11-29-1988 Reconvened from 11-15-1988 - Special
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CITY OF EDGEWATER
LAND DEVE~MENT AND REGULATORY AGENCY I \
RECONVENING OF ~r'CIAL MEETING OF NOVEMBER 15, 1~
TUESDAY, NOVEMBER 29, 1988
EDGEWATER PUBLIC LIBRARY
5:00 P.M.
lirs. Blazi reconvened the special meeting which was recessed on Tuesday,
November 15, 1988, at 5:12 p.m., at the Edgewater Public Library.
Members present were Mr. Bennington. Mrs. Blazi, Mrs. Glover. Mr. Mackie and
Mrs. Martin. Mr. Garthwaite and Mr. Klein were excused. Also present were
Mr. Powers, City Manager, Mrs. Plaskett. Planning Assistant/Grant Administrator.
Mr. Alvarez, City Attorney, Mr. Fischer. Building Official. Mr. Ames and Mr.
Beaty, owners of the indoor flea market. Mr. Doran, Attorney for Mr. AMes and
Mr. Beaty, and Beverly Kinney, Secretary.
Mrs. Blazi reviewed the concerns of the Agency that were discussed on November
1~, 1988. Whether this was a permitted use in the B-5 district, adequacy of parking.
traffic hazards and safety, restroom facilities, fire protection and signage.
The developers of this new business indicated that this was not a flea market.
but that is the question that needs to be cleared up first. The Board needs to
establish if this is a flea market. a trade center, a mercantile center or retail
sales.
Mr. Doran was not sure the type of business needed to be defined, because by its
very existance and looking through the code of ordinances, it's not necessary to call
it a flea market...Looking at the existing classifications and the zoning that currently
exists there and see whether or not what is going in, or proposed to go in at that
location meets that definition under that classification. B-5 is the highest density
business use available in the City. The question is whether they fit under that density
of use. Mr. Doran felt by definition that this was not a flea market. A clear distinction
is that the proposed use is indoors. Flea markets by definition are all outdoor
facilities. They are of concerns to cities because of their unsightlyness or there
heavy use of the premises, by use of traffic. This use will not cause unsightlyness,
because it's indoors.
Mrs. Blazi stated the Daytona Flea market is under roof and it is a flea market.
Mrs. Blazi stated originally the business was going to operate 6 days a week, now
they say three, and it seems like they are fitting the classification of a flea
market. There will be booths and the signage states indoor flea market.
Mrs. Blazi called on Mr. Alvarez if the Board should define the classification first.
Mr. Alvarez stated they should start at the begining. Zoning works by classifications.
Each classification has two types of uses, uses by right and uses under special exceptions.
Mr. Alvarez explained that when an application is made the question is asked "the type
of business or service provided". The reason for that question is to determine if we
feel the classifications in that zoning district, if it is the type of use that is
allowed there, or if it is allowed in another type of zoning district. The initial
step of making that determination apparently did not occur here. Of if it did occur,
it was under the misinformation that perhaps that was provided. The importance of
estalishing what it is that we are talking about is the very basic essence of the
quetion is it allowed or not. Mr. Alvarez quoted section 304. of the code: uses
not specifically classified or named in this ordinance shall be classified in the
catagory most closely resembling such business or use by the following methods.
~~enever such applicGtion is made for a occupational license or building permit for
use of property not specifically named in this ordinance...So we must name it something...
such application shall be submitted to the Agency, which Agency shall promptly recommend
to the City Council whethe~ such proposed use or business should be permitted in that
particular zoning district. Mr. Alvarez explained that each zoning district is
established pursuant to a comprehensive plan, a land use element of a plan, and the
intent of purpose of each district. Before the Agency can determine if this use is
prohibited, but first the Agency must come to a decision as to what type of business
this is. Mr. Alvarez stated based on visiting the place, statements from City
~~~~~~dls involved, it appears it is an indoor Ilea market. Mr. Alvarez stated
fire protection, eva:~at!__., _:.:_~, ~Dd proper ventilation become extremely important
as opposed to an open door flea market. It is the City's duty to protect the public
interest, ie: tealth and welfare. Mr. Alvarez felt that the Agency should consider
the proper conditions and safeguards they could recommend to Council if they felt it
should be considered for the B-) district.
Mr. Benni~gton stated he had no Guesti0n that this was a flea market, which was not
a permitted use in the B-5 district, and that application should have been made to
the Agency.
Mr. Frank Car:son, residen~ of Edgewater, asked the proper procedure for applying
for a1; occupational license. M~s. Blazi reviewed the license application presented
to the City by Mr. Ames. Mr. Alvarez stated it appeared from the begining there was
a lot of misunderstanding regarding the application. Mrs. Plaskett gave a brief
history regarding her part in reviewing the application. Mr. Alvarez stated it has
become apparent that what was applied for was not what was represented and that is
when this issue clp.veloped. Mr. Alvarez reviewed the proper procedure that should be
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followed prior to obtaining an occupational license.
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Mr. Ames gave a summary to the Agency as to what procedures he followed regarding
the business. Mr. Ames stated his first contact with any City official was with
the Building Official and the Fire Inspector and that he told them he was opening
an indoor flea market. Mrs. Blazi asked if Mr. Ames had a license in hand when he
lease the building. Mr. Ames stated he did not. Mr. Bennington and Mr. Ames dis-
cussed whether or not the issue of the need for a sprinkler system had come up, and
Mr. Ames stated it had not. Mr. Ames stated he met with the City Manager, the
Building Official and the Planning Assistant, and the City Manager had agreed it would
be premitted as retail.
Mr. Alvarez read the intent of the B-5 district and stated that retail was a
gent:!ric term.
Mr. Doran and Mr. Alvarez debated as to wheter the application was misleading.
Mr. Doran stated that he felt one issue here was an internal fight over where
the power lies in resolving these types of questions. The other one is whether
or not this business falls under the B-5 classification.
There was more discussion regarding the possible misleading application filed with
the City for an occupational license, because there was no mention of a flea market
on the application.
Mr. Doran spoke about the name of the proposed business "Indoor Flea Market",
and stated the name didn't make a difference, because by definition it was not
a flea market. He added a business will use a name that will bring customers in.
Mr. Doran pointed out that many of the permitted uses in the B-5 district were
renting space at the proposed business.
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Mrs. Blazi explained the City was in favor of new business coming into the City,
but the City was also obligated to make sure that all safety hazards, parking, etc.,
were addressed.
Mr. Bennington moved"that this is a flea market, it is not a permitted use in the
B-5 zoning district, and if these people make proper application to this Board to
either have this put in as a permitted use or a special exception with the proper
site plan, and everything that is required under site plan." Mr. Mackie seconded
Mrs. Plaskett asked Mr. Alvarez if the occupational license application would do
as per section 304. required application to the Agency. Mr. Alvarez had no problem
with that. Mr. Doran asked if Mr. Bennington meant indoor flea market in making
his motion. There was some discussion regarding this. Mr. Bennington amended
his motion to state indoor flea market. Motion Carried 5-0.
Mrs. Blazi read into the record the recommendations from the Planning Department
and the Fire Safety Inspector regarding this particular proposed flea market.
(see attached)
Mr. Ames called for a five (5) minute recess. Mrs. Blazi called the recess
at 6:10 p.m. The meeting was called back to order at 6:20 p.m.
Mrs. Blazi stated that the majority of the audience wanted the flea market or
would be doing business at the flea market, and asked that in the interest of
time one (]) person act as spokesman for the group. She stated Mr. Doran would
act as spokesman for the group.
Mrs. Blazi stated the Board has established that this is a flea market, and the
next step is to determine where we go from here. Mr. Alvarez felt the Board
should consider the recommendations of the Planning Office, but before going
into specific criteria the Board must determine if B-5 is the proper zoning
for indoor flea markets. Mrs. Glover and Mr~" ~10zi f~)t it uas al~ight as
a special exception with conditions. Mr. Bennington, Mr. Mackie and Mrs. M~rtin
had noth1ng to say. Mr. Alvarez stated the Board needs to determine whether or
not flea markets sh01\ld be permitted in the B-5 district as a special exception.
If the answer to that is Yt:!S, the the Board needs to get into the specifics, _
for example, minimum square footage. Mr. Bennington felt the conditions should
be discussed before the B0ard decided whether a flea market should be permitted
as a speciel exception. Mrs. Glover moved"to allow ~ special exception to allow
a flea market to operate in the B-5 district with certain rules and criteria to
be adhered to. Mrs. Glover amended ner motion to state indoor flea market."
Mr. Mackie seconded the motion. The Board discussed having criteria before
allowing flea markets in tht:! B-5 district as a special exception. Mr. Alvarez
stated the special exception is conditi~nal upon the criteria. Motion Failed
3 yes, 2 no.
Land Development and Regulatory Agency
November 29, 1988
Special Meeting of November 15, 1988 - reconvened
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Mr. Alvarez stated if the Board needed minimum criteria to allow flea markets as
a special exception in the B-5 district, they could put a minimum size on the
building and the lot. The Board discussed the parking requirements in the B-5
district. Mr. Bennington felt the Board should hold a public hearing before
making a decision. Mr. Alvarez agreed with Mrs. Blazi who stated the public
r.earings would be held at Council level. Mr. Bennington asked the earliest
date this recommendation could go to Council, even as an emergency Ordinance.
Mr. Alvarez felt it would be approximately thirty (30) days. Mr. Bennington
stated then they would still have to come back to the Agency for a special
exception if the Ordinance was adopted by Council. Mr. Alvarez stated the
occupational license application would suffice for the special exception.
Mr. Bennington and Mr. Alvarez agreed they would need to return to the Agency
with the proper floor plans. Mrs. Blazi stated she was still looking for a
motion with conditions on building and lot size. Mr. Doran asked that the
special exception be allowed, but asked that the Board not impose any conditions.
The Board agreed guidlines were necessary so that in the future the intent would
be understooG. The Board discussed parking availability. It was noted that the
vendors would need a place to park, customers would need parking and the other
businesses located at the location would also require parking. The Board also
discussed traffic in that area of town. Mr. Powers stated there were problems
on that section of U.S. I, but Edgewater is not the generator of traffic in the
area. He added with growth comes traffic and since U.S. 1 is a state road, it
will be D.O.T.'s problem. Mr. Powers stated the site specific conditions were
a good idea, but they were site specific and not intended for the general criteria
for a special exception. Mr. Powers stated there needs to be general criteria to
be followed and site specific criteria for each application presented to the Agency.
Mr. Bennington asked the Board to turn to page 1607, item 3 "Flea Markets" in the
B-3 district, as a special exception. He read this into the record and stated
the changes he would like to see as it would apply to the B-S zoning district.
Item A: is O.K., Item B: add 1 refuse container per space, Item C: O.K.,
Item D: should be 2 ~ acres, Add a minimum building size of 14,000 square feet,
Item E: is O.K., Item F: is O.K., Item G: does not need to be included, Item
H: is O.K., Item I: Must submit a site plan with all the requirements (arch-
itectural drawings/floor plans), Item J: Is O.K., Add approval of the Fire
Inspector, and all of his recommendations must be complied with. Mr. Alvarez
stated that Mr. Bennington had given the Board an outline of conditions if the
Board was ready for a motion. He added after the Board makes it recommendation,
it can go to Council. If Council approves, the applicants could come back to
the Agency at their own risk, contingent upon Councils approval. Mr. Alvarez stated
it would be more expeditious if it could go to Council at their next regular meeting.
Mr. Bennington stated he would like to add to the parking requirements by stating
the shopping center is based upon S, per 1,000 square feet and a flea market is 3
parking stalls per booth, and both parking requirements will be required to protect
other businesses in the B-S district. The Board discussed the fact that there is
no outdoor display or storage permitted in the B-S district. Mr. Bennington felt
the Agency should include this in the criteria for a special exception. He added
that no displays will be permitted in the aisles, and kept in the booth area.
Mr. Beaty asked the Agency not to take out their past frustrations out on Mr. Ames
and himself. t1rs. Blazi stated the Agency needed to look toward the future and try
to prevent any problems. Mr. Bennington pointed out that he asked for these items
to be included in the special exception, because if there is a violation, the license
for the business can be revoked. Mrs. Blazi asked if Mr. Bennington would make the
motion. Mr. Bennington moved"to recomend to Council that they amend the Ordinance
to allow indoor flea markets as a special exception in the B-S district, based on
these (above) criteria that we've come up with." Mrs. Glover seconded the motion.
Mr. Macki~ asked"if this is addressed to the Council at their next meeting, which
I don't know if I think this will be ready, it has to be all typed up in a form for
the City Council to have it, to digest it, and make up thier minds about what their
:"~~g to do about having a public heari~& on ~t, ~: 21:~~:~ ~:L~ h~~e copies of it
outselves, because we should have in the meantimp thj.s added to our agenda on our
first meeting of next month to see if there's any changes we want to make on it before
this goes right through to the end without modifying it a little better, or whatever"
Mrs. Blazi felt that there should be enough time for the Agency to review it and make
any changes necessary before the public hearing, we should be able to get that infor-
mation to Council. Mr. Mackie wanted to know if the Agency would have the information
by their next meeting on December 8, 1988. Mrs. Plaskett and Ms. Kinney stated there
would be no problem. There were no other questions. . Motion Carried S-O. Mr.
Bennington stated he was votir.g yes on the basis that the Council knew the Agency
was not holding a public hearing on this and hoped the Council would.
Land Development and Regulatory Agency
November 29, 1988
Special Meeting of November IS, 1988 - reconvened
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Mr. Alvarez pointed out the size of the building and the acreage required may
have to change slightly in order for the parking ratio to be correct. Mr.
Bennington added the parking may change because the current stalls are 9x18 and
the current requirement is 10x20. Mr. Powers suggested having a compact car area,
but he was informed th~re is no provision for compact cars in the Ordinance.
Mrs. Blazi told Mr. Ames and Mr. Beaty they could come back to the Agency at
their own risk regarding the special exception, and that they would need to
go through the Planning Department for the details.
There being no further business to come before the Board, Mr. Mackie moved to
adjourn. Mrs. Martin seconed the motion. The meeting adjourned at approximately
7:25 p.m.
Minutes respectfully submitted by:
Beverly Kinney, Secretary
Land Development and Regulatory Agency
November 29, 1988
Special Meeting of November 15, 1988 - reconvened
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