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06-05-1986 Q o CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING JUNE 5, 1986 9:00 A.M. COMMUNITY CENTER Minutes CALL TO ORDER Chairman Wheeler called the regular meeting of the Planning and Zoning Board to order at 9:00 A.M., June 5, 1986 in the Edgewater Community Center. ROLL CALL Members present: Fred Finn, Nancy Blazi, James Mackie, Paul Loeffler, George Quaggin and Jake Wheeler. Also present: Mr. Fong, Mr. Geil, Mr. Corhern, Rev. Siano and another gentleman representing the Edgewater Alliance Church, Assistant City Planner, Lynne Plaskett and Secretary D. Sigler. APPROVAL OF MINUTES Mr. Quaggin made a motion to approve the minutes of the regular meeting of May 1, 1986, being seconded by Mrs. Blazi. Motion CARRIED 6-0. Mrs. Blazi made a motion to approve the minutes of the workshop meeting of May 1, 1986, being seconded by Mr. Finn. Motion CARRIED 6-0. REZONING REQUEST Rezoning of Fong Property Chairman Wheeler explained this is a request to rezone the property from R-l, the first 250 feet to B-3 and the remainder R-3. Assistant City Planner, Lynne Plaskett asked the members to make a correction in the memo sent to them from her. There was a typographical error, it should be from County B-4 to City B-3. The County B-4 classification is basically the same as our City B-3, and the County R-3, was single family residential at that time, and he is asking the same thing, R-3 in the City. Chairman Wheeler pointed out this was annexed in under R-l. Mrs. Blazi explained he is asking that it be put back to what the County had zoned it, which was B-4 and R-3. Mr. Fong spoke to the Board that there are no present plans for development. He added they feel if this was zoned properly it would relieve a lot of tensions that the Council and the people would have, because it is not really the right use on a highway as R-l. Mrs. Plaskett read her memo to the Board into record. She stated that the zoning that is being requested will be in compliance with the County and the Comprehensive Plan. Since the Fongs have no intention of developing the property until such future date when water and sewer become available, it is her recommendation they receive the proper zoning classification from the City. The Board members reviewed the drawings and Mrs. Plaskett answered several questions. Mrs. Blazi commented that this request seems to make a lot of sense in that area. R-l zoning does not really belong down there along the highway. o o There was more conversation Mr. Fong reminded the board the City reserves the right available. about how this property is going to be used. that since this was a voluntary annexation, to supply water and sewer only when it is Mr. Loeffler questioned why this property was ever annexed into the City when there is no land around it in the City limits. Mrs. Blazi explained that the land right across U.S.l is in the City, and although there is a highway there, it is contiguous land. Mr. Fong reiterated the fact that there are no present plans for development, he just feels the City is beginning to grow and they should be zoned properly according to City ordinances so they can use their property in the future. There was discussion about a piece of property that is shown on the drawing which appears to be landlocked. Mrs. Plaskett explained that this property already has access to their land and if they had any objections to this zoning change, they would have attended to voice their opinions. Mr. Loeffler made a motion to accept the application to change this zoning from R-l to B-3 and R-3, as stated on the plans, being seconded by Mrs. Blazi. Mr. Quaggin questioned the procedure that follows after this board action is taken. Mr. Wheeler explained that if this passes, it goes to City Council and they will hold a public hearing. We are just recommending to them. Upon roll call, the motion CARRIED 6-0. SITE PLAN REVIEW SP 8604 , Final, B-3 Edgewater Alliance Church, Gymnatorium, 110 Mockingbird Lane Mr. Cohern came before the board. Mrs. Blazi read the Fire Departments comments into the record. They are re- quiring a sprinkler system. Mr. Cohern explained he and Mr. Jones, City Fire Inspector, talked about this, he called the NFPA people and it was agreed that the code was being misin- terpreted. He is having smoke detectors and a fire alarm system put in. It was determined that any change in comments, such as this, should be put in writing for the board, and not given verbally by the applicant. It was agreed that a letter will have to be submitted by Mr. Jones to this effect. The subject of the parking was brought up at this time. Mr. Mackie said it is all written by the engineers about the development of the west parking lot and the storm water management requirements, which should be met before approval of the plans. He added that Mr. Cohern should have a copy of all of this. Mrs. Plaskett explained that an agreement still has not been met in regards to the parking. She explained that she can not make this determination, it is up to the Planning and Zoning Board as to whether they want to waive the 36 additional parking spaces which she requires. Also, the existing over- flow parking area that is shown on their plans was never approved (she added that she could not find any record of an approval). Mr. Cohern passed out some more drawings of this project, pointing out that this accompanied the site plan which was approved. This was a third amend- ment to the water retention. The site plan approval was accepted, and the permit issued March 27,1984, therefore it was approved prior to that time. Mrs. Blazi pointed out this was the approval of the church itself. -2- Planning & Zoning Board regular meeting June 5, 1986 o o Mr. Cohern argued that this was for church facilities, which makes a big difference. Mrs. Blazi tried to. explain that at the time the board was looking over the plans, there was no discussion of the future building. There was quite a lengthy discussion in regard to the parking spaces, what is required and what is actually being requested. Mrs. Plaskett contended that the overflow parking can not be included, and 36 more parking spaces are required. Mr. Cohern states that she is requlrlng a number of parking spaces based on simultaneous use of the church and the gyrnnatorium, which he does not feel is fair because these two buildings will not be used at the same time. He feels he meets the parking requirements, because the gymnatorium's use would require only 77 spaces and he has that number. Mr. Cohern read sections from the code regarding parking. Mrs. Plaskett stated this is being misinterpretted, also the overflow parking was never, according to the record, approved by any board to be sufficient for these two buildings. Mr. Mackie suggested the City Engineer go over this property and corne up with a report for the board, regarding the parking and the storm management. Mr. Cohern insisted that they are following rules and regulations, but an additional hardship is being put on them that they refuse to take. Mrs. Blazi said she has no problem with an unpaved overflow parking area, she doesn't agree with his interpretation of the code, hopefully though, we can corne to some kind of a compromise. Mr. Cohern passed out a letter from of the gymnatorium. There was more never being used at the same time. Beach is doing practically the same the Church discussion He brought thing with Minister regarding the use about these two buildings up the fact that New Smyrna a church. Mrs. Blazi asked Mrs. Plaskett to research the parking situation in New Smyrna Beach, perhaps we could find a solution without sticking strictly to the code. Chairman Wheeler suggested that Mr. Cohern, Mrs. Plaskett and Mr. Fischer all sit down and try to work out this parking. Mr. Cohern again questioned why they are being required to provide simul- taneous parking. He and Mrs. Plaskett discussed the possible number of parking spaces in the overflow area. He agreed with having the City Engineer review this situation, because they want it solved. Mr. Mackie also pointed out the record shows this overflow parking was not approved previously, it seems to have been established as a water retention area, which is probably why the City did not want it paved. Mr. Quaggin questioned the use of both sides of D.S.l. Mrs. Blazi made a motion to approve the final plat, requesting Engineer be contacted to corne up with a figure on the parking, the use of the unpaved overflow parking as a compromise to the problem. Mr. Mackie included a statement that if the engineer with another concept on the parking, they will have to corne in the problem allover again. Mr. Loeffler seconded the motion. CARRIED 6-0. the City allowing parking comes up and solve The motion ~ -3- Planning & Zoning Board regular meeting June 5, 1986 o o SP 8608, Final, B-3, Luis C. Geil, Blowling Alley, 1408 S. Ridgewood Mrs. Plaskett pointed out the engineer required that "Paved Parking" be put in writing on the plans. Mr. Geil verified this is going to be paved parking and agreed to add it in writing on the plans. Mrs. Blazi made a motion to acept this final plat for the bowling alley, being seconded by Mr. Loeffler. Motion CARRIED 6-0 OLD BUSINESS None NEW BUSINESS Mrs. Plaskett asked for some action from the board regarding her suggested additional permitted uses in the Industrial Zones. They went over the list she prepared. Mr. Mackie brought up the discussion regarding how many times you are allowed to make changes in the zoning ordinances. There was conversation about where the Industrial Zones are within the City, also about when the City is going to receive the updated zoning map. Mrs. Plaskett explained she is adding to the list of permitted uses that we already have. Mr. Mackie questioned the section including kennels. He doesn't feel 50' is far enough away if they are boarding animals over night. It was agreed to change the wording to "indoor boarding" and that will solve the question. Mrs. Blazi made a motion to accept the recommendation from the Assistant City Planner on the additional permitted uses, and that our recommendation be sent to the Council for their adoption. Mr. Mackie seconded the motion. Motion CARRIED 6-0. MISCELLANEOUS Mrs. Plaskett informed the board that there was a letter sent to the Board of Adjustment in regards to Mrs. Nelson's special exception. They agreed that this should not corne back to the Planning and Zoning Board and they are going to take care of it. There was discussion regarding the recommended changes the board is sending to the Council. Mr. Wheeler informed the board that Mr. Mackie is going on vacation and is taking a leave of absence from the board. Mrs. Plaskett assured the board that anytime she has made a recommendation to the board or Council for changes, she has been instructed or requested to do so by either this board, the City Council, or administratively. She is not doing these things on her own, she is being requested to do them. It was agreed that there are a lot of corrections and changes that need to be made. The board discussed a problem Mr. Loeffler It was explained by Mrs. Plaskett that the in writing to back them up, if they try to presently is nothing in the ordinance that people to pave their parking at this time. to this, and perhaps they can get a ruling code. is having with his neighbor. board does not have anything take any action on this. There states they can require these She is working on a solution and something added into the -4- Planning & Zoning Board regular meeting June 5, 1986 Q o There was further discussion about cases that have come before the board and the paving has been required. Mrs. Plaskett agreed that this is a good policy, but we don't have it implemented. This lady can not be required to pave her parking now, she has a license and so forth. You can not go back and make her do something that was not required before she applied for her license. She added she is working on a solution to this, because Mr. Wheeler has asked her to, right now the only way any- thing can be done is if there is a change in use or ownership. ADJOURNMENT Mr. Mackie made a motion to adjourn, being seconded by Mr. Loeffler. Meeting adjourned 10:48. Minutes submitted by: Debbie Sigler -5- Planning & Zoning Board regular meeting June 5, 1986