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HomeMy WebLinkAbout1987 09 23 Planning and Zoning Board Regular Minutes PLANNING AND ZONING BOARD MINUTES September 23, 1987 The meeting was called to order at 7: 30 P. M. BOARD MEMBERS: David Hopkins, Present Gene Dorman, Chairman, Present Taru Joshi, Present Terri Donnelly, Present Michael Saporito, Vice-Chairman, Present CITY OFFICIALS: D. LeBlanc, Land Dev. Coordinator J. Koch, Dir.Adm./C. Planner APPROVAL OF MINUTES OF AUGUST 26, 1987: Saporito moved to amend the minutes to state: Saporito moved that this Board make a finding of the fact that this Board that this change is inconsistent with the previously approved Master Developnent Plan and cite both sections. Dorman also moved to amend the minutes to state: In Donnelly's motion it should read; Donnelly moved to recormnend approval of the change to the Master Developnent Plan with the stipulation the final developnent be consistent with the area that is presently abutting the property. Joshi moved to approve the minutes as amended. Seconded by Saporito. Vote: All aye. Motion carried. 'ruscawilla - Clarification of Land Use Designation for Parcel 51 which is Presently Condominium. Can Garden Apartments be built as rental uni ts with conversion to condominitmlS at a later date: LeBlanc gave his presentation. He stated that the chairman received legal opinion from the City Attorney on this date. The question is whether or not the property can be developed with garden apartments rental units now and later turned into condominiums. He stated that by the definition it requires a land use change. He stated that Mr. Affelbach and the builders are here to speak for the request. Jack Affelbach, Vice President of the Winter Springs Developnent Corporation spoke for the request. He stated that this parcel is the last parcel on the golf course property, it fronts Winter Springs Boulevard and up the road a little from the 7-11 and down a little from Georgetowne. Dorman stated for clarification the property is located near the entrance of Country Club Village and the Country Club building on the south side of Winter Spr ings Boulevard. Affelbach stated that this is a different request; it is a clarification. 'The developer /builder is not trying to go against the rules of the City. The intention of the builder is to have an up-scale multi-family rental project on the golf course. The discussion has been to rent the units for a time period and later convert to condaninium. The density ~d not exceed 12 units per acre. The attempt is to keep in the condominium classification. Dorman asked if there are any questions from the Board. Plarming and Zoning Board Minutes September 23, 1987 Page 2 Hopkins stated that Condominium, as far as the definition in the Code book states, pertains to actual ownership, and it appears that this is two differen~ issues, and this is not a clarification but more of a change. Saporito stated that he doesn't understand the purPOSe for renting and then go to condominium. Affelbach stated that that is the decision of the builder and he doesn't know why. Saporito stated that when there is ownership, the owners take more pride in the property; and with rentals there is a lack of interest in upkeep. Donnelly stated that it is common for apartments to be converted to condominiums, and asked if it was customary for a land use change when there is a change from apartments to condo's. Affelbach stated tha~ the City and County are here to protect the public through set-backs, density, and building code. He stated that he doesn I t feel the City should have control as to the type of ownership, and is not wi ~hin the power of the government to state that there has to be one owner of that particular building on parcel 51 vs 100 individual owners , he stated that he feels that this is dictating ownership. Dorman stated that he asked for legal op~n~on from the City Attorney, and stated that he received the opinion from the City Attorney this afternoon, and that was that this land has a land use designation Condominium, which implies ownership by definition in our Ci~ Code. Garden apartments on the other hand does not imply that; the definition is from the Webster I s Dictionary which the Attorney goes to when not found otherwise; apartments are occupied on a lease basis for a limited time. Dorman stated what needs to be done is for the developer to come before the Board requesting a land use designation change, and this is the process that he has to go through. He stated that this is not a question the Board can decide now because of the legality involved, it has to cane before the Board as a land use change. Koch stated that it might be clearer to look at the plan for ;ruscawilla. It is a matter of a change to the designation for a particular parcel on an approved master plan for a Planned Unit Developnent. The Tuscawilla map, as amended over time, is what applies. In any consideration of Tuscawilla the concept that we are bound by is that map. The master plan for this PUD has three distinct residential categories - single-family, condominium, and apartments, and the map specifies where each can be built. The plan has always shown the exact location where apartments are permitted; on the current map apartments are allowed only at the sites on State Road 434 near Tuscora Drive. Dorman s~ated that the major question is ownership. Planning and Zoning Minutes September 23, 1987 Page 3 There was discussion on the request. It was determined that the Board must canply with the Master Developnent Plan for 'fuscawilla. Affelbach stated that the developer wanted to build similar to Casa Park Villas, as there is rental and single ownership. Dorman stated that on the application the applicant stated that the purpose and intent of the request was the clarification on use of Garden Apartments at 10 units per acre with eventual conversion to condominiums. Koch stated that if the developers wanted to operate similar to Casa Park Villas, they would not need an approval, because in fact they ~uld be building as condominiums; building to code standards, and filing documents. Affelbach asked for a 10 minute recess. Dorman recessed the meeting at 8:00. Dorman reopened the meeting at 8: 08 . Afflebach stated that the developer would like to withdraw the application at this time. The builder stated they had wanted to eliminate the costs involved in creating a condominium at the onset and start as rental for a number of years . Dorman stated that LeBlanc added another item to the agenda; a review of the zoning dimensions from the last meeting. All members voted aye to add the item to the agenda. LeBlanc asked the Board if the Board wanted the figures from the last meeting to be presented to the Connnission. Dorman stated yes with the exception that he did not intend for the maximum buildable area to be part of the code; it is really not that important to be put in. All agreed. The meeting adjourned at 8: 27 P.M. Respectfully submitted, ~~ Margo Hopkins, Recording Secretary Planning and Zoning Board