07-14-1988
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CITY OF EDGEWATER
LAND'DEVELOPMENT AND REGULATORY AGENCY
REGULAR MEETING
THURSDAY, JULY 14, 1988
7:00 P.M.
COMMUNITY CENTER
Chairman Nancy Blazi called to order the regular meeting of the
Land Development and Regulatory Agency at 7:00 p.m., on. Thursday,
July 14, 1988, in the Community Center.
ROLL CALL:
Members present were Mr. Bennington, Mrs. Blazi, Mr. Garthwaite,
Mr. Hardester, Mr. Klein and Mrs. Martin. Mrs. Glover arrived
at 7:10 p.m.. Also present were Lynne Plaskett, Planning Assistant/
Grant Administrator and Beverly Kinney, Secretary.
Mrs. Blazi thanked everyone for their thoughtfulness during her
recent hospitalization and recooperation.
MINUTES:
The minutes of May 12, 1988, were presented for approval. Mr.
Bennington moved to table, seconded by Mr. Garthwaite. Motion
Carried 6-0.
Mrs. Blazi asked for a motion to hear the County's proposal regarding
a shell pit on Mango Tree Drive and 12th Street. Mrs. Martin so moved,
seconded by Mr. Bennington. Motion Carried 6-0.
VOLUSIA COUNTY:
Borrow Pit: Torn McClelland and George Flack were present. Mr. McClelland
stated the County was now considering combining the D.O.T. pit and
the proposed pit. He stated there would be a three hundred (300) foot
buffer on Mango Tree Drive, and a one hundred (100) foot buffer on 12th
Street. An artist rendering was presented to the Board to show what
could be done with the property when the pit was exhausted. The Board
discussed the working hours of the pit and the natural vegitation
buffer. It was noted some of the existing trees had been cleared, but
Mr. McClelland stated the area could be replanted. The Board discussed
the depths of the existing County and D.O.T. pits. Mrs. Martin moved
that the Board recommend the project to Council, seconded by Mr.
Garthwaite. Motion Carried 7-0.
REZONING:
Edward Mull Current R-1B Request B-2, R-4 or R-S Lots 49-62 Banyon
Tree Drive: The Board discussed rezoning this property commercial,
and were concerned because it would still be single family abutting
commercial. The Board discussed the need for a buffer between the
current commercial and residential zoning. Mr. Mull stated the property
owners involved with the request felt their properties were not good
or sellable under current conditions, and would be happy with a multi-
family zoning. The Board discussed the zoning problems in Florida
Shores and the upcoming work regarding the land use plan for the City's
Comprehensive Plan. The Board discussed refering the request to the
City Attorney to make sure this would not constitute spot zoning and
that it would not be in conflict with the zoning code. Mrs. Martin
moved to table this pending the City Attorney's interpretation regarding
spot zoning and any possible conflict with the zoning code. Mrs.
Glover seconded. Motion Carried 7-0.
STREET VACATION:
Earl Wallace Current B-2 Request vacation of 33rd Street Right-Of-Way
from India Palm Drive to F.E.C. Railroad Right-of-Way: The Board dis-
cussed the department head comments, and agreed there would be no
benefit to the City by granting the request. The Board discussed other
uses the City may have for the property in the future, and agreed it
was against City policy to vacate land without at least retaining the
deed for parks, etc. Mr. Klein moved to deny the request, seconded
by Mr. Garthwaite. Motion Carried 7-0.
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VARIANCE REQUESTS:
L. Lanchoney Single Car Garage 110 Lincoln Road: Mrs. Lanchoney
was present. The Board discussed the police report done by Lt.
Britain. The Board discussed the verbatim minutes regarding the
site plan for Enjoi Miniature Golf Course from the August 20, 1988,
meeting of the Planning and Zoning Board, provided by Mrs. Lanchoney.
The minutes reflected a discussion about the lights and the fence.
The Board discussed the lights and the fence with Mrs. Lanchoney and
Mr. Earl Wallace, representative for Enjoi at the time the site plan
was approved. There was also a discussion regarding the lack of
enforcement of current City codes. Mr. Bennington moved to deny the
variance, that the Building Official be directed to go out and enforce
the landscaping buffer and refer to the minutes of August 20, 1988,
regarding the lights. Mrs. Martin seconded. After some discussion,
Mrs. Martin withdrew her second. The motion died for the lack of a
second. Mr. Bennington moved to deny the variance for the garage,
because it does not meet the criteria for the variance, and it will
not solve the problem. Mr. Garthwaite seconded. Motion Carried 5-2.
Mr. Klein and Mrs. Martin voted no.
The Board discussed a letter sent to the Interim City Manager, Mr.
Kelly, regarding the lack of code enforcement. The Board discussed
holding a special meeting with Mr. Kelly to discuss the lack of
code enforcement. Mrs. Blazi volunteered to contact Mr. Kelly, with
the Board's permission, to set up a meeting as soon as possible. Mr.
Hardester so moved, seconded by Mr. Klein. Motion Carried 7-0. Mr.
Klein moved to have the City Attorney present at the meeting. Mr.
Bennington seconded. The Board agreed on a 10:00 a.m. meeting time,
with the date to be determined. Motion Carried 7-0.
Clyde W. Pierce Burger King Variance from Sign Ordinance: Mr. Pierce
requested this item be tabled_until notification to abutting property
owners could be given. Mrs. Martin so moved, seconded by Mr. Bennington.
Motion Carried 7-0.
SITE PLANS:
SP-8807 Burger King B-3 1710 South Ridgewood Avenue: The plan
showed the proposed Burger King, phase I, and convenience store,
phase II. The Board went through the department head checklist.
The Board discussed deceleration lanes, average amount of vehicular
traffic per day, lighting for the site, landscaping and the intercom
system placement for the drive through area. There was a discussion
regarding the loading/off-loading area, placement of the dumpster,
and the buffer to separate commercial from residential zoning. Mr.
Garthwaite moved to approve the preliminary site plan for phase I
(restaurant only) provided the dumpster was relocated to the side of
the lot, the intercom system was moved forward toward the highway,
and the light did not interfere with adjacent property owners. Mrs.
Glover seconded. Motion Carried 5-2 with Mr. Bennington and Mr.
Hardester voting no.
The Board took a break at 9:00 p.m. The meeting resumed at 9:11 p.m.
SP-8808 Winn Dixie Addition B-5 Florida Shores Plaza: James Downs
was the representative for Winn Dixie. The Board reviewed the depart-
ment head comments. They discussed landscaping, fencing, loading/
off-loading for the store, and the two (2) way drive in front of the
store. Mr. Klein asked to have Council render a decision regarding
an eight (8) foot high fence in lieu of a six (6) foot high fence,
because of the height restriction in the Code of Ordinances. Mr.
Bennington moved to approve the site plan provided there is proper
loading/off-loading for the site at the rear of the building, not used
for the storage of semi-trailers, a landscape buffer of twenty-five (25)
feet be provided as an attractive land use transition to reduce sight,
glare and noise intrusion (something nice and solid) with a six (6) foot
high fence. The motion was seconded by Mrs. Glover. Motion Carried 6-1.
Mr. Klein voted no, because he felt the fence should be eight (8) feet
in height.
Land Development and ~egulatory Agency
Regular Meeting
Thursday, July 14, 1988
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SP-8809 Belmont Plaza B-S Falcon Avenue and U.S. 1: Mr. Luis Geil
was present to represent Belmont Plaza. Mrs. Blazi read into the
record a temporary injunction filed by the homeowner association of
Pelican Cove West against James and Rosemary Carder and Belmont Homes.
After some discussion the Board decided to table this site plan until
the injunction was lifted. Mr. Klein so moved, seconded by Mrs.
Martin. Motion Carried 6-0. Mr. Hardester did not vote due to a
conflict of interest.
SP-88l0 Metal Building B-2 2018 Guava Drive: Mr. Geil was the
representative for this project. The Board discussed the building, with
two (2) units, parking, landscaping, swales and trees. The Board also
discussed the occupational licensing procedures currently in use.
There was quite a discussion about loading/off-loading areas. The
Board discussed section 700.02, and the contradiction in the Code.
They discussed getting a legal interpretation from the City Attorney
regarding the intent. Mr. Klein moved to table pending an opinion
from the City Attorney regarding loading/off-loading areas per section
700.02. Mrs. Glover seconded. Motion Carried 7-0. Mr. Bennington
read section 14-77, landscaping, into the record and the Board
discussed the definition of a buffer.
SP-88ll B & S Industries B-2 Guava Drive between 19th & 20th Streets:
Mr. Earl Wallace represented B & S Industries. The Board discussed the
three (3) units in the building and parking. The Board reviewed the
department head comments. Mr. Wallace explained that B & S Industries
was a recycling distribution center. Each unit of the new building
would hold one type of recyclable material to be picked up and taken
to another location for the recycling process. There was some discussion
about the loading/off-loading area for the building. Mrs. Martin
moved to approve the site plan, seconded by Mrs. Glover. Motion Carried
7-0. .
SP-88l2 Florida Shores Real Estate B-3 Relocation of building to
North side of S.R. 442 and Alamanda Drive: Attorney Bob Trumbo was
present to represent Mr. Donnie Williams. The Board discussed the
Alamanda Drive right-of-way, the need for a ten (10) foot planted
landscape buffer, and the signing of a paving agreement with the City.
Mr. Trumbo and the Board debated the landscaping requirements in
Sections 14-77 and 200.00. The Board disucssed the fact that Mr.
Williams had missed the date for submittal of site plans to the
Planning Department, and at the request of Mr. Kelly, the site plan
had been placed on the agenda. Mr. Klein moved to send a letter to
Mr. Kelly asking that he abide by the Planning Department cut-off
dates for submittal. Mr. Bennington seconded. Motion Carried 7-0.
Mr. Bennington moved to table the site plan until he was satisfied
with the amount of shrubs shown on a landscape plan for the required
ten (10) foot landscape buffer. Mr. Klein seconded. The Board
discussed approveing the site plan pending the landscaping plan being
done properly and approved by the Planning Assistant. Mr. Bennington
withdrew his motion. Mr. Klein withdrew his second. Mrs. Glover
moved to accept the site plan provided the landscape buffer is done
correctly and approved by the Planning Assistant. Mr. Garthwaite
seconded. Motion Carried 7-0.
SUBDIVISION:
SD-8802 Belmont's Riverview R-2 Final Plat Approval Part of Gov't
Lot 5 Riverside Drive: Mr. Ed Hall, Jr. represented Belmont's River-
view subdivsion. The Board discussed sidewalks, and Mr. Hall agreed
to install sidewalks as shown on the construction plans. It was noted
the changes requested by the City Engineer had been done, and were
shown on the final plat. Mrs. Martin moved to approve the final plat
of Belmont's Riverview subdivision, seconded by Mrs. Glover. Motion
Carried 7-0.
Mrs. Blazi asked the Board to consider two (2) meetings a month, as
it was already 11:00 p.m., and there was still old business, new
business, communications and officer/Board member reports to go .through
on the agenda. The Board discussed this briefly, and decided to
handle it at a later date.
Land Development and Regulatory Agency
Regular Meeting
Thursday, July 14, 1988
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NEW BUSINESS:
Sheds in Commercial Zones: The Board discussed sections 300.00,
707.00, and 715.02 of the Code of Ordinances. Mrs. Plaskett asked
the Board to determine whether a shed constitutes a structure, and
would a shed need site plan approval. After some discussion, the
Board decided to bring this issue up at a later date. The Board
also discussed a shed that was put up in the B-2 district containing
flammable materials. Mrs. Strong, resident of Florida Shores, stated
she was concerned for her safety, because she lives very near the
location of the shed, and the contents could explode.
OLD BUSINESS:
Outdoor Display/Storage Revisions to Draft Ordinance:
moved to approve this draft, seconded by Mrs. Martin.
7-0.
Mr. Bennington
Motion Carried
Mr. Klein left the meeting.
Mr. Bennington moved to table the remaining items on the agenda.
Mrs. Glover seconded. Motion Carried 6-0.
There being-no further business to come before the Board, the meeting
was duly adjourned at 11:20 p.m.
Minutes Respectfully submitted by:
Beverly Kinney
Land Development and Regulatory Agency
Regular Meeting
Thursday, July 14, 1988
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-,"' .fORM 8B MEM~RANDUM OF VOTINOCONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDU: NAME
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MY POSITION IS:
i.; ELECTIVE X APPOINTIVE
WHO MUST-FILE FORM I.
This form is for use by any person serving al the county, cily, or other local level of government on an appointed or elected board,
council, commission, authority, or commiUee. 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 staling to the assembly the nature of your interest in the measure on
which you are abslaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by complcling and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive COUnly, 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 matter in which he has a conflict 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 INFWENCE 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 10 the olher 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.
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION 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 LOCAL OFFICEI'SIN1IREIT
I,~~~ 9f/~~~~?2~ ,hereby disclose that on ...~/ / r/
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(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.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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Signature /' / .
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f1l2.317 (1985), A FAIWRE 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 55,000.
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