HomeMy WebLinkAbout2019 03 11 Consent 304 Unapproved Minutes from the February 18, 2019 Special Meeting - 6:30pmCOMMISSION AGENDA
ITEM 304
March 11, 2019
Informational
Consent
X
Public Hearings
Regular
ALLL
Regular Meeting City Manager Department
REQUEST:
The City Clerk is requesting the City Commission Review and Approve the Monday,
February 18, 2019 (6:30 PM) City Commission Special Meeting Minutes.
SYNOPSIS:
One of the responsibilities of the City Clerk is to provide the Mayor and City Commission
with a submittal of all Meeting Minutes, as soon after a City Commission meeting as
possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired
at their most recent meeting, and also provides a record of the actions and directives of the
City Commission, for the future, and which becomes the official record.
If the City Commission is in agreement with what the City Clerk provides in these Minutes,
then the City Commission would be asked to Approve the Minutes, as submitted. Should
the Mayor and/or City Commission feel something is not appropriately documented in these
Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what
the majority of the City Commission would prefer.
CONSIDERATIONS:
This Agenda Item includes the Unapproved Minutes from the Monday, February 18, 2019
(6:30 PM) City Commission Special Meeting Minutes.
Even though these Minutes are being submitted by the City Clerk, (with proofing by Office
of the City Clerk Staff), no other party has required that changes be made to the Minutes
before being submitted. These Minutes are being submitted by the City Clerk for Approval
by the City Commission.
Consent 304 PAGE 1 OF 2 - March 11, 2019
FISCAL IMPACT:
There is no fiscal impact related to this Agenda Item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission review and consider offering their Approval of the
Monday, February 18, 2019 (6:30 PM) City Commission Special Meeting Minutes.
ATTACHMENTS:
A - Unapproved copy of the Monday, February 18, 2019 (6:30 PM) City Commission
Special Meeting Minutes (8 pages)
Consent 304 PAGE 2 OF 2 - March 11, 2019
Attadmiew "A'*
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10-1 W111
SPECIAL MEETING
MONDAV. FE111HUARV 18, 2019 - 6-030 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Commissioner/Deputy Mayor Kevin Cannon - Seat Two
Commissioner Jean Hovey - Seat One
Commissioner Ted Johnson - Seat Three
Commissioner TiAnna Hale - Seat Four
Commissioner Geoff Kendrick - Seat Five
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Incorporated
1959 •
10-1 W111
SPECIAL MEETING
MONDAV. FE111HUARV 18, 2019 - 6-030 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Commissioner/Deputy Mayor Kevin Cannon - Seat Two
Commissioner Jean Hovey - Seat One
Commissioner Ted Johnson - Seat Three
Commissioner TiAnna Hale - Seat Four
Commissioner Geoff Kendrick - Seat Five
CH Y OF WINTUR SPRINGS, FLORIDA MINUTES (11 YCOMMISSION SPIXAAI MEETINO - FEBRUARY 18, 2019 - 6:30 P.M. PAG F' 2 OF 8
The Special Meeting of Monday, February 18, 2019 of the City Commission was called to Order by
Mayor Charles Lacey at 7:18 p.m. in the Commission Chambers of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
A moment of silence was held, followed by the Pledge of Allegiance.
Roll Call:
Mayor Charles Lacey, present
Deputy Mayor Kevin Cannon, present
Commissioner Jean Hovey, presentoo
Commissioner Ted Johnson, present
Commissioner TIArma Hale, present
Commissioner Geoff Kendrick, present ERI
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
City Clerk Andrea Lorenzo-Luaces, present
Mayor Lacey asked, "May we adopt the Agenda without ob�jection?" Deputy Mayor Kevin Cannon
stated, "No objection." With no objections voiced, Mayor Lacey noted, "The Agenda stands adopted."
,A11q,1-,,or Lacey opened "Public InIml ".
Mr. Michael Radkv, 423 Sandringham Court, Winter Springs, Florida: addressed the City Commission
and explained that he grew up in Winter Springs and then moved back here with his family, and
speaking as a resident, Mr. Radka referenced what it took to run the City, hoped that future meetings
would not be like this, and suggested that everyone had room for improvement.
Ms. Melissa fla.ynie, 214 Heatherwood Court, Winter Springs, Florida: spoke of her concern with
safety and traffic along State Road 434, requested the City work with the State to have a traffic signal
installed at the intersection of Tuscora Drive and State Road 434, and referenced some potential new
multi -family units under review which could further burden roads, especially along State Road 434.
Mr. Ryan Stahl, 630 South Maitland Avenue, Maitland, Florida.- offered his thanks to the Mayor and
City Commission for their efforts, noted that his company developed only retail projects and they had
property under contract at Tuskawilla Road. Mr. Stahl liked the concept of Workshops, and regarding
possible retailers who may be under consideration, lie said his company was willing to work with the
City including residents.
CITY017 WIN-IER SPRINGS, FLOR IDA NHNIYII.:S (TI Y COMMISWNSPI"CIAL MEI HNG - Fl-'BRI)ARY 18,2019 - 6:30 P.M. PAGI- 3 OF 8
Mr. Ton Waters, 1033 Antelope Trail, PVinter Springs, Florida: as a long term resident and former
Advisory Board Member, Mr. Waters spoke of recent involvement with property in Texas, referenced
Facebook and suggested there be less narne calling, noted that many residents are against more growth,
and pointed out that the City cannot bring in specific restaurants as some residents may wish, as it was
not the City's responsibility.
Ms, Sheila Benton, 414 Cedarwood COUrt, Winter Springs, Florida: spoke of Accessory Dwelling Units
and referenced a document that she provided to the City related to Florida Statutes 163.3177 1, and said --a
that the City would need to deal with Accessory Dwelling Units, therefore, the Comprehensive Plan
should be updated.
Ell
Mr. Paul Partyka, 404 Park Lake Drive, Winter Springs, 171orida: spoke of past developers, said that "Ic-111
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quality development should always be the goal, the City's Town Center, Workshops, criteria for quality
projects should be determined by input from all, and everyone involved should work together to get -=-4
projects completed.
o
AlciYr Lacey closed "Public Input
REGULAR
500. Office of the City Manager
REQUEST:
Office of the City Manager requests the City Commission conduct a Special Meeting regarding
special zoning permits.
FISCAL IMPACT:
There is no direct fiscal impact related to, conducting the workshop other than staff and attorney
time to prepare for the Special Meeting and implement associated direction from the City
Commission.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City
Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's
Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting
Agenda which has also been electronically forwarded to the individuals noted above, and which is
also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable
City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information,
Homeowner's Association s/Representatives on file with the City, and all individuals who have
requested such information. This information has also been posted outside City Hall, posted inside
City Hall with additional copies available for the General Public, and posted at six (6) different
locations around the City. Furthermore, this information is also available to any individual
requestors., City Staff is always willing to discuss this Agenda Item or any Agenda Item with any
interested individuals.
CI I'Y Of: WIVIER SPRINGS, FLORIDA MINUTES CITY( I OMMISSION SPECIAL MIT FING - FEBRU ARY 82019-6:30 11 M. PAGE 4 OF
Staff recommends the City Commission consider the information provided for this Special
Meeting regarding special zoning permits and provide any direction deemed appropriate.
Mayor Lacey began the discussion on this Special Meeting and remarks followed on a possible Motion
and related matters.
Deputy Mayor Cannon stated, "With regard to the Agenda, my understanding is the direction we gave
to Staff and the Staff told us they were setting up with Workshops, first to revise the Comprehensive
Land Use Plan and bring it up to date in accordance with Flori(ki Statutes, and then also to took at other
Land Development Regulations of the City.
This says Special Zoning Permits, Special Zoning Permits, Mayor, are Special Exceptions, Conditional
Uses, and Waivers, I believe. Isn't that right Anthony (Garganese)? That was what you told us. So, I
think that there might be a misnomer here in the Agenda; but I was under the impression or at least what
I had asked for and I thought was the will of the Commission, is we need a Workshop on updating the
Corrip[rehensive] Plan and then also updating provisions of our Land Development Regulations. Was I
mistaken on that?"
Mayor Lacey said to Deputy Mayor Cannon, "As far as I am concerned, what you enunciated is what we
are here to do."
Discussion ensued on a possible Motion, the Comprehensive Plan, and compliance with State
regulations.
City Attorney Anthony A. Garganese pointed out, "Special Zoning Permits are those Permits that
require the City Commission to conduct a Quasi -Judicial Hearing, and they depend on evidence that's
presented at a Hearing, and then the Commission applies policy efiteria that is set forth in the City Code,
laws that the City Commission has set forth in the Code.
There are only several Special Zoning Pen -nits in the City of Winter Springs. We have Conditional
Uses, we have Special Exceptions in the Town Center, we have Waivers, and we have Variances, and
those are the Special Permit Applications."
Furthermore, Attorney Garganese said, "In my mind, you can break Special Zoning Permits into
different categories that the City Commission needs to take into consideration from a legislative
perspective of adopting laws. Those first and foremost, it's the type and purpose of the Special Pen -nit
which I just stated — it's those Conditional Uses, the Waivers, the Variances.
The next category is what administration and general procedures are in place that the City has adopted,
that Applicants have to follow. The next category is the Application requirements - the infori-nation that
Applicants are required to Submit in advance of the City Commission conducting that Quasi -Judicial
Hearing to make a determination on that Special Permit."
CI VY OF WIN I F'R S9'WNG1,, FLORIDA MINIA ES CITY COMMISSION SN"CIALMITFIN03- FEBRUARN, 18,2o ()-6.30 P.M. PAGE 5 01:7 8
Continuing, Attorney Garganese noted, "Next, is the review criteria which is extremely important
because if the Commission as a legislative body, doesn't adopt the necessary review criteria before they
conduct a Quasi -Judicial Hearing, then you can't rely on that, some criteria that you arbitrarily create.
That criteria needs to be established in the Code Book in advance, so everybody knows the rules of the
game when that Quasi -Judicial Hearing is conducted by the Commission.
And then the last category that I described in the Agenda Item is you need to identify where in the City
Code, the Application of a Special Pen -nit may apply. For example, in the Town Center, we have
Special. Pennits for Special Exceptions- Special Exceptions only apply in the Town Center, and Special C="'
Exceptions have rules and criteria and application requirements that arc in the Town Center District il 9 th
Code. So, the rules of the game are known in advance.
Conditional Uses on the other hand, which are similar to Special Exceptions, apply elsewhere in your
Zoning Code. They are Uses that are subject to review by the Commission for approval or denial and
not allowed as a matter of right. So, those are the general categories and as I set forth in the Agenda
Item based on my reading of the Moratorium Ordinance, there was a threshold issue that is always in the
back of my mind.
There seems to be some desire to streamline the Town Center District Code with the rest of the City
Zoning Code. When the Town Center District Code was adopted in 2000 by the City Commission, it
was, in essence, a new Zoning District. It had its own set of rules that were for the Town Center because
the City Commission was embarking on the creation of something new, the new Town Center. So, those
rules took precedent over the City's general Zoning Rules that were in place at the time. And, over the
last nineteen (19) years, almost twenty (20) years, there's a question, and numerous staff members have
brought it up, and there has been discussion -- do we really need separate rules for the Town Center
District Code relative to Special Exceptions and the Application requirements, or should we just
streamline and have one (1) set of rules that apply not only for the Town Center but everywhere else?
And there seems to be some desire to streamline and have the one (1) set of rules relative to Special
Zoning Permits.
And so in my mind, that's kind of the threshold issue because if the Commission wants to have that one
(1) set of rules, we need to deconstruct various pails of the Town Center Code and make a lot of
technical changes for Special Zoning Pennits. Not to get bogged down in all those types of technical
changes, but if that's the direction of the Commission, Staff and myself, we need to go back and kind of
deconstruct the Town Center Code and try to put it into just one (1) set of rules and procedures for
Special Zoning Pennits. And, once we get past that rule, then you get into that issue, then we can really
focus in on what those rules should be — the one (I) set of Application requirements, the one (I) set of
criteria for the different Special Zoning Pen -nits, etc., etc. As the City Attorney, I'd like to know the
answer to that threshold question, because there's a certain amount of technical work that needs to be
done."
Deputy Mayor Cannon noted his preference was on streamlining the process.
Discussion followed on businesses, Permitted Uses, Conditional Uses, discarding Special Exceptions,
how the Town Center District Code was first conceived, the reasoning behind zero setbacks; and, going
forward, considering Variances, height requirements, density, the Town Center, setbacks, and to have
the proposed Workshops.
CHNOFWIN I FR SPRINGS, FLORIDA MINUIT'S CH Y COMMISSION SPEXIALMEETING- FEBRUARY K 1-W9 --6:30 P.M. PA(i F 601` 8
Commissioner Ted Johnson added that his interest was also to streamline the process.
Further comments ensued on streamlining, the Town Center, the overall vision, and how to, move
forward.
Attorney Garganese pointed out, "If it's the Commission's desire to deconstruct the Town Center
Special Zoning Permit process and envelop it into the normal process, there are a lot of technical
changes that need to be done and I know the Commission, I think, is eager to talk about the higher up
policy decisions you want to make from a land development standpoint. I could go back with Tim
(McClendon), work with him because I have sorne thoughts about doing that and how it gets 1
deconstructed. For example, we have far more detailed review criteria for Conditional Uses than we do
for Special Exceptions in the Town Center.
And that's very important and pivotal when you're acting in a Quasi -Judicial capacity. It seems to me,,
that when we put the Town Center Special Exceptions and convert them into Conditional Uses, we're
going to bolster all that review criteria which I think is important for the Commission from a decision-
making standpoint.
Ironically, the Application details in the Town Center are more detailed than the Application
requirements in the regular Zoning Code. We would probably take the more detailed Application
requirements in the Town Center Code and put them into the regular Code. I mean all that technical
work can be done and we could provide you with a redlined copy of all the different changes and then
you can wordsmith it to the extent that you want to wordsmith it; but, it might be easier for the
Commission to kind of go through those details after we have an opportunity to draft an Ordinance for
you to look at, than do it tonight at a meeting. And then you could get into any other issues that you
may want to discuss or you want to give us direction on.
The only issue though, in Special Zoning Permits that you're really going to probably have to, take a
close look at and the information is in the Agenda Item, is what's the list of Conditional Uses in all of
the different Zoning Districts — that's a big policy call for you all to make. You might want to remove
some of the Conditional Uses, you may want to take a Conditional Use, make them a Permitted Use, you
may want to just eliminate it completely, or move it to another Zoning District."
City Manager Kevin L. Smith pointed out, "It goes back to what you would like to see, what kind of
development you would like to see, not just in the Town Center, but throughout the City. What's
permitted, what is not permitted, and what's permitted via a Conditional Use. So we'll provide that list
as well Anthony (Garganese:), along with a redlined copy to give us discussion for our next Workshop."
Further remarks continued.
Attorney Garganese then said, "Now would be the time - if you don't think a specific use should be
allowed in a certain Zoning District, now is the time to let that be known so we can modify the Code. If
you dont like a Conditional Use in one (I) District, tell us and we'd have to amend the Code to take it
out
(TIN N'WINTER SPRINGS, FLORIDA MINUTES ITYCOMMISSION SPECIAL MEL LINO FLAW-JARY 18, 201{3 - 6�30 P.M. PAGE 7 OF8
Mayor Lacey noted, "To go through that deconstruction process that Anthony (Garganese) and you have
described, I heard the Deputy Mayor speak positively towards that, I heard Commissioner Kendrick
speak positively to that. I spoke positively about that."
Continuing, Mayor Lacey remarked, "Before we actually give that instruction - is there any objection
from the Commission that we fallow that path as essentially the first step"?"
Deputy Mayor Cannon said to Attorney Garganese, "As I understand it, we will have Special Exceptions
rolled under Conditional Uses and then we will still have Waivers and Variances, so thoseswill be the
three (3) Special Zoning categories. Okay. And then, the review criteria, which ou said is very Pr.JuR
important and I agree with you, that is critical for us when we are making decisions, as we have to know 14G,
what the criteria are." Manager Smith stated, -Absolutely." 11"17.1
!;;xv
Furthen-nore, Deputy Mayor Cannon stated, "That would be like round two (2) but round one (1) would
be at least looking at these three (3) categories of...'' Attorney Garganese stated, "...The criteria would
be the first round - I am going to take a first stab at combining the Application process, combining the
criteria, changing the Town Center nomenclature to fit the regular Zoning Code - with Staff s help of
course,
, give you back work products, so then you can further refine it - give you a starting point."
Mayor Lacey noted, "You've got instruction to do that for the Record - the Commission has approved
that." Attorney Garganese pointed out that this was significant direction. Mayor Lacey then inquired,
"Can we do that and also simultaneously attack more of the high level vision questions or would you
argue that we wait on that?"
Attorney Garganese commented, "It all depends on what the direction is. I mean we can handle more
than that from Zoning Code changes. If there are some Zoning Code changes that the City Commission
wants to see, lay them out there because we can include it in this whole process."
Manager Smith added, "With that being said then I would say, yes, let's please continue with that as
we're working through those Staff level items if you will. Let's continue to the next phase of whatever
type of issues that the Commission would like to discuss."
Mayor Lacey inquired, "You would be ready to do that two (2) weeks from now?" Manager Smith
remarked, "Yes."
Further comments continued.
"I MAKE A MOTION THAT WE SET SPECIAL MEETINGS OF THE COMMISSION IN
WORKSHOP ON MARCH 4, MARCH 18, APRIL 1, APRIL 15 AND APRIL 29 FOR THE
PURPOSE OF GOING THROUGH REVISIONS TO WORK THROUGH OUR LAND
DEVELOPMENT REGULATIONS AND TO WHATEVER EXTENT - RELATED ELEMENTS
OF THE COMPREHENSIVE] PLAN OR AT LEAST IDENTIFYING THEM FOR THE
COMPIREHENSIVE1 PLAN REVISION THAT CORRESPOND WITH CHANGES THAT WE
ARE MAKING." MOTION BY DEPUTY MAYOR CANNON. SECONDED BY
COMMISSIONER HALE. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
ciry OF WIN'1'1.,,,R SPRINGS, FLORIDA MINUTES ('11Y COMMISSION SPRIAL MEE FING -FEBRUARY 18, 2019-6:30PAI. PAGE 8 OF 8
Majyor Lacey, ol,)ened "Public lnjmt ".
Mr. John Paccione, 1513 11unters Mill Place, Oviedo, Florida: cornu-iented on the importance of
considering the marketplace and to include professionals involved in development and real estate in the
process.
A11r. Robes -t S. Miller, 679 Silvercreek Drive, Wintej- Spi-ings, Florida: spoke of the original vision for
Town Center which was not to be like U.S. Highway 17/92 in Casselberry as it was years ago, to include
pocket parks. However, with more vehicular traffic becoming more typical, Mr. Miller suggested the
Town Center should become more viable.
Maj)or Lacey closed "Public Input
Mayor Lacey adjourned the Special Meeting at 8:25 p,rn.
RE'SPE, CTFULL Y SUBMITIE'D:
ANDREA LORENZO-LUACES, MMC
CITY CLERK
APPROP"F,D:
MAYOR CHARLES LACEY
NOTE: These Minutes were tjppl-a)ve(],,fl tile
2019 City Commission RegulajL MeetitIg