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HomeMy WebLinkAbout1997 10 01 Planning and Zoning Board Regular Minutes r- MINUTES PLANNING AND ZONING BOARD/LPA OCTOBER 1, 1997 - REGULAR MEETING I. CALL TO ORDER. PLEDGE OF ALLEGIANCE The Planning and Zoning Board/LPA meeting was called to order Wednesday, October 1, 1997 at 7:15 p.m. by Chairman Fernandez in the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida). The Pledge of Allegiance followed. ROLL CALL ALSO PRESENT Bill Fernandez, Chairman, present Gene Lein, absent Carl Stephens, absent Tom Brown, present Rozanne Karr, absent Charles C. Carrington, Comm. Dev. Coordinator Tom Grimms, Comm. Dev. Coordinator Don Houck, Building Official Chairman Fernandez noted that Lein and Karr had announced at the last meeting that they both were not going to be able to attend the October 1, 1997 meeting. APPROVAL OF THE SEPTEMBER 17. 1997 PLANNING AND ZONING BOARD/LPA REGULAR MEETING MINUTES Both Fernandez and Brown said that they had reviewed the above mentioned minutes, and they both had no comments. The minutes could not be approved as there was no quorum. r' II. REGULAR AGENDA A) Horton Alteration to Greenbriar at Tuscawilla Final Development Plan Chairman Fernandez asked Tom Grimms, Community Development Coordinator for the City how he wanted to proceed with this agenda item, as there was no quorum. Tom Grimms said that he would proceed with an informal presentation for the benefit of those in the audience. Tom Grimms began his presentation by stating that in December of 1988 Greenbriar, Phase II, Final Development Plan was approved by the City Commission, upon the favorable recommendation of the Planning and Zoning Board. This final development plan reflected the 40 foot setback along the golf course. D.R. Horton (Builder) is requesting the buffer be reduced from 40 feet to 30 feet. Chairman Fernandez asked for clarification as to which Phase in Greenbriar had been approved for the 40 foot setback. Tom Grimms stated that it was Phase II. Tom Grimms continued his presentation, stating that the Home Owner's Association has endorsed the change from a 40 foot buffer along the golf course to a 30 foot buffer. He then stated that City Zoning Ordinance, Section 20-359 permits a change of the Final Development Plan by the Planning and Zoning Board if the change is viewed as not substantial. The Community Development staff has reviewed the request by D.R. Horton and has determined that the change to a 30 foot buffer will not adversely affect the community, and that due to what they feel are "minor" changes, that the Planning and Zoning Board can consider this request. r r MINUTES PLAMmlG AIm ZOIfllfG BOARD/LPA OcrOBER I, 1997 - REGULAR MEETING Page 2 of4 Chairman Femandez mentioned that in the mail-out that he received, on page 4, under Findings, Item III, the second bullet - indicates that there was no indication of a 40 foot setback on the Final Development Plan, for Greenbriar, Phase II. Tom Grimms interjected that later, another copy was found that did indicate a 40 foot setback. Chairman Femandez asked that for the next meeting on October 15, 1997, that the "Findings" section be reprinted with the most accurate setbacks noted. Tom Grimms then pointed out the properties and setbacks in question at Greenbriar, Phase II on large maps of the area. Charles Carrington then presented slides showing some of the homes in Greenbriar, Phase II and the buffer along the golf course. Chairman Femandez reiterated that the Home Owner's Association (for both Phases I and II) is in fact, in favor of the reduction of the 40 foot setback. Chairman Femandez asked about the closeness of other subdivisions to Greenbriar, and also asked if anyone else going to be impacted, hurt or affected? Tom Grimms responded by showing the location of Greenbriar on the large, colorized "Future Land Use" map on the Commission Chambers wall. Tom Grimms then mentioned that the Architectural Review Board for Greenbriar did approve the change from a 40 foot setback to a 30 foot setback for numerous lots. r Chairman Femandez and Tom Grimms both noted that the Architectural Review Board for Greenbriar is comprised primarily of representatives from the developer. Chairman Femandez asked if there was concem about the Architectural Review Board's bylaws allowing them to make changes without the City's approval. Charles Carrington addressed Chairman Femandez' concem by stating that under the current Planned Unit Development (PUD) plan, the City's ordinances clearly state that the Home Owner's Association has the right to deal with certain issues, (City Ordinance - pages 12-26, 12-30, and pages 12-31), such as setbacks. Further comments from Charles Carrington addressed this issue, and with agreement from the City Attomey (Mr. Guthrie), Charles Carrington stated that the staff did not feel that in this case, they had the final authority to make any amendments to an approved Final Development Plan - therefore, staff was asking for guidance by the Planning and Zoning Board. This situation also relates to an agreement between the builder and Mr. And Mrs. Chris Harris, who have entered into a contract and applied to the City of Winter Springs for a building permit to extend a screened area into the setback area. Chairman Femandez asked if there were any other homes in Greenbriar, Phase II with similar encroachment problems. Charles Carrington replied that there were four other building permits issued in 1995 and 1996 that have encroached into the setbacks. Chairman Femandez and Tom Grimms then both noted that the Homeowner's Association is mainly controlled by the developer. Tom Grimms added that the majority vote is the builder, D.R. Horton. Chairman Femandez stated that he was concemed about the City getting involved in a lawsuit if a "special" ruling is passed to address this problem in Greenbriar, Phase II, and asked that it be addressed with the City Attomey. r r- MINUTES PLAllBlBG Al'ID ZOlUl'lG BOARD/LPA OcrOBER 1, 1997 - REGULAR MEETING Page 30f4 Tom Grimms concluded his presentation. The next comments came from D.R. Horton's Attorney, Bill Barfield. He first addressed Vice Chairman Brown's question and stated that D.R. Horton does own the majority of the lots in Greenbriar, and therefore they have control until they sell them. At that point, D.R. Horton would then lose their majority interest. He then addressed Chairman Fernandez' question as to the rights of any other home owners in Greenbriar, Phase I. He replied that there was an amendment to the original covenants which stated that, with the approval of the Architectural Review Board, the setbacks along the golf course lots could be modified from 40 feet to 30 feet; and that all the home owners who have bought lots - took these properties subject to those recorded covenants, conditions, and restrictions. This could apply to both Phases I and II. Vice-Chairman Brown asked if home owners in Greenbriar, Phase I were notified as to the intended modifications that are being proposed. Bill Barfield was not aware if they in fact had been notified, however a number of the home owners in Phase I of Greenbriar have signed an amendment to the covenants, conditions, and restrictions permitting the modification to 40 foot setback with the approval of the Architectural Review Board. I""" Bill Barfield also commented that D.R. Horton should be referred to as the builder and not the developer, as they bought all of their lots from the developer, and these properties were already "developed", and it is "my understanding that the covenants, conditions, and restrictions that we bought the lots under and indeed permits the deviation, was filed by the original developer and it was filed before the first lot was ever sold". Vice-Chairman Brown continued discussion with Bill Barfield regarding why Greenbriar's Association President and vice-president were not here tonight to comment on whether the property owners did have knowledge of this situation. Bill Barfield mentioned again that they are bound by the covenants, conditions, and restrictions that were taken when they bought the lots, and that they are not being asked for anything different, other than what they are bound fort. Vice-Chairman Brown mentioned his concern with the Board's responsibility to protect the citizens. Bill Barfield concluded his comments by mentioning that he thought that the setbacks for the remainder of the lots were something "minute" like six feet, (not including those lots on the golf course). Greenbriar residents, Chris and JoAnn Harris (who according to Chairman Fernandez is trying to have their pool enclosed) said that "when we bought the property, we looked at the deed restrictions and we read through all that stuff, and we talked about putting this addition on the house, because it wasn't the way we wanted it. - it was in black and white." He then said, "Ibthink the bottom line is that it's written, and they have the rights to what's there, and now you're telling us that there is a question mark there. And, I don't understand." Mr. Harris continued by saying that if things were up in the air, the that would be one thing, but if it is something that has been written and agreed upon by all those that have bought in Greenbriar, then he cannot understand what the question is. Chairman Bill Fernandez asked if anyone else had any comments for the record regarding this I""'"" matter and that this matter would be tabled until the October 15, 1997 meeting. r- MINUTES PLAlUIIl'IG AND ZOIflRG BOARD/LPA OcroBER I, 1997 - REGULAR MEETING Page 4 of4 Chairman Bill Fernandez asked for more detailed minutes regarding the Attorney's presentation and the Harris' presentation. He also asked that Tom Grimms' update his finding of fact for the next meeting. Vice-Chairman Brown asked that a copy of this evening's recording be sent with the minutes to the three (3) Board members that were not in attendance tonight, so that they could more accurately analyze this evening's meeting. Chairman Fernandez, for the record, asked if this board was Local Planning Agency (LPA) or if they were Planning and Zoning in this matter - Tom Grimms stated that were Planning and Zoning. Chairman Fernandez then concluded that they were addressing a broad scope of parcel regarding this matter. The chair then recognized David Auld, vice-president of D.R. Horton for the Orlando Division, who asked if the Board could make this "Harris" matter a separate issue. Chairman Fernandez replied by saying "NO." Vice-Chairman Brown spoke about the entrance to Greenbriar and if there was a need for more entrances for emergency situations. Tom Grimms replied and stated that this matter had carefully been reviewed and analyzed by Staff. III. FUTURE AGENDA ITEMS r" October 15. 1997 Meetina 1) Review memo from Attorney Guthrie regarding bylaws 2) Review the EAR for 15 minutes 3) D.R. Horton Alteration to Greenbriar at Tuscawilla Final Development Plan