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05-23-1983 o o CITY OF EDGEWATER Zoning Commission Regular Meeting May 23, 1983 Minutes Chairman Siciliano called the meeting to order at 7:00 P.M., in the conference area of the Community Center. ROLL CALL Members present: Messrs. Siciliano, Stewart, Wheeler, Landry, Sadowski and Cochran. Also present: Jack Spencer, Mr. Kemper, Frank Opal, Susan Wadsworth, Mr. Ogden, Susan Mista, Zoning Commission secretary, and a member of the press. Donald Roberts arrived late. APPROVAL OF MINUTES Mr. Wheeler motioned to accept the minutes of the May 9, 1983, meeting, seconded by Mr. Stewart. Motion CARRIED 5-0. COMMUNICATIONS Mr. Siciliano read the letter from Briley, Wild concerning the Subdivision Ordinance, which was tabled for this meeting. He stated there was an article in the newspaper that the Planning Commission was sent a copy of the letter and they asked Briley, Wild to give them a reason for writing such a letter. ~1r. Cochran and Mr. Wheeler both felt that it should go to the Zoning Board. Mr. Siciliano stated that he agreed with Briley, Wild. Mr. Cochran agreed also. Mr. Wheeler said he went along with Briley, Wild having no more than four model homes. He stated the way things are going, you donlt know what they are, referring to Pelican Cove West. The first phase is almost completed and now they are working on the south section, cutting 1~1 to 21 off the top of it. Mr. Cochran stated they were cutting the top off because it is too steep an incline for the drive areas. Mr. Siciliano stated it was all right for them to work on the grounds and build the model homes, however, Briley, Wild is saying that prior to building more homes and selling them, or selling the model homes, they should take care of the improvements. If the developer is not limited to the number of models he can build, he can go ahead and sell most of them, having been reimbursed most of his money, he can take the attitude that he doesnlt care if the improve- ments are completed or not. And he can just walk away and the City has to go after him. Mr. Siciliano advised that they do have to put up a bond. Mr. Cochran stated it should be held until completion of the project. Mr. Wheeler made a motion to send a letter to City Council, recommending what Briley, Wild has suggested - amending the Subdivision Ordinance and limit the developer to building four model homes prior to acceptance by the City of the improvements. Mr. Cochran seconded the motion. Motion CARRIED 5-0. Mr. Spencer advised that when the Council adopts an Ordinance, the attorney has to put in a lot of "whereas III, which are defining the reasons for whatever the Ordinance is. He suggested that the Board advise the Council, when sending them a recommendation, that they state why the City needs this or why it is in the best interest of the citizens, etc. The Council needs to have the reasons why you make your decisions. Mr. Siciliano agreed to comply with his request. REVIEW ORDINANCE 880 Mr. Siciliano stat 00 this was referring to Change of Use and advised they were in conflict with the Planning Board. He then read an article from the newspaper concerning the Planning Boardls last meeting~ wherein they asked Council to consider that before any existing business is o o changed for any reason, permission must be granted by the Building Official and, if needed, the Planning Commission. He stated they needed to discuss the change of use, especially mini warehouses. When they build mini warehouses they only need one parking space and then they change it to retail outlet needing 20 parking spaces and there isn't sufficient places to park. This is changing use of any business other than what they originally were. The people should be made to come into a Board and explain what they are doing, determine if the changes can be made and they meet the requirements to make such change. Mr. Cochran stated he felt that if they started out as a mini warehouse they should stay that way. They are not set up for safety measures, other than for a mini warehouse. Mr. Siciliano stated there has to be a way of checking. When the people come into Susan Wadsworth for a license they give her the address, type of business, and she tries to remember what is there now and tries to make a determination. She cannot run allover the city to check out these buildings. Susan advised that if they are under the permitted uses, they are issued a license. She does not know if it has been converted to another use, other than storage. Mr. Siciliano asked if someone new moves in to a building, with the first occupant having secured a CO, does the new tenant also have to get a CO? Susan advised no. All that is needed is a license right now. Mr. Siciliano referred to the case before the Board this evening, a transmission clinic submitted by Mrs. Ogden. Mr. Ogden was present to represent the change of use application. Mr. Siciliano asked Mr. Ogden what the original use was built for. Mr. Ogden stated a garage. Mr. Siciliano stated this can be straightened out pretty easily, it is relatively new and was built for a garage. Susan stated the site plans state mini warehouses. Mr. Ogden stated they were supposed to do paint and body work there but it is not zoned for paint and body work. Susan advised the Ordinance states it can be used for tune-ups and front end alignments. Mr. Siciliano stated that auto shops, mini shops and tool grinding shops, in the same zone, are allowed from 20th to 30th and below 20th they are not allowed. Mr. Ogden's address is 1722. Mr. Siciliano stated this is the problem Susan has in issuing a license and it has to be looked in to and be solved. Mr. Siciliano stated that the problem is according to the site plan, it was built as a mini warehouse, and now they are changing the use. If the parking is enough, the building is large enough, he can have a transmission shop in it, however, the small mini warehouses with only one parking space, if they are allowed to change the use you have to have some regulations or guidelines to go by. You can't give to one and not another. Mr. Wheeler said if you turn one down you have to turn them all down. Mr. Ogden stated it wasn't built like that. It was supposed to be used as a body and fender shop, but he found out he couldn't use it for that. Susan said that if it is in permitted use and can meet the parking requirements, then she issues a license. Mr. Siciliano stated they need to. set up a set of guidelines for when people come ~n for change of use, all you do is follow the guidelines. If they meet the guide- lines, give it to them. If they don't meet it - don1t give it to them. Mr. Landry stated that transmission work does not fit in with tune-ups, as in Mr. Ogden's case. Mr. Siciliano said that as it stands now, Mr. Ogden cannot have a license for transmission work. If you incorporate trans- mission work as a category you have to modify the 880 Ordinance and Council would have to do that. Mr. Wheeler stated it was definitely a change from what it was originally. Susan stated that as it is now, it would come under permitted uses, a service station A or B, not C. -2- Zoning Commission Meeting Minutes May 23, 1983 o o Mr. Ogden stated they have cleaned up the place and are doing strictly transmission work. Mr. Cochran said that Mr. Ogden says that now, but what happens in the future if he gets bigger and wants to do heavier work. Once the permit is issued, it goes right on to the next person. Mr. Siciliano stated the Board cannot say whether or not Mr. Ogden can have the license. All they can do is give Susan some advice. The facts state it is not permitted. It was designed originally as a mini ware- house and this is change of use. If Susan turns Mr. Ogden down, he can appeal to the Council. He stated they have to establish some guidelines, but that will not help Mr. Ogden now. Mr. Wheeler suggested that Susan handle Mr. Ogden's case. Susan advised she would take it to Council. In regards to Donald Roberts application to transfer occupational license, Mr. Siciliano stated he is a builder, in the mini warehouses across from Frank Hall. Mr. Roberts advised it is in Frank Halls buildings. There is office space there and his office is 12 by 12. There is adequate parking spaces in front. Susan Wadsworth advised that unless she physically gets in the car and goes out to see if the building is a mini warehouse or not she has no way of knowing. Mr. Roberts asked what the definition was for a mini warehouse. He was advised it was for storage, only. He said that he felt they were 12 or 14 foot cubes, for the purpose of storage with the only access being an overhead door. If the building is put up with bathroom facil- ities, passage doors and over 12 by 12, then it is no longer a mini ware- house, it is a shop. And if it is in a business oriented location, it is a business shop. Regarding Mr. Ogden's case where you go from one end of Hibiscus to the other, and it is zoned B2, if there is an office in the building with a restroom in it, you cannot stop a person from operating a business with an office there. However, Mr. Siciliano stated they are converting the mini warer~uses into offic~s. That is what the Board is trying to correct. Mr. Roberts stated the Board is denying Mr. Ogden usage of a building that has restroom facilities, office space and bays in it. Susan advised he was not in the permitted use for trans- mission work. Mr. Siciliano stated Mr. Roberts has no problems. Susan Wadsworth said unless she has some guidelines or can go out and inspect the building physically, she doesn't know what to do. Mr. Siciliano asked the Board if, for example, he starts out as a mini warehouse and someone comes in and puts in a t-shirt shop and it is permitted use, it is allowed, what happens "then? Mr. Cochran stated it was OK if it was permitted use. Susan Wadsworth stated if they have the right amount of parking and' it is in permitted use, they should be allowed or they will be sent to the Board for final decision. Mr. Wheeler stated most mini warehouses have one parking space for an employee and a truck. Mr. Siciliano asked the Board if Susan should send any radical changes to the Planning Commission, to them, or to Council. Mr. Wheeler suggested they be sent to City Council. Mr. Sadowski stated that if a person meets all the requirements, there should be no problem. Susan stated she could send the application to the Building Official to check out the bathrooms, etc. Mr. Siciliano stated they need a standard operating procedure for Susan to follow. Mr. Wheeler made a motion that a letter be sent to Council, recommending that the Building Official be responsible for all licenses. Mr. Cochran seconded the motion. Motion CARRIED 5-0. Susan Wadsworth advised that her problem is in the B2 neighborhood business district there are permitted uses in B with a list of all permitted uses in B2. Mini warehouses are listed as solely for the use of mini warehouses. Unless she physically goes out to see what the -3- Zoning Commission Meeting Minutes May 23, 1983 o o building is, she has no way of knowing. Mr. Siciliano stated this is where the Building Official will go out and check it. Mr. Stewart suggested that the applicant be required to bring in a plan of the structure, which would save time by knowing what is on the property when the application is made. It would also take additional work off the Building Official. Mr. Siciliano stated Susan could use her own discretion and if she has any doubts, then advise the Building Official to check on it. A sketch of the structure would be sufficient. Susan advised the Board that the Building Official was very busy and indicated he may not be able to comply with this request. Mr. Wheeler said the problem is with mini warehouses. Mr. Siciliano asked the Board if there was not a cross reference in the Planning Department of new site plans. Susan said there was one now, but it doesn't go back when half the mini warehouses were built. It only goes back to 1982. Mr. Siciliano asked Susan Wadsworth if. she was unsatisfied with the last motion. She said she will see how it works. Mr. Stewart said it will save her a lot of time if she requires the applicant to bring in a set of floor plans. Mr. Stewart made a motion that all applications must include an up-to- date floor plan of the subject building in order to secure an oocupational license. Mr. Wheeler seconded the motion. Mr. Landry questioned whether the floor plan in the motion covered the parking lot. Mr. Stewart advised no. but it could be added as an amendment to the motion. Mr. Siciliano asked if the Board wanted to leave the other motion stand regarding the Building Official. Mr. Stewart stated no, if there were any questions, they shouldn't go to her. Susan said if there were any questions about the plan or parking she would send them to the Zoning Board. Mr. Stewart amended the last motion, adding: If applicant does not meet all requirements or the application is not complete, the matter will be referred to the Zoning Commission. Mr. Wheeler seconded the modif- ication. Motion and modification to motion CARRIED 5-0. .r Mr. Siciliano questioned whether the motion regarding the Building Official would be needed, the Board advised no. Mr. Wheeler withdrew his motion, seconded by Mr. Cochran. Motion CARRIED 5-0. Mr. Siciliano said there was not time to go over the Permitted Uses at this meeting. It will be tabled to next meeting. Mr. Siciliano read a letter from Doris Massey, Industrial Development Board, concerning a seminar on June 9, 1983, titled, Preparing for Growth Seminar, from 7 to 9 p.m. at the DeBerry Room, Southeast Bank, New Smyrna. He then passed the information around for the members to review. Mr. Siciliano read a letter from Nancy Blazi, City Clerk, regarding moratorium request. On May 16, 1983, the City Council voted unanimously that its policy will be not to rezone limited and industrial zoned land until more industrial land is acquired or other significant changes occur. Mr. Siciliano asked the Board to request Council to renew the subscrip- tion to the Land Use Law and Zoning Digest. He said it was very infor- mative, citing different cases and how the Courts voted on these cases. The Board had been getting them for years but the subscription has run out. Mr. Wheeler made a motion to request City Council to renew the subscrip- tion to Land Use Law and Zoning Digest at a cost of $160 per year. Mr. Cochran seconded the motion. Motion CARRIED 5-0. -4- Zoning Commission Meeting Minutes May 23, 1983 o o Mr. Wheeler made a motion to adjourn the meeting, seconded by Mr. Cochran. Motion CARRIED 5-0. Meeting was adjourned at 8:46 P.M. Minutes submitted by Susan Mista -5- Zoning Commission Meeting Minutes May 23, 1983 CJ Q , . I I I