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File #: 2024-O-13    Version: Name:
Type: Ordinance Status: Passed
File created: 3/6/2024 In control: City Council
On agenda: 5/6/2024 Final action: 4/1/2024
Title: 2nd Reading - Ordinance No. 2024-O-13: Request for a rezoning from B-3, Highway Commercial to MUPUD, Mixed Use Planned Unit Development for the properties at 108 & 124 S. Ridgewood Avenue.
Attachments: 1. Public Notice Aerial Map, 2. Zoning Map, 3. 2024-O-13

ITEM DESCRIPTION:

Title

2nd Reading - Ordinance No. 2024-O-13: Request for a rezoning from B-3, Highway Commercial to MUPUD, Mixed Use Planned Unit Development for the properties at 108 & 124 S. Ridgewood Avenue.

Body

OWNER: 

Travis Springstrch

 

REQUESTED ACTION:

Rezoning from B-3, Highway Commercial to MUPUD, Mixed Use Planned Unit Development to allow a once grandfathered residential apartment to become conforming.

 

LOCATION:

108 & 124 S Ridgewood Avenue

 

PARCEL ID:

745211010160 and 745211010170

 

AREA:                     

.245 acres

 

PROPOSED USE: 

Office, One Residential apartment, and a commercial retail operation with associated warehousing and storage.

 

CURRENT LAND USE: 

Office, one residential apartment, and a commercial retail operation with associated warehousing and storage.

 

ZONING DESIGNATION: 

B-3, Highway Commercial

 

PROPOSED ZONING DESIGNATION:

MUPUD, Mixed Use Planned Unit Development

 

VOTING DISTRICT: 

District 1 - Charlotte Gillis

 

SURROUNDING AREA:

 

 

Current Land Use

FLUM Designation

Zoning District

North

Retail

Commercial

 B-3, Highway Commercial

East

Retail

Commercial

B-3, Highway Commercial

South

Retail

Commercial

B-3, Highway Commercial

BACKGROUND:

Mr. Springstrch recently purchased the properties at 108 and 124 S. Ridgewood Avenue to locate his business, All About Floors, on the property at 124 S. Ridgewood Avenue. With the purchase, Mr. Springstrch believed that the apartment and office on 108 S. Ridgewood Avenue were in compliance. The prior owner let the apartment at 108 S. Ridgewood Avenue remain vacant for over one year. The property has a future land use of commercial and a zoning designation of Highway Commercial. As such, the apartment unknown to the prior owner, lost its non-conforming status by sitting vacant for a year. Mr. Springstrch approached staff regarding the recently purchased property and an issue with code enforcement regarding the non-conforming use of a residential apartment in a commercially zoned district.

 

LAND USE COMPATIBILITY: 

City staff reviewed Mr. Springstrch’s application for a rezoning and comprehensive plan amendment to MUPUD and Mixed Use future land use. Staff have found that the proposed small-scale comprehensive plan amendment is in compliance with the City of Edgewater’s Comprehensive Plan.

 

MUPUD STANDARDS:

1.                     Parcel: 745211010160: 3,655 square foot Residential Mixed Use Office

 

a.   Permitted Uses: The following uses shall be authorized on the Property:

 

i.                     Multifamily Residential.

i.                     Multifamily buildings which are a part of a multifamily complex may contain one unit or more so long as they are under singular ownership and management and the development standards set forth in this Agreement are met.

 

                           ii.                       Office and Warehouse

 

b.                     Unit Count

The residential unit count within the Residential/Multi-Family Area shall not exceed 1 dwelling unit.

 

c.                     Minimum Unit Square Footage

The minimum gross unit square footage shall be at least 650 square feet living area under air for multi-family residential.

 

d.                     Minimum Yard Size and Setbacks

 

North Setback: 20 feet

S. Ridgewood Ave. Setback: 36 feet

South Building Setback: 8.7 feet

West Setback: 1.7 feet

Maximum Height: 35 feet.

 

Parking: 1.5 spaces per unit.

The office and warehouse parking requirements shall meet the City of Edgewater’s Land Development code.

 

e.                     Signage

The existing monument sign is grandfathered into this agreement and may be repaired as needed. A joint sign agreement shall be required between Parcel 745211010170 and 745211010160. Said agreement shall allow the monument sign to be utilized for the business on Parcel 745211010160 and the business on Parcel 745211010170. Any new signs must conform with Article XX within the City of Edgewater’s Land Development Code.

 

f.                     Air Conditioning for the Units

The location(s) of air conditioning units and pads are permitted as existing.

 

 

2.                     Parcel: 745211010170: 7,425 square foot Warehouse and Retail Building

 

a.                     Permitted Uses: The following uses shall be authorized on the Property:

 

a.                     Warehouse

b.                     Retail

c.                     Office

 

b.                     Parking

Parking requirements shall be met according to the standards set forth in Article V of the Land Development Code. A joint parking agreement can be established to meet the required parking for the uses on Parcel 745211010170 with Parcel 745211010160.

 

     d.                     Minimum Yard Size and Setbacks

North Building Setback: 8.7 feet

W. Pine Bluff Setback: 6.3 feet

West Setback: 15.5 feet

S. Ridgewood Avenue Setback: 5.1 feet

 

c.                     Signage

The existing monument sign is grandfathered into this agreement and may be repaired as needed. A joint sign agreement shall be required between Parcel 745211010170 and 745211010160. Said agreement shall allow the monument sign to be utilized for the business on Parcel 745211010160 and the business on Parcel 745211010170. The protruding wall sign on Parcel 745211010170 is grandfathered into this agreement. This wall sign may be repaired as needed. Any new signs must conform with Article XX within the City of Edgewater’s Land Development Code.

 

Planning and Zoning Board:

 

The Planning and Zoning Board sent a favorable recommendation to City Council with 6 in support, none in opposition, one absent.

 

RECOMMENDED ACTION

Motion to approve Ordinance No. 2024-O-13.