Loading...
HomeMy WebLinkAbout1982 07 13 City Commission Regular Minutes . . .., r' 4 J 1981-82-22 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS 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 Reverend Bobby Clark. 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 A1 Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher, present Maureen Boyd, present Motion was made by Commissioner Torcaso, seconded by Commissioner Adkins to approve the minutes of June 22 and June 29, 1982. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Public Input: Mr. Bill Jacobs, S. Edgemon Ave., commended the Police Department for solving their problem with speeders on S. Edgemon Avenue. Planning & Zoning Board Recommendations: The Planning and Zoning Board reviewed proposed Ord. No. 264 and 265 and following is a summation of their recommendations: Ordinance No. 264 - C-1: Use No. 33 - Grocers, Retail - add the requirement that the store size be a minimum 5000 square feet. Use No. 31 - Full Service Gas Stations - add the requirement that mechanical repair service be provided. Use No. 67 - Schools, Public, Private and Parochial - service vocational schools (such as cosmetology, medical and dental assistance training) requiring no mechanical equip- ment. Use No. 66 - Restaurants - add "other than drive in or curb service." Add to Paragraph 44.47 a statement prohibiting outdoor display and/or sales exqept by special exception. Ordinance No. 265 - C-2: Use No. 17 - Drive-in theaters - delete. Use No. 16 delete and substitute: Retail Grocers, no size limit Add: Public maintenance buildings Laboratories for testing materials and chemical analysis Manufacturing and assembly of scientific and optical precision instruments and equipment. Public Hearing for Ordinance No. 264, amending Sec. 44.47 regarding uses permitted in C-1 neighborhood commercial districts; adding Sec. 44.47.1 providing for nonconforming uses; etc. '--- Mayor Piland recessed the commission meeting and convened the public hearing on proposeo Ordinance No. 265 for the purposes of hearing public comment. Attorney Cook read Ord. No. 265 on second reading by title only. After discussion Mayor Piland closed the public hearing and reconvened the commission meeting. Motion was made by Commissioner Adkins that we adopt Ord. No. 265 amending Sec. 44.54 uses permitted in C-2 General Commercial and industrial districts, and ignore the recommendations numbers 16 and 17 and add: Public Maintenance Buildings, Laboratories for testing materials and chemical analysis and manufacturing and assembly of scientific and optical precision instruments and equipment. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Boyd, no; Commissioner Torcaso, aye; Commissioner Hartman, no; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. Continued Public Hearing to consider an appeal from the Board of Adjustment decision to grant the request of Nicholas A. Pope, Tr., for Special Exception in zone C-1 to construct a gas station with sale-of groceries on the northwest corner of S.R. 434 and Moss "Road, Winter Springs: Mayor Piland said the people who were sworn in at the last meeting could give testimony under the continued public hearing. . Attorney Nicholas Pope representing the landowner explained that the landowner considers this public hearing is not properly considering the matters before it inasmuch as a motion was made at the last meeting to overturn the decision of the Board of Adjustment and failed for lack of three affirmative votes. Accordingly they feel the decision of the Board of Adjustment stands and whatever action that is taken at this hearing does not ~~:'"'!. . . Regular Meeting, City Commission, July 13, 1982 Page 3 1981-82-22 . affect that decision. Mr. Pope asked the Commission to consider whether or not they wish to hold the balance of the hearing. Attorney Cook did not agree with Mr. Pope and said the Commission could continue the public hearing. . Mayor Piland recessed the Commission Meeting and continued the public hearing to consider the appeal. Mr. Kevin Dineen, one of the owners of the property, spoke for the Tenneco station; Jane Ridenour, Hacienda Village, opposed; Mr. Gary Selip wanted to see a copy of the petition that was submitted at the last meeting; John Ridenour, Hacienda Village, opposed the station; Fred Gallagher, opposed; Marjorie Gallagher, Hacienda Village, opposed; Margaret Earnshaw, opposed; Donald Earnshaw, opposed; Marta Garam, opposed; William Crump, Mid Florida Agencies, representing Tenneco, spoke for the station; Leanne Grove, Alton Road,pointed out the City Staff has recommended against that location; Geraldine Anderson, opposed; Lloyd Anderson, Hacienda Village, opposed; Loretta Gammel, Hacienda Village, opposed; Kenneth Gammel, opposed; Robert Crockett, spoke for the station; Robert Schumacher, of Construction Enterprises of Florida asked the following letter be read into the minutes as follows: City of Winter Springs, Attn: Mayor Troy Piland; re: Proposed Tennaco Station 434 & Moss Roads; Dear Mr. Piland: I would like to bring to your attention the fact that there is only one group in Winter Springs that is in opposition to this Tennaco Gas facility and that is Hacienda Village. I do not feel the people have any legitimate objections and from testimonies at the first council meeting, many were misinformed by opponents when they were asked to sign a petition and attend the meeting. Mr. John Torcaso, with all due respect, is a resident of Hacienda Village, a current member and former chairman of the Hacienda Village Homeowner's Assn., and would not be able to cast a vote in the best interest of all the other communities in Winter Springs. All of these "other communities" are apparently not in opposition and they represent the silent majority. There is no doubt that Mr. Torcaso's vote would be influenced by his immediate neighbors in this seemingly "up in arms" community of Hacienda Village. I also feel that each Councilman should consider this proposed "First Class" gas facility on it's own merits and it's own benefits to serve the people of Winter Springs. They should not hold back a favorable vote, such as Martin Trencher felt he should at the last meeting, due to pending suits. I truly believe that if Winter Springs is to grow, it needs to provide decent services for the people. I do not believe the two pump gas pumps in the parking lots of the existing convenience stores meet the needs of the people. If the Council overturns the approval by the Board of Adjustment, it would be doing a diservice to the majority of the residents of the community and would be adversely affecting positive natural growth in Winter Springs. Your consideration of the above would be greatly appreciated. Yours truly, Construction Enterprises of Central Florida, Inc./ signed Robert B. Schumacher, President. Mr. Gary Selip spoke for the station. Mr. Pope said he was present to advise the Commission of some of the legal considerations that should be before them before they make their decision. Mayor Piland closed the public hearing and reconvened the Commission Meeting. . Motion was made by Commissioner Hartman that we override the decision of the Board of Adjustment due to Sec. 44.47 of our Code; in our opinion it ~ill create a hazard- threat to the health, safety and welfare of the community and does not comply with the character of the neighborhood and it is not a use in harmony with the zoning ordinances of the City of Winter Springs. Seconded by Commissioner Torcaso. "f"-~ ; . Regular Meeting, City Commission, July 13, 1982 Page 4 1981-82-22 . Discussion. Commissioner Trencher explained that the health, safety and welfare of the community is important here; the location of the convenience store has been the primary issue in the decision. Commissioner Trencher asked that the following article be read into the minutes: Zoning mix convenience for crime? By Henry Eason- Washington - The National Institute of Justice, based on a study of crime in six Atlanta neighborhoods, contends that a nationwide move to integrate commercial and residential activities within the same neighborhood may breed crime. The Justice Department study, called Safe and Secure Neighborhoods, found that criminal elements were more prone to victimize residents of neighborhoods in Atlanta if they are drawn to nearby business establishments in those areas. Because of gasoline shortages in recent years, urban planners have been promoting more tightly mixed communities where residents can live, shop, work and find recreation without driving great distances. The study argues that residential neighborhoods with few businesses are more crime- resistant because they tend to attract fewer non-residents who are likely to commit property crimes. "Homogeneous residential land use, small streets and few characterized low-crime neighborhoods," the study said. hoods as primarily residential areas appears to promote major thoroughfares "Thus, maintaining neighbor- safety. "This finding is particularly important, given the recent trend in neighborhood . planning to encourage mixed land use in order to conserve gasoline." The report warned against turning American neighborhoods into "fortresses, barricading themselves from outsiders" but recommended that "relatively subtle modifications of the residential environment may effectively inhibit crime." Commissioner Trencher said he is sensitive to the needs of the community when it becomes an issue of health, safety and welfare and that is the issue here this evening. Commissioner Trencher asked, for the record, the City Planner, if she had made a recommendation to the Board of Adjustment, as the City Planner, that that station should not be approved, or did she just advise the Board of Adjustment on several of the possible problems that would occur. The City Planner explained she does not make specific recommendations. The Board votes for or against any application. She did on her own initiative point out several problems that she saw in connection with the proposal as City Planner. Commissioner Trencher asked the City Planner if she recommends approval or disapproval and she said for the very same reason she would recommend disapproval. The City Planner explained that consideration of the impact of traffic in competition with emergency vehicles and the noise adjacent to multi-family development should be taken into consideration. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, no; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. The decision of the Board of Adjustment was overturned. . Request for Lot Split on Morton Lane - Suissa: ->>~''''''"''' . . . '" Regular Meeting, City Commission, July 13, 1982 Page 5 1981-82-22 The City Planner explained that the request is to split Lot 5, Section 6 of the North Orlando Ranches. The Engineer recommends approval. Motion was made by Commissioner Boyd to approve the lot split on Morton Lane. 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. Recording of Plat and Acceptance of Improvements in Oak Forest Unit 2B: The City Planner explained that Winter Springs Development Corp. has completed the rest of Oak Forest Development south of Winter Springs Boulevard. They have ful- filled all of the code requirements to record the plat. They have installed all of the public improvements which have been inspected and are recommended for acceptance by our City Engineer. Motion was made by Commissioner Boyd that Oak Forest Plat Unit 2B be approved for recording and simultaneously the public improvements of this development be accepted into the City system. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. City Manager - Richard Rozansky: Bid recommendation for traffic light at S.R. 434 & Edgemon Ave.: Motion was made by Commissioner Torcaso, seconded by Commissioner Trencher to accept the bid of Control Specialists in the amount of $19,847.00. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Bid recommendation for ,breathing apparatus for Fire Dept.: Motion was made by Commissioner Hartman, seconded by Commissioner Torcaso to accept the bid of ABC Fire Equipment in the amount of $3,666.60. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. Fiscal Year 1982/83 Budget: The Commission was provided a preliminary FY 1982/83 budget on July 2, 1982. A Workshop was called for next Tuesday, July 20, to discuss the budget. Reports: Monthly reports have been distributed. Commissioner Trencher asked the Police in front of the Highlands Clubhouse is to Department/place signs indicating the"is1and" an emergency parking zone. Manager Rozansky reported he has provided the Commission with a copy of a letter from IWS requesting a rate increase. Mr. Jennings of I.W.S. is asking to meet with the Commission and at the Budget Workshop on August 3 this rate increase will also be discussed. The City Engineer has provided a letter to the Manager in reference to improvements to the ball field at Sunshine Park. Manager Rozansky asked the Commission if they were in favor of having the present contractor make these improvements thereby eliminating mobilization costs. The Commission asked that invitation bids be secured for both parks (Sunshine Park and the park in the Terraces). . . . . , " -,.. . Regular Meeting, City Commission, July 13, 1982 Page 6 1981-82-22 Commission Seat I - Jim Hartman: Commissioner Hartman asked that the ordinance about fencing right-of-ways be placed on the agenda for the next meeting for first reading. Commission Seat II - Buck Adkins: No report. Commission Seat III - Martin Trencher: Motion was made by Commissioner Trencher to place Resolution No. 389, imposing a six month's moratorium on the receipt of applications for review of a site plan for the development of land upon which a convenience store or gas station will be built, or a special exception for the construction of such convenience store and/or gas station,on the agenda. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Adkins, no; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Trencher to adopt Resolution No. 389. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, no; motion carried. Commission Seat IV - Maureen Boyd: No Report. Commission Seat V - John Torcaso: No report. Mayor's Office: Mayor Piland asked the Commission to consider waiving annexation fees in conjunction with the city soliciting annexations to square off the City's boundaries and he asked that this be placed on the next agenda. Mayor Piland reported he has submitted his resignation effective November 1, 1982. Meeting was adjourned 10:55 p. m. Respectfully submitted, " ~/~ Mary T. Norton, City Clerk Approved: 4' ,MAYOR , , " /,