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Home My WebLink About2005 01 05 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 5, 2005 I. CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, January 5, 2005, was called to order at 7:10 p.m. by Vice Chairperson Rosanne Karr in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Vice Chairperson Rosanne Karr, present Board Member Tom Brown, present Board Member William Poe, present Board Member Ned Voska, present Vice Chairperson Karr led the Pledge of Allegiance. CONSENT AGENDA CONSENT 200. Approval Of The December 7, 2004 Regular Meeting Minutes. "I'D LIKE TO RECOMMEND THE APPROVAL OF THE MINUTES OF DECEMBER 7, 2004 AS DISTRIBUTED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Vice Chairperson Karr said, "Weare going to shift the Public Hearings Agenda - move [Agenda Item] '502' to the next - Regular Agenda - Election of Officers." "I MAKE A MOTION THAT WE MOVE THE REGULAR ITEM '502' ELECTION OF OFFICER'S AS THE FIRST AGENDA ITEM." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE 2 OF 10 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED IN THE ORDER AS DOCUMENTED. .:..:. REGULAR 502. Office Of The City Clerk Election Of Officers. "I'D LIKE TO MAKE A NOMINATION FOR CHAIRPERSON FOR 2005 - [BOARD MEMBER] BILL POE." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: BOARD MEMBER VOSKA: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. "I'D LIKE TO MAKE A MOTION THAT FOR VICE CHAIR WE ELECT [VICE CHAIRPERSON] ROSANNE KARR." MOTION BY BOARD MEMBER BROWN. SECONDED BY CHAIRMAN POE. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE 3 OF 10 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests That The Planning And Zoning Board/Local Planning Agency As A Corrective Action, Hold A Public Hearing To Consider A Small Scale Comprehensive Plan Amendment (Ordinance 2005-04) Changing The Current Future Land Use Map Designation From "Low Density Residential" To "Commercial" For One (1) Parcel Located At The Northeast Corner Of Parkstone Boulevard And State Road 434, Within The Parkstone PUD (Planned Unit Development). Parkstone Had A "Mixed Use" Future Land Use Map Designation At The Time The Project Was Being Master Planned In 1995. At Some Point The FLUM (Future Land Use Map) Was Changed To "Low Density Residential" Which Was Then Formally Adopted By The Commission And Submitted To DCA (Department Of Community Affairs) With The Adoption Of The Comprehensive Plan By Ordinance 2001-55. Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department presented this Agenda Item. Discussion. Chairman William Poe opened the "Public Input" portion of this Agenda Item. Mr. Neal Smith, 292 Tavestock Loop, Winter Springs, Florida: addressed his concerns on the Zoning Designations and Traffic issues. Ms. Sahlstrom responded, "I will make note that the homeowners wish the height - not exceed a one (1) or two (2) story building." Ms. Sahlstrom added, "I don't recall if the PUD (Planned Unit Development) documents specify a height." Ms. Sahlstrom said, "I will check that and make sure." With discussion on the traffic issues, Board Member Brown stated for the record that he is on the Police Advisory Board. Mr. Russell Hawkins, 740 Seneca Meadows Road, Winter Springs, Florida: spoke on his concerns with traffic issues. Mr. Chris Brown, 242 Tavestock Loop, Winter Springs, Florida: addressed his concerns regarding the traffic. Chairman Poe closed the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE40F 10 Discussion. "MOTION IS THAT WE TABLE THE ITEM FOR LACK OF INFORMATION." MOTION BY BOARD MEMBER BROWN. SECONDED BY CHAIRPERSON KARR. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE BOARDMEMBERBROWN: AYE BOARD MEMBER VOSKA: NAY CHAIRMAN POE: NAY MOTION DID NOT CARRY. "I MAKE A MOTION - THAT THIS WILL COME BACK IN FRONT OF US AND AT THAT TIME WE WILL HAVE ALL THE INFORMATION - WHAT IS GOING IN AND WHAT'S NOT GOING IN AS FAR AS - THE PRELIMINARY TO KEEP THE BALL ROLLING AND SPACE - I WOULD LIKE TO MAKE THE MOTION THAT WE GO AHEAD AND ACCEPT IT." MOTION BY BOARD MEMBER VOSKA. CHAIRMAN POE STATED, "MOTION ON THE FLOOR TO ACCEPT COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION AS PRESENTED BY ELOISE [SAHLSTROM] IN THE MINUTES." MOTION BY CHAIRMAN POE. SECONDED. DISCUSSION. Tape 1/Side B VOTE: BOARD MEMBER BROWN : NAY BOARD MEMBER VOSKA: NAY VICE CHAIRPERSON KARR: NAY CHAIRMAN POE: AYE MOTION DID NOT CARRY. PUBLIC HEARINGS 403. Office Of The City Attorney ADD-ON Requests The Planning And Zoning Board/Local Planning Agency Review Ordinance 2005-05 And Provide Its Comments And Recommendations To The City Commission. Assistant City Attorney Kate Latorre presented this Agenda Item. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE 5 OF 10 With discussion on the reoccupation of buildings, Board Member Voska stated, "That's not in the Budget to spend that." Attorney Latorre said, "That's something I can bring back to the City Manager [Ronald W. McLemore] and the City Attorney [Anthony A. Garganese]. " "I'D LIKE TO MAKE A MOTION THAT WE TAKE THE CITY ATTORNEY'S RECOMMENDATION AND APPROVE THE RECOMMENDATION FOR ORDINANCE 2005-05 TO THE CITY COMMISSION." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. BOARD MEMBER VOSKA STATED, "SINCE I OWN A LARGE AMOUNT OF PROPERTY ON [STATE ROAD] 434, I DISQUALIFY MYSELF FROM VOTING ON THIS." Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARDMEMBERBROWN: AYE BOARD MEMBER VOSKA: SEE ABOVE DECLARATION MOTION CARRIED. Board Member V oska asked, "Is there any way you could get that information for me?" Attorney Latorre said, "Yes. I will follow up with the City Attorney and also the City Manager's Office and - secure a little bit more detail as far as the redevelopment issue." Board Member Voska stated, "I would appreciate that." Attorney Latorre stated, "No problem. " CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE 6 OF 10 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED IN THE ORDER AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 500. Community Development Department - Planning Division Requests That The Planning And Zoning (P&Z) BoardlLocal Planning Agency Consider And Approve A Final Engineering/Site Plan For A 1,213 Square Foot Ice Cream Shop On A 1.36-Acre Tract On State Road 434 At Costa Rica Drive. Ms. Sahlstrom discussed this Agenda Item. "I'D LIKE TO MAKE A MOTION THAT WE TAKE THE STAFF'S RECOMMENDATION AND APPROVE IT TO THE CITY COMMISSION OF THE ATTACHED ENGINEERING AND FINAL SITE PLAN SUBJECT TO THE CONDITIONS AND THE FINDINGS THAT THE CITY HAS CROSS INDEXED." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE CHAIRMAN POE: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. Mr. Ayube (Benson) Khan, 1542 Wescott Loop, Winter Springs, Florida: addressed the Board that he is the owner of the property. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests The Planning And Zoning BoardlLocal Planning Agency Hold A Public Hearing For Ordinance 2005-02, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of A 1.95 Acre Parcel, Located At 1136 Orange Avenue, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Town Center" And "Conservation Overlay" (On Those Affected Areas). Ms. Sahlstrom presented this Agenda Item. Discussion. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE 7 OF 10 There was no other "Public Input. " "I'D LIKE TO MAKE THE MOTION THAT WE APPROVE THE REQUEST. WE HELD A PUBLIC HEARING TONIGHT AND WE RECOMMEND TO THE CITY COMMISSION RELATED TO ORDINANCE 2005-02 WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE MAP (FLUM) DESIGNATION ON THE SUBJECT PROPERTY AT 1136 ORANGE AVENUE FROM SEMINOLE COUNTY 'SUBURBAN ESTATES' AND 'CONSERVATION' TO CITY OF WINTER SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLAY' ON THOSE AFFECTED AREAS." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2005-03 Which Rezones 1.95 Acres (More Or Less), Located At 1136 Orange Avenue From "A-I" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs). Ms. Sahlstrom discussed this Agenda Item. Ms. Sahlstrom stated, "It is Staffs recommendation that you make a favorable recommendation to the City Commission regarding this rezoning." "I MAKE THE RECOMMENDATION THAT THE PLANNING AND ZONING BOARD[/LOCAL PLANNING AGENCY] AFTER THIS PUBLIC HEARING RELATED TO ORDINANCE 2005-03 RECOMMEND TO THE CITY COMMISSION CHANGING THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT 1136 ORANGE AVENUE FROM 'A-I' AGRICULTURAL SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE 8 OF 10 VOTE: CHAIRMAN POE: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR 501. Planning And Zoning Board/Local Planning Agency Wishes To Begin Preparing For The Winter Springs Comprehensive Plan Evaluation And Appraisal Report Due May 1, 2008. Chairman Poe stated, "I would like to recommend to the Board if they would so consider taking that up at an additional Meeting." Chairman Poe asked, "Would you then be in agreement that we postpone this Item to a later date?" BOARD MEMBER BROWN SAID, "I WOULD LIKE TO POSTPONE THIS ITEM AND THEN COME BACK IN ON WHAT ELOISE [SAHLSTROM] HAS PREPARED FOR THIS EVENING WHICH IS THE FUTURE LAND USE MAP (FLUM) AND THE COMMITTED LAND USE MAP." MOTION BY BOARD MEMBER BROWN. VICE CHAIRPERSON KARR STATED, "I WOULD LIKE TO TAKE WHAT WE HAVE HERE HOME, TO LOOK AT IT AND STUDY IT AND THEN COME BACK ANOTHER DAY AND GO THROUGH IT IN DETAIL WITH YOU WITH WHATEVER QUESTIONS WE HAVE." MS. SAHLSTROM STATED, "I WOULD LIKE TO THEN ALSO GET THE FULL MAP GENERATED AND MAILED OUT TO YOU AND THE AGENDA FOR THE NEXT REGULAR MEETING." CHAIRMAN POE STATED, "I HAVE A MOTION ON THE FLOOR TO ALLOW ELOISE [SAHLSTROM] ADDITIONAL TIME TO PREPARE THE INFORMATION FOR US AND THAT WE TACKLE THE SUBJECT AT THE NEXT MEETING? DO I HAVE A SECOND?" SECONDED BY BOARD MEMBER BROWN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5,2005 PAGE 9 OF 10 VOTE: BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER BROWN : AYE MOTION CARRIED. 600. REPORTS Ms. Sahlstrom stated, "I'm starting a new semester and 1 am taking classes on Wednesday and Thursday nights. So, I'm hopeful that there would be a Tuesday night that would be available where we could meet." Vice Chairperson Karr said, "I don't have a problem with a Tuesday night." Board Member Brown said, "Tuesday night is 'Okay' with me." Board Member Voska stated, "I don't have a problem either." Lastly, Ms. Sahlstrom stated, "Do you want to go for February l5t [2005] which - would be the night before our Regular Meeting?" There were no objections from the Board Members. Ms. Sahlstrom stated, "Do you want to also look at March and April or wait to look at those at a later time?" Board Member Voska stated, "Tuesday for me - empty." Chairman Poe said, "Its fine. 1 think we can stay with it." Vice Chairperson Karr was in agreement with Chairman Poe. Chairman Poe asked, "Any changes or additions to the Planning and Zoning List [Member List]? There were no objections from the Board Members. FUTURE AGENDA ITEMS Chairman Poe stated, "We had an [Agenda] Item [402] - that the Board was split this evening. I still have some concern as to whether we stand on legal ground or not. I would like to put that on the Agenda again. But, 1 think we need either the City Manager or the City Attorney to come in here and give us some advice." Tape 2/Side A ADJOURNMENT With consensus of the Board, Chairman Poe adjourned the Meeting at 8:40 p.m. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 5, 2005 PAGE 10 OF 10 RESPECTFULLY SUBMITTED: APPR 9VED:. 1 . ./} / / ., I ~~ PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the February I, 2005 Planning And Zoning Board/Local Planning Agency Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Vas MAILING ADDRESS CITY WJ~+E..L s. DATE ON WHICH VOTE I _ ~L s~ COUNTY ~d- NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ~ \ '" N "'\-- (V "(I.) ~ D cL THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ITY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: ~\v' ~ MY POSITION IS: o ELECTIVE 'l:Y"APPOINTIVE WHO MUST FILE FORM 88 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 equally 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 the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subSidiary of a corporate 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 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). * ELECTED OFFICERS: 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 min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate 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 other side) CE FORM 88 - EFF. 1/2000 PAGE 1 . 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, rv e... D V O.So 'f::..,A- , hereby disclose that on 1_ O~_O~ ,20 (a) A measure came or will come before my agency which (check one) '< inured to my special private gain or loss; inured to the special gain or loss of my business associate, ~ inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: R.~', 0 ~~ ;::t .;:L 00 S' _ OS- u..~~(L.(}v-..J~ l.t~ \,"\ ~'Ls. 0 oN -:::. ~ 4- 5 '+- W \... 1 ~ I L ow tJ ~~t'-l..~"'V L 0 -\- - (" "3 <) 'h oJ .So CI:V ::. \::? 0 '" \ ~ ~ ~ R-~ S I IV <:.. L..- \ l1 l.. :3 , which 3C4~ \"+, as:- Date Filed S. 7-J Ignature v~~ '- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, 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 88 - EFF. 1/2000 PAGE 2