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Home My WebLink About1999 10 06 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILP A REGULAR MEETING OCTOBER 6, 1999 I. CALL TO ORDER The Planning And Zoning BoardlLP A Regular Meeting was called to order Wednesday, October 6, 1999, at 7:00 p.m. by Chairman Carl Stephens, Jr., 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 Carl Stephens, Jr., Chairman, present Marc Clinch, Vice Chairman, present Tom Brown, present Bill Fernandez, present Rosanne Karr, present Also Present Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Approval Of the September 1, 1999 Planning And Zoning BoardlLocal Planning Agency Meeting Minutes MOTION BY BOARD MEMBER TOM BROWN. "I MOVE TO APPROVE THE MINUTES OF SEPTEMBER 1, 1999 REGIJLAR MEETING". SECONDED BY BOARD MEMBER FERNANDEZ. "I'LL SECOND THAT MOTION WITH A CORRECTION, ON THE FOURTH PAGE, SECOND PARAGRAPH, THE WORD 'YEA' SHOULD BE 'YES"'. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. ll. REGULAR AGENDA A. Elizabeth Morse Foundation Rezoning [ REZ-4-99 ] Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator explained to the Board that the applicant, Harling Locklin Associates, is requesting a change of Zoning Map designation from County A-I "Agriculture" to the City's R-IA "One Family Dwelling District". The purpose is to develop the property as a single-family residential subdivision. Mr. Grimms further explained the justification for rezoning; nuisance potential of proposed rezoning to surrounding land uses; and Staff findings. He stated "Based on the Staff Report and the findings, Staff recommends the Planning and Zoning CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILPA REGULAR MEETING - OCTOBER 6, 1999 Page 2 of 4 Board make the following recommendation to the City Commission: That the City Commission approve the proposed change of zoning from County A-lO "Agriculture" (1 DU/lO acres maximum) to City's R-1A Zoning District (8,000 sq. ft. minimum lot size) contingent upon the applicant receiving approval for their proposed large scale comprehensive plan amendment change from county R-lO "Rural" Future Land Use Map designation to the City's "Lower Density Residential" (1.1-3.5 DU/acre) Future Land Use Map designation." Discussion followed regarding the location of the property; the boundaries; the lot widths; and the lot widths of other neighboring properties. Board Member Fernandez questioned Mr. Grimms regarding annexations coming before the Planning and Zoning Board. Mr. Grimms explained why they do not, and Board Member Fernandez, for the record, voiced his displeasure in that decision. The Board continued their discussion regarding Spring Avenue; conservation areas; the orange grove; traffic concerns; the engineering plans of the subdivision; and the Greene W ay Interchange Zoning District. Randy Kirkwood, Harling Locklin Associates: informed the Board that he is employed by the Property Owner, Duncan Bowman, and offered to answer any questions the Board might have. Discussion ensued regarding archaeological studies; where children would attend school; the county enclave; the property being 59.45 acres; the wetlands; drainage; if the County neighbors were notified of the intention to develop; the number of homes in the proposed development; and the density of neighboring areas. MOTION BY BOARD MEMBER BROWN. "I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION TO APPROVE THE PROPOSED CHANGING ZONE FROM COUNTY A-I "AGRICULTURE" (1 DU/I0 ACRES MAXIMUM) TO THE CITY'S R-IA ZONING DISTRICT (8,000 SQUARE FEET MINIMUM LOT SIZES) CONTINGENT UPON THE APPLICANT RECEIVING APPROVAL FOR THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY R-IO "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE MAP DESIGNATION." SECONDED BY BOARD MEMBER FERNANDEZ. "FOR DISCUSSION PURPOSES I'LL GO AHEAD AND SECOND THAT CONTINGENT ON SPECIFIC FINDINGS AS OUTLINED IN THE STAFF REPORT IN FRONT OF US UNDER ROMAN NUMERAL HEADING THREE, FOUR SPECIFIC FINDINGS AS OTHERWISE TillS BOARD WOULD BE CRITICIZED FOR CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDfLPA REGULAR MEETING - OCTOBER 6, 1999 Page 3 of 4 NOT HAVING MADE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW TO SUPPORT OUR RECOMMENDATIONS AND ASK A QUESTION AT TIDS POINT. AS IF WHETHER OR NOT THE APPLICANT WOULD FIND IT NOT ECONOMICALLY FEASmLE TO DEVELOP THIS PROPERTY, NOW THAT IT IS ON THE TABLE AT A IDGHER DENSITY, I WANT TO GET LESS HOMES OUT THERE FOR SMALL ROADS, SCHOOL BUSES AND EVERYTHING ELSE. I DON'T KNOW WHETHER THAT IS RI-AA OR RI- AAA OR WHATEVER, BUT IS IT ECONOMICALLY FEASmLE TO DEVELOP THIS PROPERTY WITH LESS THAN 120 HOMES OUT THERE". DISCUSSION. VOTE: CARL STEPHENS, JR.: NAY; MARC CLINCH: AYE; TOM BROWN: AYE; BILL FERNANDEZ: NAY; ROSANNE KARR: NAY. MOTION DID NOT CARRY. MOTION BY BOARD MEMBER FERNANDEZ. "I'LL PUT A MOTION ON THE FLOOR, THAT WE RECOMMEND, WHAT'S THE NEXT LEVEL UP FROM R-I?". MR. GRIMMS REPLIED, "R-lAA". BOARD MEMBER FERNANDEZ CONTINUED. "I'LL RECOMMEND, THAT WE RECOMMEND TO THE CITY COUNCIL BASED ON THE FINDINGS OF ROMAN NUMERAL THREE OF THE STAFF REPORT, THAT THE CITY COMMISSION APPROVE PROPOSED ZONING CHANGE FROM COUNTY A- 10 "AGRICULTURE" (I DU/IO ACRES MAXIMUM) TO THE CITY'S R-lAA ZONING (10,000 SQUARE FEET MINIMUM LOT SIZE), NINETY (90) WIDTH, CONTINGENT UPON THE APPLICANT RJECEIVING APPROVAL FOR THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY R-IO "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE MAP DESIGNATION". BOARD MEMBER ROSANNE KARR SECONDED. DISCUSSION. VOTE: MARC CLINCH: AYE; TOM BROWN : AYE; BD....L FERNANDEZ: AYE; ROSANNE KARR: AYE; CARL STEPHENS, JR.: AYE; MOTION CARRIED. ill. FUTURE AGENDA ITEMS Discussion ensued regarding if invitations were extended to the City Attorney and Ms. Jimette S. Cook, Code Enforcement Officer to come and speak to the Board; By-laws; fluoridation of the City water, updating the Topic Index; maintaining the Topic Index; the Land Development Regulations; the 48th Annual Florida Planning and Zoning Conference at Daytona Beach; the State moving towards giving the Local Planning and Zoning Agencies more authority; the Evaluation Appraisal Report (E.AR); the deadline to adopt the School Collocation Large Scale Comprehensive Report; getting copies of maps to the Board; the paving of Citrus Road; and bridle easements. CITY OF WINTER SPRINGS MINUfES PLANNING AND ZONING BOARDILPA REGULAR MEETING - OCTOBER 6, 1999 Page 4 of 4 IV. ADJOURNMENT By consensus of the Board, the meeting was adjourned at 8:10 p.m. Note: Due to technical difficulties a portion of the meeting is not available. Minutes respectfully submitted by: Debbie Gillespie, City Clerk 's Office City of Winter Springs, Florida APPROVED: ~~ ~ ~ ~. 4/~_ CARL STE NS,J, CHAIRMAN PLANNING and ZONING BOARDILP A NOTE: These minutes were approved at the./NrrJfII\1 ~ 0 '3 1999 Planning And Zoning BoardlLP A Meeting. DOCSlboardslplanning/a1lhninutes/1 00699. doc Attachment "A" CITY OF OVIEDO FLORIDA 400 ALEXANDRIA BOULEVARD · OVIEDO, FLORIDA 32765 · (407) 977-6000 V. EUGENE WILLIFORD, III CITY MANAGER November 3, 1999 Mr. Carl Stephens, Jr., Chairman Winter Springs Planning & Zoning Commission 1126 East SR 434 Winter Springs, FL 32708 RE: Lamoureux Property Dear Chairman Stephens: The City of Oviedo continues to object to the City of Winter Springs encouragement of growth without the necessary urban services and without regard to the Development Agreement for Battle Ridge which limited water and sewer expansion to the Battle Ridge project solely. Tonight's small scale amendment item cited above is an excellent example of action without adequate urban planning. While the area west of SR 417 has been experiencing "development pressure," the eastern area has not been affected by the same level of intensity and/or density. This area should not be in consideration as a portion of the Greeneway Interchange District since much of the east side is the City of Oviedo or unincorporated Seminole County (small area study area). Further, the Battle Ridge agreement dated January 26, 1999, stated that: (a) "The sizing of the trunk line shall be sufficient only to provide water service to the buildable portion of the property and to no other surrounding properties." (b) "The sizing of the trunk line shall be sufficient only to provide central sanitary sewer collection service to the buildable portion of the property and to no other surrounding properties." The comprehensive plan amendment report indicates the Battle Ridge infrastructure improvements as the source of utilities. This use violates the spirit and intent of the agreement. Further, the City of Oviedo objects to the continued lack of consideration by Winter Springs for such impacts as the transportation demands and public safety incidents that such uses place upon our city. The impacts are placed upon the City of Oviedo residents without remuneration or the typical development requirement to provide necessary improvements; it questions the veracity of the previous discussions related to Battle Ridge and Winter Springs' intent to limit its annexations east of the Greeneway. The very mention of Mackinley's Mill in the staff report does not bode well for this redevelopment. It is understood that the current land uses are not consistent on SR 434 with the County's Comprehensive Plan. However, the uses were never recognized as long term. Any redevelopment must not impact Mackinley's Mill with cut-through traffic or other adverse impacts. The following procedural and site specific issues should be considered: (1) Whether the advertising requirement has been met according 166.041(3)(C) Florida Statute; (2) Whether handling this small scale amendment as an "add-on" has provided sufficient notice to surrounding, affected property owners; (3) Whether FDOT will allow use of the property without the City's approval of numerous variances or special exceptions or FDOT required improvements to the roadway and drainage system; ( 4) Whether compatibility exists since the antique shop and real estate office are closer to the interchange than this property; (5) Whether a 2.5 acre tract of commercial use can truly be said to generate an insignificant amount of traffic without the inclusion of supporting information prepared by a qualified traffic engineer/planner; (6) Whether the supposed protection in the Land Development Code actually demonstrates compatibility since size of a buffer does not replace the mCL'{imum intensity/density standard permitted under Winter Springs' Comprehensive Plan. (7) Whether wetlands determination should be made in light of the soil report. This small scale amendment is not compatible with its neighbors; it is not in close proximity to the interchange or Winter Springs' proposed commercial areas. Please consider these objections and deny this small scale amendment. ROBERT DALLARl Chairn1an cc: Oviedo Mayor and City Council