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11-01-1988 ~ ~ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING TUESDAY, NOVEMBER 1, 1988 7:00 P.M. CONFERENCE ROOM, CITY HALL Vice-Chairman Louise Martin called to order a regular meeting of the Land Development and Regulatory Agency at 7:00 p.m., Tuesday, November 1, 1988, in the conference room of City Hall. ROLL CALL: Members present were Mr. Bennington, Mrs. Glover, Mr. Klein, Mr. Mackie and Mrs. Martin. Also present were Lynne Plaskett, Planning Assistant/Grant Administrator, and Beverly Kinney, Secretary. Mrs. Blazi and Mr. Garthwaite were excused. APPROVAL OF MINUTES: There were no minutes to be presented for approval. SPECIAL EXCEPTION: John Montgomery Unmanned Telecommunication Facility R-4 District 114 W. Ocean Avenue: Mr. Montgomery explained the facility would help detect trouble in the immediate area. The Board discussed landscaping for this facility and a similar facility on Cocoa Palm Drive. Mr. Klein moved to approve the special exception, and that application for site plan would have to be made, and the site plan should include a detailed landscape plan. Mr. Bennington seconded. Motion Carried 5-0. VARIANCE: Donnie Williams Five (5) Foot Variance From The Required Fifty (50) Feet To Allow An Existing Nonconforming Portion Of A Structure To Remain B-5 District Florida Shores Plaza: Mr. Williams ex- plained the site had been recently surveyed for refinancing, and an encroachment into a setback was found. He stated there was now a cloud on the title, and refinancing was being delayed pending action from the City. Mr. Bennington moved to approve the variance as it was caused by the City (Building Official). Mrs. Glover seconded the motion. Motion Carried 5-0. MISCELLANEOUS: Michael Brewer, Attorney Proposed New Right-Of-Way Of Seventy (70) Feet Located North Of Flagler Avenue P.I.D. District: Mr. Brewer explained the State would not give a right-of-way to private individuals, but would give it to the City, if the City requested it. Mr. Brewer stated the right-of-way was needed to gain access to a platted subdivision in the P.I.D. district. He added the developers and affected property owners would be re- sponsible for putting in the road, and the City would have no obligation. It was noted the right-of-way of seventy (70) feet would continue to Park Avenue. Mr. Brewer stated the developers want to develop the land as zoned (P.I.D.), and ultimately have an industrial park at that location. Mrs. Glover moved to send a request for the right-of-way to the Council so they could request the same from the State. Mr. Bennington seconded. Motion Carried 4-1. Mr. Klein voted no. Glenn Storch, Attorney Radnor Development Agreement To Allow Construction Trailer/Service Building B-3 Edgewater Landing Phase II: Mary Hansen, Attorney was present for Glenn Storch. Mrs. Plaskett read a legal opinion given her by the City Attorney. Ms. Hansen explained the building was temporary at this point, to be used during the construction of phase I. The Board discussed putting a time limit on the structure, and that the building would be addressed in more detail when the developer applied for approval of phase II. Mr. Klein moved to approve the construction trailer/ Q o ~ service building for a period of one (1) year, and when phase II comes in for approval the temporary structure must be made either permanent, or be done away with. Mr. Mackie seconded. Motion Carried 5-0. Robert Fritz Occupational License Application Interpretation Of Permitted Uses In B-2 District: Mrs. Plaskett read a legal opinion from the City Attorney. Mr. Fritz felt he should be listed as light manufacturing with three (3) employees or less. He stated he would be using a compressor just as many other businesses in the district did, and he would use polyester resin and gel coat. After much discussion Mr. Bennington stated he could not see how the Board could deny the request without re- moving a lot of permitted uses in the B-2 district. Mr. Klein felt that because of the legal opinion from the City Attorney the Board should deny the request. Mr. Bennington moved that because of the way the code is written for B-2 it is really like I-I, and the application should be approved as a permitted use, seconded by Mrs. Glover. Motion Carried 4-1. Mr. Klein voted no. SITE PLAN: SP-8814 F. C. George, Jr. Hardee's B-5 S.W. Corner Of U.S. I And S.R. 442: Mr. George explained the building had been turned 300 to conform to the Board's ruling at their October 13, 1988, meeting. The Board discussed the landscape plan. Mr. Bennington moved to approve the final site plan, seconded by Mrs. Glover. Motion Carried 5-0. COMMUNICATIONS: Volusia County Proposed Borrow Pit: Mrs. Plaskett stated the Industrial Board and Parks and Recreation Board had made their recommendations to Council. Marie Nichols, 1016 Flagler Avenue, stated she lives behind the existing pit and does not want to see the same thing happen at the proposed site. Mr. Bennington moved that the City should acquire the property for a park, offering an appropriate price for the site, and hopefully using a grant or other type of funding to purchase the property. Mrs. Glover seconded the motion. Motion Carried 5-0. Volusia County Minimum Standards For Wetlands And Tree Protection: Mrs. Plaskett stated she needed volunteers to work on these County Ordinances. Mrs. Glover and Mr. Klein volunteered. It was agreed they would meet on Monday and Friday. CHAIRMAN/BOARD MEMBER REPORTS: Mrs. Plaskett informed the Board the revisions to County Ordinance 88-15 were nearly complete. The Board gave unanimous approval to send the completed revised County Ordinance 88-15 to Council for approval. Mrs. Plaskett stated representatives from Reynolds, Smith and Hills would be at the next meeting to update the Board on the comprehensive plan. The Board discussed the location of the proposed school. Mr. Bennington spoke about the code enforcement problem, and the package that had been sent to Mr. Kelly. He also talked about the incident with the billboard and the Building Official. He stated the Building Official didn't feel it was his job to enforce zoning ordinances. Mr. Bennington moved to inform the new City Manager regarding code enforcement and to add the billboard and the Building Official's statement about not enforcing zoning ordinances to-the list of problems. Mr. Klein seconded the motion ~otion Carried 5-0. Land Development and Regulatory Agency Regular Meeting Tuesday, November 1, 1988 -2- o o ~ Mr. Bennington asked Mrs. Plaskett to check into an easement/ alley behind SP-88l6 and SP-88l7 to make sure access shown on the plans are O.K. Mr. Clark, 1818 Evergreen Drive, spoke of code violations at his neighbors property. The Board felt the Code Enforcement Board was not doing their job, because the violation had been ongoing for quite a long time. Mr. Bennington read the Powers and Duties section of Ordinance 88-0-8, forming the Land Develop- ment Agency, which gave the Board the right to investigate code enforcement. Mr. Clark was instructed to make formal application to the Board, and he would then be placed on the Agenda. There being no further business to corne before the Board, Mr. Bennington moved to adjourn, seconded by Mr. Mackie. The meeting adjourned at approximately 8:30 p.m. Minutes respectfully submitted by Beverly Kinney, Secretary Land Development and Regulatory Agency Regular Meeting Tuesday, November 1, 1988 -3-