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05-09-2007 ~6ooL u CITY OF EDGEWATER Planning and Zoning Board Regular Meeting - Wednesday, May 9, 2007 6:30 p.m. 1. CALL TO ORDER Chairman Vopelak called to order the Regular Meeting of the Planning and Zoning Board at 6:30 p.m., May 9,2007 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Edwin Vopelak, 'David Ross, John Weiss, Pat Card, Charlene Zeese and William Miller, Gigi Bennington was excused. Also present were Development Services Director Darren Lear and Planning Technician Bonnie Wenzel. 3. APPROVAL OF MINUTES Mr. Card moved to approve the minutes of March 14. 2007 as read. second bv Mr. Weiss. MOTION CARRIED 6-0 PUBLIC HEARINGS 4. OLD BUSINESS None at this time. u 5. NEW BUSINESS TA -0701 - City of Edgewater requesting an amendment to the Land Development Code by including Article XIX Continue to the June 13, 2007 Meeting. Mr. Weiss moved to continue TA-0701 to the June 13. 2007 meeting, second bv Mr. Card. MOTION CARRIED 6-0 a. VA -0703 - William L. Ross, Jr., requesting variances from the Land Development Code to allow the construction of a single-family residence on .24:1:: acres Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. William L. Ross, Jr., applicant stated he agreed with staffs recommendation and would answer any questions the Board had. Mr. Card stated he had concerns about the requested 10-foot setback on the west side of the property. He asked what type of house would be built there. Mr. Ross stated the current owners were not going to be building the house, they were trying to get the variances to market the property. u Mr. Lear stated that Article VII (Non-Conforming Uses) states where a house could be located and he did not think it would be 10-feet from the west property line. Mr. William Ross stated the next-door neighbor was present and did not have a problem with the west setback. 5-09-07 p&z Minutes u CITY OF EDGEWATER Planning and Zoning Board Regular Meeting - Wednesday, May 9,2007 6:30 p.m. Mr. Weiss stated he would like to know what type of house would be built as it would affect the neighboring properties. Mr. William Ross stated they were only asking for what was granted down the street. He added that perhaps they could compromise and go with a 20-foot setback on the west side, that if whomever builds the house wants more they can ask for it. Mr. Miller stated this property was unique. Mr. Ross went through the "Other Matters" listed in the Staff Report and did not agree that they met all the requirements for the variance. There was further discussion regarding the location and type of house that will be built on the property. There being no further questions or comments Chairman Vopelak closed the public hearing. Mr. Card moved to approve the following reauest for a variance from the City of Edgewater Land Development Code Section 21-50.02 (Table V-I) to allow for a setback of lO-feet on the north side of the property in lieu of the 40-feet for property located at the southwest corner of S. Riverside Drive and Park Place. second by Mr. Ross. U Mr. Card amended his motion to include denying the reauested variance for a la-foot setback on the west side ofthe property. second by Mr. Ross. MOTION CARRIED 6-0 b. RZ-0702 - Trey Harshaw requesting an amendment to the Official Zoning Map to include .46::1: acres of land located at 1830 Orange Tree Drive as RP (Residential Professional). Chairman Vopelak opened the public hearing and Mr. Lear provided background information. Joe Hopkins, agent for applicant, stated the request was consistent with the Comprehensive Plan. Mr. Card suggested discussing the zoning, variances and Conditional Use all together. Mr. Lear stated that was fine, but each request would have to have a separate motion. Mr. Card has concerns with the location of the dumpster; if it was moved he would not have any concerns with the requests. Mr. Lear stated the dumpster would be screened and that the Code requires a dumpster. Mr. Ross stated that Article XVIII needs to be rewritten; it does not accomplish what City Council wants to. Mr. Hopkins stated variances should be looked at on a case by case basis; he stated the use is very passive there are six (6) employees and scheduled appointments. He added that there would not be high volume trash, they would be happy to have cans instead of the dumpster. u Mr. Weiss stated he was surprised no one has looked at this Code; most will need variances because the houses were there before with widening of S.R. 442. 5-09-07 p&z Minutes 2 u u u CITY OF EDGEWATER Planning and Zoning Board Regular Meeting - Wednesday, May 9,2007 6:30 p.m. Mrs. Zeese has no issues with the requests. Mr. Miller stated the variance requests were legitimate and not the applicant's fault. He added that they should deal with this as it is and let the City Council know the problems. Mr. Hopkins did a presentation of the proposed development and withdrew the request for the sign variance and discussed the other variance requests. Sue Williams, Williams Engineering and Appraisers, spoke for the requests. There being no further discussion Chairman Vopelak closed the public hearing. Mr. Card moved to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include .46:1: acres of land located at 1830 Orange Tree Drive as RP (Residential Professional). second by Mr. Ross. MOTION CARRIED 6-0 c. VA-0704 - Trey Harshaw requesting variances from the Land Development Code for property located at 1830 Orange Tree Drive. Mr. Card moved to approve the following variances from the City of Edgewater Land Development Code: Section 2l-52.02(b) to allow a driveway (egress only) to be located a minimum of 38-feet from the intersection of right-of-way lines on all other functionally classified streets in lieu of the reauired minimum 100-feet; Section 2l-52.02(h) to allow two (2) access points per street (Orange Tree Drive) in lieu of the maximum limit of one (1) access point; Section 2l-54.04(Table V-5) to allow a minimum landscape buffer of 32.6-feet with no masonry wall. in lieu ofthe reauired 35-feet for a Class B buffer, second by Mrs. Zeese. Mr. Ross amended the motion to include having City Council take immediate action to re-look at the Land Development Code as applicable to reasonable use of property including the sign code. Mr. Ross then withdrew his amendment, as variances are not heard by City Council. MOTION CARRIED 6-0 d. CU-070 1 - Trey Harshaw requesting a Conditional Use Permit to allow for a professional office in the RP (Residential Professional) zoning district. Mr. Card moved to approve the reauest for a Conditional Use to allow a Professional Office to be permitted in the RP (Residential Professional) zoning district, second by Mr. Ross. MOTION CARRIED 6-0 Chairman Vopelak called a recess at 7:39, the meeting resumed at 7:53 e. SD-0702 - Tom Valley requesting preliminary plat approval for a 130-unit townhouse community, known as Edgewater Oaks, located north of Pearl Street, west of US Highway 1. Chairman Vopelak opened the public hearing, Mr. Lear provided background information on the request. Mr. Lear stated that this project has been before the Board numerous times, now they were asking for preliminary plat approval. 5-09-07 p&z Minutes 3 u CITY OF EDGEWATER Planning and Zoning Board Regular Meeting. Wednesday, May 9,2007 6:30 p.m. Tom Valley, applicant spoke about the project. There was discussion regarding the price of the units and entrance. There being no further discussion Chairman Vopelak closed the public hearing. Mr. Ross moved to send a favorable recommendation to City Council for preliminary plat approval of Edgewater Oaks based on the condition that prior to the issuance of a Development Order/Notice of Commencement. all comments from City Staff are satisfactorily addressed. second by Mr. Card. MOTION CARRIED 6-0. 7. OTHER BUSINESS a. Expiration of Gigi Bennington's term. The Board voted by consensus to recommend City Council reappoint Gigi Bennington to the Planning and Zoning Board. 8. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear provided the Board a memo from the City Manager's office to City Council regarding their request for a workshop to discuss the City's vision. u b. Chairman's Report None at this time. c. Agency Members Report None at this time. 7. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:08 p.m. Minutes respectfully submitted by: Bonnie Wenzel, Planning Technician u 5-09-07 p&z Minutes 4