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HomeMy WebLinkAbout1982 03 23 City Commission Regular Minutes _'.''''''''''~-:',!yl!~i': ..~.""",,.,,,.. . . . \.. 81-82-12 . REGULAR MEETING CITY Cm1MISSION CITY OF WINTER SPRINGS MARCH 23, 1982 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Troy Piland. The invocation was given by Commissioner Maureen Boyd. The pledge of allegiance to the flag was led by Commissioner Buck Adkins. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager, Richard Rozansky, present City Attorney Al Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher, present Maureen Boyd, present Motion was made by Commissioner Hartman to approve the minutes of March 9, 1982. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Public Input: Mrs. Helen Powell, Hacienda Village asked if the City could put any pressure on Florida Power Corp. to get our power bills lowered. She also asked about the possibility of getting a community pool in thecity. . General Agenda: Public hearing to hear an appeal from the Board of Adjustment's decision to deny a request of Michael Alexatos for Special Exception in Zone C-l to construct a grocery store with sale of gasoline on southeast corner of S.R. 434 & Hayes Road. Mayor Piland recessed the Commission meeting in order for persons wishing to speak to be sworn in by the City Clerk. The meeting was called back to order; was recessed again for the public hearing for the purposes of hearing the appeal. Attorney Bridges, Law Firm of Cleveland & Bridges, 209 N. Oak Ave., Sanford, Fl. spoke first. Attorney Bridges said the appeal is under a denial of the Board of Adjustment from C-l zoned district which is defined as a neighborhood commercial district; pursuant to the instructions of the City the appellant process provided and the application submitted were in the form of a special exception to the zoning as existed. We take issue with that in that we feel under Sec. 44.47(18) of the Code that this is not a special exception but in fact a permitted use in that Sec. 18 provides: "Any other retail store or business enterprise that in the judgment of the board of adjustment is consistent with those included above, and further, that will be in harmony with the spirit of sections 44.01 through 44.90." In review, the permitted uses that are contained in Sec. 44.47 I find some pleasure in the fact that many of these uses generate traffic flows and other items that are much in excess of that which the proponant requests this body to consider. Attorney Bridges said he respects the Board's position but also respects the position of the property owner who wishes to develop his property in accordance with the legal concept. Attorney Bridges said Sec. 44.47(18) provides a catch-all or pandora's box type provision which allows essentially anything within the sound discretion of this Board. However, the case law of our State has developed that that discretion must be exercised, must be administered with sound judicial, sound legal and sound business like principals which are not particularly enunciated in our code. We are requesting the implementation of a convenience store at Hayes Road. Mr. James Lee has been retained for pay, to perform an engineering study on behalf of Mr. Alexatos to look at the traffic impact that could be generated should this Board approve the special exception. . '"""'''i',,.>'.i<','!ir.<::;;'..1 ,....l'.<~, ~.~... t Regular Meeting, City Commission, March 23, 1982 Page 2 81-82-12 .. Attorney Bridges again reminded the Commission that we do not consider this to be a special exception. We feel that legally in its essence and is intended by the authors of the ordinance that it is a permitted use and one that does not truly require the approval of the Board of Adjustment or this Commission. We do not say that to antagonize, simply to state what we feel our interpretation is of the ordinance that is in question and the plan that is requested. This matter has been before the Board of Adjustment twice, it has been before this Commission once before and it is here this evening. The property is where it is. There is a traffic impact that must be determined and this body must determine in the best interests of the Commission in accordance with the mandates of the law of our State whether or not this must be approved. I would respectfully request that this body approve the exception knowing full and well that the members out here oppose it but that it be considered in accord- ance with the law and not with emotion. I would ask the body to consider that ~1r. Alexatos is a property owner and that he has the right to utilize his property in a manner that he sees fit in accordance with the ordinances of this City. In previous presentations that I have been involved in a tremendous outflowing of the audience concerned traffic. That is why I have retained the people I have to speak hopefully with authority and expertise as to the traffic flow problems. Attorney Bridges presented Mayor Piland with a traffic engineering study done by the Transportation Consulting Group, dated March 22, 1982. . Commissioner Trencher asked Attorney Bridges- if you feel that this should not be a special exception and that Mr. Alexatos should be able to develop his property without coming before this commission, why are you here tonight? Attorney Bridges said that he must exhaust his administrative remedies before he sues this City. Commissioner Trencher said you imply that that is not an antagonistic approach and Attorney Bridges answered no, it is just business. Commissioner Torcaso asked about the requi~ement of the Boards to look out for the welfare, morale and safety of the people of the City. Attorney Bridges said the C-l district talks about low traffic pattern highways, but C-l district as it is designed, enumerated some 27 particular classifications that were permitted in the eyes of the framers of that ordinance at that time, just so happens that convenience stores were not an enumerated use. But a catch all was put in there and that was subsection 18. The City Planner and Staff say that is a special exception; I (Attorney Bridges) consider that to be a permitted use because it gave this body the sound discretion to look at things on an independent basis because all of our minds are finite. What I am suggesting on Mr. Alexatos' behalf is this is one of the uses, i.e. a convenience store that was contemplated as a permitted use. In the previous hearings before this Board, much testimony was given by the dissidents of this proposal as to the number of convenience stores, traffic flows and patterns; and some very interesting facts came out. Attorney Bridges said the question nere is not of need, it is a question of property owners rights and that is a very sacred concept under our law. That is what this body is charged by law to look upon. Mr. Mike Alexatos, Longwood, Fl., described the location of the property. It is the southeast corner of Hayes Road and S.R. 434 with 383 front feet on S.R. 434; bounded on the east by a nursery; on the south by Celery Avenue and on the west by Hayes Road. . Mr. James Lee, president of Transportation Consulting Group, was present on behalf of the applicant. He said he was hired to assess the traffic impacts of the proposed con- venience store which was done the week of March 18. This report was given to the Mayor. by Attorney Bridges. .,0'.'j",.,..~ ~'''''~'I';'(~,';~,' ?"'1'\'T'~~i1t~"" . . Regular Meeting, City Commission, March 23, 1982 Page 3 81-82-12 . Mrs. Leanne Grove, Alton Road, wanted to make one point clear for the record. Reading from the Board of Adjustment minutes of January 7, 1982 referring to Attorney Bridges - "he also stated in reference to Hrs. Grove's traffic studies - he felt she should have done it in Winter Springs instead of Columbus." Mrs. Grove said the traffic studies that she quoted were from the I.T.E. Manual used by this City. The only thing from Columbus Ohio was item B. It was a market study done in North Linden, Ohio which is a community outside of Columbus. Mrs. Grove spoke against the appeal.. The following persons spoke against the appeal: Mary Martin, Sailfish Road; Helen Powell, Hacienda Village; William A. Kinnee, Hacienda Village; Howard Enright, Hacienda Village; Ben Martel, Hacienda Village; Mrs. E. F. Lowndes, Indian Ridge; Mr. Ed Lowndes, Indian Ridge; Mrs. Helen Foti, Pearl Road; Dominic S. Foti, Pearl Road; Joyce Ozersky, Pearl Road; Sandra Ribakoff, Alton Road; Diane Brown, Pearl Road; Marsha Bracht, Pearl Road; Andy Garam, Maitland. Mayor Piland closed the public hearing at 8:32 p. m. and reconvened the Commission Meeting. Motion was made by Commissioner Adkins that because at the present time, starting two weeks ago, a committee of citizens was appointed to specifically clarify changes to Sec. 44, Item 18, that this be tabled for a period of one month. Motion died due to lack of a second. . Motion was made by Commissioner Hartman to sustain the Board of Adjustment's decision based on the criteria pointed out in Sec. 44.2lB of our Code. There are certain criterias pointed out and you have to prove in order to approve it that it will not create a health hazard or threat to the safety or welfare of the community; and it will generally comply with the character of the neighborhood; and this has not been proven and I would like to make a motion to sustain the Board of Adjustment decision. Seconded by Commissioner Torcaso. Discussion. In discussion Commissioner Trencher said I think we have spent a lot of wasted time. You had an opportunity the first time around the Board of Adjustment and this Commission and a period of time to appeal. You missed that time frame and it is known before you came here this evening your intent was to create an atmosphere where you could appeal. Therefore we have taken twice the time of the citizens, Board of Adjustment and this Commission to do what you intended to do several months ago. I find that to be totally antagonistic. . Commissioner Trencher differed with Attorney Bridges in reference to Sec. 44.47(18) that it is written so the citizens of Winter Springs can chart their own destiny. It is established in such a way so that we can have a choice of approving businesses. I think it is very clear to any developer that the citizens of Winter Springs do not want any more convenience stores and gas stations and it is within the code to allow us as a Commission to make that decision. I am very concerned about the manner in which this entire appeal was handled more so than I am about the decision, but I think for everyone in this room the decision is very well known. All good intentions of what might occur down the road as far as convenience stores do not make what might be of benefit to us as a City. If we allow more convenience stores and gas stations into this City we can have so many of them that sooner or later somebody is going to go out of business. Sooner or later there is going to be an empty store and sooner or later there is going to be boarded up areas in this town. It is very clear to everybody that the number of convenience stores and gas stations is more than sufficient to serve the population of this town and Mrs. Grove's comments quoting from the Columbus, Ohio Department of Development fully and completely apply for Winter Springs. _~~........:l '-"i'~.;1:.,~~~':r"~:;hrr,,__,<;,)r.;: --" . . Regular Meeting, City Commission, March 23, 1982 Page 4 81-82-12 . Commissioner Torcaso said this Commission is not against free enterprise. convenience store is a prime target to be robbed. A Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Public Hearing to hear an appeal from the Board of Adjustment's decision to deny a request of Michael Alexatos for Special Exception in zone C-l to construct a gas station with sale of groceries on south side of S.R. 434 between Devon and Fairfax Avenues. ~1ayor Piland recessed the Commission meeting in order for persons wishing to speak to be sworn in by the City Clerk. The meeting was called back to order; then was recessed again for the public hearing for the purposes of hearing the appeal. Attorney Jack T. Bridges, of Cleveland & Bridges Law Firm, 209 N. Oak Ave., Sanford, attorney for the appellant and proponent Mike Alexatos spoke for the appeal. He said this is a parcel of property that is zoned C-l. The proposed use is the construction and implementation of a Citgo gas facility. ~1r. Alexatos is agent and owner. Attorney Bridges introduced Mr. Burt Larson, representative of Citgo, who previously made a presentation regarding this operation. We again suggest it is a permitted use, not a special exception. Michael Alexatos, Longwood, described the location of the property as between Devon and Fairfax Avenues on the south side of S.R. 434. He said they would like to put a Citgo gas station similar to the one on S.R. 434 near the Brantley school. Mayor Piland asked how many gas pumps, and Mr. Larsen answered four dispensers and eight hoses. . The following persons spoke against the appeal: Ruthanne Kulbes, Glasgow Court; Leanne Grove, Alton Road; Mrs. E. F. Lowndes, 329 San Miguel; Ed Lowndes, 329 San Miguel; Mary Martin, Sailfish Road; Helen Powell, Hacienda Village; Howard Enright, Hacienda Village; Joyce Ozersky,Pearl Road; Sandra Ribakoff, Alton Road; Diane Brown, Pearl Road; Helen Foti, Pearl Road Dominic Foti, Pearl Road; Andy Garam, Maitland; and Mike dePasquale, Alton Road. Mr. Burt Larson, representative of City Service Co., spoke for the appeal. Mayor Piland closed the public hearing at 9:10 p.m. and convened the Commission ~1eeting. Motion was made by Commissioner Hartman that we sustain the Board of Adjustment's decision not to grant approval based on the criteria pointed out in Sec. 44.21 of our City Code. It has not been shown that it will not create a hazard to the health, safety and welfare of the community; and it has not been pointed out that it will generally comply with the character of the neighborhood. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Planning & Zoning Board Recommendations of March 17, 1982: Presentation by Florida Land Company regarding park lands and recreational facilities pertinent to Foxmoor Unit 4 and The Hammock (305-acre parcel). . _....~~--- ~.. ....-,.',.. . ,< ""f"'~!"",';~~~~'1i'!;.~". l Regular Meeting, City Commission, March 23, 1982 Page 5 81-82-12 . The City Planner said they made a presentation regarding the way they would like to fulfill their requirement to contribute 5% of subdivisions to the City for parks and recreation. In connection with the balance of Foxmoor and The Hammock (305 acres), they propose to contribute a 37 acre developed park in this area to meet the require- ment for both Foxmoor and this 305 acres. The Board and Staff recommend approval. Mr. Tom Blanton, with the Land Planning and Consultant Firm of Davis and Associates in Orlando, representing Florida Land Company, made a presentation of the proposed park. Jackie Fitzsimmons of Florida Land Company was also present. Motion was made by Commissioner Torcaso that we accept the proposal from Florida Land Company for a proposed park in Foxmoor Unit 4 and that construction of the park improvements would begin simultaneously with the construction of whichever subdivision is developed first, Foxmoor 4 or the first unit of The Hammock. The proposed improve- ments are: 1. One main shelter with restrooms attached; 2. three picnic shelters; 3. Three little league baseball fields with backstops. Two multi-use play field boundaries can be established in out field area; 4. Tables placed in picnic area; 5. Improved roadway and parking areas. Seconded by Commissioner Boyd. Discussion. In discussion, Attorney Cook advised us that there are numerous ways that we could enforce compliance of the required improvements. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. Request of Sid Vihlen, Jr. to annex Lots 52, 53, 54 and 55, Entz.Farms Add. No. 2- 22.6 acres north of Pearl Road between Hayes and Shore Roads, etc. Mr. Vihlen requested an additional 30 day delay and there was no objection from the Commission. . City Manager - Richard Rozansky: Proposed donation of property adjacent to Moss Road Park: At the last Commission meeting Manager Rozansky made the Commission aware that we have been offered approximately 1.147 acres adjacent to the park on Moss Road. It was offered to the City by Chemical Enterprises, Inc. and it is part of an easement. We reviewed the easement and the Grantor informed us if we will accept this for the fair market value, in this case $7,594, he will convey title to the Commission. Staff recommends that we accept it. Motion was made by Commissioner Trencher that we accept the offer. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd,~e; motion carried. Reports: Next meeting, April 13, we will have the first reading of the budget revision ordinance, and have final reading on 11ay 11, 1982. Manager Rozansky reported that he was informed by the City's Consulting Engineer, Cal Conklin, that the fees for the acquisition of the North Orlando Water & Sewer Corp. have just about run out. In 1979 when the City started negotiating for NOWSCO, the Council authorized $5,000 to be spent for required engineering for this project. Manager Rozansky recommended that an additional $3,000 - $3,500 be set aside for final engineering for the acquisition of NOWSCO. . " . " Regular Meeting, City Commission, March 23, 1982 Page 6 81-82-12 . Commissioner Trencher asked for a timetable from the Public Works Department for sodding the swales on Sheoah Boulevard. Mr. Cooper explained that as soon as sod becomes available it would be done. His estimate was a week or two. Commissioner Hartman asked the Manager if Southern Bell could be required to put manhole covers at the corner of Hayes and S.R. 434 and the corner of Pearl and Hayes Roads. They dig it up almost every week. Manager Rozansky said he would talk to Southern Bell. Commissioner Boyd asked Chief Holzman about the hydrant at Silver Creek and Tides, if it has been repaired yet. Chief Holzman said he would check with Public Works Superintendent Ron Emery. Manager Rozansky discussed the letter from the Department of Highway Safety and Motor Vehicles in reference to mobile home license tax revenue to the City of Winter Springs. Commission Seat I - Jim Hartman: No report. . Commission Seat II - Buck Adkins: Commissioner Adkins said that a recent ruling by the Winter Springs Building Department is to stop licensed building contractors from building swimming pools with or without a home. In the past a pool was considered an auxiliary structure such as a screened patio, fence, or tennis court. The Department of Professional Regulation ruling is that to build a pool you have to have either a pool contractor's license or a general contractor Class A license, but it also says that a "c" or "B" licensed contractor can build auxiliary structures. What needs to be defined is what is an auxiliary structure. Attorney Cook is researching the matter. Discussion followed. Motion was made by Commissioner Hartman that we direct the Building Department to continue to issue permits to licensed builders for pools as auxiliary structures until such time as we have been informed by DPR officially that we are incorrect in our procedures. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, abstain; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Commission Seat III - Martin Trencher: No report. Commission Seat IV - Maureen Boyd: No report. Commission Seat V - John Torcaso: Recommendation that the Commission solicit P&Z Board opinion on changing the C-2 zoning on Moss Road and on northeast corner of S.R. 434 & Wade Street: There was no objection from the Commission to send the question to the P&Z Board for an opinion. The property referred to on Moss Road is the Hunt Property and Commissioner Torcaso suggested changing the zoning to either residential or C-1. . Mayor's Office: '~:.:~~'~:~-.,,~~.. .~"''''j>r;''''''"'Ijo~~" 7~-~,_~ r . ''1 Regu1a~ Meeting, City Commission, March 23, 1982 Page. 7 81-82-12 . A Workshop Meeting was called for March 30, 1982, from 5:00 p. m. to 7:00 p. m. to discuss the acquisition of the North Orlando Water & Sewer Corporation to receive a report from our Consulting Engineer and the Leedy Corporation, and also to discuss the Transmission Authority and some alternatives that are available to us, that we have to make some decisions on. One of the items that will be under discussion is whether or not we want to go ahead and prevail on the Transmission Authority to use part of the grant money to complete the third stage of the interceptor into the westerly part of Winter Springs. If we are going to do that then we have to make some decisions in reference to the 100,000 gallons of sewer capacity that we've received from Seminole County. There is also some 208,000 gallons of capacity that the City of Casselberry had received on loan from theCounty that they are now saying they no longer wish to utilize that may be available to us. Mayor Piland said he wants the Commission to know what our responsibilities are if we accept that sewer capacity. Ben Kaplan, Burgos Road, requested the invocations to be non-denominational and asked the Commission to pass a resolution to that effect. Mrs. Weiss, Winter Springs Boulevard; Joel Weiss, Winter Springs Boulevard, and Mrs. Mary Martin, Sailfish Road spoke in discussion. There was discussion, but no action was taken. Meeting was adjourned 10:35 p. m. Respectfully submitted, . ~7'~ Mary T. Norton, City Clerk Approved: ,MAYOR -,-1M TROY J.. PI " I .