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HomeMy WebLinkAbout2009 03 23 Public Hearing 502 First Reading Ordinance 2009-02 Motor VehiclesCITY COMMISSION AGENDA ITEM 502 March 23, 2009 Meeting Consent Informational Public Hearin X Re ular MG /DEPT REQUEST: The City Attorney's Office and Community Development Department request the City Commission hold a public hearing for the first reading of Ordinance 2009-02, which revises the Chapter 20, Division 2, Motor Vehicles portion of the City Code, to prohibit parking vehicles on sidewalks and in front yards. PURPOSE: To add appropriate text to the Code of Ordinances, creating Section 20-438, prohibiting parking vehicles in front yards or on the sidewalk. APPLICABLE LAW AND PUBLIC POLICY: Americans with Disabilities Act of 1990 Florida Municipal Home Rule Powers Act. Chapter 553, Florida Statutes Chapter 316, Florida Statutes. State Uniform Traffic Control. Subsection 166.041(3)(c), Florida Statutes. Section 163.3174, Florida Statutes, Local planning agency. Section 163.3194, Florida Statute, Legal status of comprehensive plan. Florida Building Code (Chapter 11). City Comprehensive Plan Winter Springs Charter Section 4.15 Ordinances in General. CONSIDERATIONS: The City has experienced an increase in the average number of vehicles per residence, most likely due to the growth of families and a corresponding increase in the number of drivers per household. The enforcement of the City's on-street parking prohibition has in many cases resulted in moving March 23, 2009 PUBLIC HEARING ITEM 502 Page ~ 2 parked vehicles from the roads to yards, which currently is not a violation of City Code. The occurrence of front yard parking has become an increasingly important concern in many City neighborhoods. If allowed to continue, parking on yards is likely to increase and other blighting factors may soon follow. Over time, grass and ground cover will deteriorate from repetitious driving, creating unsightly yards and increased potential for sediment runoff. Code Enforcement has observed that vehicles parked in yards, including the survey area are remaining there even when the driveways are empty throughout the day, and this creates a perception of an unkempt neighborhood. Another problem created by parking in yards is the increased potential for broken curbs and sidewalks as vehicles drive in and out of yards. In order to prohibit parking in the yards, the Police Department considered how to accommodate the parking demands at multi-vehicle residences and for normal visitor parking. On-street parking is already taking place in some City neighborhoods with limited problems, such as blocked or obstructed roadways by delivery, yard care, or personal vehicles. The Police Department still has to frequently contend with on-street parking problems on streets too narrow to safely support on-street parking (at least on both sides) or in response to resident complaints. Current Parking on the Roadway Surface: Under the City's current parking regulations, parking is prohibited on any roadway, except as follows (City Code Subsection 12-65 (1) and Section 17-1): 1. "Parking of vehicles on roadways may be expressly authorized by City Code within a particular zoning district. 2. The city commission may on a case-by-case basis establish site specific parking zones on roadways for vehicles. Such parking zones shall be established by resolution at a public hearing.. . 3. The city commission my temporary [sic] suspend by resolution, the prohibition of parking vehicles on any roadway for emergencies, special events, or other public purposes. The resolution shall identify the dates, time and name of the roadway9s) or portion thereof which parking of vehicles shall be allowed." Parking on the Sidewalk: Parking on the sidewalk is prohibited by both state law and the City Code. Subsection 316.003 (47), Florida Statutes, defines a "sidewalk" to be "That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians." Subsection 316.003 (53) (a), Florida Statutes, defines "street or highway" as "The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for public purposes of vehicular traffic." A portion of Subsection 316.1945 (1), Florida Statutes, states "Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, stand, or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. 2. On a sidewalk." March 23, 2009 PUBLIC HEARING ITEM 502 Page ~ 3 Since the definition of "street" encompasses the "sidewalk," Subsection 316.2045 (1), Florida Statutes, demonstrates the legislative prescription for pedestrian protection, stating "It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street...or by endangering the safe movement of vehicles or pedestrians traveling thereon..." State law clearly directs pedestrians to walk on the sidewalks (where available) and out of vehicular traffic, except where it is not possible or reasonable. Subsection 316.130 (3), Florida Statutes, states "Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic." Chapter 11 of the Florida Building Code incorporates Sections 553.501 through 553.513, Florida Statutes, (the "Florida Americans With Disabilities Accessibility Implementation Act "). This incorporates the federal Americans with Disabilities Act of 1990. The Florida Building Code provides standards and requirements for sidewalks, curb ramps, etc. Chapter 11 makes multiple references to a minimum accessible width of 36 inches for constricted areas (e.g. 11-4.7.3 & 11- 4.8.3). Parked vehicle overhangs are not to reduce the clear width of an accessible pedestrian route. The Transportation Element of the City's comprehensive plan addresses safe sidewalks and pedestrian systems. Objective 1.5 and its associated policies (please see Attachment "C") defend and promote safe, convenient, and efficient pedestrian ways and sidewalks. Most pertinent to this discussion are Objective 1.5, Policy 1.5.1, Policy 1.5.3, and 1.5.11. Section 163.3194, Florida Statutes, requires "All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan, or element, or portion thereof..." Section 163.3177, Florida Statutes, requires the Local Planning Agency to review proposed land development regulations, land development codes, or amendments thereto and make recommendations to the City Commission as to the consistency of the proposal with the adopted comprehensive plan, or element, or portion thereof. Rule 9J-5.023, Florida Administrative Code, sets forth Criteria for determining consistency of land development regulations with the Comprehensive Plan -within the responsibilities of the Local Planning Agency. It states that the LPA shall make a determination of consistency of a land development regulation with the comprehensive plan will be based upon whether the land development regulations are compatible with the comprehensive plan, further the comprehensive plan, and implement the comprehensive plan. The term "compatible" means that the land development regulations are not in conflict with the comprehensive plan. The term "further" means that the land development regulations take action in the direction of realizing goals or policies of the comprehensive plan. The City Code does not define either a "driveway" or "sidewalk." Section 9-299 of the Code depicts a construction diagram for a driveway, but this is not to be used to define a driveway or a March 23, 2009 PUBLIC HEARING ITEM 502 Page ~ 4 sidewalk - it is a construction diagram and nothing more. Sections 12-65 and 17-1 of the City Code prohibit parking on or obstructing the sidewalk, which is consistent with Section 316.1945, Florida Statutes. Section 9-276 of the Code defines "off-street parking space" and Section 9-277 sets forth off-street parking requirements for single-family and multi-family housing. Section 9-278 allows parking spaces to be gravel or hard-surfaced. Parking Study: The Police Department conducted a 9 month comprehensive study of on street parking, yard parking and its effects in Oak Forest, Mt. Greenwood Units 1&2, and North Orlando Terrace from February 18, 2008 to November 18, 2008. This study included on street parking, removing vehicles from yards and a questionnaire survey. The survey included questions such as preference of on street parking, yard parking and use of garages. They also examined both the pre and post effects of parking citations, traffic citations and traffic crashes as well in the study area. A complete analysis was done for each of these neighborhoods. The analysis revealed two issues related to parking in the yards that directly impact each other. First, the City has a growing problem with increasing numbers of vehicles being parked in front or side yards fronting the street, which is unsightly and contributes to neighborhood blight. Currently, the City code only prohibits parking on right-of--ways and streets (with exceptions as noted previously). By amending the City Code to include no parking on front or side yards unless on an approved impervious parking surface, the City would stop the deterioration of ground cover, curbs, sidewalks, and neighborhood blight. Second, the number ofmulti-vehicle residences in the City has increased. With the City's current lift of prohibition for on-street parking in the studied areas, these residences experienced very little to no problems of where to park additional vehicles to comply with the City Code and removed vehicles from yards. It should be noted that several Homeowners Associations within the City already have bylaws in place prohibiting on-street parking. Commission Directive: Staff provided three (3) alternative recommendations to the City Commission at a special December 15, 2008 Commission meeting (l .Prohibit parking in yards and allow on-street parking where supported, 2. Prohibit parking in yards and allow no on-street parking beyond current regulations, and 3. Prohibit parking in yards and continue to allow on- street parking in selected subdivisions for continued evaluation). The Commission voted unanimously to adopt alternative number 3: prohibiting parking in yards and continue to allow on-street parking in selected subdivisions for continued evaluation. The commission vote further directed staff to expand the neighborhoods that will be surveyed. March 4, 2009 LPA/P&Z: At the March 4, 2009 LPA/P&Z, the staff provided two (2) draft ordinances, at the City Attorney's direction. One draft allowed vehicles to park in the driveways across public sidewalks and the other prohibited parking across sidewalks. The LPA/P&Z voted to table to time certain, March 10, 2009, and directed staff to work on a clear recommendation. March 23, 2009 PUBLIC HEARING ITEM 502 Page ~ 5 Staff Response: Staff (Community Development, Public Works, and Police) met on Thursday, March 5, 2009 and discussed the primary public safety issues at stake: (1) blocking the roadway surfaces from emergency vehicle access and (2) blocking the sidewalks from use by pedestrians and the mobility impaired (particularly the very old, the very young, and the disabled or otherwise mobility-impaired). Planning staff met with the City Attorney on Friday, March 6, 2009, reviewing the statutory and comprehensive plan provisions as well as the large number of unpaved driveways within the City. The City Attorney stated he would review the applicable Americans With Disabilities Act provisions and amend the draft. LPA/P&Z Action: At a special LPA/P&Z meeting on March 10, 2009, the LPA removed the item from the table, conducted a public hearing, and voted 3-0 to recommend the modified ordinance 2009-02 to the Commission for approval. FINDINGS: 1. There is a growing problem within the City of persons parking vehicles within residential front yards that were intended to be green space or over sidewalks for pedestrian traffic. 2. Preserving the green space areas of front yards is necessary to preserve the residential character, integrity, and unique aesthetic qualities of neighborhoods within the City. 3. It is within the City's inherent police power to protect the public health, safety, and welfare by maintaining sidewalks free of vehicular obstruction. 4. Florida has long recognized that local governments may legislate the appearance of their communities and that neighborhood aesthetics are an integral part of maintaining property values and are relevant zoning considerations. 5. Florida law defines "sidewalk." 6. Florida law and the City's Code prohibit parking motor vehicles over a public sidewalk. 7. The City's comprehensive plan (Transportation Element Objective 1.5 and its associated policies) defends and promotes safe, convenient, and efficient sidewalks. 8. The proposed Ordinance No. 2009-02 as amended in Attachment "A" is consistent with the City's comprehensive plan and applicable state law. 9. Florida law requires new regulations to be consistent with and further the comprehensive plan and portions thereof. 10. Florida law requires the LPA to review new regulations as to consistency with the comprehensive plan. 11. The LPA heard these findings and voted 3-0 to recommend approval of the modified Ordinance No. 2009-02, as presented at the March 10, 2009 LPA/P&Z meeting. STAFF RECOMMENDATION: The LPA and staff recommend that the City Commission hold a Public Hearing and approve the first reading of Ordinance No. 2009-02. ATTACHMENTS: A. Draft Ordinance 2009-02 (revised) B. Transportation Element Policy 1.5 and associated policies (adopted version) C. Draft LPA Minutes (March 4, 2009 and March 10, 2009) March 23, 2009 PUBLIC HEARING ITEM 502 Page ~ 6 COMMISSION ACTION: ATTACHMENT A ORDINANCE NO. 2009-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE SUPPLEMENTAL DISTRICT REGULATIONS OF CHAPTER 20, ZONING, TO REGULATE PARKING OF VEHICLES IN FRONT YARDS OF RESIDENTIAL LOTS; PROHIBITING PARKING OF VEHICLES ON OR OVER SIDEWALKS ADJACENT TO RESIDENTIAL LOTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to preserve the residential character and integrity of residential neighborhoods within the City of Winter Springs; and WHEREAS, the City Commission is aware that there is a growing problem within the City of persons parking vehicles in residential areas within front yards that are intended to be open and green space or intended to be sidewalk space for pedestrian traffic; and WHEREAS, in many cases, the vehicles are parked on and over areas that were not intended, designed, or constructed for vehicular parking including on and over grass, landscape and sidewalk areas; and WHEREAS, parking vehicles in the manner described above detracts from the residential character of the City's residential neighborhoods and in some cases endangers the well-being of pedestrians who desire to use the sidewalk; and WHEREAS, the City Commission hereby finds that preserving the open and green space areas in front yards is necessary to preserve the residential character, integrity, and unique aesthetic qualities of neighborhoods within the City of Winter Springs; and WHEREAS, in accordance with the City's inherent police powers to protect the public health, safety, and welfare, the City Commission further finds that maintaining sidewalks free of vehicular obstruction is necessary for the well-being of pedestrian travelers; and City of Winter Springs Ordinance No. 2009-02 Page 1 of 3 WHEREAS, the City Commission also finds that Florida has long recognized that local governments may legislate to protect the appearance of their communities as a legitimate exercise of their inherent police powers. See City of Sunrise v. D. C.A. Homes, 421 So. 2d 1084 (Fla. 4`h DCA 1982); City of Lake Wales v. Lamar Adver. Ass 'n of Lakeland, Fla., 414 So. 2d 1030 (Fla. 1982) (recognizing that "[z]oning solely for aesthetic purposes is an idea whose time has come; it is not outside the scope of the police power"); City of Coral Gables v. Wood, 305 So. 2d 261 (Fla. 3'~ DCA 1974) ("[a]esthetic considerations have been held to be a valid basis of zoning in Florida."); and WHEREAS, neighborhood aesthetics are an integral part of maintaining property values and are relevant zoning considerations. See Wood, 305 So. 2d 261; and WHEREAS, the City Commission recognizes that the definition of "front yard" is defined in section 20-1 ofthe City Code and that said definition shall be used for purposes of interpreting and enforcing the provisions set forth in section 20-438 adopted hereunder unless otherwise subsequently required by ordinance; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, is hereby amended to create a new section 20-438 as follows (underlined type indicates textual additions to the City Code): Sec. 20-438. Parkins Vehicles in Residential FrontYards and on Sidewalks Prohibited. (a) The parking of any vehicle within the front yard of any residential lot shall be prohibited unless said vehicle is parked on a driveway. (b) The parking of any vehicle on or over any sidewalk adjacent to any residential lot is hereby prohibited. For purposes of this subsection, the term sidewalk shall include the actual sidewalk and also the area between the sidewalk and the edge ofthe street pavement or curb area. (c) A violation of this section may be prosecuted before the code enforcement board or shall be classified as class I civil citation violation. City of Winter Springs Ordinance No. 2009-02 Page 2 of 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2009-02 Page 3 of 3 ATTACHMENT B CITY OF WINTER SPRINGS COMPREHENSIVE PLAN TRANSPORTATION ELEMENT Policy 1.4.4: The City shall continue requiring dedication of needed rights-of--way from new development, through subdivision regulations and applicable local ordinances. Policy 1.4.5: The City shall amend the setback requirements, zoning restrictions and right-of--way protection requirements, if necessary, to make the regulations consistent with this element. Policy 1.4.6: The City shall ensure adequate rights-of--way protection for intersections, interchanges and future park-and-ride sites in order to retain flexibility for future growth and expansion. Policy 1.4.7: The City shall ensure that the development of the Town Center provides the necessary right-of-way for the proposed Town Center Boulevard. Policy 1.4.8: The City shall continue to maintain minimum rights-of--way requirements in the City Code for new roadways. Policy 1.4.9: The Ciry shall pursue grant opportunities for median landscaping and road beautification. Policy 1.4.10: The City, in its land development regulations shall require the dedication of all needed rights-of--way and necessary roadway improvements for all new development, and adopt provisions to protect dedication of roads to the City. (Ord. 2005-11; 09-12-05) Policy 1.4.11: The City shall acquire right-of--ways for future transportation needs as funds become available. (Ord. 2005-11; 09-12-05) Policy 1.4.12: The City shall designate U.S. Highway 17/92 as a mass transit corridor. Objective 1.5: Multi-Modal System. The City shall promote alternative modes of transportation to provide a safe and efficient multi-modal system. Policy 1.5.1: Winter Springs shall continue to adopt revisions to the land development regulations to include guidelines and criteria consistent with nationally recognized standards and tailored to local conditions which provide for safe and convenient on-site traffic flow, adequate pedestrian ways and sidewalks, as well as sufficient on-site parking for both motorized and non-motorized vehicles. Policy 1.5.2: The Ciry shall develop standards in the City Code for access to public transit, bicycle and pedestrian systems. Such standards shall apply to new developments, substantial improvements of existing developments, and to road improvements. (Ord. 2005-11; 09-12-05) II-46 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN TRANSPORTATION ELEMENT Policy 1.5.3: The City shall ensure the provision and maintenance of bicycle and pedestrian walkways to supplement collector roads between residential areas and parks, schools, and other major attractors. Specific provisions for the establishment and maintenance of bicycle pedestrian walkways shall include, but not necessarily be limited to the following: • The City shall review all proposed development for its accommodation of bicycle and pedestrian traffic needs; • The land development regulations shall continue to require all new developments to provide bicycle parking space; and • Sidewalks or other pedestrian ways shall be provided where feasible and appropriate along all roadways. Policy 1.5.4: The City shall develop standards for maximum number of parking spaces to encourage walking, bicycling, ridesharing, transit use, and shared parking, Policy 1.5.5: The City shall review the City Code to address provision of bus stops, bike parking and circulation, pedestrian walkways, and handicap accessible facilities within new developments and existing developments undergoing substantial improvements. Site plan reviews will ensure that intermodal transfers are efficiently implemented. Policy 1.5.6: The City shall review the City Code to address safe and convenient on- site traffic flow, which includes motorized and non-motorized circulation and parking. Policy 1.5.7: The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element to enhance the feasibility of transit and promote alternative transportation modes. Policy 1.5.8: The City shall amend the City Code to require that new development be compatible with and further the achievement of the Transportation Element. Requirements for compatibility may include but are not limited to: • Orienting pedestrian access to transit centers and existing and planned routes; • Locating parking to the side or behind the development to provide pedestrian accessibility of building entrances and walkways to the street, rather than separating the building from the street by parking; and II-47 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN TRANSPORTATION ELEMENT • Providing clearly delineated routes through parking lots to safely accommodate pedestrian and bicycle circulation. Policy 1.5.9: The City shall include landscaping and streetscaping as roadway design components in order to enhance the function of the road for all users. Policy 1.5.10: A Pedestrian Circulation Master Plan shall be prepared, adopted and implemented by the City. Priority will be given to those walkways for which heavy recreational usage is projected, as well as those along roadways between residential areas and schools, which can be implemented concurrently with other roadway improvements. (Ord. 2005- 11; 09-12-05) Policy 1.5.11: The City's roadway system management will require implementation and construction of an adequate and safe pedestrian circulation system. Policy 1.5.12: The City shall require that sidewalks be constructed concurrently with new development, by the developer. Additional sidewalks will be constructed in existing developed areas when requested. (Ord. 2008-26; 11- 24-08) (Cross Reference: See Capital Improvements Element, Policy 1.4.5) Policy 1.5.13: The City Code shall be amended to require that new residential developments with densities of one or more dwelling units per acre provide sidewalks on both sides of every street. Policy 1.5.14: Except in the Town Center, where bikes are allowed to use travel lanes, bike paths shall be established on one side of every arterial and collector street with sidewalks established on the opposite side of all arterial streets. The City shall coordinate with the MPO, the County and the State to expand the current bicycle system. (Ord. 2004-43; 01-24-05) Policy 1.5.15: Whenever possible, intersections shall be made pedestrian-friendly by limiting the crossing width to 48 feet; use of adequate lighting; adequate timing for traffic signals; and the provision of facilities for the handicapped. The City shall coordinate with FDOT and the County to implement this policy. Policy 1.5.16: Continue to work with other jurisdictions to convert the former railroad into a corridor for alternative modes of travel within the City -walking trails, bicycle paths, equestrian and recreation. Policy 1.5.17: The City shall establish a monitoring system to measure the achievement of the City's multi-modal transportation goals. (Ord. 2005-i1; 09-12-05) II-48 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 3 OF 3 VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT No one spoke at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And Community Development Department Request The LPA (Local Planning Agency/P&Z (Planning And Zoning Board) Hold A Public Hearing Related To Ordinance 2009-02 Which Revises The Chapter 20, Division 2, Motor Vehicles Portion Of The City Code, To Prohibit Parking Vehicles On Sidewalks And In Front Yards. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and noted for the Record that Ordinances 2009-02 and 2009-03 were advertised in the Orlando Sentinel on February 19th, 2009 on page F-4. Mr. Baker stated, "We have before you two (2) different alternatives `A' and `B' from the City Attorney's office. We have arecommendation - that I need to -and that qualifier is `With a provision with those existing houses without paved driveways or driveways with pavers'." Photographs were shown to the Board Members. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 4 OF 4 Chairman Lacey asked, "The issue you are addressing - is related to the fairly restrictive language that is in both sets of Ordinances?" Mr. Baker remarked, "Yes." Chairman Lacey then added, "Are you saying that these are modified to incorporate these cases?" Mr. Baker replied, "I think there needs to be some provision - I do believe it does need to be addressed before this takes effect." Discussion. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department: addressed the Board Members on this Agenda Item. A copy of Section 12-65. of the City of Winter Springs City Code was distributed to the Board Members. Further discussion ensued. Mr. Brian Fields, P.E., City Engineer, Public Works Department: addressed the Board Members on this Agenda Item. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department: spoke briefly to the Board Members about Vehicle Parking. Chairman Lacey stated, "Either we can sit here and try to craft the exact language we want and then modify it that way, or you can get a sense of what we would like to see - and let you go back and work on it and bring it back at the next Meeting." Mr. Stevenson said, "We do need to preserve the advertising - to a Date Certain." Next, Vice Chairman William H. Poe stated, "I am prepared to make a Motion to Table this to a Date Certain, but I want to make sure and preserve the advertisement. What kind of a time element do we need to deal with?" Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department stated, "Just pick a date." Chairman Lacey replied, "Our next Meeting that we have scheduled is March lot" [2009] at 6:30 p.m. Are we still anticipating to have your material on that date? We will have a Notice Hearing of this Board on March lot" [2009]." Vice Chairman Poe asked, "Will that be sufficient time?" Mr. Stevenson stated, "I would assume that we could if we needed additional time to Table it to the next Meeting, if we can not have it by the 10tH [March 2009]. We are working with Anthony (Garganese) right now and I agree with all the comments." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 5 OF 5 "I MOVE THAT (AGENDA] ITEM `500' BE TABLED UNTIL THE MARCH 10TH, 2009 MEETING GIVING STAFF AN OPPORTUNITY TO CLEAN UP THE LANGUAGE." MOTION BY VICE CHAIRMAN POE. MR. STEVENSON STATED, "PLEASE BE AWARE THAT YOU WILL PROBABLY NOT SEE AN AGENDA ITEM UNTIL THAT NIGHT ON THIS IF YOU DO IT ON THE 10TH [MARCH 2009] AS LONG AS WE HAVE THAT ON THE RECORD." DISCUSSION. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input "portion of this Agenda Item. CHAIRMAN LACEY STATED, "IS THERE ANY FURTHER DISCUSSION ON THE MOTION TO TABLE UNTIL MARCH 10TH [2009]?" VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Community Development Department Requests That The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance No. (Number) 2009-03, Amending Chapter 16 Of The City Code, As It Relates To The Signage. Mr. Baker introduced this Agenda Item and stated, "We are recommending Approval of the language in front of you, but we are open for consideration on these other points of interest." Chairman Lacey asked, "When we talk about the Permit for - on premises, do you know if there is going to be a Fee associated with that Permit?" Mr. Baker replied, "There is a Fee established for any sign, I believe over six (6) square feet." Mr. Baker read Section 16-54. (9) of the City Code to those in attendance. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department: spoke on Permits, Signage, and Right-of--Ways. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING -MARCH 10, 2009 PAGE 2 OF 7 Referencing Ordinance Number 2009-04, Mr. Stevenson read into the Record, Attachment A, (b) (2) Rear yards. and stated, "Shall not be less than three (3) feet in depth. However, rear yard building setbacks may, upon approval of the city manager, be reduced to zero (0) [feet], provided that the rear lot line abuts common open space or property that is otherwise restricted and not suitable for development, (other than [transportation] rights-of-way." Discussion. "MOTION TO APPROVE [AGENDA ITEM] `500' AS CIRCULATED." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Community Development Department Request The LPA (Local Planning Agency)/P&Z (Planning And Zoning Board) To Remove From The Table And Then Discuss To Hold A Public Hearing Related To Ordinance 2009-02 Which Revises The Chapter 20, Division 2, Motor Vehicles Portion Of The City Code, To Prohibit Parking Vehicles On Sidewalks And In Front Yards. Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "We would need a Motion to remove this from the Table and open for discussion." "I MAKE A MOTION TO REMOVE [AGENDA] ITEM `501' FROM THE TABLE AND OPEN FOR DISCUSSION." MOTION BY BOARD MEMBER REVICZKY. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. VOTE: VICE CHAIRMAN POE: AYE CHAIRMAN LACEY: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING -MARCH 10, 2009 PAGE 3 OF 7 Mr. Baker introduced this Agenda Item and stated, "As you know we brought to you from the City Attorney's direction at the last Meeting, two (2) different versions of this Ordinance and you directed us to come back with a Recommendation." After reading the "FINDINGS", Mr. Baker stated, "Staff recommends Approval of the Revised Ordinance 2009-02." Captain Glenn Tolleson, Police Department: addressed the Board Members on this Agenda Item. Discussion. Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input "portion of this Agenda Item. "I WOULD LIKE TO MOVE TO APPROVE [AGENDA] ITEM `501' AS CIRCULATED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department -Planning Division Requests That The Local Planning Agency Review, Comment And Make Recommendation To The City Commission On The Draft Future Land Use Element. Ms. Eloise Sahlstrom AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and stated, "I talked with the Arborist some more about the use of the term `Florida friendly' that we had used in the Conservation Element and Infrastructure Element, and we have some revisions to a couple of the Policies and I have those printed."