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HomeMy WebLinkAbout1997 03 19 Planning and Zoning Board Regular Minutes MINUTES .1"" PLANNING AND ZONING BOARDILP A MARCH 19, 1997 - REGULAR MEETING I. Call to Order Chairman Fernandez called the meeting to order at 7: 00 p.m. in the Commission Chambers, Municipal Building. Pled2e of Alle2iance Roll Call Also Present Bill Fernandez, Chairman, present Gene Lein, present Art Hoffinann, present Carl Stephens, present Tom Brown, present Tom Grimms, Community Development Coordinator Aooroval of the Februarv 19. 1997 Plannin2 and Zonin2 Board/LP A Re2ular Meetin2 Minutes r Moved, seconded and carried to approve the February 19, 1997 Planning and Zoning BoardlLPA Regular Meeting Minutes. ll. REGULAR AGENDA A) Sanlando (Joyce) Rezoning SM-CPA-J-97 Grimms stated that Item A should read Small Scale Amendment, not Rezoning; the staff report is correct. His presentation included findings and staff recommendation from the staff report. Board members, staff members, and the applicant for Item A were the only people present at the meeting. Motion: The Local Planning Agency recommends to the City Commission the approval as requested by Doug Maise of Sanlando Land, Inc. for a change of Future Land Use designation from "Mixed Use" to "Lower Density Residential" on the subject property based on the finding indicated by the city. Motion by Brown. Second by Stephens. Discussion: Hoffinann asked if the on-site wetland area could be filled for future use as a consequence of not being a conservation area. Grimms said possibly. The applicant must get reviewed by the St. John's Water Management District, and they (SJWMD) determine whether the area will be preserved (mitigated). With regards to the Staff Report [II, B(c) Wildlife and Species Designated as Endangered, Threatened or Special Concern], Lein said that up until today the Supreme Court ruled that if there was a situation where r endangered wildlife was in the way, property owners would be told they couldn't use it; however, the Supreme Court just passed a ruling stating that a property owner could go to court and fight it. It will probably filter down to the local governments. r MINUTES PLANNING AND WNlNG BOARDILPA MARCH 19, 1997 - REGULAR MEETING PAGE20F 5 Brown asked when the allocation of water and sewer is presented. Grimms said the consideration of water and sewer will come when the developer presents his project to this board and the Commission. Grimms stated the entrance will only be off of Tuskawilla Road; there will be no entrance on to Orange Avenue. He also added that there is an isolated wetland located on subject property as indicated in Figure F-8 of the City's Comp Plan and an on-site inspection disclosed at the very eastern edge of the property Gust a matter of feet). He does not see it as a big problem, but cannot speak for SJWMD. Chairman Fernandez asked about the Land Use Compatibility section of the staffreport. Grimms said the section is part of his standard review, and it also serves as a flag to developers so they develop with respect to the types of soils present. Chairman Fernandez mentioned he recently spoke with the City Manager, and found out that the city does not require a permit to fill land. He wanted to know how the city makes sure the engineering is being done properly. The board recommended to Grimms that staff consider regulations for such. Lein asked if the developer was aware that he could be in the surrounding area of the town center. Grimms said that he is fully aware. Vote: Hoffmann, aye; Brown, aye; Fernandez, aye; Lein, aye; Stephens, aye. r- Motion carried. B) Lake Irene Investors Annexation (ANX-3-97) Grimms stated that Winn-Dixie was previously interested in the property on the north side of S.R. 434 just east of the property presented tonight. Recently, Winn-Dixie became interested in the property in front of Sun Shadow Apartments. Fernandez announced that no one other than staff and board members were present. He announced that Grimms' credentials were on file. It was verified that the meeting was posted properly. r Grimms displayed a large map. He stated that at the present time that there is no access to Timberlane; however, there is a proposal to have a cross access road to help ease the traffic situation. The representative feels this situation can be resolved with FDOT. Hoffinann suggested that the rest of the area be annexed as well. Grimms said the additional annexation will probably be the next step, as informally discussed; also, there is a "Time of the Essence" sense of things with Winn-Dixie. The owner wants to hasten the process so Winn-Dixie will remain interested in developing on their property. Question was raised, Why the hurry? Grimms explained that he guesses Winn-Dixie is about to make a decision to locate on either one of the properties which rationalizes, certainly in part, of why there is sense of "time is of the essence" for these property owners. Stephens asked, Why the annexation, were they turned down by another agency? Grimms said no, but he wouldn't be surprised if there has been discussion with the City of Casselberry. Lake Irene Investors has expressed an interest in being annexed into Winter Springs; furthermore, developing their property under our city's regulations. Grimms said his interests are in Winter Springs, and would like to see it in the City of Winter Springs to add to the City's tax base. Chairman Fernandez commented that he would like to Winter Springs property at the entrance into Winter Springs. r MINUTES PLANNING AND ZONING BOARDILPA MARCH 19, 1997 - REGULAR MEETING PAGE 3 OF 5 Hoffinann said that part of the parking lot is not in the annexed portion. Grimms pointed out that the 9.58 acres is largely what Winn-Dixie would develop on, then he added, this is a conceptual plan. A survey is required, and will be presented at the preliminary plan period. Lein asked if the Lake Irene Investors was a group of landowners. Grimms said he understands them to be an incorporated group of owners that own pretty much the whole area. Lein asked why they didn't bring the whole area in for annexation at one meeting. There was a brief discussion about large scale amendments. Hoffinann commented about the difficulty for any type of commercial development at that entrance way. Grimms said that FDOT may possibly make an exception to their requirements of the spacing of traffic lights (general rule is 1,320 feet), and put a light at the entrance of Sun Shadow. Brown agreed with Hoffinann about the annexation, and the problem with the traffic. Grimms said there are traffic options that can ameliorate traffic difficulties that may arise. He then stated, frankly, that if Winter Springs doesn't get the property, then Casselberry will. Chairman Fernandez asked if it benefited the City to have the property within the city limits for greater regulatory control, as to Code Enforcement, at one of the City's major entrances. Grimms said, very definitely. Hoffinann asked if they could recommend annexing the remainder portion of their property. Grimms recommended that they make that recommendation. He reminded the board that these concerns of traffic will have to be considered by either Winter Springs, Casselberry, or the County, and said he would prefer that Winter Springs deal with these considerations. Lein agreed with Hoffinann, but said that it seems the cities are playing politics. Grimms said that he thinks the focus is more r that Lake Irene Investors and Brandon are in competition, but his concern is to get the property annexed into Wmter Springs for control of one of the city's arterial entrance ways, and to vary the tax base. He said he hoped that through interlocal agreement, the cities can take a rational, logical reasoned approach. Brown asked if Timberlane would become part of Winter Springs if all of the Lake Irene Investors properties were annexed. Grimms said no, Casselberry property extends to the west edge of the right-of- way at Timberlane, and the road would remain in Casselberry. Hoffmann said he would have liked the representative to be present so questions could be answered. Grimms said Ken Letller was notified. Brown recalled that there was a similar situation on the north side of S.R. 434 years back which involved Letller; the situation was postponed and Letller came to the next meeting. Chairman Fernandez restated the letter from Lake Irene Investors (staffreport attachment), and asked if they had formerly initiated a petition, and who is the petitioner. Grimms said the petitioner is Ken Letller, representative of the Lake Irene Investors. Chairman Fernandez then asked if the City knows if the six owners of Lake Irene Investors are a legal partnership, a fictitious name, or a limited partnership Grimms said that Letller had mentioned the names to him, and assured the board that none of the owners were Club Juana. Chairman Fernandez said that he finds it disingenuous for Attorney Letller not to give the Planning and Zoning Board the courtesy to appear and respond to questions -in order for the Board to make intelligent decisions with specific findings of fact. He said he wants to know that the City is dealing with reputable individuals. He commented that staff recommendations are appropriate. Discussion of annexing enclaves, and updating the city's maps. r Motion: The Planning and Zoning Board/LP A approve the annexation of this property subject to all of the I"""'" MINUTES PLANNING AND ZONING BOARDILPA MARCH 19, 1997 - REGULAR MEETING PAGE 4 OF 5 owners of this property being identified, and recommend to the City Commission that they encourage the annexation of the property to the east of this property before any development of this annexed property begins; staff's findings included. Motion by Hoffinann. Motion died due to lack of second. Motion: The petitioner to the city appear in front of this board so that some of the findings and questions that we do have I think most are minor and as the chair stated I think: there is a few things to be cleared up in our minds and we could go forward with it, and that is my motion that he would appear before us, give us a courtesy. Fernandez added, that it be tabled then pending a personal appearance ofa representative for whatever Lake Irene Investors is: a limited partnership, a fictitious name; general partnership, whatever. (Brown agreed) Motion by Brown. Second by Lein. Vote: Lein, aye; Brown, aye; Stephens, aye; Fernandez, aye; Hoffmann, nay. Motion carried. C) Lake Irene Investors Small Scale Comprehensive Plan Amendment (SM-CPA-3-97) Motion: Table Item C, Lake Irene Investors Small Scale Comprehensive Plan Amendment (SM-CP A-3-97). I""'" Motion by Brown. Second by Stephens. Vote: Brown, aye; Lein, aye; Hoffmann, nay; Fernandez, aye; Stephens, aye. Motion carried. D) Lake Irene Investors Rezoning (REZ-3-97) Motion: Table Item D, Lake Irene Investors Rezoning (REZ-3-97). Motion by Brown. Second by Lein. Vote: Stephens, aye; Lein, aye; Hoffmann, nay; Fernandez, aye; Brown, aye. Motion carried. Grimms offered the suggestion of reviewing the small scale comprehensive plan amendment request contingent upon the concerns expressed in the reasons why the annexation was tabled. Chairman Fernandez said that he read information stating that their board only has one public hearing, and if they approve it with contingencies, the item doesn't come back to the board. Grimms advised the members that because they tabled the item doesn't mean that the issue stops, and will come back before the board again. Hoffinann suggested adding an additional motion with information to the City Commission as to the tabling of the other two items (Comprehensive plan and rezoning) based on the same contingencies the board has put in the refusal to hear the annexation so the Commission understands why they did what they did. r" Chairman Fernandez said that he feels Grimms' is trying to get the board to elucidate their reasons to the City Commission so that diplomatically they can get the City Commission to work with the board. The members have the best interest of the city at heart, but they feel they are lacking certain information that could be supplied by the applicant. When the applicant doesn't attend the meeting to respond to the board's r"' MINUTES PLANNING AND ZONING BOARDILPA MARCH 19, 1997 - REGULAR MEETING PAGE 5 OF 5 questions, the board cannot adequately do their job in a proper fashion and make proper determinations and findings with very binding recommendations to the City Commission. If the Commission doesn't back the board, then it is undercutting the function and purpose of the Planning and Zoning BoardlLP A which shows a lack of harmony and cooperation in the city. He hoped that the City Commission will work with them, and force the developers to follow through with their applications to appear and give the board the information needed so that they can do their job so it's easier on the City Commission for them to do their job. Lein moved that Chairman Fernandez's comments be an amendment to the first motion. Stephens seconded Brown declined the amendment to the motion, and expressed his reasoning. Lein asked Grimms that on what basis does this item not stop at this board since the item didn't go through them yet. The Planning and Zoning BoardlLP A tabled the Mikes issue at the last meeting, and it stopped at their board. Grimms said that he may be wrong, but his understanding is that the Planning and Zoning BoardlLP A is an advisory board to the City Commission, and that cannot prevent an item from being considered by the City Commission. Lein said that would mean that the board didn't get to do their function. ,,-. Grimms said he would like to see the board consider recommending the annexation of the property with a caveat stating that they strongly recommend to the City Commission that they (Commission) convey to the Lake Irene Investors that the city would like to see both the east and west portions of that approximately 20-21 acre, parcel 16B, also be annexed into the city in fairly short order. Brown said he didn't know why Grimms keeps pushing the issue. IV. FUTURE AGENDA ITEMS Chairman Fernandez stated that one of the owners or the attorney can be present at the April 2, 1996 Planning and Zoning Board meeting. Update on the landfill permit issue. Chairman Fernandez said his neighbor wants to make a second split on his lot. He doesn't intend to build on it; he just wants the extra land for a horse so that he qualifies under the city ordinance. Hoffmann responded that it should go before the Board of Adjustments. Stephens said he spoke with the gentleman, and what he really wants is to get it replatted. Lein said that lot splits for Chelsea Woods came before the Planning and Zoning Board a few months ago. v. ADJOURNMENT The meeting adjourned at 8:32 p.m. r- Minutes submitted by: Martha Jenkins, Deputy City Clerk