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HomeMy WebLinkAbout1993 06 28 City Commission Regular Minutes . . . 92-93-21 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 28, 1993 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Deputy Mayor John V. Torcaso at 7:30 p.m. Roll Call: Mayor Philip A. Kulbes, absent Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: Don Jonas, present John Langellotti, present Terri Donnelly, present Cindy Kaehler, present For the invocation Commissioner Langellotti asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Deputy Mayor John V. Torcaso. Approval of minutes of June 14, 1993: Motion was made by Commissioner Jonas, seconded by Commissioner Langellotti to approve the minutes of June 14, 1993. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Public Comment: Carol Alvine, Tradewinds Road, presented a letter in reference to the rezoning request. Carl Stephens, Fisher Road, spoke in reference to the rezoning request and regarding the Comprehensive Plan and how the Comprehensive Plan has been handled in the City. Gene Lein, Winged Foot Circle East, spoke about the Tuscawilla Maintenance issue and about an advisory board to look into the issue. Commissioner Kaehler suggested that rather than set up a formal committee, let the people who are interested, get together and give the Commission their ideas and suggestions. Chestnut Ridge (Northeast corner of Northern Way and Greenbriar Lane)-Acceptance of improvements for maintenance: Motion was made by Commissioner Kaehler for acceptance of the improvements of Chestnut Ridge subject to the Land Development Coordinator calling the Bond Company to verify the bond. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. Planning & Zoning Board Recommendations of June 2, 1993: Rezoning request-80 acre parcel east of Fisher Road, south of Panama Road and west of power easement from RC-l to Rl-A not to exceed 3.5 units per gross acre. Deputy Mayor Torcaso explained a letter has been received asking for a continuance on this item. A Workshop Meeting will be held on July 19, 1993, at 7:00 p.m. for this item. Deputy Mayor Torcaso called a recess at 7:50 p.m. and called the meeting back to order at 8:00 p.m. Public Hearing Prior to Transmittal of Amendments to the 1990-2010 Comprehensive Plan to the Florida Department of Community Affairs for review and comment: Regular Meeting, City Commission, June 28, 1993 Page 2 92-93-21 . 1. Traffic Circulation Element; 2. Future Land Use Element; 3. Future Land Use Map: The City Planner, Greg Kern, explained this evening we would be discussing the amendments to the 1990-2010 Comprehensive Plan. On June 2, 1993 the Planning & Zoning Board held a public hearing and made their recommendations to the Commission. Mr. Kern said they are in three categories; Policy Amendments, Annexations and Future Land Use Map amendments. The policy amendments are changes to the policies of the adopted Comprehensive Plan. The annexations are properties that have already been annexed into the City and now have to be assigned zoning and land use classifica- tions. Mr. Kern then discussed the policy amendments as follows: Traffic Circulation Element Policy B.9: The Staff recommendations and Planning and Zoning Board recommendations are: Keep informed of the plans of the CSX Railroad regarding the probable abandonment of its right of way through the City's undeveloped central area. Acquire the abandoned right of way for public ownership, if practicable, to be converted into a corridor for alternative modes of travel within the City-- walking trails, bicycle paths, and possibly a light rail or trolley system. . The City Planner explained this refers to land along S.R. 434 and the CSX Railroad, basically along Mr. Leffler's property for the most part. Then there is some County property abutting that. This policy really has a problem in that the City is deferring permitting on facilities that do not belong to the City, i.e. the CSX Railroad right- of-way and S.R. 434. There are access management provisions by the FDOT which are very stringent provisions for where you can have cuts on S.R. 434 and the same token application has to be made to CSX to get a railroad cut. By having this policy as it was originally drafted we are putting a hold on development of this area. Staff recommendations and Planning & Zoning Board recommendations are to strike out the text: defer permitting of developments access to which requires crossing the railroad tracks while they remain active. Traffic Circulation Element Policy C.8: The City shall adopt the most recently published FDOT level of service standards publication "Florida"s Level of Service Standards and Guidelines Manual for Planning" as it is received by the City to update the level of service volume tables for concurrency management and related transportation planning. The City Planner stated this was suggested by our Transportation Planning Consultant that we specify in the Comprehensive Plan what we are using for standards to deter- mine the level of service. This sets forth the policy that tells the developer or property owner what data we are using to measure level of service. Traffic Circulation Element Policy D.l: The City, in the revised land development regulations to be adopted, shall adopt a transportation concurrency ordinance forma- lizing procedures to ascertain the permitability of proposed developments according to criteria established by an expert consultant. . The City Planner explained we have adopted in our Comprehensive Plan concurrency management provisions in the Capital Improvement Element. Those are already adopted. Presently we are working on the Land Development Regulations; this was not done by October 1991. He said we are in process right now and expect them to be completed by next summer at this time. . Regular Meeting, City Commission, June 28, 1993 Page 3 92-93-21 Traffic Circulation Element Policy F.4: Permit no individual residential driveways onto the new collector roads when local roadways can be designed and developed which consolidate trips to the collector road. Mr. Kern explained the intent of this policy when it was originally drafted was in designing our new local network on transportation facilities within the City, the collector roads, the Panama loop around Winter Springs, the Shore Road extension, etc. Those collector roads that are in our Comprehensive Plan and in designing those roads we wanted them designed in such a way that we would eliminate individual driveway cuts onto those roads. Driveway cuts onto collector roads only increase the probability of accidents, so this policy has been amended to address the intent. Future Land Use Element -3.A.l, 3.A.2, 3.A.3, 3.A.5, 3.A.6, 3.A.7: Mr. Kern explained the way our definitions for the new land use classifications were drafted in the Comprehensive Plan, we had both minimum and maximum densities. Lower density residential was 1.1 to 3.5 DU per acre and moderate was 3.6 to 6.5, etc. That was done to assign existing developments to these new land use classifications. He said the down side was we had minimum densities and vacant land, so at a moderate density residential area we are saying a developer has to develop 3.6 DU per acre. If he comes in with a proposal of 3.4 DU per acre it is not consistent with the Comprehensive Plan, it is not consistent with the future land use map and if he wants 3.4 DU per acre, we have to go through this entire amendment process prior to the developer beginning development and prior to the City giving him the o.k. on his final engineering plans. . Mr. Kern said in general the Department of Community Affairs and other municipalities really only have a maximum density, no more than 3.5, no more than 6.5, no more than 9.0 DU per acre. So instead of having 1.1 to 3.5 lower density, you say it is a maximum of 3.5; if the developer wants to come in with acre minimum lots, that is consistent with the Comprehensive Plan. 1) Rustic Residential is defined as a maximum density of 1.0 DU per acre. 2) Lower Density Residential is defined as a maximum density of 3.5 DU per acre. 3) Moderate Density Residential is defined as a maximum density of 6.5 DU per acre. a. A new classification, Moderate Density REsidential is established a maximum 6.5 units per acre and shall be simultaneously applied to a significant percentage of City-wide acreage. This policy is intended to better diversify the residential mix and to provide opportunities for development of subdivisions of affordable housing, including but not limited to small lot housing, patio homes, cluster homes, and manufactured housing. This density shall be computed per gross acre for properties including or adjacent to natural drainage features, but development shall be concentrated on the areas of the property least likely to impact the natural environment. 5) Medium Density Residential is defined as a maximum density of 9.0 DU per acre. 6) Higher Density Residential is defined as a maximum density of 12.0 DU per acre. 7) Urban Density Residential includes all developments with a maximum density of 21.0 units per acre that were preexisting or preapproved in 1991. . . Regular Meeting, City Commission, June 28, 1993 Page 4 92-93-21 The City Planner said that additional language needs to stay in there because the highest classification we ever want to assign is higher density residential. Urban density residential as seen in the Tuscawilla Planned Unit Development and a couple areas will not be assigned any new land -those were developments that were approved pre-existing as of the adoption of the Comprehensive Plan. Future Land Use Element Policy 3.A.9: Mr. Kern explained this policy is specifically tailored to remaining property of the Tuscawilla PUD. The Tuscawilla PUD had a Settlement Agreement back in 1990 which prescribed maximum densities in Parcels l4C, 15, 61, 80 and Lake Jesup Property. This Settlement Agreement is not to be altered by this. The Settlement Agreement calls for less intensive uses and what we are proposing here and this was forwarded by the applicant, is to allow less intensive uses in those remaining parcels. The Settlement Agreement prescribed maximum and this allows for less intensive uses. The applicant initially came forward and requested a general mixed use classification. The problem with a general mixed use classification would allow commercial or indus- trial in some of these areas that were prescribed to be residential only. Mr. Kern said they came up with a new land use classification, mixed use residential, and this classification is created only to allow flexibility in the design of residential developments within the current vacant parcels of the Tuscawilla PUD, collectively known as the remaining property by the terms of the court approved settlement under dispute between the developer and the City. . Mr. Kern explained with the exception of the two commercial portions of Parcels 15 and 61 as stated in the Settlement Agreement, the maximum density shall be in accord- ance with the Settlement Agreement with no minimum density applied, and we defined what the remaining property of the Tuscawilla PUD is - l4C, 15, 61, 80 and Lake Jessup property. Mr. Kern said we are going to get onto a Future Land Use Map Amendment change that addresses these same parcels. The City PLanner, Greg Kern, became ill and was unable to continue with the presentation. Deputy Mayor Torcaso called a recess at 8:20 p.m. and called the meeting back to order at 8:25 p.m. Motion was made by Commissioner Kaehler to continue this public hearing for trans- mittal of amendments for the Comprehensive Plan to July 12, 1993. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. Trotwood Boulevard Ingress/Egress: Commissioner Jonas said he appreciated the Commission allowing him to bring this back on the floor. He said his concern was the development of Eagle Ridge and the entrance and exit on S.R. 434 being the only exit and entrance. He said it gave him a great deal of concern. He said through the investigation that he has done since the last meeting, he has found additional information that satisfies his concerns and therefore,withdraws the point of making an issue of the extension of Trotwood Boulevard into Eagle Ridge. . . . Regular Meeting, City Commission, June 28, 1993 Page 5 92-93-21 Mr. Haynes, president of the Oak Forest Homeowners Assn., said he sincerely hopes this puts an end to this issue once and for all for the people of Oak Forest. He said he hopes it is finished and over with. Code Board Citation Procedure-Update: The new ordinance is to be on the Agenda for the next meeting for first reading. City Manager John Govoruhk: Reports: Manager Govoruhk said the monthly reports were given out a couple weeks ago. The Commission has received many memos including the application waiver for the garbage with the requested changes. Commissioner Langellotti asked if the issue of the senior citizens that have written letters could be looked into. Commissioner Jonas pointed out there is a special law for people who are on poverty income, the government will pay for their garbage pickup. Commissioner Kaehler said why don't we just direct Staff, if in their opinion, they feel people meet the criteria, aid the people that live in Winter Springs to seek the relief from the Federal Government and help them through the process. Commissioner Jonas asked that he be shown how the Purchasing Agent is saving us dollars, and how much is he saving in the period of a year. He said he would like to see that in writing. . Commissioner Kaehler asked that a letter be sent to Dr. Charles along with the memo from the Utility Director regarding the reclaimed water that was sent to Mayor Kulbes. Attorney Kruppenbacher spoke about the issue with Tipton & Associates who have performed services for the City and the traffic study analysis for our Comprehensive Plan, and analysis for our impact fees. Attorney Kruppenbacher said he has received inquiry from Mr. Tipton whether or not there would be a conflict if Mr. Tipton also represented some developers regarding projects in the City. Attorney Kruppenbacher said "I can tell you legally we do have a concern as it relates to representing them where they look for credits". Commissioner Kaehler said she has a problem every time we get into a situation with conflicts including our City Attorney. She recommended that in the cases where we find ourselves dealing with IWS and Cablevision and any other entity in the future, that a separate law firm be available to us. Attorney Kruppenbacher explained his law firm does not represent IWS or Cablevision regarding the City; those issues are always sent to a different law firm. Commissioner Kaehler asked that in the future it be stated on the record who the law firm is. Commission Seat V - Cindy Kaehler: Commissioner Kaehler said she would make her appointments and reappointments to the Planning & Zoning Board and Board of Adjustment at the next meeting. Commissioner Kaehler spoke about the Bus Survey. Commissioner Donnelly had asked that an amount be stated in the survey, and the problem with that is it depends on the services that we find will be needed after the survey. . . . Regular Meeting, City Commission, June 28, 1993 Page 6 92-93-21 Commissioner Kaehler said she is proposing in an introduction to the survey that it be stated that this is not a free ride to the City; that it will cost the City of Winter Springs money to subsidize bus service and therefore we need to have an idea if the expenditure is warranted. Therefore, would you please fill out the following survey. The survey will be filled out with the introduction paragraph and will go into the next newsletter. Commission Seat II - Don Jonas: Commissioner Jonas thanked the Commission for their support at the last meeting regarding the soccer program. He said he thinks we will find out the end result will be a tremendous benefit to our City. Commissioner Jonas said the School Board will be meeting in July to name the high school and he wanted to let the Commission know he will be there to make a presentation to the School Board regarding our request to name the school Winter Springs High School. Commission Seat III - John Langellotti: Motion was made by Commissioner Kaehler to approve the appointment of John Ferring to the Planning & Zoning Board and Al Becker to the Board of Adjustment. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. . Commissioner Langellotti asked if the Commission wanted to talk about the maintenance of Tuscawilla and the committee Mr. Lein had proposed. Discussion followed. Attorney Kruppenbacher said we should have an answer back from the Attorney General in seven or eight weeks. Commission Seat IV - Terri Donnelly: Commissioner Donnelly said she has been in touch with the Florida League of Cities and she hopes by the next meeting to have some ordinances from other municipalities regarding term limits and putting bond issues on a referendum and dealing with the hiring and firing of the City Manager. Mayor's Office: Motion was made by Commissioner Kaehler to reappoint Dave Hopkins to the Planning & Zoning Board and appoint Wendy Austin to the Board of Adjustment. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioenr Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Attorney Kruppenbacher reported on the Justice Mullins case which was appealed to the 5th District Court of Appeals, and they have entered a statement ending the case. Meeting was adjourned 9:15 p.m. Respectfully submitted, . Approved: :JilKkb~ ~r:~ Mary T. Norton, City Clerk