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02-12-2020Planning and Zoning Board City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers6:30 PMWednesday, February 12, 2020 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL 2. APPROVAL OF MINUTES Regular Meeting - January 8, 2020a. 01-08-20Attachments: 3. OLD BUSINESS-PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING VA-1932 - Brian Simms requesting a variance for property located at 127 Palm Breeze Drive. a. Location Map Aerial Map Plan Image 01-08-19 Image 02-28-18 Image 10-16-16 Attachments: VA-2001 - Frank Brownell requesting a variance for property located at 206 Virginia Street. b. Aerial Map Location Map Survey-Plan Plan - Setback locations Aerial Views Attachments: 5. DISCUSSION ITEMS a. Development Services Director's Report Page 1 City of Edgewater Printed on 2/6/2020 February 12, 2020Planning and Zoning Board Meeting Agenda b. Agency Member's Report 6. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. Page 2 City of Edgewater Printed on 2/6/2020 104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, January 8, 2020 1. CALL TO ORDER, ROLL CALL George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane and Burton MaroneyPresent5 - Chris HatcherExcused1 - Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 - 2. APPROVAL OF MINUTES a.Regular Meeting - December 11, 2019 A motion was made by Mr. Wright, second by Mr. Andrejkovics, to approve the minutes of December 11, 2019. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - 3. OLD BUSINESS-PUBLIC HEARING None at this time. 4. NEW BUSINESS - PUBLIC HEARING a.SD-1902 - Mark Goldshmidt, requesting Preliminary Plat approval for Majestic Oaks, Phase IV. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the Public Hearing. Brad Bauknecht, applicant's representative, 747 Hope Street, Ormond Beach, stated Staff has been very helpful and he really appreciated it. Mr. Wright asked for clarification of where the road connections where; which Mr. Lear provided. 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 SD-1902. The MOTION was APPROVED by the following vote: Page 1City of Edgewater Printed on 2/5/2020 January 8, 2020Planning and Zoning Board Meeting Minutes Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - b.VA-1931 - Paul Hampton requesting variances from the Land Development Code for property located at 1201 S. Riverside Drive. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing. Mr. Wright asked if the concrete revetment shown on the drawing was existing; Mr. Lear confirmed it was. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Maroney, second by Mr. Andrejkovics, to approve VA-1931 with the condition that an adequate stormwater management system be designed to accommodate all runoff associated with the pool deck, according to the current Land Development Code, and be approved by the Envrionmental Services Department prior to the issuance of a Building Permit. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - c.CPA-1906 - Dan McFall requesting an amendment to the Future Land Use Map to include 41.89± acres of land located at 4401 South Ridgewood Avenue as Commercial with Conservation Overlay. Chairman Kennedy advised those present that this item and the next were related. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing and explained the appropriate procedures for addressing the Board regarding any agenda item. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Maroney, to send a favorable recommendation to City Council for CPA-1906. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - d.RZ-1906- Dan McFall requesting an amendment to the Official Zoning Map to include 41.89± acres of land located at 4401 South Ridgewood Avenue as BPUD (Business Planned Unit Development). Page 2City of Edgewater Printed on 2/5/2020 January 8, 2020Planning and Zoning Board Meeting Minutes Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing and provided an overview of the development approval process. The following individuals voiced concerns with the proposed development: Amy Matt, 139 William Street, provided a list of concerns (attached). Steven Wilson 4485 Myrtle Street Starlet Riviere, 4515 Myrtle Street Theresa Thorpe, 4493 Myrtle Street Chris Kelly, 4535 Myrtle Street Denise Sustrich, 195 William Street Joie Kelly 98 Bobcat Lane, Osteen, and Dan McFall, 233 Azalea Lane, Osteen, applicants; stated they would be happy to answer any questions. Mr. Andrejkovics asked about the northern and southern buffers and if the fence/wall could be adjusted away from the property lines. Ms. Kelly stated yes, however, Mr. Lear cautioned the Board that having landscaping on the outside of a fence or wall can lead to a lack of maintenance. Mr. Andrejkovics confirmed connection to City sewer; and asked if the riverfront uses would be accessible to the public. Ms. Kelly stated there will be a separate access point for the public and the RV sites would be in a gated area. Mr. Andrejkovics asked about security for the RV sites; Ms. Kelly stated there would be a guard house. Chairman Kennedy asked for more information regarding the marina and the type of slips that would be provided. Ms. Kelly stated a maximum of 10 overnight slips would be permitted by St. Johns River Water Management District and would be located along the canal; day slips would be located along the Intercoastal. Chairman Kennedy then asked if the number of RV sites could be reduced to allow for an increase in tree preservation; Ms. Kelly stated they would consider a reasonable reduction. Mr. Lear suggested the developer meet with the neighboring property owners to discuss the proposed development and their concerns. Chairman Kennedy agreed and gave an overview of recent meetings where the developer met with concerned neighbors and how well that worked out. Mr. Lear added that the residents had some very good ideas that went into the PUD Agreement for those developments. Mr. McFall agreed to meet with them. Mr. Wright asked if there was a definition for transient and if RV's would be permitted to remain on-site when the owners leave. Ms. Kelly stated living on site would not be permitted and as far as RV's remaining in park she did not see an issue, but that is open for discussion. Mr. McFall stated many owners will keep their RV there when they go home and there will be security. Mr. Andrejkovics asked about keeping the lighting from spilling onto adjacent properties. Ms. Kelly Page 3City of Edgewater Printed on 2/5/2020 January 8, 2020Planning and Zoning Board Meeting Minutes stated most of the lighting will be at the RV sites. Mr. Duane asked if it would be low-profile lighting, which Ms. Kelly confirmed. Mr. Lear added that staff can require a lighting plan as part of the site development review. Mr. McFall, stated the development would include not only a bar, but a restaurant also. Mr. Maroney asked about limiting boat size that would be permitted at the day slips. Ms. Kelly stated the location was shallow and that would limit boat size. Mr. Maroney suggested adding signage limiting the size of boats permitted and indicating the area is a "no-wake zone"; he added that he agreed with meeting with the neighbors in the area. He further commented on his concerns for safety as it relates to RV's entering and exiting on US 1, with the understanding that FDOT will have final say on any improvements to the road. Mr. McFall stated he felt at least a decel lane would be required, with FDOT approval. Mr. McFall stated a large number of trees will be saved, and that he understands the concerns of the neighbors, he added that they are willing to work with them. Mr. Andrejkovics asked about the process for making changes to the PUD Agreement, which Mr. Lear explained. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Duane, to send a favorbale recommendation to City Council for RZ-1906. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - e.Board Appointment - Recommendation to City Council due to the expired term of Chris Hatcher, who is seeking reappointment. A motion was made by Mr. Andrejkovics, second by Mr. Wright, to send a favorable recommendation to City Council for the reappointment of Chris Hatcher. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - f.Board Appointment - Due to the resignation of Mike Eichhorn. Mr. Wright asked if they make a recommendation for Council to consider all three (3) applicants; Chairman Kennedy stated one should be put forward. Albert Amalfitano, 125 Hollow Oak Trail, introduced himself and explained why he would like to be appointed to the Board. Page 4City of Edgewater Printed on 2/5/2020 January 8, 2020Planning and Zoning Board Meeting Minutes A motion was made by Mr. Andrejkovics, second by Mr. Wright, to send a favorable recommendation to City Council for the appointment of Albert Amalfitano. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - g.Election of Chairman and Vice-Chairman A motion was made by Mr. Wright, second by Mr. Duane, to reappoint George Kennedy as Chairman. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - A motion was made by Mr. Wright, second by Mr. Duane, to reappoint Robert Andrejkovics as VIce-Chairman. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, and Burton Maroney5 - Excused:Chris Hatcher1 - 5. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear advised the Board that they were provided the updated Article XVII of the Land Development Code recently adopted by City Council. Mr. Andrejkovics asked for clarification of what was continued by Council; Mr. Lear stated it was the actual fee Ordinance. b. Agency Member's Report None at this time. 6. ADJOURN There being no furhter business, the meeting adjourned at 7:30 p.m. Minutes Respectfully Submitted by: Bonnie Brown, Senior Planner Page 5City of Edgewater Printed on 2/5/2020 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:VA-1932,Version:1 ITEM DESCRIPTION: VA-1932 - Brian Simms requesting a variance for property located at 127 Palm Breeze Drive. OWNER:Brendan O’Grady REQUESTED ACTION:Variance approval to allow a boathouse to be reconstructed within two-feet (2’)of the southern property line in lieu of the required 10-feet,per Section 21-36.06(c)of the Land Development Code. LOCATION: 127 Palm Breeze Drive AREA:.55± acres PROPOSED USE: Boathouse CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Low Density Residential ZONING DISTRICT:R-3 (Single Family Residential) VOTING DISTRICT: 3 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-3 (Single Family Residential) East Indian River NA NA South Single Family Residence Low Density Residential R-3 (Single Family Residential) West Single Family Residence Volusia County Urban Low Intensity Volusia County R-3 (Urban Single Family Residential) Background:The subject property contains a 3,743 square-foot single family residence constructed in 1968;a seawall was constructed in 1969 and a boat dock with boathouse was constructed in 1986.Subsequently the boathouse was severely damaged in a storm; the applicant is requesting approval to allow the boathouse to be reconstructed in the previous location. Land Use Compatibility:The subject property is located along the Indian River,the properties to the north and south have docks and boathouses; the reconstruction of the boathouse is consistent with those properties and others along the river. Adequate Public Facilities:NA Comprehensive Plan Consistency: Policy 1.3.5 of the Conservation Element requires the City to regulate boating impacts on the Indian River pursuant to Phase II of the City of Edgewater Printed on 2/6/2020Page 1 of 2 powered by Legistar™ File #:VA-1932,Version:1 Policy 1.3.5 of the Conservation Element requires the City to regulate boating impacts on the Indian River pursuant to Phase II of the Manatee Protection Plan of Volusia County.The applicant received a Letter of Compliance with the Manatee Protection Plan from Volusia County on August 23,2019.The Florida Department of Environmental Protection (FDEP)permits docks for single family residences;however,an exemption from the permitting requirements exists for the repair or replacement of existing docks in the exact same location with the exact same square-footage. Policy 1.3.7 of the Conservation Element states that single-family residential lots with Indian River frontage shall not be denied their riparian rights to construct a minimum of two (2) motorized boat slips per lot. RECOMMENDED ACTION Motion to approve VA-1932. City of Edgewater Printed on 2/6/2020Page 2 of 2 powered by Legistar™ P eli c a n L n L a u g h i n g G u ll L n K i n g fi s h e r L n B lue H e ron Dr S R i d g e wo o d A v e . Su bject Prope rty Date: 12 /18 /2 019 P eli c a n L n L a u g h i n g G u ll L n K i n g fi s h e r L n B lue H e ron Dr S R i d g e wo o d A v e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community . Date: 12 /18 /2 019 Su bject Prope rty City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:VA-2001,Version:1 ITEM DESCRIPTION: VA-2001 - Frank Brownell requesting a variance for property located at 206 Virginia Street. OWNER:Georgenne and Frank Brownell REQUESTED ACTION:Variance approval to allow a 375 square-foot shed to be located 10-feet from the rear property line in lieu of the required 30-feet, per Section 21-50.02, Table V-1. LOCATION:206 Virginia Street AREA:.25± acres PROPOSED USE: Shed CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Low Density Residential ZONING DISTRICT:R-1 (Single Family Residential) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-1 (Single Family Residential) East Single Family Residence Low Density Residential R-1 (Single Family Residential) South Canal/City Park Recreation R (Recreation) West Single Family Residence Low Density Residential R-1 (Single Family Residential) Background:The subject property contains a 1,740 square-foot single family residence constructed in 1978.The applicant is proposing to install a shed in the rear of the property;due to the canal and location of the residence on the property a shed over 200 square-feet cannot be located on the property within the required setbacks. The applicant has requested permission to construct the shed 10-feet from the rear property line;however,upon review by the Technical Review Committee it is recommended that the shed be located 10-feet from the top of the canal bank to prevent any damage due to washouts, etc., during extreme rainfall events. Land Use Compatibility:The addition of a shed on residential property is typical and consistent residential development.The proposed shed will not have any adverse effects on adjacent properties. Adequate Public Facilities:NA City of Edgewater Printed on 2/6/2020Page 1 of 2 powered by Legistar™ File #:VA-2001,Version:1 Comprehensive Plan Consistency:NA RECOMMENDED ACTION Motion to approve VA-2001; allowing a shed to be located 10-feet from the top of the canal bank. City of Edgewater Printed on 2/6/2020Page 2 of 2 powered by Legistar™ Lincoln RdParkwood Ln E Indian River Blvd Virg inia St S Ri v e r s i d e Dr S R i d g e w o o d A v e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community . Date: 1/3/202 0 Su bject Prope rty Lincoln RdParkwood Ln E Indian River Blvd Virg inia St S Ri v e r s i d e Dr S R i d g e w o o d A v e . Su bject Prope rty Date: 1/3/202 0