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HomeMy WebLinkAbout1982 05 11 City Commission Regular Minutes -,'lI"'~'.;",~~,""" """~'7';'~,?,'~7'..-..:",. ~','~!'~M~,~'::7?" 1981-82 - 17 t ',I .... . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MAY 11, 1982 The Regular Meeting of the City Commission was called to order by Mayor Troy Piland. The invocation was given by City Manager Richard Rozansky. The pledge of allegiance to the flag was led by Deputy Mayor John Torcaso. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher, present Maureen Boyd, present Motion was made by Commissioner Trencher, seconded by Commission Adkins to approve the minutes of April 27, 1982. Discussion.Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Motion was made by Commissioner Hartman, seconded by Commissioner Torcaso to approve the minutes of the Special Meeting of May 4, 1982. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Public Input: Commissioner Hartman was congratulated on the birth of his daughter on May 8, 1982. . John Hatfield, Ermine Avenue, member of the citizens committee to review the zoning ordinances, asked for some input from the Commission as to whether or not they should continue their review. Commissioner Adkins asked that the Committee give their recommendations to the Commission the first meeting in June, June 8, 1982. Mrs. Helen Powell, Hacienda Village, spoke in reference to putting convenience stores and gas pumps in C-2 zoning. Mr. Mike Moss, Mosswood Apts. spoke in reference to the proposed convenience store on Moss Road. Public Hearing -to consider an appeal from the Board of Adjustment decision to deny the request of Gary Hunt for Special Exception to operate a grocery store with sale of gasoline in zone C-2, on South Moss Road south of Mosswood Apartments. Mayor Piland recessed the Commission Meeting in order for persons wishing to speak to the appeal to be sworn in by the City Clerk, and sign their names. Mayor Piland explained the procedure that would be followed. Mr. Hunt would be given an opportunity to address the Commission, then the people who have signed up would be able to give their testimony. Then Mr. Hunt would have an opportunity to speak again after all the testimony is heard. . Mayor Piland recessed the Commission Meeting and convened the Public Hearing for purposes of hearing the appeal from the Board of Adjustment decision. Mr. Hunt asked that his letter of appeal be read into the record. The City Planner read the letter. The Honorable Troy Piland, Mayor, City of Winter Springs, 400 N. Edgemon Dr., Winter Springs, Fl. Subject: Appeal to the decision of the Board of Adjustments Meeting of March 04, 1982, Dear Mr. Mayor: At the Board of Adjustments meeting of March 4, 1982, our application for Special Exception to construct a convenience store with the sale . . . ~ . Reg. Meeting, City Commission, May 11, 1982 Page 2 1981-82-17 of gasoline on the property located at 201 S. Moss Road was denied. This letter is an appeal to that decision for the reasons that follow. The property is currently zoned C-2. To our knowledge, it has never been zoned otherwise, and is consistant with zoning regulations and comprehensive plan. C-2 usage allows for many uses, including the following: drug stores, gift shops, book stores, churches, schools, child care centers, liquor stores, taverns and cocktail lounges, paint stores, "any other retail store...that...is consistant with those included above", private clubs, professional and business offices, restaurants, clothing stores, machine shops, foundaries and sheet metal shops. The application was submitted based upon the fact that the use proposed is consistent with those mentioned above, and, in fact, is quite desirable to many of them. It is interesting to note that the City Zoning Regulations make no provision for the sale of unprepared food, a true necessity to existence, as opposed to the "luxuries" authorized by the Code. During the course of the meeting of March 4, various "objections" were presented. We would like to rebut those objections in the approximate order that they were then presented. 1. The "impact" should be taken into consideration.---The impact of a small retail establishment into an area that currently contains churches, high density residential, and a proposed Planned Unit Development that would house more than 2500 people must be considered minimal in nature, especially when compared to uses currently allowed by Zoning Regulations. 2. The proposed use would generate additional traffic.---The generating factors on South Moss Road include a church, a 148 unit apartment complex, access to a 190 acre, high density, residential area, a dog racing track and a series of signs which direct traffic from Semino1a Boulevard to S.R.434, via South Moss Road (a Casselberry trucking company is currently using Moss Road as a main haul route). South Moss is also used by many local residents to travel to S.R. 434 to satisfy shopping needs at existing con- venience-grocery stores and fueling facilities. It is note-worthy that a convenience store at this site would reduce certain traffic travel distances by nearly one mile (round trip) to purchase daily needs. This use would also provide safe access to a convenience store to children who currently walk along and cross S.R. 434 on their quest for candy and soda-pop. This location would not generate traffic from S.R. 434 to Moss Road. Generally it would serve local through traffic, local residences and would, in fact, reduce traffic problems at the intersection of S.R. 434 and Moss Road, and possibly even reduce traffic at Edgemon and S.R. 434.This, surely, would be of future benefit, since Moss Road is designed as a Boulevard (80 foot Right-of-Way) and will soon be continued North to S.R. 419. 3. There is no need for another convenience storeT--Current1y, along S.R. 434, and within about 1.4 miles, there are six (6) convenience-grocery stores. Their average distance apart is 1440 feet, just over 1/4 mile, they are as near as 800 feet apart and as far as 2000 feet apart (see attached Exhibit). This proposed store is nearly 1/2 mile from the nearest convenience-grocery store. It is also nearly 1/2 mile nearer to a large proportion of existing residential units than any other store. In fact, a market study indicates that nearly 800 residences were closer to this site than any other convenience-grocery store. This is about 2500 residents of our City, and does not include the "Ranchlands". This study was done in August, 1981. 4. "Loitering and Crime" will be increased by this use.---As was pointed out at the Board of Adjustments meeting, burglaries of homes and of the North Orlando Market (3 times in 4 weeks) is on the increase in this country. Proper precautions are a safeguard against this particular problem, however, to state that this store would "in- " . Reg. Meeting, City Commission, May 11, 1982 Page 3 1981-82-17 . crease" crime, is absurd. Without proper safeguards, it might "transfer" some crime from another site to this one. This, however, is of concern to any merchant and his insurance company, and to refuse commerce because of "potential" burglaries is not a realistic approach to solve the problem. Only the complete cooperation with local law enforcement agencies can help to apprehend criminals and reduce crime. This we would surely pursue. In regard to Loitering, the 190 acre area zoned PUD is currently a natural wooded area that induces "loitering". "Younger people" loitering in front of a retail est- ablishment is a deterrent to business. Whether it be tolerated by the merchant, or not, is his concern, and responsibility. Consider, however, that he does not "create" the loitering, only provide, if he does, a place for it to occur. The true cause of loitering is the lack of responsibility on the part of the parent, and, to attempt to transfer this responsibility to the merchant is an absurd attempt to transfer that responsibility to an innocent party that has no control over the attitudes and habits of the youth. In conclusion, we would like to point out that this request:a). does not constitute a rezoning of the property;b)does not create a hardship for any of the adjacent property.c)it is a use listed (or implied) in Sec. 44.47 of the zoning regula- tions.d)it will not create a hazard or threat to the health, safety and welfare of the community.e)will generally comply with the character of the neighborhood. f) and is in harmony with the intent of the zoning ordinances. The above being the require- ments to authorize special exceptions (Section 44.21, (1) b.). Lacking sufficient proof that the above statements are incorrect, it would seem that all of the criteria necessary for the approval of the Special Exception has been met. . Further, in reference to Sec. 44.21 (1) c (IV), "that literal interpretation of the prov1s1ons of the ordinance would deprive the applicant of rights commonly en- joyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary hardship on the applicant". We therefore, humbly, request that you reverse the previous decision of the Board of Adjustments.Respectfully Submitted, Gary D. Hunt, PLS, (Signed) President. (End of letter). Mr. Hunt said he is appealing this decision because it is unfair, and that he bought the property with the purpose of eventually having a commercial use. He again requested the Commission to over-rule the decision of the Board of Adjustment and allow him the Special Exception. The following persons, who were sworn, spoke against the appeal: John Makowski, Hac~enda Village; Dudley Covington, Hacienda Village, Leanne Grove, Alton Road, James Kelly, N. Alderwood Street, Maurice Brown,Alderwood St., Larry Pellerin, Moss Road, Al Bessessen, Moss Road, Mary Martin, Sailfish Road, James Dasher, Galloway Court; Loretta Dasher, Galloway Court; Mike Moss, Moss Road; Ida DeWitt, Hacienda Village; Vicki Hall, Moss Road; Marta Garam Maitland; Wilfred Arnold, Tuscawilla; Ralph DeWitt, Hacienda Village. Gary Hunt spoke for the appeal. Mr. Hunt said there was one use that was allowed for that property that would give him a reason- able return on his property and that would be a bar. The City Planner said the citizens have re-stated the concern of altering the character of the neighborhood by adding an active commercial facility. . Mayor Piland closed the public hearing and reconvened the Commission Meeting. . .s....~'!">; ;::;,;":~'r.:;":':Y:<~:':7' V'.:,"~'1!:"~~.,_ " . Reg. Meeting, City Commission, May 11, 1982 Page 4 1981-82-17 . Motion was made by Commissioner Torcaso that we uphold the Board of Adjustment decision to deny the application. Seconded by Commissioner Boyd. Discussion. In discussion Commissioner Torcaso said in his opinion it will create a hazard or threat to the health, safety and welfare of the community. Commissioner Trencher said in discussion that this City Commission has put up the stop sign - no more convenience stores, there's no need and no want for these stores; we are not going to disturb any further the tranquility and aesthetic values that our residents desire. Commissioner Trencher also said he did not appreciate the implied intimidation of his last statement. Commissioner Trencher said Mr. Hunt has the right to put in a bar, but if he wishes to contribute to the moral decay of the society of people in Winter Springs, then he must bear the consequences. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Public Hearing for Ord. No. 261, amending the 1981-82 Budget, etc.: Mayor Piland recessed the Commission Meeting and convened the public hearing for purposes of having discussion on the proposed revised 1981-82 Budget and for public input on Federal Revenue Sharing Funds. Manager Rozansky discussed the changes in the Federal Revenue Sharing Funds( purchase of a van for the Fire Dept., 4,800 to be moved to the Recreation Dept from year end reserve and $2,000 for equipment for the Police Dept.). Mr. Bill Jacobs, S. Edgemon Ave. and Mr. Dave Dearolph, Tuscawilla, spoke in discussion. . In the general budget, Manager Rozansky reported that the revenues have been re- adjusted that were covered in the Workshops. The majority of the money that was left was placed in General Government in a Capital Reserve Account. The remainder was used to increase utilities expense, postage, adjust salaries, telephone and other miscellaneous adjustments. Mr. Wilfred Arnold, Winged Foot Circle, Ben Kaplan, Burgos Road, William Jacobs, S. Edgemon Ave., Art Harris, Sable Court and John Makowski, Hacienda Village all spoke in discussion. Mayor Piland closed the public hearing and reconvened the Commission Meeting. Attorney Cook read the second reading of Ord. No. 261 by title only. Motion was made by Commissioner Trencher to adopt Ord. 261, amending the 1981-82 Budget. Seconded by Commissioner Boyd. Discussion. In discussion, Commissioner Trencher noted for the record, that the Commission did not approve an increase in their expenses, they just approved additional funds. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. . Planning & Zoning Board Recommendations of May 5, 1982: 1. Preliminary Plan for Highlands Sec. 3, Tracts D and E-Loch Glen Apts: The City Planner explained that that area is designated for multi-family. They are going to put in 128 multi-family dwellings. The units close to Sheoah will be two story townhouses; the rest will be single story and their density 8.5 units per acre. The project would be rented for the first five years. After that they will have the option to convert to condominiums. The engineer had some reservations, however, the applicant and his engineer are aware of these concerns and this will be addressed with final engineering. The developer is working with the owner of the golf course and the Commission received a letter today from the golf course stating they concur with this design. We recommend the project for approval. ~..'.,. .--""'-'----'E'7lr--~--- -- - ~-- "-"-""-"~~.''J:''!.-li\~ . , . Regular Meeting, City Commission, May 11, 1982 Page 5, 1981-82-17 Motion was made by Commissioner Torcaso to approve the preliminary plan for Loch Glen Apartments (Highlands Sec. 3, Tracts D and E) subject to City Engineer's memo of April 26, 1982 and Staff Review of May 3, 1982. Seconded by Commissioner Boyd. Discussion. In discussion Commissioner Trencher said he was concerned about two things because this will be the first large rental complex in the Highlands. Items 3 and 4 of the May 3rd memo make provisions for buffering between Sheoah Boulevard and the dwelling units as well as the developer providing documentation for resident management, maintenance, etc. Because of the nature of this project Commissioner Trencher said he would prefer to have this documentation before him ahead of time before he votes approval for this. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye-only that these additional requests be included in the final plan; Commissioner Boyd, aye; motion carried. . Preliminary Plan for Foxmoor Unit 4: The City'Planner explained that this will complete the subdivision with another 65 single family homes. Also, the park is included as approved in concept by the Commission. The Engineer has found the preliminary plan for the development satisfactory. There are a couple questions raised regarding a 4ispute between land- owners that we required that the City be kept advised on rather than take a position on either side. One condition that we have added is that since Casselberry's Public Works compound is in this site that the developer add a site screen buffer along the northern boundary. Since the park plan was presented we have some further information on the portion that is actually used for drainage retention for the housing units and roads and that comes to approximately six acres leaving 32 acres of the park, some of that is somewhat wet being a natural drainage area from Casselberry on up to Gee Creek. We have recommended a condition that with the final plans presented for Foxmoor 4 they include the basic engineering for the park as well, the grading, the utility location, so that we may have plans of those and we suggested that they might do some additional site work, swaling to try to dry up an additional area of the park that is not presently included in the ballfield area so that when the time comes when we need more ball fields they will be easier for us to develop them. Motion was made by Commissioner Torcaso to adopt the preliminary plan for Foxmoor Unit 4 subject to the provisos of the May 7, 1982 letter from the City Planner to the City Manager. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Final Engineering of Southern Bell Automated Facility on Northern Way: Staff recommended approval. Motion was made by Commissioner Boyd to approve the final engineering of Southern Bell installation. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. . Conceptual approval of Replatting Garden Club Apartments as Fee-simple units: The City Planner explained that Garden Club exists as 10 lots. The developer, builder wishes the option to sell them as fee simple. He is asking for conceptual approval based on the documents you have, the individual ownership of the land and the common areas governed by the deed restrictions. We are recommending that you give them conceptual approval so he can in confidence start building with the knowledge that you will approve appropriate plats when he can draw them. The City Attorney reviewed the documents ; he only had one qualm, and they will add a section creating the ,,~, --:-~~~"jl"7J~t':"";,~7111k~ . Regular Meeting, City Commission, May 11, 1982 Page 6, 1981-82-17 . homeowners association. We recommend approval in concept, then each plat will be drawn and presented individually. Motion was made by Commissioner Boyd that we formally grant the conceptual approval of replatting Garden Club Apartments. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Resolution No. 382, vacating, abandoning, and closing a drainage easement; (Lake Audubon outfall). Jacqueline Koch, City Planner, explained the initial easement was drawn up before the outfall was actually constructed and the as-built plans show that it was mis-located. We have now received a replacement easement and an access easement and title to the ownership of the weir structure itself. We recommend that the previous incorrect easement at the outfall be vacated. Motion was made by Commissioner Torcaso to adopt Resolution No. 382. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. . Resolution No. 386 vacating, abandoning and closing the drainage and utility easements over the easterly 15 feet of both of Lot 8 and northerly 4 feet of Lot 9, Highlands Sec. 2, etc. : Motion was made by Commissioner Trencher to adopt Resolution No. 386. Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. Attorney Cook was asked to look into the abandonment of the rest of the easement, if that would be possible and ~port back next meeting. First Reading of Ord. No. 262 rezoning certain lands, etc. Motion was made by Commissioner Trencher, seconded by Commissioner Adkins to have the first reading of Ord. No. 262 by title only. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Attorney Cook read the first reading of Ord. No. 262, rezoning certain lands by title only. First Reading of Ord. No. 263 to extend its territorial and municipal limits to annex the hereinafter described land situate and being in Seminole County, etc.: Attorney Cook read the first reading of Ord. No. 263 in its entirety. City Manager - Richard Rozansky: Reports: Manager Rozansky reported that Clean Up Week has been completed. There were approximately 71 calls, 23 large truck loads and 8 pick-up loads. . In reference to street lights on Winter Springs Boulevard, Manager Rozansky will give a report to the Commission by the next meeting. ~c-<<<;:,",.. . _. ."".,,,,~,!,,"...,~:,.~.,. ~---C~.~.~.T'.,_.~.._.. --... -'- ~-,._,-_._.. '~"-'~~-~'""-'----'.""--"""'-"---''i~~~"",,,:~~~,.<=- . . .. Regular Meeting, City Commissioner, May 11, 1982 Page 7 1981-82-17 . This week-end' the City will start to utilize the alternative community services program. The letter has been sent to the Seminole County Tax Collector in reference to our assessments on North Orlando Ranches Sec. 2 & 2A and North & South Edgemon Avenues. Manager Rozansky said he would like to have the liaibility insurance bid on a fiscal year. Mayor Piland suggested that Mr. Sittig be contacted to see if this could be done. Manager Rozansky said he would be providing a monthly calendar to the Commission. There was discussion of the mosquito spraying program. Commission Seat I - Jim Hartman: No report. Commission Seat II - Buck Adkins: No report. Commission Seat III - Martin Trencher: Commissioner Trencher apologized for his absence at last week's meeting. Commission Seat IV - Maureen Boyd: No report. Commission Seat V - John Torcaso: . Commissioner Torcaso said he was still looking for a volunteer recreation director. Mayor's Office: The City Planner reported there will be a public hearing held by the Planning & Zoning Board on May 19th for input into the comprehensive plan. Meeting was adjourned 10:20 p. m. Respectfully submitted, ~7~ Mary T. Norton, City Clerk Approved: .-.~~1 .~ . /, I: