06-04-1986 - Public Hearing
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CITY OF EDGEWATER
PLANNING AND ZONING BOARD
PUBLIC HEARING
JUNE ',1986
6;00 P.M.
COMMUNITY CENTER
MINUTES
Chairman Wheeler called the Public Hearing to order in the Edgewater
Community Center, Wednesday, June 4, 1986 at 6:00 P.M.
The purpose of this hearing is to obtain public input in the consideration
of rezoning the Caldwell property south of Silver Ridge.
ROLL CALL
Members present: Jake Wheeler, George Quaggin, Fred Finn, James Mackie,
Paul Loeffler, Billy Klein and Nancy Blazi. Also present: City Attorney,
Jose' Alvarez, Assistant City Planner Lynne Plaskett and Secretary Debbie
Sigler.
Assistant City Planner Lynne Plaskett took a poll of the board members as
to whether they intended to take any action at this public hearing. It
was the unanimous consensus of the board that no vote would be taken this
evening. Tonight's meeting is to hear from the public; another meeting
will be held for making a decision. It was agreed to set this meeting
June 18, 1986.
Mr. Garthwaite,lO Lee Drive, spoke to the board in ob.~ction to this re-zoning.
He stated that the majority of the residents in Silver Ridge were informed
when they bought their homes there that the property south was zoned single
family residential. Mr. Caldwell requested and was granted a zoning change
on his property to RRPUD and for many years there was no action by him,
therefore the property reverted back to R-l. In regard to the present
request, the home owners in Silver Ridge have come up with some compromising
suggestions: 1) That there be a twenty foot utility easement between Silver
Ridge and the Caldwell property, known as Nob Hill, 2) an additional twenty-
five foot vegetation buffer be placed between the utility easement and Nob
Hill, 3) Single family residences be built behind or along side of the
following Silver Ridge lots, #1 Lots 12,13,14,15,16,17 and 37, Silver Ridge
#2, Lots 10,11,12,13 and 14, 4) the lots of the single family homes are
to remain 125 feet in depth, 5) to be sure there is no connection between
the roads in Silver Ridge and those of Nob Hill, 6) reduce the density of
Nob Hill from 292 to between 133 or 159 units, this is eleven units per acre
reduction, 7) all of the above and any additional conditions will be part
of deed restrictions and will remain applicable to the land regardless of
ownership.
Mr. Allen Watts, of Cobb & Cole Law Firm, Daytona Beach was introduced
as representative of Mr. Caldwell.
Mr. Perkins, 3 Silver Circle, spoke in objection to this rezoning. The main
objection is the 750 square feet homes. He brought out several issues that
need much consideration, such as traffic, water and sewer and flood control.
Mr. Watts was given the floor
meeting is for public input.
brought us to this point with
lawsuit and the Federal Court
at this time.
He reiterated
this rezoning
case that has
He clarified the fact that this
the entire process that has
request. He mentioned the
been prosecuted back and forth.
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Mr. Watts continued that this project will bring people into the City of
Edgewater and they will be just as concerned with what is happening to the
City as these people are now. He informed the public that he is here in
order to hear ideas and input and perhaps come to a compromise that will
be fair to everyone involved. He added that all of these things mentioned
such as water, sewer, traffic will have to be addressed, however they will
eventually increase whether it is because of Mr. Caldwell's complex or
someone elses. He spoke of the growth taking place presently in this area,
and the fact that no matter how the public feels about it, the density is
going to take place and it is better to plan for it now.
City Attorney Alvarez told Mr. Watts about Mr. Garthwaite's presentation,
suggesting that they get together and see if a compromise can be met.
Mr. Garthwaite commented, he would rather go over this with Mr. Watts in
public, therefore he was given the floor and he went back over his seven
points.
Mr. Watts stated that the first five matters have already been addressed,
he does not have the authority to deal with the sixth item without speaking
to Mr. Caldwell.about the density he feels he needs to recover the invest-
ment on the property. If we are talking about the recovery of his reasonable
investment that is one thing, if we are talking about extra profit in his
pocket, that is another thing entirely. Obviously someone who buys and
sells property does so in the hope of making a prdfit. He discussed the
size of the units, explaining there are a lot of retired people who choose
to live in smaller apartments due to the fact that they are not able to
take care of a large home anymore. Density does not have to be an enemy.
however if there is no need for this size residences they will not sell,
therefore Mr. Caldwell will not want to build something that is not going
to sell.
It was suggested that Mr. Caldwell do some research within this area as to
whether units of 750 square feet are selling on the market presently.
Mr. Watts agreed to take this list of compromises to Mr. Caldwell and dis-
cuss them with him. He will attend the meeting on June 18th bringing the
results of his conversation with Mr. Caldwell.
Mrs. Garthwaite, 10 Lee Drive, a resident in Silver Ridge for the past twenty-
two years, spoke in objection to this rezoning. She commented that the people
are looking for a well planned project. She asked for a response on the #7
item, regarding ownership of the property.
Mr. Watts responded that this is a reasonable request and he is in agreement
that any deed restrictions should remain with the property no matter who is
the owner. He suggested that the City Attorney should be consulted for legal
advice, because, although you do want certain restrictions on this property,
you want to make sure you don't restrict yourselves unnecessarily. Perhaps
the restrictions should be placed on the property so long as the property
remains zoned as such. He went on to explain that if you ever rezone this
again for someone who perhaps can afford to comply' with residential require-
ments you don't want to have deed restrictions standing in your way.
Mrs. Mercedes Hoffman spoke in argument with Mr. Watts opinion that retired
people are looking for an apartment with 750 square feet living area. She
expressed her feeling that you will get a caliber of people that is a little
different from people who live in a larger home.
Mr. Dan Troian, 8 Lee Drive, spoke in opposition to this, expressing his
opinion that since Mr. Caldwell purchased this property fourteen years ago,
he will make a profit without rezoning it and adding this much density to
a residential area.
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Zoning & Planning Board
Public Hearing
June 4, 1986
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Mr. Watts responded that he will talk to Mr. Caldwell about the unit
sizes, and he feels that if it is not going to sell he is not going
to want a lot of units that are not going to sell. However, he does
want to point out that although the property was purchased fourteen
years ago, there are a lot more expenses involved that did not exist
fourteen years ago. He also commented that if people in this com-
munity do not agree with the 750 square footage requirement, perhaps
there should be a change made in the ordinance.
Mr. Frank Opal, Florida Shores reminded the board of what has taken
place in the past regarding this entire situation, he spoke of the
lawsuit and stated this man does not want to build anything, he wants
to sell it...
Mrs. Blazi interrupted Mr. Opal, pointing out that we should be addressing
the request that is before the board. There is no need to go over all of
this past history.
Mr. Paul Jones, 118 Silver Circle, reiterated the feelings expressed by
the others, he is not in favor of multiple housing in this area.
Mr. Perkins was again given the floor, he spoke in regards to the 750
square feet, suggesting that an investigation be made by Mr. Caldwell
concerning the homes that are selling presently. He knows this size
living space is about half of what the average home owner is purchasing.
Assistant City Planner, Lynne Plaskett read two letter into the record
both of which were objecting to the rezoning. One letter being from
Mr. and Mrs. Kennedy, and one being from Mr. and Mrs. Anderson both
residing on Lee Drive.
Mr. Klein questioned the planned access into this development.
Mr. Watts showed him on the map where the road comes out unto the highway,
there is a buffer to keep the traffic separated from Silver Circle.
Mrs. Blazi asked Attorney Alvarez if this property could be zoned with
conditions attached, other than what is required already in our ordinances?
City Attorney Alvarez stated we are trying to reach an agreement with the
people of the City, the property owner and the City Council. If an agre-
ment is reached it will be embodied in an order from a Federal District
Judge, therefore we are not looking for zoning labels. We are looking
for a use of this property for some density higher than R-l, how much of
a density is what we are looking for.
Mr. Watts stated they would submit to any reasonable conditions and ask
the Federal Judge to put them in order and they will be abided by.
Mrs. Blazi stated that it is obvious that there is no one here who agrees
with the high desnity situation. She expressed her concern for this kind
of density no matter where the location might be. The impact on the City
at this time is a problem, due to the fact that we are not able to take
care of what we have. The law enforcement is under staffed, the utilities
the facilities are all areas that will be affected.
Mr. Watts explained they had to start somewhere, this is just a starting
point.
Mr. Mackie commented that the board has a job of deciding what will be best
for everyone. He stated the property fronting the highway is zoned B-3 and
he feels it should remain B-3.
Mr. Watts stated that this is understood.
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Zoning & Planning Board
Public Hearing
June 4, 1986
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Mr. Mackie said the board is going to try to do the best they can for
the people who live in Silver Ridge and the City.
Mr. Watts added that it is his responsibility to see to it that Mr. Caldwell
does the same thing.
Mr. Finn reiterated the problem seems to be the 750 square feet.
Mr. Watts, again stated he would take this back to Mr. Caldwell.
Assistant City Planner, Lynne Plaskett asked the public and Mr. Watts
how they feel about duplexes.
Mr. Watts said that Mr. Caldwell did consider duplexes, or lower density
on the side of the property closer to Silver Ridge, going to higher
density as you get farther from Silver Ridge.
Mr. Garthwaite spoke in regard to duplexes. His suggestion was to use
duplexes and single family residences all throughout the complex, with
the single family residences nearer Silver Ridge.
Mrs. Blazi said some cost figures would be needed in all fairness.
Mr. Watts said it will be some time before ground will be broken.
He spoke of the impact fees and the growth that Edgewater will experience
in the future, with or without this project.
There being no other comments, Chairman Wheeler called for a motion to
recess this meeting until June 18th.
Mrs. Blazi made the motion to recess until June 18th at 7:00 P.M., being
seconded by Mr. Mackie. Motion CARRIED 7-0.
Meeting adjourned, 7:00 P.M.
Minutes submitted by:
Debbie Sigler
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Zoning & Planning Board
Public Hearing
June 4, 1986