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04-09-2003 '-' .....", CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, April 10, 2003 6:30 p.m. 1. CALL TO ORDER Chairman V opelak called to order the Regular Meeting of the Planning and Zoning Board at 6:30 p.m., April 10, 2003 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Chairman Edwin Vopelak, Robert Garthwaite, Donald Masso, Anton Heeb, Charlene Zeese and Kristine Pluscec. Also present were Chief Planner Darren Lear and Planning Technician Pat Drosten. 3. APPROVAL OF MINUTES Mr. Garthwaite made a motion to approve the minutes of the March 12, 2003 as read, second by Mrs. Pluscec. MOTION PASSED 6-0. 4. OLD BUSINESS None at this time. 5. NEW BUSINESS PUBLIC HEARING A. V A-0302 - James Morris, authorized agent for John and Yvonne Bice, owners requesting a variance from Section 21-41.04 (Buffer Requirements), Section 21- 42.05 (Flood Plain Development), and Table V-I of the Land Development Code to allow a 10-foot setback in lieu of the required 25-foot setback to any wetlands vegetation along the north property line and to allow a 10-foot setback in lieu of the required 50-foot setback to the mean high water line along the north property line to allow the construction of a single family home located on the parcel east of 218 s. Riverside Drive. - This item will be continued to the May 14, 2003 P&Z Board Meeting per the applicants request. B. CP A-0302 - City of Edgewater requesting the Comprehensive Plan Future Land Use Map amendment to include property currently designated as Volusia County Urban Low Intensity as City Low Density Residential for property located at 117 Palm Breeze Drive. Mr. Lear gave the background information regarding this request. He stated this property was inadvertently left off of the Comprehensive Plan Amendment for the other Palm Breeze properties, which were previously heard before the Board. Chairman V opelak asked if there were any questions from the Board. Being none, he asked for question from the public. There was no response. Mr. Garthwaite made a motion to send a favorable recommendation to City Council to transmit the 4-10-03 P&Z minutes '-' ..""", CITY OF EDGE WATER Planning and Zoning Board Regular Meeting VVedne~y,Aprill0,2003 6:30 p.m. Comprehensive Plan Future Land Use Map Amendment to the Florida Department of Community Affairs, V olusia Growth Management, and other appropriate agencies for review and certification for property currently designated as V olusia County Urban Low Density to Low Density Residential for property located at 117 Palm Breeze Drive. Seconded by Ms. Zeese. Motion passed 6~0. C. RZ-0302 - City of Edgewater requesting the amendment to the Official Zoning Map to include property currently designated Volusia County R-3 (Urban Single Family Residential) to City R-3 (Single Family Residential) for property located at 117 Palm Breeze Drive. Mr. Lear gave the background information regarding this request. This is the rezoning associated with the CPA heard as Item B. Chairman V opelak asked if there were any questions from the Board. Being none, he asked for question from the public. There was no response. Mr. Garthwaite made a motion to send a favorable recommendation to City Council to amend the Official Zoning Map from Volusia County R-3 (Urban Single Family Residential) to City R-2 (Single Family Residential) for property located at 117 Palm Breeze Drive. Seconded by Mr. Heeb. Motion passed 6-0 D. RZ-0211 - Glenn Storch, authorized agent for Hacienda Development Corp., owners, requesting an amendment to the Official Zoning Map from V olusia County BPUD (Business Planned Unit Development) to City B-3 (Highway Commercial) for 18.27:t: acres of property located east of US Highway 1 and west of the Hacienda Del Rio Development. Mr. Lear gave the background information regarding this request. Chairman V opelak asked if there were any questions from the Board. Being none, he asked for question from the public. Mr. Victor Harper, 160 :81 Padre, stated that the owner had entered into an agreement with the property owners in Hacienda Del Rio stating certain conditions would be met if the commercial property was developed, These conditions include a wall between the commercial and residential uses, an electronic gated entrance as well as other items. Mr. Harper wanted assurance that these criteria would be met if and when this property is developed. Mr. John McPhie, 430 LaCoquina Dr., spoke in support of Mr. Harper's requests asking for an amendment to the rezoning to place the wall and to have the developer adhere to the agreement he signed with the residents. Chairman V opelak stated that this was not the time to place development restrictions on the property. Mr. Lear explained that the B-3 zoning designation the applicant is seeking does not require a zoning agreement and that the owner presently has no plans to develop 4-10-03 P&Zmmutes 2 '-" ....., CITY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, April 10, 2003 6:30 p.m. the property. Development restrictions/conditions should be considered at such time as the applicant submits a site plan request. There being no further discussion, Mr. Garthwaite made a motion to send a favorable recommendation to City Council to amend the Official Zoning Map to include 18.27:1: acres of property located east of US Highway 1 and west of the Hacienda Del Rio Mobile Home Park from V olusia County BPUD {Business Planned Unit Development to City B- 3 (Highway Commercial). Seconded by Ms. Pluscec. Motion carried 5-1 E. Rz.0210 - Willie Wood, owner, requesting an amendment to the Official Zoning Map from V olusia County B-4 (General Commercial) to City B-3 (Highway Commercial) for .37:!: acres of property located at 3665 S. Ridgewood Avenue. Mr. Lear gave the background information regarding this request. Chairman V opelak asked if there were any question from the Board. Mr. Heeb stated that while he doesn't object to rezoning this property, he does not like the B-3, Highway Commercial zoning designation in general; he went. on to say that he feels there should be an alternative commercial zoning designation. Mr. Lear explained that he understood Mr. Heeb's dislike of some of the permitted uses allowable in the B-3, Highway Commercial zoning designation, however, the current County zoning designation allows uses, which may potentially be more undesirable. After much discussion from Mr. Heeb on this matter, Chairman V opelak then asked for question from the public~ Ms. Keri Hunt, 2616 Queen Palm Drive, asked for a definition of Conservation Overlay and for an explanation of how it affects property. Mr. Lear explained the definition of Conservation Overlay and that it was a flag to staff that there may be environmental issues associated within the property. Mr. Garthwaite made a motion to send a favorable recommendation to City Council to amend the Official Zoning Map to include .37;;1: acres of property located at 3665 S. Ridgewood Avenue from Volusia County B-4 (General Commercial) to City B-3 (Highway Commercial). Motion carried 5-1. F. Rz.0202 - John R. Merrick, et al, owners requesting an amendment to the Official Zoning Map from V olusia County B~4 (General Commercial) to City B-3 (Highway Commercial) for 7.0:1: acres of property located along the west side of US Highway 1, south of Omni Circle. Mr. Lear gave the background information regarding this request. Chairman V opelak asked if there were any questions from the Board. Being none, he asked for question from the public. There was no response. Mr. Masso made a motion to send a favorable recommendation to Council to approve the amendment to the Official Zoning Map to include 7::1:. acres of property located west of U.S. Highway 1 and south of East Winds Subdivision from Volusia County B-4 (General Commercial) to City B-3 4-10-03 P&Z minutes 3 '-" ....." CITY OF EDGEWATER PIanning and Zoning Board Regular Meeting Wednesday, April 10, 2003 6:30 p.m. (Highway Commercial). Seconded by Ms. Pluscec. Motion carried 6-0. Mr. Heeb again presented his concerns regarding B-3 zoning and some discussion ensued on this issue. RZ-0201- City of Edgewater requesting an amendment to the Official Zoning Map from Volusia County A-2 (Rural Agriculture) to City R-2 (Single Family Residential) for 42.55:1: acres of property located within the Washington Park Subdivision (south of 35th Street). Mr. Lear gave the background information regarding this request. Chairman V opelak asked if there were any questions from the Board. Mr. Heeb asked about the planting buffer surrounding the shores. Mr. Lear stated that if developers wished to access Washington Park property through Florida Shores, they would be required to apply for an abandonment of the buffer. Mr. Heeb then asked who would be responsible for construction of roads and installing water and sewer lines. Mr. Lear explained that the developer would be responsible for infrastructure improvements. Being no further discussion, Mr. Garthwaite made a motion to send a favorable recommendation to City Council for the Official Zoning Map amendment to include property from Volusia County A-2 (Rural Agriculture) to City R-2 (Single Family residential) for the subject property. Seconded by Ms. Zeese. Motion carried 6-0. G. City of Edgewater, requesting an amendment to the Planning and Zoning Board By- Laws to be consistent with all City Boards. Chairman V opelak asked if anyone had any comments or recommended changes to the proposed By-Laws. Mr. Heeb stated he had several. Ms. Zeese also had one recommended change (see attached Strike- thrulunderlined version reflecting Mr. Heeb's and Ms. Zeese's suggestions.) Much Discussion followed regarding the proposed By Laws, as well as the recommended changes. Mr. Heeb made a motion to send a favorable recommendation to Coty Council to adopt the proposed By-laws for the Planning and Zoning Board with the recommended changes. Seconded by Ms. Zeese. Motion carried 6-0. 6. DISCUSSION ITEMS 1. Planning Directors Report None at this time. 2. Chairman's Report None at this time 3. Agency Member's Report Mr. Garthwaite asked the Board to consider what types/sizes of developments they want to look at. He feels the Board may wish to review Commercial developments which are smaller than 25,000 sq. ft. as stated in the Land Development Code. Mr. Lear expressed some hesitation in bring Site Plans smaller than 25, 00 sq. ft. before the Board. He cited 4-10-03 P&Z minutes 4 ~ ~ CITY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, April 10, 2003 6:30 p.m. the procedures a site plan goes through prior to approval and feels the additional time required for plans to be reviewed by the Board would dissuade developers. He further stated that the joint workshop between the Planning and Zoning Board and the Economic Development Board would be a good time to discuss this issue. Mr. Heeb asked when City Council would hold the second reading of the propped changes to the Land Development Code. Mr. Lear stated Council will hear that item on May 5 and if approved the changes would be effective immediately. Mr. Heeb discussed the Boards responsibility to ensure the Land Development Code is constistant with the Comprehensive Plan. He feels the will be some inconsistencies if the proposed code is adopted. He asked for clarification about when a review for consistency is done. Mr. Lear explained the procedures. Discussion of this issue followed. Chairman V opelak discussed having a board member attend Economic Development Board meetings. Mr. Tom Hamall, Economic Development Board member asked to speak and stated he felt it would be beneficial for the respective boards to develop a list of questions for the other board to try to gain understanding of the views, goals and objectives of each board prior to a joint workshop. This was discussed and Chairman V opelak asked the Board members to submit a list of questions they have to the Board Coordinator by April 23, 2003. Mr. Heeb agreed to attend the May meeting of the Economic Development Board. 7. ADJOURNMENT There being no further business to discuss the meeting adjourned at 7:55 p.m. Minutes respectfully submitted by:. Pat Drosten Planning Technician 4-10-03 P&Z minutes 5 .... """'" CITYOFEDGEWATER PLANNING AND ZONING BOARD BY-LAWS ARTICLE I: Official Name The official name of the this Board shall be the Planning and Zoning Board of the City of Edgewater, Florida, hereinafter referred to as "PZB." lip & Z Board" ARTICLE IT: Pumose and Intent The purpose and intent of these By-Laws is to set forth a uniform set ofprocedures whereby the City of Edge water Planning and Zoning Board may regulate the manner in which it elects officers, conducts meetings, and otherwise carries out its functions. The By-Laws will serve as a guideline in handling all affairs pertaining to the Edgewater Planning and Zoning Board. ARTICLE ID: Membership A. Voting Members and Appointments 1. The ~ P & Z Board shall have seven (7) voting members. Each member shall be appointed by City Council for a term of three (3) years and shall be subject to removal as set forth by City Council. The terms of appointment shall be staggered. 2. A quorum shall consist offour (4) members. All recommendations and actions of the Board shall require the affirmative vote ofa majority of the members present. 3. Prior to appointment, prospective members shall submit a City application, stating therein a brief synopsis of their education, experience and reason for their interest in serving on the P@. P & Z Board. 4. To be eligible for appointment, a prospective member shall be a resident of the City of Edgewater. 5. No member of the ~ P & Z Board shall receive compensation for their service, provided, however, that members may be reimbursed for out-of-pocket expenses as approved by the City. 6. One (1) non. voting member shall be appointed by the V olusia County School Board per Florida Statute Section 163.317 4(i). This member shall serve without compensation from the City and shall be exempt from residency and attendance requirements. The school board member shall comply with all other procedural standards relating to the ~ P & Z Board. B. Vacancies 1. During the term of appointment, should a member of the ~ P & Z Board change residence to the extent he or she would not be eligible for appointment to the ~ f & Z Board, the member shall forfeit the office and it shall be deemed vacant. '-' ....., 2. If a P6B P & Z Board member is absent for three (3) consecutive regular meetings, or is absent for four (4) total meetings during any calendar year, said member shall forfeit the office and it shall be deemed vacant. 3. City Council may remove any member of the P6B P & Z Board from office for cause provided the member is notified in writing of the charges and after an opportunity for the member to be heard by Council. 4. Any vacancy occurring during the unexpired term of office of any member shall be filled by City Council. The P & Z Board shall review ap1>lications and mat<e a recommendation to City Council. The vacancy shall be filled as soon as practical after it occurs. for the remainder of the term. c. Voting Contlicts 1. No member of the Pm P & Z Board shall vote upon any matter which would inure to his or her special private gain or loss, or any principle by whom he or she is retained, or by any relative or business associate. 2. No member of the ~ P & Z Board shall appear for or represent any person in any matter before the Pm P & Z Board other than him or herself. No past member shall appear before the ~P & Z Board except when representing him or herself for a period of twelve (12) calendar months after his or her service bas ended. ARTICLE IV: Election of Officers A. Chairman L The Chairman shall serve as the presiding officer at all meetings and hearings ofthe Pm p & Z Board and appoint any committees from the ~ P & Z Board membership that are deemed necessary. 2. . The Chairman shall.be elected by a majority of the voting membership at the first regular meeting in January each year. The Chairman shall be eligible for re~election. B. Vice Chairman 1. The Vice Chairman shall be elected by the Pm P & Z Board from among its regular members in the same manner as the Chairman and shall be eligible for re~election. 2. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties of the Chairman. 3. In the event of death, resignation, or removal from office of the Chairman, the Vice Chairman shall perform the various duties until such time the Pm P & Z Board shall elect a new Chairman and Vice Chairman. C. Other Presiding Officers The members of the P6B p.& Z Board may select an additional member to preside over the meeting(s) in the absence ofthe Chairman and Vice Chairman. " .... ....., D. Board Coordinator 1. The board coordinator shall be provided by the City and be a City employee. 2. The board coordinator shall prepare and distribute agendas, correspondence and minutes on the Friday before the meeting and shall establish and maintain files to ensure they are properly kept. All recorded meeting tapes shall be provided to the City Clerk for safe keeping. 3. Any correspondence prepared by a member of the pgs P & Z Board shall be provided to the board coordinator for distribution to the pgs P & Z Board members. E. Professional Support The City shall provide professional support to the pgs P & Z Board as may be necessary. ARTICLE V: Meetin~lHearin2s A. Regular Meetings Regularly scheduled meetings of the PZB P & Z Board shall be held the second Wednesday of each month. B. Special Meetings Special meetings or hearings of the PZB P & Z Board may be called by the Chairman. C. Requirements All meetings shall be open to the public, provide due public notice, follow Roberts Rule of Order and the Florida Sunshine Laws. ARTICLE VI: Powers and Duties A. The PZBP & Z Board sham exercise the following powers and duties: 1. Be the responsible agency to initiate review and/or amendments to the City's Comprehensive Plan and recommend such to City Council. 2.. Review all proposed amendments to the City's Land Development Code and make recommendations to City Council as to the consistency of proposed amendments to the Comprehensive Plan. 3. Monitor the effectiveness of the Comprehensive Plan by the formal periodic evaluation procesS described in Chapter 163.3191, FS. 4. Provide recommendations to City Council regarding applications for the following: a. Subdivisions and plats; b. Development and zoning agreements; c. Proposed annexations; d. Proposed rezonings; e. Site plans over twenty-five thousand square feet (25,000 sq. ft.) of building area. f. Text amendments; g. Mining agreements; h. AbandonmentN acations; and/or 1. Land Use Amendments 'l "- ....,; 5. Provide a coordinated planning effort between the City and the Volusia County School Board per Florida Statutes Sec. 163.31777. B. The P & Z Board shall have final authority to approve. modifv. and/or deny. unless appealed to City Council: 1. Conditional Use Permits; 2. Variance Applications. ~ C. ~ppea~ Any person aggrieved by the decision of the Pm P & Z Board shall appeal such decision to City Council in the manner and form required by the City Council. ~rticle VII: ~mendments The By-Laws may be amended at a regular or special meeting of the Pm P & Z Board, provided that a written notice shall have been sent to each member at least thirty (30) days in advance of the vote, which notice shall contain the proposed amendment. Adopted by the Board this day of , 2003. Edwin L. V opelak, Chairman Attest: Bonnie Wenze~ Board Coordinator Strike th.'1:l are deletions Underlines are additions A