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HomeMy WebLinkAbout1992 12 21 Planning and Zoning Board Special Minutes Planning and Zoning Board AMENDED Mi mItes Special Meeting Monday, December 21, 1992 Board Members David Hopkins, Chairman Grace Ann Glavin. Vice Chairman Martin Trencher John Ferring David McLeod Present Present Absence Present Present The meeting was called to order at 7:30 P.M. Approval of Minutes of November 18. 1992 Motion was made by Ferring to approve the minutes of November 18;seconded by Glavin; Vote: McLeod:abstain(absence from meeting); Glavin:aye; Hopkins:aye; Ferring:ave. e.lJblic Hea.riD..9.,..~Dd DeterminattQ..D of Vested Ri.9hts for Eagl~ Ridge. Ker n: I regarding different ordinance. presented to the board a memo dated December 10th. the determination of vested rights that outlines the points in our vested rights special use permit McIntosh: In December, 1990 Eagle Ridge was approved for 399 single family units. which had a lengthy anticipated construction schedule into 1997. This application is not a change to the original plan but a reaffirmation to the initial project that it has vested rights. Hopkins: Board. may I Planner dated December this determination. direct you to the memo from our City 10th, as a starting point for evaluating No publ ic Input. Ferring: Mr. McIntosh would you please explain some of the pre- existing requirements, for this project? McIntosh: Yes. there were Ridge; construction of dedications; all of these originally stated. many pre-existing conditions for Eagle Trotwood Blvd and Alton Road; park as well as other requirements remain as Glavin: My question is t.O Mr. Bricklemyer, since this is our first det.ermination of vest.ad rights before us tonight, can you tell us what our role is? Bricklemyer: This application is premised on final engineering ,... .-, Planning and Zoning Board Special Meeting Monday, Oecember 21, 1992 Page 2 plans which were approved December 10, 1990. provides that the property has been approved engineering plans, prior to the adoption of the Plan, can be presumptive vested, and can proceed as the other pre-existing guidelines are adhered to. that the format to be used would stated as follows: The ordinance loJ i t h t i na 1 Comprehensive long as all I recommend Based on final engineering plan of December loth. approved with vested rights, subject to the conditions: minutes of meeting of December lOth, settlement agreement, etc. 1990, be tol .loloJi ng 1990, and The main responsibility that you as a board has tonight is to make a finding that this development has commenced and is continuing in good faith, in order to create an order. This order should indicate what is being vested(the plans tor Eagle Ridge) and what it is being vested againstlComprehensive Plan). In the event that the Land Use Regulations which you are in the process of drafting have requirements which are different from what this development was approved for, the development may continue because it is preapproved with vested rights. Glavin: Mr. Kern, what is the recommendation of the City? Kern: The City recommends the determination of vested rights and the issuance of vested rights special use permit pursuant to the developbr and settlement agreements and final engineering as approved on Oecember 10, 1990. Bricklemyer: I would like to add that the order within 15 days of pUblic hearing. Theretore, if concerns about specific issues, because someone that order, either Mr. Kern, the chairman, etc. needs to issued anyone has any needs to draft Kern: I would like to address this quest.i.on to you, Mr. Bricklemyer, what was the steps we need to follow pursuant to this meeting? 1 sent to the board a copy of a vested rights order from the City of Apopka. Bricklemyer: There needs to be a decision made here tonight as to is there any basis to say no, if not, say yes and assign the responsibility of who will write the order, and have it signed by the chairman. Glavin: I ~lould suggest that this would be appropriate for city attorney to prepare such order, especially since we are doing this for the first time. After reviewing the sample document from Apopka, I can not find Planning and Zoning Board Special Meeting Monday, December 21, 1992 Page 3 the City Manager written verification stating that this project has meet all the standard of the ordinance. McLeod: Mr. Chairman, may I make note that I did not receive the package on vested rights. Hopkins: Mr. Bricklemyer, cOllld we approve this application for vested rights, with the stipulation that the City Manager's verification is pending? Bricklemyer: Yes, I would recommend that. Motion to table Ordinance 534 for Vested Rights of Eagle Ridge pending Section 3B2a written verification by the City Manager of the requirements; seconded by McLeod. Vote: Ferring aye; Hopkins, aye;Glavin , aye;McLeod , aye. High 1 a nd La ~l;:_9_nCel?tu {:.!.,L P 1 a_Tl________._____ Discussion. Members of the Board reviewed and verified that those changes that l>Jere requested at the meet i ng of December 16th were in fact made. Motion to approve Highland Lakes Conceptual Plan by McLeod. seconded by Ferring,as stated: Phase I - Lots 1 through 6 and Lot 41, including the necessary i nfr ast ructur8 _ Lot 20, as shol>Jn on the p 1 an, is to be a temporary pond. Engineering-wise, this phase must stand on its own if nothing else is built. Phase II - Lots 7 through 20, necessary infrastructure, stormwater management system, lift station, relocation of gas pipeline and constructing all of Shepherd Road. Engineering-wise. this phase must stand on its own if nothing else is built. Phase III lots 21 through 40, including the necessary infrastructure. Engineering-wise, this phase must stand on its own if nothing else is built. Vote: McLeod, aye; Glavin, aye; Hopkins, aye; Ferring, aye. Respectfully submitted, ~r~~~ Recording Secretary Planning and Zoning Board AMENDED Minutes Special Meeting Monday, December 21, 1992 BOARD MEMBERS: David ~~p~ins, Chairman, Present Grace ~bffl Glavin, Vice Chairman, Martin......T.i'encher, Absent John Ferring, Present David McLeod, Present Present CXlxfl::DI%.ai:!bs::j=i .:..::....-::...:.:.:.;. :.' :.' ~:":" ;":j ... The meeting was called to order at 7:30 P.M. Approval of Minutes of November 18. 1992 Motion was made by Ferring to approve the minutes of November 18;seconded by Glavin; Vote: McLeod:abstain(absence from meeting); Glavin:aye; Hopkins: aye; Ferring:aye. Public Hearinq and Determination of Vested Riqhts for Eaqle Ridqe. Kern: I presented to the board a memo dated December 10th, regarding the determination of vested rights that outlines the different points in our vested rights special use permit ordinance. '~:~':g~I':i':b'S:3~'I:!t:~:!::'~F"'F'r :uni ~~, D:~:;~~~d ~9i~n::~;ean~i~1~a~:~ construction schedule into 1997. This application is.not a change to the original plan but a reaffirmation to the initial project that it has vested rights. Hopkins: Board, may I direct you to the memo from our City Planner dated December 10th, as a starting point for evaluating this determination. No Public Input. Ferring: Mr. McIntosh would you please explain some of the pre- existing requirements, for this project? McIntosh: Yes, there were many pre-existing conditions for Eagle Ridge; construction of Trotwood Blvd and Alton Road; park dedications; all of these as well as other requirements remain as originally stated. Glavin: My question is to Mr. Bricklemyer, since this is our first determination. of vested rights before us tonight, can you tell us what our role is? Bricklemyer: This application is premised on final engineering plans which were approved December 10, 1990. The ordinance provides that the property has been approved with final engineering plans, prior to ,- ~ , . Planning and Zoning Board Special Meeting Monday, December 21, 1992 Page 2 the adoption of the Comprehensive Plan, can be presumptive vested, and can proceed as long as all the other pre-existing guidelines are adhered to. I recommend that the format to be used would stated as follows: Based on final engineering plan of December 10th, approved with vested rights, subject to the conditions: minutes of meeting of December 10th, settlement agreement, etc. 1990, be following 1990, and The main responsibility that you as a board has tonight is to make a finding that this development has commenced and is continuing in good faith, in order to create an order. This order should indicate what is being vested(the plans for Eagle Ridge) and what it is being vested against(Comprehensive Plan). In the event that the Land Use Regulations which you are in the process of drafting have requirements which are diff~rent from what this development was approved for, the development may continue because it is preapproved with vested rights. Glavin: Mr. Kern, what is the recommendation of the City? Kern: The city recommends the determination of vested rights and the issuance of vested rights special use permit pursuant to the developer and settlement agreements and final engineering as approved on December 10, 1990. Bricklemyer: I would like to add that the order needs to issued within 15 days of public hearing. Therefore, if anyone has any concerns about specific issues, because someone needs to draft that order, either Mr. Kern, the chairman, etc. Kern: I would like to address this question to you, Mr. Bricklemyer, what was the steps we need to follow pursuant to this meeting? I sent to the board a copy of a vested rights order from the City of Apopka. Bricklemyer: There needs to be a decision made here tonight as to is there any basis to say no, if not, say yes and assign the responsibility of who will write the order, and have it signed by the chairman. Glavin: I would suggest that this would be appropriate for city attorney to prepare such order, especially since we are doing this for the first time. A~ter reviewing the sample document from Apopka.!......~....~~~....!l~~...~.~I:1~....1:::tl:~. j:I~~~~;E~~~*;A;Hd~iiit~~ ~~~ i~:~f;~~~e ~tat ing tha t 1!:~~::::::::~E9q::$&I:::::j::Jj~~::::::::mm:M R:c:L'e'Oa::t':>::::;:::::::::''M::r::::::::::>:::eil'airman, may I make note that I did not receive the . . Planning and Zoning Board Special Meeting Monday, December 21, 1992 Page 3 package on vested rights. Hopkins: Mr. Bricklemyer, vested rights, with the verification is pending? could we approve this application for sti~ulation that the City Manager's Bricklemyer: Yes, I would recommend that. Motion Wj.~:~:~:]i\W":@~:~I~y~I:~w,j,&:m.fi to table Ordinance 534 for Vested Rights of Eagle RIai~fe"""""p'e'iidriig"""""Se'cl:ion 3B2a written verification by the City Manager of the requirements; seconded by McLeod. Vote: Ferring , aye; Hopkins , aye;Glavin , aye;McLeod , aye. Highland Lakes Conceptual Plan Discussion. Members of the Board reviewed and verified that those changes that were requested at the meeting of December 16th were in fact made. Motion to approve Highland Lakes conceptual Plan by McLeod, seconded by Ferring,as stated: Phase I - Lots 1 through 6 and Lot 41, including the necessary infrastructure. Lot 20, as shown on the plan, is to be a temporary pond. Engineering-wise, this phase must stand on its own if nothing else is built. Phase II Lots 7 through stormwater management system, pipeline and constructing all wise, this phase must stand on 20, necessary infrastructure, lift station, relocation of gas of Shepherd Road. Engineering- its own if nothing else is built. Phase III Lots 21 through 40, including the necessary infrastructure. Engineering-wise, this phase must stand on its own if nothing else is built. Vote: McLeod, aye; Glavin, aye; Hopkins, aye; Ferring, aye. Respectfully submitted, ~ cY~t<A. G{anine Porter Recording Secretary R~nht,~PMj::~:~::~:RM::~jj::::~~:~::~: ............................................................ Planning and Zoning Board Minutes Special Meeting Monday, December 21, 1992 Board Members David Hopkins, Chairman Grace Ann Glavin, vice Chairman Martin Trencher John Ferring David McLeod Present Present Absence Present Present The meeting was called to order at 7:30 P.M. Approval of Minutes of November 18. 1992 Motion was made by Ferring to approve the minutes of November lS;seconded by Glavin; Vote: McLeod:abstain(absence from meeting); Glavin:aye; Hopkins:aye: Ferring:aye. eY~c Hearing and Determination of v~~ted Rights for ~~ Ridge. Ker n: I regarding different ordinance. presented to the board a memo dated December 10th. the determination of vested rights that outlines the points in our vested rights special use permit McIntosh: In December, 1990 Eagle Ridge was approved for 399 single family units, which had a lengthy anticipated construction schedule irito 1997. This application is not a change to the original plan but a reaffirmation to the initial project that it has vested rights. Hopkins: Board, may I direct you to the memo from our City Planner dated December 10th, as a starting point for evaluating this determination. No Public Input. ", Ferring: Mr. McIntosh would you please explain some of the pre- existing requirements. for this project? McIntosh: Yes, there were Ridge; construction of dedications; all of these originally stated. many pre-existing conditions for Eagle Trotwood Blvd and Alton Road; park as well as other requirements remain as Glavin: My question is to Mr. Bricklemyer. since this is our - ~. Planning and Zoning Board Special Meeting Monday~ December 21. 1992 Page 2 first determination of vested rights before us tonight. can you tell us what our role is? Bricklemyer: This application is premised on fi~al engineering plans which were approved December 10. 1990.. The ordinance provides that the property has bean approved with final engineering plans. prior to the ~doption of the Comprehensive Plan. can be presumPtive vested. ,nd can proceed as long as all the other pre-existing guidelines are adhered to. I recommend that the format to be used would stated as fol~ows: Based on final engineering plan of December 10th. 1990. be approved with vested rights. subject to the following conditions: minutes of meeting of December 10th. 1990. and settlement agreement. etc. . The main responsibility that you as a board has tonight is to make a finding that this development has commenced and is continuing in good faith. in order to create an order. This order should indicate what is being vested(the plans for Eagle Ridge) and what it is being vested against(Comprehensive Plan). In the event that the Land Use Regulations which you are in the process of drafting have requirements which are different from what this development was approved for. the development may continue because it is preapproved with vested r~ghts. Glavin; Mr. Kern. what is the recommendation of the City? Kern: The City recommends the determination of vested rights and the issuance of vested rights special use permit pursuant to the developer and settlement agre.m~nts and f~nal engineering as approved on December 10. 1990. . Bricklemyer: 1 would like to add that the order needs to issued within 15 days of public hearing. Therefore. if anyone has any concerns about specific issues. because someone needs to draft that order. either Mr. Kern. the chairman. etc. Kern: I would like to addr,ss this question to you. Mr. Bricklemyer. what was the step~ we need tof~llow pursuant to this meeting? 1 sent to the board a copy of ! vested rights order from the City of Apopka. BricklemYer: There needs to b! a, decision mt.q, here tonight as to is 'th9re any basis to say nO. ~f not. s,-y y" and assign the respon,ibl~ity of who will writ!'th! order. ~"q h,ve it signed by the chCf~ fI,,~n. Glavifl~ I would suggest that th~~ ~ould be ~PPT~priate for city planning and Zoning Board Special Meeting Monday, December 21, 1992 Page 3 attorney to prepare such order, especially since we are doing this for the first time. After reviewing the sample document from APopka, I the City Manager written verification stating that has meet all the standard of the ordinance. can not find this project McLeod: Mr. Chairman, may 1 make note that 1 did not receive the package on vested rights. Hopkins: Mr. Bricklemyer, could we approve this vested rights, with the stipulation that the verification is pending? application for City Manager's Bricklemyer: Yes, 1 would recommend that. Glavin: I would like to make the recommendation that since we do not have the written verification from the City Manager for compliance, that we do not issue vested rights on this development. And that in the future we be provided with a draft order for discussion purposes at such meetings. Motion to table Ordinance 534 for vested Rights of Eagle Ridge pending Section 3B2a wrltten verification by the City Manager of the requirements; seconded by McLeod. Vote: Ferring aye; Hopkins. aye;Glavin , aye;McLeod , aye. ~ighland Lakes Conceptual Plan Discussion. Members of the Board reviewed and verified that those changes that were requested at the meeting of December 16th were in fact made. Motion to approve Highland Lakes Conceptual plan by McLeod, seconded by Ferring,as stated: ... phase I Lots 1 through 6 and Lot 41. including the necessary infrastructure. Lot 20, as shown on the plan, is to be 8 temporary pond. Engineering-wise, this phase must stand on its own if nothing else is built. phase II - Lots 7 through 20, necessary infrastructure, stormwater management system, lift station, relocation of gas pipeline and constructing all of Shepherd Road. Engineering-wise, this phase must stand on its own if nothing else is built. -, . . . '4 ...~ ---- Planning and Zoning Board Special Heeting Monday, December 21, 1992 Page 4 phase III - Lots 21 through 40, including the necessary infrastructure. Engineering-wise, this phase must stapd on its own if nothing else Is built. Vote: McLeod, aye; Glavin, aye; Hopkins, aye; ferring, aye. Respectfully submitted, ~o~~ Recording Secretary