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11-29-1995 W" ...." CITY OF EDGEW ATER LAND DEVELOPMENT AND REGULATORY AGENCY Regular Meeting Wednesday, November 29, 1995 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, November 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 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 October 25, 1995 were presented for approval. Mr. Garthwaite moved to approve the minutes as presented, seconded by Mr. Moncure. The motion CARRIED 7-0. OLD BUSINESS Vice Chairman Masso (spoke for Chairman Fazzone who had laryngitis) re-opened the public hearing continued from the October 25, 1995 meeting. CPA-9503 - Coronado Paint Company - Joe D. Martin, PE, authorized agent, requested a Comprehensive Plan Amendment and a request for rezoning of property located on the north side of Snider Street, lots 10-12. Ms. Storey reminded the Board that the majority of testimony for items CPA-9503 and CPA- 9504 was heard at the October 25, 1995 meeting. She said the public comments portion of the meeting had been closed and discussion of options with the applicant was in progress. Vice Chairman Masso asked for continued discussion on item CPA-9503. The Chairman said the Board is in receipt of a letter from Mr. Martin regarding the rezoning request from Coronado Paint Company. He then read it for the record. The letter stated that Coronado Paint Company did not wish to submit a development agreement and/or site plan as a condition for action on the rezoning request. .... ...." Mr. Masso stated he felt the letter implies Coronado Paint doesn't want additional discussion pertaining to a development agreement and they want their request referred to the City Council. Ms. Storey suggested the Board hear from the applicant and his attorney so they may comment on the contents of the letter. Peter Heebner, Attorney. 523 N. Halifax, Daytona Beach - Mr. Heebner stated a development agreement or a site plan are not required to get a rezoning. Mr. Heebner showed a layout of the property to be rezoned and explained this to be Phase II of Coronado Paint. He said the two items of concern the Board had, seemed to be the relationship of the residential property and whether I8-wheelers would park on the property. Mr. Heebner said the area would be used for parking and retention, however, an exact sketch could not be drawn until SJRWMD is consulted. At the time of site plan presentation, the exact use of the property would be demonstrated. He said there would be no I8-wheelers on the property. Mr. Heebner said for the record, all requirements had been met, and the applicant would like to go to Council with the LDRA's blessing. Mr. Garthwaite said he understood the property would be used for parking and an office building, but is concerned as to how and where the buffering would be done. He didn't feel a development agreement was out of line. Mr. Garthwaite said he wanted protection for the surrounding property owners. He also mentioned the request for Snyder and Otter Streets to be abandoned. He asked why the Board had not been notified. Mr. Karet explained that Council hears requests for abandonments. Attorney Heebner replied that the two items requested for abandonment are essential and if the Council doesn't approve them, the proposed site plan would be "out the window". He said this was another reason they could not commit to a site plan at this time. Mr. Heebner then elaborated on the requirements for buffering. Mr. Heebner again said, this would be a combination of parking and retention area, based on St. John's comments. He said this was all the commitment that could be made to the use of the property right now. Vice Chairman Masso also made reference to the abandonment of Snyder and Otter Streets. He felt all the information was not provided "up front", that is why he would prefer a development agreement. Then they would know exactly what is going on. Mr. Moncure read for the record Policy 5.2 that pertained to buffering. He expressed his concern with buffering to the residential properties and felt it must be taken into account that something undesirable could be constructed. Attorney Heebner suggested the LDRA recommend to the City Council, approval of the Land Development and Regulatory Agency Regular Meeting Page -2- ~ ...., rezoning and the amendment to the comprehensive plan with a recommendation that the uses of the two parcels not be so intense. He said they may be able to commit to what would not be done on the subject property. After discussion between Board members, Vice Chairman Masso asked Ms. Storey for advise in handling the request. Ms. Storey responded that the Board needs to make a recommendation to the Council based on the discussion heard. Discussion continued regarding conditions to the request. Mr. Moncure then moved to recommend approval of the rezoning and Comprehensive Plan amendment request to the City Council, subject to the following conditions: no paint manufacturing, no parking of 18-wheel tractor trailers or repair facilities, and no chemical storage, seconded by Vice Chairman Masso. Motion CARRIED 7-0. CPA-9S04 - Coronado Paint Company - Joe D. Martin, PE, authorized agent, requested a Comprehensive Plan Amendment and a request for rezoning of property located on the northeast comer of West Ocean Avenue and Old County Road. Ms. Storey said at the previous LDRA meeting the public hearings were combined regarding items CPA-9503 and CPA-9504. At that meeting Mr. Karet's comments combined the two issues. She said this portion of the meeting was at the discussion phase, the public comments had been made. The Board felt no additional discussion was necessary. Mr. Moncure then moved to recommend approval of the rezoning and Comprehensive Plan amendment request to the City Council, subject to the following conditions: no paint manufacturing, no parking of 18-wheel tractor trailers or repair facilities, and no chemical storage, seconded by Ms. Lichter. Motion CARRIED 7-0. Chairman Fazzone called for a recess at 7:40 p.m. Chairman Fazzone resumed the meeting at 7:45 p.m. CPA-9S0S - Larry W. Westfall - Joe D. Martin, PE, authorized agent, requested a Comprehensive Plan Amendment and a request for rezoning of property located at 143 West Ocean Avenue. Chairman Fazzone opened the public hearing. Mr. Karet said the applicant had no representation present. He said there had been no contact Land Development and Regulatory Agency Regular Meeting Page -3- .... ......, from Mr. Westfall as to who would be representing him in Mr. Martin's absence. Ms. Storey suggested the LDRA may want to continue this request to another meeting. Ms. Agrusa asked if the letter from Mr. Martin stating Mr. Westfall did not wish to submit a development agreement and/or site plan be considered as notification? Ms. Storey said this is a similar letter as sent by Coronado Paint, but they commented that they may make conceSSIOns. Ms. Lichter said she felt the letter implied the applicant wished to have the issue passed on to the City Council. She said she would like to discuss the issue and send a recommendation to Council. A presentation was made by Mr. Karet incorporating the two previous requests with the comparison to Westfall's property. He said Mr . Westfall's property is located to the east of the Coronado Paint property. Mr. Karet said Mr . Westfall had made no agreement with Coronado Paint, this request was not in conjunction with Coronado Paint. Mr. Karet said Mr. Westfall had stated his intention to change the use of his property was because he felt his property would not retain value as a residence. Mr. Karet also said Mr. Westfall didn't intend to change the use of his property at this time. Mr. Karet said in prior conversation with Mr. Westfall, he indicated his lack of interest in a development agreement is because he had no plans for his property. Mr. Karet said the issues relating to the comprehensive plan and the land use principles are essentially the same as the two previous presentations. Mr. Karet said Mr. Westfall's property would be bordered on the north and east by industrial, if CPA-9504 is approved by Council. Mr. Moncure asked Mr. Karet if there was any specific reason for rezoning. Mr. Karet replied, not to his knowledge. Mr. Moncure also asked, if Mr. Westfall's property is rezoned industrial, would this be creating his existing residence to be a non-conforming use. Mr. Karet said, yes. Chairman Fazzone closed the public hearing. Ms. Lichter stated she felt the proposed change could have a negative effect on the character of the surrounding area, as it's not known what will go on that property. She also felt it was contrary to the established land use and doesn't meet the required criteria. There being no additional discussion Mr. Moncure moved to deny the rezoning and comprehensive plan request as it doesn't meet the required criteria, seconded by Mr. Hildenbrand. Motion CARRIED to deny the request 7-0. Land Development and Regulatory Agency Regular Meeting Page -4- '-" ...., DISCUSSION ITEMS: Krista A. Storey. City Attorney - Discussion of rules regarding ex parte communication, Resolution No. 95-R-ll, approved by City Council August 21, 1995. Ms. Storey had provided the Board with a copy of the adopted resolution. Ms. Storey summarized the resolution saying, the resolution requires disclosure and inclusion in the record before any final action is taken of any ex parte communication and written communication relating to quasi-judicial actions. Investigations, site visits and receipt of expert opinions regarding quasi-judicial actions would be allowed so long as their existence is made part of the record before any final action is taken. A. Community Director's Report Mr. Karet asked the Board if they had any objections to canceling the December LDRA meeting due to the holiday week. The Board agreed to cancel the meeting. B. Chairman's Report Chairman Fazzone mentioned that the City Council, at their last meeting, directed staff to come up with a sign ordinance. He made reference to the past years of study that staff and a sign committee had worked on for several years, putting in many long hours of work. Chairman Fazzone wondered why this draft sign ordinance couldn't be refined if necessary, rather than discarded completely. Ms. Storey replied that she is aware of the draft sign ordinance and the time spent to create it, however, this could not be adopted as written, because of the difficulty of enforcing it. She said the City Manager has directed Mr. Karet and herself to work with him to make revisions to the draft ordinance, then present it to the Council. c. Agency Members Report Ms. Lichter expressed concern with the City Council turning down the B-2 rezoning request to 1-1. She asked Mr. Karet if the request would be presented to Council again. Mr. Karet said the issue is not "dead". He said possibly the LDRA could participate in the meeting when this issue comes before Council again. Discussion followed as to how this would be handled at the Council Land Development and Regulatory Agency Regular Meeting Page -5- .... ....., meeting. Mr. Moncure said he was still concerned with the lO-step process of the quasi- judicial proceedings that the LDRA must follow. He said he would continue to work on a short form to bring before the Board. 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 c:\ Idral 995\minutes\ 1 12995 Land Development and Regulatory Agency Regular Meeting Page -6-