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11-04-1981 ~ u a CITY OF EDGEWATER ZONING AND PLANNING BOARD REGULAR MEETING November 4, 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 7:05 P.M. in the Community Center. ROLL CALL Present: Members Wallace, Kroman, McKillop, Wheeler, Troian, Hetu, Winter and Bennington. Also present: City Attorney Clay Henderson, Cecelia Moore, and Patti McCann, Planning Assistant. Mr. Nolan was excused. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of October 21, 1981, which was seconded by Mr. Bennington. Upon roll call the motion CARRIED 8-0. REZONING REQUEST Since a representative for the request by Alice Murphy concerning rezoning of Lots 7125 and 7126 Florida Shores Unit 7 from R-2B to R-4 was not present at the meeting, Mr. Kroman made a motion to table the matter until a repre- sentative could be present. The motion was seconded by Mr. Winter. Upon roll call the motion CARRIED 8-0. COMMUNICATION Mr. Barnes was present at the meeting to discuss his protest of the site plan SP-97 for a vegetable stand being constructed by Marcus Crabtree and his concern regarding the five foot setback from his property. The project had been approved by the Board, with conditions, at the September 23rd meeting. The city Attorney stated the Board was bound by the ordinance and Florida Statutes in approving the site plan and Mr. Barnes objections should be directed to either the Code Enforcement Board or Board of Adjustments concerning violations. After further discussion by the Board Mr. Winter made a motion to direct the matter to the Building Official regarding any trespassing on his property for parking or possible gutter infringement. Mr. Wheeler seconded the motion. Upon roll call the motion CARRIED 7-1. Mr. Kroman voted NO. REZONING REQUEST Mrs. Murphy had arrived at the meeting to discuss her request for rezoning of Lots 7125 and 7126 from R-2B to R-4 and therefore Mr. McKillop made a motion to remove the matter from the table and bring it before the Board. Mr. Hetu seconded the moiton. Upon roll call the motion CARRIED 8-0. ~ o o Mrs. Murphy explained it would not be feasible to develop the property as single family residence with multi-family zoning beside it and commercial across from it since the Council's recent action permitting auto body shops along Hibiscus. It was the consensus of the Board that Mrs. Murphy had a reasonable request and it would not be considered as spot zoning since it would be contiguous to an R-4 area, plus the area would be more consistent. The City Attorney reminded Mrs. Murphy that she should be aware that regard- less of the action the Board would take there are Florida Shores deed restrictions covering this type of construction and these covenants do not expire until 1985, however this would not affect the City, only the public and lending institutions. Mr. McKillop made a motion to send a letter to the City Council and set a public hearing for the rezoning of that property East and West on India Palm from 20th Street to 22nd Street, plus Lots 564, 565, 566, 628, 629 and 630 located North of 20th Street to the Lake from their present zoning classifi- cation of R-1B and R-2B single family residential to R-4 multi-family district. Mr. Wheeler seconded the motion and upon roll call the motion CARRIED 8-0. After further discussion by the Board concerning the public hearing being held by the Zoning and Planning Board or the City Council, the Board called for a brief recess of the meeting. After the meeting was called back to order Mr. Troian made a motion to table the matter until the next meeting, which was seconded by Mr. Kroman. However, after further discussion, the motion and second were withdrawn. Mr. Troian then made a motion to have the Board reconsider the previous motion voted on for further discussion. Mr. Kroman seconded the motion. Upon roll call the motion CARRIED 8-0. The Board discussed the rezoning being in compliance with the Comprehensive Plan and since it did comply Mr. Winter made a motion to send a letter to the Council and recommend they set a public hearing. Mr. Bennington seconded the motion. Upon roll call the motion DID NOT CARRY 5-3. Mr. Kroman, Mr. McKillop, Mr. Wheeler, Mr. Troian and Mr. Hetu voted NO. Mr. McKillop made a motion since the rezoning did comply with the Comprehensive Plan that the Zoning and Planning Board hold their own public hearing on November 18, 1981 and send a recommendation to the Council at that time. Mr. Kroman seconded the motion. Upon roll call the motion CARRIED 6-2. OLD BUSINESS Mr. McKillop gave a report on the "fact finding committee" which had been assigned to get citizen input concerning rezoning of the property along Indian River Blvd. to a restrictive business district. He reviewed the suggested permitted uses. Mr. Kroman questioned the committee diverting from their intended purpose and only submitting projections and opinions in lieu of citizen input. Mr. Kroman suggested a workshop for the Board's general input and made a motion to that affect, however there was further discussion regarding a workshop versus a special meeting, and he withdrew his motion. Zbning ~nd Planning Board llj4}8l -2- o o Mr. Troian made a motion to set a special meeting to discuss unfinished business on November 11th at 7:00 P.M., which was seconded by Mr. Wheeler. Upon roll call the motion CARRIED 8-0. The secretary was directed to advise the members the exact location of the meeting. The City Attonrey reported on the ordinances recently approved by the city Council. Ordinance 81-0-34 and Resolution 81-0-77 had not been approved by the Council and they had asked the Board reconsider and possibly amend them with changes. The Board discussed the ordinance and resolution at great length, especially covering the developer setting aside recreational facilities in the project to be used privately, or for public use, and/or the requirement for five percent (5%) in cash; the use of the recreational trust fund for capital improvements as well as land acquisition; the requirement for an M.A.I. appraisal only when there is a question concerning the land value; and to include "pseudo condominiums" under the subdivision ordinance. Mr. Sargeant, from the audience, questioned the liability and maintenance of land to be donated throughout the City by developers. The Board replied having "land or 5% cash" in the ordinance would give the City the option if a developer should choose to designate a recreational site that would be of benefit to the City. Mr. Winter made a motion to recommend the ordina~ce and resolution with the additional recommendations as added, to the Council for adoption, which was seconded by Mr. Wheeler. Those recommendations were: to include "public" preceding the word recreation or recreational throughout the documents; to change the words "recreational purposes or projects" to "recreational facilities"; to include "pseudo condominiums" in the title of the ordinance; in Section 3 of the ordinance to add "either/or an equal amount of dedicated land" after "the proposed subdivision or development..."; to include "in cases where there is a question of land value" after "appraisal shall be at the expense of the developer."; and include "capital improvements" as a purpose of the Recreational Trust Fund. Upon roll call the motion CARRIED 8-0. The City Attorney reported a letter from the Conti Family had been received stating the building addition in question on site plan SP-95 was to be used for their private use only and the matter should be referred to the Building Official to issue a building permit. The City Attorney also reported on a recent incident in which the emergency rescue units had a problem because the City does not have a uniform house numbering system and they were unable to respond quickly. He suggested the Board refer the matter to the Postmaster for a recommendation back to the Board for a solution for a uniform house numbering system. Mr. Troian made a motion to refer the matter to the Postmaster for a recommendation, which was seconded by Mr. Kroman. Upon roll call the motion CARRIED 8-0. Zoning and Planning Board 11/4/81 -3- ~ ~ o o . The city Attorney stated he had been asked by the Council to present to the Board the question of voluntary annexation by the Diocese of Orlando. Mr. Wheeler made a motion to table the discussion until the next meeting, which was seconded by Mr. Troian. Upon roll call the motion CARRIED 6-2. There was a brief discussion regarding the growth of the City and Mr. McKillop suggested the members drop by City Hall and review the status reports available. Mr. Bennington made a motion to adjourn, which was seconded by Mr. Troian. The meeting was adjourned. Minutes submitted by: Patsy L. McCann Zoning and Planning Board 11/4/81 -4-