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HomeMy WebLinkAbout2008 10 13 Public Hearings 501 Conditional Use for St. John's River Water Management District to Allow Public Service Facility CITY COMMISSION ITEM 501 Consent Informational Public Hearing X Regular October 13. 2008 Meeting MGR. /r/Dept. f:f!J-. (/ REQUEST: The Community Development Department- Planning Division requests that the City Commission hold a Public Hearing to consider the request of the St Johns River Water Management District for a conditional use to allow a public service facility in the R-C I (Single Family Dwelling District) zoning category, pursuant to Section 20-143 and Section 20-33 of the City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider the request of the St. Johns River Water Management District (SJRWMD) to construct a stormwater management facility in the R- Cl Single Family Dwelling District zoning category to reduce nutrient loading to Lake Jesup and to reduce flooding in the area associated with the Solary Canal. FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: 'Public/Semi-Public' Existing Zoning District: (Seminole Co) 'A-3 Agricultural' zoning category Proposed Zoning District: (Winter Springs) 'R-Cl Single Family Dwelling District' with a Conditional Use Permit for public facility use APPLICABLE CODE: Sec. 20-33. Procedures. (a) Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category. (b) The board of adjustment shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section... (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable. (Criteria are included below under "Findings"). October 13,2008 PUBLIC HEARING AGENDA ITEM SOl Page 2 of 5 Sec. 20-82. Duties and powers, general. (3) To review and make recommendations to the city commIssIon on any application for conditional use, as provided in this chapter. Sec. 20-143. Conditional Uses. (c) Public recreational areas and facilities. CHRONOLOGY: Nov. 27,2000- Annexation of Subject Property (Ordinance 2000-40). Seminole County and the City of Oviedo formally objected to the annexation. Rezoning was never adopted. Januarv 2005- Purchase of Property by SJRWMD from Tom Minter for the purpose of constructing a stormwater management facility in the R-Cl Single Family Dwelling District zoning category to reduce nutrient loading to Lake Jesup and to reduce flooding in the area associated with the Solary Canal. Sept. 10,2007- Adoption of Ordinance 2007-06 changing the FLUM designation from(Seminole County) Rural-3 to (Winter Springs) Public/Semi-Public Aug. 11, 2008- Rezoning Application received requesting rezoning from (Seminole County) A-3 to (Winter Springs) R-Cl Aug. 13, 2008- Conditional Use Application received requesting development of the property as a stormwater management facility under the 'R-Cl' zoning. Aug. 14,2008- Adjacent property owners within 150' notified by regular mail of Public Hearings Aug. 19,2008- Staff Review. Aug. 21, 2008- Public Noticing in Orlando Sentinel ofLPA Public Hearing for Rezoning Sept. 3, 2008- P&Z held a Public Hearing and made recommendation of Adoption of Ordinance 2008- 12 rezoning the subject property to R-Cl. Sept. 4, 2008- BOA held a Public Hearing and made recommendation of Approval of the Conditional Use request for a public service facility within the R-Cl zoning district. Sept. 22, 2008- City Commission Public Hearing for 1 st Reading of Ordinance 2008-12 Oct. 13, 2008- Public Hearing for 2nd Reading and Adoption of Ordinance 2008-12 changing the zoning to R-CISingle Family Dwelling District Oct. 13,2008- Public Hearing for Adoption of Conditional Use Permit Request for Public Facility. CONSIDERA TIONS: The 28.9 acre undeveloped site is located on the south west comer of DeLeon and Howard at the edge of the City's jurisdiction and is bordered on the east (DeLeon Street) by the City's annexation boundary, established in 2006. The subject property is also bordered on the north and east by the Seminole Rural Area Boundary. The 'R-Cl' zoning district is the City's least intensive zoning category. Adjacent properties to the south (within the City's jurisdictional boundary) are also zoned 'R-Cl'. Section 20-142 of the City Code lists the permitted uses for the R-Cl zoning district, which includes: October 13, 2008 PUBLIC HEARING AGENDA ITEM 501 Page 3 of 5 (I) Single family dwellings and their customary accessory uses. (2) Horses and ponies, allowing three-fourths of an acre per animal not to exceed ten (10) animals per lot; provided however, horses and ponies can be permitted on less than three- fourths of an acre upon recommendation by the board of adjustment. Section 20-143 lists the uses that are permitted in the R-CI zoning district only as a conditional use. These include: (1) Churches; (2) Schools; (3) Public recreational areas and facilities. The City does not have a zoning district exclusively for "public facilities". Due to unique challenges that exist with regard to planning for the location of facilities related to public services, the City historically has allowed "public facilities" in all zoning districts of the City as either a permitted or conditional use, except for the 'T-I Trailer Home District' and the 'R-T Mobile Home Park District'. Therefore, "public facilities" are dispersed throughout the City in almost every zoning district. The Applicant (SJRWMD) is seeking a conditional use for the property to allow it to be developed as a regional stormwater management facility to reduce nutrient loading to Lake Jesup and to reduce flooding in the area associated with the Solary Canal. One of the objectives of SJRWMD's Middle St. Johns River Basin Surface Water Improvement and Management Plan is to improve the water quality in the Lake Jesup Basin through retrofit projects. c') ; . - - - ~'~-................ r: IIlilUo'lQ ~ CII ; . ..:.. <:Ir ~~__s: I lI'u _I . . III! : ==-- .... P lill (i) ==- = ~ 1'1 .. ... ! :~.~:. - - - :l i In .. .. - -- .. - -- - ::::=== .. October 13, 2008 PUBLIC HEARING AGENDA ITEM SOl Page 4 of 5 The Solary Canal has a drainage area of about 1,639 acres which drains northward into Lake Jesup. The water quality in Lake Jesup has deteriorated for a number of reasons. SJRWMD is partnering with Seminole County to implement a water quality improvement project that will treat stormwater that is flowing through the Solary Canal. Currently, no treatment exists in the Solary Canal sub-basin. The Conditional Use request is consistent with the property's future land use designation of "Public/Semi-Public" with "Conservation Overlay" on those affected areas. FINDIN GS: Pursuant to Section 20-33(d) of the City Code, "all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (I) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic- generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity." The proposed rezoning is not out of scale or incompatible with the needs of the neighborhood or the city, as the proposed rezoning, RC-l is the least intensive zoning classification in Winter Springs and the proposed use of the site as a stormwater treatment facility is compatible with the surrounding rural Black Hammock area. The Solary Canal treatment project will improve the quality of water discharging to Lake Jesup and will provide a passive recreation for the area. (b) "Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use." The SJRWMD's use of the site for stormwater management will act as a transition from the more intensive Winter Springs' residential uses to the rural Black Hammock area. The project consists of a by-pass weir, stormwater treatment pool, and treatment wetlands for the water quality treatment and flood attenuation of the Solary Canal and will use approximately 17 acres of the 28.9-acre site. No vertical structures are proposed. The development of the property as a stormwater management facility is expected to generate only a negligible amount of traffic. Scrutiny of the proposed site plan during site plan review will ensure that the plan sufficiently addresses access, internal circulation, buffers, and design enhancements. (c) "Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values." The Solary Canal Treatment Area project will reduce nutrient loading to Lake Jesup and will reduce flooding in the area associated with the Solary Canal, improving property values of the region as well as the immediate area. (d) "Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards." October 13, 2008 PUBLIC HEARING AGENDA ITEM 501 Page 5 of 5 The Solary Canal Treatment Area project will reduce nutrient loading to Lake Jesup and will reduce flooding in the area associated with the Solary Canal, improving the environment of the Lake. Additionally, the project will preserve the open space character of the subject property and will preserve most of the massive live oak trees existing on the east side of the property. (e) "Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources." Due to the site's proximity to Lake Jesup, there is a moderate possibility of archaeological resources existing on the site. The Applicant will be required as part of the site plan approval process to submit a Resource Survey to ensure that no archaeological and! historic structures exist on the site, or to ensure that if they do exist, that they are considered in the site plan. (1) "Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities." The proposed use will have a positive impact on public services especially surface water management and open space preservation. (g) "Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality." The development will have no adverse impacts on housing, neighborhood quality or social conditions. BOARD OF ADJUSTMENT RECOMMENDATION: At the September 4, 2008 regular meeting of the Board of Adjustment, the Board voted unanimously 4-0 to recommend approval of the Conditional Use Permit request. RECOMMENDATION: Staff recommends that the City Commission recommend approval of the conditional use request to allow a public service facility at 1900 DeLeon Street within the R-C I zoning district, pursuant to sections 20-143 and 20-33 of the City's Zoning Code. ATTACHMENTS: A Location Map B Application Package C Board of Adjustment Minutes from Sept. 4, 2008 CITY COMMISSION ACTION: ATTACHMENT A Location Map ! L-------L--- :z:r- fig I , T ~ HoW....n ~ Subject Property L- - f)~y :A 11@ tIlm)l(illfrn - - :- - - 1/p := f-- L.- >--- '/:'1_>-- _ /,/L - r,/- - - r-- I--- I--- I-- ---{ - DELEe N ST. Fl~.SS - 11 '--- ..~ .~ 1\1 II '\ - - - -----< - .........."" L --- ---< ~ s. .-0~ - '., "', - '\ - \ - . - \ 4rli ~ LJ~\ ~ Parcel #s & Legal Descriptions: 03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31 E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT & S 564,64 FT OF W 659.60 FT & RDS) 03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31E S 564.64 FTOFW659.60 FTOF NW 1/40F NW 1/4 ATTACHMENT 8 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION 'l<CONDITIONAL USE / SPECIAL EXCEPTION o VARIANCE o WAIVER APPLICANT: St. Johns River water Management District ( SJRWMD) MAILING ADDRESS: C/O Regina Lovings Morse, P.O. Box 1429, Pal atka 32178-1429 PHONE & EMAIL (386) 329 4819 (Regina Lovings Morse) PROPERTY OWNER: If Applicant does NOT own the property: Not Applicable MAILING ADDRESS: PHONE & EMAIL Last First Middle City State Zip Code This request is for the real property described below: PROPERTY ADDRESS: 1900 De Leon Street, Oviedo 32765 SIZE OF PARCEL: TAX PARCEL NUMBER: 03-21-31-300-0080-0000 and 03-2 I -300-008E-0000 28.9 Acres EXISTING LAND USE: Public Land Current FUTURE LAND USE Classification: ( Winter Springs) Public/Semi-Public & Conservations Overlay on those applicable areas Current ZONING Classification: (Seminole County) Rural-3 Please state YOUR REQUEST: The primary objective of this project is to develop a regional stormwater treatment area that will provide water quality treatment to runoff through the Solary Cana/. The Solary Canal project will use approximately 17 of the 28.9 acre March 21KI5 site. One of the objectives outlined in SJRWMD's Middle St. Johns River Basin Surface Water Improvement and Management Plan, is to improve water quality in the Lake Jesup Basin through retrofit projects. Currently no treatment exists in the Solary Canal sub-basin. This project will reduce flooding and provide for a water quality retrofit in an area of mixed residential land uses. Flood reduction benefits include the reduction of street and yard flooding and bank overtopping for the 25-year design storm event. The Solary Canal project is in the final design development phase. The APPLICANT is RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross- examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSiON shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0 I 05, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20-36.) THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: ~ A copy of the most recent SURVEY of the subject property. ~ A copy of the LEGAL DESCRIPTION reflecting the property boundaries. ~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ~ JUSTIFICATION for the Request (See Attached List) ~ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ~ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). ~ APPLICATION FEES: 2 March 2005 FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant), payable prior to approval of the pertinent stage of development. CONDITIONAL USE I SPECIAL EXCEPTION $ 500 WAIVER $ 500 VARIANCE $ 500 TOTAL DUE S 500 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ...................................................................................... FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consideration: J~; ~~.~ Signature of 0 er ~ - Sworn to and subscribed before me this \~ day of August 20~. ~c~ No P blic ~mnnsslO xprres: ('~ \U\~\\ ,/ Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath _t1" -110, Notary Public State of Florida !"\.~ ": Kimberly Crews Player '~i MyCommissionDD651613 ~o",o Exoires 05/1412011 ...................................................................................... FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: I, do hereby, with my notarized signature, allow to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at Signature ofOwner(s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: 3 M=h :ros CONDITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, Section 20-33(d): All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additional paper as necessary: o What is the Conditional Use you are requesting. A conditional use permit allows construction of a storm water treatment project on this parcel located in a mixed residential land use area. o How is the Conditional Use (including its proposed scale and intensity, traffic- generating characteristics, and offsite impacts) compatible and harmonious with adjacent land uses? The Solary Canal Stormwater Treatment Project allows community access to passive recreational use such as jogging and walking through the open pond and created wetland project design. Public access to the 29-acre site creates minimal traffic impacts. Off site, impacts are non-existent. There is no land development associated with this project. o Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not? Land uses in the drainage area consist of residential, commercial industrial, agriculture, wetlands and uplands. Construction of the stormwater treatment project provides no adverse impact to land use activities in the immediate vicinity of the project. The improved water quality and reduced flooding in the area will improve adjacent land uses, such agricultural and wetlands use. o Demonstrate how the size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The project design occupies the western portion of the parcel separated from Howard Avenue and De Leon Street by a pasture and the Solary Canal. The project is an off-line system made up of a wet pond and created wetland connected in series. All the canal normal base flow and a large fraction of the storm flow bypass the pond over a diversion weir and continue through Solary Canal. The wet pond and wetland system provide over 67-acre-feet of storage. The site accommodates 29 acres and sufficient parking will be available on the 5 t\larch 2(1()S eastern portion of the site. o Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values? If no, why not? The Solary Canal Project adds public open space to the area enhancing property values. The local economy is impacted positively with the improved water quality discharging to Lake Jesup thereby improving aquatic habitat. There is no adverse impact on employment or governmental fiscal issues. o Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? If no, why not? The Solary Canal Project enhances the natural environment, specifically reduction of phosphorus and suspended solids loading from the Solary Canal prior to discharging to Lake Jesup. The wet pond and created wetland provides additional basin storage, reducing flood levels. Flood reduction benefits include the reduction of street and yard flooding and bank overtopping for the 25-year design storm event. o Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? If no, why not? The Solary Canal project protects and enhances the historic, scenic, views and vistas in the Black Hammock area. Instead of large residential developments near the lake shore, this project improves and protects the environmental resources in the area. o Will the proposed use have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? If no, why not? This project will in no way have an adverse impact on public services. The improvements to water, surface water management and more access to open spaces and bicycle and pedestrian use, specifically are the results of constructing the Solary Canal Treatment Project, o Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? The project provides additional open space and environmental protection of water and natural habitat thereby improving the quality of the neighborhood. 6 March 2lXI5 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 4, 2008 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, September 4,2008 was called to Order at 7:00 p.rn. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, absent Board Member Howard Casman, present Board Member Linda Collins, present Board Member Karen Paine-Malcolm, present A moment of silence preceded the Pledge of Allegiance. Chairman Waters stated, "Any Agenda Changes? I would like to suggest that maybe we - do the Public Hearing Item '500' before Reports, so the Applicant does not have to wait." There were no objections from the Board Members. INFORMA TIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The February 7, 2008 Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES FROM FEBRUARY 7, 2008." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PAINE-MALCOLM. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 4,2008 PAGE 2 OF 4 VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE-MALCOLM: AYE BOARD MEMBER COLLINS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TIONS 300. Not Used. PUBLIC INPUT No one spoke. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Presents To The Board Of Adjustment (BOA) A Request For A Conditional Use To Allow A Public Service Facility In The R-Cl (Single Family Dwelling District) Zoning Category, Pursuant To Section 20-143. And Section 20-33. Of The City Code Of Ordinances. Ms. Eloise Sahlstrom, Senior Planner, A1CP, ASLA, Community Development Department presented this Agenda Item and stated, "Staff did review the 'Conditional Use' requirements to see if the project did meet and satisfy completely the requirements to be able to go forward with 'Conditional Use' and we do believe that the project does meet all of those requirements in full." The Site Plan of the property were shown. Chairman Waters remarked, "I want to state for the Record that I am employed by Seminole County Environmental Services Solid Waste Management Division and we have a couple of permit applications out there with St. Johns [River Water Management District] and I do not feel that this is a conflict of interest." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 4, 2008 PAGE 3 OF 4 Chairman Waters opened the "Public Input" portion o.fthis Agenda Item. Ms. Regina Lovings Morse, Project Manager, St. Johns River Water Management District, 4049 Reid Street/Highway 100 West, Palatka, Florida: addressed the Board Members and stated, "We are alleviating flooding and improving water quality, which is for the benefit of Winter Springs - you are right on the lake." Chairman Waters closed the "Public Input" portion of this Agenda Item. Chairman Waters asked, "How much soil will you need to take out of there?" Ms. Lovings Morse replied, "I would have to get back to you on how much soil we are taking out. But, we are taking out enough that the Expressway Authority is interested in using this soil at the new toll road expansion." Photographs of the property site were shown. Discussion. "I MAKE A MOTION THAT WE APPROVE THE 'CONDITIONAL USE' REQUEST TO ALLOW A PUBLIC SERVICE FACILITY AT 1900 DELEON STREET WITHIN THE 'R-Cl' ZONING DISTRICT, PURSUANT TO SECTIONS 20-143. AND 20-33. OF THE CITY'S ZONING CODE." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PAINE- MALCOLM. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE-MALCOLM: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. 400. REPORTS In other business, Deputy City Clerk Joan Brown spoke on the Sunshine Law and the upcoming Board and Committee Appreciation Brunch. Chairman Waters stated, "Ms. Brown mentioned to me that our January [2009] Meeting is on New Year's Day, so do we want to look at planning to change that if we do have a Meeting that month?" There were no objections from the Board Members. Furthermore, Chairman Waters asked, "Meet on the third Thursday of January [2009]7" There were no objections from the Board Members. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 4,2008 PAGE 4 OF 4 "I MAKE A MOTION IF THERE IS A NEED FOR A MEETING IN JANUARY [2009] IT BE HELD ON THE THIRD THURSDAY OF THE MONTH." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PAINE-MALCOLM: AYE CHAIRMAN WATERS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Waters adjourned the Regular Meeting at 7:22 p,ll, RESPECTFULLY SUBMITTED,' JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the ,2008 Regular Board of Adjustment Meeting.