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01-16-1985 - Special/Workshop ~ u o CITY COUNCIL OF EDGEWATER SPECIAL MEETING AND WORKSHOP WITH PLANNING AND ZONING BOARD JANUARY 16, 1985 MINUTES Mayor Baugh called the Special Meeting to order at 6:30 P.M., in the Community Center. ROLL CALL Mayor Earl Baugh Present Councilman Russell PraterPresent Councilman Neil Asting Present Councilman James Inman Present Councilman Louis Rotundo Present City Attorney Jose' Alvar~;Arrived Later City Clerk Connie Kinsey Excused Deputy City Clerk Susan Present Wadsworth Also present were the members of the Planning and Zoning Board - Don Bennington, Jake Wheeler, Lyle Chenoweth, Fred Finn, Jim Poland, and Ann Thomas. Mayor Baugh stated the purpose of the meeting was to discuss with the Planning and Zoning Board their request to rezone the property in the City located from 20th to 30th Streets on Hibiscus and Guava from B2 to II. He further stated that Mr. Alvarez was supposed to have left some information concerning this rezoning for the Board and Council at the Police Department, however, there was nothing left by him and they would have to go on with the meeting without this information. Councilman Neil Asting stated that there are 350 land owners that this rezoning would affect, which is a lot of people to notify by mail. He went on to say that the person who initially wanted this area rezoned intended to put in a garage for storage of antique cars. This person has since abandoned the request to put this garage in and is presently . located somewhere in the Daytona area. If the property on Guava was to be rezoned, it would require putting in a 6" water line to accomm- odate the industry in the area. There is presently a 2" water line there at the present time. It was his opinion that this should not be rezoned at this time. To satisfy the people who want to put in an auto repair shop, it could be added as a Permitted Use in the B2 zone. Councilman Louis Rotundo said he did not like to see duplexes built along the railroad tracks for the health and safety of the residences. Councilman Russell Prater said he felt the same way as Councilman Asting, especially having the two types of zones in the area, He further added that he thought there should he control over the type of industry that goes in that location. Councilman James Inman said he was concerned about the noise factor ~n relation to the residences surrounding this area. If you change lt to 11 and light industry is allowed, you can get businesses such as machine shops, tool and die shops, etc., and they could be operated on a 24 hour basis which would not be good concerning noise. Mayor Baugh asked Chairman Don Bennington if he thought they could add some of these businesses to the Permitted Uses in the B2 zoning, rather than changing the zoning to I~, which would allow the City to have control over what type business goes in that area, :' (.) o Chairman Bennington said that he wanted to make it clear that this request to change the zoning came only from the Board. No one came in and asked that it be rezoned. The land is presently zoned for neighborhood business, not for duplexes. It was the Board's deter~ mination, in looking at the area of Hibiscus and Guava being two of the worst roads in the City, and having warehouses, garages, tool and body shops along there, a neighborhood business would not be successful along this roadway. It was ~he Board's decision that the best use of this land would be light industrial. By changing the section to II we would be offering some smaller lots for industrial use, where there is little II zoned property left in the City. These were the only reasons the Board recommended that the zoning be changed. It was the Board's feeling that this land is not best suited for neighborhood businesses, for the City or the landowner. The part that the Board asked to be rezoned is from 22nd on the Guava side to 28th and on the Hibiscu~ side from 20th to 30th. Many of the businesses down there now are illegal, they do not fit the zoning. There are warehouses there that should never have been allowed to be built. This is prim- arily the fault of the City - the Boards, the personnel ~ because of the word in the code, "mini warehouse". The definition of mini-warehouse in the Code clearly says it can only be lOxlOx20. Garages were built and then people opened them up as businesses. When the Permitted Uses section was changed, mini warehouses were changed to read for storage purposes only and no business was to be allowed to operate from them. Mayor Baugh said he questioned changing the zoning due to the fact that is the 'only area in the City zoned B2 at the present time. Chair- man Bennington said the only difference between the two zones is service stations. City Attorney Jose' Alvarez arrived at the meeting at approximately 6:40 P.M. Mr. Alvarez said that it was his understanding that this recommendation came about because Luis Geil and a Mr. Voshel requested to put a storage building for antique cars in this location and the B2 requirements would not allow it. Chairman Bennington said that this was not correct. They did come before the Board for that reason and were denied because it was not a Permitted Use in the B2 zone. They questioned the Board as to why there were other businesses along this section that were not permitted in the B2 zone, and this is one of the reasons the Board decided to look in to rezoning this section to comply with the Code insofar as the businesses that are operating in this area. Mr. Alvarez said there are two basic decisions that need to be made to take care of this. Either they have to rezone the whole area, or to add uses that will allow more businesses in the B2 zone. In rezoning the whole area, when not initiated by the property owner, and is initiated by the City or the Boards, then the procedures are different. A rezoning such as this would require notification of all the property owners, plus those who will be affected by the change. In a case such as this where industrial will be going next to residential, all of those who reside by the industrial section will or may be affected. Another thought is how does industrial next to residential comply with the Comprehensive Plan. The third point is the compatibility of the uses that are allowed under II that someone could put in a factory that would be next to residential. These questions should be answered by the Board and the Council to determine how to take care of this situation - the uses that are there now that shouldn't be there. Either the area should be rezoned and notifications sent to all the residents amfected by the rezoning or the Permitted Uses in the B2 zone be amended to include some of these businesses. Councilman Neil Asting again stated that he had talked with Terry Wadsworth about this and if Hibiscus is rezoned for industry, the City would have to put in a 6" water line. Mayor Baugh asked Council and the Planning and Zoning Board members if they had any other questions for Mr. Alvarez because he needed to be -2- Council Special Meeting Minutes January 16, 1985 ,- o o ~ . excused, he has to go out of town this evening. No one had any questions for Mr. Alvarez and he left the meeting at 6:48 P.M. Chairman Bennington stated thatiin looking at the best use for'this land, maybe II nor B2 is the best use. Mayor Baugh asked Chairman Bennington and the Planning and Zoning Board members if they had any objections to leaving the area B2 and to redo the Ordinance con- cerning the Permitted Uses. A discussion then ensued concerning the type of businesses that pre- sently exist on these two streets and the problems that are arising due to the businesses not being permitted in the B2 zoning district. Mayor Baugh advised that he learned earlier that afternoon that the FEC has requested a meeting with Council concerning their intentions on the property they own off Park Avenue. He said that if they intend on pursuing this land for industrial purposes, it would be a much better place for these industrial businesses to go for noise problems. A discussion then ensued concerning the types of businesses that are allowed in this B2 zoned area. Mrs. Thomas said it was her opinion that the Planning and Zoning Board are to decide if a business is allowed to operate in a certain zone by what the Code states. If a business is allowed in a certain area and the Board approves of same aHd later on';that business is changed to something that does not comply with the Code, there is nothing the Board can do to stop that from happening. Everyone agreed with her and Councilman Asting said that that would be a violation of the zoning law and should be turned over to the Buildi~g Official. Chairman Don Bennington said that it is their job to approve site plans and put conditions or restrictions on same in order to see that the project complies with the Code; however, it is not the Board's job to see that the site plan is followed through, as approved. He further stated that when the Board finds that a project is not being done as it was supposed to have been done, they have been sending requests to the Building Official to have him check to see if any violations are being committed. Councilman Asting said if something is not done properly, that is not the Board's fault. It is not the Board's responsibility to see that the job is done right. That is the responsibility of the Code Enforcement Officer. At this time, 7:02 P.M., Mayor Baugh recessed the meeting to allow the Planning and Zoning Board to call their meeting to order. The meeting was called back to order at 7:03 P.M. Mayor Baugh asked whether or not the Planning and Qoning Board could see any problems with adding to the B2 Permitted Uses, rather than rezoning the entire area. He asked that the Board give Council a recommendation concerning amending this section of the Code. He suggested that they look at what is there now and add anything the Board felt would be compatible with the residential zoning. A quiet type business would be OK in this area. Councilman Asting said that the criteria should be that if a product is made from scratch to a finished product, it would be defined as industry. Something being repaired would not be considered industry. Councilman Inman suggested that the businesses that are in the area now should not be penalized, they should be grandfathered in. The Council and Board members both agreed that they would leave the zoning as it is and work on amending the Permitted Uses in the B2 zone to include some of the businesses that are presently operating in this area and whatever businesses the members feel should be in- cluded, by recommendation to Council of their determination of what is needed. Doris Massey, Chairman of the Industrial Board, stated that she was against people wanting to put in garages in the industrial zoned land - that it should not be allowed in there and should be put in the B2 zoned land. However, people are coming to the Board of Adjustments requesting a Special Exception to put these businesses in the industrial zoned land. She did not think they should be allowed to do that. -3- Council Special Meeting Minutes January 16, 1985 {.J o Councilman Neil Asting made a motion to deny the request from the Planning and Zoning Board to rezone the property on Guava and Hibiscus, presently zoned B2, from B2 to 11. Councilman Russell Prater seconded the motion. Motion CARRIED 5-0. Councilman James Inman made a motion that the Planning and Zoning Board review the Permitted Uses in the B2 zone and send a recommendation to Council of their suggestions on amending this section of the Code. Councilman Louis Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Neil Asting moved that the meeting be adjourned. Councilman James Inman seconded the motion. Meeting was adjourned at 7:18 P.M. Minutes submitted by: Susan Mista ~~ ~/ MAYOR ~ c~-~ 12~~tt ~,1l4;jD ~ I r. IteM ~' ,-'t { 6' COUNCIL~ - ZO~THREE 4: .R,~ / -.. r ~ I' ~n ~, "~C-- ~eouNcILMAN - ZONE FOUR .~ ,/ ~' ATTEST: MA -4- Council Special Meeting Minutes January 16~ 1985