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HomeMy WebLinkAbout2004 11 03 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 3,2004 I. CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, November 3, 2004 was called to order at 7:00 p.m. by Chairperson Joanne Krebs in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Joanne Krebs, present Vice Chairperson Rosanne Karr, present Board Member Tom Brown, present Board Member William Poe, present Board Member Ned Voska, present Chairperson Krebs led the Pledge of Allegiance. II. CONSENT AGENDA CONSENT A. Approval Of The October 6, 2004 Regular Meeting Minutes. "I RECOMMEND THAT THE MINUTES [OCTOBER 6, 2004J BE APPROVED AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER VOSKA: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN : AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 3,2004 PAGE 2 OF 6 III. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS Community Development Department - Planning Division And Office Of The City Attorney A. Requests That The Local Planning Agency Hold A Public Hearing To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To Rezoning, Variances, Conditional Uses, Waivers, And Administrative Appeals. Chairperson Krebs opened the "Public Input" portion of this Agenda Item. No one spoke. Chairperson Krebs closed the "Public Input" portion of this Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. Next, Mr. Baker stated, "This is Ordinance 2004-49 which amends Chapter 20, of the City's Zoning Code. We have Criteria for 'Conditional Uses'. We have got several Zoning categories where the existing Zoning Code does not provide Criteria when we take a 'Conditional Use' or 'Special Exception' to the City Commission." Mr. Baker added, "So we have specific Criteria now. We have a new provision for Waivers to the Zoning Code or to the Land Development Code. Right now, if somebody has a situation where they are developing a project or they are adding on to their house and they can't meet the Code, they have to ask for a Variance or in the case of a big commercial site or subdivision, they can go for a Development Agreement. A Development Agreement to put an addition on your house doesn't really make sense; and it's extremely difficult to meet all the Criteria for a Variance." Furthermore, Mr. Baker stated, "We have had some situations where - the people wanted to do really made sense, but there was no connection to the Criteria for a Variance. So, the City Commission was quite concerned about that and directed the City Attorney [Anthony A. Garganese] to come up with language to provide a more reasonable relief measure. I have read through this Ordinance. I support it. I did provide the City Attorney with one comment and that was, a lot of times we have to explain the Code to common everyday lay people who come to the front counter. The way it's written, I believe, gives the impression that we can grant a Variance or a Waiver to 'Uses' or in other words, give a 'Use Variance'. And Use Variances are not legal in the State of Florida. So, I think we need a specific piece of language in there so that when we're dealing with the everyday person who comes in and wants a permit or wants to add on to their house or wants to do something that sounds to them to be very reasonable but it's a wrong Use in a Zoning, that we can say, 'No you can't'; and it is right there in writing." CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 3, 2004 PAGE 3 OF 6 Mr. Baker added, "1 think that this is a very good Ordinance. I have read it; I don't have any problem with it, but I do believe that the [City] Attorney [Garganese] needs to provide that one little note in there so that we're not saying to someone, 'Well, you can't do that' and they are saying 'But, where does it say that?'. It says here that '1 can get a Waiver or 1 can get a Variance from anything in the Zoning Code'." Discussion. Then, Mr. Baker added. "One final note to point out, that as you look through here, there is a common theme of - compatibility and consistency with the neighborhood in each one of these, and it reflects in the Future Land Use Element - that common theme is in - your Comprehensive Plan. It specifically is Policy 1.5.8. of the Future Land Use Element. In that respect we are doing a continuation of the Comprehensive Plan here." Mr. Baker then noted that he had forwarded this recommendation to City Attorney today. Mr. Baker was asked about the suggested language and noted his language preference as, "That the [City] Attorney [Garganese] hopefully will add a specific statement that we cannot process a 'Use Variance'." "I WOULD MAKE A MOTION THAT WE RECOMMEND THE APPROVAL TO THE CITY COMMISSION FOR ADOPTION OF ORDINANCE 2004-49, A CODE AMENDMENT STREAMLINING AND SIMPLIFYING THE CURRENT APPLICATION PROCESS AND GENERAL PROCEDURE RELEVENT TO LAND USE DECISIONS, WITH THE ADDITION OF SOME LANGUAGE THAT DENIES 'USE V ARIANCE'." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE VICE CHAIRPERSON KARR: AYE CHAIRPERSON KREBS: AYE BOARDMEMBERPOE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 3, 2004 PAGE 4 OF 6 IV. REGULAR AGENDA REGULAR Office Of The City Clerk A. Discussion Of Election Of Officers. "I WOULD LIKE TO MAKE A MOTION THAT THE VICE CHAIR CONDUCT THE MEETING IN DECEMBER - WE NOTIFY IN DECEMBER AND IN JANUARY WE HOLD OUR ELECTION FOR THE NEW OFFICERS AT THAT TIME." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER POE: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. V. FUTURE AGENDA ITEMS Board Member Tom Brown said, "In January, I would like the City to prepare, to present us the first section of the Comprehensive Plan for review - I think there are thirteen (13) sections that I went over. And, to make it easier on all of us we would have two (2) months to - review it, except the new Member who would come on the Board. And I would like to in January, if the Board feels it's feasible - I am not making the Motion, I will let someone else make the Motion - it is my suggestion, that in January we start to review them. Because 2001 is when the Comp [Comprehensive] Plan went through, we have had a lot of changes and amendments and corrections. And I think if we go through it like we did once before, I think it will be a lot easier. We will break it down into the thirteen (13) sections. And in January, I would like to go through the Traffic section. And we will go through it word by word like we did before and read it here. And at each Meeting we will go through it - I do not know when it has got to be submitted again, but I know that there's two (2) or three (3) different lead ways that you have - there is I think - almost a year and a half - that you can play with it. And because we presented it to the Commission - we had a Joint Meeting with the Commission last time and it worked real wel1." Further discussion. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 3, 2004 PAGE50F6 Board Member Brown asked, "Do we still handle the EAR [Evaluation Appraisal Report] first?" Mr. Baker said, "I don't deal with the EAR's [Evaluation Appraisal Report]. Eloise [Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department] has received some correspondence from the DCA [Department of Community Affairs] that there is a Workshop on the 10th at the East Central Florida Regional Planning Council, dealing with the new EAR's [Evaluation Appraisal Report] and the new procedures." Mr. Baker added, "You may wish to speak with her or else I can have her [Ms. Sahlstrom] prepare a little something and send it to you all." Discussion. Board Member Brown said that, "I would recommend that we have Eloise [Sahlstrom] tell us about the EAR [Evaluation Appraisal Report] so that we all know about it." With discussion, Board Member Brown suggested that at the "January Meeting, I would like to have a review of the 'Traffic' section of the Comp [Comprehensive] Plan - preparing for the new Comp [Comprehensive] Plan." Chairperson Krebs stated, "Joan [Brown, Deputy City Clerk], can you get that placed - on the Agenda then." After additional discussion, Board Member Brown noted, "Every page of that Comp [Comprehensive] Plan should have a sub-title page." Furthemlore, Board Member Brown noted, "I want to see that Comp [Comprehensive] Plan with a summary revision on every single page; because there is going to be revision after revision after revision. And you can look at a page and you will know what happened; that there are six (6), eight (8), nine (9) revisions on that page." Additionally, Board Member Brown pointed out that in regards to Wagner's Curve, "The 'Curve' is still not in the Comprehensive Plan." Discussion. "I MOVE THAT WE PLACE THAT ON THE JANUARY AGENDA - THAT WE START WITH THE 'TRAFFIC' SECTION OF THE COMPREHENSIVE PLAN." MOTION MADE BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KARR. WITH CONSENSUS OF THE BOARD THE MOTION W AS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 3, 2004 PAGE60F6 VI. REPORTS Vice Chairperson Rosanne Karr remarked that, "When we do this in January, that Tom [Board Member Brown] bring his - timeline list." Board Member Brown stated, "Okay." VII. ADJOURNMENT Chairperson Krebs said, "Motion for Adjournment?" "SO MOVED." MOTION BY BOARD MEMBER POE. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairperson Krebs adjourned the Meeting at 7:35 p.m. RESPECTFULLY SUBMITTED BY: CAROL LALLA THIN, ASSISTANT TO THE CITY CLERK IAN L. BROWN PUTY CITY CLERK APPROVED: ~~ ROSANNE KARR, VICE CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the & ~~ fnf)J\J 1 ,2004 Planning And Zoning Board/Local Planning Agency Meeting.