02-23-1989
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CITY OF EDGEWATER
LAND DEVELOPMENT AND REGULATORY AGENCY
REGULAR MEETING
THURSDAY, FEBRUARY 23, 1989
6:00 P.M.
COMMUNITY CENTER
Chairman Nancy Blazi called to order a regular meeting of the
Land Development and Regulatory Agency at 6:08 p.m., Thursday,
February 23, 1989, in the Community Center.
ROLL CALL:
Members present were Mrs. Blazi, Mr. Garthwaite, Mrs. Glover,
Mr. Klein, Mr. Mackie and Mrs. Martin. Also present were Lynne
Plaskett, Acting Planning and Zoning Director, and Beverly Kinney,
Secretary. Mr. Bennington was excused. City Attorney Alvarez
arrived at 6:25 p.m.
APPROVAL OF MINUTES:
The minutes of November 15, 1988, were presented for approval.
Mr. Garthwaite moved to approve, seconded by Mrs. Martin. Motion
Carried 6-0. Mr. Klein stated he believed they were too brief.
The minutes of November 23, 1988, were presented for approval.
Mrs. Martin moved to approve, seconded by Mrs. Glover. Motion
Carried 4-2.
The minutes of December 8, 1988, were presented for approval.
Mr. Garthwaite moved to approve, seconded by Mrs. Martin. Motion
Carried 5-1.
The minutes of December 14, 1988, were presented for approval.
Mrs. Martin moved to approve, seconded by Mrs. Glover. Motion
Carried 5-1.
The minutes of December 22, 1988, were presented for approval.
Mr. Garthwaite moved to approve, seconded by Mrs. Glover. Motion
Carr ied 5-1.
The minutes of January 12, 1989, were presented for approval.
Mr. Garthwaite moved to approve, seconded by Mrs. Glover. Motion
Carried 4-2.
CONTINUED ITEMS:
Special Exception 616 N. Ridgewood Avenue: Mrs. Blazi opened the
public hearing. There was no one who objected to the special exception.
Mrs. Ames, wife of co-owner, stated the people involved were hard working,
and the people involved had received a lot of public support from the
neighborhood. There was no further input during the public hearing.
Mr. Mackie moved to close the publice hearing, seconded by Mrs. Martin.
Mrs. Blazi read a written statement into the record (a copy is attached)
regarding the indoor flea market. She also discussed a pamphlet the
Industrial Board would soon be working on to help get prospective businesses
going in the right direction when applying for an occupational license.
The members discussed the recent decision by Council to grant an indefinite
temporary license for the indoor flea market, which meant until a decision
was made, they could operate on the temporary license for ever. Mrs.
Blazi believed the Agency should go ahead and grant the special exception
in light of the recent Council decision. Mr. Alvarez agreed the Council
had granted an open ended license to the indoor flea market, and he also
believed the sprinkler system was a dead issue. Mr. Garthwaite moved
to grant the special exception with the following conditions:
1. vendors licenses shall be displayed at each vendors space,
2. no outside display, 3. a minimum 0f six foot (6') aisles shall
be required, 4. vendors shall not sub-lease to other vendors and
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4. .,all at_her condit ions -as per _Ordi~ance 88- 0 - 32 shall be adhere.d to.
Mrs~ Glover seconded the motion. Motion Carried 7-0. Mr: Ames read
a statement into the record. (a copy is attached) .
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SP-88l9 3103 India Palm Drive Tabled 2-9-89: Mr. Klein moved to
take thlS ltem off the table, seconded by Mr. Garthwaite. Mrs.
Blazi stated sh~ had spoken with the City Attorney and Mrs. Plaskett
regarding miniwarehouses in the B-2 district from 30th Street on.
The interpretation from the City Attorney and the research on the
intent of miniwarehouses in B-2 made it clear that miniwarehouses
were npt permitted after 30th Street. Miniwarehouses were discussed
further. It was determined that miniwarehouses could be converted
into other businesses if_parking' and.other r~quirements_were met.. Mr.
Klein moved to deny SP-88l9 at 3103 Hibiscus Drive/India Palm Drive
as per Section 606.0l(b), permitted uses, because miniwarehouses are
only permitted between 20th and 30th Streets. Mrs. Glover seconded.
Motion Carried 6-0.
SD-86-3 Edgewater Landing Phase II: The Agency discussed the issue
of sidewalks. Mrs. Plaskett stated she had researched preliminary
and final approval of phase I and preliminary approval of phase II.
Apparently the former Planning and Zoning Board overlooked the issue
of sidewalks during their discussion of private roads versus public
roads. Mrs. Blazi read Appendix C, Article VIII(e) regarding altern-
atives of the subdivision rules and regulations to the members. Mr.
Storch stated he did not want to lose any trees by putting in sidewalks,
but would look into bike paths or nature trails. The members were con-
cerned about the hazard to pedestrians in the subdivision. After further
discussion Mr. Klein moved to table SD-86-3 pending submittal of comp-
leted drawings to show alternatives in lieu of sidewalks, because of
the ecologically sensitive area. Mrs. Glover seconded. Motion Carried
6-0.
NEW ITEMS:
Variance 18th and Indian River Boulevard: Mrs. Smith and Mr. Aldridge
requested a variance of 215 square feet to construct a single family
residence containing 1,085 square feet. The R-lB district requires
1,300 square feet per dwelling unit. Mrs. Blazi read three (3) letters
signed by eleven (11) neighboring property owners against granting the
variance. Mrs. Smith read into the record some square footages, addresses,
and year built of some homes built in Florida Shores: "2613 Umbrella
Tree Drive, built in 1984 in a 1,200 square foot district, was built with
960 square feet. 2110 Orange Tree, built in 1984, 1,000 square feet in
a 1,200 square foot district. 3047 Orange Tree. A three (3) bedroom,
2 bath house built in 1984 in 1,200 square foot district with 1,120 square
feet. There is a similar one at 2031 Sabal Palm. All of those built,
not the last one, those three (3) that I gave you were built within the
last five (5) years are 200 or more square feet under that particular
zoning area's square footage. 2031 Sabal Palm was built in 1981, and
was also under the 1,200 square feet. She gave the members that information
to make a point. These differences from the printed ordinance do not
go back into the dim, distant past, they are fairly recent. The other
thing she wanted to make a point about was that the Building Department
asked for a definition, a clearer one, of floor area. In the zoning
book on page 1551 it states for this zone: minimum floor area require-
ment 1,300 square feet per dwelling unit. On page 1555 for another
zoning area it says minimum floor area requirement 1,200 square feet
per dwelling unit. On page 1557 under another, multi-family district,
the wording is minimum floor area 1,500 square feet of living area for
each duplex. A dwelling, per Webster's Dictionary, is defined as a
habitation or place of residence. The various wordings in these various
districts are confusing in that, and she submitted that she had read
our definition of floor area, that it does exclude garages and so forth,
however, the fact that the wording is different in each one of these is
confusing and could be construed to mean 1,300 square feet did include
the garage." She also believed her son (Mr. Aldridge) would not be able
to afford to build a 1,300 square foot house and a garage, and without
the garage it would not look as nice. After discussion regarding square
footage of dwelling units, the members believed the errors made in the
past was no reason to continue in the future. Mrs. Glover moved to deny
the request, seconded by Mr. Garthwaite. Motion Carried 6-0.
Land Development and Regulatory Agency
Regular Meeting
Thursday, February 23, 1989
Page 2
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Draft Ordinance 89-0-5: regarding paint production as a permitted
use in the 1-2 district) with a definition of paint productio~was
presented to the Agency for approval prior to first reading by Council.
Mr. Alvarez stated he wanted the definition so the intent of paint
production would be clear. The members went through the definition
which was supplied by former Planning and Zoning Director, Joseph Ong:
"The total output of an industry related to the making of a mixture of
a pigment and a suitable liquid to form a thin, closely adherent coating
when spread on a surface in a thin coat." After some discussion Mr.
Garthwaite moved to approve the definition and the draft ordinance, and
to forward to Council for first reading. Mrs. Glover seconded. Motion
Carried 6-0.
SP-8901 W.S. Corner of Roberts Road and u.s. 1: Earl Wallace, auth-
orized agent for J.C. and Rosemary Carder, was present. The Agency
went through the Department Head comments. It was noted that the water
retention would deny rear access to the building. Mr. Wallace stated
there would be no rear access at this time. If it was provided in the
future Mrs. Plaskett noted it could be no closer than fifteen feet (15')
from the retention area. The members discussed emergency vehicle access.
There was discussion regarding the need of a traffic light at the inter-
section of Roberts Road and u.s. 1. Mr. Alvarez stated an agreement could
be made with the developers in the area to help defray the cost of the
traffic light, but the City would need to establish a data base, level
of service and cost per use or divide the cost equally among the developers
for a contribution toward the cost of a traffic light. The type of light-
ing to be used was discussed. Mr. Wallace stated the site would have
ground (flood) lights, and the members also requested some type of ground
(runway) type lighting at the driveways. The members discussed eight (8)
of the parking spaces near the entrance which were hazardous. It was
agreed that the parking spaces could be removed and landscaping could
replace the parking. There was a short discussion regarding the deceler-
ation lane which was drawn to D.O.T specifications. The protruding bath-
room facilities shown on the plan were discussed and it was agreed by
Mr. Wallace and the Agency that these would be included as an enclosed
integral part of the building with no protrusions. The members dis-
cussed wanting first rough plumbing for each unit in the project. Mr.
Garthwaite moved to grant preliminary approval with plans submitted
showing the items discussed (parking, landscaping, lighting, restrooms,
and deceleration lane) for final site plan approval. Mr. Mackie seconded.
Motion Carried 6-0.
SP-8902 N.E. Corner of u.s. 1 and Wilkinson (Jiffy): Pat Meunch of
Coastal Design Group was present. The members went through the Department
Head comments. It was noted the six (6) current parking stalls abutting
the Wilkinson right-of-way would be removed and replaced with parking
on the new site. After some discussion Mr. Klein moved to grant final
site plan approval. Mr. Mackie seconded. Motion Carried 6-0.
DISCUSSION ITEMS:
Norman Roberts Request to Address Agency Regarding SP-8820: Mrs. Blazi
went through the December 8, 1988, minutes regarding restroom facilities
for SP-8820. Mr. Roberts passed around photos he had taken of buildings
in South Daytona with restroom facilities similar to what he had proposed.
After some discussion Mrs. Blazi believed the restrooms may not fall
under zoning, but building. Mrs. Plaskett added it would fall under the
Southern Standard Building Code. The members agreed to review SP-8820
at the March 9, 1989, meeting as an agenda item.
Medardo Soldevilla of Joses Pizza Requests Permission to Address the
Agency: Mrs. Plaskett gave a brief history regarding Mr. Soldevilla
problem. He had a building permit to enclose an existing under roof
porch, but the contractor enclosad~the.Mhole':concrete ,slab arid added
roof area when he enclosed the existing under roof area. She added that
Mr. Soldevilla did not believe he should have to pay the required $100.00
site plan fee to come before the Agency for site plan approval. There
was some discussion regarding the matter, and the members believed Mr.
Soldevilla would have to pay the fee, just as anyone else would. He
thanked the members for their time and agreed to pay the required fee.
Land Development and Regulatory Agency
Regular Meeting
Thursday, February 23, 1989
Page 3
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Mr. Klein asked about the landscaping at Hardee's. Mrs. Plaskett
explained there were some trade offs which were approved by the
former Planning and Zoning Director regarding the landscaping.
The members discussed signage at Fat Bob's, Perry Barrett's advertising
signs, and billboards in the City limits.
There being no further business to corne before the Agency, Mrs. Glover
moved to adjourn, seconded by Mrs. Martin. The meeting adjourned at
approximately 8:47 p.m.
Land Development and Regulatory Agency
Regular Meeting
Thursday, February 23, 1989
Minutes respectfully submitted by:
Beverly Kinney
Page 4
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Call Public Meeting to order
People against - people for
Close public meeting.
Events surrounding the establishment of an indoor flea ma.rket in the City and
the subsequent problems created appear to be the result of some initial action
that was probably ill conceived and ill advised. Originally, the 2 businessmen consulted
the Building official who is supposed to have told them the building they had in mind
was suitable for the type of business they had in mind. '!hey apparently then proceded
to sign leases, make renovations, etc. prior to receiving written confirrration from
the City. .
'Ihen a sign went up signifying an indoor flea ma.rket.. 'Ihe general public talked about
the flea ma.rket, the press had a field day with it and the operating procedure identicall:
followed the procedures for flea ma.rkets allover the country. According to the Zoning ole
flea markets are illegal in the B-5 zone. '!he zoning laws under different classif ica tion:
lists permitted uses, accessory uses and special exceptions. If a type of business
is not listed under one of these sections, it is not permitted. Unfortunately, the
board has had to rectify certain situations because some people believe that if it
does not say you specifically can't &!Ix operate a type of business under a zoning
classification, then you can'. However, the zoning laws actually \'K)rk the opposite...
if it does not say you can then you can't. t.ve continue to have problems with
people interpretating zoning ordinances. By charter, the City Attorney is the only
person authorized to interpret ordinances for the City Council and all City Officials.
'Ihe meetings, decisions, decision changes concerning the flea market M business have
been constJ:ued by some to be sane kind of power play or worse a personal discrimination a(
against this type of business. . '!his is not true. '!he IDRA assumed the duties and
responsibilities under law and have tried to 0 follow this to the letter of the law.
'Ihe suggestion has even been made that since we now have a City Manager form of governmepi
'!he City Mamager should handle this ma.tter to simplify the issues. '!he City M;rr. \ ~
was never. authorized by Council to decide what types of business should be permitted in ;1;
the various zoning areas. 'Ihe City Atty., the Advisory Boards and the City M;rr. are .
all appointed by Council and charged with specific duties and responsibilities one of whitl
is to advise the Council in matters. relating to their own specific duties. Certainly.'
if, as the CMners have implied, they received verbal permission from the City Mgr. /
to operate this type of business in this B-5 area it must have..been some kind of a I
misunderstanding. .
At the last meet;:ing, the subject of sprinkler systems carne up. Certainly no one would
question the fact that sprinklers are the highest fonn of fire safety available and
there are even places that are now requiring sprinkler systems in new homes. However
in build8ings of 15,000 sq. ft. (an existing mercantile) sprinkler systems are not
required by law. '!his is a special exception which still means that reasonable
conditions can be placed upon the owners to meet the health safety and welfare of
the general public. 'Ihe Board is concerned that these safety meeds should take
precedence above anything else.
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