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HomeMy WebLinkAbout2006 07 05 Consent Item 400 Approval of the June 7, 2006 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 7, 2006 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, June 7, 2006 was called to order at 7:03 p.m. by Chairperson Rosanne Karr in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Rosanne Karr, present Vice Chairperson Linda Tillis, present Board Member Tom Brown, present Board Member William H. Poe, present Board Member Ned V oska, present City Attorney Anthony A. Garganese, present After a moment of silence, Chairperson Karr led the Pledge of Allegiance. Under Agenda Changes, Chairperson Karr remarked, "There was a request to move Item Number '204' to the beginning of the Agenda." PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. None None. ;;;;a :--= IlL -... ~ I:L.I ~ r---: CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 2 OF II .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 204. Community Development Department - Planning Division ADD-ON Requests The Planning And Zoning Board/Local Planning Agency Hold A Second Public Hearing Related To Ordinance 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CP A-06-01 Which Changes The Future Land Use Map Designation From "Industrial" To "Medium Density Residential" For Seven (7) Parcels Containing 47.27 Acres, More Or Less, Less Areas 1 And 2, Located Between Shepard Road And Florida Avenue And To Give Consideration To The Objections, Recommendations And Comments (ORC) From The State Department Of Community Affairs And The Applicants Response. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department spoke on this Agenda Item and stated, "Staff does recommend that you hold a second Public Hearing and also accept the ORC (Objections, Recommendations and Comment Report) Report from the State along with the modification to the Comprehensive Plan Amendment submitted as Applicant's response in order to bring the Amendments in compliance with Rule 9J-5 Florida Administrative Code in Chapter 163 Part II Florida Statutes. Based on these findings and actions, [Staff] recommends approval of the Planned Amendment to the City Commission - as part of the Applicant's dedication to making sure that their proposed development would be compatible with the surrounding uses and other concerns, they have memorialized that language in the Development Agreement that will also be going forward to the Commission and that Development Agreement specifically relates to the provision of open space, the provision of funding for schools, and the buffer area being implemented along the west boundary." Lastly, Ms. Sahlstrom said, "We do have a Comprehensive Plan Citizen Courtesy Information List - it is available for you in the Lobby to sign if you want to be included from the State as to - if they were to publish a Notice ofIntent, you would be notified." Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: spoke on behalf of the Keewin Real Property Company and presented a PowerPoint presentation. Ms. Furman said, "The first recommendation is to include data analysis to include sewer capacity." Ms. Furman added, "So, that is what we included in the aRC (Objections, Recommendations and Comments Report) response to the State." ,...., r-, ::::=- -= ~ -==: Q.... r" I -=E: :.---. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 3 OF I I Furthermore, Ms. Furman said, "They asked us to revise the transmittal to include data analysis regarding recreation and open space. The Applicant has proposed in our Developer's Agreement and the City Attorney has reviewed comments that we are 'Okay' - to provide an on-site neighborhood park. The first draft of this Developer's Agreement is in your package. So, we would include an on-site neighborhood park and we also worked with the City's Recreation Department, and they determined that the City has sufficient community parks - it was mentioned by the Park's Department that the Impact Fees that these units will have to pay for recreational facilities will go to the build-out of that land that was added. As mentioned before when we came before you, we have agreed to make a mitigation payment to the school system of one thousand two hundred and thirty five dollars ($1,235.00) per unit that is on top of our Impact Fees. This is also included in the Developer's Agreement and the School Board is satisfied that the capacity either is in some of the schools, or will be available and that this payment will cover additional Capital costs for the student station. The next is requesting analysis regarding the need for Medium Density Residential. We went through the Comprehensive Plan and your Comprehensive Plan says that you need 5,579 new housing units by 2010. It also indicates that future growth will demand 4,474 residential acres - with the adoption of Ordinance 2006-02 which is where the City Commission decided not to annex any property to the east of - Deleon [Street]. We have also proposed as far as compatibility - a binding Developer's Agreement to provide, and it specifically states in the Developer's Agreement - a six foot (6') high wall on top of a five foot (5') high berm with trees, shrubs, and irrigation and that would be on our western boundary where the Commercial and the Industrial properties are. We want to be good neighbors. But, we also want our residents to enjoy where they are living. In our 'Covenants, Conditions and Restrictions' for this project, we would include a Notice indicating that the properties to the west have an 'Industrial' designation." Discussion. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke as a resident and noted she was opposed to the Large Scale Comprehensive Plan Amendment. Then Ms. Schwarz spoke on behalf of the Highlands Homeowner's Association and noted their objection to the Large Scale Comprehensive Plan Amendment. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: as President of the Wildwood Homeowner's Association, Ms. Gennell commented that their subdivision is immediately adjacent to the proposed project and that they remain supportive of the project. Chairperson Karr closed the "Public Input" portion of the Agenda Item. ,...., r:-, ::-- -- .. ~ e:::a-. ,..,. . ~ ~ ; . :10 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 4 OF 11 "I MAKE A MOTION THAT THE PLANNING AND ZONING BOARD ACCEPTS ITEM '204' CHANGES OVER FROM THE 'INDUSTRIAL' TO 'MEDIUM DENSITY RESIDENTIAL' AND ADVISE THE COMMISSION FOR THE PROJECT AS NEEDED FOR THE CITY." MOTION BY BOARD MEMBER VOSKA. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VICE CHAIRPERSON LINDA TILLIS SAID, "WE SHOULD ACCEPT DCA'S (DEPARTMENT OF COMMUNITY AFFAIRS) REPORT AS WELL AS THE APPLICANT'S MODIFICATION, BUT I AM STILL NOT CONVINCED THAT THIS IS THE BEST USE OF THIS PARTICULAR PROPERTY - CONSIDER THIS IN TWO (2) SEPARATE PARTS; ADDRESS ACCEPTING THE DCA (DEPARTMENT OF COMMUNITY AFFAIRS) REPORT AND THE MODIFICATION AND THE RESPONSES TO THAT, AND PERHAPS CONSIDER SEP ARA TEL Y RE-RECOMMENDING OR AFFIRMING THE APPROVAL OF THE PLANNED AMENDMENT TO THE CITY COMMISSION." CITY ATTORNEY ANTHONY A. GARGANESE SAID, "YOU WANT TO SAY THAT THEY WERE RESPONSIVE TO DCA'S (DEPARTMENT OF COMMUNITY AFFAIRS) ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT AND THEN HAVE A SEPARATE MOTION AS TO WHETHER OR NOT THIS PROJECT IS ACCEPTABLE FOR THIS PROPERTY?" VICE CHAIRPERSON TILLIS SAID, "THAT IS CORRECT." CHAIRPERSON KARR SAID, "THAT IS A GOOD MOTION." ATTORNEY GARGANESE SAID, "YOU CAN GO AHEAD AND DO THAT. I THINK YOU ARE ALREADY ON THE RECORD - RECOMMENDING DENIAL. AM I CORRECT, ELOISE?" MS. SAHLSTROM SAID, "THAT IS CORRECT." ATTORNEY GARGANESE SAID, "YOU CAN SAY THAT IT IS RESPONSIVE AND NOT CHANGE YOUR PRIOR RECOMMENDATION. YOU CAN DO IT IN TWO (2) PARTS." VOTE: BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: NAY BOARDMEMBERPOE: NAY BOARDMEMBERBROWN: NAY CHAIRPERSON KARR: NAY MOTION DID NOT CARRY. -===- ~ :::=- .......... ~ ~ ~G -. ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 5 OF 11 "I WOULD LIKE TO MOVE THAT WE RECOMMEND ACCEPTING THE STATE'S DCA (DEPARTMENT OF COMMUNITY AFFAIRS) REPORT AS WELL AS THE APPLICANT'S RESPONSE, THEIR MODIFICATION - COMPREHENSIVE PLAN AS ACCEPTABLE." MOTION BY VICE CHAIRPERSON TILLIS. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE CHAIRPERSON KARR: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. "I WOULD LIKE TO MOVE THAT WE RECOMMEND THAT THE COMMISSION DENY THE PLANNED AMENDMENT TO THE FLUM (FUTURE LAND USE MAP) CHANGE ON THIS PARTICULAR PROPERTY." MOTION BY CHAIRPERSON KARR. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: NAY BOARD MEMBER POE: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. Attorney Garganese said, "The Board's Action is that you found that the Applicant was responsive to addressing DCA's (Department Of Community Affairs) concerns in the ORC (Objections, Recommendation and Comments) Report, but you still do not believe it is an appropriate Land Use designation?" Board Member William H. Poe said, "That is correct. " Discussion. Tape l/Side B ,....., r;--, ::::=- i::aci Q...e ~ ~. ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 6 OF II PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom presented this Agenda Item and stated, "It is Staffs recommendation that you hold a Public Hearing and make recommendation to the Commission related to this Ordinance which would be a Small Scale Future Land Use Map (FLUM) Amendment changing the Future Land Use Map (FLUM) designation of two (2) parcels totaling 1.17 acres located on Lake Lucerne Circle from Winter Springs 'Industrial' to City of Winter Springs 'Medium Density Residential'." Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: briefly spoke to the Advisory Board Members. Ms. Sahlstrom read into the Record comments from Mr. Kip Lockcuff, Director, Public W orkslUtility Department. Ms. Sahlstrom added, "It would be Staff s recommendation that the Applicant be on 'Notice' that we do not support townhouses on these two (2) properties." Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: on behalf of the Highland's Homeowner's Association, Ms. Schwarz noted their objection to the Small Scale Comprehensive Plan Amendment for this parcel. Chairperson Karr closed the "Public Input" portion of the Agenda Item. Discussion. Ms. Furman stated, "We would be willing, in the Binding Developer's Agreement, to put something that says, 'There would not be units on this'." Ms. Sahlstrom said, "I think perhaps just at this point in time, to indicate that you are not looking to put units there, might suffice for consideration of this Board." ,....., rr' ;: .... :. ~ r' . -t1 ~~ ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 7 OF 11 "I WOULD LIKE TO MAKE A MOTION TO DISAPPROVE A SMALL SCALE FUTURE LAND USE MAP AMENDMENT (FLUM) WHICH CHANGES THE FUTURE LAND USE DESIGNATION OF TWO (2) PARCELS TOTALING 1.17 ACRES LOCATED ON LAKE LUCERNE CIRCLE FROM WINTER SPRINGS 'INDUSTRIAL' TO 'MEDIUM DENSITY RESIDENTIAL'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. FOR CLARIFICATION, ATTORNEY GARGANESE SAID, "WOULD YOUR OPINION CHANGE IF THERE WAS SOME WAY TO LIMIT THE CONSTRUCTION OF ANY MULTI-FAMILY HOMES ON THIS PROPERTY?" BOARD MEMBER POE SAID, "IT PROBABLY WOULD, BUT MY OTHER CONCERN ALSO IS THE LOSS OF INDUSTRIAL PROPERTY." DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One (1) Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom introduced this Agenda Item and stat,ed, "Staff recommends that the P and Z (Planning and Zoning Board) hold a Public Hearing and make recommendation to the City Commission related to Ordinance 2006-06 a Small Scale Future Land Use Map (FLUM) Amendment which changes the Future Land Use Map (FLUM) Designation of one (1) parcel totaling 1.72 acres, located at 1228 Florida Avenue from (City of) Winter Springs 'Industrial' to (City of) Winter Springs 'Medium Density Residential'." Discussion. ,...... r;~, ;: M g.... ~ ~ I . :. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 8 OF II Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: as a resident, Ms. Schwarz objected to changing the designation of this parcel. On behalf of the Highland's Homeowner's Association, Ms. Schwarz suggested that the Small Scale [Comprehensive] Plan Amendment not be approved." Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: briefly spoke to the Advisory Board Members. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "I RECOMMEND DISAPPROVAL OF THE SMALL SCALE FUTURE LAND USE MAP (FLUM) AMENDMENT WHICH CHANGES THE FUTURE LAND USE MAP DESIGNATION OF ONE (1) PARCEL OF 1.72 ACRES LOCATED AT 1228 FLORIDA A VENUE FROM WINTER SPRINGS 'INDUSTRIAL' TO (CITY OF) WINTER SPRINGS 'MEDIUM DENSITY RESIDENTIAL'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: NAY BOARD MEMBER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-07, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Triangular Pieces Totaling .37 Acres, Located On Shepard Road From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom presented this Agenda Item Ms. Furman stated, "We actually would like to withdraw the Request." s=:a ~ lIlIC .. ~ ,.... . ~': ; '" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7,2006 PAGE90F II PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance Number 2006-09 Which Rezones 2.85 Acres (More Or Less), Located At 1057 U.S. Highway 17-92 North From "C-2 General Commercial" (Winter Springs) To "1-1 Light Industrial" (City Of Winter Springs). Ms. Sahlstrom introduced this Agenda Item. Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke to the Board Members regarding this Agenda Item. Tape 2/Side A Discussion ensued on Rezoning. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION APPROVAL FOR ORDINANCE 2006-09 CHANGING THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT 1057 US [HIGHWAY] 17-92 FROM 'C-2 GENERAL COMMERCIAL' WINTER SPRINGS TO '1-1 LIGHT INDUSTRIAL' CITY OF WINTER SPRINGS." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER POE: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. -===- ~ ;::=- c:::> .::ar::: ~ r'd :z: ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE IOOF II REGULAR AGENDA REGULAR 300.. Community Development Department Discussion On The Comprehensive Plan EAR (Evaluation And Appraisal Report). (Please Review Previously Distributed Handouts And Come Prepared To Discuss). "ON [AGENDA] ITEM 300 - DUE TO THE LATENESS OF THE HOUR WOULD IT BE POSSIBLE THAT I RECOMMEND THAT THAT ITEM BE MOVED TO OUR NEXT A V AILABLE MEETING?" MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER TILLIS. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The May 2, 2006 Regular Meeting Minutes. "MOTION TO APPROVE THE MINUTES - MAY 2, 2006." MOTION BY CHAIRPERSON KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. None None. ,...., r--, t=- ,. ~ ,.....,-; r'" . ,... . G ~ . ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7,2006 PAGE II OF II 600. REPORTS Chairperson Karr stated, "I would like to be updated with the projects that are existing and approved in the Town Center regarding 'Medium' and 'High Density' properties and 'Industrial'." Ms. Sahlstrom said, "Okay." Next, Chairperson Karr asked, "And can we get new statistics on the - School population?" Ms. Sahlstrom said, "Okay." Board Member Tom Brown said, "I would like to thank the City Attorney for coming this evening." Chairperson Karr said, "Thank you." Discussion ensued on the Town Center parking. Board Member Brown said to Ms. Sahlstrom, "As far as the Comp[prehensive] Plan - however, you could bring it back to us - and if you could present it verbally - it is a lot easier for us to understand." Ms. Sahlstrom said, "I would like to invite you to Monday night's [City Commission] Meeting because of the Items that will be on the Agenda that you did address tonight, especially the Large Scale Comp[prehensive] Plan Amendment." Discussion ensued on the Evaluation and Appraisal Report (EAR). ADJOURNMENT Chairperson Karr adjourned the Meeting at approximately 8:50 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: ROSANNE KARR, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the Agency Meeting. , 2006 Regular Planning and Zoning Board/Local Planning ~ ::--= "" =:;::- hS I:L.I ~ ~ ; . ..