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02-09-1989 o o CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, FEBRUARY 9, 1989 6:00 P.M. COMMUNITY CENTER Chairman Nancy B1azi called to order a regular meeting of the Land Development and Regulatory Agency, Thursday, February 9, 1989, at 6:00 p.m., in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mrs. B1azi, Mr. Garthwaite, Mr. Klein and Mrs. Martin. Also present were Lynne Plaskett, Planning Assistant/Grant Administrator, and Beverly Kinney, Sec- retary. Mrs. Glover and Mr. Mackie were excused. NEW ITEMS: Subdivision SD-86-3 Edgewater Landing Phase II: Glenn Storch, attorney, was present to represent Radnor Corporation, owner. The members discussed the natural, preserved areas of the subdivison and minimum lot sizes. There was a lengthy discussion regarding side- walks and their absence in Phase I, which is under construction, and Phase II, which is before the Agency for final plat approval. Mr. Storch stated the subdivision would have walking trails and had "miami curbing" in Phase I, and the same was planned for Phase II. Mr. Bennington pointed out the subdivision rules and regulations called for sidewalks. There was also a discussion regarding water availability for Phase II. After further discussion regarding sidewalks and water availability, Mr. Bennington moved to table until the next meeting when the members could have additional adequate, reliable information regard- ing water availability, and the sidewalk issue could be researched from the granting of preliminary approval for Phase I and II, and final approval for Phase I. Special Exception 616 N. Ridgewood Avenue: William Ames and William Beaty requested the special exception to allow an indoor flea market in the B-S district. Mrs. Blazi went through the Department Head Comments and noted she did not understand the comments made by the Planning Department. The members went through the applicants answers to the criteria for granting a special exception. Mr. Bennington noted all stormwater runoff is currently running straight into the canal at 10th Street. Mrs. Plaskett pointed out it was probably the owners responsibility, not Mr. Ames and Mr. Beaty who owned the business, but not the property. There was _lengthy discussion regarding a sprinkler system and whether is should be a requirement for granting a special exception. Mr. Klein noted he had seen an advertisement for ceramic classes to be held at the site when the flea market would not be in operation. There was discussion regarding the required parking for the flea market and other businesses at the location. It was also noted there were booths to be rented for anyone on a day to day basis, and there would be a $2.00 discount. (without a City occupational license) Mr. Bennington noted the plants displayed outside are not permitted. Mrs. B1azi stated she had checked with Mr. Ong, Planning and Zoning Director, and he felt the flea market was in compliance. Mr. Mike Bosey of New Smyrna Beach, believed the wood booths would add to the chance of fire and that a sprinkler system should be required. The members dis- cussed having each vendor post their licenses at their booths. There was also discussion regarding the size of the aisles between booths. It was agreed by the members that six feet (6') would be enough. There was further discussion regarding a sprinkler system. Mr. Bennington moved to approve the special exception with the following conditions: 1. sprinkler system, 2. owner to correct the stormwater drainage problem, and 3. no outside display. Mrs. Martin seconded. Motion Failed 3-2. Mrs. Blaiz and Mr. Garthwaite voted no. Mr. GaTthwaite moved to approve the special exception subject to the condition stated by Mr. Bennington, excluding the sprinkler system. He added an opinion should be received from the State Fire Marshall within ninety (90) days. Mrs. Martin seconded. There was discussion regarding the legal advertising due public notice required prior to granting the special exception. It was discovered this had not been done. Mr. Garthaite withdrew his motion. Mrs. Martin with- drew her second. o o Special Exception continued: Mr. Bennington moved that the Agency had no problem with having the temporary license extended, and that every legal means necessary should be used to keep the business open, as this is not the fault of the applicant. Mr. Klein seconded. Motion Carried 5-0. Mrs. Martin moved to table the application for the special exception until the next meeting (February 23, 1889), seconded by Mr. Garthwaite. Motion Carried 5-0. Draft Ordinance 89-0-3: The Agency went through the wording for the rezoning of four parcels of land owned by the Ranken Family in draft ordinance form. Mrs. Martin moved to forward this to Council, seconded by Mr. Bennington. Motion Carried 4-1. Mr. Klein voting no. CONTINUED ITEMS: City Attorney Alvarez Memo to Nancy Blazi, Chairman of Land Development and Regulatory Agency: regarding a miniwarehouse proposed for 3103 Hibiscus Drive (India Palm Drive). There was much discussion regarding the memo from Mr. Alvarez, and the members were not clear as to the interpretation regarding miniwarehouses being constructed and converted after 30th Street in the B-2 district. Mr. Klein moved to table this issue until February 23, 1989, so the City Attorney could be present to discuss this with the members. Mr. Bennington seconded. Motion Carried 5-0. SP-88l9 Miniwarehouse Building 3103 Hibiscus Drive(3l03 India Palm Drive) Formerly SP-8727: Mrs. Blazi read the memo regarding the correct address for the project which should be 3103 India Palm Drive. The proper setbacks were then discussed. Mrs. Plaskett stated Mr. Ong believed there should be two (2) front setbacks and two (2) side setbacks. (no rear setback) Mr. Geil stated he could shift the building if needed to meet the required setbacks since the building address had changed. After some discussion, Mr. Klein moved to table this until February 23, 1989, so the City Attorney could be present to discuss the interpretation regarding miniwarehouses. Mr. Bennington seconded. Motion Carried 5-0. DISCUSSION ITEMS: The members discussed the lack of minutes and the lack of time available to the Secretary to do minutes. The Agency asked why Mr. Ong was not available for this meeting. Mrs. Plaskett stated Mr. Ong told her to relay to the members that he was "stressed out, tired, and meetinged out." After some discussion, Mrs. Blazi passed the gavel to Mrs. Martin. Mrs. Blazi moved to send a memo to Mr. Ong regarding Ordinance 88-0-8 which formed the Agency, to refer Mr. Ong to Florida Statute which requires the Agency, but not a City Planner, to inform Mr. Ong it is not his job to interpret ordinances, and by charter, Section 23, that is the City Attorney's job, and that of all the meetings he is to attend the Agency meeting should be of the highest priority. She added the City Manager and Council should receIve a copy of the memo. Mr. Bennington seconded the motion. Motion Carried 5-0. The Agency discussed recommending Mr. Bennington for another term, and they felt the members of the Agency should have some say as to who they would be working with as far as members were concerned. Mr. Bennington and Mr. Klein believed Council should have the final say, but should be able to come to the Agency if they needed to. The members discussed the joint meeting with Council on February 16, 1989 at 7:00 p.m., and Mrs. Blazi's involvement with the consultants meeting from Reynolds, Smith and Hills regarding the comprehensive plan. The Agency discussed the need to update the sign ordinance. They also discussed miniwarehouses, car sales at Edgewater Quick Lube, advertising signs for Old Tyme General Store, lighting for Hardees, and discussed some form of checking up on site plans approved with conditions. There being no further business to come before the Agency, Mr. Garthwaite moved to adjourn, seconded by Mrs. Martin. The meeting adjourned at app- roximately 9:25 p.m. Land Development and Regulatory Agency Regular Meeting Page 2 Thursday, February 9, 1989