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HomeMy WebLinkAbout_1998 02 23 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION FEBRUARY 23, 1998 The Regular Meeting of the City Commission was called to order by Deputy Mayor Cindy Gennell at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, arrived 10:50 p.m. Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, Jr., present David McLeod, present Manager McLemore announced agenda changes: Regular Agenda Add-On Items "I" and "1". Manager McLemore also stated that Fire Chief Tim Lallathin will give a Storm Damage Up-Date under the Informational Agenda. Approval of Minutes of February 9. 1998: Commissioner Gennell asked for more information regarding the discussion on the Medical Transport Fund and the inventory. Motioli was made by Commissioner Blake to approve the minutes of February 9, 1998 with the addition of the additional information discussed. Seconded by Commissioner Martinez. Discussion. Vote: All aye. Motion passes. II. PUBLIC INPUT Harold Scott, 911 Augusta National Blvd., spoke regarding the storm. Mr. Scott also had questions regarding legal advertising and notice of intent. Mr. Scott's time expired and left the questions with the Clerk to have the City Manager answer them at a later date. Tom O'Connell, President of the Tuscawilla Homeowners Association, stated that the Homeowners Association is interested in participating in any type of recovery fund developed by the City. Mr. O'Connell spoke about Grant Funding and the coming cycle and said there were workshops on how to obtain the grant money and asked if anyone from the City attended and also if the City will apply for such funds. Deputy Mayor Gennell stated yes to both questions. III. CONSENT AGENDA Parks and Recreation Department A. Requests permission from the Commission to renovate the City owned Mount Greenwood percolation pond grounds off Bahama Road into a football, soccer and baseball practice field complex and adopt the name "Grizzly Field" for future reference. PURPOSE: to allow the Parks and Recreation Department to go forward with design and cost analysis for such renovations thereby approving this multi-purpose use of the land. Regular MeetinE City Commission February 23, 1998 97-98-10 Page 2 Parks and Recreation Department B. Requests that the Commission authorize the City Manager to advertise for bid for construction of the Trotwood Park Multi-Purpose Building allowing for a budget increase of $50,000.00 to $60,000.00 from existing parks capital improvement budget funds. PURPOSE: to request the Commission authorize a $10,000.00 increase in funds previously allotted and to authorize the City Manager to go forward with the project Parks and Recreation Department C. Requests the Commission to authorize the City Manager to enter into contract with APC Fireworks for the July 4, 1998 fireworks program at Central Winds Park approving expenditures of $17,000.00 for this 30 minute program. PURPOSE: to request the Commission authorize the City Manager to enter into contract with APC Fireworks in the amount of $17,000.00 for the second annual July 4th Celebration. Public Works Department D. Requesting authorization to enter into a Contractual Agreement for the installation of an entrance sign for City Hall. PURPOSE: to request authorization to enter into a Contractual Agreement for the installation of a new entrance sign at City hall with AI Bosgraaf & Sons, Inc., at a cost of $14,120.00 plus a 10% contingency. Stormwater Utility Department E. Requesting authorization to enter into a Contractual Agreement for the replacement of the Mosswood Canal Culvert. PURPOSE: requesting authorization to enter into a Contractual Agreement with Price Construction, Inc., for the replacement of the Mosswood Canal Culvert at a cost of $123,600.00 plus a 10% contingency: Commissioner Martinez had a question on Item "B", regarding other uses for the building. Manager McLemore stated that the building will serve three functions: a storage area, a shelter area for people when it rains and a restroom facility. Manager McLemore said what costs so much is the finishes for the restroom facility. Commissioner Miller had a question on Item "C" regarding the July 4th Fireworks, and stated that he would like to see statistics on what the City is likely to get back, such as if there will be an admission charge and also that there is a lot of other things going on in the area on that day and said the City needs to look into some of the other activities and what the impact would be on the City's fireworks. Manager McLemore said that last year the City had their first fireworks show and said there were all these competing factors at that time and said the City's show was an overwhelming success in the community. Manager McLemore said he doesn't know of any charges to get into the July 4th celebration. Commissioner Blake had a question on Item "D". Commissioner Blake said the City had budgeted $10,000 for the sign and asked why the cost has gone up. Manager McLemore stated that we could choose to wait when there is not so much construction activity and get a better bid but right now there is so much construction activity out there that we are experiencing the typical price-ups when that happens and stated that he doubts that going out for bid again would help. Commissioner Blake Reeular Meetine City Commission Februarv 23. 1998 97-98-10 Pae:e 3 asked if there was anything special about the design that is bringing up the cost. Kip Lockcutf, Public W orks/Utility Director, said a couple of things were added, they are bringing in about 1,000 yards offill to level the area in the front and also added a retaining planter wall around the outside which probably added a little cost too. Commissioner Gennell asked if the sign will have a means of announcing meetings. Manager McLemore said it was talked about and said the consensus was that it was not going to be that type of sign. Manager McLemore said if we were to have that type of sign, the sign would have to be much larger. Motion was made by Commissioner Miller to approve the Consent Agenda. Seconded by Commissioner Martinez. Discussion. Vote: All aye. Motion passes. IV. INFORMA TIONAL AGENDA Fire Chief Tim Lallathin gave an up-date on the storm damage. ChiefLallathin stated that the area that was affected was the Highlands Subdivision off of Sheoah Blvd., the area is boarded by 17/92, S.R. 434 and to S.R. 419. The area particularly affected was the Greenspointe subdivision, part of the Moree Loop condominiums, as well as some old sections of the Highlands. There were a total of82 structures that they have surveyed (at this point) that were determined damaged; the property estimated damage is $345,000+ at this time. ChiefLallathin said the City's public property damage is less than $1,100; some damage occurred at one of the sewer plants as well as one stop sign. Chief Lallathin said there are 8 homes with major structural damage; there were at least 8 vehicles with major damage and two persons with minor injuries. Chief Lallathin said they received the tornado warning at 11 :37 p.m. Sunday night; 12:26 a.m. Monday morning a tornado touched down in Longwood and moved northeast to Winter Springs and actually left Winter Springs going across the Lake Jesup area and ended up in the Sanford area (where a lot of deaths did occur). Chief Lallathin said the City of Winter Springs was very fortunate because they believe that the tornado didn't actually touch down to the ground, it actually skimmed over the top of some of those homes. ChiefLallathin said at approximately 1 :00 a.m. (This morning) they established their command post and they conducted an initial search for injuries and took a snap shot damage assessment, which was conducted by both the Fire Department and Police Department. The Fire and Police Departments did a joint effort, going door to door, looking to make sure that people were not injured. The area was then secured by the Police Department, letting only the people who lived in the area or had business in the area to come into the affected area. ChiefLallathin said the Public Works Department was there in a short time and started clearing roads Reeular Meetine City Commission Februarv 23. 1998 97-98-10 Paee 4 and stated that they did an outstanding job. ChiefLallathin said the Building Department went out today with members of the Fire Department as well as other members of the City Staff and did a more detailed assessment of each building. Chief Lallathin said they have been out in the community all day, all Departments, assisting the citizens as much as they possibly can. Chief Lallathin said the Police Department is currently out there with major force, making sure the area is secure and the people homes are left alone. Chief Lallathin said they will continue to monitor the contractors in the area to make sure they are properly licensed and permitted, the right-of-ways will continued to be cleaned and the public property will be cleaned by Public Works as best as they can. ChiefLallathin said security will continue to be provided by the Police Department, as well as other Departments will continue to give the citizens whatever support we can possibly give them, to help them in this time of need. Chief Lallathin said they will be tracking the cost to see if they can procure reimbursement from FEMA, because this area will be declared a disaster, (all the areas affected in Seminole County) and they will be trying to recoup the cost of personnel, as well as any kind of equipment or whatever costs we outlay in Winter Springs. ChiefLallathin showed the Commission a short video of the affected area. Commissioner Martinez stated that this morning he toured the affected area and spoke to many of the victims and stated on behalf of himself and his fellow Commissioners commended the Police, Fire and Public Works Departments for their speedy and prompt response and to the attention that is being given to the citizens in that area. Commissioner Martinez congratulated the Police, Fire and Public Works Departments. Commissioner Blake said other than making sure that the contractors are licenses, is there a method that we use to be sure that people are being charged fair rates. ChiefLallathin said the County has declared this area a disaster area and part of their Statute and Ordinance, they actually outline that they have to use a price structure that was in effect for the previous 90 days. ChiefLallathin said how we can monitor that is to have presence in the neighborhood, and make sure that the citizens are being treated fairly (as far as we can tell). ChiefLallathin said Public Works' have some experience in some of the building construction trades, as well as the Building Department, so they can monitor that in the community. Commissioner Blake said as part of our presence in the area, are we talking with the homeowners there to find out what they are paying and are we keeping any informal record of that. ChiefLallathin said the only thing that they have done (to this point) basically when we have gone door-to-door, we have spoken with each homeowner (that we could possibly speak with) and we have tried to advise them that there would be people trying to get their business, and to be very Reeular Meetine Citv Commission Februarv 23. 1998 97-98-10 Paee 5 careful and to make sure that their insurance company is aware of what was going on and that they would actually help coordinate that benefit for them (insurance company). Commissioner McLeod said he also went out this morning to tour the area and said that the Public Works Department had done an excellent job in cleaning the streets in a short period of time. Commissioner McLeod said there was a lot of coordination going on in clearing with the private sector as well. Commissioner McLeod thanked all City employees for the job they are doing. Commissioner McLeod also stated that he thinks the total dollar damage will well exceed the amount estimated. Commissioner McLeod said he also toured the Midway area in Sanford and stated that we in Winter Springs are very fortunate, there are peoples homes that are one side of the street and the foundation is on the other, it is devastating over there and said anything we can do to help that area, we definitely should. Commissioner Miller said he called the Police Department at 7:00 a.m. this morning to find out the affected areas and said they identified all the roads and indicated how many homes were damaged. Commissioner Miller said he would like to congratulations to the Police and Fire Departments. Deputy Mayor Gennell said it was very reassuring to see that everything was under control. Deputy Mayor Gennell asked about emergency repair (such that ifit was raining and a roof needed repair) and that she had a concern with requiring people to have permits to do the repair work. Manager McLemore said if water is flowing into someone's home, you have to let them get it covered, but to prevent some real horror stories from happening, we have to require that people doing work have permits and are reputable contractors. v. REGULAR AGENDA Parks and Recreation Department A. Requests the Commission to authorize the City Manager to enter into a contract with Mountainview Productions for providing a recreation program called "Springfest 98" at Central Winds Park on March 24, 1998 through March 28, 1998 and allowing the provider to charge for admission. PURPOSE: to request that the Commission authorize the City Manager to negotiate details of the contract in the best public interest and to recognize a fee will be returned to the City and the Little League Program: Brook Seal, Parks and Recreation Director, gave his presentation. Mr. Seal said Mountainview Productions is the group that put on the Winterfest, and said they would like to do that again and said that the Commission has a list in their packets of what they are planning. Mr. Seal said they will have fireworks, a boat show, rides, games, etc. The have sponsors that help them do that as it is advertised on radio and TV, part of what they want to do is donate a certain amount of money to the City based on the attendance there. The main parking lot will be blocked off and an amount will be collected from the participants. Mr. Seal said every issue is negotiable if the Commission thinks this is a good idea, if the Commission doesn't mind the parking lot being shut, there could be funds for the City, they also want to donate to the Little League, as their parking will be disrupted for those days, but Reeular Meetine City Commission Februarv 23.1998 97-98-10 Paee 6 can park where the soccer people usually do, and that would be only for one day, Saturday. Mr. Seal said this request is for the Commission to approve the idea (there is a meeting set for Wednesday morning) and to authorize the City Manager to detail a contract. Commissioner Blake said he was at the first show and said he thinks they did a fine job and a fine job of cleaning up, but said he has a problem with "renting" out our park which is for the citizens, displacing our citizens prearranged activities at the park. Commissioner Blake said he has an issue with closing down our parking facilities and basically taking the park away from those people who the park is really for. Commissioner Blake said to allow a for profit entity to come in, even though they will give the City a profit in return, where will the people park, where will the people coming to the show park? Mr. Seal said the people coming to the show can be parked in the bottom and some of the regular parking lot, and park down in the natural area (like the 4th of July). Commissioner Blake asked if there will be a charge for parking. Mr. Seal said yes. Mr. Seal said he feels that parking would be a problem on Saturday. Commissioner Blake asked what woul,d prevent people from going to the show from parking in the free parking area which would be earmarked for the Little League and Soccer players, how will that be determined. Mr. Seal said it would be shut off at the back side of here the fields come out (the two walkways) there will be a barrier there at each walkway and someone from their organization will be watching it. Commissioner Blake stated that he liked the job they did and he likes the idea of having the show, but he also recognizes that it is not just this one time and said he really has a concern about the parking and specifically for the people who would ordinarily use the park. Commissioner Miller asked why wasn't an amount put into the Commission's packets. Commissioner Miller said he would like to see the economics on this before we start discussing a contract. Commissioner Miller said he feels an amount should have been furnished. Commissioner Miller said he would like to know how much it would cost to park and to enter into the show. Commissioner Martinez also said he did not like the idea of charging people to go into the park. Commissioner McLeod said he understands what this is about, and said the park is for all the people, and there is a lot of people who do not play softball or play soccer. Commissioner McLeod said they are talking about a boat show, 30 major attractions, fireworks; they will provide the insurance and decimation/permitting, there will be radio support, a lot of interest in Winter Springs. Commissioner McLeod said he feels there needs to be more information brought back to the Commission, perhaps Reeular Meetine City Commission Februarv 23.1998 97-98-10 Paee 7 as the next meeting do determine what a reasonable charge to the citizens may be. Commissioner McLeod said he is not in favor of the City making money off of the park (necessarily) but said he feels more information needs to be given to the Commission, that he is not totally opposed to the idea, it has a lot of good things for the citizens, but the Commission needs to know dollars and cents, and said the park is not just there for baseball and soccer. Deputy Mayor Gennell said there is two different questions, one is a policy issue, and said she doesn't remember changing the policy that we would not allow for-profit events to be in that park. The other issue is, is this contract any good if you decide your policy is going to be that they can in fact have admission charged. Manager McLemore said there was an indication from this Commission that we simply are not giving a variety of different kinds of programs and activities in our Parks and we need to "step it up" and do more varied things. Most of the programs offered by the Parks are either paid for by fees in some way or other; those things which are not basic athletics type events, so fee related activities in the Park are not uncommon, they are very common. Manager McLemore said as the Commission can recall, when this Company came to us last year and said they would like to explore with the City, a feasibility of a longer term relationship, where in return for the "freebie" that we gave the Winter Springs community (Winter Spectacular), which wasn't really seen because of the rain, what they did was come back with an effort (which they didn't have to do) to come back with something. The idea was that we would try to have four or five major events during the year, which would be family oriented events, they would be fee paid, they would earn money (which the City would participate in the earnings) in order to offer a different variety of events and with the payoff being that one of these events, the Winter Fest, would be totally open and free to the public; that's where we started and we said we would take it step by step, we would do the Winter Fest and see how it went, see how these people performed in terms of doing what they said they would do. Manager McLemore said he thinks they did really well under the circumstances, and now we need to move on to this next step to determine if we want to get into this longer term relationship with this company, who would be providing types of entertainments such as Amy Grant, and groups that people would be able to see during the year. Manager McLemore said we are not doing anything that other parks and park systems do in other communities, and said he doesn't want to move in this direction if this is not the direction the Commission wants him to move in. Manager McLemore said working out the numbers is easy, the main part is are we going to continue to explore this concept with this company as a way of providing alternative recreation to the people in this community and indeed it will attract people from outside and potentially earn money for the parks. Commissioner Blake said if we go forward with this, he would like to see us look at, specifically on the week-end part of the event, which he thinks will have the largest conflict of other users of the park, to see what the possibility of having a parking arrangement with the High School property and shuttle arrangement either for people going to the Spring Fest or for the normal users and the cost of that would be provided by the Spring Fest. Commissioner Blake said he would like to have specific attention to that and said he thinks that would lessen some of the problems and conflict that Reeular Meetin2 Citv Commission Februarv 23. 1998 97-98-10 Pa2e 8 would go on there. Motion was made by Commissioner Blake to approve Item A, and authorize the City Manager to enter into negotiations with Mountain View Productions for providing recreational program, Spring Fest 98, subject to the comments made here this evening. Seconded by Commissioner McLeod. Discussion. Commissioner Miller said he would like the report from the City Manager to include some cost data as to what the City might be able to make from this as opposed to just allowing them to use our park. Commissioner McLeod said he would like to see what the expectations of the City outlay is of the Police Department and traffic control along with Parks personnel cost vs. what the revenue would be. Commissioner McLeod said he would like to see a cost analysis of this and said he would like this to come back to the Commission at the next meeting; Commissioner McLeod said he would like to see what will be charged per person to enter. Commissioner Blake said he would also like to have the negotiated contract brought back to the Commission for final approval which will have all of the numbers etc. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: nay; Commissioner McLeod: aye. Motion passes. Community Development Department/Land Development Division B. Presenting to the Commission the recommendations of the Planning and Zoning Board as it relates to the Preliminary Engineering/Final Subdivision Plan for that project called Wicklow Estates. PURPOSE: for the Commission to consider the Planning and Zoning Board's recommendation on the Preliminary Engineering/Final Subdivision Plan for Wicklow Estates. This project is located to the north and east of Wood stream, and to the west of Howell Creek. The plans are to have forty- eight (48) lots on twenty-eight (28) acres. The property is zoned Planned Unit Development (PUD). Charles Carrington, Community Development Director, gave his presentation. Mr. Carrington said this is a request by the developer for preliminary engineering and final subdivision for Wicklow Estates. The forty-eight lot single family subdivision consists of 28 acres located west of Howell Creek and adjacent to Woodstream subdivision, the zoning is P.U.D. The developer proposes to access the property from Northern Way by way of Richard Rd. (private street) which also serves the Woodstream development. Five town house lots, formerly part of the Woodstream Development have been purchased by the Wicklow group and resubdivided as single family lots to be part of Wicklow. The Wicklow site borders the Woodstream subdivision along its northeast boundary, the two subdivisions share a common entrance (Richard Rd.) and newly relocated retention ponds for stormwater run-off The retention ponds are designed for a 25 year/24 hour storm, in accordance with State and local codes, a more detailed review of this design will be made when the developer submits final engineering drawing at a subsequent meeting before the Commission. The development review committee and the Planning and Zoning Board are recommending approval. Steve Samaha, representing ELJH Orlando, Inc., gave his presentation. Mr. Samaha stated that they are proposing a 48 lot, single family subdivision on the 28 acres. The minimum lot size is 100 width x 140 depth. The property borders on three golf holes, and Howell Creek. Mr. Samaha reviewed some of the concerns with the existing Woodstream development. Mr. Samaha said they have had a number of discussions with the Association and residents of Woodsteam to Reeular Meetine Citv Commission Februarv 23. 1998 97-98-10 Paee 9 address issues of common concern and said there is a draft agreement (that he believes they are in agreement with). Mr. Samaha said they have discussed naming the entire project Wicklow so that the Wood stream name would no longer be utilized. The new development would be called Wick low Greens (subject to some change) and the entire project called Wicklow. Mr. Samaha said there will be a stone entry feature on Northern Way, and will identifY either just Wicklow and/or Wicklow Greens at the front on Northern Way (project identification signage). The existing landscaping will stay and they will add additional landscaping and lighting. Richard Road will be renamed to Wicklow Way. They will resurface, as part of their project, add a minimum of one inch of asphalt to all the roads in the existing Woodstream development, and that will be done at the same time that they pave the roads in their project. At the same time they are installing drainage improvements on their side of the project, to the end of Nancy Circle, the improvements consist of a drainage inlet and running a new pipe to another inlet at the end of a cul-de-sac; they also will be replacing the pipe at the end of Kim Court. Mr. Samaha mentioned a stone wall as you are driving into the subdivision and a median. The expenses for maintaining Richard Road as well as the retention pond that serves the entire area, will be paid entirely by the new development until such time they turn the association over to the residents. At that time, the common maintenance expenses of the retention pond and Richard Road and the landscaping and signage improvements will be shared among the new and existing residents on a pro rata basis. Mr. Samaha said one issue that they haven't reached total resolution is the location of a gate, if they install one, the plan shows two potential locations. A final determination has not been made yet for the location of the gate, but the agreement states that if they do put in a gate it will go into one of those two locations. Mr. Samaha said they have to fine tune some of the exhibits but said from his prospective the agreement is satisfactory and is willing to commit and have it in final form for the Commission with the exhibits when they come back for final engineering. Commissioner McLeod mentioned that a date needs to be corrected on the plans. Commissioner McLeod stated that he feels there should not be two Homeowners Association, it should be one. Commissioner Martinez asked if the residents have agreed to the terms of the agreement. Mr. Samaha said he is almost sure and that he is willing to stand by the agreement. Roger Owen, 1024 Nancy Circle, gave the Commission a synopsis of the W oodstream development. Mr. Owen said the Wood stream Association is in favor of what Mr. Samaha has done thus far. Mr. Owen said the Association is asking the Commission to have the agreement become part of the development order and the City approve the storm sewer and the repaving of the roads. Mr. Owen asked if the Commission can approve the conceptual plan tonight subject to their final agreement with Mr. Samaha, that would come to the Commission for final approval within the next 30 days. Attorney Guthrie said the agreement is a private negotiated between the two parties, the City only Reeular Meetine City Commission Februarv 23. 1998 97-98-10 Paee 10 mandates compliance with City Code and this isn't strictly a component of City Code and recommend that the two parties continue to work in good faith and try and get it resolved. Mr. Owen asked if the developer wants it part of the agreement, would that be satisfactory and then the Commission could approve it as part of the plan. Attorney Guthrie said he would get it negotiated and get is signed and sealed and in place so it is ready to go when they come back with final engineering. Attorney Guthrie said he doesn't want Mr. Owen to mix up between what the City mandates, which is compliance with City Code, and would enforce, as far as development improvements out there which if for the new phase will require what the road bed should be, road thickness because that is what our current standards say. Attorney Guthrie said the repaving will not be re-engineered, it will be the application of additional material and said that their agreement should say that the engineer will certify the thickness of the paving, the City will not be involved with that. The compliance with drainage for the new phase, is something the City will require. Deputy Mayor Gennell stated that Mr. Owen's time for speaking has expired. Motion was made by Commissioner Martinez to extend Mr. Owen's time. Seconded by Commissioner McLeod. Vote: all aye. Discussion regarding the Wood stream residents agreement and the new subdivision. Mr. Samaha said for the record is they are going to sign the agreement with the Association and it will be an agreement that the Woodstream Association will have a right to enforce, it will be a separate right of the Association. Attorney Guthrie said a private solution to these problems is the best one, the City will enforce what they can enforce and the Association can enforce the things that are the subject of their agreement. Manager McLemore said the question is does the City have the right to enforce a civil agreement between two parties and the answer "I don't think so" and said that is what the Attorney is trying to tell the Commission, we can enforce that which is part of our ordinances and codes, we can't enforce a civil agreement between two parties and thereby become a third party in that agreement. The civil agreement is enforceable between the private parties; that which is incorporated on a set of plans for final engineering which the City approves, he (Manager) believes the City can enforce. Mr. Samaha said they are going to show the improvements that they are going to make on their final plans. Mr. Owen stated that the homeowners in Woodstream are in favor of the agenda item. Commissioner Blake asked Mr. Owen if he wants to be sure that the improvements that are made, subject to the agreement (with the developer) are made up to City Code so they do not have the Reeular Medine City Commission Februarv 23. 1998 97-98-10 Paee 11 problem that they have currently. Mr. Owen stated yes. Commissioner Blake said any improvements that require permits and roads and drainage, have to be up to Code. Attorney Guthrie said that is correct although with the older roads the City will not go into bedding materials, the City will be looking at the surfacing product only. Commissioner McLeod asked about the retention ponds not being on the property of the Woodstream development. Bill Stuber, of V.H.B., said to clarify this the Woodstream development presently does not have retention basins on their property, they are actually build on the phase that they are developing (Wicklow). As long as there is a cross utilization agreement and a maintenance agreement, which is part of the agreement, they are basically able to share a retention basin. Mr. Stuber said they have sized the pond for both subdivisions at ultimate build out, with one control structure that actually moves the retention basin a little closer to their property. Doug Clark, President of the Woodstream Homeowners Association, said he has looked at the agreement and said he agrees with most of it, there are just a few minor points they are working on. Mr. Clark said as a point of interest is the gate location, and speaking for the Homeowners Association, there is a concern for gate security and is a gate is built they would like to see it on Richard Road. Deputy Mayor Gennell mentioned a typo on page 32 of the declarations regarding a date, where it states 1994. Motion was made by Commissioner Blake to approve Item B on the agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Commissioner Blake mentioned that it is nice to see homeowners and developers working together to take care of issues before it comes to the Commission. Deputy Mayor Gennell called a recess at 8:20 p.m. Deputy Mayor Gennell reconvened the meeting at 8:30 p.m. Deputy Mayor Gennell stated that there is a request from Missy Cassells that her item be taken out of order, Item E. Motion was made by Commissioner Martinez to hear Item E at this time. Seconded by Commissioner Miller. Vote: all aye. Motion passes. Mr. Canington gave his presentation. Mr. Carrington stated that this is a public hearing to approve an interim development agreement related to the Cassells property near the intersection S.R. 434 and the GreeneWay. The interim agreement places a hold on development for one year, while the City prepares GreeneWay Intersection Design Standards and amends the Comprehensive Plan to allow Reeular Meetine City Commission Februarv 23. 1998 97-98-10 Paee 12 for more intensive commercial uses on the property. This was the subject of previous public discussion, all parties have now executed the agreement and are willing to be bound by its terms. The major plan amendment process has been processed through the Local Planning Agency and is ready to transmit to DCA as the GreeneWay Interchange District and this would replace the current Comprehensive Plan classification of Mixed Use. The zoning will remain Planned Unit Development, the Commission had previously voted to transmit this to DCA at the December 8, 1997 meeting. This is a formality and is recommended by the Attorney to approve in Public Hearing this agreement. Attorney Guthrie reminded the Commission that this agreement puts a hold on development for 18 months, and that will give the City sufficient time, this is not a traditional development agreement and will be recorded in the Public Records and will not be reported to DCA. Motion was made by Commissioner McLeod to hold a Public Hearing for the approval of the interim development agreement pertaining to the 230 +- acres of the Cassells trust property located at the northwest quadrant of S.R. 417 and S.R. 434. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Deputy Mayor Gennell stated that at this time the Commission will conduct a Public Hearing and asked if there was any public input on this issue. There was no public input on this issue. Deputy Mayor Gennell closed the Public Hearing. Motion was made by Commissioner Blake to approve the agreement and authorize the Mayor to sign the agreement. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Land Development Division C-I. Presenting to the Commission the recommendation of the Planning and Zoning Board as it relates to the proposed Master Development Program for Tuscawilla Tract 15, Parcel I-B. PURPOSE: for the Commission to hold a First Public Hearing to consider the recommendation of the planning and Zoning Board as it relates to the proposed Master Development Program for Tuscawilla Tract 15, Parcel I-B. Parcel I-B is located at the northeast intersection of Vistawilla Drive and S.R. 434, extends eastward on the south side of S.R. 434 approximately 2,160 feet, then south southwest 900 feet, then westward approximately 2,100 feet and then north northeast to the point of beginning approximately 900 feet: Charles Carrington gave his presentation. Mr. Carrington said that the Commission is being asked to consider a Master Development layout for Tuscawilla Tract 15, Parcel IB, which includes five commercial lots, zoned for Planned Unit Development. The property is located on the south side of S.R. 434 at the intersection of Vista willa Drive near the GreeneWay; the lots are included within the S.R. 434 New Development Area Corridor Vision Plan. The developer is requesting the Commission vary some of the standards of the Corridor Vision Plan as it relates to signage and set-backs. The developer in respect to that is proposing a variable three foot high berm and enhanced landscaping totaling 25 feet instead of the required 15 feet that is stipulated in the design standards. The Reeular Meetine City Commission Februarv 23.1998 97-98-10 Paee 13 development review committee and the Planning and Zoning Board have reviewed this matter and recommend approval of this item. Attorney Guthrie said there will be a public hearing on each item, C-l, C-2 and D, they inter-relate, and will be acted on separately. Attorney Guthrie said if the Commission moves toward approval of C-l and C-2, it should be contingent on the details that are contained in D. Commissioner McLeod asked if the Commission does not approve C-l and C-2, does that mean that D "goes away". Attorney Guthrie said if we vary the requirements we have to either change D to recognize what is approved or if the Commission does not approve them then D cannot be approved. Commissioner McLeod said he did not read anything saying that C-l, C-2 and D were contingent upon each other. Manager McLemore said that is because we are doing this by development agreement and the development agreement memorializes all the things that is on the master plan and then on the separate site plan. Ifwe were not doing a development agreement, we would not need to do that. So the all the documents need to correlate. Attorney Guthrie said item D, the Development Agreement, becomes the instrument of enforcing the development standards. Charles Carrington asked if the Mayor and Commission would like him to make a presentation on items C-2 and D. The Commission was in consensus to hear the items at this time and will have three separate actions. Mr. Carrington said item C-2 deals with final engineering for Lot 1, Lot 1 of the five lots of the Tuscawilla Tract 15, ParcellB, the property is zoned PUD, the proposed use on Lot 1 is for a mini- mart convenience store with automobile gasoline sales, the land use designations are further regulated by a settlement and annexation agreement adopted as Ord. 489 in July the 23, 1990 and a vested rights special use permit for commercial uses dated June the 8, 1993. Added landscaping and berms as related to all five lots in Item D are applicable to this lot, the variables and stipulations are clearly outlined in a proposed development agreement included in the agenda package as item D. The development review committee and the Planning and Zoning Board recommend approval with the specific changes in connection with building signage as shown on inserts A-I and CE-I. Item D on the agenda is the first of two public hearings on a proposed development agreement related to TuscawiUa Tract 15, ParcellB, which includes five commercial lots, zoned PUD. The development agreement includes variances from the S.R. 434 New Area Development Guidelines as related to decreased set-backs, increased signage and increased landscaping. Mike Jones, representative for the developer, gave his presentation. Mr. Jones stated he doesn't concur that the Vision Ordinance covers/encompasses this property because the application was filed before the enactment of that ordinance and said he has a lot of problems with the Vision Ordinance. Reeular Meetinl! City Commission Februarv 23.1998 97-98-10 Paee 14 Mr. Jones said sign age is the major issue in any site development, and said they were able to meet something that is satisfactory. Mr. Jones said this property has constraints because it is a narrow piece of property and it also has wetlands in it that cause development problem. Commissioner McLeod said what you are asking for is a little more signage in lieu of that what you are giving back is more landscaping in this project. Mr. Jones, said it was not only that, there were so many things that were give and take, the set-backs, the additional landscaping; all these changes cost money and said the changes that have been asked of us did impose an economical determent in many cases but they were all reasonable. Commissioner McLeod said he wanted all Commissioners to understand that some of the things were give and take and one of the main issues does become the signage to make all these things work economical for the developer so they have recognition. David Perry, landscape architect and land planner with Boyer Singleton, and said they have been retained to do the master design for the development program for Tuscawilla Tract 15, Parcell B. Mr. Perry mentioned communities that he did the master sign plan for as well as the landscape programs. Mr. Perry reviewed the design with the Commission. Mr. Perry said they have read thought he S.R. 434 Conidor plan and have taken the design guidelines that were drafted and brought them into an implementable plan. This design actually brings forth additional items that were not in the design guidelines and actually provides for larger landscape material, larger trees, larger shrubs and the insulation ofa three foot berm across the entire frontage of the property. Additionally, what it does provide for is a meandering sidewalk that would run along the entire frontage of the property, that has yet to be approved by F.D.O.T. In the event that F.D.O.T. does not approve the meandering sidewalk, the design will work equally as well just by some minor modifications of the design to allow the planting beds to create a more curve linear shape along the frontage. In essence something else they have tried to bring forward is a unified landscape program as well as a unified signage program. All of the signs across the frontage of the property will have a consistent design shape, design pattering, design elements, with ornamental effects on the top; they will all have a very similar character. They are trying to make sure there is a consistency in the design across the entire frontage of the development. Commissioner Miller asked about the two monument signs. Mr. Perry said the one on the right will be a single tenant sign, the multi-tenant sign would be for the Hess Express which would be at the corner, the other signs would be individual parcel signs and would be smaller in size and character. Manager McLemore said the development agreement provides for only one sign, and that is a multi- tenant sign. Reeular Meetine City Commission Februarv 23.1998 97-98-10 Paee 15 Commissioner McLeod asked if the request is for having the one sign to be larger, the multi-tenant and the other falls within our Code requirements. Manager McLemore said correct. Commissioner McLeod said then each parcel would have a single tenant sign, and that would be only one on each parcel. Manager McLemore said correct. Commissioner McLeod stated that the plans show two signs for parcel five. Mr. Perry said that parcel can actually be "carved off' as a useable parcel in the future, depending on if the GreeneWay parcel ever can be developed over or in the event that they purchase any land towards the GreeneWay, that ifit ever became a developable parcel, that would be in fact be a single tenant sign. Commissioner McLeod said they would be sharing a common entrance. Mr. Perry said correct. Commissioner McLeod said at the present, you are showing parcel five as a single entity. Mr. Perry said correct. Commissioner McLeod ask if they are asking for that as a parcel standing by itself of five, it would have a single tenant sign, however, if it is broken off into two parcels or an extension of the parcel, then it would have two signs, one on the west and one on the east of the entrance. Mr. Perry said correct. Deputy Mayor GennelI asked if there was only one entrance off of S.R. 434 into the entire development. Mr. Perry said there is three, all right in and right out; except where the current D.O.T. design shows a median cut. Deputy Mayor GennelI asked if the plan included six foot sidewalks. Mr. Perry said five foot sidewalks, which is a standard D.O.T. sidewalk. Manager McLemore said he thinks that in some discussions that were had with the Commissioner, a commitment was made for six sidewalks. Mr. Jones said they will be six feet. Deputy Mayor Gennell asked if the sidewalk will be extended down Vistawilla. Mr. Perry said there is an existing sidewalk there. Ray Malave, engineer for the project, stated that the standard D.O.T. sidewalk is five feet. Deputy Mayor Gennell asked if the developer has agreed that the sidewalk would be six feet. Attorney Guthrie said they have indicated that, and stated that it be a caveat as the meandering sidewalk does and it would be contingent to D.O.T. approval. Mr. Clay, representing for Eagles Watch, stated they have a concern regarding noise, lighting, the car wash. Mr. Clay said he wouldn't like to see any variances on signage, setbacks or on anything. Mr. Clay asked that the Commission consider their request to stay within the S.R. 434 Visioning Guidelines. Reeular Meetine Citv Commission Februarv 23. 1998 97-98-10 Pae:e 16 Marsha Prince, 111 Cisco Cove, representative of Howell Creek Reserve, said she concurs with Mr. Clay's statement where not to allow variances on signage and set-backs. Ms. Prince said they are asking that the Commission carefully review the back section, and the other areas which would come behind Howell Creek Reserve in the near future. Ms. Prince said they are looking to maintain the integrity of the Tuscawilla esthetic groupings that are now in place; they want to maintain a good buffer barrier for sound purposes and lighting, particularly speaking to the directed lighting avoiding any high excessive halogen lights. Tom O'Connell, 1718 Seneca, President of the Tuscawilla Homeowners Association, re-iterated issues that came up at the Planning and Zoning Board meeting, one is the 24 hour a day car wash operation, they oppose a 24 hours a day car wash operation, the Board opposes a car was altogether. The Board is concerned about trucks through the residential area, they think that the plan to down load gasoline requires to enter Vistawilla, make a V-turn and park in the right-of-way to off load gas into the burred underground tanks, and they think that's a safety hazard. The Board does not think this project deserves more than 32 sq.ft. in signage area and asked that the Commission to keep the sign under the restrictions that they spent years developing for the 434 Corridor. Mr. O'Connell said it is his understanding that the Commission sets policy for the City Manager and said he heard Mr. Jones say that Mr. McLemore is representing the views of the community for what they want on that site, and said he doesn't think that is accurate and said he thinks that the Commission ought to tell the City Manager what the policy is going to be and let the City Manager implement it, rather than the other way around. Manager McLemore stated regarding the policy issue, the authority of the Manager to come involved in this type of negotiation is entirely consistent with the policy that Commission has passed; Manager McLemore said that he has expressed to the Commission, privately, (in the last few days) that he doesn't believe that this is a sign variance because he doesn't think there is a standard in the new sign ordinance or the old sign ordinance that address this type of use. Manager McLemore said this particular plan, and said he is sensitive to design and appreciates good design, and his only interest in dealing with the developers was to create a design that would work for the peoples benefit. The problem with public standards are that they are typically meant to be a "cookie cutter" approach to something and try to apply it across the board uni-Iatterly, does not give the best that you can have. Manager McLemore said in this case, they looked at a site and said "here's a building that doesn't have any real architectural qualities, so how do we deal with that so that it does in fact accrue to the people's benefit; and the way we decided to do that was to create architectural quality in the signage and in the landscape which basically insulates the entire facility to its surrounding environment in such a way that it minimizes its impact but at the same time increases its design quality to the neighborhood and people around it. Manager McLemore said this has been custom designed to fit this site, with the peoples interest at heart. Manager McLemore said the custom design is better than they could get by applying the standards uni-Iaterly on every site. Manager McLemore said his thinking in this was to try to balance all this in the peoples behalf at quite some additional expense to the property owner. Reeular Meetine City Commission Februarv 23.1998 97-98-10 Paee 17 Commissioner McLeod said he believes the City Manger is doing his job and believes the City Manager has a right to negotiate in good faith. Commissioner McLeod said with regard to the backside of the property is there a berm area across the back and asked what will be put on the back to block, besides landscaping, will there be a wall. Mr. Perry said there is a private access drive that accesses each one of the parcels from the rear and there will be a landscape buffer strip along the rear of each parcel and they will provide a landscape buffer that abuts the adjacent neighborhood. The will actually have two buffer strips between these parcels. Mr. Perry mentioned there is a large wetland area and will be left in preservation and nothing will be modified in the wetland itself Commissioner McLeod asked about the unloading of the gas. Mr. Perry said all gas will be unloaded on the property. Deputy Mayor Gennell said the landscaping that is shown in the front. Manager McLemore said the landscaping is addressed in the Master Plan and if approved, the landscaping plan is approved for the entire five parcels. Mr. Perry stated that there will be a interior landscape buffer between the Hess station parcel and parcel 2 that would be part of the Hess station construction. Reed Cook, representative from Amarada Hess, reviewed pictures taken of the property with the Commission. Attorney Guthrie commented regarding the site, and stated regarding Ord. 675 and the timing of the application of the development of this project is a legal issue and said it was an issue that suggested if something could be worked out and said he thinks that was the best way to go, where there was mutual consideration as to whether the 434 Corridor Design criteria would apply to this parcel or not. As to land uses, this property is subject to a settlement agreement and a vested rights determination and said the settlement agreement did deal with what type of land uses are allowed there and these land uses appear to be included in that agreement and therefore would be permitted, so the idea that we get as much as we can by way of negotiated agreement, when looking at permitted uses that maybe not be the optimum of what we want in the corridor today but what we have from the settlement agreement, which was an issue in the negotiation and finally with regard to the application of the ord. 675, there were the physical constraints on the property. So those three factors have some legal implications that drove the negotiations and suggest why the Commission needs to look at the way things came out in terms of what you hope to get from a public policy perspective. Manager McLemore said there was a question regarding the on-going maintenance and we have done a couple of things to deal with that issue and one is we have required that there would be an owners association who would be responsible for the on-going maintenance of the common areas, landscaping, just as you would have in a residential subdivision. The other thing that we required was Reeular Meetine City Commission Februarv 23.1998 97-98-10 Pae:e 18 the actual landscaping plans would be detailed in the construction documents, which means if they don't install the landscaping the way it was designed then they don't get a certificate of occupancy. Deputy Mayor Gennell said she is not as concerned with the signs on the outside of the building, but she does have a question about the signs inside the windows. Deputy Mayor Gennell said the City's new area development guidelines limit the amount of window space that a given store can give to window sign age and asked if the developer will be complying with the new development area guidelines as far as the window signs. Manager McLemore said with regard to the window signs, they will have to comply with the guidelines just like anyone else. We allowed them the building signage and the monument sign and those are the only considerations that we gave. Commissioner Blake said to address a issue that Mr. O'Connell brought up and that is the one regarding the actions of the City Manager negotiating a development agreement and micro management. Commissioner Blake said the fact of the matter is that policy is set by the Board for the purpose of avoiding micro-management; as long as Staff follows policies set by the Board and negotiate based on that policy micro-management is indeed avoided. It's when we cross the line of negotiating things that are not along policy guidelines that we find ourselves sitting here talking about the widths of sidewalks or set-backs or sign area or several other issues that come up in this development agreement that are contrary to the policy set by this Board over the last 3 Y2 years or so in the S.R. 434 Corridor Vision Plan for the New Development Area. Having sat thought all those meetings, and hours of work put in to that new development ordinance, that was in the works for years, many of these policy decisions were formulated by this Board to make it very easy for the land owner to come in with a development that would be a high quality, value added development for this City and specifically keep that business corridor S.R. 434 from turning into a blighted area such as 17/92. It is interesting to note that the very first development that we get under these new guidelines, that come before us, contains a development agreement with some things not being addressed correctly (in his opinion) some of the representations that have been made to this Board, (he finds) as not being accurate from our own Staff For instance it was stated here that the P&Z Board considered this development and considered these items that are in the development agreement that did not conform to our codes and they approved them and passed them on with recommendation of approval to this Commission. Commissioner Blake said he sat at that P&Z meeting and paid attention what was said and how it was presented to them, and also got the tapes and listened to the representations that were made to the P&Z Board and in fact, was said to the P&Z Board from Staff to the Board was they want different signage and different set-backs but don't worry about those because they will be contained in the development agreement that will come before the Commission and they will decide on that. In fact when they (P&Z) had a motion on the floor for item C-l, they thought they were just doing everything except those items that were in conflict with our current code and they passed it and then came C-2 (the site development) and there was confusion with the Board they had no idea that they had to do something else, they didn't know what they had already passes or what they had yet to pass. To have Staff bring this to us and tell us that P&Z has approved this and recommended it being forwarded to us for approval with these variances, and said he doesn't believe is accurate. Commissioner Blake said that he doesn't think as a matter of policy, that we Reeular Meetine City Commission Februarv 23. 1998 97-98-10 Paee 19 should take the first gas station, to allow them a 71.88% increase in sign copy area for a gas station, the first development in our new corridor, said he thinks it is a mistake. Commissioner Blake said no where in there does it discuss the increased sign age on the wall signs. It is bigger than our Code allows, and in fact in the drawing of the signs, it doesn't show the internal measurements of the two monument signs so that we as policy makers can calculate, based on these plans and these plans detennine what size the signs will be, and that is what is said in the development agreement, but it does not state what size copy area it is. Commissioner Blake talked about the landscaping in the development agreement and stated that it is better than what is in the Code, and said he would like to have that but not at the cost of moving set-backs, they would have to increase their set-back by 100% to get it to Code. They talk about that they need to do this because it's a constrained site, and said this site is not smaller than many other gas station sites out there, in fact it's larger than many gas station sites out there. Commissioner Blake said they have the same sign age allowance as everyone else in the corridor will have, and that is the beauty of the new development program, it is the fact that we are not talking about one development or one gas station, we are talking about an entire corridor, we are talking about the definition of Winter Springs. Commissioner Blake said if they want to build on this property and build this development, he has a couple problems with it, one problem is the set backs are wrong, if they want to build it he'll vote for it but they have to bring the set backs in line with what these codes say you have to do (434 new development guidelines) and second, if they want a sign at this business, they get 32 sq.ft. to work with, just like everyone else on the corridor with that size operation. Regarding the landscaping, Commissioner Blake said he hopes they keep the landscaping that they have shown, if not, just bring it back to the minimums required by our Code, that is still the toughest anywhere. Commissioner Blake said one thing he doesn't see is that there is no wall along the back side of the property separating the commercial development from the residential development. Commissioner Blake said he thinks it has been the intent of the Commission from the beginning that the commercial development on S.R. 434 would be separated from residential by a wall and stated that he thinks that's an important aspect of the development plans that they need to do. Commissioner Blake said he will not vote for this project the way it is presented, but if the developer wants to table this and go back and come back with a project that fits the City's Codes then he will be more than happy to vote in favor of the development. Commissioner Martinez said he agrees with Commissioner Blake that this should be tabled or he won't vote for it tonight, and furthermore he would like to hear from the developer or owner as to where the run-off water from the car wash going to go. Mr. Perry said there are containment areas that are built into the car wash facility that hold the water, and stated that it is 100% recyclable water and they will have some one come in and haul the resoled material off site. Reeular Meetine City Commission Februal"V 23. 1998 97-98-10 Paee 20 Commissioner Martinez reiterated that if the developer meets the Code then he would not have a problem voting in favor of the project. Commissioner McLeod asked the Attorney if the City is dealing with a vested rights issue. Attorney Guthrie said there are some vested rights as to use, as to the car wash and the gas station, there are vested rights to that under the settlement agreement; Attorney Guthrie said where we are not dealing purely with vested rights, where this Board has some policy discression, where the City Manager has the discression under Ord. 675 to bring to the Commission the decision as to whether or not to enter into a development agreement that waives some of those requirements as that Ordinance allows. Attorney Guthrie said the Commission has substantial discression where the Commission can apply the standards uniformly or go with the development if the Commission feels that the site is constrained and we are exacting some additional constraints. Attorney Guthrie said there is an issue of the timing of the application of development and the passage of Ordinance 675. Discussion. Deputy Mayor Gennell closed the Public Hearing. Deputy Mayor Gennell asked the developer ifhe would agree to put a wall at the rear of the property. The developer asked for five minutes to discuss this request. Deputy Mayor Gennell called a recess at 10:02 p.m. Deputy Mayor Gennell reconvened the meeting at 10: 12 p.m. Manager McLemore stated we have tried, as much as possible, to prevent the replay of strip centers and said the way this design is laid out there is single detached buildings, all of which have their own separate site plan and landscape plan and said in his opinion that gives a much better site plan than just the traditional multi-tenant building, and that was an intentional act on Staff's part to try and make it a better quality development. Mr. Jones said in working with Mr. McLemore and Staff, he feels that he is presenting a project that fell within the guidelines of the Vision Ordinance. Mr. Jones said he was able to go in front of the P&Z Board and represent to them that this was a project that he could approve of himself in his neighborhood. Discussion. Mr. Jones stated that in regards to the question about putting in a wall, yes they will put in a wall. Also, they will restrict the operating hours of the car wash from 7:00 a.m. to 10:00 p.m. They will also use low sodium lighting and there will be back stops on the glair so that it doesn't go into the residential areas. Mr. Jones also mentioned that the set back difference is only six inches and then asked for the Commissions support of the project. Motion was made by Commissioner McLeod to approve this item contingent upon that the criteria be folded into a development agreement that is considered by the Commission. Seconded by Commissioner Miller. Discussion. Commissioner Blake said he cannot find Re2ular Meetin2 Citv Commission February 23. 1998 97-98-10 Paee 21 where the setback difference is only six inches. Attorney Guthrie said what he thinks was stated was that on the Hess site, (his understanding) the building may be (something like) 45 feet from the r-o-w, but as far as the entire site, what is in the development agreement is a 25 foot setback for the other pieces. Commissioner Blake said on the document that he had to go by, #5 on page 7 says setbacks for ParcellB of tract 15, and asked if that was the Hess station property. Attorney Guthrie said Parcel IB is the entire, the item that we are considering which is C-l, is for the entire Parcel that is laid out as potentially having five pieces. Commissioner Blake it states that the building setbacks for the property described on Exhibit A (and stated that there was no exhibit A in his packet and said he doesn't know what exhibit A is) shall be 25 feet from the adjacent r-o-w line on S.R. 434 in recognition of enhanced landscaping for said site in the event of a default by the property owner in the installation of landscaping to Tract IB per the master development program, or the failure to maintain said landscaping as required by City Code, then the setbacks pursuant to City Code shall apply to said tract or part thereof.- Commissioner Blake said he didn't see six inches and the difference between 25 and 50 is 100cyo, and asked if this needs to be changed to 49'6". Manager McLemore said the overall master plan for the entire parcel provides for the 25 foot setback, however, the specific site plan for the Hess station does not ask for that 25 foot variance, it only asks for the six inch variance. So therefore, when the Commission approves the master plan, it is for the entire segment of land, but when you approve the Hess site plan, then the Hess site plan does not ask for that setback, so in effect what it does, it makes the Hess plan in conformance with the over all master plan, because it is far less than what is approved for the entire master plan. Manager McLemore said first the master plan is approved for the over all tract of land, then as the parcels develop then each site plan is approved within that master plan, so the Hess site plan, assuming it is approved, would be able to have a 25 foot variance, but they are not asking for the 25 feet, they are only asking for a minor deviation and that is not from the main building, the minor deviation is from the canopy. Commissioner Blake asked if the developer would change the development agreement to read 49'6" for the parcel. Mr. Jones said they will change the development agreement to 49'6". Commissioner Blake asked where does it show what size ofsigns are allowed by the agreement (not speaking about the monument) and what portion of a variance the signs are from our stated Code. Manager McLemore said under the new development standards, building mounted signs, is 16 sq.ft. and what is proposed is 148 sq.ft. including the sign detail on the canopy. Commissioner Blake asked what is the size of the other four parcels. Mr. Malave stated the four parcels are between an acre and an acre and a half. Commissioner Blake said he is concerned about a car wash operating at this site, given that there is residential behind where this car wash would be, the noise from the car wash is quite onerous during all hours of operations, and stated he has concern for the residents in terms of their quality of quiet enjoyment of their property and asked what steps could be taken to either build this project without a car wash or utilize some method to take care of the noise pollution from falling over to the other properties. Mr. Jones said there has been no evidence or testimony or any indication from the public that the car wash would cause a nuisance. Mr. Jones said the manufacturer has taken those steps to limit the noise pollution, and it should also be pointed out that the cars wash is about two blocks from the nearest house and it is buffered by the now wall that the Commission has asked for and is buffered by wetlands. Mr. Jones said there is no response to the question to build this Reeular Meetine City Commission Februarv 23. 1998 97-98-10 Paee 22 project without a car wash. Commissioner Blake said the only thing that stands between hard work and careful planning and long lasting good development is the strength of this Commission to stand up to the building standards that the Commission worked almost four years to put into place, and stated that this land owner well knew and had every opportunity to participate in the 434 New Development Guidelines, it was well advertised, public hearings, workshops, input by a variety of other land owners along the corridor who had substantial input and it is up to the Commission to make sure that the product we get on 434 is what we want and what we deserve and if this Commission looses strength now on the very first application - a gas station, what are we going to do next time and what are we going to end up with. Vote: Commissioner Miller: aye; Commissioner Blake: nay; Commissioner Martinez: nay; Commissioner McLeod: aye. Mayor Partyka arrived at 10:50 p.m. Deputy Mayor Gennell asked Attorney Guthrie seeing as the Mayor just arrived should she turn the gavel over to the Mayor or shall she take her vote on the motion on the floor. Attorney Guthrie said since this matter is on-going right now, he thinks that Deputy Mayor Gennell is entitled to vote as Mayor or now that the Mayor has returned, as Commissioner, because there is a tie, so she can go ahead and act on this matter then it may be appropriate on the next action to turn the gavel over to the Mayor. Deputy Mayor Gennell: aye. Motion passes. Deputy Mayor Gennell called a minute recess so the Mayor could take his place. Mayor Paul Partyka reconvened the meeting. Mayor Partyka apologized for the inconvenience but stated he just arrived from Germany. Motion was made by Commissioner Martinez to extend the meeting past 11 :00 p.m. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: nay; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay; Commissioner Miller: nay. Motion denied. Attorney Guthrie said this is up to the Commission, as to whether they want to continue a couple of items that are advertised for a date certain or from tonight for a date certain. Discussion on when to continue this meeting. Motion was made by Commissioner Blake to continue this meeting on March 2, 1998 at 6:30 p.m. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion passes. The meeting adjourned at 11 :02 p.m. Respectfully Submitted, ~_..._~.~L ~:'_l /~~.HOP~