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03-09-2005 ~ CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, March 9, 2005 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., March 09,2005 in the Community Center, located at 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Edwin Vopelak, Todd Fuhrmann, Charlene Zeese, Pat Card, Sandy Jones, Robert Garthwaite and Kristine Pluscec. Also present were Chief Planner Darren Lear, Paralegal Robin Matusick, and Planning Technician Bonnie Wenzel. 3 . APPROVAL OF MINUTES MOTION bv Mr. Card. second bv Ms. Jones to approve the minutes of February 9. 2005 as presented. MOTION CARRIED 6-0 PUBLIC HEARING 4. OLD BUSINESS None at this time. 5. NEW BUSINESS PUBLIC HEARING a. CPA-0411 - Halstead Resources Inc., requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.3::1: acres of land located at 2203 S. Ridgewood Avenue as Commercial and High Density Residential. Chairman Vopelak opened the public hearing. Mr. Lear stated the commercial portion of this property would have a depth of approximately 300-feet, with the remaining property to be residential. He added that the only request before the Board was for the Land Use amendment, and that the rezoning to RPOD with the associated POD Agreement would come before the Board at a later date. Brad Haynes, Halstead Resources Inc., stated he would be happy to answer any questions the Board had. There was discussion regarding the height of the buildings, and setbacks. Mr. Lear stated that those questions would be answered in the POD Agreement, which will come before the Board for recommendation to City Council. Robert Tydings, 33 Pelican Drive spoke of his concern with fire safety issues. Mr. Lear stated the development would be required to meet the Florida Fire Prevention Code. Chris Vogel, 2201 S. Ridgewood Avenue # 40, stated that the conceptual plat was not proportioned and voiced his concern over the width of the property. He also spoke about the surrounding area and the land uses there. He further added that three (3) or four (4) story buildings were unprecedented in this area. Mr. Haynes responded by saying the conceptual plan was just that and not to scale. He added that all Codes were taken into consideration and what could not be met would be addressed in the PUD Agreement. Judy Szymczyk, 2201 S. Ridgewood Avenue # 33, asked how this would impact police, fire, schools, traffic, etc. Robert Moore, 2201. S. Ridgewood Avenue # 28 stated that most of the trailers on the south side of Friendly Shores were right on the property lines. 3-9-05 P&Z mInutes '-" CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, March 9,2005 6:30 p.m. ,.., Chairman V opelak presented a petition provided by the residents of Friendly Shores and the surrounding area for the record. Robert Black, 2001 S. Ridgewood Avenue # 9 stated the plan provided to them was not to scale. He added that the community was opposed to this development. Sally Devilbiss, Pelican Cove East asked what kind of buffer would be provided. Mr. Lear stated a 10-foot buffer to the south. Further discussion ensued regarding the height of the buildings. Tim Howard, Willow Oak Drive stated they tried to take a difficult piece of land and make the most of and meet the required Codes. He added that a lot of issues would be addressed when the PUD Agreement is brought before the Board. Further discussion ensued regarding the height, lot width and density. Mr. Lear stated the City has policies concerning the annexation of enclaves and infill development. Mr. Card voiced his concerns about the height and density of this project, as well as the width of the property. Mrs. Zeese also voiced concern over the height. Mr. Furhmann stated they have to consider the owners' rights and stated the height issue was not before them right now. Mr. Haynes stated the total project would be 18 residential units. He added that the PUD Agreement would address the height, setback and buffer issues. Robert Tydings asked who would maintain the roads, sewers and retention areas. Mr. Lear stated the roads are proposed to be private past the commercial portion of the property, therefore the Homeowner's Association would be required to maintain the roads. Chairman V opelak closed the public hearing. MOTION bv Mr. Garthwaite. second bv Mr. Card to send an unfavorable recommendation to City Council for the amendment to the ComDrehensive Plan Future Land Use MaD to include 2.3:f: acres ofland located at 2203 S. Rid2ewood Avenue as Commercial and Hi2h Density Residential. MOTION CARRIED 6-1. Ms. Jones dissented. b. CPA-050l - Targator Partners LLC, requesting an amendment to the Comprehensive Plan Future Land Use Map to change 2.67:f: acres ofland located on the southeast comer of Falcon Avenue from Commercial to High Density Residential. Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staff's recommendation. He stated this project would be a good transition from the Commercial to the east and the residential to the west. Mr. Lear added that water and sewer were located on site, as well as access to Falcon Avenue. 3-9-05 P&Z mInutes 2 '-" CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, March 9, 2005 6:30 p.m. .....", Mr. Garthwaite stated this was a good location for this project, although there would be a lot of traffic on Falcon Avenue. Mr. Lear stated the Traffic Study concludes the Level-of-Service standards are met. Mr. Card stated he also felt this was a good transition. Chairman Vopelak read a letter from John & Tillie Propheita of 207 Falcon Avenue against have two (2) story buildings behind their property. Chairman V opelak closed the public hearing. MOTION bv Mr. Card. second bv Mrs. Zeese to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 2.67:l: acres of land located alone: Falcon Avenue as Hie:h Density Residential. MOTION CARRIED 7-0 c. AB-0401 - Judson 1. Woods Jr., P.A., requesting the abandonment/vacation of the six-foot (6') planting buffer along property located at 2751 Alamanda Drive. Chairman V opelak opened the public hearing and Mr. Lear provided the background information on the request. Judson Woods Jr., P.A. stated this was a pretty straightforward request to allow access to the parcels, and he would be glad to answer any questions the Board may have. Jody Mitchell, 2751 Alamanda Drive voiced concerns over the location of her driveway once the lot split was finalized. Mr. Woods stated a 30-foot strip of property was deeded to the Mitchell's for access. There was much discussion regarding the driveway issue and lot split. Mr. Garthwaite determined that the driveway concerns were legal issues to be discussed by each party's attorneys. Chairman V opelak closed the public hearing. MOTION bv Mr. Card. second bv Ms. Jones to send a favorable recommendation to City Council for the proposed abandonment of the six-foot (6') plantine: buffer with the followine: conditions: (1) the owners shall complete application for a Minor Lot Split of the orie:inal parcel with the City and (2) the Technical Review Committee approves the Minor Lot Split request. MOTION CARRIED 7-0. d. VA-0405 - Dennis and Deborah Carvalho, requesting a variance from Section 21-42.05 (e) and 21- 50.02 (Table V-I) to construct a single-family residence on a vacant lot between 17 and 19 Pelican Drive. Chairman Vopelak opened the public hearing and Mr. Lear provided a summary of the request. He stated this variance was approved by the Board on July 11,2001 and has since expired; therefore the request is back before the Board. Dennis Carvalho stated they have owned the lot for the past 12 years and they would like to build a house that is lined up with the other houses on the street. 3-9-05 P&Z mInutes 3 ~ CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, March 9,2005 6:30 p.m. ....", Chairman V opelak closed the public hearing. MOTION by Mr. Garthwaite. second by Mr. Card to approve the variance from the City of Edeewater Land Development Code. Section 21-42.05(e) and Section 21-50.02 (Table V-I) footnote (1) to allow a rear setback of thirty-one (31) feet in lieu of the required fifty (50) feet from the Mean Hieh Water Line with the condition that eneineered stormwater plans be approved by the City Eneineer to ensure no direct run-off into the Indian River. MOTION CARRIED 7-0 e. V A-0501 - Mark D. White and Joseph Roberts, requesting several variances from Article V of the City of Edgewater Land Development Code to allow the construction of a commercial building located on the corner of Guava Drive and 26th Street. Chairman V opelak opened the public hearing, and Mr. Lear provided background information on the request. Chairman V opelak closed the public hearing. MOTION by Mrs. Zeese. second by Ms. Jones to approve the followine: requests for the property located on the southeast corner of Guava Drive and 26th Street: (a) Section 21-50.02 (Table V-I) to allow a rear setback of20-feet in lieu of the required 50-feet from residential zonine:/use and (b) Section 21-54.04 (Table V-5) footnote (2) to eliminate the requirement for a six-foot (6') masonry wall; with the condition that a six-foot (6') stockade fence be provided alone: the rear of the property. MOTION CARRIED 7-0 f. V A-0502 - Richard Turner, requesting variances from Section 21-42.05(e) and 21-50.02 (Table V-I) for property located at east of 1202 S. Riverside Drive to allow the construction of a single-family residence. Chairman V opelak opened the public hearing and Mr. Lear provided background information on the request. There was discussion concerning the close proximity to the mean high water line and hurricanes. Chairman V opelak closed the public hearing. MOTION by Mr. Card. second by Ms. Jones to approve the followine: variance requests from the City of Ede:ewater Land Development Code for the property located east of 1202 S. Riverside Dive: (a) Section 21-50.02 (Table V-I) to allow a 99.48 -foot wide buildable lot in lieu of the required 100-feet; (b) Section 21-50.02 (Table V-I) to allow a minimum lot square footae:e (uplands area) of approximately 9.475 square feet in lieu of the required 12.000 feet; (c) Section 21-50.02 (Table V-I) footnote (I) to allow a rear setback of30-feet in lieu of the required 50-feet from the Mean Hie:h Water Line; and (d) Section 21-42.05(e) to allow a 3-9-05 P&Z mInutes 4 '-'" CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, March 9, 2005 6:30 p.m. "'-' structure located in coastal hi!!h hazard area to be 30-feet in lieu of the reQuired minimum 50-feet landward of the reach of the mean hi!!h tide: with the condition that the applicant complete the Minor Lot Split process with the City. MOTION CARRIED 6-1. Mr. Garthwaite dissented. g. Kenneth Roberts, requesting several variances from Article V of the City of Edgewater Land Development Code to allow the construction of a commercial office/warehouse on property located in the 2900 block of Hibiscus Drive. Chairman Vopelak opened the public hearing, and Mr. Lear provided background information on the request. Chairman V opelak closed the public hearing. MOTION bv Mr. Card. second bv Ms. Jones to approve the followin!! variance reQuests for the property located in the 2900 block of Hibiscus Drive. lots 7526 thru 7529: (a) Section 21- 50.02 (Table V-I) to allow a rear setback of20-feet in lieu of the reQuired 50-feet from residential zonin!!/use: (b) Section 21-54.04 (Table V-5) footnote (2) to eliminate the reQuirement for a six-foot (6') masonry wall and (c) Section 21-52.02 (!!) to allow two (2) points of access: with the condition that a minimum IS-feet of natural undisturbed ve!!etation is provided alon!! the rear of the property. that the applicant combines the two (2) parcels prior to site plan approval. and the center parkin!! lot aisle is clearlv delineated as one-wavonly. MOTION CARRIED 7-0 h. SP-0413 - Edgewater Harbor LLC, requesting site plan approval for Phase I ofthe Edgewater Harbor Condominiums. Chairman V opelak opened the public hearing, and Mr. Lear provided background information on the request. Mr. Card asked what the buffer along the southern property line was. Katie Gierok, Gierok Engineering, stated there would be a 50-foot landscaped berm and a ISO-foot setback for the buildings. Mr. Lear stated the plans meet the approved PUD Agreement. Chairman V opelak closed the public hearing. MOTION bv Mrs. Zeese. second bv Mr. Card to send a favorable recommendation to City Council for the approval of Ed!!ewater Harbor. Phase I (SP-0413) site plan in accordance with Section 21-85.04 (e) (5) of the City of Ed!!ewater Land Development Code. MOTION CARRIED 7-0 3-9-05 P&Z mlnutes 5 CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, March 9, 2005 6:30 p.m. 1. FP-0402 - SeaEdge Partners LLC, requesting final plat approval for Phase IA of the Edgewater Lakes Subdivision. '-" ...."" Chairman V opelak opened the public hearing, and Mr. Lear provided background information on the request. Mr. Lear stated that Phase IA would consist of97 single-family dwelling units. Motts Berry, representing SeaEdge Partners LLC stated Phase IA consisted of 97 units on approximately 61 acres of land, which includes approximately 15 acres of Commercial property. Mr. Lear stated this plat meets the requirements of the PUD Agreement. There was discussion regarding the lot sizes within Phase I. Chairman V opelak closed the public hearing. MOTION bv Mr. Garthwaite. second bv Ms. Jones to send a favorable recommendation to City Council for final plat approval of Ede:ewater Lakes. Phase IA. MOTION CARRIED 7-0 OTHER BUSINESS 6. DISCUSSION ITEMS a. Planning Director's Report Mr. Lear provided the Board with a list of upcoming tentative agenda items. b. Chairman's Report None at this time. c. Agency Member's Report None at this time. 7. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8: 15 p.m. Minutes respectfully submitted by: Bonnie Wenzel, Planning Technician 3-9-05 P&Z mInutes 6