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12-12-2007 Ý×ÌÇ ÑÚ ÛÜÙÛÉßÌÛΠд¿²²·²¹ ¿²¼ Ʊ²·²¹ Þ±¿®¼ λ¹«´¿® Ó»»¬·²¹ ó É»¼²»­¼¿§ô Ü»½»³¾»® ïîô îððé êæíð °ò³ò 1.CALL TO ORDER Chairman Vopelak called to order the Regular Meeting of thePlanning and Zoning Board at 6:30 p.m., December 12, 2007 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2.ROLL CALL Members present were Edwin Vopelak, David Ross, Dave Leonard, John Weiss and Pat Card. William Miller was excused. Also present were Development Services Director Darren Lear and Planning Technician Bonnie Wenzel. 3.APPROVAL OF MINUTES Mr. Weiss moved to approve the minutes of September 12, 2007 as read, second by Mr. Leonard. MOTION CARRIED 5-0 PUBLIC HEARINGS OLD BUSINESS 4. None at this time. 5. NEWBUSINESS a.CPA-0705– Carl Carder requesting an amendment to the Future Land Use Map to include 29.65± acres of land located atthenortheast corner of US Highway 1 and Godfrey Road as Commercial with Conservation Overlay and Low Density Residential with Conservation Overlay. ChairmanVopelakopened the public hearing. Mr. Lear provided background information and staff’s recommendation. Mr. Card asked if the properties along Godfrey Road would be consistent with the properties across the street. Carl Carder stated they would not be track homes, but more upscale. Mr. Card stated the project did not appear tobe consistent with the neighborhood. Mr. Lear reminded the Board they were just looking at the Future Land UseMap amendment. Mr. Leonard asked about theConservationOverlaydesignation and how they could approve the request. Mr. Lear explainedthatthe Conservation Overlay was basically a flag for staff to require an environmental study to determine if there are any environmental issues associated with the site.If there are any issues they would be addressed, if not the underlying Future Land Use designation would prevail. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card to send a favorable recommendation to City Council for the amendment tothe Comprehensive Plan Future Land Use Map to include29.67± acres of land located east of US Highway 1 and north of Godfrey Road as Low Density Residentialwith Conservation Overlay and Commercial with Conservation Overlay, second by Mr. Ross. MOTION CARRIED 4-1, with Mr. Leonard voting NO. b.CU-0704 – Matthew Porter requesting a Conditional Use Permit to allow light manufacturing at 2529 Guava Drive. Chairman Vopelak opened the public hearing and Mr.Lear provided background information on the request. 1 12-12-07 p&z minutes Ý×ÌÇ ÑÚ ÛÜÙÛÉßÌÛΠд¿²²·²¹ ¿²¼ Ʊ²·²¹ Þ±¿®¼ λ¹«´¿® Ó»»¬·²¹ ó É»¼²»­¼¿§ô Ü»½»³¾»® ïîô îððé êæíð °ò³ò Mr. Card stated he originally had concerns about thisrequest, but spoke with the Fire Chief and no longerhasa problem with this. Mr.Weissaskedwhattype of fire protection would be installed. Mr. Lear stated the entire building would be sprinkled. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card to approve theConditionalUseto allow an alcoholic beverage distillery to be permitted in the B-2 (Neighborhood Business) zoning district, second by Mr. Weiss. MOTION CARRIED 5-0 c.VA-0711 – Michael Brooks, requesting a variance from theCity of Edgewater Land Development Code Article III for property located at 118 Rio Vista Drive. Chairman Vopelak opened the public hearing and Mr. Lear provided background information and staff’s recommendation. Chairman Vopelak also entered into the record two (2) letters requestingtheBoarddenythe variance request. Mr. Leonard stated that one of the letters of dispute was copied to an attorney and the owner of the vacant lot behind the subject parcel would have to disclose a defect to any potential buyer due to the variance. Mr. Ross felt this would improve the value of the property. Mr. Card called the question at this time. Mr. Ross askediftheycould require a six (6) foot privacy fence. Mr. Lear stated the Land Development Code has requirements for fences around pools. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card moved to approve the following variance from the City of EdgewaterLand Development Code: Article III, Section 21-36.10(d), to allow a rear setback of five (5) feet in lieu ofthe required 10-feet for a swimming pool and deck, for propertylocatedat 118 Rio Vista Drive, second by Mr. Weiss. MOTION CARRIED – 4-1, with Mr. Leonard voting NO. d.VA-0712 – Edgewater River Front, Inc. requesting a variance from the City of EdgewaterLandDevelopmentCode Article V for property located southwest of the intersection of US Highway 1 and Edgewater Lakes Drive. Chairman Vopelak opened the public hearing and Mr. Lear provided background information and staff’s recommendation. Chairman Vopelak entered a letter of objection into the record. Ken Hooper , 200 E. Robinson St, Orlando, addressed some of the issues raised in theletterofobjection.Hestated they are currently talking with FDOT about relocating the median cut. Mr. Card asked if the commercial development was partof the original Edgewater Lakes PUD Agreement.Mr. Hooper stated it was. Mr. Card stated the retention on-site was a big issue with this project. Mr. Hooper statedthe issuewaswith the compensating storage and that the compensating storage for the residential portion of the project was located on the commercial site, and that would not change. Jason Gambone , 185 Cypress Point Parkway, Palm Coast stated therewas only one way in and one way out of the residential area. He is asking the commercialdevelopertoseek a full median cut or at least a directional cut. He added that there was no objection to the variance, they wereonlyconcerned about delivery truck traffic and would 2 12-12-07 p&z minutes Ý×ÌÇ ÑÚ ÛÜÙÛÉßÌÛΠд¿²²·²¹ ¿²¼ Ʊ²·²¹ Þ±¿®¼ λ¹«´¿® Ó»»¬·²¹ ó É»¼²»­¼¿§ô Ü»½»³¾»® ïîô îððé êæíð °ò³ò like to see it directed to US Highway 1 rather thanEdgewater Lakes Boulevard. He added that the ponds were another major issue. Mr. Card stated for the record that he has known Mr. Gambone for 20± years. Mr. Hooper discussed the status of the ponds. He added that they will look into creating a cul-de-sac, but that Edgewater Lakes Boulevard was designed to handle the commercial traffic. Mr. Ross asked if there was a turn lane from US Highway 1. Mr. Lear stated there was. Mr. Ross then stated the retentionwasnotuptotheBoard and that he had no objection to the variance request. Mr. Lear stated the City Engineer would review the site plan. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Ross to approve the variance request fromthe City of Edgewater Land Development Code, Section21-52.02(c)to allow a driveway to be located closer than 660-feet to an intersection on an arterial roadway, second by Mr. Card. MOTION CARRIED 5-0. e.SP-0724 – Edgewater River Front Inc., requesting site plan approval for a shopping center with a buildingfootprint of approximately 127,258 square feet for property located southwest of the intersection of US Highway1and Edgewater Lakes Boulevard. ChairmanVopelakopened the public hearing and stated theprevious discussion would be incorporated by reference to this request. There being no further discussion Chairman Vopelak closed the public hearing. MOTIONby Mr. Card to send a favorable recommendation to City Council for approval of the conceptual site plan for a mixed use commercial development with a building footprint of approximately 127,258square feet to be located on the southwest corner of US Highway1and Edgewater Lakes Boulevard, second by Mr. Ross. MOTION CARRIED 5-0 7. OTHER BUSINESS a.Board vacancy left by Gigi Bennington, who has resigned. The Board determined that they would rather not make a recommendation to City Council. Mr. Card asked if anyone in the audience has applied to the Board and if they would like to speak. Robert McIntosh, 2921Sabal Palm Drive, introduced himself and explained to the Board why he wanted to be appointed.Mr.Cardstatedhewouldliketosee Mr. McIntosh on the Board and suggested they make that recommendation to City Council. MOTION by Mr. Card to recommendCityCouncilappointRobert McIntosh to the Planning & Zoning Board to fulfill the remainder of Gigi Bennington’s term. MOTION DIED due to lack of second. 3 12-12-07 p&z minutes Ý×ÌÇ ÑÚ ÛÜÙÛÉßÌÛΠд¿²²·²¹ ¿²¼ Ʊ²·²¹ Þ±¿®¼ λ¹«´¿® Ó»»¬·²¹ ó É»¼²»­¼¿§ô Ü»½»³¾»® ïîô îððé êæíð °ò³ò 8. DISCUSSION ITEMS a.Development Services Director’s Report b. Chairman’sReport c.Agency Members Report 7. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:31 p.m. Minutes respectfully submitted by: Bonnie Wenzel, Planning Technician 4 12-12-07 p&z minutes