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HomeMy WebLinkAbout1994 04 06 Planning and Zoning Board Regular Minutes PLANNING AND ZONING BOARD MINUTES APRIL 6, 1994 The meeting was called to order by Vice Chairman Hoffmann at 7:30 P.M. BOARD MEMBERS: Grace Ann Glavin, Chairman, Absent Art Hoffmann, Vice Chairman, Present David Hopkins, Present Carl E. Stephens, Jr., Present Thomas Brown, Present CITY OFFICIALS: Bruce C. Behrens, General Services Dir. Approval of Minutes of March 16, 1994 After a brief discussion concerning corrections to page (6), and page 9; Brown made a motion to accept minutes as corrected. Seconded by Stephens. Vote: All Aye. Motion carried. Preliminary Enqineerinq on Parcel 14-C Scott Culp presented a brief summary of what the 14-C project contained for anyone that might not have attended the last meeting. Culp stated, "at this point, I would like to leave it open for Staff comment, and reserve the opportunity to come back, and answer any questions you, or the Sta'ff may have wi th regard to the project." Stephens said that he had read a letter stating that, Bear Creek (about a year ago), had over flowed onto Winter Springs Boulevard. He asked Culp what steps they have taken to prevent that from happening again. Culp said that all the information they have is statistical data based upon the "F. E.M. A." Flood Map, and the st. John's Flood study. He went on to say that was an event that was not documented in anyone's records, other than all of us saw that there was an over topping of the bridge in (he pointed to the map) this area. Culp stated that no one knows exactly how high; where it was in relation to the (100) year flood plane, but in the Stormwater Master Plan,(done for the city by Conklin, Porter & Holmes), noted some blockage in the bridge structure. The city does have that as an item that needs to be taken care of in their maintenance. Culp went on to say that, whether or not this parcel is developed or not, with it overflowing at that point, that has to be taken care of. Culp said that it shouldn't effect the (100) year, based on the Fema Maps, and the st. John's Flood study. What it does effect, is the flow in the creek as it tries to get across in big storm events. This needs to be addressed by the city. Planning and Zoning Board Minutes April 6, 1994 Page 2 stephens stated that some of the lots in the project do encroach into the (100) year flood plane, and understood that it was recommended that they have a compensating pond for that. Culp stated that they do have compensating storage. Culp pointed out on his plans that, a little bit on the back of lots 14, 15, 16, 17, and 18, is encroachment into the (100) year flood plane. He went on to say that they are not altering the (100) year flood pI ane. He real i zes that they wi 11 have to provide compensating storage in accordance wi th ci ty code, and the st. John's River Water Mgmt. District. Culp pointed out on the plans that they will be using one of two ponds, or an open area which was not a conservation area between a setback off the creek. Culp said that this will all have to be taken care of through final engineering, addressed by the st. John's permitting, before they get their final engineering permi t for the project. CuI p stated, (after being questioned by Stephens with reference to the flow of the creek) tha t, they are going to meet wi th st. John's engineers, our engineers, and the City of Winter Springs engineer, and resolve how they want the compensating storage in the final engineering. Brown asked Govoruhk for a general summary with regard to the piece of property located in the City of Oviedo. Govoruhk stated that, Vision Developers are able to have Parcel 64- F rezoned from Commercial to Residential; however, they are holding off until they know whether or not they can have access to and from this property from Seneca Blvd. Govoruhk went on to say that, the Staff will not recommend access onto Seneca Blvd due to the fact that they can have access using Winter Springs Blvd. Culp wanted to clarify that they are still requesting access from Seneca Blvd, but if they do not get the access, that particular piece of property will remain zoned what it is now, and that is, C-2 (Commercial). They will not have it rezoned to residential without the Seneca Blvd. access. Discussion with regard to the annexation of Parcel 64-F. Hoffmann asked Culp, "who would be responsible for water and sewer for this parcel?" Culp stated that the City of Winter Springs has an agreement for all parcels in that area, including Commercial parcels all the way out to S.R. 434. Police and Fire protection will be served by the City of Oviedo. Hopkins asked Culp with reference to Police and Fire protection, "how would they get in?" Planning and Zoning Board Minutes April 6, 1994 Page 3 Culp stated that they would come down Winter Springs Boulevard, up Seneca Boulevard, and into the community. There was some further discussion with regard to the (100) year flood plane, and compensating storage. Hopkins voiced his concern regarding the parcel in the Ci ty of Oviedo by stating that, "he did not feel it made good planning sense, to be allowing something that is not even in our ci ty without first, meeting with city officials from Oviedo to see what could be worked out between us." He went on to say that this was a very unusual request, but there has to be some kind of intergovernmental coordination in order to make this work properly. Culp stated that they have continued to bring requests since January of this year. There has been meetings between the staff of Winter Springs, and the Ci ty of Oviedo Staff. There have been discussions from individuals on the City of Winter Springs Commission with the Staff from the City of Oviedo; at this point, we have not seen any progress towards any type of agreement between the two. The only thing at this point, is that the City of Oviedo is willing to rezone to Single Family Residential, if we so choose. Culp contends that they will not rezone from Commercial without access f rom Seneca Boul evard because, the marketabi 1 i ty of the property, with the entrance to the residential community directly adjacent to the expressway, is not feasible. The buyer will not except it. Hoffmann told Culp that he could consider the preliminary plans of everything that is in Winter Springs, and that the cross you might have to bear is to wait six months to a year as a process may take to apply for annexation into Winter Springs. It will be resisted by Oviedo, but it is a matter of going through the process. The process of having Comp Plans approved, is common to every community. If you so want to risk bringing Commercial in there, tha t 's a risk that Winter Springs might be wi 11 ing to take; at least this Board. Culp stated that he appreciates the city's concerns; however, they are requesting access subject to rezoning for Parcel 64-F, and would like to continue on to the City Commission with that request, even though we get a recommendation from P & Z Board on a disapproval of that access. If at that point, we don't seem to be getting anywhere, then we can move forward with the portion that is in Winter Springs, with the disapproval on this access, but not a disapproval of the plan otherwise. Hoffmann asked cuI p, "roughl y, how many homes are going to be North Planning and Zoning Board Minutes April 6, 1994 Page 4 of Winter Springs Boulevard?" Culp stated that there will be twenty-four (24) homes in the City of Winter Springs, just North of Winter Springs Boulevard, sixteen (16) in Parcel 64-F, and twenty-six (26) homes to the South of Winter Springs Boulevard. Brown addressed the issue of the "wall", and asked Culp what there plans were. Culp said that they have committed to the ten (10) foot planting screen easement along 'any lots that back up to any roadways. With regard to a commitment of a "brick wall" as opposed to brick wall/ landscaping berm combination; obviously, the lots that back up to Winter Springs Boulevard, if need be, we could commit a hundred percent, to a wall there. Culp went on to say that, they are trying to be somewhat flexible to be able to achieve a little more aesthetic value in that ten (10) foot landscape, instead of making it look like a stockade or a fort. We are committing to brick in that planting screen, of where we have walls. Brief discussion with regard to "encroachment" of the (100) year flood plane. Hopkins stated that he would like somebody from Staff to address this issue. Behrens informed the Board that Staff has taken this under consideration, and when the new Planner, (Mr. Gosline) comes on board Monday, that's going to be one of the first topics that we address with Mr. Goodrow; the city manager, and the city attorney. We wi 11 have at final engineering, a defini ti ve finding as to what's appropriate. Hoffmann asked if there was anyone from the Homeowners Association that would like to speak at this time. Terry Back stated that he is the President of the "Chelsea Woods" Homeowners Assoc., and resides at, 1794 Seneca Boulevard. He said that the Association is a vol untary one, and there is approximately (210) of the (283) homes who are participating in the voluntary organization. At this point, the residents of Chelsea Woods recommends that the Board deny the approval of the C-2 zoned area, and that the entrance to this property should be accessed from Winter Springs Boulevard. He also said that, they recommend that the future buyer of the C-2 zoned property, have a wall commensurate with the other side of the street, such that, there is some continuity within that area there. Discussion with regard to a "wall" being placed in the area where Winter Springs, and the Ci ty of Oviedo come together, if the Planning and Zoning Board Minutes April 6, 1994 Page 5 property were to remain zoned, C-2 (Commercial). stephens asked Culp if it was completely out of the picture for them to consider changing that area of Commercial on Winter Springs Boulevard, to residential. Culp stated that they would not change it to residential; it's purely economics, and the owner wants it to remain, C-2 zoning. Brown stated that he cannot recommend anything that is in Oviedo. Hopkins made a motion that the Board recommend approval to the City Commission for the preliminary engineering of Parcel 14-C with the exception of the access from Winter Springs to Oviedo. Seconded by Brown. Vote: Hopkins-Aye, Hoffmann-Aye, Stephens-Nay, Brown-Aye. Motion carried. After a brief recess, Hoffmann recalled the meeting to order at 8:30 P.M. Final Preliminary Engineering-Tuscawilla Parcel 9, A/K/A Parcel 51 and Hooker's Mikes stated that it is essentially the conceptual plan that was approved several months ago, and it's just laying out the engineering characteristics of that same plan. Mikes went on to say that it provides for twenty-seven (27) lots; a gated community; a wall, and private streets maintained by a Homeowners Association. Ten (10) of the lots are located on the golf course, and seventeen (17) are located off the golf course. Lot prices are in the range of a hundred thousand dollars with the home prices anticipated to be in the average range of the high, three hundred thousand dollars. Hoffmann asked if there was going to be a wall along Winter Springs Boulevard. Mikes answered yes, ~ wall and sidewalk will be put along Winter Springs Boulevard. Mikes stated that, when this plan went through conceptual plan approval, the City Commission waived the requirement of a sidewalk for the interior. It was never required at Staff level prior to that time, and it did come up today. Mikes said that he will not be the one putting in the sidewalks. They will be put in by the homeowner, and the builder, paid for at their expense. Mikes said that he had told the Commission at the time, that if they required sidewalks, we would provide them. There is a provision in the covenants that gives the Association and the developer, to require that each homeowner put in a sidewalk. Mikes stated that, to put sidewalks in there, would not be as Planning and Zoning Board Minutes April 6, 1994 Page 6 aesthetically pleasing. He said that he spoke to Mr. Behrens, and asked what Staff member or members had recommended the sidewalks, because I am incurring changing attitudes on the part of the city on written agreements, or commitments that the City Commission have previous I y made on other parts. I woul d I ike to have some consistency; that if we do get approval at one point, that's how it is. In this case, I am not objecting to the sidewalks, I think it is a bad idea to absolutely require it, and make it a decision on the part of the Homeowners Association to put it in at a later date, if they deem it necessary. There was a brief discussion as to the widths of the streets and right-of-ways. Discussion as to Golf Cart access. Discussion as to Fire Hydrants. Govoruhk read from the Commission Meeting Minutes of September 13, 1993 wi th reference to the Commission's approval to "wai veil the sidewalks for Parcel 9. Mikes stated that, funds will be set aside to install sidewalks, and made available to the Homeowner Association when it is turned over. Discussion with regard to the homes located on the golf course. Brown made a motion to recommend to the City Commission that, they except the final preliminary engineering of Tuscawilla Parcel 9, Parcel 51, Hooker's. Seconded by Hopkins. Vote: All Aye. Motion Carried. Review of the "Unified Land Development Code Note: Hopkins was not present for the review of the "ULDC". Present: Stephens, Brown and Hoffmann Chapter I, Page 1-3, 1.05: The word, may was deleted. third line, the word, that was changed to, the. On the Page 1-3, 1.06: The word, an was deleted. The word, structure was changed to, structures. Page 1-4: "Commercial Neiqhborhoods" was del eted, and moved to Chapter 2. Certificate of Concurrency, and Concurrency determination was deleted, and put into Section 4. Planning and Zoning Board Minutes April 6/ 1994 Page 7 Page 1-5/ "Final Development Order" will be left for staff to review. Page 1-6/ Mineral resource extraction: The following was deleted, eCho 16C 39, FAC). Page 1-6/ Mobile home: This section will be left for the Building Department to review for proper codes and standards. Page 1-7/ Preliminary Development Order: This Section will be left for staff to review absence of plans. Brown stated that the word, "vested" has been removed, and Hoffmann concurred that it didn't belong in this part of it. (No mention of what section or page this word was deleted from!) Brown made a motion to recommend as per the staff definition, and their understanding of the marked up/ submitted Chapter 1/ that we woul d recommend Chapter 1 to the Ci ty Commission. Seconded by Stephens. Vote: All Aye. Motion Carried. Page 2-14/ ~2.04.021 - Accessory Apartments: It was discussed and agreed upon by the Board to have Staff review, and make recommendations for a definition with reference to changing this to / "Accessory Bui I dings" / and adding to this section / "Guest Cottages". There was a brief discussion wi th regard to holding a "special meeting" the fol~owing week, but it wasag.reed to meet at the regularly scheduled meeting; and at- that time, approve Chapter 2. Vice Chairman Hoffmann adjourned the meeting at 9:35 P.M. Shirle A. Frankhouser, Administrative Secretary