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HomeMy WebLinkAbout1998 11 04 Planning and Zoning Board Regular Minutes MINUTES PLANNING AND ZONING BOARDILP A NOVEMBER 4, 1998 - REGULAR MEETING I. CALL TO ORDER Pledge Of Allegiance The Planning and Zoning BoardlLPA meeting was called to order Wednesday, November 4, 1998 at 7:00 p.m. by Chairman Tom Brown in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Tom Brown, Chairman, present Carl Stephens, Jr., Vice Chairman, present Marc Clinch, absent Bill Fernandez, present Rosanne Karr, present Also Present Charles C. Carrington, AICP, Community Development Director Jimette S. Cook, Code Enforcement Inspector Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Approval of the October 7,1998 Planning & Zoning BoardILPA Regular Meeting Minutes Motion by Bill Fernandez. Seconded by Carl Stephens, Jr. It was agreed to accept the minutes of October 7, 1998 by consensus ofthe Board. II. REGULAR AGENDA A. Update On The City's Arbor Ordinance Code Enforcement Officer Jimette S. Cook first addressed the Board about the copy of the Arbor Ordinance that had been given to each Board Member - she explained that this was a "work in progress". There was discussion about the criteria involved with the removal of trees. Board Member William Fernandez asked Ms. Cook how this Ordinance was revised. Ms. Cook replied that "I incorporated the changes that the Public Works had worked with.. . and I also looked at Port Orange, which has a wonderful tree ordinance, Orlando; Seminole County; Boca; Winter Park; a sample tree Ordinance from the National Arbor Day Foundation; and information from Davey Tree Company - there's just a wide spectrum of sources out there. We're still continuing to gather information, and talk to MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 2 OF 11 people.. . with the Florida Nurseryman's Association; with Certified Arborists that are working in the field; tree doctor's, and what have you, and Landscape Architects to further fine tune it, and I welcome any suggestions. . .". Board Member Fernandez told Ms. Cook that he would like to assist with this effort, but that "As Staff, I would like you to get that for me, so that I may then have my comments and give them back to you, which would also hopefully be helpful to the City Commission...I am asking you at this meeting, right now...". Mr. Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator told Board Member Fernandez that he would guarantee him that he would get the information that he is requesting. Board Member Fernandez added "I want this Ordinance, not only punitive in nature when somebody violates the Code and takes out trees and so forth, without permission of the City; but also proactive to the extent that when a Developer comes in with plans, we can tell him, that we want so many trees every so many feet, and so on; just like our 434 Corridor, and our Town Overly District, and everything else in it - I want our Tree Ordinance to also be proactive". Ms. Cook asked if they would like to see the changes that the Commission had suggested, but reminded the Board that this Ordinance was still being worked on. There was discussion about the Board's responsibility to the City Commission, and what would be the appropriate manner to make any necessary revisions to this Ordinance. Chairman Brown said to Ms. Cook "Could you give us a general rundown, for our knowledge, on what the Commission has said on this.. ."? Ms. Cook reviewed her notes with the Board, (from a recent Workshop with the City Commission) on a page-by-page basis: Page I - There were no suggested revisions. Page 2 - Commissioner Blake asked that the word "approximate" be added to the definition of "D.B.H.". "D.B.H." is an industry standard to measure the diameter of a tree - "D.B.H." stands for Diameter at breast height, and is an old phrase...it doesn't really mean whoever is standing there, but, it's usually three feet off the ground. He wanted to include the word "approximate" so, in case it was a split-trunk tree, you wouldn't be stuck at exactly three feet, and we didn't have any problem with that". Page 2 - Commissioner Gennell asked that when specimen trees are defined, that it be more restrictive - rather than less restrictive, and that this requested revision be noted. Page 3 (Section 5.3) - Commissioner Gennell felt that there should be a required survey for every tree, six inches or greater, and an additional requirement to replace any trees that are to be removed. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 3 OF 11 Page 4 - The guidelines from the Florida Division of Forestry are to be deleted, as there are better options to select from. Page 5 - Commissioner Blake was very concerned about elevated sites, and suggesting that any removed trees are to definitely be replaced. Commissioner Gennell was in agreement, and wanted this to be as "strong as possible". Page 5 - There was concern with the removal of trees in close proximity to structures. Ms. Cook explained the City's approved procedure to alter a situation, when a tree's root system is too close to a driveway. Code Inspector Cook explained what was involved with the City's $25.00 inspection fee, as specified in a City Resolution, but which was not mentioned in this Ordinance. Ms. Cook stated that "We charge $25.00 to go out and inspect the site. If the tree is diseased or damaged so that it threatens your home or your property, we waive that fee - because we would rather get out there and give you permission to take it down, than you say we don't have $25.00, and it falls on someone's house". Page 6 - Ms. Cook said that they felt that following a specific list of trees that can only be planted was far too limiting, and that "The trend nowadays is to encourage diversity of species. If you plant all Crepe Myrtles in your City and you hit a blight that wipes out Crepe Myrtles, you've lost everything. We want to encourage diversity - it's healthier for your environment, and it also creates a nicer landscape. So, we took that out so we don't limit ourselves to just certain species, and we also want to add a nuisance tree list. Seminole County does this - there are certain trees that are invasive, that cause problems, that are typically called nuisance trees. We're going to add those that they may not be planted in public right-of-ways, and we may also add language that waives the requirement for a permit". Code Inspector Cook also added that to encourage diversity, that they are specifying that any trees that are to be planted on City rights-of-ways or City Parks are to be approved by the City Forester. Page 7 - Commissioner Miller suggested imposing very strict penalties for anyone violating the City's Arbor Code, and that the City Attorney will be consulted for suggestions on strengthening and enforcing this Code. Page 8 - Commissioner Gennell wanted language (to be added to either a Developer Agreement or to an Ordinance) stipulating that if a canopy of trees was designated, that such trees did in fact reach mature canopy height, and that any damaged trees would be appropriately replaced. Code Inspector Cook mentioned that the Commission was very intent on strengthening this Ordinance, in any way that they could, and to also use canopies, whenever possible, as we are "Tree City". Also mentioned by Ms. Cook was the City's interest in MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 4 OF 11 developing a "Green Plan" with the help of an Arborist, who hopefully will be hired within the next few months. Chairman Brown thanked Ms. Cook for the information that she presented to the Board. There was also discussion about requiring Florida Power to work within our guidelines for aesthetically pleasing pruning. Chairman Brown next suggested to Code Inspector Cook, that regarding "Our newsletter that goes out, I think it would be nice if there was an article in there about what you are doing, because I think what you are doing is good. And, so I would recommend that you put something in there next issue that goes out, and again I appreciate you coming out this evening". Mr. Grimms addressed the comments made earlier in the evening, regarding the scope of the Board. He stated that he thought that the Board felt that this was included in the Land Development Regulations (LDR's). Board Member Fernandez clarified his thoughts, saying "But as a member of this Board, and as a Local Planning Agency, we have a right to make recommendations which go in our minutes, directly to the City Commission; it doesn't have to go through Staff. I found that sometimes, our recommendations are not fully in detail, presented the way we would like them to be presented, when they are filtered through Staff. And sometimes we like it to go ~ through our minutes, and that was my point with her". Mr. Grimms also told the Board that they will again be asked to review the Land Development Regulations (LDR's) in the not too distant future. B. Town Center District Design Code With consensus of the Board, it was agreed to allow Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator to speak first, then allow public input. Mr. Grimms began his discussion by reviewing the Staff Report in the Board's agenda packet. Mr. Grimms read the Considerations, which outlines dates that the City Commission made pertinent decisions with regard to the Town Center. Mr. Grimms informed the Board that they are at a point where the Board would give their recommendations to the City Commission. He further informed the Board the meeting was dually advertised and will go before the Commission for the first reading on Monday night, November 9, 1998. Chairman Brown stated that he had a copy of the advertisement in front of him to confirm Mr. Grime's statements. He further stated that he attended a Joint Workshop between the City Commission and the Planning and ZoninglLP A on September 8, 1998 and that the MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4,1998 - REGULAR MEETING PAGE 5 OF 11 necessary details from the meeting do appear in the report that was given to the Board in their agenda packets. Chairman Brown then opened the meeting for Public Input. Mr. Alan Whitney, representative of Springs Land/Jessup Shores Joint Venture, of Maitland, stated the Company's objection to their property being included in the Town Center Design. He further requested a delay in passing the Design Code to have time to consult with their Partners and study the impact the Zoning Ordinance would have on their property. Mr. Grimms stated the meeting was dually advertised and included the map. He said the decision to approve or disapprove the Town Center District Design Code will not be made until November 23, 1998 by the City Commission and will afford the company some time. Charles C. Carrington, AICP, Community Development Director, informed the Board he had received a letter from Mr. Lerner, representative of Springs Land/Jessup Shores Joint Venture, and that it was his understanding that Mr. Lerner had asked that the particular piece of property be included. Mr. Carrington further told the Board he had spoken to the consultants and amended the map according to what he assumed Mr. Lerner requested. He further illustrated that the company will have ample opportunity to evaluate the advantages of being included in the Town Center. Michael Grindstaff, Attorney representing Schrimsher Properties, requested a delay in the consideration of the Town Center Design Code and any action taken relating to the Code for at least thirty days. Mr. Grindstaff stated the reason for the request was to have more time to evaluate what has happened with their Development Agreement and the changes taking place due to the fact that the Scrimsher property is included in the Design Code map. He passed out a copy of the minutes from the City Commission of June 9, 1997 that deals with this issue. Mr. Grimms explained to the Board that what is before them now is a Town Center Zoning District to replace the Overlay Zoning District passed in June, 1997, not a Town Center Overlay Zoning District. Mr. Carrington informed the Board that there are two issues: The consideration of the Zoning Text Amendment and Zoning Map Amendment. He explained that the Zoning Overlay District relates to signs, landscaping and a variety of things. Before the Board now is a Zoning Map Amendment to create a new Zoning District in the City. He further explained that the properties contained in the Town Center District will no longer have the zoning classifications they had as ofthis day. Mr. Grimms stated an agreement could not be reached between the City and Mr. Schrimsher and that there is no signed Development Agreement. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 6 OF 11 Mr. Carrington informed the Board that according to the motion made in the June 9, 1997 City Commission minutes, none of the Schrimsher Property will be included in the Town Center Overlay Zoning District unless a Development Agreement is signed. He stated the Schrimsher property was not included in the Overlay District that was adopted in 1997. Board Member Fernandez pointed out that the Schrimsher property was now inside the border in the Zoning Map Amendment. Mr. Carrington responded that if there is confusion, the proper way to defer it is when it gets to the second reading before the City Commission and that it will be the Commission's discretion. Michael A. Schrimsher, Schrimsher Properties, spoke about his objections to being included in the Town Center. Continued discussion between the Board, Mr. Schrimsher, Mr. Grindstaff, Mr. Grimms and Mr. Carrington. Juanita Blumberg, 1130 E. St. Rd. 434, spoke about contacting the property owners involved directly to inform them of upcoming meetings and giving the Schrimsher's thirty more days. Ms. Blumberg asked if there is any document that defmes the "allowed uses" in the new Zoning Classification. Mr. Grindstaff and Mr. Schrimsher also spoke about "allowed uses" and large buildings being allowed. Mr. Carrington, in response, stated that while the Town Center is not designed for large buildings, there is a provision that will allow it, if approved by the City Commission. Mr. Carrington also replied that "almost any use you can imagine is allowed in the Town Center" at a greater density than what is currently allowed. He went on to say the Town Center is "market driven" and the uses will be determined by a market study. Mr. Grimms added that the citizens of Winter Springs did not want "strip malls", but wanted something "different". Mr. Schrimsher spoke about market studies and property values. Mr. Grindstaff asked Mr. Carrington what the description of "permitted uses" is. Mr. Carrington responded that the gentleman to ask that question to would be Victor Dover of Dover, Kohl and Associates, as they wrote the Code. Mr. Carrington also explained how the market study was done and that there will be a future market study that is much larger. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 7 OF 11 Chairman Brown asked the Staff to clarify what the City Commission's action of September 8, 1997 was, and if the Commission had already accepted and adopted the Town Center Overlay Zoning District Regulations. Mr. Grimms responded by saying that the action is the intent of the City Commission to work with Dover, Kohl and Associates and that the Commission gave Dover, Kohl and Associates the direction to come up with a "graphic design" oriented Code for the development of the Town Center. Board Member Karr asked Mr. Grindstaff what he (Schrimsher Properties) hopes to accomplish with a thirty-day extension. Mr. Grindstaff replied that they would like to have a better understanding on what is happening and what happened to the Development Agreement. Mr. Grimms again stated that this matter is more of an issue for the City Commission. He added that the Planning and Zoning/LP A Board is looking at the content of the Design Code and the intent ofthe Town Center is to allow for much flexibility in development. Ms. Blumberg wanted to clarify that from the beginning the City Staff and Dover, Kohl and Associates have made the flexibility and higher densities clear. She added that these issues need to be put in writing. Chairman Brown stated that he had asked the same question at the recent Workshop and that it is "generically" defined. Mr. Whitney asked about public notice of the meetings. Board Member Fernandez asked Mr. Carrington if he would be correct to say that the City Commission will consider the Town Center District Design Code on Monday night (November 9, 1998) whether the Board recommends approval, approval with modifications or denial, even if the Board requests it to be sent back for additional information. Mr. Carrington stated that Board Member Fernandez is correct and that the City Commission can differ or postpone the Town Center District Design Code. Board Member Fernandez re-emphasized the Board is not in a position to recommend a continuance. He also stated that the boundary lines can be amended even after the first reading by the City Commission if the Commission chooses. Mr. Carrington explained that under the State Statutes the boundary, as advertised, may be reduced but cannot be enlarged. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 8 OF 11 Board Member Fernandez asked the City Staff if the Board is sitting in their capacity as Planning and Zoning Board in making the determination on the Town Center Zoning Design Codes. Mr. Carrington said yes, the Board, as the Planning and Zoning Board, is making the determination on the District Language and the Map Amendment. Board Member Fernandez said they do not have to take testimony under oath and asked if the Board needs to make "findings of fact". Mr. Grimms stated he tries to encourage the Board to make findings of fact when appropriate and if possible. Motion by Board Member Fernandez: "Then at this point, I would recommend to the City Commission, and I am so moving, that they approve this Town Center District Design Code as well as the Map Amendment. Based on the fact that I have, as myself, also attended the Public Hearings, I have heard the input from the Citizens that we are not looking for "strip shopping centers". That is a finding of fact, that this has been reviewed, that the consultants have recommended it. I am, however, open to the input received this evening; that the permitted uses: and I note on page 10, Market Square, Note D3; Magnolia Square, page 11, Note D3; Hickory Grove Park, page 12, Note D2; page 13, Southeast Neighborhood Square, Note D2; Orange Avenue Park, page 14, Note D2; and page 15, Main Street, Note D3; as well as State Road 434 Frontage Road on page 16, Note D2; again, Urban Boulevard, page 17, D2; Town Center Street, page 18, D2; Edge Drive, page 19, D2; Neighborhood Street, page 20, D2; Cross Seminole Trail, page 21, D2; Neighborhood Lane, page 22, D2; everyone of those says "all permitted uses allowed on all floors" in those Districts. And I do believe that this Legislation, and I'm recommending to the City Commission, and whether it be a finding of fact or not, that there ought to be some guidance to the Public as to what are "permitted uses". If it is "all legal uses allowed on all floors" so be it. All "legal uses in Seminole County", "all legal uses in the State of Florida", "all permitted uses...". Again, if there is a specific definition, then I recommend that in the Definitions stages up here, up front where I saw it on page 4, Definitions III, that they include what they mean by "permitted uses". If that be "legal uses", then that be included. In any event, based on the status of this matter, as it has been today, the Public Input that I have personally heard and various meetings, the Public Input received this evening, I recommend approval to the City Commission and giving due deference to the Schrimsher Properties and the other Property Owners to take into consideration their request for additional time to meet with the City. With those recommendations, I recommend approval". Seconded by Board Member Karr. Board Member Stephens, Jr. asked for more information on Florida Statutes 166. Mr. Grimms explained the Statute, which has MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 9 OF 11 to do with the advertising notices. He stated he was very confident the requirements have been met and that the Assistant City Attorney, Bob Guthrie, has reviewed the notices for this meeting and for both the first (November 9, 1998) and second reading (November 23, 1998) of Ordinance 707 and expressed his confidence. Board Member Fernandez stated "I do believe that this Town Center Design does articulate a vision that this community wishes to have for the future physical appearance and qualities in this Town Center and that is a specific finding of fact that I would like to add in support of my motion for approval". Vote: Carl Stephens, Jr.: aye; Bill Fernandez: aye; Rosanne Karr: aye; Tom Brown: aye. Motion passed. Chairman Brown wanted to thank everyone for their input. He also requested that a tape ofthis meeting be given to the City Commission for the November 9, 1998 meeting. Mr. Carrington stated that a special effort was going to made and the completed minutes will be given to the City Commission in enough time to read. C. Proposed Large Scale Comprehensive Plan Amendments In Response To The P-2000 Application LG-CP A-2-98 LG-CP A-3-98 LG-CP A-4-98 Mr. Grimms informed the Board that the Staff is trying to improve their chances in respect to the application for P-2000 grant monies to acquire open space within the Town Center. He explained that in order to do this, the Staff is developing new policy statements that will meet the review criteria for the Board. Mr. Grimms wanted to emphasize that he spoke to Keith McKaren, who is one of the staff members of the P- 2000 program, and he pressed Mr. McKaren to come up with language and received the verbiage. He mentioned to the Board that Mr. McKaren was one of the people who reviewed the City's application last time and will be reviewing the City's application this time, therefore Mr. Grimms "has a certain confidence about what he is saying" He told the Board that these are the new policy statements that the Staff is proposing to be included in the City's Comprehensive Plan ''with an eye directly towards increasing our chances of getting a higher rating in the P-2000 grant application this time around in Spring and getting monies". Board Member Fernandez wanted to clarify three additional pages that were not sent out with the original and should be put on the end. He also asked if there was anything the Board should know. Mr. Grimms said not especially, to take it at face value. He added that Mr. McKaren spoke about specific things for the Land Development Regulations that he wanted in the MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 10 OF 11 Comprehensive Plan. He said the Staff is looking forward to having to make changes in the Land Development Regulations. The Board discussed when they were going to adopt Land Development Regulations. Mr. Grimms informed the Board they will be revisiting it in the beginning of next year. Board Member Fernandez asked if the proposed Comprehensive Plan amendments were dually advertised and noticed. Mr. Grimms stated that they were. Board Member Fernandez noted that everyone that was present earlier in the meeting has left and that there were no members of the Public present for Public Input. Motion by Board Member Fernandez: "Based on the fact that Staff has presented it and recommended it, than I would move that we approve the Proposed Large Scale Comprehensive Plan Amendments in response to the P-2000 application, this specific LG-CP A-2-98, 3-98 and 4-98 as presented and recommend that they (The City Commission) transmit to the Department of Community Affairs. Seconded by Board Member Stephens, Jr. Vote: Tom Brown: aye; Rosanne Karr: aye; Carl Stephens, Jr.: aye; Bill Fernandez: aye. Motion passed. III. FUTURE AGENDA ITEMS . Discussion of a Planning & Zoning Board/LP A Topic Chart (A Chronological Review) . Discussion with Attorney Robert Guthrie on the Draft Bylaws/Rules of Procedure for the Planning & Zoning Board/LP A. In other conversation, Mr. Grimms briefed the Board on the Battleridge issue, regarding a proposed "type of settlement" agreement. There was also discussion on the possible purchase of property (to be used as part of the "open space" concept) on the County enclave portion of Orange Avenue. Board Member Fernandez asked about the lawsuit regarding the City Attorney, as he was concerned with the Bylaws being completed under with the current review of Attorney Robert Guthrie. Board Member Fernandez also asked about the timeline for comments about the Arbor Ordinance, and stated that it should be proactive! The Board also said that the "Pit" Ordinance should also be revamped. Mr. Grimms said that he would confer with his Director, about bringing these matters before this Board, and then this Board's comments will go before the City Commission. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 11 OF 11 There was further discussion about providing the City Commission with a transcript of these minutes, prior to the upcoming November 9, 1998 City Commission Meeting. IV. ADJOURNMENT Chairman Brown adjourned the meeting at 9:09 p.m. Minutes respectfully submitted by: Amy Lovingfoss, Clerk City of Winter Springs, Florida Andrea Lorenzo-Luaces, Deputy City Clerk City of Winter Springs, Florida APPROVED: ~a~ OM BROwN, HAIRMAN PLANNING and ZONING BOARDILP A - DOCS/boardslplanning/fy9798/minuteslll0498.doc