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HomeMy WebLinkAboutPZ-643I N T E R' D E P A R T: -M E N T A- L M E ,M, 0 TO A' W. Barrett, City Manager FILE: FZ 643 FROM Jesse C. Houston, City.Placrr-er SUBJECT: Scheduling :Zoning Gode Amendment .with .Mayor and Gitp'Council DATE 17 May 1984 The following was adopted by the Planning and Zoning Commission to be their recommendation as amendment .to the Code. ' Please schedule this amendment far First Reading by Mayor and City Council at your convenience. To amend Section 105-98, "Conditional Uses Enumerated," of Article XX, "Conditional Uses", of Part 3, "Provisions Governing All Districts", of Chapter 1Q5, "Zoning", by amending i.t to read as follows: 105-98 CONDITIONAL USES ENUMERATED, 'The following buildings,-structures and uses may' be app-roved by the Mayor artd CourYCil as conditional uses in any district from.... .. ........................... cc: Guy Ayres, City Solicitor ..Planning and Zoning Commission James W. Almand, Esquire "PZ 643 .._ _ C~"Y TC~~VN OF OCEAN - ~ ~ MAYOR & CITY COUNCIL OCEAN CITY, MARYLAND 21842. HARRY R'. KBt.LEY REPLY TO: - . .Manor couNrt~. McMBEas Department of Planning and ' C.RANV}LLE D. TRtbtl'F.R President `r Community Development EbttPABD J.ELtlfl P .O . BOX 1S8 nr, Ocean City, Maryland 21842 TH£L.1tA C.. CONN£R LEE.bL'GC.AN _ - GEORf,E HURLEY Lg}g}ITON MMTRF. t [1 May. 17 s 984 ANTHt)NY W. BARRF.7T - City Afenager $HE}.b(-N E. DtETF,RT Clerk ..: Treaeorer Guy R. Ayres III Esquire 5200-B COastal.Highway "ocean City, Maryland 21842 'Dear Guy t Attached is a/are Code..Amendments being. recom~.ended by the: Planning. and Zoning Commission. Please prepare, in proper form, for the Mayor and City Council -far the required readiLYgs. If you have any questions, Please contact me. Sincerely yours, :~ se C. Houston irector of .Planning. and DeveloptuRnt 3CH/n Enclosure cc: Planning and Zoning Co*.n~rission City Manager lames F3. Almand, Esquire File PZ 643 and PZ 640 THE TOT~N OF OCEAN CITY ISAN EQUAL OPPORTUNITY EMPLOYER 4 -r~~1vN of ocEa~v ~!r~ .~ ~ - ; MAYOR & CITY COUNCIL . OCEAN-CITY, MARYLANQ 2 i 842 HARRY R'. I(£LLEY REPLY TO: Msyor ~" f.OtiNflt. MEMBERS f,R Ah'1"ILLE D. TRIMPER +~f Department ©f r lalln ~Ilg and Frr+idsat Community Development EDWARD 1. ELLIS P..O', .BOX 158 Ocean City, Maryland. 2Y842 TREI.tSA f.. f.ONNER BERNARD F. DEUT3(:H LEE DL;GGAN (:FORGE BURLEY ~ (1 - ~ Mdy ~.7 , 1984 - ~ L£IGHTON MOORE. . - AN'TtN)NY R+. BABRETT City Menapsr seELDDN E. D:ETERT flsri - Trsaaurcr Mayor and. City Council .City Hall Qcean City., Maryland 21842` Dear Mayor and City Council Members: Re: Zone Code Amendment- Section 105-98, Conditional Uses: Enumerated of.Article XX, "Conditional Uses... .File PZ 643. Enclosed for your perusal is a copy of the. minutes of the public hearing conducted by the Planning and Zoning Commission on May l", 1984 and copy of the letter of recommendation concerning the above referenced application. This application ~aill be scheduled by the City Manager's office for presentation to you. at a regular session of the i~iayor and City Counca. Should you have any questions in the meantime, please do not hesitate to contact me. .Very truly yours, ~ 3ames B. Byrnes, III ~ Zoning Administrator - 7BBIII:n Enclosures cc: James W. Almond, Esquire Guy R. Ayres, III, City Solicitor PZ 643 THE TOWN OF OCEAN CITY7S AN EQUAL OPPORTUNITY EMFLOYER __ r .. PLANNING AND ZONING .COMMISSION MAY 1, ..1984. PRESENT Hale Harrison `George Weszka Geoffrey Robbins .Brian. Nygaard Anne Eschenburg Frank Gunion William Purnell IN ATTENDANCE Harold C. Gordy, Jx., Esquire James B. Byrnes, III, Zoning .Administrator Jesse C.Houston, Planning and Development This meeting of the Planning and Zoning Commission was held on Tuesday, May I, 1984, in the Municipal Building located oa Baltimore Avenue and Third Street, Ocean City, Maryland. Hale. Harrison, Chairman, called the meeting to order at 7:OOp.m.. ,~ ~ ~ 1 (3) ZONING CODE AMENDMENT, 105-98 Conditional t3ses Enumerated "may91 rather than "shall": PZ 643 BYRNES: Members of the Commission. this is file_P2 643, -Again we are dealing with a proposed Code amendment, In this particular instance agarr under Section 105-9$ Conditional Uses Enumerated, Article XX Conditional Uses of Part TII, Frovisions Governing All Districts, Chapter 105 Zoriirlg; by amendirLg it to indicate that the Mayor acid City Council "may".rather thaxi "shall" approve certain building structures and uses as. conditional uses if certain conditions which would protect the public health,. safety arLd welfare are met. It is simply a ore word change where the section now reads"shall" it would be changed to "may". HARRISON: 3eff. BOBBINS; Yn reading where the word "shall" means have to; "may" means they can if they want.:. If we seat a favorable recommendation to the Mayor and Gity Council under the_strict- est interpretation of the code, do they have to grant the conditional use? BYRNES: ..Personally I don't know that the change from "may" to "shall" really makes any dif- ference. The issue before you with regard to a public, hearing is have they satisfied the criteria or have they not. If you make a finding of fact. they could still dsre- gard that recommendation and submit their own finding of fact. =BOBBINS; Doesn't. the code currently say that they "shall" approve? BYRNES: If it meets that criteria for that respective conditional use. But based on the testimony and evidence that you .,hear this Commission may decide that we feel that it - does~arid we find the finding of fact that way and we send it on to the Mayor and CoucEC but that's a recommendation. The Mayor and. Council may say,loaking at that same recor~ tray that. the testimony and evidence that was submitted~we don't think that it does and we are finding a different finding of fact. BOBBINS: Based on why this Cade amendment is being considered, is because. of that very s ituat ioi~ . BYRNES; Council can advise me, but as I says to me I don't know that it makes any difference in the disposition by this body, or the Mayor and. Council. .. ;i . ~, ~7..~3NING AND ZQNIN~ .CflMM.ISSI(iN~-:..__.--... _ _._~~_ . _..~lp~_ . _ ~ __~_. r . ._.a.._: MAY ..1, -I:98~._ :._._ _ . _ __ __ ._. ROB$I~S: 'Why are we 'even discussing it? BYRNES: .Because it was :requested by this body acid Mayor and Council. BOBBINS: When did this come up..July? I thank at the time I wasunder-the impression that because the code -said "shall" we seat a recommendation that- the Council had try work an it. BYRNES: But if you read on it reads; shall if certain conditions which protect the public health, safety and welfare are met. You could:hear the testimony and evidence and decide that you are sending a favorable recommendation because you feel that the testimony and evidence that was presented had adequate protection as`far as public health, safety and welfare and that is what will go along to the Mayor. and Council. Once. it .got to them it would still be the Mayor. artd Council's choice to find based orr that same record differently than you .did support their different findings with a separate finding of fact. WESZKA: All this. does is give the Mayor and City Council an option, instead of saying you ~sha11"do 'phis it says you "may" do this. BYRNES: I believe they have the option even with it reading shall. PURNELL .That. is exactly right. HARI2ISON: In the worse case it gives them actual degree of......it can't hurt the Mayor ar~d Gty Council to have that word.. Okay-Jim. Is there anyone who would. like to speak in favor of this proposal?..Let the..record show-none. Anyone in opposition? Let - the record show there is none. Jesse, Jim, anything from the Commission members at this time? This hearing is closed, decision to be rendered later tonight. ~, .~~~~~ .Governing AIi Districts," of Chapter.. 105, ``~n8+++ amending it to indicate that the Mayor and City Council 'pI,ANNING AND ZONING COMMISSION `•may" (rather than "shad") approve certain buildings. siruc- 't•OWN OF OCEAN CITY t r 4ect he pubt c heaith~safety attd welfare are n'OF THE h OCEAN CITY, MARYLAND P AppLICANT: MAYOR AND NOTICE OF PUBLIC HEARINGS TOWN OF OCEAN CI . PZ 643 Pursuant to the previsions of Chapter 105 of the Code of pI,ANNING AND ZONING COMIviISSIOIV .Ocean City, Maryland, hereinafter referred to as the Code, HALE HARRISON, CHAIRMAN same being the'Loning Ordinaven that the public hearings will ~ _ GEORGE WESZKA; SECRETARY - Maryland, notice is hereby g JAMES W• ALMAND, ATTORNEY be conducted by the Planning and Zoning Commission of Ocean City, Maryland, in the Council Chambers of the 2x 413, 427 Municipal Building, located on Baltimore Avenue and Third Street, Ocean-City, biarytand on: _ TUESDAY, MAY i, 1984 _ at 7cf10 p.m. to considerthe following: ZONING CODE AMENDMENT _ To amend Section 105-98, "Conditional Uses Enuprovis ong _ . of Article XX, "Conditional Uses," of Part 3, .Governing: All Districts," of Chapter 105, "Zoning," by ad- ding new subsection "W" to read. as folk-ws: ~•W -Car washes or automobile. laundries, automatic or otherwise;in a B-i District, providing reserved space for , .not less than ten (10) vehicles for each washing lane of - the facility." - AppLICANT: MAXOR AND CITY COUNCIL OF-THE TOiVN OF OCEAN CITY.; PZ 540 TEMPORARY CONDITIONAL USE . Conditional Pursuant to the provisions of Section 105-981', Uses Enumerated, a request has been earQ forra commercial ~ . conditional use for a Period of one (iJ Y - recreation facility for the rental of jet skis, watment~re ated surfers, motorized surfboards and all equip thereto.. The proposed site abutts the easternmost side of the Say, approximately 700 feet westof Coastal Highway, at what ` - wouid carresPond to the westemmos ortion, of what is known extension of 45th Street and being an Center, in the Town of locally as 45th Street ViAage Shopp g - Ocean City, Maryland. APFLICANT: ATLANTIC WATER SPORTS, INC. PZ 642 - - /~ ZONINGCODE AMENDMENT . To amend Seciian 105-48, "ConditioofiP ses3 nu~rov signs of Article XX,. ` €;onditional Uses, -_-_" ~ P ~. r'rr ti~S4S""A~fk~Rf$44k>~+a#?`h'LY `a R.~h. 4~+s`Y ^s~''~V .. _ _ - f' . ~ '~. • . -- -- - --- t2aryland Coast Press Run Dates 41131$4 ...Page Z 4/271$4 ZONTNG CODE AMENDMENT ~' Toamend Section 105-98, "Conditional Uses Enumerated", of Article XX, ,~~ ~'~ "Conditional Uses", of Part. 3, "Provisions Governing All Districts", of Chapter 105, "Zoning", by amending it do indicate that the Mayor and City Council "may" (rather the "shall") approve certain buildings, structures and uses'as conditional uses if certain conditions which protect the public health, .safety and welfare are met. APPLICANT: MAYOR AND CITY COUNCIL OF THE TOWN OF OCEAN CITY - PZ 643: PLANNING AND ZONING COMMISSION HALE HARRISON,:..CHAIRMAN GEORGE WESZKA., SECRETARY 3AMES W. ALMAND, ATTORNEY Maryland Coast Press - --Run- dates:" _ .4~~;3f84..:, ____v~- wr~7r84 PLANNING AND ZONING COMMISSION TOWN OF OCEAN CITY OCEAN CITY, MARYLAND NOTICE OF PUBLIC HEARINGS Pursuant to the provisions of Chapter 105 of the Code. of Ocean City, Maryland, - hereinafter referred to as the Code, same being the Zoning Ordinance for the Town of Ocean City, Maryland, notice is hereby .given that the public hearings will be conducted by the Planning and Zoning Commission of Ocean City, Maryland, in-the Council Chambers of the Municipal Building, located on Baltimore Avenue- and Third-Street, Ocean City, Maryland- an . .TUESDAY, MAY 1, 1984 at 7:00 p.m. to consider the following: ZONING CODE AMENDMENT To amand Section 105-98, "Conditional Uses Enumerated", of Article XX, "Conditional Uses", of Part 3, "Provisions Governing All llistricts", of Chapter -105, "Zoning",_by adding new subsection "W" to read as follows: "W -Car washes or automobile laundries, automatic or otherwise, in. a B-1'District, providing reserved space for not less than ten (lO) vehicles. for each washing lane of the facility." APPLICANT: MAYOR AND CITY COUNCIL OF THE TOWN OF OCEAN CITY. PZ 640 " TEMPORARY CONDITIONAL USE Pursuant to the provisions of Section 105-98P, Conditional Uses Enumerated, are- quest has been made for a`temporary conditional use for a period of one (1) year, for 'a commexcial,recreation facility for the .rental of jet skis, water skis~swind surfers, motArized surfboards and-all equipment related thereta._ The proposed site abutts the easternmost side of the Bay, approximately 700 feet west of Coastal Highway,.. at what would correspond to'the westernmost terminus of a westerly extension of 45th Street and being a portion of what is known locally as 45th Street Village Shopging Center,. in. he Town of Ocean .City, Maryland. .APPLICANT: ATLANTIC WATER SPORTS, INC. - PZ:642 i ~` ~: /G?~r' ~ _ ~'~~',~1"2~ `,F ~?~,,I._~~~C' x.1',7 Q'~~ ? 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DElITS('.H LEE t,ucc;aw C,E6Rf.EHL'Rt.EY ~„ Notice to be .published in Maryland Coast PresS.. 'LEIGHTn?V MOORE 2. Notice which appeared in Maryland Coast Press an 4/13 and. Published A'~Tt10NY W. BARRETT rtsyst,.~.~r . 4 /2 7 / 84 . ~ ~ Minutes of ~puble hearing held. On May 1, 1984. SHEt.DON E. tN6TERT ckr"-~'~e°'~~ 4, Submittal letter of minutes. dated 5/1.7/84 to Mayor -:and Council.. 5. I~lemo to Citp Manager dated 5/17/84. 6. Letter to City. Solicitor dated 5/17/$4. TIIE TOWN OF OCEAN CITY IS AN EQUAL OPPORTUNITY EMPLOYER