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HomeMy WebLinkAbout2002 03 06 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MARCH 6, 2002 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, March 6, 2002, at 7:03 p.m. by Chairman Bill Fernandez in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Bill Fernandez, present Vice Chairman Tom Brown, present Board Member Rosanne Karr, present Board Member Joanne Krebs, present The Pledge of Allegiance followed. II. CONSENT CONSENT A. Approval Of The February 6, 2002 Regular Meeting Minutes. MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE APPROVE THE MEETING MINUTES FROM FEBRUARY 6, 2002." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED SIMULTANEOUSLY AS DOCUMENTED. .:..:. III. REGULAR REGULAR A. Oak Forest, Unit 7 Small Scale Comprehensive Plan Amendment. REGULAR B. Oak Forest, Unit 7 Zoning Map Amendment. Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department introduced the Agenda Items and informed the Board that it was a three (3) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 6, 2002 PAGE 2 OF 6 part application. Mr. McDonald then stated, "The Staff believes that the request is consistent with the approved Final Development Plan for Oak Forest Unit 7 - and Staff would recommend approval of this request however subject to the following condition: prior to the FLUM (Future Land Use Map) and Zoning Map Amendments becoming effective; the owners of the subject proposed Amendments becoming effective, Staff would recommend that the applicable owners, the property owners of Lots 729 through 741 must obtain approval for the alteration of the Final Development Plan on record to combine the subject properties with those existing lots." Chairman Fernandez inquired about "The rest of the vacated right-of-way." Mr. Charles Carrington, AICP, Community Development Department Director explained the parcel of land's history and stated, "It's really just a matter of bringing it into compliance with City Code and the obvious rezoning is to PUD [Planned Unit Development]. There really are three (3) actions: the first action as he [Mr. McDonald] stated was for the Small Scale Comp Plan Amendment; the second action is for rezoning; and the third action is for the Amendment of the PUD Development Plan, which was approved originally for that area. And interestingly if you look at Section 20-359. of the Code it states that the Planning Commission may review and make a determination that the proposed change to the Development Plan is substantially consistent with the approved Final Development Plan and if the Commission makes that determination then you can make a decision in that regard and the Final Development Plan does not have to go on to the City Commission. So Staff is recommending to the Commission that you make that determination, that is substantially consistent which in our opinion professionally it is." Brief discussion. Chairman Fernandez announced that, "The Board is acting in a Quasi-Judicial capacity"; and spoke of the Staffs qualifications and their resumes being available through the Office of the City Clerk. Additionally Chairman Fernandez said, "Anyone speaking on behalf of the public may be asked as to their qualifications and background as to any subject matter which they render an opinion." Then Chairman Fernandez stated that the Board will be making specific finding of fact and anyone that does speak is subject to cross-examination by the Board or Staff. Vice Chairman Tom Brown requested that Mr. Carrington take a look at the turning "Radius" standards of the City. Mr. Carrington spoke of the "Radius having been changed since the development of Oak Forest and when a Development Plan comes before the Development Review Committee (DRC) and all of these are processed not only through the Engineering Department but Planning, as well as Police, Fire, and all the other entities and this type of situation you are calling attention to would not happen today." Brief discussion. Mr. Albert Murro, 632 Cheoy Lee Circle, Winter Springs, Florida: explained that there was an error in maps displayed, and that the owner of lot number 729 opted not to purchase the land behind his home therefore, the owner of lot number 730 purchased both lots. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 6, 2002 PAGE 3 OF6 Discussion ensued regarding whether the rezoning would be consistent with the homeowner's present zoning, and the Development Plan. Mr. Carrington stated, "Make your zoning change and your Land Use Amendment contingent upon recordation of the plat to incorporate those parcels including the portion of the street into the existing lots 741 -730." The Board discussed the term "Landlocked", the plans, and an agreement for a buffer between the homeowners and the northern property owner. MOTION BY BOARD MEMBER KARR. "I RECOMMEND THAT WE AS THE PLANNING AND ZONING BOARD APPROVE THE AMENDMENT OF THE FUTURE LAND USE MAP FROM (SEMINOLE COUNTY) 'MEDIUM DENSITY RESIDENTIAL' TO (CITY OF WINTER SPRINGS) 'LOW DENSITY RESIDENTIAL' AND THE AMENDMENT OF THE OFFICIAL ZONING MAP FROM (SEMINOLE COUNTY) 'A-l AGRICULTURAL' TO (CITY OF WINTER SPRINGS) 'PLANNED UNIT DEVELOPMENT,' SUBJECT TO THE FOLLOWING CONDITION: PRIOR TO THE FUTURE LAND USE MAP AND ZONING MAP AMENDMENTS BECOMING EFFECTIVE, THE OWNERS OF THE SUBJECT PROPERTIES MUST OBTAIN APPROVAL FOR THE AL TERA TION OF THE FINAL SUBDIVISION PLAN AS STATED IN CITY CODE SECTION 20-386., IN ORDER TO COMBINE THE SUBJECT PROPERTIES WITH LOTS 730 TO 741 OF OAK FOREST UNIT 7 AND LEGALLY RECORD THE SAME AND ALSO BASED ON THE FINDINGS LISTED IN THE STAFF'S REPORT. THE REQUEST IS CONSISTENT WITH ALL APPLICABLE GOALS, OBJECTIVES, AND POLICIES OF THE CITY'S ADOPTED COMPREHENSIVE PLAN. CONSIDERING THE TYPE AND LOCATION OF USES INVOLVED IN THE GENERAL CHARACTER OF THE AREA THE REQUEST WOULD NOT RESULT IN ANY INCOMPATIBLE LAND USES INCLUDING SUCH FACTORS AS AREA, THE REQUEST WOULD NOT RESULT IN ANY INCOMPATIBLE LAND USES, INCLUDING SUCH FACTORS AS HEIGHT, BULK, SCALE, INTENSITY, TRAFFIC, NOISE, DRAINAGE, DUST, LIGHTING, APPEARANCE, AND OTHER SIMILAR APPLICABLE FACTORS." SECONDED BY VICE CHAIRMAN BROWN. DISCUSSION. CHAIRMAN FERNANDEZ ASKED, "ALSO UNDER THE FINDINGS WOULD YOU CONSIDER THAT WE WILL - ELIMINATE AS MR. CARRINGTON HAS DEFINED IT A NUMBER OF 'LANDLOCKED' PARCELS FOR THE PUBLIC AND THE HOMEOWNERS THEMSELVES." VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 6, 2002 PAGE 4 OF 6 REGULAR C. Oak Forest, Unit 7 PUD Development Plan Amendment. Mr. Carrington stated, "Chairman Fernandez, one additional decision is needed in regard to this application and that is the determination according to Section 20-359. of the Code that the Planning Commission has reviewed this and made a determination the proposed change is essentially consistent with the approved Final Development Plan for this area which again Staff has determined and - recommends to you that it is." Brief discussion followed regarding Section 20-359. and Section 20-389.; and whether the Final Development Plan is consistent. Tape 1/ Side B Chairman Fernandez said, "We need to have a Motion to address whether or not this is a substantial deviation or Amendment from the Final - Development Plan and make a finding of fact in that regards. Do I hear any such Motion?" "I'LL MAKE SUCH MOTION." MOTION VICE CHAIRMAN BROWN. SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS . Accessory Buildings Amendment . Greenway District . Creation Of An Industrial District V. REPORTS Chairman Fernandez questioned when the Commission would be replacing Board Member Carl Stephens, Jr. The Deputy Clerk informed the Board that it has been placed on the March 11, 2002 Regular Meeting Agenda. Also Chairman Fernandez reported that he would be unable to attend the April 3, 2002 Regular Meeting of Planning and Zoning Board/Local Planning Agency. Board Member Joanne Krebs referred to Ordinance 2001-49 and questioned if "Election Of Officers" should have been held in January. Chairman Fernandez spoke of the CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 6, 2002 PAGE 5 OF6 Planning and Zoning Board/Local Planning Agency By-Laws being inconsistent with Ordinance Number 2002-49. Brief discussion ensued regarding when the Board should hold the "Election Of Officers." Chairman Fernandez said, "I would like to get a request to the City Attorney to give us his legal opinion as to how this new Ordinance affected our By-Laws and our election of a Chair, Vice Chair, in terms of Office." Brief discussion. The Board agreed by consensus to hold "Election Of Officers" at the May Regular Meeting. Mr. McDonald updated the Board on the status of the Comprehensive Plan and reported that by early June the City should have an adopted Comprehensive Plan. VI. ADJOURNMENT MOTION BY VICE CHAIRMAN BROWN. "I MOVE THAT WE ADJOURN." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Fernandez adjourned the Meeting at 8:15 p.m. RESPECTFULLY SUBMITTED: ~~~Ob~ DEBBIE GILLESPIE - DEPUTY CITY CLERK A OARD/LOCAL PLANNING AGENCY City Clerk\BOARDS\PLANNfNG\aIII\MfNUTES\2002\030602 REGULAR.doc NOTE: These Minutes were approved at the April 3, 2002 Planning And Zoning Board/Local Planning Agency Meeting.