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01-23-1984 . ; , u . <J CITY OF EDGEWATER ZONING COMMISSION REGULAR MEETING JANUARY 23, 1984 Minutes Vice-Chairman, Greg Stewart, called the regular meeting to order at 7:00 P.M. in the Shuffleboard Building. ROLL CALL Memhers present: Messrs. Stewart, Wheeler, Sadowski and Landry. Also present: secretary, Susan Mista, and Richard Webster, and one member of the press. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the January 9, 1984, meeting, seconded by Mr. Sadowski. Motion CARRIED 3-0. Mr. Landry voted NO due to the fact he did not attend the January 9th meeting. OLD BUSINESS ~plication for rezoning filed by Richard Webster from R3 to B3 to allow a new and used furniture store at 111 E. Park Avenue. Vice-Chairman Stewart advised that Mr. Webster came before the Board at the last meeting and Mr. Wheeler requested that he come in with a revised plan, showing the proposed parking spaces for this business. He has complied with this request. Mr. Webster was told that the parking requirements compliance will not come up again until he applies for his occupational license at City Hall. There was also a question at the last meeting concerning "spot zoning", which has been investigated and found that there is no conflict here due to the fact that there are neighborhood adjoining properties that ave already commercial. "Spot zoning" is either a mistake in .the original zoning or prevalent if there is no other type zoning and/or business adjacent to the subject property, in his opinion. He advised that this is the definition from other zoning boards in the area. He further advised that he has reviewed the Zoning Bulletins concerning various Court rulings regarding this matter which are similar in nature. He found that either a mistake is made by the Zoning Board originally or there are none of the same type zoning adjacent to the property in question. . Mr. Wheeler questioned the "spot zoning" in that there is a house in the rear of this property that will remain R3. Mr. Webster advised that he has talked to the owner of the house and was told that he did not want to rezone his property because he did not want his property taxes to increase and he preferred to leave it zoned as it is. Mr. Webster said he did not feel it was "spot zoning" in that he has a Day Care Center on one side of him, the Water Department on the other side, and a Beauty Parlor and doctor's office across the street, with other businesses in the immediate area. There is only one house behind him that is residential. Mr. Sadowski made a motion to approve the application for rezoning to change it from R3 to B3. Mr. Landry seconded the motion. Motion CARRIED 4-0. Mr. Wheeler advised Mr. Webster that the Board would turn this over to City Council and they would have the final word as to whether or not it will be rezoned. Before discussing the next item on the agenda, Mr. Wheeler suggested that the Board elect a new Chairman and Vice-Chairman, in accordance with the by-laws of the Zoning Commission. Mr. Wheeler nominated Greg Stewart for Chairman of the Zoning Commission. Mr. Landry seconded the motion. Motion CARRIED 4-0. Mr. Sadowski nominated Mr. Wheeler for Vice-Chairman, seconded by Mr. Stewart. Motion CARRIED 4-0. Mr. Wheeler asked Mr. Landry if he wished to be reappointed to the Zoning Commission, to which Mr. Landry replied, no. He stated that he felt the Board was not accomplishing much, that most of the recommendations sent to Council were not acted upon and it was a waste of his time to serve on the Commission. (.) Q Vice-Chairman Stewart stated that Council is in the process of combining the Planning and Zoning Boards, however, if they decide not to combine them, the Zoning Board will be set with a Chairman and Vice-Chairman. Review map showing number of alcoholic beverage selling establishments and make recommendation to Council to regulate number of same type businesses within the City limits. Vice-Chairman Stewart stated that he felt it would be difficult to regulate the number of businesses allowed to sell alcoholic beverages in the City due to the fact there are so many businesses that can sell beer and wine. Vice-Chairman Stewart said he thought it should be left up to the liquor Commission to control it and see if there is a serious problem. He further stated it would be difficult to put a business on U.S. 1 now and require it to be 1,000 feet from another alcoholic beverage selling establishment. He suggested that they need to investigate this further by inquiring of the surrounding cities as to how they control the number of this type business in their community. Mr. Wheeler made a motion to table this until they receive more information on the subject. Vice-Chairman Stewart asked the secretary to call New Smyrna Beach and Port Orange and inquire as to how they handle~this matter. He stated he would check with the Ormond Beach Planning Department. Mr. Sadowski seconded the motion. Motion CARRIED 4-0. Review 880 Ordinance - Permitted Uses Vice-Chairman Stewart referred the Board members to the list of permitted uses that was prepared by Susan Wadsworth and Gigi Bennington concerning the B2 zones. Vice-Chairman Stewart said that thei first need to get a better definition for the miniwarehouses in the B2 and B3 zones to restrict them for the pur- pose for which they are constructed, and to allow commercial warehouses in B2 and B3 requiring a greater floor area than 200 square feet. Also, the parking and restroom facilities need to be designated for the commercial warehouses. Mr. Wheeler said that the number of square feet needs to be determined for the commercial warehouses. Vice-Chairman Stewart suggested that a minimum of 1,000 square feet be specified for a commercial warehouse. At the present time, there is only a definition of a miniwarehouse stating it is restricted to 200 square feet. Some of the builders are putting in larger warehouses and due to the 200 square foot restriction, they are dividing their buildings into sections to comply with the restriction. Mr. Wheeler said that that should be eliminated. Mr, Wheeler and Mr. Landry both agreed that a miniwarehouse should be used for storage purposes, only, and it should not be allowed to be converted to any other type business. Businesses can store products in the miniwarehouses, but they cannot operate their business from same. After a discussion concerning converting the miniwarehouses to commercial use, it was the unanimous decision of the Board members that the miniware- houses are to remain for storage only, and they not be allowed to be converted to commercial use. The secretary was advised to send this recommendation to the City Council. Vice-Chairman Stewart referred to the list of permitted uses prepared by Susan Wadsworth and Gigi Bennington under item #72, Manufacturers, stating that there may be some businesses that should not be allowed in a neighbor- hood business enviornment, such as a business extruding metal or dealing in toxic chemicals, etc. It was his suggestion that that be changed to "light manufacturers" wherein they are not subj ect to dealing wi th heavy equipment. Mr. Landry referred the Board members to page 1598 of the Code, Section 606.01 (d.l) and (e) wherein three new uses for miniwarehouses are permitted. A discussion then ensued concerning this section of the Ordinance. It was decided by the Board members that (d.l) and (e) of Section 606.01 - Permitted uses in certain area and Dimensional Requirements be rescinded from the Ordinance. -2- Zoning Commission Meeting January 23, 1984 ~ Q Mr. Wheeler made a motion that a recommendation be sent to Council to delete Section 606.01 (d.l) and (e), Permitted uses in certain area, and Dimensional requirements, from Ordinance 880 for the reason that it is contradictory to the new regulations stipulated by the Zoning Commission on miniwarehouses - that being that they are to be used solely for storage purposes and that they not be allowed to be converted to commercial use. Mr. Landry seconded the motion. Motion CARRIED 4-0. It was the unanimous decision of the Board members to send the list of Permitted Uses in the B2 zone that was prepared by Susan Wadsworth and Gigi Bennington to Council and recommend that same be adopted into the Ordinance, the only change being that item 72 be changed to read: Light Manufacturers. Said list to be combined with the list that presently exists in the Code. There being no further business to come before the Board, upon motion made by Mr. Wheeler to adjourn, seconded by Mr. Landry, the meeting was adjourned at 8:10 P.M. Minutes submitted by: Susan Mista -3- Zoning Commission Meeting January 23, 1984 \' Q u Date-dr1 V\ 1 ~ n If.) Z- ~ I '1 e-4- I i -' ('f'- ')- .