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HomeMy WebLinkAbout1989 03 15 Planning and Zoning Board Regular Minutes PLANNING AND ZONING BOARD WJRKSHOP t-Brch 15, 1989 The meeting was called to order at 7:35 P.M. BOARD MEMBERS: David Hopkins, Present Gene Dorman, Chairman, Present JOM Torcaso, Absent David McLeod, Present Michael Saporito, Vice-Chairman, Present CITY OFFICIALS: J. Koch, Dir.Adm./Comp. Planning D. LeBlanc, Larrl Dev. Coordinator Camnissioner Partyka Dorman stated that the purpose of the workshop is for the Board to become acquainted with the potential change of zoning designations wi thin the Tuscawilla PUD and/or changes of Larrl Use designations wi thin the PUD. The meeting has been called and directed by the City Commission in response to a motion made by Commissioner Partyka for this Board to conduct a study to determine whether it would be better to make the zoning for Tuscawilla residential R-1AAA, and/or review all land use classifications within the PUD or have any other issues associated with the property that are in the interest of the public resolved. Dorman stated that he views the purpose of the workshop primarily this evening is for the Board to becane fully acquainted with what exists and what the Board thinks might be potential changes or better uses of the land. He stated that the study results cannot be canpleted as a result of a workshop only. He stated that there should be an advertised Public Hearing so that the public can make connnents as well. Saporito asked if the Board would be looking at the rezoning of the whole PUD. He stated that if this was the case, he would have a conflict of interest as he lives in Tuscawilla. Hopkins stated that he is not sure if the Board should be looking at this subject now because of the vested rights situation as it now starrls. Saporito agreed and stated that he was not sure if the City has the authority to make any changes. He stated that he would like to know this before any decisions are made so as not to violate anyone's rights. Saporito stated that the law states that if zoning is established and the developer meets the qualifications there is nothing that can be done, the land can be developed as long as all the criteria is met under the zoning classification. Moti Khemlani, President of the Tuscawilla Homeowner's Association, was present and spoke on the subject. He stated that he didn't feel the Board was prePared for this meeting. He stated that the City Attorney has approved the authorization of this meeting. He also stated that if a Board member feels there is a conflict then that member can remove himself from the vote. P larming and Zoning Board WJrkshop i March 15, 1989 "- Page 2 Khemlani stated that the individual pu'cels that have land use designations which were designated in 1972 are not cast in concrete in 1989, and are subject to review. He stated that the Planning and Zoning Board's job is to review the Tuscawilla PUD. He also stated that the only authority that has the right to change this is the City Conmission. Khemlani stated that if the Conmission feels this Board should review this, then this Board should review this issue. Koch stated that the purpose of the Planning and Zoning Board is to give a citizen's perspective on the substantive aspects, not the procedural ones. The question given to the Board is what land uses are appropriate. Hopkins stated he understood that the Camnission has chosen to hear the developer I s concerns, then the resident's concerns, and then at the same time it is put before the Planning and Zoning Board. Khanlani stated that he feels that some members of the Board are ra~slng a concern bases on a legal matter and is second guessing the City Attorney and they have no right to do this. Sapori to stated for the record that there are two attorneys to every controversy and you don't second guess one; either one is right and one is wrong or they are both right or both wrong. In this case we have one attorney's opinion, one time in one event. He stated he is not certain in his mind whether it is right or wrong, and stated that he d,oesn' t want to step into sanething that will cause him a problem. Secondly, he stated that he is not sure what the Board's mission is and neither does Khemlani and neither does anyone else in this room. The way the motion made by Conunissioner Partyka is worded it is not clear whether the Board is to look at the whole PUD and make a determination whether the whole thing should be R-1AM or whether we should concentrate on one certain part of it and substitute what the Board thinks would be better than what the developer thought was good at that time and what has been subsequently passed and repassed. He stated that until the Board kna-./S the determination on that threshold question, he does not want to put himself in the middle of a conflict. He also stated that there are two people on this Board who might be in that conflict. . Dorman stated that the whole problem came up with the proposed shopping center. The purPQSe the Board is here tonight is to look at the corrmercial land in the core of Tuscawilla, and that the Planning and Zoning Board was directed by the Camnission, as they are looking into the vested rights, to review the land under discussion and whatever other lands might need to be redesignated. Camnissioner Partyka clarified the intent of his motion. He stated that the intent is to find out whether is makes sense or not to rezone the entire PUD to residential or something else. Basically the whole intent is to give this to the Plarming and Zoning Board to review all data available, and does it make sense, based on the environment, to rezone Tuscawilla to residential or anything else that the Board sees fit. What we are trying to do here is to get Tuscawilla from a PUD, which is sane thing very loose, to something tight. Planning and Zoning Board W:Jrkshop March 15,1989 Page 3 Commissioner Partyka stated that he does not know all the procedures of rezoning, and the Board needs to look at what make sense now. Dorman stated that trying to invert different sections of Tuscawi1la to fit into the residential zoning the City has w:mld be hard because there are different sections that w:mld not fit within the regular zoning categories. Commissioner Partyka stated that the Board could develop new zoning classifications to make the areas in Tuscawilla fit into a residential zoning classification. Donnan stated that looking at the undevelOPed sections of Tuscawilla would be more appropriate than to redo everything. Saporito stated that if the Board came up with other residential zoning for the City to accommodate Tuscawilla, it may cause a reverse impact on other parts of the City. This may defeat the PUrpoSe that it was brought up to alleviate. Sapori to stated his concern of a law suit being brought up against the City. Camnissioner Partyka stated that this is not the concern of the Planning and Zoning Board. The decision is upon the City Conunission and if anything it w:Juld be brought up to the Cormnission. Dorman stated his concern of the different setbacks, etc., in each area of the PUD. Camnissioner Partyka stated that if this is the c~e, then there is an inconsistency within the PUD. Dorman stated that this is mutually compatible within the PUD. Camnissioner Partyka stated that if there is no zoning to fit the area, then create one. He stated that maybe this w:Juld make a better PUD ordinance. Dorman stated that a PUD ordinance gives the residents some strength as to what is going next door to them, which other zoning in the City doesn I t provide. Camnissioner Partyka stated that it doesn It; the owner of the property can redesignate land use within the PUD. Donnan read from the Code book, page 1000.1: "to provide for planned residential conununities containing a variety of dwelling types and arrangements, complementary and compatible conunercial centers." He stated that he feels this gives the PeOple a lot of strength. Commissioner Partyka stated that there is going to be a major industrial park adjacent to Tuscawilla, maybe this should be another consideration to review the PUD issue. Sapori to made a statement to the Chainnan that he cannot vote on rezoning the whole Tuscawilla PUD, as he lives there and this would be a conflict of interest to rezone property he owns. Dorman asked about just rezoning the undeveloPed portion. Saporito stated he could do this but not the whole PUD. W:Jrkshop March 15, 1989 Page 4 LeBlanc shCMed the Board where the undeveloped properties are located and the present land use designation for each property. The Board discussed the undeveloped property in the Tuscawilla POD. Dorman recessed the workshop for a break at 9:25. Dorman called the meeting back to order at 9: 40. The Board discussed the possibility of changing the land use arotrnd the property of the fire station to several other designations. They also discussed the possibility of commercial land use for the land to the north that abuts State Road 434 near the beltway interchange. Dorman reminded the Board of a meeting with the City Attorney on March 22, 1989, at 6:30 P.M., and the Board agreed to continue this workshop after the meeting with the Attorney, and the workshop will begin at 7:00 P.M. The meeting was adjourned at 10:10 P.M. Respectfully Submitted, ~~~ Margo Hoj;Kins, Recording Secretary Planning and Zoning Board