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08-24-1989 o (.) LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, AUGUST 24, 1989 6:30 P.M. COMMUNITY CENTER Chairman Nancy Blazi called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Thursday, August 24, 1989, in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mrs. Blazi, Mr. Garthwaite, Mrs. Glover, Mr. Hellsten, Mr. Klein, and Mrs. Martin. Also present were Lynne Plaskett, Acting Planning and Zoning Director, and Beverly Kinney, Administrative Secretary. APPROVAL OF MINUTES: The minutes of June 22, 1989, were presented for approval. Mrs. Martin moved to approve, seconded by Mr. Garthwaite. Motion Carried 4-3. Mr. Hellsten, Mr. Klein, and Mr. Bennington voted no, because they were not present at that meeting. There was a debate among the members as to whether or not Eastern Shores Mobile Home Park should be tabled, because the City Attorney and Councilwoman Bennington could not be present. Mr. Klein moved to place item 11, Eastern Shores Mobile Home Park, to the top of the agenda, seconded by Mr. Bennington. Motion Carried 4-3. Mrs. Martin, Mrs. Blazi, and Mrs. Glover voted no. Mrs. Blazi informed the members that Bill Hathaway, Attorney for Perry Barrett, items 8 & 9 on the agenda, had requested to be withdrawn from the agenda until a later date. Mrs. Martin moved to table items 8 & 9, seconded by Mr. Hellsten. Motion Carried 5-2. Mr. Klein and Mr. Bennington voted no. NEW ITEMS: Eastern Shores Mobile Home Park: Mr. Bennington pointed out the agenda had improper wording as to the Council's request and should have stated "City Council requests review of opening streets" instead of reconsider. Mrs. Blazi opened the floor for comment from the audience of 34 residents from the mobile home park. Joe Gaffrev, 12 Camino Real Court, abuts proposed access, stated he was concerned with privacy, the proposed access not meeting City Codes, ingress and egress. He stated it had been previously turned down and then reconsidered by the City. He added that he did not want the proposed access, but he didn't like the access on U.S. 1 either. Mr. Gaffrey stated when he had moved into the park, approximately 11 years ago, he had been given a map with the lots for the park. Mr. Gaffrey believed the new access would change the entire lifestyle of the park. Mrs. Blazi asked for a show of hands that did not want the proposed access. raised their hands. for those in the audience All 34 residents present Donald Lewis, 49 Camino Real stated there was a lot of traffic between the hours of 8:00 & 9:00 a.m. and 4:00 & 5:00 p.m., and it was like a speedway to U.S. 1. He added that Industrial Road empties onto an unpaved street. Land Development and Regulatory Agency Regular Meeting Thursday, August 24, 1989 1 -~ o o ThStS w~s soms dis~ussion ~s to whether the proposed access would be easier for emergency vehicles. The majority of the residents did not believe it would, as the present access on U.S. 1 was right across the street from the fire house. Betty Bainbridqe. believed it would practically step street. 27 glve out Camino Real, abuts proposed access, she her very little space, and that she would of her home into traffic on the proposed Mr. Bennington stated there was a question as to the true zoning, because the current zoning map in use showed it MH-S (mobile home special), but it is not listed in the Code under Section 605.03. He pointed out that if it were zoned MH-1 the proposed street would have to be 10 feet from the abutting side of a trailer, and if it were MH-1A it would have to be 15 feet from the abutting side of a trailer. He also questioned the size required for the proposed access as to whether it should be 18 or 20 feet wide. Mrs. Plaskett asked if the maps/plans given to the property owners actually showed lot lines, or if they showed the placement of the trailers, and asked that someone please provide her with a copy if possible. Joe Mullen. 16 Camino Real also spoke about the proposed access. Viola Thomas. 45 Camino Real stated that she was the Secretary for the park and any correspondence could be forwarded to her. It was noted concerning the answered soon. that Councilwoman proposed access, Bennington had many and hopefully they questions would be Mrs. Blazi called a recess at 6:58 p.m. back to order at 7:02 p.m. The meeting was called It was decided that the Agency would hold review this issue. a special meeting to J SP-8911 All American Truss Company 211 Dale Street: Al Davis, Engineer for the project, was present. There was quite a discussion regarding fire protection. Mr. Davis stated there was a pond with a pump that was able to handle a 2 hour fire. He also agreed that a hydrant was needed, but Mr. Wadsworth of the Utilities Department had not been available to discuss this issue with him. There was also some discussion regarding a previously approved site plan for All American Truss where a dry hydrant will be used. Mr. Bennington stated that whatever is going to be done on the site for fire protection should be shown on the plans. Mr. Hellsten moved to table this item until the question of fire protection had been resolved. Mr. Bennington seconded. Motion Carried 7-0. J SP-8912 Miniwarehouses with Manaqers Office 1904 Hibiscus Drive: Mr. Geil was present to request amended site plan approval to convert 1 miniwarehouse to a manager's office. It was noted the manager's office had already been completed (but not in use), and this was an "after the fact" request for approval. Mr. Geil was queried as to who had given him the authority to make the changes to the site plan. Mr. Geil did not recall names and dates. Mr. Land Development and Regulatory Agency Regular MEeting Thursday, August 24, 1989 2 o o Klsin movsd to dsny the site plan. Mrs. Blazi believed each member should be able to comment and ask questions before a motion is made. Mr. Klein agreed. Mr. Bennington did not like the fact the Agency was being asked to approve something that had already been done. Mr. Geil believed the change of use was permitted in the B-2 district, and was given permission to do so by "city officials". Mr. Klein believed that until Mr. Geil would state who gave him authority to make the changes to the approved plan the request should be denied. Mr. Geil stated he needed to "weigh his words carefully", but that he had contacted 2 city officials prior to making the changes at the site. Mr. Hellsten believed that if the amended site plan met the code there was no reason not to approve it, because the problem was an enforcement issue and not the Agency's job. After further discussion Mr. Klein moved to have verbatim minutes and copies of permits issued to be sent to the City Manager, seconded by Mr. Bennington. Motion Carried 7-0. Mrs. Glover moved to grant approval of the amended site plan, seconded by Mr. Hellsten. Motion Carried 7-0. / SP-8914 Belmont Plaza 2120 S. Ridqewood Avenue: Mr. Carder, property owner, and Tom Wright, Mr. Carder's attorney, were present to request amended site plan approval. It was noted the plans submitted were "as-built" drawings. The Agency discussed a letter sent to Mr. Carder by Mr. Elly Johnson, City Manager regarding what had 'been approved and what was actually at the project site. Mr. Carder stated the changes were made with the approval of "city officials". Mr. Bennington read Section 715.03 (Amendments to the approved site plan) into the record. There was discussion regarding final engineering approval by the City's former engineer which the Planning Department considered void, because the engineer was no longer employed by the city at the time he approved it. Mrs. Blazi stated there was a letter from the city's current city engineer regarding the site. Mr. Carder stated the changes to the site were done with the approval of the former city engineer. It was noted that Mr. Carder had not reapplied to St. Johns for the changes made to the stormwater plans or calculations. Mr. Geil stated he had meet recently with the current city engineer, and the Planning Department should be receiving their O.K. in the near future. It was also noted that the plan approved by the Agency was for a 380 foot building, but the plan given to the Building Department for permitting was only 360 feet. Mr. Bennington pointed out the angle parking on the East side of the project was not up to code. Mrs. Plaskett stated she had met with Mr. Carder regarding the landscaping on the site and had made some concessions because there were trees on the site that had not been taken into consideration when the plan was submitted to the Planning Department. She added the changes she approved did not change the number of required trees, just the location. It was noted the planters at the site were put in after the asphalt for the parking lot was in place, and the planters were actually sitting on the asphalt. Mr. Carder stated the landscaping would be maintained. It was also noted that the lighting at the site was not shown on the as built. It was also noted that the approved site plan showed 16 pole lights, but when one of the Agency member's had gone to the site, only 8 pole lights were in place. It was noted that the lighting on the site should not bother the residents living in the immediate area. Land Development and Regulatory Agency Regular Meeting Thursday, August 24, 1989 3 " ~~ o o Mr. Garthwaite brought up the sidewalk and curbing that was required by the Agency when the site plan had been approved. Mr. Wright, attorney for Mr. Carder, stated Mr. Carder had proceeded in good faith and relied on what city officials had advised him to do. He was later denied a certificate of occupancy because of the changes made to the site. After further discussion, Mr. Wright advised Mr. Carder to do his best to meet current code requirements, and asked the member's for specific items they wanted addressed. It was decided by the member's that what was submitted for approval was not really an as-built drawing. The member's came up with the following items: 1. Final stormwater calcs and approval from city engineer; 2. Curb at sidewalk to be by the City Engineer. Avenue to Sea Gull); addressed and approved (South side of Falcon 3. Pole lights to be shown. (16 lights shown on original plan only 8 at the actual site); 4. Fire hydrant to be installed on the North side of Falcon Avenue on U. S. 1 (why was it changed?); 5. East parking lot does not meet code; 6. Letter from City Manager to Mr. Carder to be addressed; 7. Approval of St. Johns River Water Management District; 8. Architectural sealed drawings. Mr. Hellsten moved all discrepancies have signed off on Motion Carried 7-0. to table until a satisfactory resolution of have been resolved, and all Department Heads the changes made. Mrs. Martin seconded. Mr. Garthwaite stated the Agency had spent a lot of time on this site plan when it originally was approved and it was frustrating when the City ends up with the problems they have. Mrs. Blazi called a recess at 8:40 p.m. 8:50 p.m. The meeting resumed at Subdivision Preliminary Plat Edqewater Landinq Phase III: Glenn Storch, Attorney, and Marty Berge, Project Manager, were present. The Agency went through the Department Head comments and noted the memo from Mr. Wadsworth and the letter from the City Engineer. The question of adequate water supply was brought up. Mr. Berge stated he was working with Mr. Wadsworth to put in a 12 inch line. Sidewalks were discussed for phase III. It was noted that phase III was totally separate from phases I and II, and would have to comply with the subdivision rules and regulations, which include having sidewalks in the project. Mr. Berge stated phase III would have no would have only one means of access. Mr. wanted to keep continuity within the three sidewalks. Mrs. Blazi stated he would then variance. through traffic, and Berge added that he phases regarding the need to apply for a Land Development and Regulatory Agency Regular Meeting Thursday, August 24, 1989 4 o o Mr. Bennington moved to final plat should reflect regulations. Mrs. Glover approve the preliminary plat, and the compliance to the subdivision rules and seconded. Motion Carried 7-0. Comprehensive Plan: current status. Mrs. Plaskett informed the members of the The Agency discussed scheduling public hearings, and asked Plaskett to go ahead and schedule them for September. Mrs. Outdoor Display: Edgewater Rent-All, Coastal Tire and several other businesses were discussed. Mrs. Blazi read the proposed amendment to Ordinance 89-0-11. Mrs. Plaskett explained that there was a problem with enforcing the ordinance as it is currently written. She believed Section 200.00 (definitions) needed to be more specific regarding what did not constitute a roof. After some discussion, Mr. Hellsten moved to recommend the proposed wording go to the Council with a semi-colon after the words "limited to", seconded by Mrs. Martin. Motion Carried 7-0. Actinq Planninq and Zoninq Director Reports: None Chairman Reports: None Aqency Member Reports: Mr. Bennington believed ordinance 88-0-8 forming the Agency needed to be reworded in Sections 900(e) - Membership to state "all decisions shall be final except as otherwise herein noted....." He stated that the Section should read as it did when the Board of Adjustments was covered under Section 900(e). Mr. Bennington also believed that Section 1002.5 Agency decision should also read as it did when the Board of Adjustment was covered under the Section. "All decisions of the Agency shall be final except by appeal to the Circuit Court...." Mr. Bennington asked that a draft of Section 900(e) and 1002.5 be prepared for discussion and possible action at the next meeting. Mr. Hellsten noted and article recently written by Kathy Vaughn of the News Journal and asked that it be placed on the next agenda for discussion. He stated he would bring in a copy of the article. There being Glover moved adjourned at no further business to come to adjourn, seconded by Mr. approximately 9:40 p.m. before the Agency, Mrs. Hellsten. The meeting Minutes Respectfully submitted by: Beverly Kinney Land Development and Regulatory Agency Regular Meeting Thursday, August 24, 1989 5