HomeMy WebLinkAbout1995 08 16 Planning and Zoning Board Regular Minutes
Planning and Zoning Board
Meeting Minutes
August 16, 1995
1. Call to Order:
Meeting called to order by Chairperson Hoffmann at 7:00 P.M.
Attendance:
Art Hoffmann, Chairperson, Present
Sherilyn Hill, Present
William W. Fernandez, Present
Gene Lein, Present
Carl Stephens, Jr., Present
Thomas Grimms, Community Development Coordinator
2. Consideration of the August 2. 1995 Meeting Minutes:
- Chairperson Hoffmann noted that on page four of the minutes, the Board's motion was shown,
but no record of the vote. Mr. Fernandez moved to approve the minutes as amended to show
the Board's vote on the Lefller request. Seconded by Mr. Stephens. Vote: Sherilyn Hill,
abstain (not present at August 2, 1995 meeting); Mr. Stephens, aye; Mr. Fernandez, aye; Mr.
Lein, aye; Chairperson Hoffmann, aye; motion carried.
3. Old Business:
A. Comprehensive Plan Amendment to eliminate certain collector roads and
transportation impact fees.
Chairperson HotTmann explained that collector roads were proposed by the previous planner.
These were indicated collector roads to ease transportation throughout the community. This was
in part, related to the Comprehensive Plan and the program of improving transportation.
Mr. Grimms explained that when the Comprehensive Plan was being formulated, it wasn't known
if S.R. 434 would be widened; there was discussion, but no commitment. As a result, the Winter
Springs "Loop" was considered on the premise that it would not be widened. They had to take a
position to do their formulations of the "Traffic Circulation Maps." Now that we have a definite
commitment to widen S.R. 434, this eliminates the need (I think) for the Winter Springs "Loop."
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 2
With the building of the high school, the road would be close to the back of the building. The
School Board has property near the intersection of S.R. 419 and S.R. 434, and that also is an
accomplished fact. So these are two other situations that were not envisioned when the
Comprehensive Plan was being created.
Mr. Grimms reported what he found in the Comprehensive Plan, (date inventory analysis
section). He said there does not exist a good road network of north, south, east and west for the
City for its size of population. S.R. 434 and Tuscawilla Road are very good, but with the
planning guidelines that we have, there is usually at least another east/west and north/south
arterial level road. We do not have that, and I think that the Panama Road extension was an
attempt to address that in part.
Mr. Grimms said the proposal is to drop the Panama Road extension that is proposed to go
through environmentally sensitive areas, which I can go along with that as a planner. I would like
to see reviewed later, a Bahama Road extension coming east off Bahama Road, following the
basic route of the Panama Road extension. It would be more aligned in a straight line. We can
delay review pending traffic counts showing a need.
Chairperson Hoffmann asked what extension went through an environmentally sensitive area?
Mr. Grimms said it is the Panama extension, traveling eastward from the intersection of Shore
Road and Panama Road eastward to Tuscawilla Road. A good portion of that is environmentally
sensitive.
Chairperson Hoffmann asked if a "power line II went through there? Mr. Grimms said that a
power line does go through the area, but it comes in a north/south fashion.
Chairperson Hoffmann asked if it is where the City has eflluent ponds? Mr. Grimms said that
it does go through that area of the city's eflluent fields; that also must be dealt with.
Mr. Grimms said right now, the approved subdivision of Winding Hollow has homes built in the
first phases of the road infrastructure there. A good portion of the alignment of the road coming
down from S.R. 434 down to the Panama Road extension is approved in the subdivision plan for
Winding Hollow. The Winding Hollow road curves southeastward, and is supposed to lineup
with the road that ends immediately on the south side of the Panama Road extension. As I
understand, the agreement was that there would be a barrier between the two roads aligning with
each other. If in the future there was a need, the barrier would be removed.
Mr. Lein asked Mr. Grimms if he was referring to Trotwood Boulevard? Mr. Grimms said yes
that would be the "Trotwood Extension. II
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 3
Chairperson HotTmann explained that the Trotwood Extension was settled by placing a barrier
that could only be used in emergencies, ifin deed it would be used that way. There was much
discussion regarding the "Trotwood Connection" at the Commission meetings because though
Trotwood was wide enough for traffic, there were too many homes along there, making it
unsuitable as a collector road.
Mr. Stephens also mentioned that Bahama Road would be running through an environmentally
sensitive area.
Mr. Grimms explained that the only reason Bahama Road is mentioned is that he recommends
the City revisit the question five years from now, and see if the traffic counts suggest a
consideration of an extension off Bahama Road to Tuscawilla Road. This will provide a more
straightened road alignment. That is the reason we suggest Bahama Road, but again both of them
would go through an environmentally sensitive area.
Ms. Hill asked if Bahama Road went all the way out to Moss Road? Mr. Grimms said that it
does, and believes it turns into a dirt road at that point.
Chairperson Hoffmann asked if we were looking for a road to relieve congestion or traffic
density on existing roads? Are we looking for an alternate road for emergencies?
Mr. Grimms said the orientation is to relieve congestion which either exists now, or is expected
to build up within the planning horizon.
Widening of Tuskawilla Road and S.R. 434 to a four lane will ease the traffic congestion. It also
takes away the argument they had in the past (when they formulated the traffic circulation
element) for the Comprehensive Plan of the Winter Springs "Loop." Although not shown on the
map, the so-called Tukcawilla Bypass, would cost about 1.8 million dollars. When Tuskawilla
Road and S.R. 434 is widened to four lanes, we do not see the point in having something like that.
Ms. Hill felt that having roads on the north of S.R. 434 are not warranted at all; however, with
the high school, middle school, and elementary school all in proximity of one another, having an
alternate route (even with the widening of both Tuskawilla Road and S.R. 434), is a good idea.
When they finish widening Tuskawilla Road and S.R. 434, Mr. Lein asked if the corner of
Tuskawilla Road and S.R. 434 was going to be a traffic light corner?
Mr. Grimms said his understanding was that they will have right turn aprons and will be
controlled by the traffic lights.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 4
Mr. Stephens said that this topic has come up before when the Ranchlands were invited to
various meetings. He pointed out first that the Comprehensive Plan designates that part of the
Ranchlands as Rustic Residential, designed to protect the country type character of the
neighborhood. I'm not so sure putting a road through there will do that. Secondly, we just
settled a lawsuit where Mr. Earley has agreed to try to channel his traffic away from the
Ranchlands. That is another issue the City has put a lot of time and money into. To turn around
and put a road through the Ranchlands just does not make sense.
Mr. Grimms said as a planner and from a traffic standpoint, I would say it does make sense. On
the other hand, I appreciate the character of the area being preserved. If they do put a Bahama
Road extension through for example, you will have an increase in traffic. People will find out
quickly that there is another access to get around, and they will use it.
Mr. Lein said, so what you are saying is, the only way we are going to move around the City of
Winter Springs is on S.R. 434 and Tuskawilla Road?
Mr. Grimms said yes, if preserving the character of the Ranchlands is crucial, then the
recommendation would be not to recommend a Bahama Road extension.
Mr. Lein said at the present, there is only one entrance and exit for the subdivision of Winding
Hollow; are there plans for a second entrance and exit?
Mr. Grimms said he did not know at this time if anyone had plans for other entrances and exits.
His understanding is they are thinking about putting a traffic light there. What they would like to
do regarding "Wagner Station", is run a road directly opposite of Winding Hollow, and that is
good planning.
Discussion as to the amount of homes ultimately to be built in the Winding Hollow subdivision
and the effects on traffic, and future need for addition entrances and exits.
Mr. Fernandez moved to delete the Shore Road extension from the 1997 - 2010 Future Traffic
Circulation Map of the Comprehensive Plan. At this point, I am just limiting it to that, we can
discuss the others one at a time. Seconded by Mr. Stephens.
Discussion.
Mr. Grimms said the staff recommendation is to delete from the 1997 - 2010 Future Traffic
Circulation Maps, the collector roads shown in the Planning and Zoning Board's mail out
highlighted in yellow.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 5
Chairperson Hoffmann questioned a section of Shore Road going onto S.R. 434, which should
also be deleted.
Mr. Grimms explained that if not indicated, it was an oversight, and should be included.
Chairperson Hoffmann also noted that the Tuskawilla By-pass from Tuskawilla Road to S.R.
434 was not in there.
Mr. Grimms explained that was a separate issue that would be coming before the Board at
another time; however, if the Board wanted to so indicate, may do so at this meeting.
Chairperson Hoffmann said if we put it in there, it would wind up as a road to nowhere. Are
you saving people from making a right turn at that light? I'm speaking of the Tuskawilla By-pass.
Mr. Grimms said the reason it was not put in was because it was coming up as a separate
Comprehensive Plan amendment. Also these roads would be funded under the Transportation
Impact Fee, which is the other reason we did not include it.
Chairperson Hoffmann asked if we delete it now, would there be a problem getting it back? If
we leave it in, is there any consequence? Mr. Grimms said that they do not have to take action
on the Tuskawilla Bypass at this time.
Mr. Fernandez restated his motion of recommendation to the City Commission to delete from
the 1997 - 2010 Future Traffic Circulation Map of the Comprehensive Plan to include all the areas
designated in yellow on our map which is the Winter Springs Loop, the four connecting points to
S.R. 434, the Shore Road including the northern intersection with S.R. 419 and S.R. 434, Eagle
Ridge Drive extension, and the Panama Road extension. Seconded by Mr. Stephens.
Chairperson Hoffmann asked for any discussion from the public; none submitted.
Mr. Lein said the proposed extension of Bahama is not on here. Mr. Grimms said he had just
mentioned that for the future. Mr. Lein said, but you have it in your staff recommendation that
states, ... "to delete from the Comprehensive Plan, Winter Springs Loop, and the Shore Road
extension, and the extension of the road eastward from Bahama Road rather than from Panama
Road . . ." In other words, the way I read this, it should have been on Bahama Road, and you
want to delete that?
,- Mr. Grimms said there was a series of discussions at staff level and this was written before the
succeeding discussion was held at staff level. At this time, do not delete Bahama Road, but
Panama Road.
^'~..-.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 6
Chairperson Hoffmann asked Mr. Grimms if the staff recommendation was going to be
amended to agree with the motion this evening? Mr. Grimms answered yes.
Ms. Hill, for clarification, asked Mr.Grimms if what he was saying was, he does not recommend
that we have any road connecting either Panama, Bahama or any other roads leading over to
Tuskawilla Road?
Mr. Grimms said that is correct at this time.
Chairperson Hoffmann asked for a vote on the motion made by Mr. Fernandez.
Vote: All aye; motion carried.
Chairperson Hoffmann said the second part of this has to do with the impact fees. It was
mentioned that many impact fees collected are for transportation use. Ifwe are amending the
transportation plans this dramatically, we have reduced the need for the amount of impact fees we
are collecting. The question is, are we still able to collect them, or are we by law then required to
diminish them to a certain extent?
Mr. Grimms explained that the Comprehensive Plan and Traffic Circulation Element does show
that the collector road system shall be funded by the standards driven transportation impact fee.
The way it is written in the City regulations does not give us a choice to negotiate or bargain with
the developer on transportation impact fees. They have to pay the transportation impact fees.
The reason the staff has made this recommendation is that so much of the collector road system
is recommended for deletion from the 1997 - 2010 Future Traffic Circulation Map until further
needs are realized. Although I cannot personally prove this, I have heard it said that developers
are looking in different areas that will enable them to make deals on such things as transportation
impact fees. Because we are unable to, we are putting ourselves at a competitive disadvantage
for attracting development, whether commercial or residential. That was the basis for the staff
recommendation.
Mr. Fernandez said the staff recommendation he was reading from may have been from the first
meeting of August, but it talks about a study. He asked Mr. Grimms if he felt this was still
appropriate.
Mr. Fernandez read from the recommendation that stated, . . . "a study should be done to find out
the effects of such an adjustment or elimination of the impact fees on other proposed road
improvements indicated in the Comprehensive Plan. "
As a planner, Mr. Grimms said he always feels more comfortable with a study in hand to make a
solid recommendation.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 7
Mr. Fernandez asked if this was going to be a staff study, or would the City have to hire a
consulting firm?
Mr. Grimms said the City would get an outside consultant because we do not have the staff
expertise to do traffic counts. He felt a study would be appropriate, but the final decision remains
with the City Commission.
Further discussion regarding transportation impact fees.
Mr. Fernandez moved to recommend to the City Commission that a study be done to determine
whether or not to eliminate or reduce impact fees as a result of changing or deleting certain roads
from the future road plan for 1997 - 2010. Seconded by Ms. Hill. Vote: All aye; motion
carried.
B. U odate discussion of Land Develooment Re2ulations
Chairperson Hoffmann asked the Board members if they received Mr. LeBlanc's comments to
Fred Goodrow dated April 5 and April 21? All members received comments.
Chairperson Hoffmann asked the Board members to refer to their August 15 memo regarding
Chapter 6. The first new item dealt with building regulations. Chairperson Hoffmann said this
item describes certain changes concerning the 1994 Edition of the Southern Building Code
(SBCCI).
He pointed out that Mr. LeBlanc refers to Chapter 6, page 6-1 of the LDR's, article number three
(3) that deals with the standard building code. Previous editions dated 1988 are now updated to
1991. Mr. Hoffmann asked if the Building Official, Don Houck, is requesting that we change the
date to read, "1994?"
Mr. Grimms said that is correct, and Mr. Houck will be approaching the City Commission with a
recommendation that the City pass an ordinance incorporating those changes made by SBCCI.
Chairperson Hoffmann asked if they should bring it up to date now rather than have to do it
again? Mr. Grimms said yes, after the City Commission makes their changes.
Chairperson Hoffmann asked the Board for concurrence on changing the Standard Building
Code year from" 1991" to "1994" edition if the Commission will approve the recommendation of
Mr. Houck; the Board concurred.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 8
Chapter 9 - Land Development
Chairperson Hoffmann said that there should be a statement of purpose and intent at the
beginning of the Chapter.
Mr. Grimms explained that first, he was familiar with that type of arrangement from other places
he has been, and two, believed that the City attorney mentioned that this helps create a defensible
basis for that section that begins with the purpose and intent.
Chairperson Hoffmann asked Mr. Grimms ifhe had established any wording for this. Mr.
Grimms said that he had not, but he would have something prepared for the next meeting.
It was also suggested that the wording, "Site Plan Review Board" be changed to "Development
Review Committee. "
Mr. Grimms said that a site plan is developing a parcel ofland, and not dividing it. A subdivision
is usually thought of as a residential development where you subdivide the parcel of land into
many subdivisions of that parcel. He felt that Site Plan Review gives a misnomer because the Site
Plan Review Board as it is now labeled, reviews much more than just site plans. The usual term
used around the state is, "Development Review Committee. "
Discussion as to the wording to be placed for procedure for submittal of site plans, applicants, etc.
Discussion or Don LeBlanc's Memo to Mr. Grimms dated Aus!Ust 10. 1995 resmrdin2 his
comments to Mr. Goodrow. dated April 5th. 1995:
Mr. Lein asked if Mr. LeBlanc was recommending that Section 9-224 be deleted entirely?
Chairperson Hoffmann explained that comment eight (8) had to do with page 9-1, section
927(a), but was not sure what he was referring to. Mr. LeBlanc's original question was, what
about engineering plans approved by the platting?
Chairperson Hoffinann read the following: ".. .development standards is not required if it is in
conflict with the previously approved plat. . .", and that is what Mr. LeBlanc's question is.
What Mr. LeBlanc is saying is, what happens to plans that have been approved, and what about
plans that are undergoing staff review prior to this code? I think he is concerned with saying you
don't have to comply with standards in this code, and it also has to do with what happens when a
,- code changes.
The Board did not understand Mr. LeBlanc's comment number eight (8), and asked that Mr.
LeBlanc explain it, or reword it.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 9
Comment nine (9). Section 9-224. page 9-5. Docks and Piers - April 5. 1995:
Item (G) states, . . . "no roof structure will be allowed". . . , and Mr. LeBlanc suggested deleting
entirely. In other words, what we are saying is we do not have any specific objection to having
roofs on docks. If so, we can make a decision on a case to case basis.
Mr. Grimms, for clarification, asked if the Board concurred regarding comment number nine (9)?
The Board concurred.
Comment ten (10). Section 9-241 - April 5. 1995:
Chairperson Hoffmann said that Mr. LeBlanc's original question regarding Comment ten (10),
Section 9-241 was that it was not addressed. Mr. LeBlanc wrote that this change was mailed to
your (Mr. Goodrow) office by the Commission on March 27, 1995. Chairperson Hoffmann said
that what Mr. LeBlanc is saying is that Section 9-241 should be included.
Mr. Stephens commented that Section 9-241 had to do with "Stormwater Management."
Chairperson Hoffmann said that the Commission has adopted the stormwater management plan.
We assume that this may be included, and the question is a valid one.
Mr. Lein said I guess the answer there is yes, right? Is he asking us a question on comment ten
(1O)? Chairperson Hoffmann said, yes, but he is saying,. . . "does this mean that the ordinance
was sent to Mr. Goodrow for review?" Has Goodrow reviewed it? That should be sent back.
Comment eleven (In. Section 9-281(e). page 9-12. Wetland Mitigation - April 5. 1995:
Chairperson Hoffmann said that in his notes it states that we place in the middle of the first line
after the word, SHALL, ... "compensatory wetland mitigation shall be within the City limits of
Winter Springs and shall require. . .".
Mr. Grimms asked if he was saying, . . . "to add to the extent possible. . . ." Chairperson
Hoffmann answered, okay,. . . "shall to the extent possible. . . .", so we will place the words, . .
. "compensatory wetland mitigation shall to the extent possible, be within the City limits of Winter
Springs. . . . It
Chairperson Hoffmann referring to Section 9-283(b), #3 said that after the word City, add the
words,. . . "and other appropriate governmental agencies. . . ."
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 10
Comment number thirteen (13). Section 9-347. page 9-17 - Duties:
The following changes are to be made to page 9-17, (last lines):
a) Within the sentence,. . . "within fifteen (15) working days after determination by the entire
site plan review board that the application is complete. . . ", underline the word AFTER.
b) Change the wording, "Site Plan Review Board" to "DEVELOPMENT REVIEW
COMMITTEE. "
******************************************************************************
NOTE FROM THE RECORDING SECRETARY:
Regarding Mr. LeBlanc's comment #13, Section 9-347, page 9-17, Mr. LeBlanc writes, . . . "last
lines - this has been changed and is acceptable if the meaning of that portion. . . "that the
application is complete. . . " also means that the plans are IN COMPLIANCE WITH THE CITY
CODE. During the process of listening and typing the minutes of August 16, 1995, the Planning
and Zoning Board did not address this issue raised by Mr. LeBlanc.
******************************************************************************
Mr. Lein pointed out that because of the name change of the "Review Board" to,
"DEVELOPMENT REVIEW COMMITTEE" , anything referring to boards should be changed
to committee, and anything referring to Site Plan Review Board should be changed to
Development Review Committee throughout the entire Code Book.
Mr. Lein asked Mr. Grimms why the change from the word board to committee?
Mr. Grimms explained that BOARD is generally considered to be something that is non staff
level; a standing body that is either appointed or elected. What we are talking about here is staff
level that is a body of people that reviews and makes recommendations to the Planning and
Zoning Board.
Comment fifteen (15). Section 20-105. paee 20-5 - Minine or other earth extractions:
The Board agreed to add the following after the words, the City of Winter Springs in the first
sentence, . . . "except for earth excavation for stormwater management, building site
preparation, or construction of a swimming pool."
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 11
Comment 23. Section 20-355(3). paee 20-14 - Comment 24. Section 20-355(9). paee 20-15-
Comment 26. Section 20-381(3). paee 20-16 - Comment 27. Section 20-381. paee 20-17 (top
of page):
In Mr. LeBlanc's memo to Mr. Grimms dated August 10, 1995 regarding his AprilS comments to
Mr. Goodrow, Mr. LeBlanc asked that the same wording in these sections be used to satisfY the
issues raised in Comment number 13.
The Board agreed to revise the wording as follows: . . . "within fifteen (15) working days after
determination by the entire Development Review Committee that the application is complete. . . ."
Chairperson Hoffmann said that this will apply to Mr. LeBlanc's comments numbered 23,24,
26, and 27.
Comment 25 - Is there the potential of leeal conflict between net residential acre and eross
acreaee?
Chairperson Hoffmann said he felt that this issue had been addressed as to the difference.
Mr. Grimms said, currently the Comprehensive Plan uses gross acreage.
Chairperson Hoffmann asked the Board to refer to the current Code book, Section 20-376,
page 1233. Definitions. This is where gross acreage and gross residential acreage is defined.
Chairperson Hoffmann said that in Section 20-380, Site development standards lists that density
in subsection (6) of not exceeding the maximum number of units per net residential acres as
shown in the preceding paragraph. This has to do with the different densities for single-family,
patio and townhouses, etc. This is under Planned Unit Development (PUD). Where else does
density show gross acreage?
After the Board's efforts to find density to show gross acreage, Mr. Grimms said that he would
take this issue back to Mr. LeBlanc for an answer.
Chairperson Hoffmann said Mr. LeBlanc is referring to the Comprehensive Plan. This item
refers to net residential acreage and the Comprehensive Plan uses gross acreage.
Mr. Grimms said this is located in the Land Use section, page 14 of the Comprehensive Plan.
Mr. Stephens asked Mr. Grimms if he was referring to the following sentence in the
Comprehensive Plan, . . . "residential density shall not exceed dwelling unit per five gross acres?"
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 12
Mr. Grimms said yes, it talks in terms of gross acreage in the Comprehensive Plan.
To reaffirm, on page 22 concerning Mixed Use, density and gross acres. Mr. Grimms said that he
will get with Mr. LeBlanc concerning this issue.
Mr. LeBlanc's memo of AUl!:ust 10. 1995 referrinl!: to his comments of Aoril21. 1995 to Mr.
Goodrow:
Comment one (1):
Same comment as addressed in comment number 25 listed in memo of August 10, 1995.
Comment three (3). Section 20-390. page 20-20. Table of landscape butTer requirements:
Mr. LeBlanc's comments states,. . . "does the letter designator "n" mean that no buffer is
required? Please align the buffering requirement for URB directly under the column.
Chairperson Hoffmann said somewhere there is a code, and the code should be close to where
the chart with letters are so you are not left wondering what it all means.
The letters A, B, C, D, and N exist, but the code does not explain what the letter "N" is.
IDENTIFY THE LETTER "N".
The buffering requirements need to be aligned directly under the URB Column.
Comment six (6). Section 20-417. page 20-20 and page 31. Group home floating zone:
In Mr. LeBlanc's memo, he talks about Chapter 419, Florida Statutes (Community Residential
Homes), subsection 419.001(2) that reads, . . . "Homes of six or fewer residents which otherwise
meet the definition of a community residential home shall be allowed in single-family or multi-
family zoning without approval by the local government, provided that such homes shall not be
located within a radius of one thousand (1,000) feet of another existing such home with six or
fewer residents. . . ."
Mr. LeBlanc's question is, . . . "Can the City be more stringent in its requirements, especially
when the City does not have approval authority for that mentioned above?
Mr. Grimms said that Mr. LeBlanc is referring to Section 20-417 paragraph (c), Approval of
group homes; standards. Can the City be more restrictive? Generally speaking, Mr. Grimms said
a local government can be more restrictive than the state, but cannot fall below the minimum
requirements set by the state. There are certain exceptions.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 13
Chairperson HotTmann said the statutes talk about six or fewer residents, and asked where we
limit the number? He then referred to and read from Section 20-417 subparagraph (3) which
states: "In no case shall the total occupancy of a structure designed for group use exceed
the following: that allowed in section 16.1.7.1 of the Life Safety Code (or 200 square feet
per occupant)."
Chairperson Hoffmann said that his (Mr. LeBlanc) original comments on this had to do with
the same paragraph; he says, . . . "this section is in conflict with Florida Statutes, it is assumed that
an Adult Congregate Living Facility (ACLF) is a group home. . . ", and that is true.
Mr. Stephens questioned Chapter 419, Florida Statutes, and asked if that is based on the
assumption that once the state issues a license, the city has no say?
Chairperson HotTmann said that he thinks it has to do with zoning, but what we are looking at
are the standards.
Mr. Grimms said that the state can issue a license below the threshold of six (6) or fewer, and
the city cannot restrict or prohibit. Above that amount, city regulations can control to some
extent.
Mr. Fernandez said the "home rule" plays in there, if you have a home rule city or home rule
county, then the state has delegated authority to that city or county in all those areas.
Chairperson HotTmann said that it doesn't indicate the maximum number other than saying two
hundred (200) square feet per person or occupant.
Ms. Hill questioned if it is in direct conflict with the Florida Statutes, can you put it in there?
Chairperson HotTmann said that is a question we are not sure just what it is he sees in conflict.
Tom is saying that the city can be more stringent in its requirements above the threshold of six
(6). He asked Mr. Grimms to have Mr. LeBlanc clarify.
Chairperson HotTmann asked the members if they had other questions or comments.
Mr. Stephens, referring to the LDR's, Section 20-161, page 20-6. Designation., read the shaded
sentence that states, . . . "The appropriate land use plan designations are Lower Density and
Moderate Density Residential." He noted that the word respectively needed to be added at the
end of the sentence. A developer can misuse this statement and say whether it is Rl-AA or
RI-A, I can use either one.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 14
Mr. Stephens said what we are really saying here is Rl-AA is lower density and RI-A is
moderate density, and we need to make that clear.
Chairperson HotTmann said that it states Land Use Designation~, which is two?
Mr. Stephens felt that the word respectively should still be added to make it very clear.
The Board agreed to add the word respectively.
Mr. Fernandez asked Mr. Stephens if he also wanted the word respectively added after the
word Residential in Section 20-181. In general. First paragraph, last sentence?
The Board agreed to also add the word respectively at the end of the sentence after the word
Residential in Section 20-181.
Mr. Stephens, referring to the LDR's, Section 20-396--20-410. Reserved., page 20-29
questioned that since that is reserved and there is no mention (for example) of20-414, does that
mean it will automatically be left in the Code book?
Chairperson Hoffmann answered yes, anything that he hasn't changed or modified will still stay.
Mr. Stephens said Mr. Goodrow has this section as being reserved, and that makes me wonder if
something is not stated later about reserving it, will it still be there? Do you understand what I am
saying?
Chairperson HotTmann said by putting it this way just means that if at some later date we
wanted to add a section, its already in there.
Mr. Grimms said that regarding rules of procedure especially as it relates to quasi-judicial
matters, explained that the City Manager took the issue to the City Attorney for review and
comment.
Mr. Grimms said that another question brought up at the last meeting was whether the Board
should be called the Planning and Zoning Board, or Local Planning Agency? Actually the Board
should be called both because you have different and separate functions. The City Commission
also has appointed this Board as the Local Planning Agency.
Chairperson Hoffmann asked how the second title is to be added?
Mr. Grimms explained that when the Board deals with things related to the Comprehensive Plan
amendments as Comprehensive planning, Comprehensive Plan amendments, LDR's, these fall
under the title, Local Planning Agency.
Planning and Zoning Board
Meeting Minutes - August 16, 1995
Page 15
Mr. Grimms went on to explain that all other matters are as Planning and Zoning Board.
Chairperson HotTmann said the next meeting if required, would be September 6. He informed
Mr. Grimms that when the time approaches, the decision to have Mr. Goodrow present will need
to be made. If all the minutes are up to date, answered and satisfied all of Mr. LeBlanc's
questions, we could bring in Mr. Goodrow.
V. Adjournment:
Meeting adjourned at 9:30 P.M.
Respectfully Submitted,
'.' ~~~
Shirley . Frankhouser,
Administrative Secretary
Prepared September 11, 1995
THE NEXT SCHEDULED MEETING OF THE PLANNING AND ZONING BOARD WILL BE HELD
WEDNESDAY, OCTOBER 4,1995 AT 7:00 P.M.