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HomeMy WebLinkAbout1998 10 28 Planning and Zoning Board Regular Minutes MINUTES PLANNING AND ZONING BOARDILP A OCTOBER 28, 1998 - SPECIAL MEETING I. CALL TO ORDER Pledge Of Allegiance The "Special" Planning and Zoning BoardlLPA meeting was called to order Wednesday, October 28, 1998 at 7:00 p.m. by Chairman Tom Brown in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Tom Brown, Chairman, present Carl Stephens, Jr., Vice Chairman, present Marc Clinch, absent Bill Fernandez, present Rosanne Karr, present Also Present Don LeBlanc, Land Development Coordinator II. REGULAR AGENDA A. Kash 'n Karry/Courtney Springs Apartments Preliminary EngineeringlFinal Development Plan. Mr. Don LeBlanc, Land Development Coordinator introduced Mr. Mike Jones, Esquire who addressed the Board on this Agenda Item. Mr. Jones began by giving a brief history of this project, and displayed several different concept boards which have evolved during the course of this project. He also stated that a number of comments from area neighbors have been instrumental in the revision ofthe plans for this project, and even though all of the suggestions for these plans were not incorporated, they were very "helpful" to this project. Some of the suggestions dealt with the relocation of the entryway, compactor, playground area, parking, landscaping, and a re-configuration of several building. Regarding the subject of landscaping, there was much discussion about adding a cluster of (22) trees in one particular area; other landscaping that was being planned; and the potential of planting Wax Myrtle's which are fast growing, and would help act as a noise buffer also. Next, there was discussion about the ownership of the pond, with the City to take ownership of this pond from the Department of Transportation, which will allow for upgrading fencing (rather than the typical Department of Transportation chain-link fencing with no landscaping); then there will be upgraded landscaping which will be MINUTES PLANNING AND ZONING BOARDILPA OCTOBER 28, 1998 - SPECIAL MEETING PAGE20F6 maintained by the developer, in addition to a liability bond (up to 1 million dollars) being provided to the City. Signage was next discussed, with reference to variances, and it was mentioned that there are five Kash 'n Karry's stores currently being built in the Central Florida area. Mr. Jones then spoke of variances; complying with all City Codes and requirements; and trying to make this a "friendly" project - and how they had tried to comply with many of the "neighbors" requests. Mr. Joe Kolb with Bowyer Singleton & Associates, Incorporated (520 South Magnolia Avenue, Orlando, Florida 32801) commented on (compact) and other parking spaces being requested for this project. Board Member Bill Fernandez asked which plans will be actually "binding", and Mr. LeBlanc added that there will be a Developer's Agreement. Karina Veaudry (with Canin Associates, 500 Delaney Avenue, Orlando, Florida 32801) spoke about canopy trees for the Courtney Springs Apartment complex. Mr. Kolb next discussed dry and wet ponds, with technical specifications of such; and there was discussion about the landscaped islands planned for the parking lots. Regarding the City of Winter Springs taking ownership of the retention pond, Mr. Jones clarified for the Board that they (the Department of Transportation) "Will in a rather quick transaction, upon a public service basis, a public use basis for the pond, transfer it to the City with an easement to continue to use it for retention. If it stays in the hands of DOT, we have no control of the landscaping. They have indicated that they will allow us to landscape the front, and to cover their chain-link fence with Jasmine vines, or something like that, but, we're going to have a chain-link fence, and there's not going to be any variation; so, as of yesterday, that's why we agreed with the City to run the aluminum fencing, all the way across, which we initially proposed, if the City had the pond". There was further discussion of the maintenance of this pond, and that it will be strictly "private", and that the apartment complex will have no use of the pond. (The actual ownership of the pond will be specified in the Developer's Agreement). Board Member Fernandez asked for clarification on some of the designations on the plans, and Ms. Veaudry clarified some of the fencing, and mentioned some of the various types of plants and trees that will be used. The structure of the masonry wall was discussed, and Ms. Veaudry explained that the masonry wall would be a synonymous look - in keeping with the style of the apartment complex. Mr. Kolb addressed some questions about the signage, and Mr. LeBlanc clarified what was being asked, and why a variance ("For an additional identification sign, on the west side, the west entry off of 434"). Chairman Brown, as point of interest mentioned that MINUTES PLANNING AND ZONING BOARDILPA OCTOBER 28. 1998 - SPECIAL MEETING PAGE30F6 "The Board attended a State Planning and Zoning, and different companies like McDonald's, and so forth, they are breaking away from their variances to fit into City Codes, which I thought that - I wanted to get that back to our City Manager, Mr. McLemore, because more and more, we are doing away with.. . and staying within the variances, and not giving variances, as much as they were in the past. So, just because it's a Hess gas station, or something like that, we're requesting that they bring it down to what we would want in the City to make it look uniform, too, so.. .". Mr. Kolb further spoke about the desires of the developer for signage, and Mr. LeBlanc also spoke on this proposed variance. There was discussion about "conceptual plans" and Board Member Fernandez asked what the City Commission had thought of this project so far, and if there were minutes of any related comments. Mr. LeBlanc briefly left the meeting and then returned with a copy (for the Board) of the City of Winter Springs City Commission Meeting minutes (from August 10, 1998). In addition, Mr. Jones briefly discussed this meeting There was discussion about a "Vested Rights" Agreement, and the location of and parcels related to this agreement were addressed by Board Member Fernandez, Mr. Jones, Mr. Ray Malave (of Bowyer Singleton & Associates, Incorporated (520 South Magnolia Avenue, Orlando, Florida 32801), and Mr. LeBlanc. They also discussed Ordinance Number 489, and the number of units that could be built as part of such a project. There was discussion on how this project might impact Eagles in the area. Representatives from the Developer stated that a letter would be forthcoming (from Mr. Jim Palmer of the Florida Game and Fresh Water Commission) stating there was no impact. In addition, they also stated that the "secondary zone" had been removed from the Federal Guidelines, and that this development was a considerable distance away from the closest Eagle's nest. Mr. LeBlanc spoke of "citified eagles". Board Member Carl Stephen's, Jr., further asked questions about the retention pond fencing. There was discussion about this project being in compliance with any requirements of the Beautification District. Mr. LeBlanc said that Vistawilla Drive would most likely be in this District. The density of this area was further discussed, including previous litigation. Board Member Rosanne Karr asked about the pairing of this apartment complex and Kash n' Karry. Mr. Jones told the Board that Food Lion owns Kash 'n Karry, and he further spoke of what this project would involve. Board Member Karr also asked if any traffic studies done on the impact to this area. Mr. Jones stated that such studies had been performed, and that the City had in fact asked for some changes to this project. Chairman Brown asked about Manager McLemore's opinion of this project, and how this project will coordinate with the City's State Road 434 Corridor Vision Plan in terms of MINUTES PLANNING AND ZONING BOARDILPA OCTOBER 28, 1998 - SPECIAL MEETING PAGE40F6 "beautification". Mr. LeBlanc stated that the recent changes for this project were actually a result of Manager McLemore's desires. PUBLIC INPUT: Mr. Lee Jensen, 134 Nandina Terrace: spoke on the Howell Creek Reserve Homeowner's Association's major issues of concern which are: 1) Closest building will be 39 feet away 2) Landscaping 3) Eight foot high wall instead of the planned six foot high wall 4) Could the Apartment Complex be gated? 5) Lighting in the Apartment Complex ("shoebox"/"down" style lighting) Tape 1/Side 2 (Mr. Jones addressed Mr. Jensen's concerns). Discussion. Ms. Lori Campbell, 118 Nandina Terrace: spoke on the proposed development; spoke of Tuscawilla being an upscale community; asked the City to look at the apartments at Waterford Lakes (which are similar to this project); and asked for a brick wall, in place of the masonry wall. Mr. Romulo Castellano, 113 Nandina Terrace: spoke on size of the apartment complex that is planned, and how will the look of these apartments be maintained. Mr. Henry Goode, 120 Nandina Terrace: spoke on this proposed development, with emphasis on the wall, and the proportion of the landscaping to the apartments. Chairman Brown spoke of the Boards' responsibility, and advised the interested homeowners of any neighboring communities to always feel that they can voice any concerns they may have to the City Commission. Board Member Fernandez spoke on the City of Winter Springs City Commission Meeting Minutes (from August 10, 1998) and said to Mr. Jones, "I just wanted to get it on the record, I don't know if all of these people were here then or not, but, it's my understanding that if you get your development order, that your parcel to the rear, behind the supermarket will be limited to professional office development? (Mr. Jones replied, "That's Correct"). And, you're proposing landscaping around the pond, and putting in a fountain? (Mr. Jones replied, "That went out the door, that's where, this is a new plan"). Okay." (Mr. Jones added, "That's not to say we won't put in the fountain - it's just not included in the plans"). Mr. Jones added that there was an agreement with the Tuscawilla Homeowner's Association regarding working out the signage with this Homeowner's Association. Mr. MINUTES PLANNING AND ZONING BOARDILPA OCTOBER 28, 1998 - SPECIAL MEETING PAGE50F6 Jones then asked Mr. Greg Worley, (103 Marsh Creek Cove) to speak on the planned wing walls, and what both parties have agreed to. PUBLIC INPUT: (additional) Mr. David Owji, 104 Shell Flower Cove: spoke on the apartment complex being a gated community. Mr. Jones addressed this issue, and Chairman Brown referred to Tuscany Place and Casa Park Villas as a parallel to this subject. Discussion. Board Member Fernandez said, "I wold note for the record after having had a chance to review the City Commission Meetings, that after two unsuccessful motions, that a consensus of the Commission was to move this project forward. So, the City Commission who has more latitude and ~ discretion; as a matter of fact our minutes even indicate that the City Attorney indicated that the Commission has, does have some discretion in looking at the Development Order, but at least the City Attorney does at that point considered it to be a conditional use, under Chapter 20, which needed to be applied for and brought before the City Commission. And, as 1 see it, our function being less general, and more restrictive, with less discretion to determine whether or not it meets the Settlement Agreement as a result of a Court Order; the Vested Right's Agreement; the technical review committee or Staff recommendation saying that it does, at least in so far as certain changes to be presented in the Final Engineering Plan, that it does meet the technical requirements of our City Codes. 1 think that a representative from the Tuscawilla area ought to have the right to make the initial motion to address this matter, to pass it on to the City Commission, either with or without our recommendations , and since we have two members from Tuscawilla, 1 think they ought to make the motion - take the heat too". Motion by Tom Brown. "I'll make a Motion that the Planning and Zoning Board accept the Staff's Review Board recommending that favorably forward these plans to the City Commission for their action; and included in that would be the October 20, 1998 City Engineer Memo to Land Development Coordinator." The Motion was asked to be repeated. Chairman Brown repeated his Motion. "I make a Motion that the Planning and Zoning Board favorably forward these plans to the City Commission for their action; and included, contingent upon in compliance with the October 20, 1998 City Engineer Memo to the Land Development Coordinator." Seconded by Carl Stephens. Discussion. (Board Member Fernandez identified some of the findings of fact for both the supermarket and the apartment complex in this planned project). Vote: Rosanne Karr: aye; Carl Stephens, Jr.: aye; Tom Brown: aye; Bill Fernandez: aye. Motion passed. MINUTES PLANNING AND ZONING BOARDILPA OCTOBER 28, 1998 - SPECIAL MEETING PAGE 6 OF 6 III. FUTURE AGENDA ITEMS . Newspaper Advertisements Pertaining To the November 4, 1998 Regular Meeting IV. ADJOURNMENT Chairman Brown adjourned the meeting at 8:56 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City of Winter Springs, Florida APPROVED: TOM BROWN, CHAIRMAN PLANNING and ZONING BOARDILP A DOCSlboards/planning/fy9798/minutes/l02898special.doc