Loading...
HomeMy WebLinkAbout2000 02 02 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LP A REGULAR MEETING FEBRUARY 2, 2000 I. CALL TO ORDER The Planning And Zoning Board/LPA Regular Meeting was called to order Wednesday, February 2, 2000, at 7:02 p.m. by Chairn1an 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 Chainl1an, present Tom Brown, absent Bill Fernandez, present Rosanne Karr, present Also Present Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Approval Of the November 24, 1999 Planning And Zoning Board/Local Planning Agency Meeting Minutes There was discussion regarding page three (3), last paragraph, the line reading "The City should design a improved storm water management plan for the Town Center in order to fi'ee up land in the Town Center for private development." should read as "The City should design an improved storn1 water management plan for the Town Center in order to free up land in the Town Center for private development." MOTION BY BOARD MEMBER FERNANDEZ. "OTHER THAN THAT ONE CHANGE, I WOULD RECOMMEND THAT THE MINUTES OF OUR NOVEMBER 24,1999 MEETING BE APPROVED AS CIRCULATED BY MAIL." AMENDMENT TO THE MOTION BY VICE CHAIRMAN CLINCH. "I MOVE THAT WE CORRECT THE PAGE SEQUENCE." SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: VICE CHAIRMAN MARC CLINCH: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - FEBRUARY 2, 2000 PAGE 2 OF 7 CHAIRMAN CARL STEPHENS, JR.: AYE MOTION CARRIED. Approval Of. the November 3, 1999 Planning And Zoning Board/Local Planning Agency Meeting Minutes Discussion followed regarding Board Member Karr's departure from the meeting at 9:30 p.m. and her lack of a vote on an issue for this reason; that: "to wit" was written correctly in the minutes; and that on page two (2), the company that Mr. Howell represents is "Ivey, Harris, & Walls". MOTION BY VICE CHAIRMAN CLINCH. "WITH THOSE COMMENTS, I MAKE A MOTION TO APPROVE THE MINUTES OF NOVEMBER 3, 1999." SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION. VOTE: BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN CARL STEPHENS, JR.: AYE VICE CHAIRMAN MARC CLINCH: AYE MOTION CARRIED. II. REGULAR AGENDA A. Variance to Building Setbacks on Lots 120, 121, 122, 123 Fox Glen at Chelsea Parc Mr. Thomas Griml11s, AICP, Comprehensive Planning/Zoning Coordinator spoke to the Board regarding the purpose for the request; justification for the request; and the Staff findings. The Board discussed the Staffs findings in relation to there being no potential negative effects to surrounding properties; the front and side setbacks of the existing lots; the Board being approached by the developer in the past; and the Board having the authority to "approve an alteration to the final development plan". Mr. Hugh Harling of Harling, Locklin and Associates,: spoke of why they were requesting the alteration; the history of the subdivision; and not anticipating being back before the Board again. At the request of the Board, Mr. Grimms read Section 20.358. of the Code of the City of Winter Springs. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - FEBRUARY 2, 2000 PAGE 3 OF 7 Board Member Bill Fernandez stated, "We have been here before, we have done this before, I've expressed my displeasure with the circuity of this particular ordinance. I believe I said a year ago that this particular ordinance should be addressed by the City Commission and again, so that this Board and this record is clear in case, doubtfully, any of the Commissioners will listen to it, but the second sentence of 20-35 says, the Board shall review the request and make findings of fact, findings of fact as to whether the proposal constitutes a change in the preliminary development plan also. And I for one cannot make findings of fact, whether it constitutes a change in the preliminary development plan, unless I have the preliminary development plan in front of me. So, once again I think that whole sentence is inapplicable, it should not be in here and it is circuitous because we go through the same process, whether it is preliminary or it is final. But once again if we do find that it constitutes a change, from some plan that we don't have in front of us, the preliminary one, then we have to go through our same process in 20-358. If there is no change to the preliminary plan, and it is my thought that deleting, reducing or altering a drainage easement by five (5) feet would be an alteration or change of a preliminary development plan, as well as the final of course, that if it is not a change, then we go to this section which is 20-359." Board Member Fernandez continued, "I can sit here and say from what I review and what I've heard, that I think it would be substantially consistent with the approved final development plan, that it would be consistent with what the Planning and Zoning Board may approve or approve with modifications for the proposed change but once again, I express, and this time I'll say my very strong displeasure and dissatisfaction with the language contained in Section 20-359.A as it relates to reviewing and making findings of fact as whether there is a change in the preliminary plan, and we don't even have it in front of us. I don't think that ought to be in there and out of frustration the last time I think that's when I proposed to approve the modification and alteration, but once again, I want to get that off my chest and on the records and maybe ten (10) years from now or twenty (20) years from now the City Attorney will dress this up or address this when he has the time. Those are my comments, Mr. Chair." Discussion continued regarding if prospective buyers and homeowners are being informed of the setbacks; neighboring lots; the history of the subdivision; and the Homeowners Association. MOTION BY VICE CHAIRMAN CLINCH. "I WILL MAKE A MOTION THAT THIS BODY RECOMMENDS FOR APPROVAL THE WHITE MARK ALTERATIONS TO FOX GLEN AT CHELSEA PARC, TUSCAWILLA PHASE TWO (2) FINAL DEVELOPMENT PLAN FOR LOTS 120, 121, 122 AND 123." BOARD MEMBER KARR SECONDED. DiSCUSSION. Discussion followed regarding that the motion should include some "findings of fact". CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LI'A REGULAR MEETING - FEBRUARY 2, 2000 PAGE40F7 MOTION BY VICE CHAIRMAN CLINCH. "I AMEND MY MOTION PENDING CLARIFICATION AS TO WHETHER THIS IS A CHANGE OR AN ALTERATION TO THE CITY'S ORDINANCE, SECTION 20-358." Discussion ensued regarding preliminary and final plans; the final plat filed with the Sel11inole County Clerk of the Circuit Court Office; the second sentence of Ordinance 20-359.A; and when the City Commission goes to address Ordinances that 20-359. be reviewed. BOARD MEMBER KARR WITHDREW HER SECOND. MOTION BY VICE CHAIRMAN CLINCH. "I WILL MAKE A MOTION THAT THIS BODY RECOMMEND FOR APPROVAL WHITE MARK ALTERATION TO FOX GLEN AT CHELSEA PARC, AT TUSCAWILLA PHASE TWO (2) FINAL DEVELOPMENT PLAN FOR LOTS 120, 121, 122 AND 123 AND THAT IT BE FOUND TO BE CONSISTENT WITH THE FINAL PLAT, SUBSTANTIALLY CONSISTENT-SUBSTANTIALLY CONSISTENT, WITH FINAL PLAT." There was brief discussion regarding the final development plan and the final plat. AMENDMENT TO THE MOTION BY VICE CHAIRMAN CLINCH. "I AMEND MY MOTION TO INCLUDE SUBSTANTIALLY CONSISTENT \VITH THE FINAL DEVELOPMENT PLAN AND TO INCLUDE THE STAFF FINDINGS UNDER ROMAN NUMERAL FOUR, ITEMS ONE THROUGH FIVE." BOARD MEMBER FERNANDEZ SECONDED. DISCUSSION. VOTE: VICE CHAIRMAN MARC CLINCH: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN CARL STEPHENS, JR. : AYE MOTION CARRIED. Mr. Grimms stated "The motion that was passed just now, that was a detern1ination that the request that alteration is substantially consistent with the approved final development plan. Ok, you may now want to consider passing a motion to approve the alterations, if you want to be technical about it." MOTION BY BOARD MEMBER FERNANDEZ. "SO MOVED." HOARD MEMBER KARR SECONDED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - FEBRUARY 2, 2000 PAGE50F7 VOTE: BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN CARL STEPHENS, JR.: AYE VICE CHAIRMAN MARC CLINCH: AYE MOTION CARRIED. B. Proposed Staff Planning Projects for this Year Mr. Grimms informed the Board that the following specific projects would be undertaken in the future: · Revisit and revise S.R. 434 Corridor Redevelopment Overlay Zoning District Regulations . Revisit and revise S.R. 434 New Development Overlay Zoning District Regulations · Review and revise the overall Sign Ordinance (Chapter 16 of the City Code) · The review and revision of the Land Development Regulations . Annexations and creating an incentive package · Preparing the Evaluation and Appraisal Report (EAR) . Preparing a Joint Planning Agreement . Topical Map The Board discussed the relationship of Land Development Regulations to City Ordinances; and proposing issues regarding annexation to the City Commission. Tape 1/Side B Discussion continued regarding possible annexations; and the procedure for getting legal opinion of the ordinance that created the Plam1ing and Zoning Board. MOTION BY BOARD MEMBER FERNANDEZ. "I WILL MAKE A MOTION THAT WE HAVE OUR CHAIRMAN REQUEST THE CITY MANAGER OBTAIN A LEGAL OPINION OF OUR ORDINANCE THAT CERATES THE PLANNING AND ZONING BOARD AND THE LOCAL PLANNING AGENCY, TO GET A LEGAL OPINION FROM OUR CITY ATTORNEY AS TO THE P&Z AUTHORITY IN THE ANNEXATION AREA AND WHETHER OR NOT IF WE HAVE ANY RIGHT TO BE IN THAT PROCESS." SECONDED BY BOARD MEMBER KARR. DISCUSSION. CITY OF WINTER SPRINGS MINUTES I'LANNING AND ZONING BOARD/LI'A REGULAR MEETING - FEBRUARY 2, 2000 PAGE60F7 VOTE: BOARD MEMBER KARR: AYE CHAIRMAN CARL STEPHENS, JR.: AYE VICE CHAIRMAN MARC CLINCH: AYE BOARD MEMBER FERNANDEZ: AYE MOTION CARRIED. The Board continued discussing past and possible future annexations; and a letter being composed to the City Manager. C. Eckcrd Drug Store - Final Site Plan, Final Engineering Mr. Grimms infol111ed the Board that Eckerd Drug Store was "put on as an amended Agenda Item"; and introduced the representatives of Eckerd Drug Store. Mr. Ron Henson, Design Service Group, 3228 South Green Street, Longwood. Florida: stated he is representing Unicorp, along with Bob Fike (who was also present); that they are coming before the Board to seek the Board's approval of the site plan; requested a Special Meeting in two (2) weeks for formal approval; and presented and reviewed the plans. The Board discussed the "cut thru" traffic; and the traffic flow of State Road 434 and State Road 419. City Manager Ronald W McLemore arrived at 8:45 p.m. The Board's discussion continued regarding access to the utilities; the frontage retention pond and other storm improvements planned; and curb inlets. City Manager Ronald W McLemore departed at 8:49 p.m. Discussion ensued regarding utility easements; submittal of the final engineering plans; and having a Special Meeting on Febmary 16,2000, at 7:00 p.m. which the Board agreed to by consensus. III. FUTURE AGENDA ITEMS . Eckerds Drug Store Pinal Plans . Action Items Board Member Marc Clinch stated "I believe I have to enter into public record as required by the Sunshine Law. I was contacted by Mr. Joe DeMinico, introduced himself CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - FEBRUARY 2, 2000 PAGE 7 OF 7 as a concemed citizen regarding the Tuskawilla Parcels 7 & 8. He was concerned with how that was proceeding with the City after we had addressed those two cases and I advised that I did not follow the issue past our motion and that is about it. I don't know if I have to enter in to public record but I wanted to do the right thing." Discussion followed regarding that there being "No violation of the Sunshine Laws". IV. ADJOURNMENT MOTION BY BOARD MEMBER FERNANDEZ. "I MOVE TO ADJOURN THE MEETING". BOARD MEMBER KARR SECONDED. THE BOARD AGREED TO THE MOTION BY CONSENSUS. Chairn1an Stephens adjourned the meeting at 8:58 p.m. Minutes Respectfully Submitted By: Debbie Gillespie, Ci~y Clerk's Office City of Winter Springs, Florida APPROVED: tJ~~~, CARL STEPHE S, JR., C (RMAN PLANNING and ZONING BOARD/LP A NOTE; These minutes were approved at the 3/ J ,2000 Planning And Zoning Board/LPA Meeting. DOC Slboa rds/p] ann i n g/ a 11/ mi n II tes/200010 2 0 200. d oc