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HomeMy WebLinkAbout1997 10 15 Planning and Zoning Board Regular Minutes MINUTES PLANNING AND ZONING BOARDILPA OCTOBER 15, 1997 - REGULAR 1vfEETING I. CALL TO ORDER. PLEDGE OF ALLEGIANCE The Planning and Zoning BoardlLPA meeting was called to order Wednesday, October 15, 1997 at 7:00 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 Bill Fernandez, Chairman, present Tom Brown, Vice Chairman, present Gene Lein, present Carl Stephens, present Rozanne Karr, present ALSO PRESENT Charles C. Carrington, AICP Community Development Coordinator Tom Grimms, AICP Comprehensive Planning/Zoning Coordinator Chairman Fernandez noted that there was 100% attendance. APPROVAL OF THE SEPTEMBER 17. 1997 PLANNING AND ZONING BOARDILPA REGULAR MEETING MINUTES Motion by Gene Lein, second by Carl' Stephens. It was agreed that the motion to adopt the minutes of September 17, 1997 was carried by concensus of the Board. APPROVAL OF THE OCTOBER 1. 1997 PLANNING AND ZONING BOARDILPA REGULAR MEETING MINUTES Gene Lein voiced a concern about the October 1, 1997 "informational" meeting (and minutes). He said that because there was no meeting, then how could there be minutes, in addition to no quorum in attendance. Lein then made a motion "that the hearing of October 1, 1997 be ruled out of order." Chairman Fernandez ruled that that motion was out of order. Vice-Chairman Brown concurred with Chairman Fernandez that the meeting in question was not a meeting - it was for the courtesy of those that did attend, while they were waiting for another Board member to an1ve. Chairman Fernandez then said that he was going to accept the written notes from October 1, 1997 as a "report ofa get-together of two members of the public meeting that was called." Chairman Fernandez then addressed and recognized the newest member of the Board, Rozanne Karr. MlNrrrES PLANNING AND ZONING BOARDILP A , " OCTOBER lj, 1997 - REGULAR MEETING Page 2 of6 Before the regular agenda started, a couple of the Board members stated that they had received the package for tonight's meeting late today. ll. REGULAR AGENDA A) Horton Alteration to Greenbriar at Tuscawilla Final Development Plan Tom Grimms stated tonight that Greenbriar, Phase II, Final Development Plan was approved in December of 1988 by the City Commission, after they received favorable recommendation of the Planning and Zoning Board. This plan reflected a forty (40) foot setback along the golf course. D.R. Horton (Builder) is requesting the buffer be reduced from forty (40) feet to thirty (30) feet; and the Homeowner's Association has endorsed this change. Tom Grimms then stated that the City's Zoning Ordinance, Section 20-359 permits a change of the Final Development Plan by the J;>lanning and Zoning Board if the change is viewed as not substantial and that a change reflects the "spirit" of the Final Development Plan. Tom GrimIns said that staff believes that the change from a forty (40) foot buffer to a thirty (30) foot buffer would not negatively affect the golf course nor the functional enjoyment of the properties adjacent to the golf course, and that the granting of this reduction does not conflict with the covenants and restrictions of Greenbriar at Tuscawilla. Tom Grimms then elaborated with the "Findings" part of his presentation. Tom GrimIns continued with a slide presentation which showed some of the homes in Greenbriar, Phase IT along the golf course and the "buffer". Chairman Fernandez asked Tom Grimms if these were the same slides that were shown at the last (informational) meeting, and he said that they were. Charles Carrington brought in graphics showing the Greenbriar subdivision. Chairman Fernandez asked about the buffer, and who owns the buffer? Tom Grimms replied that it is private property - owned by the respective property owners. Gene Lein then also asked for clarification as to who in fact does own this property? Tom Grimms stated that it is the property owner's land and that the property owner is paying the taxes on that property. Gene Lein and Tom Grimms both further commented on the actual ownership of the buffer, where the actual property lines are, and what is considered to be "common ground." Charles Carrington pointed out the property lines for the Greenbriar lots on several large graphics. He then explained the reasons why the issue is before this Board, and said that the Board has the ability to approve or deny the request. --, I ) MINUTES PLANNING AND ZONING BOARDILPA OCTOBER IS, 1997. REGULAR MEETING Page3of6 Gene Lein questioned "why would we feel it's inappropriate if the guy owns that piece of property anyway?" He then asked the (developer)/builder "Is there any common land in the whole Phase I/Phase IT development of Greenbriar? Bill Barfield, D.R Horton's attorney, responded that any land around the pool or retention areas are common land. Gene Lein added that "boundary lines, exterior property lines of the Greenbriar development are also rear property lines of the individual homeowners." Bill Barfield confinned this by saying "Yes. There's no common area behind the house" . Charles Carrington, Tom Grimms, and Chairman Fernandez all agreed that this situation was a matter for this Board, and that it would not go to the Board of Adjustments. Tom Grimms continued with the slide presentation which showed Greenbriar properties and their respective buffers. Tom Grimms then pointed out Phase I and Phase IT of the Greenbriar properties, buffers, and their proximity to the golf course on the large, colorized "Future Land Use" map on the Commission Chambers wall. ~ . \~./ Carl Stephens asked how the people who live along the buffer feel, or if they have had any objections. Tom Grimms responded that he had received no complaints. Mr. Stephens then apologized for missing the last meeting. Bill Barfield then took the floor and tried to explain the difference between the developer and the builder. He further stated that n.R Horton was the "successor to the developer". He then defined Class A and Class B memberships. Mr. Barfield elaborated on the ownership of Greenbriar, the approval process of the plat, and the recording of the covenants, conditions, and restrictions. Using a graphic to outline the dates of events relating to Greenbriar, Bill Barfield then explained that a second amendment to the covenants, conditions, and restrictions was recorded. He stated that this amendment "permitted a reduction of the setback along the golf course from forty (40) feet to thirty (30) feet, with ARB approval." He then elaborated further on the Greenbriar issue. Chairman Fernandez asked Greenbriar residents, Chris and JoAnn Harris if they had any comments. Chris Harris said that when they bought their property, they read the restrictions and noted that in the documents "it was thirty (30) feet. We would never have bought the property if in fact, it was forty (40), because the house before we moved into it, was too small." '.- ./ MINUTES PLANNING AND ZONING DOARDILPA OCTOBER IS, 1997. REGULAR MEETING Page 4 of6 Vice-Chairman Tom Brown asked Tom Grimms about the Preliminary Development Plan of Greenbriar, Phase II, and why in the October 1 "Findings", it was stated that they did not exist; but in this evening's papers, it says the revised lot layout plan of the Final Development of Greenbriar, Phase I indicates a forty (40) foot setback along the golf course. Tom Grimms responded that since the October 1 st meeting, they had found copies in the Building Department, and this was just a clarification. Motion: The Planning and Zoning Board approves the proposed change reduced from forty (40) feet to thirty (30) feet the buffer along the golf course in Greenbriar, Phase II based on the findings located in the document labeled II. A) Horton Alteration To Greenbriar At Tuscawilla, Final Development Plan. Motion by Stephens. Second by Brown. Vote: Brown, aye; Stephens, aye; Lein, aye; Karr, Aye; Femandez,aye. Motion carried. B) Update on the Evaluation and Appraisal Report (EAR) Tom Grimms gave his presentation and commented that by September 3, 1998, "the City Commission must adopt the Evaluation and Appraisal Report. If they do not, then no small scale amendments, no large scale amendments can be approved for the City, by the City, and approved by DCA for large scale amendment". Vice-Chairman Brown asked if they could request that the Board spend about fifteen (15) minutes, at the second meeting of each month to review this item. Chairman Fernandez acknowledged Vice-Chairman Brown's recommendation and by consensus it was agreed upon. C) Draft ByLaws in the Conduct of the Meetings and Business of the P & Z Board/Local Planning Agency Review of the ByLaws began. Page 2, Section 1.2.--should read: '" "and shall be strictly governed thereby in the conduct of board members." At this point in the review process, there was discussion on up-to-date Board ByLaws. Chairman Fernandez suggested to Tom Grimms that a date on future documents would be most helpfuL Tom Grimms and Charles Carrington left to get additional copies of the most current draft of the ByLaws. Revised copies with the date of 10/15/97 at the top of the first page were distributed to everyone in attendance. Discussion continued including the review of the previous correction on page 2. , . ' . MINUTES PLANNING AND ZONING BOARDILPA OCTOBER 1', ]997. REGULAR MEETING Page' of6 Page 4, Section 2.2., a)-discussion regarding the word "unexcused". There were no changes to this item. Tom Grimms added to the discussion that "we cannot make an airtight set of bylaws to cover every conceivable situation and qualification. " Page 4, Section 2.2., b)--discussion regarding the word "abide by". No changes. Page 2, Section 1.2.-discussion about the words "shall," "mandatorally", and "should". It was decided that they would drop the word "mandatorally" and replace "shall" with "should". This was agreed upon by consensus. By consensus, it was decided to drop and re-number making "c" now "b". Chairman Fernandez suggested adding "for example, Chapter 112 F.S." be added to the top of page 5, prior to the words, Chapter 286 F.S. " Tom Grimms added to the discussion that he will take care of any re-numbering that needs to be done. '.-/' Page 7, Section 3.2.2.2.--discussion to be at a later date. Page 7, Section 3.3.2.1.-discussion regarding renumbering status. No changes. Page 8, Section 4.2.-discussion. No changes. Page 8, Section 4.2.1.-discussion. It was decided that ... "the Board Member" would be added preceding the word "shall" and to delete the word "he". Also, delete the word "potential" after ..."aware of any..."; and it was decided that the City Attorney would redraft this. Page 9, Section 4.4.-discussion. It was decided that the following text would be deleted from this section: "Board members may seek information from other members, the Secretary, counsel to the Board, or staff serving the Board, prior to the public hearing, but...". In addition, the word "shall" be deleted from the last sentence in this section, and replaced with the word "may". Page 10, Section 4.5.-discussion. The words "a continued" would replace the word "an". The words "or listening to the tape of same on the continued" are to be inserted after the words "public hearing" and then also insert the word "continued" preceding the last three words of this section"...application or appeal". More discussion, and then these changes were agreed upon by consensus. MINUTES PLANNING AND ZONING BOARDILPA OCTOBER IS, 1997. REGULAR MEETING Page 6 of6 Page 10, Section 5.4.-discussion. The word "should" will replace the word "shall" in the first sentence. Page 11, Section 6.1.-discussion. The words "a reasonable time" should be inserted after the word "...chairman" and before the words "...in advance". Page 11, Section 6.2.-discussion. It was decided that this section would be discussed further with the City Attorney. Tom Grimms then added to the current discussion that "our new Secretary was not responsible for the late mailing". Page 12, Section 6.5.-discussion. No changes. Page 12, Section 6.6.-discussion. The word "formal" should be replaced with the words "reasonable public" in the second paragraph of this section. Page 12, Section 6.7.-discussion. No changes. Chairman Fernandez said that the Board did not take any action tonight, and would meet with the City Attorney to discuss the suggestions. FUTURE AGENDA ITEMS October 29. 1997 Special Meeting 1) Large Scale Revision of Volume I and Volume nrrraffic Circulation Element of Volume I and II of the Comprehensive Plan November 5. 1997 Meeting 2) Review of the Evaluation and Appraisal Report (EAR) Chairman Fernandez then formally welcomed the newest Board Member, Rozanne Karr. IV. ADJOU~NT Chairman Fernandez adjourned the meeting at 9: 11 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk BOARDS/planninglfy971minutesllO 1 S97.doc