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09-19-2018Ci 1), of -E,D GE WATER Wednesday, September 19, 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 Council Chambers Present 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Robert McIntosh, Thomas Duane and Paul Wright Excused 1 - Michael Eichhorn Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 2. APPROVAL OF MINUTES a. Regular Meeting - August 8, 2018. This item was continued to the October meeting. 3. OLD BUSINESS -PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING a. VA -1824 - Chris Hatcher requesting a variance to the Land Development Code for property located at 114 Naranga Drive. Mr. Lear provided background information and staffs recommendation on the request. Chairman Kennedy opened the public hearing. Chris Hatcher, 511 Pullman Road, applicant stated he would answer any questions. Mr. Andrejkovics asked for clarification of the required setback, which Mr. Lear stated was 10 feet. There being no further discussion, Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to approve VA -1824. The MOTION was APPROVED by the following vote: Yes: 5 - George Kennedy, Robert Andrejkovics, Robert McIntosh, Thomas Duane, and Paul Wright Abstain: 1 - Chris Hatcher b. VA -1825 - Louis Fiore requesting a variance to the Land Development Code for property located at 346 North Riverside Drive. Mr. Lear provided background information and staffs recommendation on the request. City of Edgewater Page 1 Printed on 121612018 Planning and Zoning Board Meeting Minutes September 19, 2018 Chairman Kennedy opened the public hearing. Louis Fiore, 517Aeolian Drive, New Smyrna Beach, stated he would answer any questions the Board may have. Mr. Lear indicated where the pool would be located on property. There being no further discussion Chairmna Kennedy closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Hatcher, to approve VA -1825. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright C. RZ-1808 -Teresa Arminio requesting an amendment to the Official Zoning Map to include property located at 901 West Indian River Boulevard as RP (Residential Professional). Mr. Lear provided background information and staffs recommendation on the request. Chairman Kennedy opened the public hearing. Jamie Delamater, 1818 India Palm Drive, asked for if there would be a privacy fence to block their backyard. Mr. Lear stated there would be landscaping. Greg Arminio, 2948 Kumquat Drive, advised where the waiting area would be located within the structure and stated there would be a fence and plants. Chairman Kennedy asked what type of fence would be there. Mr. Arminio stated there was an existing wrought iron fence on the property. He added that the traffic would be low volume, and parking would be in the front of the house. 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 favorable recommendation to City Council for RZ-1808. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright d. CU -1802 -Teresa Arminio requesting a Conditional Use Permit to allow a hair salon to be located at 901 West Indian River Boulevard. Mr. Lear provided background information and staffs recommendation on the request. Chairman Kennedy opened the public hearing. City of Edgewater Page 2 Printed on 121612018 Planning and Zoning Board Meeting Minutes September 19, 2018 Greg Arminio, stated his wife has worked at A Cut Above for 30 years and just hope to have the request approved. There being no further discussion, Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to approve CU -1802 conditioned upon the rezoning approval. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright e. VA -1829 -Teresa Arminio requesting variances for property located at 901 West Indian River Boulevard. Mr. Lear provided background information and staffs recommendation on the request. Chairman Kennedy opened the public hearing. Mr. Andrejkovics asked if the entrance would be on India Palm Drive, and Mr. Lear confirmed it would be. Mr. Andrejkovics asked if the fence would be same as in the front. Mr. Arminio stated there is an existing chain link fence in the rear and landscaping would be added. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Hatcher, second by Mr. McIntosh, to approve VA -1829. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright f. City of Edgewater requesting amendments to Articles II (Definitions) and III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code. Mr. Lear provided background information and staffs recommendation on the request. Chairman Kennedy opened the public hearing. Mr. Wright asked about construction dumpsters on residential property having to meet the code requirements of an enclosure. Mr. Lear indicated that is addressed in another section of the Code. Mr. Andrejkovics asked if internet cafes were illegal. Chairman Kennedy stated that was correct, that the regulations were in the Code in case the next Governor legalizes them again and Mr. Lear concurred. Mr. Lear went over the changes to the accessory structure section and provided examples of what would and would not be permitted. City of Edgewater Page 3 Printed on 121612018 Planning and Zoning Board Meeting Minutes September 19, 2018 Mr. Hatcher asked if mobile homes should be permitted in the RT (Rural Transition) zoning district. Mr. Lear explained the hardship when annexing property where a mobile home is permitted in the County and the limited locations permitted in the City. Mr. Hatcher was concerned about mobile homes being permitted in areas where they would be mixed in with very expensive homes. Mr. Lear stated the proposed zoning districts where the closest to what is permitted in the County. Mr. Hatcher then asked if there would be a minimum square footage requirement, Mr. Lear stated that is addressed in Article V. Ms. Brown added that permitting mobile homes in additional zoning districts provides relief for property owners who annex a mobile home that needs to be replaced in the future by not requiring a site built home. Mr. Lear then discussed the proposed change to fences and provided examples of what would be permitted. Mr. Hatcher voiced concerns with the times dumpsters where allowed to be emptied, stating that the property/business owner cannot dictate to the waste company when they can come. Mr. Lear stated the regulations were meant for dumpsters that are located adjacent to homes. Ms. Brown added that the regulations where meant for dumpsters located to residential properties and the changes were requested by Code Enforcement to include apartment type uses which would have dumpsters. 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 the proposed amendments to Articles II and III of the Land Development Code. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright g. City of Edgewater requesting amendments to Article VI (Sign Regulations) of the Land Development Code. Mr. Lear provided background information and staffs recommendation on the request. Mr. Hatcher asked if the Rotary would need a permit to put out feather flags for each of their meetings. Mr. Lear indicated that one permit would be sufficient. Chairman Kennedy opened the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Hatcher, to approve AR -2018-3669. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Robert McIntosh, Thomas Duane, and Paul Wright Excused: 1 - Michael Eichhorn 5. DISCUSSION ITEMS City of Edgewater Page 4 Printed on 121612018 Planning and Zoning Board Meeting Minutes September 19, 2018 a. Development Services Director's Report Mr. Lear provided the Board with an update on the status of current development. Chairman Kennedy stated that Miami Corp. recently purchased the property north of S.R. 442; west of I-95. Mr. Andrejkovics asked who determines the placement of signs. Mr. Lear stated the developer indicates the location on the site plan and provided it meets the Code requirements staff will approve it. Mr. Andrejkovics indicated that the new sign at the Dollar Tree would be hard to see due to a large tree to the north. Mr. Lear stated when plans are submitted for the sign, typically trees are not on the plans. b. Chairman's Report None at this time. c. Agency Member's Report Mr. Andrejkovics provided an update from the September 5, 2018 Economic Development Board meeting. 6. ADJOURN There being no further business, the meeting adjourned at 7:10 p.m. Minutes Respectfully Submitted By: Bonnie Brown Senior Planner City of Edgewater Page 5 Printed on 121612018 FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Christopher Hatcher Planning & Zoning Board MAILING AD RESS 1 ' I THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: C-4,' f 1 U lid CITY D COUNTY O OTHER LOCALAGENCY CITY COUNTY NAME ME OF POLITICAL SUBDIVISION: + City of Edgewater DATEJ oc WHICH VOTE OCCUR MY POSITION . 0 ELECTIVE rf APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANYATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 1112013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0. F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I {0 Cv, `P� , hereby disclose that on e1� ! , 20 b : L (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: VA -- �� % �� ��,rr Cj;en-� . , by , which If disclosure of specific information would violate oonfidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. I q // 9 /i S - Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)0, F.A.C.