Loading...
HomeMy WebLinkAbout2013 05 01 Planning and Zoning Board/LPA Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING MAY 1, 2013 CALL TO ORDER The Regular Meeting of Wednesday, May 1, 2013 of the Planning And Zoning Board /Local Planning Agency was called to Order at 5.30 p.m. by 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: Chairman William H. Poe, present Vice Chairman Bob Henderson, present Board Member Howard Casman, present Board Member Bart Phillips, present Board Member Suzanne Walker, present Deputy City Clerk Sarah Hart, present There was a silent invocation followed by the Pledge Chairman Bob Henderson. Chairman Poe gave thanks to his service in the Air Force as a Captain. No agenda changes were noted. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA of Allegiance, led by Vice Vice Chairman Henderson for CONSENT 200. Office Of The City Clerk Requesting Approval Of The July 11, 2012 Planning And Zoning Board/Local Planning Agency Special Meeting Minutes. Chairman Poe stated, "The Chair will entertain a Motion with regard to those Minutes." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1, 2013 PAGE 2 OF 10 "I'LL MAKE THE MOTION TO APROVE." MOTION BY BOARD MEMBER BART PHILLIPS. SECONDED BY CHAIRMAN POE. DISCUSSION. VOTE: CHAIRMAN POE: AYE VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CONSENT 201. Office Of The City Clerk Requesting Approval Of The April 3, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I'LL MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER SUZANNE WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used 400. REPORTS No Reports were given. PUBLIC INPUT Chairman Poe opened "Public Input ". CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1, 2013 PAGE 3 OF 10 No one addressed the Board. Chairman Poe closed "Public Input ". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests That The Planning and Zoning Board Hold A Public Hearing To Consider Ordinance 2013 -07, Which Proposes To Annex One Parcel Totaling Approximately 4.4 Acres, Generally Located On The Northwest Corner Of The Intersection Of Deleon Street And Florida Avenue. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item and said, "If you recall I believe in November of last year (2012), we had Weaver and Toledo Rezoning and Future Land Use Amendment. That is what's becoming Southern Oaks. It's a project that's being developed jointly in the City of Oviedo and in the City of Winter Springs. So annexation of this parcel would allow for the development of a stormwater pond which would service the whole development." Continuing, Mr. Howell mentioned that the City of Winter Springs is working with Seminole County on the proposed annexation; and that the County of Seminole has some objections to a few of the proposed Uses on the property, but is not opposed to the annexation. Mr. Howell added that meetings between Winter Springs, Seminole County and the Applicant are ongoing to try to resolve some of the issues. Mr. Howell pointed out that "The right -of -way of Florida Avenue is proposed for vacation in Seminole County on June 11, (2013). The Board of County Commissioners will be considering at their hearing on June 11, (2013). The Florida Avenue is currently a platted right -of -way. There's no road developed on it so it's technically termed as a paper right -of -way. Once this is vacated, the owner will get the right -of -way and then they will petition to annex that Right of Way into the City. We won't be presenting this item to the City Commission until such time that the Florida Avenue right -of -way has been vacated to the County and that's some time after June 11, (2013)." Concluding, Mr. Howell said, "Staff recommends approval and if you have any questions, I will be happy to answer them." Board Member Howard Casman asked, "Why are we going to approve this before we get the County to approve what will be put on it ?" Mr. Howell responded, "The Applicant requested to have this hearing tonight and that's why we are here." Board Member Suzanne Walker asked, "What were some of the objections to the Uses by Seminole County - why were they objecting to those Uses ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1, 2013 PAGE 4 OF 10 Mr. Howell replied, "The letter that they sent us was kind of vague. It did not explain exactly why. It says that they are not objecting to the annexation but that some of the Uses cannot be accommodated with the Future Land Use Designations that are on the subject property as of right now which is the `R3', Rural 3 Designation." Board Member Walker continued, "I would tend to agree that perhaps it would be better if we waited for Seminole County to approve it (right -of -way vacation) because then it would be more clear." Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the Board and explained, "The properties that are on the west side of Deleon Street North of (State Road) 434, it is a priority for the City. We felt like it was important that those be in the City of Winter Springs. So, even though this is a little ahead of where — we would like to have all that complete information — we have an Applicant who owns the property who's willing to annex it into the City and we felt it would be prudent to move that through the process; even with some of those pieces of information incomplete." Board Member Walker added, "In other words, the annexation is not really an issue nor would the Uses be an issue; that the Uses can be decided at a later time ?" Mr. Fields responded, "Yes." Board Member Phillips concurred with what Board Member Walker said. Vice Chairman Henderson asked, "Is this annexation going to go before the City Commission before you've got the vacated Florida Avenue? Mr. Howell pointed out, "No, Sir. I believe what they will do is they will incorporate when you vacate right -of- way, half goes to one (1) side — half would go here and half would go here. The same property owner owns all of this so what they will do is they will create a legal description that includes the Florida Avenue right -of- way." Vice Chairman Henderson continued, "Are you going to have to come back to us with that or are we at this time going to approve that ?" Mr. Howell stated, "It is my understanding from the City Attorney that we would just be voting on what is on the property tonight." Vice Chairman Henderson then asked if this will come back before going to City Commission again. Mr. Howell responded, "That could be a potential." With Discussion on possible Uses being approved or not, Mr. Fields explained, "Let me separate it into two (2) components. One is annexing the land being within the City of Winter Springs City Limits, step one (1). Then, step two (2) is we have a Developer that wants to use it for a certain purpose. We think it's going to be a stormwater pond. There may be some objection to that but — even if that — held up the process, or there was some dispute over that Use, it's still beneficial to bring that property into our City limits due to — its geography to this area." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1, 2013 PAGE 5 OF 10 Board Member Casman said, "So what we are essentially doing is just voting for the annexation tonight ?" Mr. Fields answered, "Yes." Chairman Poe continued and stated, "We are drawing the line between us (City of Winter Springs) and Oviedo at the Deleon — at that particular location. We have said we are not going to go into their area; they're not going to go into ours. But some of those pieces of property do belong to the County. The County does have final decision with regard to — we have a purpose for it, they may have a different purpose for it. But what we are discussing tonight is nothing more than annexing it into the City of Winter Springs. Is that correct ?" Mr. Howell replied, "Yes, that is correct. You're voting on the annexation of the property. The right -of -way vacation and the Use. The objection letter that the County imposed for some of the Uses on the property is a separate issue all together." Chairman Poe stated, "The Chair will entertain a Motion with regard to Item `500'." "MOTION TO APPROVE." MOTION BY VICE CHAIRMAN HENDERSON. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. Chairman Poe opened "Public Input ". No one spoke. Chairman Poe closed "Public Input ". VOTE: BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE VICE CHAIRMAN HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division Requests The Planning And Zoning Board Hold A Public Hearing For The Approval Of The Final Engineering Plans for RaceTrac Convenience Store And Gas Station, Located South Of The Intersection Of US 17 -92 and SR 419. Mr. Howell began with his comments on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1, 2013 PAGE 6 OF 10 Continuing with his presentation, Mr. Howell remarked, "You might recall a couple of months ago at your meeting (Planning and Zoning Board /Local Planning Agency) you voted to Annex three (3) parcels that become part of this project in addition to the old Hess Station site." Continuing, Mr. Howell said, "Staff recommends approval subject to the satisfaction of the attached comments." With remarks about the road being wide enough, Mr. Fields pointed out, "There is an existing center turn lane on State Road 419 and FDOT (Florida Department of Transportation) is the approval authority for the driveway location as shown here. We had some questions with that in review and it has been worked out. There is an adequate turn lane without additional widening of State Road 419." Mr. Bryan Potts, P.E., Principal Engineer, Tannath Design, Inc., 2494 Rose Spring Drive, Orlando, Florida: said that they agree with Staff and that they are looking forward to this project. Chairman Poe asked, "On the access off of State Road 419, the current access is extremely steep. As I understand, that is going to be leveled somewhat, going to be a lower level." Mr. Fields noted, "The entire site is being regraded. We've reviewed all the driveway slopes. They're satisfactory. Nothing that I saw that's less than about or more than about maybe a three percent (3 %) slope so I think that condition is being removed with the project." Board Member Phillips questioned Mr. Fields about the entrance saying, "Is the entrance in exactly the same - it looks like on this map that it might be a little bit farther to the East." Responding, Mr. Fields stated that, "The entrance is shifted further away from the [U.S. Highway] 17/92 intersection based on the geometry of our site. One other thing that I would like to mention to you guys, and it's in the plans that I re- submitted to Bryan (Potts); in our negotiations with DOT (Florida Department of Transportation), they decided that the right end driveway closest to [U.S. Highway] 17/92 was unacceptable, so it's been removed. I would think that's just an improvement to the access. But it's in the plans that Bryan (Potts) has. I just wanted to point that out." Chairman Poe stated, "The Chair will entertain a Motion with regard to Item `501'." "I WILL MAKE THE MOTION TO APPROVE." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER GASMAN. DISCUSSION Clarifying, Chairman Poe stated, "Is that with the outstanding staff review comments ?" Board Member Philips responded, "Yes." Chairman Poe opened "Public Input ". No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY" REGULAR MEETING - MAY 1, 2013 PAGE 7 OF 10 Chairman Poe closed "Public Input ". VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department — Planning Division Requests The Planning And Zoning Board Hold A Public Hearing To Consider The Aesthetic Review for RaceTrac Convenience Store And Gas Station, Located South Of The Intersection Of US 17 -92 And SR 419. Mr. Howell, began with his presentation and noted, "The Applicant worked with us originally at the back of the building that fronted (State Road) 419 was very blank. We worked with them to providing some windows, some faux window treatments on the rear of the building; some awnings on the back of the building that fronts (State Road) 419." "The architecture is consistent with what was presented in the Annexation Agreement which the City Commission approved on March 11, 2013. The Annexation Agreement controls building architecture and site signage — this is consistent with what was in that agreement." Continuing, Mr. Howell said, "We recommend approval and that is the conclusion of my presentation." Vice Chairman Henderson asked, "There was a question on the size of the Signage. Has that been resolved ?" Mr. Howell responded, "That was resolved in the Annexation Agreement. The Annexation Agreement dictates the size of the signage and everything else." Chairman Poe opened "Public Input ". No one spoke. Chairman Poe closed "Public Input". "I WILL MAKE THE MOTION TO APPROVE ITEM `502'." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRMAN HENDERSON. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1, 2013 PAGE 8 OF 10 VOTE: BOARD MEMBER WALKER: AYE CHAIRMAN POE: AYE VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department — Planning Division Requests The Planning And Zoning Board Hold A Public Hearing To Consider A Newly Proposed PUD Master Plan And The Preliminary Subdivision Plan For Seven Oaks, Located On The South Side Of Sheppard Road, North Of Florida Avenue, East Of Boat Lake. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item for discussion and said, "I provided a copy of the May 1, 2013 DRC (Development Review Committee) Response Letter for the project in reference to Item `503'. The letter basically contains minor engineering issues which the Applicant is currently addressing." Continuing, Mr. Woodruff said, "The Applicant, as I mentioned earlier, has worked with the City Engineer in regards to the comments before you. In addition, they were able to add one (1) additional lot and a larger amenity area with parking and mail kiosk." Concluding his presentation, Mr. Woodruff stated, "I will be happy to answer any questions that the Board may have and both the Staff and the Applicant are here to address your questions." Board Member Walker asked, "What kind of commercial development will be fronting Shepard Road and will there be any division between the Subdivision and the Commercial property. Mr. Woodruff responded, "It is our understanding again that the commercial property will have frontage directly on Shepard (Road). As to what commercial that will be, again, that has not been determined at this time." Vice Chairman Henderson asked about access to Florida Avenue, noting, "At the present time, Florida Avenue does not need any changes and I was wondering if there was any anticipation of any widening or any changes on Florida Avenue since that's obviously going to be one of the main in and out's for this subdivision, for the PUD (Planned Unit Development) ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - MAY 1, 2013 PAGE 9 OF 10 Mr. Fields pointed out, "At this time, no improvements are planned on Florida Avenue. However, we just received the Traffic Impact Study. It's normally required with Final Engineering, and that is something that will be evaluated in detail to see if it has the facilities to support the additional traffic. So, subject to review at this time, nothing planned." Discussion continued. Board Member Henderson asked, "Do you anticipate any kind of a fence or any separation between those retention ponds and the power easement ?" Mr. David Evans, Evans Engineering, Inc., 715 Irma Avenue, Orlando, Florida: stated that there is no currently plan to put up a fence because the retention ponds meet the minimum slope requirements to be non - fenced. Typically they may have some protection in the future on the boundary around the edge of the pond. Board Member Casman said to Mr. Woodruff, "You have submitted a gate request for the Applicant to address to get their Final Engineering done. Are these in stone, they have to be done? Or is he going to negotiate with you and possibly some of these are not going to be as you want them ?" Mr. Woodruff asked, "Are you referencing the DRC (Development Review Committee) letter ?" To which Board Member Casman replied, "Yes." Continuing, Mr. Woodruff said, "It is my understanding that they will be addressed and they will again be incorporated into the Final Engineering Plans that will come before you at a later date." Board Member Phillips asked, "To the South, it looks like it was used for some industrial use back there. Is there any type of blockage from the industrial that's there? Mr. Dante Fraiegari, Meritage Homes, 5337 Millenia Lakes Boulevard, Orlando, Florida: noted that they plan on fencing that lower half of the industrial area that was spoke of with some type of a barrier, perhaps a six foot (6) vinyl PVC (Polyvinyl chloride) fence with potentially some type of landscaping, but that there will be a barrier along the perimeter of that South half and the out parcel for the benefit of the residents and the project. Board Member Phillips asked, "Is that in the County or in the City (Winter Springs)? Mr. Howell confirmed that it was in the County. Mr. Woodruff continued by saying, "The plans do identify again that screen -wall Easement that will run along lot 1 and then also lots 134 through 137 on Florida Avenue." Chairman Poe opened "Public Input". Mr. Henderson asked that his comments be included as part of the Record and stated, "I happen to be in residence as an abutter. I don't see any conflict of interest at all, but I just wanted to put that on the Record." Chairman Poe closed "Public Input ". CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — MAY 1, 2013 PAGE I O OF 10 "I'D LIKE TO PUT FORTH A MOTION TO APPROVE ITEM `503'." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY VICE CHAIRMAN HENDERSON. DISUCSSION. VOTE: CHAIRMAN POE: AYE VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairman Poe opened "Public Input". No one spoke. Chairman Poe closed "Public Input ". ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 6:03 p.m. UBMITTED: CLERK WIDLIAM H% POE, C} iAfRMAN PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the June 5, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting.