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MINUTES
PLANNING AND ZONING BOARDILP A
FEBRUARY 4, 1998 - REGULAR MEETING
I. Call To Order
Pledl!e Of Allel!iance
The Planning and Zoning BoardlLPA meeting was called to order Wednesday, February 4,
1998 at 7:03 p.m. by Chairman Bill Fernandez in the Municipal Building (City Hall, 1126
East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed.
RollCall
Bill Fernandez, Chairman, present
Tom Brown, Vice Chairman, present
Gene Lein, present
Carl Stephens, present
Rosanne Karr, present
Also Present
Charles C. Carrington, AICP, Community Development Director
Don LeBlanc, Land Development Coordinator
Approval Of The January 21.1998 Planninl! & Zoninl! BoardlLPA
Rel!ular Meetinl! Minutes
Motion by Tom Brown. Seconded by Gene Lein. It was agreed that the motion to
adopt the minutes of January 21, 1998 was carried by consensus of the Board.
n. Rel!ular Al!enda
A. WickIow Estates - Preliminary EngineeringIFinal Subdivision Plan
Don LeBlanc, Land Development Coordinator first spoke on this issue and briefly
mentioned that this proposed 48 lot subdivision is located to the west of Howell Creek,
and northeast of the W oodstream subdivision. He said that "Staff has reviewed these
plans and found them to be in total compliance...a...with a couple of things that...to
be...addressed at final engineering - one of them is to depict the mean high water level for
Howell Creek...because...building setbacks for this are to be a minimum of 50 feet...and
many.. .minimum finish floor elevations must be at least eighteen inches above the 100 year
flood elevation". Mr. LeBlanc further added that "The developer should make an attempt
to combine the existing Woodstream Homeowners Association with the proposed
Wicklow Estates Homeowners Association".
Chairman Bill Fernandez asked the Board to declare any ex-parte communications, ifthere
were any. None were noted. Mr. LeBlanc did add that he "Notified the developer
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on...with the...Florida County Clubs settlement agreemenl...the second amendment stated
that...that there was property, approximately 100 feet wide...and...Iying adjacent to the
second through the fourth holes of the club...of the property commonly known as
Woodstream shall be part oLWoodstream, Unit Two, the development shall be
considered development property". He further said that he "Brought this up to the
attention of the...developer and his representatives, in...ensure that if indeed, this is
truthful, that it is part of the...Mikes ownership that we...we can't lock...landlock it, but
they will address il...and...and has nothing to do with the validity of the engineering or...or
of the engineering plans. But, it was just something that I thought about yesterday, and
notified them today".
Mr. Steve Samaha, (3200 Vonn Avenue, Tampa, Florida) showed a colored rendering of
the property, and briefly explained what they are proposing. He elaborated that this will
be a large lot subdivision - with each lot approximately 100 feet wide, with a minimum
depth of 140 feet, a retention pond, and that they do plan to improve the drainage
problems in this area. He said that he has met with Mr. Doug Clark, President of the
Woodstream Homeowners Association over the last few months, and they have been
discussing a number of issues that are of concern to the Woodstream homeowners. Mr.
Samaha further explained that they plan for this to be a gated community, with prices
ranging from about $300,000 to the high $400,000's. Regarding the matter of the gate,
Mr. Samaha said the Wood stream development does not really care if there is or is not a
gate - however, "If we do have one, they'd like to have it here on Richard Road, where it
would serve their development, as well as ours. And, we have taken that under
advisement and thought a lot about it. We don't have a final answer to that...to that
tonight, I don't think for you. But what we would...ask tonight, if it's proper...within...I
don't know if it's within the realm of your code or not...or if it becomes important. But
what we're asking for... to the extent we need to, is that we have the right to put the gate
as shown on the plans, or on Richard Road, in the event...it's determined that that's the
best location for it".
Chairman Fernandez asked about the ownership of the roads for the purpose of the gate.
Mr. Samaha briefly explained the new ownership and he said that all of the roads in this
subdivision would be private.
Mr. Lein asked about specific property lines, wetland lines, conservation easements, the
closeness oflots to the creek, and the holding pond.
Mr. Samaha explained that this project was very similar to that of the Reserve in terms of
the quality of homes, and the price ranges of such homes.
Mr. LeBlanc told the Board that Mr. Samaha could switch the location of the gate during
final engineering.
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Vice-Chairman Brown asked about the location of utility lines. The engineer (for the
developer), Bill Stuber showed Vice-Chairman Brown, and then Mr. LeBlanc, where
three-quarters of the utility line will be relocated: through lots 23 and 24 into the cul-de-
sac, then it will run down to the center of street "D", and then into the left of the lower
cul-de-sac. The twenty foot easement will be abandoned.
Board Member Carl Stephens asked about the proposed wall? Mr. Stuber addressed this
and described it to be an aesthetically landscaped design, done in two-foot drop
increments.
There was further discussion about the location of the gate, CCR's, and what enforcement
rights the City will have. (Mr. Samaha mentioned that the covenants were modeled after
those of the Reserve).
Chairman Fernandez said "I did find what I was referencing for the minutes - it is Article
Roman Numeral...XVIII...dealing with enforcement on page 62, Section 18.1, Parties
Entitled To Enforce - subject to the provisions...so forth and so on...as change amended
shall be enforceable by the developer, the association, or any owner who's membership
privileges in the association have not been suspended, additionally...this is the
language...additionally to the extent that particular rights or interests are expressly
conferred upon or granted to the city pursuant to this declaration. The particular terms or
provisions of this declaration conferring or granting such rights or interests to the City,
shall also be enforceable by the City. Therefore, I wanted to know where in here does it
expressly confer upon or grant to the City certain rights". Mr. LeBlanc responded by
saying that "The City has the right to enforce these covenants". Chairman Fernandez then
stated, "What I want to see the City be able to do is what our codes require.,.to...to...we'd
be able to enforce anything that is...code related. This thing seems too restricted, to the
extent that particular rights or interests are expressly conferred. That ought to be
reworded". Mr. LeBlanc said that he would look into it.
Vice-Chairman Brown was concerned with the complexity of CCR's in the ways that they
are written. He would really like to see these CCR's re-written so that lay people can
understand them easier. Mr. LeBlanc stated that he looks at all covenants. Discussion.
Chairman Fernandez introduced a public input session:
Doug Clark, 1004 Nancy Circle: the President of the Woodstream Homeowners
Association spoke on several issues - their association was basically pleased with the
proposed new project, but would like several problems with the "old" project
(Wood stream) cleared up. The problems that need to be addressed in the Woodstream
subdivision are: fix the drainage problem; re-pave Nancy Circle and Kim Court; if there is
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a security gate, they would like it on Richard Road; financial review and assurance (of the
developer) so that this project goes through and there are no problems; and if there is to
be only one name for both the new phase (Wicklow Estates) and the already built phase
(Woodstream), that that would be acceptable with the Wood stream Homeowners
Association.
There was further discussion about the ownership and maintenance of the roads and drains
in W oodstream; the location of the entrance, and the proposed gate.
John Gendall, 904 Kim Court: spoke on the engineering of the area; roads and streets
meeting City standards - and these differences as they apply to Woodstream and Wicklow
Estates; access to lots on Kim Court; and the maintenance of the roads in Woodstream.
(Vice-Chairman Brown asked for clarification on the status of the roads. Mr. LeBlanc
explained that the roads will be private roads, built to City standards).
Tom O'Connell, 1718 Seneca Boulevard: spoke about property values, size.of lots, and
the discussions between Mr. Steve Samaha and Mr. Doug Clark.
Roger Owen, 1024 Nancy Circle: addressed the previous developers of Wood stream and
such "partnerships"; problems in Woodstream that have not yet been corrected such as
stonnwater problems, road problems, and retention water changes. He asked that the new
developer (who he thought will own all of the roads) - to also fix the problems that still
exist in W oodstream; and he asked that this be in writing to the City from the developer.
There was discussion about the maintenance of roads and gates in Woodstream and other
subdivisions within the City. Mr. Lein asked if the Developer had addressed. the problem
of stonnwater being removed from Woodstream, and was told that it. was being
addressed.
Russ Bredholt, 1027 Nancy Circle: asked about the timeline for the remaining steps that
need to be done, prior to construction commencing.
Mr. Samaha elaborated on the ownership of the roads - that he will only own Richard
Road, but would possibly be in a position to helped the Woodstream Homeowners
Association obtain the title to the other roads in W oodstream, and he pledged to do that.
Vice-Chainnan Brown and Mr. Lein commented on the water from the neighboring golf
course and the drainage ditches. The developer responded that as they approach final
planning, they would propose rear lot inlets to address this problem. Chainnan Fernandez
asked if Staff was concerned with this situation? Mr. LeBlanc said that Mark Jenkins, the
City's Engineer had signed off on this, and that his expertise, was in fact, in stonnwater
management.
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Motion: "I'd like to make a motion that we pass the preliminary subdivision plan
for Wicklow Estates on to the Commission, contingent on the comments listed in the
stalT report of January 22, 1998, and based on the findings as indicated by stalT on
page 5 at the bottom".
Motion by Karr. Seconded by Brown. Vote: Stephens: aye; Lein: aye; Karr:
aye; Fernandez: aye; Brown: aye. Motion passed.
Chairman Fernandez called a recess. The meeting reconvened at 8:50 p.m.
B. Hess Station - Final Engineering
Mr. LeBlanc explained to the Board that this item was a little different, as it deals with a
Developer's Agreement.
Attorney Michael Jones stated that he felt very comfortable with this proposed project,
and said that this was a vested piece of property, and is thus subject to the Tuscawilla
Agreement, and that this application was filed prior to the City's Vision Ordinance. He
further elaborated about discussions with the City Manager, and how Mr. McLemore was
impressed with a subdivision called Martin Downs, and that photographs from that
subdivision were given to the developer. Mr. Jones then said that the developer willingly
had adopted the City's suggested signage.
The first presentation was of a site plan for a "subdivision", with the signage which had
been agreed to by both the developer and the City. The second concept presented was
how the Hess site was to be developed.
Ray Malave of Bower-Singleton & Associates, Inc. explained that they had developed a
concept based on Martin Downs that provided both a handsome and aesthetically pleasing
corridor of landscaping and sidewalks, and which also allowed the signage to blend in with
the development. He added that one of their senior planners had previously been involved
with the Martin Downs project in Martin County, Florida, and was here tonight. Mr.
Malave then showed a site plan and spoke on the service entrance.
Dave Perry, a Registered Landscape Architect with Bower-Singleton & Associates, Inc.
Elaborate on some of his credentials, and stated that he was one of the principal designers
for the Martin Downs project. Mr. Perry further explained that he is experienced in Master
Landscaping and Master Sign Designs. He elaborated on how they took the design
guidelines to a higher leve~ as one of the first new projects along this corridor. Mr. Perry
showed the various proposed signs to the Board, and explained the various dimensions.
He stated that it was more like a "foundation" sign as opposed to a "pole" sign and that
the landscaping will be of a "multi-layered" design, providing a year-long canopy. He
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then spoke of meandering sidewalks, but said that this might be slightly modified at a later
date.
Chairman Fernandez asked about the Vistawilla entrance. There was brief discussion.
Mr. LeBlanc stated that what was being reviewed, would become part of the Developer's
Agreement.
Reed Cook, representing Amerada Hess spoke of this proposed project. He showed the
Board the proposed location for this project on an aerial map. Next, he showed a color
rendering of the proposed Hess Station, which is to be a 4,950 square foot building, with a
car wash, a canopy with eight (8) service islands, and space for a Godfather's Pizza, a
TCBY, and a Blimpie's Sandwich shop. He mentioned that a similar Hess location was
located in Casselberry, at the corner of Shamrock and State Road 436, and that many of
the same materials at that site, would also be used at the proposed Vistawilla location,
such as the standing seam metal roof and the blockwork. He showed the Board more
renderings of what was being planned, including the landscaping and elaborated on the
proposal. Mr. Cook explained that "The thing that we try to do is show that we're going
to have a clean operation... you go to any of the stores, and they're clean. They're also well
presented, they have a lot of lighting in it, and people come in there to feel safe - and that's
something we intend to do on this facility too". He suggested that the Board visit the
Casselberry operation to see a similar presentation of what was planned for the VistawiIla
site.
Mr. Lein asked whether it was to be a 24-hour operation? Mr. Cook replied that it would
be. Mr. Cook then showed a design board with the actual materials and colors to be used.
There was discussion about entranceslbreak-aways to this proposed project, the possibility
of future road widening of State Road 434, how far the property extended, the
classification of neighboring property, and service access for fuel tankers.
Chairman Fernandez introduced a public input session:
Tom O'Connell, 1718 Seneca Boulevard: representing the Tuscawilla Homeowners
Association handed out a copy of the "Tuscawilla Beautification Project" document to all
Board Members. He commented on only being able to see the backs of the design boards.
He also questioned the potential noise for the nearby residents from a 24-hour car wash,
and possible truck traffic (through Tuscawilla). Mr. O'Connell also spoke about the
conflict of signage at the Vistawilla and State Road 434 entrance, and according to the
document that he handed out, Mr. O'Connell said that it should also be identified as a
Tuscawilla entrance.
. .
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There was further discussion about signage criteria, and Mr. LeBlanc stated that it will be
addressed in the Developer's Agreement.
Motion: "I'd like to make a motion that we recommend to the City Commission for
approval...from the Planning & Zoning Board favorably...contingent on the
comments listed in Land Development Coordinator's memo dated January 30, in
the first part... for Planning & Zoning approval".
Motion by Brown. Seconded by Stephens. Vote: Brown: aye; Stephens: aye;
Lein: aye; Karr: aye; Fernandez: aye.
Chairman Fernandez continued "We've been requested to allow...this to be
presented to the City Commission - our recommendations on both the Wicklow...as
well as the Hess, to the City Commission without the formal approval of our minutes
at the February 18th meeting, and the Master Plan". By consensus of the Board,
this motion was approved.
The next topic for discussion was the site plan of the Hess Station. Mr. LeBlanc explained
several items that are a deviation from Code or the Design Standards, including signage
dimensions. There was discussion on the proposed project lighting at this site, including
the green backlit accent band.
Motion: "A motion...to include the specific site plan with the contingencies of the
January 30, 1998 and...as well as...the...February 4, 1998 editions...to be
incorporated hopefully into a Developer's Agreement".
Motion by Brown. Seconded by Stephens. Discussion. Vote: 'Lein: aye;
Fernandez: aye; Karr: aye; Stephens: aye; Brown: aye. Motion passed.
Chairman Fernandez stated that "We already did this by consensus, that this
matter can be presented to the City Commission, prior to our formal approval of
our minutes".
Mr. Carrington suggested to the Board, that due to the Town Planning Consultants visit
to the City later this month, the Board may want to cancel the next meeting, especially if
there is nothing pressing on the agenda. He offered to advise them if a meeting was
indeed necessary. The Board agreed to this.
Ill. FUTURE AGENDA ITEMS
February 18. 1998 Meeting or March 4. 1998 Meeting
~ . ~.,
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A. UpdatelReview on the Evaluation and Appraisal Report (EAR) of the City's
Comprehensive Plan.
Note: At a previous meeting, Vice Chairman Brown had asked if they could specifically
review pages 32 - 38, as this pertains to the City's parks, and if a member of Staff could
advise the Board on these matters. (It had also been suggested that perhaps Brook Seal!,
Kip Lockcuff or Alan Hill may be able to assist the Board with this matter).
IV. ADJOURNMENT
Chairman Fernandez adjourned the meeting at 9:55 p.m. with consensus of the Board.
Minutes respectfully submitted by: Andrea Lorenzo-LuQces, Deputy City Clerk
City of Winter Springs, Florida
BOARDS/plaruunglfy97/nunutesl020498.doc