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10-07-1981 J v u CITY OF EDGEWATER ZONING AND PLANNING BOARD REGULAR MEETING October 7, 1981 CALL TO ORDER Chairman Earl Wallace called the regular meeting of the Zoning and Planning Board of the City of Edgewater, Florida to order at 7:00 P.M. in the Community Center. ROLL CALL Present: Members Wallace, Nolan, Kroman, McKillop, Wheeler, Troian, Hetu and Bennington. Also present: City Attorney Clay Henderson and Patti McCann, Planning Assistant. Mr. Winter was excused for vacation for two meetings. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of September 23, 1981, which was seconded by Mr. Hetu. Mr. Kroman stated there was an inaccuracy in the minutes on page 3 in that the right-of-way in question is not on Mr. Vanzin's property, that it is on neutral ground of three abutting property owners. Mr. Kroman made a motion to amend the minutes to include the correction to page 3 and Mr. Hetu seconded the motion. Upon roll call of the amendment, the motion CARRIED 7-1. Mr. Nolan voted NO. Upon roll call of the motion to approve the minutes, the motion CARRIED 8-0. OCCUPATIONAL LICENSE Mr. Ogden was present to discuss his request for an occupational license for a transmission business at 1947 West Park Avenue in the 1-1 zoning district. The Board discussed with Mr. Ogden their concern for the surrounding parking area becoming a "junkyard" for vehicle storage while the cars were not being worked upon. Mr. Ogden stated the majority of his customers did not bring cars to the site for transmission service, that they only brought the necessary part not working. Mr. Kroman made a motion to recommend favorably to the Board of Adjustments to grant a special exception to allow the transmission business at this location. Mr. Troian seconded the motion. Upon roll call the motion CARRIED 6-2. Mr. Kroman and Mr. McKillop voted NO. REZONING REQUEST Dr. Neal Spiering, who made application for the rezoning request for a medical office at 901 Indian River Blvd. in the R-1B area to B-2, was out of town and requested Mr. John Wilbur represent him at the meeting to answer questions of the Board. Mr. Wilbur stated the doctor intends to remodel the existing building to allow for a waiting room, office and examination rooms and build a fence as a buffer between his office and the residential district. ~ o o In conjunction with Dr. Spiering's request, Mr. Wallace read a letter from Donald P. Testa of the Magnuson Corporation requesting the Board consider rezoning the adjacent lots in Block 24 and 25 from R-IB to B-2 since it would be contiguous to the present B-2 district. After further discussion Mr. McKillop made a motion for the Zoning and Planning Board set a public hearing for October 21st concerning this rezoning request, and to form a committee to obtain opinions regarding rezoning this area West to Highway 95 and report back to the Board at the public hearing. Mr. Troian seconded the motion. Upon roll call the motion CARRIED 6-2. Mr. Kroman and Mr. Hetu voted NO. SITE PLAN REVIEW Preliminary SP-84 - Bill Rossiter Mr. Pete Zahn and Mr. Mark Dowst were present at the meeting to discuss the proposed 45 condominiums known as "Village Green" to be located on Canal Street near Cheeta Drive in the R-5 zoning district. Mr. Dowst reviewed the plans and the requirements set forth by the Board. Mr. Wallace read the Department Head comments and recommendations. In the discussion of parking the Board felt that the two parking spaces per unit was necessary and compliance had been met at preliminary review. A thorough discussion that verification of trading some parking spaces for trees might be possible and the Board felt a blanket l~ parking spaces per unit variance would not be in the best interest of the City. It was noted the project will come before the Board of Adjustments in November requesting a reduction of parking spaces for the project. There was further discussion of the recreation open space area and the impact the additional population would have on the present recreational facilities. The proposed pending impact fee for the recreational trust fund was reviewed and Mr. Zahn stated he could make recommendations to the developer. The project falling under the subdivision ordinance was also discussed. Mr. Nolan made a motion to grant preliminary site plan approval, contingent to the following: (1) final determination of the parking issue which will be resolved by the Board of Adjustments, (2) the consideration of a second street outlet, (3) the question of paving Canal Street, (4) final landscape plan, (5) receipt of legal documents, (6) review of capacity of lift station #4, and (7) question of maintenance and surety bonds. Mr. Bennington seconded the motion. Upon roll call the motion CARRIED 8-0. The Chairman called a short recess of the meeting. There was no objection from the Board to move the New Business portion of the meeting before the Old Busi- ness to accommodate those persons in the audience that had been waiting for quite sometime. NEW BUSINESS Mr. Testa was present at the meeting to discuss the correspondence from the Magnuson Corporation requesting the opinion of the Board concerning using lots in an R-4 area for a parking lot for an arcade plaza to be constructed in the adjacent B-2 area. Mr. Testa stated the proposed use of the arcade would be professional offices. The City Attorney reminded the Board they had a similar situation in a recent project where they had allowed the parking in a B-3 area for a multi-family project. Zoning and Planning Board Meeting 10/7/81 -2- - . . (J (J Mr. Kroman made a motion that the request be granted and Mr. Hetu seconded the motion. There was further discussion concerning the project plans not be submitted with the request and Mr. Kroman withdrew his motion and Mr. Hetu withdrew his second. Mr. Troian made a motion to table the request until the project plans are presented, which was seconded by Mr. Wheeler. Upon roll call the motion DID NOT CARRY 4-4. Mr. Nolan, Mr. Bennington, Mr. Hetu and Mr. Wallace voted NO. After further discussion, Mr. Nolan made a motion to send the Magnuson Corp. a positive reply to their request since there appears to be no restriction in the Edgewater Zoning Ordinance which prohibits a parking area within an R-4 zone to a contiguous business zone. Upon roll call the motion CARRIED 5-3. Mr. McKillop,: Mr. Wheeler and Mr. Troian voted NO. Mr. Wallace read a letter from the City Clerk requesting the Board's recommen- dation to clarify the definition of emergency vehicles, specifically wreckers, allowing them to be parked in a residential area. The Board discussed the remarks at the recent Council meeting concerning saving time in having the vehicles parked at home which in turn could possibly save lives. Mr. Mckillop made a motion to reply to the City Clerk's letter that it is the consensus of the Board that wrecker vehicles should be treated as emergency vehicles when such vehicle is on call by the City of Edgewater for emergencies. Mr. Nolan seconded the motion. Upon roll call the motion CARRIED 8-0. The committee for a "facts finding mission" to contact people concerning re- zoning the immediate area adjacent to Indian River Blvd. from R~lB to B-2 from Hibiscus Drive to Highway 95 was appointed. Mr. McKillop volunteered to Chair the committee and Mr. Bennington and Mr. Wallace said they would assist him. The committee's purpose would be to report back their findings to the Board at the public hearing on October 21st. Mr. McKillop reported on the MPO meeting he had attended earlier today and stated there was considerable discussion concerning a "high rise" bridge being proposed from the mainland to the beachside in New Smyrna. OLD BUSINESS The City Attorney reported on the pending condominium ordinance which will have a public hearing and second reading on November 2nd. He stated there has been a lot of input from developers and their attorneys concerning the impact fees and the fact they have the right to create their own recreational areas. Therefore, if additional land is taken or money in lieu of the land, it becomes a taking under the Fifth Amendment without just compensation. After further discussion Mr. Henderson stated he would continue to review the ordinance before the second reading and also address the question of use of the money from the recreational trust fund this ordinance would create. It was the consensus of the Board they would prefer this fund be used for land acquisition and/or capital 'improvements for recreational purposes. The development of Menard Beach and a possible municipal golf course was also discussed. Zoning and Planning Board Meeting 10/7/81 -3- Q o The Board reviewed the Preliminary Site Plan Requirements prepared by the secretary as requested at the September 23rd meeting. It was the consensus of the Board to adopt the document as an administrative function. The Board discussed the time, effort and assistance the city Attorney, Clay Henderson, has given to the Board. Mr. Troian made a motion to give Mr. Henderson a vote of confidence by sending the City Council a letter of their appreciation and the fact he is necessary and valid to the purpose of the Board. Mr. Nolan seconded the motion. Upon roll call the motion CARRIED 8-0. ADJOURN Mr. McKillop made a motion to adjourn the meeting, which was seconded by Mr. Kroman. The meeting was adjourned. Minutes submitted by: Patsy L. McCann, secretary zoning and Planning Board Meeting 10/7/81 -4-