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HomeMy WebLinkAbout2018 11 07 Planning and ZoningBoard_LPA Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 7, 2018 CALL TO ORDER The Regular Meeting of Wednesday, November 7, 2018 of the Planning and Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Chairperson Bob Henderson in the Commission Chambers (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Bob Henderson, present Vice -Chairperson Bart Phillips, arrived at 5:33 p.m. Board Member Kok Wan Mali, present Board Member Kevin McCann, present Board Member James Evans, present City Attorney Anthony A. Garganese, present Assistant to the City Clerk, Jessica Burnham, present A moment of silence was followed by the Pledge of Allegiance. No changes were made to the Agenda. AWARDS AND PRESENTATIONS .AN1':ARDS AND PRESENTATIONS 100. Not Used Vice -Chairperson Bart Phillips arrived at 5:33 p.ni. INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING .AND ZONING BOARDIL.00'AL PLANNING AGENCY REGULAR MEETING- NOVGMBER 7.20I8 PAGE 2 OF 9 Chairperson Henderson opened "Public Input ". No one spoke. Chairlrerson Henderson closed "Public, Input CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, August 1, 2018 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "MOVE TO APPROVE LAST MEETING MINUTES FROM AUGUST 1." MOTION BY BOARD MEMBER MAH. SECONDED BY CHAIRPERSON HENDERSON. DISCUSSION. VOTE: CHAIRPERSON HENDERSON: AVE BOARD MEMBER MAH: AVE BOARD MEMBER McCANN: AVE BOARD MEMBER EVANS: AVE (Not present at last meeting) MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department — Planning Division The Community Development Department Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider A Conditional Use For A Proposed Accessory Dwelling Unit (ADU) Located At 270 East Bahama Road. Mr. Brian Fields, Director, Community Development Department, introduced the Agenda Item and gave a brief overview of the Accessory Dwelling Unit (ADU). Images of the proposed Accessory Dwelling Unit were shown with additional comments. Board Member Kevin McCann inquired about a start and completion date. Mr. Donald Men_el, 270 East Bahcanta Road, Linter Springs, Florida: introduced himself to the Board and answered, "Hopefully, if we get approval here tonight, we go in about a week in half to the City Commission meeting and hopefully get approval there. Really, we CITY OF WINTER SPRINGS. FLORIDA MINUTES PLANNING AND ZONING BOARMLOCAL PLANNING AGENCY REGU LAR MEETING - NOVEMBER 7.2018 PAGE 3 OF 9 want to get it started as soon as possible; I'm being told about two (2) months to complete it would be reasonable." Board Member Kok Wan Mah asked. "With respect to the Ordinances, Brian [Fields], you stated that the ADU (Accessory Dwelling Unit) requires one (1) parking space. The existing site here already has the appropriate amount of parking?" Mr. Fields answered, "Yes. C.'hairj)er on Henderson opened "Public Input No one spoke. C'hairper.son Henderson closed "Public lapin ". "I MAKE A MOTION TO APPROVE ITEM `400'." MOTION BY BOARD MEMBER MAH. SECONDED BY VICE -CHAIRPERSON PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER McCANN: AYE BOARD MEMBER MAH: AYE BOARD MEMBER EVANS: AYE CHAIRPERSON HENDERSON: AVE VICE -CHAIRPERSON PHILLIPS: AVE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department — Planning Division The Community Development Department Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider A Conditional Use For A Proposed Accessory Dwelling Unit (ADU) Located At 120 East Panama Road, Mr. Fields introduced the Agenda Item and referenced and a map showing the proposed Accessory Dwelling Unit (ADU) location. Images of the site plan were shown with additional comments. Board Member McCann asked, "Is there a time limit when we approve something?'^ to which City Attorney Anthony A. Garganese answered. "Once it's approved by the City Commission, they have two (2) years to obtain a building permit." Additional comments followed. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING- NOVFN4BER 7. 2018 PAGE 4 OF 9 Mr. Mike Kahl, 120 Fast Panama Road Winter Springs, Florida: introduced himself o the Board and stated, "If we get all this approval taken care of, we have a contractor who is going to start in? April with a finish date of June." Brief comments followed on the approximant distance between neighboring houses. Chai,person Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input ". "MOTION FOR APPROVAL OF `401'." MOTION MADE BY VICE - CHAIRPERSON PHILLIPS. SECONDED BY BOARD MEMBER MCCANN. DISCUSSION. VOTE: BOARD MEMBER EVANS: AYE VICE -CHAIRPERSON PHILLIPS: AYE BOARD MEMBER McCANN: AYE BOARD MEMBER MAH: AYE CHAIRPERSON HENDERSON: AVE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department — Planning Division The Community Development Department Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider A Special Exception Request To The Town Center District Code To Permit A Freestanding Monument Sign Along State Road 434 Serving The New Starbucks And A Future Adjacent Retail Building. Mr. Fields gave a brief overview and history of the Agenda Item and reference a reap and site plan. Additional comments followed. Images were then shown of the design of the sign. Further discussion followed. Board Member Mah inquired about lighting for the sign. Mr. Fields replied" "I don't believe it's lit at this time.' Brief discussion followed on other parcels applying for additional monument signs and lighting on those signs. CITY OF WINTER SPRINGS. FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNIIN6 .AGENCY REGULAR MEETING -NOVEMBER 7, 2018 PAGE 5 OF 4 Board Member ,lames Evans asked. "So, supposing the commercial development just to the east of the Starbucks never comes through, is there any contingency where Starbucks just expands their logo across all six (b) plates or would it just be a vacant sign?" Mr. Fields answered. "They would have to adjust it." Chairperson Henderson opened "Public Inpul ". No one spoke. Chah1mrson Henderson closed "Public• Input ". "1 MAKE THE MOTION FOR THE BOARD TO APPROVE PUBLIC HEARING ITEM `402'." MOTION BY BOARD MEMBER EVANS, SECONDED BY VICE - CHAIRPERSON PHILLIPS. DISCUSSION. VOTE: VICE -CHAIRPERSON PHILLIPS: AYE BOARD MEMBER McCANN: AYE BOARD MEMBER MAH: AYE BOARD MEMBER EVANS: AYE CHAIRPERSON HENDERSON: AVE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department — Planning Division The Community Development Department Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider A Special Exception Request To Permit A Multifamily Residential Apartment Use For The Proposed "Iriye Suites" Live -Work Community, Located In The T5 Transect Of The Town Center On A 1.2-Acre Property At 150 Tuskawilla Road. Due to a voting conflict, Board Member Evans recused himself. Board Hentber Evans left the incetzng at 5: SS p.in. Continuing, Mr. Fields introduced the Agenda Item and gave a brief overview of the property. Images of the site plan were shown with additional comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL. PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2018 PAGE 6OF4 Mr. William Starmer, .910 Belle Avenue Sidle 1100, Winter Springs, Florida: introduced himself to the Board and gave an overview of the plan for the project and referenced how this was the final step of the Town Center. Mr, John Irive, 150 Tushawilla Road, Winter Springs, Florida: introduced himself to the Board and stated, "One of the aspects of the live -work building that I'm going to be incorporating is actually a co -working aspect. It's a new design for having small. start-up businesses be able to utilize a shared space, and it brings a greater number of employment to a smaller area - because it's a co -working, a shared area, and pay as you go." Further comments followed on the different features that would be offered at the property, Board Member McCann inquired about potential liability when approving special exceptions and then possibly denying subsequent future engineering plans. In response, Attorney Garganese stated, "It all depends on the matter of which the decision is made. What's before you tonight is whether or not multi -family apartments, not to exceed fifteen (15) units, would be pennitted on the site. So, that's the issue that you face." With additional comments, Attorney Garganese continued, "So, if the Board needs more information on various aspects on how the project is designed and its relevance? To the criteria, you should be taking that in now and considering it before you make a decision, rather than wait later on and use that as a basis to deny — a pen -nit request." Brief remarks. Chairperson Henderson inquired about access to the property and the impact that would have on City events. Mr. Fields commented, "The problem with the access would be for the Fire Department. It's not really just a resident parking issue; it's that we need the secondary access that would be needed. That if the roads were closed that emergency vehicles have the ability to get the property," Additional comments followed on road closures for events, access to the property, and if the concept would even work in the Town Center. Vice -Chairperson Phillips asked about the access between the residential side and the office side. Mr. Iriye answered, "We have two (2) separate buildings designed here, they are connected by a catwalk on the second story. On the bottom floor of the building that's along the BIumberg [Boulevard] side, the bottom floor is completely office space. It's shared offices, conference rooms, and a print center, and then access to the second is via an elevator that's in the other building. So, access to the areas are separate from the area that is strictly commercial.'" Further comments followed on the design of the building. Attorney Garganese commented, "I just want to augment some of my previous comments, because I think it's relevant. This application for fifteen (I5) multifamily apartment units CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING ,NND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER7,2018 PAGE 7 OF 9 is being presented in conjunction with this concept. So, what happened if the applicant would change his mind on the concept and the Board has approved fifteen (15) multifamily units? So, it just seems that some of the analysis that's going on and the presentation is tying the multifamily units with this concept - is that the way this application is traveling?'' To which Mr. Iriye answered, "No." Hs. Molina li-ive, 150 Tuskawilla Rocul, Linter- Springs, Florida: introduced herself to the Board and commented on the time, money, and how they would not be changing their minds on this concept unless otherwise told so. Attorney Garganese clarified. "My question wasn't for purpose of changing the plan. I'm just trying to get clarification on how the application is being presented for approval as a package or rather multifamily was just being presented.'" Ms. Iriye, stated "The reason we are presenting multifamily is because when we originally bought the property we didn't have to get this exception. Now we have to come before you because the rules were changed." Board Member McCann asked, "If we voted to allow multifamily would they be allowed to sell that property with that multifamily special exception?" Attorney Garganese replied, "Of course, the special exception would run with the property. As we noted in previous applications, there's a period of time in which the special exception has to be implemented or it becomes null and void, but it would run with the property until it became null and void or some other property owner or this property owner takes action to pull a building permit to build the multifamily." Further comments ensued on tilne frames, development agreements, and conditions. Vice -Chairperson Phillips inquired about the ability to make contingencies. Attorney Garganese answered, "It can be_ There can be conditions imposed on the special exception. To the extent that is relevant to the Board's decision to grant the multifamily units and its relevance the Board can impose a condition. Mr. Fields added, "Staff is presenting the application as submitted and as it's presented to the City Commission, we would recommend that any special exception of this nature be memorialized in a developer's agreement with any other conditions that the City Commission seeks to apply to it if they were inclined to approve it. So, this Board, as a part of a recommendation, recommend some conditions that we would pass along to the City Commission with whatever action this Board takes." CH WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOAR011-OCAI. PLANNING AGENCV REGULAR MEETING - NOVEMBFR 7, 2Q18 PAGE 8 OF 9 C hairj)erson Hencle rson ol7er?ed "Public InInit No one spoke. Chairperson Henderson closed ''Public Input ". Discussion ensued on ways the Board could vote, ways the Board could make a motion with recommendations to the City Commission, and access to the property during city events. "I'LL PUT FORTH THE MOTION FOR APPROVAL OF `403' WITH THE CONDITION THAT IT'S GOING TO BE USED WITH OFFICE SPACE THAT'S COMBINED WITH THE. RESIDENTS." ATTORNEY GARGANESE ADDED, "AND THE STAFF RECOMMENDATION THAT IT WILL NOT EXCEED FIFTEEN (15) UNITS." MR. FIELDS CLARIFIED, "WE DO NOT HAVE A SPECIFIC STAFF RECOMMENDATION ON THIS ONE. WE WENT THROUGH THE CRITERIA AND LISTED SOME OF THE WAYS IN WHICH IT WAS EVALUATED BUT THERE IS NO SPECIFIC RECOMMENDATION." ATTORNEY GARGANESE REPLIED, "I THINK YOUR STAFF RECOMMENDATION IS IF THE BOARD ADVISORY RECOMMENDATION IS TO APPROVE THE SPECIAL EXCEPTION THAT STAFF RECOMMENDS THAT THE PROJECT BE LIMITED TO FIFTEEN (15) RESIDENTIAL UNITS AS STATED IN THE APPLICATION. FROM WHAT I UNDERSTAND THE MOTION, THEY WANT TO APPROVE IT AS LONG AS THEY HAVE THAT LIVE -WORK -OFFICE RESIDENTIAL CONCEPT THAT'S BEING PRESENTED NOT TO EXCEED FIFTEEN (15) MULTIFAMILY UNITS." VICE -CHAIRPERSON PHILIPS CONTINUED, "ALSO WITH THE CITY HELPING THEM TRYING TO GET THAT EASEMENT FOR THAT TEMPORARY USAGE." MOTION MADE BY VICE -CHAIRPERSON PHILIPS. SECONDED BY CHAIRPERSON HENDERSON. DISCUSSION. VOTE: BOARD MEMBER MAH: AYE VICE -CHAIRPERSON PHILLIPS: AYE BOARD MEMBER McCANN: NAY CHAIRPERSON HENDERSON- AYE BOARD MEMBER EVANS: ABSTAINED MOTION CARRIED. CITY OF WINTER SPRINGS. FLORIDA MINUTES PLANNING AND ZONING BOARD/FOCAL PLANNING AGF,NCY REGULAR M ETING — NOVEMBL R 7, 2018 PAGE 9OF9 REGULAR AGENDA RFGCLAR 500. Not Used 600. REPORTS Chairperson Henderson opened "Public Input ". No one spoke. Chairperson Henderson closed "Public Input". Brief comments followed on the upcoming meetings. ADJOURNMENT Chairperson Henderson adjourned the Regular Meeting at 6:38 p.m. RF,SPECTFULLY SUBIVITTED: � f JESSICA BURN AM' ASSISTANT TO THE CITY CLERK NOTE: These Minutes here Approved at the .lanuary 15.2019 Planning And Zoning Board/Local Planning Agency Regular Meeting_ This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. R E °° EVE I'p"°� Y 0 b ,✓ I N, ems. A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTEDI Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS(continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: -�a hn r l' ye TT 4(sco5se A r -Fo r-mG ►1y - tie- m (e -'`ny a-� U S � i 4--- n, -I- ceito I e--Fot-e F i- Z. ®0 I C - oUe nevev- AtiscvsseP�►LL ors '" �r s, �v� �.� Cs yc-a� rs o CX Td nGac iC a \' � M(z. r1 vas L f-eC V3^eck G� �buiA rtce a> If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date I' filed nature ✓, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.