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02-08-2006 ""'-' '-" CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 8,2006 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., February 8, 2006 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Edwin Vopelak, Pat Card, Robert Garthwaite, Sandy Jones, and John Weiss. Todd Fuhrmann and Charlene Zeese were excused. Also present were Development Services Director Darren Lear and Planning Technician Bonnie Wenzel. 3. APPROVAL OF MINUTES MOTION by Mr. Card, second by Ms. Jones to approve the minutes of January 11,2006 as presented. MOTION CARRIED 5-0 PUBLIC HEARING Chairman Vopelak stated that three (3) items on the agenda are being tabled to the April 12, 2006, meeting. MOTION by Mr. Card, second by Ms. Jones to continue items RZ-0519, AN-0601 and SP-0520 to the April 12, 2006 meeting. MOTION CARRIED 5-0 4. OLD BUSINESS a. AN-0515 - Arthur G. Gardiner, Sr., requesting annexation of 82.33:1: acres of land located south of Taylor Road. Mr. Lear stated that there were several code issues with Volusia County and staff had recommended the annexation not become effective until the issues have been resolved. After consultation with Chairman Vopelak, staff has reconsidered their recommendation and recommends the annexation be continued until all code violations with Volusia County have been addressed. MOTION bv Mr. Garthwaite, second by Ms. Jones to send continue item AN-0515 to the April 12. 2006 Planning and Zoning Board meeting. MOTION CARRIED 5-0 b. V A-0514 - Sharon Herbert, requesting a variance from Articles IV and V of the City of Edgewater Land Development Code to allow the construction of a swimming pool and gazebo at 427 N. Riverside Drive. Chairman Vopelak opened the public hearing. Mr. Lear provided background on the request. He stated that while this request may not meet all of the variance criteria, similar requests have been granted in the past. Chairman Vopelak asked why the pool could not be moved further to the north. Glenn Herbert, 427 N. Riverside Drive, stated that would bring it closer to the existing bulkhead. 2-8-06 p&Z Minutes .....,; '-" CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 8, 2006 6:30 p.m. Mr. Garthwaite asked what the current and expected impervious coverage was. Mr. Lear stated that Mr. Herbert has a 2-1/2 acre parcel and did not feel the pool would exceed the maximum coverage requirement. Chairman Vopelak asked if there was anything from the engineer allowing the pool this close. Mr. Lear stated the City engineer will have to approve the storm water plans. Mr. Weiss asked where the runoff would go. Mr. Lear stated it was shown on the plans, and Mr. Herbert pointed it out. Mr. Herbert stated one problem with the property is where the canal was cut through it. Mr. Garthwaite asked what type of deck were they proposing. Mr. Herbert stated they were unsure as of now. Mr. Card stated the deck could be a way to increase the pervious surface. Mr. Vopelak suggested a wood deck, while Mr. Garthwaite suggested pavers. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card. second by Ms. Jones to approve the followine variance reQuests from the City of Edgewater Land Development Code: · Section 21-41.04 (a) and Section 21-50.02 (Table V-I) to allow a setback of seven feet (7') at the closest point in lieu of the reQuired minimum buffer of fifty feet (50') from the Mean Hieh Water Line (MHWL) and to allow a setback of twenty feet (20') in lieu of the reQuired twenty-five feet (25') from the Wetlands Veeetation Line; and · Section 21-50.02 (Table V-I) to allow for a side setback of five feet (5') at the closest point in lieu of the reQuired ten feet (10') for construction of a pool deck and eazebo. with the condition that en2'ineered storm water plans be approved by the City Eneineer to ensure that there is no direct storm water run"off into the Indian River. MOTION CARRIED 3-2. with Mr. Weiss and Mr. Garthwaite votine NO. 5. NEW BUSINESS PUBLIC HEARING a. CPA-0514 - Charles Barry, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 5.04::l:: acres of land located south of SR 442, and west of Old Mission Road as Commercial with Conservation Overlay. Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. Mr. Card asked how close this property was to the property defined as Conservation, which is part of the Turnbull Hammock. Mr. Lear stated this property had been filled for approximately 15 to 20- years. Mr. Card added that he has concerns about development on the south side of S.R. 442. Mr. Lear stated the property to the north is Mixed-Use, and the City's vision was for the properties from I -95 to Old Mission Road developed. Ty Harris, 430 Nova Road, Daytona Beach, stated that there were no development plans at this time. He stated that Volusia County's previous objections to this amendment was that services were not available. Water and sewer is now available and the City has a better idea on how the area should be developed. Mr. Harris added that commercial development was more appropriate, as the City is 2-8-06 p&Z Minutes 2 ." '-'" CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 8, 2006 6:30 p.m. starting to have an imbalance of residential to commercial uses. He added that this conforms with the City's vision for the area. Mr. Card asked where the median cut was on S.R. 442 and that people would have to make a U-Turn to enter or leave the site. Mr. Lear stated that the developer could request a median cut through FDOT. Mr. Lear stated he would rather see people go to Old Mission Road at the light. Mr. Card stated he was not comfortable with more commercial on the south side of the road. Chairman Vopelak stated it would be better if all of the properties were zoned Commercial. Mr. Garthwaite stated that this property was already filled and of no use to the Turnbull Hammock. Mr. Lear stated that was correct. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Garthwaite. 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 5.04:1: acres of land located south of SR 442, and west of Old Mission Road as Commercial with Conservation Overlay. MOTION CARRIED 4-1. with Mr. Card voting NO. b. RZ-06Q2 - City of Edgewater requesting an amendment to the Official Zoning Map to include approximately 42.55::1:: acres of land located within the Washington Park subdivision as R-3 (Single-Family Residential), from R-2 (Single-Family Residential). Chairman Vopelak opened the public hearing and Mr. Lear provided background information. Mr. Lear stated that an assessment district has been proposed for this site. There being no further discussion, Chairman Vopelak closed the public hearing. MOTION by Mr. Card. second by Mr. Weiss to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 42.55:1: acres of land located within the Washington Park subdivision as R-3 (Single-Family Residential). from R-2 (Single-Family Residential) . MOTION CARRIED 5-0 c. CPA-0512 - Anthony and Melissa Lancellotta, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .90 acres of land located along Oak Trail as Low Density Transition with Conservation Overlay. Chairman Vopelak opened the public hearing and Mr. Lear provided background information. Mr. Garthwaite asked what type of constraints were associated with this property. Mr. Lear stated that the property was low, but one (1) additional residence would not be detrimentaL He added that staff has contacted the City Storm water department and they concur. There being no further discussion, Chairman Vopelak closed the public hearing. 2-8-06 p&Z Minutes 3 ~ ......... CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 8,2006 6:30 p.m. MOTION by Mr. Garthwaite. second by Mr. Card to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Use Map to include .90:1: acres of land located alone: Oak Trail as Low Density Transition with Conservation Overlay. d. RZ-0520 - Anthony and Melissa Lancellotta, requesting an amendment to the Official Zoning Map to include .90 acres ofland located along Oak Trail as RT (Rural Transitional). Chairman V opelak opened the public hearing and stated they would incorporate the prevlOUS discussion. Mr. Lear stated the proposed zoning designation was compatible with the requested Future Land Use. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Garthwaite. second by Mr. Card to send a fayorable recommendation to City Council for the amendment to the Official Zonine: Map to include .90:1: acres oHand located alone: Oak Trail as RT (Rural Transitional). MOTION CARRIED - 5-0 e. SD-0503 - Joseph Alison, requesting preliminary plat approval for a 30-unit multi-family residential subdivision (15 duplexes), formerly knQwn as Nocatee Subdivision, to be located north of West Knapp Avenue, south of 10th Street and east of the FEC Railroad. Chairman Vopelak opened the public hearing, and Mr. Lear provided the background information. Mr. Garthwaite asked how close 10th Street will come to the development once it is widened. Mr. Lear he was unsure as he has not seen the new plans for this phase of the widening project. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Weiss. second by Ms. Jones to send a favorable recommendation to City Council for preliminary plat approval of a 30-unit multi-family residential subdivision (15 duplexes). formerly known as Nocatee Subdivision. to be located north of West Knapp Avenue. south of 10th Street and east of the FEC Railroad. MOTION CARRIED 5-0 6. OTHER BUSINESS a. Expiration of Terms for Robert Garthwaite and Edwin V opelak. Mr. Card stated that a few of the applicants were present and asked the Board if they would like to hear from them. David Ross provided information on his experience and desire to be on the Planning and Zoning Board. John Cordiero also spoke about his background. 2-8-06 p&Z Minutes 4 ...., ........ CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 8,2006 6:30 p.m. The Board decided to provide their top three (3) picks to staff for recommendation to City Council for the vacancy left by Mr. Garthwaite. MOTION bv Ms. Jones. second bv Mr. Card to recommend City Council reinstate Mr. Vopelak to the Planning and Zoning Board. MOTION CARRIED 5-0. 7. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear provided the year-end Development Report to the Board. 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 7:34 p.m. Minutes respectfully submitted by: Bonnie Wenzel, Planning Technician 2-8-06 p&Z Minutes 5