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02-08-2023 City of Edgewater 104 N.Riverside Drive Edgewater,FL 32132 ,s City of ��GEtWATER Meeting Minutes Planning and Zoning Board Wednesday,February 8,2023 6:30 PM Council Chambers 1. CALL TO ORDER,ROLL CALL Present 6- Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird,Paul Wright and Chris Hatcher Also Present 3- Darren Lear,Sue Williams and Larry Wheatcraft 2. APPROVAL OF MINUTES A motion was made by Mr. Wright, second by Mr. Amalfitano, to approve the Minutes of the January 11,2023 meeting. The MOTION was APPROVED by the following vote: Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird, Paul Wright and Chris Hatcher a. Regular Meeting January 11,2023 3. OLD BUSINESS-PUBLIC HEARING 4. NEW BUSINESS-PUBLIC HEARING a. FP-2201 - Jessica Marcotte, requesting Fimal Plat approval for Edgewater Preserve Phase 1 Mr.Lear provided a staff report. Chairman Kennedy opened the public hearing. Joey Posey, 427 Nova Road, Attorney for the applicant stated is there are any questions he is available and stated this Final Plat is an administrative act. Mr. Hatcher recused himself due to conflict of interest. Mr. Hatcher stated his conflict of interest is with County and not the subdivision. Mr. Hatcher stated he resides at 625 Volco Road. Mr. Hatcher stated the notice and signs were not done properly. Mr. Lear stated they were done correctly. Mr. Hatcher stated he does not believe the plat is accurate, and the markers indicated on the plat are not there. Mr. Hatcher stated he knows the county is making the developer do a great deal of roadwork that will shift the drainage toward his property and that actually the roadwork is being done on his property. Mr. Hatcher stated the of site improvements have not been completed yet and according the Master Plan Agreement all off site road improvements have to be done before final plat approval, this is in section 6F. Mr. Hatcher stated in section 6J3 addresses drainage and this goes back to off site road improvements of the master agreement. Mr. Hatcher asked if the drainage aspect applies to off site road improvements. Mr. Posey stated he cannot speak to the notices, however; we have adhered to the State Statute, we only have to publicly post meetings and agendas per Chapter 177 and we have complied with that and it meets the letter of the law per Chapter 177. Mr. Posey stated he would defer to the Engineer City of Edgewater Page I Printed on 51112024 Planning and Zoning Board Meeting Minutes February 8, 2023 of Record regarding the markers. Mr. Posey stated the off site improvements have been bonded per the City of Edgewater Land Development Code and that is the assurance it will be completed as approved. Mr. Posey stated he will defer to the Engineer of Record regarding the drainage. Cody Bogart, Newkirk Engineering , Engineer of Record, stated all corner markers were approved by their surveyors including the county surveyors and including the right of way to the County. Mr. Bogart stated regarding the drainage they have full approval from St. Johns and County approval. The drainage flows east and still will. Mr. Hatcher stated his house is east and the road has expanded to his private property. Mr. Hatcher stated the County issued a permit on private property and the drainage is going to flow into wetland. Mr. Hatcher stated he is contesting the road construction has expanded onto his property. Mr. Bogart stated they were required to design it that way and he will be happy to look at Mr. Hatcher's concerns and meet with him. Mr. Bogart stated this has been approved plans through years of processes. Mike McQuarrie, Lennar Homes, 6 Pine Circle, New Smyrna Beach stated he and Mr. Hatcher have met a few times regarding the dispute and the dispute is with the County. Mr. McQuarrie stated a performance bond is for the public utilities on the site. The off site improvements are a separate permit with the County and the County will not sign off on the permit until all the improvements are complete. Mr. Posey stated these professionals put their licenses on the line and if it is a mistake of the developer, the developer has to address the issue. Mr. Rainbird stated he just went through this issue. Mr. Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Wright to recommend for approval for Item FP-2201. The MOTION was APPROVED by the following vote: Yes: 6- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird and Paul Wright Recused: 1- Chris Hatcher b. FP-2205 - Old Mission Key, LLC, requesting final plat approval for Oak Leaf Preserve,Phase 313. Mr.Lear provided a staff report. Chairman Kennedy opened the public hearing. Glenn Storch, Attorney representing the applicant, stated this is the last stage of a process. Mr. Storch stated there are very specific requirements that have been approved by Staff and City Council. Staff looks at a final plat and asks if it is consistent with the comprehensive plan, zoning, and the land development code and if it meets all these criteria it is now an administrative item and must be granted. It is an entitlement if the criteria are met. Mr. Storch stated he is ready to answer any questions. Jeremy (inaudible), 1718 Elizabeth St, lives right behind this development. He stated he is a building contractor and this area flooded before Ian. He stated he received a letter from the County that he needed to get flood insurance. He was never notified of this project. He stated the developers cleared the land before they had permits. Chairman Kennedy stated this project has been in progress for 5 years. Mr. Storch stated the typically every few years FEMA goes out and changes flood zones. Mr. Storch stated the Saint Johns Water Management District makes the final decision of water and storm water. Melodie (inaudible), 1718 Elizabeth St, stated the land clearers came onto their land and the swamp lands are being filling in. Cody Kidd stated he runs on Volco Road daily and he is concerned about wildlife being displaced. Anna Lee, 1756 Elizabeth Street, stated she did not get flooded bud did see runoff coming into their backyard. Ms. Lee stated due to the fill dirt City of Edgewater Page 2 Printed on 51112024 Planning and Zoning Board Meeting Minutes February 8, 2023 being higher where is the excess water going to go? She is concerned about flooding. Mr. Storch stated it met with the compliance of the land development code, the comprehensive plan, and zoning, and the concerns being discussed is about flooding due to a 1000 year storm. Mr. Storch stated f anything or anyone went over the property line Mr. Storch will work with those neighbors. Mr. Storch stated there are 2 issues, fear of flooding and the 2nd is trespassing. Mr. Storch stated the plat meets every single criteria. Chairman Kennedy stated this is the first time he has heard of these flooding issues. Mr. Storch stated he knew there had been some issues however everyone was complaining about flooding after the 2 storms. Mr. Storch stated if there is any evidence they have increased the amount of flooding their is potential litigation against the developer and he wants to be sure all the residents are taken care of regarding these issues. Robert (inaudible), 2080 East Gateway Drive, questions the code. He stated during Donna, there was waist deep water on Canal St. He stated the only way to fix Florida Shores is we need to pump water to the west. The canals were built years ago to go to the west, and now we need stronger restrictions. Mr. Amalfitano stated the problem is this was put into place S years ago and we did not have enough participation from the public at that time. Now it is too little too late. Mr. Rainbird stated we are here every month for anybody who does not know about the meetings. Mr. Robert Diori, 1760 Luna St, asked if there will be a continuation as he just found out about this today. Chairman Kennedy stated it will be on the City Council meeting the 1st Monday of next month. The City Council makes the final decision. Mr. Kennedy closed the public participation. A motion was made by Mr. Andrejkovics, second by Mr. Wright to recommend for approval for Item FP-2205. The MOTION was APPROVED by the following vote: Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird, Paul Wright and Chris Hatcher C. VA-2237 - Justin Frost, requesting a variance from the Land Development Code for property located at 1409 S.Riverside Drive. Mr.Lear provided a staff report. Mr. Wheatcraft provided staff findings not recommending approval. Chairman Kennedy opened the public hearing. Justin Frost, applicant, 4847 Ohio Ave, stated Mr. Wheatcraft has been very beneficial during this process. Mr. Frost stated he and his wife bought the property 2 year ago. The building was stopped due to the pandemic. Had he build at that times these variances would have passes. Mr. Frost stated his neighbors are ok with the variance. Mr. Frost stated the pool would be built up 4ft in line with the house to prevent flooding. Mr. Frost stated they moved the house back some and they will not be blocking anyone's view. Mr. Andrejkovics asked why he didn't want to move the house forward. Mr. Frost stated views would be blocked and they wanted a better view and he wanted to keep his children away from the street. Mr. Andrejkovics asked the size of the home. Mr. Frost stated hew worked hard to build that home for his family and the home is 8,000 sq feet. Mr. Andrejkovics stated he could understand after all that hard work why he wanted a better view. Chairman Kennedy closed public participation. A motion was made by Mr. Andrejkovics, second by Mr. Hatcher to approve Item VA-2237. The MOTION was APPROVED by the following vote: Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird, Paul Wright and Chris Hatcher City of Edgewater Page 3 Printed on 51112024 Planning and Zoning Board Meeting Minutes February 8, 2023 d. VA-2238 - Stephen Thrasher, requesting a variance from Article V of the Land Development Code for property located at 3440 Juniper Drive. Mr.Lear provided a staff report. Mr. Wheatcraft provided staff findings. Steve Thrasher, applicant, stated he purchased this home in 2021 and it is an odd shaped on a corner lot. There is only 31% of his property that he can utilize. Mr. Thrasher stated the house is 1990 sq. ft. with 3/2 bath. Mr. Thrasher met with an architechect to make the house longer and asked the City. At that time the City stated it should not be a problem. Mr. Thrasher asked the architect to finalize the plans and applied to the City regarding the variance. Mr. Thrasher paid $1000 to architect and he is just asking for S feet. If this isn't granted, he will have to go back to his architect. Mr. Thrasher stated had it been I year ago, he would have received the variance but now since the variance criteria has changed, staff has to recommend denial. Chairman Kennedy asked about the corner lot and verified with Mr. Lear the setbacks for corner lots are 2 front setback and 2 side setbacks. Mr. Andrejkovics stated he cannot agree with the recommendation the City has brought forward on this variance. Mr. Rainbird stated he is glad the applicant is going to build on this lot and make it look better. Mr. Rainbird stated this is why the Board is here, to reason through these items. Staff is doing their job. Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Rainbird, to approve Item VA-2238. The MOTION was APPROVED by the following vote: Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird, Paul Wright and Chris Hatcher e. Board Appointment - Recommendation to City Council due to the expired term of Eric Rainbird,who is seeking reappointment. Chairman Kennedy asked for a motion regarding the appointment of Eric Rainbird to the Planning and Zoning Board for another term. A motion was made by Mr. Amalfitano, second by Mr. Andrejkovics, to recommend for approval the Planning and Zoning Board Appointment of Eric Rainbird to City Council. The MOTION was APPROVED by the following vote: Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird, Paul Wright and Chris Hatcher 5. DISCUSSION ITEMS a. Department Directors Report Chairman Kennedy asked if there is a Director's Report. Mr.Lear stated none at this time. 6. ADJOURN City of Edgewater Page 4 Printed on 51112024 Planning and Zoning Board Meeting Minutes February 8,2023 There being no further business, the meeting was adjourned at 7:4 7PM City of Edgewater Page 5 Printed on 5/112024