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04-30-1997 c..~:\ ,Q.. ...... .""", CITY OF EDGEWATER Land Development and Regulatory Agency Regular Meeting Wednesday, April 30, 1997 6:30 p.m. Chairman Masso called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., April 30, 1997 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Ms. Lichter (arrived at 7:02 p.m.), Mr. Moncure, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand and Chairman Masso. Also in attendance were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney and Sondra M. Pengov, Board Coordinator. Mr. Fazzone was recorded as absent. APPROVAL OF MINUTES A motion was made by Mr. Moncure to approve the minutes of March 26, 1997 and seconded by Ms. Agrusa. Motion CARRIED 5-0. Ms. Lichter did not vote as she hadn't arrived as yet. OLD BUSINESS N one at this time. NEW BUSINESS TA-Q701 - Text Amendment Request to Allow a Bed and Breakfast With Over an Acre of Property as a Permitted Use in the R-IA Zonin~ Chairman Masso stated the applicant, Frances D. Todd of 621 N. Riverside Drive is requesting a text amendment to allow bed and breakfast's as a permitted use in the R-1A district. Chairman Masso then asked Mr. Karet for staff's comments. Mr. Karet said the applicant is not present and suggested moving to the next agenda item. Chairman Masso then moved to the next item. Land Development and Regulatory Agency Regular Meeting April 30, 1997 1 ..... ...., TA-9702 _ Text Amendment Request to Add Aquaculture as a Permitted Use in the 1-1 Zonine District. Chairman Masso said Earl wallace, authorized agent for Charles E. Wheaton, is requesting a text amendment to allow aquaculture as a permitted use in the 1-1 district, and asked Mr. Karet to present staff's comments. Mr. Karet pointed out that Mr. Wallace is representing two cases, TA-9702 and RZ-9701 for the same applicant. Mr. Karet said a text amendment has not been before the Board for a couple of years and never under our current Land Development Code. Mr. Karet said this will require a public hearing at the LDRA level and the Council level. He said this meeting will give the Board an opportunity to give staff direction and bring the item to the next LDRA meeting with an ordinance. Mr. Karet continued, saying the applicant is requesting an amendment to the text of the zoning ordinance to add aquaculture to the list of permitted uses in the I-I, Light Industrial district. Mr. Karet gave the background of the site that prompted this request. He said the properly owner, Mr. Wheaton, owner of Quality Septic Tank, located at 417 West Park Avenue, has constructed a roofed fish tank on his properly to perform aquaculture activities. Mr. Karet stated aquaculture is not a permitted use in any of the City's zoning districts. Mr. Karet then defined aquaculture and possible permitted zones. Mr. Karet said the applicant intends to raise catfish or ornamental fish on a small scale. This use would have few negative impacts in an industrial area. Mr. Karet concluded saying, staff suggests that the LDRA consider recommending to the City Council an amendment to the list of permitted uses in the 1-1 district that would permit aquaculture activities related to the hatchery, nursery and maintenance of products in above ground tanks. He said these tanks should be no larger than 10,000 gallons and meet the minimum setbacks for structures in the district. Mr. Garthwaite inquired, why not add aquaculture to the 1-3 district. Mr. Karet explained that the applicant was also requesting a zoning change from 1-3 to I-I, and explained why. Mr. Moncure recommend that aquaculture be permitted in all zones, with limitations to residential zones and gave various reasons. One being, Florida is an ideal climate for aquaculture. Mr. Hildenbrand asked if the fish tanks would produce waste. Mr. Wallace said no, the tanks will have a natural &Iter system. After discussion between the Board members, Ms. Storey suggested the Board give guidance to staff so an ordinance could be drawn up. Mr. Moncure summarized the Board's discussion to allow aquaculture on a limited scale. It was also the consensus of the board to allow more intensive aquaculture in all industrial districts as a conditional use.. Land Development and Regulatory Agency Regular Meeting April 30, 1997 2 ---- ...., Mr. Karet said staff will work with the recommendations of the Board to create an ordinance and bring this request back to the LDRA at the next regular meeting as a Public Hearing. Public Hearine' RZ-9701 - Rezonine Request to Chane'e 1-3 Zonine to 1-1 District. Chairman Masso said Earl Wallace, authorized agent for Charles E. wheaton is requesting a zoning change to properly located at 417 West Park Avenue and opened the public hearing. Chairman Masso then asked Mr. Karet for staff's comments. Mr. Karet said the applicant wishes to change the zoning classification from 1-3, Heavy Industrial District to the I-I, Light Industrial District on aLII + acre site, located at 417 West Park Avenue. Mr. Karet presented the background of the properly. He stated the applicant's property was zoned 1-3 and said the intent of this district is for industrial parks, requiring a minimum lot size and larger setbacks than the I-I or 1-2 districts. Mr. Karet said the applicant believed his properly had been zoned I-I, based on the City's zoning map, dated 1988. Mr. Karet saidln 1992, the zoning map was reviewed against the text of the original ordinances and several errors were corrected. The ordinances showed the applicant's land and surrounding properties were zoned 1-3. Mr. Karet said the seven standards for small scale zoning changes were reviewed. Mr. Karet said the Department of Community Development concludes that the applicant has satisfied six of the seven standards established for small scale rezonings and staff suggests the LD RA favorably recommend the rezoning to the City Council. Ms. Storey asked whether any Board members had contact with anyone or visited the subject properly. Three Board members replied they had either visited the properly or had spoken with Mr. Karet. Chairman Masso asked the Board for their comments. Several Board members discussed with Mr. Karet their concerns with changing the zoning to a less intense zone and why the applicant didn't request adding aquaculture to the 1-3 After comments from Mr. Wallace, Chairman Masso closed the public hearing and asked for a vote. Mr. Moncure moved to grant approval of the rezoning request based on staff comments and recommended approval to the City Council. Mr. Garthwaite seconded the vote. The motion CARRIED 6-0. Land Development and Regulatory Agency Regular Meeting Aprll30, 1997 3 ..... ~ Chairman Masso then went to TA-9701 - Text Amendment and asked Mr. Karet for staff's comments. Mr. Karet said the applicant has requested an amendment to the text of the zoning ordinance to add bed and breakfast (B&B) establishments to permitted uses in the R1-A, Single- family Residential district. He said the applicant owns a 4+ acre parcel containing a single- family residence, located at 621 North Riverside Drive. Mr. Karet said the applicant wishes to convert the house to a B&B, but does not intend to reside in her home, although she will personally operate the business. Mr. Karet said bed and breakfast establishments are not listed as permitted uses in any of the City's zoning districts. He then gave background and definitions of bed and breakfasts. Mr. Karet said staff suggests the LDRA consider recommending to the City Council an amendment to the text of the zoning ordinance permitting bed and breakfast establishments. Chairman Masso asked the Board for their comments. The Board members discussed the historical aspect of bed and breakfast establishments as well as parking and handicap requirements. Ms. Lichter expressed her feelings that the owner should be a resident of a B&B. Chairman Masso then asked the applicant for her comments. Ms. Frances Todd. 621 N. Riverside Drive stated she felt ambiance was a reason most people stay at a B&B and described the beauty of the setting of her home, even though it's not historical. Ms. Todd also felt property over one acre would accommodate any required parking. The Board had discussion regarding the amount of rooms to rent, the parking available and the that the residential character must be maintained and signs should be controlled. The Board also agreed that the ordinance from Gainesville should be used as a guideline in developing the ordinance and recommended bed and breakfast as a conditional use. Mr. Karet said staff will address the Boards comments when developing the ordinance to be presented to the LDRA at the next public hearing meeting. DISCUSSION ITEMS A. Community Director's Report Mr. Karet said the final draft of the EAR is nearly done and will be presented to the LDRA at a special meeting for their input. Land Development and Regulatory Agency Regular Meeting April 30, 1997 4 ,.... .., Mr. Karet reminded the Board that an item heard by the LDRA, Pelican Cove West, will be on the May 5, 1997 City Council agenda Chairman Masso called for a recess at 8:30 p.m. and resumed the meeting at 8:35 p.m. Mr. Moncure stated he felt taking this item to Council with modifications to the plan was wrong. He thought the LDRA should see it first. Ms. Storey explained the LDRA is an advisory board and a development agreement is not required to come back to the LD RA. B. Chairman's Report The Chairman had nothing to report at this time. C. Agency Member's Report The Board 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 8:45 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Land Development and Regulatory Agency :smp c: \LDRA \minutes\4/30/97 Land Development and Regulatory Agency Regular Meeting April 30, 1997 5