04-04-1978 Public Hearing
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ZONING BOARD
PUBLIC HEARING (C.N. Hamel)
April 4, 1978
Chairman Wolfe called the Public Hearing to order at 7:42 in City Hall.
Chairman Wolfe explained that this Public Hearing is to hear all
interested parties on the C. N. Hamel property.
Mr. Hamel is asking that the property be rezoned from MH-l to R-4
and B-3. The legal description is attached to these minutes.
The general location of the property is between Pyramid Mobile Home
Park and Friendly Shores Mobile Home Park. The east side of U.S.#l.
The property owners were notified and the legal was in the New Smyrna
Beach News and Observer.
ROLL CALL
Mr. Nichols
Mr. Wolfe
Mr. Wiggins
Mr. Mackie
Mr. Bartholomew
~1 r. Sic i 1 i a n 0
Mr. Engle
Present
Present
Present
Present
Present
Present
Present
GUESTS
Florence Anderson, 1904 S. Riverside Drive
R.L. Williams, Box 674, Edgewater
Mrs. R.L. Williams
A.S. Schillings, 2351 S. Ridgewood Avenue
Charles H. Mann, 2351 S. Ridgewood Avenue
C.N. Hamel, 310 S. Riverside Drive
George B. Dexter, New Smyrna Beach
Richard Diamond, City Planner
Mrs. James Mackie Jr., 12 Lee Drive
Robert Christy, Mayor
Paul Loeffler, Building Inspector
Chairman Wolfe explained the way the the Public Hearing would be
handled. We will listen to the pros and cons, and each person will
be able to speak for three minutes for or against only one time.
Chairman Wolfe also stated that there will not be a decision made
tonight.
Mr. Dexter asked when will they know how they stand.
Chairman Wolfe stated that it would be in a few weeks. He went on
to explain that we have to have a meeting with the Planning Board.
Mr. Hamel asked if the planning of the City had not already been
decided?
Chairman Wolfe stated that they are in the planning stage now.
Mr. Hamel asked what was decided at the last Zoning Board meeting.
Chairman Wolfe stated that they decided to hold a Public Hearing.
We must hold a Public Hearing before any decisions are made by the
Zoning Board.
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Mr. Hamel stated that he did not think that there had to be two
Public Hearings.
Chairman Wolfe stated that the Zoning Board holds one and the City
holds another one.
Chairman Wolfe went on to say that the public is also invited to
the meeting where they will discuss this further.
At this time, Mr. Hamel made his presentation. He stated that he
would like at this time to talk on any objections that may come up.
He feels that his proposition is very clear.
Chairman Wolfe asked if there were any objections to this zoning
coming before the City.
Mr. Arthur Schillings of 2351 South Ridgewood Avenue, stated that
he is not speaking now as a member of the Planning Board. In the
first place, it is not clear what Mr. Hamel is going to construct
and put in the residential area as well as in the commercial area.
He went on to say that in the layout he has seen there is only one
entrance proposed in the entire development. He stated that he was
hoping to get a presentation on the plans so that we may know what
they have in mind. Otherwise, we are assuming something that may
not be true, and we are making assumptions based on lack of infor-
mation. He went on to say that under the zoning ordinance it is
suppose to show the approximate layout of buildings and other
highway type business and he feels that we do not need to have a
group of large shops along the entire stretch of U.S. #1. We have
some nice areas there that he would like to see limited to a neigh-
borhood type organization.
Chairman Wolfe asked what Mr. Schillings meant by saying that B-3
is tourist oriented? He said that B-3 is Highway Service Business.
Mr. Schillings stated that this is tourist oriented. He also stated
that this is basically transit.
Chairman Wolfe stated that this is basically for the people of the
City of Edgewater.
Mr. Schillings stated that his first preference would be to keep
the whole area residential.
Chairman Wolfe asked Mr. Schillings why he wanted two entrances?
Mr. Schillings stated as a safety factor. This is a proposed area
with over one hundred units and there is only one entrance in the
whole area and in case of a serious accident this could be a very
serious situation.
Chairman Wolfe asked Mr. Diamond the City Planner, if the new
concept is to have two entrances into areas. Mr. Diamond stated
that usually this will be circulated to the various department
heads and see what they say.
Mayor Christy stated that he has spoken to the Police Chief, the
Fire Chief, the local Civil Defense and the County Civil Defense
about this and they all have the same opinion that two entrances
would be better for safety.
Mr. Hamel stated that he is planning on a fifty foot street and
Florida Shores only has one entrance until you go all the way down
to 30th Street. However, he does not feel that this is that much
of an objection. He went on to say that he does not feel that the
man who is developing this will object to a second street. He does
not feel that this is a matter to discuss at this time. He thought
that this is a matter of Zoning. As far as the business goes, we
have B-3 all the way up and down that area now and he does not see
any reason why this property can not also be B-3.
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Mr. Hamel also said that he does not understand why a furniture store
was not included in B-2. This is one of the things that he would
like to have in there.
Mr. Dexter stated that this plan is only a preliminary plan. We
are trying to find out what land we have to work with, then the man
will come up with a plan for the Planning Board. All we want now
is to get the property rezoned.
Mr. Charles Mann, President of the Pyramid Park Corp spoke to the
board. He has the property adjoining this on the south. Mr. Mann
stated that he has no quarrel with changing the zoning from MH-1
to R-4 and that was the original notice that went out. This was
received by them on March'.llth. He stated that he noticed in the
paper on March 19th that it was going to be MH-1 to R-4 and B-3.
Mr. Hamel was good enough, however, to come down and bring him a
copy of the correction which was dated March 14th. We feel that
the first place that when he reads Ordinance 880 the application
must include the approximate location of the building to be put
on that land. It must show the character of the building and the
approximate gross area. On the plan that he has, he sees nothing
in the B-3 Section.
Mr. Hamel stated that he feels that it is an impossibility to be
able to tell you what is going into each building as you plan to
put them up and down U.S. #1.
Chairman Wolfe agreed with Mr. Hamel about this.
Chairman Wolfe stated that you will have to come up with another
drawing showing what you plan to put there. This must be done
within thirty days after the zoning has been granted.
Mr. Williams asked how much would be zoned business and how much
will be zoned R-4?
Chairman Wolfe stated that will be up to the Zoning Board.
Mr. Mackie stated that he thought Mr. Hamel was told that the plans
would have to be approved with the Zoning Board before he can go
ahead with anything.
Chairman Wolfe stated that this is correct.
Chairman Wolfe stated that the developer will have to give the board
an idea of what he will be putting in there.
Mr. Schillings asked if it would be unreasonable to ask someone who
is proposing this to give us an idea of the type of dwellings they
plan to put in the R-4 area?
Chairman Wolfe stated that he is sure that this will conform with
the building code.
Mr. Nichols stated that we do not tell anyone what type of building
he is going to have to build, as long as he meets the specifications
of the Ordinance.
Chairman Wolfe read what was required by the Ordinance.
He stated that he thinks that Mr. Hamel should get Belmont homes
and get a sketch into the board in a couple of weeks.
The Zoning Board will hold a meeting with the Planning Board next
Tuesday and they will discuss this matter again.
Mr. Hamel stated that he will have these plans at that time.
went on to say that he would like to express to everyone that
a man is going to put a half a million dollars into something
is not going to risk that kind of an investment.
He
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There was some discussion on the property to the south of this project;
how it would be zoned. This would be up to the Planning Board.
The Public Hearing was closed.
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· ':." p~~~;i 1 - Lot,6, sec~n 2, Township 18 South; "'-nge 34 East,
except the North 300 feet and except the South 500 feet and that
part of the West 1/2 of the Northeast 1/4 of Section 2, Township
18 South, Range 34 East; lling East of U.S. No 1 Highway and
: West of that part of Lot 6, described above, and parcel of
~ semisubmerged land described as follows: Filled and semi submerged
1 and 1 y i n.g E a s t e r 1 y fro m' U ~ S. Lot 6, See t ion 2, Tow n s hip 1 8
South, Range 34 East, except the .North 300 feet .and except the
South 500 feet; described as follows: Begin at the Northeast
corner of U.S. Lot 6; thence South 280. E along the East line of
said U.S. Lot 6 a .distance of 339.75 feet for a POINT. OF BEGIN-
NING; therice-North 620 East 243.08 feet to the West~rly right-
of-way line of the Intracoastal' Waterway thence S 260 14.' 5311
E along -s-aid Westerly right-of-way 1 ine 589.2 feet;- thence South
620 West 225.07 feet to the East line of U.S. Lot 6; thence North
280 West 588.94 feet to the POINT OF BEGINNING.
Lot 6 excluding North 300 feet and excl.uding South 500 feet and
3.2-Acres filled land East of same and West 1/2 of NE 1/4 Eas~ of
S.R. and riparian rights, Section 2, Township lB South, Range 34
East.
The No r t h 300 -f e e to. 0 f Lot 6 and the We s t .11-2 0 f N E 1 /4 E a 8 t 0 f
S.R:excldding North'2BO feet measured on Highway of West 397.26
feet and excluding N 100 feet measured on highway lying' East of a
1 i n e 397. 26 fee tEa s t 0 f Hi g h wa y-a n d fill e d - 1 and E a s t 0 f sam e .
Section 2, Township 18 South, Range 34 East.
Parcel 2 - A parcel of land lying in W 1/2 of NE 1/4 Sec. 2, T 18
S, R 34 E, and part of U.S. G6vt. Lot 6, Sec. 2, T lB S, R 34 E,
being more particularly described as follows: Commence. at-the
intersection of the N/L of W 1/2 of NE 1/4 Sec. 2, T-1B S, R 34 E
and the-East,R/W of U.S. Highway NO.-l, a 15B-f60t R/W as now
laid out, thence along said East R/W S 260 26'.E for -a dist. of
lOO-feet-for the P.O.B., thence~conti.nuing_ along ::sai-d_la.st _ h..
mention-ed-line.S 260 26' ~E for a-d-ist-. of 180 feet;~thence-E-ast.
and parallel to the North 1 i n e of W 1 / 2 of N E 1 /A - a for em e n t ion e d
! for a dist. of 347.49 feet, thence N 26026' E parallel to East.
i R/w of U.S. Hgwy. No.1 for a distance of 65 feet, thence East 50
fee t, - the n c e -N - 2 6 0 2 6' Wan d par all e 1 toE a s t R / W 0 f U. S. H 9 w y. No.
1 for a dist. of 115 feet,-thence East-and parallel to North line
of W 1/2 of NE 1/4 aforementioned and the North line said U.S.
Gov't. Lot 6 and lying 89.5 feet at right angles from said North
1 i n e U;-,S. Gov'" t. Lot 6 and W - 11 2 0 f N E 17 4 0 fad i st. -- 0 f 6 1 5 . 8
fe~t to thecWest bank.of Indian RiNet No~th, th~nce N 620E
250.86 feet-cto the- West R/W-of-Lntracoas.ta'l 'Waterway, thence N
260.14' 5311 -W a10ng~said 'Hest R/W 1 ine for a dist. of 22.66 f~et,
the nee S 6 2 0 W for -- a d i st. 0 f 2 5 1 .'0 5 fee t toW est ban k 0 fIn d 1 a n
River .North., thence East and-parallel to North line-of U.S.- Gov't.
Lot 6 and N/L W 1/2 of NE 1/4 aforementioned for a dist. of
6 3 5 ; n fee t ,- -- the nee S 2 6 0= 2 6 I - E and par a 1.1 e 1 . t 0 the East R I W of __
sa~d U.S_-Highway No:1 for -a dist. -of 2-2.34 feet-;,-'-thence--East for
a dist. of 377.49 feet-to Ea-st R/Wof said U.S. Highway_ No.1 and
the Point of Beg.
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