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03-31-1999 ~\ \ '.li::'\.. ~.<'-- .... ...., CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, March 31, 1999 6:30 p.m. Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., March 31, 1999 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Ogram, Mr. Masso, Mr. Azzarello, Sr., Mr. Hildenbrand and Chairnlan Garthwaite. Mr. Zeese and Mr. Ridner were recorded as absent. Also in attendance were Lynne plaskett, Director of Planning, Nikki Clayton, City Attorney and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUfES A motion was made by Mr. Ogram to approve the minutes of February 24, 1999 and seconded by Mr. Azzarello. Motion CARRIED 4-0. Mr. Masso abstained as he was absent from the February meeting. OLD BUSINESS N one at this time. NEW BUSINESS v A-0299 - ]vIr. and Mrs. Beneditto Del Nigro requested a variance to tlze front and side setback requirements for property located on 3130 Tamarind Drive. Chairman Garthwaite inquired whether the Board members had visited the site or spoke with anyone regarding the request. Mr. Azzarello and Chaimlan Garthwaite stated they had visited the site. Planning and Zoning Board Regular Meeting March 31, 1999 1 'W' ...., Chairman Garthwaite opened the public hearing and asked for staff comments. },1rs. plaskett said the applicants, Mr. and Mrs. DelNigro are requesting a variance to Section 602.04.2(d)(2) of the Edgewater Code of Ordinance to construct a 12 foot by 22 foot carport within 20..::t. feet of LIlt' front yard and 2..::t. feet of the side yard. she said the setback requirements in the R-2B, Single-family district are 30 feet in the front and 10 feet on the side. Mrs. plaskett informed the Board Staff met with Mr. DelNigro, who stated he would like to construct an addition to the existing garage to house his extra vehicles. Upon reviewing the survey, an alternative suggestion to relocate the addition to the rear of the existing garage was made and that it would not infringe into the setbacks. However, Mrs. plaskett said after the applicant conferred with his wife, he decided to move forward with his desired location. Mrs. plaskett said, Staff finds there is no substantial evidence to support the request and the criteria has not been met. Staff finds the request is not denying the applicants' reasonable use of their property. Mrs. plaskett said she visited the property and the carport could be placed on the south side by addir:g a culvert for access or the rear with access from 32nd Street. After discussion with Board members, Mrs. plaskett stated all the property owners were notified as required and read a letter from Mr. and Mrs. Donahue, 3205 Tamarind Drive, objecting to the location of the request. There being no additional discussion from the Board, Chairman Garthwaite asked the applicants' for comments. Mrs. DelNigro informed the Board that she and Mr. DelNigro intend to convert the existing garage into living area. The other garage is being used, but requires the additional carport for "street rods." Mrs. DelNigro stated it would be a hardship to do the alternate plans as suggested by Mrs. plaskett. she said to add a cement drive, remove trees and move the irrigation system to add the carport to the rear of the home would be a great expense. Mrs. Del:'\igro asked the Board to take this into consideration. AI:, there were no questions from the Board, Chairman Garthwaite asked for public comment. Mrs. Donahue, 3205 Tamarind Drive - Mrs. Donahue stated she is not opposed to the carport but is against the location. She thinks the granting of the request will set a precedent. She worried the applicant may do automotive work on the cars. Mrs. Donahue agreed with the suggestion of putting the carport on the rear of the home. She said, as proposed, the carport will Planning ancI Zoning Board Regular Meeting March 31, 1999 2 '-' ....., come up to the fence. Mrs. Delr\igro replied, they work in their garage on street rods with the door closed. All body work will be done in their body shop in New Smyrna Beach. After additional discussion, Chairman Garthwaite closed the public hearing. He reminded the Board the request is for a variance from 10 feet to 2 feet on the side setback and 30 feet to 20 feet on the front setback. Chairman Garthwaite then read the criteria required for granting a variance. He asked for a yes or no response. After reading the first criteria the Board found the applicants' didn't meet the requirements for a variance. Therefore, the Chairman called for a vote. Mr. Masso moved to deny the request based on the fact the criteria requirements couldn't be met, seconded by Mr. Azzarello. Motion to deny CARRIED 5-0. AN-9901 - .Mr. Jolm DaRe and Ms. Karen Rearden requested tile anne:.::ation of 1 0 + acre~ of property from County MH-4, Rural.Mobile Home Classification to City MH-l, ~Mobile Home Park District. Chairman Garthwaite inquired whether any Board members' had visited the property or spoken to anyone concerning the annexation. Mr. Azzarello and Mr. Garthwaite stated they had visited the property. Mr. Garthwaite also said the required notices had been mailed to the surrounding property owners as well as noticed in the newspaper. Chairman Garthwaite then asked for Staff comments. Mrs. plaskett said the applicants' are contract purchasers for the subject property as well as contract purchasers for Mango Tree Estates Mobile Home Park. The applicants' intent is to create an upscale community and expand the existing park to include the 10.i:. acres. The property is contiguous to the City and is currently zoned County MH-4, Rural Mobile Home and the County's Future Land Use Map indicates a Rural classification. Mango Tree Estates consists of 51 lots on 5.5 acres and has water, sewer and unpaved private roads. Mrs. plaskett said the surrounding future land use classifications are; medium density residential, rural and public semipublic. Westward of the subject property is Rotary Park, to the north is Mango Tree Estates, to the east is a State owned and County operated borrow pit and to the south is developed and undeveloped mobile home sites. She said the applicants' are proposing to create a new entrance on Park Avenue (case # RZ-9903.) The infrastructure improvements will be extended. The City will require paving of existing and new roads and include stormwater. Carol Ann Drive will be screened from view and have no access to or from Mango Tree Estates. Mrs. plaskett said emergency response time to Mango Tree Estates Planning and Zoning Board Regular Meeting March 31, 1999 3 '-' ...", for Police is 2 - 3 minutes, and approximately 4 minutes for Fire/Rescue. Mrs. plaskett concluded saying, Staff finds the request in conformance with the Edgewater Comprehensive plan and seeks a favorable recommendation to the City Council. As there were no comments from the Board, Chairman Garthwaite opened the Public Hearing and asked for remarks from the public. Mr. 6: AIrs. Bill JvIcComiskey, 226 Carol Ann Drive, stated they don't like the fact that they haves a 2.5 acre lots and the proposed park will contain smaller lots. Mr. Guy Sweeney, 267 Carol Ann Drive, said he purchased his property, located to the south of lot 12 of the proposed annexation, so as not to be located by a mobile home park. He feels this annexation will bring his property value down. Mr. Garthwaite then explained the procedures for the annexation and rezoning. Mrs. plaskett asked Mr. Sweeney if all the homes in the area are mobile homes. Mr. Sweeney replied, yes, except for two stick-built homes. It was also explained that the City will have to do a small scale amendment for the annexation, as well as the proposed rezonings, if approved. J\ls. Sue Igou, 334 Carol Ann Drive, asked the Board to consider what this annexation will do to the environment. She said she thinks the 90 proposed homes will change the rural atmosphere. Ms. Igou also expressed dissatisfaction with the additional impact of people to Carol Ann Drive. Chairman Garthwaite again explained there is no plan for the traffic to have access to their street. Also, any concerns of the wildlife will be addressed by the proper authori ties. AIrs. Julie Woods, owner of proposed property to be annexed, informed the public and the Board that the zoning requirements had been changed to MH-4, one mobile home per 4 acres, from A-3, 2.5 acres per residence. She explained how various residents in the area have not abided by the "rules," yet these same people are saying she can't do what is permitted. Recess called at 7:30 p.m. and resumed at 7:42. J\I,.. Hendricks and Ms, Igou both indicated the proposed annexation will devalue their property and expressed concern with water retention. Af,.. Luis Ged, 2105 Saxon Drive, autllOrized agent for tlze applicants', explained two stormwater retention areas are preexisting and underground piping is planned for the future development. Planning and Zoning Board Regular Meeting March 31, 1999 4 "-' ....", fi,[s. Karen Rearden, 4236 Jackson Street, Port Orange, (contract pure/laser), informed the Board the proposed homes will be individually owned. This will be an upscale community with regulations. Ms. Rearden described a large manufactured home park she developed in DeLand that is comparable to Hacienda Del Rio stating a similar one is planned for Edgewater. she explained her plan is to better the community and have the existing mobile home owners bring their homes up to scale. Ms. Rearden said the current park has no regulations. The proposed park will have to meet all regulations, including those required by the State. Buffers are planned for the entire property and includes management on site. Ms. Rearden concluded, saying she has been in the business for 16 years, sold hundreds of homes and developed a mobile home community and looks forward to developing an upscale community in Edgewater. fi,[s. fi,Iargaret lvleComiskey, 266 Carol Ann Drh,e, inquired of Ms. Rearden whether the homes will be privately owned or rented. Ms. Rearden replied the homes will be privately owned, but the lots will be rented to be able to keep control, and enforce the rules and regulations. Brief discussion ensued regarding stormwater. Ms. Rearden stated all stonnwater will be done in accordance with Saint Johns River Water Management District (SJRWMD) requirements. Ms. Rearden then introduced Cl,arlie Collins, State Licensed Installer. Mr. Collins explained all the water drainage is done by licensed engineers according to SJRWMD. Water will be maintained on the park property. Other discussion followed pertaining to the park being self-contained with lots of 5,000 square feet and the landscape buffer. Chairman Garthwaite closed the public hearing at 8:22 p.m. and asked for a vote. Mr. Masso moved to favorably recommend the annexation to the City Council according to the information provided by Staff, seconded by Mr. Azzarello. The motion CARRIED 4-1. Mr. Hildenbrand voted no. RZ-9902 - fi,lr. Jolm DaRe and Ms. Karen Rearden requested rezoning of 1 0+ acres of propel"ly from County MH-4, Rural Mobile Home Classification to City JvIH-l, Mobile Home Park District. Chairman Garthwaite opened the public hearing and asked Mrs. plaskett for Staff comments. Mrs. plaskett said the applicants' wish to change the zoning from County MH-4 to City MH-1 on the 10.::t acre site. The applicant is proposing to develop the subject property as an expansion of Mango Tree Estates Mobile Home Park. The sketch plan calls for the creation of 63 lots with Planning and Zoning Board Regular Meeting March 31, 1999 5 '-" ..."", most having 55-foot frontages. The minimum site required is five acres. Mrs. plaskett informed the Board the site is bound to the north by Mango Tree Estates, to the south and west of the site is County - Rural Mobile Home zoned MH-4 property. To the east is a borrow pit zoned agriculture and designated as public/semi-public on the City's Future Land l'se Map. Mrs. plaskett said seven standards for the review of a small scale zoning change as stated in Section 604 of the Land Development Code have been satisfied. She said based on the findings Staff suggests the Planning and Zoning Board favorably recommend the rezoning to the City Council. Chairman Garthwaite questioned whether the proposed amendment will have an adverse effect on the natural environment. Mrs. plaskett said an environmental assessment will be required. There being no additional questions from the Board, Chairman Garthwaite asked for comments from the public. .Mr. William lvIcComiskey, 266 Carol Ann Drive, inquired whether he would be notified by mail of the City Council meetings regarding theses issues. Mrs. plaskett replied yes, all neighboring properties will be notified. Chairman Garthwaite closed the public hearing as there were no further comments. Mr. Hildenbrand asked the difference of MH-l and MH-4 zoning. Mrs. plaskett explained the difference in the two zonings. Mr. Masso made a motion, based on Staff's findings, that the seven criteria had been met and to recommend approval to the City Council to accept the zoning change, seconded by Mr. Azzarello. Motion CARRIED 5-0. RZ-9903 - lvIr. Jolm DaRe and Ms. Karen Rearden requested rezoning of 3 + acres of property located on West Park Avenue. Chairman Garthwaite opened the public hearing and asked if any Board members had visited the property. Mr. Garthwaite and Mr. Azzarello stated they had visited the property. Mrs. plaskett then gave Staffs' report. Mrs. plaskett said Mrs. Massey had notified the office that she was opposed to the rezoning based on the fact she believes the property should remain industrial. Mrs. plaskett said the request is to change the zoning classification from I-I to MH-l. The applicants' are proposing to expand Mango Tree Estates Mobile Home by adding approximately 15 mobile home lots. She said the site is bound to the north and east by developed industrial property. South is a developed mobile home park and to the west is vacant commercial property Planning and Zoning Board Regular Meeting March 31, 1999 6 ..... .."", wbicb is also proposed to be rezoned under a separate request. Mrs. plaskett said seven standards for tbe review of a small scale zoning cbange as stated in Section 604 of the Land Development Code have been satisfied. She said based on the findings Staff suggests the Planning and Zoning Board favorably recommend the rezoning to tbe City Council. There being no comments, Chairman Garthwaite closed the public hearing and entertained a motion. i\lr. tvlasso made a motion, based on Staff's findings that the seven criteria had been met, to recommend approval to the City Council to accept the zoning change, seconded by Mr. Azzarello. Motion CARRIED 5-0. RZ-9904 - ]vIr. and Als. Karen Rearden requested rezoning of 1. 03 + acres of property located on tlze soutlzeast corner of West Park Avenue and Carol Ann Drh'e. Chai!-"man Gartbwaite asked if any Board members had visited the property. Mr. Azzarello and Chairman Garthwaite stated they had visited the subject property. Cbairman Garthwaite then opened tbe public hearing and asked Mrs. plaskett for Staff's comments. Mrs. plaskett read for the record, a phone message from Ms. Hendricks of 113 Carol Ann Drive. She said she opposed the rezoning as she doesn't want a lot of residences around her. she said she would rather have business or industry. Mrs. plaskett proceeded to give Staff comments. She said the applicants' wish to change the zoning classification from B-2, l\ eighborhood Business district to the MH-1, Mobile Home Park on a 1.03..:t acre site. The applicants' are proposing to expand the Mango Tree Estates Mobile Home Park by rezoning the subject property and create 10 additional mobile home lots. North of the property is industrial zoned property containing outside storage. To the east is property zoned industrial, developed as residential. To the west of the site is industrial zoned property developed as Rotary Park for recreational purposes. The south of tbe property contains a mobile home park which is zoned MH-1 and MH-2. Mrs. plaskett said seven standards for the review of a small scale zoning change as stated in Section 604 of the Land Development Code have been satisfied. She said based on the findings Staff supports the applicants' request. Staff suggested the Planning and Zoning Board favorably recommend the rezoning to the City Council. Mrs. plaskett read a letter from Cobb Cole & Bell Law Offices received by the Planning Planning and Zoning Board l~egular Meeting March 31, 1999 7 'W' ...." Department. She said the law firm represents HOMAC Manufacturing Company (formerly WACO), owners of property adjoining the subject property. HOMAC Manufacturing Company is requesting that a landscape buffer of at least 25 feet be provided along the common property line where I-I abuts residential. They request that such a buffer be made a specific condition of the requested rezoning. Mrs. plaskett stated the letter referrers to RZ-9904, however, she believes it is referring to item RZ-9903, the three acre site. Mrs. plaskett explained the buffering requirements and said this will be addressed during the development review process. Mrs. plaskett asked Ms. Clayton if the buffering condition (from HOMAC) can be included in the rezoning motion. Ms. Clayton stated conditions on zoning are not generally favored. she suggested bringing this up at the time of site plan review. Mr. Geil also replied, this will be addressed at site plan submittal. Chairman Garthwaite closed the public hearing as there were no comments from the public or the Board. Mr. Masso moved to recommend to the City Council a favorable reply, based on the fact all seven criteria had been met for a small scale rezoning to change from B-2 to MH-l, seconded by M.r. Azzarello. The motion CARRIED 5-0. Mr. Masso then moved to identify the need for proper buffering between HOMAC Manufacturing Company and the adjoining MH-l property when the site plan is presented, in responsed to the publics concern, seconded by Mr. Hildenbrand. Motion CARRIED 5-0. .Mrs. plaskett informed the Board and the public the rezonings are contingent on the adoption of a small scale amendment. Transmittal of tize amended Evaluation and Appraisal Response (EAR) Document to DCA. Chairman Garthwaite opened the public hearing. He said the amended Evaluation and Appraisal Response has been provided in the Board's packet with a memo from Mrs. plaskett. A brief recess was called at 8:55 p.m., the meeting resumed at 9:00 p.m. Mrs. plaskett said the document is the same one the Board reviewed in the past, however, the Department of Community Affairs informed staff that due to the length of time involved, the process should start a-new. she said Staff asks the Planning and Zoning Board to approve forwarding the amendment to the City Council for transmittal to DCA. Chairman Garthwaite closed the public hearing. Planning and Zoning Board I~egular Meeting March 31, 1999 8 ,..,. ... Mr. Masso made a motion of a favorable recommendation to the City Council, seconded by Mr. Azzarello. The motion CARRIED 5-0. DISCUSSION ITEMS A. Community Director's Report N one at this time. B. Chairman's Report N one at this time. C. Agency Member's Report N one at this time. ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 9:15 p.m. Minutes respectfully submitted by: Sandra M. Pengov, Board Coordinator Land Development and Regulatory Agency :smp c: \LDRA\minute.\033199 Planning and Zoning Board Regular Meeting March 31, 1999 9