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12-15-1999 '-' .." CITY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, December 15, 1999 6:30 p.m. Chainnan Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., December 15, 1999 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Zeese, Mr. Masso, Mr. Azzarello, Mr. Ridner, Mr. Y oukon, and Chairman Garthwaite. Mr. Ograrn was excused. Also in attendance was Lynne Plaskett, Planning Director, Nikki Clayton, City Attorney, Donna DeCarlo, court reporter and Patricia Hayes, Board Coordinator. APPROVAL OF MINUTES Mr. Masso made a motion to approve the minutes of the November 17, 1999 Planning and Zoning Board meeting. Motion passed 6-0. OLD BUSINESS None at this time. NEW BUSINESS Public Hearing - AN-9904 - Joe Martin, owner, is requesting annexation and associated annexation agreementfor approximately 2.5 acres of property located at 435 Air Park Rd. AN-9905 - Vaughn Crue, President, Red Carpet HeUcopters, Inc., and Gayle Crile, President, Skyway Drive Industrial Park Inc., are requesting annexation and associated annexation agreementfor approximately 14 acres of property located at 735 Air Park Road and 341 Skyway Drive. AN-9906 - John Massey, managing partner, Massey Enterprises, is requesting annexation and associated annexation agreement for approximately 110 acres of property located at Park A venue and Air Park Road. Mr. Zeese asked if the Board could discuss and move on all three scheduled public hearings collectively since they were all part of a cooperative venture. Ms. Clayton stated that the Board could discuss and move on these annexation requests as a group. Additionally, she brought up several concerns regarding the language in some of the agreements. These were discussed in detail later in the meeting. Mr. Masso wanted to ensure that it was the intent of the applicants to group these requests. Ms. Clayton asked Mr. Martin if one of the requests were denied would he want to continue with his request. Mr. Martin replied that his property, as well as the Crile properties, is not contiguous without the Massey property and that it was the intent of the applicants to act jointly. Mr. Y oukon made a motion that the three agreements be discussed and moved on collectively. Mr. Zeese seconded. Motion CARRIED 6-0. Ms. Clayton discussed the wording in the Massey Agreement specifically concerning, the adoption of the Airport Hazard Ordinance, acceptance of existing unrecorded exempt subdivisions, comprehensive plan amendment concerning property west of the current alignment of Air Park Road, and agreement to provide sewer service by May of2000. Ms. Clayton stated that the wording should be changed to reflect that the City would use their "best efforts' to accomplish these items. Minutes/P &ZboardJ 12-15-99 - 1 - '-' ..., Mr. Martin addressed the issue of sewer provisions to the Massey property by May 2000, stating that having sewer services provided to this area by May of 2000 is essential to the submitted Development Agreement for the Doughtery Project. Mr. Y oukon asked for explanation on realignment of Air Park Road and also inquired whether the City had plans to further develop this area. Ms. Clayton and Mr. Martin explained that this annexation and realignment would be the 'first step' towards what the city hopes to be industrial development of this area. Chairman Garthwaite asked for and received clarification concerning permitted uses for county zoning. Several of these permitted uses were discussed; including roof signs, adult bookstores and theatres, and agricultural uses. Additionally, there was discussion regarding the continued use of firearms and hunting activities on the property. This use is currently approved by Volusia County. Ms. Plaskett stated that recently the City of New Smyrna Beach had a similar situation in which they allowed the continued use of firearms and hunting activities on annexed property, until such a time that the property was rezoned. Ms Clayton referenced Section 12-4 of the City Code of Ordinances. There being no further questions or comments, Chairman Garthwaite, closed the public hearing. Mr. Masso made a motion to submit to City Council a favorable recommendation of AN-9904, AN-9905, and AN-9906, with the following conditions; I) Removal of roof signs as a permitted use, except for painted roof signs, 2) Removal of adult bookstores/theatres as a permitted use, 3) Change in language of AN-9906 to reflect a 'best effort' on the part of the City in regard to: a) Adoption of the Airport Hazard Ordinance as approved by FDOT, b) Acceptance of existing unrecorded exempt subdivisions approved by and grand fathered in under the County's LDC, c) Comprehensive Plan amendments concerning the changing the Future Land Use to airport/industrial, d) Realignment of Air Park Road, and e) Providing sewer to the annexed area by May 2000. Additionally, further clarification is needed on the issue as to whether firearms and hunting activities can be permitted in the annexed area. Mr.Youkon seconded the motion. Motion CARRIED 6-0. Ms. Clayton announced that the City Council would hear these cases on January 3rd and January 17th, 2000. DISCUSSION ITEMS A. Planning and Development Directors Report Ms. Plaskett asked if the Board would consider rescheduling the January meeting from the 26th to the 19th. The Board agreed to do so. B. Chairman's report Chairman Garthwaite reminded the Board that elections for the Chairman's position would be voted on at the next Board meeting. Additionally, Chairman Garthwaite gave a brief description of the VCARD meeting he attended in November. MinuteslP &Zboard/12-15-99 - 2 - '-' ..."., ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 7:30 p.m. Minutes respectfully submitted by: Patricia M. Hayes, Board Coordinator Planning & Zoning Board :pmh C:\P&ZB\minutes\121599 Minutes/P &ZboardJ 12-15-99 - 3 -