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12-22-1988 .. "i o o v~ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, DECEMBER 22, 1988 10:00 A.M. COMMUNITY CENTER Chairman Nancy Blazi called to order a regular meeting of the Land Development and Regulatory Agency at 10:00 a.m., Thursday, December 22, 1988, in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mrs. Blazi, Mr. Garthwaite, Mrs. Glover, Mr. Mackie, and Mrs. Martin. Also present were Mr. Joseph Ong, Planning and Zoning Director, Lynne Plaskett, Planning Assistant/Grant Administrator, and Beverly Kinney, Secretary. Mr. Klein was excused. Mr. Ong, Planning and Zoning Director was introduced to the Agency. APPROVAL OF MINUTES: The minutes of November 29, 1988, were presented for approval. Mrs. Glover moved to approve the minutes, seconded by Mrs. Martin. Motion passed 5-1. Mr. Garthwaite voted no. NEW ITEMS: Mr. Mackie moved to have item 8 of the agenda placed before item 4. Mrs. Glover seconded. Motion Carried 6-0. Sketch Plan United Methodist Church 211 N. Ridgewood Avenue: The Agency went through the Department Head comments. There was discussion about vehicles being parked on the grass at the church for many years, runoff of stormwater into the river, and the fact that the church operates mainly on Sunday with occasional use during the week. Mr. Ong stated that the "deferred paving waivers" currently being used by the City was poor planning, retention of stormwater is required by St. Johns "and discussed grading, drainage, paving, necessary curbing and gutters. Mr. Sturgeon, authorized agent for the church, addressed the comments made by the Fire Safety Inspector. He also stated the church would prefer a gravel parking area in lieu of pavement with a grass drive for an unlimited amount of time. It was pointed out that the lowest point of the church property gets all the runoff from U.S. 1 and Lamont Street which filters out the impurities before running into the river. There was some discussion about a variance, but it was believed they would not be able to meet the criteria. Turf block and other pervious types of surfaces were discussed as opposed to a paving waiver. Ed Lytle believed the church parking area was only used about three (3) hours a week and should not require paving. Reverend Hardin stated people like to park their cars under the trees and believed trees would be lost if paving was done. Reverend Zimmerman talked about County Ordinance 88-15 which he believed superceded City Code. There was discussion about trying to preserve the natural beauty of the site and environmental concerns. The Agency discussed working on a comprimise with the church. Mr. Garthwaite moved that the parties involved go to the Planner to work something out prior to corning back to the Agency for site plan approval. Mr. Mackie seconded. Motion Carried 6-0. A break was called at 10:50 a.m.. The meeting was called back to order at 11:05 a.m. .. (.) o Additional Library Parking 103 Indian River Boulevard discussed with SP-88l2 Help-U-Sell Revised Site Plan N.E. Corner of Alamanda Drive and Indian River Boulevard: Mr. Donnie Williams, authorized agent for Help-U-Sell requested permission to utilize the right-of-way on Alamanda ___ Drive for his bus ine s s since Mr. Ferrara, City Engineer had drawn a sketch to utilize the Alamanda right-of-way for library overflow parking. The Agency discussed the legal aspects of sharing the right- of-way. After much discussion Mrs. Martin moved to request the City Attorney's opinion regarding the proper procedures to cover the lessee (Help-U-Sell) and the City, and future legal responsibilites. She also added that the City Attorney should be made aware that Mr. Williams has a five (5) year lease with an escape clause. Motion Carried 6-0. SP-8821 Neptune Lounge Corner of U.S. 1 and E. Knapp Avenue: Mr. William Perry requested site plan approval for a walk-in-cooler. The Agency went through the Department Head comments. Mrs. Plaskett stated the building did not meet the current setback requirements in the B-3 district. After discussion regarding the setbacks, Mrs. Martin moved to have Mr. Perry apply for a variance, seconded by Mrs. Glover. Motion Carried 6-0. SP-8822 Amended SP-8532 3001-3017 India Palm Drive: Mrs. Blazi read a memo from the Planning Department. Mr. Ong stated he had gone to the site and believed the stormwater retention had not been supplied as per the approved site plan (SP-8532). Mr. Geil stated it would be done at the time of paving. Mr. Ong also stated there was no certification from the engineer of record, no occupational license for the warehouses, no fence as required, no stormwater retention and noi: St. Johns permit as required by state law. Mr. Bennington added the six inch (6") curbing had not been poured. Mr. Geil stated the revised plan was showing one (1) less warehouse than on the original plan. The space would be used for additional required parking. Mr. Ong pointed out St. Johns could shut down the business for not complying with state law. Mr. Geil stated there were other projects he had been involved with that did not have stormwater retention, because it was going to be done at the time of paving. After further discussion Mr. Bennington moved to table this until all criteria brought up by the Planner have been met. Mrs. Martin seconded the motion. Motion Carried 6-0. Rezoning Request Ranken Property East Side of U.S. 1 Abutting Edgewater Landing: The Agency went through the Department Head comments. There were no questions from the members. After a short discussion with Mr. Glenn Storch, authorized agent, Mr. Garthwaite moved to recommend Council approve the rezoning request of approximately 13.04 acres from County B-4/R-3 to City B-3/MH-2. Mrs. Glover seconded. Motion Carried 6-0. Utility and Drainage Easement Vacation Lots 133 and 134 Wildwood Subdivision: The Agency went through the Department Head comments. All Department heads recommended approval, but the City Engineer's comments were pending. After some discussion Mr. Mackie moved to recommend approval with a copy of the City Engineers comments to the City Council. Motion seconded by Mrs. Glover. Motion Carried 6-0. Zoning Text Amendment Paint Production Business in I-I and 1-2 Zoning District: The Agency went through the Department Head comments. There was some discussion as to whether a zoning text amendment was needed since Mr. Schweizer, authorized agent, stated Coronado Paint would be enlarging their site for administrative offices and storage. The Agency discussed the 1-2 zoned areas of the City, and allowing paint production as a special exception in the I-I district. The Agency discussed the possible hazardous materials at the site. Mr. Ong stated he believed the City should want to work with this company as they are the largest employer in the City, and believed this should be listed as a special exception in the 1-2 district. Mr. Bennington moved to recommend City Council approve paint manufacturing as a special exception in the 1-2 district, but not the I-I district. Motion Carried 6 - o. Land Development and Regulatory Agency Regular Meeting Thursday, December 22, 1988 Page 2 ~. Q o Zoning Text Amendment Restaurants in the 1-1 District: Mrs. B1azi read the memo from the City Manager which stated the Agency's former approval of restaurants in the 1-1 district along Park Avenue only was discriminatory, and the Agency needed to review its decision. There were no questions, and the members noted the Department Heads comments recommended approval of restaurants in the 1-1 district. Mrs. Martin moved to recommend that Council allow restaurants in the 1-1 district as a permitted use, seconded by Mr. Mackie. Motion Carried 6-0. Draft Letter From Nancy Blazi to City Manager and Council: The draft letter pertained to alleged code violations. Mrs. Plaskett read the draft to the Agency. The members agreed with the wording, and there were no questions regarding the letter. Mrs. Glover moved to send the letter to the City Manager and City Council from the Agency, seconded by Mr. Mackie. Motion Carried 6-0. Draft Ordinance 88-0-32: The draft ordinance presented was to amend Section 606.04, B-5 Planned Shopping Center District, to allow indoor flea markets as a special exception. The members went through the draft. Mr. Ong noted other restrictions could be placed on each special exception granted if necessary. Mr. Mackie moved to recommend approval of the draft ordinance with the wording all parking areas to be paved in lieu of the wording presented to the Agency for Item five (5). Mrs. Glover seconded the motion. Motion Carried 6-0. Draft Ordinance 88-0-: The draft ordinance presented was to amend Sections 200.00, 606.02 (a) (d), and 606.04(c) regarding outdoor display. The Agency discussed the proposed ordinance, and Mr. Garthwaite moved to have the Planner review the ordinance and report to the Agency after the first of the year. Mr. Mackie seconded the motion. Motion Carried 6-0. Draft Resolution 88-R-63: The draft resolution presented was to adopt a written policy of not vacating rights-of-way. There was some dis- cussion among the members. Mr. Bennington moved to recommend no change to current city policy regarding this issue, seconded by Mrs. Martin. Motion Carried 6-0. The members agreed that each request should be handled on an individual basis. DISCUSSION ITEMS: The members discussed Florida Shores Plaza and the extra-curricular activities taking place in the parking lot, ie: car sales. The members requested Mrs. Plaskett to notify Financial Capital of American, owners of the plaza, they were in violation of City Code, because they failed to receive permission from Council prior to the activities taking place. There was some discussion as to the time the next meeting would be held. The Secretary stated the 1989 schedule was being created and a time slot needed to be set aside for meetings. The members agreed on Thursday, January 4, 1989, at 6:00 p.m. It was decided that all regular meetings would be held at 6:00 p.m. The members discussed the need for a traffic light at the intersection of Roberts Road and U.S.1. They also agreed the cost should be shared by the developers in the area. There being no further business to corne before the Agency, Mr Mackie moved to adjourn, seconded by Mrs. Glover. The meeting adjourned at approximately 1:30 p.m. Minutes respectfully submitted by: Beverly Kinney Land Development and Regulatory Agency Regular Meeting Thursday, December 22, 1988 Page 3