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10-08-2014j7' City of Edgewater Meeting Agenda Planning and Zoning Board 104 N. Riverside Drive Edgewater, FL 32132 Wednesday, October 8, 2014 6:30 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES AR- 2014 -375 Minutes of the Regular Meeting of September 10, 2014. Attachments: 09 -10 -14 P &ZB Minutes 4. OLD BUSINESS - PUBLIC HEARING 5. NEW BUSINESS - PUBLIC HEARING a. AN -1402 Attachments: b. CPA -1405 Attachments: C. RZ -1405 Attachments: d. TA -1402 Attachments: Judy Adams, applicant, requesting annexation of 10.72 ± acres of land located at 4100 S. US Hwy 1. cart -tech subject Adams aerial Adams survey Judy Adams, applicant - requesting an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include 10.72 ± acres of land located at 4100 S. US Hwy 1 as Industrial. cart tech - industrial Judy Adams, applicant, requesting an amendment to the Official Zoning Map to include 10.72 ± acres of land located at 4100 S. US Hwy 1 as 1 -1 (Light Industrial). cart -tech subject Land Development Code (LDC) text amendment to Article VIII (Administration). Article VIII City of Edgewater Page 1 Printed on 1013012014 Planning and Zoning Board Meeting Agenda October 8, 2014 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report b. Chairman's Report c. Agency Members' Report 8. ADJOURNMENT Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 x 1101, S days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955 -8771 City of Edgewater Page 2 Printed on 1013012014 City of Edgewater nryaf DGEWATEli Meeting Minutes Planning and Zoning Board 104 N. Riverside Drive Edgewater, FL 32132 Wednesday, September 10, 2014 6:30 PM Council Chambers 1. CALL TO ORDER 2. ROLL CALL Present 6 - Board Member Agnes Witter, Board Member Joseph Roy, Board Member George Kennedy, Board Member Jean Kayat, Board Member Pat Card and Chairperson Ed Vopelak Absent 1 - Board Member Robert McIntosh Also Present 2 - Darren Lear and Tabitha Russell Mr. Card arrived at 7:13 p. m. 3. APPROVAL OF MINUTES AR- 2014 -290 Minutes of the Regular Meeting of August 13, 2014 MOTION by Ms. Witter, Second by Ms. Kayat to approve the minutes of the regular meeting of August 13, 2014. Yes: 5 - Agnes Witter, Joseph Roy, George Kennedy, Jean Kayat, and Ed Vopelak Absent: 2 - Robert McIntosh, and Pat Card 4. OLD BUSINESS- PUBLIC HEARING None at this time. 5. NEW BUSINESS - PUBLIC HEARING a. CPA -1404 Glenn Storch, applicant - requesting an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to redesignate a portion of property from Conservation to Mixed Use with Conservation Overlay in the Deering Park project. Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs recommendation. Corey Brown, representing the applicant, spoke in regards to the request and offered to answer any questions from the Board. Motion by Ms. Witter, second by Mr. Kennedy, to send a favorable recommendation to City of Edgewater Page I Printed on 912512014 Planning and Zoning Board Meeting Minutes September 10, 2014 City Council for the amendment to the Comprehensive Plan Future Land Use Map to redesignate a portion of property from Conservation to Mixed Use with Conservation Overlay. The MOTION was APPROVED by the following vote: Yes: 5 - Agnes Witter, Joseph Roy, George Kennedy, Jean Kayat, and Ed Vopelak Absent: 2 - Robert McIntosh, and Pat Card b. AN -1401 Kenneth Bohannon, applicant - requesting annexation of 7.99± acres of land located at 2768 S. Ridgewood Ave. and Alamanda Dr. (PID# 8402- 64 -00- 0020). Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs recommendation. Ken Bohannon, applicant, spoke in regards to the request and offered to answer any questions from the Board. Gary Conroy - 3107 Queen Palm Dr., spoke in regards to the request. Scott Nicholson -123 28th St., voiced his opposition to the request. Dennis Moore - 2759 Alamanda Dr., voiced his opposition to the request. Donna Nicholson - 123 28th St., voiced her opposition to the request. Bruce Smith - 133 28th St., voiced his opposition to the request. Jodi Mitchell - 2751 Alamanda Dr., voiced her opposition to the request. David Hall - 757 Hunting Camp Rd., had questions for the Board and spoke in regards to the request. John Wheelock - 15128th St., voiced his opposition to the request. Stephanie Wheelock - 15128th St., voiced her opposition to the request. Gene Sorg - 139 28th St., voiced his opposition to the request. Geoffrey Hall - 2750 S Ridgewood Ave., had questions for the Board and spoke in regards to the request. Robert Iasimone - 2768 Banyan Tree Dr., voiced his opposition to the request. Motion by Mr. Kennedy, second by Ms. Witter to send a favorable recommendation to City Council to annex the 7.99± acres of land located at 2768 S. Ridgewood Avenue and Alamanda Drive (PID #8402- 64 -00- 0020). Yes: 5 - Agnes Witter, Joseph Roy, George Kennedy, Jean Kayat, and Ed Vopelak Absent: 2 - Robert McIntosh, and Pat Card C. CPA -1403 Kenneth Bohannon, applicant - requesting an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include 7.99± acres of land located at 2768S. Ridgewood Ave. and Alamanda Dr. (PID #8402 -64 -00 -0020) as Commercial with Conservation Overlay. Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs recommendation. Ken Bohannon, applicant, spoke in regards to the request and offered to answer any questions from City of Edgewater Page 2 Printed on 912512014 Planning and Zoning Board Meeting Minutes September 10, 2014 7=11101"070 Gary Conroy - 3107 Queen Palm Dr., spoke in regards to the request. Scott Nicholson -123 28th St., voiced his opposition to the request. Dennis Moore - 2759 Alamanda Dr., voiced his opposition to the request. Donna Nicholson - 123 28th St., voiced her opposition to the request. Bruce Smith - 133 28th St., voiced his opposition to the request. Jodi Mitchell - 2751 Alamanda Dr., voiced her opposition to the request. David Hall - 757 Hunting Camp Rd., had questions for the Board and spoke in regards to the request. John Wheelock - 15128th St., voiced his opposition to the request. Stephanie Wheelock - 15128th St., voiced her opposition to the request. Gene Sorg - 139 28th St., voiced his opposition to the request. Geoffrey Hall - 2750 S Ridgewood Ave., had questions for the Board and spoke in regards to the request. Robert Iasimone - 2768 Banyan Tree Dr., voiced his opposition to the request. Motion by Mr. Card, second by Ms. Kayat, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 7.99± acres of land located at 2768S. Ridgewood Ave. and Alamanda Dr. (PID #8402 -64 -00 -0020) as Commercial with Conservation Overlay. Yes: 2 - Jean Kayat, and Ed Vopelak No: 4 - Agnes Witter, Joseph Roy, George Kennedy, and Pat Card Absent: 1 - Robert McIntosh d. RZ -1404 Kenneth Bohannon, applicant - requesting an amendment to the Official Zoning Map to include 7.99± acres of land located at 2768 S. Ridgewood Ave. and Alamanda Dr. (PID #8402 -64 -00 -0020) as B -3 (Highway Commercial). Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs recommendation. Gary Conroy - 3107 Queen Palm Dr., spoke in regards to the request. Scott Nicholson -123 28th St., voiced his opposition to the request. Dennis Moore - 2759 Alamanda Dr., voiced his opposition to the request. Donna Nicholson - 123 28th St., voiced her opposition to the request. Bruce Smith - 133 28th St., voiced his opposition to the request. Jodi Mitchell - 2751 Alamanda Dr., voiced her opposition to the request. David Hall - 757 Hunting Camp Rd., had questions for the Board and spoke in regards to the request. John Wheelock - 15128th St., voiced his opposition to the request. Stephanie Wheelock - 15128th St., voiced her opposition to the request. Gene Sorg - 139 28th St., voiced his opposition to the request. Geoffrey Hall - 2750 S Ridgewood Ave., had questions for the Board and spoke in regards to the request. Robert Iasimone - 2768 Banyan Tree Dr., voiced his opposition to the request. City of Edgewater Page 3 Printed on 912512014 Planning and Zoning Board Meeting Minutes September 10, 2014 Motion by Mr. Card, second by Ms. Kayat, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 7.99± acres of land located at 2768S. Ridgewood Ave. and Alamanda Dr. (PID #8402 -64 -00 -0020) as B -3 (Highway Commercial). Yes: 2 - Jean Kayat, and Ed Vopelak No: 4 - Agnes Witter, Joseph Roy, George Kennedy, and Pat Card Absent: 1 - Robert McIntosh 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report None at this time. b. Chairman's Report None at this time. c. Agency Members' Report None at this time. 8. ADJOURN There being no further business to discuss, the meeting adjourned at 7: 39 p.m. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 x 1101, S days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955 -8771 City of Edgewater Page 4 Printed on 912512014 File #: AN -1402, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 CASE # AN -1401 ITEM DESCRIPTION: Judy Adams, applicant, requesting annexation of 10.72± acres of land located at 4100 S. US Hwy 1. OWNER: Judy Adams APPLICANT /AGENT: Judy Adams REQUESTED ACTION: Annexation PROPOSED USE: Existing industrial facility LOCATION: 4100 S. US Hwy 1 AREA: 10.72± acres CURRENT LAND USE: Industrial FLUM DESIGNATION: Volusia County Industrial ZONING DISTRICT: Volusia County I -1 (Light Industrial) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject property contains an existing industrial facility known as Cart Tech. Cart Tech specializes in the sales, service and purchasing of the following: • New and Reconditioned Shopping Carts; • New and Reconditioned Stock Carts; • Obsolete Shopping Cart Purchases; • Refurbished Shopping Cart Purchases; • Junk Cart Recycling; • Shopping Cart Fleet Refurbishment and Management. Applicant is requesting annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this 10.72± acre City of Edgewater Page 1 of 2 Printed on 10/30/2014 powered by LegistarTM Current Land Use LUMDesignation Zoning District North Vacant Public /Semi- Public w/ Volusia County I -4 (Industrial Park) Conservation Overlay East Vacant/Boat Manufacturing Mixed Use w/ Conservation RPUD (Residential Planned Unit Facility Overlay/ Volusia County Development)/ Volusia County I -3 Industrial (Waterfront Industrial) South Hospital/ Manufacturing Facility Commercial w/ Conservation -3 (Highway Commercial) Overlay West Vacant Industrial w/ Conservation I -1 (Light Industrial) Overlay Background: The subject property contains an existing industrial facility known as Cart Tech. Cart Tech specializes in the sales, service and purchasing of the following: • New and Reconditioned Shopping Carts; • New and Reconditioned Stock Carts; • Obsolete Shopping Cart Purchases; • Refurbished Shopping Cart Purchases; • Junk Cart Recycling; • Shopping Cart Fleet Refurbishment and Management. Applicant is requesting annexation as well as amendments to the City's Future Land Use and Zoning Maps to include this 10.72± acre City of Edgewater Page 1 of 2 Printed on 10/30/2014 powered by LegistarTM File #: AN -1402, Version: 1 parcel. Land Use Compatibility: The proposed Industrial Future Land Use is compatible with adjacent industrial properties. Adequate Public Facilities: This site has access to US Hwy 1. City water and sewer services are available. STAFF RECOMMENDATION Staff recommends sending a favorable recommendation to City Council to annex the 10.72± acres of land located at 4100 S. US Hwy 1. 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T t01 V w Of +r caw .Q p C1 � U w E C V) C� 12 U U 3 U >• U� U O U >+ U >� U F O I� O � W •� 'c° oc°.�'w Uo'cLOwE�E -cwH ww wow wNwvw w w��►w. =mNv w o d) N fA l4 N W w w t° CO 3 t L t -c c R w C 3 3 3; 3 0 3 0 3 2 3 0 3 0 3 0 L eo -a = O LL F- ° N rnN IX 0X Ooc�HnH1 -3o�ow cnacno rnUcn >v�1�u�UcnUcnwf -aa3�� W ° 0 m o c w rn w o N cri v U') co 1- 00 of C) C 4 Q OW Z CO WCO U M N 64 0c0 1-c6� N N U I File #: CPA -1405, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 CASE # CPA -1405 ITEM DESCRIPTION: Judy Adams, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include 10.72 ± acres of land located at 4100 S. US Hwy 1 as Industrial. OWNER: Judy Adams APPLICANT /AGENT: Judy Adams REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Industrial. PROPOSED USE: Existing industrial facility LOCATION: 4100 S. US Hwy 1 AREA: 10.72± acres CURRENT LAND USE: Industrial FLUM DESIGNATION: Volusia County Industrial ZONING DISTRICT: Volusia County I -1 (Light Industrial) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject property contains an existing industrial facility known as Cart Tech. Cart Tech specializes in the sales, service and purchasing of the following: • New and Reconditioned Shopping Carts; • New and Reconditioned Stock Carts; • Obsolete Shopping Cart Purchases; City of Edgewater Page 1 of 2 Printed on 10/30/2014 powered by LegistarTM Current Land Use LUMDesignation Zoning District North Vacant Public /Semi- Public w/ Volusia County I -4 (Industrial Park) Conservation Overlay East Vacant/Boat Manufacturing ixed Use w/ Conservation RPUD (Residential Planned Unit Facility Overlay/ Volusia County Development)/ Volusia County I -3 Industrial (Waterfront Industrial) South Hospital/ Manufacturing Facility Commercial w/ Conservation -3 (Highway Commercial) Overlay West Vacant Industrial w/ Conservation I -1 (Light Industrial) Overlay Background: The subject property contains an existing industrial facility known as Cart Tech. Cart Tech specializes in the sales, service and purchasing of the following: • New and Reconditioned Shopping Carts; • New and Reconditioned Stock Carts; • Obsolete Shopping Cart Purchases; City of Edgewater Page 1 of 2 Printed on 10/30/2014 powered by LegistarTM File #: CPA -1405, Version: • Refurbished Shopping Cart Purchases; • Junk Cart Recycling; • Shopping Cart Fleet Refurbishment and Management. Land Use Compatibility: The proposed Industrial Future Land Use is compatible with adjacent industrial properties. Adequate Public Facilities: This site has access to US Hwy 1. City water and sewer services are available. Comprehensive Plan Consistency: Per the Future Land Use Element of the Comprehensive Plan, the City shall "...maintain regulations for land use categories within the City and a Future Land Use Map (FLUM) to ensure the coordination of future land uses with existing and adjacent land uses." STAFF RECOMMENDATION Staff recommends sending a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 10.72 f acres of land as Industrial. MOTION Motion to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 10.72 f acres of land as Industrial. City of Edgewater Page 2 of 2 Printed on 10/30/2014 powered by LegistarTM � � � O CL O i IOL � § - (D 2 / O .. E m .g - $ •- § § M Co CL / 0 0 0 L 0 0 -j -j UU_ U) U) 7 AMEN � W o -0 C 0 m § W 3 4- J § � 0 Z E 2 E 2 ƒ / LL =5 ry L-1{ E o U 6- 2 ® © E § 2 6- $' :I 2 .� 2 3 2 z 000ron � � � .� W � e � § 3 E 2 o m § § E \ 0 ja ja CL � O � mmm) E_ L) -0 U e ( e g S2 L Cn K / 0 / e k § / (D 5 E o � z E -/ E � E U) o rZ o < U Lu U- C-j 0= b- � � � .� W File #: RZ -1405, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 CASE # RZ -1405 ITEM DESCRIPTION: Judy Adams, applicant, requesting an amendment to the Official Zoning Map to include 10.72 ± acres of land located at 4100 S. US Hwy 1 as I -1 (Light Industrial). OWNER: Judy Adams APPLICANT /AGENT: Judy Adams REQUESTED ACTION: Amendment to the Official Zoning Map to include property as I -1 (Light Industrial). PROPOSED USE: Existing industrial facility LOCATION: 4100 S. US Hwy 1 AREA: 10.72± acres CURRENT LAND USE: Industrial FLUM DESIGNATION: Volusia County Industrial ZONING DISTRICT: Volusia County I -1 (Light Industrial) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject property contains an existing industrial facility known as Cart Tech. Cart Tech specializes in the sales, service and purchasing of the following: • New and Reconditioned Shopping Carts; • New and Reconditioned Stock Carts; • Obsolete Shopping Cart Purchases; • Refurbished Shopping Cart Purchases; City of Edgewater Page 1 of 2 Printed on 10/30/2014 powered by LegistarTM Current Land Use LUMDesignation Zoning District orth Vacant ublic /Semi- Public w/ Volusia County I -4 (Industrial Park) Conservation Overlay East Vacant/Boat Manufacturing ixed Use w/ Conservation RPUD (Residential Planned Unit Facility Overlay/ Volusia County Development)/ Volusia County I -3 Industrial (Waterfront Industrial) South Hospital/ Manufacturing Facility Commercial w/ Conservation -3 (Highway Commercial) Overlay West Vacant Industrial w/ Conservation I -1 (Light Industrial) Overlay Background: The subject property contains an existing industrial facility known as Cart Tech. Cart Tech specializes in the sales, service and purchasing of the following: • New and Reconditioned Shopping Carts; • New and Reconditioned Stock Carts; • Obsolete Shopping Cart Purchases; • Refurbished Shopping Cart Purchases; City of Edgewater Page 1 of 2 Printed on 10/30/2014 powered by LegistarTM File #: RZ -1405, Version: 1 • Junk Cart Recycling; • Shopping Cart Fleet Refurbishment and Management. Land Use Compatibility: The proposed Industrial Future Land Use is compatible with adjacent industrial properties. Adequate Public Facilities: This site has access to US Hwy 1. City water and sewer services are available. Comprehensive Plan Consistency: Per Table III -1 of the Land Development Code the proposed I -1 (Light Industrial) zoning district is compatible with the proposed Industrial Future Land Use designation. STAFF RECOMMENDATION Staff recommends sending a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 10.72 f acres of land as I -1 (Light Industrial). MOTION Motion to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 10.72 f acres of land as I -1 (Light Industrial). City of Edgewater Page 2 of 2 Printed on 10/30/2014 powered by LegistarTM r Adams ® SD1 jeCf Pfopeffy File #: TA -1402, Version: 1 City of Edgewater Legislation Text ITEM DESCRIPTION: Land Development Code (LDC) text amendment to Article VIII (Administration). APPLICANT /AGENT: City of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 CASE #TA -1402 REQUESTED ACTION: Repeal Section 21 -86 - "Code Compliance Board (CCB)" of Article VIII (Administration). BACKGROUND:At their regularly scheduled meeting on June 2, 2014, City Council adopted Ordinance No. 2014 -0 -10 which amended Chapter 10 (Health, Sanitation, Property Maintenance & Code Enforcement). As part of this amendment, the Code Enforcement process and duties of said Board were more clearly defined, thereby eliminating the need for the above - referenced Section to be included in the LDC. OTHER MATTERS: There will be two (2) public hearings at City Council for the proposed amendments. STAFF RECOMMENDATION Staff recommends sending a favorable recommendation to City Council for the amendment to the Land Development Code. MOTION Motion to send a favorable recommendation to City Council for the amendment to the Land Development Code. City of Edgewater Page 1 of 1 Printed on 10/30/2014 powered by LegistarTM ARTICLE VIII ADMINISTRATION SECTION 21 -80 - PURPOSE ................................................... ............................... ......................... VIII -1 SECTION 21 -81 - CITY COUNCIL ........................................ ............................... ......................... VIII -1 21 -81.01 - Authority ........................................................................................... ............................... VIII -1 SECTION 21 -82 - CITY MANAGER ...................................... ............................... ......................... VIII -2 SECTION 21 -83 - CITY ATTORNEY .................................... ............................... ......................... VIII -2 SECTION 21 -84 - TECHNICAL REVIEW COMMITTEE (TRC) ..................... ......................... VIII -2 21 -84.01 - Purpose ............................................................................................. ............................... VIII -2 21 -84.02 - Membership ...................................................................................... ............................... VIII -2 21 -84.03 - Meetings ........................................................................................... ............................... VIII -3 21 -84.04 - Powers & Duties ............................................................................... ............................... VIII -3 SECTION 21 -85 - PLANNING & ZONING BOARD (P &ZB) ........................... .......................... VIII -3 21 -85.01 - Purpose ............................................................................................. ............................... VIII -3 21 -85.02 - Membership ...................................................................................... ............................... VIII -3 21 -85.03 - Meetings ........................................................................................... ............................... VIII -4 21 -85.04 - Powers & Duties ............................................................................... ............................... VIII -4 SECTION 21 -8-7 86 - CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (CAA)VIH- 6 21- 4786.01 - Purpose ......................................................................................... ............................... VIII -6 Sections 21 -88 through 21 -89 reserved for future use. Article VIII -i- Rev. 09/08 (Land Development Code) ARTICLE VIII ADNIINISTRATION SECTION 21 -80 - PURPOSE The purpose of this Article is to identify the roles of City Council, City staff and advisory boards that are responsible for the administration and integration of this Land Development Code. SECTION 21 -81 - CITY COUNCIL 21 -81.01 —Authority The City Council's authority and duties relative to Chapter 21, the Land Development Code, are as follows: a. To initiate, review and adopt amendments to the Comprehensive Plan of the City of Edgewater. b. To initiate, review and adopt amendments and hear appeals to this Land Development Code. c. To initiate, review and adopt amendments to the Official Zoning Map. d. To review and grant /deny applications for subdivision plats. e. To hear and grant/deny appeals of a decision of the Planning and Zoning Board regarding conditional uses. £ To hear and grant/deny appeals of a decision of the Planning and Zoning Board regarding variances. g. To review and grant /deny applications for zoning and development agreements. h. To review and grant /deny applications for annexation. i. To review and grant /deny applications for right -of -way abandonment, easements, plat and street vacations. j. To review and grant /deny applications for mining permits. k. To hear and grant /deny appeals of a decision of the Construction Board of Adjustment and Appeals regarding contractor discipline. Rev. 09 /08(LandDevelopmentCode) VIII -1 1. To hear and grant /deny appeals of a decision of the Construction Board of Adjustment and Appeals regarding a decision of the Building Official or Fire Chief. m. To review and grant /deny applications for site plans for buildings of 25,000 square feet or larger. n. To review and grant /deny applications for designation of landmarks /sites and historic districts. o. To review and grant /deny applications for telecommunication towers. p. To establish by resolution a schedule of fees to cover the costs of technical and administrative activities required by this Code. SECTION 21 -82 - CITY MANAGER For the purposes of this Code, the City Manager shall direct and supervise the administration and enforcement of this Code. SECTION 21 -83 - CITY ATTORNEY For the purposes of this Code, the City Attorney's duties shall include the following: a. Provision of professional advice and support to the City Council. b. Provision of professional advice and support to the Planning and Zoning Board. c. Provision of advice to the Code Compliance Board regarding applicable law and procedures, but shall not present cases to the Code Compliance Board. The City Council may select an attorney as the Code Compliance Board attorney. SECTION 21 -84 - TECHNICAL REVIEW COMMITTEE (TRC) 21 -84.01 - Purpose There is hereby established a Technical Review Committee to provide technical review and comment regarding various permit applications described in this Land Development Code. 21 -84.02 - Membership At a minimum, the members of TRC shall include the Development Services Director, the City Engineer, the Department of Environmental Services Director, the Building Official, the Fire Chief and the City Manager's Office or their designees. The TRC may include other City staff as may be necessary for a given issue or project. Rev. 09 /08(LandDevelopmentCode) VIII -2 21 -84.03 - Meetings The TRC shall meet as necessary, provided that ample public notice is given to the members and applicants. TRC meetings are subject to Sunshine Laws. 21 -84.04 - Powers & Duties a. The TRC members shall provide written comments regarding the technical aspects of annexations, proposed plan amendments, rezonings, subdivision plats, planned unit developments, site plans, conditional use permits, mining permits, development and zoning agreements. b. The TRC shall have final authority to approve, modify and /or deny, site plans involving projects with less than 25,000 square feet of gross floor area. SECTION 21 -85 - PLANNING & ZONING BOARD (P &ZB) 21 -85.01 - Purpose The purpose of the Planning & Zoning Board is to provide review and recommendations regarding various planning matters to the City Council and to act as the City's Local Planning Agency pursuant to the requirements of Chapter 163, Part II, FS. 21 -85.02 - Membership a. The P &ZB shall consist of seven (7) members appointed by the City Council. Members shall be legal residents of the City. b. Members shall be appointed to three (3) year staggered terms. c. Members shall not appear for, nor represent, any other person than himself/herself at the P &ZB meetings for one (1) year after his/her departure. d. The P &ZB, and its members, are subject to the requirements of the Public Records Law (Ch. 119, FS) and the Sunshine Law (Ch. 286, FS). e. All members shall serve without compensation, but may receive reimbursement while on official business of the Board. f Any member of the Board may be removed by the City Council at any time. g. No member of the Board shall vote on any matter that would inure to a special private gain; or of any principal by which the member is employed, or retained, or to the parent organization, or subsidiary of a corporate principal by which the member is retained; or that would inure to the special private gain of a relative or business associate. Rev. 09 /08(LandDevelopmentCode) VIII -3 h. One (1) non - voting member shall be appointed by the Volusia County School Board per FL. Statute Section 163.3174. This member shall serve without compensation from the City and shall be exempt from residency and attendance requirements. The school board member shall comply with all other procedural standards relating to the Planning and Zoning Board. 21 -85.03 — Meetings a. The Planning and Zoning Board shall meet once a month, if there is sufficient business to warrant a meeting. The P &ZB chairman may call other meetings as necessary, provided that no less than twenty -four (24) hours notice is given to the members and applicants. b. The P &ZB shall establish by -laws for conducting their meetings. 21 -85.04 - Powers & Duties The Planning and Zoning Board shall: a. Be the responsible agency to initiate review and /or amendments to the City's Comprehensive Plan and recommend such to the City Council. b. Review all proposed amendments to the City's Land Development Code and make recommendations to the City Council as to the consistency of the proposed amendments to the Comprehensive Plan. c. Monitor the effectiveness of the Comprehensive Plan by the formal periodic evaluation process described in Chapter 163.3191, F.S. and its implementing rules. d. Provide a coordinated planning effort between the City and the Volusia County School Board per Florida Statutes Sec. 163.31777. e. Provide recommendations to the City Council regarding applications for the following: 1. Subdivisions and plats, 2. Proposed development and zoning agreements, 3. Proposed annexations, 4. Proposed rezonings and land use amendments, 5. Proposed abandonment/vacations, 6. Provide recommendations to the City Council regarding site plans over twenty -five thousand square feet (25,000 sq. ft.) of building area. f The Board shall have final authority to approve, modify and /or deny the following unless appealed to the City Council as provided in Article L- 1. Conditional Use Permits 2. Variance applications Rev. 09 /08(LandDevelopmentCode) VIII -4 • • Y. i Rev.09 /08(LandDevelopmentCode) VIII -5 . 1­1 �llvl • Y. i Rev.09 /08(LandDevelopmentCode) VIII -5 SECTION 21 -886 - CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (CAA) 21- 8-786.01 - Purpose The purpose of the Construction Board of Adjustment and Appeals is to provide review and recommendations to the City Council on building and construction related matters pursuant to the Florida Building Code. The CAA is deemed to be competent to sit in judgement on matters concerning the interpretation of the Florida Building Codes and the Florida Fire Prevention Code and its enforcement. Sections 21 -88 through 21 -89 reserved for future use. Rev.09 /08(LandDevelopmentCode) VIII -6