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HomeMy WebLinkAbout1991 03 13 Planning and Zoning Board Regular Minutes ~ ~ ... . . PLANNING AND ZONING BOARD MINUTES March 13, 1991 BOARD MEMBERS: David Hopkins, Chairman, Absent David McLeod, Vice-Chairman, Present John Horan, Present Martin Trencher, Present John Ferring, Present CITY OFFICIAL: J. Koch, Dir. Adm. / Compo Planning The meeting was called to order at 7:32 p.m. Approval of Minutes of January 16. 1991: Ferring moved to approve the minutes of January 16, 1991. by Horan. Vote: Trencher: aye; Ferring: aye; McLeod: Horan: aye. Minutes approved as recorded. Second aye; Approval of Minutes of January 24. 1991: Trencher moved to approve the minutes of January 24, 1991. by Ferring. Vote: Ferring: aye; McLeod: aye; Horan: Trencher: aye;. Minutes approved as recorded. Second aye; Approval of Minutes of January 30. 1991: Horan moved to approve the minutes of January 30, Ferr ing . Vote: McLeod: aye; Horan: aye; Ferring: aye;. Minutes approved as recorded. 1991. Second by Trencher: aye; Request of David Bergstresser to annex Lots 1, 2, and 3 (less road), Block B, Johnson's Poultry Farms, PB 6, P.B - South side of SR434 west of School: Request is to corne into the City under a C-1 classification from the current County classification of C-2. Koch stated they are developed properties including Beverage Barn, a batting cage and a building which has in the past been a florist shop and a beauty salon. County C-2 is comparable to City's C-1. The auto body shop would be a non-conforming use, however, the owner is aware of this. As long as it stays in operation, there should be no problem. Trencher asked if Board approved request and the auto shop continued business as is, would the zoning code prevent another body shop from beginning a new business on that property. Koch stated new operations would have to comply with the existing zoning classification at that time. Horan moved to approve the request of David Bergstresser to annex Lots 1, 2, and 3 (less road), Block B, Johnson's Poultry Farms, PB 6, P.B. Second by Ferring. Vote: Horan: aye; Trencher: aye; Ferring: aye; McLeod: aye. Motion carried. ...... r n .. . . Planning and Zoning Board Minutes March 13, 1991 Page 2 Request of Ned and Thelma Voska to annex Lots 4, 5, and 6, Block B, Johnson's Poultry Farms, PB 6, P. 8 - South side of SR 434 west of Winter Sprinqs Elementry: Request is similar to above, coming from County C-2 to City C-1. There exists a business-occupied home on the property, containing an office and a beauty salon. McLeod noted that this is the property with the auto body shop on it. Ferring moved to approve the request of Ned and Thelma Voska to annex Lots 4, 5, and 6 of Block B, Johnson's Poultry Farms, PB 6, p.8. Second by Horan. Trencher mentioned that annexation would require property owners to comply with the City's sign ordinances and suggested existing signage may not be up to City code, specifically the auto body shop. Koch replied that under the non-conforming use, they would be able to retain current signage; newly installed signs, however, would have to comply with code. Vote: Trencher: aye; Ferring: aye; McLeod: aye; Horan: aye. Motion carried. McLeod adjourned the regular meeting and opened the public hearin9s regarding the 1991 Comprehensive Plan Elements. Public Hearinq - 1991 Comprehensive Plan Elements There were no public comments on the elements. Infrastructure- Solid Waste: Koch stated City is required by state to reduce solid waste to landfills by 30% per capita by 1994; 15% which must be recyclables. Private contractor operating recycling effort reported 50 tons have been picked up since the program began in January. Contractor also reported a 50% participation rate by the public. other 15% reduction will be in other items no longer accepted as general waste for landfills. with regard to yard waste, the contractor will do a separate run to pick up yard waste beginning in 1992. City needs reports from yard waste contractor detailing tonnage picked up. Koch explained that "white goods" are another item classification incorporated in the 15% reduction. Tires, lead acid batteries, toxic household wastes must also receive special handling. Amnesty Days have not been convenient, so Koch suggested we investigate the use of "igloos" to collect toxic household waste. They will be positioned on City property sites, like the fire stations, to be more convenient to the public. Trencher noted that many of our elements address the pUblic's need to know and participate in new programs, especially in waste j ~ \ . . ~ .~ i+, Planning and Zoning Board Minutes March 13, 1991 Page 3 management. He asked if the City plans to educate the public to the existence and importance o( these changes. Koch replied that they have been educated and will continue to receive information on these topics. Horan noted that the Policies section of the Solid Waste element details the need to provide public education. McLeod noted that there may be a liability problem with locating a toxic waste collection container on the City's property should there be a spill. Koch replied that a private contractor will remove the entire igloo and replace it with an empty one. No leakage should occur as the unit is not emptied on our site. positioning on the fire stations property where trained city employees oversee the sites will help diffuse the risk. Conservation: Koch noted the City wants to preserve the natural integrity of the City as that is what attracted residents to the area in the first place. Water conservation is a primary concern. Trencher expressed concern over the fact that many of the elements in the Plan contain statements which will require adjustments to existing codes. He wants to see a listing of all legislation which will have to be adopted by the City Commission (an inventory of ordinances to be adopted). Koch noted that input will be provided by the respective heads of the various City departments. Horan asked what the process is for listing and. adopting code changes. Lee Worsham stated that consultants outline the required regulations necessary to enforce the Comprehensive Plan. The City Attorney will then draft the new code provisions. Trencher queried about the level of detail we need to state in the plan regarding new provisions, for example the requirement for a IIsubstantial bufferll between developments. The concern involves ambiguous statements. Koch replied the definition is provided in the code. Lee Worsham said we need to be more specific. Ferring questioned if the City can set regulations which overlap the regulations set by another agency or the State, like conservation of wetlands by the St. Johns River Water Management District. Trencher asked which regulations would supercede. Worsham replied that City code can be more stringent than that of another agency; there is no law prohibiting a City to adopt such regulations. Koch and Worsham stated that the City is allowed to permit uses within a zone classification which may supercede regulations of another agency. ~ "...... .....-. ,,-' Planning and Zoning Board Minutes March 13, 1991 Page 4 Horan questioned the level of land use changes which are being proposed in the Plan. Koch stated the land use changes presented may, for instance, change the type of residential use but is not changing use from, commercial to residential. There are shifts within categories. McLeod noted there are new categories of land use. He also asked if after presenting the Plan to the DCA, can we make major changes and omissions if we subsequently review items and determine they should be altered. Worsham stated nothing is locked in till the final version is accepted by the, state. McLeod began a discussion about the concern the Board has regarding a need to begin a detailed paragraph-by-paragraph review of the Plan as opposed to just an overview of the major topics of the elements, to insure continuity, accuracy and definition of or within the elements. Horan would like an analysis to assess if the Plan may be challenged on its land use changes. Trencher would like to see a map prepared which shows the land use changes or category changes presented in the Plan. Worsham said it would be safer if a list of affected parcels was prepared for public review. An inventory~ whether in map or list form, should be prepared to protect the city. Koch noted that the pUblic has been invited to attend the proposed land change meetings on numerous occasions but, in general, has failed to attend. Trencher requested that Worsham take the current Plan documentation and review for inaccuracies, conflict,s and ambiguities. He believed specifics brought out in Board meetings are not getting into the document. Koch replied that she has requested input from the Board on element drafts but has received none. Worsham stated he has yet to provide feedback to Koch on the elements as he is waiting for a complete final draft of the Plan before beginning the review process. Koch believed it was to be done on an element-by- element basis. Worsham suggested the City investigate into an extension for filing the final Plan to the state beyond the April 1 deadline. He stated that the public needs to review a complete final draft of the Plan, including all elements and supporting maps, prior to filing. McLeod noted that the comments from each Board member on the elements should not be given directly to Koch for incorporation into the document but should be reviewed as a group and discussed by the Board as a unit. Trencher stated he has several specific needs for the Plan, including a thorough review of Commercial Land Use with specific definitions, consensus and conclusions. Also needed is a complete inventory of the legislation needing to be adopted, maps demonstrating land use changes, a review of Board meeting tapes since January which , . "'--- --.. ~, ~ Planning and Zoning Board Minutes March 13, 1991 Page 5 provided specifics on the elements which may not have been included, and an executive summary outlining the overall vision for the City's future. Koch mentioned that the commercial development issues represent the consensus of the Board over the past several months and as for specific definitions within the elements, the Plan drives the code and it' is within the code where specific definitions are to be found. Trencher is concerned that the commitments made in the Plan are well understood and communicated to the public, as well as being subject to change at a later date upon review by the Board. Worsham stated that DCA goes through a procedural review process arid subsequent Plan changes will cause problems. Intergovernmental Coordination: Koch stated the largest aspect of intergovernmental coordination is the interchange of information, especially demographic and traffic flow data. Horan asked if the City should adopt joint planning agreements (JPAs) with surrounding municipalities with regards to traffic planning, sewage, and conservation. Koch replied that we reviewed a JPA with the County and Oviedo for the Expressway interchange but it was rejected. There is little interaction between Oviedo and Winter Springs. Horan asked about a JPA with the County school Board. Koch stated we already communicate with the School Board in regard to demographics and development planning and don't really need a formal JPA. We already mention coordination with the School Board in the Plan, as r~quired by law. Trencher'wanted the City to make a commitment in the Plan to work with the School Board in general planning. Koch replied we will do that but we should not form a formal committee to pursue coordination. McLeod noted that in the past, there have been problems with coordinating land use on the edges of two municipalities. Koch stated that the City has worked with dther municipalities to suggest common uses. Further, Winter Springs' perimeter has been built up with the majority of future development to be in the center of the city. Land Use - Commercial: Koch stated that the City is looking at five different districts on 434, one being the central civic-commercial district, which has performance standards covering various permitted uses. This will be one zone category in the code which has specified design ~ ~ 4 Planning and Zoning Board Minutes March 13, 1991 Page 6 performance standards. Horan reviewed the performance zoning concept - instead of setting rigid zoning classifications defining a certain type of commercial use, the land use for that property will adhere to performance standards (like homeowner's restrictive covenants). It allows mixed uses while having them coexist without having an adverse impact upon each other. Koch added that the performance standards vary by intensity of use of the property, with an office building requiring less buffering, for instance, than a manufacturing operation. Koch stated that mixed-use designations should be used in the commercial zones so as not to restrict the type of businesses locating there. Trencher asked about the south side of SR 434 and how its classification will relate to the north side. Koch replied the City wants to cluster service commercial developments on one side of the road while having office or employment centers on the other side. Performance zoning standards set on the north side of 434 cannot be applied to the south side. Trencher noted that the same standards may be negotiated with Gulfstream on the south side. Trencher questioned if we created a special taxing district for the north side of 434, would the City have to create it for other undeveloped commercial property. Worsham wasn't sure about legal ramifications relating to inequality on this issue. Trencher stated he wante~ to ensure the architectural integrity and consistency is maintained along SR 434. Also, the City should adopt architectural standards as part of the performance zoning. Koch reviewed the plans for commercial development on the west side, stating they will be handled in a similar manner as along SR 434 to the east. Trencher questioned the permitting of commercial development on the Leffler property along SR 434 as this road will be widened by 1996. Koch replied no development will be permitted which doesn't utilize the planned public railroad crossing near the City's superpark. Also concurrency requirements will limit commercial development near this property. steve Schrimsher of Schrimsher Properties Management asked the Board about the mixed-use designation for his property. Specifically, Schrimsher wanted information on what would be allowed in a mixed-use zone. Koch replied that the property could be used for office, general. commercial, retail, or affordable housing uses. McLeod noted that there currently isn't a specific definition for mixed-use, but there will be shortly. Trencher stated his desire for mixed-use would be a step-down commercial development scheme, having heavy density commercial developments L, .' i -I' , Ii , . ~ i t ~ ." "" ... :--, ~\ Planning and Zoning Board Minutes March 13, 1991 Page 7 on SR 434 out by the Expressway interchange, changing to lower density office parks as you travel west toward the town center. McLeod started a general discussion regarding the overall use'of the properties north and south of SR 434 - his thoughts being office parks and other lighter traffic uses will be on the north side while service-oriented businesses will be on the south side. Koch replied that the C-1 category will allow a number of potential uses for the property under the mixed-use designation. Also, the PUD commercial designation will become a mixed-use definition. Tr~ncher and McLeod stressed the need for a continuity of use along these properties. Future Planning and Zoning Board Activities: Trencher asked Worsham if it is feasible to present the Plan to DCA by April 1 which will pass their requirements. Worsham replied that we could meet the deadline with a concerted effort, but he needed a complete draft of the Plan by Monday (March 18th). He would then need one week to review, comment and revise the document. Trencher noted the Board would not have enough time to review the document prior to submitting to the City Commission for transmission to DCA (March 25th). Koch stated the Board could do their detailed review the week of the 18th. while Worsham did his review and rewrite. Horan stated that the staff preparing the Plan has put the Board's thoughts and conceptions in the plan admirably and the staff's and attorney's job is to review the plan to insure it meets the DCA's requirements. The Board's job is to provide guidance on the substance of the Plan; it is not competent to review the final wording of the Plan'to ensure it passes - this is up to the staff. Trencher noted that the Board must meet to formally approve the completed Plan for submission to the City Commission. He proposed the Board delay transmission of the Plan to the DCA to allow sufficient time to properly complete the process. Worsham stated the City would not "lose money" if we file for a two-week sUbmission; he further noted Palm Beach received a two-month extension. Trencher made a motion to direct counsel to investigate a two-week extension and if allowable, the Board should accept it. Second by Ferring. Vote: Trencher: aye; Ferring: aye; McLeod: aye; Horan: nay. Motion carried. McLeod asked the Board about meeting Monday (March 18th) to review the Plan prior to Worsham's review should Worsham discover a r ~ ~ , ". Planning and Zoning Board Minutes March 13, 1991 Page 8 problem in obtaining the extension. The Board decided to meet on Tuesday and Wednesday night (March 19th & 20th) should there be a problem. The pUblic hearing was adjourned at 12:32 a.m. Respectfully Submitted, Gregory Kern, Recording Secretary Planning and Zoning Board i ~