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HomeMy WebLinkAbout1996 10 02 Planning and Zoning Board Regular Minutes MINUTES I"'" PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY OCTOBER 2, 1996 REGULAR MEETING I. Call to Order The meeting was called to order by Chairperson Fernandez at 7:00 p.m. in the Commission Chambers, Municipal Building. Roll Call Also Present David Hopkins, absent Carl Stephens Jr., absent Bill Fernandez, present Gene Lein, present Art Hoffinann, present Don LeBlanc, Land Management Specialist Pled2e of Alle2iance Aooroval of the Seotember 4. 1996 Plannin2 and Zonin2 Board Re2ular Meetin2 Minutes Lein stated that his name was spelled Lien throughout the minutes. The correct spelling is Lein. I"""' Page 1, last paragraph, second sentence reads: "He said he could go along with the two foot of ~&:V":j0;-;':<~J:xl::fP' payment..." Correction: "He said he could go along with the two foot of I_I..." Chairperson Fernandez asked for a roll call to vote on the approval of the minutes as corrected. Vote: Lein, aye; Hoffmann, aye; Fernandez, aye. Lein stated that on February 7, 1996 the P & Z Board approved rezoning for Lefller and Morrison to be passed onto the Commission for their decision. The item came before the Commission on September 9, 1996. Lein read the Community Development item from the Commission agenda. Between the time when the P & Z Board approved the item, and the time when it went to the. Commission; the staff made a change with McIntosh, and those changes should have been brought back to the P & Z Board. Lein read the September 9, 1996 Commission Minutes pertaining to the rezoning, and section 20-59 of the City codes. He asked if the city staff which includes the City Manager has the authority to make a change of a zoning decision made by the P & Z Board before it is brought before the Commission. Hoffinann read Section 20-389 of the City code. LeBlanc said that Section 20-389 has to do with a PUD, so the section does not apply. In reference to Section 20- 59, LeBlanc said that second readings are public hearings. Fernandez stated that the P & Z Board did not make any recommendation to the City Commission about a land use change for mixed-use or a PUD zoning. Lein asked if the board could get a legal answer from the City Attorney. The Chair will draft up a letter to the City Manager. r" I"" Minutes Planning and Zoning BoardlLocal Planning Agency October 2, 1996 Regular Meeting Page 2 of 7 Fernandez said that a former Chairperson of the P & Z Board, Grace Glavin, indicated to him that part of her reason for resigning was that recommendations the board made seemed to be changed around, and she felt it was not a worthy expenditure of her time as a volunteer for the city when her efforts were not passed on as presented at a public hearing. Possibly this discourse will be circulated, and will play a role in these manipulations, adjustments, or changes in future matters that are presented to the P & Z Board. The Chair asked the board members if they had any conflicts of interest, if they had received any exparte communications, or any other matters dealing with the New Business items that were not conducted in the Sunshine at a noticed meeting. He said he will assume there are none if no one volunteers. ll. New Business A) Counide Villas Conceptual Plan I""'" LeBlanc presented the plan. The Courside Villas is approximately 2 3/4 acres located to the immediate west of the Seville on the Green apartments off of Sheoah Blvd. Three sides of the property is golf course. It is zoned Planned Unit Development. On September 18, 1996, various concerns about stormwater management, Building Code requirements, etc. were discussed in a meeting with Leonard Feinburg and his engineer. Land use is higher density residential, but because this action took place under a small scale amendment on October 14, 1995, they can have no more than ten units per acre. The parcel could have as many as 27 units, but the conceptual plan has 20 units. There is no code requirement for a conceptual plan. Lein said the plan is alright with him. Chairperson Fernandez said he was concerned about saving wildlife and as many trees as possible. Leonard Feinburg, 200 St. Andrews Blvd, Suite 407, Winter Park, said that all applicable codes will be met. Chairperson Fernandez stated that the board is not making any official recommendations or comments; the architect has heard the boards personal comments and appreciation for presenting the plan to them. B) The Oaks Subdivision Final Develooment PlanlPreliminarv Em!ineerine: LeBlanc said that access rights to Edgemon Avenue from Lots 1,2, and 3 shall be dedicated to the City. The City shall be notified as to the proper disposition of the gopher turtles. The developer has sufficient water and sewer capacity. This is the final leg of Shepard Road to Edgemon. I""'" I"" Minutes Planning and Zoning BoardlLocal Planning Agency October 2, 1996 Regular Meeting Page 3 of 7 Lein recommended that Article 4 of the Covenants read "... two thirds of the association members," instead of "two thirds of the board of directors." Hoffinann asked about Article 7, Section 4. He said that the amount of time political signs are put up is limited, but signs can't be prohibited on an owner's property. LeBlanc read the last sentence (#10) of the last page from the handout (memo to L. DiMillo dated 10-01-96): "Nothing contained herein shall be construed to permit or authorize in violations or deviations from the Code of Ordinances of the City of Winter Springs." Hoffinann said the same would apply to 18" satellite dishes. LeBlanc mentioned his comment #5 on the handout. r- Chairperson Fernandez asked LeBlanc what the functions are of staff, the city, the P & Z board in reviewing the CCR's. LeBlanc said he reviews the CCR's to ensure there is not any language contrary to the City Codes. Lein's recommendation will be taken back to Mr. Sylvester so he can give it to whoever drew up the covenant. Chairperson Fernandez said, Simply because LeBlanc reviews the covenants, and the board makes comments and suggestions about them, does not give any seal of approval as to legality, content, form, or other responsibility on the part of the City of Winter Springs for the promulgation, ultimate adoption, and recording of the CCR's in the public record. LeBlanc said it his understanding that Winter Springs is one of the few governmental bodies that review CCR's. Covenants are approved by the City Commission and reviewed by the City Attorney. The Chair asked if there are going to be any dedications. LeBlanc answered, roads and water and sewer. Homeowners will have the conservation areas. There will be an easement between lots 12 and 13. Chairperson Fernandez said he likes that the city is a third party beneficiary, and has the right for standing in court to enforce the CCR if the HOA or an individual property owner does not. However, it is a two edged sword, and ifthere are homeowners that don't like what's taking place, and the board decides for an economic matter not to enforce it then there may be some city residents coming in to the Commission to request enforcement. LeBlanc said that is always a possibility. The Chair said he has concern about the reasonable admission charge for green areas. LeBlanc said that is in every set of covenants. Lein asked for the setbacks. LeBlanc said the front is 25 feet, the side is 5 feet, and the rear is 25 feet. Chairperson Fernandez said he understands that this is subject to the staff comments to be addressed at final engineering submission. LeBlanc said that is correct. Motion: Approve the preliminary plan of the Oaks Subdivision. Motion by Hoffinann. Seconded by Lein. Vote: Hoffmann, aye; Le;n, aye; Fernandez, aye. Motion passed. LeBlanc requested this item be brought before the Commission on October 28, 1996. The members r' of the board were in agreement. Minutes I""'" Planning and Zoning Board/Local Planning Agency October 2, 1996 Regular Meeting Page 4 of 7 C) Lot SoUt of Lot 231 and 232 Tuscawilla Unit 14B LeBlanc explained that when the Greeneway came through most of Lot 231 was taken away, and the lot is no longer buildable. Dr's. Martinez and Lezano have requested a lot split of232. They want to take 232B and combine it with lot 231. The Chelsea Woods Homeowners Association are in favor of the split. Chairperson Fernandez asked if this constitutes a change in the preliminary development plan. LeBlanc said that it does not because the preliminary development plan was always for single family residential. Motion: The P & Z Board adopt the change. The Chair asked if the motion included a finding of fact that the proposal does not constitute a change in the preliminary development plan. Lein said, everything included. Motion by Lein. Second by Hoffinann. Vote: Fernandez, aye; Lein, aye; Hoffmann, aye. Motion carried. I""'"' D) Tuscawilla Tract 15. Parcel 3 Final Develooment PlanlPreUminarv Ensdneerine: LeBlanc stated that there are two items of contention: 1) accel, decel and turning lanes associated with S.R. 434, and 2) a specimen tree survey is to be completed and used on the final subdivision design. The developer agreed to these, and has added notes to the engineering plans. LeBlanc commented that Tuscawilla Settleme.. Agreement authorized this property to be developed with a maximum of 504 multi-family units. The developer has chosen to submit plans for approximately 80 single family units. The settlement agreement does give the developer the request to change. This previously came before the P & Z Board in the St. John's Landing/Lake Jessup Property. He said that he has reviewed the covenants and found nothing wrong. Lein asked if covenants can be standardized. LeBlanc said covenants are governed by the state. He also asked if every lot has a 25 foot frontage. LeBlanc said every lot has a 25 foot frontage per Code requirement. Lein then asked about the shaded area on the drawing. Ray Bradick, Boyer Singleton, 520 S. Magnolia, Orlando said that the land development codes indicates that fill areas must be shaded. Lein asked, Is the property being given to the city by the developer for the fire station location. LeBlanc said it is directed through the settlement agreement that the city have one and a half acres of usable property, and that was the location shown in the settlement agreement. Hoffinann asked what limitations are put on the use of the property. Bradick said that in the process of permitting, they will file a nationwide permit to allow encroachment into the core of engineers line to create the 1.5 acres usable. Chairperson Fernandez asked how they would know if the general notes (1-22) are binding if it is not (' recorded and simply on file with the city. What makes it enforceable? LeBlanc said that everything r Minutes Planning and Zoning BoardlLocal Planning Agency October 2, 1996 Regular Meeting Page 5 of 7 will be on the final engineering plans; that's what makes it enforceable. Lein asked if the same drawing will come back to the P & Z Board in final engineering. LeBlanc said that the board does not get final engineering. The Commission will get a more detailed drawing, including the turning lane. Hoffmann asked, What if the lane is not built? LeBlanc said that Mr. Mann (FOOT) is fully aware of the safety aspects, and he will have definite input into this. Hoffinann asked if it will be negotiated with FOOT. LeBlanc said this was discussed pretty much and agreed upon by the developer. Bradick said according to FOOT the 4-laning should start before construction is completed. He said before they ask for their first CO on a house, either construction will have started, or they'll have the turning lanes in place. (" Motion: Approve the final development plan/preliminary engineering for Tuscawilla Tract 15, Parcel 3. Motion by Hoffinann. Second by Lein. Vote: Lein, aye; Hoffmann, aye,. Fernandez, aye. Motion passed. The board had no objections to LeBlanc presenting this item to the Commission on October 28, 1996. LeBlanc exited the meeting. E) Review of New LDRs for the "Town Center" as Dart of the SeR. 434 Corridor Vision Plan Mike Wadley of Berryman and Henigar commented that the P & Z Board revisions to the New Development Area are not reflected in this copy, but will be. Wadley distributed sketches, and displayed a map of the corridor. He said the objective is to create something that is identifiable as a "Town Center". The placement of buildings is an element of the "Town Center". Many of the trends in planning involving a town center area is placing buildings closer to the road. Lein asked if this was along the lines of a theme. He mentioned that at the last meeting Grimms said the Commission will probably hold a couple of workshops to determine the theme. Discussion of building setbacks in the "Town Center" . Wadley presented changes made by Berryman and Henigar, and explained that the underlines and strike-throughs are the changes made to the September 4, 1996 Vision Plan. Chairperson Fernandez explained to Wadley that the board will approve the changes by consensus, but if a board member objects then the objectionable section will be identified. Pa2e 7 Sec. 20-351 Setbacks. Wadley asked that they come back to this issue. r r Minutes Planning and Zoning BoardlLocal Planning Agency October 2, 1996 Regular Meeting Page 6 of 7 The Chair mentioned, for example, that Section 20-351 on page 6 carries over to page 7, and he asked that the Section be referenced on page 7. When a section is continued to a following page, reference the section number on that following page. Pae:e 8 Section 20-353(3) Chairperson Fernandez said that this section and the city ordinance on parking could be conflicting. There will have to be standards specifYing designated parking lanes~ Defining roadway sections where parking is permitted. Pae:e 10 Section 20-354(12) Wadley stated that a typical urban area is a little more formal. Pae:e 12 Section 20-354(18) Chairperson Fernandez suggested describing "specialty paving". Wadley said he would like to do some illustrative sketches. Chairperson Fernandez asked if setbacks could be put in to allow for buffering or landscaping in the re-development area. Wadley said yes, that was an excellent point. f' Pae:e 15 Section 20-355(1) Change to read: Window signs may be permitted under special circumstances... Pae:e 17 Section 20-355(/)(11) Hoffinann said "Political campaign signs only by permit"~ they can't be prohibited. Pae:e 22 Section 20-359(12) The board recommend this read: Any outparcel which is physically or functionally separated from a single, unified and integrated project shall be prohibited. Wadley suggested the recommendation be moved to the second sentence of Section 20-359(8). Section 20-359(13) Move Section 20-359(9) to (13) as a second sentence. Consensus of the members to leave Section 20-350 and Section 20-351(1) as written. Consensus of the board to approve the land development regulations for the Town Center Area with comments addressed. m. Unfinished Business r Chairperson Fernandez requested that Grimms present the Rules and Regulations to the P & Z Board I"" I"" I"" Minutes Planning and Zoning BoardlLocal Planning Agency October 2, 1996 Regular Meeting Page 7 of 7 regardless of changes which may be made by the City Manager. Hoffinann asked about the City Manager reviewing the request concerning brief biographies of staff who present testimony. These biographies are to be on file in the City Clerk's Office. The board is waiting to hear from the City Manager. IV. Adjournment The Chair adjourned the meeting at 8:56 p.m. Minutes submitted by: Martha Jenkins, Deputy City Clerk City of Winter Springs, Florida