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HomeMy WebLinkAbout1991 07 17 Planning and Zoning Board Regular Minutes .,c\ ,.-...... .", ., PLANNING AND ZONING BOARD MINUTES July 17, 1991 The meeting was called to order at 7:35 p.m. BOARD MEMBERS: David Hopkins, Chairman, Present David McLeod, Vice-Chairman, Present John Horan, Absent Martin Trencher, Present John Ferring, Present CITY OFFICIAL: J. Koch, Dir. Adm. / Compo Planning D. LeBlanc, Land Dev. Coordinator Approval of Minutes of Mav 15. 1991. Trencher moved to approve the minutes of May 15, 1991. Vote: All aye. Seconded by Ferring. Reversal of items 5 and 6 on tonight's agenda regarding the discussion of affordable housing and the review of land use designations of undeveloped properties in Tuscawilla. Trencher moved to reverse agenda items 5 and 6 for discussion purposes. Seconded by Ferring. Vote: All aye. Review of Land Use Desionation of Undeveloped Properties in Tuscawilla. Hopkins noted that there is a settlement agreement involved regarding the land use of undeveloped properties in Tuscawilla. The City Commission has directed the Board to review the zoning issue. Hopkins stated that a Public Hearing be scheduled so everyone has the right to be advised of this meeting, followed by possibly several workshops. A final Public Hearing will then be scheduled. Ferring asked if City Attorney Kruppenbacher was requested to be present at this meeting. Hopkins said he was not so directed. Ferring noted that since Kruppenbacher has given direction to have this issue brought before the P&Z Board again, it would be proper for him to be hereto provide guidance. McLeod stated the Board needs time to review the basic Settlement Agreement and also inquired about the date of the Agreement. It was noted the date was September 11, 1990. Hopkins agreed with McLeod's suggestion regarding review of said document. McLeod also stated that the Board had been requested previously to review Tuscawilla and he wanted to know what has changed since that earlier review. Hopkins said the basic direction from the Commission is the same as before, however, the Board's final recommendation t9 the Commission came in May of 1989, prior to the Settlement Agreement. Since two years have passed since the Board's last review, the Commission has requested they review the issue again. Ferring stated that he would like to review all the information which has come forth since the Board's last review, including information the City Attorney as alluded to. Koch replied that there were no limitations as to the recommendations of the Board in terms of suggesting what an ideal planning solution would be. The City Attorney then would advise what could be done along with any associated risks. r" ~ ,.... Planning and Zoning Board Minutes July 17, 1991 Page 2 Trencher proposed a format to proceed through this review procedure along with obtaining several informational items. 1) Create a list of all pertinent related issues; 2) Hear from the community and measure their desires through Public Hearings and resident surveys; 3) Hear from all interested development parties and landowners who would be affected by any changes; 4) Seek independent legal counsel to review the Agreement and its potential standing in rezoning the PUD; 5) If that opinion renders that the Agreement is not effective in judging the rezoning issue, several proposals should then be developed through workshop meetings and Public Hearings regarding alternative uses of the properties. Hopkins noted that this may involve an analysis which is too indepth for the purposes of an advisory council such as the P&Z Board. Legal opinions should be left to the Commission and the City Attorney. Ferring said prior to obtaining an independent counsel, we should seek direction from the City Attorney to see if this is an advisable course. McLeod again questioned the purpose of the Board's discussing this issue at this time. Hopkins stated that the Board would like an opinion from the City Attorney regarding the applicability of the Agreement in this issue. Paul Partyka, 684 Oswego Ct., City Commissioner, spoke to the Board regarding the request of the Commission. The Commission and Kruppenbacher previously stated the City can administratively review anything. The Board's job is to look at the PUD in terms of a Land Use Plan. Then the Board makes recommendations to the Commission, who will note any legal concerns and make their decision. Partyka continued that over the past two years, several changes have occurred within the PUD: 1) The whole "settlement area" has been settled; 2) The golf course question regarding the location of a motel or apartments; 3) More homes are being built making the entire PUD more residential in nature; 4) Several pieces of land were subject to some kind of decision. The idea is to have the Board review the current situation and see what can be suggested to make the area residential land use. Hopkins asked Partyka if the Agreement affects all the undeveloped properties in the PUD. Partyka said he didn't think so, but he couldn't say for certain. Ferring stated that Koch previously said she would not change from PUD at this point, but would reinforce the City Ordinances to fully protect the residents' desires. Partyka noted that Koch stated she would redesignate pieces of land to something else.. McLeod asked if the Board is to look at the entire PUD or just undeveloped parcels in regards to rezoning. Partyka stated the Board is to review the entire PUD. The issue should be to come up with an ideal land use review for the PUD. Hopkins noted there was no need at this time for legal opinions as the Board is only looking at land use planning issues. ,--. J ~, Planning and Zoning Board Minutes July 17, 1991 Page 3 Moti Khemlani, 605 Morgan St., president of the Tuscawilla Homeowners Association, addressed the Board. Khemlani quoted Kruppenbacher stating legal and planning issues should not be mixed. Khemlani advised the Board to look only at the planning issues. Hopkins stated that the general public is not to provide direction to the Board. Khemlani said he has several serious problems with the PUD designation. It doesn' t protect the residents and has cost the City unnecessary money. Khemlani used the example of the developer stating he had a vested right to build a shopping center, contrary to the beliefs of the residents. The residents want protection from commercialization of any parcel within the PUD. Hopkins asked if the commercial land use designation within the PUD is a threat to the residents. Khemlani affirmed this and further stated that the golf course should remain a golf course, with no more residential development. Hopkins asked Koch whether there was any residential property under the golf course designation. Koch stated that according to the current PUD map, the only open area on the golf course property is labeled "Golf Cottages" and is approximately 2.5 acres. Trencher noted the current land designation map for the PUD is not the 1971 map, but is the one currently before the Board. Trencher asked Khemlani if the residents have come up with alternative uses for the questioned property, other than "not commercial". Khemlani responded he would like to hold a workshop with residents and the Board to forward the residents' concerns and ideas. He further stated the City Attorney has given the Board the right to review all land use designations of the PUD, except those parcels which were mediated in the Settlement. Trencher noted that the remaining commercial properties are the ones which were mediated. Khemlani said we should look at the overall PUD, but don't change the mediated parcels now. McLeod wanted to know if the homeowners were represented and allowed input in the Settlement. LeBlanc replied that the Commissioners and developers were in separate rooms with the mediator going back and forth between rooms. There was no direct homeowner representation. McLeod invited the Homeowners Association to come forward with a written document stating the desires of the residents, presented to the Board in a proposed recommendation format. Khemlani replied he wants a workshop with the city planners to assist in the development of the residents' proposal. Ferring wanted to know if there was anyone present at tonight' s meeting in opposition to the general discussion. Glenn Marvin indicated his opposition. Trencher noted that when the issue of paving roads in the Ranchlands came up three years ago, all the land owners in the Ranchlands were polled. He wanted to know if such a mechanism should be used to get a more diverse opinion, as the Homeowners Association may not speak for the entire Tuscawilla population. Khemlani replied that voting is used for selecting Commissioners, not a poll, and such a poll should not be used to measure residents' opinions on this issue. ~ ~.. Planning and Zoning Board Minutes July 17, 1991 Page 4 Hopkins stated that a Public Hearing should be held first, to allow residents with differing opinions to voice their concerns prior to a workshop. The workshop would then incorporate all the opinions raised. The Hearing .prior to the workshop would allow all residents, developers and property owners the ability to voice their opinions. Helen Day, 1040 Berkdale Trail, asked the Board for its definition of a Public Hearing. Hopkins noted that the Public Hearing he wishes to hold will be advertised in the newspaper and will afford persons not travelling through Tuscawilla on a daily basis an opportunity to voice their opinion. Koch stated the current PUD map has nothing to do with property owned by Mr. Mikes (owner of the golf course). The map addresses disagreements between Winter Springs Joint Venture and the City only. Further, the Agreement is inclusive of all remaining undeveloped property, so everything not yet developed may be changed only by agreement between the two parties and sanctioned by the court. LeBlanc noted that the Board cannot rezone property, only the Commission may do that. Joseph Genova, resident, stated the Settlement was not court ordered. The mediator happened to be a judge, his court was not involved. The Agreement was mediated, not arbitrated, and thus was only a recommendation. Genova felt the 10 acres surrounding the 7-11 shopping center was a "smoke screen" for the 100 acres the development really wanted. Hal Hamrick, 1389 Ayerswood Ct., stated he didn't understand the PUD concept, and many may have the same problem. Hopkins suggested he contact the Land Development Coordinator, the Homeowners Association, or the City Planner for a full explanation and review of the PUD. Trencher noted that the terminology regarding undeveloped, unbuilt property is often confusing. He asked if a map be developed showing the 13 parcels in question, those parcels which are approved for housing, etc. to show the development and designations. Khemlani asked that the Public Hearing and workshop be scheduled as early as possible to move the process along. A discussion ensued regarding the scheduling process. Virginia Herndon, resident, stated that she agreed with the board that the workshop should include the opinions of others who do not belong to the Homeowners Association. The workshop should be announced in the newspaper as well as the Public Hearing. LeBlanc noted that the Public Hearing is still necessary as the workshop cannot render an advisement to the City Commission. Khemlani noted that he would be able to post signs at all locations to Tuscawilla advertising the workshop, so he needs little preparation time to announce the meeting. Koch stated that all meetings, including workshops, are open to the f ~ Planning and Zoning Board Minutes July 17, 1991 Page 5 general public. LeBlanc added that once the workshop is scheduled, Elaine Bennett, reporter for the Sentinel, be contacted to write a brief article. McLeod stated that there may be a need for a second workshop after the first workshop and Public Hearing to iron out concerns raised. Hopkins agreed, noting the first workshop should be held as soon as possible to bring out the residents' opinions. Hopkins asked the Board if the workshop can be held next Wednesday night. It was agreed it should be presented as a motion. Tuscawilla PUD review workshop. McLeod made a motion to hold a workshop on July 24, 1991 at 7:30 to review the Tuscawilla PUD. Seconded by Trencher. Vote: All aye. provision of Affordable Housina in Winter Sprinas Koch forwarded to the Board information on affordable housing in Florida and in Seminole County. She noted that the Seminole report lists various options on providing affordable housing. Further, the Board received copies of a listing of average assessed home values under $100,000 in the City. Koch noted that approximately 30% of the homes in the City are over $100,000, thus we have a good amount of affordable housing. We need to review older neighborhoods with affordable housing and look at ways to renovate to ensure the area remains suitable, including the parking of vehicles and exterior maintenance. The other area involves revising land development codes to increase the stock of affordable housing by providing concessions and easing restrictions thus making it less expensive to develop land. The Board needs to recommend the best way to proceed. Ferring noted that one of the reports indicates that only 13% of municipal employees can afford to purchase their own home. He also questioned the accuracy of the assessed values in the City's listing. Koch replied those values are the only source of home values. The figures are for the assessed value as of April 1990. New values may not be ready till the end of the year. Koch noted that the material is only an informational item to keep the Board current. She suggested that a workshop be held at some point in the future which includes developers, who can describe ways their development costs can be cut. Further, banks may be invited as they have been requested to reinvest in their local communities. Also, the Chamber of Commerce has a committee looking for land developers interested in funding through their contacts (bring together land owners and banks to improve or develop property). Koch reviewed the progress on the middle school - the School Board is in their site plan currently, and are looking to get their permits by August. The future road to abut that property was assisted by the surtax which passed. The School Board must build a driveway from the property to the road. The City projects will be built in late 1995. ~ ,.,~ Planning and Zoning Board Minutes July 17, 1991 Page 6 Koch reviewed the status of the Comprehensive Plan. The DCA is currently reviewing the plan and has 90 days to forward their comments to the City (90 days after they begin their review). The Board will get copies of the Plan. Koch stated there are two areas of substantive change in the plan. First, regarding Tuscawilla, a statement was added to the Land Use Element noting they may be vested due to certain prior commitments. Second, in Conservation, we have a provision to preserve 10\ of uplands and native habitation. Hopkins stated he wanted the annual election of officers for the Board to be included on the agenda for the next general meeting. The meeting was adjourned at 9:45 p.m. Respectfully Submitted, ,~;(hAv Gregory Kern, Recording Secretary Planning & Zoning Board -