HomeMy WebLinkAbout1990 11 07 Planning and Zoning Board Regular Minutes
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PLANNING AND lONING BOARD MINUTES
November 7, 1990
The meeting was called to order at 7:35 P.M.
.BQ~1~1~U~1E11Bl?'S_=-_______
David Hopkins, Chairnvm, Present
John TY-mgellotti, Present
John Torcaso, Present
David McLeod, Vice-chairman, Present
John Horan, Present
CJTY_.Q~~]1'Ic::I~S_.: ______
J. Koch, Dir.Adn./Cornp.Planning
D.LeBlanc, Land Dev. Coordinator
T. Lallathin, Asst. Fire Chief
J. Govoruhk, Police Chief
hppx...oyal ~ M.inuj;~t S~p~n~ger.)_~,-_1~90_~_..
Torcaso moved to approve the minutes of September 19, 1990.
Langellotti. Vote: All aye. Motion carried.
Seconded by
.f...PPX.9~c~l__rif Mln~~es of Qc;;to~}Z_~l 1990:
Langellotti moved to approve the minutes of October 3, 1990.
Horan. Vote: All aye. Motion carried.
Seconded by
Recommendation to City Commission Regarding Taking Initiative in Code
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Hopkins stated that at the last meeting the Board discussed the role of the
Code Enforcement Officer within the City. It had been brought to the attention
of the Board that the Codes violations were not routinely cited unless there
was a complaint signed and forwarded.
Langellotti stated that presently the Code Enforcement Officer is in the
process of getting tl1f~ department setup. This should be completed by the first
of the year and at that time will be able to act urx>n any violations without
first having a complaint.
Chief Govoruhk stated that around the first of the new year the Cooe
Enforcement Officer will have her own transportation and will enforce all Codes
without having a signed complaint.
McLeod asked if the Code Enforcement. Officer will have the :p<:Mer to site
violations when she sees them.
Govoruhk stated that the Code Enforcement Officer has the power now, according
to the Code, to give a written WRrning and if the violation is not corrected
then the violation will go to the Code Enforcement Board.
McLeod stated that at this time the Board should wait and see what is enforced
and what becomes p3rt of the procedures. The Board was in agreement with this.
Hopkins stated that no action will be taken on the recommendation at this time.
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Planning and Zoning Board Minutes
November 7, 1990
Page 2
Hequest of Florida Land Company for Alterat:ion to the Preliminary Development
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Leblanc stated the Board has a set ot plans at their seats which is for a
special meeting to be ht'ld on November 14, 1990, for the preliminary
engineering-final development plan of the Highland L:lkes sul:x.Uvision.
LeBlanc stated that for tonight's meeting Florida Land Company is asking for an
alteration to the preliminary development plan ot the Highlancl.s PUD. The Boar'd.
has received Staff conunents in the package that was sent. Mr. Gerald
Chancellor, representing Florida Land Comp..-my, is present for any questions;
also City Staff present for questio~s are: J. Koch, J. Govoruhk, T. Lallathin,
Capt. Pilcher, A.M.S.
LeBlanc stated that the Board has three options: the Board Jl1aY find the
amendment con.sistent with the ll\.-.'=l.Ster development plan, the Board may find it
inconsistent with the master development plan. and then the request would go
before the Carunission with or WiU10ut recomnendations, or the Board may call a
Public Hearing to be held at a later date. LeBlanc stated that the abutting
property owners were notified of tonight I s meeting.
Hopkins asked how many property owners were notified. There were seven, and
also out of courtesy the Highlands Haneowners Association was notified.
Gerald Chancellor, representative for Florida Land Company spoke for the
request. Chancellor gave the Board a package of a color aerial of the property
and letters written over the last several months. He stated that the Ci ty owns
property to the north, to the west is Highlands Village Phase II, which is a
zero lot line patio home development, to the east there is a buffer zone and a
caronercial warel10use operation, and to the south is undeveloped property that
fronts on Edgemon Avenue.
Chancellor stated that the property that they want to develop is approximately
ten acres and the developer is proposing to build 39-40 single-family zero lot
line homes; this is the development that is coming before this Board next week
on November 14, 1990. On the plan the Board will note Shepard Roa.cl. being
proposed from the te:nninus from the City property through to the south to
remaining undeveloped pro~rty. 'l'he plan was approved many years ago with
Shepard Road shown looping through to Edgemon Avenue. The developer feels that
there are a number of alternatives that could be considered by the Planning and
Zoning Board and the City COllunission and City Staff with regard to what can be
done wi th Shepard Road. The developer is in the posi tion of simply needing
direction a::; to what the consensus might be: Shepard Road to be put in as a
collector road or Shepar~ Road not to be put in at all, or to consider Sher~
Road as a local road and not a collector road.
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Planning and Zoning Board Minutes
November 7, 1990
Page 3
From the project's standpoint, he can design the project to fit any scenario
wi th no impact on the development. The developer realizes that the PUD master
plan does have Shepard Road going through to Edgemon Avenue.
Hopkins stated that what he is asking for is an al teri'ltion to the master
development plan to delete Shepi'lrd Road. Chancellor stated yes they are ac,~king
for the deletion of Shepard Road and what to do with Shepard Road. Chancellor
stated that they would like direction as to what to do with the road if the
Board decides that Shepard Road is to remain.
Koch asked what the developer means to delete Shepard Road. Chancellor stated
he meant not to build the road and incorporate the 60' R-Q-W into lots, open
space, etc. He stated that the developer had submitted a plan to the City in
July 1989 and the plan did not show Shepard Road going through to Edgemon
Avenue. He stated that the plan was returned because Shepard Road W--.\S not
shown and the City could not review the plan until this was corrected and the
plans were reviewed by the Highlands Haneowners Association.
Chancellor stated that the developer would like to reach a goal that makes
everyone happy. He stated that thr:.>y are not looking to force the deletion of
Shep-""lrd Road. Koch asked what does the developer want to do instead of
building Shepard Road.
Hopkins stated that the application before the Board is for the deletion of
Shepard Road. Chancellor stated that the developer is looking for direction.
Hopkins stated that the City's traffic consultant, Mr. Bill Tipton, is present,
and asked what impact the deletion of Shepard Road would have on traffic
movement in that area of the Ci ty.
Mr. Tipton stated that he has made an overview of the situation and found that
over time the developer has been piecemealing the road. The original plan for
the Highlands is for a good collector road dpsign with curves and speed l~nits.
Now the developer is asking to cul-de-sac the road but ffis not made it clear
just what hf~ w-cmts done with Shepard Road. He stated that Shepard Road is too
long to cul-de-sac. There is a need to have more than one way in and out of
the area and 'this would help relieve the pressu.re of the traffic on the
existing roads in the Highlands. Mr. Tipton stated that he recommends that
Shepard Road be continued through to Edgemon Avenue for traffic flow and
safety.
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Planning and Zoning Board Minutes
November 7, 1990
Page 4
Hopkins asked Tipton if there were any alternatives to Shepard Road. Tipton
stated that he looked at extending Shepard Road to MacGregor Road but MacGregor
was not design to be a collector road, there are driveways just about every
fifty feet and then it exi ts onto Third Street where there is a very short
block over to Sheoah Boulevard. He stated that he had determined that
connecting Shepard Road to MacGregor Road was not appropriate.
Horan asked about any connection onto to SR 419. Tipton stated there is no
plan to connect Shepard Road onto SR 419.
Hopkins asked the Board whether this application warrants a Public Hearing.
There was discussion.
Horan read a portion of Section 20-358 of the Code for the residents present so
they could understand what procedures the Board has to follow.
Chancellor stated that if Shepard Road was to be deleted then he would design
the road to connect to fvlacGregor Road. The request is a substantial change to
the Highlands POD and the request should go before the Corronission. He asked
Tipton aoout Edgemon Avenue being a collector road and it has driveway cuts
along the south I;X)rtion of Edgemon Avenue. Tipton stated that there are
drivE."way cut::; on Edgemon Avenue south of SR 434 and Edgemon ^venue was built as
a local road but try to serve as a collector road.
Langellotti asked if the City has any intentions for Shepard Road. LeBlanc
stated th:it when the property ~ers build their portions of the road, the City
would build their section.
Koch asked if Shepard Road was not completed hr:w would the remainder of the
High.lands have access to the amenities of the Highlands Clubhouse, how would
the develolJer de::;ign the road so the residents would not be isolated from the
amenities.
Hopkins stated that the job before the Board is to look at the alteration and
determine whether this request is consistent or inconsistent with the
previously approved master development plan. He o~ned up the floor to any
residents who would like to specik on this requ~st.
Phil Kulbes, resident of the Highlands, stated that he would like to clarify
something concerning the road across the effluent plant. He stated that the
Ci ty has never taken into consideration building this road. He stated that
Staff is taking this into consideration with the Comnission not l<nowing about
it.
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Pl<:mninq and Zoning Board Minutes
November 7, 1990
Page 5
Kulbcs stated that there is a possiblc alternate solution to the extension of
She~3rd ROctd, extend Shepard either to &lgemon or to MacGregor or talk to the
property ovmers to the south to lOClke an agreement for a road in from Edgemon to
serve:;; both pror:)(~rties. Consider the benf~fits versu::; the problems. TIle
beneh ts w:Juld 1:x~ the response Urne for }JOlice and fire. Kulb'2s stated that
you have to think of how lTIany times will an eme~Jency exist for the use of
Shep;-lrd Road. Hopkins stated. that ju.:;;t once v.ould benefit. He ::;tated that the
residents are concerned about protecting their neighborhood.
Tor~~so mentioned that the Homeowners Association approves all development in
the Highlands PtJD. Kul'bes stated that the Homecmners Board of Directors is
against the opening of Shepard Road.
Mcv~ stated that the Board has a letter fram Kathleen DeGrenia which states
that the Homeowners Association wishes the City great success in the opening of
Shepard Road, they have revi~ and approve of the plan.
vJ Kaplan, resident of the HighlanQs, stated his opposition to the opening of
Shepard Road to keep traffic out of the neighborhood.
Mel Glick.rnan, president of the Board of Directors of the Highlands, stated that
if all the residents bad been aware of this meeting there wou1d be more
residents present. He stated t~tt he f~~ls this request merits a public hearing
so all residents could attend and possibly discuss an alternative to the
extension of Shepard Road.
LeBlanc stated that there is a letter the Board was given from the City Manager
stating that the Shepard Road extension was to be made and the letter stated
tv.o options available to the developer.
Ruthanne Kulbes, resident of the Highlands, stated that regardless what has
taken place in the past, the residents were not aware of this and it is now
time to look at tbe future.
Skip Drumhour, resident of the Highlands, stated his concern about the opening
of Shepard Road, and mentioned that a workshop should take place to resolve
this situation. He also mentioned that he is concerned about the traffic that
this extension would create.
Hopkins stated that there are so many implications that maybe the Board should
call a public hearing on this request.
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Planning and Zoning Board Minutes
November 7, 1990
Page 6
Jim Conger, member of the Highlands Board of Directors, stated that to the best
of his knowledge the Highlands Board of Directors has not taken a stand pro or
con on the Shepcw Road extension.
JoAnn Maddie, residE:'ilt of the Highlands, stated her concern of the Shepard Road
extension, that there will be problelIlS with crime in the neighborhood, and
concerns about the children who play in the area and the joggers that are in
the area. She stated that these concerns should weigh with the consideration
of response time.
warren Williams, officer for the owner of the land to the south of the proposed
Highland Lakes subdivision, stated tl~t he has discussed this with Crr~cellor
and Ms. DeGrenia for about a year and a half and many suggestions ~re
acceptable but not to the City Stuff. TI1e Staff said that this road hcd to be
a collector road. He stated that he doesn't mind if the road does not go
through so long as there was an access to get in and out of the Highlands. He
stated that if the road goes through, he feels that the ro.:'ld should be a
meandering road and not a collector road.
Bob Jennings, representative of Mindich Homes, builder of homes in F~gle Glen
and Highlands Village, stdtc.>Cl that MacGr~or is not sui table for a lot of
traft ic and stated that this requ.est should have a public hearing so the
residents in Eagle Glen can be represented at this hearing.
Hopkins stated that the Board's PUrpose is to consider the proposed amendment
to the previously approved master development plan and detl:::'rlnin..::' whi:::..ther it is
consistent with the master plan and the consistency is based upon the purpo~.;e
and intent of the PUD district, the concept, land uses, c1ensi ties and phasing
and any other pertinent ordinances or regulations; these are tl~ three areas
that tl:~ Bodrd needs to find consistent or not consistent. If the Board finds
"the request is not consistent wi"th the previously approved master development
plan then the request gets fo:rwarded onto the COJlunission. If the Bo<-U'd finds
the request consistent then the Board can approve it as is or with amel1l:Jments.
Or the Board can call a Public Hearing before making a finding.
McLeod said M.s. DeGrenia h..."'\5 a set of plans for Highland Lakes which sho\.1
ShePard Road which the City requires. She stated that the City has required
this road to be shown as a collector road. In 1989 a plan c<.l!l\e before the
Board of Directors showing Shepa.rd Road meandering with curb cuts and hooking
up to MacGr~or Road. 1'ha.t plan was taken to the City and WdS refused. because
Shepard Road was not shown as a collector road.
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planning and Zoning Board Minutes
November 7, 1990
Page 7
There was discussion on the request.
McLeod stated that he has a problem with amending the PUD without having an
al ternate way sho;dng the proper information giving an alternate way of looking
at this project.
Chancellor stated that he agrees that this request is a substantial change and
is in approval of a public hearing before the Commission.
Horan moved that this Board make a finding that the application su1::rni tted by
Florida Land Company is not consistent with the purpose and intend of the PUD
district nor consistent with the concept, land uses, densities, phasing of the
approved preliminary development plan and pass this recommendation along to the
Ci ty Commission with the request that the Commission has a public hearing after
due notice to all of the residents on the application request. Seconded by
Langellotti. Vote: All aye. Motion carried.
The meeting was adjourned at 9: 25 P.M.
Respectfully SUbni tted,
Margo Hopkins, Recording Secretary
Planning and Zoning Board