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05-10-2006 '-" CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. 'wi 1. CALL TO ORDER Chairman Vopelak called to order the Regular Meeting of the Planning and Zoning Board at 6:30 p.m., May 10, 2006 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Edwin Vopelak, Pat Card, David Ross, John Weiss, Todd Fuhrmann and Charlene Zeese. Sandy Jones was absent. Also present were Interim City Manager Jon Williams, Development Services Director Darren Lear, Paralegal Robin Matusick and Planning Technician Bonnie WenzeL 3. APPROVAL OF MINUTES MOTION bv Mr. Card. second bv Mrs. Zeese to approve the minutes of April!2. 2006. MOTION CARRIED 6-0 PUBLIC HEARINGS 4. OLD BUSINESS a. AN-0601 - Sid Peterson, requesting annexation of approximately 80::1: acres of land located south of the Taylor Road and Glencoe Road intersection. Chairman Vopelak stated this item was to be continued to the June 14,2006 meeting. MOTION bv Mr. Card to continue AN-060! to the June 14.2006 Plannine: and Zonine: Board meetine:. second bv Mr. Weiss. MOTION CARRIED 6-0 b. AN-0515 - Arthur Gardiner, Sr., requesting annexation of 82.33::1: acres of land located south of Taylor Road. Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the request. Mark Watts, 351 East New York Avenue Deland, stated the request at this time is strictly for annexation. Mr. Watts explained that the Future Land Use and Zoning Map amendments would be heard at a later date. He continued to explain the history of the property and the proposed use by Mr. Gardiner. Mr. Card brought up the problems associated with this property and Volusia County Code Compliance. Mr. Watts stated that due to the problems in the County Mr. Gardiner decided to resolve the Code violations and annex into the City of Edgewater. Mr. Card stated that he understood many of the neighbors were concerned about the type of business being run from the property. He wondered if the City would be subject to any liability due to the fill on the property. Mr. Watts stated there were no hazardous material issues, and all Code violation were resolved, he further added that this was private property and the City would not be liable for the property owners actions. 5-10-06 p&z Minutes CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. There was discussion regarding what the City would get by annexing this property and whether or not there were any listed species on-site. Mr. Card was concerned about the current fire situation. Mr. Card stated to Mr. Watts that this would be an uphill battle to develop the property in the City. Mr. Watts stated the commercial building is already on-site. '-' ...", Mr. Weiss was concerned that they were bringing the property into the City because they could not run the business in the County. Mr. Watts stated the County took contractor storage in Agricultural zoning districts out of the Land Development Code in 2003. Mr. Weiss stated he looks at how the use will comply with the Comprehensive Plan and what benefit there will be to the City. He added that he has a problem bringing in a piece of property that will bring code enforcement problems. Mr. Watts stated that the intent is to bring in the property and have the contractor storage on-site and follow the City zoning criteria. Mr. Ross stated that staff recommended approval, and asked what the benefit to the City would be. Mr. Lear stated the proposed larger lots are a benefit. Mr. Ross stated the use was almost light industrial, and asked how that was compatible to the surrounding area. Mr. Lear stated staff was looking at the residential use, which is compatible. Mr. Ross stated the only benefit to the City was to control what could go on the land. Larry Buck, 1603 S. Riverside Drive spoke about the lots being five (5) acres, but only one (1) acre being dry. Bob Rosa, 2215 Hidden Trail, spoke against the annexation and use of the property and showed a power point presentation showing Mr. Gardiner's business. Denise Mumpower, 1603 S. Riverside Drive spoke against the annexation and use of the property, as well as the use of a closed road. Lenore Rosa, 2215 Hidden Trail, spoke against the annexation and the use of the property. Mike Thanksly stated there should be no special exceptions allowed for this property. Eric Vincent, 2897 Hardy Avenue New Smyrna Beach, spoke about the depth of the lake. Ryan Thompson, Taylor Road New Smyrna Beach, spoke about the depth of the lake. Raleigh Werking, 2101 Knittle Circle New Smyrna Beach, stated this was a residential neighborhood and the entrance being used was supposed to be closed. Ron Hartwell, 2420 Taylor Road New Smyrna Beach, stated Mr. Gardiner was a nice guy and to get back to basics. Art Gardiner, 641 Bay Drive New Smyrna Beach, stated he was going to live on the property, and that there was nowhere on-site for a landfill. He stated the property only had a commercial building on it, in which he intended to store his trucks and work on them. He also invited the Board to come see the site. 5-10-06 p&z Minutes 2 CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. Mr. Card stated he has been to the property and has no objection to the annexation, but wanted Mr. Gardiner to understand that he will have a tough time getting a commercial designation for the property. Mr. Werking stated the problem was the trucks going in and out of the site. Mr. Gardiner stated he obtained a permit from Volusia County to pave the road. '-" ...." Mr. Watts reiterated that the use of the land was not the Issue at hand, and they were still comfortable annexing into the City. Mr. Fuhrmann stated he has a friend who lives nearby and thought the property has been cleaned up. He added that it appears to be only truck storage. Mrs. Zeese suggested letting the County police the site. Mr. Ross stated that the benefits to the City need to be weighed. Mr. Card stated five (5) acre parcels are hard to come by and the property would be better off in the City, that way the City can control the use. There being no further discussion, Chairman Vopelak closed the public hearing. Mr. Weiss stated he did not think this property would benefit the City at this time. MOTION by Mr. Weiss to send an unfavorable recommendation to City Council for the annexation of 82.33::1: acres of land located south of Taylor Road. second by Mrs. Zeese. MOTION FAILED 3-3 MOTION by Mr. Card to send a favorable recommendation to City Council for the annexation of 82.33::1: acre of land located south of Taylor Road. second by Mr. Ross. MOTION FAILED 3-3 MOTION by Mr. Card to continue AN-0515 to the June 14.2006 Plannine: and Zonine: Board meetine:. second by Mr. Weiss. MOTION CARRIED 6-0 Chairman Vopelak called a recess at 7:55 pm. The meeting resumed at 8:05 pm. 5. NEW BUSINESS a. SD-0504 - Julington Oaks LLC, requesting preliminary plat approval for an 86"unit residential subdivision located on 29.28::1: acres west of US Highway 1 and north of Clinton Cemetery Road. Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. Mr. Lear stated the development has an RPUD Agreement that was entered into on January 23,2006. The Agreement specifies the number of permitted lots and specific lot sizes. 5-10-06 p&z Minutes 3 CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. Mike Evans, 1682 W. Hibiscus Boulevard Melbourne, stated the plat provided meets the requirements set forth in the RPUD Agreement. ... ....." Mr. Ross asked if the Agreement allows for 60'foot lots. Mr. Evans stated yes. Mr. Ross asked if there would be a buffer to the industrial property to the north. Mr. Lear stated that at such time the industrial property is developed they would be required to buffer the residential. Mr. Ross stated there was no reason for all 60-foot lots. Mr. Lear stated the RPUD Agreement has been approved and the development meets those requirements. Mr. Lear also stated the RPUD Agreement specifies lot dimensions of 60' x 120'. There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mrs. Zeese to send a favorable recommendation to City Council for nreliminary nlat annroval of an 86'unit residential subdivision located on 29.28:C acres of land located west of US Hi2'hwav 1 and north of Clinton Cemetery Road. second bv Mr. Weiss. MOTION CARRIED 5-1. with Mr. Ross votin2' NO. b. SD-0506 -Worthington Creek Investment LLC, requesting preliminary plat approval for a 436-unit residential subdivision located on 155.64::1: acres northwest of William Street, west of US Highway 1. Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. Mr. Lear stated the development has an RPUD Agreement that was entered into on January 23,2006. The Agreement specifies the number of permitted lots and specific lot sizes. Mike Evans, 1682 W. Hibiscus Boulevard Melbourne, stated he has worked with the residents to the south and has spoken with some City Council members. He stated they have added 28' 75' lots along the southern boundary and included a 50-foot buffer, which includes a 25-foot berm, also only single'story residences will be permitted in this area. Mr. Card asked how much of this was required by the City. Mr. Evans stated none of it was required by the Land Development Code. Mr. Card asked Mr. Evans if he has promoted a new north/south access road. Mr. Evans stated he has at Mr. Card's direction. Mr. Card stated he would like to see side setbacks of five (5) feet on one side and lO-feet on the other. Mr. Lear stated that could not be done because the Agreement requires a 7-Y2 -foot side setback. Mr. Ross asked if the Agreement specifies lot widths. Chairman Vopelak stated the density was less than three (3) units per acre. Mr. Ross said he had no problem with the density, but that it would be sad if the City ended up with row housing. Faye Levine, 4558 Lake James Circle, states the developer has met with the residents of Shady Oaks and made changes to the development to help alleviate their concerns. She stated the Board should recommend approval of the subdivision. There being no further discussion, Chairman Vopelak closed the public hearing. 5-10-06 p&z Minutes 4 '-' CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. ....." MOTION bv Mrs. Zeese to send a favorable recommendation to City Council for preliminary plat approval of a 436.unit residential subdivision located on 155.64:1: acres northwest of William Street. west of US Hi~hwav 1. second bv Mr. Card. MOTION CARRIED 6-0 c. SD-0601 - River Colony Inc, requesting preliminary plat approval for a 4.2:1: acre, 15-lot residential subdivision located north of Jones Fish Camp Road, east of the Indian River. Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. He stated this development has an approved RPUD Agreement associated with it. Mr. Weiss asked what the City was going to do about the traffic in the area. Mr. Lear stated this section of US Highway 1 had an established LOS of B, this development will not be detrimental to the roadway system. There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mr. Card to send a favorable recommendation to City Council for preliminary plat approval of a 4.2:1: acre. 15-lot residential subdivision located north of Jones Fish Camp Road. east of the Indian River. second bv Mrs. Zeese. MOTION CARRIED 6-0 d. SP-0509 - John Massey, requesting site plan approval for a 6-unit residential development located on 8.12:1: acres of land west of Massey Ranch Airpark. Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the request. He stated this project also has an executed RPUD Agreement associated with it. There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mr. Card to send a favorable recommendation to City Council for site plan approval of a 6.unit residential development located on 8.12:1: acres of land west of Massev Ranch Airoark. second bv Mr. Ross. MOTION CARRIED 6-0 e. AN-0513 - Janice Shore requesting annexation of 1:1: acre ofland located at 1008 Flying M Court. Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the request. There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mrs. Zeese to send a favorable recommendation to City Council for the annexation of 1:1: acre of land located at 1008 Flvin~ M Court. second bv Mr. Card. MOTION CARRIED 6-0 5-10-06 p&z Minutes 5 '-' CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. ......, f. CPA-0607 - Janice Shore requesting an amendment to the Comprehensive Plan Future Land Use Map to include 1::1:: acre of land located at 1008 Flying M Court as Low Density Transition with Conservation Overlay. Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the request. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 1:1: acre of land located at 1008 Flying M Court as Low Density Transition with Conservation Overlay. second by Mr. Weiss. MOTION CARRIED 6-0 g. RZ-0605 - Janice Shore requesting an amendment to the Official Zoning Map to include 1:1: acre on land located at 1008 Flying M Court as RT (Rural Transition). Chairman Vopelak opened the public hearing. Mr. Lear provided background information of the request. There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mr. Weiss to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 1:1: acre of land located at 1008 Flying M Court as RT (Rural Transition). second bv Mr. Card. MOTION CARRIED 6-0 At 8:40 pm Chairman Vopelak called recess, the meeting resumed at 8:50. h. RZ-0513 - Reflections Community Development requesting an amendment to the Official Zoning Map to include 877.50:1: acres of land located at 3450 Old Dawson Ranch Road (west of 1-95 and south of SR 442) as RPUD (Residential Planned Unit Development) and approval of the RPUD Agreement. Chairman Vopelak opened the public hearing. Mr. Lear provided background information. Mr. Ken Mitchell, Reflections Community Development, stated that they have worked with the School Board on the potential school site and will designate a specific site on the master plan. He added that flexibility is desired for the site, with School Board approval. Mr. Card stated he was concerned about fires in the nearby area and asked if any fire buffers were considered. Mr. Mitchell stated controlled burns and fire breaks could help. Mr. Card asked if the developer would consider side setbacks of 10-feet on one side and five (5) feet on the other. Mr. Mitchell stated that could be included as an option, he did not have a problem with that setback on the 55-foot lots and will consider it. Mr. Mitchell added that the developer is providing a two (2) acre parcel on -site for a fire station. 5-10-06 p&z Minutes 6 '-" CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. ....., There was discussion regarding the design and construction of the project. Mr. Ross stated he wanted the HOA/CDD documents to specify that that no other documents will supersede the RPUD Agreement without the Agreement being amended. He asked Mr. Williams what substantial changes were and asked for the wording to be more specific. Mr. Ross then asked the developer if they would provide a five (5) acre parcel to the City for a new City Hall. Mr. Mitchell stated they would do that with mutual agreement with the City, with the stipulation that the property would revert back to the developer if the City opted not use the property for a City Hall. He would also like architectural control over the design. Mr. Weiss asked Mr. Mitchell what he would do if he could only have 75-foot wide lots. Mr. Mitchell said the proposed changes are going in the right directions, but flexibility is needed in a PUD Agreement. He stated that he liked the idea of developments having parks in them rather than all large lots. Earl Underhill, Miami Corporation, spoke of their concerns with the access road and the logging trucks. Saralee Morrissey, Volusia County School Board, stated that it appears the School Board's concerns have been addressed. Lisa Ford Williams, 509 W. New York Avenue Deland stated her family has concerns about the annexation and access to their property. There being no further discussion Chairman Vopelak closed the public hearing. Mr. Fuhrmann asked about the capacity at the new schools being proposed. Mrs. Morrissey stated the new high school will have some available capacity, and they are working with Edgewater and New Smyrna Beach for a school location west of 1-95. She added that the new middle school that will be built in Edgewater would have adequate capacity. MOTION to send a favorable recommendation to City Council for the amendment to the Official Zoning- to include 877.50:1: acres of land located at 3450 Old Dawson Ranch Road as RPUD and approval of the associated RPUD Ag-reement with the following- conditions: that Exhibit "B" indicates the proposed school site, amendment by Mr. Ross to include the condition that the developer make a g-ood faith effort to attempt to neg-otiate an acceptable deal to title over land for a City Hall in a mutually acceptable location, second by Mr. Weiss. MOTION CARRIED 6-0 7. OTHER BUSINESS None at this time. 8. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear stated that another workshop will be scheduled to discuss the proposed Land Development Code changes. He stated that staff would contact each board member the following day to schedule the meeting. b. Chairman's Report 5-10-06 p&z Minutes 7 '-" None at this time. c. Agency Member's Report None at this time. 7. ADJOURNMENT CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 10, 2006 6:30 p.m. ...., Minutes respectfully submitted by: There being no further business to discuss, the meeting adjourned at 10:05 p.m. Bonnie Wenzel, Planning Technician 5-10-06 p&z Minutes 8