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06-18-1985 - Special Q u CITY OF EDGEWATER PLANNING AND ZONING BOARD SPECIAL MEETING JUNE 18, 1985 Minutes Chairman Don Bennington called the Special Meeting to order at 10:00 A.M., in the Community Center. CALL TO ORDER/ROLL CALL Members present: Messrs. Don Bennington, Jack Wheeler, Jim Mackie, Fred Finn, and George Quaggin. Mr. Poland was excused. Also present: Susan Mista, secretary, and one member of the press. SITE PLAN REVIEW SP-85l2 - James A. Rives - Certificate of Zoning - Used Car Lot and Office Building - 103 Connecticut. Mr. Rives was present to discuss this request. Chairman Bennrnngton asked Mr. Rives where he stands now. Mr. Rives advised that his contract has been voided because he could not meet the contingencies and time limits put on the sale. He said one of the people involved in the sale has died and he does not know whether or not the property will be available for sale or not. He said he does not know for sure where he stands, at this point, in purchasing this property. He asked the Board why he was never told that there was a problem with the parking on the property. Chairman Bennington said he was not at the first meeting, he read the minutes, and was under the impression the Board did not address anything beyond the parking conditions. Mr. Rives also asked the Board why other businesses that had a change of use were not required to come before the Planning and Zoning Board and were given an occupational license to operate their business. Chairman Bennington said that was a good question, the Board has asked the same thing. Mr. Rives said he is referring to one business in particular that went through by pulling a permit, in the B3 zone, a bathroom was put in and a fence, no permanently hard surfaced parking area, it was previously a B3 zoned residence, changed to a business. Chairman Bennington said all he could tell him is before any building permit is pulled in a B3 zone it has to have a site plan approved by the Planning and Zoning Board. It also says before any license is issued that the City Clerk and Building Official is to determine that it does comply with the zoning. Chairman Bennington advised Mr. Rives that his plan will be tabled until such time that he asks that it be put on the agenda to review. SP-85l3 - Earl Wallace for Helen Lovell - U.S. 1 and Louisa - Retail/ Professional Office. Mr. Wallace was present to discuss this site plan. Chairman Bennington read into the minutes a letter from Helen Lovell, authorizing Mr. Wallace to represent her in this site plan. Mr. Wheeler asked what type business will be going in this structure. Mr. Wallace advised that whatever is allowed in the B3 zone will go in. He said when the applicant applies for a license, the City Clerk will determine that it meets the zoning and he added that he has allowed for maximum parking requirements to meet the Code and will accommodate any type business in B3. The parking area will be asphalt, to match the existing parking. They have met the side and rear setbacks. All the trees will stay on the property. The structure has been designed to match Ms. Lovell's present building. o o Chairman Bennington said it was nice to get a site plan that can be under- stood and complies with the Code. Mr. Wheeler made a motion to give this site plan preliminary and final approval, as submitted. Mr. Quaggin seconded the motion. Motion CARRIED 5-0. SP-8429 - Earl Wallace for Pilch Construction - Final Approval - Tourist Court - 335 North Ridgewood. Chairman Bennington said this site plan goes with the memo from Connie Martinez concerning the request to vacate sewer easement from Pilch Construction. He reminded the Board that this project was given approval by the Board, pending Council vacating the easement on the property. Council has asked the Board for a recommendation concerning same. He added he talked to Terry Wadsworth, Utilities Superintendent, and he says the easement is not needed, it should be done away with. He explained that this plan came before the Board twice. It was first approved for a tourist court and office building and was changed to construct only the tourist court at this time. Mr. Wallace advised that vacating the ease- ment clears title to the property." The easement will be abandoned on the second phase of the plan. Chairman Bennington said they have an OK on the stormwater system. He is now asking for final approval. The only problem is Council approving the vacating of the easement. Mr. Wheeler made a motion to send a letter to Council, recommending that the easement on the Pilch property be vacated. Mr. Mackie seconded the motion. Motion CARRIED 5-0. Mr. Mackie made a motion to give this site plan final approval, seconded by Mr. Finn. Motion CARRIED 5-0. NEW BUSINESS Certificate of Zoning Requests COZ-85-0l - Cleve D. Mortion - Smoky Saw Sharpening and Tool Repair - 1852 Hibiscus. Mr. Morton was present to discuss his request. Chairman Bennington asked Mr. Morton if there were bathroom facilities in the building. Mr. Morton replied, no. Chairman Bennington said the problem in the past has been with miniwarehouses that were not built to accommodate a business. They were only built for storage purposes. He then read the Code describing a miniwarehouse. There is nothing wrong with having this type business in this zoning district, the problem is the structure does not meet the Code requirements to operate a business from. Mr. Morton said he rented the building because he was told he could operate his business from there. Chairman Bennington added that the parking requirements for this business must comply with the Code. Mr. Mackie explained that whenever you go into a business like this, you must have restroom facilities and the required parking spaces. Mr. Wheeler made a motion that this request be denied because the structure does not meet the Code requirements. Mr. Finn seconded the motion. Motion CARRIED 5-0. COZ-85-02 - Homer R. Spencer - Spencer Rebuilders - 2518 Hibiscus. Mr. Spencer was present to discuss his request. Chairman Bennington said this case is the same situation, that being a miniwarehouse. Mr. Spencer said he has a bathroom with a toilet, shower, hot water heater, basin. Chairman Bennington said two parking spaces are required. Mr. Morton said there is hard surface on both sides of the building. There are driveways on both sides of the building with grass along side. Chairman Bennington -2- Planning & Zoning Bd. Spec. Mtg. June 18, 1985 o Q said he thought this was only about 10' from the property line on the sides and you cannot get behind it. He said he didn't see where he would have the parking. Mr. Spencer said they are presently parking in front of the building that has an open grass area. Chairman Bennington said that is part of the setback area and you cannot park in there. He said the problem is the structures were built as miniwarehouse and there is no parking or restroom facilities. When they go to rent them to businesses, the facilities are not there to comply with the Code requirements. He read from the Code which says one parking space for every 200 square feet, one for each company vehicle, a required off-street loading area with a minimum of 12 by 40' for loading. He said he did not think there was that much room between the building and the property line. Mr. Mackie said he thought Mr. Spencer should bring back better drawings of the lay-out of the building, parking spaces, property line in connection with the building, where the facilities are located inside the building. Mr. Wheeler made a motion to TABLE this request until Mr. Spencer can bring in new plans showing the setbacks, parking facilities, loading facilities, and restrooms. Mr. Mackie seconded the motion. Motion CARRIED 5-0. COZ-S5-03 - Greg Johnson-.Atmun Distributors, Inc. - 2104D Hibiscus. Mr. Johnson was present to discuss his request. Chairman Bennington said he remembered this building. Ed's Bottle Water used to be in this location and fire burned it down. Two structures were built in place of the water business. There are offices in front with storage in back with restroom facilities. Mr. Johnson said that is correct. The restroom is in the middle. Chairman Bennington said if he remembers correctly, the parking was established on a 200 square foot basis. He said there are several businesses in there and he sees no problem with this request. This building was built for this purpose, to allow office space in front with storage at the rear. Mr. Mackie made a motion that this Certificate of Zoning Request be approved and signed by the Chairman of the Board. Mr. Wheeler seconded the motion. Motion CARRIED 5-0. COZ-S5-04 - Charles Cresap, Jr. - Bethlehem Tool & Gear, Inc. - 702-1 West Park Avenue. Chairman Bennington said these are industrial buildings that were built for these purposes. He said he could see no problems with this, the parking is adequate. Mr. Finn made a motion that this Certificate of Zoning Request be approved and signed by the Chairman of the Roard. Mr. Wheclel.' seconded the motion. Motio~ CARRIED 5-0. COZ-S5-05 - Robert T. Hammond - Fluid Method Generator CF.M.G.) 704-G West Park Avneue. Mr. Hammond was present to discuss his request. Chairman Bennington said this was the same situation as the one they discussed previously. These are industrial buildings .built for this purpose. Mr. Finn made a motion that this Certificate of Zoning Request be approved and signed by the Chairman of the Board. Mr. Wheeler seconded the motion. Motion CARRIED 5-0. OLD BUS INESS Review letter from Connie Martinez regarding corrections to City Code. Chairman Bennington said the problem is in the B3 Permitted Uses where type A, Band C service stations are allowed. They want a definition of an automotive service center. Gasoline service stations type A, Band C - 3- Planning & Zoning Bd. Spec. Mtg. June IS, 1985 o o are listed as a Permitted Use. Connie Martinez recommended that type C be removed from B3 for the reason that paint and body shops were removed from B3, however, if you read the definition of a type C service station you could still have a paint and body shop. Mr. Wheeler asked where you would put that category. Chairman Bennington said they are allowed in B2 in certain places. There is no definition in the Code of an auto service center. Mr. Quaggin suggested citing examples like Goodyear and K-Mart. Mr. Wheeler made a motion to TABLE this and look at it more closely and get some more information on it. Mr. Finn seconded the motion. Motion CARRIED 5-0. Review proposed Fences, Walls and Hedges Ordinance. Chairman Bennington said the secretary had typed up the proposed Ordinance and furnished the members with a copy of same. After a general discussion of the proposed Ordinance, Mr. Wheeler made a motion that this proposal be sent to Council, recommending that the present Ordinance be amended to this proposal. Mr. Finn seconded the motion. Motion CARRIED 5-0. Mr. Wheeler made a motion that the secretary be instructed not to call a meeting unless she has two or more site plans to be reviewed by the Board. Mr. Mackie seconded the motion. Motion CARRIED 5-0. Chairman Bennington read the memo from the secretary concerning the Planning and Zoning Board budget for the next year. The letter also stated that the present budget allows for the professional fees of Mr. Ferrara, the City Engineer, to help the Board in updating the Comp Plan and Mr. Ferrara has a work order for this project. The Board members decided they would meet with Mr. Ferrara after they have received the monthly reports from the Department Heads since the first of the year. It was determined that $5,000 was allotted for professional services in the budget last year concerning updating the Comp Plan. The Board members asked the secretary to check and be sure that amount was allotted for that reason. Concerning money allotted for seminars, the Board decided to ask for $1,000 for each member since Council will cut the amount and they will have money for this purpose if it is needed. The secretary asked the Board members when they wanted to hold the next meeting, advising them that the next regular meeting is July 3rd and the Fire Department will be using the Commmnity Center to set up for the 4th of July. Several of the members will be out of town during July and they decided on July 2nd at 10:00 a.m. if four members can attend. 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 11:08 a.m. Minutes submitted by: Susan Mista -4- Planning & Zoning Bd. Spec. Mtg. June 18, 1985