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10-29-1979 - Public Hearing/Regular - . . - ~ u ~~;~ CITY OF EDGEWATER CITY COUNCIL AND ZONING BOARD JOINT PUBLIC HEARING ..... Oct 0 be r 2 9, '1 97 9 Mayor Christy called the joint Public Hearina to order at 6:00 P.M. in the Edqewater Communitv Center. The purpose of the Public Hearina is to discuss ~rorosed zoning changes. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. AstinCl City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present ,Zonin9 Board James ~. Mackie, Jr. Sebastian Siciliano Frank O!1a~. Ray Troian M. F. Wheeler Clair Bowser James Engle Present Present Present Present Present Present Excused Mayor Christy said that the proposed zoning chan~es would be taken in the order presented in the adve~tisement. 1., Rezoning that area from U.S. 1 to Old County Road and from Pearl Street to Park Avenue from B-5 Planned Shop~inq Center District to B-3 Highway Service Business District. (Sec. 606.02) Mr. Armstrong told the Council that he objected to this zoning chanae if it was not initiated by the prorerty owners. Mayor Christy said that under Sec. 1100.01 of the Code zoning changes can be initiated by the Council, Zoning Board, Planning Board, Board of Adjustment or by one or more owners or lessees of pronerty within the area ~roposed to be changed or affected. There were no further objections or comments on this proposed change. 2. Rezonina of the followinq described parcel located on Juniper St. (extended) at 16th St. from FPL and I-I to the R-4 Multi Family District to allow construction of duplexes. The West 240 feet of the South 495 feet of U.S. Lot 4, Section 3, T18S; R34E, excluding that part in the street right-of-way. The Zoning Board finds the proposed change consistent with the character of the surrounding area, will not create traffic congestion based on the ap!1roved outline develooment plan. There were no objections or comments on this proposed change. 3 . Z 0 n i n 9 tho s e I? arc e 1 s des c rib e d a s II Ed 9 e \'J ate r Pub 1 i c S c h 0 01 II , II C em eta r y II, and II C h u r c h II 1 0 cat e d we s t 0 f U. S. 1 and e as t 0 f the FEe Railroad to R-5 .Multi-family Zoning District. Presently these districts are not within any classified zoning district and have no restrictions for use or development. The proposed change will classify these areas within defined zonina districts. , , - --- u o There was some discussion about the cemetary and the effect this zoning might have on the area in question. Mr. Macki~ told the Council that the City has an obligation to control the development of land within the corporate limits and if an area is not zoned in accordance with 880 we' cannot exercise this control. There was a rather long discussion on this proposed change 4. Deleting the Agriculture Districts and rezoning Darcel one (1) located north of Park Avenue to 1-3 Industrial Park Dlstrict and rezoning parcel two (2) located west of Mango Tree Drive and south of Park Avenue to Conservation. J I , Ordinance 880 does not define standards and reauirements for Agriculture District and as such provides no guide for development or use in those areas. The Zoning Board feels this change will maintain the integrity of the Zoning Code by classifying these areas in a defined zoning district. There was some discussion about this proposed change, primarily the effect a Conservation definition would have on the area west of Manqo Tree. There is land in this area owned by the County, New Smyrna B~ach and the State. Some of this land is being used as shell pits. 5. Zoning that Darcel described as "FPL" located on the north side on 16th St. and west of the FEC Railroad to R-4 Multi -Family. The rei s noli F P L II Z 0 n i n gin the C i t Y and the Z 0 n i n q Boa r d fee 1 s t hat this should conform to 880 by having a defined zoning district in this area that is compatible with surrounding zoning. 6. Deleting the R3B Zoning District and rezoning this area to R-2B. These two zones (R2B and R3B) have similar requirements and in the interest of administration, it is recommended that the two districts be incorporated into one district. There were no objections or comments on this proposed change. 7. Establishing a new Mobile Home Zoning District to be known as MH-S. This zonina chanqe ~ould remove oresentlv existinq mobile home parks from any non-conforming status. . They would remain as they presently exist and any expansion would have to be in accordance with Ord. 880. There were no ob.jections or comments concerning this proposed change. 8. Changing the maximum height restrictions of the following districts: (a) R-5 multi-family dwellinos from eight (8) stories to four (4) stories. (b) R-5A multi-family dwellings from eight (8) stories to four (4) stories. (c) R-4 multi-family dwellings from three (3) stories or forty-five feet to two (2) stories or twenty-six (26) feet. (d) B-4 building height from ei0ht (8) stories to four (4) stories. (e) B-2 building height from thirty-five (35) feet or three (3) stories to twenty-six (26) feet or two (2) stories. (f) I -3 building height from forty-five (45) feet to twenty-six (26) feet or two (2) stories. Building heights above twenty-six feet may be permitted as a special exception. 2 o <.J (g) 1-1 and 1-2 building heights from no restriction to two (2) stories or t wen t y - six fee t . S t rue t u res a b 0 vet wen t'y.- six (26) fee t may be permitted as a special exception. The Zoning Board feels these height standards are more compatible with the scale, character and density of the City, and is in the interest of public health, safety and welfare, by insuring development free of congestion, with adequate light and ventilation. Mayor Christy recessed the Public Hearing at 7:00 P.M. and opened the regular meeting. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B.Sikes Councilman Neil ~J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG Rev. Campbell Mayor Christy recessed the regular meeting and returned to the Public Hearing. 9. By adding as permitted uses in the B-3 Business Highway District (Sec. 606.02 (b)) the following businesses: Pet grooming and supplies (no overnight boarding and no kennels): Honey products; Rental and leasing of tools, equipment, machinery and supplies for industry, business, household use and recreational use; and adding nursery schools and day care centers as special exception (606.02 (d)) with provisions and dimensional requirements as specified for nursery schools and day care centers in the R-5 District. Mrs. Conrey, who wants to open up a day care center, asked the Council to consider making this a permitted use instead of a special exception. She added that there is a great need for day care centers and it should not take so long to get a license. The zoning change will take at least two months and then a special exception would take at least another month. There is already a day care center in operation in Edgewater in the B-3 Zone and she still questions how they obtained a license. Councilman Ledbetter said he believed this should be a permitted use. Mr. Siciliano said that the Zoning Board feels that these schools care for small children and the City should have control over them so that we can be sure the children are protected. 10. Amending the B-2 Neighborhood Business District by adding automobile tune-ups and front-end alignments as permitted uses. There were no objections or comments on this proposal. 11. Adding public schools as a special exception in the R-5 Multi-Family Zoning Districts (Sec. 603.02 (d)). The r e was so m e d i s c u s s io nab 0 uta d din 9 " c em eta r y" a s asp e cia 1 ex c e p t ion . 12. Adding multi-family uses as a special exception in the B-2, B-3 B-4 and B-6 Business Districts with permitted uses and dimensional requirements as specified currently in the R-4 District with the added height restriction of two stories to a maximum of 26 feet. Ordinances 922 and 925 which amerlded Ord. 880, added "residential" as a permitted use in the B-1 through B-6 Districts. These ordinances however do not specify which type of residential ~- single family, multi-family, etc. is permitted. "The proposed change would clarify this reference to residential uses, will not impair the character of existing districts, will not create traffic congestion nor overburden City services or facilities. ":' 3 - o o There were no comments or objections to this proposed change. 13, Increasing the required number of parking spaces for all Multi-Family Zoning Districts. The Zoning Board does not feel that the present l~ parking spaces is adequate in view of the fact that most families have two cars. There was some discussion about the size of the parking spaces. The present zoning calls for minimum dimensions of 10~ x 20~. 14. Adding site plan approval for all multi-family, commercial and industrial development: Section 715.00 presently requires site plan approval for multi-family, commercial and industrial development only for rezoning cases. Development of land presently holding these classifications may take place without site plan approval: ,In order to insure adequate access t ingress and egress, parking arrangements~ open space, etc.; the Zoning Board recommends site plan approval prior to issuance of a building permit. There were no objections to this proposed change, 15. Increasing the application fees for changes to the Zoning Ordinance. The Zoning Board recommends that the application fee for a zoning change be increased from $50 to $100 to cover the increased administrative and advertising costs (Sec. li04:00)). There were no objections to this proposed change, l6~ Providing for a definition for a Model Home (Sec~ 200~OO)). This is a textual addition since there is no present definition for a model home and many local builders like to put model homes in the residential areas. There were no objections to this proposed change. Mayor Christy said that all Zoning changes required two Public Hearings. The next Public Hearing would be November 19, 1979. Councilman,Ledbetter made a motion to adjourn: Councilman Asting seconded the motion. The Public Hearing was adjourned~ The Mayor called a brief recess, The regular meeting was called back to order. APPROVAL OF MINUTES . Councilman Asting made a motion that the Council adoot the minutes of the October 22, 1979 Council meeting. Councilman Ledbetter seconded the motion. Upo~ roll call the motion CARRIED 4~1. Councilman Sikes voted NO due to absence. BILLS-AND ACCOUNTS Councilman Ledbetter made a motion that the Council aoorove the bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. PROCLAMATION The Mayor read a proclamation for Poppy Days in the City of Edgewater. - 4 - o v COMMUNICATIONS The City Clerk read',a letter from the Board of Adjustment requesting that the Council grant a Special Exception to Mr. Gene Barnes, 1301 South Ridgewood Ave., for the open display of concrete products and an open chain link fence. Councilman Ledbetter made a motion that the Council grant this Special Exception, Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5~O. The Attorney will draw up the necessary resolution. The City Clerk read a letter from Alan Crowder tenderinQ his resi9nation from the Merit Board(. The City Clerk also told the Council that the Chairman of the Merit Board had re~uested that at least one appointment be made to the Merit Board, as soon as possible, to assure a quorum at the next meeting. There are currently two vacancies on the Board. Councilman Ledbetter made a motion that the Council accept Mr. Crowder's resignation. Councilman Rotundo seconded the motion. Unon roll call the motion CARRIED 5~O. Councilman Astin9 made a motion that the Council apooint Mr. Leroy Lewis, 2310 Sabal Palm, to the Merit Board. Councilman Ledbetter seconded the motion. Mr. Walter Gross spoke to the Council stating that there seems to be some Question about his term on the Merit Board. He requested that the Council consider appointing him to another term on the Merit Board. He also Questioned the legality of any motions or votes that he cast since May, 1979 since he had recently learned that his aopointment expired in May of 1979. There was some discussion about the practice of aooointinq board members to fill unexpired terms of other board members. this has' created some problems in the past. Councilman Asting made a motion amending his original motion to appoint Mr. Lewis for a three year term on the Merit Board. Councilman Sikes seconded the amendment. Upon roll call the amendment CARRIED 5~0. The original motion CARRIED 5-0. The Attorney will draw up the necessary resolution. The City Clerk read a letter from resignation from the City Planner Richard Diamond. Councilman Led~etter made a motion that the Council accept this resignation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Home Occupational Licenses: The Council considered an application from Rebecca Hinkle, 1615 Umbrella Drive to orerate a taxi service, Mrs. Hinkle told the Council that her home will only be used to take calls for the taxi. The taxi will be narked at either the Winn Dixie store or the Shell station. There was some discussion about the proper licensinq of a public conveyance. Councilman Sikes made a motion that when all licenses, necessary insurance, State or County permi ts, etc. have been obta i ned and checked _by.the City_ Attorney that the Council authorize the Mayor to sign this license for the Council. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5~0. v The Council considered an application for a license from D & M Construction. The .r~sidence will be used only as an office. There will be no storaQe at the residence. 5 /~7/h (..) o The residence is located at 2330 Mango Tree Drive. Councilman Sikes made a motion that the Council qrant this license. Councilman Ledbetter seconded the motion. Uoon roll call the motion CARRIED 5~0. . COORDINATORS REPORTS COUNCILMAN ROTUNDO: Requested that the Police Chief speak to the Council in reference to police cars. Chief Baugh told the Council that it might be necessary to replace a police car that had recently been damaged by an electrical fire. He has approval to purchase two police cars with Federal Revenue money. He has contacted the County and received information on the County bid which is the lowest price on these cars. He requested Council permission to go for the County" bid. . , There was a discussion on the type of vehicle that should be used by the police. Councilman Sikes made a motion that the Council authorize the Police Chief and Councilman Rotundo to get more information on the cost of these vehicles and report back to the Council on the availability of police cars through the County bid. Councilman Rotundo seconded the motion. ~ - Councilman Asting said that they should check with other car dealers. Upon roll call the motion CARRIED 5~O. COUNCILMAN LEDBETTER! No report. COUNCILMAN SIKES: No report COUNCILMAN ASTING: Told the Council that the blowers connected with the Cantex unit at the Wastewater Plant have to be repaired and this will cost between $1,000 and $1500. We do not have any warranty on this equipment. Councilman Asting also told the Council that they still need to have a meeting on the W/WW Budget. The Council set a Special Meeting on November 13, 1979 at 4,00 P.M. CITY ATTORNEY JUDSON WOODS: No report. CITY CLERK JOSEPH HERGET: No report. MAYOR CHRISTY: Talked briefly about the Mayor's conference.he recently attended. 'R E SOL UTI 0 N S The City Attorney read Resolution No. 79-R-96. A RESOLUTION GRANTING A VARIANCE TO PROPERTY LOCATED AT 1853 GUAVA, EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5~0. The City Attorney read Resolution No. 79-R-97. A RESOLUTION APPOINTING ELECTION WORKERS FOR THE GENERAL ELECTION TO BE HELD IN THE CITY OF EDGEWAJER, FLORIDA ON NOVEMBER 6, 1979~ REPEALING ALL RESOLUTIONS IN CONFLICT HEREI~ITH AND PROVIDING AN EFFECTIVE DATE. Councilman Astina made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 6 {.) Q ORDINANCES The City Attorney read Ordinance No. 79-0-36. (First Reading) AN ORDINANCE AMENDING CHAPTER 13, ARTICLE I OF SECTION 13-1, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING PARAGRAPHS (f) AND (g); FURTHER PROVIDING THAT ALL EMPLOYEES WITH PENDING BIRTHDAY AND FLOATING HOLIDAYS SHALL UTILIZE SAID HOLIDAYS PRIOR TO DECEMBER 31, \979. REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adont this Ordinance. Councilman Ledbetter seconded the motion. Uoon roll call the motion CARRIED 5-0. The second reading of this Ordinance will be read on~'Nov. 19, 1979. '0 L'D"-B US I'N E SS " "' ",,' Gauthier Easement: The City Attorney said that ~r. Gauthier wants $2,000 from the City to grant an easement for the manhole on his property. Councilman Astin~ made a motion to table this until next week so that 'we can get more information. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Section 8 Housing Assistance: Councilman Ledbetter made a motion that the City accept this program as long as it does not cost the City any money. Councilman Rotundo seconded the motion, Upon roll call the motion CARRIED 5-0. The City Attorney will draw up the necessary resolution for the County. AUDIENCf M1SCElLANEOUS . Mr, Gross sooke to the Council concernina his apoointment to the Merit Board. He ~aid that he would advise any"member~' of the Merit Board not to disagree about anything because they would not last on the Board.. - ... , ... 'NEW' 'BUS'INf'SS Mayor Christy said that the final rublic hearing on the zoning changes will be held on November 19, 1979 at 6:00 P.M. in the Community Center. The City~Clerk asked what the Council's pleasure was regarding a City Planner. Councilman Rotundo said the Council should get recommendations from the Plannin9 Board. Councilman Ledbetter said that the Council would hire a City Planner and be responsible for his actions, therefore the Council should make their own recommendations and decisions. Councilman Asting said that we need a City Planner. He added that any requests for ap~ointments to the Boards or the hiring of any people' for supervisory positions should go directly to the Council and not to the Boards. Councilman Ledbetter made a motion that the Council authorize the City Clerk to advertise for a City Planner. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion to adjourn the meetin9. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by Nancy Blazi 7 . . o Q gl~~)Ci:1t-~ C 0 u 'n.d; 1 man . " w.~.G~ Councilman ~ Coun c; 1 an ATTEST: ilcl~ ' A P pro v e d t h ; s I tSl Fh' day 0 f November, 1979. \ '.. ~ -- ", ~~h Mayor -: 8 .,. ~ (/ r ~ u No f-M