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09-22-1988 Q ~ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, SEPTEMBER 22, 1988 7:00 P.M. COMMUNITY CENTER Chairman Nancy Blazi called to order a regular meeting of the Land Development and Regulatory Agency at 7:05 p.m., Thursday, September 22, 1988, in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mrs. B1azi, Mr. Garthwaite, Mrs. Glover, Mr. Hardester and Mrs. Martin. Beverly Kinney, Secretary was also present. Mr. Klein was excused. Mr. Hardester gave his verbal resignation to the Board and thanked them for the opportunity of working on the Board. Mr. Hardester then excused himself from the rest of the meeting. APPROVAL OF MINUTES: August 18, 1988 Special Meeting: There were not enough members present from that meeting to approve the minutes. September 8, 1988 Regular Meeting: Mr. Garthwaite moved to approve, seconded by Mrs. Glover. Motion passed 5-0. VARIANCE: Judson Woods, Jr., Esquire 116 N. Ridgewood Avenue B-3 Variance from Parking Regulations: Mr. Woods gave a brief history of the occupancy of the building. The Board discussed alternative to paving the requested five (5) parking stalls fromt he required nine (9) stalls. The Board discussed the wall on the South side of the property. Mr. Woods stated it would be redone. Mrs. Glover moved to grant the variance of four (4) parking stalls. Mrs. Martin seconded. Motion Carried 5-0. Mrs. Blazi and Mrs. Martin filed a Conflict of Interest. Paving of Parking West Side of U.S. 1: The Board discussed different forms of providing an acceptable surface for parking areas on the West side of U.S.1, because they are concerned about the pollution from storm-water run-off into the river. Mrs. Plaskett had recommended that Mr. Woods pave the parking area within on (1) year if the variance was granted. Mr. Bennington moved that Mr. Woods~shall either pave- with concrete, asphalt, or pervious concrete or use decorative block or paving block within one (1) year from the granting of the variance in the area designated for parking at 116 N. Ridgewood Avenue. Mr. Garthwaite seconded. Motion Carried 5-0. ZONING TEXT AMENDMENT: Frank Elliott Request to Allow Restaurants in the 1-1 District as a Permitted Use: Mr. Elliott explained he is considering an existing structure (Big Frank's Trading Post). He stated there is enough property to meet the parking requirements for a restaurant. The Board discussed the various locations of 1-1 in the City. They discussed the future land use map, and the fact that the area is shown as commercial. The Board informed Mr. Elliott if the use is to be approved, he would be required to come back for site plan approval. Mr. Bennington moved to recommend City Council authorize restaurants as a permitted use in the 1-1 district on Park Avenue only, which is compatible with the future land use map. Mrs. Martin seconded. Motion Carried 5-0. Q o REQUEST TO CROSS BUFFER: Tony Pawlak Parcel 2 of the Windsor Unrecorded Subdivision Glenwood Drive R-l District: Mrs. Blazi read through the Department Head comments. It was noted the property had been annexed into the City some time ago. After some discussion, the Board agreed the buffer should have been vacated at the time of annexation, and moved to the rear of the subdivision. Mr. Garthwaite so moved, seconded by Mr. Bennington. Motion Carried 5-0. ANNEXATON/REZONING: Glenn Storch, Esquire Parcel 2 & Parcel 3 11.98 Acres Ranken Drive & U.S. 1 (East Side) County B-4/R-3 to City MH-2: The Board went through the Department Head comments. Mr. Storch explained the property was under contract by Radnor Corp. to include as phase III of Edgewater Landing if the annexation and rezoning were approved. There was a discussion about bringing all of the Ranken property in at the same time. Mr. Storch explained that certain pieces had been sold off, but every effort was being made to bring the rest of the property into the City as soon as possible. The Board also discussed enclaves, and the availability of services. Mr. Storch stated he understood if the utilities were not available they would have to waite to develop the property until the City could service the area. Mrs. Martin moved to recommend approval to the Council of the annex- ation and rezoning to MH-2 as requested by the applicant. Mrs. Glover seconded. Motion Carried 4-1. Mr. Bennington voted no. SPECIAL EXCEPTION: Charlie George, Jr. Hardee's Restaurant B-5 S.W. Corner of U.S. 1 and S.R. 442: The Board was informed Mr. George had temporarily withdrawn his application. SITE PLAN: Charlie George, Jr. Hardee's Restaurant B-5 S.W. Corner of U.S. 1 and S.R. 442: The Board was informed Mr. George had temporarily withdrawn his application. SKETCH PLAN: J.C. Carder Club House & Pool 1.14 Acres Falcon Avenue R-4: Mr. Carder failed to appear for the meeting, but many residents of Pelican Cove West were present. Mrs. Blazi opened the floor for discussion to include the members of the audience. Eileen Lloyd, Harold Hardester and John Scherz of Pelican Cove West Subdivision stated they were concerned with the ingress/egress provided on the sketch plan, the traffic problem that would be caused, and the lighting and fencing of the facility. Mr. Hardester pointed out on September 14, 1988, Judge Johnson heard litigation and was to render a decision regarding the Carder's and Belmont Homes liability for the club house and pool for Pelican Cove West subdivision. He also felt Mr. Carder was not very sincere in his efforts, because he didn't bother to show up and discuss this issue with the Board. Mr. Sherz compared the facilities being offered at Pelican Cove West and the facilities available at Hacienda Del Sol. After some discussion, the Board took no formal action on this sketch plan, but agreed it was to be sent back to Mr. Carder, was not acceptable to the Board, and did not meet the occupancy load requirements of the "Life Safety Code." COMMUNICATIONS: Dennis Kelly, Interim City Manager Report on Code Enforcement: The Board was informed Mr. Kelly would not be able to attend the meeting due to an emergency situation with one of the Departments. Land Development and Regulatory Agency Regular Meeting Thursday, September 22, 1988 -2- o o COMMUNICATIONS continued: Chairman Reports: Mrs. Blazi stated Mr. Donnie Williams had contacted her regarding Florida Shores Plaza. Mr. Williams was present, and Mrs. Blazi asked him to address the Board. Mr. Williams stated a recent survey had been done of the Plaza and it was found that the corner of the building housing "Little Ceasers Pizza" was encroaching five (5) feet into the setback area. He was asking the Board if this could be handled administratively, or if he would need to apply for a variance. After some discussion, the Board felt the City Attorney would have to determine what would be required. Board Member Reports: The Board discussed the current parking ordinance as it related to paving. The Board again stated their concerns of polluting the river with storm-water run-off. The Board discussed car sales, carnivals, etc., that went on in the parking lot of Florida Shores Plaza without permission of the City Council. Mrs. Glover moved to have Council notify the representative of Florida Shores Plaza that prior approval from City Council is required when the plaza parking area is used for extracurricular activities. Mrs. Martin seconded. Motion Carried 5-0. There was some discussion regarding the Burger King project. The Board also discussed the need to demolish some structures in the City that are unsafe. There being no further business to corne before the Board, Mrs. Martin moved to adjourn, seconded by Mrs. Glover. The meeting was adjourned at approximately 8:45 p.m. Minutes respectfully submitted by: Beverly Kinney, Secretary Land Development and Regulatory Agency Regular Meeting Thursday, September 22, 1988 -3- )J (J.tU C lj L- l~" ~ORM 8B MEMr~ANDUM OF VOTIN~~ONFLICT FOR "COUNTY, MUNICIPA, AND 'OTHER' LOCAL'PUBLIC OFFICERS USl NAMl'-F1RST NAMI:-MIDOLE NAME ffi;:J z./ )//7 /l! ~ ~ t MAILING AOORE:SS / t7 0- rYP(! /J IV e f) 0 'f:- COUNTY v:;Jas; 19 ; : OTHER UXAL AGENCY WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although tne use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by'publicl) stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording \ the minutes of the meeting. who should incorporate-the form in the minutes. APPOI'TED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a mailer in which he has a connict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (, I (1~\1 "II 111.11/, PAGI: I .;.~;~ MAKE N~ ATTEMPT TO IN;QENCE THE DECISION EXCEPT BY DIS OSSION OR VOTE AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, fiAU"j~j}t':1" ,hereby disclose thaI 00 /+. .;J-'?-- (a) A measure came or will come before my agency which (check one) ,19~: _ inured to my special private gain; or , . _ inured to the special gain of , by whom I am retained. (~) The measure before my agency and the nature of my interest in the measure is as follows: ,-<.-A o...tirfr ~ Signature / t~ f3J,&/ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 88 . 10.86 PAGE 2 ~ .. '- C)~ '''-I' lei -;- IU .' .' ~FORM 8B MEMr.!lANDUM OF VOTIN<r~CONFLICT FOR .COUNTY, MUNICIPA, AND 'OTHER' LOCAL PUBLIC OFFICERS tASl NAML:-F1RST NAMl:-MIDL>LE NAME L {)~ISe ,4'fheL a MAILING AL>L>RESS , 5. Q \ 1M#?' d..e. by fY\~r-7;w NAMI: OF BOARD~OlJNC}t-"COMMISSION, AlJTHORITY, OR COMMITTEE L. J:- ~ u. rj THE BOARD. COUNCIl., COMMISSION, A THORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: DATE ON 'HICH VOTE OCCURRED r "Yy~ff ~( lCOUNH {; c/ lASI-c' COUNTY ; : OTHER LOCAL AGENCY D CITY .€ u...k (L NAME or POLITICAL SUBDIVISION: b MY POSITION I~ VILe ~o ~~: ELECTIVI: WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by'publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting. who should incorporate- the form in the minutes. APPOI~TED OFFICERS: A person holding appointive county. municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also b prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any atlemptlO influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any attempt 10 influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be prO\'ided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the mailer in which you have a conflict of interest. (I HIll\! ~Il 1ll~1, PAGl I ,.;:~. '. . - "li:"YOU'MAKE NO ATfEMPTTO INF NCE THE DECISION EXCEPT BY DIS SSION OR VOTE AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST LorIA.. (S(' 4-. ht !1-f?-7 ,r~ , hereby disclose that on r,- 2-"V ,19'6?' : I, (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (~) The measure before my agency and the nature of my interest in the measure is as follows: :r MC\I\^-~'V\ ~ \~d\v") .L~cJ) (As, l'VL~ r-e t'SdK cJ La~v 7,vv--ff ~ 42.1~d: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FOR\l 88 . 10.86 PAGE 2