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Home My WebLink About2002 02 11 Public Hearings D First Reading - Ordinance 2002-01 Future Land Use Map COMMISSION AGENDA ITEM D Consent Informational Public Hearing Regular x February 11,2002 Meeting Mgr. 1 Attor 1 Authorization REQUEST: The Community Development Department requests the City Commission conduct a public hearing for the first reading of Ordinance 2002-01 that would assign a Future Land Use Map (FLUM) designation of (City of Winter Springs) "Industrial" to the properties totaling 6.5 acres, located north and south of Nursery Road and adjacent to U.S. Highway 17/92. PURPOSE: The purpose ofthis Agenda Item is to request the Commission hold a public hearing for first reading of Ordinance 2002-01 to assign a City of Winter Springs FLUM designation of "Industrial" to the subject properties. APPLICABLE LAW AND PUBLIC POLICY: Applicable law includes Chapter 163.3187 of the Florida Statutes, which states "Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the following conditions... .The proposed amendment involves a use of 10 acres or fewer and the cumulative annual effect of the acreage for all small scale development amendments adopted by the local government shall not exceed." CDD/January 31, 2002/10:38 AM February 11,2002 PUBLIC HEARING AGENDA ITEM D Page 2 CONSIDERATIONS: . The subject properties were annexed into the City on January 22, 2001 and were never assigned City FLUM designations. · The applicant intends to later develop the properties for industrial uses and the character of the U.S. Highway 17/92 in and around the subject properties is characterized by commercial and industrial uses. FINDINGS: 1. The proposed FLUM designation of "Industrial" would be compatible with the industrial character of adjacent development along the U.S. Highway 17/92 corridor. 2. At the expense of the developer, the City is willing to extend sewer, water and other utilities to the subject properties when future development occurs. 3. The Planning and Zoning Board, at its March 7, 2001 meeting, recommended approval of the proposed change to the City's FLUM designation of "Industrial". FISCAL IMPACT: None. IMPLEMENTATION SCHEDULE: Should the City Commission approve first reading, a public hearing for the second reading and adoption of Ordinance 2002-01 would be held on February 25,2002. PLANNING AND ZONING BOARD RECOMMENDATION: The following motion was made by Vice Chairman Fernandez: "BASED UPON THE TESTIMONY RENDERED HERE THIS EVENING, THE STAFF'S FINDINGS....AND FURTHER BASED UPON THE APPLICANT'S VERBAL AGREEMENT TO PUT COVENANTS, CONDITIONS, OR RESTRICTIONS ON THE PROPERTY THAT IT NOT BE USED AS AN ADULT ENTERTAINMENT ESTABLISHMENT. BASED ON THAT I WILL RECOMMEND TO THE CITY COMMISSION THAT THEY APPROVE MR. REECE'S REQUEST FOR A CHANGE OF COUNTY FUTURE LAND USE DESIGNATION OF 'COMMERCIAL' 'INDUSTRIAL', AND 'LOW DENSITY RESIDENTIAL' TO THE CITY'S FLUM (FUTURE LAND USE MAP) DESIGNATION OF 'INDUSTRIAL' ON THAT 6.5 ACRE P ARCEL LOCATED IN AND AROUND THAT NORTH EAST CORNER OF U.S. 17-92 AND NURSERY ROAD, COD/January 31,2002/10:38 AM February 11, 2002 PUBLIC HEARING AGENDA ITEM D Page 3 SPECIFICALLY CONDITIONED ON THE PROPERTY RECEIVING CERTAIN DEED RESTRICTIONS AS TO THE PROHIBITION TO ADULT ENTERTAINMENT ON IT." SECONDED BY MEMBER BOARD GREGORY. DISCUSSION. VOTE: BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. STAFF RECOMMENDATION: Staff recommends that the City Commission conduct a public hearing for the first reading of Ordinance 2002-01 to change the FLUM designation of the subject properties from (Seminole County) "Commercial, Industrial and Low-Density Residential" to (City of Winter Springs) "Industrial", incorporating the City staff and the Planning and Zoning Board findings as the basis for the adoption of the small-scale amendment. ATTACHMENTS: A. Ordinance 2002-01 (will be available at the meeting) B. Planning & Zoning Board Minutes (March 7, 2001) C. Map of Subject Property COMMISSION ACTION: CDD/January 31, 2002/10:55 AM ATTACHMENT A ORDINANCE NO. 2002-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY 17/92, LEGALLY DESCRIBED ON EXHIBIT AA@ ATTACHED HERETO AND FULLY INCORPORA TED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) ACOMMERCIAL, INDUSTRIAL AND LOW-DENSITY RESIDENTIAL@ TO (CITY OF WINTER SPRINGS) AlNDUSTRIAL@; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on March 7,2001, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and City of Winter Springs Ordinance No. 2002-01 Page 1 of 4 WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs= Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs= Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit 1 as Seminole County ACommerical, Industrial and Low-Density Residential@ to City of Winter Springs Alndustrial@. Exhibit 1 is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. City of Winter Springs Ordinance No. 2002-01 Page 2 of 4 Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effecti ve date of the Comprehensive Plan Amendment adopted by this Ordinance, said Agreement shall be incorporated into the City of Winter Springs= Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3187(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs= Comprehensive Plan and become a part of that plan and City of Winter Springs Ordinance No. 2002-01 Page 3 of 4 the Amendments shall have the legal status of the City of Winter Springs= Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Flortda, in a regular meeting assembled on the _ day of ,2002. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attomey First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2002-01 Page 4 of 4 <'\ J )) ., \ ov[f?AtL u[f[S ANO 80UNCS DCSG?/PTJOI'J BEGIN AT TH[ NORTHW!:.S! COR.':[.'? D.' i...C:- i 9. fN,ZINCEP. FARMS ADOlnON NO. J. AS RECORDED IN PLAT 6. .PAGE "27. PU8L1C RECORDS OF SEIA!NOlE COUN~'FLORIDA: THENCE NB4'09'J8- E ALONG [HE NORTHERLY LINE: OF SA1D' LOT 19 A DiSTANCE or 92J.56 FEU TO IH[ sc~'r:I[';ST CORi'i[R or tOT 9. W1LlPMSON H[JCi-iTS. AS RF;,fORDED '3>- . IN PlAT BOOK I Z,. PAG;: J6. PUBUC RECORDS OF SEMINOLE: COUNTY. FLORiDA: 'TFlENCE SOS-51'J4~W ALONG THe. WEST UNE or LOTS 10, II. 12. IJ AND 14 OF SAID . WIU.AMSON H[lGHTS A DISTANCE or J 18.86 FEeT TO THE SOUTHWEST CORNER OF SAID LOT 14 AND THE NORTH[RL Y RIGHT OF WAY LINE OF NURSERY ROAD: . THENCE S84'06'J4~W ALONG SAID NORTH[RL Y RIGHT OF WAY LINE A DISTANCE OF 92J.6J FEEr TO THE SOUfHWEST CORNER or SAID LOT 19 AND TO THE EASTERLY ,c?fGHT OF WAY LINE OF U.S. 17f92: n-j~NC[ N05"50'JO-[ ALeNG SAID [ASTERL Y RIGHT or WAY LINE A 01$ iANCE or J J 9. 68 ~ [[I TQ n-f[ POINT OF BeGINNING. CONTAINS 2887J4 50UJ:.,~r ;:'[C; :JR c.62B4 ACqrS uORE 'JR t[SS. B[CIN AT THE NORTHWEST .CORNER or LOT '. BLOCK D. TALMO SUBOIVlS10N. i'\S RECORDED IN PLAf BOOK 9, PACE 10. PuBLIC R[CORDS OF SEMINOtE COUN TY. FLORIDA: RUN THENCE NB4-06'J.{~[ ALONG {/If- SOU7/1[RU' RIGIlT or w'"' Y LlN[ or NuRSERY ROAD A DiSTANCE OF -108.67 FEET TO TH[ NORTHEAST CORNER at lOT r 2. BLOCK D. SA.1O fAlMO SUBONISION ~ND TO TI--l[ wt:ST[RL Y R/O.lT OF WAY L1N[ OF TAlMO STREET: THENC[ 505. J9'A46~W ALONe SAW WeSTERLY RIGHT OF WAY LINE A DISTANC[ OF 100.69 FEET TO THf. SOUTHEAST CORNER OF ~D lOT 12, 8LOC/< 0: TJ-Iu....C[ S84'09'12-w A1..DNC THE suu/HiNlY lIN[ OF $AID lOTS I,AND 12. BLOO< O. A DISTANce or 409.02 Feu TO THe SOUTHWESI COHNLH OJ SAW LUI I, BLOCK 0 AND THE [ASTERL Y RIGHT OF WAY L1N[ or RIDGE SfR[[f: THENCE N05"5J"17-[ ALONG S.AiD [ASTERlY RlGI.1T or WilY lIN[ ;\ DISTANC[ or IOO.1G rE[l [() rUt pnlN T OF B[GINNING. ," U)N //\IN:; ~OJ. i {. SOU,AJi[ r[ [r Of,' (). 92 .qj /\CfI/'; I.ION( ()r( l[S5 I .0 \ 11 fLOR1DA. A Vf-. I 0 -.-1:::'- .. \ ~ ____.. C 1'1'\' ~: Oli' .......... ..".... .... ...,., .,..,..... I \ .0 I' \,ylN' . IEH I =, { - ~. ~I -' ~? 1 --r Q o o ;S .0 2: o ~ fr. o >-< h tJ :; . I . 0: 1 jl i I: .l: ',1" JI : .Ii: !-: ..1. ':1= )0 d , j) -!~ SPR.IN Gs o , , - . 1 , , 0 . ~ (1 1 1\'-" I ) . C . S:> Ill." . ...:::,.0 ;0/" -; ,~ 9- ~~-<t ~~ O~ "t.J. r rJ ~ c> \ 1\ ( 1'1' \: () I" I.Of"!(;W()()!J ATTACHMENT B CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING MARCH 7, 2001 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, March 7, 2001, at 7:02 p.m. by Chairperson Roseanne Karr in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Chairperson Rosanne Karr, present Vice Chairman Bill Fernandez, present Board Member Tom Brown, absent Board Member Brent Gregory, present Board Member Carl Stephens, Jr., absent Also Present Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator Mr. Terry Zaudtke, CPH Engineers, Inc., Consultant Approval Of The February 7, 2001 Regular Meeting of the Planning And Zoning BoardILocal Planning Agency Minutes MOTION BY VICE CHAIRPERSON FERNANDEZ. "MADAM CHAIR, I RECEIVED THE MINUTES OF THE FEBRUARY 7, 2001 MEETING THAT WERE CIRCULATED BY MAIL. I HAD AN OPPORTUNITY TO REVIEW THOSE IN ADVANCE OF THIS MEETING AND ALTHOUGH THEY DID NOT VERBATIM TRANSCRIBE TAPE TWO (2), I DID NOT FIND ANY MODIFICATIONS, CORRECTIONS OR OTHER NECESSARY CHANGES AND WOULD AT THIS TIME MOVE THAT THE FEBRUARY 7, 2001 MINUTES BE ADOPTED AS CIRCULATED." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. The Board discussed amending the Agenda to include the approval of the Minutes. Vice Chairperson Fernandez stated "It is a Regular Meeting?" Mr. Thomas Grimms AICP, Comprehensive Planning Coordinator replied, "It is a Regular meeting for Planning and Zoning, yes." Vice Chairman Fernandez stated, "Right so I think we could go ahead and approve them. It certainly wouldn't hurt anything and it asserts housekeeping to affirm for the record action taken last February 7th." "Mr. Grimms said" I was just informed it really only takes a simple action of amending the Agenda by majority vote and you can consider as Board Members and approve the Minutes." CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2001 PAGE 2 OF 11 MOTION BY VICE CHAIRMAN FERNANDEZ. "WE NEED TO VOTE ON AMENDING THE AGENDA TO INCLUDE THAT, WHICH I WILL MOVE." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. CHAIRPERSON KARR CALLED FOR THE VOTE OF THE MINUTES. THE BOARD AGREED TO THE MOTION BY CONSENSUS. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER AS DISCUSSED. .:. .:. II. REGULAR AGENDA Mr. Grimms request that Agenda Item "H" be moved forward for first consideration. Chairperson Karr stated, "So we will move Agenda Item "H" to the top of the list." H. City Comprehensive Plan Amendment To The Traffic Circulation Element Substitution City's Transportation Study For All Text And Maps In Volume I And II. (LS-CPA-6-00) Mr. Grimri1s spoke of the request; the Purpose; and he read the Staffs Recommendation. Mr. Terry Zzaudtke, CPH Engineers, Inc: spoke of the recommendations of the Department of Community Affairs; figures to be revised; that State Road 419 is beyond it's capacity; State Road 434's capacity; turn lanes being added along State Road 419; the level of service; and the ORC (Objections, Recommendation and Comments) Report. Mr. Grimms read the Findings at the request ofthe Board. The Board discussed that the Item is a Large Scale Plan Amendment; the schedule for submitting Large Scale Plan Amendments; and whether there were any public comments. MOTION BY BOARD MEMBER GREGORY. "I WILL MOVE THE STAFF'S RECOMMENDATION." SECONDED BY VICE CHAIRMAN FERNANDEZ. Vice Chairman Fernandez asked, "Mr. Grimms, do we need a specific findings of fact for this particular matter since it is a Large Scale?" Mr. Grimrns replied "Yes, I provided you with the findings of fact, you can just reference per the staff report and the response of the ORC Report by Conklin, Porter, Holmes Engineering, Inc." CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7.2001 PAGE30FII AMENDMENT TO THE MOTION. VICE CHAIRMAN FERNANDEZ STATED "WOULD THE MAKER ACCEPT AN AMENDMENT TO INCLUDE THE FINDINGS, AND STAFF'S RECOMMENDATION AND THE CONKLIN, PORTER, AND HOLMES ATTACHMENT, THE RESPONSE TO THE ORC REPORT." BOARD MEMBER GREGORY STATED, "AND THE CORRECTION, YES." DISCUSSION. VOTE (ON THE AMENDMENT): VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY: AYE MOTION CARRIED. VOTE (ON THE MAIN MOTION) CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY : AYE VICE CHAIRMAN FERNANDEZ: AYE MOTION CARRIED. A. Reece Property Small Scale Plan Amendment (SS-CPA-2-2001) Mr. Grimms introduced the Item and read the Findings. He spoke of the concerns that a "good portion" of the property could be used as an adult entertainment facility. Discussion ensued regarding whether "the City has a moratorium regarding the location of adult entertainment facilities"; the location of the property; the distance an adult entertainment facility must be from a resident's property; "whether there is a need to expedite this particular Agenda Item tonight"; and land east of the property. Mr, Phil Reece, 561 Virginia Drive, Winter Park, Florida: spoke of not knowing that an adult entertainment facility could be on his property; and the property current use as industrial. Mr. Reece advised those in attendance, "If there is some way we can eliminate adult entertainment operations on this property - I certainly would be more than glad to do that. I have no intention of using this property for that, it's all to be commercial installation. " Mr. Grimms spoke of the industrial zoning classification. The Board discussed restrictions on the deed; potential future annexations with Industrial Zoning; and whether future plans will be coming before the Board. Mr. Grimms read Section 10-59. of the City Code. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2001 PAGE40FII Mr. Rick Labinsky, Engineer: spoke of the distance between the property and the nearest residential property line. Tape I/Side B Discussion continued. MOTION BY VICE CHAIRMAN FERNANDEZ. "BASED UPON THE TESTIMONY RENDERED HERE THIS EVENING, THE STAFF'S FINDINGS AS OUTLINED IN ROMAN NUMERAL FOUR (IV), ONE (1) THROUGH FIVE (5) ON PAGE NINE (9) OF TEN (10) OF THE REPORT SUBMITTED TO US, AND FURTHER BASED UPON THE APPLICANT'S VERBAL AGREEMENT TO PUT COVENANTS, CONDITIONS, OR RESTRICTIONS ON THE PROPERTY THAT IT NOT BE USED AS AN ADULT ENTERTAINMENT ESTABLISHMENT. BASED ON THAT I WILL RECOMMEND TO THE CITY COMMISSION THAT THEY APPROVE MR. REECE'S REQUEST FOR A CHANGE OF COUNTY FUTURE LAND USE DESIGNATION OF 'COMMERCIAL' 'INDUSTRIAL', AND 'LOW DENSITY RESIDENTIAL' TO THE CITY'S FLUM (FUTURE LAND USE MAP) DESIGNATION OF 'INDUSTRIAL' ON THAT 6.5 ACRE PARCEL LOCATED IN AND AROUND THAT NORTH EAST CORNER OF U.S. 17-92 AND NURSERY ROAD, SPECIFICALLY CONDITIONED ON THE PROPERTY RECEIVING CERTAIN DEED RESTRICTIONS AS TO THE PROHIBITION TO ADULT ENTERTAINMENT ON IT." SECONDED BY MEMBER BOARD GREGORY. DISCUSSION. VOTE: BOARD MEMBER GREGORY : AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. B. Reece Property Rezoning (REZ-2-2001) Mr. Grimms read the justification for rezoning; and Staffs Recommendation. MOTION BY VICE CHAIRMAN FERNANDEZ. "I'LL MAKE THE SAME MOTION AS I PREVIOUSLY DID WITH THE 'FLUM' AS IT RELATES TO THE ZONING. THAT IS TO WIT TO RECOMMEND THAT THE CITY COMMISSION APPROVE THE ZONING MAP DESIGNATION ON THAT 6.5 ACRE REECE PROPERTY FROM COUNTY C-2, 3 & R-1-A TO C-2 'GENERAL COMMERCIAL & INDUSTRIAL' ON THE CITY'S ZONING MAP, AGAIN SUBJECT TO THE APPLICANT PUTTING CERTAIN DEED RESTRICTIONS ON THIS PROPERTY THAT IT NOT BE USED FOR ADULT CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7,2001 PAGE50FII ENTERTAINMENT PURPOSES." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. VOTE: BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. C. Moss Road Area Multi-Family Plan Amendment (SS-EM-CPA-1-2001) Mr. Grimms spoke of the applicant's purpose; and that their representative was in the audience. VICE CHAIRMAN FERNANDEZ STATED, "WHILE SHE IS GETTING READY TO SPEAK - BY THE WAY I WANT THE RECORD OR THE MINUTES TO CLEARLY REFLECT ON THAT LAST MOTION - THAT I MADE THE SAME MOTION AS TO THE FUTURE LAND USE MAP TO WIT I INCORPORATED THE STAFF'S FINDINGS ON THE ZONING MATTER, ONE (1) THROUGH SIX (6) ON PAGE TEN (10) OF ELEVEN (11), THE SIX (6) FINDINGS THERE TO SUPPORT IN ADDITION TO THE TESTIMONY GIVEN, MY MOTION FOR THE CHANGE IN ZONING. DID YOU AGREE TO THAT MR. GREGORY? AND DID YOU VOTE FOR THAT MADAM CHAIR? OKAY, THAT'S WHY I SAID THE SAME MOTION AS BEFORE BUT I JUST WANT TO MAKE SURE ITS CLEAR." Vice Chairman Fernandez asked, "Why the Agenda Item is an emergency?" Ms, Candice Birle, Wyman Fields Foundation: spoke of the Moss Cove project; the partnership with the City; rehabilitating the single family units; the project costs; and the present zoning classification jeopardizing the closings of the units. The Board discussed if Ms. Birle had any paperwork from the bank requiring the zoning change; Ms. Birle's testimony; the effect on the surrounding properties; and the property lines. MOTION BY VICE CHAIRMAN FERNANDEZ. "I WOULD MAKE THE FOLLOWING RECOMMENDATION THAT CITY COMMISSION APPROVE THE REQUEST BY WYMAN FIELDS TO REDESIGNATE THE AREA UNDER CONSIDERATION AS R-3 'MULTI-FAMILY DWELLING' DISTRICT BASED UPON THE FINDINGS OF STAFF WHICH APPEAR TO START ON ROMAN NUMERAL FOUR (IV), ON PAGE NINE, THOSE THREE BULLETS POINTS AND SPECIFICALLY I WANT TO EMPHASIZE THAT AT LEAST I AM SATISFIED THAT THERE IS AN EMERGENCY THAT EXISTS. THAT WE CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7,2001 PAGE 6 OF II NEED TO ELIMINATE THE INHERENT DELAY ON SENDING IT UP TO THE DEPARTMENT OF COMMUNITY AFFAIRS, IT WOULD CAUSE IRREPARABLE HARM AND WE NEED TO ACT ON THIS MATTER AND WE STRONGL Y RECOMMEND 100% VOTE OF THE CITY COMMISSION." Mr. Grimms stated "Once again members of the Board, the Staff recommends that this Local Planning Agency recommend that City Commission approve the request by Wyman Fields and the City to redesignate the area under consideration as shown in Attachment "A" to 'Medium Density Residential' from 'Commercial' to 'Medium Density Residential' (6.6 to 9.0 dwellings per acre)." Vice Chairman Fernandez stated, "Alright, is this R-3 zoning?" Mr. Grimms replied, "No - it will be R-3 zoning." Vice Chairman Fernandez asked, "That's what we are recommending?" Mr. Grimms said, "You're recommending Future Land Use Map designation as 'Medium Residential'." VICE CHAIRMAN FERNANDEZ SAID, "GOTCHA, THAT'S MY MOTION." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE MOTION CARRIED. D. Moss Road Area Multi-Family Rezoning (REZ-3-2001) Vice Chairman stated "Now then Mr. Grimms, with the Chairman's blessings since we have already received the testimony, which we take to be true and we have your written findings on page eight (8) of nine (9) on the next Agenda Item and your continuation on page nine (9) of nine (9) with your Staff recommendation, now this time it is P&Z, right?" Mr. Grimms replied "This IS Planning and Zoning" and he read Staffs Recommendation. MOTION BY VICE CHAIRMAN FERNANDEZ. "I DO MAKE THAT MOTION BASED ON THE THOSE FINDINGS AND THE SPECIFIC FINDINGS THAT THERE IS AN EMERGENCY THAT WE NEED TO ADDRESS AND STRONGLY AGAIN RECOMMEND THAT IRREPARABLE HARM WILL DONE IF 100% OF THE CITY COMMISSION DOESN'T APPROVE THIS." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. VOTE: CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7,2001 PAGE 7 OF II CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE MOTION CARRIED. Chairperson Karr called for a recess at 8: 17 p. m. Chairperson Karr called the meeting back to order at 8:22 p.m. E. Morse Foundation Plan Amendment (LS-CPA-I-OO) Mr. Grimms spoke of the request; the Purpose; and read Staffs Recommendation. Mr. Scott Henderson, Henderson Planning Group, 112 South Lake Avenue, Orlando: as the representative for the Elizabeth Morse Foundation, he spoke of their support of the Staffs Findings and Recommendation; and gave his response to the ORe Report. The Board discussed the definition and criteria of the Greeneway Interchange District. Discussion. Tape 2/Side A The history of the property; and ownership of the land was next discussed. MOTION BY VICE CHAIRMAN FERNANDEZ. "AT THIS POINT I WILL RECOMMEND THAT THE CITY COMMISSION HOLD A SECOND ADOPTION HEARING - A PUBLIC HEARING AND ADOPT THIS LARGE SCALE COMPREHENSIVE PLAN AND IT'S DESIGNATED (LS-CPA-I-OO) INCORPORATING THE CITY STAFF, BASE IT ON THE FINDINGS ON TWO (2) OF FOUR (4) THE BULLET POINTS THERE, AND BASED ALSO ON THE TESTIMONY AND REPRESENTATIONS OF MR. SCOTT HENDERSON, THIS EVENING, AS IT RELATES TO OWNERSHIP AND THE OTHER REPRESENTATIONS HE HAS MADE, AND INCORPORATING THE STAFF AND THE LOCAL PLANNING AGENCY FINDING AND THEIR RESPONSE TO THE ORC REPORT (OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT) AND FOR ADOPTION OF THIS PARTICULAR PLAN. The Board discussed whether there had been any public response about the Agenda Item, and that there was none; parliamentarian procedure; and the public being able to respond at future Public Hearings. SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. VOTE: CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2001 PAGE80Fll BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSONKARR: AYE MOTION CARRIED. G. CHC Tuskawilla Road Site Mr. Grimms introduced the Agenda Item; and read Staff's Recommendation. The Board discussed the property's location; boundaries; and size with Ms. Bierly, representative. Discussion. MOTION BY BOARD MEMBER GREGORY. "BASED ON THE FINDINGS THEN I MOVE THE STAFF'S RECOMMENDATION." VICE CHAIRMAN FERNANDEZ SECONDED AND STATED, "YES AND AGAIN, I'M NOT SURE YOU WERE CLOSE ENOUGH TO THE MICROPHONE. HE DID SAY BASED ON THE FINDINGS AND OF THE STAFF RECOMMENDATIONS AS WELL AS I ASSUME MS. BIERLY'S PRESENTATION OR TESTIMONY. AND I'LL SECOND THAT WITH THE ADDITION OF THE FACT THAT - ALSO I AM TAKING INTO CONSIDERATION YOUR PREVIOUS PRESENTATIONS ON THIS PARTICULAR MATTER AND THE PUBLIC INPUT THAT WE HAD AT THAT TIME. AND AGAIN WITH THE UNDERSTANDING THAT TOWN CENTER IS SUPPOSE TO BE PEDESTRIAN FRIENDLY, THAT WILL ALLOW WALKWAYS, GREENEW A YS AND SO FORTH TO ACCESS THE OTHER PORTIONS OF THE TOWN CENTER, HICKORY PARK, AND SO FORTH, BE ABLE TO MAKE THEIR WAY ALL THE WAY UP TO LAKE JESUP AND SO FORTH AND AGAIN IT'S JUST A HEADS UP AS TO WHAT WE ARE GOING TO BE LOOKING FOR WHEN YOU COME IN WITH ANY DEVELOPMENT PLANS OR PRELIMINARY ENGINEERING OR WHAT HAVE YOU. WE DID HAVE THIS DISCUSSION BEFORE AND I TOLD YOU AT THAT TIME, AND I AM SIMPLY REMINDING YOU THAT WHEN I MAKE MY SECOND TO THIS I WILL BE LOOKING FOR THAT WHEN YOU COME BACK. DISCUSSION. VOTE: VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY: AYE MOTION CARRIED. F. Springs Land/Jessup Shores Plan Amendment Mr. Grimms spoke of the request; the location of the property; the Purpose; pedestrians having access to the Town Center; and he read the Findings and Staff's Recommendation. Discussion. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING- MARCH 7,2001 PAGE 90F II MOTION VICE CHAIRMAN FERNANDEZ. "MADAM CHAIR, I'M READY TO MOVE THAT BASED ON THE STAFF'S FINDINGS AS OUTLINED ON PAGES TWO (2) OF THREE (3), AND HAVING HAD NUMEROUS HEARINGS DISCUSSING THIS PARTICULAR, WELL THE TOWN CENTER, I SHOULD SAY, THAT I, AS A MEMBER OF THE LOCAL PLANNING AGENCY RECOMMEND THAT THE CITY COMMISSION HOLD A SECOND ADOPTION PUBLIC HEARING, ADOPT THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS-CPA-4-00) BASED ON THOSE FINDINGS WE JUST REFEREED TO AND ON THE ORIGINAL PLANNED AMENDMENT DATA INVENTORY AND ANALYSIS - MR. GRIMMS AS PART OF MY MOTION AND IT'S A REQUEST, NOW INFORMATION FROM YOU. WHEN THEY COME IN WITH THEIR PLANS CAN WE GET THEM TO DO SOME MORE LANDSCAPING OUT THERE ALONG 434 - I WANT OUR ENTRANCEWAY TO THE TOWN CENTER TO REALLY BE TREES, OR LANDSCAPING OR WHATEVER FDOT WILL ALLOW - THAT'S MY MOTION." SECONDED BY BOARD MEMBER GREGORY. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE MOTION CARRIED. I. Conservation & Resource Protection Mr. Grimms informed the Board that the City was the applicant; and read the Purpose, the Findings, and Staffs Recommendation. MOTION BY VICE FERNANDEZ. "BASED ON THE FINDINGS AS INDICATED ON PAGE TWO (2) OF THREE (3), THE PRESENTATION OF STAFF THIS EVENING, AS A MEMBER OF THE LOCAL PLANNING AGENCY I RECOMMEND THAT THE CITY HOLD A SECOND (ADOPTION) PUBLIC HEARING, ADOPT THIS PLAN (LG-CP A-4-00) TO INSURE NO DESTRUCTION OF VEGETATIVE COMMUNITIES, WILDLIFE AND WILDLIFE HABITAT OF THOSE SPECIES DESIGNATED AS ENDANGERED, THREATENED OR OF SPECIAL CONCERN, THE (LS-CPA-3-98) TO AMONG OTHER THINGS PROTECT HISTORICALL Y SIGNIFICANT CULTURAL AND ARCHAEOLOGICAL SITES FOR DEVELOP OR REDEVELOPMENT AND THAT THE (LS-CPA-4-98) TO COORDINATE THE TOWN CENTER WITH RESOURCE PROTECTION PLANS OF LOCAL, STATE AND FEDERAL JURISDICTIONS THAT MAY EXIST." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7,2001 PAGE 100F I I VOTE: BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. III. ACTION ITEMS Vice Chairman Fernandez stated "In so far as Minutes are concerned, I realize our by laws indicate three (3) days but Mr. Grimms did submit a Memorandum as to the tardiness of the package that we received however I - personally would appreciate receiving whatever part is ready to go at least three (3) days before the hearing and then if somebody comes in - an expert comes in late we can get that stuff later." He also requested the City to provide a Master Plan Map and a highlighter to the Board Members. Mr. Grimms stated he would highlight the packet maps and get the Board a copy of the Master Plan Map. Tape 2/Side B IV. FUTURE AGENDA ITEMS . EAR . Meeting With The Commission . FLUM Map On CD V. ADJOURNMENT Chairperson Karr adjourned the meeting at 9:30 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7.2001 PAGE II OF II APPRoVeD: ROSEANNE KARR, CHAIRPERSON PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY NOTE: These minutes were approved at the .2001 Planning And Zoning Board/Local Planning Agency Meeting. S:\City Clerk\Docs\ Word\BOARDS\PLANNING\aI1l\MINUTES\200 I \P&Z030701.doc ATTACHMENT C ,. /' I ~ I I I Map of Subject Properties ~ ~ I I I