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05-08-2019Cily of EDGE 195, ER Wednesday, May 8, 2019 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 Chairman Kennedy called the meeting to order at 6: 00 p.m. Present 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright and Burton Maroney Excused 1 - Michael Eichhorn Also Present 3 - Development Services Director Darren Lear, Senior Planner Bonnie Brown and Aaron Wolfe 2. APPROVAL OF MINUTES A motion was made by Maroney, second by Eichhorn, to approve No. [FILE NR]. The motion failed by the following vote: a. Regular Meeting - March 13, 2019 A motion was made by Mr. Andrejkovics, second by Mr. Hatcher, to approve the minutes of March 13, 2019. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn 3. OLD BUSINESS -PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING h. RZ-1810 - Richard Kowalski, requesting an amendment to the Official Zoning Map to include 1.26t acres of land located at 2001 South Riverside Drive as BPUD (Business Planned Unit Development). Mr. Lear provided background information on the request. He advised the Board there was an appeal submitted of his and the City Attorney's interpretation of the code which he would like to address that before moving on to public comments. The first concern was regarding the legality of an easement over the Boston Road right-of-way. Mr. Wolfe stated an easement would not be required, however a Non -Exclusive Right -of -Way Agreement will be. That Agreement will address the parking and use of Boston Road. Mr. Wolfe added that there was also an objection to the Comprehensive Plan, Policy 1.4.7 regarding protection of the right-of-way; he stated he felt the development would be consistent with the Comprehensive Plan City of Edgewater Page I Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 and that particular Section, as it allows the use of right-of-ways through Development Orders, approval of the PUD would consitutue a Development Order and satisfy that Section of the Comprehensive Plan. He further stated that legally he felt this was appropriate and there would be no issue with approving the zoning request. Mr. Lear stated the appeal also included policies within the Coastal Element of the Comprehensive Plan. He stated the intent of those policies is to reduce the stormwater runoff into the Indian River, which is what this project will do. He stated the stormwater from the site and Boston Road will be held and treated on the property prior to entering the Indian River and therefore he believes the proposed project meets the intent and spirit of those policies, as well as the associated Objective and Goals. Chairman Kennedy opened the public hearing and advised those present that there was a strict three (3) minute time limit that would be adhered to and that everyone that wishes to will have an opportunity to speak. Anna Long, 420 S. Orange Avenue, Suite 700, Orlando Florida, attorney for applicant, respectfully requested the Board approve the request as submitted and asked the Board if they would prefer a formal presentation or allow them to answers questions. Chairman Kennedy requested they answer questions. Ken Hooper, 1818 S. Riverside Drive; provided his credentials and spoke in opposition of the request due to the compatibility of the surrounding area; consistency of the Land Development Code and Comprehensive Plan; (Mr. Andrejkovics requested Mr. Hooper be allowed an additional three (3) minutes, which Chairman Kennedy allowed); amount of uplands versus the submerged land on the site; the lot being non -conforming; the amount of impervious surface proposed; use of Boston Road; the size of the project and stormwater runoff. Mr. Hooper spoke about the appeal he submitted and his discussion with both Mr. Lear and Mr. Wolfe regarding the legality of the use of Boston Road. Mr. Hooper stated he has never seen a municipality give a developer use of a right-of-way by way of an easement and further commented on the liability to the City. He stated if the City wanted to allow the development the right-of-way should be vacated and split between the property owners to the north and south. Mr. Hooper then spoke about the advertising and the notification process for the request. He then spoke about the setbacks from the river stated in the Comprehensive Plan. Ms. Long provided her credentials and responded to Mr. Hooper's issues and concerns regarding the project. She stated she has seen this plan revised several times while working with the property owner to the north. She stated she understood our notification process is constructive notification by publication with adjacent property owners getting individual notice service which is how this and all city projects are done. She stated there is a precedent throughout the State of Florida to allow a private developer to make improvements within a right-of-way and allow the developer to then enter into a Right -of -Way or Use Agreement, which would be non-exclusive. The proposed improvements to include stormwater and parking will all be public access; the Agreement allows the developer to make use of the improved area and the cost of said improvements. City of Edgewater Page 2 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 Ms. Long addressed the reduction in impervious surface as compared to the former development o� f the property and stated the engineer can address that further. She added that FDEP has issued an Environmental Resource Permit for the stormwater management system. Parker Mynchenberg, 1729 Ridgewood Avenue, Holly Hlll Florida, engineer of record, provided his credentials. Mr. Mynchenberg stated the project was originally negotiated with the former City Manager and he met with Staff to review the plans and determine any issues. He stated that they are providing retaining and screening walls and a landscape buffer along the northern property line. He stated the City Engineer indicated a drainage issue along the frontage road; they came up with a solution which was reviewed and approved by the City Engineer. The project received a DEP Permit instead of St. Johns River Water Management District because of the seawall, adding that several engineers have reviewed the project and it is designed and permitted per State and local code. He reiterated that throughout the process they had several negotiations with the property owner to the north and he felt they were happy with the plan with the exception of the dumpster location. Mr. Mynchenberg then went over the history of the project and the proposed development. He advised the Board that the stormwater and impervious surface calculations were based on the uplands area of the property only. He continued that the stormwater is also designed to alleviate the flooding that occurs in the right-of-way and to handle the drainage from improving the City street. He explained the various aspects of the stormwater design that will treat the runoff before it enters the river and that he feels the design meets all required codes. Mr. Andrejkovics asked for the distance from the house to the north to the retaining wall and how would they access their parking spaces. Mr. Mynchenberg stated it was approximately 20 feet and indicated the location of the parking spaces. Mr. Andrejkovics asked for clarification of how they would access those spots on foot. Mr. Mynchenberg stated they property owners currently do not have a garage and are parking in the exiting right-of-way; the plans calls for four (4) improved parking spaces for their exclusive use. Mr. Andrejkovics asked if there was a wall and how would they access the property. Mr. Mynchenberg stated there was a gate and they could drive onto their property. Mr. Andrejkovics confirmed it was at ground level which Mr. Mynchenberg stated it was. Mr. Andrejkovics stated they were substantially encroaching onto the property to the north and asked how the drainage would affect that property. Mr. Mynchenberg clarified that the development was not encroaching onto the property to the north or any private property and further detailed the drainage design and flow. Mr. Andrejkovics asked how far the building would be set back from the river; Mr. Mynchenberg stated approximately 20 feet. Mr. Wright asked for clarification of dumpster location which Mr. Mynchenberg provided. Momye Beamer, 1818 S. Riverside Drive, provided her planning experience and the history of Comprehensive Planning, as well as that of Camerons Marina. City of Edgewater Page 3 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 Maryann Thorhallsson, 205 Boston Road; voiced her concerns regarding flooding and that she has been told she has the lowest existing property in Edgewater. She continued that the expansion of the seawall will cause the river, when it rises, to rush onto her property. She stated that it has been said the paving and grading of the right-of-way will be level with her property, but she was not sure that was true. She continued to discuss the access to her property and concern for the three (3) families living in her home and the guarantee she will have access to her residence. She voiced concerns with the placement of the dumpster and stated the developer assured her it would not be placed in front of her house. She continued that she was advised that she may have to move her staircase because it goes right to were the retaining wall will be. She further discussed the negative impact on her family and property and requested careful review of the flooding issue. Chairman Kennedy asked for clarification of where Mrs. Thorhallsson's property was, which Mr. Lear indicated on the screen. Jay Jackson, 2013 S. Riverside Drive, echoed Mr. Hooper's comments. He stated they were glad to see the redevelopment; however it does not keep with the scale of the community. He spoke about the distance between the proposed driveways and the requirements of a BPUD which he felt this project did not meet. He reiterated they would like to see development there without the use of Boston Road. Rick Robertson, 1930 S. Riverside Drive, spoke of concerns with traffic, including delivery trucks. He suggested Edgewater buy the property and put a park there, that a restaurant was not needed there, as there are enough restaurants around. He then spoke of Riverside Drive being a scenic drive and questioned where people were going to park. Ed Vogelsang, 2002 S. Riverside Drive, asked where the entrances where and was concerned they were going to be directly across from his house. He also voiced concerns with the proposed fuel tank and traffic. He felt the project was too big for the property. Mr. Lear showed where the entrances would be located. Mr. Vogelsland then spoke about the proposed hours of operation. Chairman Kennedy stated this was the first step in a multi -step process and at this point they could not say what the hours of operation would be. He stated they have gone through a years worth of due diligence trying to be a good neighbor. Mr. Vogelsang asked why did they have to access the property from in front of his house, why could they not access from Boston Road. He then added that he hoped this worked for everyone and was within the aesthetics of the neighborhood. Gwen Becker, 120 Rhode Island Street, spoke of her concerns with the additional traffic along Riverside Drive. James Wagers, 1702 Lime Tree Drive, felt the project was maximized at the expense of everyone else. He stated that a marina was needed, but was concerned about surrending a road for retention. City of Edgewater Page 4 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 He felt it would be better utilized with a gazebo for public use. He then spoke of the notification process. Ed Budrough, 1522 Monroe Drive, asked about fuel tanks on the property and where they would be located. Chairman Kennedy indicated the tank location on the plans and stated they would meet required standards. Mr. Lear stated a separate permit is required for the tanks which would dictate the location, all Life Safety Codes must be met and it may have to be registered with the Florida Department of Environmental Protection, depending on size. Mr. Budrough then asked how far the tanks have to be from a dwelling; Chairman Kennedy stated he was unsure but was certain Mr. Mynchenberg located them within the requirements. Elizabeth Labiak, 2005 S. Riverside Drive, spoke about the location of the fuel tank in relation to her apartments and that she did not want them to be located where proposed. Mr. Andrejkovics continued discussion regarding the parking and access for the property to the north. Mr. Mynchenberg pointed out the four (4) designated parking spaces for the property. Mr. Andrejkovics then asked if they would be able to drive a car onto their property and clarified he was referring to the property at the northeast corner of Boston Road and Riverside Drive. Mr. Lear stated they have access from Riverside Drive and Boston Road. Mr. Andrejkovics then asked about the property to the east. Mr. Lear stated they have two driveway locations. Mr. Mynchenberg clarified that there would be a wall along the right-of-way and there will be two (2) gates at each access point to the residence which they can close when they choose. Mr. Andrejkovics asked if the access was at ground level as far as driving onto the property, Mr. Mynchenberg confirmed that to be correct. Mr. Wright asked where the gates were located. Mr. Mynchenberg stated along the property line, providing the residents the ability to park in the designated parking spaces or drive onto their property. Mr. Wright then asked about patrons of the restaurant using those spaces. Mr. Mynchenberg stated individuals can currently park along Boston Road in the front of the residence, but there will be signage indicating private access. Mr. Andrejkovics asked if the project could be developed without the property the City was giving the developer. Mr. Lear clarified that the City was not giving them property; they will be utilizing it based on the Right -of -Way Agreement. Mr. Andrejkovics then clarified that without the use of the right-of-way they could not build this project. Mr. Lear stated as proposed they could not. Mr. Andrejkovics stated he was pro -development but not at the sake of residents. Mr. Lear stated it was not hurting the residents and Mr. Wolfe added that right-of-way agreements are used all over the state. Mr. Lear reiterated the project was not hurting anyone by utilizing an un-opened right-of-way. Mr. Maroney asked how long the subject property has been zoned commercial. Mr. Lear stated as long as he has been here and Chairman Kennedy stated at least since 1970. Mr. Maroney then spoke about knowingly purchasing a residence adjacent to commercial property and that this property has been historically commercial. City of Edgewater Page 5 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 Maryanne Thorhallsson, 205 Boston Road, stated she has lived at her property since 1946 and it is also commercially zoned with an active fish camp. She stated she has questioned the use of Boston Road and walling off her property. Mr. Lear advised the Board that the property to the south was also commercial. Rick Robertson, 1930 South Riverside Drive, he asked why the property had to be changed from commercial to business. Chairman Kennedy clarified that commercial was business, it was the same designation. Mr. Robertson stated different uses were allowed, that if was business you could have vendors go in there but you couldn't on commercial. Mr. Lear stated there were several uses permitted in the existing B-4 zoning designation. Mr. Robertson stated he believed business could be used for many things, but not commercial. Chairman Kennedy stated the property was currently zoned B-4, Tourist Commercial, and a variety of commercial uses could be developed on the property. Mr. Robertson stated he was concerned about the adjacent property owner losing access to her property. Chairman Kennedy closed the public hearing and asked for a motion. Mr. Wolfe stated any motion for approval should include substituting a Non -Exclusive Right -of Way Agreement in place of an Easement Agreement in paragraph 3c of the PUD. A motion was made by Mr. Wright, second by Mr. Hatcher, to approve send a favorable recommendation to City Council for RZ-1810 inlcuding the amendment to the PUD changing the easement to a Non-Exclsive Right -of -Way Agreement. The MOTION was APPROVED by the following vote: Yes: 4 - George Kennedy, Chris Hatcher, Thomas Duane, and Burton Maroney No: 2 - Robert Andrejkovics, and Paul Wright Excused: 1 - Michael Eichhorn a. FP-1901 - Parker Mynchenberg requesting Final Plat approval for property located at 100 Whaler Way and 4115 South Ridgewood Avenue. Mr. Lear provided background information on the request. Chairman Kennedy opened the public hearing. Parkery Mynchenberg, 1729 Ridgewood Avenue, Holly Hill, provided additional detail of the project including the screening between Hacienda Del Rio and Boston Whaler. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by recommendation to City following vote: Mr. Andrejkovics, second by Mr. Wright, to send a favorable Council for FP-1901. The MOTION was APPROVED by the City of Edgewater Page 6 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn b. AN-1902 - Alfred and Luana Schmitz requesting annexation of property located at 120 Godfrey Road. Mr. Lear provided background information on the request. Chairman Kennedy opened the public hearing. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Hatcher, second by Mr. Wright, to send a favorable recommendation to City Council for AN-1902. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn C. CPA-1904 - Alfred and Luana Schmitz requesting an amendment to the Comprehensive Plan Future Land Use Map to include property located at 120 Godfrey Road. Mr. Lear provided background information on the request. Chairman Kennedy opened the public hearing. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Hatcher, to send a favorable recommendation to City Council for CPA-1904. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn d. RZ-1904 - Alfred and Luana Schmitz requesting an amendment to the Official Zoning Map to include property located at 120 Godfrey Road. Mr. Lear provided background information on the request. Chairman Kennedy opened the public hearing. There being no discussion Chairman Kennedy closed the public hearing. City of Edgewater Page 7 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 A motion was made by Mr. Wright, second by Mr. Hatcher, to send a favorable recommendation to City Council for RZ-1904. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn e. CPA-1903: Scott Griffin, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 17.29f acres of land located at 3757 S. Ridgewood Avenue and the two vacant parcels to the south as Medium Density Residential with Conservation Overlay. Mr. Lear provided background information on the request. Chairman Kennedy opened the public hearing. John McGivney, 290 Costa Rica, spoke in favor of the request. He then asked what the notification process was. Chairman Kennedy stated adjacent property owners are notified directly. Mr. McGivney stated they were not notified of the request. Mr. Lear stated the residents were not individual property owners and would not be notified. Ms. Brown stated that notification letters were not required for a Comprehensive Plan amendment, only a legal advertisement. She added that the notification requirements were based on the type of request. Mr. Lear stated that we follow the notification requirements provided for in state statute. Mr. Wright asked what the open space along Ridgewood Avenue was. Scott Griffin, applicant, stated there are existing easements and buffers in that location which will remain natural. Mr. Lear stated it was approximately 50 feet wide. Mr. Andrejkovics asked about traffic in the vicinity and if there would be traffic control considered. Mr. Lear stated the road segment is below the level of service but with future development signalization may be required. Mr. Griffin expanded on the landscaping and buffers along the roadway. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Wright, to send a favorable recommendation to City Council for CPA-1903. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn f. VA-1908 - Jimmy R. Freeman, requesting a variance for property located at 1722 City of Edgewater Page 8 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 Mango Tree Drive. Mr. Lear provided background information on the request. Chairman Kennedy opened the public hearing. Jimmy Freeman, 1722 Mango Tree Drive, further expanded on his need for the shed and the proposed location. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Hatcher, second by Mr. Andrejkovics, to approve VA-1908. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn g. VA-1909 - Gregory Sahakian, requesting a variance from the Land Development Code for property located at 116 Boston Road. Mr. Lear provided background information on the request. Chairman Kennedy opened the public hearing. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Hatcher, to approve VA-1909. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Chris Hatcher, Thomas Duane, Paul Wright, and Burton Maroney Excused: 1 - Michael Eichhorn 5. DISCUSSION ITEMS a. Development Services Director's Report None at this time. b. Chairman's Report None at this time. c. Agency Member's Report Mr. Andrejkovics updated the Board on the May Economic Development Meeting. Cam1111011 901 City of Edgewater Page 9 Printed on 71312019 Planning and Zoning Board Meeting Minutes May 8, 2019 There being no further business before the Board, the meeting adjourned at 8: 03 p.m. Minutes respectfully submitted by: Bonnie Brown Senior Planner City of Edgewater Page 10 Printed on 71312019