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05-09-2018Ci 1), of -E,D GE WATER Wednesday, May 9, 2018 City of Edgewater Meeting Minutes Planning and Zoning Board 1. CALL TO ORDER, ROLL CALL 6:30 PM 104 N. Riverside Drive Edgewater, FL 32132 Present 7 - George Kennedy, Robert Andrejkovics, Michael Eichhom, Chris Hatcher, Robert McIntosh, Thomas Duane and Paul Wright Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 2. APPROVAL OF MINUTES a. Regular Meeting - April 11, 2018 Council Chambers A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to approve the minutes of April 11, 2018. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhom, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright 3. OLD BUSINESS -PUBLIC HEARING a. VA -1809 - Mark Karet, Zev Cohen & Associates, requesting a variance from Land Development Code for property located 412 - 418 West Park Avenue and the adjacent parcels to the south. Mr. Lear provided background information and stated this request was before the Board in April, however, the variance to the setback on the west side of the property was erroneously omitted. Chairman Kennedy opened the public hearing. There being no questions or comments Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Wright, to approve VA -1809. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright b. VA -1805 - Kimberly Rockburn requesting a variance from the Fisherman's Cove RPUD (Residential Planned Unit Development Agreement) for property located at 4691 Bayfield Harbor Lane. Mr. Lear provided background information on the request. He stated at the April meeting the Board moved to approve the variance, however the motion failed due to a tie vote. The applicant was advised by the Board that she could bring the request back before them for review, however, there has been no change to the request. Mr. Lear indicated since there has been no change to the request City of Edgewater Page 1 Printed on 612112018 Planning and Zoning Board Meeting Minutes May 9, 2018 Staffs recommendation is for denial. Chairman Kennedy opened the public hearing. Kim Rockburn, 4691 Bayfield Harbor Lane, stated she provided the Conservation Easement and additional pictures related to the request. Ms. Rockburn added that the pictures show how the neighbors view of the community day dock is already obstructed. She stated everyone in the community has a right to use the day dock, but not necessarily a right to see the day dock and her neighbor has a view of the river even if she were to install a fence. William and Pamela Thomas, 4693 Bayfield Harbor Lane, opposes the installation of a six-foot fence as it will impede their view of the river. Mr. Thomas stated they knew the rules and regulations when they moved there; with 50 foot lots any fence will break the water -view. He stated he does not feel the rules and regulations should be changed for one person. Ms. Rockburn stated the Conservation Easement supercedes the City of Edgewater regulations regarding the water, and the only water access permitted are three (3) shared docks once they are constructed. She further discussed the additional photos provided, including a column on the Thomas' patio. Ms. Thomas stated the column on their patio only blocks the side of Ms. Rockburn's house, not their view of the water. Mr. Thomas stated the Conservation Area has been marked and they were told by the County they can make a path to the water. Brent Appy, 1310 2nd Street, stated he recently purchased 4697 Bayfield Harbor Lane; it is rare to allow solid fences along the water and he is opposed to the variance request. Ms. Rockburn further discussed the variance request and her property lines. Darren Van Ryn, 4695 Bayfield Harbor Lane, spoke in opposition of the request. Mr. Andrejkovics stated no attempt was made to amend the variance as requested by the Board and asked Ms. Rockburn why that was. Ms. Rockburn stated she tried to amend it with more clarification of paperwork, the Conservation Easement, and additional photos. Mr. Andrejkovics stated the Board's responsibility is to preserve certain things in the City, water areas are very sensitive and they have to take it very seriously. Ms. Rockburn added that there is a cove, with the river being at least a football field away from the houses. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Hatcher, to deny VA -1805 based City of Edgewater Page 2 Printed on 612112018 Planning and Zoning Board Meeting Minutes May 9, 2018 on the City's review and the facts before them. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright 4. NEW BUSINESS - PUBLIC HEARING a. VA -1810- Fredrick Peters requesting a variance from the Land Development Code for property located at 203 Eaton Road. Mr. Lear provided background information and Staffs recommendation. He stated the applicant has agreed to install the fence flush with the front of the house if approved. Chairman Kennedy opened the public hearing. Fred Peters, 203 Eaton Road, stated the reason for the request is to create a sound barrier from the Fire Station across the street. Mr. Andrejkovics stated he visited the site and concurred that visibility is good and did not feel the fence would impede it. There being no further discussion, Chairman Kennedy closed the public hearing. A motion was made by Mr. Hatcher, second by Mr. Eichhorn, to approve VA -1810. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright b. AN -1802 - D. Frank Wright, requesting annexation of 1.56± acres of land located at 190 William Street. Mr. Lear provided background information and staffs recommendation. Chairman Kennedy opened the public hearing. Frank Wright, applicant stated he was available if there were any questions. Denise Sustrich, 195 William Street, voiced concerns regarding the neighbors recourse if the property owner requests to change the property to anything other than single family. Mr. Lear stated there would be public hearings and adjacent owners would be notified of such, he added that he did not think staff would recommend approval for a change in use. Ms. Sustrich then questioned the property not being contiguous. Mr. Lear explained the Interlocal Agreement the City entered into with 1Volusia County allowing annexations within a certain boundary. Ms. Sustrich then stated she did not receive a notification letter. Ms. Brown verified the letter was mailed utilizing the County Property Appraiser's data. City of Edgewater Page 3 Printed on 612112018 Planning and Zoning Board Meeting Minutes May 9, 2018 There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorable recommendation to City Council for AN -1802. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright C. CPA -1803 - D. Frank Wright, requesting an amendment to the Future Land Use Map to include 1.56± acres of land located at 190 William Street as Low Density Residential. Mr. Lear provided background information and Staffs recommendation. Chairman Kennedy opened the public hearing. Bill Fatula, 4505 Myrtle Street, asked for an explanation of Low Density, which Mr. Lear provided. Mr. Fatula then voiced concerns of the property being permitted four (4) units per acre. Mr. Hatcher explained the Land Use allows for up to four (4) dwelling units per acre. Mr. Lear added that was the same as it currently is in the County, that nothing is actually changing. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to send a favorbale recommendation to City Council for CPA -1803. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright d. RZ-1803 - D. Frank Wright, requesting an amendment to the Official Zoning Map to include 1.56± acres of land located at 190 William Street as R-1 (Single Family Residential). Mr. Lear provided background infromation and Staffs recommendation. e. Chairman Kennedy opened the public hearing. There being no discussion Chairman Kennedy closed the public heaing. A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorbale recommendation to City Council for RZ-1803. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright SD -1701 - Woodbridge Lakes at Edgewater, LC requesting preliminary plat approval for the Woodbridge Lakes subdivision. City of Edgewater Page 4 Printed on 612112018 Planning and Zoning Board Meeting Minutes May 9, 2018 Mr. Lear provided background information and Staffs recommendation. Chairman Kennedy opened the public hearing. Jack Spira, 5205 Babcock Street, Palm Bay, representing the applicant stated he is available to answer any questions. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to send a favorbale recommendation to City Council for SD -1701. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright f. SD -1703 - David Evans, Liberty Village Development Inc., requesting Preliminary Plat approval for a subdivision to be located east of South Glencoe Road and south of Lake Waterford Estates. Mr. Lear provide background information and Staffs recommendation. Chairman Kennedy opened the public hearing. Jerry Finley, Finley Engineering stated they would be happy to answer any questions. Chairman Kennedy asked if Milrose Drive was abandoned. Mr. Lear and Mr. Finley both stated the road was vacated by a prior action. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Hatcher, second by Mr. Eichhorn, to send a favorable recommendation to City Council for SD -1703. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright g. ZA-1802 - E.V. LaCour, requesting to amend and restate the Oak Leaf Preserve RPUD (Residential Planned Unit Development Agreement). Mr. Lear provided background information, including key changes to the proposed Agreement, and Staffs recommendation. Chairman Kennedy opened the public hearing. Jeff Brock, 444 Seabreeze Boulevard, Daytona Beach, representing the owner/applicant, introduced their team and stated they would answer any questions. He stated the proposed Agreement would City of Edgewater Page 5 Printed on 612112018 Planning and Zoning Board Meeting Minutes May 9, 2018 reduce the number of lots previously approved, add emergency access, and include an age -restricted area which would be gated with private roads. Parker Mynchenberg, 1729 S. Ridgewood Avenue, Holly Hill, stated the project includes an increase in open space and stormwater management. Mr. Wright pointed out the Agreement states 2005. Mr. Lear stated Staff corrected the year after the agenda was published. Mr. Andrejkovics asked for clarification of the easements on every other lot. Mr.Lear stated it was for construction purposes. Mr. Andrejkovics then asked who would be responsible for the roads. Mr. Mynchenberg clarified ownership and maintenance of the roads. He added there would be two clubhouses, one for the all family section and one for the gated section. Mr. Andrejkovics asked f there would be a pool. Mr. Mynchenberg stated there would be one for each section, and after discussion with Staff a playfield was added to the all family section of the development. Mr. Andrejkovics asked if having one (1) entrance was sufficient for a community of this size. Mr. Mynchenberg stated based on the traffic study they are confident one entrance will be sufficient, and added there are two (2) emergency access points that will be gated for utilization in an emergency situation. Mr. Lear added that one access was removed due to the installation of the trail. Mr. Mcintosh asked about turn lanes and drainage improvements on Old Mission Road. Mr. Mynchenberg stated he has worked with Volusia County to provide turn -lanes for the project which will include drainage improvements. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to send a favorbale recomendation to City Council for ZA-1802. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhom, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright 5. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear requested the June meeting be moved to the 20th, the third Wednesday, due to scheduling conflicts. b. Chairman's Report None at this time. c. Agency Member's Report None at this time. City of Edgewater Page 6 Printed on 612112018 Planning and Zoning Board Meeting Minutes May 9, 2018 6. ADJOURN There being no further business the meeting adjourned at 7:20 p.m. Minutes respectfully submitted by: Bonnie Brown Senior Planner City of Edgewater Page 7 Printed on 612112018