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HomeMy WebLinkAbout2007 03 07 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MARCH 7, 2007 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, March 7, 2007 was called to Order at 7:00 p.m. by Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, present Vice Chairperson Linda Tillis, present Board Member Tom Brown, present Board Member Rosanne Karr, present Board Member Denise Ryser, present After a moment of silence, Advisory Board Member Tom Brown led the Pledge of Allegiance. PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 2 OF II PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2007-02, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of A 1.76 Acre Parcel, Located At 282 West State Road 434, East Of Barrington Estates, From (Seminole County) "Suburban Estates" To (City Of Winter Springs) "Commercial". Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and displayed a PowerPoint presentation of the property site. Ms. Sahlstrom said, "Staff has reviewed the Request - it did meet the requirements of the Code." Ms. Sahlstrom stated, "These four (4) Agenda Items under Public Hearings were advertised in the paper for tonight's Meeting and Noticing was placed on the property and the adjacent property owners were notified. If you feel that you need more time to make a decision on any of these items, I would ask that you do postpone to Date Certain to preserve the advertising if in fact you feel uncomfortable with moving forward." Discussion. Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Robert Connelly, 1518 Wescott Loop, Winter Springs, Florida: as a property owner of Barrington Estates, Mr. Connelly expressed concern on the Zoning and is opposed to this Agenda Item. In his closing comments, Mr. Connelly stated, "If you would just take into consideration our properties and the use of our land." Discussion ensued on the Land Use. Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: also a resident of Barrington Estates, Mr. V oorberg spoke of his opposition to this Agenda Item and to take into consideration his privacy and rights as homeowners. Chairman Poe closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 3 OF II "'I WOULD LIKE TO MAKE THE MOTION THAT WE APPROVE THE CHANGE IN FUTURE LAND USE BASED ON THE FINDINGS IN OUR INFORMATION PACKET AND BASED ON THE INFORMATION WE RECEIVED FROM THE RESIDENTS OF BARRINGTON EST A TES THAT THE CITY COMMISSION APPROVE ORDINANCE [NUMBER] 2007-02 WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE MAP (FLUM) DESIGNATION ON THE SUBJECT PROPERTY AT 282 WEST STATE ROAD 434, EAST OF BARRINGTON EST A TES FROM SEMINOLE COUNTY 'SUBURBAN ESTATES' TO CITY OF WINTER SPRINGS 'COMMERCIAL'." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2007-03 Which Rezones 1.76 Acres (More Or Less), Located At 282 West State Road 434 East Of Barrington Estates, From "A-tO" Agricultural (Seminole County) To "C-t Neighborhood Commercial" (City Of Winter Springs). Ms. Sahlstrom introduced this Agenda Item and displayed a PowerPoint presentation of the property site. Ms. Sahlstrom said, "Staff has reviewed these and does believe that this is the - appropriate Zoning for this property." Ms. Sahlstrom read into the Record the opening paragraph of Section 20-231. of the City Code. Discussion. Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Robert Connelly, 1518 Wescott Loop, Winter Springs, Florida: briefly spoke to the Board Members to consider a single story building on this property site. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE40F II Mr, Richard Voorberg, J 526 Wescott Loop, Winter Springs, Florida: asked the Board Members to consider his neighborhood and noted he was opposed to a multi-story building. Mr, Stan Toledo, J 746 Seneca Boulevard, Winter Springs, Florida: as the owner of one of the parcels, Mr. Toledo said he was in favor of Commercial Zoning and suggested it would minimize traffic issues. Discussion. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I AM GOING TO MAKE A MOTION TO APPROVE THE [AGENDA] ITEM '201' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VICE CHAIRPERSON TILLIS SAID, "WE OUGHT TO STRESS TO THE [CITY) COMMISSION AS PART OF OUR RECOMMENDATION THAT THEY DO NEED TO BE SENSITIVE TO WHAT TYPE OF COMMERCIAL DEVELOPMENT GOES IN THERE AND IT'S APPEARANCE AND DO BE SENSITIVE TO THE RESIDENTIAL NEIGHBORS THAT ARE CLOSE." VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER KARR: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2007-04, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of State Road 434, East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street From (Seminole County) "Rural-3" To (City Of Winter Springs) "Commercial". Ms. Sahlstrom presented this Agenda Item and said, "Staff believes that this Application to change this property to Commercial Land Use is appropriate." Ms. Sahlstrom also stated, "Staff also supports the preservation of the wetlands." A PowerPoint presentation was displayed to show the property site. CITY OF WINTER SPRINGS. FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7. 2007 PAGE 5 OF II Discussion. Tape I /Sidc B Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Tom Minter, J 700 DeLeon Street, Oviedo, Florida: as the previous landowner of this property, Mr. Minter spoke briefly to the Board Members and indicated that he was in favor of this Land Use change. Mr. Richard Voorberg, J 526 Wescott Loop, Winter Springs, Florida: briefly spoke to the Board Members on the Zoning. Chairman Poe closed the "Public Input" portion of the Agenda Item. Discussion. "'I WOULD LIKE TO MAKE THE MOTION THAT THE PLANNING AND ZONING BOARD - RECOMMEND APPROVAL OF THIS ORDINANCE [NUMBER] 2007-04 ADOPTING A SMALL SCALE FLUM [FUTURE LAND USE MAP] AMENDMENT CHANGING THE FUTURE LAND USE MAP (FLUM) DESIGNATION OF AN 8.8 ACRE PARCEL LOCATED ON THE NORTH SIDE OF STATE ROAD 434 EAST OF THE ENTRANCE TO BARRINGTON EST A TES AND SIX HUNDRED FEET (600') WEST OF DELEON STREET FROM SEMINOLE COUNTY 'RURAL-3' TO CITY OF WINTER SPRINGS 'COMMERCIAL'." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER RYSER: AYE CHAIRMAN POE: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS. FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE60F II PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2007-05 Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of State Road 434 East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street, From (Seminole County) "A-3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". Ms. Sahlstrom presented this Agenda Item and displayed the existing Zoning Map. Ms. Sahlstrom said, "Staff has reviewed the fourteen (14) Criteria required for re-zoning Applications and believes that C-l Neighborhood Commercial is the appropriate designation for this property." Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Stan Toledo, J 746 Seneca Boulevard. Winter Springs. Florida: Mr. Toledo said, "1 have pursued some issues in terms of the wetlands. 1 already have a wetland report which is favorable to the fact that there are not encroachments or any effects on wildlife, etcetera." Mr. Toledo then said, "It is my intent that if! could pursue favorably with the St. 10hn's Water [River Management] District, 1 do want to preserve about two (2) acres which would be buffering the Barrington Estates." Mr. Toledo said, "1 hope 1 can work favorably with the Mann property where we share just one (1) access instead of having possibly three (3)." Mr. Richard Voorberg, J 526 Wescott Loop, Winter Springs, Florida: spoke briefly about the property site. Discussion. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM 203 AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER KARR: AYE CHAIRMAN POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7,2007 PAGE70Fll REGULAR AGENDA REGULAR 300. Community Development Department Requests The Planning And Zoning Board Hear And Review The Final Subdivision/Engineering Plans For The Proposed Crockett Corner Subdivision. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and displayed a PowerPoint presentation of the property site. Mr. Baker said, "There are some gopher tortoises - estimated to be thirty two (32) to thirty four (34) gopher tortoises and that is one (1) of the issues that we have. There is one (1) twenty-four inch (24") specimen tree on the site located in the proposed Lot 4. Typically, we are for saving trees but in this case, the Arborist [Mike Mingea] has determined that because of the grading that will be necessary, that it is impractical to save that tree. So, we are recommending that the tree - not attempt to try to save it." Mr. Baker then said, "They meet all of our standards for site development. They are consistent with the City Code. They do need to check with the power company about lighting." Mr. Baker stated, "So, we will want to defer provision of the Lighting Plan until site acceptance by the Engineering Department. We have in the recommendation a provision for relocation of the gophers." Mr. Baker stated, "We do recommend Approval of the subdivision with the provision for the delay with the street light and then - protecting the gophers whether they are preserved on sight or relocated in phases or otherwise." Discussion ensued on the relocation of gopher tortoises. Mr. Stevenson said, "I just want to clarify that any recommendation of Approval for this Board would have to be conditioned upon one (1) of two (2) things happening. The State - managed mitigation of the gopher tortoises all at once or in a phased matter." Discussion. Ms. Sherri Fragomeni, PE., President, Fragomeni Engineering, Inc., 4985 Hoffner Avenue, Orlando, Florida: spoke briefly to the Board Members on the property site. Advisory Board Member Brown stated for the Record that all the gophers should be removed. "I WOULD LIKE TO ENTERTAIN A MOTION THAT WE APPROVE AS WRITTEN WITHOUT THE AMENDMENT." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 8 OF \I BRUCE BILTGEN, DIRECTOR/SENIOR SCIENTIST, BREEDLOVE, DENNIS & ASSOCIA TES, INC., 330 WEST CANTON A VENUE, WINTER PARK, FLORIDA: MR. BIL TGEN DISTRIBUTED A HANDOUT TO THE BOARD MEMBERS OF THE LOCATIONS OF THE GOPHER TORTOISE BURROWS ON THIS SITE. MR. BILTGEN SAID, "THE AREA OF LOT 4 AND THE CUL-DE-SAC HAS A NUMBER OF BURROWS. IT ACTUALLY HAS TWO (2) BURROWS IN IT AND WHAT WE WERE PROPOSING TO DO AND FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) DOES ALLOW YOU TO DO A PARTIAL RELOCATION. WE WERE GOING TO PROPOSE TO ACTUALLY DEVELOP THE CUL-DE-SAC AND LOT 4 AND RELOCATE THE TORTOISES THAT WOULD BE AFFECTED BY THE DEVELOPMENT OF THE CUL-DE- SAC IN LOT 4. DEVELOPMENT REGULATIONS FROM FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) REQUIRE THAT YOU STAY AT LEAST TWENTY-FIVE FEET (25') AWAY FROM THE ENTRANCE OF A BURROW. THEREFORE, USING THE DEVELOPMENT PLAN THAT HE HAS, ANY BURROW THAT IS WITHIN TWENTY-FIVE FEET (25') OF EITHER THE CUL-DE-SAC OR LOT 4, WOULD BE RELOCATED. FOR PARTIAL RELOCATION, YOU ESTABLISH A SILT FENCE AND YOU- AROUND THE PROPERTY - SO YOU DO NOT ALLOW TORTOISES TO MOVE BACK ONTO THE PROPERTY DURING CONSTRUCTION ACTIVITIES. THAT IS THE TYPICAL WAY THAT YOU WOULD DO IT. YOU WOULD GO OUT AND RELOCATION - WOULD BE TYPICALLY BY USING A BACK HOE. YOU DIG UP EACH BURROW, YOU VERIFY WHETHER OR NOT THERE IS A TORTOISE IN THE BURROW OR NOT. YOU HAVE TO TAKE IT OUT, YOU HAVE TO MARK IT. IT HAS A NUMERICAL IDENTIFIER THAT YOU ETCH INTO THE SHELL, YOU HAVE TO WEIGH THEM, YOU HAVE TO SEX THEM AND THEN YOU HAVE TO TAKE THEM TO A MITIGATION SITE. AND IN THIS CASE, IT WOULD BE COLBERT-CAMERON [MITIGATION BANK] - IN VOLUSIA COUNTY. THEY DO HAVE ROOM FOR TORTOISES. IT IS ONE OF THE FEW SITES AROUND HERE THAT WE CAN ACTUALLY RELOCATE TO. I WANT TO POINT OUT THAT FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) CURRENTLY HAS PURCHASED - 1.3 MILLION ACRES FOR RELOCATING GOPHER TORTOISES, HOWEVER, NONE OF THAT PROPERTY IS AVAILABLE TO ACTUALLY RELOCATE. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE90FIl THERE ARE CURRENTLY - ABOUT TEN (10) MITIGATION SITES IN THE STATE OF FLORIDA THAT ARE BANKS AUTHORIZED BY FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) AND THERE IS ROOM FOR ONLY PROBABLY ABOUT FOUR HUNDRED (400) TORTOISES WITHIN THOSE BANKS. SO, YOU CAN SEE THAT THERE IS A HUGE PROBLEM IN TERMS OF RELOCATING TORTOISES TO APPROPRIATE SITES." MR. BILTGEN THEN SAID, "THAT IS WHAT WE WOULD LIKE TO DO AT LEAST ON THIS SITE AND THAT IS TO DO THIS PARTIAL RELOCATION." DISCUSSION. Note: Due to audio difficulties, some portions were not recorded. VOTE: BOARD MEMBER KARR: NAY CHAIRMAN POE: NAY BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: NAY BOARD MEMBER BROWN: AYE MOTION DID NOT CARRY. ADVISORY BOARD MEMBER KARR SAID, "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL OF THE FINAL SUBDIVISION ENGINEERING PLAN FOR THE CROCKET CORNER SUBDIVISION SUBJECT TO THE SAFE RELOCATION OF ALL..." CHAIRMAN POE SAID, "...DO I UNDERSTAND YOUR MOTION TO BE AS RANDY [STEVENSON] DECRIBED A FEW MOMENTS AGO THAT THE RELOCATION OF THE TORTOISES FROM THIS PROPOSED PROPERTY BE DONE EITHER IN A SINGLE STAGE AND OR IN A PHASED STAGE IF APPROVED BY THE STATE?" ADVISORY BOARD MEMBER KARR SAID, "YES. THAT IS BETTER." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY CHAIRMAN POE. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER BROWN : AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER RYSER: NAY MOTION CARRIED. Chairman Poe asked the Board Members that Voted in opposition for a written statement. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 10 OF 11 Chairman Poe said, "There were three (3) oppositions, so the Vote failed on the first. So, the three (3) opposing Votes still need to make a statement, do they not?" Chairman Poe asked, "Or would it just be on the second Vote?" Mr. Stevenson said, "I am not sure. 1 would have to check with Anthony [City Attorney Garganese]." CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The February 7, 2007 Regular Meeting Minutes. "I MOVE THA T WE APPROVE THE MEETING MINUTES FROM THE FEBRUARY 7th, 2007 REGULAR MEETING OF THE PLANNING AND ZONING BOARD, AS CIRCULATED." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER BROWN : AYE BOARD MEMBER RYSER: AYE CHAIRMAN POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. Chairman Poe referred to a Memorandum from City Manager Ronald W. McLemore dated March 7,2007 regarding a Joint Meeting. Chairman Poe said, "At that Meeting - the LP A [Local Planning Agency] had requested a Joint Meeting to be held with the Commission to review and refine this document prior to its Transmittal. Staff asked that the Commission determine a date in mid April to hold this J oint Meeting." Ms. Sahlstrom said, "I would like input to be able to share with them [City Commission] or input that could be passed on to them as to when that Meeting could be best held for your convenience." Chairman Poe said, "I personally am open." Ms. Sahlstrom said, "Okay." Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE II OF II Board Member Karr said, "I just would not be able to come the last day of April. But, any day other than that." Board Member Brown said, "I can not make the 30th [April] either. " Ms. Sahlstrom said, "Are you available on the 23rd [April], Monday, the 23rd [April] if they were to include it as a portion of their Meeting?" Board Member Karr said, "That would be fine." Board Member Ryser said, "Okay." Board Member Brown said, "I can not make the 23rd [April]." Ms. Sahlstrom asked, "When would you be available Tom [Board Member Brown]." Board Member Brown said, "The sixteenth (16th, April)." Ms. Sahlstrom said, "Okay." 600. REPORTS None. ADJOURNMENT Chairman Poe stated, "I will entertain a Motion to Adjourn." "SO MOVED." MOTION BY ADVISORY BOARD MEMBER BROWN. SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Poe adjourned the Regular Meeting at 8:35 p.m. 1 NOTE: These Minutes were approved at the May 2, 2007 Regular Planning and Zoning Board/Local Planning Agency Meeting.