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HomeMy WebLinkAbout2006 11 01 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 1,2006 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, November 1, 2006 was called to Order at 7:00 p.m. by Chairperson Rosanne Karr in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Rosanne Karr, present Vice Chairperson Linda Tillis, present Board Member Tom Brown, present Board Member William H. Poe, present Board Member Denise Ryser, present After a moment of silence, Chairperson Karr led the Pledge of Allegiance. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division In Cooperation With The City Attorney And City Engineer Request That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2006-20, Establishing A Methodology For Assessing Proportionate Fair- Share Mitigation For Transportation Concurrency Management, Pursuant To The Requirements Of Section 163.3180. (16), Florida Statutes. Mr. Randy Stevenson, ASLA, Director, Community Development Department spoke on this Agenda Item and said, "Staff, therefore, recommends that the P & Z (Planning and Zoning Board) and the LP A (Local Planning Agency) hold a Public Hearing and recommend adoption to the City Commission related to Ordinance 2006-20, adopting a proportionate Fair-Share Mitigation program related to the Transportation facility impact, pursuant to the requirements of Chapter (Section) 163" Florida Statutes, CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 1,2006 PAGE20F6 Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item. Discussion. Chairperson Karr opened the "Public Input" portion of the Agenda Item. No one spoke. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE THE MOTION TO APPROVE THE ITEM AS PRESENTED ON THE AGENDA AND RECOMMENDED BY STAFF AS IS PRESENTED." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARDMEMBERPOE: AYE BOARD MEMBER BROWN : AYE CHAIRPERSON KARR: AYE MOTION CARRIED. Further discussion ensued related to future projects. REGULAR AGENDA REGULAR 300. Community Development Department Requesting The Planning And Zoning (P&Z) Board Consider And Approve A Final Engineering/Site Plan For A 10,000 Square Foot Addition, With The Associated Ancillary Improvements, To An Existing 2,500 Square Foot Office On 2.49 Acres Located On The North Side Of State Road 434, Between Barclay Reserve And Barrington Estates. Mr. John Baker, ASLA, Senior Planner, Community Development Department presented this Agenda Item and stated, "We do recommend approval subject to having the building mounted lighting and the storage building addressed through the Aesthetic Review and the Landscape Architect making some very minor modifications to the landscaping irrigation plans." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER I, 2006 PAGE30F6 Mr. David Allen, PE., President, Allen-Craig Civil Engineering, Inc., 361 South Central Avenue, Oviedo: spoke to the Advisory Board Members about this Agenda Item. Mr. Allen said, "We have been working on this particular site for a good while trying to keep the existing office that is there and work in some additional building space. When we first started, there were a significant number of out buildings that were damaged during the hurricanes. Those have been removed. We have since then rearranged the way we were going to do it the first time. We have met with Staff and attempted to meet everything that they requested. One thing that I will say, our permit with the [St. Johns River] Water Management District allows us to remove the wetland that is in the back. We did that in order to release us from any setbacks from that particular wetland. The District has agreed that it was a man-made pond. It had no real intrinsic value; that it was basically just a hole in the ground. However, Mr. King [Don King's Concrete, Inc.] asked us if we would not take it out, because he likes it." Mr. Allen then said, "While we do have the right to remove it, our plan does not take that right. We will still keep it there. We have created a stormwater pond around it and will fill in - during heavy rain storms, but then seeps down as it is required in the Stormwater Management permitting. Everything that we have approached Staff with has been very graciously received, although not graciously approved, and we have had to go back and modify some things. But, the way we have it set now, we believe it is the best situation for both our client and for the City." Discussion ensued on the lighting. With further discussion, Mr. Allen then said, "There is an eXIstmg swale that was constructed during the Barrington Estates project. It is on their property, but it is outside of their wall. What we have done - we have created a swale just before you get into their swale to - spread out the impact of our development and that is the way we plan to mitigate any of our stormwater. And at the same time, there are some plantings that are going in that general area, but we do not want to do anything significant back there, because we basically want to keep it as close to what it is, as we can." Further discussion ensued on the existing walls. Mr. Allen said, "There is a short section of our common property line with - Barclay [Reserve] that does not have a wall - and that is in the part of their side that was very close to being jurisdictional. Their jurisdictional line is right inside their property and they chose not to go down that far with their wall." Mr. Allen said, "There was some discussion about not getting so close to jurisdictional land. That is why there is that one (1) section. We do not plan to do anything over in that area either - because we want to stay as far away from that jurisdictional area as we can. " CITY OF WINTER SPRINGS, FLORIDA MfNUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 1,2006 PAGE40F6 With further discussion, Mr. Allen said, "There is an existing shed behind the existing building. That is going to stay. But, that is pretty much an open shed; three (3) sided. The existing residential building that was converted to an office, the client wanted to keep, but he needed an additional- about 8,000 square feet for his business." Mr. Allen added, "Earlier today, my partner, Mike Craig called me and said that his discussion with our landscape person was that the landscaping was fine, but there were three (3) or four (4) notes that needed to be added to the irrigation sheet." "WITH THE RECOMMENDED APPROVAL OF THE FINAL ENGINEERING SITE DEVELOPMENT PLAN SUBJECT TO ADDRESSING THE BUILDING MOUNTED LIGHTING IN THE EXISTING STORAGE BUILDING TO THE AESTHETIC REVIEW AND MODIFYING THE LANDSCAPE AND IRRIGATION PLANS, I WOULD LIKE TO RECOMMEND APPROVAL OF THE FINAL ENGINEERING PLANS WITH THOSE STIPULATIONS." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. Tape lISide B VOTE: BOARD MEMBER BROWN : NAY CHAIRPERSON KARR: AYE VICE CHAIRPERSON TILLIS: AYE BOARDMEMBERPOE: AYE BOARD MEMBER RYSER: NAY MOTION CARRIED. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The October 4, 2006 Regular Meeting Minutes. "I WILL MAKE A MOTION TO APPROVE THE OCTOBER 4TH [2006] REGULAR MEETING MINUTES." MOTION BY CHAIRPERSON KARR. SECONDED BY ADVISORY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER I, 2006 PAGE 5 OF 6 VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER BROWN: ABSTAINED BOARD MEMBER RYSER: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. CONSENT 401. Office Of The City Clerk Approval Of The October 16, 2006 Special Meeting Minutes. "I MAKE A MOTION TO APPROVE THE OCTOBER 16TH [2006] SPECIAL MEETING MINUTES OF THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY." MOTION BY CHAIRPERSON KARR. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARDMEMBERPOE: AYE BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER BROWN : AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. In other business, Mr. Stevenson said, "We will try to update you at next month's Meeting on the status of all the projects in the City." Mr. Stevenson also noted the forthcoming Open Space Advisory Study Committee Meeting. 600. REPORTS No Reports were given. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 1,2006 PAGE60F6 ADJOURNMENT "I MOVE THAT WE ADJOURN." MOTION BY CHAIRPERSON KARR. SECONDED BY ADVISORY BOARD MEMBER POE. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairperson Karr adjourned the Meeting at 7:50 p.m. RESPECTFULLY SUBMITTED: :!Hv,L t IJ~ AN L. BROWN D PUTY CITY CLERK APPROVED: ~*lk/~~\((t~.~Y ROSANNE KARR, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the December 6, 2006 Regular Planning and Zoning Board/Local Planning Agency Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT~ MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST FIRST NAME ~ 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 contlict 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 govemment 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, TWiYS /rLtboU ~(<tY{)ItJ , hereby disclose that on All) V f , 20 tJ ~: (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: /J11/y'o)65 er ~EET(f'./~ Wttf~H r 'N/1S No; Pf?E'?GtV( r J4AO A 85JAfuEPr , which /../(j V 1- 'i.CJOb &~~8~- Signature Date Filed 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