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10-02-1979 8 8 ~7~ CITY OF EDGEWATER ZONING BOARD REGULAR MEETING OCTOBER 2, 1979 Mr. Mackie called the meeting to order at 7:30 p.m. in the Edgewater City Hall. ROLL CALL Mr. Mackie Nr. Siciliano Mr. Engle Mr. Opal Mr. Troian Mr. Wheeler Mr. Bowser Present Present Present Present Present Present Excused Also Present: Richard Diamond Mr. and Mrs. Conrey Mr. Barnes Mr. Bradley Mr. Siciliano made a motion to accept the minutes of September 11, 1979. Mr. Wheeler seconded the motion. Mr. Siciliano asked about the information about grandfathered businesses. He was told that a letter had been sent to the City Attorney requesting this information. Upon roll call, the MOTION CARRIED 6-0. Mr. Siciliano made a motion to accept the minutes of September 19, 1979. Mr. Wheeler seconded the motion. Mr. Siciliano asked about height requirements. Mr. Diamond said that would be discussed later in the agenda. Upon roll call, the MOTION CARRIED 6-0. CORRESPONDENCE Building Official: In reference to the letter from the Zoning Board regarding a complaint from Mr. John Wharton, 1531 S. Riverside Drive, Mr. Murphy has responded and told the Board that there was no viola- tion of the Zoning Ordinance. Mr. Siciliano made a motion that the Zoning Board notify Mr. Wharton of this decision by the Building Official. Mr. Engle seconded the motion. Upon roll call, the MOTION CARRIED 6-0. OLD BUSINESS Day Care Center The Zoning Board discussed adding nursery schools and day care centers as a special exception in the B-3 Highway Business District. There was a discussion about the requirements already listed under R-s and R-sA. Mr. Opal wanted to know if there was an application for a zoning change from Mrs. Conrey who wants to open up a day care center in Edgewater? Mr. Diamond said that in view of the fact that least one day care center had already received a license to operate in the B-3 zone, even though this is not a permitted use in B-3, it is his understanding that the Zoning Board wishes to prevent any future problems by correcting this and adding day care centers and nurseries as a special 8 8 exception in B-3. Mr. Siciliano made a motion that the Zoning Board recommend that nursery schools and day care centers be added as a special ex- ception in B-3 following the same specifications under R-S and R-SA, and that the latest county health rules shall prevail. Mr. Engle seconded the motion. Mrs. Conrey asked how long this procedure would take? Mr. Mackie said that the recommendation would have to go to the Council for a Public Hearing. There are two Public Hearings for zoning changes at least two weeks apart; then if the recommendation passes, an ordinance is written which also takes from two to three weeks to pass. Mrs. Conrey would then have to apply to the Board of Adjustment for the special exception which would also take from four to six weeks for the complete procedure. Mrs. Conrey said she didn't understand how someone else could open up a day care center on U.S.l and be in operation in a couple of weeks time, and she would have to wait two or three months. Mr. Mackie said that the Zoning Board was trying to correct an error and prevent this from happening in the future. Upon roll call, the MOTION CARRIED 6-0. Site Plan Review - Doug Cole The Zoning Board has already voted to rezone Mr. Cole's property to R-4. Mr. Cole presented a site plan for this property. Mr. Diamond said that it might possibly have to be presented as a subdivision. He will get with Mr. Cole to check on the recording of this property. Mr. Opal made a motion that the Zoning Board accept Mr. Cole's site plan. Mr. Troian seconded the motion. Upon roll call, the MOTION CARRIED 6-0. (letter to Council) Letter to Council recommending certain changes Mr. Diamond read a letter he had prepared requesting certain zoning changes. Mr. Siciliano made a motion that the Zoning Board approve this letter from Mr. Diamond and send it to the Council. Mr. Wheeler seconded the motion. Upon roll call, the MOTION CARRIED 6-0. Unclassified Districts Mr. Mackie said that the Board would hold this for a few minutes and talk to Mr. Barnes regarding his request for a special exception. Mr. Barnes has applied for a special exception to build a fence at the south corner of his business on U.S.l for the purpose of outdoor display and storage of concrete products (birdbaths, tables, chairs,etc.) There was some discussion concerning the type of fence required. Mr. Barnes said he would like a chain link fence so that the items he wishes to sell would be visible from the highway. Mr. Opal made a motion that the Zoning Board notify the Board of Adjustment that they approve this special exception and that a chain link fence should be allowed. Mr. Wheeler seconded the motion. Upon roll call, the MOTION CARRIED 6-0. (This request now goes to the Planning Board and then to the Board of Adjustment). The Board returned back to the discussion of the unclassified areas of the City. Mr. Diamond said that the Zoning Board should classify by zone all property within the corporate limits of the City of Edgewater. The Board discussed these areas. - 2 - 8 o u Mr. Siciliano made a motion that the area presently zoned agriculture be zoned I-3 (Industrial Park). This area is located north of Park Avenue and west of property presently zoned I-3. Mr. Engle seconded the motion. Upon roll call, the MOTION CARRIED 6-0. Mr. Siciliano made a motion that the area south of Park Avenue and west of Mango Tree Drive be zoned Conservation. Mr. Engle seconded the motion. Upon roll call, the MOTION CARRIED 6-0. Mr. Opal made a motion that the area west of U.S.l east of the rail- road track and south of Ocean Avenue (where the cemetery and county school is located) be zoned R-5, adding public schools as a special exception, using the standards set in R-3 zoning. Mr. Wheeler seconded the motion. Upon roll call, the MOTION CARRIED 6-0. Mr. Wheeler made a motion that the area known as 16th Street west of the railroad) be zoned R-4. seconded the motion. Upon roll call, the MOTION FPL (located on Mr. Siciliano CARRIED 6-0. Mr. Mackie asked the Board to change the agenda and talk with Mr. Bradley who was waiting to speak to the Board. Mr. Bradley wishes to move some machinery to the Boat and fuat Trailer sales and service business (Redding's Marina). The purpose of this machinery would be to repair and remake marine parts for repair and replacement on boats. The Zoning Board told Mr. Bradley that they could see no reason why he couldn't get a license if he limited any machine work to marine parts and service. NEW BUSINESS Mr. Barnes - the Board spoke with Mr. Barnes earlier in the meeting. Rezoning Halifax Roof Truss - this is covered by changing the agri- culture zone to I-3 above. This business will remain an illegal non-conforming use. Lone Star- also covered by allowing the area to remain I-3. business will also remain non-conforming. This Site Plan Approval for commercial and multi-family projects of 2 acres or more. Mr. Diamond pointed out to the Board that there does not seem to be any section in Ordinance 880 that gives the Zoning Board the authority to examine site plans for this type of building. The shopping center is a good example. The Zoning Board should .be able to review larger building sites to protect the City by making sure that this type of building or buildings would meet criteria for density, traffic, access, parking, etc. Mr. Opal made a motion that the Board recommend adding an amendment to Section 715.02: "Notwithstanding rezoning, the above site plan, approval will be necessary prior to issuance of all building permits in the multi-family, commercial and industrial districts listed in Section 715.02". Mr. Wheeler seconded the motion. Upon roll call, the MOTION CARRIED 6-0. (Above zoning changes will be incorporated in letter to Council requesting they be added to previous recommendations for zoning changes and that the Council set a Public Hearing on October 29). Mr. Engle made a motion to adjourn. MOTION CARRIED 6-0. Mr. Opal seconded the motion. The meeting was adjourned. - 3 - Minutes submitted by: Richard Diamond Nancy Blazi 1011(11 8 (D 8 ZONING BOARD ROLL CALL Mr. Mackie Mr. Siciliano Mr. Engle Mr. Opal ,Mr. Troian Mr. Wheeler Mr. Bowser - Excused Also present: Richard Diamond Mr. and Mrs. Conrey Mr. Barnes Mr. Bradley Minutes: Mr. Siciliano made a motion to accept the minutes of Se~t. 11, 1979 Mr. Wheeler seconded the motion. Mr. Siciliano asked about the information about qrandfathered businesses. He was told that ~a':letter had been sent to the City Attorney requesting this information. Upon roll call the motion CARRIED 6-0. Mr. Siciliano made a motion to accent the minutes of Sept. 19, 1979. Mr. Wheeler seconded the motion. ' Mr. Siciliano asked about height requirements. Mr. Diamond said that would be discussed later in the agenda. Upon roll call the motion CARRIED 6-0. CORRESPONDENCE Building Official: In reference to the letter from the Zonina Board regarding a complaint from Mr. John Wharton, 1531 S. Riverside Drive. Mr. Murphy has responded and told the Board that there was no violation of the Zoning Ordinance. Mr. Siciliano made a motion that the Zoninq Board notify Mr. Wharton of this decision by the Building Official. - Mr. Engle seconded the motion. Upon roll call the motion CARRIED 6-0. OLD BUSINESS 'Day Care Center The Zoning Board discussed adding nursery schools and day care centers as a special exception in the B-3 Highway Business District. There was a discussion about the requirements already listed under R-5 and R-5A. Mr. Opal wanted to know if there was an application for a zoning change from Mrs. Conrey who wants to open up a day care center in Edgewater. Mr. Di~mond said that in view of the fact that at least one day care center had already received a license to ooerate in the B-3 Zone even though this is not a oermitted use in B-3,.the Zoning Board wishes to prevent any future problems by correcting tris and adding day care c e n t e r san d n u r s e r i e s a s a s 0 e cia 1 e x c e p t ion i' n B-3. :t: her e f 9 r t:l , -D 0 ap.p-l-H;.a t ion 'AJ 0 II 1 d b e n e c e s s a r y a t t bj.s_t.i.me-s i r Il. e-M~C'"O'"i1"'r-ey-;-s-n"'o.t riLquestiDg a 70ning cheDge. ,/;;h ~"f-~ -pL..:1 ~8 8 ~ Mr. Siciliano made a motion that the Zoning Board recommend that nursery schools and day care centers be added as a special exception in B-3 following the same specifications under R-5 and R-5A and that the latest county health rules shall prevail. Mr. Engle seconded ~the motion. Mrs. Conrey asked how long this procedure would take. Mr. Mackie said that the recommendation would have to go to the Council for a Public Hearing. There are two Public Hearin~s for zoning changes at least two weeks anart, then if the recommendation oasses, an ordinance is written which also takes from two to three weeks to pass. Mrs. Conrey would then have to apply to the Board of Adjustment for the special exception which would also take from four to six weeks for the complete procedure. Mrs. Conrey said she didn't understand how someone else could open up a day care center on U.S. 1 and be in operation in a couple of weeks time and she was going to have to wait two or three months. Mr. Mackie said that the Zoning Board was trying to correct an error and prevent this from happening in the future. Upon roll call the motion CARRIED 6-0. Site Plan Review - Doug Cole The Zoning Board has already voted to rezone Mr. Cole's property to R-4. Mr. Cole presented a site plan for this oroperty. Mr. Diamond said that it might possibly have to be presented as a subdivision. He will get with Mr. Cole to check on the recording of this property. Mr. Opal made a motion that the Zoning Board accept Mr. Cole's site plan. Mr. Troian seconded the motion. Upon roll call the motion CARRIED 6-0. (letter to Council) Letter to Council recommending certain chan~es: Mr. Diamond read a letter he had prepared reouesting certain zoning changes. Mr. Siciliano made a motion that the Zoning Board approve this letter from Mr. Diamond and send it to the Council. Mr. Wheeler seconded the motion. Upon roll call the motion CARRIED 6-0. 'Unclassified Districts Mr. Mackie said that the Board would hold this for a few minutes and talk to Mr. Barnes regarding his request for a special exception. Mr. Barnes has applied for a special exception to build a fence at the south corner of his business on U.S. 1 for the purpose of outdoor display and storage of concrete products (birdbaths, tables, chairs, etc.) There was some discussion concerning the type of fence required. Mr. Barnes said he would like a chain link fence so that the items he wishes . to sell would be vis6ble from the highway. Mr. Opal made a motion that the Zoning Board notify the Board of Adjustment that they approve this special exception and that a chain link fence should be allowed. Mr. Wheeler seconded the motion. Upon roll call the motion CARRIED 6-0. (This request now goes to the Planning Bd. and then to the Board of Adjustment) . The Board returned back to the discussion of the unclassified areas of the City. Mr. Diamond said that the Zoninq Board should classify by zone all property within the corporate limits of the City of Edgewater. The Board discussed these areas. (j) 8 8 Mr. Siciliano made a motion that the area presently zoned agriculture be zoned 1-3 (Industrial Park). This area is located north of Park Ave. and west of property presently zoned 1-3. Mr. Engle seconded the motion. Upon roll call the motion CARRIED 6-0. that the area south of Park Ave. and zoned Conservation. Mr. Engle seconded the motion CARRIED 6-0. . ( ~'1.l,rt Mr. Opal made a motion that the area west of U.S. 1 east of the rr track and south of Ocean Ave. (where the cemetEry and county school is located) be zoned R-5 adding public schools as a special exception using the standards set in R-3 zoning. Mr. Wheeler seconded the motion. Upon ~ roll call the motion CARRIED 6-0. ~' -' ~ 1(,:11l $1- Mr. W h eel e r mad e a mot ion t hat the are a ( ~ 0 cat er k now n as F P b e ~ 1 zoned R-4. Mr. Sicil iano seconded the motion. Upon roll call the ~~, motion CARRIED 6-0. ~ Mr. Siciliano made a motion west of Mango Tree Drive be the motion. Upon roll call Mr. Mackie asked the Board to change the agenda and talk with Mr. Bradley who was waiting to speak to the Board. Mr. Bradley wishes to move some machinery to the Boat and Boat Trailer sales and service business (Redding's Marina) The purpose of this machinery would be to repair and remake marine parts for repair and replacement on boats. The Zoning Board told Mr. Bradley that they could see no reason why he couldn't get a license if he limited any machine work to marine parts and service. "NEH BUSINESS Mr. Barnes - the Board spoke with Mr. Barnes earlier in the meeting. Rezoning Halifax Roof truss - this is covered by changing the a 9 r i c u 1 t u r e z 0 net 0 I - 3. ... ~ ~ i s bus i n e s s" non - con form i n 9 ~"';;~ ~ ~ u4 ~~;11o&AP ~.. Lone Star - also covered by allowing the area to remai~'I-3.~ Th i s bus i n e s %t ~ n ? n - con for m i n 9 . *-11 t' . II f ~ Site Plan A~oval~commercial and multi family projects of 2 acres or more. Mr. Diamond pointed out to the Board that there does not seem to be any section in Ord. 880 that gives the Zoning Board the authority to examine site plans for this type of building. The shopping center is a good example. The Zoning Board should be able to review larger building sites to protect the City by making sure that this type of building or buildings would meet criteria for density, traffic, ~ ~ ( ;f j " ; R.... f ~8.!LB.j~.~e.~B:I~"rur } 'hP-v~".-I- '- "r (/).~. Mr. Opal made a motion that the Board recommend adding an amendment to See t ion 715. 02: II ~o t wit h s tan din g r e z 0 n i n 9 ) the a b 0 v e sit e p 1 a ~. ~ t?nutt:: approval will be necessary prior to issuance ofa!\building perm,tJ.ItV X. Mr. Wheel er seconded the motion. Uron roll call the motion CARRIED. 6-0. 1 (Above zoning changes will be incorporated in letter to Council ~ requesting they be added to previous recommendations for zoning changes 1 and that the Council set a Public Hearing on Oct. 29) Mr. Engle made a motion to adjourn. Mr. Opal seconded the motion. jl}Jhe meeting was adjourned. ~~t, ~ h I ~)' I '" I