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HomeMy WebLinkAbout1995 06 07 Planning and Zoning Board Regular Minutes Planning and Zoning Board Meeting Minutes June 7,1995 1. Call to Order: The meeting was called to order by Chairperson Hoffmann at 7:00 P.M. 2. Attendance: Art Hoffmann, Chairperson, Present David Hopkins, Present Gene Lein, Present Carl Stephens, Jr., Present William Fernandez, Absent Tom Grimms, Community Development Coord. Donald R. LeBlanc, Land Management Specialist 3. Consideration of the April 5. 1995 Meetin~ Minutes: Mr. Lein moved to approve the minutes of April 5, 1995. Seconded by Mr. Stephens. Vote: All aye; motion carried. 4. Consideration of the May 17. 1995 Meetine Minutes: Mr. Hopkins moved to accept the minutes as submitted of May 17, 1995. Seconded by Mr. Lein. Vote: Mr. Hopkins, aye; Mr. Hoffmann, abstain; Mr. Lein, aye; Mr. Stephens, aye; motion carried. 5. Old Business: A) Land Development Regulations - Status Report Mr. Grimms explained to the Board that Mr. Fred Goodrow was in the process of preparing a final draft of the LDR's-and it should be done towards the end of June. Mr. Grimms said the Board would get copies when it is ready. Mr. Goodrow had three (3) work sessions in his contract to meet with the Planning and Zoning Board, and has attended two so far. Also, Mr. Goodrow has in his contract to attend one (1) public hearing for the recommendation and approval of the LDR's. In order for the Planning and Zoning Board to review the LDR's, and possibly make last minute additions or corrections, Mr. Hoffmann asked if Mr. Goodrow would be sending the latest draft of the LDR's to them before the meetings? Mr. Grimms said the Board has one more work session with Mr. Goodrow which could be used for the final review of the LDR's. A public hearing may then be scheduled by the P & Z Board. Planning and Zoning Board Meeting Minutes - June 7,1995 Page 2 Mr. Hopkins voiced his concern regarding the time element involved, and whether one more session with Mr. Goodrow would be sufficient. Mr. LeBlanc suggested the Board hold off on the review of the LDR's with Mr. Goodrow for July for the following reasons: a) will probably not receive the draft from Goodrow until the end of June; b) because of the holiday, most people will be off the weekend including Monday; c) he had two items on the agenda for the July 5 meeting; d) this will give the Board a chance to review the draft one last time and consolidate their comments. Mr. LeBlanc said they can then bring Mr. Goodrow back for his final session with them. B) Certification of Zoning Map: Correction to previous action taken by the Board. Mr. Grimms explained there was a zoning change last year. The change was to the Earley property because of a court settlement arrangement, and apologized for the oversight. He asked that the Board give their approval, and recommend approval to the City Commission at their June 12, 1995 meeting. Mr. Hopkins asked if the Board will need to address the map scale issue again. Mr. Grimms said it is in the recommendation. He will then draw up an ordinance for the City Commission for their next meeting to have a first reading on the ordinance. Mr. Grimms explained that the Planning and Zoning Board can include the scale issue in their recommendation. For clarification, Chairperson Hoffmann, asked if the scale is to be approved at 1 :500. Mr. Grimms said the ordinance will be modified to read 1 :500 instead of 1 :400 which is required in the code now. Sometime ago it was agreed upon to change it to 1 :500, but the language was not formally changed in the Code. Mr. Hopkins moved that the Planning and Zoning Board recommend to the City Commission that it certify the annual (official) zoning map as it presently appears on the wall with the addition of the Earley property as presented to us this evening, and that the map be acceptable at a scale of 1 :500 as its been, and that the code be changed to reflect that difference. Seconded by Mr. Stephens. Vote: All aye; motion carried. Planning and Zoning Board Meeting Minutes - June 7, 1995 Page 3 6. New Business: A) Earley Property - Site Plan Review Board recommendation regarding preliminary engineering. Mr. LeBlanc included the Earley "settlement agreement" in the Board's package. He said the comments addressed, (item's one and three) of the City Engineer's letter were satisfied with pen changes to the master preliminary plan that will be reflected on the final engineering. Item number two was in error in the City Engineer's letter. It was shown to the City Engineer where the muck area was shaded on the soils report, and taken care of There was also a comment from the Community Development Coordinator regarding the boundaries of the wetlands and what appeared on the map. Mr. LeBlanc explained that it has always been the intention that whenever a project came on board, the delineation of the wetlands must be verified by St. John's before they issue a permit. This is being done. If the wetlands encroach and makes a lot less than fifteen thousand (15,000) square feet, that lot will be taken out of the plan, or all the lots will be fifteen thousand (15,000) square feet. Other than that, all the other departments found the project to be satisfactory. Mr. LeBlanc said he was reviewing the covenants, and they would be completed and presented to the Commission during final engineering. The recommendation of the Site Plan Review Board was for approval of the project to the Planning and Zoning Board and to forward to the Commission. The engineers were present to answer questions from the Planning and Zoning Board. Mr. LeBlanc asked the Board to allow him to present the minutes of the meeting to the Commission without prior approval. He explained that this would allow the project to move forward quickly. If the Board waits until the July 5 meeting, the project will not get on the Commission agenda until the second meeting in July which would be two months from this evemng. Chairperson Hoffmann asked that a note be included with the minutes stating that the minutes had not been approved, but recommended that the process proceed. Mr. LeBlanc suggested the Board include that in their motion, so it will be included in the minutes. Mr. LeBlanc said that the streets would be public streets, and that "Shore Road" would be paved. Everything meets the "settlement agreement" and the Code. Mr. Hopkins asked if there was going to be a mandatory Homeowners Association? Mr. LeBlanc said there would be a mandatory Homeowners Association. Planning and Zoning Board Meeting Minutes - June 7, 1995 Page 4 Mr. Hopkins asked how the project comes into play with the Concurrency Management Doctrine? Mr. LeBlanc informed the Board that a Concurrency Management System did not exist at present. It is being worked on along with the LDR's (Land Development Regulations), and when the LDR's are completed, will have the Concurrency Management System incorporated in it. Mr. Hopkins voiced his concern over the possibility of being in violation. Mr. LeBlanc explained that because the Concurrency Management Doctrine was not in place, he felt they were not in any violation. Mr. Stephens questioned an area just south of Morton Lane where a drain pipe was recently installed by the City. The new drain pipe under Fisher Road flows onto Mr. Earley's property. Several months back the pipe was blocked off and water flowed across the road. Even with the restricted water flow, the water on the land was waist deep. People are concerned about what will happen with this water and where it is going to go. Mr. Charles Madden, P.E. with Allen Madden Engineering, who represents the developer, Dr. Hubert Earley. Mr. Madden said they would maintain the predevelopment disposition of the water into the wetland right here (pointed to the plans). The way it is naturally flowing today, it will continue to do so. We are very aware of your concerns and we will address this during the process, and during final engineering. Mr. Stephens directed everyone's attention to item six (6) of the settlement agreement (page 4) and read, ..."the parties agree that not more than a total of thirty (30) irregularly shaped lots, and lots fronting on cul-de-sacs shall be a minimum of ninety (90) feet wide at the front building line. They will also have a minimum of twenty-five (25) feet offrontage on the public right-of-way...." Mr. Stephens asked, " how many lots similar to this existed within the plan?" Mr. Madden answered, "there are approximately fifteen (15) lots." Mr. Stephens expressed a concern for an area of buffer. In the "settlement agreement" it is mentioned that trash would be taken care of periodically. He asked if it was possible to get an agreement from the Homeowners Association to be more specific than periodically? Mr. Madden felt that because the buffer was going to be a part of the residents' property, the residents would take care of it. He added that it will be a requirement in the covenants and restrictions that homeowners keep the area clean. If it would become a problem to the people in the area, they can notify Code Enforcement who would take the proper actions to make sure the area was taken care of Mr. Hopkins moved that the Planning and Zoning Board recommend approval of the preliminary engineering with the caveat that the minutes (without prior approval), pertaining to the Earley property only, may be presented to the Commission on June 26, 1995. Seconded by Mr. Lein. Vote: Mr. Hopkins, aye; Chairperson Hoffmann, aye; Mr. Lein, aye; Mr. Stephens, aye; motion carried. Planning and Zoning Board Meeting Minutes - June 7,1995 Page 5 B) Proposed language on Comprehensive Plan Amendments for Chapter 15 of the City Code. Mr. Grimms said we received some applications for comprehensive plan amendments. In reviewing the comprehensive plan, City Code, etc., he found there was no established process or time frame for the adoption of comprehensive plan amendments. He mentioned this to the City Manager, General Services Director, and Mr. LeBlanc who all agreed that we need an established procedure. Most communities who have an adopted comprehensive plan, do have some type of procedure/time frame in place. If you don't, you open yourself up to charges of "due process". Mr. Hopkins said they have always operated on the premise that they were done twice a year. He didn't know if they were written, or required by Florida Statute, but have always operated with two (2) amendments a year as long as he was on the Board. Mr. Grimms said that it is a Florida Statute requirement that large scale amendments are done only twice a year for anything above ten (10) acres. Mr. Grimms asked the Board to make recommendation to the City Commission to adopt the language as an ordinance, and have it placed appropriately in the City Code as a new Section; Section 15-30. Chairperson Hoffmann, for clarification, asked about the limits on small scale amendments. Mr. Grimms explained that the state code allows small scale amendments to be made a number of times during the year. This is in Section 15-33(d) which Mr. Hopkins was referring to. Discussion regarding small scale amendments. Mr. Hopkins said the only other thing that was being left out of the review procedure, is the concurrency management ordinance. As these types of changes are made, it directly affects the infrastructure in the City. He asked if that should be in there somewhere. Discussion regarding concurrency management. The Board concurred that it should recommended that the City Commission adopt the proposed language on the Comprehensive Plan Amendments that would become part of Chapter 15 of the City Code. Discussion regarding widths of sidewalks. Planning and Zoning Board Meeting Minutes - June 7, 1995 Page 6 Respectfully Submitted, A ;.~~ ( Shirley A. Frankhouser, Administrative Secretary Prepared June 26, 1995 The next scheduled meeting of the Planning and Zoning Board will be held on Wednesday, July 5, 1995 at 7:00 P.M.