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05-11-2005 '-' 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 '-'" CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 11,2005 6:30 p.m. '-' 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 2 '-" 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 3 "'-"" 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 4 '-'" 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 '-'" 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 6 '-" 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 7 '-' 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 '-' 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 9