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05-29-1973 o o ~ , MINUTES OF A PUBLIC HEARING HELD BY THE CITY OF EDGEWATER ZONING AND PLANNING BOARD ON MAY 29, 1973 Mr. James L. Budd, Chairman of the Zoning & Planning Board called the Public Hearing to order at 7:30 P.M. in the Courtroom of City Hall. ROLL CALL James L. Budd, Chairman Robert Fisher, Secretary Harry Broga Vic Vandergrifft Thomas Loveland James Mackie, Jr. Robert Wolf Present Present Present Present Present Present Present Secretary Fisher read the request from Mr. Carl Pointer for rezoning his property, he also read the legal advertisement from the Daytona Beach News Journal, for the purpose of a shopping center in a residential area. Chairman Budd informed the audience the Zoning & Planning Board had no jurisdiction over the requested variance for a change in the 25 foot height of building limitation. He stated they could make a recommendation to the City Council requesting they consider making this change, the only thing that can be acted upon tonight is the request to rezone lots 11 through 20, Block 2, Midway Park from residential to commercial. Chairman Budd asked the audience to come forward and look at the map so no one had any doubts about which property they would be discussing. Chairman Budd suggested the audience stand one at a time and give their name and address so the Secretary would be able to identify each person. Attorney Jeff Clark advised the Board he had been hired as the spokesman for the entire group present. Some may want to add something after I finish. Chairman Budd asked the audience to introduce themselves and give their address: Mr. Robert T. Morrow representing Paul M. Blanchard, 434 Palmetto Mr. Andrew Coscia, 433 Perdita Mrs. Powers, 529 Live Oak Mrs. Jean Bloom, 464 Palmetto-stated she was definitely against zoning this property commercial. Mr. H. C. Womack, 439 Palmetto Mrs. H. C. Womack, 439 Palmetto Mr. Harold H. Hall, 438 Perdita Mr. Donald Ramsey, 435 Perdita Mr. W. L. Lavender, 430 Perdita-stated he was against this type zoning. Mrs. W. L. Lavender, 430 Perdita-stated she was against this request. Mr. C. V. Stever, 434 Perdita (1) .~ . Q o Mrs. Sue Cunningham, 1~30 Palmetto-stated she was against it. Mrs. Kate Fryer, 1~58 Palmetto-stated she was against commercial zoning of this property. Mrs. Charlene Hall, 438 Perdita-stated she was against this being zoned commercial. Mr. Wm. J. O'Keefe, 1135 Palmetto-stated he just bought his home there and did not want any commercial zoning there. Mr. Frank Lenz, 443 Palmetto-stated he was definitely against changing this zoning. Mr. Charles Baldwin, 522 Live Oak-stated this was his back yard and did not want it to be a commercial zoned area. Attorney Clark requested a few minutes with the Board to express the views of his clients. He stated this is absolutely a spot zoning change which is illegal. Lots 11 through 20 at the present time, across the street on Palmetto are zoned residential, one block residential and then the shopping center. What Mr. Pointer is asking is to take one half of these lots from Live Oak to Palmetto and rezone them to commercial in that particular block. The owners bought this property on the grounds of it being a residential area, no one here ~Tould like to step across their yard into a store. I don't believe there is any indication of a need to convert this area to commercial zoning. We have a commercial section they could go another 100 yards to get to. It would take a real unique need to warrant this change. Certainly this Board must consider these residents and taxpayers. Mr. Pointer has stated no reason why he would lose money if he didn't get this variance. Now lets come back to one other thing, Mr. Pointer is asking for re-zoning not a variance, lots 11 through 20 to commercial zoning would strictly be spot zoning. I have certainly attempted to present the views of the people present. Chairman Budd said we will give all their reasons consideration. Our intent and reason is to hear everyones individual feelings. Mr. Frank Lenz said Mr. Pointer should tell us exactly what he wishes to do with this property. Mr. Robert Morrow stated that Florida is building up fast, I have been here one year and have seen many areas ruined by commercial zoning because a specific area grew too fast. Mr. W. L. Lavender stated if Mr. Pointer would explain what his plans are he could get a broader view of the request. Mr. Carl Pointer informed the audience he didn't intend to do anything but inhance this property. I want to see and read the ad that was in the paper. Secretary Fisher handed Mr. Pointer a copy of the ad.' Mr. Pointer asked if the Board could act on this request tonight. Chairman Budd informed Mr. Pointer they could make a recommendation to the City Council from the meeting tonight. Mr. Pointer requested the Board add lots 3 through 10 to the original request for rezoning. Chairman Budd informed Mr. Pointer nothing could be added without re-advertising. Mr. Pointer stated he did not intend to come back any further with the commercial building than the back of the existing shopping center. I have been negotiating with a cafeteria and a department store. ( 2 ) o o . ~ _. Mr. Frank Lenz asked Mr. Pointer who the store owners were. Mr. Pointer stated he was not a liberty to discuss the names. Mr. Thomas Loveland asked Mr. Pointer if there was a buffer zone between the shopping center and the property owners. Mr. Pointer said Lots 6, 7 and 8 will be backing into the back of the present shopping center, my shopping center will carry in the same lines. Mr. Wolf asked Mr. Pointer if he was planning to build the buildings himself in the commercial area. Mr. Pointer stated he would have the buildings built and lease them out. Mr. Wolf asked Mr. Pointer if he had any plans drawn up for the buildings. Mr. Pointer said the tennants furnish their own plans. Mr. Loveland said if the Zoning and Planning Board wished to explain this request it would be very difficult with the facts that we have. Mr. Pointer said he could get a letter of intent from the prospective tennants and if he didn't build the buildings the zoning would revert back to the original zoning. Mr. Fisher asked Mr. Pointer if he planned to have only two commercial buildings in this entire area in question. Mr. Pointer said there was actually enough space for three buildings. Attorney Clark asked Mr. Pointer what type parking facilities he had planned on. Mr. Pointer said he would have parking in rear of the property and in the present Winn Dixie parking lot. Mrs. Powers said there are little children in this area and we don't need any more traffic back there, also, we have a water shortage now, what would this do to the water problem. Mr. Pointer stated he wished to withdraw his request and re-submit it to include lots 3 through 20. Mrs. Womack asked Mr. Pointer if he would like,to be jammed into close quarters, and what about fire trucks, we don't have enough exits now. Mr. Pointer stated he bought this property in 1955, the City of Edgewater is not getting anything from this area, I am telling you now it is zoned for multiple dwellings now and I plan to build them there. Mr. Lavender asked Mr. Pointer what his plans were for the property between Perdita and the Railroad. Mr. Pointer stated a row of apartments facing the east backed up to the Railroad. Chairman Budd stated that Mr. Pointer had withdrawn his request and there was no need to continue this discussion. Minutes taken by Cornelia A. Kinsey Time of adjournment: 8:55 P.M. /