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HomeMy WebLinkAbout1999 11 03 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LP A REGULAR MEETING NOVEMBER 3, 1999 I. CALL TO ORDER The Planning And Zoning Board/LPA Regular Meeting was called to order Wednesday, November 3, 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, absent Bill Fernandez, present Rosanne Karr, arrived at 7:08 p.m. Also Present Charles Carrington, AICP, Community Development Department, Director Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Anthony A. Garganese, City Attorney Approval Of the October 6, 1999 Planning And Zoning Board/Local Planning Agency Meeting Minutes The Board discussed changing the word "width" (page two, second paragraph) to "depths" so the paragraph would read as: "Discussion followed regarding the location of the property; the boundaries; the lot widths; and the lot depths of other neighboring properties. " MOTION BY BOARD MEMBER BILL FERNANDEZ. "I MOVE TO APPROVE THE MINUTES OF OCTOBER 6, 1999 REGULAR MEETING WITH THE CORRECTION DISCUSSED". SECONDED BY BOARD MEMBER MARC CLINCH. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. II. REGULAR AGENDA Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator introduced the Board to the new City Attorney, Anthony A. Garganese. The Board welcomed CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - NOVEMBER 3, 1999 Page 2 of8 Attorney Garganese to the meeting and requested that in the future the by-laws be reviewed with the City Attorney present. A. Discussion with Charles Carrington, AICP Community Development Director Mr. Charles Carrington, Community Development Department Director introduced himself to the Board and spoke of the importance of the Planning and Zoning Board; of the many "functions" of Planning and Zoning; the "strategy" of annexation; and a joint meeting of the City Commission and the Planning and Zoning Board in the future. Board Member Rosanne Karr arrived at 7:08 p.m. Discussion followed regarding annexations; the Board being informed of pending issues; and Staff keeping the Board informed of any annexations in the future. B. Tuscawilla PUD Parcel 7 and Parcel 8 Large Scale Comprehensive Plan Amendment Mr. Grimms stated that the applicant, Tuskawilla Investors, Inc. is applying for a change of Future Land Use Map designation from "Recreation" to "Lower Density Residential" (1.1 - 3.5 DU per acre). He read the findings from Agenda Item II. B., and the Development Review Committee (DRC) recommendation to the Local Planning Agency (LP A). The Board discussed the Development Review Committee's meeting of October 19, 1999; the Second Amendment to the Mikes Settlement Agreement; and that any changes regarding the Future Land Use Map should come before the Board for some kind of recommendation. Chairman Stephens asked if anyone would like to speak from the audience. John Howell, Holland & Knight Law Firm, Orlando, Florida: advised the Board that he represents the applicant. He then introduced Steve Loveland and Rob Holland, Marsh Land Development Company; and Joel Ivey, Ivey, Harrison and Wahl. Discussion ensued that James Mikes is not involved in this project; that the tennis courts and swimming pool will not be removed: the background of the parcels since 1971; and that the applicant will return with a proposal in the future. Discussion ensued regarding the property boundaries; the golf course; that there are no drawings or plans for the parcels at this time; the creek; that the entrance would be within the legal description; and traffic. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - NOVEMBER 3. 1999 Page 3 of8 Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: asked what impact this would cause to the golf course; creek drainage; and diminishing the conservation area and the golf course. Dan Dyche, 846 Bentley Green Circle, Winter Springs, Florida: spoke of his concern that the green area in the community "can just be given away"; and asked if there is a specific plan for the parcels. Mr. Dyche also spoke about the driving range and St. Johns River Water Management District. Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: asked if this a "done deal". Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke of her concern with downstream flooding; that the elevation map was done numerous years ago; asked if a high water mark was ever determined; and inquired about the flood zone plan. Tape 1/Side B Iris Mennens, 4551 Creekside Circle, Winter Springs, Florida: asked that the developer keep the trees and the beauty of the land. Mr. Grimms spoke of the Arbor Ordinance; the commitment of the City to protect the trees; that the developer must conform to the City's regulations; the court agreement; many surrounding developments were at higher density than Parcel 7 and Parcel 8; and that the citizens should "have confidence" in the City Regulations. Rolf Utegaard, 797 Austin Court, Winter Springs, Florida: spoke of being on the Tuscawilla Task Force; Settlement Agreements; and of "past promises." Al Partington, 1456 Mt. Laurel Drive, Winter Springs, Florida: spoke of being a member of the Tuscawilla Task Force; the possibility of losing the lighting of the tennis courts; and the golf practice facility. John Howell explained that the applicant will not eliminate any of the amenities that presently exist; the parcels combined will have a total of sixty-five (65) single family units; that many upgrades have already been completed; and that community meetings will be held. Mr. Grimms explained that the applicant is requesting a change of Future Land Use Map designation from "Recreation" to "Lower Density Residential" (1.1 - 3.5 DU per acre). In light of the comments made before the Board, discussion ensued between the Board and the City Attorney regarding the validity and enforceability of the Second Amendment CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETfNG - NOVEMBER 3, 1999 Page 40f8 to the Settlement Agreement and the court's jurisdiction to enforce any provision of the settlement agreement. MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I WILL RECOMMEND THAT-LET ME FIND WHAT THEIR FINDINGS AND RECOMMENDATIONS WERE-AND RATHER THAN GO THROUGH THE ENTIRE SET OF ROMAN NUMERAL FOUR FINDINGS, SUFFICE IT TO SAY, ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN SPECIFIC BULLET POINT FINDINGS AS WELL AS THE ONE THAT YOU INDICATED MR. CHAIR TO WIT THAT THE DEVELOPMENT CONFORM TO THE EXISTING DEVELOPMENT AGREEMENT THAT ANY DEVELOPMENT MEETS ALL THE CURRENT REGULATIONS OF THE CITY, I WOULD RECOMMEND THAT THE CITY COMMISSION TRANSMIT TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THAT THE CERTAIN LARGE SCALE COMPREHENSIVE PLAN AMENDMENT LG-CP A-3-99 DEALING WITH THE TUSCA WILLA PARCEL SEVEN AND EIGHT". BOARD MEMBER FERNANDEZ CONTINUED, "THEN I WILL ADD TO THE MOTION THAT THE CITY COMMISSION THEN SCHEDULE AN APPROPRIATE SECOND PUBLIC HEARING TO ADOPT THE PLANNED AMENDMENT AFTER RECEIVING THE ORC REPORT (OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT) FROM THE DEPARTMENT OF COMMUNITY AFFAIRS". Chairman Stephens passed the gavel to Vice Chairman Marc Clinch. SECONDED BY BOARD MEMBER CARL STEPHENS. DISCUSSION. VOTE: MARK CLINCH: NAY; BILL FERNANDEZ: AYlE; ROSANNE KARR: NAY; CARL STEPHENS: NAY. MOTION DID NOT CARRY. Discussion followed regarding the procedures of the Planning and Zoning Board recommendations being forwarded to the City Commission; public attendance at the December 13, 1999 City Commission Regular Meeting; and other motion(s). Vice Chairman Clinch passed the gavel to Chairman Stephens. MOTION BY VICE CHAIRMAN CLINCH. "I MAKE A MOTION TO NOT RECOMMEND THAT THE CITY COMMISSION FORWARD THIS PLAN TO DCA (DEPARTMENT OF COMMUNITY AFFAIRS)." BOARD MEMBER CLINCH CONTINUED, "AND ALSO NOT TO ADOPT THIS PLAN". BOARD MEMBER ROSEANNE KARR SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILPA REGULAR MEETING - NOVEMBER 3, 1999 Page Sof8 VOTE: BILL FERNANDEZ: NAY; ROSANNE KARR: AYE; STEPHENS: AYE; MARK CLINCH: AYE. MOTION CARRIED. CARL C. Elizabeth Morse Foundation Rezoning [ REZ-4-99 ] Large Scale Comprehensive Plan Amendment Mr. Grimms stated that the applicant is requesting a change of Future Land Use Map designation from County R-I0 "Agriculture" (1 DU per 10 acres maximum) to the City's "Lower Density Residential" (1.1-3.5 DU per acre); the purpose; the findings; and the DRC's (Development Review Committee) recommendation. The Board discussed the background of the present request of the applicant; the site location and boundaries; neighboring developments; and the drainage. Randy Kirkwood, Harling Locklin Associates; spoke of his company being the Planner and Engineer for the project; the drainage culvert; the land recently being surveyed; and the site compatibility. . The discussion continued regarding a possible request for R-IA zoning; the price of the homes; and if the Board's recommendation would be submitted with the Board's prior recommendation. Janine Ball, 1914 Springs Avenue, Winter Springs, Florida: spoke of her concern of the lot widths in regards to the size of the home. MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE FINDINGS UNDER ROMAN NUMERAL FOUR, THE ONE, TWO, THREE, FOUR BULLETS THAT ARE CONTAINED THEREIN, I WILL MAKE A MOTION TO THE CITY COMMISSION THAT THEY HOLD A FIRST TRANSMITTAL PUBLIC HEARING AND TRANSMIT TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, LG-CPA-2-99 TO CHANGE FROM COUNTY FUTURE LAND USE MAP (FLUM) DESIGNATION R-I0 "AGRICULTURE" (1 DU PER 10 ACRES MAXIMUM) TO THE CITY'S FUTURE LAND USE MAP DESIGNATION OF "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU PER ACRE) FOR THE ELIZABETH MORSE FOUNDATION PROPERTY ON THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN LAND USE ELEMENT VOLUME TWO OF TWO, AND FURTHER TO HOLD A SECOND PUBLIC HEARING AFTER RECEIVING THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT FROM THE DEPARTMENT OF COMMUNITY AFFAIRS TO ADOPT THE PLAN AMENDMENT." CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - NOVEMBER 3, 1999 Page 6 of8 MOTION BY CHAIRMAN STEPHENS. "CAN I AMEND THAT TO ALSO INCLUDE IN THAT MOTION OUR RECOMMENDATION FROM THE OCTOBER 6TH MEETING TO ACCOMPANY THAT MOTION." MOTION BY BOARD MEMBER FERNANDEZ. "SO MOVED." BOARD MEMBER ROSANNE KARR SECONDED. DISCUSSION. VOTE: BILL FERNANDEZ: AYE; ROSANNE KARR: AYE; CARL STEPHENS: AYE; MARK CLINCH: AYE. MOTION CARRIED. D. Town Center Large Scale Comprehensive Plan Amendment Mr. Grimms stated that the "City intends to carry out the mandated Policy 3)c under Objective A of Goal 1 of the Traffic Circulation Element"; spoke of the findings; and the suggested DRC recommendation to the LP A. Discussion ensued regarding the property boundaries; the pending agreement with the Schrimsher property; the Cross Seminole Trail; the traffic from the high school; the Future Land Use Map Amendment; the goals, and policies and objectives of the Town Center. Tape 2/Side A MOTION BY.BOARD MEMBER CLINCH. "I'D LIKE TO MAKE A MOTION THAT THIS BODY RECOMMEND TO THE CITY COMMISSION TO APPROVE THE PROPOSED CHANGE ZONE FUTURE LAND USE MAP DESIGNATION FROM "MIXED USE", "COMMERCIAL", "RUSTIC RESIDENTIAL", "CONSERVATION", "RECREATIONAL", AND "PUBLIC BUILDINGS" TO TOWN CENTER DISTRICT." BOARD MEMBER KARR SECONDED. BOARD MEMBER CLINCH AMENDED THIS MOTION BY ADDING, "AMEND MY MOTION TO INCLUDE ALSO A RECOMMENDATION TO HOLD A SECOND PUBLIC HEARING, AFTER RECEIVING AND REVIEWING THE ORC (OBJECTIONS RECOMMENDATIONS AND COMMENTS) REPORT, TO ADOPT THE PLAN, LG-CPA-I-99." BOARD MEMBER KARR SECONDED THE AMENDMENT. DISCUSSION. VOTE: ROSANNE KARR: AYE; CARL STEPHENS: AYE; MARK CLINCH: AYE; BILL FERNANDEZ: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - NOVEMBER 3, ] 999 Page 7 of8 E. Lamoureux Property Small Scale Comprehensive Plan Amendment Mr. Grimms read for the record a letter addressed to Chairman Stephens from the City of Oviedo (Attachment "A"). Mr. Grimms spoke to the Board on various issues regarding the letter. The Board discussed the Battleridge Agreement; the applicant's request; what land use designations are surrounding the Lamoureux property; that site plans and detailed engineering drawings will be provided in the development review; neighboring commercial properties; "C-l" categories; Winter Springs Executive Park; and the possibility of a developer's agreement. MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE INFORMATION PROVIDED AND THE FINDINGS AS INUMERATED UNDER ROMAN NUMERAL THREE, THE SEVEN DIFFERENT FINDINGS THERE, I'LL RECOMMEND THAT THE CITY COMMISSION APPROVE A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING (FLUM) THE FUTURE LAND USE MAP DESIGNATION OF THE 2.5 ACRE LAMOUREUX PROPERTY FROM COUNTY SUBURBAN ESTATES (1 DU PER ACRE) TO COMMERCIAL BASED ON THAT THE OWNER AGREE TO ENTER INTO A DEVELOPERS AGREEMENT WITH THE CITY OF WINTER SPRINGS TO DEVELOP THIS PROPERTY AND COMPLY WITH ALL OF THE REQUIREMENTS OF THE 434 CORRIDOR PLAN". AMENDMENT TO THE MOTION BY BOARD MEMBER CLINCH. "I'D LIKE TO AMEND THAT MOTION, AND 1'0 BE CONSISTENT WITH THE BATTLERIDGE AGREEMENT, DATED JANUARY 26, 1999." DISCUSSION. BOARD MEMBER FERNANDEZ ASKED BOARD MEMBER CLINCH, "ARE YOU TRYING TO LIMIT IT, MARK, TO WHAT'S MENTIONED IN THIS- WHAT IS HE, MAYOR-CHAIRMAN, A AND B POINTS DEALING WITH THE SIZING OF THE TRUNK LINES SUFFICIENT ONLY TO PROVIDE WATER AND SEWER TO THE BATTLERIDGE PROPERTY AND NO OTHER SURROUNDING PROPERTIES"? BOARD MEMBER CLINCH RESPONDED, "YES, THAT'S WHAT I'M TRYING TO ACHIEVE THERE". SECONDED BY BOARD MEMBER CLINCH. VOTE (ON THE MOTION): CARL STEPHENS: AYE; MARK CLINCH: AYE; BILL FERNANDEZ: AYE. (BOARD MEMBER KARR DID NOT VOTE). MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - NOVEMBER 3. 1999 Page 80f8 III. FUTURE AGENDA ITEMS . By-Laws Discussion followed regarding passing the gavel; voting conflicts; and financial gains or losses. IV. ADJOURNMENT By consensus of the Board, the meeting was adjourned at 10:05 p.m. Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office City of Winter Springs, Florida APPROVED: C~T~,JAIRMAN PLANNING and ZONING BOARD/LP A NOTE: These minutes were approved at the rJoV' J..t.f . 1999 Planning And Zoning Board/LPA Meeting. DOCSlboards/planninglall/minutes/l10399.doc