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12-05-1978 tI Q ~ 1(1//7 7 \ ~ CITY OF EDGEWATER Regular Zoning Board Meeting December 5, 1978 Mr. James Mackie, Acting Chairman, called the regular meeting of the Zoning Board to order at 7:32 P.M. in City Hall. ROLL CALL James Mackie Sebastian Siciliano James Engle Frank Opal r~. F. Wheeler M. Kenneth Sanborn Present Present Present Present Present Present Also Present: Richardr)D'iamond, City Planner Ray Brumbaugh, representative for PUD property Lillian Straub Approval of Minutes Mr. Siciliano made a motion that the Board accept the minutes of the Zoning Board meetings for November 1, 7 and 15. Mr. Engle seconded the motion. The motion CARRIED 6-0. Mr. Mackie read a letter from Mr. Ross Sullivan of Sullivan Real Estate concerning the U-LOCK Storage buildings that he owns. Permission to build these storage buildings was given in error because the B-2 Zoning in this area does not permit storage buildings. Mr. Sullivan requested that the Board add "Mini-Warehouses" to the B-2 Zoning for permitted use. The Board discussed this request. The City does not have an ordinance allowing mini storage units. There is an ordinance for general warehouses. The original intent for the area on Indian River Blvd. wa~ for mini stores. The Zoning Board plans to upgrade some of the zoning. The secretary was instructed to write a letter to Mr. Sullivan to inform him that he will be informed when the Zoning Board has reviewed all the zoning in the City and has made recommendations to the Council for changes, if any, in some of the present zoning in specific areas. Mr. Diamond said that the ordinance that amended 880 for B-2 should not have limited an area to mini shops. They should have been allowed in all B-2 zoning areas. Mr. Mackie explained that originally the area in question was to have been used for a large business that would have been helpful to the economy of Edgewater. However, the Council took such a long time to make up their mind that the particular business located in another City. Mr. Diamond said that the Building Official said the original building permit was issued to build contractor's offices with incidential storage. He added that he has given to each Board member some guidelines for granting zoningGchanges and amendments that has been prepared by different zoning experts around the country. It also shows what the courts recognize as valid reasons for granting or denying zoning changes. These are questions the Board should ask when they consider a request for a zoning change. As it stands now, the zone in that area is illegal and it is really spot zoning. The area could be changed to a B-2A or some type of designation that would separate it from the other B-2 zoning. They should not have allowed only part of B-2 for mini-shops. They should have included the other parcels of B-2 on the other side of the railroad tracks. ~ ~- o o Ordinance 979 amended 880 to include mlnl shops in only part of B-2. This ordinance is not legal, it is spot zoning. It would be necessary to repeal this ordinance and adopt a new ordinance possibly making this a B-2A or make mini shops permitted use in all B-2. The Board should study this carefully to see what is appropriate for this zone. Mr. Diamond said that in the letter to Mr. Sullivan the Board should request that Mr. Sullivan will have to submit a formal application for a zoning change before the Board can act on this specific zoning change. Mr. Diamond asked the Board It they could set up a workshop to work on the new Zoning Map. In the past, no official zoning map was kept and the zoning changes were not put on the map to bring it up to date. There are many sections in the City where we cannot determine where the zoning districts stop and start. It is the Board of Adjustments job to interpret boundaries but the legal description in the back of Ordinance 880 contradicts itself and cannot be interpreted. We need to draw the lines and submit a new official zoning map to the City Council for approval. The Board agreed to meet on Thursday, Dec. 7, 1978 at 1:00 P.M. Election of Officers: Mr. Engle nominated James Mackie as Chairman of the Zoning Board. Mr. Siciliano seconded the nomination. There were no further nominations. The nominations for Chairman were closed. Upon roll call the Board voted 6~0 to elect Mr. James Mackie as Chairman of the Zoning Board. Mr. Mackie nominated Sebastian Siciliano as Vice-Chairman of the Zoning Board. Mr. Engle seconded the nomination. There were no further nominations. The nominations for Vice Chairman were closed. Upon roll call the Board voted 6-0 to elect Mr. Sebastian Siciliano as Vice Chairman of the Zoning Board. Mr. Wheeler nominated Frank Opal as Secretary. Mr. Mackie seconded the motion. There were no further nominations. The nominations for~Secretary were closed. Upon roll call the Board voted 6-0 to elect Mr. Frank Opal as Secretary to the Zoning Board. Chairman Mackie told the Board that they will review the By-Laws. In the meantime, we have the standard by-laws that the Board has used for sometime. He would like the members to sign these by-laws now and then when they have had a chance to review all suggestions for rules and regulations they can sign a new set of by-laws if it is necessary. Mr. Diamond said that they should review these rules because when the Planning and Zoning Boards were separated there is no specific reference to the length of time a member serves on the Boards. We should probably include this in the by-laws so that members will have some idea of how long they might serve on a Board. Mr. Mackie said that after each election, the new Council is supposed to reappoint members to the various Boards except where it is stated in a resolution appointing a member to the Board. He would like to seethe Council adnpt a term for the Board that would allow 3 members to serve three years, two members to serve two years and one member to serve one year. That way there should always be experienced Board members to help new members. That is only six members and there are seven members now on the Board. They would have to decide whether that member should serve two or one year term. 2 " "', . q o Mr. Ray Brumbaugh, a representative of a group of developers interested in the Caldwell property, spoke to the Council. This property is presently zoned PUD. ) , Mr. Brumbaugh presented some preliminary maps to the Board. The developers are interested in putting in a group of'townhouse dwellings. This is a similar plan to one that was presented in 1974. The Board looked over the preliminary sketches and discussed the area and the type of buildings, recreation area~ parking area, street access, buffer zones between this area and residential area. There was a long discussion about this area and its proposed use. Mr. Siciliano made a motion that the Board should consider this proposal, however, more' information is necessary before they can give any judgement on whether this is acceptable. Mr. Engle seconded the motion. Upon roll call the motion CARRIED 6-0. Mr. Brumbaugh will furnish the Board will more detailed information. The Board will contact the City Attorney in regards to the present status of the PUD area. Mr. Brumbaugh will be informed as to what the Attorney's suggestions are in regard to this zoning. Mr. Diamond said Board feels that it can be done., what steps would appropriate. that regardless of what the Attorney $ays, if the this project would be for the public benefit then Mr. Wood's would be able to advise the Board on be necessary, if the Board feels~this project is Mr. Diamond reminded the Zoning Board members that they were automatically members of the Citizen1s Advisory Committee for the Planning Board. We have a grant from the Federal Government to do the comprehensive planning for the City and once the comprehensive plan is done, all the zoning amendments, everything that this Board does will be based on that comprehensive plan. The Planning Board is working on that now and to insure that we get proper citizen input, the Federal Government requires that we have a Citizen's Advisory Committee. The reason that the Zoning Board was asked to become members of the Citizen's Advisory Committee is because there is a question now before the State Attorney's Office whether or not it i? appropriate to have a separate Planning and Zoning Board in the light of the local government comprehensive planning act of 1975. The County feels that the two Boards should be merged as one. There has been no decision on this. After the comprehensive plan is finished any zoning request or change t must first go to the Planning Board according to'State Law and according to our 880 it must go to the Zoning Board. The general interpretation is that once the comprehensive plans are completed the two Boards would be doing the same thing so it may be advisable to join them. In the meantime, the Zoning Board should be kept up to date on plans for the City. The present 880 says that the Planning and Zoning Boards make decision. We do not have a Planning and Zoning Board anymore they have been separated. The Zoning Board should be aware of all proposed plans for the City. The next meeting will be a week from tomorrow (12/13/78) in the Community Center at 7:30 P.M. The Board also discussed the proposed plan for the City to have a census taken with the aid of the University of Florida and local volunteers. Mr. Siciliano made a motion that the meeting be adjourned. Mr. Engle seconded the motion. The meeting was adjourned. Mi nutes su bmitted by: ~."V, Nancy Blazi 3