Mr. Klein moved to ask council to repeal ordinance 89-0-11, enforce the existing regulations, and see how much cooperation the city gets from the public. Motion Carried 6-0. It was agreed that the Agency would take action if there were any problems. Bv-Laws: Mrs. Blazi went through the proposed changes which were previously presented to the members at the January 2~th meeting. Article IV. Removal From Office: The majority of the members agreed that anyone appointed to a board should attend as many meetings as possible, and if they are chronically absent or excused the board should consider whether or not removal from the board is the answer. 1 o 0- Councilwoman Bennington stated she was disturbed at the number of meetings that had been cancelled due to the lack of a quorum.r She believed that perhaps the boards should have an alternate member appointed who would attend meetings, but not vote unless the person was needed for a quorum. The Agency discussed this and agreed it was a good idea, but did not want automatic appointment of the alternate as a regular member when a vacancy occurs. Mr. Bennington moved to recommend that council appoint an alternate member to participate in discussion and take action if needed for a quorum. Mr. Klein seconded. Motion Carried 6-0. Article VI. Rules and Procedures: All members agreed that in regards to any development action there should be at least four (4) concurring members, but in all other business a majority vote of members should prevail. Mr. Fazzone moved to recommend council amend wording to ordinance 88-0-8, Section 6, Rules of Procedure, to state A quorum shall be four (4) members. No recommendations for any development action may be made unless four (4) members concur. In all other business a majoritv vote of the members present will prevail. Mr. Hellsten seconded the motion. Motion Carried 6-0. Election of Chairman: The members were informed that the 3-1 vote in the election held on January 24th was invalid because a majority of the membership is required to elect a chairman. Mrs. Blazi passed the gavel to Mr. Bennington. Mr. Klein nominated Mr. Hellsten, seconded Martin nominated Mrs. Blazi, seconded Blazi declined the nomination. Mr. chairman with a vote of 6-0. by Mrs. Blazi. Mrs. by Mr. Hellsten. Mrs. Hellsten was elected The gavel was passed to Mr. Hellsten. DISCUSSION ITEMS: Planning and Zoning Director Reports: Mr. Karet stated that the Department of Community Affairs (D.C.A.) had completed its review of the city's comprehensive plan, and he would be attending a meeting with the City Manager in Orlando to discuss the comments. Mr. Karet added that some of the comments made are out of line, but others are valid. Mrs. Blazi thanked the Board, and that she appreciated their support. Mr. Fazzone stated the Board thanked Mrs. Blazi for her work. There was discussion regarding the status of the miniwarehouses located behind the Old Tyme General Store and the six inch (6") curbing that should have been located along the entire frontage of the Old Tyme General Store. There was discussion regarding possible non-buildable lots that are up for sale along Riverside Drive. There was discussion on the status of the Huntley-Jiffy store drainage problem located on S.R. 442. Mr. Karet informed the members that Huntley-Jiffy had been taken before the Citizen Code Land Development and Regulatory Agency Regular Meeting Tuesday, February 27, 1990 2 o -~ o Enforcement Board and were currently being fined $250.00 per day for operating gas pumps without an occupational license. The Agency members discussed possibly revoking the special exception that was granted to allow the gas pumps. After further debate Mr. Bennington moved to have Mr. Karet prepare to act on getting Huntley-Jiffy Stores before the Agency to pull their special exception at the next meeting. The motion was seconded by Mr. Klein. Motion Carried 6-0. There was some discussion as to when Turgot Avenue (west side of u.s. 1) would be paved. Councilwoman Bennington stated at the moment the council was looking into stormwater retention. There was discussion about the need for help in the Code Enforcement Department. Mr. Karet stated that staff was preparing a draft ordinance which would give the Code Enforcement Officer citation authority in which fines could be levied and paid direct to the county court. Mr. Karet also stated he would be asking for Code Enforcement help at budget time. There being no further business to come before the Agency, Mrs. Martin moved to adjourn, seconded by Mrs. Blazi. The meeting adjourned at approximately 8:10 p.m.. Land Development and Regulatory Agency Regular Meeting Tuesday, February 27, 1990 Minutes respectfully submitted by: Beverly Kinney, Secretary 3