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HomeMy WebLinkAbout1992 07 01 Planning and Zoning Board Regular Minutes .-.." ~ . Planning and Zoning Board Minutes July 1, 1992 The meeting was called to order by Chairman Hopkins at 7:30 P.M. BOARD MEMBERS David Hopkins, Chairman, Present David McLeod, Vice-Chairman, Absent Martin Trencher, Absent John Ferring, Present Grace Anne Glavin, Present CITY OFFICIALS G. Kern, City Planner Approval of Minutes of April 1, 1992: Ferring motioned to table this until the next meeting as two members were absent. Seconded by Glavin. Vote: all aye. Motion carried. Approval of Minutes of May 20, 1992: Ferring motioned to table this until the next meeting as two members were absent. Seconded by Glavin. Vote: all aye. Motion carried. Election of Officers: Ferring motioned to table this until the next meeting as two members were absent. Seconded by Glavin. Vote: all aye. Motion carried. Annexation Request of Spraque, Inc: Kern distributed to the P&Z Board members, copy of Sprague Technologies . Inc. application to annex in the property from the County to the City. The current zoning is M-l, the County's land use/industrial. The requested zoning is C-2, which is the City's industrial category. The abutting property in the City is C-2/industrial, which includes the Dittmer properties and 7-11, north of Shepard Road on 17-92. The abutting property in the County is M-l/industrial. The purpose for the request is to tie into the City's water system as Sprague has a problem with contaminated wells due to underground fuel oil tank, owned by previously owners and operators of the facility. DER has been informed of this situation since 1985 and of the efforts to clean up the site. As of March, there has been no significant migration of the toxins. Sprague's consultant recommended an alternate water source and sampling of water tanks. Sprague is an assembler of film capacitors, electronic components, to store and discharge electricity quickly. They employ 94 persons. The materials used to create these components are supplied to Sprague as they do not manufacture these materials. The site is 11.8 acres. Approximately five of the acres are vacant on the western portion of the property. Survey of the site was part of the package sent to the Board members. There are three buildings on the site; the main building, another one-story block building and a metal warehouse. . Mark Carter, Plant Manager, for Sprague has had discussions with Doug Taylor, of the City's utility department, and Fire Chief Lallathin regarding the extension of services to the site. There is no sewer capacity available at present. -..." . . . . Planning and Zoning Board Minutes July 1, 1992 Page 2 Ferring discussed Sprague's report regarding the Volatile Organic Compounds (VOC) and that it had the approval from both the Fire Department and the City Engineer. However, the City Engineer stated that the buildings should be sprinklered. Kern answered that it was the Fire Chief who made that notation, and that the buildings do have sprinklers. Carter stated that the buildings were just inspected, and that a 10,000 gallon holding tank is located behind the factories which is also hooked up to its own individual well for sprinkling. Glavin questioned if this is platted as one or more parcels. Kern stated that it is platted as one parcel; the vacant land being part of the one parcel. Glavin stated that if it were described and owned by them as two different parcels, once it is zoned, Sprague could sell it off as they wished. If it was platted as one parcel, would Sprague need to make application to the City to subdivide, so that there would be some control over future commercial use? Is there anything in the City Code which would prohibit subdividing? Kern stated that he would have to look into what the regulations are on subdividing within the City. Hopkins stated this is a request for an annexation only, and not a change of zoning. Kern stated it is a change of zoning in that it is going from the County's M-l/industrial land use to the City's C-2/industrialland use. The City's Application for Annexation or Change of Zoning is so marked in the upper right hand corner to reflect this: Annexation, Change of Zoning, and an Amendment to Land Use Map; which is the way past applications have been processed. Hopkins stated he believed that the applications have been formatted this way, but doubted whether the P&:Z Board ever dealt with more than one issue at a time; Annexation only at one meeting, and Change of Zoning at a different time. Kern stated that, in his review of the previous two to three years of Annexations, the P&:Z Board dealt with it in one fell swoop. Hopkins asked if this was a two-stage recommendation that the P&:Z is making. Kern stated that the P&:Z Board was recommending to the Commission that this property be annexed in. What will have to happen, according to the DCA, is that the Comprehensive Land Use Map will have to be amended. That is a separate issue. The City can annex them in prior to that, however. Glavin stated it is her impression that the P&:Z is assigning zoning because the M-l is the County's zoning and that would be changed but a lot of uses could come beside Mr. Carter's plant within that C-2 zoning designation in terms of the vacant land. Is there a subdivision application process for the City? Kern stated that there was. Carter stated that Sprague planned to sell lots 20 and 21. He stated that there are approximately 7 lots. Glavin stated that the parcel number at the top was probably a tax parcel number, but separate lots to Spring Hammock Replat. Glavin then stated that being they are already divided into separate lots, there might not be a need for a Subdivision Application. -'""'T' -, . . . Planning and Zoning Board Minutes July 1, 1992 Page 3 Carter was asked by Glavin who the potential buyers were, to which Carter stated there were none yet. Ferring questioned how this affects the City. Kern stated he was unsure of this being a legal description, if these are separate lots. Carter stated that this was the legal description supplied by the County. Glavin noted it is a legal description of separate lots. Kern stated that, as it is platted separately, it is easy to sell those lots and how it affects the annexation of the entire property he was not sure. The City zoning would be compatible to the Dittmer property and compatible with the County property north of it. The south west portion is contiguous with the City property, 7-11 and Dittmer property. There is an aluminum manufacturing plant on the Dittmer property. Ferring stated that he would like to hold onto this until legal ramifications are obtained. Glavin suggested annexing in only the Sprague plant, due to their water problems but not the other property. Hopkins questioned if the legal description would be changed. Kern stated that it would and the City would have to amend the application. Carter stated that Sprague would require an easement to go through lots 20 and 21 for a water line to reach the factory as the nearest accessible water line is further down the road. Hopkins recommended tabling this item until the next available date when the Board has all the necessary facts to render an intelligent decision. Glavin motioned to table the discussion of the application of Mark A. Carter, on behalf of Sprague Technologies, Inc. for Annexation of his multi-lot parcel to the City of Winter Springs until City staff can provide the P&Z Board with further information as to tie-in of Sprague's utilities and of intended possible use as to his lots which he proposes to sell off. Seconded by Ferring. Vote: all aye. Motion carried. Land Use Desiqnation Chanqe to Parcel 51 of the Tuscawilla PUD: Kern explained that this is an alteration to the preliminary development plan of the Tuscawilla PUD. Parcel 51 is currently designated for condominium development. The request is to pursue a land use designation change from condominium to single family. This was directed by the City Commission in light of the Mikes Florida Country Club's Settlement Agreement that is being proposed. This would be in line with surrounding land uses for that proposed Settlement Agreement. The task tonight would be to review this alteration of the preliminary development plan for consistency with the overall PUD, the concept of the PUD, the land uses and the densities. If it is consistent, the P&Z Board can approve the land use change. If the P&Z Board finds that it is inconsistent with the overall concept of the PUD, land uses or densities; it then goes before the City Commission at which point they will hold a public hearing. Either way, the City will have to again amend the Comprehensive Plan, which will be done by ordinance and public hearing process. Two certified letters were mailed to the current owner of the property, L.J. Hooker, specifically Mr. Pete Joyce, in Atlanta to inform him that the P&Z -""'"T" tI_ . . . Planning and Zoning Board Minutes July 1, 1992 Page 4 Board will be discussing this this evening. Ferring asked if the Hooker people intended to fight this? Kern stated that Mr. Joyce had asked if he would have an opportunity to argue their case and was informed that he would. As of this date, however, no word has been received from Hooker. Kern submitted a table showing effects of the land use change in going from 196 units to a potential of 56 units on public facilities, population, potable water, Comprehensive Plan etc. Discussion followed. Public Comment: Moti Khemlani, President of the Tuscawilla Homeowners Association, stated that the Association is in favor of the rezoning of this lot from condominium to single-family dwellings. Glavin requested that as a policy matter, the City acquire written proof of ownership of this Parcel before redesignating. Regarding Florida County Club, if the purpose of City in redesignating, is to complete some sort of offering package, that should be on the table in turns of any sort of contract to purchase. Glavin stated she is active litigation counsel for Resolution Trust Corporation (RTC). If the owner of the property is RTC, she would have to abstain from any vote or further discussion due to conflict of interest. Hopkins stated that it was his understanding that this property is owned by L.J. Hooker. Kern stated that was correct according to his records. Hopkins suggested the Board move forward rather than seeking to clarify ownership. Hopkins stated he felt it was in the best interest of the City to reduce the amount of homes as far as condominiums vs. single family and believes that this is a two-stage process. The Board needs to ascertain whether this is consistent or not with the previously approved preliminary development plan of the Tuscawilla PUD. Ferring mentioned the importance of the ownership issue and suggested requesting that the City Attorney obtain a title opinion. Glavin suggested a written title opinion as to the fee ownership of this property. Ferring motioned to table this issue on the land use designation change request until the P&Z Board obtains something from the City Attorney to seek a title opinion as to the fee ownership of this property. Seconded by Glavin. Vote: all aye. Motion carried. Meeting was adjourned at 8:30 p.m. Respectfully submitted, d~)J~~ Fran Gramarosa, Recording Secretary