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03-29-1995 ..,. ,.,., \\ .. CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING Wednesday, March 29, 1995 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, March 29, 1995 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Moncure, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand, and Chairman Fazzone. Also present at the meeting were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney, and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUTES: The minutes of February 22, 1995 were presented for approval. Mr. Masso moved to approve the minutes as corrected, seconded by Mr. Moncure. The motion CARRIED 7-0. NEW BUSINESS: TA-9501 - Porta Products Corooration - Scott S. Porta, owner of property located at 211 Dale Avenue, requested a Zoning Text Amendment to allow a permanent "Night Watchman" to live on the property. Chairman Fazzone announced and opened the public hearing. Chairman Fazzone then requested that Mr. Karet present staffs comments. He explained the request is to amend Section 607.03(c)(I) of the zoning ordinance which establishes accessory uses within the PID district. Mr. Karet explained Section 607.03(c)(1) allows accessory uses that are "customarily incidental" to a permitted use. Mr. Karet said it is staffs interpretation that a text amendment is necessary to permit security personnel to reside on-site. Mr. Karet stated Section 607.03(a) establishes the intent of the Pill. He said the statement indicated that the PID should be protected from the encroachment of incompatible uses. Mr. Karet said in the case of industrial operations, incompatible uses are typically residences. Mr. Karet expressed, staff does not object to security personnel residing on-site, provided the dwelling is strictly limited to satisfying a real need to furnish security. Mr. Karet concluded saying the Department of Community Development supports the applicant's request and provided some suggested language. , , .... ..""", Chairman Fazzone then asked the applicant if he had anything additional to add to Mr. Karet's comments. Scott S. Porta 117 Wilkinson Drive - Mr. Porta described some of the vandalism he had experienced on his property and the need for security to reside on-site. There being no additional discussion, Chairman Fazzone closed the public hearing. Mr. Masso commented, he would like to see the language modified, whereby, the modular dwelling is to be removed when it is no longer required. Mr. Moncure said he had similar concerns as Mr. Masso. Mr. Moncure felt if a residence was introduced in an industrial zone, a resident, for whatever reason, has certain rights, one being, to be protected from adjacent industrial development. Mr. Moncure also expressed concern with other businesses being impacted. Mr. Karet replied the request would be an accessory use, and any adjoining businesses would not have to address the modular unit as a residential type use, the property would remain as an industrial use. Ms. Lichter stated she felt three shifts of security would work better, as she didn't feel anyone could be on security duty 24 hours a day. Ms. Lichter expressed concern with the security person possibly having children on the property. She felt a temporary shelter for security personnel use would be sufficient. Other discussion occurred regarding the possibility of the security guard having a family living on the property, as well as a time frame to remove the security structure. Several Board members asked Mr. Karet if he could re-word the language of the amendment to be "tighter"? Mr. Karet replied that he could re-word the language. Ms. Agrusa stated she was in favor of the applicants request. She said she felt 24-hour security would cut down on crime, fires, etc. in all of the Pill area. Chairman Fazzone asked if it was the consensus of the Board to have each individual case, requesting security personnel to reside on site, to come before the Board for judgement or have it written as a text amendment. The Board expressed concern with the possibility of families living in the security person's quarters. Chairman Fazzone asked Mr. Karet if the wording could reflect, no families to be allowed? Mr. Karet replied yes. Land Development and Regulatory Agency Regular Meeting March 29, 1995 Page 2 ...... ...""" After considerable discussion, the Board agreed that possibly they were trying to impose too many restrictions. Ms. Storey and Mr. Karet stated they could word the text amendment that would exclude families on the property. Mr. Masso moved to have staff modify the language that staff suggested to state, "onlv" security personnel, and send to the City Council with the Board's recommendation, seconded by Mr. Hildenbrand. Motion CARRIED 7-0. TA-9502 - Kevin Pate & Andrew Johnson - Kevin Pate and Andrew Johnson requested a Zoning Text Amendment to allow Tattoo Parlors as a permitted use in the B-3, Highway Service Business district. Chairman Fazzone announced and opened the public hearing. Chairman Fazzone asked Mr. Karet to give staffs presentation. Mr. Karet said the request is to amend Section 606.02(b) of the zoning ordinance to include tattoo parlors as a permitted use in the B-3 Highway Service Business district. Mr. Karet said the City Council authorized a special event permit to the applicants to perform tattooing on a temporary basis. He said the special event permit was authorized until a final determination was made on the text amendment. Mr. Karet concluded, saying the Department of Community Development supports the applicants' request to amend the list of permitted uses in the B-3 district, but staff suggests the more general term "personal services" be substituted for tattoo parlors. Chairman Fazzone inquired as to whether the applicants had any comments. Kevin Pate. 101 N. Ridg:ewood Avenue and Andrew Johnson. 1108 Sabal Palm Drive - Mr. Pate explained all necessary standards required by law for tattooing had been met. Joan Strong:. Indian Palm Drive - Ms. Strong addressed the Board saying she is against T A- 9502. There being no further comments from the public, Chairman Fazzone closed the public hearing. Mr. Moncure expressed two issues should be considered; 1-) agreed with staffs recommendation; and 2-) if professional offices are permitted, in which medical procedures are undertaken, he can not see where a tattoo parlor would present any difference, and felt they should be permitted. Land Development and Regulatory Agency Regular Meeting March 29, 1995 Page 3 "... ......, Ms. Lichter expressed her concern that the generalization of "Personal Services" would allow massage parlors in the district. Mr. Karet explained, using the broad term, personal services, would allow a greater variety of businesses, that fall under personal services, to do business in the B-3 district without going through the text amendment process. Mr. Moncure moved to approve the text amendment according to staffs recommendation and send to City Council, seconded by Mr. Masso. Motion CARRIED 7-0. Chairman Fazzone called a recess at 7:35 p.m. Chairman Fazzone called the meeting back to order at 7:45 p.m. DA-9501 - Oscar Zeller & Julian Greene - Joe D. Martin, P.E., authorized agent, requested approval of a Development Agreement to provide for the installation of a water line and the timing of certain improvements. Chairman Fazzone announced and opened the public hearing. Chairman Fazzone asked Mr. Karet for staffs recommendation. Mr. Karet said the applicants are requesting a development agreement to provide for the installation of a 12 inch water line and to gain flexibility in placing improvements on the property. Mr. Karet reminded the Board that in February of 1994, the applicants applied for site plan approval to expand a building that is part of Edgewater Machine and Fabricators Inc. (EMF) Mr. Karet said staff had reviewed the site plan and indicated the site lacked adequate improvements for fire protection. Mr. Karet stated the applicants' appealed staffs position to the City Council that resulted with the Council upholding staff and the LDRA's previous determinations, but expressed a desire that a compromise be found. Mr. Karet also said in November of 1994, the applicants applied for site plan approval to expand another building, located across from EMF, at Dougherty Marine Inc. Mr. Karet said staff came to the same conclusion regarding fire protection. Mr. Karet said the applicants had received a commitment from the Volusia County Business Development Corporation (VCBDC) to fund a water line adequate to meet their needs. Mr. Karet reviewed the "draft" development agreement with the Board. Mr. Karet finalized, saying the Department of Community Development supports the applicants' request and suggested the LDRA favorably recommend the agreement to the City Council. Chairman Fazzone asked Mr. Martin if he had any additional comments. Land Development and Re2ulatorv A2encv Regular Meeting March 29, 1995 Page 4 . . ~ ..., Mr. Joe D. Martin, PE, Volusia Engineering - Mr. Martin had no additional comments and said he was open to questioning. Chairman Fazzone asked what changes would be made to the new site plans. Mr. Karet, as well as Mr. Martin, described the proposed changes to the two site plans. Chairman Fazzone asked if the parking facilities would be improved. Mr. Martin stated adequate parking is already in place. There being no further comments, Chairman Fazzone closed the public hearing. Mr. Masso move to recommend the request to City Council, according to staffs comments, seconded by Mr. Moncure. Motion CARRIED 7-0. Ms. Storey expressed the need to announce the date of the second public hearing. It was announced to hold the second public hearing May 1, 1995 by the City Council. Chairman Fazzone read a memo presented by Mr. Karet regarding SP-9306 - Aqua Park Aquatic Center requesting a six month extension for a site plan approved March 30, 1994. Chairman Fazzone stated, Mr. Karet said in his memo the Department of Community Development does not object to the request. Mr. Garthwaite moved to approve the request to extend the site plan for six months, seconded by Ms. Lichter. Chairman Fazzone asked if the Board wished to discuss this request. Mr. Masso asked if all criteria required had been met? Mr. Karet replied, yes. There being no additional discussion, the vote was taken. Motion CARRIED 7-0. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet had nothing to report. B. Chairman's Report Chairman Fazzone wished Mr. Garthwaite happiness in his retirement. C. Agency Member's Report The Board members had nothing to report. Land Development and Regulatory Regular Meeting March 29, 1995 Page 5 .., .... ADJOURNMENT: There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 8:30 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Land Development and Regulatory Agency /SMP c :\ldra 199 5\minutes\3 299 5 Page 6