Loading...
03-08-2017104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, March 8, 2017 1. CALL TO ORDER 2. ROLL CALL George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree and Michael Eichhorn Present 6 - Paul WrightExcused1 - Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 - 3. APPROVAL OF MINUTES a.Regular Meeting - February 8, 2017 A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to approve the minutes of February 8, 2017, with the corrected date of the Edgewater Expo being March 25, 2017. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn 6 - Excused:Paul Wright1 - 4. OLD BUSINESS-PUBLIC HEARING None at this time 5. NEW BUSINESS - PUBLIC HEARING a.RZ-1401 - Don Simms, requesting an amendment to the Official Zoning Map to include 30± acres of land located south of Roberts Road and east of Indian River Elementary School as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement Chairman Card opened the public hearing. Mr. Lear provided background information on the request as well as locations of subdivisons within the City that are similar to the proposed development. Mr. Lear stated staff did recommend approval of the request. Don Simms, owner, provided the background of the property and the many changes he has made over the years to the proposed development leading him to where they are today. Mr. Lear showed a sample of the types of houses that could be developed on 50-foot lots. Naomi Calabrese, 324 Pine Breeze Drive, spoke against the location of the entry to the development. Page 1City of Edgewater Printed on 4/5/2017 March 8, 2017Planning and Zoning Board Meeting Minutes Chairman Card indicated a four-way stop is a possibility at the new intersection. Ms. Calabrese asked about a light. Mr. Lear stated a warrant study would need to be completed and did not think the number of trips would warrant a light. Mr. Lear stated the optimal design was a four-way intersection. Jocelyn Larochelle, 102 San Remo Drive, spoke of her concern with the distance between the properties, maintenance of her fence and if two-story homes were permitted. Mr. Lear specified the setback and Chairman Card stated he assumed there would be some two-story homes. William Gintz, 203 Meadow Lake Drive, requested the lots be wider and voiced his concerns with traffic. Joe Palinsky, 106 San Remo Drive, spoke against 50-foot lots abutting San Remo and suggested the lots be larger. Tom Weir, 114 San Remo Drive, asked about various restrictions that would be imposed by the HOA. Mr. Lear specified the types of restrictions that are normally in the covenants. Mr. Simms stated the restrictions will be very strict and stated that he could not change the size of the lots. He added that once the development is complete it will raise the property values in the area. Joseph Palinsky, 106 San Remo Drive, spoke against 50-foot lots being behind him and suggested 75-foot to 80-foot lots. Dolores Gintz, 203 Meadow Lake Drive, felt the developer should conform to the lots in the area and have fewer homes. Carmella Lands, 201 Meadow Lake Drive, spoke against the location of the entrance and concern with the current traffic. Sharon Conner, 118 San Remo Drive, spoke against the development going in and the possibility of two-story homes and 50-foot lots. Mr Tyree asked how close the homes in San Remo were to the rear property line and the proposed rear setback for Woodbridge Lakes. Mr. Lear stated the PUD Agreement indicates 15-feet and was unsure of San Remo's setbacks. Mr. Tyree asked if it was possible for a tree buffer and if there would only be one entrance. Mr. Lear stated there would be only one (1) entrance. William Gintz, 203 Meadow Lake Drive, asked why he was not notified of the meeting. Mr. Lear stated adjacent property owners were notified. Chairman Card stated the Homeowners Association was also notified. He further stated he verified today that the letters were sent. Joe Palinsky, 106 San Remo Drive, stated a larger home could be put on a larger lot abutting San Remo. Page 2City of Edgewater Printed on 4/5/2017 March 8, 2017Planning and Zoning Board Meeting Minutes Charlene Giovanniello, 110 San Remo Drive, clarified the rear setback. There was additional discussion regarding setbacks in other areas within the City. Jocelyn Larochelle, 102 San Remo Drive, asked about a tree buffer to give them privacy. Mr. Eichhorn commented on the request for larger lots. He stated larger two-story home could potentially go on the larger lots also. Mr. Simms stated homes have already been designed and the builders want 50-foot lots. Mr. Simms stated he was concerned because he is zoned for apartments and could do up to 240 units. He stated the correct way to design the entry was across from one another. Mr. Andrejkovics asked if there was a possibility of a buffer. Mr. Simms stated the landscape design is pretty strong and there will be landscaping at the front but could not say where the builders will put trees on the lots. He added that he has always been careful with the fence along San Remo any time he has cleaned up the property. A resident on Pine Breeze (name inaudible), felt it would make more sense to move the entrance. Mr. Lear stated proper traffic design was to have the entrances align and not have jogs between intersections. Mr. Kennedy, stated Mr. Simms currently could construct 240 apartments, however the proposal is for 103 single family units and felt the development would be an asset. Mr. Andrejkovics, stated he was the president of the Edgewater Lakes HOA where there are mostly 50-foot lots and it has increased their property value, he added that the resale value is very strong. He did not feel this would be a deterrent. He reiterated that the property is currently zoned to allow apartments and felt the proposed plan was very attractive. Chairman Card stated he was very familiar with Meadow Lakes. He stated he was surprised when he got his packet and found a development was being proposed across the street. He appreciates that there are 80-foots lots in Meadow Lakes. He stated he talked to people in Fishermans Cove and Coral Trace and asked why they were buying there. He was told the residents did not want large lawns to maintain. Chairman Card stated it would be difficult on small lots to park boats and/or cars in the rear of the property. He added that he spend quite a bit of time researching this and now supports the project. He stated his only concern was to make sure the entrance was safe. Chairman Card added that Florida Shores is an example of poor planning and this proposal has been done very well. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude 30± acres of land located south of Roberts Road and east of Indian River Elementary School as RPUD and approval of the associated RPUD Agreement. The MOTION was APPROVED by the following vote: Page 3City of Edgewater Printed on 4/5/2017 March 8, 2017Planning and Zoning Board Meeting Minutes Yes:George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn 6 - Excused:Paul Wright1 - b.CPA-1701: Rajesh Ailani requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.57± acres of land located at 2010 S. Ridgewood Avenue and vacant property to the north and west as Commercial with Conservation Overlay. Chairman Card opened the public hearing. Mr. Lear provided background information and explained the proposed development. He advised the Board this item and the next were related. Glenn Storch, 403 S. Nova Road, Daytona Beach, stated Adult Living Facilites (ALF) were a tremendous asset to the community, they have limited impact to the neighborhoods and high base for job creation. He added that Dr. Ailani has an excellent track record, the facility he just completed in New Smyrna is excellent and this will be similar. Mr. Storch stated there is a massive need for ALF's in this area. Mr. Andrejkovics stated he was estatic that this was happening and he is a proponent of the development. Chairman Card stated this would be a great improvement to the area. Mr. Storch stated this facility would also be called Brilliance. He added that staff was wonderful in getting this done and quickly. There being no further discussion 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 amendment to the Comprehensive Plan Future Land Use Map to inlcude 2.57± acres of land located at 2010 S. Ridgewood Avenue and the vacant property to the north and west as Commercial with Conservation Overlay. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn 6 - Excused:Paul Wright1 - c.RZ-1701: Rajesh Ailani requesting an amendment to the Official Zoning Map to include 9.09± acres of land located at west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. Chairman Card opened the public hearing. Mr. Lear provided background information on the request and specified some of the criteria set forth in the PUD Agreement. He stated there is a very large need for Adult Living Facilities. Page 4City of Edgewater Printed on 4/5/2017 March 8, 2017Planning and Zoning Board Meeting Minutes Mr. Andrejkovics asked if there was a start date. Mr. Storch stated there was not one at this time, but expects Dr. Ailani to move very quickly. There being no further discussion 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 9.09± acres of land loacted west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue as BPUD and the approval of the associated BPUD Agreement. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn 6 - Excused:Paul Wright1 - d.CU-1701 - George Hackney, Inc., requesting a Conditional Use Permit to allow a medical marijuana dispensary to be located at 103 E. Boston Road. Mr. Lear provided background information; he added that the Board recommended approval of the medical marijuana dispensary Land Development Code text amendments and Council recently approved language in the Land Development Code which specified where dispensaries were permitted in the City. Mr. Lear stated the applicant is registered with the Florida Department of Health and currently operates three (3) dispensaries within the State. He stated there are several steps to become a nursery and dispensary. He stated this application is for the location south of S.R. 442, which meets the criteria set forth in the Land Development Code. Mr. Lear also stated the conditions the Technical Review Committee recommended with approval. Chairman Card stated he was concerned with security to keep people from wandering into the nearby neighborhoods. Mr. Lear showed the aerial of the wall behind the property surrounding the large retention area. Chairman Card opened the public hearing. Ben Atkins, George Hackney, Inc., introduced himself and advised the Board that he owned one of the largest senior housing companies in the Country. He explained how the company got into the business of medical marijuana and described the clientele and the process for a patient to obtain a prescription. He informed the Board that the average age of their clientele is well into their sixties. He gave some examples of the difference made in peoples lives. He stated it is medicinal, it is not designed for what teenagers are looking for. The typical product is a capsule and oral syringe. Mr. Atkins stated the facility is a mix between a spa and a medical facility. They do have armed guards, mainly because they are a new business in Florida and communities have expressed concern. Mr. Kennedy asked what the anticipated traffic would be. Mr. Atkins stated typically 10-50 per day, they also do home delivery and that is well used. He stated there are also a lot of parents of children with epilepsy who will come in. He added that typically the prior military clientele have PTSD and have come back from the Middle East. Page 5City of Edgewater Printed on 4/5/2017 March 8, 2017Planning and Zoning Board Meeting Minutes Sandra Madowski, 1920 S. Riverside Drive, asked if they were using the whole building. Mr. Atkins stated one unit. Ms. Madowski asked about plans for sidewalks along Boston Road. Mr. Lear stated it was in bicycle/pedestrian master plan but did not know when they would be constructed. Joe Palinski, 106 San Remo Drive, felt it would be a good business for the community. Dave McClure, 420 Bouchelle Drive, owner of the property to the north spoke in favor of the benefit of medical marijuana but stated he has a problem with trespassing and homeless people in the area. He is concerned the dispensary will have a negative impact on his business. He also has concerns about parking and the hours of operation. He thought it might be better served in an Industrial area. Mr. Atkins stated their actual hours are 10:00 am to 7:00 pm; the City has already made a decision on zoning. He stated their dispensary in Tampa is on a main arterial and the location in Tallahassee is around the corner from the Capitol. He added that their intent is to make a comfortable setting for their clients and add value to the area. Brenda West, 1914 S. Riverside Drive, asked if their would be security cameras. Mr. Atkins stated there would be security cameras. Mr. Eicchorn asked if there has been an issue with break-ins at thier other faciliites. Mr. Atkins stated there has never even been an attempt. He further discussed many of the positive experiences they have had. Mr. Eichhorn noted that it was important to state that this is medically prescribed. Mr. Atkins stated that was correct and discussed further the process a patient has to go through to obtain a prescription. Liz Gargano, 420 Bouchelle Drive, New Smyrna Beach, asked if there would be a sign. Mr. Atkins stated the sign would be the name and logo, inside there will be signage stating "dispensing relief naturally". Mr. Tyree asked Mr. Atkins about clients smoking on site. Mr. Atkins stated in the State of Florida smoking the product is illegal, the product can be vaporized, their most popular product is a capsule. Mr. Andrejkovics appreciated the explanation of the process for patients, doctors and dispensaries. Mr. Atkins spoke about the cost and time to obtain a prescription and how it is not suitable for tourists or teenagers. He stated that the trend is moving away from addictive medications and more towards the medical marijuana. Mr. Tyree stated he would like to see a better location for the company with more parking. Mr. Atkins stated there are very few locations that would apply due to the required distance from a church or school. He added that they felt the location will work well as it is somewhat private. Chairman Card thanked Mr. Atkins for the education on the process. He spoke about his initial concerns with the location and how Mr. Lear and City Manager Barlow alleviated his concerns. Mr. McIntosh verified the Board was considered an agent of the City in regards to the release of liability. Mr. Lear stated they were. Page 6City of Edgewater Printed on 4/5/2017 March 8, 2017Planning and Zoning Board Meeting Minutes There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Tyree, second by Mr. McIntosh, to approve the Conditional Use Permit to allow a medical marijuana dispensary to be located at 103 E. Boston Road with the following conditions: The property owner and dispensary operator(s) release the City of Edgewater, and its agents, officers, elected officials, and employees from injury, damages, or liability of any kind that results from any arrest or prosecution of dispensary owners, operators, employees, or clients for violation of state or federal laws in a form satisfactory to the City Manager; Operators and their employees shall prevent loitering on and around the premises; and Hours of operation shall be limited to 7:00am-10:00pm. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn 6 - Excused:Paul Wright1 - 6. OTHER BUSINESS None at this time. 7. 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. 8. ADJOURN There being no furhter business to discuss, the meeting was adjourned at 8:05 p.m. Minutes respectfully submitted by: Bonnie Brown, Senior Planner Page 7City of Edgewater Printed on 4/5/2017