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12-18-1995 - Regular 'W' ."" . CITY COUNCIL OF EDGEWATER DECEMBER 18, 1995 REGULAR MEETING 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Jack Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Lisa Kruckmeyer Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Excused Present Present INVOCATION. PLEDGE OF ALLEGIANCE Due to Rev. Boldt, Edgewater Alliance Church, not being present, there was a silent invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Hays Councilman Hays spoke regarding the Water Supply Cooperative aquifer partnership and the participating members. He had a handout that he asked the secretary to make copies of and place in the Council mailboxes. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Hatfield Councilman Hatfield requested if the meeting goes until 11:00 p.m. and there are still a considerable amount of items to be discussed that they adjourn and continue it to another night. Councilman Hatfield made a motion to continue the meeting to the following night at 7:00 p.m. to finish anything that has not been done by 11:00 p.m. Councilman Mitchum informed Council he would not be able to make the meeting if it is on Tuesday night but he has no problem with having the meeting if there is a quorum. The motion was seconded by Councilman Hays. The motion CARRIED 5-0. w ...", Councilwoman Martin Councilwoman Martin had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS Mayor HaYman explained the quasi-judicial and legislative proceedings they would be following. City Attorney storey explained the items that are quasi-judicial proceedings are the zoning classification changes. The Comprehensive Plan amendments, the abandonments, and the development agreements do not need to be conducted as quasi- jUdicial proceedings. City Attorney storey suggested allowing staff presentation that would encompass 5A - 5E and the comments can be incorporated into the record on each of the following public hearings. The standard of review would be different for the Comprehensive plan amendments, Items A and C. City Attorney storey explained on the zoning matters you have the seven standards of review which would be necessary for the Council to revolve their decision around. Same would be the case in public hearings regarding 95-0-20 and 95-0-21 which would allow one staff presentation and then incorporate those comments for the record on those two items and the same on 95-0-22, 95-0- 23 and the development agreement. It would take separate action by the Council on those items but she feels one staff presentation could be done to save time. Councilman Hatfield asked at what point do they make public disclosure. City Attorney Storey informed Council to do that as the initial public hearing is opened prior to any staff comments. If they had any communication with anyone on the subjects at hand, it should be disclosed prior to any presentations being made. Councilman Hatfield stated he saw citizens in the audience that may be interested in Item 5N - Outside Storage. City Attorney Storey explained staff recommendation is to continue that and not hold that public hearing this evening. It would take Council action to continue that again. City Attorney Storey informed Council they could take care of this matter now. Councilman Hatfield made a motion to continue Item 5N to the February 5th meeting, second by Councilman Hays. The motion CARRIED 5-0. A. Public hearing Ord. 95-0-16 Comprehensive Plan amendment - Coronado Paint/Snider street Mayor HaYman opened the public hearing. Councilman Hatfield announced a meeting he had with Mr. Dill and Mr. DeVoes. Mayor HaYman stated he and his father built most of the houses on W. Ocean Avenue from u.s. #1 to the railroad. He has driven the whole neighborhood in applying the seven standards. He has not spoken with any of the residents but had one phone inquiry. Mark Karet, Director of Community Development, presented his credentials. Page -2- Council Regular Meeting December 18, 1995 .... ...., Mr. Karet made a presentation regarding Items 5A - E. He explained some of his comments will also be applicable to Items 5H and 51. Mr. Karet identified the land use designations and zoning districts which surround the two parcels being discussed. Mr. Karet commented on conformance with the comprehensive plan. He then commented on the future land use element and the nine land use principles in the future land use element. Mr. Karet explained in staff's opinion, four of these nine principles are more relevant than the others for consideration with this request. He further commented on the four principles. Mr. Karet spoke about the zoning criteria. In staff's opinion the proposed rezoning will not damage the character of the surrounding area. Three of the four relevant land use principles and six of the seven zoning standards in staff's opinion have been met. Mr. Karet informed Council of the LDRA's recommendation. Mr. Karet read Item 3 of the development agreement regarding development uses permitted. city Attorney storey suggested all the presentations be heard first and any questions and then go back through each of the ordinances. Peter Heebner, General Counsel, Coronado Paint Co., informed Council that Dave Dill and Joe Martin were also available to answer any questions. He feels they have met all of the criteria for both the modifications of the comprehensive land use plan as well as to justify the rezoning of the property. Mr. Heebner informed Council they formally agreed to the language in the development agreement. Mr. Heebner made a presentation pertaining to Items 5A - 5E. James Clark Day, Snider street, spoke in opposition to the rezoning and comprehensive plan change, as well as the closing of Snider street. Judith Lichter, 826 Navigators Way, asked Mr. Karet if Coronado Paint passes on to another owner, does the agreement go with the plant. City Attorney storey stated the agreement is binding on Coronado Paint and any successors or assigns. That language is included in the development agreement. Councilman Hays stated in looking at the conceptual drawing, there is a retention area designed into this which would be to the west of Mr. Day's house which would act as a buffer zone. He feels some thought has been put into it by Mr. Martin. He feels part of Mr. Day's concerns have been addressed Barbara HutChinson, 402 Hart Avenue, recommended that Council make sure every angle is covered in the agreement since previous promises by Coronado Paint have not been kept. She asked what course of action will be taken if Coronado does not abide by the agreement. City Attorney storey explained if the agreement is not complied with then the underlying zoning change becomes null and void and the City will be able to take enforcement action either against Coronado Paint or action to enforce the development agreement. Page -3- Council Regular Meeting December 18, 1995 '-' ...", Mayor Hayman commented on the strict mandates from the state that have filtered down administratively to the City that require us to have the necessary buffering that Ms. Hutchinson made mention did not occur before. Councilman Hatfield commented on a parcel across from Coronado that has not lived up to the agreement that we made with those people. Because they have not lived up to that agreement, we have not pursued our agreement with them and will not until they do what they say they were going to do. Once Coronado gives us a development agreement, we have got the legal right to pursue them. There were no further comments at this time. Mayor Hayman informed Council they would be going into the rebuttal phase. There was no rebuttal from the staff. There was no rebuttal from the applicant. Diana Miller, 148 W. Ocean Avenue, expressed concern with the rezoning of Ocean Avenue and letting Coronado build their parking lot on the corner. Susan Cummings, 502 Old County, Miss Peggy's Day School, spoke in opposition to the request citing traffic concerns. Councilman Hays questioned the traffic being routed down Old County Road and if Ms. Cummings was referring to school traffic. He asked Chief Schumaker if there is anything in the agreement that would make Chief Schumaker believe that the traffic would increase or the risk to the people going to and from the school would be greater. Chief Schumaker did not. Councilman Hays asked if there have been any reported complaints or instances regarding the paint fumes. Mr. Karet stated we have not had any complaints directed to his office in regards to fumes. He explained that the excavation for the tank truck facility exposed underground piping and paint that was spread on the soil before environmental policies were in effect. Councilman Hays questioned there being possibly toxic materials in the ground right now. Mr. Karet explained they have a facility that vacuums underneath the soil to remove toxins and scrub the air that has been drawn through the soil. Councilman Mitchum elaborated on Ms. Cummings comment regarding losing employees because of the paint company across the street. The paint company existed when Miss Peggy's was granted a special exception to have a school at that location. Miss Peggy's chose to go to that location knowing the paint company already existed. Ms. Cummings further commented that there never was a problem until the subsequent expansion. Councilman Mitchum stated that what they have to do as a Council is deal with everyone concerned. If we would have known then what we know now, we may not have put you there. Benjamin DuBois, 135 Otter Drive, presented his credentials. He spoke in favor of the Coronado Paint expansion. Staff had no rebuttal. Page -4- Council Regular Meeting December 18, 1995 ~ ~ Mr. Heebner stated the parking lot on Ocean is not going to provide any access onto Ocean Avenue. The access is going to be on Old County and it will also be fenced. The parking lot is not designed to increase traffic it is simply to organize the parking in a proper fashion. We have not been made knowledgeable of any problems with paint fumes. Millions of dollars have been spent on our site in cleaning it up from past housekeeping practices. We are proud it is going to be resolved. There was no additional rebuttal. Mayor Hayman read Ord. 95-0-16 and then closed the public hearing. City Attorney storey explained the development agreement which is proposed limits some of the uses and obviously the comprehensive plan and the proposed zoning changes flow into that. If the Council moves forward and takes the first action on the development agreement tonight, the agreement provides that the zoning and comprehensive plan changes would be contingent upon development of that site pursuant to the development agreement. Although the Council must take separate actions, these are all pieces of the pie. city Attorney storey explained final action on the development agreement would have to take place at a later date due to it requiring two public hearings. Councilman Hays voted in opposition at last meeting. He thanked staff for their help in getting some of these things cleaned up. He feels comfortable with where they are going now. Councilman Hays made a motion to approve Ord. 95-0-16, second by Councilwoman Martin. Councilman Hatfield shared Ms. Cummings and Ms. Miller's concerns. If we didn't have some idea of what was going to be on that property at this given time, he wouldn't be approving this tonight. We are doing what we can to protect the rights of everyone. The motion CARRIED 5-0. B. Public hearing Ord. 95-0-17 Zoning classification change - Coronado Paint/Snider street Mayor Hayman read Ord. 95-0-17 and opened the public hearing. city Attorney Storey explained any comments from the staff, applicant or the public will be incorporated into this public hearing from the previous hearing. since there were no additional comments, Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 95-0-17, second by Councilwoman Martin. City Attorney Storey asked if Councilman Hatfield's motion for approval incorporates the staff recommendation by Mr. Karet in reference to the seven criteria that were discussed. Councilman Hatfield agreed to add that to the motion. Councilwoman Martin seconded the addition to the motion. The motion CARRIED 5-0. Page -5- Council Regular Meeting December 18, 1995 ~ ...." c. Public hearin9 Ord. 95-0-18 Comprehensive Plan amendment - Coronado Paint/Ocean Avenue and Old County Road Mayor HaYman read Ord. 95-0-18 and opened the public hearing. Mayor HaYman stated the comments and the information submitted in the previous two ordinances should be incorporated into the record for this ordinance as well. There were no comments at this time. Mayor HaYman closed the public hearing. Councilman Hays made a motion to approve Ord. 95-0-18, second by Councilwoman Martin. The motion CARRIED 5-0. D. Public hearin9 Ord. 95-0-19 Zonin9 classification change - Coronado Paint/Ocean Avenue and Old County Road Mayor HaYman stated this is a quasi-judicial issue. Mayor Hayman read Ord. 95-0-19 and opened the public hearing. Mayor HaYman stated comments made in the three previous hearings are to be incorporated into the record for this ordinance as well. since there were no additional comments, Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 95-0-19 including the standards set forth by Community Development and in agreement with their conclusions, second by Councilwoman Martin. The motion CARRIED 5-0. E. Public hearin9 Coronado Paint Development A9reement Mayor HaYman stated this is the first of two public hearings. Mayor HaYman opened the public hearing. Mayor HaYman stated comments made in the four previous hearings are to be incorporated into the record for this hearing as well. Councilman Hays questioned the relocation of necessary fire protection in the development agreement. City Attorney storey stated no they are not included in the development agreement. Mr. Karet explained those issues are associated with the roadway abandonments and not incorporated into the agreement. since there were no additional comments, Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve the Development Agreement including incorporation of submitted discussion, second by Councilman Hays. CARRIED 5-0. Coronado Paint previously The motion City Attorney storey informed Council the second public hearing for the development agreement is scheduled for January 8, 1996. There was a five-minute recess at this time. F. Public hearin9 Res. 95-R-26 Coronado Paint request to abandon portion of Otter street Mayor HaYman informed Council this is a legislative process and opened the public hearing. Page -6- Council Regular Meeting December 18, 1995 '-' ...., Mr. Karet made a staff presentation which included Items 5F & 5G. He called attention to the map included in the packet which identifies otter and Snider Streets. He explained why this abandonment is somewhat different than previous requests. Mr. Karet commented on the utilities in the roadway on both snider and otter Streets. They feed fire hydrants. We would lose access to them for purposes of fighting fires to the east of the property. Mr. Karet commented on the large vehicles that use Snider street and staff is concerned closing Snider Street will cause relocation of traffic, most likely to West Palm Way, which may not be able to handle the additional traffic due to the road being shellrock. Mr. Karet further explained there is a family that lives on otter Drive who had a child with a disability that travels down otter to Old County and then down to the school. Staff doesn't want to see the access that is currently used by this child to be negatively effected. Mr. Karet stated the child previously mentioned will be going to a different school next year and the bus that will be provided will have difficulty accessing that property if some provision is not made for a turn around. Joe Martin, Engineer, Coronado Paint, commented on blueprints where the proposed new office building will be placed at the intersection of Palm Way and Old County Road. He explained the route the bus could take to accommodate the child. He spoke on the issue of fire protection. Coronado is proposing to extend a water line from the intersection of Old County and otter to the intersection of Hart and otter and install a fire hydrant there. In terms of access to the fire hydrant that is currently located at Snider and Old County, Coronado is proposing to provide access for the fire truck to make its connection at Snider and Old County and lay hose east through the driveway that is part of the proposed parking area which is presently Snider and provide a gate access to support the vehicle over the retention area so they could lay the hose east to Hart Avenue. Fire Chief Vola stated Mr. Martin did exactly what was asked of him in order to resolve this issue. Barbara Hutchinson, 402 Hart Avenue, asked if that part of Snider that is going to be abandoned becomes the ownership of two private people, how does that fire truck get to the hydrant. Mr. Karet explained an alternative could be that Council does not have to abandon the property all the way down to Hart Avenue if the Council does not wish to do so. Councilman Mitchum feels that would be the solution to that. Mr. Martin stated Coronado Paint would be satisfied with the abandonment just to the extent of their property. Ben DuBois, 135 Otter Drive, spoke in favor of closing otter Street. Councilman Hatfield commented on Mr. McCall's concerns regarding people using his driveway to turn around because he is the last house before the abandonment. Councilman Mitchum commented on traffic moving to West Palm Way and asked how much it would cost to pave that. City Engineer Fegley explained it depends on the cross section and how you want to stabilize that base material, but estimated it would cost at least $10,000 to pave that road. Councilman Mitchum questioned if Coronado Paint would be willing to pave West Palm Way. Mr. Martin explained Coronado Paint would discuss participating in the cost of that. Page -7- Council Regular Meeting December 18, 1995 ..... ..""" Councilman Hatfield stated what you don't see on the map is West pine Bluff. Hart deadends into West pine Bluff and you can take West pine Bluff which is paved down to Old County Road. He feels the traffic will go the deadend and take West pine Bluff. Councilman Hatfield when the Post Office does what they proposed to do, their trucks will have no need to go down that way at all. Their trucks are going to go right back out on to Ocean Avenue and go out at the traffic light that they are supposed to be helping us get at Ocean Avenue. There was further discussion regarding the traffic and the routes that could be used. Councilman Hays commented that he feels Coronado Paint has a significant benefit from this action and he thinks if the City is giving up a paved road, they should get one in return. Mr. Martin stated at this time there is no substantial evidence to support the traffic count so therefore they have nothing with which to base a development agreement and they would not be interested in that at this time. Councilman Hays asked if it would be fair to continue this part of the discussion until everyone has a chance to look at the cost at the January meeting. Mr. Heebner stated the problem with that would be is that they are trying to start the engineering for the project. If the roads aren't vacated, they can't do the project. Councilman Mitchum doesn't feel it is improper to ask what he has asked of Coronado Paint. He has no problem with continuing this. He respectfully requested Coronado take a look at this. Mr. Martin spoke about stormwater conveyance. Mayor Hayman feels they need to look at the traffic impact on Otter street. We have a serious stormwater management problem in this area and they are attempting to help the city at their own expense alleviate some of that as well. He also has no problem with continuing this. He feels they need to define what needs to happen between now and then so when they sit again we will be able to have evidence with which to make a decision. Councilman Hays suggested putting up barricades on a trial basis and putting out traffic counters to see where the traffic is going to go. Chief Schumaker doesn't feel they will get an accurate reading at this time. Councilman Hatfield feels they are putting the cart before the horse in even talking about paving. The main concern in that area is standing water and they need to make sure this water is going to flow and they need to figure out where the water is going to go. Councilman Hatfield stated there are some things that need to be addressed. He doesn't feel he can take the abandonment away from Coronado Paint just because they haven't decided they will pave Palm Way. Councilwoman Martin doesn't think they should abandon something that in the end is going to cost the City money. This is taxpayers money we are playing with. Councilman Mitchum explained his reasons for wanting something in return if they give something away. Mr. Martin commented on future provisions for a stormwater easement for the City to convey the public water through the area. Page -8- Council Regular Meeting December 18, 1995 '-" ..""" Mr. Karet further commented on coming back to Council with the impact of doing a traffic count. city Attorney storey informed Mayor Hayman to take this as the public hearing on Res. 95-R-26 and then open and close a hearing for Res. 95-R-27. Mayor HaYman closed the public hearing. Councilman Hatfield made a motion to approve Res. 95-R-26, second by Councilman Hays. City Attorney storey questioned if there are some conditions for otter Drive. Mr. Karet stated if we could just reference the improvements shown on the conceptual plan, obviously subject to Site Plan approval, that would be acceptable to staff. Councilman Hatfield amended his motion to include Mr. Karet's comments, second by Councilman Hays. The motion CARRIED 5-0. G. Public hearing Res. 95-R-27 Coronado Paint request to abandon Snider street Mayor HaYman opened the public hearing and stated that the comments made in the previous hearing are incorporated into the record for this hearing as well. Mr. Heebner stated they do not find the City's request unreasonable. He agreed to look at the figures once the traffic study is done which would get them a feel for the impact on the street. He fears it is going to take longer than two weeks to have enough information for a decision to be made. They are willing to do that and delay the engineering until this problem is resolved because without Snider they have no project. Mr. Karet explained they are going to try and drop that street out of the traffic network and simulate what those impacts will be in terms of where the traffic will be distributed. Mr. Karet spoke about Snider street not being in very good condition. People are going to go where it is convenient and close. Ben DuBois, 135 otter Drive, doesn't want the road paved until the drainage problem is fixed. Barbara Hutchinson, 402 Hart Avenue, commented on the postal trucks that go past her house that have doubled, possibly tripled over the past year, and this being a problem. Mayor HaYman closed the public hearing. Councilman Mitchum made a motion to continue this to the January 8th meeting, second by Councilwoman Martin. The motion CARRIED 5-0. H. Public hearing Ord. 95-0-20 Comprehensive Plan amendment - Westfall/143 West Ocean Avenue Councilwoman Martin made a disclosure regarding a conversation she had with Mr. Westfall. Councilman Hatfield made a disclosure regarding a conversation he had with Mr. Westfall. Mayor HaYman made a disclosure regarding a message he got from Mr. Westfall. Councilman Mitchum made a disclosure regarding a conversation he had with Mr. Westfall. Mayor HaYman read Ord. 95-0-20 and opened the public hearing. Page -9- Council Regular Meeting December 18, 1995 '-' ..."" Mr. Karet made a staff presentation regarding Items 5H and 51. He explained the earlier pUblic hearings regarding Coronado are appropriate to this application. He asked that those comments be carried over for the record. Mr. Karet identified issues where there are some differences. He explained the applicant has consistently indicated to staff that there is no connection between this request and Coronado Paint's request. Mr. Westfall has indicated he currently has no plans for the conversion of his home to industrial use. He wants to change the permissible use of the property because he feels it has limited value as a residence at this time. Mr. Karet informed Council that staff determined that three of the four comprehensive plan land use principles have been met and six of the seven standards have been established for small scale amendments. Mr. Karet presented the LDRA's recommendation for denial and the reasons for their decision. Councilman Mitchum spoke about arbitrarily changing the zoning and having no control over the future use of that piece of property. Is there a way to accomplish both items? He suggested that anything that went in there should go under a development agreement. Councilwoman Martin asked if we have ever made a decision to enhance monetarily a piece of property. Mr. Karet explained they have rezoned property without requiring them to enter into a development agreement. City Attorney storey explained a development agreement is the mechanism for limiting or revising potential uses that you would otherwise have under a straight rezoning of a piece of property. Councilman Hatfield stated anything that Mr. Westfall would want to do with that property that was industrial would have to meet the criteria of the industrial zoning. He wouldn't be able to do anything without going to the LDRA. city Attorney storey explained there is a long list of industrial uses that would not require anything other than compliance with site plan. Joe Martin, representative for Mr. Westfall, made a presentation on behalf of Mr. Westfall. He informed Council that Mr. Westfall is not eager to enter into a development agreement. But he would accept a development agreement with the same language included in the Coronado Paint Development Agreement. Councilwoman Martin expressed a concern with other applicants asking to do the same thing. She questioned how they could be turned down if you allow one. Mr. Martin believes anyone has the right to request a change in zoning of their property. He is not sure it is an objective of an elected body to establish a policy of trying to deny that. He doesn't see how that relates to his request. Mayor Hayman commented on the buffering that would be required for industrial property. He stated the site plan showed distance from the existing structure to the east property line and it was so close you could not accommodate the necessary buffering per the ordinances. Mr. Martin informed him that is correct if that was zoned industrial. With the existing structure situated where it is, you couldn't, on that side, meet the 25 foot buffer. Mayor Hayman questioned if they look at the existing conditions or look at the site as a parcel of land. Mr. Martin explained why he feels Council should look at the property as though it is vacant land. Page -10- Council Regular Meeting December 18, 1995 "'W ....., Councilwoman Martin asked Mr. Martin why he would put in a request like this without a site plan. Mr. Martin informed her a site plan is not required under the laws of the state and of the city's own laws and ordinances. Larry Westfall, 143 Ocean Avenue, explained the reason for wanting to change is pure economics. He has no plans to use the property for anything other than residential nor does he plan to sell it to anyone. Councilman Hatfield asked Mr. Westfall if he would agree to the same criteria as the development agreement given to Coronado. Mr. Westfall stated he would consider that. What is fair for them is fair for me. Councilman Hatfield suggested Mr. Westfall look at the development agreement. He has no problem giving Mr. Westfall a development agreement under the same criteria as Coronado but he wants to make sure Mr. Westfall understands the agreement. If he gives Coronado the right to change their property, because of the way Mr. Westfall's property is structured in connection with Coronado, he feels he has to grant Mr. Westfall the same right under the law. City Attorney storey explained the Coronado Paint Development Agreement has a number of potential uses under the I-2 but they may not use it for paint manufacturing, storage of chemicals, and eighteen wheeler parking. Mr. Westfall would have a number of other uses, just not those three. Councilman Hatfield stated if this property were developed, the structure that is on that property now would not meet I-1 zoning. That structure would basically have to be removed from the property or drastically restructured in order to meet I-1 standards. Mr. Westfall commented on the petition of signatures that he obtained from his neighbors. He is trying to stabilize the value of his property. City Attorney storey explained if Council is considering a development agreement, there is no development agreement before them officially and that requires a public hearing and notice. If they want to think about a package deal similar to Coronado, then there is a procedural issue before the Council can actually officially consider that. Councilman Hays stated you can't have a development agreement if there are no future plans for development. He doesn't see any reason to continue something like that. City Attorney storey informed him you can impose additional restrictions in a development agreement. Councilman Mitchum doesn't know how you can have a development agreement when there is no development. Councilwoman Martin asked if there would be enough room to put anything industrial in there with the twenty five foot buffer. Mr. Karet stated it would be difficult to put anything large in there. It would have to be relatively small. Councilman Hays understands the concept of fairness. He commented on Coronado Paint being an existing industry. piece of property has nothing to do with that industry. this is a different case and it needs to be looked at differently. This He feels Mayor Hayman feels they need to follow the principles for zoning. He doesn't feel that just because they did something with Coronado that they have to do the same thing for Mr. Westfall. Page -11- Council Regular Meeting December 18, 1995 "w' ...""" Mr. Martin asked quasi-judicial. to introduce the the petition Mr. for clarification on the quasi-judicial and non Before this matter is finished, Mr. Martin asked comprehensive plan amendment and the copies of Westfall referred to. Mayor Hayman asked Mr. Martin to deliver the petition to the clerk which he did at this time. The petition stated the primary use of said property will continue to be utilized as residential and those were the conditions under which the people signed the petition. City Attorney storey explained comments regarding the comprehensive plan and rezoning should be made at this time. Mr. Martin feels the Coronado Paint agreement will stand alone without any reference to a drawing. He doesn't see why the same can't be accomplished with Mr. Westfall's request. Councilman Mitchum asked if this could be approved subject to approval of future use. Can the change be approved and if Mr. Westfall at some point sold his property and somebody wanted to put a logging operation there the Council has the right to say no? City Attorney storey explained not without entering into some type of development agreement. She sees no mechanism other than a development agreement which limits the use. There was a discussion regarding how there can be a development agreement when there are no plans for future development. city Attorney Storey explained development agreements are a legal mechanism for limiting some of the uses. Judith Lichter, 826 Navigators Way, spoke on behalf of the LDRA. She feels there is a big difference between the Coronado Paint agreement and what Mr. Westfall is requesting. There was no rebuttal from staff. Mr. Martin responded to some of Ms. Lichter's comments. There was no rebuttal from the public and so Mayor Hayman closed the public hearing. Councilman Hatfield feels Mr. Westfall should be given every right to the rezoning as Coronado Paint has been given. Councilman Hatfield made a motion to continue 95-0-20 until Mr. Westfall and staff could make up a development agreement, second by Councilman Hays. Councilman Hays questioned if 95-0-21 would carryover as well. Mayor Hayman informed him that is correct. The motion CARRIED 5-0. Mr. Martin thanked staff and Council for their patience. I. Public hearing Ord. 95-0-21 zoning classification change - Westfall/143 West Ocean Avenue This item was continued. ADJOURNMENT Due to the hour, Councilman Hatfield made a motion to continue until December 19th at 7 p.m., second by Councilman Hays. The motion CARRIED 5-0. The meeting recessed at 11:20 p.m. Page -12- Council Regular Meeting December 18, 1995