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04-16-1974 C" \- o CITY OP ~DGZ7rAT~R 0 ZONING & PLANNING BOARD AprIill 16, 1974 PRESENT: JOHN BRITTINGHAM WILLIAM GLASER L.E. HARRIS JAMES MACKIE DAVID McCALLISTER ROBERT WOLFE VIILLIAlVI NICHOLS RATI~OND SH.~~BORA ABSENT: THOI~S LOVELAND(EXCUSED) DAVID WIGGINS ALSO ATTENDING: JOE WEAVER, SUE BLACKWELL, LILLIAN STRAUB, JOHN BEVEL, GENE HILSON, PAUL BIGGERSTAFF PRESENTATION: MR. BRITTINGHMA INTRODUCED MR. HILSON & MR. BIGGERSTAFF TO BOJR~. Mr. Hilson made presentation to the Board of the Maule property. He said that a road is needed to connect from Mango tree Dr. to New Smyrna Beach through their property. The area from the rail- road west to the area of this new road should then be classed as Industrial. The section along the railroad spur should also be lndustrial. The properties remaining should be later developed as residential with a buffer zone separating these zones. Mining in the residential area is planned if feasible and this in turn would create small lakes which would enhance this area. The zoning for this section would have to permit mining of the area until such time as it could be developed, possibly leaving it zoned Agricultural. He then said that the Industrial area should be left large enough to allow future expansion and encourage industries to move to Edgewater. He stated that Maule Ind. wants to find agreement with the City and to work together with the City for the future growth of same. In answer to question of size of their property Mr. Hilson said that approx. 350 acres was involved. He then said in conclusion that they asked that the zoning be flexible for this area to allow for future growth. Mr. Hilson departed meeting at this point. READING MINUTES: BOARD MEMBERS READ MINUTES FROM April 2, 1974 meeting. Motion made by Mr. McCallister to accept minutes as written. Second by Mr. Brittingham. Motion approved on voice vote. Question was asked by Ms. Blaclnvell about the Garage apartment request from Mrs. Robinson. Mr. Loveland had verified that the property was on Bigelow drive and the zoning was proper for this request. CORRESPONDENCE: Letter ~~~~~~-from City Clerk about Commercial zoning in the ]~ller Sub-division was discussed. REGULAR BUSSINESS: Chairman Wolfe asked for a motion to turn this matter- (Commercial zoning of Industrial Blv~d) to the Attormey to find out if a public hearing was held at the time (1962) the City rezoned this property. Joe said that someone must have been notified of the matter at that time as the records show that no objections were made from surrounding property owners. tIr. Weaver said also that we need to define the zones and provide a description of the area and put in an appendix covering each zone. Chairman Wolfe said that this description would only be by streets and not an exact legal description. l[r. McCallister said that administratively we could make these changes at a public hearing. Mr Mackie said that he thought we were going to hold public hearings on the portions which we feel are ready now and most likely to be accepted by public and then go on to the next portion. Chairman Wolfe stated that most of the map is complete except for the Maule property. Mr. McCallister Reg. Business Cont '"d:' o page 2. o said that we should discuss this section tonight. Discussion followed about this property about keeping area zoning contig- uous with zoning of area to north( NSB) and to west (county). Ms. Blackwell brought up the building permit request from Mr. Alton 1!'ontaine and asked whether a building permit should be issued. !!ir. Weaver again stated that the people must have been notified and the rezoning proper. Question was asked by Hr. Brittingham about the type of construction and the use of the building. Will the use comply with the proposed urd. Chair- man Wolfe said that it would have to comply with the new Ord. Mr. Shambora said that if we approve this now the City would not have the protection ot the new ordinance because Ord. 219 prevails at this time and will until the public hearing is held and new Ord. approved. Ms. Blackwell said that action is needed because the 60 day moritorium is up next Friday. Mr. Bevel made suggestion to Board that the Board write the City request- ing an extension of the moratorium. Motion was made by tIr. Mackie to Ylri te City requesting that the moratorium on building be extended until the new zoning ordinance and land use map is completed and public hearing held and approved. Second was made by Mr. Glaser Mr. Weaver said that it would take formal action by the City Council. Mrs. Blackwell said she will ask City for a special meeting to discuss this matter. Mr. McCall- ister asked if the Board was doing all it could to expidite this new zoning and land use map. Dhairman Wolfe stated that yes we were moving as fast as we could. Mr. Weaver said that that this action is really necessary and that if the City doesn't act on it the State would do it for us. Vote was then taken on the motion and motion carried 8-0. Mr. Nichols abstained. Mr. Weaver nointed out that abstentation should be recorded as a No vote so motion carried 8-1. Mr McCallister suggested that a set o~ rules be established for the Public Hearing to avoid confusion. Chairman Wolfe said that he would have a blank map of the city with overlays for each zoning class and will go from page one of the new zoning ordinance with the map to suit. Ms. Blackwell recommended the dates of May 22 to 24 for the public hearing as this would be earliest date in compliance with the advertising requirements. Chairman Wolfe said he will have colored maps available at vafious locations so the public will have an opportunity to see the proposed map prior to the public hearing. Mr. Weaver said that the fire code and sign ordinances should be incorporated in the new zoning ord. and also that the zoning class R-R-PUD needs to be discussed. He stated that Mr. Wolfe will have to run the meeting orderly and that every Board member's assistance will be neeessary. Chairman tiolfe said that he will enforce the 3 Minute Hule. Mr. Mackie recommended that the Board hold another meeting this month. The Board was polled and decided on Monday April 29th at 7:30 P1I. Discussion of Public Hearing date followed. It was felt that business could be completed in two meetings, May 22nd and May 23rd. No objections from Board on these dates. Ms. Blackwell was by Chairman Wolfe to ask for these dates for the Public Hearing. (insert instructed between was and by above). On issue of building permit for Mr. Fontaine Mr. Weaver recom- mended that this gentleman be informed that this Board requests ... REG. BUSINESS CON'T: o page 3 him to submlt a letter to the his property will be and that ~oard for its consideration. Board oU~ining what the use of a set of plans be presented to the Mr. McCallister questioned whether an architects drawing was going to be required for new construction in the City. Apparent- ly the county requires this stamp and he stated that he didn~t see that it was necessary in this City. Mr. Harris expressed a similar view and said if required that it would only drive up the price of new construction and wouldn't necessarily improve the quality of construction. Ms. Blacbvell was asked to fi~~ out if this stamp is required by the County. Mr. McCallister moved that we write a letter to the City Council requesting that we do not require an architect's stamp on residential house plans and that all commercial or industrial building plans be submitted to the Building Code Board to see if Architect's plans are necess- ary. We further recommend that all plans submitted to the Build- uode Board or the Board of Adjustments be drawn on a scale of not less than t inch equals 1 foot and that a set of specifications for the building be included. Secon to the motion made by r'JIr. Harris. Motion Approved 8-1. ( Mr. Nichols dissented) Mr. Nichols asked for an explanation of this Board of Adjustments. Sec. Shambora said that the Building Code Study Board upon comp- letion of its assignment will then become the Board of Adjust- ments for building code complaints or adjustments. Mr. Nichols then stated that he wished to change his vote to yes. Motion revised to read II Motion carried 9-0. There being no further discussion Mr. McCallister moved that the meeting adjourn. Second by Mr. Brittingham. Meeting adjourned at 9:35 PM. Respectfully submitted, '. r~ l' Raymond G. Shambora Secretary ~ 'l o o ZONING & PLANNING BOARD REGULAR MEETING HELD APRIL 16, 1974 The Zoning and Planning Board was called to order by Chairman Robert Wolfe at 7:00 P.M. Tuesday April 16, 1974. ROLL CALL John Brittinqham William Glaser L. E. Harris Thomas B. Loveland David Mc Callister James Mackie William Nichols Raymond Shambora David L. Wiggins Robert Wolfe Present Present Present Absent Present Present Present Present Present Present Mr. Wolfe stated that he would like John Brittingham to introduce his guest. Mr. Brittingham introduces Mr. Hilson to the board. Then they turned the floor over to Mr. Hilson. Mr. Nelson made His presentation to the board. He stated that if we have areas that will work together, and plan together, then we feel that the areas should be properly evaluated, presented to see if the City either excepts or rejects or give a suggestion to the modification. He made some suggestions as to the rezoning of Edgewater. APPROVAL OF MINUTES Mr. David Mc Callister made a motion to accept the minutes as typed, being seconded by Mr. John Brittingham. All in favor. COMMUNICATIONS Mr. Wolfe read a letter that all the members of this board received from Mrs. Blackwell. This was a variaace for certain property east of Industrial road and south of Marian Ave. Mr. Wolfe stated that we should ma~e a motion to give this to the City Attorney to find out if there was a public hearing or a zoning passed on this, if not it is in violation. City Attorney WEaver stated that he thinks that we can handle this problem at a public hearing. The City Clerk stated that it is in t~e mi~utes where ~hey rezoned this property to industrial, the man lS gOlng to come an and want a permit. This property is on Industrial Road. The letter states that there were no objections from the adjoining property owners. So your going to have to assume that there was a notice. Mr. Wolfe stated that the only thisg that we can do is to let the City Clerk go ahead and tell t~is man that he can get his building permit and then let the Clty handle the problem, because it doesnt fall under our catagory. -1- ~ ~. o o The City Clerk stated that when they start seeing buildings going up~ that is because their 60 day moritorium is up on Friday. Mr. Mackie made a motion that the moritorium on building be extended until the new zoning ordinance and land use map is completed and a public hearing held~ being seconded by Mr. Glaser, One voted NO, the rest voted for. Motion passes. The Zoning & Planning Baord decided to hold their public hearing May 22 & 23. They also decided that they would hold another meeting in April which would be Tuesday April 29th. This will give them two meetings before the public hearings. Mr. Mc Callister made a motion that we write a letter to the City Council requesting that we do not require an architect stamp on residential plans and that all commercial building plans be submitted to the Building Code Board to see if architect plans are required~ all plans presented to the Building Code Board be of a scale not less than one quarter inch per foot and that specifications be included, being seconded by Mr. Harris. There was an 8 to 1 vote, motion carried. Mr. Mc Callister made a motion that this meeting be adjourned being seconded by Mr. Harris. All in favor. -2-