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06-20-1984 , . o Q Planning CITY OF EDGEWATER and Zoning Board Regular June 20, 1984 Minutes Meeting Chairman Bennington called the regular meeting to order at 7:05 p.m. in the Community Center building. ROLL CALL Members present: Messrs. Bennington, Stewart, Wheeler and Mrs. Thomas. Excused: Mr. Chenoweth. Absent: Messrs. Finn and Quaggin. Also present: City Attorney Jose' Alvarez*, Mr. Terry Wadsworth, Utilities Superintendent, and Mrs. Taylor, Secretary. *Mr. Alvarez arrived to the meeting at 7:20 p.m. APPROVAL OF MINUTES Approval of the minutes for the June 6, 1984 meeting was tabled until the next regular meeting. Mr. Stewart motioned to approve the minutes of the June 11, 1984 meeting. Because Mr. Wheeler and Mrs. Thomas were not present at that meeting, Mr. Stewart withdrew his motion to approve and approval of these minutes was tabled until the next regular meeting. Mr. Bennington pointed out a typographical error on page 6 and asked that it be corrected. Chairman Bennington also asked the secretary to listen to the tape to clarify whether or not the Board members had included the Jose's Pizza property be reviewed by the Building Official. This may call for a revision of page 7 of the June 11 minutes. OLD BUSINESS Review annexation of Fong property - A motion was made by Mr. Wheeler and seconded by Mr. Stewart to table the discussion of the Fong property annexation until the City's attorney, Mr. Alvarez, arrived to the meeting. The motion to table CARRIED 4-0. Review Artic~eII - Defin~tions - Mr. Bennington said that two of the Board members who are working on something special regarding the defini- tions are not present~ and Mr. Stewart reported that he was working on the parking but it is not completed. Therefore, Mr. Wheeler made a motion to table this item. The motion was seconded by Mrs. Thomas and CARRIED 4-0. NEW BUSINESS Application by Dr. James Davis to rezone property located at 618 N. Ridgewood Avenue from B5 to B3 Dr. James Davis was present to speak to the Board about his proposed plans. He introduced Pastor Fred Gorini, head of the Living Word Church. Dr. Davis explained that Melvin Fields, who currently owns the property, and he have reached a contract, pending the rezoning. Plans are to move the existing health center within the next two years to the old Winn Dixie building in Edgewater. The structure is 16,000 square feet. The health spa would require 10,000 square feet and the balance would be occupied by the Living Word Church. Dr. Davis commented that the existing structure is very beautiful inside. The average age of his members is 45; about 65 per cent of the members are women. The proposal is to make the new building and grounds even nicer than they have now at the existing site. Plans call for there to be a pool, spa and whirlpool sauna, and possibly a racketball court. The work will proceed in phases; the first step will be to put in the whirlpool sauna and the swimming pool. Dr. Davis said the property would be upgraded with landscaping on the (.) o south and north ends and throughout the parking area. The applicant explained that the church is now meeting at the spa on Sundays. Otherwise there is no connection between the spa and the church. The subject of the existing tenants was brought up. Dr. Davis said that they would honor the leases which are in effect now. The lease for the Eagle store is coming up in November. Leases for the pinball place have just been signed. This is a 5-year lease. Mr. Wheeler asked about the tax exempt status of the church. Mr. Benning- ton asked if this was just for property which they own. Mr. Wheeler said he was advised that the owner of the site can get an exemption for the amount of space that the church uses. Dr. Davis said that he was not aware of that. He pointed out that with the improvements to the property the appraisal value of the property should go up substantially, therefore the tax base would be raised. He agreed to look into this matter further. Mr. Bennington pointed out the requirements of Sec. 715, and read the seven items listed. Mr. Stewart commented that Palmetto Street was recently paved and at that time a drainage system was put in. The . landscaping required was also discussed. Mr. Stewart pointed out that the landscaping would have to be low profile because of the proximity to u. S. 1. Dr. Davis said there was an urgency for more space for the church and asked if the church could be permitted to use the building before the rezoning went through. He was advised that this was not possible. Dr. Davis was advised to come in with a plan showing those items required by Sec. 715. It was explained to him that after Planning and Zoning review and recommendation, the request for rezoning must be advertised and go before City Council for two readings. Before the meeting with the Planning and Zoning Board the plan must have department head review. Mr. Wheeler made aomotion to remove the Fong property annexatfon from the-: table. Mr. Stewart seconded the motion, which CARRIED 4-0. Review annexation of Fong property Chairman Bennington acknowledged that City Attorney Alvarez and Mr. Terry Wadsworth were present to answer questions regarding the annexation request. Mr. Bennington read the letter from Mr. Wadsworth dated June 12, in which he stated it was impossible for him to guarantee utilities to the Fong property, but in all likelihood service could be made available to the property in the not too distant future. Mr. Bennington also read the letters submitted by Mr. Jefferson Clark, attorney for Mr. Fong, which were dated February 13, 1981 and November 12, 1980, stating that the annexation of this property would not create an enclave. Mr. Clark advised that Mr. Fong has no plans for immediate development of the property. If required, they would be willing to stipulate that they would not request the services for a period of two years. He reiterated that the letters attest to the fact that annexation of the property does not create an enclave. Mr. Clark presented a plan to the City Attorney and the Board showing the property, and pointed out that portion of the property which abuts the City limits, which is just south of Pyramid Park. Mr. Clark agreed that it did create a County enclave, but that does not affect the City. Mr. Wadsworth advised that the City Council will hold special meetings for the next two weeks with the new engineering firm to set a contract for feasibility study to expand the water plant. The City has very immediate problems. Planning and Zoning Board June 20, 1984 - 2 - .~ ~ o City Attorney Alvarez asked how many Board members were present and was advised that there were four. He advised that in that case, the By-Laws call for a unanimous vote to approve a motion. Mr. Bennington checked the Planning and Zoning Board By-Laws and found that a quorum shall con- sist of four members; when voting, the vote of three members who are eligible to vote are sufficient to decide matters before the Board, pro- vided there is a quorum present. Mr. Bennington said that the By-Laws had gone to Council for review and approval. After studying the By-Laws Mr. Bennington said that the By-Laws do need to be changed. Mr. Alvarez said that he has brought this point out - that a unanimous vote is needed - so that the applicant is aware of it. Mr. Alvarez said that as far as the availability of City service and the development intent of the applicant, they could ask for a develop- ment agreement as to what type of development it will be. This will establish the future need of the services. It needs to be established then when the City will be able to provide those services. There sh~uld be no express representations as to City services until they are avall- able. Mr. Alvarez referred to State Statute, Chapter 171, which is the exclusive method for municipal annexation. There are two types of annexation, involuntary and voluntary. with voluntary you must determine the owner. It states also that you may not annex if it creates an enclave. He noted that the south border is full of enclaves. He pointed out that a recent decision declared that a County enclave within municipal limits is not prohibited by the voluntary annexation, especially if there is a County or State road that has access to that piece of property. Chapter 171 prohibits an enclave of City property into the County. This would be no different than all the other enclaves down there. The issue is to square off all the boundaries and eliminate the County enclaves. As far as being contiguous to the City, there is only a little piece which adjoins the City. The property is surrounded by County enclaves; it is not sur- rounded by widespread County property. Mr. Alvarez said the important issue is the services and what agreement they want to enter into. Mr. Clark said that the proposal is for the 275 feet along the highway to be B-3 and the rest would be single family, R-l. Chairman Bennington said that the County R-3 zoning is 4.35 units per acre and the City's R-l density comes to about 3.6 units per acre. Mr. Clark advised that there are 20.20 acres in the piece under consideration. with the B-3 on the highway, Mr. Bennington stated it would be; approximately 275,000 square feet, leaving approximately 14 acres as R-l, which would accommodate approximately 46 homes. Mr. Wadsworth said there are 160 homes in Wildwood; this site is comparable to Shangri-La, which has 56 duplexes. Mr. Wadsworth said that ten percent of the plant now is committed to the Florida East Coast Railway; that is 400 equivalent residential connections which comes out to 144,000 gallons per day. He stated that they do not commit capacity to anything until formal application with the D.E.R. is made. Mr. Stewart asked if they know what the B-3 was to be used for. Mr. Clark said that nothing is on the drawing board. Mr. Bennington pointed out that in addition to the many businesses permittied in B-3, the construction of duplexes and multi-family dwellings, including townshouses and cluster- housing is included as a special exception. If they get the special exception they must comply with the R-4 zoning. The City Attorney said that you then have the question of integrity if you have mUlti-family next to the R-l. Chairman Bennington suggested that if the Board is concerned that the owner will end up asking for a special exception in the B-3, perhaps the recommendation should be that the whole property be made R-l. That would limit it to about 85 homes. Mr. Clark argued that under R-l it would delete any commercial aspects along the highway, which is generally accept- able in Edgewater. Any multi-family request would need to come back before the Board. Mr. Alvarez explained that a special exception is a permitted use, and if the applicant meets the exceptions then the burden shifts to the Board to say, No. If the Board has no valid reason to deny the special exception it would be granted. Perhaps the Board snould consider an amend- ment to the B-3 and remove multi-family as a special exception. Planning and Zoning June 20, 1984 - 3 - -~ o o Mr. Alvarez suggested to Mr. Clark that he should just go with the R-li in the future if he wanted to go for rezoning to B-3 he could then do so. Chairman Bennington said that they would have a better chance to build the front as business if he had the plans to build R-I there, rather than to have a blanket B-3. Attorney Clark asked the applicant if he had any objections to going with the R-I at this time. Later on, if plans develop for any commercial busi- ness, they could come back to the City. to change the frontage on the high- way. Mr. Fong said he would accept that proposal. Mr. Stewart made the motion that the subject Fong property be voluntarily annexed into the City of Edgewater under the R-I, Single Family Residence zoning subject to the applicant presenting an agreement to the City regard- ing the demands for the water and sewer, ie, they will not require service from the City for the next two years, unless the service is available prior to that time, and deeds showing ownership are to be provided. City Attorney Alvarez had a few points to introduce which' is:.called:petition for__YoluntarY-cAnne~ation and a statement that they are the owners giving a legal description and attach the deed to it. They will attach the agreement of understanding. Mr. Bennington pointed out that the motion did not have an implied agreement that there will have to be water after two years. Mr. Wadsworth said he certainly felt that the City could provide service there after two years. He did not consider this to be a substantial impact. The closest line how is a 6-inch line in front of Pyramid and Silver Ridge. There is a 6-inch on each side of the road. Mr. Wheeler seconded the motion. Upon roll call, the motion CARRIED 4-0. MISCELLANEOUS Mr. Bennington read the secretary's note advising that there is a request for a special meeting, asking if the Board wishes to hold a special meeting. Mr. Wheeler did not favor a special meeting. After some discussion the members agreed to try for a quorum for the next Wednesday night, June 27th. Mr. Wheeler said he could not be present that night. The secretary was asked to check with the other Board members and if there were enough members present for a quorum the Special Meeting could be held. Mr. Wheeler raised the subject of the By-Laws, recommending that the Board correct them as they pertain to the quorum and voting. The members agreed this should be on the agenda for the next regular meeting. There was discussion about the request for zoning change which came before the Board this evening. Mr. Bennington felt there should be department head input on a rezoning request. The meeting was adjourned at 8:50 p.m. Minutes submitted by Joan Taylor Planning and Zoning Board June 20, 1984 - 4 -