Loading...
07-11-2001 ..... ....", CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, July 11, 2001 6:30 p.m. Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., July 11, 2001 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Masso, Mr. Mullen, Mr. Vopelak, Mrs. Zeese, and Chairman Garthwaite. Also present were; Lynne Plaskett, Planning Director; Bonnie Wenzel, Planning Secretary; Robin Matusick, Legal Assistant and Ken Hooper, City Manager AFPROV AI. OF MINUTES Chairman Garthwaite stated the minutes of June 13, 2001 would be added to the August 8,2001 meeting agenda. NEW BUSINESS Chairman Garthwaite explained how the meeting would be run. CU-OI03 - Brendan and Taneal Cahill, B&C Signs, contract purchasers, requesting a Conditional Use for property located at 2225 Guava Drive to allow light manufacturing in the form of a sign shop. Chairman Garthwaite opened the public hearing. Ms. Plaskett gave a summary and background information. Brendan Cahill, B&C Signs, asked what shrubs on the site would have to be replaced before an Occupational License would be issued. Ms. Plaskett gave him the approved site plan for the property. Mr. Cahill thought the fence on the site plan was still intact on the property, just that it was overgrown with weeds. He asked if what they need to do is return the site to the state of the original site plan. Ms. Plaskett stated that was correct. Chairman Garthwaite closed the public hearing. Mr. Mullen made a motion to approve the Conditional Use per staff's recommendation that the original landscaping and buffering to adjacent residential uses be replaced prior to occupational licensing approval. Mr. V opelak seconded. Motion Passed 5-0. Planning & Zoning Board 7-11-01.doc 1 ,.... ....", VA-OI04 - Charles and Jill Armitage, owners, are requesting a variance from the required 50-foot setback from the Mean High Waterline to 25-feet (at the closest point) for property located on the east side of Riverside Drive and north of Lamont Street. Chairman Garthwaite opened the public hearing. Ms. Plaskett gave a summary and background information. She stated that the applicant has revised their plans to show a distance that it is further than the requested 25-feet from the Mean High Waterline. At the closest point there is an additional 3'_ 6". There is absolutely no encroachment into the wetlands vegetation area. She further stated there was a letter sent to the Planning Department from Mr. Ebert, a Riverside Drive resident, asking the Board to deny the request. Ms. Plaskett read the letter into the record. Mr. Vopelak asked about the lot size and area of uplands and wetlands. Ms. Plaskett stated a portion of the property was under water. Mr. Mullen asked if applicant was proposing a single-story home. Ms. Plaskett stated that was correct. Mr. Jim Morris, applicant attorney, stated that the applicant was satisfied with staff's recommendations. He further noted that the site plan was developed with input from staff. He continued that the City requires one (1) inch of stormwater be retained and this plan provides for four (4) inches of runoff retention. Mr. Morris added that the design of the house incorporated the unique shape of the lot. He also stated that the applicants have no objection to building a single-story home, and did not see how Mr. Ebert would be affected by the construction of this house. Chairman Garthwaite closed the public hearing. Mr. Vopelak made a motion to approve the variance request with staff's recommended conditions of: The building construction be held to single story, to ensure properties on the west side of Riverside Drive will be afforded an unobstructed river view; all stormwater shall be approved by the City Engineer, and the Planning Director shall approve all planting adjacent to wetlands. Mr. Masso seconded. Motion Passed 5-0. VA-OI05- Eugene Braucht, owner, is requesting a variance from the rear yard setback requirement of 10-feet to two (2) feet and from five (5) feet to three (3) feet from the existing home to the waters edge to construct a swimming pool, spa, and screen enclosure for property located at 604 Seagull Court. Chairman Garthwaite opened the public hearing. Ms. Plaskett gave background information and a summary. Mrs. Zeese asked why staff could not recommend approval of the variance. Ms. Plaskett replied that none of the criteria were met. Mr. Vopelak thought they Planning & Zoning Board 7-11-01.doc 2 ....... ...., recently heard a similar case regarding a pool. Ms. Plaskett stated the previous case was not as close to the property line. She further noted that the applicant is willing to work with the Board, they will reduce the size of the pool, use paver blocks as opposed to the concrete decking, anything within reason to obtain the variance, staff became aware of this after the recommendation was made. Mr. Mullen asked if there would be any interference with Florida Power and Light in the rear of this property. Ms. Plaskett stated there would be none. Ms. Vicky Braught, owner, stated to the Board they were willing to make reasonable adjustments to be able to have their pool. She provided the Board with letters from her neighbors in favor of the variance. Chairman GarthWaite asked if they have contracted someone to install the pool. Ms. Braught responded they had, and he was present to answer any questions. Chairman Garthwaite asked what is done when a pool is located so close to the house. Dominic Solitario, Blue Haven Pools, stated it violates the angle of repose (if you have a three (3) foot deep pool you have to be a foot further from the foundation of the house), he presented a letter from his staff's engineer which will be submitted to the building department when applying for the permit. He stated they use double steel, six (6) inches on center and that it becomes a thickened wall and would be shored along the house. Discussion ensued regarding the engineering of the pool. Chairman Garthwaite closed the public hearing. Mr. Vopelak made a motion to approve the variance from rear yard setback requirement of ten (10) feet to two (2) feet and from five (5) feet to three (3) from the existing home to the waters edge to construct a swimming pool, spa, and screen enclosure, with the condition that the City Engineer approve a plan for three (3') foot decking or paver blocks with appropriate swale(s). The engineered plans for angle of response must be approved by Building Official. Mr. Mullen seconded. Motion Passed 5-0. VA-OI07 - Dennis Carvalho, owner, is requesting a variance from the Mean High Water tine setback requirement of 50-feet to 3I-feet (at the closest point), to construct a single story single-family home on .I5:t acre of property located on a portion of Lots 17 and 18 in the Pelican Cove East Subdivision, on the east side of Pelican Lane. Ms. Plaskett gave background information and a summary. Chairman Garthwaite opened the public hearing. At this time Ms. Plaskett read into the record a letter of support from a resident of Pelican Cove East. Dennis Carvahlo, owner, gave some background information regarding his purchase and planned use of the lot. He felt his request was reasonable due to Planning & Zoning Board 7-11-0 I.doc 3 .... ....", the setback previously being 3D-feet, and they would keep with the character of the existing neighborhood. James Treder, 17 Pelican Lane, stated he lived next door to this property and wanted to know if his house is sitting back 3D-feet off the line. Ms. Plaskett looked at the survey and said it appeared as though his house was about 10- feet back further from Mr. Carvahlo's proposed house. He discussed with Ms. Plaskett the location of his home to the Mean High Water Line, Ms. Plaskett stated Mr. Treder's home was 25-feet from the Mean High Water Line and Mr. Carvahlo was asking to be 31-feet from the Mean High Water Line. Mr. Treder concluded that as long as it was compatible with the rest of the properties he does not have a problem. Chairman Garthwaite closed the public hearing. Mr. Mullen made a motion to approve the variance with the condition that the City Engineer approves engineered stormwater plans to ensure the runoff will not go into the river. Mr. Masso seconded. Motion Passed 5-0 Chairman GarthWaite called a recess at 7:20 p.m. Chairman Garthwaite called the meeting back to order at 7:30 p.m. CPA-OIOI Sam Merrill, authorized agent, requesting a Comprehensive Plan Amendment concerning approximately 487.60 acres of property known as "Edgewater Lakes". Chairman GarthWaite opened the public hearing. Ms. Plaskett gave a summary and background information. The applicant chose not to address the Board at this time. Mr. Loescher, Omni Circle, voiced concerns about the water usage of the golf course, and the size of the lots in the development. Ms. Plaskett stated that these concerns should be voiced when the Board reviews the Development Agreement, they are currently discussing the Land Use Change. Chairman Garthwaite noted that the Development Agreement spells out how the development would have to be built. Mr. Steve Joyce, 36th Street, did not understand what the land use change was. Ms. Plaskett responded that the property currently has a county land use designation, as it was annexed into the City it is required that a City land use designation be assigned, these are map designations. Mr. Joyce continued stating that when he bought his property he was told it was abutting wetlands. Ms. Plaskett stated the property will also have a designation of Conservation, this will protect any environmental issues that may be associated with the property. Planning & Zoning Board 7-11-0I.doc 4 '-" ....., Chairman Garthwaite closed the public hearing. Mr. Mullen made a motion to approve the Comprehensive Plan Amendment. Mr. Masso seconded. Motion Passed 5-0. RZ-OI02, Sam Merrill, authorized agent, requesting rezoning for approximately 487.60 acres, to RPUD. This property is located on the west side of U.S. I, north and south of Volco Road. Chairman Garthwaite opened the public hearing. Ms. Plaskett gave a summary and background information. Sam Merrill chose not to speak at this time. Mr. Vopelak asked if we were changing the zoning to PUD. Ms. Plaskett stated they were recommending the rezoning concurrent with the Comprehensive Plan Amendment. Mr. Vopelak asked if the PUD overrides the existing zoning. Ms. Plaskett stated that PUD is a zoning classification. She continued saying that the PUD gives the developer and staff more flexibility. Ms. Plaskett stated the developer has to comply with everything in the Development Agreement, whether it is lot size, location of certain amenities, the re-zoning itself does not do that. Mr. Joyce, of Omni Circle asked if zoning covers habitats for endangered species. He further stated that when he bought his property he was told that everything behind him was going to stay as it was. Ms. Plaskett stated there are environmental analysis reports, the developer has to have formal site plan approval and subdivision plat, which actually lays out the number of lots. Mr. Joyce went on record to say if the proposed plan was what they wanted to do, he was against it. Mr. Loescher concurred. Mr. Vopelak voiced his concerns about growth in Florida and the water supply. He further noted that concerning the golf course he would like to be assured that in the future the 280 acres of open land are never developed, and remain open area. He would like something in the Development Agreement that assures those in the city that those 280 are not going to have any houses/dwellings on them. He also voiced concerns that there were no playground, or parks in this development. Doris Hill, Uncoln Road, felt the golf course development was good and that it left a lot of open land. She further stated that she felt this development would be wonderful for the City and that this was our chance to get good development in the City. Planning & Zoning Board 7-11-01.doc 5 ..... ....., Cory Sapp, Travelers Palm, stated she was a realtor in the area and that we needed a place to put all of the people. She felt this was a good opportunity and the City needed the growth. Liz Baker, Victory Palm, had concerns about the schools. She wondered where the extra children would go to school. She felt the schools were already overcrowded and that we could not afford to educate our children, and that this was a problem everywhere. Chairman Garthwaite closed the public hearing. Mr. Masso asked if they could include in the motion some kind of provision that we can keep the green/open area always open. Ms. Plaskett stated that could be discussed in the Development Agreement. Mr. Masso made a motion for a favorable recommendation to City Council. Chairman Garthwaite passed the gavel to Vice-Chairman Masso and seconded. Motion Passed 5-0. DA-OIOI- Sam Merrill, authorized agent, requesting a Development Agreement associated with 487.60 acres of property known as "Edgewater Lakes" to develop a golf course community. Chairman Garthwaite opened the public hearing. Ms. Plaskett gave a summary and read portions of the Development Agreement so the public would understand what was being discussed. Mr. Vopelak asked about the recreation impact fees. Ms. Plaskett stated those were charged to each lot when a building permit is issued. She further stated that the fees go into a fund to provide recreational facilities for the citizens of Edgewater. Mr. Vopelak felt there should be some recreational facilities in the immediate proximity of the development. Chairman Garthwaite stated that this was an agreement between the City of Edgewater and the developer of Edgewater Lakes. Elizabeth Donahue, Umbrella Tree Drive, asked how much the bond was for. Ms. Plaskett stated $1.5 million to assure the golf course would be developed. Ms. Donahue asked if the golf course was public or private. Ms. Plaskett stated it would be a public golf course, privately owned. Ms. Donahue also had concerns about the environmental issues and how the residents in the area with wells would be affected. Sam Merrill, Zev Cohen and Associates, stated that preliminary assessments have been completed, yet there are many more assessments and permits to be acquired before any development can commence. If any problems arise during that process the community may have to be redesigned, or mitigation may take place. He further noted that permits from St. Johns River Water Management District must be obtained for stormwater and that if wells were dug St. Johns may monitor them for impact on other properties. The development was designed with the environment in sight. Planning & Zoning Board 7-11-01.doc 6 '-P" .."" There was discussion about the traffic impact on Volco Road and how it may be improved in the future to accommodate the influx of traffic from the development. Mrs. Zeese asked what type of business would be in the commercial portion of the property. Tim Howard, owner, stated neighborhood business such as cleaners, banks, insurance offices and beauty salons. He stated there would be no large businesses such as grocery or anchor stores. Marilyn Weaver, Liza Clinton Road, voiced concerns over the traffic impact near her home. Mr. Merrill stated that improvements may take place if needed. Discussion ensued regarding the schools and environmental issues. Mr. Vopelak asked what assurances do they have that the 280 acres will stay undeveloped. Ms. Plaskett stated the drawings are preliminary and the Development Agreement is a draft, changes may be made as issues are addressed, there will be a cap in the agreement for the amount of development. Mr. Hooper noted that once the D.A. is finalized it cannot be changed unless the developer goes back through this process. Chairman Garthwaite closed the public hearing. Mr. Vopelak made a motion for approval with the provision that the green areas shall remain forever green. Chairman Garthwaite asked if he meant where the golf course is now remains green? Mr. Vopelak stated yes, that there be no development ever in the golf course area, and the wetlands, this would be 280 acres that would never have homes put on them. Ms. Plaskett stated that according to the latest drawing that would be correct, but it has to be known that some of this may change. She further stated that there is a cap in the Development Agreement that cannot exceed 1.9 units per acre or 900 total units. Mr. Joyce, Omni Circle, asked if the vote taken was legally binding. Chairman Garthwaite stated it was. Robin Matusick, legal assistant, added that this is just a recommendation, it still has to go before the City Council. Mr. Vopelak made a motion to approve with the provision that the development will never exceed 1.9 units per acre on the 487 acres. Mr. Vopelak then amended his motion to read: maintain the 280 green acres and shall build no more than 900 units on the remaining 200 acres. Mr. Hooper stated that the motion could be to approve the D.A. with exhibit liB" as presented with no changes, not to exceed the 1.9 units per acre, gross density. Mr. Masso seconded the motion. Motion Passed 4-1, Mr. Mullen voted no. Planning & Zoning Board 7-11-0I.doc 7 ..... .... CPA-OI02- amendment to the Future Land Use Map from Low Density Residential to Commercial with Conservation Overlay for 2.42:1: acres of property located east of U.S. Highway 1 and north of Ranken Drive per Development Agreement between the City of Edgewater and GDP Development, Inc. Chairman Garthwaite opened the public hearing. Ms. Plaskett gave a summary and background information. Mr. Phillip Fong, GDP Development, stated this was part of a Development Agreement. The developer has done his part of the agreement and now the City is doing theirs. Mrs. Zeese asked if there was any development planned for this property. Mr. Fong replied no. Mr. Vopelak asked if there were houses behind this commercial area. Ms. Plaskett responded that there were only houses to the south. Chairman Garthwaite closed the public hearing. Mr. Masso made a motion to approve the Comprehensive Plan Amendment. Mr. Mullen seconded. Motion Passed 5-0. RZ-OI03 - Rezone 2.42:1: acres of property located east of U.S. Highway 1 and north of Ranken Drive, per Development Agreement between the City of Edgewater and GDP Development, Inc. from R-I (Single Family Residential) to B-3 (Highway Commercial). Chairman Garthwaite opened the public hearing. Ms. Plaskett gave a summary and background information. Chairman Garthwaite closed the public hearing. Mr. Mullen made a motion to approve the rezoning. Mr. Vopelak seconded. Motion Passed 5-0. DISCUSSION ITEMS 1. Planning Director's Report Ms. Plaskett asked the Board if they would like to continue having the draft ordinances in their packets. After some discussion it was decided they would continue to receive the draft ordinances with the final going to Council. Ms. Plaskett noted the backlog of items to come before the Board and suggested having two (2) meetings in August. Mr. Vopelak stated he would not be available in August. It was decided to have two (2) meetings Planning & Zoning Board 7-11-0I.doc 8 ...... ....., in September to get caught up, they would be held on September 12, 2001 and September 26, 2001. Ms. Plaskett stated she would like to have a workshop with the Board regarding how the meetings should be run, and to discuss some major items that will be coming before the Board in the future. The workshop would be scheduled an hour before the first meeting in September. 2. Chairman's Report Fill Board Vacancy Much discussion ensued regarding the applicants and their qualifications. The Board also discussed having the Board openings advertised more aggressively. Mrs. Zeese moved to recommend Kristine Pluscec to the Board. Mr. Mullen seconded. Motion passed 5-0. Mr. Mullen made a motion to recommend Anton Heeb to the Board. Mr. Masso seconded. Motion passed 5-0. AD JOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:50 p.m. Minutes respectfully submitted by: Bonnie A. Wenzel Planning & Zoning Board 7-11-01.doc 9