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12-12-2001 ~ ..."", .. CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, December 12,2001 6:30 p.m. Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., December 12, 2001 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Chairman Garthwaite, Mr. Masso, Mrs. Zeese, Mr. Heeb, and Mrs. Pluscec, Mr. Mullen and Mr. Vopelak. Also present were Chief Planner Darren Lear and Planning Secretary Bonnie Wenzel. APPROVAL OF MINUTES Mr. Masso made a motion to approve the minutes of November 14, 2001 as read. Mr. Vopelak seconded. Motion PASSED 7-0 NEW BUSINESS V A-011 0 - Luis Geil, authorized agent for Shiny Brite Carwash, requesting a variance from Section 21-52.02(c), to allow a driveway to be 145-feet from the intersection of Right-of-Way lines on an arterial roadway (US 1), in lieu of the required 660-feet, for access (ingress/egress) to property from US 1. Furthermore, a variance from Section 21-52.02(b), to allow a driveway within 28- feet in lieu of the required 40-feet from the intersection of right-of-way lines on a local street, for access to the property from Thomas Street. The property is located along the northeast corner of US 1 and Thomas Street. This item was continued from 11/14/01. Mr. Lear made a statement to the Board members and the general public regarding this variance request. He stated the request was for the driveway access only, although the Board may place conditions on the Site Plan, but noted the variance is not for the use, it is permitted a use. He continued, if anyone feels there will be a negative impact placed on them due to this project, they have the right to appeal the decision to the City Manager within 15-days. Chairman Garthwaite gave a brief summation of how the meeting will be run and opened the public hearing. Mr. Vopelak asked if the access ways were along City or DOT right-of-ways. Mr. Lear stated that US 1 was DOT and Thomas Street was City. Planning & Zoning Board 12-12-01 1 '-" ...., Mr. Lear explained why the requirement of 660-feet was in place and the reason for the access on Thomas Street. Mr. Heeb motioned to vote on Section 21-52.02(c) and Section 21-52.02(b) separately. Motion died due to lack of a second. Mr. Heeb asked if the Planning Department considered Thomas Street a residential road. Mr. Lear stated that Thomas Street was considered a local road and a City Right- of-Way and that roads are not considered residentialor.Gommercial. Chairman Garthwaite suggested Fourth Street be vacated and the car wash use their portion as a vegetative buffer. Mr. Lear stated that no applications have been received to vacate Fourth Street and explained how that would cause one of the property owners to have no access to their property. Mr. Glenn Storch, from the Law Firm Storch, Hanson & Morris, stated to the Board that he was representing the owners at the meeting. Mr. Storch stated that these lots have been platted for many years, and the only way for his client to have reasonable access to his property is for the variance to be granted. He further stated that Staff has determined that all of the criteria have been met. He continued that his client is very sensitive to the concerns of the adjacent residents and is willing to work with staff on issues of concern. Mr. Heeb asked if the access drive could be removed from Thomas Street. Mr. Storch stated that he believed the City required two (2) means of ingress and egress for stacking and safety reasons. Mr. Lear stated having access on Thomas Street will eliminate the need for vehicles to do U-Turns on US 1. Mr. Heeb felt traffic will increase on Thomas Street and Riverside Drive. Mr. Storch suggested the Board place a condition on the variance that the access be designed to be as safe as possible. Mr. Heeb asked if it was possible to establish the exit onto Thomas St. to be "right turn only". Mr. Storch felt that was a good idea and it could be designed that way. Mr. Heeb again stated that traffic along Thomas and Riverside were his only concerns. Chairman Garthwaite read into the record at this time a letter from Mr. David Catalano. Jay Halanski, 1312 Third Street, stated to the Board that he was not notified of this variance. Mr. Lear informed him that since this was continued from the November 14, 2001 meeting and the new meeting date was stated it was not necessary for staff to send additional notification, however an advertisement including the nature of the request was place in the newspaper. Mr. Helanski did not think proper notice was given. There was further discussion regarding the notification and legal notice requirements. Mr. Halanski felt the car wash was too intense of a use for this location, and that the traffic situation should be researched from every angle, he did not feel this meeting was enough to determine this project. He further felt that deceleration lanes were Planning & Zoning Board 12-12-01 2 '-" ...." necessary, that every four to five minutes cars would be entering and exiting this site. He felt a Doctor's office would be a more appropriate use. Dominic Caputo, 624 3rd Avenue New Smyrna Beach, stated that he owned several properties in Edgewater and that what the applicant was requesting is permitted. He further stated that if all of the criteria are met they should be allowed to develop the property as they wish. Beverly Johnson, 1316 3rd StreetT stated that 4th Street is not an open street it is a driveway. She further stated that the strip center gives a lot of traffic to area; if another access is permitted along Thomas Street the traffic will be worse. She continued to describe the traffic problems caused by various business' in the area and that she felt this use would bring too much of an impact on the area. Mrs. Johnson suggested using the parcel next to this one for joint access rather than have access on Thomas St. Magdalena Ferguson, 114 Thomas Street, stated she has a daycare in her home and is very concerned about the well being of the children. She further stated she does not want lights shining in her windows 24-7. Trisha Bray, 108 Thomas Street, read a letter of her concerns into the record and asked the Board to please not allow a car wash to be located on this parcel. Marian Kroll, 109 Thomas Street, stated she lived directly behind the car wash site and already has enough trouble getting onto US 1 and also has problems with the commercial property located to the south of this. Mr. Halanski asked for a motion that the decision be delayed until traffic research can be completed. He also stated that he was unsure how to give input in the site plan process. He stated a shadow box fence is not enough of a sound barrier and although the B3 allows this use there are other issues. He asked the Board to not do this and let them give input on the site plan approval process. He felt a bar would be less intrusive and the residents do not need a car wash there. Mr. Lear stated again that anyone can appeal the decision within 15 days. Mr. Halanski stated he would not be against a less intensive (e.g. doctor's office) use and wanted to know what they could do. Mr. Lear stated he could appeal the decision, and Chairman Garthwaite stated the Board could put conditions on the variance. Mr. Storch stated that DOT will determine if acceleration/deceleration lanes will be required and that a car wash is on the lower range of traffic generators, and a doctor's office is on the high end. He stated that the project will be designed addressing everyone's issues. Some discussion ensued as to the changes in DOT's criteria and the City codes regarding the placement of driveways. Beverly Johnson asked for the following conditions be placed on the variance if it was to be granted: insulated spilt block fence; lighting not to affect the residents; assurance of Planning & Zoning Board 12-12-01 3 '-" """"" dumpster control; and the option to work on site plan approval process. Mr. Storch stated the only concern is access, the dumpster can be moved and a wall can be designed as well as appropriate lighting Marian Kroll stated she wanted no variance, and no car wash located there. Discussion ensued regarding the height of the wall and the planted buffer. Magdalena Ferguson stated that people do not want to live near a car wash. Mr. Lear stated that a car wash was a permitted use on this site, and Chairman Garthwaite concurred. Mr. Halanski stated that the zoning allowed it, but it could be done without access onto Thomas St. Mr. Vopelak asked why the driveway on Thomas could not be placed at 40-feet. Mr. Lear explained that it would then be less than 1 OO-feet to US 1. There being no further discussion, Chairman Garthwaite closed the public hearing. Chairman Garthwaite passed the gavel to Vice-Chairman Masso at this time. Chairman Garthwaite made a motion to approve the variance with the following conditions: 1. Permit for driveways be obtained from DOT prior to issuance of City Building Permits; 2. 8-foot wall with trees and shrubs planted along outer perimeter; 3. Lighting to be designed so the residential neighborhood is shielded; 4. Egress on Thomas Street be limited to right (west) turn only; 5. Dumpsters to be located as far from residents as property will allow; 6. Recommendation made to DOT that a "No U-Turn" sign be posted at the intersection of US 1 (south) and Thomas Street. Mr. Halanski asked for a 10-foot decorative wall and Mrs. Johnson requested a soundproof wall made of split block and insulated, with a trellis for plantings. Mr. Luis Geil, authorized agent, stated that the most soundproof wall you can build is solid concrete block. Mr. Mullen suggested that staff design the wall. Further discussion ensued regarding the height of the wall. Marian Kroll stated that they asked for a 10-foot wall and she is the one who has to live behind it. She further stated that the developer was getting away with murder. Mr. Storch stated his client will continue to work with the residents. There being no further discussion Mr. Vopelak seconded the motion made by Chairman Garthwaite. MOTION PASSED 4-3 with Mr. Heeb, Mr. Mullen, and Mrs. Pluscec voting NO. Planning & Zoning Board 12-12-01 4 ..... "WfI NOTE: Letter dated November 12, 2001 from Mr. and Mrs. Davisworth attached for the record. SD-0101 - San Remo of Edgewater, owner, is proposing development of a subdivision on 9.95:f: acres of property located on the south side of Roberts Road, across from Meadow Lake Subdivision, to be known as Edgewater Terrace. CONTINUED FROM 9/12/01. Mr. Lear expfamedthat this subdivision came before them as a rezoning with 50-foot lots; the rezoning has been approved by City Council with 75-foot lots. The applicant has modified the preliminary plat to contain 28, 75-foot lots in lieu of the previous 39, 50-foot lots. Chairman Garthwaite opened the public hearing. Mr. Heeb asked if the preliminary plat conforms to all of Section 21-63 of the Land Development Code. Mr. Lear stated the applicant has met all of the requirements. Mr. Heeb asked if there would be enough road left at the entrance to allow for the expansion of Roberts Road. Mr. Lear stated there will be a 30-foot easement granted to the City which will be sufficient for the expansion of Roberts Road. Mr. Dominic Caputo, owner, stated to the board that the number of lots were reduced and the sizes were enlarged. Mr. Heeb what the setbacks were. Mr. Caputo stated the setbacks were in the Zoning Agreement and that the Agreement has been approved by City Council and signed by himself and the Mayor. Discussion ensued regarding the price of the homes and the time frame for construction. There being no further discussion Chairman Garthwaite closed the pubic hearing. Mr. Mullen made a motion to send a favorable recommendation of the preliminary plat to City Council, with a second by Mrs. Zeese. MOTION PASSED 7-0. AN-0119 - Willie G. Woods, owner, is seeking annexation of approximately .37 acres of property located on the east side of US 1 and approximately 650 feet south of Godfrey Road. Chairman Garthwaite opened the public hearing. Mr. Vopelak asked if there were any other properties adjacent to this one within the City Limits. Mr. Lear stated he believed this was the only one, although it is contiguous to the City Limits. Chairman Garthwaite closed the public hearing. Planning & Zoning Board 12-12-01 5 ...... ....., Mr. Masso made a motion to send a favorable recommendation to City Council for annexation, with a second by Mr. Mullen. MOTION PASSED 7-0. VA-0012- Thomas and Roberta Gilley, owners, requesting a variance of 4.44-feet for an existing encroachment of a swimming pool and patio into the required 10- foot utility easement for property located at 3021 Needle Palm Drive. Chairman Garthwaite opened the public hearing and asked if any of the Board members visited the site. Mr.' Heed stated he had and.gave a brief synopsis of his meeting with Mrs. Gilley. Mr. Vopelak asked if the pool had been on the property for approximately 20 years. Mr. Lear stated that was correct. Mr. Heeb noted that he felt the property was kept in excellent condition. Mr. Mullen asked why the condition was put in staff's recommendation. Mr. Lear stated that was to basically hold the City harmless should any damage occur to the structures encroaching into the easement. Chairman Garthwaite closed the public hearing. Mr. Mullen made a motion to grant the variance with staff's recommendation that any expense incurred from the damage to the above-mentioned structures shall be solely the property owners responsibility, with a second my Mr. Heed. MOTION PASSED 7-0 DISCUSSION ITEMS 1. Planning Director's Report None at this time. 2. Chairman's Report None at this time. Mr. Heeb requested a workshop take place before the meeting in January to discuss the relationship between zoning and traffic. Chairman Garthwaite stated a workshop could take place 3D-minutes before the next meeting. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:40 p.m. Minutes respectfully submitted by: Bonnie A. Wenzel Board Secretary Planning & Zoning Board 12-12-01 6 NOV 15 2001 i "; '"._~ , .....~, of EOgewater 'V,~:!' lopment Planning & Deve .... ...., November 12, 2001 Ms. Bonnie Wenzel Planning Secretary City of Edgewater P. O. Box 100 Edgewater, Florida Dear Ms. Wenzel: 32132-0100 The undersigned property owners of 1320 S. Riverside Drive, Edgewater, Florida (Roden and Lillian Davisworth) are opposed to a variance allowing a driveway 145 feet from the arterial roadway (U.S. 1) intersection for the following reasons: 1) The variance will create an additional traffic congestion in 0ur area (already a problem). 2) The value of the property contiguous with the variance will depreciate. 3) A variance requesting a reduction of 515 feet in lieu of the required 660 feet is not reasonable ~ justified for the proposed carw&sh. S..incerel~.. . 1: Jch~. =- iJI ~. 'DaVi~. J ~ X~~ ~/f!~ Lillian L. Davisworth 2910 N.W. 29th Street Fainesville, FL 32605