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HomeMy WebLinkAbout1998 01 07 Planning and Zoning Board Regular Minutes MINUTES PLANNING AND ZONING BOARD/LPA JANUARY 7, 1998 -REGULARMEETING I. CALL TO ORDER. PLEDGE OF ALLEGIANCE The Planning and Zoning BoardlLPA meeting was called to order Wednesday, January 7, 1998 at 7:02 p.m. by Vice-Chairman Tom Brown in the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. ROLL CALL Bill Fernandez, Chairman, arrived at 7:10 p.m. Tom Brown, Vice Chairman, present Gene Lein, present Carl Stephens, present Rosanne Karr, present ALSO PRESENT Ronald W. McLemore, City Manager Charles C. Carrington, AICP, Community Development Director Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator Don LeBlanc, Land Development Coordinator "...--- APPROVAL OF THE DECEMBER 3. 1998 PLANNING & ZONING BOARDILPA REGULAR MEETING MINUTES The motion to adopt the minutes of December 3, 1997 was carried unanimously by consensus of the Board. II. REGULAR AGENDA A. RevieJf1 of Preliminary Engineering/Final Subdivision Plan for Wagner Station pun Don LeBlanc spoke to the Board and briefly explained the Staffs recommendation noting certain caveats, such as soil stabilization, wall and signage plans, street lighting plans, and the adherence to the proposed 434 Corridor Vision, to name a few. Don McIntosh of McIntosh and Associates was introduced as the representative for the developer. He explained that they had "Prepared the preliminary subdivision plan in conformance with the master plan, that was initially approved and amended by this body, back in...the 3rd of September 1997. The plan conditions that Mr. LeBlanc outlined, has been agreed to by the...the developer, and the modifications appropriate...listed will be made during the final engineering portion of the project" . MINUTES PLANNING AND ZONING BOARDILPA JANUARY 7, 1998. REGULAR MEETING PAGE20F8 Chairman Bill Fernandez arrived at 7: 10 p.m. He further stated that the 396 lots (the residential portion of the Wagner Station PUD) would have private roads, designed to City standards, along with the previously approved "meandering" sidewalks within the right-of-way "To create a more favorable, softer feel within the development". He further added that there would be a proposed mandatory Homeowners Association, and that they have worked closely with the St. Johns River Water Management District. Board Member Carl Stephens asked Mr. McIntosh how large the buffer was between Lake Jessup and the development. Mr. McIntosh replied that there is a conservation area that varies in width, but there is a specific 50 foot minimum setback to the normal high water line, and he offered to have the area measured if the Board so desired. There was further discussion regarding the prevention of run-offs going into Lake Jessup and reclaimed water/irrigation. Motion: "I move that the...this Board approve the staff recommendation that favorably forwards these City plans as preliminary engineering plans to the City Commission for their action, contingent on those COm1nents listed by the Land Development Coordinator memo dated December 19, 1997". Motion by Lein. Second by Femandez. Karr, Aye. Stephens, Aye. Brown, Aye. Lein, Aye. Fernandez, Aye. Motion passed. (Mr. LeBlanc asked the Board if this could be presented to the Commission before this Board approves the minutes at the next meeting). Mr. Brown added two concerns that he had: "First thing, is that...the only one entrance, I...I know that Kip (Lockcuft) has looked at this, and other people, but, that's a lot of homes and one entrance, in that area on the 434, and course a County road, you know...hope that...something happens therefore...a traffic light or whatever to get the people in and out of there. And the other thing I would like to throw out for consideration, I didn't look at the land between this development and the new City...that downtown area, but if you look at an aerial map you'll kind of feel comfortable that it very...it would be to the advantage of this complete development and to the City's plan for the downtown area, ifwe hook it in somehow...behind City Hall and the High School". Chairman Fernandez presided over the meeting at 7: 15 p.m. Mr. LeBlanc's request that this Agenda Item be presented to the Commission before this Board approves the minutes at the next meeting was also brought up by Chairman Fernandez. A consensus vote was taken and this request was approved. MINUTES PLANNING AND ZONING BOARDILPA JANUARY 7, 1998 - REGULAR MEETING PAGE30F8 B. Battle Ridge Property Rezoning (REZ-1-98) Chairman Fernandez told those in attendance that "For the benefit of my fellow Board Members, I did...speak with Mr. Grimms, and staff and ask them to prepare a history of this matter, so that.. .Ms. Karr, who was not on the Board when we first addressed this matter for recommendation for transmittal to the.. . Department of Community Affairs... that she and those in the audience who might not have been present would have an opportunity to know how it was presented to us, how we voted, how it proceeded after we voted on it, why it is back in front of us. You have...each of you've been provided a copy of a memorandum, by Mr. McLemore, the City Manager, dated yesterday, the sixth of January dealing with this Battle Ridge Annexation". Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator explained to the Board the request before them, by the Battle Ridge Company asking "For a change of zoning designation from Seminole County's designation of A-I (Agriculture) to the City's designation R-I (1 family dwelling district/6,600 square foot lots)". Charles C. Carrington, AICP, Community Development Director, then gave a chronology of the history of the Battle Ridge proposed development. He further stated that "the property in question consists of 296.96 acres, more or less, of which 39.39 acres are classified as uplands. That re...that leaves a residual of 257.57 acres classified as wetlands. The developer is proposing a density of 2.75 units per acre, on the developable portion - which would yield 108 single family lots. The R-I district allows a density range, as you know, of 1.1. to 3.5 units per acre. The developer is volunteering to restrict development to a maximum of 2.75 units per acre, through a development agreement that is being prepared and will be presented to the City Commission on Monday night". The Attorney for the developer, Fred Leonhardt, and the engineer for the developer, Dale Crosby, were in attendance at tonight's meeting and were available to answer questions. Chairman Fernandez stated "I do not...believe that any of the...other than Ms. Karr who has recently joined this body...! do not believe that any of us declared a conflict of interest at the last time that this presented to us in November...apparently, quite some time ago, November of 1995...1 didn't realize it was that long ago. And I would ask at this point whether or not if Ms. Karr or any of the rest of you now have a conflict of interest to address this particular matter. None...all right, for the record, there are none. As another housecleaning matter, we want to make sure that there has been no ex-parte communications or matters that are not made public this evening. I have already indicated , -../ MINUTES PLANNING AND ZONING BOARDILPA JANUARY 7, 1998 - REGULAR MEETING PAGE40F8 on the record, that I did speak with staff for the City and ask that a history be prepared so that.. .Ms. Karr and members of the public would be aware of this. Other than that, I have had no other ex-parte or...or communications prior to this meeting. How about any of the rest of the fellow Board Members...do you have any information you care to share with the public at this point, on the record? No. None. So the record is clear". The Chairman spoke on the issue of honest testimony being provided by anyone taking the microphone to speak on any related matters. Chairman Fernandez then stated for the record that "Staff who have made recommendations and provided information to us, that their credentials are on file with this..J assume the City Clerk's or the City Manger's office, and can be provided to you. Suffice it to say, that we have received numerous opinions and accepted them as expert opinions, from our staff - Mr. Grimms, Mr. Carrington". Mr. Grimms completed his presentation to the Board, complete with the findings from the staffs recommendation. The Board asked again to see the large colorized map, so that they could see the area in question. Fred Leonhardt, Attorney with Gray, Harris & Robinson, (201 East Pine Street, Suite 1200, Orlando, Florida), stated that he was the Attorney for Battle Ridge Properties, the owner and applicant. Mr. Leonhardt introduced to the Board, Dale Crosby, (professional Engineer), the Vice President and Regional Manager of CCL Consultants, Inc., (2603 Maitland Center Parkway, Suite C, Maitland, Florida), as the Project Engineer. Mr. Leonhardt stated that "This has been a long and extensive process, and we have found them (Tom Grimms and Charles Carrington) to be aggressive negotiators, but also very professional, and they have been diligent in their thorough research and analysis of the matters that led to ultimately this staffs recommendation tonight and the matters coming before the City Commission on Monday". He also thanked the members of the Battle Ridge Steering Committee. Further comments from Mr. Leonhardt dealt with such issues as: the change in zoning; the appropriation of the usable lots; the balance of the property - the non-usable wetlands property will be conveyed (by deed) to the St. John's River Water Management District or some other appropriate governmental entity; and the density cap for this development. He also noted that the developer has agreed to "The commitment to design our stormwater drainage and retention system to meet the criteria of Outstanding Florida Waters Program. The waters around this property have not been designated as Outstanding Florida Waters, under the State of Florida Program. However, the City Manager directed us that he wanted extraordinary measures to be taken to protect the sensitive environmental areas...the conservation areas around this property, and insisted . ~----' , _.__.__'.~._ft' . . MINUTES PLANNING AND ZONING BOARD/LPA JANUARY 7, 1998 - REGULAR MEETING PAGESOF8 that design criteria be significantly enhanced. And we went to the design criteria that are considered to be very strict, it's in fact, a fifty percent greater design criteria requirement that would normally be imposed on this property". Mr. Leonhardt also discussed the planning of the proposed subdivision's street system in this non-gated community, and the water and sewer system. Then, there was discussion about the possibility of developing contiguous property, and the impact of traffic on near- by subdivisions, such as Mac Kinley's Mill. Mr. Leonhardt referred to the traffic consultant for this project, Turgut Dervish with Traffic Planning and Design Inc., Maitland, Florida. There was further discussion regarding the traffic analysis. Mr. Leonhardt also explained that the Battle Ridge Company was not a "developer", but that they were in the highway construction business. This company would not be developing this property; as that would be done by a local builder. Mr. Stephens asked Mr. Leonhardt about a letter from the Game and Freshwater Fish Commission that said that there were seven rare species located in the proposed uplands area. Mr. Leonhardt said that there were no endangered species located in the uplands area. Chairman Fernandez asked about the copy of the Traffic Circulation/Traffic Planning and Design document that had been provided to the Board - and it was stated for the record "It might be from the cover, that was provided to the City in various...". Chairman Fernandez asked Mr. Grimms to confirm that this was a facsimile transmission sent to Mr. Grimms, and that it was dated January 7, 1998. Mr. GrimIns confirmed this. The Chairman introduced a public input session: \- Tun Logue, 3250 Stone Street: spoke on the issue of why does the City want this property; and the purchasing of this land as a business opportunity. Skip Nan Duyne, 2445 Canal Street: stated that he was. against this matter; he asked whether another small area study had been done; and spoke about compromises. Art Hoffinan, 1436 Mount Laurel Drive: spoke to the Board regarding making their decision based on facts and findings. He also spoke about area traffic problems. Greg Wilson, Mac Kinley's Mill Homeowner's Association: brought up various issues including traffic survey's; the DCA not being in compliance with their own standards; land use changes; and inter-local agreements being in place. MINUTES PLANNING AND ZONING BOARDILPA JANUARY 7, 1998 - REGULAR MEETING PAGE60F8 Valerie EI-Jamil, 1230 MacTavandash Drive: questioned police and fire emergency response times (location of nearest police/fire/rescue services in Winter Springs, and is there a state standard for emergency response times); one entrance in and out of the subdivision; increased traffic problems; sewer/water changes; and annexing other properties. Board Member Gene Lein asked "lsn1t there a planned Fire Station for the Vistawilla area and 434"? Ronald McLemore, City Manager addressed this question, and said that yes, there was a planned Fire Station for that intersection. He also said, "But keep in mind, please, that Seminole County has probably the most extensive and best inter-local agreement for fire services, of any county within the United States, where there is automatic call-out procedures from...for any location within the county which involves all city's...in the surrounding area". Mr. McLemore also mentioned that a second (emergency) entrance would be addressed in the future, as plans progress. Moti Khemlani, 605 Morgan Street: spoke about inter-local agreements; small area studies; and the issue of rare species of fish. Chainnan Fernandez addressed this and spoke for the record that "At least the three members of this current body, seated to my left and right (Carl Stephens and Gene Lein respectively), received the small area study and received the input...and I didn't realize it was back in November of '95. And as you have indicated.. . as, you heard this evening, Mr. Stephens has, as our historian brought forth the facts about the wildlife on that property". The Chairman further stated, "I can't address what the other members know". There was further discussion about the knowledge oflocalized wildlife, and the Friends of Lake Jessup. Sandra Bogan, 1331 Palmetto Avenue: addressed the issue of urban sprawl; tax burdens; soil quality in Black Hammock; zoning classifications; and other options that the City might have. The Board asked Mr. Leonhardt to address some of this evening's concerns. He thus addressed the issue of n expert" recommendations; the large amount of land being donated to a government agency; and various conservation efforts. Board Member Rosanne Karr spoke of her "Concern with the...agreement or the compromise with the residents that...they had achieved with the Black Hammock organization, and with the density of development that was written up in the memorandum, and why it conflicts". . ----- MINUTES PLANNING AND ZONING BOARDILPA JANUARY 7, 1998 - REGULAR MEETING PAGE 70F8 City Manager Mr. McLemore addressed Ms. Karr's concerns by explaining that the concerns of the residents and the County were taken into consideration to determine what the best compromise was in developing this area. Chairman Fernandez elaborated on Mr. McLemore's credentials in the planning and management fields. Chairman Fernandez asked for the record, "Is the City privy to the various inter-local agreements that have been recorded on public record". Mr. McLemore responded by saying "Yes, we are". Then, the Chairman asked, "Has...to your knowledge has...staff and...and in the consideration of this matter, in your review of this matter, has staff considered those agreements; the small study area when making it's recommendations as it's relative to this matter"? Mr. McLemore said "Yes". There was further discussion about inter-local agreements; annexation; why we are considering the Battle Ridge location; "Joint Planning Areas"; and concerns for wildlife (including rare species). Motion (By Lein): "I move that the Planning and Zoning Board recommend approval to the City Commission the request for zoning by Battle Ridge Companies, Inc. Of the 296.96 acres from County zoning A-I (Agriculture) to City zoning R-I (Family Dwelling District) based on the findings presented here tonight". Chairman Fernandez clarified for the record: "When you say the findings, I assume that you refer to the findings as outlined by staff, on...IV of our report starting on page 6, 7, and 8; numbers 1 through 11 ". Mr. Lein added, "I will add the findings presented by staff, and the findings presented here tonight" . Motion by Lein. Motion dies for a lack of second. Discussion. Mr. Brown asked about possibly recommending this project under a different zoning classification, and Mr. McLemore responded by explaining how staff came up with their original determination. Mr. Lein then took the floor and stated that he was disappointed that the Board did not elaborate on why they did not call for a second on his motion. Mr. Stephens mentioned that he would like more information on inter-local agreements. He then read from the Comprehensive Plan that pertained to Rustic Residential Land Use (RC-I Zoning), which he felt applied to developments near Lake Jessup. Chairman Fernandez mentioned that he thought that RC-I would probably not be an economically feasible alternative for the developer. He also spoke on urban sprawl, fire and police emergency response times, and he said that he would have liked to have heard related "expert" testimony on some of these issues. MINUTES PLANNING AND ZONING BOARDILPA JANUARY 7, 1998 - REGULAR MEETING PAGE 8 OF 8 Motion (By Brown): "I'd like to make a motion that we recommend to the City Commission for the County re-zoning from A-I (Agriculture) to RC-I, based on the data that we've heard this evening and our complete evaluation of that data". Chairman Fernandez included in this motion - the findings contributed by staff. Motion by Brown. Second by Stephens. Discussion. Stephens, Aye. Fernandez, Aye. Lein, No. Karr, Aye. Brown, Aye. Motion passed. FUTURE AGENDA ITEMS January 21, 1998 Meetin~ A. Discussion with Mr. Ronald W. McLemore, City Manager, and Mr. Charles C. Carrington, AICP, Community Development Director B. UpdatelReview on the Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan IV. ADJOURNMENT Chairman Fernandez adjourned the meeting at 10:06 p.m. with consensus of the Board. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City of Winter Springs, Florida BOARDSlplaoninglfY97/minuteslO 10798.doc