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HomeMy WebLinkAbout1996 11 06 Planning and Zoning Board Regular Minutes r-- MINUTES PLANNING AND ZONING BOARDILP A NOVEMBER 6, 1996 - REGULAR MEETING I. Call to Order Chairperson Fernandez called the meeting to order at 7:00 p.m. in the Commission Chambers, Municipal Building. Pledee of A1leeiance Roll Call Also Dresent Bill Fernandez, Chairperson, present Art Hoffinann, present Gene Lein, present Carl Stephens, present Tom Brown, present Don LeBlanc, Land Development Specialist Tom Grimms, Comm. Development Coord. Approval of the October 2. 1996 Plan nine and Zoninl Board Relular Meetine Minutes /"' Motion: Approve the October 2, 1996 Planning and Zoning Board Regular Meeting Minutes as submitted. Motion by Hoffinann. Second by Lein. Vote: Hoffmann, aye; Stephens, abstain; Brown, abstain; Lein, aye; Fernandez, aye. Motion carried. II. New Business A) Review of Proposed Ordinance adding Rustic Residential Collector Road Standards to the Code of Ordinances Two schematics were displayed. Chairperson Fernandez said that he attended the two previous meetings relating to this matter. Hoffinann stated that the collector road "with recreational trails" distinguishes it from other types of roads. Motion: Approve and recommend to the Commission a change of ordinance adding rustic residential collector roads with recreational trails to the Code of the City of Winter Springs. Motion by Lein. Second by Stephens. Vote: Stephens, aye; Hoffmann, aye; Fernandez, aye; Lein, aye; Brown, aye. Motion passed. B) Arrowhead at Tuscawilla Units 3 and 4 Final Development Plan/Preliminary Engineering I"'" Chairperson Fernandez advised those present who wished to speak that it is presumed that they will be r' MINUTES PLANNING AND ZONING BOARDILPA NOVEMBER 6, 1996 - REGULAR MEETING PAGE20F 7 telling the truth. LeBlanc said that the plans for unit #3 presently show 20 lots. Only 19 lots can be built according to the settlement agreement, but that can be corrected at final engineering. He presented staff comments. The Settlement agreement states that the May 8, 1995 and July 24, 1995 meetings of the City Commission are incorporated herein by reference. One of the items stated at the May 8, 1995 meeting was that the tennis courts would be reconstructed on unit #3, parcel 7; however, there are no plans showing reconstruction of a tennis court. Lein asked why the matter has gotten so far without the information about the tennis courts. LeBlanc said the slip up was human error. Lein asked if the plans will be complete as far as the Settlement agreement is concerned. LeBlanc said that is a legal question. r- Lein also stated that on April 5, 1995 the conceptual plan came before the P & Z Board, and was rejected. He read a paragraph from a letter to the City Manager from LeBlanc: There will be remodeling done of the actual country club property during the construction of this phase (Unit 3, parcel 7). Removing and replacing tennis courts, eliminating and adding parking spaces. Tear down and expand existing cafe; shielding the parking lot with a wall... He then read an excerpt from the May 8, 1995 minutes of the Commission meeting: Tuscawilla Unit 3, ParceI7-Mr. Mikes stated that this land is lying east of the cafe and the pool, and this plan shows the removal of tennis courts, and the reconstruction of those tennis courts. It shows the cafe to be expanded and replaced in the present position. The pool will have the deck removed, and all new pool equipment will be added..As we develop the homes, we are putting money back into spending in excess of 1.5 million dollars to rebuild the cafe and tennis courts, etc. Lein wanted to know where the tennis courts would be located. Hoffinann said that it should be noted that the P & Z Board is still questioning the 100 year floodplain line passing through lots 16 & 17. Consensus of the board to hear public input, wait until additional information is received from the city attorney as to legalities, as well as information concerning the tennis courts and swimming pool; make a recommendation at a future meeting based on the total package. Brown requested that Kip Lockcuff(public WorkslUtility Director) attend for comments concerning the water mains and reclaimed water. Jim Mikes, Tuscawilla Country Club, stated that a complete package was provided to staff In regards to the board members inquiries, Mikes said he thought the city's engineering staff has gone over the buildable lots, the floodplain, the fire hydrants, and the turning radiuses. The eflluent lines are put in by request of the city in anticipation of having future authority to put eflluent on individual houses. He stated that as far as the tennis and swimming, the board will have to make their own judgement. There is no authority on the part of a government body to require the continuation of a business as a contingency, as an obligation, on the part of somebody asking for the approval of land to be platted in a fashion consistent "".-, with all of the other city codes. That is a judgement for the city council to make after they have been advised by the city attorney. It is a city council judgement to force somebody to keep something going that ,...... MINUTES PLANNING AND ZONING BOARDILPA NOVEMBER 6, 1996 - REGULAR MEETING PAGE 3 OF 7 isn't necessary. Chairperson Fernandez asked if this was a result of a mediation settlement where the parties made certain agreements ( compromises) which have been signed. Mikes said the city is in the business of providing recreational services, and the city is in the process of providing these services. There is no obligation on the part of a private business to continue the operation of those aspects of the business which are not necessarily justified given the economics. The city attorney will have to make that choice. There is no obligation on the part of that golf club of maintaining a tennis and swimming facility. It would be a different story if the city agreed not to get into competition with a private business. Hoflinann commented that the city attorney will have to interpret the phrase "shall be used" in 6 (b) of the settlement agreement. Referring to section 9.18 of the covenants, Hoffinann asked if a home buyer could still file for a Florida homestead exemption. Mikes said absolutely, it just relates to the homeowner's commitment with respect to its assessment to the homeowner association. "..... Lein said that from what he is hearing now it sounds like Mikes brought information to the Commission and purposely misled them into an agreement on something he never intended to follow up on. Mikes suggested that proof be provided to the city attorney for evaluation. He added, the city has made choices to provide services that will be available to the residents of this city. It is a different circumstance from what the city presented at the time; the city was not getting into that same business. This is a business judgement. There is no way to justifY the existence of eight tennis courts. There is no evidence in the Orlando community that tennis courts of this nature survive economically. If they get turned over to the Homeowners Association, that is fine; the homeowners may maintain it. He said that he would be happy to commit to provide the land for it, but he will not be happy to commit to provide the money to build it. Brown agreed with Mikes that the city attorney needs to explain section 6(b) of the settlement agreement. Mikes said that he has heard the interests in the tennis courts. If the P & Z Board recommends to the Commission, and the Commission agrees that a plan be provided that shows tennis courts, then Mikes will commit to a plan showing tennis courts. He refuses to commit to putting money into rebuilding courts. Chairperson Fernandez asked LeBlanc, "If engineering plans are submitted showing the layout of tennis courts, does the developer have to build the courts"? LeBlanc said no. The Chair also asked if the P & Z Board has to make a recommendation that the Commission make the developer make a financial commitment to complete the plan. LeBlanc said that is a question for the city attorney. r EdMartinez, President of the TuscawillaHomeownersAssociation, 802 Leopard Trail, said he finds the continuing development and the destruction of the ecosystem of the area unwarranted. The P & Z Board should look more carefully into future planning and developing. The Tuscawilla Homeowners Association's residents and neighbors oppose any variances to the agreement which calls for the Tuscawilla Country Club r-- MINUTES PLANNING AND ZONING BOARDILPA NOVEMBER 6, 1996 - REGULAR MEETING PAGE 4 OF 7 to be a recreational area. The two amendments were drafted without notice to the HOA. It also states on the agreement that any concrete change to the settlement would take place in front of a judge in a court of law, but has not as of yet. He stated that the homeowners association and the city should work closer together to avoid incidents such as this. There is a settlement agreement entered into, and Mikes signed it, and now he is seeking variances to overcome the instrument he signed. He mentioned he felt like he got a run around today when he requested copies of public records. Chairperson Fernandez asked when the packet in the lobby gets displayed. Jenkins, Deputy City Clerk, said that the lobby packet is displayed the same time the board members packets are mailed; a week to a week and a half (prior to the meeting date). Moti Khemlani, 605 Morgan Street, distributed copies of a letter dated November 6, 1996 from their attorney, then read the letter (attached hereto). He said that it is incumbent upon the city to make sure the agreement is adhered to. He doesn't want either Unit 3 or 4 recommended for approval. He also recommended that the layout of the plan be shared with the public. The Chair apologized for borrowing the lobby packet for tonight. ,"'-""" Paul Finnegan, 1567 Warrington Street, challenged the P & Z Board to go beyond the city attorney--go back to the original judgement and the parties who had any vested interests at that time. Paul P. Partyka, 684 Oswega Court, suggested closing the meeting until all of the information is presented. Chairperson Fernandez summarized information needed from the city attorney as to the legality of the settlement agreement, any second modification of it and whether or not the second modification needs to be approved by the judge (amending the judges final order approving the first settlement agreement). Secondly, the legality of whether or not the minutes of May 5, 1995 and July 27, 1995 form a part of the settlement agreement. Also whether or not it was (or is) the city's position that the developer should be required to go forward financially, or whether or not the contemplation of the parties was that the developer simply show them on the plan if developed or not. He said he would like to include in the request to the city attorney the comments of the HOA's attorney. He also would like to know if there is any legal necessity to hold further public hearings, and if there are requirements that the HOA be notified, and participate in any modifications of agreements between the developer and the City. Whether or not any modifications of a second amendment to the settlement agreement dated September 30, 1995 have to have the court approval. Consensus of the board to request that the city attorney attend the next meeting. Hoffinann asked that the city attorney answer the following question: Is what we have before us, or anything in the future, a modification of the settlement agreement? l".... Mikes asked for clarification by the city attorney on whether or not the second amendment has to be taken r- MINUTES PLANNING AND ZONING BOARDILPA NOVEMBER 6, 1996 - REGULAR MEETING PAGE 5 OF 7 back for court approval. He also asked if it is necessary for other approved settlement agreements to require so that it is focused on the total practice (total package) of this city over the last five years in working with settlement agreements. LeBlanc commented that the clause in the other settlement agreement (Tuscawilla Joint Venture) reads that the city and the signee are in agreement to make changes without going to court. Mikes said that he will present a plan that will show tennis courts on the golf course property after the Commission requires it. Martinez said he wants to know from the city attorney how the city got around conducting a public meeting. The agreement states that amendments were to be conducted publicly, and they (HOA) have not had any input, knowledge, or notification that these amendments were taking place. LeBlanc said that the second settlement agreement was passed 5-0 on July 24, 1995 at a city Commission meeting. The agenda is posted outside of city hall, and five or six places around the city. The Chair asked if there was any requirement in the Settlement agreement that the HOA be given any notice. LeBlanc said he didn't believe so, but the city attorney will have to address the question. r-- Chairperson Fernandez stated that there may not be a meeting on November 20, 1996 if the attorney has not responded. He requested that the HOA be notified of the next meeting. ID. Unfinished Business A) Winter Springs Loop--Collector Roads Chairperson Fernandez said that this item is on the agenda per his request. It has been brought to his attention that Panama Road was designated as a collector road. The Utility Director included funds in the upcoming year for the paving of Panama Road, and Chairperson Fernandez said he questioned it at the time. There was a memo circulated by Grimms to the City Manager; and Chairperson Fernandez responded to that memo with a letter. (The board members have copies of the memo and letter) Chairperson Fernandez said he wanted to clarifY that the motion he made to eliminate Panama Road as a collector road, and not just the extension to S.R. 434, was in fact the action taken. Hoffmann said he received a call from a resident asking about Panama Road, and he didn't have any information to give the caller. He stated that he objected to getting an agenda item without any documentation. ~. Chairperson Fernandez said he felt there has been an interpretation by staff of a motion that this board made, and the Commission has yet to vote on it, and he wanted to make clear for staff and Commission what his mental process was, and what his motion was so that there is no misinterpretation by staff. If there is another procedure in which to address this matter, then he will comply with the fellow board member's MINUTES r-- PLANNING AND ZONING BOARDILPA NOVEMBER 6, 1996 - REGULAR MEETING PAGE 6 OF 7 request to be given information in advance; however, he said he does not have the right to command staff to prepare a package. He said that the request was made to the City Manager in the last paragraph of his letter. He said he will put it on the agenda however long it takes to get discussed. He said his interpretation of his motion was all of the areas in yellow which includes all of Panama Road. Hoffinann requested verbatim minutes of the August 16, 1995 meeting. Chairperson Fernandez said to put this item on the next agenda under unfinished business. He added that he is not taking the blame for something that the City Manager or staff failed to do which was requested of them. Grimms stated that the City Manager wrote a response to the Chair on November 5, 1996. Chairperson Fernandez said he has not received it, and requested that all of the P & Z Board members get a copy of the response. Lein suggested the item be tabled until the meeting. Al Lockyer, 212 Morton Lane, respectfully requested that Chairperson Fernandez and Stephens resign from the board. Duane Roaderick, 120 Panama Road East, distributed copies of a petition from 1995. He said there has always been a question with regard to who the HOA (Ranchland) was, and what the representation was of the HOA. The HOA is comprised of approximately 10% of the total residents of the Ranchlands. The r- petition was generated to find out what the homeowners really wanted. 80%-85% of the residents on Panama Road (which is part of this loop) want paving. He said that it isn't fair to take advantage of a situation and environment that affects all of the people on the petition. He said that the Commission has already voted on it, and he can't see bringing it up again. Hoffinann said that he didn't feel Chairperson Fernandez and Stephens needed to resign, but there could be a conflict of interest. He suggested they refrain from voting. Chairperson Fernandez said that as far as he know there will not be any voting. It would take somebody who had previously voted with the motion to eliminate it. What is being discussed is the intent and meaning of the motion that is already passed so that the Commission (who has not yet voted to change the future traffic circulation map) would have accurate information as to what the actual motion (that has already taken place) was back in August 1995. Stephens said that he objects to people coming to the meeting and making general assumptions that he, as a public official, is going to vote without considering what the majority of the people want. He said that when he votes as a Planning and Zoning Board member he will take everything into consideration. As a citizen, he is not giving up his right to say what he thinks is right. He said that no one at the meeting really knows how he feels personally, and that they better bring an attorney with them the next time they come before the board making accusations. Lockyer said that he respects Stephens' public service, and the work he has done for the Ranchlands, but it is a known fact that he (Stephens) has been against paving for many years. The HOA is a minor representation of all of the population of the Ranchlands. Lockyer said he is not trying to be personal, but he has asked Chairperson Fernandez and Stephens to resign or abstain from voting because they are to close r. MINUTES 1""-. PLANNING AND ZONING BOARDILPA NOVEMBER 6, 1996 - REGULAR MEETING PAGE 7 OF 7 to it. Chairperson Fernandez stated that the board is not going to be voting on anything. Lockyer asked Chairperson Fernandez what motivated him to make that decision. Chairperson Fernandez said there was staff recommendations, there was staff testimony, and decisions made. A motion was made and he just wants to make sure staff clearly presents that to the Commission so that the people who are going to be taking a vote have the correct recommendations or motion that was made. Lockyer then asked what motivation did he personally have a year ago when he made the motion. Chairperson Fernandez said that his motivation is not a matter of public inquiry or discussion. Lockyer said he thought it was. Hoffinann requested a copy of the tape where the motion was made and discussed. Grimms said he would forward the request to the City Manager. Chairperson Fernandez requested all information (transcripts, minutes) on the Winter Springs Loop. He thought it was brought up at more than one meeting. f" Stephens said that he would like the people concerned to research the Commission minutes. Determination by the City Commission to pave or not to pave was made, finally, by the City sending out surveys to all of the citizens in the Ranchlands. LeBlanc spent many hours on the project. The citizens voted against paving. One time before that there was a petition circulated to pave. Suzie Reed and a few other people got up a petition against paving; the majority were against paving. Any other time after that the Commission said it would not pave until it received a petition with a majority of the people wanting paving. The decision was made by the city mailing out a survey, and the people of the Ranchlands voting. In fact, the majority of the people on Morton Lane voted against paving. Rev. Neil Backus, 110 E. Panama Road, suggested going ahead with the approved money for the collector road. He said his responsibility was getting the petition from the comer of Moss and Panama to the comer of Hayes and Panama. Keep the bridle paths so that Moss and Panama paths can connect together. Janet Gould-Spence, 101 E. Panama Road, said that it is time to pave; the money is there. She said she thought it should slow the traffic down, and there will be better fire and police protection. Seventeen years ago there were very few cars passing through the Ranchlands; today there is an awful lot of traffic. Chairperson Fernandez encouraged all to appear at the Commission meeting where the vote is going to take place. IV. Ad;ournment Consensus of the board to adjourn the meeting at 9:07 p.m. r". Minutes submitted by: Martha Jenkins, Deputy City Clerk City of Winter Springs, Florida 8TRN8TROD~.:~tclrlTa~H. COLD1'~RT. wxzaxax ~ ©IyiMONa, n..n. hTTOaNCY9 •HO COVn4ClLOAD AT LAW M/ILLIA4 1, CO ~OfAT /M1,q C. wniatiAM A OOLIIT n.. -.OiM Td LM OOgb.r, L[. Mfllir0-~ rvl~~~wr [. ~t1~CF1 nAMN, JA, GTMCMINt O. 11t1~CN MAMM [OOA• J. N[na1GK III Novembax 6, 1996 .. •UMTaVi~ ~~IJn - LV~Tt u ia0 wt7T 11~fT 1T11[ti ~osi OInCC Opa ~r.ar D.AHTOAD. TL01117A ]Q777.1l.10 LAM/OIIO MO11 7•^•f171 Of1.A X100 I.OT O]~LN• L.] won ~oo.f~r• City of kinttr 9pringa, Florida Planning end zoning Hoard 1126 x. 8tittq Rozd 434 Winter Springs, Ylorida 3270A RE: pQValopmant ~,n 'I~.tecawilla pUD. Dear Board Members: /1[NN [TN w. l+[IH7diw O- COVwIh OvVOlAl ti[MtTTON atTlaaa TNO•+Aa C. 'M MIQ NA!'1 I have been aakpd to write thiH latter on b©half of rtty e11enC, the 11.tacawilla Homcawnmre Arzluociation, an X ray unable to attQnd tonight's meeting. Wa object to chin Hoard tacking any action tonight which in any way is inconaiutrtnt with n prior 8etttlamrznnt Agreement, Court.ordora, prior Development Agreement, thee City'o Land Development Code, or.tha City's Comprehensive Plan. If this Board takes action in violation of the~April, 1993. Settlement AgranamQnt betty©en thct City and Florida Country Clubn, Inc., then we object to a lack of notice that an amendment to the Settlement Agreement wxs to be conaid~rsd tonight, Puruuant to § 6,~ a • 106, k'la. 6CaC . (1995) , Che City mz-y not amend c 8vttlemcnt Agreement without a noticed public hearing. Additionally, the April 1993 SattlRmant Agreement was approved by Court Order ds,ttd April ~1, 1994. The City may not change the 8ett2emant Agreement without approval from trir.t name court, which xetained jurisdiction to enforce the 8attl.m~nt Agreement. ' Hy the terms of the Settlamant Agreement, Florida Country Clubs, Inc, a.9toed in Paragraph No. 3 tha~c only deeignzl.ted portions of the Tuscnwilla PUD would bn developed for residential ueQO, zn Paragz~aph No. 6 (b) , the egreQmsnt states that the Go1P Property shall be uAad for operation of a country club, go1L couraQ, tannic club, and club house/reYtaurant. paragraph No, 8 provides that the agz~camalnt controls oven any other ordinance or ~Iimildr matter regarding the Zlzecaailla PUD- Paragraph No, 10 otatca that ell diaputen arq to be resolved by the court, Ir the action take~ra tonight results in an amendrnant to a EXHIBIT a Y city of Winter 9pringe, Florida planning a.nd Zoning Board November 6, 1996 Pago No. ~ COhIT 1 hNE FROf•1 PREY (C1US Pf1GE ~n Developm~ric Agreement, then t11a City needo to hold tN0 (~) y bLi~ hearings. Wa ob~mct to th{e Board taking any action inconoiatont wit a prior Deve~lapment Agreement. Also, any action taken must nor. contradict the City's Compreheneive Plan. W~ obi act to t2ie Board' a approval of any dcvelopmmnt plan ortered by Jim Mikes at chic meeting tonight,. The public hae not received proper.notice, and the CiCy hae not obtzinad eouz~t approval for euch action. Thank you Lor your attention ro this mztter. Vary truly yours, 6TENSTROM, Mcl~l'TOBX, COLBERT, S~HIGHAM & 9xMMONS, P.A. ,~~Catherinc D. ReiNChmann cc: Moti Khomlxni P , \X~cL.).?i I \W/ } 0 . LTA\a^