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03-09-2016 104 City of Edgewater Ede Riverside Drive Edgewater,FL 32132 ec�y oe EDGEWATER Meeting Minutes Planning and Zoning Board Wednesday,March 9,2016 6:30 PM Council Chambers 1. CALL TO ORDER Chairman Card called the meeting to order at 6:00 p.m. 2. ROLL CALL Present 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright and Michael Eichhorn Also Present 2- Development Services Director Darren Lear and Senior Planner Bonnie Brown 3. APPROVAL OF MINUTES a. Regular Meeting-February 10,2016 A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to approve the minutes of February 10,2016. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn 4. OLD BUSINESS-PUBLIC HEARING 5. NEW BUSINESS-PUBLIC HEARING a. David Tyree, requesting a variance from Article V of the Land Development Code for property located at 1611 Umbrella Tree Drive. Chairman Card opened the public hearing and stated for the record that due to Mr. Tyree being on the Board he was required to abstain from voting on this item (form 8B attached). Mr. Lear provided a staff report and recommendation. David Tyree, 1611 Umbrella Tree Drive, described for the board where the driveway extension would go and the reason for the extension. Mr. Tyree answered questions from the Board regarding the request. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Eichhorn, to approve the variance from Article V, Section 21-52.02(e) to allow for the extension of the paver driveway to be located 2.5 feet from the property line for property located at 1611 Umbrella Tree Drive with the stipulation that the stormwater runoff must flow to the City of Edgewater Page I Printed on 311012016 Planning and Zoning Board Meeting Minutes March 9, 2016 south without blocking the neighboring property. The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,Paul Wright,and Michael Eichhorn Abstain: 1 - David Tyree b. Eric Dubois, applicant, requesting annexation of .24f acres of land located at 125 Hollow Oak Trail. Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the annexation of .24t acres of land located at 125 Hollow Oak Trail. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn C. Eric Dubois, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include of .24f acres of land located at 125 Hollow Oak Trail as Low Density Residential. Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to inlcude .24t acres of land located at 125 Hollow Oak Trail as Low Density Residential. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn d. Eric Dubois, applicant, requesting an amendment to the Official Zoning Map to include of .24f acres of land located at 125 Hollow Oak Trail as R-3 (Single Family Residential). Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Tyree, second by Mr. Wright, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude .24t acres of land located at 125 Hollow Oak Trail as R-3 (Single Family Residential). The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn City of Edgewater Page 2 Printed on 3/10/2016 Planning and Zoning Board Meeting Minutes March 9, 2016 e. Ray Thompson, authorized agent, requesting annexation of 1.50± acres of land located north of 3232 S. Ridgewood Avenue. Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the annexation of 1.5± acres of land located north of 3232 S.Ridgewood Avenue.The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn f. Ray Thompson, authorized agent, requesting an amendment to the Comprehensive Plan Future Land Use map to include 1.50± acres of land located north of 3232 S. Ridgewood Avenue as Commercial. Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use map to inlcude 1.50± acres of land located north of 3232 S. Ridgewood Avenue as Commercial. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn g. Ray Thompson, authorized agent, requesting an amendment to the Official Zoning map to include 1.50± acres of land located north of 3232 S. Ridgewood Avenue as B-3 (Highway Commercial. Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude 1.50± acres of land located north of 3232 S. Ridgewood Avenue as B-3 (Highway Commercial). The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn h. George and Constance Boehner, owners, requesting annexation of .26± acres of land located at 164 Azalea Road. Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. City of Edgewater Page 3 Printed on 3/10/2016 Planning and Zoning Board Meeting Minutes March 9, 2016 A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the annexation of .26t acres of land located at 164 Azalea Road. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn i. George and Constance Bochner, owners, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .26f acres of land located at 164 Azalea Road as Medium Density Residential. Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Wright, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to inlcude .26t acres of land lcoated at 164 Azalea Road as Medium Density Residential. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn j. George and Constance Bochner, owners, requesting an amendment to the Official Zoning Map to include .26f acres of land located at 164 Azalea Road as R-3 (Single Family Residential) Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude .26t acres of land located at 164 Azalea Road as R-3 (Single Family Residential). The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn k. The City of Edgewater requesting to abandon/vacate a portion of Park Street. Chairman Card opened the public hearing. Mr. Lear described to the Board the location of Park Street; advised the Board that the subdivision was platted in 1926 and that there is no need for Park Street, which is a platted but undeveloped street adjacent to 35th Street. By abandoning/vacating the street it will allow the adjacent properties to be developed and support infill development. Mr. Lear answered questions from the Board. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorable recommendation to City Council for the abandonment/vacation of Park Street. The City of Edgewater Page 4 Printed on 3/10/2016 Planning and Zoning Board Meeting Minutes March 9, 2016 MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn 1. The City of Edgewater requesting the abandonment/vacation of the planting buffers within Florida Shores Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. He advised the Board that in the 1950's several plats were recorded for Florida Shores and along the exterior a six-foot planting buffer was inlcuded, there was no explanation as to the purpose of the buffer. The buffers need to be abandoned in order to access the adjacent properties and interior roads, over the years several have been abandonded . Mr. Lear stated the buffers are not necessary and the request is to abandon the remaining buffers in Florida Shores. Mr. Andrejkovics asked who the property went to, Mr. Lear stated it would go to the adjacent property owners. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Tyree, second by Mr. Andrejkovics, to send a favorable recommendation to City Council to abandon/vacate the planting buffer within Florida Shores. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn In. Land Development Code (LDC) text amendment to Article III (Permitted, Conditional,Accessory and Prohibited Uses) Chairman Card opened the public hearing. Mr. Lear provided a staff report, explained the proposed changes to the Code and staffs recommendation. There was discussion regarding the condition of the streets near the existing batch plants. There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable recommendation to City Council for the amendment to the Land Development Code. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn n. Comprehensive Plan Large Scale Amendment to the Intergovernmental Coordination Element referencing the Interlocal Service Boundary Agreement with Volusia County Chairman Card opened the public hearing. Mr. Lear provided a staff report and recommendation. City of Edgewater Page 5 Printed on 3/10/2016 Planning and Zoning Board Meeting Minutes March 9, 2016 There being no further discussion or public comment Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Tyree, to send a favorable recommendation to City Council for the amendment to the Intergovernmental Coordination Element of the City of Edgewater Comprehensive Plan. The MOTION was APPROVED by the following vote: Yes: 7- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,Paul Wright,and Michael Eichhorn 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear advised the Board that the site plan application for the Jiffy Lube has been received and staff is reviewing the plans. He also stated that building permits have been issued in the Fisherman's Cove and Pinehurst subdivisions. Mr. Andrejkovics asked if the barricades that were placed at the north end of Admiralty Court would have to be replaced by the contractor once construction is complete. Mr. Lear stated he would look into the issue. b. Chairman's Report None at this time c. Agency Members' Report Mr. McIntosh reminded everyone of the Edgewater Expo on March 19. Mr. Wright stated there is a joint Economic Development Board meeting on the 16th in Council Chambers with the three cities. & ADJOURN The meeting adjourned at 7:11 p.m. City of Edgewater Page 6 Printed on 3/10/2016 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Tyree, David Planning&Zoning Board MAILINGADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1611 Umbrella Tree Drive WHICH I SERVE ISA UNIT OF: CITY COUNTY 9 CIN ❑COUNTY ❑OTHER LOCALAGENCY Edgewater VoluSia NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED City of Edgewater March 9,2()16 MY POSITION IS: ❑ ELECTIVE of APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission,authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 Adopted by reference in Rule 34-7.010(1)(0,F.A.C. PAGE 1 FAIRPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST David Tyree y March 9 hereby disclose that on 20 16 (a)AA measure came or will come before my agency which(check one or more) v inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained;or by inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: I owns -A s 4'e0,0eX/,V AA101 any ee-s c/e/we If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 88-EFF.1112013 Adopted by reference in Rule 34-7.010(1)(1),F.A.C. PAGE 2