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HomeMy WebLinkAbout1996 02 07 Planning and Zoning Board Regular Minutes r- MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY FEBRUARY 7, 1996 MEETING I. Call to Order. Pledge of Allegiance. Roll Call: Chairperson Hoffmann called the meeting to order at 7:00 p.m. in the Commission Chambers, City Hall, then everyone rose for the Pledge of Allegiance. Attendance: City Officials. present Art Hoffinann, Chairperson, present Carl Stephens, Jr., present David Hopkins, present William Fernandez, present Gene Lein, present Tom Grimms, Comm. Development Coordinator Don LeBlanc, Land Management Specialist II. Consideration of the November 9 and November 15 Meeting Minutes: Chairperson Hoffinann asked for corrections or modifications to the November 9, 1996 minutes. He added that the board will approve both minutes together if there are no objections. There were no corrections or modifications to the November 9, 1996 minutes. r Chairperson Hoffinann asked for corrections or modifications to the November 15, 1996 Minutes. Stephens stated a correction: Page 5. paragraph three: "Mr. Stephens said that covers Moss Road. What about the remaining part of the loop that is not being paid EI,..." Motion: Aooroval of the November 9. 1996 and November IS. 1996 Minutes. Motion by Stephens. Second by Fernandez. Vote: Hoffmann, aye; Stephens, aye; Hopkins, aye; Fernandez, aye; Lein, aye. Motion passed. III. Old Business: Chairperson Hoffinann announced that there is a meeting next Wednesday at 7:00 p.m. Grimms said that he would arrange in an orderly manner, the text (response) from Mcintosh and Associates along with the comments made by Don LeBlanc and other departments heads, and get the information to the members of the board soon. IV. New Business: r A. Oaks Subdivision - Conceptual Plan LeBlanc said that it will be noted that Lots 11 and 12 need a 25-foot frontage along the right-of- MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY FEBRUARY 7, 1996 MEETING PAGE 2 1""'. ways. The city will require an Environmental Report because gopher holes were noted. Chairperson Hoffinann said that an existing gas line needs to be detennined accurately. LeBlanc said that he will insure that the lots do not have gas lines, except possibly to the back of Lot 3 which will be taken care of by a utility easement like the lots to the north. Stephens asked if there were plans for a privacy wall. LeBlanc said there are no plans. It backs up to three lots north. Chairperson Hoffmann asked if there were any walls. LeBlanc said no, a gas pipeline goes through there. Hopkins asked, "What is the land use designation?" LeBlanc answered, moderate density residential up to 6.5 units per acre. All of the lots have 110 foot depth. The streets are public. LeBlanc said he suggested to the developer that they not pave the area near the culdesac in case he has to go back to the retention pond. Chairperson Hoffinann's commented on suggesting a connection up to Shepard Road. LeBlanc said Shepard Road will be completed to Edgemon Avenue. The extension is in the master plan, and the developer is obligated to complete Shepard Road to Edgemon Avenue. Chairperson Hoffinann said that the Highland's Homeowners Association should be notified. r' Lein asked about the stretch of Lot 11 from the corner. LeBlanc said that is the entry of the lot. There will be no entries on Shepard Road. The entry is in the area of the culdesac. Lots 11 and 12 must have a 25 foot frontage. Chairperson Hoffinann asked if there was commercial across the street on Edgemon. LeBlanc said no. Chairperson Hoffinann stated that the proposal is that the board approve of a conceptual plan without concern for the details. LeBlanc said that he would like the board's permission to take it to the Commission without waiting for the meetings. The two other items are insuring that Lots 11 and 12 have a 25 foot frontage, and that the Homeowners Association continue to be notified. Hopkins asked how the status of some of the property being a former dumping area affects this development. Will earth have to be dug out and replaced? LeBlanc said that taking soil borings will be part of the project, but ifthere isn't anything where the houses are being built then there won't be any earth removal. Hopkins asked if anything is provided for recreation. LeBlanc said they are part of the Highlands. Chairperson Hoffinann asked if there were any other sections of the Highlands PUD which remain to be developed. LeBlanc said this is the last significant piece. Hopkins also asked ifthere was adequate capacity for water and sewer? LeBlanc said yes, according to Mr. Lockcuff (Utility Director) there is sufficient capacity for the twenty single family homes. r Motion: AoDrove the conceDtual Dlan with the three caveats inserted. 1) The Hi2hlands continue to be notified as this Dro2feSses. 2) The board allows this to 20 to the Commission without a formal aDDroval of the minutes. and 3) Lots 11 and 12 have sufficient fronta2e on the culdesac. MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY FEBRUARY 7, 1996 MEETING PAGE 3 r Motion by Stephens. Second by Hopkins. Vote: Lein, aye; Fernandez, aye; Hopkins, aye; Stephens, aye; Hoffmann, aye. Motion passed. B. Leffler Small Scale Amendment {SM-CPA-1-96] (Also included was IV. D.) r Grimms said that McIntosh and Associates is here representing the owner of the property (Lefller Co.). They come before the board to request a change of Future Land Vse designation from Commercial to Lower Density on the property (8 acres). The purpose as stated in the application is that the applicant plans to develop a single family residential subdivision on the site. The applicant further states that as a result of DOT's taking of roadway frontage for S.R. 434 expansion to the east of this parcel; this site has been rendered unsuitable for commercial use. Full access to the site has been eliminated by the design of SR 434 with the resulting access limited to a right in and out only. Due to the change in character of the site, a single family residential subdivision represents a more feasible use of the property. The property location generally is approximately 525 feet west of Winding Hollow Blvd., and extending further west with a frontage of 429 feet on the south side of SR 434. The south property line abuts the Florida Power easement. The handout that the board received includes the staff analysis in terms of the facilities and land use compatibility. There shouldn't be a significant nuisance potential by this requested change. The staff recommendation is that the local planning agency recommend approval to the Commission the request by McIntosh and Associates for a change of future land use designation from commercial to lower density residential on the subject property. Chairperson Hoffmann asked what the frontage was for S.R. 434. Grimms said 429 feet. Chairperson Hoffinann asked McIntosh how he was going to put a deceleration lane in with sufficient length along the property to come into it. Don McIntosh, McIntosh and Associates, represented the applicants. He said that the entrance has not yet been sited. Power companies move power poles fairly routinely. The decellane will meet DOT requirements, and the entrance will require a DOT permit. Based on having a 4-lane, divided highway, it's possible that (for the small number oflots proposed there) a decellane will not be a design requirement. Chairperson Hoffinann asked if the cross-over to get into the west bound lane will line up with the other Lefller property. McIntosh said that DOT plans a medium separator (traffic separation device).There is no crossing proposed in the vicinity of this property. Leaving this property, the next possible location would be at Winding Hollow Boulevard and Wagner's Station (pUD traffic light). Approximately 2200 feet both ways of that intersection there are additional breaks: One directional and one full. DOT previously told McIntosh and Associates that they purposely have designed that road for limited access; encouraging V-turns for changing directions. McIntosh and Associates plan for a total of no more than 25 units on this site, so the total number of trips coming out of both sites will be less than four hundred. r Chairperson Hoffinann said that it is possible to use the same decellane for the Morrison property coming into Lefller property, then have an internal street. McIntosh said the plan is for the two I""'" MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY FEBRUARY 7,1996 MEETING PAGE 4 properties to hopefully be developed together. Chairperson Hoffinann asked if anything has been turned over to the Visioning group for review. Grimms said not at this point. Hopkins said that all cities need some commercial development, and this area of land was designated for commercial.. The board needs to at least get the visioning of the politician and experts in the city before amendments are made to the comp plan. Grimms said that the state has a policy of discouraging strip commercial, and this would be consistent with that. Various methods can be used to screen out the noise and sight of residential. The west side of the property is zoned C-1, and the east side is the retention basin (DOT) which takes care of the run-off of the wide roadway. r McIntosh mentioned that they are involved with the visioning committee. Both the applicant and the potential developer that have been participating in the visioning process are aware it's eminent adoption and have provided feedback about screenings and set backs. It could be probable that the frontage of this development will have a wall to screen it from the traffic. The major focus of the visioning committee is to make sure the effect of development along S.R. 434 doesn't have the "International Drive" multiple driveway, heavy visual impacts. The extensive work in lawsuits that were filed in conjunction with the DOT's taking of both the pond and the damages associated with the property~ there were quite a few professional opinions about this properties viable and probable use. This site will never be developed as a commercial use. The access deprevation pretty much eliminated it as a candidate. The applicants would be better off financially with a commercial use, but that's not going to happen. The applicants will continue to be involved with the visioning process. McIntosh explained that moving east there is a couple of small pieces on both sides of Winding Hollow Blvd that may be viable of shape issues that may be excluded because of their access to Winding Hollow which would be a signalized intersection. Moving east of that, there is basically swamp. The Springs Land piece which is in the middle of the Wagner Bend has been gutted. They have settled with DOT, and are trying to decide what to do. They hope that there is some commercial use, and have signed that property. They also have been looking for users along the line of commercial outparcel users. There has been no interest expressed, and that may be due to people waiting until S.R. 434 is finished. To the west there is several small pieces (plans are unclear at this time) This location is different than a location around the interchange of the expressway, or Tuscawilla/434 where there is a lot of traffic. Chairperson Hoffinann asked what was the acreage of the Leffler lot. McIntosh answered, 8.1 acres. Hopkins suggested that the board go with the visioning process that the city has been trying to utilize. It wouldn't be that long of a wait, and he said it makes good planning sense. Adjacent to the property is a detention pond to the east, after that there is two lots on either side of Winding Hollow Blvd. which are commercial. The detention pond is 313 feet wide. r Hopkins asked why the Visioning process was postponed. Grimms said the two consultants and city staffis going to meet on 2-14-96 for discussion and try to come up with a common draft document to present to the Commission. I"'" MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY FEBRUARY 7, 1996 MEETING PAGE 5 McIntosh said that what they are doing is consistent with the area neighbor's wishes, the city's comp plan, and the market requirements. Hopkins said it is not consistent with the adjacent properties. McIntosh said the problem is not this property, it may the adjacent properties. The visioning process is up to their eyeballs in issues, and ifland use element was added to the visioning committees recommendation then it would never get adopted. Chairperson Hoffinann asked if they should be rezoning the whole strip. Hopkins said, absolutely. What about county property? Hopkins replied, a little intergovernmental coordination would help. Discussion about the property along S.R 434 in front of Winding Hollow being used as commercial. Grimms stated that the recommendation to the Commission is to adopt or not to adopt this small scale amendment. The recommendation would go to the Commission on February 26 for the first reading of a proposed reading to change the future land use. r Fernandez asked McIntosh for details regarding the developer of the wall. McIntosh said the potential developer is Cambridge Homes. Development standards today govern wall integrity-- structurally. The idea is a ceramic finish for the wall. There will be a homeowners association, and they will maintain the wall. Stephens asked if it was legal to change this to residential. Grimms said that it can be changed. Fernandez asked how high the burm was on the retention pond. McIntosh said the burm will be two feet above natural ground. The treatment of that boundary will be an issue at the preliminary subdivision plan stage, and a concern from a market standpoint. Chairperson Hoffinann asked what the legal problems would be if the adjacent westward properties were rezoned to residential. Grimms said that he has not been able to contact the Spring Lands Company (9B). Chairperson Hoffmann said that he's looking at it being residential from the county property down to the commercial along Winding Hollow Road. Chairperson Hoffinann added, a caveat to include could be that the advertisements of lots for homes for potential buyers note that commercial property is listed. Bud O'Brien, said that the rezoning of the Wagner's Station was a major concern: 39 people present at that meeting. The citizens support and agree with the reviewing of residential rezoning, and will continue to attend the meetings and monitor this along with the property that's under the PUD, Wagner's Station. r McIntosh requested that some decision be made tonight that allows the applicant to move forward. The details of a projects handling of boundaries are traditionally handled in the form of a preliminary subdivision plan which this city has a reputation for handling quite thoroughly. Some of the MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY FEBRUARY 7, 1996 MEETING PAGE 6 t'" challenges brought up such as the DOT pond, etc. are marketing challenges, screenings from those kind of influences as well as the potential for problems on the west are issues to be dealt with by the developer. The statfreport does recommend approval because of this application basically making sense and being consistent with some of the policies in the city's comp plan. Namely: discouraging strip commercial uses. The market is not going to allow commercial development. The area residents are asking that this property be rezoned and the comp plan changed to a residential use. The financial value of this property to both owners is significantly less as a residential use than a commercial use. Understand that no one in their right mind with a viable commercial property would take that kind of step down unless it was the only alternative for a reasonable use of the property. Chairperson HotTmann asked Grimms about the rectangle in the second lot west of the Morrison property which is marked with OUT. Grimms said that it is an enclave in the county, but can't say at this time if there is a structure on it or not. As a result of the Elms legislation, there has been a policy statement indicated in the statutes that they encourage local jurisdictions to annex enclaves. Since it is under 10 acres, the city shouldn't encounter much difficulty with the county to annex. Chairperson HotTmann said that the board needs to find out from the attorney's what the potential legal road blocks would be on rezoning the two adjacent lots zoned residential. r- Chairperson HotTmann said his thoughts were to defer this request pending an attorney's consideration of what could be done to have all of the lots from the detention pond over to the strip of county property to be rezoned residential so that the city is not accused of spot zoning. Fernandez asked if the board is acting as the Land Planning Agency, or Planning and Zoning Agency. Grimms clarified that the board is acting as a Local Planning Agency on this issue. Motion: All of the land within the city limits of Winter SDrim!S startimz with the Florida Department ofTransDortation retention Dond proceedinsz westward incIudinsz the Morrison request for future land use chansze. the Leffler rcauest for future land use chanlle. and what is desisznated on the CODV before him as Lots #8 and 9B that the future land use be lower densitv residential. The citv can do an apDroDriate le~al and otherwise investi~ation background and notification. Motion by Fernandez. Second by Stephens. Vote: Lein, nay; Stephens, aye; Fernandez, aye; Hopkins, aye; Hoffmann, nay. Motion passed. C. Leffler Rezoning [REZ-J-96] (Also included Item IV. E) Discussion. Motion: Recommendation to Commission for ADDroval of residential land use of Leftler and r Morrison DroDerties to be rezoned R-I. MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY FEBRUARY 7,1996 MEETING PAGE 7 r Motion by Hopkins. Second by Fernandez. Discussion. Vote: Hopkins, aye; Fernandez, aye; Lein, nay; Hoffmann, aye,' Stephens, aye. Motion carried. D. Morrison Small Scale Amendment [SM-CPA-2-96] (Item IV. D was included in the discussion ofItem IV. B) E. Morrison Rezoning [REZ-2-96] (Item IV. E was included with Item IV. C) Motion: For the basis of the discussion and issues and advisements are verY much iurmane to the Morrison Small Scale Amendment reouest consideration and the rezoninl!. and that the recommendation would be the same for this orooertv owners reouest. Motion by Fernandez. Second by Hopkins. Vote: Stephens, aye; Hoffmann, aye,' Lein, aye; Fernandez, aye; Hopkins, aye. Motion passed. r". ~~~ Martha Jenkin, eputy Clty Clerk APPROVED: Art Hoffmann, Chairperson r