07-26-1995
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CITY OF EDGWEATER
LAND DEVELOPMENT AND REGULATORY AGENCY
REGULAR MEETING
Wednesday, July 26, 1995
Chairman Fazzone called to order the regular meeting of the Land Development and
Regulatory Agency at 6:30 p.m., Wednesday July 26, 1995 in the Community Center of City
Hall.
ROLL CALL:
Members present were Mr. Masso, Mr. Moncure, Mr. Garthwaite, Ms. Agrusa, Mr.
Hildenbrand and Chairman Fazzone. Ms. Lichter was recorded absent. 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 May 31, 1995 were presented for approval. Mr. Masso moved to approve the
minutes as presented, seconded by Ms. Agrusa. The motion CARRIED 5-0. Mr. Garthwaite
abstained, as he was absent from the May 31 sl meeting.
NEW BUSINESS:
CU-9502 - Coronado Paint Company - Joe D. Martin, PE, authorized agent for Coronado
paint Company, requested a conditional use permit to erect a structure above the height
limitation.
Chairman Fazzone opened the public hearing and asked Mr. Karet for staffs comments.
Mr. Karet stated the request is for a conditional use permit to erect a structure above the 26
foot height limitation in the 1-2, Heavy Industrial District. Mr. Karet said the applicant
received site plan approval that included two phases in December 1994. He said the first
phase was recently completed. Mr. Karet said Phase II includes a 6,586 tank truck transfer
station with an overall height limit of 36 feet above grade. Mr. Karet reviewed the standards
for conditional use permits contained in the Land Development Code. Mr. Karet concluded
saying, based on staffs findings, the Department of Community Development supports the
applicant's request. He said staff recommends the LDRA grant a conditional use permit to
allow erection of the truck transfer building be approved as part of site plan SP-9406 with an
overall height of 36 feet above grade.
Joe D. Martin, PE, authorized agent for the project introduced himself and said the peak of
the roof will be at 35 feet above grade.
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Mr. Garthwaite asked if the Fire Department was satisfied with the amount of fire protection
available at the site.
Mr. Karet responded, that the applicant was required to install a 10 inch line to meet the fire
flow as part of Phase 1. Mr. Martin said the fire suppression system will be reviewed at the
time the building permit is applied for.
Chairman Fazzone mentioned that the City Council, when reviewing Coronado Paint's last
request, had considerable discussion regarding the day care center, noise and traffic. Mr.
Karet stated these issues were resolved by David Dill of Coronado Paint and the owner of the
day care center.
Susan Cummin2s. 502 Old County Road - Ms. Cummings asked the Board to keep in mind
that there is a day care center across the street from Coronado Paint.
There being no additional comments from the public, Chairman Fazzone closed the public
hearing and moved to Board discussion.
Chairman Fazzone noted that the day care center is located at the opposite end of the
Coronado Paint project presently being discussed.
Mr. Moncure pointed out that by containing this area under roof would reduce the possibility
of environmental contamination. Mr. Martin explained the containment process for leakage
and said future plans are to add walls to the roofed area.
Mr. Martin described, for the Board, the procedure for incoming products and the type of
products being used. Mr. Martin also said that a sprinkler system will be installed.
There being no additional discussion by the Board, Mr. Garthwaite moved to grant the request
for a conditional use, according to the recommendation of staff's comments, seconded by Mr.
Moncure. Motion CARRIED 6-0.
CPA-9501 - India Palm Drive and Roberts Road - Donnie Williams, authorized agent for
Elwood and Francis Sides requested rezoning of four lots on India Palm Drive and Roberts
Road from Medium Density Residential to Commercial.
Chairman Fazzone opened the public hearing and asked Mr. Karet for staff's comments.
Mr. Karet said the applicant wishes to change the Future Land Use Map (FLUM) from
Medium Density Residential to Commercial and the Zoning Map from R-4, Multi-family
District to B-2, Neighborhood Business District on a .54:!: acre site.
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Regular Meeting
July 26, 1995
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Mr. Karet said the subject site had previously been to the Board twice before, and each time
denied. Mr. Karet explained that lots 7511 - 7514 are too small to permit the construction of
a conforming building for either commercial or residential use. Mr. Karet went on to explain
the land use and zoning and described the surrounding FLUM designations, zoning
classifications, and existing uses. Mr. Karet discussed the policies that support the proposed
FLUM change. He also reviewed the standards for review of a small scale zoning change
and read staffs comments to each. He said based on staffs findings the Department of
Community Development concludes the applicant's request is reasonable, and staff suggests
that the LDRA favorably recommend the comprehensive plan amendment and rezoning to the
City Council.
Mr. Garthwaite asked, if granting the zoning change to commercial would add to an already
congested area. Mr. Karet said any of the listed uses in the commercial district would apply
to the subject property, causing congestion would depend on the use of the property. Mr.
Garthwaite also expressed concern with the large amount of children around the park and the
risk of danger to them if this property is rezoned to commercial. Mr. Garthwaite stated he
felt leaving the property zoned residential would be in the best interest of the pedestrians and
vehicular traffic.
Mr. Moncure asked if this plan depends on the vacation of the alley between the two parcels
and what is the time frame of the process. Mr. Karet responded the vacation will be handled
at council level. Mr. Moncure further discussed uses in a B-2 and R-4 district.
Chairman Fazzone mentioned his disapproval of the City vacating land for others use. Mr.
Karet explained why the City vacates properties, and said the City has no use for the alley.
Chairman Fazzone asked the difference between this request and those in the past. Mr. Karet
said, there is none. Ms. Storey replied that the standard of review is different, the Board is
now acting in a quasi-judicial capacity. She explained in detail, the Boards responsibility
Mr. Moncure asked, if there is no vacation will this request be moot? Mr. Karet replied that
the property would be hard to develop with an alley running across it.
Mr. Donnie Williams. authorized a!!ent - Mr. Williams showed the Board an artist's sketch
of the proposed professional building for the property.
Mr. Garthwaite stated, if the property is rezoned to B-2 anything could be built on it. He
asked the applicant if they would be willing to apply for a development agreement. Mr.
Williams replied, possibly.
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Regular Meeting
July 26, 1995
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Frances An!!el. 2929 Juniper Drive - Ms. Angle said she has five lots in the area and feels
commercial zoning would result in a decreased value to her property and expressed concern
for the safety of the children.
Jack Johnson. India Palm Drive - Mr. Johnson stated he is opposed to a comprehensive
plan amendment, and wants to see the property left residential.
Mr. Moncure questioned staffs indication of Medium Density Residential and Commercial
property to the north of the subj ect property. Mr. Karet responded that the designations are
Medium Density Residential and Commercial, but that doesn't mean those uses are on the
properties, they may be vacant.
Laurie Freeman. 3019 Juniper Drive - Ms. Freeman expressed concern with property values
decreasing as well as concern with added congestion from traffic and the welfare of children
walking to the elementary school. Ms. Freeman stated she is also disturbed with the fact that
anything (such as a "bar") could be built on the property if it is zoned commercial.
Several Board members expressed apprehension with the possibility of traffic congestion and
the safety of the children who walk to the elementary school. Mr. Masso interjected that a
development agreement may satisfy the concerns that have been mentioned.
Mr. Garthwaite moved to deny the request because of the traffic congestion at the
intersection, conditions of the road at the railroad tracks, the proximity of the school and the
park. It would be to the betterment of the public health and welfare that additional
commercial use not be put into that area. After discussion, Mr. Hildenbrand seconded the
motion. The motion was DENHID by a 6-0 vote.
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Several Board members expressed their concerns with the request and again mentioned a
development agreement by the applicant. They felt this would control what goes in, how it
goes in, how it is maintained, as well as the impact on traffic.
Chairman Fazzone called for a recess at 8:20 p.m.
Chairman Fazzone resumed the meeting at 8:25 p.m.
OLD BUSINESS:
Discussion of the (B-2 District) proposed Comprehensive Plan Amendment to be
transmitted to the Department of Community Affairs (DCA)
Chairman Fazzone asked Mr. Karet for his explanation of this packet. Mr. Karet said he
wanted the Board to see the completed packet that is to be presented to the City Council.
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Regular Meeting
July 26, 1995
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Mr. Karet then reviewed the zoning change in the vicinity of Hibiscus and Guava Drives and
the permitted uses. He said the intent is to keep the area light industrial.
Mr. Moncure remarked that he is concerned with the soils map, saying the numbers and
letters don't match. Mr. Karet said this would be corrected.
DISCUSSION ITEMS:
A. Community Director's Report
Mr. Karet informed the Board that the Comprehensive Plan is at the printers and will be
available before the next meeting.
B. Chairman's Report
Chairman Fazzone discussed the City Council meeting regarding Mr. James "Buddy"
Davenport's request.
C. Agency Members Report
Mr. Moncure stated he has questions regarding the Sun Shine Law amendments of which Ms.
Storey responded to.
Mr. Garthwaite questioned whether there had been any complaints made on the property at
1717 S. Riverside Drive. Mr. Karet responded that currently there is a code enforcement
action pending.
ADJOURNMENT:
There being no additional business to come before the Board a motion was made and
approved to adjourn. The meeting adjourned at 8:50 p.m.
Minutes respectfully submitted by:
Sondra M. Pengov, Board Coordinator
Land Development and Regulatory Agency
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Regular Meeting
July 26, 1995
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