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HomeMy WebLinkAbout2001 08 01 Consent Item A ., .0:- CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING JUNE 27, 2001 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Special Meeting was called to order Wednesday, June 27, 2001, at 7:07 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). The Pledge of Allegiance followed. Roll Call Chairperson Rosanne Karr, present Vice Chairman Bill Fernandez, present Board Member Tom Brown, present Board Member Brent Gregory, present Board Member Carl Stephens, Jr., present Also Present Mr. Charles Carrington, AICP; Community Development Department Director Mr. John Baker, AICP, Current Planning Coordinator Mr. Earnest McDonald,AICP, Advance Planning Coordinator Approval Of The June 6, 2001 Regular Meeting Minutes of the Planning And Zoning Board/Local Planning Agency MOTION BY VICE CHAIRMAN FERNANDEZ. "I WILL MAKE A MOTION THAT - WE APPROVE THE MINUTES OF THE JUNE 6, 2001 MEETING OF OUR BOARD AS SUBMITTED TO US." BOARD MEMBER BROWN SECONDED. DISCUSSION. VOTE: BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY : AYE BOARD MEMBER BROWN : AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. r, CITY OF WINTER SPRINGS MINUTES PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING - JUNE 27, 2001 PAGE20F7 II. REGULAR AGENDA A. Reece (Nursery Road Property) Rezoning Mr. John Baker, Land Development Coordinator introduced the Agenda Item and stated, "Staff has looked at this proposal and we are not aware that the latest iteration of the plan has been sent to the Development Review Committee before coming here. Based on that information and the requirements of the Code for the Development Review Committee to review the proposal we would recommend that this go back to our Development Review Committee before proceeding on, back for this Board's review to get some necessary Staff input." Mr. Charles Carrington, AICP, Community Development Department Director suggested that the Board hear from the applicant and residents that are present. Discussion. This was agreed to by the Board. Mr. Phil Reese, 561 Virginia Drive, Winter Park, Florida: address the Board regarding this matter. The Board, Staff and Mr. Reese discussed various topics in a question and answer format. Tape I/Side B Ms. Cindy Slack, 1220 George Street, Winter Springs, Florida: voiced her concerns regarding the applicant's request: regarding parking on the street; regarding retention ponds; and complaints ofthe present use of the property. Discussion. Mr. Melton Malcolm, 98 Melton Drive, Winter Springs, Florida; requested that the retention pond remain in its present location. Discussion followed regarding the time frame for this issue to be resolved. . Tape 2/Side A Mr. Joseph Miranda, 1417 Lambert Street, Deltona, Florida: spoke of leasing from Mr. Reese; and said that all the problems with the parking on the street should not be blamed on him. Ms. Slack spoke again regarding Seminole County denying Mr. Reece's request; and personally addressed Mr. Miranda. Discussion. MOTION BY VICE CHAIRMAN FERNANDEZ. "I'M READY TO MAKE A MOTION THAT WE CONTINUE THIS MATTER AND DEFER ~IT TO A SPECIAL MEETING ON THE SECOND OR THIRD WEDNESDAY OF JULY - TO BE HELD AT A FUTURE DATE TO BE DETERMINED BY STAFF." SECONDED BY BOARD MEMBER STEPHENS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING - JUNE 27, 2001 PAGE30F7 VOTE: BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER STEPHENS: AYE MOTION CARRIED. Board Member Tom Brown suggested that Staff research whether the County or City is responsible for Nursery Road. MOTION BY VICE CHAIRMAN FERNANDEZ. "I WOULDN'T MIND MAKING ANOTHER MOTION TO CLARIFY MY PREVIOUS MOTION. THAT IF IT'S READY - THAT IT BE BROUGHT BACK AT A SPECIAL MEETING TO BE HELD THE THIRD OR FOURTH WEEK IN JULY. IF NOT THEN THE NEXT REGULAR SCHEDULED MEETING FOR AUGUST, IF IT'S READY." SECONDED BY BOARD MEMBER STEPHENS. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY: AYE MOTION CARRIED. B. W/S Town Center Auto Rezoning Mr. Baker introduced the Agenda Item and distributed additional materials. Discussion. MOTION BY VICE CHAIRMAN FERNANDEZ. "THIS IS MY MOTION, THAT THE CITY COMMISSION APPROVE THE PROPOSED CHANGE OF ZONING FROM (COUNTY) A-I 'AGRICULTURE' TO THE CITY'S T-C TOWN CENTER ZONING DISTRICT BASED ON THE FINDINGS THAT THE CITY HAS DEVELOPMENTAL STANDARDS AND IT'S LAND DEVELOPMENT REGULATIONS TO ENSURE MINIMAL IMP ACT ON SURROUNDING PROPERTIES SUCH AS BUFFERING. THE CITY'S LAND DEVELOPMENT REGULATIONS AND THE SITE PLAN REVIEW PROCESS OF THE DEVELOPMENT REVIEW COMMITTEE CAN ENSURE THE PREVENTION OF ANY POTENTIAL NUISANCES. FINDING THAT THE CITY'S DEVELOPMENT REVIEW PROCESS INCLUDES REFERENCES TO THE DEVELOPMENT STANDARDS OF THE ST. JOHNS' WATER MANAGEMENT DISTRICT FOR STORMWATER MANAGEMENT AND PREVENTION OF POTENTIAL POLLUTION TO LAKE JESUP. THE CITY'S COMPREHENSIVE PLAN HAS REGULATIONS THAT HELP ENSURE PROTECTION OF LAKE CITY OF WINTER SPRINGS MINUTES !'LANNING & ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING - JUNE 27, 2001 PAGE40F7 JESUP FROM FURTHER DEVELOPMENT ACTIVITIES. BASED ON THE FURTHER FINDING THAT THE PROPOSED REZONING OF THE PROPERTY FROM (COUNTY) A-I TO THE CITY'S T-C TOWN CENTER ZONING DISTRICT IS COMPATIBLE WITH THE FLUM (FUTURE LAND USE MAP) IN THE CITY. BASED ON THE KNOWLEDGE THAT WE HAVE, THIS BOARD IN DRAFTING THE TOWN CENTER REGULATION'S DESIGN; BASED ON THE FINDING THAT THIS MATTER WILL COME BEFORE THE SITE REVIEW COMMITTEE WHICH IS MY UNDERSTANDING NOW CONSISTS OF THE CITY COMMISSION AND THAT THEY WILL ENSURE THAT ADEQUATE SAFEGUARDS ARE PUT INTO PLACE FOR THE DEVELOPMENT OF THIS PROPERTY, THE BUFFERING OF THIS PROPERTY. BASED ON ALL OF THOSE SPECIFIC FINDINGS I RECOMMEND APPROVAL TO THE CITY COMMISSION TO REZONE THIS PROPERTY TO TOWN CENTER ZONING." SECONDED BY BOARD MEMBER BROWN. DISCUSSION. Mr. Miranda stated, "We would be willing to do whatever the City recommends. We already met with the site plans from Miami. We all agreed to it so whatever the City Commission asks and everybody - we are willing to work, to do whatever is necessary." VOTE: VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. C. Rebecca Ann McLay Home Occupation Mr. Carrington asked at the request of Staff for "A Motion to defer action until the next Meeting." MOTION BY VICE CHAIRMAN FERNANDEZ. "I'LL MAKE AMOTION TO T ABLE THIS AGENDA ITEM UNTIL THE NEXT FUTURE MEETING WHEN THE ITEM IS READY AND THE APPLICANT CAN BE PRESENT. I WOULD SUGGEST THAT ALL OF US BOARD MEMBERS OR ALL OF WE BOARD MEMBERS MAKE A SPECIAL TRIP.TO CHECK OUT THIS HOUSE BEFORE WE VOTE." SECONDED BY BOARD MEMBER STEPHENS. DISCUSSION. VOTE: CITY OF WINTER SPRINGS MINUTES PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING - JUNE 27, 2001 PAGE50F7 CHAIRPERSON KARR: AYE BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN : AYE VICE CHAIRMAN FERNANDEZ: AYE MOTION CARRIED. II. ACTION ITEMS . Comprehensive Plan Tape 2/Side 8 . By-laws (Absences) MOTION BY VICE CHAIRMAN FERNANDEZ. "I'LL MAKE A MOTION THAT THIS BOARD RECOMMEND TO THE CITY COMMISSION THAT THEY AMEND THE ORDINANCE-THE ORDINANCE THAT SPECIFICALLY DEALS WITH ABSENCES AND SPECIFICALLY THE PORTION THAT SAYS THAT A MEMBER IS AUTOMATICALLY REMOVED FOR THREE (3) ABSENCES WITHIN A TWELVE (12) MONTH PERIOD, THAT SHOULD BE AMENDED AND LET THEM ADDRESS THAT." MR. CARRINGTON ASKED, "TO CONSIDER OR RECOMMEND THAT THEY CHANGE IT?" VICE CHAIRMAN FERNANDEZ REPLIED, "MY MOTION IS TO RECOMMEND THAT THE CITY COMMISSION CHANGE THAT PORTION OF THE ORDINANCE - 20-53., MID LINE, THE SENTENCE READS AS FOLLOWS 'MEMBERS SHALL BE SUBJECT TO REMOV AL FROM OFFICE BY THE COMMISSION FOR FAILURE TO PERFORM THEIR DUTIES OR OTHER MISCONDUCT IN OFFICE' AND THIS IS THE PART THAT I'M RECOMMENDING THAT THEY CONSIDER CHANGING, 'OR AUTOMATICALLY FOR FAILURE TO ATTEND THREE (3) MEETINGS WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME.' THERE OUGHT TO BE THREE (3) CONSECUTIVE, IN A ROW, MEETINGS WITHIN ANY TWELVE (12) MONTH PERIOD OF TIME." BOARD MEMBER GREGORY SECONDED. DISCUSSION. AMENDMENT BY BOARD MEMBER STEPHENS. "I WAS GOING TO MAKE AN AMENDMENT TO THAT. IF THE CITY COMMISSION CONSIDERS AMENDING THAT PARTICULAR ORDINANCE THEY SHOULD - THE WORDING SHOULD BE, 'CONSIDER SPECIAL CIRCUMSTANCES, WHETHER IT BE THREE (3) IN A ROW OR WHATEVER THERE ARE SPECIAL CIRCUMSTANCES.'" SECONDED BY VICE CHAIRMAN FERNANDEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING - JUNE 27, 2001 PAGE 6 OF 7 VOTE: (ON THE AMENDMENT) BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER STEPHENS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION) BOARD MEMBER BROWN: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY: AYE MOTION CARRIED. . EAR . LDR III. FUTURE AGENDA ITEMS . Swearing In Of Board Members . Election of Officers The Board agreed that it was not necessary that City Commission Agenda Items be prepared for them. Vice Chairperson Fernandez said "Not a copy of every Agenda Item. Just those applicants, - just the information that Staff was already going to give to the City Commissioners about people who were interested in moving into - developing businesses in Winter Springs. It was just that package plus annexations. That's just a memo." Mr. Carrington replied, "That is totally different. Let's try that and see if that's what you want." v. ADJOURNMENT MOTION BY VICE CHAIRMAN FERNANDEZ. "I MOVE TO ADJOURN." SECONDED BY BOARD MEMBER BROWN. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairperson Karr adjourned the meeting at 9:44 p.m. CITY OF WINTER SPRINGS MINUTES PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING - JUNE 27, 2001 PAGE 7 OF 7 RESPECTFULLY SUBMITTED: ~~.~ EEEIE GI~LESPIE / DEPUTY CITY CLERK APPROVED: .~~ ROSANNE KARR, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY Docs\ Word\BOA RDS\PtANNING\aII\\M INUTES\200 I \P&Z07260 1 SPECIAL.doc NOTE: These minutes were approved at the~, 2001 Planning And Zoning Board/Local Planning Agency Meeting.