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Home My WebLink About2000 04 11 Planning and Zoning Board Special Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY SPECIAL MEETING APRIL 11,2000 I. CALL TO ORDER The Planning And Zoning Board/LP A Special Meeting was called to order Tuesday, April 11, 2000, at 7:01 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 Chairman Carl Stephens, Jr., present Vice Chairman Marc Clinch, present Board Member Tom Brown, present Board Member Bill Fernandez, present Board Member Rosanne Karr, absent Also Present Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator ll. SPECIAL AGENDA A. Town Center Large Scale Comprehensive Plan Amendment (LG-CPA-1-99) Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator informed the Board that this Item had come before them on November 3, and November 24, 1999 as a proposed transmittal Large Scale Comprehensive Amendment that would create the Town Center District boundaries, and the vision, goals, objectives and policies. He also informed them that the Objectives, Recommendation and Comments (ORC) Report was received and that City Staff and consultant, Corklin Porter & Holmes (CPH Engineering, Inc.) has made a response which was included in their packet. Mr. Grimms stated, "We are looking for, basically, for this Board as Local Planning Agency (LPA) in it's capacity to review and make recommendations on the comprehensive amendments to make a recommendation to the City Commission to favorably recommend the City Commission adopt the Large Scale Comprehensive Plan Amendment, (LG-CPA-I-99) creating the Town Center, the boundaries, and the vision, goals, objectives and policies." Mr. Grimms read a letter for the record that he received from City Attorney, Anthony Gargenese this afternoon (See Attachment "A"). He also informed the Board that crry OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECw.. MEETING - APRIL II, 2000 PAGE20F6 Ordinance Number 2000-10 and Ordinance Number 707 were included in their packet for review. Chairman Carl Stephens, Jr. called for Public Input. Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke of her concern with recreational zoning in the Town Center; keeping Central Winds Park as it is; and not wanting land to be given away. Mr. Grimms informed the Board that Central Winds is the "crown jewel" of the recreation element and he does not see it being reduced or eliminating it; the City is presently applying for grants to acquire the Parker property and Wagner's Curve adjacent to Central Winds to become part of the Park; and he is confident the park will not only remain, but grow. Mr. Mickey Grindstaff, 20 North Orange Ave, Suite 1000, Orlando, Florida: reviewed his past appearances before the Board. For the record he stated, "In case you guys don't know this, this notice for this meeting as LP A not your P&Z, but your LP A was published yesterday in the Sentinel. It was prepared Friday or Saturday, I've heard conflicting reports on that, one from the Clerk said Saturday and the City Attorney explained that it was Friday. But in any event, we literally stumbled across the notice of this meeting last night while here for an extended meeting with the City Commission on the collective Town Center issues. We object to that notice. We think that notice was not proper and even it were proper, it was extremely unfair when you got a property owner, like the Schrimshers, who, we have been out here for almost on a weekly basis, for almost days at a time and all we needed was, 'Hey guys there is a meeting coming up', and instead of this clandestine, what appears to be a clandestine, effort to give limited notice, in our opinion. We strongly object to that notice." Mr. Grindstaff spoke of working with City Staff and the City Commission on the Town Center Ordinance as well as the Comprehensive Amendment; not knowing what the 'ORC' Report was or that the Department of Community Affairs (DCA) had responded, or was there opportunity to review this Ordinance before last night when they received it. He added that they continue to object to the Town Center Code and the adoption of the limited comprehensive plan creating the Town Center District and it's companion Code unless the companion agreement that Mr. Fernandez referred to back in 1998 is entered into concurrently with those two Ordinances. Mr. Grindstaff read Board Member Fernandez's December 2, 1998 Motion from the Planning and Zoning Minutes, (Attachment "B"); and would like to have a discussion with the Board on language in the mitigation section regarding the wetlands. Mr. Mike Schrimsher, 600 East Colonial Drive, Suite 100, Orlando, Florida: spoke of the possibility that some of the wetlands could be used to mitigate for properties elsewhere. CITY OF WINTER SPRINGS MINlITES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY SPECIAL MEETING - APRIL I I, 2000 PAGE 3 OF6 He read the following line from the Comprehensive Plan, page six (6) of eight (8), under the heading, "Objective": "The City shall create a minimum mix ofland uses in the Town Center as follows: A. Retail 40%-80% B. Commercial Office 0%-20% C. Residential 10%-50%" Mr. Schrimsher spoke of his concerns that the line needs to be clarified and if it is applied to the land as a whole; with the wording of the "minimum mix" and then using a range; percentages, is that land used or building area on the land; and it being good to have a broad range. Board Member Brown asked if the land east of Tuskawilla Road had been annexed. He spoke of annexations not coming before the Board, "Which we are in objection to"; not knowing of the meeting any earlier than others; spending hours on this issue and that our objective is to have a Town Center. Mr. Grindstaff requested "That the Board takes what ever action you want to take but we would be happy with the same action you took in December of 1998 and that is to move it on to the Commission cause I know it has to get out of the LP A and get moving but make it subject to the same conditions you made in December of 1998." Mr. Grimms informed the Board "That he would like them recommend, positively, the Comprehensive Amendment adoption to include the Schrimsher property, and if you would like to make some sort of predication to that, it's fine". Mr. Mark Levin. 160 Seville Chase Drive, Winter Springs. Florida: spoke of being a supporter of the Town Center; and that forty (40) percent retail, fifty (50) percent residential, and ten (10) percent commercial is not a Town Center, but another apartment complex. Mr. Grindstaff said he appreciated Mr. Levin's comments; and that retail depends on people; depends on rooftops; and the whole Town Center concept depends on intensity and density. Vice Chairman Marc Clinch spoke of "Facts that were presented tonight were very compelling"; reviewed various peoples' concerns; and "That they should keep in mind that from the early days of planning of the Town Center, we were trying to create something sustainable, something that would offer flexibility and keeping with all the comments that were presented tonight we need to incorporate that into our motion." CITY OF WINTER SPRINGS M1NU1ES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING - APRIL 11. 2000 PAGE 4 OF 6 Mr. Grimms commented that flexibility has always been a hallmark in the development of the proposed Town Center concept; and was dismayed to see the requirement in the "ORC" Report to establish percentages and maximums. MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL - LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, ORDINANCE 2000-10 ESTABLISHING THE TOWN CENTER. THAT WE RECOMMEND APPROVAL TO THE CITY COMMISSION BASED ON THE FINDINGS THAT HAVE PREVIOUSLY BEEN ANNOUNCED AND RECORDED IN MY DECEMBER THE 2ND 1998 MEETING AND FURTHER ON THE ADDITIONAL INPUT THAT IT IS OUR UNDERSTANDING WE ARE TRYlNG TO CREATE SOMETHING WITH THE MAXIMUM FLEXIB[LITY, PRESERVING AS MUCH GREEN SPACE AND OPEN AREA AS FEASmLY POSSmLE, MAINTAINING THE VIABILITY AND INTEGRITY OF A TOWN CENTER WITH mGH INTENSITY DEVEWPMENT, YET ALLOWING FLEXIBILITY IN USE AND MODALITY OF THESE V ARJOUS PROPERTIES AND ACCORDING WITH THAT UNDERSTANDING OF OUR FINDINGS, I WOULD RECOMMEND APPROVAL OF THE TOWN CENTER MADE APPLICABLE ALSO TO THE SCBlUMSHER PROPERTY BUT CONDITIONED ON OR DEPENDENT UPON NEGOTIATION OF A SUCCESSFUL NEGOTIATION OF A DEVELOPERS AGREEMENT BETWEEN THE PARTIES OR ALTERNA TIVEL Y IN THE EVENT THE PROPERTIES ARE SOLD TO SOME OTHER OWNER OR PURCHASER OF THE PROPERTY. AND VERY CLEARLY AS LONG AS THE SCHRIMSHERS OWN IT, IT CAN BE CONDITIONED ON NEGATION OF A DEVELOPERS AGREEMENT WITH THOSE OWNERS. - AND THAT ALSO IT BE CONTINGENT ON A DEVELOPERS AGREEMENT WITH THE SPRINGS LAND INVESTMENT LIMITED, JESUP SHORE LIMITED, EURO AMERICAN INVESTORS GROUP, REPRESENTED BY SUN BELT INVESTORS GROUP, MR. A.C. LEERDAM AND/OR UNTIL ANY OF THOSE PROPERTIES ARE SOLD TO A NEW OWNER. WE ARE ACTING IN OUR CAPACITY AS LOCAL PLANNING AGENCY MAKING BROAD BASED DECISION AND DO NOT HA VE TO HAVE SPECIFIC FINDINGS OF FACT BUT FOR THE RECORD, I REITERATED THAT IT IS OUR UNDERSTANDING THAT WE ARE TRYlNG TO CREATE TmS FLEXIBILITY, YET MAINTAIN THE mGHEST CHARACTER OF DEVELOPMENT THAT IS AVAILABLE AT TEIE CURRENT STATE OF KNOWLEDGE AND INDUSTRY. WITH THAT, THAT WILL BE MY MOTION." .BOARD MEMBER BROWN SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY SPECIAL MEETING - APRIL II. 2000 PAGE 5 OF6 VOTE: VICE CHAIRMAN MARC CLINCH: AYE BOARD MEMBER TOM BROWN: AYE BOARD MEMBER BILL FERNANDEZ: AYE CHAIRMAN CARL STEPHENS, JR.: AYE MOTION CARRIED. B. Town Center Zoning District Code Ordinance 707 Establishing the CoclIe Tape IlSide B Mr. Grindstaff informed the Board that all of his previous comments would be repeated; he requested that they be incorporated into this issue and objected to the adoption of the Ordnance unless the "companion agreement" would be also adopted concurrently with the ordnance. Board Member Brown spoke of reviewing the Ordinance extensively and did not have any major concerns but did notice changes, which he assumed, were changed due to the negotiations. He suggested that "clothes lines" should be removed because of the Energy Act; that vinyl picket fences should be included; and that the revisions should have been documented thoroughly and the page numbers should have maintained their continuity. Mr. Levin spoke of taking land out of the Town Center and devoting it to housing and leaving the Town Center cohesive to the Town Center; and not knowing where to put the clothes lines and the vinyl picket fences. MOTION BY BOARD MEMBER .FERNANDEZ. "MR. CHAIR, I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND THE CITY COMMISSION THE APPROVAL OR ADOPTION OF ORDINANCE 707 AS AMENDED, TAKING INTO OUR COMMENTS TIDS EVENING ABOUT MATTERS THAT WE WOULD LIKE STAFF AND/OR THE CITY COMMISSION TO ADDRESS FOR EXAMPLE; CLOTHES LINES AND VINYL FENCES AND WITH THE SAME COMMENTS PREVIOUSLY MADE, I BELIEVE I MADE TIDS - THERE WAS ANOTHER MOTION MADE ON NOVEMBER 24, 1999, THAT'S THE TWO OR THREE PAGE ONE YOU MENTIONED, AND AGAIN THE SAME FINDINGS OF FACT THAT WERE MADE .IN THE DECEMBER THE 2ND, 1998 MOTION THAT THE CODE BE ADOPTED AND SPECIFICALLY APPLICABLE TO THE SCHRIMSHER PROPERTY CONDITIONED OR SUBJECT TO NEGOTIATION OF A SATISFACTORY DEVELOPERS AGREEMENT BElWEEN THE PARTIES. SECONDED BY VICE CHAIRMAN CLINCH. DISCUSSION. CITY OF WINTER SPRINGS MINUfES PLANNlNG AND ZONING BOARDILOCAL PLANNING AGENCY SPECIAL MEETING - APRIL II, 2000 PAGE60F6 VOTE: BOARDMEMBERTOMBROWN: AYE BOARD MEMBER BILL FERNANDEZ: AYE CHAIRMAN CARL STEPHENS, JR.: AYE VICE CHAIRMAN MARC CLINCH: AYE MOTION CARRIED. m'. FUTURE AGENDA ITEMS . EAR Report . By-laws IV. ADJOURNMENT MOTION BY BOARD MEMBER FERNANDEZ. "AT 8:22 P.M., I MOVE THAT WE ADJOURN." THE BOARD AGREED BY CONSENSUS. Chainnan Stephens adjourned the meeting at 8:22 p.m. Minutes Respectfully Submitted by: Debbie Gillespie, City Clerk's Office City of Winter Springs, Florida APPROVED: a.t~ k CARL S EP ENS, J~ CHAIRMAN PLANNING and ZONING BOARDILP A NOTE, n-......... _--'~. 2000 Plmmmg And"""'" BoonlII.PA _ S:\City Clerk\Docs\ Word\BOARDS\PLANNING\aIll\MINUTES\2000\P&Z0411 DO.doc