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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, December 13, 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., December 13, 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 by Mr. Card. second by Mr. Weiss to approve the minutes of November 8. 2006 as
presented.
MOTION CARRIED 6-0
PUBLIC HEARINGS
4. OLD BUSINESS
a. RZ-0616 - Glenn D. Storch requesting an amendment to the Official Zoning Map to include
20.28:i: acres of land located north of 27th Street and south of the Majestic Oaks subdivision as R-3
(Single Family Residential).
Chairman Vopelak opened the public hearing and Mr. Lear provided background information.
Mr. Card questioned the canal in the center of the property. Mr. Lear stated this was an old
canal that has been cut off. Chairman Vopelak stated that drainage would be provided. Mr.
Grisell asked if the canal would be improved once the project was started. Mike Stull, owner,
stated that it would be.
Elizabeth Bucholtz, 2970 Oak Trail, owns property on Banyan Tree Drive and is concerned about
flooding. Mr. Lear stated there are several laws that require the developer to limit the amount of
water leaving the property to what is existing.
Ken Baxter, 225 Two Oaks Drive, stated he is president of the Majestic Oaks Homeowners
Association asked if this project was going to use Majestic Oaks entrance. Mr. Lear stated it
would, but there would also be an entrance at 27th Street. Mr. Baxter then asked if this
development would be included in the Majestic Oaks Homeowners Association. Mr. Lear stated
the applicant's attorney was looking into that.
There being no further business Chairman Vopelak closed the public hearing.
MOTION by Mr. Ross. second by Mr. Card to send a favorable recommendation to City Council
for the amendment to the Official Zonin~ Map to include 20.28:i: acres of land located north of 27th
Street and south of the Maiestic Oaks subdivision as R-3 (Sin~le Family Residential).
MOTION CARRIED 6-0
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, December 13, 2006
6:30 p.m.
5. NEW BUSINESS
a. SD-0507 - Daniel Johns requesting preliminary plat approval for a 69-lot single family
residential subdivision located south of Roberts Road, between the Indian River Elementary
School and the San Remo subdivision with the R-4 (Multi-Family Residential) zoning district.
Chairman Vopelak opened the public hearing and Mr. Lear provided background information.
Don Simms, owner, read a prepared statement regarding the proposed development.
Mr. Card stated he had concerns with the intersection, but has since spoken with Mr. Lear and
the police department and is now suggesting the entrance is moved to the east. Mr. Lear stated
he had no objection to this. Mr. Simms also had no objection.
Mr. Card asked if the developer was willing to run the sidewalk along Roberts Road to the
Walgreens. Mr. Simms stated no.
Mike Visconti, 316 Palm Breeze Drive, stated he also had concerns with traffic.
Chairman Vopelak asked if a traffic study was completed. Mr. Lear stated yes, and that Roberts
Road was at an acceptable level-of-service.
Mr. Visconti asked why there was only one entrance to the subdivision. Mr. Card stated that
there will be an emergency access easement located on the plat.
Jocelyn Larochelle, 102 San Remo Drive was concerned with the driveway being moved behind
her house and that the sidewalks will cause flooding. Chairman Vopelak stated there would be
no sidewalks constructed in front of San Remo. Mr. Card stated the entrance must be 150-feet
from the driveway for San Remo, and did not think San Remo would be impacted.
Ray Matos, 191 Roberts Road, spoke of his concerns of flooding. Chairman Vopelak stated the
drainage issues for Woodbridge Lakes would be addressed when the construction plans are
reviewed. Mr. Lear stated again that the developer is not permitted, by law, to allow any more
water to run off the property than currently does.
Mr. Matos stated that US Highway 1 floods this area. Mr. Lear stated the construction plans
show catch basins along the streets, which flows to the retention, which in turn flows to an outfall
to the south of the property. Mr. Ross asked Mr. Matos if the water from San Remo flowed to this
area. He stated that the problem comes from US Highway 1, Walgreens and Publix. Mr. Ross
stated this was a problem that should be looked into. Mr. Matos stated these properties flood his.
Daniel Johns, engineer of record, stated they cannot impede the flow of existing drainage, and the
Woodbridge Lakes construction plans do not address water flow from other areas.
Mr. Ross stated if this area is flooding it is the City's responsibility to correct it. Mr. Ross also
stated he would like to see a wall along Roberts Road. Chairman Vopelak stated it could also be
landscaping. Mr. Simms stated they are working with a landscape architect for this area.
There being no further discussion Chairman Vopelak closed the public hearing.
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, December 13, 2006
6:30 p.m.
MOTION bv Mr. Card. second bv Mr. Grisell to send a favorable recommendation to City Council
for preliminary plat approval of a 69-lot subdivision located south of Roberts Road. between the
Indian River Elementarv School and the San Remo subdivision with the R-4 (Multi-Familv
Residential) zonin!:r district with the conditions that all TRC comments are addressed prior to
construction; the pro;ect entrance is relocated to the east of the current location and it amenable
/amiable to the Plannin!:r Director and placed in a way that it is between driveways; The City
assure the Council at the time that this recommendation comes before them that no draina!:re. no
planned City draina!:re drains to this property.
MOTION CARRIED 6-0
b. V A-0605 - Patrick Samples requesting a variance from Article V of the Land Development Code
to allow a side setback of 8-feet in lieu of the required 10-feet for property located at 301 Linda
Street.
Chairman Vopelak opened the public hearing and Mr. Lear provided background information.
Patrick Samples, 301 Linda Street, stated they are asking for the variance to allow room for the
driveway.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION bv Mr. Ross. second bv Mr. Card to approve the variance reQuest from Article V of the
Land Development Code to allow a side setback of 8-feet in lieu of the reQuired 10-feet for
property located at 301 Linda Street.
MOTION CARRIED 6-0
c. VA -0606 - Harold Kolodizik requesting a variance from Article V of the Land Development Code
to allow a 20-foot rear yard setback in lieu of the required 50-feet and to allow a six (6) foot
shadow box fence in lieu for the required masonry wall for property located south of 2341 Guava
Drive.
Chairman Vopelak opened the public hearing and Mr. Lear provided background information.
Chairman Vopelak read a letter of opposition from Stephen and Karen Jo Ricks who own property
at 2302 - 2304 Fern Palm Drive.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION bv Mr. Weiss. second bv Mr. Grisell to approve the variance from Article V of the Land
Development Code to allow a 20-foot rear yard setback in lieu of the reQuired 50-feet and to allow
a six (6) foot shadow box fence in lieu of the reQuired masonry wall for property located south of
2341 Guava Drive.
MOTION CARRIED 6-0
d. TA-0602 - Review and discussion of the draft proportionate fair share process to mitigate
transportation impacts of development.
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, December 13, 2006
6:30 p.m.
Chairman Vopelak opened the public hearing and Mr. Lear provided background information.
Mr. Lear presented a PowerPoint presentation outlining the details of the amendment.
Mr. Card asked if this was based on the FDOT Model Ordinance. Mr. Lear stated it was, and
that each municipality agreed to follow Volusia County, but there are some differences because
the City has different issues and requirements.
Mr. Ross stated he would not vote for this until he understands it better. Mr. Card stated this is
an alternate method to fund roadways, and asked what would happen if this was not adopted.
Mr. Lear stated the City would not have any Comprehensive Plan amendments approved by
DCA. Mr. Card asked how they could change it in the future. Mr. Lear stated a text amendment
to the Land Development Code would have to be adopted.
Mr. Weiss stated that this will get the ball rolling and will be a work in process. He stated the
Board should approve this and can make changes as necessary.
Mr. Ross stated he did not have a problem with what Mr. Lear has done, he has a problem with
the State saying this must be done. Chairman Vopelak stated the Board could modify the Code
as needed.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION bv Mr. Weiss. second bv Mr. Grisell to send a favorable recommendation to City Council
for the amendments to the Land Development Code.
MOTION CARRIED 5-1. Mr. Ross voted NO.
6. 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.
7. ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 8:27 p.m.
Minutes respectfully submitted by:
Bonnie Wenzel, Planning Technician
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