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06-14-2006 u CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, June 14, 2006 6:30 p.m. u 1. CALL TO ORDER Chairman Vopelak called to order the Regular Meeting of the Planning and Zoning Board at 6:32 p.m., June 14, 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 arrived at 6:39 p.m. Also present were Development Services Director Darren Lear and Planning Technician Bonnie Wenzel. 3. APPROVAL OF MINUTES MOTION by Mr. Card. second by Mr. Weiss to approve the minutes of May 10. 2006. MOTION CARRIED 6-0 PUBLIC HEARINGS 4. OLD BUSINESS Mr. Card moved to continue AN-0601 and TA-0601 to the July 12. 2006 meeting. second by Mr. Weiss. MOTION CARRIED 6-0 Mr. Card moved to continue AN-0515 to after "New Business" . second bv Mr. Weiss. MOTION CARRIED 6-0 5. NEW BUSINESS a. CPA-0608 - Stephen and Jill Hole, requesting an amendment to the Comprehensive Plan Future Land Use Map to change .17:l:: acres of property located east of 114 Oak Ridge Avenue from Low Density Residential to Commercial. 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 Citv Council for the amendment to the Comprehensive Plan Future Land Use Map to change .17:l:: acres of property located east of 114 Oak Ridge Avenue from Low Densitv Residential to Commercial. second by Mr. Weiss. MOTION CARRIED 7-0 b. RZ-0606 - Stephen and Jill Hole requesting an amendment to the Official Zoning Map to change .17:l:: acres of property located east of 114 Oak Ridge Avenue from R-3 (Single Family Residential) to B-3 (Highway Commercial). Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the request. Chairman V opelak incorporated the discussion from the previous public hearing to this request. 6-14-06 p&z Minutes u Q CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, June 14, 2006 6:30 p.m. 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 Official Zoning Map to change .17% acres of property located east of 114 Oak Ridge Avenue from R-3 (Single Family Residential) to B-3 (Highway Commercial), second by Ms. Jones. MOTION CARRIED 7-0 c. CPA-0609 - Dana and Marcia Cornelius requesting an amendment to the Comprehensive Plan Future Land Use Map to change .18% acres of property located south of 114 Oak Ridge Avenue from High Density Residential and Commercial to Low Density Residential. Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the request. Chairman Vopelak incorporated the discussion from the previous public hearings to this request. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Weiss to send a favorable recommendation into City Council for the Comprehensive Plan Future Land Use Map amendment to change .18% acres of property located south of 114 Oak Ridge Avenue from High Density Residential and Commercial to Low Density Residential. second by Mr. Fuhrmann. - MOTION CARRIED 7-0 d. RZ-0607 - Dana and Marcia Cornelius requesting an amendment to the Official Zoning Map to change .18% acres of property located south of 114 Oak Ridge Avenue from R-5 (High Density Residential) and B-3 (Highway Commercial) to R-3 (Single-Family Residential). Chairman Vopelak opened the public hearing. Mr. Lear provided background information on the request. Chairman Vopelak incorporated the discussion from the previous public hearings to this 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 Official Zoning Map to change .18% acres of property located south of 114 Oak Ridge Avenue from R-5 (High Density Residential) and B-3 (Highway Commercial) to R-3 (Single Family Residential). MOTION CARRIED 7-0 AN-0515 - Arthur G. Gardiner, Sr., requesting annexation of 82.33:1: acres of land located south of Taylor Road. Chairman Vopelak opened the public hearing and stated all discussion from the previous public hearing was hereby incorporated. Mr. Lear reviewed the background information and previous discussion. 6-14-06 p&z Minutes 2 (.) {J CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, June 14, 2006 6:30 p.m. Mark Watts, 351 E. New York Avenue, Deland FL, stated the Board was only looking at the annexation and that the use of the property would be subject to the Future Land Use Map and Zoning Map amendments. He stated that they feel the City of Edgewater is the appropriate place for this property. Mr. Ross asked if the property was annexed would they be applying for an RPUD. Mr. Watts stated they would, as that is flexible and the extent of the commercial usage can be limited in the Agreement. Mr. Card stated that it would be hard battle to obtain a commercial designation for this property. He asked how many trucks would be on-site. Mr. Watts answered about six (6), Mr. Gardiner stated he has 10 trucks and six (6) drivers. Mr. Card stated that if the property is annexed he expects compliance with City codes. Mr. Watts stated the PUD could place restrictions on the commercial usage. Larry Buck, 1603 S. Riverside Drive, asked what the repercussions would be if the business violated the Agreement. Mr. Lear stated there would be Code Compliance action. Bob Rosa, 2215 Hidden Trail, stated there used to be fuel truck at this site weekly filling up the trucks. He added that there was a school bus stop nearby. He stated the business is not compatible with the area. Leslie Caron, 2090 Knittle Circle, stated the water table was her main concern and she would be testing her water. Denise Mumpower, 1603 S. Riverside Drive, stated that per the County, only an on-site business can be located there. Faith McCallister, 2374 Taylor Road, stated she did not see a problem with this request as trucks are a nuisance but you have noise everywhere. Bill Brogan, 2081 Knittle Circle, stated he is concerned with the water and what the cost to taxpayers would be. He added that the water will be tested and if it is bad the government should pay for it. Mr. Card asked if samples have already been taken. Mr. Watts stated that was correct, but did not know the results. Bob Rosa, 2215 Hidden Trail, spoke of contamination and the need for water samples. Mr. Ross asked Mr. Gardiner if he applied to Volusia County for a zoning change. Mr. Gardiner stated he could not because the County does not allow that particular use within the current County zoning designation. Mr. Watts stated that it was correct that a shell pit was permitted, and added that the shell would not remain on-site and would be removed by trucks. He added that this was private property and that the government and taxpayers would not be liable. Lisa Miller 2075 Knittle Circle, asked how much of the five (5) acre lots were dry, and much tax would the City earn. Chairman Vopelak stated for taxes it depended on how much each person owned. There being no further discussion Chairman Vopelak closed the public hearing. 6-14-06 p&z Minutes 3 ~ <.) CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, June 14, 2006 6:30 p.m. 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 Ms. Jones. MOTION CARRIED 5-2. with Mr. ROBS and Mr. Fuhrmann voting NO. 7. OTHER BUSINESS a. Expiration of term - Sandy Jones, who seeks reappointment. MOTION by Mr. Card, to recommend to City Council the reappointment of Sandy Jones to the Planning and Zoning Board for another three (3) year term. second by Mr. Weiss. MOTION CARRIED 6-0 8. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear stated the changes to the Land Development Code would be heard by City Council in August and the Board will make a recommendation at the July 12, 2006 meeting. He added that another workshop would be held prior to that meeting. After discussion the Board decided to hold a workshop on the Land Development Code changes on July 11, 2006 at 5:00 p.m. b. Chairman's Report None at this time. c. Agency Member's Report Mr. Card spoke about the recent DRI charrette and site visit he attended last week regarding the Hammock Creek project. He asked that the Board be notified of any meetings related to this project. 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 6-14-06 p&z Minutes 4