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11-18-1981 . ~ o CITY OF EDGEWATER ZONING AND PLANNING BOARD REGULAR MEETING November 18, 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 7:00PM in the Community Center. ROLL CALL Present: Members Wallace, Kroman, Wheeler, Troian, Bennington, Winter, and Hetu. Mr. Nolan arrived late. Also present: City Attorney Clay Henderson, Patti McCann, Planning Assistant, and Cecelia Moore, Secretary. APPROVAL OF MINUTES Mr. Wheeler moved to approve the minutes of the November 11th special meeting, seconded by Mr. Winter. Upon roll call, the motion CARRIED 7-0. Chairman Wallace explained a copy of the order of precedence which was passed out' to the members of the Board. The order has been taken from Robert's Rule of Order. He said that meetings will be conducted according to these rules. PUBLIC HEARING Chairman Wallace opened the public hearing, which was for the purpose of considering an application to rezone the Lots East and West on Indian Palm Drive 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 classification of R-IB and R-2B Single Family Residential to R-4 MUlti-Family District. Chairman Wallace pointed out the areas on the map, noting that the lake is a natural buffer, between this property and B-2 zoning. Mr. Daniel Holahan, a realtor in the area, pointed out that the present zoning has been a problem. Single family homes in this area have been difficult to sell. Mr. Hetu moved to close the public hearing, seconded by Mr. Kroman. Upon roll call, the motion CARRIED 7-0. Mr. Kroman moved to recommend to.the\:Council that the petition for re- zoning be granted, seconded by Mr. Winter. Upon roll call, the motion CARRIED 7-0. OLD BUSINESS ~ Regarding the Spiering Exception, the Council has requested that the o o Board decide whether or not the ordinance could be changed to allow a medical facility as a special exception within the R-lB zoning ordinance. The secretary read a letter from the City Manager explaining each of the Council's requests. Chairman Wallace pointed out that under~khe professional classification are requirements, restrictions, setbacks, parking, etc., covering this matter so it will not be necessary for the Board to address those questions. Mr. Hetu moved to refer this request to Department Heads for their remarks. He felt that it would be good to do this at this time because the highway that Dr. Spiering's property is on only has sewer to a certain point. Mr. Hetu further moved that the report of the Department Heads be brought back before the Board at their December 2nd meeting. This was seconded by Mr. Kroman. There was a discussion among the Board as to why this had come back before the Board, and exactly what the Board is bound to do in regard to requests from the Council. Mr. Nolan felt that Dr. Spiering did not understand what the special exception meant, and that is why he went before the Council. The City Attorney said the Council feels that if a special exception is granted, special conditions should be attached to it. Mr. Winter felt that Dr. Spiering is willing to wait, because in a month or two the question of rezoning that whole area will be decided. Chairman Wallace read a letter from the Florida Shores Property Owners' Association, which had also been read at the November 16th Council Meeting. It states that it is the opinion of the Association that Indian River Blvd stayed zoned the way it is. The City A~torriey reminded the Board that they had thirty days to make a recommendation to the Council, after which the Council can tiake its. own I.action. Chairman Wallace felt that this matter should wait until Dr. Spiering presented them with a site plan and had it approved. Upon roll call, the motion to refer the request to the Department Heads for review and hear back from them at the December 2nd meeting, CARRIED 6-2. Mr. Bennington and Chairman 'Wallace voted NO. In regar~s to the Diocese Annexation, the Council has requested that the Board decide whether or not this annexation conforms with the Comprehensive Plan. Mr. Daniel Holahan, who is representing the Diocese in this matter, spoke. He announoed that at this time the Diocese would like to separate the question of zoning from the request for annexation. The City Attorney said that he had researched this matter and it was his opinion that at this time it would be inappropriate for the Board at this time to consider the question of zoning. Mr. Hetu moved to recommend .to the Council to.delete Section 3 from Ordinance Sl-O~40, which p~rtains to the zoning of the Diocese property. This was seconded by Mr. Winter. Zoning and Planning Board 11/lS/Sl -2- . ~. o o Upon roll call, the motion CARRIED 8~0. The City Attorney told the Board that Ordinance 81-0-40 has been passed on the first reading at the November 16th Council meeting. Because of this the legal ads in the newspaper will contain the Section, but at the public hearing, it will be deleted. On the question of whether or not this annexation conforms with the Comprehensive Plan, Mr. Nolan quoted from the Plan, Page 1-11, Item #4, which reads: "Consider areas for annexation only if those areas can be efficiently served by governmental services." Mr. Nolan feels that annexation is one area that needs to be studied when the Compre- hensive Plan comes up for review. After some further discussion on whether or not a motion should be made or whether this question was a legal one, the City Attorney explained that the Comprehensive Plan is not a matter of law; the Zoning and Planning Board determines conformity or non-conformity. Mr. Nolan moved to recommend to Council that this annexation meets the Comprehensive Plan, seconded by Mr. Bennington. Upon roll call, the motion CARRIED 8-0. In regards to Condominium Ordinance 81-0~34, the Council has requested a joint meeting with the Zoning and Planning Board. Mr. Wheeler moved to invite the Council to a joint meeting on December 2, 1981, seconded by Mr. winter. Upon roll call, the motion CARRIED 8-0. There was a committee report from Mr. Hetu concerning the Industrial Development Board's rezoning request. He explained that he, Mr. McKillop, and Mr. Siciliano had gone out to look at the property. Repassed out a map showing the specific area that the Industrial Development Board wishes to see rezoned. There was some confusion about exactly which piece of property was under discussion. Because Mr. Siliciano was not there and the matter could not be resolved, Mr. Winter moved to TABLE this until the questions could be answered. This was seconded by Mr. Wheeler. Upon roll call, the motion CARRIED 8-0. The City Attorney explained that the Zoning Ordinance Amendment Review has been submitted to Council, that 30 days has lapsed, so that it has now corne back to the Zoning and Planning Board. The Board cannot send it back to Council without another public hearing. Mr. Winter moved to hold a special meeting to work on this. There was some discussion as to the date of the meeting, which was tentatively set for December 9th. The motion was seconded by Mr. Wheeler. Upon roll call, the motion CARRIED 8-0. Mr. Wheeler moved to adjourn the meeting, seconded by Mr. Kroman. The meeting was adjourned. Minutes submitted by: Cecelia Moore Zoning and Planning Board 11/18/81 -3-