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08-25-1999 ...... ... , \ . ," . CITY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, August 25, 1999 6:30 p.m. Chairman Garthwaite called to order the regular meeting of the Planing and Zoning Board at 6:30 p.m., August 25,1999 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida ROLL CALL Members present were Mr. Zeese, Mr. Masso, Mr. Azzarello, Mr. Ogram, Mr.Youkon, and Chairman Garthwaite. Mr. Ridner was excused. Also in attendance was Lynne Plaskett- Director of Planning and Development, Ken Hooper- City Manager, Carmen Thomas- court reporter; and Lisa Bloomer-acting Board Coordinator. APPROVAL OF MINUTES The minutes from the May 26, 199 meeting were read and approved. OLD BUSINESS None at this time. NEW BUSINESS Public Hearing _ VA-0499 - Joe Martin, authorized agent, is requesting a variance to the height limitations of 26 feet to 45 feet in the 1-1 Industrial District. Chairman Garthwaite asked if any of the board members had visited the property, Mr. Y oukon replied he had. Chairman Garthwaite opened the public hearing. Mr. Garthwaite read the letter from Massey Enterprises, which expressed concerns that the City did not have an airport hazard ordinance and referencing FAA requirements, into the record. The staff memorandwn was also read. Mr. Masso stated he thought the City Attorney should be present before discussing this request. It was explained that Ms. Clayton was unable to attend due to a death in the family and that if legal issues were raised, the item could be continued Lynne Plaskett reported that she spoke with Al Roberts from the FAA regarding airport hazard regulations. The City does not currently have an ordinance in place but is proposing one with the new Land Development Code. She further stated that Mr. Martin was_in attendance and is fully aware of the requirements that have to be met. Ms. Plaskett said that she would agree with the assessment that the variance be approved up to 45 foot building height with the FAA determination in accordance with F AR-77. Ms. Plaskett also read into the record 2 phone calls. The first from Debra Frost, a resident who had no concerns with the height but rather inquired about a buffer between the proposed building and her residence adjacent to this property. Ms. Plaskett gave her a copy of the proposed site plan and showed that there is a 25 foot buffer that is going to be left in it's natural state and trees will probably be required to be planted. The second phone call from Edna Boardman, 1069 Roberts Lane, asked about the noise, she also represented Brian O'Brian. She had no problems with the height. Much discussion followed concerning the issue of whether the Board should grant the variance prior to FAA approval. ~. 'W .... ~- ..... Mr. Martin explained that as a matter of procedure and as a designer, he would need to now how high he can go prior to developing a site plan that would in turn be presented to the FAA. More discussion ensued. There was no public comment. Chairman Garthwaite closed the public hearing. Mr. Masso made a motion that variance request V A-0499, be approved for up to 45 feet building height subject to FAA determination in accordance with FAR part 77. Mr. Y oukon seconded the motion. Motion passed 5-1. Mr. Zeese was the disapproving vote. Public Hearing _ AN-9903 - Paul and Elizabeth Catlett are requesting annexation of 1. 5 acres known as Nice Place Restaurant, 2576 U.S. Hwy.l into the City Chairman Garthwaite asked if any Board members had visited the property and all replied they had either visited the property or were familiar with it. Chairman Garthwaite opened the public hearing and read the Staff memorandum. Mr. Y oukon asked if this was similar to recent requests for annexation into the city. Mrs. Plaskett said that it was, and the county zoning will remain until such time as rezoning is requested. She stated that there was a mobile home on the property and that it is not a permitted use. The mobile home must be removed when the property is rezoned. Mr. Y oukon asked why the applicants were requesting annexation. Elizabeth Catlett responded that their reason was to apply for City sewer and water. She further stated that the property was purchased last February and they were planning on opening a restaurant on September 15. Being there were no further questions or public comment the public hearing was closed. Mr. Masso motioned that the Board recommends approval and forward of the annexation request AN-9903 to the Council. Mr. Zees~ seconded the motion. Motion passed 6-0. DISCUSSION ITEMS A. Planning and Development Directors Report Lynne gave an update on the FIND Project. The City Council has approved the overall master plan for the FIND Project and has also approved part B of the contract for design of the infrastructure improvements. B. Chairman's report None c. Board Members Report None ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 7:22 p.m. Minutes respectfully submitted by: Patricia M. Hayes, Board Coordinator Planning & Zoning Board :pmh c: \p&zboard\minutes\825 99 '-' ..."", PLANNING AND DEVELOPMENT To: Planning and Zoning Board Fr: Lynne Plaskett, Planning Director Re: Scott Porta - DA-9901 PUBLIC HEARING Background Mr. Joe Martin, authorized representative for Scott Porta is seeking final development agreement approval for his property located at 200 - 220 Dale Street. The property consists of 8 acres zoned I-I industrial. An environmental review of the subject property was conducted by Biological Consulting Services Inc. The report will be addressed at the site plan review level. The proposed site plan has been included for your review, and is shown as Exhibit B. No comprehensive plan amendments are proposed or required. Staff comments are: 1. Section 3, Duration of Agreement. Change the word "shall" to "may" grant an extension..... 2. Section 7, Add- The road paving and associated stormwater retention shall be installed no later than 6 months from the time a certificate of occupancy is issued or; the developer shall post a performance bond equal to 115% of the cost of the improvements. Improvement costs shall be provided to the City by a licensed professional engineer and approved by the City Engineer and City Manager. 3. Section 5, Add- Any improvements that are to be reimbursed by the City shall be bid and the schedule of values provided to the City to ensure competitive pricing has been secured Recommendation Staff asks the Board Recommend approval ofD.A.- 9902 to the City Council with the above recommended changes/additions.