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01-24-1990 ~ , Q o o~~ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING WEDNESDAY, JANUARY 24, 1990 6:30 P.M. EDGEWATER PUBLIC LIBRARY Chairman Nancy Blazi called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, January 24, 1990, in the Edgewater Public Library. ROLL CALL: Members present were Mr. Bennington, Mrs. Blazi, Mr. Fazzone, Mr. Klein and Mrs. Martin. Mr. Garthwaite was absent and Mr. Hellsten was excused. Also present were Mark P. Karet, Director of Planning and Zoning and Beverly Kinney, Secretary. APPROVAL OF MINUTES: The minutes of January 11, 1990, were presented for approval. Mr. Bennington moved to approve, seconded by Mrs. Martin. Motion Carried 5-0. CONTINUED ITEMS: Outdoor Display and Storaqe: Approximately thirteen businesses were represented in the audience. Mr. Karet explained the proposed amendment to Ordinance 89-0-11 which included a definition, performance standards, and exemptions. He also stated that he had met with some members of the business community regarding the proposed amendment, and a copy had been forwarded to the Chamber of Commerce for comment. Mr. John McGreqqor. Edqewater Rent-All read into the record a letter he had written to the Mayor and City Council regarding the objections of the business community to restrictions being placed on their property. He also quoted from a memo dated August 1, 1988, written by former Interim City Manager, Dennis Kelly. Mr. McGreggor stated he had a petition, to be presented to the City at a later date, requesting that Ordinance 89-0-11 be rescinded because of the restrictions it places on the use of setbacks. He believed the petition had approximately one hundred (100) signatures. Mr. McGreggor also believed that the constitutional rights of the business community would be violated if Ordinance 89-0-11 was enforced. Mr. Gene Letter. Letter Memorial Studio wanted to know why some items were exempt from the ordinance. Mr. Karet explained the number of exemptions in the proposed amendment had increased. Mr. Letter also wanted to know why certain businesses were exempt from the Ordinance. Ron Carwile. Coastal Tire Company stated property to display and sell his wares. display his wares, people don't know what believed the enforcement of an outdoor ordinance would cause an economic loss involved. he purchased his If a merchant can't is being sold. He display and storage to the businesses James Poland, Edqewater Mower and Small Enqine Service stated the small businessman is trying to compete with K-Mart's and Wal- Marts. The majority of the small businesses do not have room in their stores for some of the items they have for sale so they display them outside during the day and put them inside at night. Mr. Poland believed that new businesses should be restricted, but not the ones already in business. 1 '" o o Kathy Bushonq. Little Red Furniture House stated she is opposed to the restrictions on the use of settbacks, but she is not opposed to getting rid of eyesores and safety hazards. She believed the small businesses were the ambassadors for the city. Anthony Laqano. Tony's Auto Repair stated that as U.S. 1 is widened there won't be any front property left to use. He stated he was trying to run a business, help the city, and support his family, just as the other small business people in the community. Buzz VonNieda. American had done a lot of favors things as they are. Hardware believed the local businesses for the city, and the city should leave Charles Becker. business go hand B&L Supply in hand. stated the city's growth and small Mr. Bennington commented that the original intent of Ordinance 89-0-11 was safety, cleanliness, and attractiveness in the city. He added that the setback requirements have been in the Code for a long time. He also believed the memo Mr. McGreggor quoted (written by Mr. Kelly) had been read out of context. Mrs. McGreqqor. Edqewater Rent-All displays her merchandise and intends to keep doing so. She does not believe anything she displays is a safety hazard. She added that merchandise is merchandise whether it's backhoes or flowers. Mr. Bennington stated that everyone interested in the Ordinance should have come to the public hearings before the Ordinance was passed. He added that this Ordinance has been in the planning stage for over two (2) years. Mr. Poland believed the business community was busy trying to run their businesses and spend a little time with their families. Ann Sherwood stated the business community was willing with the city. to work Mr. Klein believed the Ordinance came about because there were businesses in the city that were real eyesores. There was discussion regarding the former Board of Adjustment and the granting of temporary special exceptions for outdoor display. Mr. Fazzone believed the city was not out to hurt small business. He stated that businesses should be permitted to use their property in a "judicious manner". Performance standards were discussed. It was noted that only goods, materials, and merchandise incidental to a principal use which is in full compliance with all applicable zoning standards and other regulations would be allowed to be displayed or stored outdoors. Mrs. Blazi believed that Edgewater's "downtown" area was not like Canal Street in New Smyrna Beach, but included all of U.S. 1. She believed that safety is primary. The speed limit along U.S. 1 is between 40 and 50 miles per hour, and outdoor displays can be a distraction. It was noted that the Florida Department of Transportation will not reduce the speed limit along U.S. 1. There was discussion about the businesses in the community forming some sort of association to deal with the city. There was discussion regarding former code enforcement practices in the city. Land Development and Regulatory Agency Regular Meeting Wednesday, January 24, 1990 2 y o o Mr.Karet read into the record Section 15.2, Display or storage of goods restricted, which has been in effect since 1963, and does not permit any outdoor display nearer than twenty feet (20') to the curbline. Mrs. Blazi stated she would like to have this item tabled to hear from the City Council and from the Chamber of Commerce. Mr. Klein believed that the Agency had made its recommendation and the Council had passed it, so it should go back to the Council. Mr. Karet noted that the Council had directed him to work on the proposed amendment, and he was now asking the Agency for their input. Mr. Bennington moved to table this February 21st agenda, with each member included in the Ordinance. Mrs Martin 3-2. Mr. Fazzone voted no because they recommendations for the Planner at this no because the Agency has been involved item and place it on the listing what they want seconded. Motion Carried should have come up with meeting. Mr. Klein voted long enough. Mrs. Blazi called a recess at 8:12 p.m.. back to order at 8:34 p.m.. The meeting was called NEW ITEMS: Liqht Manufacturinq: Mrs. Blazi read the January 17, 1990 memo to the Agency from Mr. Karet, which recommends adding light manufacturing to the list of permitted uses in the 1-1 (light Industrial zoning district). There was discussion as to the intent of the 1-1 district versus the B-2 district, which allows light manufacturing. Mr. Karet believed the intent of the 1-1 district is to allow light manufacturing, but it is not listed as a permitted use. Mr. Fazzone moved to add light manufacturing in the 1-1 district as a permitted use, seconded by Mr. Bennington. Motion Carried 5-0. By-Laws (as per Ordinance 88-0-8): Mrs. Blazi introduced discussion on this topic and referred to the memo from Mr. Karet which suggested the members consider updating Article IV, Removal from Office, Vacancies, which would provide for the automatic removal of a member that is chronically absent either with or without an excuse from the meetings. The majority of the members agreed that the primary concern is having a quorum for the applicants scheduled to come before the Agency. There was discussion regarding the current wording of the Ordinance which states IIAny member of the Agency may be removed from office for cause by the City Council, upon written charges and after an opportunity to be heard." Some of the members wanted to know who would make the written charges and they discussed the need for a definition of cause. Mr. Klein believed if the wording was to be changed for the Agency, it should also be changed for all Boards. It was also noted the current Ordinance requires any vacancy to be filled within thirty (30) days. The memo from Mr. Karet also asked the members to consider amending Article VI, Rules and Procedures, to allow a majority of the members present at a meeting to decide all issues. The current wording in the Ordinance reads II A quorum shall be four (4) members. No recommendations for approval of any amendment or special exception application may be made unless four (4) Land Development and Regulatory Agency Regular Meeting Wednesday, January 24, 1990 3 r . . Q o members concur". There was some discussion if the 3-2 vote taken earlier regarding outdoor display and storage was legal since four members did not concur. Mr. Fazzone moved to Motion Carried 5-0. table this item, seconded by Mrs. Martin. Election of Officers: Mr. Bennington moved to table for a full board, seconded by Mrs. Martin. There was some discussion as to when there would be a full board. Mr. Bennington amended his motion to bring this item up at the next meeting. Mrs. Martin agreed to the amendment. Motion Carried 5-0. DISCUSSION ITEMS: A question was to the City meetings. Mr. raised by Mr. Bennington concerning a request made Council to have the City Attorney present at Karet stated he would talk to the City Manager. The members discussed the fact that they want there memo's to go directly to the City Council with a c.c. to the City Manager. The Agency agreed they would like a summary of ordinances, ie: trash, outdoor display, etc. There being no further business to come before the Agency, Mrs. Martin moved to adjourn, seconded by Mr. Bennington. The meeting adjourned at 9:40 p.m.. Minutes respectfully submitted by: Beverly Kinney, Secretary Land Development and Regulatory Agency Regular Meeting Wednesday, January 24, 1990 4 I r I !