HomeMy WebLinkAbout2008 10 07 Consent 200 Approval of the August 21, 2008 Special Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY b.~'~''!~
SPECIAL MEETING 'H+'~
AUGUST 21, 2008 ~""~
CALL TO ORDER ~
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The Planning and Zoning Boazd/Local Planning Agency Special Meeting of Thursday,
August 21, 2008 was called to Order at 6:02 p.m. by Chairman Robert L. Heatwole in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairman Robert L. Heatwole, present
Vice Chairman Charles Lacey, present
Boazd Member Rosanne Karr, present
Boazd Member Edward Martinez, present
Boazd Member William H. Poe, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Community Development Department -Planning Division
Wishes To Provide The Local Planning Agency With A Status Report On The
Evaluation And Appraisal Report (EAR) And With The City's Compliance With
Other Statutory Mandates.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
presented this Agenda Item and updated the Boazd Members on the status of the Report.
Mr. Stevenson stated, "We are working on our EAR [Evaluation and Appraisal Report]
based Amendments and the Capital Improvement Elements. We aze working to get that
updated and submitted to DCA [Department of Community Affairs] by the December 1~`
[2008] deadline."
"MOTION TO APPROVE TI3E INFORMATIONAL AGENDA." MOTION BY
BOARD MEMBER MARTINEZ. SECONDED BY BOARD MEMBER POE.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINU'PES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 2 OF 10
VOTE:
BOARD MEMBER KARR: AYE
VICE CHAIRMAN LACEY: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER MARTINEZ: AYE ~
BOARD MEMBER POE: AYE
MOTION CARRIED. ~
CONSENT AGENDA
CONSENT
200. Not Used.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
No Reports.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department -Planning Division
Requests The Planning And Zoning Board Revlew The~caw'li Ia anne
Unit Development) Master Plan Modification.
Mr. John Baker, AICP, Senior Planner, Community Development Department introduced
this Agenda Item and added, "We [Staff) recommend approval."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 3 OF 10
Board Member Rosanne Karr asked, "It says in the Agenda Item that this is a Third
Amended Settlement Agreement between `Winter Springs Country Club and the City [of ~,
Winter Springs]'. Is it supposed to be `Winter Springs Country Club' or `Tuscawilla ~
Country Club'?" Mr. Stevenson replied, "It is now known as Tuscawilla Country Club -
if I am not mistaken."
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Mr. Baker responded, "It is just a Scrivener's error. I do not think that is going to make a ~
difference." Mr. Stevenson added, "It's probably a Scrivener's error on our part of the
Agenda. We will make sure it is resolved." Mr. Baker noted, "I will check that out and it
will be correct when it goes forward to the Commission."
Chairman Heatwole opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Heatwole closed the "Public Input"portion of this Agenda Item.
~~MOTION TO APPROVE." MOTION BY BOARD MEMBER MARTINEZ.
SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: AYE
VICE CHAIRMAN LACEY: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
PUBLIC IiEAR.ING5
501. Community Development Department -Planning Division
Requests The Planning And Zoning Board Review The Tuscawilla Greens
Combined Preliminary And Final Development Plan, And Preliminary And Final
Engineering/Site Plan For A 60 Unit Condominium Development On
Approximately 12.02 Acres, Located On The South Side Of Winter Springs
Boulevard, Adjacent To Howell Branch, And Immediately Adjacent To The
Tuscawilla Golf And Country Club.
Mr. Stevenson briefly addressed the Board Members on this Agenda Item.
Continuing, Mr. Baker presented this Agenda Item and displayed photographs of the
project area.
Mr. Brian Fields, P.E., City Engineer, Public Works Department: spoke about traffic,
stormwater, parking; and sidewalks related to this project.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANMNG AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 4 OF 10
Mr. Baker reviewed the `CODE DEVIATIONS' on page 10 of the Agenda Item with the ~
Boazd Members.
Mr. Ted Schwartzhoff, P.E., Dave Schmitt Engineering, Inc., 13013 Founders Square -~
Drive, Orlando, Florida: addressed the Board Members and stated, "The way that we
designed the Site is - we kept everything out of the floodway as Staff has already ~
mentioned -additionally, we used really the only area of the Site that we can. We can
not use the other side of the creek; it won't work. There is a lot of history as to why we
used that with previous Settlement Agreements.
Additionally, as Brian [Fields] said all the buildings are elevated. There is nothing that is
within -that could be impacted by the creek -waters. There is also a retaining wall that
keeps everything that we aze developing above all the creek stages. We have done a lot
of modeling of the creek and of our pond and the -storage area and everything shows
that we are keeping above that. So, the kind of misunderstanding with the difference in
the distance from the center line, when we started out, we were using a St. John's [River
Water Management District] Criteria of fifty feet (50') from the creek center line and in
all cases, we are more than that.
The first time when he [John Baker] mentioned the `Mean high water', we looked at it
from the standpoint of the main channel of the creek and that is where the numbers that
are in our response come from so that we are at least sixty feet (60') from the general top
bank of the creek."
Tape 1/Side B
Continuing, Mr. Schwartzhoff added, "From that `Mean high water elevation' that was
where we differed from what Brian [Fields] was looking for and Staff. We were focusing
on the main channel itself, the floodway area -based on our elevation and our grating;
we can demonstrate that we are above the `Mean high water elevation'."
Discussion.
Vice Chairman Charles Lacey asked, "Where does St. Johns [River] Water Management
[District] come in, in terms of approving this? Is this really an issue we should defer to
them?" Mr. Fields responded, "T'his is a City Code requirement. They are not reviewing;
they review for a lot of things, not this particular Code aspect, so I would recommend not
deferring this to St. Johns [River Water Management District]."
Further discussion ensued on sidewalks.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 5 OF 10
Mr. Dave Schmitt, P.E., President, Dave Schmitt Engineering, Inc., 13013 Founders
Square Drive, Orlando, Florida: spoke to the Boazd Members and stated, "We are going
to get a FEMA [Federal Emergency Management Agency] LOMR which is a Letter Of
Map Revision based on fill because any building encroachment that encroaches into that
flood plain which is just a few corner clips of that flood plain, we will get. There is a
retaining wall -back behind that entire azea along the wetlands; one (1) for - if you
would call a secondazy impact for St. Johns [River Water Management District), they
wanted that to keep people out from the wetland as well as it elevates us well above the
hundred year flood plain."
Furthermore, Mr. Schmitt added, "The second thing I need to mention was and Staff s
worked diligent with us over the last yeaz in getting us to this point, but we have gone
through several iterations, four (4) different iterations with St. Johns [River Water
Management District] to prove immunization and avoidance including one of the reasons
why we have a forty foot (40'} right-of--way with no sidewalk now, because we kept
showing fifty foot (50') -and they kept coming back saying `They the City and others
allow and permit forty foot (40') right-of-ways', so you can move it and you can shrink
that and you can get rid of the sidewalks and you can minimize that further, that is why
that line of where our wall is, kept moving further and further west and further and
further north to minimize the -impact to the wetlands.
The last point - as Brian [Fields] and Ted [SchwartzhoffJ mentioned, we are collecting a
lot of water from Winter Springs Boulevazd and also as Brian [Fields] mentioned, we are
providing well above the minimum required -storage for this creek, because we know the
history of flooding issues in it. So, we have gone above and beyond with our -pond there
as well as our other ponds to provide excess volume to hopefully help, not only be equal
to what it is right now, but improve the situation as it is right now to help with the
flooding problems that occurred in the past through that channel there.
So, I think this project - from an engineering standpoint, is going to better the drainage
system both on Winter Springs Boulevard as well as the creek and the channel, so I think
that is a big improvement."
Discussion ensued on drainage and roadways.
With further discussion, Mr. Schwartzhoff stated, "Regazding the widths of the road, one
of the requirements from Staff, Bob Beck, Fire Marshal, is that we have to provide a
secondary emergency access and this was brought up. Right here in our cul-de-sac, we
are connecting to an existing -path that will be further stabilized and it comes right
around here into the pazking lot of the [Tuscawilla] Country Club. So, if something was
to happen and a fire truck is blocking a lane or if there is a crash somewhere here at our
entrance or anywhere in here, there is still emergency access for residents or other
emergency personnel to go in or out."
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CTI'Y OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 6 OF 10
Mr. Thomas J. Corkery, Congressional Homes Developers and Centerline Homes, 759
Bear Creek Circle, Winter Springs, Florida: addressed the Board Members and stated,
"St. John's [River Water Management District] wants us to minimize wetland impact as
much as we possibly can. So, they preferred us to make the right-of--way forty feet (40')
wide with no sidewalks, save the green, less cement which means more street trees. I
have a six hundred thousand dollar ($600,000.00) landscape plan for this project."
Furthermore, Mr. Corkery added, "I have a string of people that want to buy these units.
These are really based upon people that are already living in Winter Springs that have
their big homes wherever they maybe." Mr. Corkery explained, "You have one (1) floor
units, one (1) on the first floor, one (1) on the second floor with an elevator if that owner
needs it or may need it in the future - I designed a beautiful plan here."
Photographs of the proposed units were shown.
Mr. Corkery stated, "The driveways are wide; where my garages -are twenty-one feet
(21'), twenty two feet (22') wide. They are oversized gazages. So, you can fit two (2)
cazs in very, very simply." Mr. Corkery added, "Our driveways are long enough, wide
enough to fit two (2) cazs, some of them four (4) cazs -driveways by themselves. Some,
I have one (1) or two (2) that aze a little shorter than that. They can fit two (2) cars in
there. It is tight, but without sidewalks, it is very comfortable."
Refemng to the photographs, Mr. Corkery remazked, "These are carnage doors, these
garage doors -they aze very expensive. And what I want to do is build this beautiful
project here, small for this location for our Community." Mr. Corkery pointed out, "It is
a beautiful, beautiful project front and rear, huge patios in the back with -screens -nice
open air kitchen azeas, nice place for a retired couple or a young professional with one (1)
or two (2) children - it is two (2) or three (3) bedrooms, their choice of what unit they
want there.
From 1550 squaze feet - to 2100 [square feet] -unit. Depending on the lifest~le of what
they want. Some units are right on the golf course, pond or the tenth (10) Fairway.
Some aze overlooking the tennis courts, some are looking over the wetlands that I am
preserving here, and some are overlooking Winter Springs Boulevard."
Referring to the "Landscape Plan", Mr. Corkery stated, "This is a view from Winter
Springs Boulevard to the back of the units -this is part of the landscaping plan with the
existing canopy trees -but the back of the units aze also very nice. One of the things here
you can not see right now, this is all hedge behind this fence that I have here. This hedge
could grow to be twenty (20') to thirty feet (30') high. It all depends on how the
Condo[minium] Association wants them. So, they are all cement the roofs. It is
absolutely a beautiful plan that I have here for our community. I am very proud of this. I
am proud of not building sidewalks."
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CITY OF WINTER SPRINGS, FLORIDA
MIIJUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 7 OF 10
Continuing, Mr. Corkery explained, "Let the tennis people know, I am taking out two (2)
tennis courts, but replacing them with four (4)." Mr. Corkery added, "So, now we are
ready to go forward, hopefully with your blessing and City Council [Commission] in
another couple of weeks. We have started calling these people, to make sure we still
have the current addresses, are they still interested in receiving abrochure -called fifteen
(15) of them -and all fifteen (15) are buying units. Every single one of them is buying a
unit. One (1) of them is buying a unit for investment. The average length of time a unit
is for sale in our city is four (4) months.
My first units are not going to be ready probably until March/April [2009) is what we are
looking at here. So, they will have a nine (9) month period to sell their homes to bring a
new family into our community or someone to upgrade into their home and then for them
not to move out of our community because they love being here just like I do and I think
you do too or love being members of the [Tuscawilla Country] Club and all the assets we
have as a City here; the low crime, great school system. It makes it more of a family here
and that is what I have here. I had to stop after calling fifteen (15) people because I do
not know how many units I could build at a time. There are four (4) units in each
building, so I need to be very careful myself with that which we are doing a lot of due
diligence research on that right now."
Referring to the Landscape Plan, Mr. Corkery commented, "Winter Springs Boulevard -
existing canopy trees, all this landscaping, I am putting in here. Somebody asked where
the sidewalk is. The sidewalk is behind the canopy trees right up against the fence here.
And we are going to move it around a little bit to make sure we are going to save those
canopy trees out there. This is where the hedge is located at with some landscaping in the
back of these units here."
Mr. Corkery pointed out, "So, what is this? That is a `Street Tree'. What is this? These
are canopy oak trees. What is this? This is a Jewel Palm Tree -What is that? That is a
Palm Tree. We got all this landscaping in the front of them. I got privacy walls right
here. It is all landscaping on both sides of these.
This is a beautiful streetscape. I mean it is absolutely gorgeous. And once I am done - in
about three (3) years to mature, Winter Springs Boulevard and here is going to be second
to none in the Tuscawilla Community of 8,000 residences."
Furthermore, Mr. Corkery stated, "I am extremely proud of this project. I have pavers on
these beautiful courtyards, on the driveways on part of the road networks, on the cul-de-
sacs. I have a fountain coming in -hand dug from this quarry in Mexico by a Landscape
Architect."
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOA1tD/LOCAL PLANNING AGENCY
SPECIAL, MEETING -AUGUST 21, 2008
PAGE 8 OF 10
For the Record, Mr. Corkery noted, "These wetlands are the lowest functional wetlands
known to St. Johns [River) Water Management District." Mr. Corkery added, "So, if we
are going to mitigate any wetlands, this is where you do it. These are the wetlands you
do this with. Now, not only am I taking water off Winter Springs Boulevard, but I am
also taking phosphorous off of Winter Springs Boulevard. Now is that in [City] Code.
No, not really."
Mr. Corkery added, "When I first brought this project forward, one of the things I told
City Staff, I told City Commissioners, not sure if I told you, but I am making that
floodway of that creek better not worse. If I make it worse, I am not building it. So, we
have designed this to make that floodway even better. Now, they really do not have a lot
of problems with this floodway. It really doesn't flood - it is very functional, but now it
is even going to be more functional."
Board Member Karr asked, "What construction are they going to be -concrete block?"
Mr. Corkery replied, "Exactly - I have a hundred and sixty mile an hour roofing clips on
our concrete the roofs, all block construction all the way through. I have -concrete
floors between the units, so it is soundproof construction wise, it does not get better than
how we are constructing these units. I could be cheap and do second floor frame. It is
not my style and it is not what I do."
Lastly, Mr. Corkery pointed out, "Back to sidewalks again.because Mr. Baker brought it
up six (6), seven (7), eight (8), nine (9) times. I am going to bring it up for a third time.
One on the wetlands issue with St. John's [River Water Management District] to safety.
One of the things I did look up is the tennis courts, Bear Creek Estates, the [Wedgewood]
Golf Villas that do not have any sidewalks, forty foot (40') right-of--ways. There have not
been any pedestrian accidents there at all. Now, the [Wedgewood] Tennis Villas have
very small driveways, I mean, some of them are like ten feet (10') long, eight feet (8')
long and, of course, it was like 1980 when it was planned there. But, we don't have any
problems. I mean you have a private enclave.
You have a private gated community with walking trails as far as people want access to
the tennis courts of the sidewalks going up to there and of course, a car path sidewalk,
emergency vehicle at the cul-de-sac at the end of the road. These sixty (60) units -
people want to walk, they are going to walk on the road like we do in many, many, many
communities and I am sure they are going to be very safe as they are in many, many,
many, many -communities that we have here in our Tuscawilla Community."
Discussion.
Chairman Heatwole opened the "Public Input" portion of this Agenda Item.
No one spoke.
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Chairman Heatwole closed the "Public Input"portion of this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 9 OF 10
"I WOULD LIKE TO MOVE APPROVAL OF THE COMBINED
PRELIMINARY AND FINAL PART `A' PUD (PLANNED UNIT
DEVELOPMENT) PLANS FOR [AGENDA] ITEM `501'." MOTION BY VICE
CHAIRMAN LACEY. SECONDED BY BOARD MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER MARTINEZ: NAY
VICE CHAIRMAN LACEY: AYE
BOARD MEMBER POE: AYE
CHAIRMAN HEATWOLE: AYE
MOTION CARRIED.
"I WOULD LIKE TO MOVE FOR APPROVAL FOR THE COMBINED
PRELIMINARY AND FINAL ENGINEERING SITE PLAN UNDER [AGENDA]
ITEM `501'." MOTION BY VICE CHAIRMAN LACEY. SECONDED BY
BOARD MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMBER MARTINEZ: NAY
BOARD MEMBER POE: AYE
VICE CHAIRMAN LACEY: AYE
CHAIRMAN HEATWOLE: AYE
BOARD MEMBER KARR AYE
MOTION CARRIED.
Discussion ensued on City Codes.
REGULAR AGENDA
REGULAR
600. Not Used.
e
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In other City business, Deputy City Clerk Joan Brown reminded the Board Members of
the upcoming Board/Committee Appreciation Brunch.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING -AUGUST 21, 2008
PAGE 10 OF 10
ADJOURNMENT
Chairman Heatwole adjourned the Special Meeting at 7:30 p.m. ~~
RESPECTFULLY SUBMITTED:
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JOAN L. BROWN ~~~'
DEPUTY CITY CLERK
APPROVED:
ROBERT L. HEATWOLE, CHA1JEtMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were approved at the October 7, 2008 Regular Planning And Zoning Board/Local Planning Agency Meeting.