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01-02-1979 . .1t , ~rv~LO o CITY OF EDGEWATER ZONING BOARD REGULAR MEETING January 2, 1979 Mr. James Mackie, Chairman, called the reqular meetinq of the Zoning Board to order at 7:33 P,M. in Cit~ Hall. " ROLL CALL James Mackie James Engle Sebastian Siciliano Frank Opal M. F. ~Jheeler ~lohn Gross, Sr. Clair Bowser Present Absent Present Present Present Present Present Also Present: Richard Diamond, City Planner Harold Brown, Sr. Mrs. Mackie APPROVAL OF MINUTES Mr. Opal made a motion to review the B-2 Zoning under 880 and 979, since he did not agree with Mr. Diamond's comments regarding that district as noted in the minutes of December 5, 1978. Mr. Wheeler seconded the motion. Mr. Diamond said that they zone part of a district to different name. You can't part of a district and not district. rezoned only part of B-2. You cannot be something unless you give it a have a permitted use allowed in one allowed in another part of that same Mr. Mackie said that if we are qoinq to maintain that in the ordinance, we will have to give it a different~classification, possibly B-2A which we discussed. Upon roll call, the motion to review B-2 zoning passed 6-0. The Board requested that Mr. Diamond check with the City Attorney concerning the validity of Ordinance 979. They will discuss this at the next regular Board meeting. Mr. Siciliano made a motion that the Board accept the minutes of the December 5, 1978 meeting. Mr. Wheeler seconded the motion. Upon roll call the motion CARRIED 6-0. P.U.D. (Mr. Caldwell's property) Mr. Diamond informed the Board that the City Attorney has advised that Mr. Caldwell's property would have to be rezoned from PUD in order that the procedures of 880 could be followed to determine the proper density allowed. Mr. Wheeler made a motion that the Caldwell orooertv be rezoned to R-1 because PUD is not compatible with the s~rr~und~ng uses. Mr. Opal seconded the motion. Mr. Diamond advised that the Board should rezone the property, . based on the City Attorney's opinion and not act at this time to deny the request for a PUD development. Mr. Mackie said that he wondered if the City had given any more extensions on this property. ; . ~ o Q Mr. Diamond said that as far as he could find out there was no extension period in effect. The motion to rezone the property R-1 CARRIED 6-0. Mr. Diamond suggested that the Board should hold a pub~ic hearing to rezone the property. Mr. Opal made a motion that the Zoning Board hold a Dublic hearing to rezone the property to R-1. The hearing would be held at such a time to give sufficient legal notice. Mr. Siciliano seconded the motion. The motion CARRIED 6-0. Mr. Diamond will notify the Board of the date of the public hearing. Subdivision Ordinance Mr. Diamond said the the draft of the sub-division ordinance has been re-typed with all the recommended changes. This draft will be ready for final review tomorrow. He suggested that the Board hold another workshop to go over the final draft. The Board agreed to meet on Thursday, January 4, 1979 at 2:00 P.M. to review the final draft. By-Laws Review Mr. Diamond distributed a draft of new by-laws for the consideration of the Board. The Board agreed to review the new by-laws and discuss them at the next regular meeting. Council letter re: Car dealers in B-3 , Mr. Mackie said that the Board had recieved a letter from the City Council concerning a request from Mr. Harold Brown, Sr. for a used car lot. Mr. Diamond read the letter to the Zoning Board. The Council stated: At the present time, it is necessary to get a special exception from the Board of Adjustments to obtain a license to operate a used car lot. The same process would be necessary if anyone desired to open up a new car dealership in Edgewater. The special exception, under B-3, is not clear because it deals with fences required and states that mobile home sales and the sale of operative automobiles are excluded. Mobile home sales are permitted in B-3 but not the sale of operative automobiles. It has been requested that automobile sales be made a permitted use in B-3. The Council would like the Zoning Board to study this situation and make their recommendation whether or not auto- mobile sales (new and/or used cars) be made a oermitted use in B-3 and what, if any, conditions might be placed on the sale of automobiles, if it is made a permitted use. The Council will hold any action on this subject until they have heard from the Zoning Board. Mr. Brown had stated, in a letter to the Council, that he could not understand why a variance is necessary to sell used cars in a commercial B-3 zone. He questioned where used car sales were allowed in the City. Mr. Brown said that his interpretation of the B-3 zoning ordinance was that used cars are included. He did not understand why boats, trailers and mobile home sales were permitted and not the sale of automobiles. Mr. Diamond read from the B-3 Zoning permitted uses and special exceptions. 2 # . o o Mr. Diamond also read the criteria that must be met for a special exception. Mr. Mackie said that the reason used car lots were put under special exceptions was so that the City would have some control over this type of business. Too often, in the past, used car lots have turned into junk car lots. Regardless of what the City sets up as regulations for a used car lot, it is necessary to get a State license. Mr. Brown told the Board that he could not understand why boats and trailers are permitted use and cars are not permitted use. Mr. Mackie said that the City does not want a used car lot on every corner of the highway just because it is a business zone. The Board discussed the problem of used car lots. Mr. Mackie told Mr. Brown that he could wait until the Board made their recommendations to the Council and after that there would have to be a public hearing and an amendment passed to Ordinance 880. If Mr. Brown did not want to wait he does have the option of going through the Board of Adjustments to get a special exception. The Board agreed that the wording of the special exception paragraph of B-3 District in Ordinance 880 was confusing and that there were inconsistancies because mobile home sales and boats and trailers were allowed in B-3 as permitted uses. Mr. Diamond said that the City had requested a recommendation from the Board on whether or not used and/or new car sales should be made a permitted use in B-3. The Board agreed that they did not want to take something away from special exception because there was a good reason why it was there. It would be better to make the special exceptions more equitable by adding boats, trailers and mobile home sales. Mr. Siciliano made a motion that the Board recommend that used car and new car sales be left as a special exception and that boats, motor and boat trailer sales and service, mobile home sales and car washes be added to the special exceptions. The wording should be: Special Exceptions: Outdoor display or storage of equipment or material provided that in the interest of safety to children and adjacent property owners, outdoor storage sales will be encompassed by a fence or wall at least six (6) feet high; the bottom four feet being solid and the top two feet being open. Outdoor display, storage or sale of operative automobiles, boats, motor and boat trailer sales and service; car washes; mobile home sales; provided that an appropriate opaque fence or plant materials be provided to screen adjacent properties, where deemed appropriate. The motion was seconded by Mr. Opal. There was a long discussion about what types of business might be added to the special exceptions. Upon roll call the motion CARRIED 6-0. Council letter concerning Home Occupational Licenses The City Council has requested that the Zoning Board and the Planning Board come up with the criteria to separate commercial or business from residential areas and to review the Home Occupational licenses in the residential areas. 3 .. ~ . o o Mr. Mackie said that in going over the list of occupational licenses they have found that many of them use Dost office boxes as a mailing address. They are supposed to give the name of the business, the place of business and the home address. When only a post office box is listed, it is not possible to tell whether the license is for a business being operated in a residential zone. We need to check more carefully into the list of home occupational licenses that have been issued. You are not supposed to run a commercial business in your home on an occupational license. You must apply for a home occupational license. The Board discussed some possible businesses that appear to be operating illegally within the City. Mr. Diamond read from Ordinance 972 which defines "Home Occupation". He also referred to Ordinance 1001 that specifies that the City Council must approve all Home Occupational Licenses. The Board discussed the various types of Home Occupational Licenses. Mr. Diamond said that actually the Zoning Board does not have anything to do with licenses. However, the Zoning Board was responsible for the ordinance. The Boards may want to check over the ordinance and see if it covers everything that the Board feels is appropriate for a Home Occupation. Mr. Mackie said that this review will take some time and should be done carefully. Mr. Diamond will check with the Planning Board to set up a joint workshop with the Zoning Board to review the criteria for a Home Occupational license. The Board continued the discussion of licenses in the City. There were suggestions made that possibly a new type of application might give the City more information. -< ) Mr. Diamond said that if they do not list a place of business in a commercial zone where that type of business is allowed then it is automatically a home occupation. Mr. Siciliano said that we have been having a lot of problems carrying out Zoning regulations. He made a motion that the Zoning Board recommend that the City Council appoint Richard Diamond as the designated Zoning Enforcement Official. The motion was seconded by Mr. Wheeler. Mr. Diamond said that according to the ordinance, the Building Official should be the Zoning Enforcement Official. The motion CARRIED 6~0. Mr. Opal made a motion that the meetino be adjourned. Mr. Siciliano seconded the motion. The meeting was adjourned. Minutes submitted by: R. Diamond Nancy Blazi 4 1 1 Items from the November 19, 1979 Public Hearing on Zoning Changes: /1. c/2. V3': v5. / t/6. ,/ /8'. /9. Rezoning B-5 to B-3 (Old County Rd. to U.S. 1 from Park to Pearl) Approved by Council - Ordinance No. 79-0-40 adopted. 4. Rezoning Cole Property - Approved by Je~+Cil - Ord. 79-0-41 adopted. Zoning School, Church and Cemetery to ~ Changed to R-4 Zoning First Public Hearing - Mar. 24, 1980. Second Public Hearing advertised for April 14, 1980. Deleting Agriculture Districts, etc. ~y Council pending recommendations from Industrial Boar~v Zoning FPL to R-4. Changed to I-I. Approved for Ordinance by Council on March 10, 1980. Also approved at same meeting was the deletion of single family houses and a duplex from 715.02. Deleting R-3B and Changing it to R-2B. Approved by Council. Ordinance No. 80-0-45 - second reading on April 7, 1980. Establish MH-S Zoning Classification. Approved by Council. Ordinance 79-0-39 adopted. Maximum Height Restrictions. Tabled by Council. Adding permitted uses to B-3 (nursery schools, pet care, honey products, etc.) Approved by Council. Ordinance No. 79-0-37 adopted. G/IO. Amending B-2 to add auto tuneups and front end alignments as a permitted use. Approved by Council 11/19/79. Ordinance has not been prepared. 11. Adding public schools as a special exception in _~~ . -=-- Council 11/19/79. 03. 12. Adding multifamily as special exception in B2, B3, B4 and B6. Approved by Council 11/19/79. Ordinance has not been prepared. Increasing parking spaces in multifamily districts. Approved by Council. Ordinance No. 80-0-44 second reading April 7, 1980. viA. Adding site plan approval. Already in effect in 880. No further action necessary. v15~ Increasing application fees for rezoning applications. Approved by Council 11/19/79. Ordinance has not beenjlprepared. 16. Definition of Model Home. Approved by Council 11/19/79. Ordinance has inot been prepared. ,..-" ----. NOTE: A second Public Hearing on two story homes east of Riverside Drive is scheduled for April 14, 1980. Suggested changes to Section 715.00 regarding site plan approval (letter dated February 21, 1980 to Council) No action was taken on this by the Council. N. Blazi /~ ., () ? ( - <.)- '2.. L, RESOLUTION No.7/- fr~,2?' A RESOLUTION APPOINTING JAMES MACKIE, SEBASTIAN SICILIANO, JAMES ttNGLEs'~FRANK OE , M. F. WHEELER, JOHN GROSS AND , C TO THE EDGE- W A ER Z NG BOARD; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND. PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLOR IDA: . SECTION 1: That James Mackie, Sebastian Siciliano, James Engle, Frank Opal, M. F. Wheeler, JOhnJ)Gross S;;;d (f/~;'> elF :'iJ;~/ are hereby appointed as members of the Edgewater Zoning Board. pECTION 2: That the above named individuals shall serve on the Edgewater Zoning Board subject to termination by the Edgewater City Council. SECTION 3: That the above named individuals shall have all of the rights, duties, and responsibilities as provided in the Federal and State laws and the Ordinances and Resolutions of the City of Edgewater, Florida. SECTION 4: That all Resolutions or parts of resolutions and all ordinances or parts of ordinances in conflict herewith be and the same are hereby rescinded. SECTION 5: That this Resolution shall take effect immediately upon its adoption by the City Council and approval as provided by law. The first reading of the Resolution was read in full and passed by a vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the K day of i2A: , 1978, ouncil man , ,-" - \ f' (~/' ' I I '1'- (I , \..... ., { { ) -< '( . Council man - ( '/: r, / \ _/ I C I: ,. -. -' /:..,., r--;... z C 1--.....)<:: !' I ~.-" . \/ ~.~ ~ ~1r'- /"~ ~'- - !-- (/ 7/ /~l / Council man - . ,. o ~~~ City Clerk I. o Approved this Ill< ~ ,g-- day of , A. D., 1978. . \ This Resolution was prepared by: JUDSON 1. WOODS, JR. City Attorney