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10-11-1974 o (.) ZONING AND PLANNING BOARD PUBLIC HEARING NOVEr-1BER 11. 1974 Chairman Robert Wolfe opened the Public Hearing. explaining the rules of procedure to the public. ROLL CALL John Brittingham William Glaser L. E. Ha rri s Thomas Loveland David Mc Callister James Mackie William Nichols Raymond Shambora David Wiggins Robert Wolfe Present Present Present Excused Present Present Present Present Excused Present The floor was given to Dan Cory. 1836 Orange Tree Drive.Edgewater. Florida. a Trustee of the proposed bank to be built. The bank is aSking for a rezoning of existing R-2 to B-3. two Lots. Block 7 & 8 in Tatum Park Subdivision to be rezoned B-3. These blocks consist of 2 tracts of land by 250 feet. There are roads on the easterly and westerly sides. These roads are platted subdivision roads but are not open. The purpose for this rezoning is to build a bank. which Edgewater has wanted and ~eeded for a long time. The floor was open to the public for questions and answers: What are the dimensions of the bank building? Mr. Cory answered that the exact dimensions have not been finalized but the tentative size is 70 x 75 feet. If the bank is not going to extend into the residentially zoned property. why rezone the area around it? Mr. Cory answered that in the future if the bank needs additional parking or expansion this should be planned for now. Why can't the bank be put on the other side of the highway. and why should the residentially zoned property be rezoned. when there is other business property to be built on? Is the bank going to face Thomas Street or the Highway? This has not been ascertained yet was Mr. Cory's reply. Mr. Hamel explained that the people purchased this land in hopes to build a bank there. They have to go through certain steps to get the permission to build the bank. but they had to purchase the land first. Mr. Hamel tried to explain that the parking space was to be land- scaped and attractive and not by any means an eyesore. Mrs. Turner did not object to the bank. but to the area around the bank being rezoned commercial. Can the bank be put there under the condition of future parking area expansion? ~ o o Mr. Weaver explained that it is the oplnlon of the Attorney General of the State of Florida that the conditional type of rezoning was not valid. There is no case law on this, just the opinion of the Attorney General. Mr. Weaver stated that he could do further research on this and write to the Attorney General again to see if such a case law has ever been recorded. . I Mr. Nichols stated that if it is rezoned, before anything can be built, they have to have a sight approval by the Zoning 3 Planning Board before a building permit is issued. After the permit is issued they have to follow exactly as they said. All other changes in the use,any rearrangement of the parking area, buildings, lots, any chan~es in the provisions of com- mon open space and all other amendments to the approved sight plan must be made by the City Council. There were many statements from the audience opposing the bank. Mrs. Turner presented a petition to the board opposing the bank. Mr. Shambora read a letter which was received from Mrs. Turner opposing the spot zoning. Mps. Turner, 118 Thomas Street stated that four men on the Zoning & Planning Board should disqualify themselves from voting on this recommendation because of their admitted conflict of interest. That the spot zoning is unfair to the residents in that area, when there is other commercial property which can be purchased and built on. Mr. Grover is agai~st the spot zoning for this bank because it will set a prescident. He used Jacksonville as an example of what spot zoning did to a city. Mr. Turner spoke in opposition to the spot zoning. Mr. Robert Scauarde spoke to the board to please think of the little people. Mr. Morris Johnson spoke in opposition to apartment houses being built in this area. Mrs. Robert Redding just wanted to be put on record as opposing the rezoning. Mr. George Ocello spoke against rezoning. Mrs. Rita Webber spoke against the bank where it is to be built but not against a bank in Edgewater. Mr. Walter Hellmann spoke against the rezoning. At this time t~e board recessed for a few minutes. Ray ~ambora spoke about the setback requirements. Mr. Wolfe said he was going to take the floor and make a proposal to the public. He stated that he ~/ould like to see tha bank built, but he would not vote against the people. His suggestion was to only rezone about lOa feet, which would leave a little room for expansion, but would cut down on the traffic flow on Thomas Street, which seems to be a concern. There was discussion amon~ the audience and Mr. Wolfe about this proposal. Mr. Mackie tried to explain that Mr. Wolfe is trying to get a compromise with the public. -2- ~ o o Mr. Sikes spoke in favor of a 130 feet extension to allow the bank to be built without having to rezone. Mr. Mc Callister spoke on the City progressing, and he doesn't think of it as rezoning, he feels it is more of extending a zoning that already exists there. He wishes the public would realize that if the bank does not go up, a warehouse or some- thing of this type could be put up there, and a bank would certainly be more appealing. Mrs. Turner talked to the public about the members of the board who could not be impartial on their voting, because they have conflicting interests. Mr. Weaver read from Chapter 74-177 House Bill, Conflict Dis- closure Law for the State of Florida. rrhis simply stated that if there are conflicting interests to an officials personal gain, he ~ abstain himself from voting on the matter. Mrs. Brittingham asked how many people are actually a~ainst the rezoning. Three (3) hands went up. Mrs. Webher asked if the bank people would accept this proposerl change? Mr. Cory stated that personally he would, but he couldn't speak for everyone involved. Mrs. Redding asked why the bank people don't ask for a variance to setback requirements, instead of rezoning at all. Mr. Wolfe asked how many people would be for rezoning 100 feet sothat the bank could be built? 25 for, 6 against. Mr. Brittingham made a motion to change 130 feet extonding from existing commercial property and rezone it as B-3. Mr. Mackie seconded the motion and they added that the board would recom- mend that the City would vacate 4th Street on this property. The motion and second were withdrawn. Mr. Brittingham made a motion - adj01ning the commercial proper~y that is being requested for rezoning we will make the request that 4th Street be vacated and Lots 11 through 20, Block 2, Totem Park Subdivision be rezoned from R-2 to B-3. Mr. Mackie seconded this motion. Roll call vote; Mr. Brittingham Yes Mr. Glaser Yes Mr. Harris Abstain Mr. Loveland Absent Mr. McCallister Abstain Mr. Mackie Yes Mr. Nichols Yes Mr. Shambofta Yes Mr. Wiggins Absent Mr. Wolfe Yes Motion Carried 6-0, 2 abstentions. 11r. Nichols made a motion to adjourn, seconded by Mr. Brittingham. This Public Hearing adjourned at 10:15 P.M.