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06-05-1985 u ~ CITY OF EDGEWATER PLANNING AND ZONING BOARD MEETING JUNE 5, 1985 Minutes Chairman Don Bennington called the regular meeting to order at 7:02 P.M., in the Community Center. CALL TO ORDER/ROLL CALL Members present: Messrs. Bennington, Wheeler, Finn, Quaggin,Mackie and Poland. Ann Thomas was absent. Also present: Susan Mista, secretary, one member of the press, Mayor Earl Baugh and Councilman James Inman. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the May 1, 1985, meeting, seconded by Mr. Quaggin. Motion CARRIED 6-0. Mr. Wheeler made a motion to approve the minutes of the May 21, 1985, special meeting, seconded by Mr. Mackie. Motion CARRIED 5-1. Chairman Bennington voted NO because he was not in attendance at that meeting. Review Application for Special Exception filed by Leslie Ogram to change the use of a warehouse to a retail business, concerning compliance with the Comp Plan. Mr. Ogram was present to discuss his plan with the Board. Chairman Bennington stated that there is no drawings to show if the building will meet the zoning, whether or not it has bathroom facilities, parking facil- ities, etc. Mr. Mackie asked where this building is located, to which Mr. Ogram replied, 220 Mango Tree. Chairman Bennington asked Mr. Ogram what is in the warehouse at the present time. Mr. Ogram informed him that Electrical Construction is in there now and the building does have bath- room facilities and he wishes to change it to a retail store selling marine supplies. Chairman Bennington said he wanted to see a site plan to determine whether or not it complies with the Code and the Comp Plan. He asked that Mr. Ogram inform the Board of the type of business fie wants to put in, the number of employees, show the parking and anything else that he will need to furnish to the Board of Adjustments for the Special Exception. Mr. Wheeler made a motion to TABLE this request to the next meeting wherein Mr. Ogram is to furnish the Board with a site plan and intended use of this building. Mr. Quaggin seconded the motion. Motion CARRIED 6-0. Chairman Bennington advised Mr. Ogram that he would not need stormwater calculations due to the fact he is not changing the building. Review Application for City Occupational License for George Barry, Jr. - J. Barry's Auto Service - 106 Naranga. Mr. Barry was present to discuss this application. Mr. Mackie said he was looking at this property andB3 zoning only goes to Erskine and this man is on the east side of Erskine. Mr. Barry said he lives on the corner of Erskine and Naranga, his house is situated on Naranga. Chairman Bennington asked whether or not the garage is attached to his home, to which Mr. Barry replied, yes. He further explained that all he wanted to do was minor auto repairr tune-up work, like brake jobs, o illy minor work. Mr. Mackie said if the garage is attached to the house it can be a fire hazard in using welding equipment. Mr. Barry said he would not be using welding equipment. Chairman Bennington said he thought the Board should have a site plan, showing the parking, etc., and keeping in mind that across the street is residential property. Mr. Barry explained that a beauty parlor is on the opposite corner, a food company is also in there. Chairman Bennington said this is a situation of doing automotive work in a driveway, {J (.) across the street from residential property. There may only be one house there, but they have rights, too. Mr. Barry said he was not complaining - he brought his car to him to repair. Chairman Bennington said they also. need to see a plan showing where the cars will be parked. Mr: Wheeler agreed that they need a site plan before thay can decide on this matter. Mr. Barry said he has a full time job elsewhere, this work he does at his home is only done during his time off. He said he works 5~ days a week but there is an individual in his neighborhood causing him problems and he wants to operate this business legally so this man has no reason to complain. Mr. Mackie made a motion to TABLE this request until such time Mr. Barry can bring in a site plan, showing how the parking will be arranged, where exactly the work will be done, how the plan is laid out. Mr. Wheeler seconded the motion. Motion CARRIED 6-0. Chairman Bennington informed Mr. Barry that the plan should show the location of the building on the lot, where the parking will be situated, the landscaping on the property, whether or not vehicles will be parked on the property and if so, where. Review Certificate of Zoning - James A. Rives - Auto Sales/Office Building - 103 Connecticut. Chairman Bennington referred the Board members to the letter from the secretary that is further down on the agenda and concerns this matter, requesting that this letter be brought up to be discussed in connect~on with this case. The Board members agreed to move that item on the agenda up to coincide with this Certificate of Zoning request. At this time Chairman Bennington read the letter from the secretary into the minutes which stated that she had contacted City Attorney Alvarez concerning the Board's motion at the May 21st meeting that she get a legal opinion defining the terms "permanent hard surfaced" parking area. Through City Clerk Connie Martinez, Mr. Alvarez said this did not require a legal opinion and this matter should be decided administratively on a day to day basis. Dennis Fischer, the Building Official, determined that Mr. Rives' hard packed shell parking area was not in violation of the Code requirements and, subsequently, Mr. Rives was given a building permit for this project. Chairman Bennington then read the memo from City Attorney Alvarez into the minutes which stated that the request for a legal opinion concerning the terms "permanently hard surfaced" parking is not necessary, that the Building Department personnel should handle matters such as this on a day to day basis and make these determinations themselves. Mr. Poland asked how a building permit can be issued without having final site plan approval. Chairman Bennington said it can be done by people in Edgewater violating the Code apparently. He then read from the Code which states that prior to issuing a building permit a site plan shall have final approval, and Mr. Rives does not have it he said. Mr. Poland made a motion that since this has obviously been handled by the Building Inspector that the Board move onto the next case. Mr. Mackie seconded the motion. Chairman Bennington informed the Board that there is a new form called a "Certificate of Zoning", which must be signed by him, stating that the applicant complies with the zoning. He said that unless the Board votes that this complies with the zoning, he will not sign it, that there is no way this complies with the zoning. He went on to say the parking is illegal, it cannot be arranged to where you back out directly onto the street. If the Building Official does not know the Code, he suggested he start reading it. Upon roll call, the motion carried 5-1 with Chairman Bennington voting NO. Mr. Rives asked what this means, what does he do now? Chairman Bennington advised that he did not know, he could not answer that. -2- Planning and Zoning Board Meeting J un e 5, 19 8 5 -..;;;;; Q Q Review letter from Connie Martinez regarding corrections to City Code. Chairman Bennington referred to the letter which refers to service stations, type A, Band C with C allowing paint and body shops. There are no definitions as to exactly what these are and definitions need to be included in the Code for these service stations. Chairman Bennington said someone could corne in and apply for a license for a service station type C and operate a paint and body shop. A discussion then ensued con- cerning what these types are used for. Chairman Bennington referred the Board members to page 877 of the Code which gives the definition of type C, which he read into the minutes. Mr. Poland said that the Code defines type A service station, B service station and C service station, however, what is an automotive service center? Chairman Bennington said that service stations are defined; type A and B refer to sale of fuel - type C does not. According to the way the Code is presently written, Mr. Poland noted that any place that sells fuel would not be allowed to rebuild an engine. Chairman Bennington said he thought maybe a definition needs to be written for "automotive service center". Mr. Poland said perhaps they need to add sale of fuel to type C and define that as an automotive service center where any type of repair could be done in type C. Chairman Bennington suggested the Board look into this matter further before making any decisions. Chairman Bennington referred the Board members to the next item in the City Clerk's letter concerning the stormwater management Ordinance wherein there are no provisions for commercial exemptions. He reminded the Board of the meeting that" was held with Council, the City Engineer and City Attorney concerning this Ordinance, which was held last year, wherein Mr. Ferrara suggested exempting commercial projects from the first 1,000 square feet. Whether an addition is proposed of 1,000 square feet or a new structure of 1,000 square feet - no stormwater calculations would be required for these structures. A discussion then ensued concerning whether or not they want commercial exemptions for stormwater calculations and if so, what should they be. Chairman Bennington said he felt there should be someone in the City who could look at these smaller projects and determine whether or not they are retaining 1" of water run-off on the property. He does not think there should be a blanket exemption, however, the way the Code is written everyone has to have stormwater calculations, regardless of the size of project. He noted that the Building Official, Dennis Fischer, was asked if he felt he could review these smaller projects and make a determination concerning the stormwater system and he said he did not think he was qualified to do so. Mr. Poland said he was in favor of requiring stormwater calculations on all commercial property; that the Code should be left the way it is. The other Board members agreed with him. Chairman Bennington r.ead a memo into the minutes from the secretary concerning two contradictions in the B3 Permitted Uses; one is the term, Bakeries, Nonmanufacturing, and the term, Manufacturing, not to exceed 3 employees. Chairman Bennington said there are manufacturing bakeries already in B3. After a discussion concerning this contradiction, Mr. Wheeler made a motion to send a memo to Council, requesting that the word, "nonmanufacturing", be deleted from the B3 Permitted Uses after the Bakeries listing. Mr. Quaggin seconded the motion. Motion CARRIED 6-0. The second contradiction is Automobile Sales, new and used, and Franchise, new auto dealers, the sale of used must apply as a Special Exception. Chairman Bennington said he thought that one of the services of the company who publishes the Code is that they automatically take out any -3- Planning and Zoning Board Meeting June 5, 1985 Q o conflicting material, however, he said he found out that this is an extra cost by the publisher and the City does not have this service. He went on to say that would have automatically been deleted when the Code was changed to allow new and used cars. The nonmanufacturing from Bakeries should have been deleted, also. Chairman Bennington said the last Ordin- ance was 84-0-14, which he read Section 5 from the Ordinance which states that all ordinances or resolutions in conflict herewith, be, and the same are hereby repealed. Therefore, Chairman Bennington said the two contrad- ictions should have been deleted automatically when the Ordinance, 84-0-14 was passed. The secretary was asked to contact the publisher and ask them to delete the contradictions in the B3 Permitted Uses. OLD BUSINESS Review requirements for Model Homes discussed at 5-1-85 meeting. Chairman Bennington said they are still operating in Florida Shores and one of them was broadcasting a radio station last week-end. Mr. Finn said the term "open house" is used by real estate companies for houses they want to be open to the public to see. Chairman Bennington read into the minutes the proposed Ordinance he prepared, calling them "Display Open Houses". He said it was his understanding that Council was concerned with these homes being located in residential areas, especially the traffic they create, the signs and banners displayed, and this should not be allowed in residential neigh- borhoods. The Board members agreed with Chairman Bennington's proposal. A discussion then ensued concerning the pros and cons of allowing model homes in residential subdivisions. Mayor Baugh asked if a provision could be put in the Ordinance whereby the developer must offer the model home for sale after a certain period of time. Chairman Bennington said that the permit for the model home could be renewable after one year, and if the developer comes in to renew his permit, he must go before Councilor the Planning Board to approve or disapprove same. Mayor Baugh said he thought the developer would be more likely to put more into the model home if he knew he had to sell it after a certain time. The Board members decided that a $75.00 fee would be required to renew the permit and all abutting property owners and property owners adjacent to, across the street from, etc., will be notified when a developer asks that his permit to operate a model home be renewed. Mr. Wheeler made a motion that Chairman Bennington's proposed Ordinance for Display Open Houses be sent to Council with recommendation that same be adopted, including the provision for the renewable permit, fee for same, and notification of surrounding property owners. Mr. Finn seconded the motion. Motion CARRIED 6-0. Review Fences, Walls and Hedges Ordinance discussed at 5-1-85 meeting. Chairman Bennington stated he took everything that the Board had discussed at the last meeting and prepared a work sheet, taking certain items out of the Ordinances sent from the Florida League of Cities. He asked that the secretary type it and give each member a copy of same and that it be presented at the next meeting. Mr. Wheeler made a motion to TABLE this matter to the next meeting, seconded by Mr. Mackie. Motion CARRIED 6-0. Review letter from secretary regarding Pet Sales as Permitted Use ln B3 zone. Chairman Bennington read the letter from the secretary into the minutes which stated that Mr. Langston, the man who wanted to open a pet shop -4- Planning and Zoning Board Meeting June 5, 1985 - o o in the City, withdrew his request, he no longer plans to open a retail pet shop. Chairman Bennington asked the Board whether they wanted to discuss adding retail pet sales to the Permitted Uses in the B3 zone, in case the matter should arise in the future, or to leave it out of the Permitted Uses. The Board members decided to leave the Code the way it is and not add retail pet sales at this time. MISCELLANEOUS Chairman Bennington advised the Board members that he requested the secretary to furnish the Board with a copy of all the Department Head monthly reports from January, 1985, to the present. The secretary advised him that the City Clerk asked that due to the volume of paper- work involved in this request, she needed a motion from the Board and the reason why this request was made. He said it was his opinion that these reports would be helpful to see where the growth patterns are developing in the City. Mr. Poland agreed, stating they need the re- ports to do planning, for example, concerning recreational property in the City, etc. Mr. Mackie made a motion that the Board be furnished with the Department Head monthly reports from January to the present, and every month here- after. Mr. Wheeler seconded the motion. Motion CARRIED 6-0. Mr. Mackie made a motion that the of all Council minutes so that he and business concerning the City. Motion CARRIED 6-0. Chairman of this Board receive a copy will be aware of all the activities Mr. Wheeler seconded the motion. Chairman Bennington said that he recently got a letter dated in January that the City Engineer, Mr. Ferrara, wanted to meet with the Board con- cerning the Comprehensive Plan. He stated he never received the letter until recently and did not know Mr. Ferrara had requested such a meeting. Mr. Quaggin suggested that they wait until they get the monthly reports from the Department Heads and then make plans to meet with Mr. Ferra~a. Chairman Bennington reminded the Board that there is a State law that says each City must have a working Comprehensive Plan. Concerning the Parking section in the Code, specifically where it states a permanently hard surfaced area, Chairman Bennington said that they need to decide whether or not this means paved parking. He reminded the Board that this Board has the power to impose any requirement on a site plan that they see fit, however, the same requirement has to be imposed on everyone, showing no partiality. There being no further business to come before the Board, upon motion by Mr. Wheeler to adjourn, seconded by Mr. Mackie, the meeting was adjourned at 8:56 P.M. Minutes submitted by: Susan Mista -5- Planning and Zoning Board Meeting June 5, 1985