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12-02-1981 .1 u u ~. . .. CITY OF EDGEWATER ZONING AND PLANNING BOARD REGULAR MEETING December 2, 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 r - v V v Present~ Mr. Wallace, Mr. Nolan, Mr. Ben~gton, Mr. McKillop, Mr. Hetu, Mr. Wintef, Mr. Whe~ler. Mr. Kroman arrived late. Also Present: City Attorne~Clay Henderson, Planning Assistant McCann, City Manager Joe Mitchell. y' Mr. Troian, .....- Patti APPROVAL OF MINUTES Mr. Wheeler moved to approve the minutes of the November 18th regular meeting, seconded by Mr. Hetu. Mr. McKillop requested the minutes be changed to reflect that he had been Excused; additionally, on Page 3, under the committee report where Mr. MCKillop is mentioned, it should be noted that he was excused. Upon roll call, the motion CARRIED 7-1. Mr. McKillop voted NO. CITY COUNCIL WORKSHOP Roll call of the Council by Patti McCann showed that all members were present. Also present was Police Chief Earl Baugh. Mr. Kroman arrived at this time. The purpose of this workshop meeting was the discussion of Ordinance 81-0-34 and Resolution 8l-R-77. The City Attorney pointed out that the copy of the Ordinance that the Board and Council had in front of them was a revised copy that reflected the changes the Zoning and Planning Board had requested. He explained that the intent of this ordinance was to bring multi-family condominiums into the area of the subdivision ordinance. After some discussion of definitions, the 1egality of the ordinance was questioned. The City Attorney attempted to explain that they were working at the II frontiers of the law". He did say that if ,a,.,muni:cipali ty has developed a oomprehensive plan, then they will be more protected legally if an ordinance such as this is consistent with their plan. He said that it is important that the City make a value determination of whether or not and to what extent large scale development impacts the City. The City Manager suggested that there are specific standards for re- creation provided by a city, and that perhaps some research should be conducted to determine these standards. There was some discussion as to whether or not the 5% was an arbitrary figure, but Mr. Nolan explained that it was based on the Comprehensive Plan and its estimate of the developable land in the City. It was 'noted that there are still some deveiUopers who wcbuld escape even ~th.is ordinance, so the idea of an impact fee was discussed. The City AttOrliley explained that an impact fee could not discriminate, it would have to be applied to all. I';' Michael Brewer, an attorney from New Smyrna Beach, explained that a city in Broward County had. .based their impact fee on the number of bedrooms in a development. The City Attorney asked that the Board and' :Council do a study of population trends, present recreational facilities, an estimate of future recreational needs and projected costs. Mr. Kroman moved that the Zoning and Planning Board go on record as supporting the impact fee with the provision that further consideration be given to it, seconded by Mr. Winter. Upon roll call, the motion CARRIED 9-0. " L ~ \ 1 ~ Q o r - After some further discussion, Mr. Winter moved that in Section 2 of the Ordinance, under the definition of subdivision, the word pseudo-condominium be changed to add other multi-family concepts, seconded by Mr. Hetu. Upon roll call, the motion CARRIED 8-1. Mr. Kroman voted NO. Chairman Wallace requested that the Council provide their input. Council- man Lodico felt that a fee should not discriminate against anybody. Councilman Ledbetter passed. Councilman Pendleton felt that recreational impact was something that could not be measured, and that the City is ultimately responsible for the recreational facilities. Councilman Wilbur felt that some provision should be made for also charging the people who are already living here. He was in favor of doing the study. Mayor Christy felt that the residents already here have helped by paying taxes. He is in favor of an impact fee. Mr. McKillop moved that a subcommittee composed of Mr. Kroman and Mr. Winter work with the City Manager and the City Attorney to investigate and make recommendations for proposals concerning recreation, and report back to the Board, seconded by Mr. Wheeler. Upon roll call, the motion CARRIED 7-2. Mr. Troian and Chairman Wallace voted NO. There was a five minute recess. Mr. Winter left at this time. The next item under CORRESPONDENCE was a request from Doris Massey for an administrative rezoning of Lot 42, Alvarez Grant from PID to I-I. Mrs. Massey pointed out the property on the map. Mr. Howard Moore, Halifax Roof and Truss, was also present to request that his portion of Lot 42 also have the zoning clarified. The City Attorney asked if Mrs. Massey and Mr. Moore had received notice at the time that Ordinance 81-0-7 was advertised as concerned property owners. Neither recalled having received such notice. The City Attorney said that the legal description in the ordinance was done by the Zoning Board, and further, that there was no provision at this time for an administrative rezoning in the Zoning Ordinance. Mr. Kroman moved to table this matter pending acquistion of the data" needed by Patti McCann and the City Attorney, who will report back at the December 16th meeting, seconded by Mr. Hetu. Upon roll call, the motion CARRIED 8-0. SITE PLAN REVIEW Sketch Plan SP-99 was from Mr. Gary Dudash, National Organization of the New Apostolic Church of North America. They requested sketch plan approval for a church at 2934 Royal Palm Drive, presently zoned R-2B; and a re- commendation by the Board to amend the present zoning ordinance to allow a church in this zoning. The Church does not presently own the land. Michael Brewer was present as attorney to represent the Church. There was a discussion with regard to the Comprehensive Plan; Mr. Nolan pointed out Page 4-7, which state that the placement of facilities such as churches be considered on an individual basis. Mr. Benning pointed out Page 1-8, under Policies, that traffic generating activities be located away from local residential streets. Mr. McKillop quoted from Page 1-1, Paragraph #4. Mr. Wheeler moved to deny SP-99 on this property because it conflicts with the Comprehensive Plan, seconded by Mr. Hetu. Upon roll call, the motion CARRIED 8-0. The Board recommended that the Church look for property that has the proper zoning. Preliminary SP-IOO was made by James C. Carder to build a commercial mo~el home center on U.S.l on property zoned B-3. Chairman Wallace read the comments from Department Heads. The Board questioned Mr. Carder on what eventually will happen to the model homes. He stated that he plans to turn them into an office complex. Mr. Nolan moved to approve the premliminary site plan with the provision that with the final plan Mr. Carder will also provide a copy of his ap- plication to DOT and a sealed set of plans, seconded by Mr. Bennington. Upon roll call, the motion CARRIED 8-0. Zoning and Planning Board 12/2/81 -2- ~ u ~ . , ~ OLD BUSINESS Chairman Wallace read the reply to the Board's request for Department Head comments on Dr. Spiering's request. The City Manager had stated that the Department Heads had no comment at this time. There was a lengthy discussion about this request, and about Council's request that the Board establish restrictions for Dr. Spiering if this special exception'.is granted. The overall consensus of the ,Board was that they approved of the medical facility in that location. Mr. Bennington moved'that if the Council approves Dr. Spiering's request, the doctor be required to return to the Board for site plan approval, seconded by Mr. Wheeler. Upon roll call, the motion CARRIED 8-0. The City Attorney presented the new By-Laws to the Board. Mr. Wheeler moved to accept the by-laws and review them, seconded by Mr. Kroman. Upon roll call, the motion CARRIED 7-1. Chairman Wallace voted NO. Mr. Troian brought up the action that the Board had taken at their last meeting regarding the diocese property annexation. He felt the entire Comprehensive Plan had not been consulted in accepting this annexation, especially in regards to Page 1-1, Paragraph 4, which Mr. MCKillop had read earlier. Mr. Troian moved to rescind the action of the November 18th meeting, seconded by Mr. Wheeler. Upon roll call, the motion DID NOT CARRY 5-3. Mr. Wheeler, Mr. Troian, and Mr. McKillop voted YES. There followed a discussion of the Comprehensive Plan and developing some sort of guideline/checklist for the Board to follow in considering the Plan. Mr. MCKillop moved to set up such a checklist, seconded by Mr. Kroman. Upon roll call, the..mot~on CARRIED 6-2. Mr. Nolan and Chairman Wallace voted NO. NEW BUSINESS Chairman Wallace noted that everyone had received a Site Plan status re- port. He suggested that everyone review it. The City Manager showed the new maps the City had received. He requested that the Board study the maps for later approval. The City Attorney presented a letter he had received regarding the re- zoning of property owned by Mike Caldwell. He suggested they review it for discussion when Mr. Caldwell's attorney can appear before the Board. Mr. Wheeler moved to adjourn the meeting, seconded by Mr. Hetu. The meeting was adjourned. Minutes Submitted By: Cecelia Moore Zoning and Planning Board 12/2/81 -3-