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03-30-1994 '-' """'" CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING MARCH 30, 1994 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, March 30, 1994, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Hatfield, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand, and Chairman Fazzone. Also present were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney, and Sondra M. Pengov, Secretary. APPROVAL OF MINUTES: The minutes of February 16, 1994 were presented. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Garthwaite. Motion CARRIED 4-0. Mr. Hatfield and Ms. Agrusa were unable to vote as they were absent from the meeting. Ms. Lichter did not vote as she was not a member at that time. The minutes of February 23, 1994 were presented. Mr. Hatfield moved to approve the minutes as presented, seconded by Mr. Masso. Motion CARRIED 5-0. Ms. Agrusa was unable to vote as she was absent from the meeting. Ms. Lichter did not vote as she was not a member at that time. NEW BUSINESS: SP-9306 - Aqua Park Aquatic Center. 600 Eaton Road John Steams, owner of Aqua Park requested site plan approval to construct a swimming pool and an enclosure. Chairman Fazzone asked Mr. Karet to present staffs comments on the site plan. Mr. Karet brought to the Board's attention the turning radius on the plan. He said it scales off at 15 feet as required, however, the site plan indicates 5 feet. Mr. Karet said the code requirements have been met and staff recommends approval. Ms. Lichter questioned whether the handicapped parking space would remain or will there be additional handicapped parking. Mr. Karet said one handicap parking space is required which is shown on the plan. .y , -\--\ \..c (.\~\., \)-Ck\\ ""-' ...." Chairman Fazzone questioned the six inch curb at the access isle. Mr. Karet said the applicant will place the ramp as shown and that it does meet code. Mr. Masso asked Mr. Karet if staff comments had been met. Mr. Karet replied all comments relating to code requirements have been resolved. There being no further discussion Chairman Fazzone entertained a motion. Mr. Masso moved to grant the site plan request, seconded by Mr. Garthwaite. Motion CARRIED 7-0. SP-9401 - Ed2ewater Machine & Fabricators. Inc.. 200 N. Fla21er Avenue Joe D. Martin, authorized agent for Edgewater Machine & Fabricators, Inc. made a request to appeal staff interpretation of City Code and Policy requirements. Chairman Fazzone asked Mr. Karet to comment on the request. Mr. Karet said this is an appeal of staffs interpretation of a code and explained what staffs policy is. Mr. Karet said he wrote a letter to Mr. Martin indicating that the site plan request would not be placed on the agenda because all of the code requirements had not been met and identified the reasons. Mr. Karet told the applicant that an appeal was available. Mr. Karet then explained that the Board is to review staffs interpretation of the code. Mr. Karet said that Fire Chief Vola will present information explaining City's policy as well as the provisions of the fire code, which the applicant, in staffs opinion, has failed to meet. Chief Vola stated that the building, as it currently exists, does not conform with the requirements of Chapter 603.1.3 of the Standard Fire Prevention Code. He said any addition to this complex would increase the required amount of water necessary to control any fire occurring there, and as such, would increase the non-conformity. Chief Vola said without a reasonably close source of fire protection water supplies, there is no fire protection for this building. Chief Vola continued saying, the proposed project represents a 20% expansion of the existing structure on that site. Chief Vola said The required Fire Protection design, established by State Law and local ordinance have not been met on this submittal, therefore, the project cannot be approved. Ms. Agrusa asked Chief Vola if a fire were to exist now, could it be handled? Chief Vola replied, no. Land Development and Regulatory Agency Regular Meeting March 30, 1994 Page -2- .... ...., -' Chairman Fazzone than asked the authorized agent, Mr. Martin to respond to the Boards questions. Mr. Martin stated the letter he sent to Mr. Karet was the expression of the property owner. Mr. Martin said there is no interest by the property owner to invest in the fire improvements. Mr. Martin said the reasons were that the landscaping and fire requirements would cost the applicant $18,000 and the building addition would be $78,000. The owner did agree to do landscaping under certain conditions, but is not willing to invest in the fire protection, because in a couple of years water & sewer may be provided to Florida Inland Navigation District (FIND). Mr. Martin said the applicant's addition will be aluminum with steel inside and it is his opinion that if the City wishes these provisions they should supply the fire protection. Chairman Fazzone said by approving this request, with no fire protection, would only make others request the same. Mr. Hatfield moved to accept Fire Chief Vola's determination that fire protection has not been met, Mr. Garthwaite said he would second the motion after discussion. Ms. Lichter said she felt there is a responsibility by the owner to the 30i: employees to protect them from fire. Chairman Fazzone said, possibly at Council level an agreement could be made to share costs with the applicant. There being no additional discussion, a vote to the above motion was had. Motion CARRIED 7-0. OLD BUSINESS: Review of B-2. Neil!hborhood Business District Chairman Fazzone said Mr. Karet had taken various Board members as well as some Chamber members on a tour of the B-2 district. Mr. Karet said staffs' recommendation would be presented at this LDRA meeting, then the Board would be able to formulate its own positions. Mr. Karet said then the business community would have something to react to. Mr. Karet said that decisions made at this meeting would Land Development and Regulatory Agency Regular Meeting March 30, 1994 Page -3- ."'w' ....., .,. be presented to the Chamber, and they would see that notice is provided to their membership. Mr. Karet then showed the B-2 zoning area with the proposed Industrial designations. He said the comprehensive plan would have to be amended and the zoning map would also have to be amended to show the changes. Mr. Karet said so that the area which remains B-2 does not continue to become increasingly industrialized, the list of permitted uses should be amended so that it conforms with the stated intent of the district. Ms. Lichter said that she thinks the B-2 area was intended as a buffer for the residential area and feels the abutting residential homes may be in danger. Ms. Lichter suggested a fence or tree buffer may be necessary. Chairman Fazzone asked how will the business people be involved. Mr. Karet said by working with the Chamber as well as the Economic Development Board. Mr. Masso made a motion to concur with staffs recommendation and proceed accordingly and contact the Economic Development Board, the Chamber of Commerce and provide material for the business owners, seconded by Mr. Hatfield. Motion CARRIED 7-0. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet told the Board about the western annexation that will be approximately two square miles in size added to the City. The annexation is located between Rt. 442 and 1-95. Mr. Karet also mentioned a potential special meeting sometime in April. B. Chairman's Report Chairman Fazzone asked the status of the Draft Sign Ordinance. Mr. Karet said staff was instructed to provide additional information and will supply it to the Board as soon as possible. Mr. Karet said he hopes to have it ready when the B-2 information is available. Chairman Fazzone also asked the process of the Land Development Regulations (LDR's). Mr. Karet said VCARD has reviewed several issues and has provided the City with a great deal of information to review. Mr. Karet said he and the City Attorney will provide to the LDRA and the City Council the administrative portions of the LDR's as soon as they are completed. Land Development and Regulatory Agency Regular Meeting March 30, 1994 Page -4- " ,... 'WI" Chairman Fazzone asked Ms. Storey about the seminar - Snyder vs. Brevard County. Ms. Storey said this involved a small scale rezoning that discussed whether they should remain a legislative function or a quasi judicial function. Ms. Storey said it was decided several months ago by the Florida Supreme Court that small scale rezonings are quasi judicial actions, not legislative. Ms. Storey then reviewed what is expected of the Board when examining a rezoning request. c. Agency Members Report The members had nothing to report at this time. ADJOURNMENT: There being no additional business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 8:05 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Secretary Land Development and Regulatory Agency /SMP Land Development and Regulatory Agency Regular Meeting March 30, 1994 c: \ldra\minutes\3 3 094 Page -5-