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HomeMy WebLinkAbout1996 06 05 Planning and Zoning Board Regular Minutes r MINUTES PLANNING AND ZONING BOARD JUNE 5, 1996 -- REGULAR MEETING I. Call to Order. Roll Call. Plede:e of Allee:iance Chairperson Hoffinann called the meeting to order at 7:00 p.m. in the Commission Chambers, Winter Springs Municipal Building. The Pledge of Allegiance followed the Roll Call. Roll Call: City Staff present Art Hoffmann, Chairperson, present Carl Stephens, Jr., present Bill Fernandez, present David Hopkins, present Gene Lein, absent Don LeBlanc, Land Management Specialist Tom Grimms, Community Dev. Coordinator Aooroval of Minutes of Februarv 7.1996 and Aoril 10. 1996 Chairperson Hoffmann stated there were two items of minutes to be approved. r Motion: Approve the minutes of February 7, 1996 as submitted. Motion by Hopkins. Second by Stephens. Vote: Stephens, aye; Hopkins, aye; Fernandez, aye; Hoffmann, aye. Motion carried. Motion: Approve the minutes of April 10, 1996 as submitted. Motion by Hopkins. Second by Stephens. Vote: Hoffmann, aye; Stephens, aye; Hopkins, aye; Fernandez, aye. Motion carried. II. Lake Jesuo Prooertv Subdivision LeBlanc described the subdivision: along Lake Jesup (far north on the eastern side of Tuskawilla Road), multi-family, 31 lots, up to 180 units. The settlement agreement states that the developer and the Commission can agree on the reduction of units. The submission of the corrected covenants have been presented, and according to Mr. Madden an agreement with the county has been reached regarding the design of the road. Chairperson Hoffinann asked ifit meets the city's standards. LeBlanc answered, it is a 50 foot right of way. That's what is there now leading to the school, and it will be north of the tracks. Comments will be addressed at the final engineering submission. Hopkins asked about (County) concerns of Lot 5. LeBlanc said that it is in the process of being r- removed or worked on. Lots 10 & 12 will not be platted into the existing drainage ditch, and the south property line shall be encumbered by a tract. All of the county's concerns have been addressed. MINUTES PLANNING AND ZONING BOARD r- JUNE 5, 1996 - REGULAR MEETING PAGE20F4 Stephens asked if the property owners within the development other than lakefront owners have access to the lake. Curt Wilkiuson with Richland Properties (developer) said that they plan to permit a community dock that non-lakefront owners would have access to. It would be located near the retention pond. Hopkins asked if the developer has the authority to restrict usage of that lakefront area. Wilkinson said no, it would be available for use by anyone. Stephens said that the lakefront property owners have the right to keep everyone off if they wish. Wilkinson stated that the lots that have lake frontage will have their own private docks, and there will be another dock for community usage. Stephens asked if the retention pond will be fenced. Charlie Madden (civil engineer) with Madden Engineering stated that going into final, it will have to be determined whether they (Madden Eng.) will be able to accommodate it as a dry bottom or wet bottom; it will probably end up with wet bottom. There are code requirements on whether a fence is required or not; they (Madden Eng.) prefer not having a fence. Chairperson Hoffinann asked ifthere will be a fence on the eastern boundary which is a major portion of the retention pond. Madden said that the pond and the ditch is somewhat of a buffer. Normally, the responsibility of the buffering would fall on the commercial tract. LeBlanc said that a lot of the r property on the east side (according to the land use map) is wetlands or conservation. Until the city gets final delineation from the proper authorities, it may even extend further south. The property to the immediate south is not commercial according to the land use map, it's residential. Chairperson Hoffinann stated there would be a wooden fence along the south border of the property according to the plan. Madden said, yes, that's correct. LeBlanc said this will be a private subdivision with plans of a gate. Streets have to be constructed 50 feet. There will be sidewalks. Hopkins said he read about concerns of a barbed wire fence that is adjacent to the property. Madden said the fence will be left there. Hopkins asked if there will be walls around the community. Madden answered, they (Madden Eng.) have a wall landscape easement along Tuskawilla Road. Chairperson Hoffmann said that his concern is the alligators using the retention pond as a wading pool. Madden said that some sort of wrought iron fence will be constructed along the wetland line to try to control that situation. Chairperson Hoffmann said that Grimms told him there is no problem with building retention ponds in wetlands (100 year flood plain). LeBlanc stated that the city engineer looks at it real well, and he let's St. John's know if he has a problem with it. St. Johns has the approval authority. Madden said the only encroachment into the flood plain would be the retention r- pond, the back part of Lots 20 & 21. The encroachments are very minimal. Fernandez asked ifa house was going to be built on Lot 5, and if the lot would be dug out and filled MINUTES PLANNING AND ZONING BOARD r--. JUNE 5, 1996 - REGULAR MEETING PAGE30F4 in. Madden answered yes to both questions. Fernandez referred to comments made to LeBlanc (page 2 under paragraph 2) dealing with Proposed Lots 20 & 21: There should not be any direct discharge. He asked if it has been resolved. LeBlanc said it will be resolved during the permitting process with St. Johns. He (LeBlanc) reassured the board that if Mark Jenkins (city engineer) has a problem, he let's St. John's know about it. The Chair asked if culdesacs now have a 100 foot diameter. LeBlanc said yes, a fifty foot radius. Hopkins asked if another survey has been conducted concerning the endangered species. Steve Butler with Morgan Environmental Consulting said their firm did the initial report back in April 1994. In February 1996, Jim Morgan revisited the site and reviewed it, and no further endangered species were found to exist on site. Fernandez mentioned that the city wanted some controllers to the gates of the subdivision. He asked that if the P & Z Board recommends this to the Commission, would the motion need to include any qualifying languages. LeBlanc suggested the motion should encompass the staff comments at final engineering time, and that would be blanket coverage. Fernandez asked if the P & Z Board needed to make specific findings of facts. Grimms said he has drawn up rules and procedures for the P & r Z Board and submitted the draft to the City Manager. Hopkins mentioned that the police chief has inspected the plans, and he (police chief) states he has no comment at this time. Hopkins asked if that was an indication of an approval. LeBlanc answered, yes it is. Have the covenants been addressed, Hopkins asked. LeBlanc said that he has the final covenants. Hopkins also asked what is available for recreation. LeBlanc said that is part of the Tuscawilla PUD. Will the semi-constructed sidewalk on Tuskawilla Road eventually hook up to this property, asked Hopkins. LeBlanc said he assumes that the portions of the sidewalks that do not belong to this developer will be built when the property is developed. Stephens asked if the wall and landscape easement on Tuskawilla Road will be County property. LeBlanc explained that Tuskawilla Road belongs to the county, but there is an Interlocal Agreement that states the city will maintain Tuskawilla Road, Orange Avenue, Spring Avenue, etc. The wall easement is not within the 50 foot right ofway~ it will be the responsibility of the HOA. Madden said they (Madden Eng.) have had probably 3 meetings with the county in the field to look at the road to determine ifit would be paved and addressed. Originally, the county was looking at it as potentially a rural section which requires an 80 foot right of way, but recently another design alternative was looked at and the county agreed the 50 foot right of way would suffice. It is an on-going issue that r will be resolved as they (Madden Eng.) move into final engineering with the county. The city engineer and P.W.fUtility Director will also be scrutinizing it. MINUTES PLANNING AND ZONING BOARD r JUNE 5, 1996 - REGULAR MEETING PAGE40F4 Chairperson Hoffinann asked if there was a revision to the original plan. LeBlanc said yes. Hopkins asked what was going on with the water and sewer reserve capacity. LeBlanc said they haven't paid for it, but it is available. The line goes as far as the high school property. Hopkins asked who's obligation it will be to bring the line to the property. LeBlanc said, the city doesn't pay; that's by code. Madden added, it would be alright with them if the city preferred to do it. r Motion: The P & Z Board recommends this project to the City Commission for approval based upon staff s recommendations, and subject to the staff s comments which will be included with the package to the City Commissioners. We did not swear the witnesses under oath, but I do believe since there's no one else present in chambers that they would not be subject to cross examining in any event, and I take their word as professionals and honest men that they have made honest statements to us this evening, and I do find that this would be a better development that was initially outlined in the settlement agreement, less dense, and it does from the paperwork that I have reviewed from the St. John's Water Management District and Department of Environmental Protection that they are satisfied that they have complied with the jurisdiction requirements of those districts and/or that the final engineering plans will make sure that they do comply. Motion by Fernandez. Second by Hopkins. Chairperson Hoffinann asked if the access to the community dock will come right to the edge of the retention pond. Madden replied, hopefully, it may take some cooperative spirit from the neighboring property owner. Fernandez asked if there will be a boat ramp. Madden answered, no. Vote: Stephens, aye; Hopkins, aye; Hoffmann, aye; Fernandez, aye. Motion Carried. LeBlanc asked for the board's permission to go forward with this as soo!l as he can without waiting for the board's approval of the minutes. Chairperson Hoffmann said that since there was no controversy on any comments made, permission was granted. ID. Adjournment The meeting adjourned at 7:35 p.m. A ten minute recess was called before the LPA Workshop was to begin. /mj APPROVED: Art Hoffmann, Chairperson r