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10-11-2006 v v ~ CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, October 11, 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., October 11, 2006 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Edwin Vopelak, David Ross, John Weiss, Dan Grisell, Pat Card and William Miller. Charlene Zeese was excused. Also present were Development Services Director Darren Lear and Planning Technician Bonnie Wenzel. 3. APPROVAL OF MINUTES MOTION bv Mr. Card. second bv Mr. Weiss to approve the minutes of September 13. 2006 as presented. MOTION CARRIED 6-0 PUBLIC HEARINGS 4. OLD BUSINESS Chairman Vopelak stated that AN-0601 and AN-0602 would be continued. MOTION bv Mr. Card. second bv Mr. Weiss to continue items AN-0601 and AN-0602 to the next re~ularlv scheduled meetin~. . MOTION CARRIED 6-0 c. Katsure Equity Partners requesting a variance from Article IV and Article V of the City of Edgewater Land Development Code to allow a setback of 25-feet at the closest point in lieu of the required minimum buffer of 50-feet from the Mean High Water Line and a 30-foot front setback in lieu of the required 40-feet for property located at the northeast corner of Riverside Drive and Thomas Street. Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. Josh Katsur, owner, stated they were just trying to do what staff recommended. Mr. Miller asked what size house were they proposing. Mr. Katsur stated it would be 7,000-square feet under air. Mr. Ross asked what the setback requirement was. Mr. Lear stated 40-feet. Mr. Ross stated this was too much house on too little lot. He added that they could build a smaller house and meet the Land Development Code requirements. He also stated that he did not think this met the variance requirements in the Land Development Code. Mr. Weiss asked Mr. Katsur if he knew about the constraints on the property when he purchased it. Mr. Katsur stated he did. Mr. Weiss stated they could build a smaller house. Mr. Ross stated that 30-feet to the right-of-way was too close for this size house. Mr. Weiss agreed that this request did not meet the variance criteria. 10-11-06 p&z Minutes u u Q CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, October 11, 2006 6:30 p.m. Mr. Card stated he had no objection to the request, while he did respect what Mr. Ross and Mr. Weiss said. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card. second by Mr. Miller to approve the followin~ variance reauests from the City of Ed~ewater Land Development Code: Section 21-41.04(a) and Section 21-50.02 (table V-I) to allow a setback of approximatelv 25-feet at the closest point in lieu of the reauired minimum buffer of 50- feet from the Mean Hi~h Water Line and from Section 21-5002 (Table V-I) to allow a front setback of 30-feet in lieu of the reauired 40-feet with the condition that en~neered stormwater plans be approved by the City En~eer to ensure that there is no direct storm water run-off into the Indian River. MOTION CARRIED 4-2. Mr. Ross and Mr. Weiss voted NO. d. RZ-0618 - Gregory D. Lee, requesting an amendment to the Official Zoning Map to include 96.24:1: acres of land located south of Indian River Boulevard, east of I -95 as BPUD (Business Planned Unit Development). Chairman Vopelak opened the public hearing and Mr. Lear provided background information. Kenneth Hooper, 200 E. Robinson Street Orlando, stated the concept for the property is to have two (2) anchor stores, similar to what you see in Port Orange. He added that access would be along S.R. 442 and Cow Creek Road. Chairman Vopelak asked what type of dwelling units would they be constructing. Mr. Hooper stated they were unsure at this time, but the site plan would come before the Board for recommendation to City Council and the unit types would be identified at that time. There was discussion regarding the height limit and whether or not it was adequate for loading docks. Mr. Hooper stated that approximately 50% of the property was outside the floodplain, therefore there was approximately 50 buildable acres. Mr. Ross stated that the traffic on Cow Creek Road was heavy and asked if the developer would include improving Cow Creek Road to four (4) lanes. Mr. Hooper stated that would be discussed during the site plan process. Mr. Ross suggested making that a condition of the rezoning. Mr. Lear stated that could be a condition of the site plan approval. There being no further business Chairman Vopelak closed the public hearing. MOTION by Mr. Card. second by Mr. Weiss to send a favorable recommendation to City Council for the amendment to the Official Zonin~ Map to include 96.24:1: acres of land located south of Indian River Boulevard. east of 1-95 as BPUD (Business Planned Unit Development). MOTION CARRIED 6-0 10-11-06 p&z Minutes 2 Q o '-> CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, October II, 2006 6:30 p.m. 5. NEW BUSINESS a. RZ-0621- City of Edgewater requesting an amendment to the Official Zoning Map to include 17.63:1: acres of land located southwest of the Edgewater Lakes Phase 1a subdivision as P/SP (Public/Semi- Public) . Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mr. Weiss. second bv Mr. Ross to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 17.63:1: acres of land located southwest of the Edgewater Lakes Phase la subdivision as P/SP (Public/Semi-Public). MOTION CARRIED 6-0 b. RZ-052l - Vincenzo Alison requesting an amendment to the Official Zoning Map to include 27.69:1: acres of land located south of Air Park Road and west of Silver Palm Drive as RPUD (Residential Planned Unit Development). Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. Danny Johns, 5889 Air Port ~oad, Port Orange stated he would be happy to answer any questions. Mr. Card asked what the right-of-way width of Air Park Road was. Mr. Lear stated 50-feet. Mr. Card stated that you can expect Oak Hill to grow in the future and asked if the developer could make the right-of-way wider to handle future traffic. Mr. Johns stated they could lose open space. Mr. Lear stated that by Code a collector road was to have 100-feet of right-of-way and that the RPUD Agreement gives flexibility. Mr. Ross stated he did not understand the logic of a four (4) lane road going through a subdivision. Mr. Card stated that if this was approved they would be closing an alternate north/south collector road and it would force Cow Creek Road to become the alternate. Mr. Lear stated that a transportation study was being conducted and if a north/south road was needed it would be recommended. Vincenzo Alison stated putting this road through the project would destroy it. Chairman Vopelak stated this would be putting a major road through the subdivision. Mr. Card stated it was that or no subdivision. Mr. Ross stated he would vote on it the way it was, if the road was widened he would vote against it. He stated this was not the solution to the problem. Mr. Miller stated he did not like the idea of a major road going through the development, he stated the north/south road does not address the request before them and they are not there to build a road. Kathy Booth, 2204 Tamarind, read a prepared statement to the Board against (see attached). There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mr. Card to send an unfavorable recommendation to City Council for the amendment to the Official Zoning Map to include 27.6~ acres ofland located south of Air Park 10-11-06 p&z Minutes 3 u o o CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, October II, 2006 6:30 p.m. Road and west of Silver Palm Drive as RPUD (Residential Planned Unit Development) and to disapprove the RPUD Aln'eement). MOTION DIED DUE TO LACK OF SECOND. MOTION by Mr. Ross, second by Mr. Card to send a favorable recommendation to City Council for the amendment to the Official Zoning Map and the associated RPUD Aln'eement to include 27.69:1: acres of land located south of Air Park Road and west of Silver Palm Drive as RPUD (Residential Planned Unit Development). MOTION CARRIED 6"0 Chairman Vopelak called a 10'minute recess at 7:42pm; the meeting resumed at 7:52 pm. c. CPA-0615 - Stuart Buchanan, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 24.60:1: acres of land located north of Godfrey Road, east of US Highway 1 as Mixed - Use with Conservation Overlay. Chairman Vopelak opened the public hearing and Mr. Lear provided background information. Stuart Buchanan, stated that they looked at the surrounding area. He added that mixed'use is promoted throughout the state, one reason being that you could live above where you work. He added that the zoning for mixed -use in Edgewater would require a pun Agreement. Mr. Bucha,nan stated while the Mixed-Use Land Use category does ~llow for 12 units per acre the Board and City Council do not have to give that to them. Mr. Weiss asked if they would be tied to 12 units per acre. Mr. Lear stated that they would be entitled to that if the amendment were adopted. Mr. Grisell asked if there would be a cul'de"sac on the property. Mr. Buchanan stated that access would be from the northwest corner of the property; the plaza would face in and to the east would be stormwater retention with trails, recreation and natural areas. Mr. Card asked how many dwelling units were they proposing. Mr. Buchanan stated because of the height limit - only 88"96 units. Mr. Lear stated they would be permitted 12-units per net acre and we would not know the net acreage until the engineering was done. Chairman Vopelak read a letter from Bill and Donna Moriarty in opposition to the amendment. Steve Gordon, 124 Godfrey Road spoke in opposition to the amendment. Mr. Lear asked Mr. Gordon if the City had a Mixed - Use classification allowing up to four (4) dwelling units per net acre would he still be apposed to the amendment. Mr. Gordon stated he would, he only wants to see single.family residential there. Floyd Fulford, 176 Godfrey Road spoke against the proposed amendment. Barbara Pentz, 142 Godfrey Road spoke in opposition to the proposed amendment. Jennifer Sanchz, 164 Godfrey Road spoke in opposition to the proposed amendment. 10-11-06 p&z Minutes 4 u o Q CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, October 11, 2006 6:30 p.m. Robert Sanchez, 154 Godfrey Road spoke in opposition to the proposed amendment. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Weiss. second by Mr. Card to send an unfavorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 24.60:1: acres of land located north of Godfrey Road. east of US Hiehway 1 as Mixed - Use with Conservation Overlay. MOTION CARRIED 6-0 d. CPA-0614 - Stuart Buchanan requesting an amendment to the Comprehensive Plan Future Land Use Map to include 28.56:1: acres of land located north of Godfrey Road, east of US Highway 1 as Medium Density Residential with Conservation Overlay. Chairman Vopelak opened the public hearing and Mr. Lear provided background information. Mr. Buchanan stated he would answer any further questions. Jennifer Sanchez, 164 Godfrey Road asked if this allowed eight (8) dwelling units per net acre. Mr. Lear stated yes, but engineering was needed to determine the number of net acres. Ms. Sanchez spoke of a letter from Volusia County Schools stating they had no objection to the amendment. She then asked where the entrance would be, she added that Mr. Carder stated years ago that it would be on Godfrey Road. Mr. Lear stated that for the residential uses the Code would allow it. Sandy Miller 176 Godfrey Road spoke in opposition to the amendment and the rezoning. Steve Gordon, 124 Godfrey Road stated a wetlands survey was done and there are wetlands on this property. Mr. Lear stated that staff was aware there were wetlands on-site, just not the actual number. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Ross. second by Mr. Miller to send an unfavorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 28.56:1: acres of land located north of Godfrey Road. east of US Hiehway 1 as Medium Density Residential with Conservation Overlay. MOTION CARRIED 6-0 e. RZ-0613 - Stuart Buchanan, requesting an amendment to the Official Zoning Map to include 28.56::1: acres of land located north of Godfrey Road, east of US Highway 1 as R-4 (Multi-Family Residential) Chairman Vopelak opened the public hearing and stated the previous discussion would be incorporated by reference. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card. second by Mr. Weiss to send an unfavorable recommendation to City Council for the amendment to the Official Zonine Map to include 28.56:1: acres of land located north of Godfrey Road. east of US Hiehway 1 as Medium Density Residential with Conservation Overlay. 10-11-06 p&z Minutes 5 '-J o o CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, October 11, 2006 6:30 p.m. f. CPA-0613 - SeaGate Homes Inc., requesting an amendment to the Comprehensive Plan Future Land Use Map to include 41.89:i: acres of land located east of US Highway 1, south of River Park Boulevard as Commercial and High Density Residential with Conservation Overlay. Chairman Vopelak opened the public hearing and Mr. Lear provided background information on the request. Jason Gambone, 185 Cypress Point Parkway, Palm Coast, stated they met with the previous City Manager and was informed of the views of the previous City Council pertaining to the development of this site. He stated that Sea Gates' legal counsel believes the way City Council amended the Land Development Code was flawed. Mr. Card stated that he knew Mr. Gambone approximately 20 years ago. He then asked Mr. Gambone what the estimated ad valorem tax to the City would be. He added that this is a well- designed plan and he would vote against it, but not because he wanted to. Mr. Ross stated that Mr. Card's point was taken but said that high-rise condominiums do not fit in this area and asked Mr. Gambone why they were pursuing the request knowing it would not pass. Mr. Gambone stated they felt they have a decent case for a claim. Mr. Grisell asked what the maximum height they were requesting was. Mr. Lear stated the RPUD Agreement stated 90-feet. Chris Bache, 4485 Myrtle Street asked if all property owners in the area were notified of the request. Mr. Lear stated all property owners within 300-feeet were notified. Mr. Bache then spoke in opposition to the development. Mr. Ross asked about the MH-l and MH-5 zoning designation within the City. Mr. Lear stated the City has MH-l and MH-2 classifications. There being no further discussion Chairman Vopelak closed the public hearing. MOTION by Mr. Card. second by Mr. Miller to send an unfavorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 41.89:1: acres of land located east orus Highway 1. south of River Park Boulevard as Commercial and High Density Residential with Conservation Overlay. MOTION CARRIED 6-0 g. RZ-0611 - Sea Gate Homes Inc., requesting an amendment to the Official Zoning Map to include 41.89:i: acres of land located east of US Highway 1, south of River Park Boulevard as B-3 (Highway Commercial) and RPUD (Residential Planned Unit Development) and the approval of the associated RPUD Agreement. Chairman Vopelak opened the public hearing and included the previous discussion by reference. Mr. Lear stated that the Agreement couldn't be approved, as it does not meet the Land Development Code requirements for the RPUD zoning district. 10-11-06 p&z Minutes 6 u Q o CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, October 11, 2006 6:30 p.m. There being no further discussion Chairman Vopelak closed the public hearing. MOTION bv Mr. Card. second bv Mr. Miller to send an unfavorable recommendation to Citv Council for the amendment to the Official Zoning' Map to include 41.89:1: acres of land located east of US Hig'hwav 1. south of River Park Boulevard as RPUD (Residential Planned Unit Development) and the associated RPUD Ag-reement. MOTION CARRIED 6-0 7. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear stated that he met with Mr. Ross to discuss possible Board workshops and he would like to meet with Mr. Ross again. b. Chairman's Report None at this time. c. Agency Members Report Mr. Card stated that the Economic Development Board was holding an informational forum concerning the proposed Charter amendments on October 16, 2006 at 6:00 p.m. in the Community Center. Mr. Weiss asked how many lawsuits had been filed against the City due to the Land. Development Code changes. Mr. Ross stated two (2). 7. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:10 p.m. Minutes respectfully submitted by: Bonnie Wenzel, Planning Technician 10-11-06 p&z Minutes 7 To Members of the Planning and Zoning Board of the City of Edge water: u Myself and my neighbors are concerned that permitting re-zoning of 0521 will increase the dangerous driving conditions existing on S. Airpark Rd. S. Airpark Rd is 0.6 miles long. At its south end is an "S" curve that has 2 dangerous curves, no street light, no sidewalks and heavy traffic. The north end of S. Airpark Rd is SR 442. According to statistics from the Edgewater Police Department, there were numerous off road crashes in 2004 and 2005, besides numerous citations for speeding and reckless driving, on this short road. Although S. Airpark Rd is a County road, the proposed residential area in the City limits will open directly onto the "S" curve of S. Airpark Rd. This is possibly the only entrance/exit to the property. Vehicles heading north on S. Airpark Rd will have to cross the sought bound lane of S. Airpark on one of the curves of the "S" curve to go northbound on S. Airpark Rd and will not be able to see vehicles coming north on the other curve of the "S" curve; neither will the vehicles coming north on this other curve be able to see vehicles exiting the residential area Due to the negligible distance between the two curves, vehicles will have no time to decrease their speed and no shoulder to pull onto to avoid an accident. o In 2005, the DOT traffic count was 843 vehicles approaching SR 442 during work hours. Due to the traffic count, a stop light @ S. Airpark and SR 442 is planned in 2009-2010. Before approving re-zoning of 0521, the City will be responsible to determine whether the increased traffic from the proposed new residential area will violate State standards for how many vehicles from an intersecting road, such as S. Airpark Rd, may safely "approach" State Road 442. At minimum, a new residential development would likely make the installation of a stop light @ SR 442 more urgent. In addition, a Middle School is expected to be built diagonally to the property under discussion, in 2010. This will not only increase vehicular traffic but foot traffic as well, from children walking along S. Airpark Rd. For safety purposes, the County currently plans to erect signs informing drivers of the presence of the "S" curve and safe speed, and install a street light and raised pavement markers to delineate the narrow lanes. However, there is a much better solution for the dangerous conditions of S. Airpark Rd that will also prevent foreseeable accidents and incidents: There is farm property for sale on the north side of the "S" curve. Now is the opportunity to purchase the only property available to straighten the curves of S. Airpark Rd. Mr. Gerry Brinton, a Traffic Engineer for Volusia County, says there are no County funds to purchase the property and straighten the road. Obviously, the City has a vested interest in this road since it is the City Police Department who patrols S. Airpark Rd and who handle all the complaints about noise, who give citations for speeding and reckless driving, and who handle the many traffic accidents that result in needless bodily injury and destruction of property. If the City fails to purchase the land to straighten S. Airpark Rd, and it is instead purchased by a developer, it is certain that the City will eventually annex it anyway, so regardless, S. Airpark Rd is destined to become City property and remain a City headache. o I and my neighbors would like to see the City take pro-active measures to make S. Airpark a safe road before permitting residential development of 0521. Kathy Booth 2204 Tamarind Dr 409-3091 u o o , . REceiVED ocr 0 6 2006 COfl/munn), Development William F. and Donna M. Moriarty 170 Godfrey Road Edgewater, FL 32141 October 6, 2006 Planning and Zoning Board City Of Edgewater, FL Post office Box 100 Edgewater, FL 32132 Re: RZ-0613 Official Zoning Map Amendment Honorable Chairperson and Members: We are strongly opposed to the proposed zoning map amendment requesting R-4 zoning for the parcel North of Godfrey Road. The proposed density, across the street from our quiet single family home community, is totally out of character and inconsistent with plans for responsible growth in the City of Edgewater. I am nearing the end of my 32 year career as a senior executive with Miami-Dade County Government and after a long search; my wife and I chose Edgewater as the place to spend our retirement years due to its charm, open space and small town atmosphere. I have been a Florida resident since'1961, growing up in Miami-Dade County. I have seen what poor planning and the abundance of multi family zoning have done to Miami in less than 50 years. The zoning of this parcel is just the beginning of many efforts to pack as many people in one place as developers can. If you want to see what the results will be, just come to Miami and take a look around. Make sure you take a drive during the morning and evening rush hours. Envision what traffic on US 1 in Edgewater will be like in the future unless you hold the line. Edgewater is "old Florida" as I remember it growing up. I urge you as representatives of the Hospitality City to keep it that way. Please do not go the way of other Florida East Coast communities. The parcel as currently zoned, single family homes is consistent with responsible growth. We urge you to send a strong message to this and other developers proposing such changes for land use by voting a unanimous No. Sincerely, 0'fII c$ ~~. Pbonna Q,/( ~ William F. and Donna M. Moriarty