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HomeMy WebLinkAbout2011 01 05 Planning And Zoning Board/LPA Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 5, 2011 CALL TO ORDER The Regular Meeting of Wednesday, January 5, 2011 of the Planning And Zoning Board /Local Planning Agency was called to Order at 7:01 p.m. by Vice Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Vice Chairman William H. Poe, present Board Member Howard Casman, present Board Member Rosanne Karr, via telephone Board Member Bart Phillips, present Board Member Helga Schwarz, present A moment of silence preceded the Pledge of Allegiance. REGULAR AGENDA - PART I REGULAR 600. Office Of The City Clerk Requesting An Election Of Chairperson Be Held For 2011. "I MAKE A MOTION TO NOMINATE BILL POE AS CHAIR (MAN) OF THE PLANNING AND ZONING BOARD (/LOCAL PLANNING AGENCY)." MOTION BY BOARD MEMBER SCHWARZ. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 2 OF 32 REGULAR 601. Office Of The City Clerk Requesting An Election of Vice Chairperson Be Held For 2011. "I NOMINATE ROSANNE KARR (FOR VICE CHAIRPERSON)." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER SCHWARZ. DISCUSSION. VOTE: BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The December 1, 2010 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE THE . MOTION TO APPROVE THE MINUTES AS CIRCULATED FROM THE DECEMBER 1 sT , ( 2010) MEETING." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 3 OF 32 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT Ms. Maureen Landgraf, 327 Freedom Ring Drive, Winter Springs, Florida: spoke regarding the Choices In Learning Charter School and her concern with traffic and safety; thanked Brian Fields and staff for their assistance; and suggested ingress and egress points on the western side of property. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests The Planning And Zoning Board Review The Information Presented In This Agenda Item And Consider Three (3) Requests For The Proposed Choices In Learning Charter School: (1) The Special Exception Requests, (2) Aesthetic Review, And (3) The Final Engineering/Site Plan. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented this Agenda Item and stated, "This is a request from Choices in Learning Charter School and there will be three (3) requests at the end for which I would ask for separate Votes. One (1) on the Special Exceptions, one (1) on the Aesthetic Review and one (1) on the Final Engineering Site Plan." Continuing, Mr. Stevenson commented, "Staff also understands that those Special Exceptions that may be Approved here tonight would be incorporated into the Development Agreement prior to it going to the City Commission." Mr. Stevenson noted, "There are currently two (2) gopher tortoises that are on this property. These are recent imports — but the Applicant is aware of those and is also aware of the Florida Fish and Wildlife Conservation Commission permit that will be required and it will be necessary to relocate those gopher tortoises." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 4 OF 32 Mr. Brian Fields, P.E., City Engineer, Public Works Department noted, "In reviewing the Traffic Study there were really two (2) major concerns in addition to the normal items reviewed in the Traffic Study for this particular site that made it unique. One (1) was the potential to have an overlap in conflicting traffic with the High School traffic. With the High School, we have very high peaks and also with the elementary school and this is explored in detail early on in the process and what the Charter School agreed to do was to actually move back both their start times and their dismissal times to minimize that potential conflict." Discussion ensued on the carline queue at the proposed Choices in Learning Charter School. Mr. Stevenson displayed photographs of the property and stated, "A black vinyl coated chain link fence was part of the original DA (Development Agreement) - for purposes of working with the play area. That has been incorporated into the existing Development Agreement." Pointing out a particular area, Mr. Stevenson added, "Because there is some concern along this area of the pond where with the kids and the sidewalk and so forth, they have proposed an additional segment of black chain link fence here. That is a deviation request that at this point in time, Staff does not support." Mr. Stevenson then discussed a bus shelter and sidewalks in front of the school. Continuing Mr. Stevenson added, "Staff is recommending that we memorialize this deferral in an amendment to the Developers Agreement at a future date, but that would be when the lighting would take place on that sidewalk out there, as well as the parallel parking once they develop that portion of it." Architectural drawings were displayed and explained by Mr. Stevenson. Discussion. Mr. Matt Breen, Program Manager, Breen Construction Services, 205 West State Road 434, #D, Winter Springs 32708: Mr. Breen stated, "The school has been very successful and currently they have been partnering very closely with First Baptist Church of Longwood. They have a facility there, a classroom building that was filled up very promptly due to the success of the school. Subsequently, a lot of the teaching activity is happening in portable classrooms. So, in order to continue the success of the school and create a positive environment for teaching and learning, it was important that a new facility be built so that the school can continue to grow and prosper." Brief discussion. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 5 OF 32 Mr. Breen noted, "We are installing sidewalks around the entire perimeter of the piece of property to ensure that the children can come and go under supervision safely and stay out of harms way." Mr. Breen added, "It is very important to separate children that are primarily on foot from children that are being dropped off by their parents in vehicles. The children in vehicles will happen on the south side in the parking lot area and, children that will be walking or arriving by bus will be received on the north side. So that separation is very important and is incorporated into the design." Discussion. Vice Chairperson Rosanne Karr asked, "Is there enough parking for the parents ?" Mr. Breen replied, "Yes, there is." Vice Chairperson Karr then asked, "Is there enough parking for 500 plus ?" Mr. Breen replied, "There is not enough parking for 500 vehicles. During the planning process we worked very closely with Eloise (Sahlstrom), John (Baker), Randy (Stevenson) and Brian (Fields) and part of the challenge that we have is trying to make sure that everything functions from an engineering perspective and a safety perspective, but also minimize the impact the construction and design has on the environment. And a lot of parking has been added on the perimeter of the sight, primarily on Hicks (Avenue) which will also be very beneficial for the City during events that happen on the weekends and off hours, when the school will not be in session. In addition to that, you heard Randy (Stevenson) mention the Development Agreement that he and Anthony (Garganese) worked with us very extensively on over the summer. Part of that Development Agreement talks about the utilization of parking at predetermined times, for the City to use the parking lot and that the School will be designing and constructing, and also for the school at predetermined times to utilize the grass parking lot at the Parks and Recreation across the way. There are approximately ten (10) events that happen at the school right now that are what we call the over flow events. So we believe that is going to be a very manageable process. And as Randy (Stevenson) talked about earlier, it is pretty well thought through and documented." Discussion ensued on proposed school Events. Referencing parking spaces, Mr. Breen conveyed, "There is approximately 124 parking places at the City Park, grass parking lot and there is — 105 or 110 that are going to be developed by the School." Mr. Breen then commented that, "Currently we have the Police at the City of Longwood on an as needed basis." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — JANUARY 5, 2011 PAGE 6 OF 32 Continuing, Mr. Breen added, "This particular site, the way it has been designed, and with Brian's (Fields) help and advice, it has been designed and developed such that it would not be necessary for any management from the City of Winter Springs Police Department. The Staff currently at Choices in Learning (Charter School) are very, very involved there everyday in the parking lots directing traffic and making sure that people and the children are kept safe and that traffic flows in an efficient manner and it is only going to improve on this site. The queuing area is ample without over paving the planet. It also can be expanded a little bit to the west with more impervious pavement stone and gravel that is actually already built into the plan as well if it is required. But, right now the intent is to have design in such a way and we believe that it is, so, there will be no additional burden on the City of Winter Springs Police Department to come out and direct traffic when they could be utilizing their time in a better way." Vice Chairperson Karr asked, "Is there going to be a School Zone in front — in that area of State Road 434 ?" Mr. Breen replied, "We cannot make you that promise as it is a State Road. I can tell you that Choices in Learning (Charter School) has been at two (2) other locations prior to moving to Winter Springs." Tape 1 /Side B Board Member Howard Casman asked, "Are residents of Stone Gable, Winding Hollow, Parkstone eligible for busing ?" Mr. Breen replied, "Busing happens after — a two (2) mile radius that is required in our Charter, outside of a two (2) mile radius." Next, Board Member Casman inquired, "Will there be crossing guards if they are not eligible for busing ?" Mr. Breen responded, "At (State Road) 434 and Central Winds Road? Yes, there will be." Continuing, Board Member Casman remarked, "As a civic matter, is the School going to have an auditorium and if it does will it be open to civic groups either on a rental basis or just being a nice guy basis for civic organizations ?" Mr. Breen replied, "The school has what is — the concept is called `Cafetorium'. Most elementary schools do not have auditoriums and this one will not be any different then that. They have to stay within some guidelines. But, what we do have is a flex space called a `Cafetorium' where the school can hold assemblies, plays, things of that nature, meetings and of course serve lunch there as well. They also will have their after school programs in there. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 7 OF 32 As a part of the Development Agreement that Randy (Stevenson) spoke to earlier, there are some provisions that are made for the City's use. For the Cafetorium area and actually we tried to incorporate into the design ability to access that area without having to worry about somebody wandering off into the school that does not belong; the Media Center for instance. Some of that is incorporated as well." Discussion. Referencing the Traffic Study, Mr. Fields commented, "The Traffic Study is available if you would like to review it." Mr. Breen mentioned that, "At the intersection of Central Winds Drive we will be installing six foot (6') sidewalks around the perimeter so everything will be interconnected." Regarding off street parking, Mr. Breen stated, "Right now our agreement with the City is to install parallel parking along Hicks (Avenue) — there is not enough right -of -way right now, actually around the entire site. This is why there was the necessity for an Agreement. A lot of these improvements that are being made for the benefit of the City and the benefit of the Applicant are being held on private property. This particular area is very tight. Chairman Poe opened the "Public Input " portion of this Agenda Item. Mr. Michael Cannell, 221 Torcaso Court, Winter Springs, Florida: commented on the Fiscal Impact; traffic safety concerns; and is opposed to this project. Mr. Rich Zarda, 204 Torcaso Court, Winter Springs, Florida: spoke on the position of the building; the removal of trees; and the concern of coordinating the time of the local schools in the area. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I MAKE THE MOTION THAT BASED ON THE HEARING TONIGHT THE PLANNING AND ZONING BOARD APPROVE THE SPECIAL EXCEPTION REQUEST FOR THE CHOICES IN LEARNING CHARTER SCHOOL." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY CHAIRMAN POE. DISCUSSION. MR. STEVENSON STATED, "MR. CHAIRMAN, MAY I ASK FOR A POINT OF CLARIFICATION ?" CHAIRMAN POE REPLIED, "YES." MR. STEVENSON ASKED, "DOES THAT INCLUDE THE SPECIAL EXCEPTION FOR THE CHAIN LINK FENCE ?" CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 8 OF 32 CHAIRMAN POE ANSWERED, "I BELIEVE, CORRECT ME IF I AM WRONG MS. KARR. I BELIEVE YOU WERE RECOMMENDING IT AS IT WAS RECOMMENDED BY STAFF ?" VICE CHAIRPERSON KARR CONFIRMED, "YES." MR. STEVENSON COMMENTED, "JUST FOR CLARIFICATION, STAFF RECOMMENDED DENIAL OF THE BLACK CHAIN LINK FENCE - WE WERE RECOMMENDED APPROVAL ON THE OTHERS. I JUST WANTED TO CLARIFY WHAT THE MOTION WAS ABOUT." VICE CHAIRPERSON KARR ASKED, "OKAY, SHOULD I AMEND THE MOTION THEN ?" CHAIRMAN POE REPLIED, "ARE YOU RECOMMENDING IT AS STAFF HAD RECOMMENDED IT ?" VICE CHAIRPERSON KARR STATED, "YES ". CHAIRMAN POE THEN ADDED, "I WILL SECOND HER MOTION AS IT IS PRESENTED BY STAFF." VOTE: BOARD MEMBER PHILLIPS: NAY VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER SCHWARZ: NAY MOTION CARRIED. "I WILL MAKE THE MOTION TO APPROVE THE AESTHETIC REVIEW AS PRESENTED." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. "I MAKE THE MOTION THAT WE APPROVE BASED ON TONIGHT'S HEARING APPROVE THE PLAN; THE FINAL ENGINEERING AND SITE PLANS." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 9 OF 32 VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. Board Member Schwarz said to Chairman Poe, "When the item goes before the City Commission, I would like the recommendation that street lighting be provided on Central Winds Boulevard and Hicks Boulevard (Avenue), as a compliment to substantially developing that parcel of land, as a recommendation." Chairman Poe replied, "I am not certain that that could be put into the recommendation. I believe that it could be added as a footnote that it was a concern but it was not included in the Motion but I certainly believe that we could bring that..." Board Member Schwarz noted, "...I do not know what the protocol is. It is just very dark there." Chairman Poe then responded, "I understand, I was out there myself. I clearly understand but I think that a note could be made in the Minutes that that was a concern to this Board." PUBLIC HEARINGS 501. Community Development Department Requests The Planning And Zoning Board Review The Information Presented In This Agenda Item And Consider Four (4) Requests For The Proposed Winter Springs Village: (1) The Special Exception Requests, (2) The Aesthetic Review, (3) The Final Engineering/Subdivision Plan, And (4) The Development Agreement. Mr. Stevenson introduced this Agenda Item and stated, "You will be considering; I apologize; there is a mistype, you will not be considering the Development Agreement tonight — you will be considering the Special Exceptions for inclusion in the Development Agreement that will go to the Commission. Again, there will be three (3) requests. Again, I would request a separate Vote on each request. Those are similar to the ones we just talked about and that would be the Special Exception Request, the Aesthetic Review and the Site Plan." Mr. Stevenson stated, "We are asking the Planning and Zoning Board( /Local Planning Agency) to consider the recommendations for the Special Exceptions, the Aesthetic Review and the Final Engineering Site Plan for a 252 residential unit facility — currently as Winter Springs Village. It also includes a clubhouse, a community garden site, park and recreational areas, Trail access and a portion of Spine Road and Michael Blake Boulevard on a forty (40) acre site along the eastern edge of the Town Center District." Mr. Fields spoke on Stormwater; the Traffic Study; utilities; and site grading. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 10 OF 32 Mr. Stevenson reviewed the Code Deviations with the Board Members and displayed photographs of the proposed site. Tape 2 /Side A Mr. Stevenson read an excerpt of the Comprehensive Plan regarding the Special Exceptions. Mr. Shawn Boyle, Director, Finance and Administrative Services Department spoke to the Board Members on the Economic Impact Analysis. Presenting a PowerPoint presentation, Mr. Boyle stated, "Implicit in the Report is the assumption that this project will have a non - material impact on the City's services provided." Continuing, Mr. Boyle added, "Overall it is not a stretch of the imagination to take this Report and come up with a recommendation that will have a positive impact. I just wanted to add that for the Record." Discussion. Mr. Stevenson commented, "Parallel parking — also represents a City standard street right -of -way and should they eliminate those parking spaces would constitute an additional Deviation from the Code. Staff is not in support of that." Mr. Stevenson then added, "We are also not in favor of moving these bungalows back because again it is the nature of the Town Center that those be elevated off the sidewalk there and that parallel parking be there." Continuing, Mr. Stevenson noted, "When you Vote on these particular items you would do it in separate Votes. One (1) for the Special Exception request, one (1) for the Aesthetic Review and one (1) for the Final Engineering Site Plan." Mr. Mike Wadley, Vice President of Planning, Wadley Hanson LLC, Division of Carnahan Proctor Cross, 14 East Washington Street, Suite 500, Orlando, Florida and stated, "We agree with the Staff report and we worked very diligently with Staff to try to design the best project we could that met the conditions, economic conditions, market conditions and create a very viable neighborhood for the Town Center. I really do not have a presentation; we agree with Staff reports, and Staff conclusion, and Staff Findings." Referring to the photograph of the Trail crossing, Mr. Wadley stated, "The fence will be constructed to here and to here which is an outfall, a trail crossing perhaps, and there is really not a benefit of extending it further. We prefer to leave it there and that is where a Trail crossing or access would be provided. We agree with the City's assessment in this area and we did add fifteen feet (15') to preserve trees on that lot, and we can not just pick up this green space and move it here because there is an access right here. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE I I OF 32 We have already taken up by taking this out and moving it here we have already taken up any land that might be available in that area. This area can not be moved down here to make that wider. We also agree, like 1 said with the City's position there are not too many trees in this area there are some but I think the effect that would be created by the parallel parking to be consistent with this, and have a more manicured appearance that would tie into St. Johns Landing would be appropriate — with that I would entertain any questions and also have a gentleman from Meritage Homes who can answer questions as well and we would also like to request time for rebuttal at the end, after public presentations." Discussion. Vice Chairperson Karr inquired about the neighborhood of estate homes not being gated. Mr. Wadley replied, "It is open, it is walkable, it is assessable for everyone. A gated community within a Town Center would not be permitted. Mr. Stevenson further added, "Normally we do not allow fencing in the Town Center area but again, in consideration of the Transition area and in consideration of the existing residence and in consideration that this is along the edge of the Town Center, Meritage (Homes) has agreed to put that fencing in. And it would be a decorative fence, not chain link, decorative fencing six (6') feet high." Vice Chairperson Karr inquired about the phases of construction. Mr. Wadley responded, "The phasing would begin at — Phase one (1) would basically be from Tuskawilla over to the Central Winds Park area. And for those of you in the room that is the triangular shape park in the center with the infrastructure necessary to get over to the lift station and the ponds. So, this basically is Phase one (1) on the western side and Phase two (2) being the eastern most, or southern most." Vice Chairperson Karr inquired, "Are you going to construct it as it is sold out — or are there going to be spec homes that are going to be put in ?" Mr. Clint Szubinski, Vice President of Land, Meritage Homes, 5337 Millenia Lakes Boulevard, Suite 160, Orlando, Florida: Mr. Szubinski commented, "To answer the Board Member's question specifically, we are a pre -sold builder. So, the majority of the homes we sell are out of a model park and we will actually allow the buyer to come in and pick the home, the actual home, the home site, the colors, the specifications that go in the home, and we will build the order of that home for them. On rare occasions we will start some spec homes, but we generally limit those to just a few of them, about two (2) per product type." Discussion. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 12 OF 32 Board Member Schwarz asked, "Concerning the Mixed Use of this neighborhood, how will the HOA (Homeowners Association) be structured? In the sense of these Townhomes being in there, will they be responsible for the upkeep of each individual owner for the outside of their building or will there be a sub association within the master association and they will be responsible for the upkeep ?" Mr. Wadley replied, "I believe there will be a sub association." Mr. Szubinski answered, "The Homeowner's Association will be fairly extensive for this site. We are going to have one (1) large association that has governing rules in each of the provisions for each product. The Townhomes will obviously have a different assessment for the exterior to be able to provide for reserves to fix or repair the exterior should they fall to disrepair. And also the Bungalow homes and the Townhomes will also have a special assessment on all of those lots where common maintenance features landscaping, irrigation will all be a master association item for those product types. The Estates are the only product types that will not include lawn maintenance and irrigation on a master scale." Discussion ensued on the St. Johns River Water Management District mitigation. Mr. Wadley explained, "There are two (2) mitigations we are talking about. The one you have referenced there are mitigation banks offsite and when it went through the permitting process it goes through a very rigorous model to determine how many credits a development would need to purchase to satisfy that mitigation. And so, that was prescribed by the (St. Johns River) Water Management District and there where two (2) areas offsite within proximity to the site. It has to be within the drainage basin and there were conservation easements placed over lands and those payments were made and approved by (St. Johns River) Water Management District." Photographs of the property site were shown. Mr. Wadley stated, "In addition, I would like to point out that we have - ten foot (10') wide walking trail along the area here. We are going to connect into the Trail to the south. This area in working with the City, is part of satisfying the requirements and this will be a community garden it will have an access right here. It has a rather steep slope. So, we created a series of terraces here where you will have a two foot (2') retaining wall and garden filled and those will be divided into plots with the Trail beside it. There will be a room for a shed for equipment storage and things like that. And then where it evens out or the grade becomes flatter those can be divided into tracks as well. So, that was a suggestion of Staff that we thought was very good." Board Member Schwarz inquired, "When will the clubhouse - be complete? A pool, is that part of Phase one (1)." Mr. Szubinski responded, "Yes, the clubhouse will be constructed during Phase one (1). We hope to have it constructed when we open up for sale in the summer time." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING -- JANUARY 5, 2011 PAGE 13 OF 32 In regard to the public park, Mr. Wadley further noted, "This area was deemed to be private because it will be a clubhouse and that is not included in that 1.8 acres. That is in addition too." Board Member Schwarz asked, "What was the justification about bringing the utility road between two (2) homes to the lift station versus putting the road at the edge of the property on the southeast side along the one (1) lot." Mr. Wadley responded, "Well it was engineering considerations in that area as this site falls back. This way this was the best routing that was practical for a truck to be able to get over and down to the utility station." With discussion on the Aesthetics of the buildings, Mr. Wadley said, "I would like to break that down into two (2) parts. One is with respect to the Mixed Use character, part of the concept of the Town Center is to have diversity and to have a mix of units and I think this plan has been designed to do two (2) things. One (1) is to create that core of energy in the center around the park area and there is going to be extensive landscaping in that area and it is going to be very walkable. And I think you can call it what you would like, neo traditional planning, new urbanism, that sort of thing if you visit developments like Baldwin Park and Celebration and a whole host of others they integrate those Uses within small areas and that is the nature of the design." Continuing, Mr. Wadley added, "We were challenged to provide seven (7) units per acre. And, we are at, just shy of that and one (1) of the concessions to help with that was to add the ability of mother -in -law units or something like that to boost that density up. The second part of that is if we drop down to Townhomes we would be much less then the desireable density and critical mass. And it really goes to is the overall Town Center." Mr. Wadley added, "What you have is a critical mass that is necessary in this Town Center to support the commercial aspects." A photograph of the Townhome Elevations was displayed. Mr. Szubinski commented, "We took a lot of time and energy to actually go out and work with Architects. They actually came to our office spent the whole week, spent the night in our office for a whole week. Designing these in a charette process and we wanted this community to have the various different types of products, but not to look like a Baldwin Park - everything is similar. We wanted to have a blend of style. So, hence is the reason why you see Spanish, Colonial you see some Traditional, some Craftsman type." Mr. Szubinski then added, "We really wanted each individual home to look like it was a separate home and not a complete building. We put a lot of emphasis on the end units also as well with the large expansive porches. A lot of Townhomes you see here in the area do not have such a large porch on the first and second floor. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 14 OF 32 When you are driving down the street on the corners where these Townhomes are going to be, you are going to see large expansive porches, reminiscence of a New Orleans or a Charleston type look. We took a lot of time and a lot of effort to go in and design this looking at various different views. All of these walk like single family homes. I mean the interiors, our smallest product which is about thirteen hundred and fifty (1,350) square feet. The end units are seventeen hundred (1,700) plus square feet which walk like a normal single family home. Again, various different price points for different individuals and different families and home buyers that can afford different price points in their homes. We are definitely, I think open to suggestions; this is an elevation, it is a skin of a home. Beauty is in the eye of the beholder. We had some suggestions on various external elements to add or take off. We are open to that and we can certainly engage in that dialogue as we move forward through the development process, again as long as it is consistent with the Town Center Code. I think that we would certainly be open to those suggestions here to make those revisions to perhaps be more appealing if there are some that you want to add." Vice Chairperson Karr inquired, "About the street size and the width of the road? And since it's not a gated community that means that Winter Springs would be responsible for the roads in this development ?" Mr. Wadley replied, "That is correct. The roads are public and the alleys are private." Vice Chairperson Karr voiced, "What is the width of the alleys ?" Mr. Wadley commented, "The width of the alleys is twenty feet (20')." Mr. Wadley added, "What you will find is in a lot of the New York traditional communities, this is actually generous. Most of them or a lot of them are one way ten (10') to twelve feet (12'). So, this is a nice wide street to accommodate two -way traffic." Mr. Wadley then added, "The other feature is that the garages — are right up against the pavement of the alley and you will find that these are set back so that you will have two (2) parking spaces outside of the garage and two (2) parking spaces in the garage and your Code only counts three (3) of those spaces." Mr. Stevenson illustrated and explained the rear Elevation on page 48 of the Aesthetic Review. Mr. Wadley commented, "The easement for the alley itself is thirty feet (30') wide. Then you have got the ribbon curb on either side of the alley which caps off the pavement. And then you have - nineteen (19') to twenty feet (20') of parking outside of that. And this is all private space so that you do not have the problem you have in a lot of communities. They are under parked that is why we have designed this to have maximum parking with the units and the on street parking and we have a significantly higher ratio of parking than most communities have." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 15 OF 32 Discussion ensued on the construction of the Townhomes. Mr. Stevenson reported, "Staff has reviewed this and made our recommendation based upon the regulations required in the Code and as well as the fact that they do incorporate those traditional aspects of architecture be it Craftsman or be it Colonial or be it whatever, I just wanted to make that statement." Vice Chairperson Karr asked, "What is that the vertical texture. Is that wood or what is that finish ?" Mr. Szubinski noted, "Construction will be first floor block with a cementation siding on the second floor hardy plank, as it is generally known as." Mr. Szubinski replied, "These Townhomes were specifically designed for this project so we would not have the similar type elevation really anywhere in Orlando. The floor plans would be very similar to what we would build in Winter Garden. We have a community out there. But the elevations are specifically designed for the community. So, we could not point you to a place where you could see the outsides of these, because they are ordinary to the community." Chairman Poe opened the "Public Input " portion of this Agenda Item. Tape 2 /Side B Mr. Richard S. Geller, Esquire, Fishback Dominick, 1947 Lee Road, Winter Park, Florida: retained by Mr. Dave Bowen of St. John's Landing, Mr. Geller presented a PowerPoint presentation. Mr. Geller stated, "I am sure those of you sitting on this Board feel as deeply as members of the community have expressed the importance of the trees of Winter Springs. In fact, this is Tree City USA and so, our requests are centered around the topic of trees. What we can do to improve the aesthetics of this project and save as many trees as we can. This is the St. John's Landing subdivision where my client lives and you will notice the large oak trees there. Those were preserved during construction as were many others and — people who live in St. John's Landing would like the same standards held to Meritage (Homes). They would like to see this type of preservation. Back when Schrimsher entered into a Developer's Agreement with the City back in 2000, a commitment was made that there would be a buffer of at least fifty feet (50') to St. John's Landing. No less than fifty feet (50'). Of course, you have an Arbor Ordinance here and the standard for tearing down specimen trees, those are trees that are twenty - four inch (24 ") caliper or greater is extraordinary circumstances and hardship. So, we are going to propose some suggestions here that we think Meritage (Homes) would be able to accommodate. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 16 OF 32 These are some of the trees that will be torn down. This is the back of one of the homes in St. John's Landing. There is the ten foot (10') tree preservation area — the request is to extend the tree preservation area an additional ten feet (10'). I think that is reasonable. Mr. Wadley is a capable engineer and we think that could be done." Continuing, Mr. Geller then added, "This is the view down Tuskawilla (Road) and this here is from the Future Land Use Element for the Town Center, and it speaks of promoting and developing connectivity of natural features for habitat and scenic vistas and I would suggest to you that Tuskawilla (Road) does provide you with a scenic vista that we ought to try to preserve. There is a lot of parking here and the Applicant mentioned that the parking ratio is significantly more than other communities. You will note that the on- street parking spaces on Tuskawilla (Road) are not part of that parking calculation. So, we would ask that that we try to preserve whatever trees we can in that area. I also heard that the sidewalk there is ten feet (10') wide and I would suggest that is rather excessive. A sidewalk where you have a commercial area in your Town Code is at least twelve feet (12') wide, so you are awfully, awfully wide there and perhaps that can help us with the tree preservation. One other issue that was brought up by Mr. Stevenson, we do appreciate moving those units at the top over eastward. There is a thirty -eight inch (38 ") caliper oak and also a forty -four inch (44 ") caliper oak nearby and we would very much like if there is any possibility at all to preserve that, we would ask for that. I do think that there is a lost opportunity with this project and we were playing with the idea that could you in fact even reverse those Bungalows as it becomes very difficult with the rear entry garages. You may or may not have received this memorandum from the town's consultant, Dover Kohl (& Partners), who was critical and called this a substantial step backward and I guess, literally in that units were flipped. What they thought should be the front, should be the rear and vice versa. In particular, they mentioned all these units along Tuskawilla Road and the ideas that you front the water. You create these types of environments. The architecture on the Bungalows is very nice, but the statement was made that we are going to try to buffer the view of all those garages. We need to be very careful about the type of buffering you are going to have with the current layouts. I would just bring that to your attention. This here is from the Tree Survey. You will notice the thirty -eight inch (38 ") caliper oak tree and there is the forty four inch (44 ") one and you will see, these are not all scrub. There are some scrub there, but there are some nice size trees there. Here is a twenty seven inch (27 ") oak, there is a thirty -six inch (36 ") caliper oak and we would ask if there is any, any possibility of saving these trees, we would very much like that to happen. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 17 OF 32 I would point out a technical deficiency and that is that the tree survey that was attached to the development plans that were posted on the website, those plans are from 2003 and your Town Center Code requires a tree survey of no more than one (1) year old and so, we would, as a suggestion to you impose a condition if you are inclined to approve their request for Special Exceptions to update the tree survey. Mr. Cannell will talk about his concerns about elevation here. There is significant Elevation change across from his home here and he is concerned about homes being significantly higher than his own, once this canopy is pushed back. This is one of the trees that is slated to be torn down. The Arbor Ordinance requires a written statement by a landscape architect or other competent professional about the probability whether a grade change will destroy trees or kill trees that are meant for preservation. We would suggest to you that that sort of statement ought to be required here. I do want to raise the eagle nest with you and Mr. Bowen took these photographs. He took his photographs from Tuskawilla Road. The eagles are visible from there and the Consultants from Meritage (Homes) showed the protection of radius of 293 feet the actual protection zone should be 330 feet. That is according to Fish and Wildlife Commission management guidelines that were published in May 2007 and it talks about the avoiding the cutting of trees within 330 feet of any active nest, and you will hear some testimony about that. This is a summary of the conditions that we hope you will consider. I hope that you will view these as reasonable. The folks here are awfully concerned about this. Update the tree inventory and one thing I forgot to mention, there is that ten foot (10') tree buffer that has been offered by Meritage (Homes). The Arbor Ordinance says that you preserve specimen trees unless they are within ten feet (10') of a structure. So, if at all possible, and Meritage (Homes) has very capable engineers and may require some changes in their grading plans, but instead of just a ten foot (10') buffer, make that buffer up to ten feet (10') from the structure. It is already contemplated by the Arbor Ordinance. Do what you can to preserve Tuskawilla's scenic vista. It is in your Comp(rehensive) Plan and you do not want to Approve a Plan that is at odds with your Comp(rehensive) Plan. So, do what you can to preserve those trees, make the sidewalk a little thinner and do what you can and preserve those trees within three hundred and thirty feet (330') of the eagles nest and get that certification." Mr. Michael Cannell, 221 Torcaso Court, Winter Springs, Florida: distributed some photographs to the Board and spoke about the grading of the site and is opposed to this proposed project. Mr. Rich Zarda, 204 Torcaso Court, Winter Springs, Florida: noted his concern with the removal of trees; the elevation of estate homes; and horse trails. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 18 OF 32 Mr. Len Dekrey, 219 Torcaso Court, Winter Springs, Florida: commented about his concerns with the grading along the horse path; asked to preserve the aesthetics of the community and trees and was opposed to this proposed project. Mr. Todd Stewart, 103 St. Johns Landing Drive, Winter Springs, Florida: commented on the work permit and noted his opposition to the proposed project. Mr. Michael Cannell, 221 Torcaso Court, Winter Springs, Florida: asked for clarification regarding the streets; read a letter he received dated August 11, 2000 regarding a concrete Wall; and asked for fairness. Ms. Lynda White, 452 Harbor Winds Court, Winter Springs, Florida: spoke as a representative of the Audobon Society of Florida and requested that the eagles complete their nesting season without disturbance and is opposed to this proposed project. Ms. Mary Donohue, 113 St. John's Landing Drive, Winter Springs, Florida: in opposition to this proposed project and commented on the removal of trees and canopy; property values; and parking issues. Mr. Eric Schreck, 104 St. John's Landing Drive, Winter Springs, Florida: thanked the Board for all of their work; concerns with property values, traffic and is opposed to this proposed project. Mr. Marc Batchelor, 200 Torcaso Court, Winter Springs, Florida: as President of the St. John's Landing Homeowner's Association and on behalf of the Association, they are opposed to adding Townhomes in the community; and expressed concerns regarding the parallel parking and expressed concerns of the egress onto the Trail. Mr. David Bowen, 105 St. John's Landing Drive, Winter Springs, Florida: commented regarding the eagles and other wildlife in the community; and noted concern for the value of his property and is opposed to this proposed project. Ms. Amy Moeder, 102 Trace Point, Winter Springs, Florida: addressed the Board Members regarding the community and is opposed to this proposed project. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: spoke of his concerns regarding the parallel parking and bus stops; Traffic Study and is also opposed to this proposed project. Tape 3/ Side A Mr. Todd Stewart, 103 St. John's Landing Drive, Winter Springs, Florida: concerned with the wildlife in the community and asked the Board to Vote "No" on all three (3) issues. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 19 OF 32 Chairman Poe then mentioned names of individuals who had submitted Public Input forms and did not wish to speak: (Ms.) Terri-Jo Ciocca, 109 St. John's Landing Drive, Winter Springs, Florida, is opposed; (Ms.) Geralyn Bowen, 105 St. John's Landing Drive, Winter Springs, Florida, is opposed; and (Ms.) Lisa Stewart, 103 St. John's Landing Drive, Winter Springs, Florida is opposed. Chairman Poe closed the "Public Input" portion of this Agenda Item. Mr. Wadley stated, "The City was asked to look at what the vision of Winter Springs could be. I was one of the Consultants when the Town Center concept was created. We had vision sessions and what the vision of the City was to - these were public meetings and was to have a Town Center then there was what was called the New Development area where you did not have along (State Road) 434 Corridor where you had green fields those had standards to be developed too, which they have had a nice success with that and then the redevelopment area which was the old part of Winter Springs on (State Road) 434, and I worked to write regulations to have that redeveloped. I also came up with the concept that all the landscaping along (State Road) 434 and the medians and the Village Town Walk. I also was instrumental in getting a two million dollar grant to repave (State Road) 434 from DOT (Department of Transportation). So, I have some pride in this Town Center as well. But, the vision was to create a Town Center that was viable and based on having shopping and having residential at a higher density to support that Town Center component. And you are at a handicap in Winter Springs when you talk about market areas because of Lake Jesup and all the environmental areas. If you had a Town Center with a normal radius around it, you would need far fewer homes immediately adjacent to it. But you have to have the density to support what you have here. So, there was a vision process and the vision was to create a Town Center at a higher density. We were continually chastised by Staff because we were not making the seven (7) units per acre and that is in your Comp(rehensive) Plan. That is not because Staff just wanted a dense development. If we slash this density in half we would be very inconsistent with your Comprehensive Plan. This development goes towards implementing your Comprehensive Plan. Mr. Geller made a point about `Tree City USA'. I think I have addressed the fact that you can not have a Town Center at the density that you require without doing what has been done to this site to remove the trees. The fifty (50') foot buffer minimum that has been stated was in the Schrimsher Agreement and Mr. McLemore wrote a letter to the residents of St. John's Landing and that fifty foot (50') buffer includes five feet (5') adjacent to St. John's Landing, the trail thirty -five feet (35'), so that is forty feet (40') and then ten feet (10') on our property which we are doing. It is not fifty feet (50') from our property line in, so I wanted to make that clarification. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 20 OF 32 We did have the Arborist involved in this project extensively and in terms of the request to update, we did have - the City Arborist on site to look at our tree survey with respect to have conditions changed substantially? No, conditions have not changed and we were allowed to proceed with the previous tree survey because conditions have not changed. Extend the tree preservation ten feet (10') in the back of the lot there is an area that would be utilized if people would like to have a pool added to their home. That is the area that that would encroach in to." Continuing, Mr. Wadley then added, "If I had another hundred feet (100') in this property from here to here, I could make everything come out right, and I would have bungalows facing them, facing the water. I do not. What I have is the best you can do under these conditions to get the design worked out that works. So, the 293 feet, I would like to address that for the eagle. Actually it is a 330 feet protection zone which we have respected. The monitoring with all due respect is not a seven (7) day a week monitoring. We have met with the State and Federal Wildlife officials to have an appropriate monitoring program established and we are meeting that. There are now two (2) young eaglets in the nest. I think that is tremendous. They will be fledged by April which would be the end of the nesting season for this pair. And then after that we can move into the 330 feet zone and complete the infrastructure work that is necessary. And I would like to state that you have seen this plan, that this project has a long history. It was Approved and what we are doing is working under the (St. John's River) Water Management District Permit that we have. We could have built the Townhome project and we could have built the infrastructure that we have and done the mass grading, and we are doing that consistent and we have preserved that as the iterations of the plan have gone forward. So, the decrease in density has not affected substantially the major lay out of the project. And then with respect to the eagles return next season, then again, they have to go out and monitor, respect the 330 foot zone. If the pair does not return by December they will not be required to monitor for the next season. These are requirements or conditions that the Federal and State Agencies have imposed upon us. And this process will be repeated year after year as long as there is construction." Referencing the Wall, Mr. Wadley stated, "There is five foot (5') strip that goes back to when Schrimsher owned the property. There is St. John's Landing property boundary; there is the five foot (5') strip and then the trail property and then Meritage (Homes) property begins. The five foot (5') wall was supposed to go in this area and it was only if multi- family backed up or commercial backed up to single family. Well, we have had no multi- family backing up to there, so it was not required. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 21 OF 32 As a matter of fact Brian (Fields), correct me if I am wrong. On the site plan for St. John's Landing it required St. John's Landing to build the wall on their property? They have not built their wall. We are building a fence. We have offered to build a decorative fence along our property line, which will restrict people from walking from their backyard to the trail, which they would enjoy from across the street in St. Johns Landing or across the trail." Continuing, Mr. Wadley then added, "The construction has not been completed. There is going to be a grade down and there is not going to be a nine foot (9') wall there - a nine foot (9') plateau that immediately drops off. We are not creating a situation, where we are going to have massive run off going down into the Trail area and what you saw in some of the photographs was, we have preserved well we have done the construction, a fifty foot (50') buffer along here of trees that we have not touched and a fifty foot (50') here. And the commitment is the hundred and forty thousand dollars ($140,000.00) that was mentioned, that, if we walked away what would make concessions to do to allow us to go forward is to beef up the landscaping in the remaining buffer that we have not touched and to replant this area and to not touch this, so that you would not see PVC pipes sticking up in the ground. That is what the preservation of the buffers were and for the hundred and forty thousand dollars ($140,000.00)." Further, Mr. Wadley remarked, "It was stated that we surprised everyone and started construction and no notice. During the initial process, Meritage (Homes) extended an invitation to meet with the homeowner's of St. John's Landing and they were never granted a meeting. Number two (2), a certified letter was sent. The leadership of the HOA (Homeowner's Association) was contacted and requested a meeting and that meeting was not granted. There was a certified letter that went to the HOA's (Homeowner's Association) both HOA's (Homeowner's Association), the two (2) neighborhoods prior to the construction beginning. In terms of trees being preserved on these lots versus this, again, this is not Town Center, it is a beautiful community and I admire your community. The conditions that were required to meet on this site are very much different. And we had to pay a substantial amount of money which was determined by the City Arborist to be able to clear the sites that we did. There will not be Townhomes in the backyard of anyone. These are single family detached lots fifty feet (50') wide. It is not going to be Orange Avenue — Winter Springs. Again, I take exception to the fact that this is a perversion of new urbanism. I designed this community and I am proud of the design and not ashamed of it. If you eliminate the Townhomes as I have stated, we are not coming anywhere meeting the intent, the spirit, or the spirit of the Town Center Comprehensive Plan." Chairman Poe closed the "Public Input" portion of this Agenda Item Discussion ensued on the specimen trees. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 22 OF 32 Mr. Stevenson commented, "I believe, and correct me if I am wrong Michael (Wadley) that Mr. Mingea was requested to go out and review this property based upon the [20]'03 tree plan and noted no substantial difference except for the fact that the hurricanes had taken down a number of trees. The hurricanes of [20]'04 had taken down a number of trees that were indicated on the [20]'03 tree survey. My suspicions are that if you do a new tree survey that you are going to find significantly less trees. But he did, before any work was done on the property, he did look at this particular site not only from the standpoint of cataloging those trees, but he also was the one that walked this property and catalogued the specimen trees to come with the figure to pay into the tree bank as he normally would." Discussion. Referencing the Tree Plan, Mr. Stevenson commented that, "Michael (Mingea) was on the property — and he updated it this year." Discussion ensued on the Early Work Permit. Mr. Fields stated, "The Staff was presented with the request by the Developer to proceed with a early work mass grading permit. We brought that request to the City Commission at the August 9 (2010) Meeting and as part of that Agenda Item, we laid out the pros and cons and we explained what was happening. It was clearly represented to the Commission that it was a total site clearing. They had a spirited discussion about those pros and cons and then they made a decision based on that." City Attorney Anthony A. Garganese commented, "In the course of eleven (11) years, there is no formal Public Hearing process tied to an Early Work Permit. They — are not a common occurrence in Winter Springs, but it was considered by the Commission and as Brian (Fields) said, they did have a spirited debate on it and they Approved it." Mr. Wadley stated, "The Assessment Report and actually if you recall this project started in 2004 and it had Final Engineering plans Approved in 2006 and the (St. John's River) Water Management District permits in hand and then the economy began to slide - and then Engle went bankrupt - but, my point of that is, and this was discussed at the Commission and they asked questions about it. The basic plan if you take the types of units off - it was originally Approved as all Townhomes. Everything was Townhomes, the road system was essentially the same. The ponds, stormwater areas essentially the same. So, there was really no change to what had been Approved, minor changes, to what had been Approved through Final Engineering and (St. John's River) Water Management District, and we began work under that permit that we had, fully permitted - and we had the tree assessment done and was in our preliminary Developers Agreement already prior to our clearing the site. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 23 OF 32 Mike (Mingea), Arborist had been on site from 2004 through the current time, and went back out to the site to see if conditions had changed where he would feel that we needed additional assessment. And as Randy (Stevenson) said that in 2004 with the hurricanes, a number of trees came down. So, the concession really was we were paying probably a higher rate then we would have done a new study, quite frankly." Board Member Casman inquired, "Was the notice to the Homeowner's Association, the registered letter, sent out before that August 9` (2010) Commission meeting ?" Mr. Wadley replied, "Yes sir." Mr. Wadley stated, "It was sent after we were advised to notify the residents before any construction began, which we did." Referencing the buffer, Board Member Casman asked, "What is between those properties ?" Mr. Wadley pointed out, "There is a double line right here. What that is, is the north will call it the top line is the property line of the St. John's Landing residents. The second line represents the five foot (5') piece of property that Schrimsher owned for a wall and maintenance easement. The trail is right here that is - thirty -five feet (35'). So combined that is forty feet (40'). Then there was - and it says fifty feet (50'). The additional ten feet (10') is the tree preservation that Meritage (Homes) has agreed to, and then - which would come to about right here. And then what was asked for by the Homeowner's was an additional ten feet (10')." Continuing, Mr. Wadley then added, "Here is the house pad right here. The ten feet (10') would be preserved along here. And in addition, from here to here there will be fifteen (15), four inch (4 ") oaks added to fill in any gaps or trees where it might be thin. There is still quite a bit of tree canopy here. But there is a commitment to locate those trees in the field to best provide additional screening. The ten feet (10') is right here and then if you take another ten feet (10') you are really cutting in to what those people have as a livable back yard, either to add a pool, patio areas or their yard area." Discussion. "I MAKE A MOTION WE DENY THE SPECIAL EXEMPTION REQUEST FOR NUMBER I." MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. BOARD MEMBER SCHWARZ STATED, "IS HE JUST DENYING THE FIRST ONE WITH THE REAR ALLEY, OR ALL THREE (3) ?" CHAIRMAN POE RESPONDED, "NO, WE ARE ONLY DEALING WITH ONE (1) ITEM, SPECIAL EXCEPTIONS ONLY." MR. STEVENSON COMMENTED, "THAT WOULD INCLUDE ALL THREE (3)." ATTORNEY GARGANESE STATED, "THERE ARE THREE (3) SPECIAL EXCEPTIONS." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 24 OF 32 BOARD MEMBER SCHWARZ, "I JUST NEEDED A CLARIFICATION. IF WE ARE DENYING ALL THREE (3) OR JUST DENYING NUMBER ONE (1)? ATTORNEY GARGANESE ADDED, "YES, THERE ARE THREE (3) LISTED ON THE AGENDA MR. CHAIRMAN; REAR LOADED ALLEYS, GARAGE SET - BACKS, AND CORNER CURB RADII GREATER THAN FIFTEEN FEET (15')." BOARD MEMBER CASMAN, "MY MOTION IS TO DENY ALL THREE (3) OF NUMBER I." CHAIRMAN POE, "IS THAT THE WAY YOU UNDERSTOOD IT MS. KARR ?" VICE CHAIRPERSON KARR, "I AM SORRY, NO, NO, NO. SO, I RETRACT MY SECOND." CHAIRMAN POE INQUIRED, "YOU WITHDRAW YOUR SECOND." CHAIRMAN POE, "I WILL REITERATE MR. CASMAN'S MOTION TO DENY THE SPECIAL EXCEPTIONS IN THEIR ENTIRETY ALL THREE (3) OF THEM. DO I HAVE A SECOND ?" MOTION FAILED FOR A LACK OF A SECOND. "I MAKE THE MOTION THAT WE APPROVE THE SPECIAL EXCEPTIONS." MOTION BY VICE CHAIRPERSON KARR. CHAIRMAN POE ASKED, "IN THEIR ENTIRETY MS. KARR ?" VICE CHAIRPERSON KARR STATED, "YES." MOTION FAILED FOR LACK OF A SECOND. "I WILL MAKE THE MOTION TO APPROVE THE SPECIAL EXCEPTION REQUEST IN THEIR ENTIRETY. ALL THREE (3)." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: NAY BOARD MEMBER SCHWARZ: NAY BOARD MEMBER PHILLIPS: NAY MOTION DID NOT CARRY. Attorney Garganese commented, "Mr. Chairman, I do not think you have an outcome on the Special Exceptions." Chairman Poe replied, "Vote 3 -2." Attorney Garganese then added, "3 -2 to not Approve in their entirety." Chairman Poe stated, "That is correct." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — JANUARY 5, 2011 PAGE 25 OF 32 Tape 3 /Side B Attorney Garganese asked, "Do I take that to mean that the Board is not inclined to Approve any of them ?" Chairman Poe responded, "That is the way I am reading their response." Attorney Garganese then added, "I just want that clear on the Record, because each Special Exception could stand on its own and we need to be clear in your recommendation to the Commission that you are denying them all in their entirety or you need to fair it out here whether or not, three (3) members of the Board might Approve, I guess, maximum two (2) because three (3) is not acceptable." Chairman Poe stated, "That being the case, my question of you Mr. Garganese, would be Vote on each of the Special Exceptions individually ?" Attorney Garganese replied, "My reading of the Board is that you do not have the required Votes to deny them all in their entirety or Approve them all in their entirety. I imply from that those two (2) Votes that there may be support for one (1) or two (2) of the Special Exceptions and if that is not the case, I think you need to clarify that in your recommendation." "I WOULD LIKE TO MAKE A MOTION THAT WE DENY SPECIAL EXCEPTION I. AND II. AND APPROVE SPECIAL EXCEPTION III." MOTION BY BOARD MEMBER SCHWARZ. DISCUSSION. CHAIRMAN POE, "WOULD YOU READ FOR THE BOARD WHICH THOSE EXCEPTIONS ARE RANDY (STEVENSON), PLEASE." MR. STEVENSON COMMENTED, "SPECIAL EXCEPTION NUMBER I. IS TO DELETE THE REQUIREMENT FOR REAR LOADED ALLEYS AND TO ALLOW LOTS FIFTY FEET (50') IN WIDTH FOR WHAT HAS BEEN TERMED THE ESTATE HOMES. THAT IS NUMBER ONE (1)" CHAIRMAN POE SAID, "SHE RECOMMENDED NOT APPROVING I. AND II. BUT APPROVING III. WAS THAT YOUR MOTION ?" BOARD MEMBER SCHWARZ, "THERE IS SOMETHING IN NUMBER I. THAT BOTHERS ME AND IT DOES NOT HAVE TO DO WITH THE ALLEY WAY." MR. STEVENSON, "NUMBER II. IF I MIGHT ?" "NUMBER II. IS THE TWENTY (20') FOOT SETBACK FROM THE FRONT OF WHAT HAS BEEN TERMED AS THE FRONT OF THE PORCH RATHER THAN FROM WHAT HAS BEEN DEFINED AS THE PRINCIPLE PLANE OF THE BUILDING FOR THE GARAGES FOR PURPOSES OF ALLOWING THOSE TO BE SET BACK AND TO HIDE THE CARS. AND THEN NUMBER III. IS THE CORNER CURB RADII GREATER THAN FIFTEEN FEET (15')." CHAIRMAN POE REMARKED, "...I THINK - FOR THE SAVING OF TIME." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 26 OF 32 "LET ME MAKE A MOTION TO APPROVE THE NUMBER I. EXCEPTION UNDER THE SPECIAL REQUESTS WHICH IS RANDY (STEVENSON) AND, IF YOU WOULD READ THAT ONE MORE TIME." MOTION BY CHAIRMAN POE. MR. STEVENSON STATED, "THAT IS TO DELETE THE REQUIREMENT FOR REAR LOADED ALLEYS ON THE ESTATE LOTS AND TO ALLOW THEM TO HAVE FRONT LOADED GARAGES AND TO ALLOW THE LOTS INSTEAD OF FIFTY -FIVE FEET (55') WIDE TO ALLOW THEM TO BE FIFTY FEET (50') WIDE. THEY GO TOGETHER THERE THEY ARE COMBINED IN THE CODE." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: NAY BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. Chairman Poe asked, "Do I have a Motion on item II., under the Special Exceptions? Randy (Stevenson) if you would read that." Mr. Stevenson stated, "The Special Exception request number II. is to allow the setback for front loaded garages to be twenty feet (20') from the raised plane of the front porch rather than twenty feet (20') back what has been termed the principle plane of the building which is where the windows and doors are inside of that porch if you will." "I MAKE A MOTION TO DENY SPECIAL EXCEPTION NUMBER II." MOTION BY BOARD MEMBER SCHWARZ. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VICE CHAIRPERSON KARR INQUIRED, "I AM ASKING WHAT THEIR EXCEPTION IS TO IT." BOARD MEMBER SCHWARZ COMMENTED, "THEY WANT TO USE THE PORCH LINE AS THE MARKING POINT FOR THE DRIVEWAY INSTEAD OF PRIMARY PLANE OF THE BUILDING ITSELF." VICE CHAIRPERSON KARR THEN ASKED, "AND YOUR OBJECTION TO THAT IS ?" CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 27 OF 32 BOARD MEMBER SCHWARZ REPLIED, "THEY ARE NOT USING THE PRIMARY PLANE OF THE BUILDING ITSELF. THAT IS THE CODE ON AN ESTATE HOME." DISCUSSION. BOARD MEMBER SCHWARZ MENTIONED, "I AM SAYING IF THESE ARE ESTATE HOMES I THINK THEY SHOULD FOLLOW THE CODE OF THE TWENTY FOOT (20') REQUIREMENT OFF THE PRIMARY PLANE OF THE BUILDING." CHAIRMAN POE SAID, "AND SHE IN HER RECOMMENDATION IS RECOMMENDING DISAPPROVAL AND MR. CASMAN HAS SECONDED THAT MOTION. DO YOU NEED ADDITIONAL CLARIFICATION MS. KARR ?" VICE CHAIRPERSON KARR THEN STATED, "WHAT IS THE DIFFERENCE IN THE SETBACK BETWEEN WHAT IS THE EXCEPTION AND REGULAR? THE DIFFERENCE BETWEEN THE FRONT OF THE HOUSE AND THE GARAGE ?" MR. STEVENSON EXPLAINED, "DEPENDING UPON THE STYLE OF THE HOUSE IT COULD BE AS MUCH TEN (10') OR ELEVEN FEET (11') I BELIEVE." BOARD MEMBER SCHWARZ ASKED, "THE QUESTION TO ME WOULD BE WHAT IS THE DEPTH OF THE PORCH? AND THAT IS WHAT YOU ARE LOSING." MR. STEVENSON STATED, "WHAT IS THE DEEPEST PORCH; THAT IS WHAT WE ARE ASKING." VICE CHAIRPERSON KARR ASKED, "BUT YOU WOULD NOT OBJECT TO IT IF IT WERE CHANGED TO THE DIFFERENT SET BACK? IS THAT CORRECT ?" BOARD MEMBER SCHWARZ STATED, "IF I DID NOT OBJECT TO IT, IT WOULD NOT BE A SPECIAL EXCEPTION AND WE WOULD NOT EVEN BE DISCUSSING IT." CHAIRMAN POE STATED, "IT IS IN THE CODE. THE TOWN CENTER CODE." CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 28 OF 32 MR. STEVENSON EXPLAINED, "JUST BY WAY OF EXPLANATION THERE IS NEVER LESS THEN TWENTY FEET (20') FROM THE FRONT OF THE PORCH TO THE GARAGE. AND IT APPEARS THAT THOSE FRONT PORCHES VARY BUT THE DEEPEST ONE I BELIEVE I AM LOOKING AT IS TEN FOOT (10'), EIGHT INCHES (8 ") AS FAR AS THE FRONT PORCH IS CONCERNED." BOARD MEMBER SCHWARZ THEN ASKED, "SO YOU WOULD HAVE A THIRTY FOOT (30') BUFFER TO SCREEN CARS ?" MR. STEVENSON RESPONDED, "IF THEY WERE SETBACK TWENTY FEET (20') FROM WHAT IS CALLED THE PRINCIPLE PLANE." BOARD MEMBER SCHWARZ COMMENTED, "THE GARAGE WOULD BE SET BACK FURTHER ?" CONTINUING, MR. STEVENSON THEN ADDED, "THE TWENTY FEET (20') JUST SO EVERYONE UNDERSTANDS, IF YOU LOOK AT THE PLAN IS FROM THE FRONT PORCH, EDGE OF THE FRONT PORCH WHERE THE STEPS COME OFF THE SIDE WALK TWENTY FEET (20') BEHIND THAT." BOARD MEMBER PHILLIPS ASKED MR. STEVENSON, "WOULD THERE BE ROOM FOR A CAR IN THE DRIVEWAY AFTER THAT ?" MR. STEVENSON REPLIED, "YES, THE DRIVEWAYS ARE MINIMUM, YOU GOT TO UNDERSTAND FROM THE FRONT PORCH TO THAT GARAGE IS A MINIMUM TWENTY FOOT (20') OF DRIVEWAY AND BEYOND THAT YOU GOT SIDEWALK, PLANTING AREA AND CURB AREA." BOARD MEMBER PHILLIPS THEN ASKED, "I AM SAYING IF YOU ACTUALLY BROUGHT THE GARAGE UP TOWARDS THE FRONT OF THE PORCH? WAS THERE ANY DRIVEWAY LEFT ?" MR. STEVENSON RESPONDED, "THERE WOULD BE VERY LITTLE BUT THAT IS NOT WHAT THEY ARE REQUESTING. THEY ARE REQUESTING TO HAVE IT TWENTY FEET (20') BEHIND THE FRONT PORCH." VOTE: BOARD MEMBER SCHWARZ: AYE VICE CHAIRPERSON KARR: NAY CHAIRMAN POE: NAY BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 29 OF 32 "I WILL MAKE THE MOTION TO APPROVE THE SECOND EXCEPTION UNDER THE SPECIAL EXCEPTIONS." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER CASMAN: NAY VICE CHAIRPERSON KARR: AYE BOARD MEMBER SCHWARZ: NAY BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. Chairman Poe stated, "That brings us to the third item under Special Exceptions, which is the Radii." "AND FOR SAFETY PURPOSES, I WILL BE THE ONE TO RECOMMEND APPROVAL FOR THAT EXCEPTION." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER SCHWARZ. DISCUSSION. VOTE: BOARD MEMBER CASMAN: NAY VICE CHAIRPERSON KARR: AYE BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE MOTION CARRIED. "I MAKE A MOTION TO DENY THE AESTHETIC REVIEW AND GIVE THE CITY COMMISSION A RECOMMENDATION REGARDING THE REMOVAL OF THE TOWNHOMES OR IS THAT FINAL ENGINEERING ?" MOTION BY BOARD MEMBER SCHWARZ. BOARD MEMBER SCHWARZ ADDED, "OR TO IMPROVE THE AESTHETICS OF THE TOWNHOMES?" MR. STEVENSON STATED, "THAT WOULD BE BOTH ACTUALLY. NOW YOU ARE MODIFYING THE FINAL ENGINEERING." CHAIRMAN POE, "SO YOUR MOTION IS TO... ?" BOARD MEMBER SCHWARZ REPLIED, "...DENY THE AESTHETIC REVIEW." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 5, 2011 PAGE 30 OF 32 ATTORNEY GARGANESE ASKED, "IS THAT JUST WITH RESPECT TO THE TOWNHOMES? JUST FOR CLARIFICATION." BOARD MEMBER PHILLIPS RESPONDED, "I WOULD SAY THE TOWNHOMES AND ALSO THE LANDSCAPE, TREES." MR. STEVENSON STATED, "I BELIEVE THE TREES ARE GOING TO BE THE ENGINEERING. THIS IS JUST THE ARCHITECT THAT YOU LOOKED AT." VOTE: BOARD MEMBER SCHWARZ: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. "I MAKE A MOTION TO DENY THE FINAL ENGINEERING IN RELATION TO THE TREE CANOPY AND THE PARKING ON TUSKAWILLA ROAD." MOTION BY BOARD MEMBER SCHWARZ. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. ATTORNEY GARGANESE STATED, "YOU HAD MENTIONED THE TOWNHOMES IN THE PREVIOUS MOTION." DISCUSSION. MR. STEVENSON COMMENTED, "I WOULD THINK YOU WOULD MEAN THE INCLUSION OF TOWNHOMES ON THE SITE PLAN." CHAIRMAN POE ASKED, "MR. PHILLIPS YOU SECONDED THAT MOTION ?" BOARD MEMBER PHILLIPS REPLIED, "NO, I AM GOING TO PULL THAT." CHAIRMAN POE REITERATED, "YOU ARE GOING TO WITHDRAW IT ?" BOARD MEMBER PHILLIPS CONFIRMED, "WITHDRAW IT." CHAIRMAN POE ASKED, "DO I HAVE A SECOND ?" "I WILL SECOND IT." SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. BOARD MEMBER SCHWARZ ASKED, "IS IT APPROPRIATE FOR ME TO ASK WHY MR. PHILLIPS WITHDREW? DID I ADD SOMETHING THAT.. ?" CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2011 PAGE 31 OF 32 BOARD MEMBER PHILLIPS EXPLAINED, "...WELL, I BELIEVE THE CODE SAYS THAT YOU CAN HAVE TOWNHOMES THERE, SO I THINK WE CAN CHANGE THE APPEARANCE OF IT AND CHANGE THE LANDSCAPE TO MAKE THE APPEARANCE NICER. BUT THE RIGHT FOR THEM TO BE THERE, UNFORTUNATELY, THAT IS THEIR CODE. NOT THAT I LIKE IT AT ALL, BUT THEY HAVE THE RIGHT TO BE THERE, AND SO I CAN NOT GO ALONG WITH SAYING THAT THEY CAN NOT BE THERE. I DID NOT WRITE THE CODE." BOARD MEMBER SCHWARZ COMMENTED, "I KNOW BUT I DID NOT ENVISION A CODE ON FORTY (40) ACRES HAVING TOTAL MIX USE." BOARD MEMBER PHILLIPS ADDED, "I AGREE." MR. STEVENSON EXPLAINED, "POLICY 2.2.4. MIXED USES IN YOUR COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT PERMIT A VARIETY OF MIXED USES CONSISTENT AND COMPATIBLE AND IN HARMONY WITH THE TOWN CENTER GOAL INCLUDING SINGLE FAMILY RESIDENTIAL, MULTI FAMILY RESIDENTIAL, COMMERCIAL RETAIL AND SERVICES, PUBLIC SERVICES, BUILDINGS, PARKS, SCHOOLS THROUGHOUT THE ENACTMENT OF CREATIVE AND FLEXIBLE LAND DEVELOPMENT REGULATIONS." BOARD MEMBER SCHWARZ REPLIED, "YES, I UNDERSTAND THAT, BUT NOT ON ONE (1) PARCEL; NOT IN A VILLAGE; NOT A TRANSITION." MR. STEVENSON THEN EXPLAINED, "PLEASE UNDERSTAND AND I THINK THAT IF ALL OF ONE (1) USE IS ON ONE (1) PARCEL IT IS NOT A MIXED USE DEVELOPMENT." DISCUSSION. CHAIRMAN POE REREAD THE MOTION AS, "MOTION TO DISAPPROVE FINAL ENGINEERING PLAN BASED UPON TREE CANOPY, PARKING ON TUSKAWILLA ROAD AND THE..." BOARD MEMBER SCHWARZ ADDED, "...AND THE TOWNHOMES." VOTE: BOARD MEMBER PHILLIPS: NAY CHAIRMAN POE: NAY BOARD MEMBER CASMAN: AYE VICE CHAIRPERSON KARR: NAY BOARD MEMBER SCHWARZ: AYE MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA OFFICIAL MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — JANUARY 5, 2011 PAGE 32 OF 32 "I MAKE A MOTION THAT WE DENY FINAL ENGINEERING BASED ON THE TOWN ON PARKING AND TREES." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. FOR CLARIFICATION, ATTORNEY GARGANESE ASKED, "IS THAT YOUR INTENT BECAUSE YOU JUST SAID PARKING ?" BOARD MEMBER CASMAN REPLIED, "I MEANT PARKING ON TUSKAWILLA (ROAD). THAT WAS MY INTENT." VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER SCHWARZ: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. REGULAR AGENDA - PART II REGULAR 602. Not Used. ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 11:15 p.m. RESPECTFULLY SUBMITTED: CAROL LALLATHIN, ASSISTANT TO THE CITY CLERK AND .02? J AN L. BROWN PUTY CITY CLERK APPRS D: �__.._.. I boA4111, 'vat ' iv . POE, CHAIRMAN PLANN G AND ZONING BOARD /LO AL PLANNING AGENCY NOTE: These Minutes were approved at the April 6, 2011 Planning And Zoning Board /Local Planning Agency Regular Meeting.