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02-15-1984 r r · Q o CITY OF EDGEWATER EDGEWATER PLANNING AND ZONING BOARD FEBRUARY 15, 1984 Minutes Don Bennington called the meeting to order at 7:04 P.M., In the Community Center Building. ROLL CALL Members present: Don Bennington, Jake Wheeler, Lyle Chenoweth, Fred Finn, and Ann Thomas. George Quaggin was absent and Greg Stewart was excused. Also present: Susan Mista, secretary, one member of the press and various people in the audience. At this time all of the members of the Planning and Zoning Board were sworn in by Diputy City Clerk, Susan Wadsworth. Roll Call was taken and the members present were Don Bennington, Jake Wheeler, Lyle Chenoweth, Fred Finn and Ann Thomas. George Quaggin was absent and Greg Stewart was excused. ORGANIZATIONAL MEETING Don Bennington stated that the first item on the agenda was election of Chairman and Vice-Chairman. He further stated that Mr. Stewart called him and said he had a prior committment that he could not get out of and Mr. Bennington asked the Board if they wished to go ahead and elect a Chairman and Vice-Chairman or wait until Mr. Stewart and Mr. Quaggin were present. He advised the Board members that Mr. Stewart had said that he did not want to be nominated for any office due to a new business he was involved in where he might have to substitute as Chairman. Mr. Wheeler advised that he had talked to Mr. Stewart and he said he would take the nomination for Vice-Chairman, if offered to him. It was the concensus of the Board to go ahead and elect a Chairman. Mr. Bennington opened the floor for nomination of. Chairman. Mr. Chenoweth nominated Don Bennington for Chairman, seconded by Mrs. Thomas. There were no other nominations for Chairman. The floor was then closed for Chairman nominations. Upon roll call, motion CARRIED 5-0. Don Bennington was elected Chairman of the Board. Mr. Chenoweth stated that if Mr. Stewart said he would take the nomination as Vice-Chairman, he should be nominated for same. Mr. Wheeler said that is what Mr. Stewart told him. Mr. Bennington opened the floor for nomination of Vice-Chairman. Mr. \ Wheeler nominated Greg Stewart for Vice-Chairman, seconded by Mr. Chenoweth. There were no other nominations for Vice-Chairman. The floor was then closed for Vice-Chairman nominations. Upon roll call, motion CARRIED 5-0. Greg Stewart was elected Vice-Chairman of the Board. APPROVAL OF MINUTES Chairman Bennington stated that the minutes of the Zoning Commission meeting of January 23, 1984, and the Planning Commission Workshop minutes of December 8, 1983, need to be approved, however, there are not enough members present on this Board to approve same. Chairman Bennington asked for a motion for approval of the February 1, 1984, Planning Commission minutes. Mr. Chenoweth made a motion to approve same, seconded by Mr. Finn. Motion CARRIED 3-0, with Chairman Bennington, Mr. Finn and Mr. Chenoweth being the only members at said meeting voting. Chairman Bennington then asked for suggestions as to how to approve the other minutes. Councilman Jack Spencer, a member of the audience, suggested that Mr. Wheeler recommend that the minutes be approved for the Zoning ~ o Commission minutes and if there are no objections to same, let the record show that he approved them; and do the same with the Planning Workshop minutes. Mr. Wheeler then recommended that the Zoning Commission minutes of the January 23, 1984, meeting be approved. There being no objections to same, the minutes were approved. Chairman Bennington recommended that the minutes of the Planning Commission Workshop of December 8, 1983, be approved. There being no objections to same, the minutes were approved. REVIEW SITE PLANS SP-8404 - Medardo Soldevilla - 2025 South Ridgewood - Restaurant Mr. Soldevilla was present to discuss his plans. Chairman Bennington questioned Mr. Soldevilla concerning his Contract for purchase of this building, wherein it states that he has to get a permit from DOT to place a culvert at the front of the property. He asked if that was the ditch in the front. Mr. Soldevilla said no, if he fills it up all the way he will have to put in a manhole; if it is filled only on the right side, he will not have to have a manhole, which is what he is planning on doing. Chairman Bennington stated that the drawing shows a 14' driveway and the Code requires 20'. He referred to the Code on page 1623 wherein it states that 20' is required for single accessways serving multi-family or non-residential uses for a one-way entrance. If the entrance is for two ways, the Code requires 24' accessway. A discussion then ensued concerning the trees located at the front of the ~roperty. There are presently three trees in the front and Mr. Soldevilla plans on removing one of the palm trees that will be in the way of the parking spaces. Chairman Bennington advised him that he could not put parking spaces in the location he has indicated on the site plan due to the fact there is not 20' for backing out, which is required by the Code. Mr. Soldevilla stated he will have 4 tables with 16 seats inside the restaurant and he asked how many parking spaces he would need. Chairman Bennington advised that he would need 8 spaces. He also advised him that where his drawing indicates 15' for backing out of the parking spaces, he will have to change it to 20'. Mr. Soldevilla agreed to change the plan, as advised. Chairman Bennington questioned Mr. Soldevilla as to whether or not the residence next to the proposed restaurant uses the driveway for getting in and out, to which Mr. Soldevilla replied, yes. He further stated that his driveway would be one way in. Chairman Bennington said if the drive is used as an entrance, the neighboring people could not use it to get in and out of. He stated that the parking area could be removed from that side, allowing for an entrance and exit in that location. There is enough land in the back of the structure to allow for the parking spaces that are required by the Code - there would be no problem with the parking require- ments. Chairman Bennington noted that there were no comments from the Police or Fire Department concerning this site plan. The secretary advised that the Fire Department Supervisor brought his comments in yesterday, and advised that he had no problems with this site plan being converted to a restaurant. Mr. Chenoweth made a motion that this site plan be given preliminary and final approval, subject to the driveway being situated on the south side of the structure, said driveway being 24' wide and used as an entrance and exit; and providing for adequate parking spaces in the rear. Mr. Finn seconded the motion. -2- Planning and Zoning Board February 15, 1984 Q o Mr. Wheeler stated that h~ felt that he should come back with revised drawings, indicating these changes. Chairman Bennington said that the motion could stipulate that these drawings be provided, showing the changes. He further advised that Mr. Soldevilla understands that he has to have 20' for backing out of the parking spaces. Mr. Wheeler asked that it be stipulated in the motion that Mr. Soldevilla resubmit the corrected drawings, prior to issuing the building permit, to show the changes in the parking and driveway areas. Upon roll call, motion CARRIED 5-0. SP-8405 - Lloyd VanWinkle - 101 South Ridgewood - Two Sun Roofs Mr. VanWinkle was present to discuss his site plan. Chairman Bennington asked Mr. VanWinkle if he owns both of the businesses at this location. Mr. VanWinkle advised that he owns the property but not both businesses. Chairman Bennington then stated that there is not enough parking shown on the site plan. He further stated that Mr. VanWinkle was granted a variance by the Board of Adjustments in 1982 for one sun roof on the north side, however, according to the Code, since a year has elapsed since the variance was granted, he must come before the Board again for approval. A discussion then ensued regarding the number of parking spaces required in compliance with the Code. Chairman Bennington stated that 15 parking spaces were needed for the 5 bays that are indicated on the plans. He asked if the proposed sun roof areas were going to be used as working bays, to which Mr. VanWinkle advised that they were. Chairman Bennington then said that Mr. VanWinkle is short 9 parking spaces, before he adds the sun roofs. Mr. Wheeler made a motion that this site plan be rejected for the reason that it does not meet the parking requirements in compliance with the Code. Mr. VanWinkle advised that he has only three mechanics and he did not see why so many parking spaces were needed. Chairman Bennington explained that each man may be working on three cars and some people may bring their car in and leave it for the entire day. Spaces must be provided for parking these vehicles, whether they are being worked on or not. Each working bay requires 3 parking spaces. Mr. VanWinkle advised that the 2 bays outside of the building were not working bays, they are the machine shop. There are only 3 working bays - not 5. Chairman Bennington then said that with 3 working bays, only 9 parking spaces are required and the site plan shows 10. He asked Mr. VanWinkle if the sun roofs would be covered parking spaces, rather than a bay, to which Mr. VanWinkle replied, yes. Chairman Bennington stated that according to the City Engineer, he has contacted Mr. VanWinkle's engineer and there is no problem with preliminary approval due to the fact the engineer is working on handling the stormwater management matter. Mr. VanWinkle advised that his engineer is John Parnell. Regarding the 12' driveway, Mr. VanWinkle advised that the area is actually 16', however, the concrete area is only 12'. Chairman Bennington stated that two variances were needed; one for the sun roofs that would violate the zoning setbacks, and the proposed driveway is in violation of the parking ordinance. Mr. Wheeler withdrew his motion to reject the plans, since it has been determined that there are sufficient parking spaces to comply with the Code. Mr. Chenoweth made a motion that this site plan be given preliminary and final approval, subject to getting a variance from the Board of Adjustments for the two sun roofs and the 12' driveway. Mrs. Thomas seconded the -3- Planning and Zoning Board February 15, 1984 Q o motion. Chairman Bennington stated that the City Engineer would recommend preliminary approval regarding the stormwater management calculations, however, he felt that final approval should stipulate that the City Engineer approve of these calculations. Mr. ,Chenoweth amended his motion to include that final approval is also subject to approval by the City Engineer concerning the stormwater manage- ment calculations. Mrs. Thomas amended her second. Upon roll call, motion CARRIED 5-0. SP-8403 - Luis Geil for Robert Voshell - 22nd & Hibiscus - Permission to allow construction of warehouse in B2 zone. Mr. Geil and Mr. Voshell were both present concerning this site plan. Chairman Bennington advised that the applicant is asking that the Board amend the B2 zoning to include warehouses. Mr. Geil advised that the size of their proposed building does not meet the requirements of a miniwarehouse, however, the Code does not provide a definition for a warehouse. Mr. Wheeler stated that warehouses are listed as permitted uses in II. Mr. Geil stated that they are complying with the requirements for a miniwarehouse except for the size - width and length. A discussion then ensued regarding how miniwarehouses came about. It was the opinion of Chairman Rennington that possibly the two roads along the railroad tracks in Florida Shores are zoned wrong. He said warehouses do not belong in B2 and maybe neighbor- hood businesses should not be allowed in that area. Mr. Wheeler agreed with Chairman Bennington. Chairman Bennington said that maybe that area should be zoned light industrial, or II. He further stated that he did not feel that the B2 zoning should be amended to allow warehouses. Mr. Wheeler agreed. Mr. Geil statro if they reduced the width and length of the cubicles and add more, leaving the building as it is, then it will be allowed. Mr. Voshell advised the Board that he wanted to store some $700,000 worth of antique automobiles, that he has lost his storage space and has to build a new facility. He further said that he needed a place to store them until such time that he can build a museum. All of them are restored and finished. The plans are shown so that he can store two cars in each unit. If and when he moves the automobiles out, the building could be rented as storage, and large enough to not have to cram a large amount into a small space, thereby eliminating the possibility of a fire hazard. A lengthy discussion ensued concerning the miniwarehouses located in this area, their use and misuse, and the suggestion of rezoning this area to II, to better comply with the Code requirements for this zoning district. Mr. Wheeler made a motion to reject this site plan for the reason that the use is not allowed in the B2 zoning district. Motion DIED for lack of second. Mr. Geil said all he had to do was add restroom facilities and parking facilities and they could have the same building and size as they are proposing. Chairman Bennington said that was correct. Mr. Voshell said the area is zoned for a body shop, if the Board wants him to put in a body shop, he will - but he advised he would still store them there. Chairman Bennington said the problem is what the structure will be used later foi, if the facility is sold or rented. Chairman Bennington said that Mr. Voshell is asking that they amend the neighborhood business district to include warehouses. Mr. Chenoweth said that principally that area is being used for that purpose now. Chairman Bennington said that he believes the zoning is wrong. There is one duplex at the end of Guava, everything else is either warehouses, auto body shops, etc. At the beginning of Guava there is a duplex bu~iness building, a surveyor, a window shop, a nursery, Earl Wallace's drafting, woodworking place - and on the right hand side is warehouse. The west side of Guava and the west side of Hibiscus should probably be zoned light industrial, which permits warehouses, body shops, etc. From 20th to 30th Streets the property is buffered on both sides by R4, then it goes into R2B, or single family. North of 20th on Hibiscus is all single family and industrial zoning should not be down that strip. Mr. Wheeler said the II should be from 20th to 30th Street, only. -4- Planning and Zoning Board February 15, 1984 o o Chairman Bennington said that the usage that the land is being used for now and the best use of the land, with the dirt streets, it should be changed to light industry. Mr. Wheeler said that the recommendation would have to go before Council before it can be rezoned and public hearings will be held concerning the proposed change. Mr. Chenoweth made a motion that a recommendation be sent to Council to rezone the area between 20th and 30th Street on Hibiscus and Guava that is presently zoned B2, be changed to II. If Council approves the rezoning to 11, then Mr. Voshell can come back before the Board with his site plan. Mrs Thomas seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Develop new By-Laws for the Board. Chairman Bennington stated that the members were given copies of the by-laws for the Planning Commission, Zoning Commission and the previous Planning and Zoning Board for review. It was his suggestion that in reviewing the by-laws of the combined Board, which is almost identical to the by-laws for the separate Boards, the ordinance that was recently passed for this Board states that 4 members are needed for a quorum, and 3 to pass anything. The new by-laws will have to reflect tha~ since it is already in the ordinance. On page 3, item C, under "Secretary", the word "Manager" should be deleted and have it read "City". On page 5, under "Quorum" and "Voting", that has been determined by the ordinance, also, and it should probably be put in the by-laws the way the ordinance reads. It was his suggestion that the rest of the wording be the same as in the previous by-laws for the Planning and Zoning Board. There were no other comments or suggestions concerning this matter. Mr. Wheeler made a motion that the new by-laws be written as the previous by-laws for the Planning and Zoning Board, including the changes noted by Chairman Bennington. Mr. Chenoweth seconded the motion. Motion CARRIED 5-0. Review Alcoholic Beverage Requirements in Code. Chairman Bennington advised that Gigi Bennington has learned some infor- mation concerning this matter. Mrs. Bennington advised that she is a member of the Florida League and on a committee called Inter-Governmental Relations. One of the cities on this committee had a problem with the selling of alcoholic beverages and they tried to limit the sale of off-premises consumption, particularly in gas stations, by zoning. They are now in Court due to the fact there is a state statute that says if you are granted a license by the state for the sale of malt liquor, which is beer, for off-premises consumption, you cannot restrict it by zoning. This means that anyone who wants to get a beer license can apply to the state and if given a license by the state, the City cannot prevent them from selling it. This information came from the City of North Miami. The Florida League of Cities has asked the state to do something about this matter and have been turned down because of the lobbying for alcoholic beverage sales. They are presently trying to get more people involved to try and change this, by passing some sort of bill to allow the cities to control the issuance of licenses, in whatever way possible. Chairman Bennington said, in conclusion, there is nothing this Board can do to control this problem because the state will not allow them to. Councilman Jack Spencer said he had talked to state Senator Langley about this matter and he advised Mr. Spencer that all the cities can do is control the hours that beverages are allowed to be sold in the City, but you cannot zone it out. Review 880 Ordinance - Permitted Uses Chairman Bennington stated that the Permitted Uses in all of the zones needs to be reviewed and updated. He further said that if the Board -5- Planning and Zoning Board February 15, 1984 . . Q Q ~ does not have enough time at their regularly scheduled meetings to go over these items, maybe another meeting should be called each month to review same, until all of the Permitted Uses in all of the zones ha~been updated. Councilwoman Gigi Bennington suggested that perhaps there should only be one meeting a month to review site plans and the other meeting to review the items that need_to be updated, for example these Permitted Uses. It is too difficult to discuss an item like the Permitted Uses when the agenda is already full. There is not enough time for adequate discussion when the agenda is full. Chairman Bennington said that the schedule needs to be rearranged so that the Department Head Supervisors comments can be added to the Board's packet each time. He felt it was not good to receive these comments the night of the meeting, rather, they should be included in the packet so the Board members can review same prior to the meeting instead of the night of the meeting. Councilman Jack Spencer discussed the land that is being annexed by New Smyrna Beach. He stated there is an agreement between Edgewater and New Smyrna Beach regarding annexation, however, the present property that will be annexed is not included in this agreement. It does not violate the agreement. He further stated that he wanted to thank the Board members for volunteering to do this job, he appreciates their help and wished the members success with the combined Board. There being no further business to come before the Board, upon motion made by Mr. Wheeler to adjourn, seconded by Mr. Chenoweth, the meeting was adjourned at 9:00 P.M. Minutes submitted by: Susan Mista -6- Planning & Zoning Board February 15, 1984