Loading...
03-11-1993 ......... ---.,~ ..,. v ". ""'.\ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING MARCH 11, 1993 Chairman Hellsten called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Thursday, March 11, 1993 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Mr. Ewing, Mr. Fazzone, Mr. Garthwaite, Mr. Klein, Mr. Hildenbrand and Chairman Hellsten. Also present were Mark P. Karet, Director of Community Development and Sondra M. Pengov, Secretary. APPROVAL OF MINUTES: Mr. Fazzone moved to approve the minutes of February 11, 1993, seconded by Mr. Garthwaite. Motion CARRIED 7-0. OLD BUSINESS: None at this time. NEW BUSINESS: SD-9301 - Sketch Plan - U.S. #1 and Roberts Road: Chairman Hellsten asked Mr. Karet to review the sketch plan. Mr. Karet stated the applicant has submitted a sketch plan for a proposed subdivision. Mr. Karet said staff had a number of comments that will have to be addressed when the applicant develops the preliminary plat in addition to any comments the LDRA recommends at this meeting. There was discussion from the Board regarding the entrances at the site and they also thought the carwash would cause traffic congestion. Mr. Masso mentioned the need of a turn lane. Chairman Hellsten questioned the type of lighting that would be on the site and requested it be on the future application. Chairman Hellsten also mentioned the overflow at the NW comer of the site. The Board did not take any formal action on the sketch plan. ~ ..., ZA-9301 - Zonin!! Text Amendment to the B-2 District: Chairman Hellsten asked Mr. Karet to review item ZA-9301 the zoning text amendment to the B-2 district. Mr. Karet stated the request is in conjunction with an application for the rezoning of a parcel from the I-I, Light Industrial District to the B-2 District. The request was generated because there are no districts within the City that recognize adult day care. Mr. Karet then gave the background of the Extended Family facility. Mr. Karet said in the instance of adult day-care facilities that provide leisure time activities, self-care training, rest, nutritional services or therapy to adults, it is the opinion of the Department of Community Development that such uses are compatible with the intent of Section 606.01(a) by virtue of the benefits they provide to families and individuals. No use is currently established within the City that provides such services for a portion of the day for adults. Section 606.01(b) permits uses such as day-care for children or nursing homes for adults. Mr. Karet said the Department of Community Development recommends Article II of the zoning ordinance be amended to include Adult Day-Care Center and Section 606.01(b) of the zoning ordinance to include Adult Day-Care Centers in the list of permitted uses in the B-2 District. Mr. George Bently of The Extended Family. Inc. stated the facility will have up to 45 people in the day-care facility and will operate from 7:30 a.m. to 5:30 p.m. Mr. Fazzone moved to accept the addition of adult day-care and to recommend this addition to Council as defined by staff's recommendation, seconded by Mr. Hildenbrand. Motion CARRIED 7-0. RZ-9301 - Nannette Heidrich. S.E. Corner of Park Avenue and Carol Ann Drive: Chairman Hellsten asked Mr. Karet to review item RZ-9301 - the rezoning request from Nannette Heidrich, authorized agent for The Extended Family, Inc.. Mr. Karet said the request is to rezone a 1.03:1: acre parcel from the I-I, Light Industrial District to the B-2, Neighborhood Business District, located at the S.E. comer of Carol Ann Drive and Park A venue. Mr. Karet described the surrounding area. Mr. Karet said the applicants interest in the property is for the development of an adult day-care facility. Mr. Karet discussed the compatibility of the rezoning request with surrounding uses consistent with the comprehensive plan and spot zoning. Land Development and Regulatory Agency Regular Meeting March 11, 1993 page-2- "W' ..." Chairman Hellsten asked for comments from the public. Michael Hindrick. 113 Carol Ann Drive asked the Board if he may see a copy of the site plan as he is concerned with where the parking is going to be placed. Joe Martin. Chairman of Industrial Board - Mr. Martin said he can not speak for the Board, but as a citizen he objects to the rezoning. Mr. Martin then explained he objects to losing industrial areas, he said, as per the comprehensive plan, the City needs more industrial zoned property. Mr. Martin also voiced concern regarding buffering and infill development. Mr. Martin concluded by saying he feels the adult day-care facility is needed, but would recommend changing the industrial zone to include adult day-care. After considerable discussion Mr. Klein made a motion to include the adult day-care as a special use in the I-I district. There was no second. Mr. Fazzone moved to change the zoning to B-2, seconded by Mr. Ewing. Motion CARRIED 4-3. Mr. Klein, Mr. Hildenbrand and Chairman Hellsten vote no. VA - 0193 - Variance Request: Tanina Palermo. 2105 S. Riverside Drive Chairman Hellsten asked Mr. Karet to review the request. Mr. Karet stated the applicant is requesting a variance from the required 10 foot side setback as Section 602.02(d)(2) of the zoning ordinance requires. Mr. Karet further stated Section 904.01 of the zoning ordinance states five criteria must be met before a variance may be granted. Mr. Karet reviewed each of the criteria. Mr. Karet concluded that only two of the five criteria had been met, consequently staff does not support the applicant's request. Tanina Palermo. 2105 S. Riverside Drive explained that the events of the construction of the garage and stated she does not believe Mr. Wood intentionally built into the side setback. The Board reviewed the proposed plot plan which showed that originally the garage was to be 13 feet from the property line. The members questioned how and why the slab was placed 3 feet closer to the line. Mr. Karet explained that work should not be continued until a replat has been brought into the Building Division. He stated that Mr. Wood continued to work, compounding the problem. Chairman Hellsten said it is clearly the contractor's problem and showed concern that the contractor had not had the survey done at the appropriate time. Land Development and Regulatory Agency Regular Meeting March 11, 1993 page-3- ~. ...., Mr. Klein and Mr. Fazzone agreed that there should be strict enforcement from the City regarding compliance with the codes. Mr. Klein moved to deny the variance request based on recommendation of staffs report. Motion carried 5-2. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet reviewed the information on the roles of City Council and LDRA included in the Board's packet. Mr. Karet also mentioned that the Board members should respond to the City as soon as possible when requesting to attend a seminar. B. Chairman's Report Chairman Hellsten mentioned the approval of the hiring of a temporary employee (Diane Ferguson) to assist in the development of the Land Development Regulations (LDR's). Chairman Hellsten said he has spoken with Steve Dennis of the Chamber and Philip Fong, a realtor, who have offered assistance in the development of the LDR's. Chairman Hellsten suggested the possibility of forming an ad hoc committee with Board members such as Mr. Dennis and Mr. Fong to work on the LDR's and asked the Board members to consider this suggestion. Mr. Klein moved to authorize Chairman Hellsten to speak to Council in reference to forming an ad hoc committee. Motion CARRIED 7-0. C. Agency Member's Report Mr. Ewing questioned the difference between a subdivision and a minor subdivision. Mr. Karet responded to Mr. Ewing's request. Mr. Ewing asked the status of the proposed golf course. Mr. Karet said there has been financial difficulties in association with the investors. cl"'c, Mr. Ewing also inquired about the garage at 1717 S. Riverside Drive. Chairman Hellsten responded that the building permit is@to expire and the code doesn't address making a builder complete a project. Mr. Karet stated this is generally true, however, if there are code violations they can be pursued. Land Development and Regulatory Agency Regular Meeting March 11, 1993 page-4- ........ .", Mr. Garthwaite questioned the parking and driveway regulations in the LDR's. Chairman Hellsten stated the new code should cover this. ADJOURNMENT: There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 9: 1 0 p.m. Minutes respectfully submitted by, Sondra Meager-Pengov, Secretary Land Development and Regulatory Agency Regular Meeting March 11, 1993 c:\ldra\minutes\03II93 page-5-