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09-24-1985 - Special f u u CITY OF EDGEWATER PLANNING AND ZONING BOARD SPECIAL MEETING SEPTEMBER 24, 1985 Minutes Chairman Don Bennington called the Special Meeting to order at 9:00 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, Susan Butler, secretary, Gigi Bennington and Councilman Neil Asting. OLD BUSINESS Permitted uses in the Following Zones: B-2, B-3, B-5, I-I and 1-2. Chairman Bennington stated that the meeting was primarily called to discuss the permitted uses in the B and Industrial zones and in reference to problems with the types A, Band C uses of service stations. Chairman Bennington stated that the Board was to discuss the City Council's question to them of why was Alfred DeCubellis request, for permission to operate a wholesale used car business in B-2 zone, was denied in April and now this matter of a request to add gas pumps as a permitted use in B-2 is now being recommended for approval. He further stated that the City Council suggested that the Planning and Zoning Board's discussion also include anything related to the automotive field. Chairman Bennington stated that how this subject of a permitted use in the B-2 zone became a problem, apparently started by being put on the Council's Agenda as a permitted use and that was not how it left the Board. Mr. Wheeler clarified Mr. Bennington's statement by declaring it left the Board as a Special Exception. Chairman Bennington stated that another reason this subject is being brought before the Board is due to numerous correspondence sent to them from C.A.R. Enterprises and what was discussed at last week's, September 18, 1985, meeting. Chairman Bennington stated that service station type C is a permitted use in B-2 zoning in a designated area, beginning at th~ Florida East Coast railroad tracks from 20th to 30th Streets. He stated that this area includes auto body shops and automobile tune-ups and front end alignments, but here is no defini- tion of a paint and body shop. Chairman Bennington stated that from referring to a list of all the existing businesses on Guava and Hibiscus, there are seven people holding licenses for service stations type C that are paint and body shops. Chairman Bennington stated that apparently there is not a license for a paint and body shop. Mrs. Wadsworth stated that some of the businesses on Guava and Hibiscus are machine and repair, together with paint and body shops; consequently, the way they define the Code Book now is service station type C. Chairman Bennington explained that the problem now is a use with no definition, when the decision was made to do away with service stations type C totally. Mrs. Wadsworth stated that quick service food stores that sell gas in the B-2 and B-3 zones, with type A service station, did not have a definition. The Board had an extensive discussion about the sale of fuel being a permitted use in type A and type B; but, the sale of fuel is not permitted in type C. , u ~ . Mrs. Wadsworth remarked that detailing is another new type of business that needed to be included in one of the subject categories. Mr. Wheeler asked Mrs. Wadsworth to explain detailing. She answered that is where they clean and wax automobiles. Mr. Bennington questioned if it is a car wash. Mrs. Wadsworth said it could be put under car wash, but it needed to be included in the definitions. Mr. Mackie commented that he felt the reason everybody got confused was because the word service station refers automatically to gas station. The Board then devoted considerable discussion to having auto body shop, which means repairs, beating out fenders, etc., changed to read auto paint and body shop. It was also decided to totally strike out service center type C, under definitions, and move the definition under auto paint and body shop. Mr. Wheeler expressed that service station needed to be removed in all the different auto body shops. Mrs. Wadsworth communicated that because of the reissuing of the new licenses, it could not be applicable until-next_year. Mr. Finn brought the Board's attention to paint and body shops being listed as a permitted use in I-I zoning. Mrs. Wadsworth noted in the Code Book in the B-3 zoning that under machinery repair, an omission of the wording, not to exceed three employees. Chairman Bennington concurred with Mrs. Wadsworth. Mr. Wheeler noted another error in the Code Book on page 1602; Franchised new automobile dealers. Chairman Bennington stated that dealers, in the sale of used cars must apply as a special exception, needed to be deleted. In connection with Code Book errors, Mrs. Wadsworth called attention to the fact that game room had a definition, but is was never put under permitted uses. After an extensive discussion on shopping centers, gas pumps and auto service centers, the conclusion of the Board was to eliminate auto service center from B-3, leave auto service center in B-5 and revise the definition of service station type B to exclude the sale of fuel. Mr. Loeffler added, pertaining to shopping centers, that the sale of fuel as a special exception should be included. Chairman Bennington voiced that the requirements to put in a service station are so strict, why not just take the auto service center completely out and add service station type A and B to B-5 zoning. Mrs. Wadsworth suggested that instead of calling it service station type A and B; call it auto service type A and auto service type B. The Board liked her suggestion. The Board agreed that under definitions they were going to do away with service station type A, Band C and define a definition of auto service type A and auto service type B, using their present definitions; and, the definition under type C is now going to go under auto paint and body shops. The Board also agreed that auto paint and body shop would be included in B-2 zoning. The Board also agreed that, under B-3, they were going to eliminate gasoline service stations types A, Band C. They were going to change auto service center definition to automotive services types A and B. Under B-S, where it says automotive service center, the Board would change it to automotive service type A and B. On page 1632 and 1633, in the Code Book, the Board would eliminate gasoline stations types A, Band C, and add auto service types A and B. The Board agreed to change in the three I zones, where it -2- Planning and Zoning Board Special Meeting September 24, 1985 ~ v u mentions anything that is permitted in the B-1 thru B-6, to anything permitted in the B zones. The Board decided to vote on the recommended changes. Mr. Wheeler made a motion to accept the recommendations, Mr. Finn seconded. Motion CARRIED 6-0. Chairman Bennington suggested that they read the minutes at the next meeting, to see if they were complete before sending them to the City Council. Chairman Bennington stated that the next topic of discussion would be permitted uses in B-2 zoning. He stated that this topic would also be in reference to the memo, dated August 13, 1985, to the Mayor and City Council, stating that the Planning and Zoning Board would like to request service stations type A in the B-2 zone, be allowed to add gas pumps, as a Special Exception. The Board had a discussion on quick service food stores and Chairman Bennington asked if it should even be called a quick service food store. Mrs. Wadsworth suggested that quick service food stores could be called convenience stores. Mrs. Wadsworth explained, for the sale of gas, two licenses were issued to convenience stores; one as service station type A and the other as quick service food store. Mr. Wheeler suggest that the Board continue to require type A for the sale of gas. The Board agreed. Mrs. Wadsworth also advised the Board that a definition was needed for convenience food stores. Chairman Bennington stated that in the definition, co~plying with ...'-the requirements of Section 713 should be included.)] Following an extensive discussion the Board decided to change the wording quick service food stores to convenience food store] J:pj~o.r the s~~;dl1ov.;';fas at a convenience food store, the Board agreed that "in B-2and ..B-Y;f it should be requested as a special exception. The Board agreed that special exception should be defined as auto service type A and must comply with all requirements of section 713. Mr. Wheeler made a motion to approve the recommended changes, Mr. Loeffler seconded. Motion CARRIED 6-0. Mr. Bennington stated that at the next meeting they would discuss the definition of a convenience food store. Mrs. Bennington questioned that, if the Board had a definition for convenience food store and 99% of the convenience food stores now have gas pumps, why couldn't it be an accessory permitted use. Mr. Loeffler explained that most convenience food stores do not have the property area because of parking space and under special exception it would have to be defined. Mr. Mackie explained that with a special exception, they would have to go to the Board of Adjustment for a variance. Chairman Bennington again called attention to the memo dated September 17, 1985, regarding the Council's question of why was DeCubellis denied a request for license to operate a used car lot. Chairman Bennington stated tha't in answer to the Council's question, it was denied because it is not a permitted use. Mrs. Wadsworth stated that a permitted use of auto service that excludes pumps was needed for licensing. Chairman Bennington responded that two new licenses were needed; one for paint and body and the other for minor auto repair. The Board then had a discussion on detailing. Chairman Bennington stated that detailing could fit under car washing, because, basically they were washing cars, in some cases cleaning engines, cleaning interior and waxing. Chairman Bennington expressed concern with cleaning engines in certain area because of potential damage to the City sewage system. ,1 J1 6 vwt..,.J- . /} I --t;:;"J . i. .?" . ,1 tl- 6nWt:-r..u....<<.l~v 1)--(1flJ<... , x.Jt' - "t tf" "'" ~ t r M/>>!;iId; lJ4.P- ih" 13 -3. - 3- Jrd P~;i~ ~ 13#;(/ nfJ . Planning and Zoning Board Special Meeting September 24, 1985 ~ . . ~ u .~ After a brief discussion, Chairman Bennington stated that car washes should be limited to washing, waxing and interior cleaning and no steam cleaning of engines. THe Board then had a discussion on the use of toxic solutions being used in the cleaning of engines. Mrs. Wadsworth suggested that Mr. David Jones be invited to the next meeting to discuss what is involved in his inspections. Chairman Bennington agreed that Mr. Jone's input was needed in regards to liquid solutions laying in the sewers. Chairman Bennington asked the Board if anyone wanted to add to automotive type permitted uses. The Board had no other comments. The Board then had a discussion that reopened the question of why the Planning and Zoning Board denied gas pumps in April and now recommending gas pumps. After considerable discussion about this subject, the Board agreed that they only denied a car lot, not gas pumps. The Board recounted that Mr. DeCubellis wanted a City license and State license as a car dealer to enable him to buy cars at the auction and bring them back to rebuild and wholesale. Councilman Asting said he had no problem with the sale of used cars in the B-2 zone, especially along the Hibiscus and Guava roads. Chairman Bennington communicated to Councilman Asting that he felt that area of land should be zoned 1-1, light industrial, not B-2, neighborhood businesses. Chairman Bennington continued by saying, from the list of businesses in that area, that either the wrong businesses have been allowed or it is the wrong zoning. Councilman Asting called the Board's attention to permitted accessory uses in the B-2 zone. After a brief discussion, Mr. Loeffler stated that the only place where he could see it as an accessory use in under manufacturing. Councilman Asting stated that it could be an accessory use under reconditioning vehicles for resale. The Board then discussed Mr. Wood's letter and the fact that the businessmen mentioned in the letter had no City license. Chairman Bennington stated that the reason he filed the complaint was because there were two illegal businesses operating. Chairman Bennington summarized that the City received a letter from Attorney Woods, asking why was his client shut down when he was given permission by City Officials saying he would have no trouble getting a license; nevertheless, he never asked or applied for a license. Chairman Bennington explained that was how they all got tied together. After frank and cordial exchange of views between Councilman Asting and Chairman Bennington concerning gas pumps and Code requirements, Chairman Bennington expressed that it was the public, at the Public Hearing, that requested the gas pumps, not the Planning and Zoning Board's personal request. and that is the answer to the question, why. COZ-85-24 - Thomas Foscolos - 103 S. Ridgewood Avenue - Stain Glass Sales and Service. Mr. Foscolos was present to discuss this request. Chairman Bennington asked Mr. Foscolos who drew up the plot plan, to which Mr. Foscolos replied Mr. Van Winkle. Chairman Bennington stated that the sketch showed twenty-six parking spaces and from personal inspection of the property, he only saw fifteen. -4- Planning and Zoning Board Special Meeting September 24, 1985 ~ . ~~ ~ u Chairman Bennington explained that Mr. Van Winkle was required so many parking spaces to obtain his license; therefore, Mr. Van Winkle could not give Mr. Foscolos any of those parking spaces. Chairman Bennington stated that he was aware that the Baptist Church had supplied a letter stating that they were allocating ten parking spaces to Mr. Foscolos. Chairman Bennington advised Mr. Foscolos that Code required that he put up a sign stating where his parking was located; thus, if any parking problem arose, he would be complying with Code requirements for his parking. Mr. Foscolos said he could have a sign made up. Mr. Loeffler stated that Mr. Foscolos's sketch showed four parking spaces in the back and three parking spaces in the front and, not including the Church parking, he was only one space short. Mr. Loeffler recommended that the Board issue Mr. Foscolos's his license and let Mr. Van Winkle worry about his own parking. The Board then had an extensive discussion about Mr. Van Winkle's parking. Mr. Mackie made a motion to approve the business and the parking, Mr. Wheeler seconded. Motion CARRIED 6-0. MISCELLANEOUS The Board had a discussion about agreeing on a convenient time and day for all Board members to attend the next and future meetings. Mr. Wheeler made a motion that the first meeting in October be held on the first Thursday morning, October 3, 1985, at 9:00 A.M. Mr. Mackie seconded the motion. Motion CARRIED 6-0. ADJOURN Mr. Wheeler made a motion to adjourn at 1:20 P.M., Mr. Mackie seconded. Minutes prepared by: Susan Butler -5- Planning and Zoning Board Special Meeting September 24, 1985