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10-17-1989 Special ;:... (J Q LAND CITY OF EDGEWATER DEVELOPMENT AND REGULATORY SPECIAL MEETING TUESDAY, OCTOBER 17, 1989 7:00 P.M. EDGEWATER LIBRARY AGENCY Mrs. Blazi called to order a special meeting of the Land Development and Regulatory Agency at 7:00 p.m., Tuesday, October 17, 1989, in the Edgewater Library to hear a request for a special exception for gas pumps in the B-2 District. ROLL CALL: Members present were Mrs. Blazi, Mr. Garthwaite, Mrs. Glover, Mr. Hellsten, Mr. Klein, and Mrs. Martin. Mr. Bennington was excused. Also present were Jose' Alvarez, City Attorney, Mark P. Karet, Planning and Zoning Director, and Beverly Kinney, Secretary. Mrs. Blazi gave a brief history of prior meetings regarding this request. There was much discussion regarding Section 713.00 (Automotive Services). The members discussed the traffic problems that would be encountered with gas pumps so near the railroad tracks, and at such a busy intersection. Mr. Klein also noted there was a day care center in the vicinity. The members discussed the fact that placement of gas pumps on S.R. 442 needed to be carefully deliberated for order, appearance, and convenience regarding public welfare. The Agency discussed diverting traffic from S.R. 442 onto Fern Palm Drive as proposed. Mr. Hathaway, attorney for property owner, believed some of the uses already permitted in the B-2 district would generate more traffic than the use his client is proposing, ie: drug store, lending agency, grocery store, restaurant-type A. Mr. Barrett, property owner, believed he would not be creating more traffic. He would just be serving the traffic that is already there. Mike Coleman, 1800 block of Fern Palm Drive, believed Mr. Barrett would have a nice project, but he wants to be assured access to the back of his property on Fern Palm Drive. C.E. Clark, 1800 block of Fern Palm Drive, stated he has trouble getting onto S.R. 442, and he didn't think another convenience store with "bad" people hanging around was a good idea. Robin Ashbridge, Manager of Mr. Barrett's convenience store on Roberts Road and India Palm Drive, stated the store had not experienced any problem with "unsavory" people hanging around the store, and she has never had to call the police. It was noted there was a left turn lane already striped off at the proposed location. Mr. Klein stated when the issue petition came to the City opposing on S.R. 442. There was some debate Mr. Klein and Mr. Barrett. had been brought up before a any other gas pumps going in regarding this issue between Mrs. Glover believes Florida Shores is growing fast, and more traffic just goes along with growth. Mr. Karet asked if distribution of traffic was the Agency's major concern. Mrs. Blazi stated yes along with appearance of the site, and possible conditions that may be placed upon the granting of a special exception, ie: creating more buffering on the site. There was also discussion about appropriate road 1 '0. u o signage, adve~-tising signs, and the "visibility triangle". Mr. Hathaway agreed that Mr. Barrett should bear the cost of signage, paving, and striping for the site. Mr. Alvarez, City Attorney, referred the members to Section 903.00 (Granting special exceptions). He stated the Agency could attach conditions to a special exception. He also cited a decision of the Fourth (4th) District Court: The Agency acting under the zoning regulations has the responsibility of granting or not granting a special exception as it pertains to adversely affecting the public interest. A special exception may not be denied unless, shown by opposition, the public interest will not be served or will be an incompatible use with the surrounding area. Mr. Alvarez believed the Agency should have specific guidelines from the beginning to eliminate any future problems. Mr. Garthwaite stated he would like to see a plan of the traffic flow on S.R. 442 in relation to Guava and Hibiscus Drives, a turn off lane on Fern Palm Drive, and how the proposed traffic flow will abate traffic problems. Mrs. Martin believed a traffic study was needed. The members discussed these issues. Mrs. Blazi passed the gavel to Vice-Chairman, Louise Martin. Mr. Alvarez stated "The special exception will not vest until the conditions are fulfilled. The condition order requires some kind of a traffic count, it requires some kind of ah, its a complicated matter. It also requires knowledge of the trips generation of this type of business, and that how will that effect the existing traffic count, and what improvements need to be made on the site and the surrounding area to accommodate that, and when that is complied with, the special condition will vest." Mrs. Blazi stated that was in the form of a motion. Mrs. Glover seconded the motion. Motion Carried 4-2 with Mr. Klein and Mr. Hellsten voting no. 1vI~,:>. q lovu- There being no further business to come before the members, ~ ~ning~~ moved to adjourn, seconded by Mr. Garthwaite. The meeting adjourned at approximately 9:35 p.m. Land Development and Regulatory Agency Special Meeting Tuesday, October 17, 1989 Minutes respectfully submitted by: Beverly Kinney, Secretary 2