05-11-2005
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
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., May 11,
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, and Robert
Garthwaite. Kristine Pluscec was excused. Also present were Chief Planner Darren Lear and Planning
Technician Bonnie Wenzel.
3. APPROVAL OF MINUTES
MOTION bv Mr. Garthwaite. second bv Mr. Card to approve the minutes of April 13. 2005 as
presented.
MOTION CARRIED 6-0
PUBLIC HEARING
4. OLD BUSINESS
None at this time.
5. NEW BUSINESS
PUBLIC HEARING
a. AN-0504 - James C. Carder, requesting annexation of 24.26:i: acres of land located north of Godfrey
Road and east of US Highway 1.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staff's
recommendation.
There being no discussion, 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 annexation of 24.26:i: acres of land located north of Godfrev Road and east of US Hiehwav 1.
MOTION CARRIED 6-0
b. CPA-0503 - James C. Carder, requesting and amendment to the Comprehensive Plan Future Land Use
Map to include 24.26:i: acres ofland located north of Godfrey Road and east of US Highway 1 as Low
Density Residential with Conservation Overlay.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staff's
recommendation.
There being no discussion, Chairman V opelak closed the public hearing.
MOTION bv Mr. Garthwaite. second bv Mr. Card to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 24.26:i:
acres of land located north of Godfrev Road and east of US Hiehwav 1 as Low Densitv Residential
with Conservation Overlav.
5-11-05 P&Z Minutes
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
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MOTION CARRIED 6-0
c. AN-0505 - River Colony Inc., requesting annexation of 4.2:1: acres of land located north of Jones Fish
Camp Road, west of the Indian River.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs
recommendation.
Robert Harney, 129 Jones Fish Camp Road asked about the intention of the abandonment of Nellie and
Alice Streets. Mr. Lear stated that request was later in the agenda, but explained what Mr. Tobin was
asking for. Scott Tobin stated the entrance to their development was going to be off US Highway 1. Mr.
Harney voiced concerns of Boston Whaler being pushed out with all of the residential development going
on. He also voiced concerns over the animals on the property. Mr. Lear stated an environmental
assessment would have to be completed and approved by the city prior to anyon-site development.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Card. second by Mr. Garthwaite to send a favorable recommendation to City
Council for the annexation of 4.2:1: acres of land located north of Jones Fish Camp Road and west of
the Indian River.
MOTION CARRIED 6-0
d. CP A-0504 - River Colony, Inc., requesting an amendment to the Comprehensive Plan Future Land Use
Map to include 4.2:1: acres of land located north of Jones Fish Camp Road, west of the Indian River as
Low Density Residential.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs
recommendation. Mr. Lear stated that the proposed Future Land Use designation is less intensive that the
current County Future Land Use.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Card. second by Ms. Jones to send a favorable recommendation to City Council for
the amendment to the Comprehensive Plan Future Land Use Map to include 4.2:1: acres of land
located north of Jones Fish Camp Road. west of the Indian River.
MOTION CARRIED 6-0
e. AN-0506 - Glenn D. Storch, P.A., requesting annexation of 80.97:1: acres of land located west of US
Highway 1, and northwest of William Street.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs
recommendation. There was discussion regarding secondary north/south corridor to help with all of the
additional traffic. Glenn Storch stated that while it was not up to his client to secure roadways, he was
more than willing to back the City up about the need.
5-11-05 P&Z Minutes
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
,.."",
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION bv Mr. Card. second bv Mr. Garthwaite to send a favorable recommendation to City
Council for the annexation of 80.97:1:: acres of land located west of US Hi!!hwav 1 and northwest of
William Street.
MOTION CARRIED 6-0
f. AN-05.07 - We star Homes, Inc., requesting annexation of 13.4:1:: acres of land located west of US
Highway 1 and north of Packwood Road.
There was no discussion regarding this request as Mr. Lear has stated the item is to be continued.
MOTION bv Mr. Garthwaite. second bv Mr. Card to continue the request for annexation to a
later date.
MOTION CARRIED 6-0
g. AN-0501 - Riverclub - Seagate Investments, LLC requesting annexation of 41.891:1:: acres of land
located east of US Highway 1 and south of River Park Boulevard.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff s recommendation.
There was discussion concerning a secondary north/south corridor.
MOTION bv Mr. Garthwaite. second bv Mr. Card to send a favorable recommendation to City
Council for the annexation of 41.891:1:: acres of land located east of US Hi!!hwav 1 and south of
River Park Boulevard.
MOTION CARRIED6-0
h. CP A-0406 - Robert E. Jalbert Sr., requesting an amendment to the Comprehensive Plan Future Land
Use Map to include 12:1:: acres of land located at 2203 and 2295 Cow Creek Road as Agriculture and
Low Density Transition with Conservation Overlay.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation.
Mr. Card asked if the manufacturing on site would cease. Mr. Lear stated that the permitted uses
would be specified at the time of rezoning.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION bv Mr. Garthwaite. second bv Mr. Card to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 12:1::
acres of land located at 2203 and 2295 Cow Creek Road as A!!riculture and Low Densitv
Transition with Conservation Overlay.
5-11-05 P&Z Minutes
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
....,
MOTION CARRIED 6-0
1. CPA-0407 - Robert E. Jalbert Sr., requesting an amendment to the Comprehensive Plan Future Land
Use Map to include 1.0:1: acres of land located at 3208 Eels Grove Road as Low Density Transition.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff s recommendation.
There being no further discussion, Chairman V ope1ak closed the public hearing.
MOTION by Mr. Card. second by Mrs. Zeese to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 1.0:1:
acre of land located at 3208 Eels Grove Road as Low Density Transition.
MOTION CARRIED 6-0
J. CP A-0414 - Daniel and Christine Herman, requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 3.65:1: acres of land located west of US Highway 1 and south of
Clinton Cemetery Road as Commercial with Conservation Overlay.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staffs recommendation.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Card. second by Mrs. Zeese to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 3.65:1:
acres of land located west of US Hil!hway 1 and south of Clinton Cemetery Road as Commercial
with Conservation Overlay.
MOTION CARRIED 6-0
k. CPA-0415 - Glenn D. Storch, P.A. requesting an amendment to the Comprehensive Plan Future Land
Use Map to include 154.97:1: acres of land located west of US Highway 1 and northwest of William
Street as Low Density Residential with Conservation Overlay.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff s recommendation.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mrs. Zeese. second by Ms. Jones to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 154.97:1:
acres of land located west of US Hil!hway 1 and northwest of William Street as Low Density
Residential with Conservation Overlay.
MOTION CARRIED 6-0
5-11-05 P&Z Minutes
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
..".,
1. CP A-0416 - Glenn Storch, P.A. requesting an amendment to the Comprehensive Plan Future Land Use
Map to include 36.07::l:: acres of land located west of US Highway 1 and north of Clinton Cemetery
Road as Commercial and Medium Density Residential with Conservation Overlay.
Chairman Vopelak opened the public hearing, and Mr. Lear provided background information and
staff s recommendation.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION bv Mr. Garthwaite, second bv Mr. Card to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 36.07::l::
acres of land located west of US Hie:hwav 1 and north of Clinton Cemeterv Road as Commercial
and Medium Densitv Residential with Conservation Overlay.
MOTION CARRIED 6-0
m. CP A-0417 - Joe Sfera, requesting an amendment to the Comprehensive Plan Future Land Use Map to
include 12.01::l:: acres of land located west of US Highway I and south of Relocation Road as
Commercial with Conservation Overlay.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staffs recommendation.
There being no further discussion, 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 Comprehensive Plan Future Land Use Map to include 12.01::l:: acres of land
located west of US Hie:hwav 1 and south of Relocation Road as Commercial with Conservation
Overlay.
MOTION CARRIED 6-0
n. CP A-0419 - Ernestina D. Kayat, requesting an amendment to the Comprehensive Plan Future Land
Use Map to include 38::l:: acres of land located west of US Highway I and west of 41 00 S. US Highway
I as Industrial with Conservation Overlay.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff s recommendation.
Mr. Fuhrmann asked if the Industrial property backed up to residential property. Mr. Lear stated it did,
although there were no plans for development at this time.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION bv Mrs. Zeese. second bv Ms. Jones to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 38::l::
acres of land located west of US Hie:hwav 1 and west of 4100 S. US Hie:hwav 1 as Industrial with
Conservation Overlav.
5-11-05 P&Z Minutes
5
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
.....,
MOTION CARRIED 6-0
o. CPA-0505 - Scott R. Tobin requesting an amendment to the Comprehensive Plan Future Land Use
Map to include 30.01:1: acres ofland as High Density Residential with Conservation Overlay.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation.
Mr. Card asked the applicant if they would support a secondary north/south corridor. Mr. Tobin stated
they would. Mr. Tobin added that a traffic study was completed for this project.
There was discussion about the proximity to Boston Whaler. Mr. Lear stated the rezoning of this
property would come at a later date and would address the development criteria for this site.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Garthwaite. second by Mr. Card to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 30.0l:!:
acres of land as Hie:h Density Residential with Conservation Overlay.
MOTION CARRIED 6-0
p. CPA-0506 - A.S.D. Properties, requesting an amendment to the Comprehensive Plan Future Land Use
Map to include 100.66:1: acres of land located east of Old Mission Road and north of Mission Oaks as
Medium Density Residential with Conservation Overlay and Conservation.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation.
There was discussion regarding the development of this site. Mr. Lear stated the Zoning Map
amendment would come at a later date. Mr. Lear added that there are plans by V olusia County to
improve Old Mission Road.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Card. second by Ms. Jones to send a favorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 100.66:1:
acres of land located east of Old Mission Road and north of Mission Oaks a Medium Density
Residential with Conservation Overlay and Conservation.
MOTION CARRIED 6-0
q. AB-0501 - Scott Tobin, requesting the abandonment/vacation of a portion of Alice Street and Nellie
Street.
Chairman Vopelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation.
5-11-05 P&Z Minutes
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
.....,
Mr. Garthwaite asked what the applicant was going to do for the City since they were asking for the
City to give them land. Mr. Tobin stated they were not asking for an abatement of impact fees and will
provide a great development for the City.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Garthwaite. second by Mr. Card to send a favorable recommendation to City
Council of the abandonment/vacation of a portion of Alice Street and Nellie Street.
MOTION CARRIED 6-0
r. V A-0506 - Luis Geil, requesting variance from Article V of the City of Edgewater Land Development
Code to allow the construction of a professional office building on property located on the northeast
corner of US Highway 1 and South Cory Drive.
Chairman Vopelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation. Mr. Lear stated that staff has received the traffic study for this site, and a
Volusia County Use Permit has been applied for. County staff has indicated they would issue a
driveway permit for Cory Drive.
There was discussion of the need for the variance and the size of the proposed building. Marcia
Barnett, owner, stated the size of the building was basically economics.
Mr. Card asked if they were asking for relief from the front setback to maintain the required buffer to
the residential in the rear. Roy Barnett stated that was correct.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Ms. Jones. second by Mr. Card to approve the variance request from Section 21-
50.02 (Table V-I) to allow a front setback of twenty-five feet (25') in lieu of the required forty-
feet (40') and from Section 21-57.05 (Table V-I0) to eliminate the requirement for a loadine
berth provided any required roadway and/or driveway connection improvements are addressed
and approved by all applicable aeencies prior to anyon-site development.
MOTION CARRIED 5-1. Mr. Garthwaite voted NO.
s. V A-0507 - Robert and Jean Kayat, requesting a variance from Article IV and Article V of the City of
Edgewater Land Development Code to allow the construction of an inground pool on property located
at 201 N. Riverside Drive.
Chairman Vopelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation.
Bob Kayat, 201 N. Riverside Drive, stated that the pool would be within the existing retaining wall and
the bottom of the pool is approximately at original grade. Mr. Lear stated the size of the pool in the
original request for this property was minimal. Mr. Kayat stated that the original pool design was
about 10-feet wide.
Mr. Card voiced concerns about runoff. Mr. Kayat stated they would be using pavers for pervious deck
coverage in lieu of concrete which would help alleviate the runoff.
5-11-05 P&Z Minutes
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
""""I
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Card. second by Mrs. Zeese to approve a variance from Section 21-41.04 (a)
and Section 21-50.02 (Table V-I) to allow a setback of twelve feet 02') at the closest point in lieu
of the required minimum buffer of twenty-five feet (25') upland from the wetland boundary and
to allow a setback of eie:hteen feet 08') at the closest point in lieu of the previously e:ranted
variance requirement of a minimum buffer of thirty-one feet (31 ') from the Mean Hie:h Water
Line; and to allow for a side setback of seven feet (7') in lieu of the required ten feet 00').
MOTION CARRIED 6-0
t. TA-0501 - City of Edgewater, requesting amendments to Article ill of the Land Development Code.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation.
Mr. Lear stated that most of the revisions were additions from the Code of Ordinances which should be
included in the Land Development Code and various scrivener's errors. Mr. Lear also stated there were
revisions to the Permitted Uses Table and amendments for consistency with the Comprehensive Plan.
Mr. Card asked if the swimming pool code would eliminate aboveground pools. Mr. Lear stated that
was not the intent, this was taken from the Code of Ordinances and updated by the Building Official.
Mr. Fuhrmann asked why under the RP zoning classification Park Avenue was crossed out. Mr. Lear
stated that this classification was intended for SR 442 due to the widening.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Card. second by Mr. Garthwaite to send a favorable recommendation to City
Council for the amendments to Article In of the Land Development Code.
MOTION CARRIED 6-0
u. AN-0508 - Rodney Jones, requesting annexation of .68::1:: acres of land located at 1155 Old Mission
Road.
Chairman V opelak opened the public hearing, and Mr. Lear provided background information and
staff's recommendation.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mr. Garthwaite. second by Ms. Jones to send a favorable recommendation to City
Council for the annexation of .68::l: acres ofland located at 1155 Old Mission Road.
MOTION CARRIED 6-0
v. AN-0509 - David Lind, requesting annexation of 4.1:1: acres of land located on the northeast corner of
US Highway 1 and Jones Fish Camp Road.
5-11-05 P&Z Minutes
8
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, May 11,2005
6:30 p.m.
.....,
Chairman Vopelak opened the public hearing, and Mr. Lear provided background information and
staffs recommendation.
There being no further discussion, Chairman V opelak closed the public hearing.
MOTION by Mrs. Zeese. second by Ms. Jones to send a favorable recommendation to City
Council for the annexation of 4.1::1: acre of land located on the northeast corner of US Hi!!hway 1
and Jones Fish Camp Road.
MOTION CARRIED 6-0
OTHER BUSINESS
6. DISCUSSION ITEMS
a. Planning Director's Report
Mr. Lear informed the Board that staff has seen a significant amount of applications, but the upcoming
Planning and Zoning Board meetings would have a finite amount of agenda items.
Mr. Lear announced that former Board member Anton Heeb recently passed away; the Board expressed
their sympathy to the family.
b. Chairman's Report
Chairman V opelak stated the Board needs a liaison to the Economic Development Board, as Ms. Jones
is unable to attend the meetings now. Mr. Card offered to be the new liaison, all members agreed.
c. Agency Member's Report
None at this time.
7. ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 7:55 p.m.
Minutes respectfully submitted by:
Bonnie Wenzel, Planning Technician
5-11-05 P&Z Minutes
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