Loading...
HomeMy WebLinkAbout2002 05 01 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING MAY 1,2002 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, May 1, 2002, at 7:04 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, absent Board Member Rosanne Karr, present Board Member Joanne Krebs, present Board Member Sally McGinnis, present The Pledge of Allegiance followed. II. CONSENT CONSENT A. Approval Of The April 3, 2002 Regular Meeting Minutes. MOTION BY BOARD MEMBER KREBS. "I MOVE TO APPROVE." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR REGULAR A. Preliminary Site Plan For The State Road 434 Retail. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced Ms. Neisha Hacker, University of Central Florida Graduate Student and explained that that she will be doing her summer internship with the City of Winter Springs' Community Development Department. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MA Y J, 2002 PAGE 2 OF 7 Mr. Baker then introduced the Agenda Item to the Board and explained that the applicant may request that this issue be delayed Mr. Howell Cantor, Lowndes, Drosdick, Doster, Kantor, & Reed, P.A., 215 North Ecola Drive, Orlando. Florida: explained why he, as the applicant's representative was requesting a continuance. Mr. Thomas Kearney, 159 Stone Gable Circle, Winter Springs, Florida: as President of the Stone Gable Homeowners Association, Mr. Kearney spoke of "What our Community is all about" while referring to a handout he distributed; and that residential and commercial vehicles sharing an entranceway was a "Dangerous scenario". The Board and Mr. Kearney discussed area entrances and the Stone Gable entrance; and a letter regarding the applicant purchasing a land parcel (Tract B) from Cambridge Homes. Chairnlan Fernandez asked Mr. Baker whether the second entrance is "Meeting Code by using just one entrance." Mr. Baker required, "Yes." Mr. Kearney stated that the Stone Gable Homeowners Association is asking that the City protect them from the "Smell, and noise with the dumpsters" and asked for modifications such as a thirty foot (30') tree buffer. Discussion. Mr. John Neubauer, 102 Stone Gable Circle, Winter Springs, Florida: addressed the issue of tree replacement within the City. Discussion. Mr. Robert Keith, 106 Stone Gable Circle, Winter Springs, Florida: asked if a platted and recorded landscape easement (Tract B) can only be released by City Ordinance; said that the median cut placement was to support Stone Gable and only half of the applicant's commercial property; and that other commercial property along the south side of State Road 434 should be using the left hand turn lane at the Seminole County School Bus Barn. Tape l/Side B Mr. Kearney addressed the Board regarding recorded Covenants and the City of Winter Springs' Code of Ordinances concerning the State Road 434 Corridor. Discussion. MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE GRANT THAT THIS PLANNING AND ZONING BOARD - GRANTS THE MOTION FOR CONTINUANCE." SECONDED BY BOARD MEMBER McGINNIS. DISCUSSION. CHAIRMAN FERNANDEZ STATED, "I BELIEVE WE'LL JUST CONTINUE THE MATTER UNTIL THE APPLICANT REQUESTS STAFF TO PUT IT CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MA Y 1,2002 PAGE30F7 BACK ON THE AGENDA RATHER THAT CONTINUE IT TO A TIME CERTAIN. IS THAT ACCEPTABLE?" VOTE: BOARD MEMBER McGINNIS: AYE BOARD MEMBER KREBS: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. REGULAR B. Preliminary Subdivision Plan For Tuskawilla Trails, Phase II. The Agenda Item was introduced by Mr. Baker and said, "Staff recommends approval of this Tuskawilla Trails Phase II Preliminary Subdivision. Mr. B. Fritz Von Bargen, P.E., John B. Webb & Associates, Inc., 925 Denning Drive, Winter Park, Florida: addressed issues concerning the wetlands. MOTION BY BOARD MEMBER KARR. "I RECOMMEND THAT THE PLANNING AND ZONING BOARD RECOMMENDS APPROVAL OF THE TUSKA WILLA TRAILS, PHASE II, PRELIMINARY SITE PLAN TO THE CITY COMMISSION. A FINAL SITE ENGINEERING PLAN MUST SUBSEQUENTL Y BE APPROVED BY THE CITY COMMISSION." SECONDED. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER McGINNIS: AYE MOTION CARRIED. REGULAR C. Zoning District Amendments. Mr. Baker departed the Meeting at 8:09 p.m. The Board complimented Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department on his "Computer technology stuff, it's helpful, it's very explanatory, it's a nice addition." CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MA Y 1,2002 PAGE40F7 Mr. McDonald reviewed the major changes to the Land Use Map. Chairman Fernandez asked about the status of the Zoning Map being converted to CD- ROM's "So that the Board Members can have it available to them." Mr. McDonald replied, "I was not aware that there was previous discussion concerning CD-ROM's, I would be happy to inquire." MOTION BY BOARD MEMBER KARR. "I MAKE THE MOTION THAT THE PLANNING AND ZONING BOARD RECOMMEND ADOPTION OF THE UPDATED OFFICIAL ZONING MAP BY THE CITY COMMISSION." SECONDED. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER McGINNIS: AYE MOTION CARRIED. Chairman Fernandez inquired, "Do I hear a similar Motion for the Land Use Map for the City of Winter Springs?" "SO MOVED." MOTION BY BOARD MEMBER KARR. SECONDED. DISCUSSION. THE BOARD UNANIMOUSLY AGREED TO THE MOTION. MOTION CARRIED. REGULAR D. Accessory Buildings Amendment. Mr. McDonald introduced the Agenda Item and highlighted the Considerations, and the Staffs Findings. Discussion ensued between Board Members and Staff regarding what prompted Staff to request the changes to the Code; and the number of accessory buildings that would be allowed. Chairman Fernandez said, "I assume the City Attorney is aware that certain properties get grandfathered in but I am just curious as to why - it repeals previous Ordinances that are inconsistent with it, Section 3. It's incorporated into the Code. Why can't the City Attorney or shouldn't the Commissioners, to alleviate the fears of lay people and others, put a recitation in the 'Wherefore' clause or somewhere else in this Ordinance that says CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1,2002 PAGE50F7 'Existing properties that have previously been allowed, permitted to build structures are not effected'. Whoever makes the Motion, I would like to see as a part of that Motion a recommendation so it's in the Minutes." Mr. Charles Carrington, AICP, Community Development Department Director replied, "That is a basic principle in Zoning and that's understood throughout the Ordinance. When an Ordinance is changed certain things are made non-conforming but they can exist in perpetuity." MOTION BY BOARD MEMBER KARR. "I RECOMMEND THAT THE PLANNING AND ZONING BOARD APPROVES ORDINANCE 2002-14 AND RECOMMEND ITS ADOPTION TO THE CITY COMMISSION, INCORPORATING THE GRANDFATHER CLAUSE FOR THOSE THAT DON'T COMPLY AT THIS POINT." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER McGINNIS: AYE MOTION CARRIED. REGULAR E. C-2 (Commercial)/I-1 (Industrial) Amendments. This Agenda Item was introduced to the Board Members by Mr. McDonald. Tape 2/Side A Discussion. Chairman Fernandez stated, "When we make a Motion, I want whoever the Motion maker is to recommend that the City Commission reconsider Section 20-59. and have the City Attorney address it so that we can eliminate - that should not be the job of the Planning and Zoning Board or the Local Planning Agency. We pay experts - the Finance Department and others to make those recommendations and estimates of cost and suggestions and if we are required to do it, then - I want those people in here testifying in front of this Board so that we can carry out our lawful function. If they are not in here testifying then we Table this thing and bring it back - they can come in and testify and present us the evidence so we can make a meaningful recommendation to the City Commission. We haven't done it, we've never done it. Ifwe are not going to do it and if we are going to ignore it then this ought to come out of the Code. But we can't have it in CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MA Y 1,2002 PAGE 6 OF 7 here and ignore it, we're not doing our job. I have been told by the City Manager, Mr. Carrington and others that if there is something this Board needs that hasn't been presented, we are to ask for it and Table the matter. Well, I'm asking for it. We don't have any estimated costs or how we are going to finance it." MOTION BY BOARD MEMBER KARR. "IN LIGHT OF SECTION 20-59. OF THE CODE I MOVE THAT WE TABLE THIS ACTION UNTIL - SECTION 20- 59. IS LOOKED AT AND MODIFIED." MOTION DIED FOR A LACK OF A SECOND. Chairman Fernandez suggested that this Agenda Item be moved for approval and that part of that Motion make the recommendation "That the City Commission readdress Section 20-59." Discussion. MOTION BY BOARD MEMBER KREBS. "I RECOMMEND THE PLANNING AND ZONING CONSIDER ORDINANCE 2002-07 AND RECOMMEND IT'S ADOPTION BY THE CITY COMMISSION." SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER McGINNIS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. MOTION BY BOARD MEMBER KREBS. "I MAKE A MOTION THAT THE CITY COMMISSION TO REVIEW SECTION 20-59. OF THE CODE OF ORDINANCES." SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER McGINNIS: AYE BOARD MEMBER KREBS: AYE CHAIRMAN FERNANDEZ: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS . Policy Changes . Election Of Officers CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MA Y 1,2002 PAGE70F7 Suggesting that the Board holds Election of Officers in the future Chairman Fernandez said, "We are still looking for an Attorney's opinion as to - since P&Z has it's own adopted By-Laws and rules, are we under the general Ordinance and do we need to immediately hold an Election, or do we continue to operate under our own By-Laws and those rules. Do you know the status of that from the City Attorney, where it is?" Mr. McDonald replied, "I don't know the status of that application but I would assume that the Ordinance, the requirements of the Ordinance would supercede the By-Laws." Chairman Fernandez stated, "Normally it would but I think there is a provision in that Ordinance that says unless they have their own." Mr. Carrington said, "If in fact that language is in there then in all probability your By- Laws would prevail but normally - as Earnest has stated, the Code would prevail and you would have to amend your By-Laws to comply. I'll have to check and see." v. REPORTS No Reports were given. VI. ADJOURNMENT MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE ADJOURN." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Fernandez adjourned the Meeting at 9: 10 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK CAL PLANNING AGENCY S:\depl - City Clerk\BOARDS\PLANNING\aIIl\MINUTES\2002\050I 02 REGULAR.doc NOTE: These Minutes were approved at the AugusI 7, 2002 Planning And Zoning Board/Local Planning Agency Meeling.