08-09-2006
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, August 9,2006
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., August 9, 2006 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida.
2. ROLL CALL
Members present were Edwin Vopelak, David Ross, John Weiss Charlene Zeese and William Miller.
Pat Card was excused. Also present were Development Services Director Darren Lear and Planning
Technician Bonnie Wenzel.
3. APPROVAL OF MINUTES
Mr. Ross clarified that he voted against the Board appointments because he did not agree with all of
the recommendations.
MOTION by Mr. Card. second by Mr. Ross to approve the minutes of June 14. 2006.
MOTION CARRIED 5-0
PUBLIC HEARINGS
4. OLD BUSINESS
Chairman Vopelak stated that AN-0601 and AN-0602 were being continued to the Sept~mber 13,
2006 meeting.
MOTION by Mrs. Zeese to continue items AN-0601 and AN-0602 to the September 13. 2006 meeting.
second by Mr. Weiss.
MOTION CARRIED 5-0
b. V A-0602 - Allan P. Chow, requesting a variance from Article V of the Land Development Code for
property located within the 2300 block of Guava Drive.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the
request.
Chairman Vopelak stated there were several properties with the canal in the rear. Mr. Ross asked
why you could not change the zoning requirements in this area. Mr. Lear stated the zoning
designation is not only in this area. Mr. Ross then asked about a special district. Mr. Lear stated the
Board can place special conditions on a variance approval. He added that each project is looked at on
a case-by-case basis.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION by Mrs. Zeese to approve the variance reQuest from Section 21-50.02 - Minimum Site
Dimensions - (Table V-I. footnote 3) to allow a rear setback of twenty feet (20') in lieu of the reQuired
fifty feet (50') when adiacent to residential zoning/use for the subiect property. and Section 21-54.04 -
Buffer Yard Determination Process (Table V-5. footnote 2) to allow a six foot (6') high "opaQue
barrier" (e.g. stockade fence) in lieu of the reQuired masonry wall for property located within the 2300
block of Guava Drive. second by Mr. Weiss.
8-09-06 p&z Minutes
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(.)
CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, August 9, 2006
6:30 p.m.
MOTION CARRIED 5-0
5. NEW BUSINESS
a. AN-0603 - Thomas G. Wenski, requesting annexation of 10:1: acres of land located at 2310 S.
Ridgewood Avenue, west of Pelican Drive.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the
request.
Mr. Ross asked how the County R-4 Zoning Designation compared to the City zoning. Mr. Lear
stated the County designation was single-family and the City is multi-family. Mr. Ross asked if
they would be entitled to the same use. Mr. Lear stated the property would be zoned for
commercial.
Michael Wilde, Law Firm of Baker & Hostetler, stated there were no plans for development at
this time and a commercial designation was agreeable.
Mr. Ross stated there was a lot ofresidential abutting this property. Mr. Lear stated there would
be a 50-foot setback abutting residential, when the property is developed.
Charles Martin, 321 Sea Gull Court, stated there was a large pond on the property that served
Silver Circle, and. possibly Pelican Cove West and the trees on the property act as buffer during
hurricanes. Mr. Lear stated the staff report addresses the canal located on this property.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION by Mr. Weiss to send a favorable recommendation to City Council for the annexation of
10:l: acres ofland located at 2310 S. Ridgewood Avenue. west of Pelican Drive. second by Mr. Ross.
MOTION CARRIED 5-0
b. VA-0601 - James Bankston, requesting a variance from Article V of the Land Development
Code for property located at 200 N. Ridgewood Ave.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the
request.
Jim Bankston stated that all storm water requirements could be met.
Mr. Weiss asked when the screen room was built. Mr. Bankston stated the slab was installed
about four (4) years ago, but was not on the original site plan, and the screen enclosure was added
about a few months ago before the permit was issued.
Mr. Ross stated he had a problem with people doing things against the Code. Mr. Lear stated if
the variance was denied Mr. Bankston would have to remove the screen enclosure or Code
Enforcement would take action.
MOTION by Mr. Weiss to approve the variance reQuest to allow a side setback of 13:1: feet in lieu
of the reQuired 25-feet with the condition that the applicant provides documentation and scaled
8-09-06 p&z Minutes
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, August 9, 2006
6:30 p.m.
plans from a licensed professional engineer stating there is adequate stormwater storage for the
screen room along with the reQuired application for a stormwater permit, second by Mrs. Zeese.
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Mr. Ross asked if they could vote even though the variance criteria is met. Mr. Lear stated yes.
MOTION CARRIED 4-1, Mr. Ross voted NO.
c. CPA-0612 - Tom Valley, requesting an amendment to the Comprehensive Plan Future Land
Use Map to include 1.1:1: acres of land located west of US Highway 1, north of Pearl Street as
Medium Density Residential.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the
request.
Glenn Storch, 420 S. Nova Road, Daytona Beach, stated that the existing Land Use does not
make sense. The proposed Future Land Use enables use of all of the property and they can make
something nice. He added that this was infill development.
Bobby Sanders, 110 Pearl Street, stated he was concerned about traffic on Pearl Street and Old
County Road. Mr. Lear stated there would be no access to these streets, only emergency access
on Old County Road.
Mr. S.torch stated the entrance would be on US Highway 1. IyIr. Storch added that most of the
property was High Density Residential, and there would only be emergency access on Old County
Road. He stated that people could walk to the commercial areas, which would lessen the traffic.
Mr. Ross stated he would like to see the Commercial stay Commercial but wondered what could
go on that small piece. Mr. Storch agreed, but added the property was just to small. Mr. Weiss
agreed with Mr. Ross.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION by Mr. Weiss to send a favorable recommendation to City Council for the amendment to
the Comprehensive Plan Future Land Use Map to include 1.1::1: acres oHand located west of US
Highway 1. north of Pearl Street as Medium Densitv Residential. second by Mr. Ross.
MOTION CARRIED 5-0.
d. CPA-0611 - Tom Valley, requesting an amendment to the Comprehensive Plan Future Land
Use Map to include 3.67::1: acres of land located east of Old County Road, north of Pearl Street
as Medium Density Residential.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the
request. Chairman Vopelak incorporated the previous public hearing into this one.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION by Mrs. Zeese to send a favorable recommendation to City Council for the amendment
to the Comprehensive Plan Future Land Use Map to include 3.67::1: acres of land located east of
Old County Road, north of Pearl Street as Medium Density Residential. second by Mr. Weiss.
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, August 9,2006
6:30 p.m.
MOTION CARRIED 5-0.
e. RZ-0617 - The City of Edgewater requesting an amendment to the Official Zoning Map to
include 10:1: acres ofland located at Oak Trail as RT (Rural Transitional).
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the
request.
Neil Bell, 2990 Oak Trail, stated he opposed the splitting of the property because of the wetlands,
he also opposes one (1) acre parcels. Mr. Bell added that his neighbors also oppose this request.
Mr. Lear stated the request to split the lot was for the eastern lot to create two (2) 2-1/2 acre
parcels, while the Future Land Use designation on the property allows for one (1) dwelling unit
per acre.
Mr. Ross asked if there were wetlands on the property. Mr. Lear stated yes.
Rudina Stratechuk, 2942 Oak Trail, was also concerned about drainage and environmental
Issues.
John Stratechuk, 2942 Oak Trail, spoke of his concerns of flooding.
Mr. Weiss stated there would only be a total of thre~ (3) houses, but could essentially build one (1)
unit per acre. Mr. Lear stated that the Future Land Use designation of the property would allow
one (1) unit per acre. Mr. Weiss stated he did not see the negative impact of three (3) houses.
Mr. Lear stated that most of the houses on this road were built in the County, therefore Volusia
County allowed the fill.
There was further discussion as to whether or not one (1) unit per acre was sufficient for this
property.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION by Mr. Weiss to send a favorable recommendation to City Council for the amendment to
the Official Zoning Map to include 10:1: acres of land located at Oak Trail as RT (Rural
Transitional), second by Mrs. Zeese.
MOTION CARRIED 5-0.
6. DISCUSSION ITEMS
a. Development Services Director's Report
Mr. Lear provided the mid-year development report to the Board. He also stated there would be a
meeting pertaining to Hammock Creek on August 24, 2006 at 4:00 p.m. at DBCC. Mr. Lear then
welcomed Mr. Miller to the Board.
b. Chairman's Report
Chairman Vopelak talked about the changes to the Land Development Code.
c. Agency Member's Report
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, August 9,2006
6:30 p.m.
Mr. Ross stated he would like to find a way for the Board to meet more often to discuss projects.
He would also like to brainstorm about Hammock Creek, how does the Board become proactive.
He would like to have a topic to discuss at the end of each meeting pertaining to development and
would like to discuss each topic in detail. Mr. Weiss stated their job was to interpret the Land
Development Code and Comprehensive Plan. Mr. Lear suggested he and Mr. Ross get together
prior to the next meeting to discuss his idea. Mr. Ross agreed.
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
8-09-06 p&z Minutes
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