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09-18-1985 ~ u u CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING SEPTEMBER 18, 1985 Minutes Chairman Don Bennington called the Regular Meeting to order at 10:00 A.M., in the Community Center Building. ROLL CALL Members present: Messrs. Jake Wheeler, Fred Finn, George Quaggin, Jim Mackie, Paul Loeffler and Don Bennington. Mr. James Poland was absent. Also present: Susan Wadsworth, Deputy City Clerk, Debbie Sigler, Accounts Payable, Susan Butler, secretary, Jose' Alvarez, City Attorney and various other people in the audience. APPROVAL OF THE MINUTES Mrs. Butler informed the Board of a typographical error in the September 4, 1985, Regular Meeting Minutes which, in COZ-85-16 reads Swain, should have read Stewart. She advised the Board that she had corrected this error. Mr. Wheeler made the motion to approve the corrected minutes of September 4, 1985, Regular Meeting. Mr. Quaggin seconded the motion. Motion CARRIED 6-0. SITE PLAN REVIEW SP-85-18 Cardinal Industries, Inc. Mr. Joe Spears and Mr. Jim Crouse were present to discuss this sketch plan. Mr. Spears explained that Mr. Crouse, Cardinal Homes Planning Specialist, was present to discuss the square footage that was questioned at the last meeting. Mr. Spears stated that Cardinal Homes felt that it was important to look at the smaller units. Mr. Crouse asked the Board if they had any questions regarding the demographics, which were provided to all members of the Board. Mr. Crouse explained that most apartments that were built in the sixties and seventies were geared for the three person household and that is where the larger square footage, such as six to eight hundred square feet, was required. Mr. Crouse said that findings from demographic studies of Volusia County show that almost 40% of renting households are for one person households. He continued by saying that Cardinal was able to downsize their units to provide quality affordable housing that actually has more space than an affluent family of three would have had years ago. Mr. Crouse pointed out that all rooms in their one bedroom apartment of five hundred and seventy-six feet did exceed all the room and building dimensions of the Standard Building and Housing Codes. Mr. Crouse stated that they also rent to one person households a studio apartment, with an old type Murphy. bed, which is two hundred and eighty-eight square feet. Chairman Bennington said that he personally believed that Edgewater's growth pattern was changing upwards, not downwards, and that more and more children were enrolled in school each year. He continued by saying he personally could see no reason to downsize, because if they downsized for Cardinal, they would have to downsize allover the City and he could see no reason for it. Chairman Bennington asked Mr. Crouse if he was going to rent the one bedroom units to one person households only. Mr. Crouse answered that a one bedroom is typically a one or two person household or a State wide average of about 1.4 persons. ~ u Mr. Mackie asked Mr. Crouse if the apartments are going to be rented on a yearly, six months or overnight basis. Mr. Spears answered the question by saying that they strive for annual leases, but that they would rent on a shorter term basis. Mr. Spears remarked that they did not want people moving in and out because that would be a management situation for them to address. Mr. Wheeler stated, in regards to the square footage, that if this sketch plan was accepted that it would be downgrading the City. Mr. Mackie stated that they also have a problem with the water department. He quoted that the water department had stipulated that there was not sufficient water supply for this project at this time. He continued by saying the water department said it would take anywhere from six months to a year before water could be supplied. Mr. Spears said that he talked to Terry Wadsworth and Mr. Wadsworth had indicated to him that if they were not going to build until next Spring, that there would not be a problem with water. Mr. Spears said that it was up to Cardinal to extend the project until the water was available. Mr. Spears stated that what they were asking the Planning and Zoning Board to do was to review the sketch plan, so that they would know what direction to proceed. Mr. Spears said that they had planned to go for a variance on the square footage size; but, because of the Board's interest at the last meeting, information was provided to revise the entire zoning ordinance. Mr. Mackie stated that any square footage that is changed in the City, related to the Code Book, has to meet with the Board's approval, then they recommend this change to the City Council. Mr. Mackie indicated that the Board had to abide by Code Book requirements on square footage. Mr. Bennington said that the sketch plan did not meet the square footage requirement, and that they could not build the facility the way it is. Mr. Spears asked if they had the right to go for a variance under the zoning ordinance. Chairman Bennington said that the zoning ordinance says that in order to obtain a variance you cannot be a hardship created by yourself. Chairman Bennington continued by saying that Cardinal did have a right to go for a variance before the Board of Adjustment. Chairman Bennington said that the only problem he could see was the square footage. Mr. Mackie agreed with Chairman Bennington. Mr. Wheeler made a motion to deny this sketch plan, because it doesn't come up to square footage. Mr. Quaggin seconded. Motion CARRIED 6-0. Mr. Spears requested a copy of the motion. SP-8519 - Randy Richenberg - Surfboard Manufacturing - Retail Sales. Mr. Randy Richenberg was present to discuss this site plan. Mr. Richenberg stated that this business was not retail sales but strictly wholesale and manufacturing. Chairman Bennington informed the Board that Mr. Fischer had advised him that there was a problem with the zoning. Chairman Bennington said that the zoning map shows the property zoned as B-3, which is a residential zoning, and the 8-80 Ordinance shows the land as Industrial: which brings up the question as to how it is zoned. Chairman Bennington explained that Mr. Richenberg had bought the land as Industrial property, because he wanted to manufacture surfboards. -2- Planning and Zoning Board Meeting September 18, 1985 ~ u Mr. Richenberg stated .that Parcel 6 reads bounded west by east right of way of Mango Tree Drive, bounded north by south right of way of Park Avenue, bounded east by a line 330' east of east right of way of Mango Drive, bounded south by a line 800' south of south right of way of Park Avenue, which is the legal description. Mr. Richenberg, Attorney Alvarez, and the Board had a lengthy discussion about the legal description and the zoning map not coinciding with each other. Mr. Richenberg stated that the way you can judge the zoning line is a small easement in the Alvarez Grant. Mr. Richenberg explained that Parcel 6 stands 330 feet east of the east right-of-way of Mango Tree. Mr. Loeffler provided the Board with an old zoning map, which the Board studied. The Board had an extensive discussion about the legal description of the zoning. Mr. Richenberg explained the reason he was pointing out the discrepancy in the zoning was because he was advised by City Officials and the Planning Department that this issue would be a problem. Attorney Alvarez questioned Mr. Richenberg if he was aware of a potential conflict at the time he purchased the property. Mr. Richenberg answered no, he was under the impression the land was I-I at the time of purchase. Attorney Alvarez asked Mr. Richenberg at what point or time did a hint of a problem develop. Mr. Richenberg answered when he saw the zoning map at City Hall. Attorney Alvarez stated that the map could be just a drafting error, because of Ordinance '880. Chairman Bennington suggested that there could have been a 'rezoning of this property, subject to Ordinance 880. Attorney Alvarez suggested that a search of the records and comparing with the Comprehensive Plan, could possibly clarify the correct zoning. Referring to the Comprehensive Plan, Attorney Alvarez questioned the Board if that area would be more suitable as an I-lor R-3. The Board agreed that it was more suitable as an I-I. Attorney Alvarez stated that there is no problem, because if it is R-3, it will be zoned I-I and if it is I-I, it is I-I. Chairman Bennington communicated to the Board that Mr. Richenberg's request was, if it is I-I, can I build this building in this location. The Board had a brief discussion about Mr. Richenberg's request was a sketch plan, not a site plan. Attorney Alvarez and the Board reiterated the problem and it was the Board's consensus that, if it was zoned I-I, there was no problem with the permitted use, setbacks, ingress and egress, parking and landscaping. Mr. Wheeler made a motion to accept the sketch plan, Mr. Quaggin seconded. Motion CARRIED 6-0. SP-8520 - Luis C. Geil for Perry R. Barrett - Mini-warehouse - 1816 Hibiscus Drive. Mr. Geil was present to represent Mr. Barrett. Mr. Wheeler asked Mr. Geil if the building was going to be used as a mini-warehouse. Mr. Geil remarked that,. according. to. the description of a mini-warehouse, is a 10' x 20' x 10' height. Chairman Bennington stated that the size was dropped from the description of a mini-warehouse. The Board reviewed the blue prints of the site plan. Chairman Bennington questioned Mr. Geil about the fenced in storage yard. Mr. Geil answered that it was for mobile homes, trailers and R.V.s. Mr. Wheeler made a motion to approve, subject to engineering approval, Mr. Loeffler seconded. Motion CARRIED 6-0. -3- Planning and Zoning Board Meeting September 18, 1985 u u SP-8521 - Luis C. Geil for Peter C. Schoon - Mini-warehouse - 1859 Guava Drive. Mr. Geil was present to represent Mr. Schoon. The Board studied the site plan and seeing no problems, they agreed that it was an accep~able_site plan. Mr. Mackie made a motion to accept this site plan, Mr. Wheeler seconded. Motion CARRIED 6-0. SP-8522 - Patrick L. Ladd - Multi-family - 2232 India Palm Drive. Mr. Gene Clemment was present to represent Mr. Ladd. Chairman Bennington asked Mr. Clemment if each one of the units was eight hundred and thirty-two square feet. Mr. Clemment replied yes. Mr. Clemment stated that they were one bedroom apartments for young adults. Chairman Bennington noted a slight parking problem. Chairman Bennington informed Mr. Clemment that the new parking ordinance states that parking must be arranged so that you will not back out onto the highway. Mr. Clemment stated that he would move the parking to the side of the complex. Chairman Bennington remarked that the change in the area for parking was acceptable. Mr. Mackie made a motion to approve, subject to the changing of the parking area to comply with the new parking ordinance, Mr. Wheeler seconded. Motion CARRIED 6-0. Mr. Clemment thanked the Board. CERTIFICATE OF ZONING REQUESTS COZ-8S-10 - Clay A. Lyles - Manufacturing Surfboards - 1947 W. Park Avenue. No one was present to discuss this request. Mr. Wheeler made a motion to table, Mr. Loeffler seconded. Motion CARRIED 6-0. COZ-8S-12 - Eugene Hardin and Tommy Bundy - Custom Counters - 706 C. West Park Ave. Mr. Hardin was present to discuss this request. Mr. Mackie questioned Mr. Hardin about the location of the bathrooms. Mr. Hardin pointed out that the bathroom was inside his office area. The Board agreed that there was not a problem with the parking area. The Board saw no problems with this request. Mr. Wheeler made a motion to accept. Mr. Finn seconded the motion. Motion CARRIED 6-0. COZ-85-17 - Sam Comerate - Lawn Mower Repair - 106 S. Old County Road. Mr. Comerate was present to discuss this request. Mr. Comerate stated that he had a lease agreement for additional parking on the adjoining land, and his employees were presently parking in back of the building. Chairman Bennington asked if there was another business in the building; and, if so, he questioned the location of the other business's parking. Mr. Comerate stated that Southern Instruments shared the building and their parking was located in the back of the building. -4- Planning and Zoning Board Meeting September 18, 1985 ~ u Mr. Loeffler asked Mr. Comerate if both businesses were sharing the same bathroom facilities. Mr. Comerate answered yes. Mr. Wheeler made a motion to accept, Mr. Loeffler seconded. Motion CARRIED 6-0. COZ-85-24 - Thomas Foscolos - Stain Glass Sales and Service - 103 S. Ridgewood Ave. Mr. Foscolos was present to discuss this request. Chairman Bennington stated that Mr. Foscolos's sketch showed five parking spaces in the front and four in the rear of the building and he had personally noted only three parking spaces. Mr. Foscolos said that Mr. Van Winkle said he could have two spaces next to his. Chairman Bennington expressed that he felt that Mr. Van Winkle did not have enough parking for his business. The Board had an extensive discussion about the parking problem that exists because of Mr. Van Winkle's business. Chairman Bennington explained to Mr. Foscolos that Mr. Van Winkle had used all of the available parking, to comply with his parking requirements. Mr. Foscolos expressed that his business would comprise of himself, one employee and customers coming in and out. Chairman Bennington asked Mr. Foscolos the size of his building. Mr. Foscolos replied that he believed it was 35' x 40'. Chairman Bennington stated that the sketch showed 35' x 60'. Mr. Foscolos stated that the sixty feet, probably included the garage out back. Mr. Mackie stated that the parking problem Mr. Van Winkle's not Mr. Foscolos. After a brief discussion, the Board was undecided. Mr. Foscolos asked how he could resolve this problem of parking with the Board. The Board advised him that he would have to show adequate parking and they were not there to give legal advise, only to determine if he complies with zoning. Mr. Foscolos's parking problem was again discussed in length by the Board. Attorney Alvarez stated that the Board has to make a determination as to whether or not Mr. Foscolos has the required parking. Attorney Alvarez stated that it appeared that he does not have the adequate parking and that becomes a problem between him and the landlord. Attorney Alvarez explained that it was the landlord's obligation to supply Mr. Foscolos with the parking. Attorney Alvarez voiced that there were other alternatives to solve this problem. He stated that Mr. Foscolos could, as an alternative, show and validate parking within two hundred feet of his business. The Board suggested that he contact the Baptist Church for a cross parking arrangement. The Board determined that Mr. Foscolos needed seven parking spaces. Mr. Mackie specified that Mr. Van Winkle was infringing upon Mr. Foscolos's parking spaces, and he felt that Mr. Foscolos should be approved. The Board again had a lengthy discussion about this issue, with varying views. After a lengthy discussion, the consensus of the Board was that a drawing, by the owner, was needed of the entire area, specifically showing the parking. Mr. Wheeler made a motion to table this request, pending a drawing by the owner of the property, showing parking. Mr. Mackie seconded the motion. Motion CARRIED 6-0. -5- Planning and Zoning Board Meeting September 18, 1985 ~ u COZ-85-25 - Ronald W. Lucas - Land Surveying - 2102 S. Ridgewood Avenue. Mr. Lucas was present to discuss this request. Chairman Bennington informed the Board that Mr. Fischer had requested that a review of Downtown Edgewater Plaza, concerning parking and planting, be included on the Agenda, since it pertains to Mr. Lucas's request for Certificate of Zoning. Chairman Bennington asked Mr. Lucas if he was applying for a license to conduct business at the Downtown Edgewater Plaza. Mr. Lucas answered yes. Chairman Bennington informed Mr. Lucas that the Downtown Edgewater Plaza did not have final approval, and that is why Mr. Fischer wanted the Board to review the Downtown Plaza. Chairman Bennington explained that the engineer approved the drainage change and parking had been moved and rearranged. Chairman Bennington stated that the original plans showed fifty-one trees were suppose to be planted and this had not been implemented. Chairman Bennington explained that Mr. Lucas could not be granted a Certificate of Occupancy until the Board approves the changes submitted on the Downtown Edgewater Plaza. OLD BUSINESS - Review Downtown Edgewater Plaza - Review Parking and Planting. Chairman Bennington recounted that eight months ago this application, which originally began as an application for a Condominium, was requested to be changed to one owner rentals. Chairman Bennington summarized that the Board specified that there was a drainage problem, according to the engineer. He continued that there were some changes in the layout of the parking and landscaping; and those changes can only be approved by the Planning and Zoning Board. Chairman Bennington related to the Board that these changes, that were made, were never requested to the Board. Chairman Bennington stated that originally they were going to have a trench drainage system. Mr. Wheeler stated that these changes were made without coming back to the Board. The Board had a discussion about the swale and retention line. The Board determined that since Mr. Carder owned the adjacent land, he did not have to deed a line to the retention pond. Attorney Alvarez stated that there should be an easement showing where the drainage goes. Attorney Alvarez said that the easement should have a recorded legal description. The Board had a discussion about a rumor of twenty thousand gallon empty tanks being buried on the property. Mr. Ron Lucas stated that he represented Mr. Carder and requested that the Board approve the new landscaping plans. Mr. Lucas stated that they had five extra parking spaces, instead of one landscape island. Attorney Alvarez specified that if the easement is prepared and recorded and presented to the Building Official, at the time the Certificate of Zoning is requested, that would be acceptable. Mr. Lucas said he could have a recorded drainage easement by the next day. Attorney Alvarez continued by saying if the Board made a decision to approve the changes for landscaping, then the whole project could be approved; subject to the recorded copy of the recorded easement being presented to the Building Official, at the time the Certificate of Occupancy is applied for. Mr. Wheeler made a motion to Attorney Alvarez's statement, Mr. Mackie seconded. Motion CARRIED 6-0. -6- Planning and Zoning Board Meeting September 18, 1985 ~ u COZ-85-25 - Ronald W. Lucas - Land Surveying - 2102 S. Ridgewood Avenue. Chairman Bennington stated that since there is now no problem with the parking at Downtown Edgewater Plaza, that Mr. Lucas now has no problems with parking. Mr. Wheeler made a motion to specifically approve COZ-84-25, Mr. Mackie seconded. Motion CARRIED 6-0, OLD BUSINESS Memo From Connie Martinez, City Clerk/Administrator - Re: Request to Add Gas Pumps as a Permitted Use in B-2. Chairman Bennington stated that the issue being discussed is a combination of two or three things that relate to each other. Chairman Bennington stated that C.A.R. Enterprises wants to be issued a license for a paint and body shop. Attorney Alvarez specified that there would be two matters at this meeting for the Planning and Zoning Board to consider. He stated that one was the Code and the status of the Code, as to definitions and what is what in the Code. Attorney Alvarez stated that the second item would be the application by C.A.R. and it was C.A.R. 's application that brought to the light the problems in the Code. Attorney Alvarez, referring to I-I, stated that the intent of the Board was to limit paint and body shops to I-I zoning. Attorney Alvarez explained that when you change one section of the Ordinance, sometimes this change can effect other sections. Attorney Alvarez stated that in the definitions, there is no definition of paint and body shop, while there is a definition for service station. He continued by saying that service stations is classified in three sections, A, B and C. He stated that type C really amounts to paint and body shops. Attorney Alvarez stated that the problem is B-3 zoning, where C.A.R. is located, allows type C service station, but does not allow paint and body shops. Attorney Alvarez stated that the definition should have been added when type C was added. He said the intent of the Board was to eliminate paint and body shop from B-3 and limit paint and body shops to I-lor 1-2. Attorney Alvarez stated that the Board has to look at the definitions of gas, etc. Mr. Mackie communicated that the exception, in B-2 for gasoline. type C in B-2 zoning. Board has approved an application, under special Mr. Mackie question why couldn't the Board include Chairman Bennington commented that, in his oplnlon, type C definition should be eliminated from the definition of service station and be added to paint and body shops as its definition. After an extensive discussion, the Board agreed that C.A.R. Enterprises is allowed to be licensed for paint and body work, according to the Ordinance for type C. Mr. Wheeler stated that the Board could approve C.A.R. Enterprises application, at this time, and discuss the permitted uses and definitions at a later date. Attorney Alvarez stated that types A, Band C definitions are old classifications and need to be revised. Mr. Wheeler made a motion to allow paint and body shops as:a permitted use in B-3. Mr. Mackie seconded the motion. Motion CARRIED 6-0. Chairman Bennington explained to C.A.R. Enterprises that they need to come before the Board with the necessary papers and site plan. Attorney Alvarez talked about the problems that arise from not having a definition of automotive service center. Chairman Bennington said that there are five different zones related to this problem. Attorney Alvarez stated the City does not need to grant any more licenses, because the City has a definition problem. Attorney Alvarez suggested that Mrs. Wadsworth be present at a special meeting with recommendations to assist the Board. -7- Planning and Zoning Board Meeting September 18, 1985 ~ '-' u Attorney Alvarez explained that the definitions do not match with the permitted uses in the B-2, B-3, B-5, I-I and 1-2 zonings. Attorney Alvarez questioned what was the definition of minor service station. He stated that minor service station needed a definition. The Board then had a brief discussion about minor service station referring to lawn mower repair or small engine repair. Attorney Alvarez related that, regarding the B-2 Hibiscus and Guava rezoning, there was a Joint Meeting between the City Council and the Planning and Zoning Board, in which the uses of B-2 were discussed. Attorney Alvarez said that the Planning and Zoning Board Minutes for February show that the Board decided not to change the existing uses in B-2. Attorney Alvarez explained that in April, 1985, Alfred DeCubellis submitted an application applying for used car sales and the Board denied his request. He continued by saying that recently the Board sent a request to the City Council to allow the sale of gasoline in B-2. Chairman Bennington responded that the memo was wrong, that they sent it as a special exception, so that the Board of Adjustment could control the location of the sale of gasoline. Attorney Alvarez stated that this problem was interrelated, because there is no definition of a mini-mart, concerning the sale of gasoline, in the Code Book. Attorney Alvarez suggested that a definition of mini-mart or convenience store was needed. Chairman Bennington again declared that in April the Board denied a used car sales license, because it did not meet the Code. Chairman Bennington and Attorney Alvarez had a lengthy discussion, regarding gas pumps and mini-marts as a special exception. Attorney Alvarez stated that if gas pumps was permitted as a special exception for one, then it would have to be allowed for all. The Board explained to Attorney Alvarez that a Public Hearing was held and the public wanted the pumps at the Shop E-Z, also there are specific requirements, pertaining to gas pumps, and there is not a lot in that zoned area large enough to comply. Attorney Alvarez and the Board had an extensive discussion about changing the zoning. Mr. Wheeler asked Attorney Alvarez if he was at the September 17, 1985, Council Meeting, to which he answered yes. Councilman Asting stated that the Council wanted the Planning and Zoning Board to review B-2 zoning to include other aspects of the automobile business as a whole. Chairman Bennington questioned if it was the Council's intent that they consider used car sales in the B-2 zoning. Councilman Asting stated that what he was suggesting is that the B-2 zoning be looked at and the changes made to permit business to operate and not be ended. After a long and frank discussion by Board members and Councilman Asting, the Board suggested that the City Council send the Board their specific suggestions in writing and the Board will act on them and send them back to the -Council. NEW BUSINESS Memo from City Clerk - Re: Certificate of Zoning/Occupational License. Chairman Bennington stated that the memo was regarding the approval of Zoning and Occupational License for a furniture repair business, for Walter Pageau, at 2518 Hibiscus Drive; and on June 18, 1985, a Certificate of Zoning and Occupational License for Homer Spencer, for repair and sales of medical equipment, at the same address, was tabled for parking, setbacks, restrooms and loading facilities problems. He stated that Mrs. Martinez asked that this conflict be resolved. Chairman Bennington stated that the problem is that a person has brought in a piece of paper with a drawing on it showing eight parking spaces. Chairman Bennington stated that from physical observation there is no way possible for the property to have that many parking spaces. Chairman Bennington said that the parking was angle parking, and this parking could probably only contain four spaces; maybe six spaces. Chairman Bennington stated that as far as he knew there was no bathroom facilities in this building. -8- Planning and Zoning Board Meeting September 18, 1985 ~ u Chairman Bennington stated that the problem is how can there be an approval of a license in the same building that a license was denied, two weeks prior, because the building did not comply with Code requirements. Mr. Mackie expressed that the hand drawn sketch should not be accepted by City Hall, because anything can be drawn. The Board and Attorney Alvarez had a discussion about the wheelchair business application versus the furniture refinishing business, and Mr. Pageau being better prepared to answer the Board's questions; and that was the reason why the action taken was taken. The Board decided to hold the Special Meeting on September 24, 1985, at 9:00 A.M. ADJOURN Mr. Loeffler made a motion to adjourn at 1:20 P.M., Mr. Wheeler seconded. Minutes prepared by: Susan Butler -9- Planning and Zoning Board Meeting September 18, 1985