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10-26-1989 '-I o CITY OF EDGEWATER L~ND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, OCTOBER 26, 1989 6:30 P.M. EDGE WATER LIBRARY \ Mrs. Blazi called to order a regular meeting of the Land Development and Regulatory Agency at 6:32 p.m., Thursday, October 26, 1989, in the Edgewater Library. ROLL CALL: Members present were Mr. Bennington, Mrs. Mrs. Martin, and Mr. Hellsten (arrived at wl!....-e.. U.:lS ab3L. .il, and Mrs. Glover ~ excused. P. Karet, Planning and Zoning Director, Secretary. Blazi, Mr. Garthwaite, 6:34 p.m.) Mr. Klein Also present were Mark and Beverly Kinney, APPROVAL OF MINUTES: The minutes of September 14, 1989, were presented for approval. Mrs. Martin moved to table due to the lack of a quorum from that meeting, seconded by Mr. Bennington. Motion Carried 4-1, with Mr. Garthwaite voting no. The minutes of September 26, 1989, were presented for approval. Mr. Garthwaite moved to table due to the lack of a quorum from that meeting, seconded by Mrs. Martin. Motion Carried 4-1 with Mrs. Blazi voting no. Mrs. Blazi noted the preliminary plat for Harbor Heights Subdivision, tabled on June 22, 1989, pending a response from the City Attorney which was received in July would be heard first. Mrs. Blazi explained the problem with the proposed subdivision was the availability of the developer's to gain access to the property. Mr. Garthwaite moved to take this item off the table, seconded by Mrs. Martin. Motion Carried 5-0. Mr. Karet read the record. He noted highlighted as his Ridge Subdivision Agency. memo from Mr. Alvarez, City Attorney, into the Section B item #2 of the court judgement was response. Mr. Karet added the original Silver survey had been obtained for review by the Mr. Karet noted there was 250' frontage between Silver Ridge Subdivision and the Caldwell property on U.S. 1. It was noted there is a Department of Transportation (D.O.T.) minimum of 150', and a standard of 250' between curb cuts. Mr. Jalovecky, of Centex Real Estate, discussed the problems regarding access to the property. Mr. Jaloveky had not checked with D.O.T. regarding access, but he believed the developer's would have to purchase property from a person out of state, and the cost would not be feasible. Mr. Garthwaite was concerned about the increased traffic congestion at the entrance of Silver Ridge Subdivision, and the commercial property at the front of the subdivision that may be developed in the future. After much discussion it was agreed that the legal description of the Silver Ridge subdivision includes the Westerly right-of-way to U.S. 1 as part of the Silver Ridge Subdivision. Land Development and Regulatory Agency Regular Meeting Thursday, October 26, 1989 1 o o Ja~~ Patri~~, Real Estate agent representing contract purchasers, stated Mr. Caldwell (owner of the property) believed the court order meant streets where there are homes. He added that Mr. Caldwell's attorney, Mr. Watts, believed if under 200 units were built access could be gained through Silver Ridge Subdivision. Mr. Bennington moved that, based on the information received, Section B-2 of the Court Judgement meant Silver Circle is part of the Silver Ridge Subdivision and the site plan with that entrance is denied. Mr. Garthwaite seconded. Motion Carried 5-0. Mr. Garthwaite filed a conflict of interest which is attached. CONTINUED ITEMS: Buffers in Industrial Zones: ordinance to the members. Bennington moved to accept seconded by Mr. Garthwaite. Mrs. Blazi read the proposed draft There were no questions. Mr. the draft and forward to Council, Motion Carried 5-0. SP-8914 Belmont Plaza: Luis Geil, authorized representative was present. It was noted that all requirements had been met and St. Johns did not require any changes. Mr. Bennington moved to grant final approval as per the as built presented, seconded by Mrs. Martin. Motion Carried 5-0. NEW ITEMS: Rezoninq N.W. Corner of India Palm Drive and S.R. 442: Rezoninq S.W. Corner of India Palm Drive and S.R. 442: Mae Thompson, owner of property on the N.W. corner, and Mr. Libby, authorized agent for the S.W. corner, were present. It was noted the properties are currently zoned R-1B and the applicants are requesting a rezoning to B-2. Mrs. Blazi went through the Department Head comments. It was noted the Planning and Zoning Department did not support the proposed rezonings as they were in conflict with the land use and housing elements of the comprehensive plan. The major discussion was regarding all the problems that could arise because of the permitted uses. It was agreed that any change would ruin the residential character of the area, and the commercial use should not be stretched any further on S.R. 442 at this time. Ms. Thompson stated the reason she was asking for the rezoning on the N.W. corner was because her house is adjacent to the Huntley- Jiffy store's gas pumps. She stated the gas fumes go directly into her home when the tanks are being filled, and she did not believe the property was suited for residential use any longer. Mr. Libby wanted both rezoning requests because one was no good without the other. property on the S.W. corner is vacant and build an ice cream store on the property. be heard together, Mr. Libby stated the he was proposing to Mr. Ralph Hope, 1822 India Palm Drive, abuts the S.W. corner. He was not opposed to an ice cream store, but he would be opposed to other uses that are permitted in the B-2 district. He stated his concerns were privacy (fencing>, loss of trees, and stormwater run-off. John Witt of 1843 India Palm Drive shared Mr. Hopes concerns. Mr. John Wittington who lives behind "The Real Estate Store" believes there will be a lot of traffic and will just cause problems in the subdivision. Mr. Libby stated he got the idea for an ice cream store because his children had no place in the neighborhood to go. He believed people have to leave the subdivision for neighborhood services. Land Development and Regulatory Agency Regular Meeting Thursday, October 26, 1989 2 o o He added if he could rezone the property for an ice cream store he would buffer the property with Myrtles and fencing on the N.W. and S.W. corners to create a natural end of the commercial area. The members agreed the problem was the permitted uses currently allowed in the B-2 district. There was also discussion regarding the future widening of S.R. 442. Mr. Hellsten moved to deny the zone change requests for the N.W. and S.W. corners of India Palm Drive and S.R. 442, seconded by Mr. Garthwaite. Motion Carried 5-0. 'Variance Lots 7494 and 7495 India Palm Drive and 31st Street: Mr. Siegot Eisenmann, owner, requests a variance of ten feet (10') from the required forty foot (40') front setback in the B-2 district. Mrs. Blazi went through the Department Head comments. It was noted the Planning and Zoning Department does not support the request because the applicant failed to show that the hardship is peculiar to the property and that no reasonable use of the property can be made if he complies with the provisions of the zoning ordinance. It was also noted a letter of objection from abutting property owners had been received. (Eleanor Pinder and Regina McEvoy) Mr. Eisenmann stated he had outgrown the building he is currently using for his business. He stated if he had to build without a variance the structure would have to be triangular instead of parallel. There was discussion about the shape of the rest of the lots on the block and it was noted they were all on a skew. The members agreed that if this variance was granted then every other property owner with an odd shaped lot might have grounds to be granted a variance. After further discussion Mr. Hellsten moved to deny the request because Mr. Eisenmann had failed to meet A, B, and C of the criteria for a variance. Mrs. Martin seconded. The Motion Carried 5-0. Mrs. Blazi called a recess at 8:00 p.m. back to order at 8:15 p.m. The meeting was called Environmental Protection Ordinance. Wetlands. Trees: Mr. Karet noted the ordinances had been drafted to meet the minimum standards adopted by the County. Mr. Karet informed the members the Growth Management Commission has challenged one of the land use changes before them because these ordinances have not been adopted by the City. He noted there were some changes suggested by the County regarding Wetlands and Class II Waters. There were also some possible changes needed for the Tree ordinance. The members agreed they would like more time to proposed drafts and decided to hold a special meeting October 30, 1989, at 6:30 p.m. review the on Monday, DISCUSSION ITEMS: Planninq and Zoninq Director: Mr. Karet noted the comprehensive plan was being worked on and one year from the date of transmittal the land development code would have to be completed. Chairman: Mrs. Blazi noted some members are not attending or calling in to be excused. There being no further business to come before the members, Mr. Hellsten moved to adjourn, seconded by Mr. Garthwaite. The meeting adjourned at approximately 8:35 p.m. Land Development and Regulatory Agency Regular Meeting Thursday, October 26, 1989 Minutes submitted by: Beverly Kinney, Secretary 3 " , ", .' ~ORM 8B MEM~ANDUM OF VOTING,.4'ONFLICT FOR . COUNTY, MUNICIPAL, AND 'OTHER' LOCA~UBLIC OFFICERS LAST NAMl'-F1RST NAM~-MIDL>lE NAME NAME DF BOARD. COlJNCll;CDMMISSION, A"'THORITY. OR COMMITTEE GfJI>..TI-f0;4t'rC f?, c> I:S e /( T PA r/<IC-/( L D' le.,A _, MAILING AL>L>Rf:SS THE BO'...RL>. COUNCIL. CDMMISSIDN. AUTHORIT\'. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: !f) Le: E: DR./' vc:- V 0 L4-S I,/;). ~ CDUNTY ; , OTHER LOCAL AGENCY CITY CDUNTY NAME Dr POLITICAL SUBDIVISION: t;: D G ~ CJ /i- r (2- ""- DATE or-; .....HICH VDTE: DCCURRED MY POSITION IS: /ctgCj , , ElECTIVE: APPOINTIVE ~ OCT. ::2.6 ' , WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although tOe use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a connict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the connict: PRIOR TO THE VOTE BEING TAKEN. by'publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting. who should incorporate- the form in the minutes. APPO)~TED OFFICERS: A person holding appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures 10 his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a mailer in which he has a conflict of interest, but must disclose the nature of the conflict before making any allempt 10 influence the decision by oral or wrillen communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any allempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately 10 the other members of the agency. . The form should be read publicly al the meeting prior to consideration of the matter in which you have a connict of interest. (II()~\I~II 1l1~1, PAGl I r' , . . "IF YOU MAKE N'O A ITEMPT TO INFL .' ,... \ - CE THE DECISION EXCEPT BY DISCQION OR VOTE AT THE MEETING: I · You should disclose orally the nalure of your connict in the measure before participating. · You should complete lhe form and file it within IS days afler lhe vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STAn OFFICER'S INTEREST J. Iff p?, /./.~ k_:L. hereby disclose Iho. on 0_ ::P'- 26 ,19~: (a) A measure came or will come before my agency which (check one) - inured to my special private gain; or - inured to the special gain of , by whom I am relained. (~) The measure before my agency and the nalure of my interesl in the measure is as follows: ~~ 7 ~ ~ L' - ~ -.r--, OJ :;;:<G ! q~ (] /--/!' .r~4/e!-~- Signature Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~J12.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 'f FOR~ 88 - 1()'86 PAGE 2