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03-20-1986 ~ . u u CITY OF EDGEWATER PLANNING AND ZONING BOARD MARCH 20, 1986, 9:00 A.M. COMMUNITY CENTER MINUTES Chairman Wheeler called to order a regular meeting of the Planning and Zoning Board March 20, 1986 at 9:00 A.M. in the Community Center. ROLL CALL Members present were Messrs. Jake Wheeler, George Quaggin, James Mackie, Paul Loeffler, Billy Klein and Fred Finn. Also present were City Attorney, Jose' Alvarez, Dennis Fischer, Building Official, Connie Martinez, City Clerk/Administrator and Jan Morris, Secretary. Councilman Asting joined the meeting later. APPROVAL OF MINUTES The Board was presented with the minutes of a special meeting between Planning and Zoning Board and the City Council held February 27, 1986. Mr. Loeffler said he did not vote on the motion for the Chairman of Planning and Zoning to sign the mylar of Pelican Cove West. After the correction was made Mr. Quaggin made a motion to approve the minutes with the vote being 4-0 instead of 5-0. Motion seconded by Mr. Finn. Motion was CARRIED 5-0 with Mr. Klei~ stating he was not at that meeting so he had no vote. The Board was presented with the minutes of the March 6, 1986 meeting. Mr. Klein made a motion to approve the minutes as written. Motion was seconded by Mr. Loeffler. Motion CARRIED 6-0. PELICAN COVE WEST SITE PLAN Mr. Jose' Alvarez, City Attorney, was present to discuss this subject. He informed the Board he had located the original site plan that was approved by the Board in 1982. He said you can see it is the same as the newer copy that was here last time. The application shows SP-820l revision #3 for 1982. He said the minutes of that held November 3, 1982 indicate a motion to approve SP-820l revision #3, so the plat you see here was approved by the Board. The members present were Hetu, Towers and Nolan and the motion passed 3-0. Mr. Mackie asked how many members they had on the Board at that time to which Mr. Alvarez answered five. Mr. Alvarez told the Board according to the minutes this was passed November 3, 1982. Mr. Wheeler asked about the sidewalks in the area. Mr. Alvarez read from a memo from the City Manager dated April 6, 1982 in reference to a variance request. The memo stated the motion carried 3-2 to grant approval of the request for the variance from the 110 foot lot depth requirement. He added the motion did not carry to grant approval of the request for variance of sidewalk requirements. Mr. Alvarez said on November 2, 1981 there was a petition for annexation. The petition was approved and the property annexed on November 16, 1981 and the ordinance stated the property shall be zoned R-4. The next time it came to the Council the City Attorney advised that the ordinance not include the R-4 zoning. He said the City Attorney recommended to the Council a motion to delete reference to the R-4 zoning (minutes of December 12, 1981). He added the City can not zone this area for two years unless they receive permission from the County. Mr. Alvarez read from a letter of January 25, 1982 from Thomas Kelly, County Manager, stating the County Council approved an increase in density to allow a maximum of five dwelling units per acre. He stated the Volusia County Council approved this at the January 21, 1982 meeting. He stated this letter was read at the 1982 meeting. Mr. Alvarez said on April 7, 1982 there was a public hearing at which time Mr. Carder, owner, stated the concrete buffer is fine but he will go to the Council for a variance on lot depths, sidewalks and the 5% impact fee. He said the preliminary plat approval on SP-820l revision #3 was granted on a 4-1 motion with Mr. Winter voting no, on April 21, 1982. Mr. Alvarez read to the Board the memo from the Planning Commission to the City Manager dated April 26, 1982. The memo stated the variance for the 110 foot lot depth was approved by a vote Of 3-2 but the motion for the sidewalk variance did not carry. Mr. Alvarez stated on November of 1982 a meeting of the Planning and Zoning Commission took place and this (site plan which he had laid out on the tabl~' is what they approved. He said the mylar went through the City Council (Phase I) ~ ; u u November 15, 1982. The plat for Phase II just came before the Board and Council about a month ago and that was approved. He stated it is no longer an administrative act for the Council to go ahead and approve, they need to deal with the issues. They need to answer the questions of whether or not the developer has complied with all the requirements. He said, "Again, I state on the record the issue before the Council is a simple one." The issue is whether or not the developer has complied whether or not they are sati~ied with the variance approval, whether or not they have complied with the posting of all bonds, whether or not they are satisifed with the 5% for recreation. He said he told the Council if you are satisfied with the requirements then approve it and if not don't approve it. The motion carried 3-2 for approval. Mr. Mackie said there were so many things in there that the Board would like to ask but he doesn't think they could even digest all that today. He said one thing was the 5% recreation bond. He asked if the the 5% was waived for the developer? Mr. Alvarez answered he did pay it. Mr. Wheeler asked about the sidewalks again. Mr. Alvarez answered all he knows is just what he stated to them. Mr. Danny Herman said as far as the sidewalks were concerned they hadn't requested their maintenance bond back. He added the letter says they will not give the maintenance bond back to them until they put the sidewalks in and they have not requested it back yet. He said they will put the sidewalks in if they must. Mr. Herman said all we are trying to do is comply with what was approved in 1982. Mr. Judson Woods, Attorney, said it has been approved by the Council and that is where they were going by. Mr. Loeffler said the new R-4 zoning has been approved by the Council and recorded so there is a conflict there that has to be straighten out. Mr. Woods replied there is no conflict because they were accepted into the City as R-4 in 1982. Mr. Loeffler replied there is a conflict with the book, the setbacks are different therefore we can't accept them. Mr. Woods replied they were accepted with the setback requirements at that time. Mr. Loeffler said it had better be recorded in the book then so that we can follow it. Mr. Mackie read the 1981 setback requirements. Mr. Mackie said the variance they had was created by the sub-divider, he created his own hardship. Mr. Woods stated that was all in the past and the City Attorney had told them it has been accepted into the City as R-4 zoning as it existed in 1982. Mr. Alvarez read from the minutes of November 15, 1982 "the City Attorney added in good conscience he could not tell the Council to overlook this and go ahead with this approval until the matter is clarified. The fact is it was approved. Mr. Loeffler said we still do not know if that included Phase II. We accepted Phase I. Mr. Alvarez stated SP-820l, there it is. It includes all the streets, it includes those lots, includes all those dimensions there_. Mr. Loeffler stated I want the paper work on that, I want to read it all myself. Mr. Woods stated we do not want to delay on this any further, we would like a vote and if it is negative we would like to go directly to the City Councilor to Circuit Court. Mr. Mackie made a motion that we turn it down until we have the chance to get all that Mr. Loeffler ask for. Mr. Klein said you make a .motion to table it. Mr. Mackie replied if we turn it down we table it, I don't care, whatever. We are not going to sit here and listen to this stuff that is going on. We are going to get committed to something we don't know anything about and we hope that nothing like this will ever happen in the City of Edgewater again. Mr. Loeffler stated they had asked for the paper work last time and we haven't got the first page yet. Mr. Wheeler said we have a motion on the floor. Mr. Mackie said I make a motion we table it. Mr. Loeffler seconded the motion. Motion CARRIED 6-0. COZ 86-19 RICHARD'S AUTO AND TRUCK SALES 2010 HIBISCUS DRIVE B-2 Mrs. Iasimone was present to discuss this certificate of zoning. This is to operate a auto and truck sales and service business at 2010 Hibiscus Drive. Mr. Wheeler said he had a copy of an ordinance which the City Council had passed a change in the zoning to allow auto and truck sales in the B-2 zone. Ordinance 86-03 states body shop, auto paints, body shop paints, convenience food stores -2- Planning and Zoning Regular Meeting March 20, 1986 . u v along side of railroad tracks in the B-2 zone. Mr. Woods, Attorney, said Mr. and Mrs. Iasimone had been asking for their occupational license since last August. Mr. Loeffler said the book says they need a hundred foot frontage and they only have fifty. He added it is a permitted use. Mr. Wood said they do have more than one hundred feet. Mr. Loeffler said they do on the north side and asked if they we~e going to use the north side for the front. Mr. Woods replied yes. Mr. Loeffler stated he had looked at the property and it didn't look like enough space to sell cars. Mr. Woods said they own the land across the road too. Mrs. Iasimone stated they were applying to sell cars from the lot on their occupational license and if they need additional parking they would use the land across the street. Mr. Loeffler said if they add that in their application it would be alright. Mr. Wheeler asked Mrs. Iasimone if she wanted to add that in their application. Mr. Mackie advised Mr. Wheeler to let Mrs. Iasimone write it in herself, not Mr. Wheeler. Mr. Woods said when they record it with the City Clerk they will write that in. Mr. Loeffler asked how big the lot was on the north side. Mrs. Iasimone said they had it surveyed but she did not have the dimensions with her. She added it was pie shaped. Mr. Loeffler said if they include the additional lot on the north side he would move it be permitted. Mr. Mackie seconded the motion. Motion CARRIED 6-0. COZ 86-20 BULLSEYE DART SHOPPE B-2 1952 GUAVA DRIVE RoseMarie Lindsey was present to discuss this certificate of zoning. This is a retail sales shop of hobby type darts to be located at 1952 Guava Drive. The Board discussed the paving of the parking lot which they said Council had passed to relieve the people on Hibiscus and Guava from paving until the streets are paved. Mr. Loeffler ask Ms. Lindsey if she was willing to pave the parking lot when the street is paved.to which she answered the parking lot is already paved. Mr. Loeffler made a motion that the COZ be accepted. Mr. Wheeler ask Ms. Lindsey how many parking spaces she had. Mr. Finn made a motion that the COZ be accepted. Motion was seconded by Mr. Loeffler. Motion CARRIED 6-0. COZ 86-21 SPORTS AND SHORTS B-5 FLORIDA SHORES SHOPPING PLAZA. Lynn Robinson was present to discuss the certificate of zoning. Mr. Quaggin made a motion that COZ 86-21 be accepted. Mr. Finn seconded the motion. Motion CARRIED 6-0. COZ 86-22 STATE OF THE ART - MARTIAL ARTS B-3 THO~ffiS AND VICTORIA DILLON Thomas and Victoria Dillon were present to discuss this certificate of zoning. This application is to operate a martial art instruction business at 132 West Park Avenue. Mr. Wheeler asked Mr. Dillon how many parking spaces they had. Mr. Dillown replied it is condominium business development and all the parking is shared among the businesses. The Board asked if the first unit was not a bar and Mr. Dillon replied yes. Mr. Wheeler asked the size of the unit which is twelve hundred square feet. Mr. Loeffler asked what their operating hours would be. Mr. Dillon answered four to eight in the evening. Mr. Dillon told the Board he expects attendance to be about twenty people per class when business gets good but they are just starting now. The Board said when they get all their classes full they will not have enough parking. Mrs. Dillon said a lot of the class members will be children and their parents will be dropping them off and picking them up. Mr. Loeffler said the only problem he has is the parking and with the bar right next door they will run into trouble. Mr. Mackie agreed. Mr. Dillon related that many of the units were vacant right now and he doesn't think there will be a problem with the parking. He added parking is an important asset to his business. Mr. Quaggin made a motion to accept COZ 86-22. Mr. Loeffler said if you put in there that he can't use other people's parking until after closing hours, then it would be alright. Mr. Quaggin said he would accept that. Mr. Dillon said there was parking in the back of the building and in the front and the parking is for everybody. Mr. Wheeler said there was parking across the ditch also. Mr. Loeffler said you are only entitled to parking spaces in front of your business during business hours. Mr. Dillon said with their business hours there would not be a problem. Mr. Wheeler said they might have to change the hours. Mrs. Dillon said they would be enrolling new students from four to five and classes would start at five. Mr. Loeffler said he does not think they should permit him to use some one else's parking spaces, not during business hours. Mr. Wheeler stated, how about if he changes his operating hours from five to nine. Mr. Loeffler said the way he sees it they have two parking spaces in the front, two in the back and one across the ditch. Mr. Wheeler asked Mr. Quaggin if he wanted to add the five o'clock opening. Mr. Quaggin answered okay, I will rephrase the motion to accept it provided the hours are from five to nine. Motion seconded by Mr. Klein. Motion CARRIED 6-0. -3- Planning and Zoning Regular Meeting March 20, 1986 o' u u COZ 86-23 WALLPAPERS GALORE/FASHION FLOORS -- B-3 1401 S. RIDGEWOOD Mr. Charles Herman was present to discuss this certificate of zoning. This application is to locate a retail sales store at 1401 South Ridgewood. Mr. Loeffler said Mr. Herman had six parking spaces on his plot plan but he actually only had four. Mr. Herman said it was explained to him that the parking lot was so large that the business could have six spaces. Mr. Quaggin stated he had never seen a problem at that location. Mr. Loeffler made a motion to accept the COZ. Mr. Mackie seconded the motion. Motion CARRIED 6-0. COZ 86-24 CLYDE'S UPHOLSTERY B-3 '107 NORTH RIDGE\.JOOD Mr. Clyde Derrick was present to discuss this certificate of zoning. This application is to operate a furniture reupholstery business at 107 North Ridgewood. The Board determined the exact location of the building and that the parking was sufficient. Mr. Derrick said the building was fifty by fifty. Mr. Wheeler said twelve parking spaces were needed. Mr. Wheeler said they had a letter from Susan Wadsworth, Deputy City Clerk. Mr. Mackie said the letter say auto upholstery under service type "A" and this is furniture upholstery. The Board tried to decide what they could classify the business. Mr. Mackie asked Mr. Derrick if he was just upholstering or if he would have sales also. Mr. Derrick replied just upholstery. Mr. Loeffler asked if they could accept him under appliance repair, he takes in furniture and repairs it. Mr. Mackie said if he was going to sell furniture it could come under furniture showroom. Mr. Loeffler asked if they could accept him under special exemption. Mr. Wheeler replied no. The Board consulted the code book and Mr. Loeffler asked Mr. Derrick if he did this under contract, did he give them a written estimate? Mr. Mackie said if they read 606.01, unclassified business will apply to the City Zoning Board for approval. Mr. Mackie said we know it is not in the book, yet a license can be obtained for auto upholstery under service station type A. Mr. Mackie asked if he thought he might at any time go back to auto upholstery because business was not good or something. Mr. Derrick answered no, they discontinued that type of business a long time ago. Mr. Loeffler said you are bidding these jobs and figuring them. If I brought you a chair you would give me a price on it. Mr. Derrick said yes. Mr. Loeffler said we can enter him in under upholstering contractor. The Board discussed the possibility of permitting the business under contractor and Mr. Wheeler asked Mr. Derrick if he would like to change his application to read reupholstering contractor. Mr. Derrick answered yes. Mr. Mackie made a motion to accept the application provided Mr. Derrick adds contractor in it. Mr. Finn seconded the motion. Motion CARRIED 6-0. COZ 86-25 D & D R/C RACEWAY (UNCLASSIFIED) JON DAVIS AND DAVID DAVIS B-2 Jon and David Davis were present to discuss this certificate of zoning. This application is for a radio controlled hobby type race track to be located at 2032 Hibiscus Drive. Mr. Wheeler said that is not permittted in B-2. Mr. Wheeler said he suggest they send this right on to Council. Mr. Davis told the Board this would be a concrete slab that they would be racing the cars on. Mr. Loeffler asked about the noise in racing the cars and Mr. Davis replied they are all electric. Mr. Loeffler said this is an area where there aren't any businesses around therefore it would not interfere with anyone. Mr. Davis informed the Board his operating hours would be from six to nine or five to nine. The Board consulted the code book in order to find an area where this business could be classifi.ed. Mr. Loeffler said according to the book we cannot accept it. Mrs. Martinez, City Clerk/Administrator informed the Board it was listed on their agenda as unclassified. She added we were aware it was unclassified when we sent it to the Board. She asked if there was not a category called unclassified in B-2. Mr. Mackie replied the only thing you have under B-2 is special exception unclassified business shall apply to the City Zoning Board for approval. Mrs. Martinez said he is here, it says apply to the City Zoning Board. You can't send him to the City Council because the code book says he comes to the Zoning Board. She told them they could keep a runni.ng list of unclassified businesses if they want. Mr. Wheeler asked if they wanted to add it as a permitted use in B-2. Mr. Loeffler said the business would be under speci.al excepti.on. Mr. Wheeler stated we cannot do that because it is not permitted, we have to classify it. Do we want or don't want that type of business in B-2. Mr. Loeffler ask if this will permit him to get his license to operate right now? Mrs. Martinez said that is her impression. Mr. Loeffler said let's make a motion to handle it that way. Mrs. Martinez advised them to title the business. Mr. Loeffler said title it recreational business as in B-3. Mr. Finn seconded the motion. Motion CARRIED 6-0. -4- Planning and Zoning Board, Regular Meeting March 20, 1986 . . v v COZ 86-26 44 AUCTION SERVICE B-2 2032 HIBISCUS DRIVE Mr. Ray Fisher was present to discuss this certificate of zoning. This application is to operate an auction service at 2032 Hibiscus Drive. Mr. Fisher, said he owns the property at this location and hoped to put his auction service there, at the present time he is operating west of the K-Mart. Mr. Fisher said they do a lot of estate sales but they will continue to have auctions. Mr. Fisher said the businesses that are in the building now will be not be located there if he gets his license to operate the auction. He added he would bring the building up to code but he did not want to bring it up to code for the businesses presently located there and then have to do it over again for his own business. Mr. Loeffler stated he had looked at the property and it needs paving, drainage and the meter repaired because it is about to falloff the building. Mr. Fisher informed the Board he has four lots shown on his plot plan. He added he has more lots but that is all he shows. He said there is an alley shown on his survey and if it is an alley he intends to use that and pave which will give him more parking. The Board told him he could not fill in the drainage ditch. Mr. Fisher stated he wanted to have access from the west side of the property and Mr. Loeffler informed him he would have to have to contact the City Engineer about that. Mr. Mackie asked if they would be auctioning cars. Mr. Fisher answered he was not in the business of auctioning cars, it was mostly furniture, tools and appliances. Mr. Fisher said this will clean up the area because the people who are now having yard sales will come to him instead. Mr. Loeffler said he thought it was a good business, it cleans up the junk. Mr. Fisher told the Board everything will be kept inside. Mr. Loeffler said we have to handle this the same way as the race track. Mr. Quaggin said we are trying to make it a permitted use, just put in auction service. Mr. Klein said if we make it auction service then someone wants to put a car auction there they will be able to do so. Mr. Loeffler said we could have auction and exclude motor vehicles. The Board discussed the possibility of car, trailers, boats, etc. auctions being permitted in the zone if they name it auction service. Mr. Fisher said if he ever had a car or boat to auction he could get a one day permit. Mrs. Martinez, City Clerk, said they need to specific who would issue the one day permit. Mr. Loeffler said he was thinking like a garage sale permit. Mr. Loeffler made a motion to add to permitted uses in the B-2 zone " auction service exluding all motor vehicles or anything that has to have a license on it". Motion seconded by Mr. Quaggin. Motion, CARRIED 6-0. COZ 86-27 EDGEWATER TOURIST COURTS APARTMENTS B-3 335 N. RIDGEWOOD Mr. E. A. Pilch, Sr.' was present to discuss this certificate of zoning. Mr. Dennis Fischer, Building Official, informed the Board that Planning and Zoning had approved this in the planning stage and now Mr. Pilch was just applying for his occupational license. Mr. Loeffler made a motion to accept the COZ. Motion was seconded by Mr. Mackie. Motion CARRIED 6-0. COZ 86-28 SINTAUR CORP. 1-1 704-F WEST PARK AVENUE Mr. Nick Fugok and Mr. Lawrence Sinclair were present to discuss this certificate of zoning which is to operate a machine shop at 704-F West Park Avenue. Mr. Wheeler asked how many parking spaces they had to which they replied two. Mr. Loeffler asked if the space was thirty by forty. Mr. Fugok answered yes. Mr. Loeffler said that gives you three parking spaces then. Mr. Mackie made a motion to accept the COZ. Mr. Quaggin seconded the motion. Motion CARRIED 6-0. OLD BUSINESS CLARIFICATION OF REASONS FOR DENIAL OF CHURCH IN B-2 ZONE Mr. Sid Corhern and Rev. Miracle of Friendship Baptist Church were present to discuss this subject. Mr. Wheeler stated the reason they denied this the last time was churches were not permitted in the B-2 zone. He added they should have taken care of it then instead of sending it to the Board of Adjustments. The Board of Adjustment would not put it on their agenda and Mr. Corhern said the reason was a unclassified business was a business not listed anywhere in the Code Book. He added the purpose of coming to the Board today was to discuss the reasone they did not want churches to be a permitted us in the B-2 zone. Mr. Corhern said the reasoning behind it not being listed they did not understand. He added a church would not be determinal to the neighborhood or City. Mr. Wheeler said the question is do we want churches as a permitted use in B-2. Mr. Loeffler said in some parts of B-2 it would be alright but we would not want it right in the middle of industry. Mr. Corhern said the B-2 is a neighborhood district and we have primary industry in it right now which goes against everything the B-2 zone should be. The intent of the zoning, the way it is written in the code, is for the use and services for the neighborhood. He added auto sales, machine shop, and auction are not for their use. He said a hardware -5- Planning and Zoning Board Regular Meeting March 20, 1986 ~ . " ... - . . . ..~. u \,J store or food store is. Mr. Corhern said I cannot see how you justify an auto sales and not justify a church. Mr. Mackie said he thought the reason it was not allowed in the B-2 was the zone's relation to the railroad tracks. The Board said the only B-2 we have is in Florida Shores. Mr. Wheeler asked if they wanted to make it a permitted use on Hibiscus and Guava? Mr. Mackie said you are going to have to with all the others we passed we can't renege on it now. Mr. Loeffler asked where exactly was it the church wanted to locate? Mr. Corhern answered just across the street from the auction you just permitted. Mr. Loeffler made a motion to allow churches as a permitted use in the B-2 zone between Indian River Boulevard and 30th Street. Mr. Klein seconded the motion. Motion CARRIED 6-0. NEW BUSINESS SPECIAL EXCEPTION REVIEW FOR LIGHT MANUFACTURING IN 1-1 ZONE . - --..-- Mrs. Roma Chute was present to discuss this agenda item. The Board reviewed an application for a special eception for light manufacturing in the 1-1 zone. The light manufacturing is a permitted use with a special exception in that zone. This business is to rebuild auto air compressors. The Board discussed if it was a premitted use. Mr. Loeffler said we can accept this under a special exception. Mr. Loeffler made a motion to accept the COZ under special exception. Mr. Klein seconded the motion. Motion CARRIED 6-0. MISCELLANEOUS MARION AVENUE DISCUSSION Mrs. Martinez, City Clerk/Administrator, said this was put on the agenda for her to bring back an answer for the Board. She said everyone had a copy of the statement from Dan Cory of March 11, which said the sub-division plat or record shows that Marion Avenue ceases east of Riverside Drive. She said the building permit and the building in question does meet the setbacks and the gentleman living there does have a complete deed to the property. She said some of the maps we have show several streets going across but they are not official City maps. Mr. Wheeler said the reason this was brought up that it shows on their maps where it goes right to the river. Mr. Loeffler asked if they could get the legal from the tax office to show who is paying taxes on this property. Mrs. Martinez said it is listed in the taxroll already showing it is his property. She added the man who build the room addition had to buy an additional thirty feet from Mr. Robinson therefore they adjoin. Mr. Loeffler stated the property he was questioning was shown on a City map as being owned by the City and he would just like to see who the real owner is. Mrs. Martinez informed the Board that the new City zoning maps should be completed soon. Mr. Mackie said before the meeting closes he would ike to suggest that any time the Planning and Zoning Board sends anything to the City Council that they at least get a copy of the minutes to see if it passes or not. We have to look in the newspaper, we don't know what they talked about. We don't know anything. I think we should have a copy for the chairman here and if we want more copies we can make them but we should get a copy of whatever we send to Council for approval or disapproval. Mr. Wheeler said we requested that last fall and were told it is too expensive. Mrs. Martinez asked if they were talking about the Council minutes and they replied yes. Mrs. Martinez said isn't that what happens when I send a memo back to you? Mr. Wheeler said we want a copy of the whole meeting, particularily waht passed and what didn't pass. There being no further business to come before the Board Mr. Loeffler made a motion to adjourn. The meeting duly adjourned at 11:25 A.M. Minutes respectively submitted by: Jan Morris -6- Planning and Zoning Board Regular Meeting March 20, 1986