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HomeMy WebLinkAbout1988 02 10 Planning and Zoning Board Regular Minutes PLANNING AND ZONING BOARD MINUTES February 10, 1988 The meeting was called to order at 7:30 P.M. BOARD MEM3ERS: David Hopkins, Present Gene Dorman, Chairman, Present Taru Joshi, Absent David McLeod, Present Michael Saporito, Vice-Chairman, Present CITY OFFICIALS: "__ D. LeBlanc, Land Dev. Coordinator J. Koch, Dir.Adm./Comp. Planning Approval of. Minutes of Jan~~ 1988: Dorman stated that he had an amendment to the minutes. Paragraph five should state that the first thing the Board needs to do is to make a finding of fact as to whether this change is consistent, or not consistent, with the previously approved developnent plan. McLeod moved to approve the minutes of January 27, 1988, as amended. Seconded by Hopkins. Vote: All Aye. Motion carried. 434 Partnership - 289 Acres South of State road 419/434 and East of Mockingbird Lane: Dorman stated for the benefit of the residents present, the City and Florida Land, the previous CM11.er of the property, had a settlement agreement dated in 1986 concluding costly law suits. An agreement was made whereby Florida Land was granted an approval to build 400 units on the property. He stated to the residents that whether the we like to or not the fact of the matter is that 400 dwelling units were approved by the settlement. There is no choice in the matter. The board has a choice as to the kind of zoning that is assigned to it, and other matters that may cane up of interest. He stated that this is not a public hearing per se, but the Board will give the residents a chance to speak. He stated that he wanted to clarify that the residents understand that the Board has no choice in the matter as to how many uni ts are built on the property but it cannot be more than 400. LeBlanc gave his presentation. He stated that the Board is not here to debate the merits of the settlement agreement, the contract was signed by the City Fathers and the Florida Land Company. It has to be zoned 400 units and in the agreement it didn't state what type of units, it could be Imllti-family, one acre estates, up to 400 units. Don McIntosh and Allan Keen, CM11.ers of 434 Partnership, are here with their presentation and to answer any questions. Sapori to stated that maybe he is misreading the agreement but he didn I t see anything in this agreement that binds this Board to take any action whatsoever to grant or deny. He stated that his understanding is that this is a normal application before this Board and this Board has a right to grant or deny the change of zoning. He stated that he does not believe that under the law the Ci ty fathers at this point can take the powers and authority fran this Board, otherwise why would we be here. Koch stated that the question is whether or not to approve the applicant's Planning and Zoning Board Minutes February 10, 1988 Page 2 request for R-1A, or whether to propose other residental zoning to use in order to develop 400 uni ts on the property. R-C1 zoning is not possible. Any other R zones and even PUD can be possible; these are the choices, and that is the role of this Board. The Board needs to make a recorrunendation whether the applicant's request for R-1A zoning is acceptable or if there is another appropriate zoning category for this property. Saporito stated that the document states that the City is willing to consider the proposed zoning changes and Florida Land will follow the normal processes outlined in the City Code to have said zoning changes considered. He stated that it is the Board I s job to reconunend or not recc:mmend the zoning change. Koch stated that the application before you is for R-1A and whether or not you find this or another zoning category appropriate. Donald McIntosh, of McIntosh Associates, Winter Park, was there to represent 434 Partnership. He stated that the application is for R-1A zoning. He showed the Board an aerial photo of the subject area. The application is excluding 103 acres on the east that was incumbered by a conservation easement. There has been a 14 month environmental investigation done on this property. The 434 Partnership has developed other projects in Central Florida such as Tusca Bay and SWeetwater Springs. The project area in the application is 289 acres which excludes the 103 acres that was mentioned. Approximately 205 acres of the 289 acres are usable. We have excluded the lands within the 100 year flood plane and lands that were determined jurisdictional by the Army CorPS of Engineers, The St. John's Water Management District,and Florida Department of Environmental Regulation with exceptions of railroad crossings and roads. He stated that the developer I s full intention is to abide by the rules and regulations of the City. The number of single family units preferred is 400. They have found through great deal of preliminary work to accanplish this after setting aside not only the environmental areas that we have talked about but ];Brks that are described in the agreement as well, they can provide 400 lots size 80' x 120', which is consistent with the R-1A zoning category. This will maintain the character of the area and the integrity of the property. We will continue to w::>rk on i terns as transportation networks which are a concern of the Ci ty. We will work with the planners to acconnnodate the long term plans for not only roadway construction and right-of-way reservation as prescribed in the agreement. The existing land uses of the adjacent properties are R-1A, R-1AA, PUD areas containing predaninately 80 I and 75' lots. We feel the application is consistent with the adjacent area. We have reviewed during the 14 month period issues such as the land use issues, utilities, transportation road networks, environmental sensi tivi ty and area stormwater requirements, for the purpose of being able to stand up from day one to be knowledgeable of the property. We have not yet finally designed this property because it is out of step with not first having the zoning approval. We w::>uld like to emphasize that we are not part of the Florida Land Can:pany. Planning and Zoning Board Minutes February 10, 1988 Page 3 Dorman asked when was the property sold by Florida Land to the 434 Partnership? McIntosh stated that it was in October of 1987, it was first placed under contract in January of 1987, which shows YOU that a lot of work has been done prior to the closing in October 1987. Saporito asked if there have been any studies on the impact of this proposed developnent on the roads in the immediate area. McIntosh stated not as of this date do we have a complete full blown traffic study but we have looked at the impact of 400 units on S.R. 434 with prospective improvanents. We have been looking at the connection potential of the properties to the west. The owners of the property are very much torn as to what this body as well as the City Commission would like to have done in relation to the connection to the west. We can either not connect the roadway to the property to the west or connect the road network to the west, depending on the preference of the Fire and Safety people as well as the benefit to the transportation overall network of the area. Saporito stated that in his understanding of the agreement that the road will go up to but not join. McIntosh stated that if that is specifically the case, we would be totally happy with it. Saporito asked if there has been a study on the impact of traffic on Tuscawilla Road. McIntosh stated that he didn't bring all the plans here tonight, but they have envisioned a road network from S. R. 434 on the north end of this property to the south boundary. Saporito asked about the approximate build out time. McIntosh stated that it would be 5 years or so. Saporito asked about the type of sewage disposal. McIntosh stated that they have a contract with the City and have presently purchased enough capacity for three hundred units. Hopkins stated that he was concerned about the traffic impact. Dorman spoke about an article that was in the Sunday Sentinel about the road changes, and that he thought S.R. 434 was to be widened to four lanes before 1991. Koch stated that S . R. 434 is in the design phase and DOT advised the City Commission that construction will be by 1992. However, Tuscawilla Road wouldn't be completed until the 2001 - 2005 year time period. She stated that the City would like to see that happen much sooner than the schedule. There was discussion on road rights-of~y. Dorman stated that the Board is concerned about the overcrowding of the schools. He asked if within the 205 usable acres or other property that the developer owns to the north, if it would be possible to dedicate part of the land for schools. P larming and Zoning Board Minutes February 10, 1988 Page 4 Allan Keen, one of the owners of 434 Partnership, stated that the other property is separate from this project. The other property is zoned commercial, and it would be very difficult and expensive to donate some of the property for schools. He stated that if the School Board wanted to purchase sane of the property, that they would sell sane to the School Board. He also stated that they could have asked for R-3 zoning, but they didn't think multi- family would be appropriate for this parcel. He stated that they would be willing to participate in a school impact fee. Dorman asked if the developer was aware that the City Code is under a change in relation to the lot width and side setbacks. Particularly the R-lAA zoning which nCM has a lot width of 80' and a side setback of 20 I, which only allows a 40 I wide heme. The change will be a lot width of 90' and a side setback of 10 I . This will cane before the City Commission for the first reading of the ordinance at the next Commission meeting. Dorman asked what impact would it have if this project was zoned R-1AA. McIntosh stated that the impact would be a loss of 15 to 20 per cent of the lots. Mary Rose, Curtis Moore, Kathy Nucci, Tony Pudwill, a gentleman from 709 Sailfish Road, Russ Henningsen, Locke Burgess, spoke against the project. Steve Coover, representing the Leffler Corporation, was there to speak for Ken Leff ler . He stated the concern of the Leffler Corp. was that of buffers. Dorman explained that the zoning now is R-U and in the agreement it is stated that Florida Land shall apply for R-3 zoning in the northern 40 acres of the property or acceptable zoning necesaary for 400 units. He stated that various zoning assigments could be made for the property wi thin the 205 usable acres, to allCM 400 units. Peggy Fletcher asked about an Indian Burial Ground. Dianne Brown, Local School Advisory Chairman, Keeth Elementary, stated that she has been involved in the school rezoning and that there are no new schools planned until 1990-1991, because there are no funds available. The school board is looking at land in this area to alleviate the overcrowding situation. She stated that she would like the Board to recommend to the City Commissioners: 1. Meet with the school board to discuss the paying of impact fees, or the donation of land. 2. Study impact of grCMth in the area in relation to educational systems. 3. Set a moratorium on growth until a study has been done in relation to the education system. Hopkins stated that concerning the road system through this project, instead of alleviating the traffic problem this might be just displacing the traffic and may complicate matters with the addition of 400 more homes. He stated that in view of the school,road, and traffic and environmental situation he feels that the Board carmot go along with this project at this time. REVISED PAGES - PLANNING AND ZONING BOARD MINUTES, FEBRUARY 10, 1988 Plarming and Zoning Board Minutes February 10, 1988 Page 5 There was question on the next step of this request. Dorman stated that the Board will make a reconunendation on approval, disapproval or approval with mcxiification to the City Camnission. This will go before the City ConIIlission with the Board's recamnendation on February 22, 1988, and the Camnission will hold a public hearing probably the second ~ in March. He stated that any ci tizen may speak to the Camnission at that time. McLeod stated that in several places throughout the document this is an agreement basically stating the Florida Land and the City came to a point to negotiate. It does not say that the City is definitely going to allow 400 uni ts on this property. It says if it goes into the proper zoning and proper procedures and the right coordinates wi thin a reasonable aDDUllt of time the Ci ty will do everything in its behalf to allow this to happen. At this time this is only an agreement that states the City will do certain things wi thin a reasonable amount of time, and Florida Land will come back to the City within a reasonable amount of time with a plan showing the adjoining roads with the curbing, showing the water systems, and is only allowed to build an R-3 area which will be in the upper northern 40 acres of the property, other than that it continues to stay R-U the way it was. It could have 400 units in the 405 acre site but the majority being in the 40 acre area and only having access onto S.R. 419. He asked if this is what the developer is reading into the document. McIntosh stated that the reason they are applying for the R-1A zoning is they felt it is consistent with the area. McLeod asked the developer if they feel they can develop up to or exceeding 400 hanes. McIntosh stated that they only would like to develop up to 400 units. McLeod questioned McIntosh whether what the developer is really doing is not looking at the document but asking the Board that they would like to change the zoning to R-1A. McIntosh stated yes. McLeod then asked whether the developer will try to live up to what the document states and will bring up before the City Camnission the proposed road plan, drainage and also the easement along Bahama that is not actually connecting to the property. McIntosh stated yes. There was discussion on the notification of the residents with property abutting the subject property and on when this request will go before the City Camnission for a public hearing. Dorman stated that this Board requests the Ci ty Camnission to send a letter to the abutting property CMners to notify them when this canes up for public hearing. All Board members agreed. Hopkins moved that, in view of the current road situation and traffic problems that we have in our City and problems with canmunication lines with the school Board and also the environment here in Winter Springs, to recamnend to the City Camnission denial of this zoning change. Seconded by Saporito. There was discussion on the motion. Saporito stated that he can't vote for a zoning change in that area due to the traffic situation on Tuscawilla Road. He Plarming and Zoning Board Minutes February 10, 1988 Page 6 stated that he can I t believe that this will do anything to alleviate it, he cant believe that this will be beneficial to Oak Forest to open a road way from one sul:xiivision to another. All that this will do is permit people to come in fran 434 to bypass the traffic congestion on 419 and Tuscawilla Road. He stated that he feels that this would increase the danger to the residents of the suJ:xiivisions. He stated that there is no reason to approve something that would be harmful to the residents in the subdivisions. He also stated that the Board should not approve something that would increase substantially the burden of traffic on our already over burdened highway. He stated that he is not convinced that the school systems will be able to absorb the people who will take up residence in the subdivision or any new subdivision that comes before this Board, and not convinced that the fire and police services, with some of the response time, can be extended until we can do something to enhance the abili ty of the service the Ci ty provides. He stated that he can't in good. conscience vote for this request. Dorman stated that he agrees with most of what was said, that there is concern wi th the crowding of traffic and schools and so on. He stated that the fact is this settlement agreement is for 400 units. Vote: Dorman: nay; McLeod: aye; Saporito: aye; Hopkins: aye. Motion carried. The meeting was adjourned at 9:05 P.M. --i;~ Margo Hopkins, Recording Secretary Plarming and Zoning Board