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09-19-1979 Special ~ru ~ CITY OF EDGEWATER u ZONING BOARD SPECIAL MEETING SEPTEMBER 19, 1979 Mr. Mackie called the special meeting to order at 1:28 p.m. in the Edgewater City Hall. ROLL CALL Hr. Hackie Present Also Present: Hr. Engle Present Hr. Wheeler Present Hr. Diamond Hr. Siciliano Present Ms. Conrey Mr. Opal Present Hr. Cole Mr. Troian Present Ms. Mullin Hr. Bowser Excused NEW BUSINESS Daycare Centers in B-3 District, ,City of Edgewater Mr. Mackie asked Hs. Elaine Conrey to speak to the members pertaining to a proposed daycare center, for which she applied. Hs. Conrey explained the County regulations pertaining to daycare centers. Twenty square feet (20 sq. feet) for one-half of the children is needed on the inside, and 45 sq. feet is needed on the outside. She stated that the proposed center has 800 sq. feet or more. The Board discussed access to the Sea Horse Mobile Park as related to the proposed daycare center and recommended that a fence would be necessary for the safety of the children; also medical facilities, etc. would be needed. Ms. Gloria Mullin, new owner of the Sea Horse, explained the access to the proposed center. She assured the members of the children's safety. The question was brought up as to how licenses are obtained for centers operating in the city? I I - t Mr. Diamond stated that a license is necessary from the city. The license for the one operating in the city was obtained through an interpretation of the special exceptions in R-5 and Ordinance" 925, which allows residential and commercial districts. However, it does not specify what type of residential. ./' Mr. Diamond explained that an ammendment to the 880 Ordinance would be required to allow daycare centers in B-3 zone. Mr. Mackie recommended that the Board write to the City Council, in- structing them that the Building Official should not issue any license covering the City unless it is exactly stipulated in the ordinance. He said he had no objections to daycare centers; however, there would be more meetings necessary to decide and adopt standards after examining Volusia County's regulations. Mr. Opal moved to table the request until the Board could study the County regulations. Hr. Wheeler seconded the motion. MOTION CARRIED 5-1. Mr. Engle voted NO. Request for Duplexes by Doug Cole Hr. Cole explained that the property proposed for duplexes is East of Gas Light Square, at the extension of Juniper. Mr. Diamond said that the property was zoned differently in parts. - 1 - u u One part is zoned FPL: another part is I-I. are R2B, R-IB and R-4. The surrounding areas Mr. Opal asked what the original zoning was? Mr. Mackie explained that the zoning was not clear or distinct. Mr. Diamond showed a sketch from the tax records. Since the legal descriptions overlapped, he asked Mr. Cole to furnish the deed to clarify same. Mr. Mackie asked Mr. Cole if his property can comply with the R-4 requirements? Mr. Cole stated that he proposes to divide the parcels into lots of 10,000 square feet each (lOO)x 100'). Mr. Diamond said there were some single-family homes around the property, Florida Power & Light on another side and some existing Gas Light duplexes. He also stated that R-4 requires 110' and Mr. Cole has 100'. Mr. Siciliano said that the only discrepancy he could see so far is the 10' difference in the depth of the lots. Mr. Troian questioned if the property was to be zoned R-4, would Mr. Cole have to go for a variance? Mr. Mackie stated that R-4 multi-family district in the ordinance calls for 8,250 sq. feet; depth lID' and width 75'. Mr. Cole's property is, therefore, 25' wider in the front and 10 feet shy in the rear, but still 10,000 sq. feet. Mr. Siciliano said that in his opinion, there is no problem to the re-zoning of this property. He agreed with Mr. Engle that the whole area has already been improved substantially. Mr. Troian made a motion that the request for duplexes by Doug Cole be approved. Mr. Siciliano seconded the motion. MOTION CARRIED 6-0. At this time, Mr. Cole left the meeting. R-3B District to R-2B Mr. Mackie explained that both districts have the same size lots and setbacks, with one difference. Mr. Diamond said that the difference is: one says a minimum of 10 feet on the side yard, and the other says 10% of the total width of the side yard to a minimum of 10 feet. The same setbacks are required for corner lots. Mr. Siciliano made a motion to change all R-3B zoning districts to R-2B. Mr. Wheeler seconded the motion. MOTION CARRIED 6-0. Multi-family in Commercial Districts Mr. Mackie explained that the 880 Ordinance stipulates that in zones Bl to B6, you can have residential but does not say what residential is and requires 800 sq. feet. The Board discussed deleting the 800 sq. feet requirement and bring in muli-family with height restric- tions in the commercial districts. Mr. Siciliano made the motion to allow muli-family uses, as per the R-4 District to B-2, B-3, B-4 and B-6, as a special exception. Structures shall have a height limit of two stories t~~ maximum of 26'. Mr. Wheeler seconded the motion. MOTION CARRIED 6-0. - 2 - ~ (j Density - Height of Structures CJ Mr. Diamond summarized the height requirements of Ordinance 880. There was a lengthy discussion about appropriate height standards for the zoning districts. Mr. Siciliano made a motion to change height restrictions as follows: 1. 1-1 thru 1-3: two stories, maximum height to 26' Heights above two stories or 26' maximum height to be added to 1-1 thru 1-3, as a special exception 2. B-4 District: Maximum of four stories 3. B-2 District: " "two stories to maximum of 26' 4. R-4 District: Two stories to a maximum of 26' 5. R-5 District: Four stories 6. R-5A District: Four stories Mr. Wheeler seconded the motion. MOTION CARRIED 6-0. Mr. Diamond is to prepare a letter to the Council with rationale for changes to present to the Zoning Board at their next meeting. Unclassified Districts Mr. Mackie described these districts as Florida Power & Light, agricultural, church, cemetery and school. Mr. Siciliano questioned the legal description of City Hall. Mr. Diamond said that it is not zoned in the legal descriptions, but rather it is zoned as "City Hall". He further said that in the future, they should look into city facilities and churches for the appropriate districts. Mr. Siciliano asked if the Board couldn't zone these areas into a special district since they are not even mentioned or zoned in the ordinance? Mr. Diamond said he thought it would be best to zone into a district that already exists. The Board could exercise some control over these uses if we list them as special exceptions, or as permitted uses in commercial areas if the Board thought that appropriate. Mr. Troian asked about the control the city has over the cemetery as far as markers and masoleums? Mr. Diamond replied that the city has no specific zoning there. He said that at present, schools are allowed as a special exception in R-l, R-1A, R-1B, R-2, R-2A and R-3. R-5 has churches as a special exception, as does R-5A. Mr. Troian then asked why all three couldn't be put in a special exception category? Mr. Diamond answered that could be done. They could be put in a district, zoned multi-family with cemeteries and churches as special exception, for example. (Mr. Wheeler was excused at this time, 3:50 p.m., from the meeting). There was a lengthy discussion of the cemetery and adjoining school property. Mr. Siciliano made a motion to table action on these unclassified districts until the alternatives could be studied further. Mr. Engle seconded the motion. MOTION CARRIED 6-0. Board Comments Mr. Opal questioned why the Board acted on re-zoning the Rankin property, considering they did not have the proper map? He said that the lawyer, Judson Woods, told the Council that the annexation was illegal because it established an enclave. - 3 - u Q Mr. Diamond replied that he assumed that the lawyer looked at the map and that the Board acted promptly on what was required of them. ( Mr. Mackie said that the City Council handed the Rankin property annexation to the Zoning Board, and the only map the Board had was the existing one. No other map was given them. He said that the next time they get an annexation, they should have copies of all available maps beforehand. Mr. Siciliano said that he thought the Board's letter should have been rescinded and discussed again. Mr. Engle stated that he thought they had the best evidence available. Mr. Engle made a motion to adjourn. MOTION CARRIED 6-0. Mr. Troian seconded the motion. Meeting adjourned. Minutes submitted by: Richard Diamond Phyllis Pernice - 4 - I mitt! of 1.EbgtlUatt~ POST OFFICE BOX 100 EDGEWATER, FLORIDA 32032 TO: Mayor and City Council FROM: Zoning Board The following recommendation of the Zoning Board have been approved by the Council: Change parking spaces for all multi-family zoning districts from l~ to two spaces. (Arti~le VII, Section 700.01 (e)) per Council meeting June 18, 1979. Mobile Home Parks rezoned to MH-S per Council meeting August 18, 1979. Zoning change application fee from $50.00 to $100.00 per Council meeting July 9, 1979. These additional recommendations are being submitted to the Council for approval. Change B-5, Planned Shopping Center Zoning District, to B-3, Highway Business, from Pearl Street to Old County Road to Park Avenue, to U.S. 1 and add as permitted use in B-3, pet grooming and supplies (no overnight boarding, no kennels) Honey Products Rental and Leasing of tools, equipment, machinery and supplies for industry, business, household use and recreational use. Add as a permitted use in B-2, which is neighborhood business Zoning District, Auto tune up and Front End Alignment. We would also like to add the definition for a Model Home to the 880 Ordinance. Model Home can be built in a res ide n t i a 1 are a solon gas i t con t a ins .f'l'V -E~l1:~t",~,~;~~, 1l'Q. .~1 [D ~1~, not e 1 e p h 0 n e, des k set c .. (0 f fie e ), 0 pen d u r i n g J . d~ylight hours. The size of the Model Home sign should conform with the. sign Ordinance. The Zoning Board requests that the Council set a date for a Public Hearing on all of the above Zoning Changes at the Councils' earliest convenience after the budget 1979- 1980 has been adopted. Sincerely, (2~J~ )17, /7)M/4~i: ~~~~-~. Mackie, Jr. -C h air man JI'~M/dp I (' t'lT'J 9f EDG.EW~TE.R RacuVED ((it!, of (fbgett1atet Volusia County, Florida 32032 Post Office Box 100 BYr-:' .' ~ "5 "1919 ~..'i "I"':-_i.~~ _ ~. , "".' It,-I ,/0 , , .,. Address reply to: ~ Post Office Box 928 Edgewater, FL 32032 August 30, 1979 Mrs. Nancy Blazi Deputy City Clerk Edgewater City Hall P.O. Box 100 Edgewater, FL 32032 Dear Nancy: I am enclosing a copy of the proposed advertisement for the news- paper. Please be sure and have the paper insert a map showing the change on the B-5 to B-3. I am sure you are already familiar with the Florida Statute, but the requirement for the advertisement is contained in F.S. 166.041(c) (2) (b). If you have any questions, please do not hesitate to contact me. Jr. JIW,Jr./jrnm Enclosure ) , . .. ' .. NOTICE OF PROPOSED ZONING CHANGES The City of Edgewater, Florida, proposes to enact the following changes to its Zoning Ordinance: r~ , 1 . Incref.se.. the J Zoning Districts required number of parking spaces for all Multi-family from the present one and one-half (~ 1/2) spaces to ^~~ .two (2) spaces. if' (]) 2. Establishing a new Mobile Horne Zoning District to be known as MH-S, and-by~ncluding_cer~ain existing mobile home parks in said MH~S Zoning ~ District.~ ,/~ ~ 3. Arnend-ing-S e e t-:i:: en-l 1 0 4-. 00- by- Increasing the application fees for ~ changes to the Zoning Ordinance. U~-I-o t2d~d h~~iI~/ )~ Changing the present B-S(l Planned Shopping Center Zoning District to the B-3, Highway Service Business District. :1' 5. By adding as permitted uses in the B-3, Highway Service Business District: Pet grooming and supplies (no overnight boarding and no vi kennels); Honey products; Rental and leasing of tools, equipment, machinery and supplies for industry, business, household use and recreational use" wY"A. tJ..-~h.' J. ~-<,....C~ ~t"--t~L (V\- -c::{ .::;IJ (! C'.-v-..~~ ,~ -/ ,~/ 1 ~ {A. _ r; ~ . . 1':.' { .tVf~ .t .I'r . /!. i c? {"A..h o-?~;'u"'." ( ( tv:. Arne~ding the B-2, Ne~ghbOrhOod Business District, ~o-pF0~~de- ~or Kutomoblle tune ups and~ront end alignment as addi~ad permitted ~ uses. ~lr' 7. ~ providing for a definition for a Model Horne. // A public hearing on the proposed changes to the Edgewater Zoning Ordinance will be held on and , at the Edgewater Community Center at p.m. I -I