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HomeMy WebLinkAbout2009 03 04 Planning and Zoning Board Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MARCH 4, 2009 CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting of Wednesday, March 4, 2009 was called to Order at 7:00 p.m. by Chairman Charles Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road. 434, Winter Springs, Florida 32708). Roll Call: Chairman Charles Lacey, present Vice Chairman William H. Poe, present Board Member Robert Heatwole, present Board Member Rosanne Karr, absent Board Member Justin C. Reviczky, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The January 29, 2009 Special Meeting Minutes. "RECOMMEND APPROVAL OF THE JANURAY 29, 2009 SPECIAL MEETING MINUTES." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZI{Y. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 2 OF 10 CONSENT 201. Office Of The City Clerk Approval Of The February 4, 2009 Regular Meeting Minutes. "RECOMMEND APPROVAL OF THE FEBRUARY 4TH [2009] REGULAR MEETING MINUTES." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICKZY. DISCUSSION. VOTE: BOARD MEMBER HEATWOLE: AYE CHAIRMAN LACEY: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. CONSENT 202. Office Of The City Clerk Approval Of The February 10, 2009 Special Meeting Minutes. "FEBRUARY 10TH [2009] SPECIAL MEETING MINUTES, RECOMMEND APPROVAL AS CIRCULATED." MOTION BY VICE CHAIRMAN POE. CHAIRMAN LACEY ASKED, "IS THAT A MOTION?" VICE CHAIRMAN POE REPLIED, "YES." SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER HEATWOLE: AYE CHAIRMAN LACEY: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. CONSENT 203. Office Of The City Clerk Approval Of The February 18, 2009 Special Meeting Minutes. "I WOULD LIKE TO RECOMMEND APPROVAL - OF FEBRUARY 18TH [2009] SPECIAL MEETING MINUTES." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 3 OF 10 VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT No one spoke at this time. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And Community Development Department Request The LPA (Local Planning Agency/P&Z (Planning And Zoning Board) Hold A Public Hearing Related To Ordinance 2009-02 Which Revises The Chapter 20, Division 2, Motor Vehicles Portion Of The City Code, To Prohibit Parking Vehicles On Sidewalks And In Front Yards. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and noted for the Record that Ordinances 2009-02 and 2009-03 were advertised in the Orlando Sentinel on February 19~', 2009 on page F-4. Mr. Baker stated, "We have before you two (2) different alternatives `A' and `B' from the City Attorney's office. We have arecommendation - that I need to -and that qualifier is `With a provision with those existing houses without paved driveways or driveways with pavers'." Photographs were shown to the Board Members. CrfY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 4 OF 10 Chairman Lacey asked, "The issue you are addressing - is related to the fairly restrictive language that is in both sets of Ordinances?" Mr. Baker remarked, "Yes." Chairman Lacey then added, "Are you saying that these are modified to incorporate these cases?" Mr. Baker replied, "I think there needs to be some provision - I do believe it does need to be addressed before this takes effect." Discussion. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members on this Agenda Item. A copy of Section 12-65. of the City of Winter Springs City Code was distributed to the Board Members. Further discussion ensued. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the Board Members on this Agenda Item. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department spoke briefly to the Board Members about Vehicle Parking. Chairman Lacey stated, "Either we can sit here and try to craft the exact language we want and then modify it that way, or you can get a sense of what we would like to see - and let you go back and work on it and bring it back at the next Meeting." Mr. Stevenson said, "We do need to preserve the advertising - to a Date Certain." Next, Vice Chairman William H. Poe stated, "I am prepared to make a Motion to Table this to a Date Certain, but I want to make sure and preserve the advertisement. What kind of a time element do we need to deal with?" Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department stated, "Just pick a date." Chairman Lacey replied, "Our next Meeting that we have scheduled is March 10~' [2009] at 6:30 p.m. Are we still anticipating to have your material on that date? We will have a Notice Hearing of this Board on March 10~' [2009]." Vice Chairman Poe asked, "Will that be sufficient time?" Mr. Stevenson stated, "I would assume that we could if we needed additional time to Table it to the next Meeting, if we can not have it by the l0a' [March 2009]. We are working with Anthony (Garganese) right now and I agree with all the comments." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 5 OF 10 "I MOVE THAT ITEM `500' BE TABLED UNTIL THE MARCH lOTx, 2009 MEETING GIVING STAFF AN OPPORTUNITY TO CLEAN UP THE LANGUAGE." MOTION BY VICE CHAIRMAN POE. MR. STEVENSON STATED, "PLEASE BE AWARE THAT YOU WILL PROBABLY NOT SEE AN AGENDA ITEM UNTIL THAT NIGHT ON THIS IF YOU DO IT ON THE lOTx [MARCH 2009] AS LONG AS WE HAVE THAT ON THE RECORD." DISCUSSION. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. Chairman Lacey opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of this Agenda Item. CHAIRMAN LACEY STATED, "IS THERE ANY FURTHER DISCUSSION ON THE MOTION TO TABLE UNTIL MARCH lOTx [2009]?" VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Community Development Department Requests That. The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance No. (Number) 2009-03, Amending Chapter 16 Of The City Code, As It Relates To The Signage. Mr. Baker introduced this Agenda Item and stated, "We are recommending Approval of the language in front of you, but we are open for consideration on these other points of interest." Chairman Lacey asked, "When we talk about the Permit for - on premises, do you know if there is going to be a Fee associated with that Permit?" Mr. Baker replied, "There is a Fee established for any sign, I believe over six (6) square feet." Mr. Baker read Section 16-54. (9) of the City Code to those in attendance. Captain Tolleson on Permits, Signage, and Right-of--Ways. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 6 OF 10 Chairman Lacey opened the "Public Input "portion of this Agenda Item. Ms. Frankie Elliott, 1330 Lee Road, Orlando, Florida: spoke on behalf of the Orlando Regional Realtors Association and was in favor of this Ordinance. Referencing Ordinance 2009-03, (2), Ms. Elliott suggested eliminating the distance as not everyone will be within a half mile of a particular roadway. Referencing Ordinance 2009-03, (6), Ms. Elliott suggested there be an Appeal process. Mr. Tom Waters 1033 Antelope Trail, Winter Springs, Florida: addressed the Board Members and spoke about illegal signage. Captain Tolleson spoke about Citations and stated, "We do take an active approach on the Right-of-Ways." Ms. Linda E. Biller, 301 West State Road 434, Winter Springs, Florida: spoke to the Board Members about temporary Banners and Signs and recommended that her business is seasonal and thought that the regulation could be expanded for added exposure. Discussion. Chairman Lacey closed the "Public Input "portion of this Agenda Item. Pape 1/Side B Mr. Stevenson stated, "We will revisit this, Mr. Chairman, at your request and the direction of this Board with the City Attorney to try to clarify that language and to also look at the Banners." Mr. Stevenson then added, "There are obviously some seasonal businesses that have to make probably the great majority of their income during certain seasons." Further discussion ensued on Banner Signs. With additional comments, Mr. Stevenson stated, "If it is your direction that we address this - I think our intention is to get back with the City Attorney and draft said language." Vice Chairman Poe asked, "Is the Staff still seeking Approval of this with those caveats or conditions?" Mr. Stevenson replied, "If your Motion is to Approve the language in front of you with the additional condition that Staff work with the Attorney to draft language to address the situation -the inequity in the signage for retail versus businesses along [State Road] 434, we can take it from there." CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 7 OF 10 Furthermore, Vice Chairman Poe stated, "That is the intent of my Motion." Mr. Stevenson replied, "Your direction gives us the ability to go back and continue our discussions with the City Attorney." Mr. Stevenson then added, "If we do make these changes, I believe we have to bring them back to the LPA (Local Planning Agency) before we proceed to the Commission." Ms. Sahlstrom pointed out, "I would ask the LPA (Local Planning Agency) what their direction is on that." Chairman Lacey stated, "We have been sufficiently vague about what the outcome is going to be that I do not know what the recommendation would actually look like, so I would like to see it come back." Next, Vice Chairman Poe noted, "That would be included in the Motion, if necessary." Ms. Sahlstrom asked, "Do you want it to Table to Date Certain?" Chairman Lacey stated, "Yes." Vice Chairman Poe asked, "Would then our next Meeting of April the 1St [2009] be - at least that much time." "I MOVE THAT ITEM `501' BE APPROVED WITH THE STATEMENTS MADE BY RANDY STEVENSON -DATE CERTAIN OF APRIL THE 1St OF 2009 AND HAVE THAT ORDINANCE COME BACK TO US." MOTION BY VICE CHAIRMAN POE. SECONDED BY HEATWOLE. DISCUSSION. VICE CHAIRMAN POE CLARIFIED, `THIS IS APPROVED BUT TO DATE CERTAIN WHEN THEY BRING BACK THOSE OTHER PROVISIONS." CHAIRMAN LACEY REITERATED, `THE MOTION AS SECONDED IS TO APPROVE ITEM `501' WITH THE -INEQUITIES BETWEEN RESIDENTIAL AND COMMERCIAL BE ADDRESSED BY STAFF AND FINAL APPROVAL TABLED UNTIL THE MEETING OF APRIL 1sT [2009] TO BE BROUGHT BACK TO PLANNING AND ZONING [BOARD/LOCAL PLANNING AGENCY]." MR. STEVENSON ADDED, "BETWEEN RETAIL AND GENF,RAL BUSINESS." CHAIRMAN LACEY REPLIED, `RIGHT." VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 8 OF 10 REGULAR AGENDA REGULAR 600. Community Development Department -Planning Division Requests That The Local Planning Agency Review, Comment And Make Recommendation To The City Commission On The Draft Infrastructure Element And Public School Facilities Element. In reviewing the Infrastructure Element, Ms. Sahlstrom stated, "The latest sheets I gave you were -the `Goals, Objectives and Policies'. There are a few minor tweaks to the other part most of which are edits, but there are a few things I will comment on when we get to that part. I just wanted you to have a hard copy of the latest -Goals, Objectives and Policies." Chairman Lacey asked, "Eloise (Sahlstrom) does this incorporate the various editorial changes that Rosanne (Karr) has...?" Ms. Sahlstrom replied, "...I do not have any of Rosanne's (Karr) comments as yet." Referencing a change to IV-A-1.3:, Vice Chairman Poe suggested to delete, "`At least' annually?" Ms. Sahlstrom replied, "That is fine with me. Just strike the `at least'." There were no objections voiced. For Policy IV-C-2.1:, Vice Chairman Poe stated, "Now as I understand it, they have added cardboard to that here in the City." Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department stated, "That is correct as well as poster board or press board." Ms. Sahlstrom added, "I think we can generalize it. Maybe say, `For curbside pickup of recyclable materials?"' Mr. Lockcuff then added, "The County kind of dictates that at their recycling center. So, maybe `As approved by Seminole County Solid Waste Division'." Discussion ensued on Policy IV-E-1.9: and Ms. Sahlstrom stated, "What I was trying to do is to say that we should restrict irrigation hours and I did not want to tie it to compliance with St. John's River Water Management District regulations since ours were going to be more restrictive. But then I also wanted to allow other options other than to arrange sensor devices." Chairman Lacey added, "I would think that anyone reading this, the DCA (Department of Community Affairs) or anyone else would take some comfort if we said that our restrictions would be at least in compliance with St. John's River Water Management's [District] criteria." Ms. Sahlstrom suggested language like, "At least as restrictive as the St. John's [River] Water Management District." Chairman Lacey then added, "To be no less restrictive." Chairman Lacey asked, "Any disagreement on that point?" Vice Chairman Poe said, "No." There were no other objections voiced. CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 9 OF 10 An update of Map IV-A-1: was shown to the Board Members. On page IV-18 c., Ms. Sahlstrom stated, "That should be `Predominant'." Ms. Sahlstrom then added, "On page IV-24, I have added the words `short term planning horizon' and then I added. some text -under item 3, that says, `During the next five (5) years, the City will need to evaluate the potential remaining life of the water treatment plant to determine the timeframe for replacement'." On page IV-27, Ms. Sahlstrom indicated, "There was an error. There is one (1) Meter of Commercial for Commercial potable water that is outside the City limits and then I added some text that says, `The one site served outside of the City is because no other service was available, however one (1) of these properties has since been annexed'." On page IV-49, Ms. Sahlstrom then added, "The acronym we are using for the landfill is `OLF' is Osceola Land Fill and `CTS' for Central Transfer Station." Chairman Lacey asked about Yankee Lake as a water supply source and Mr. Lockcuff stated, "If you want, I can get you a copy of that (Alternative Water) Study that we had done." Chairman Lacey replied, "I would like it." Ms. Sahlstrom stated, "How does this sound, for [Policy IV-] E-1.9:, `Restrict irrigation hours to be at least as restrictive as St. John's River Water Management District' and then all the rest. Does that sound good?" Board Member Justin C. Reviczky replied, "That looks good." There were no objections noted. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE INFRASTRUCTURE ELEMENT AS MODIFIED WITH THE CHANGES." MOTION BY BOARD MEMBER REVICZKY. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. VOTE: BOARD MEMBER HEATWOLE: AYE VICE CHAIRMAN POE: AYE CHAIRMAN LACEY: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. Ms. Sahlstrom asked the Board Members, "How about if we just went over the Transportation Element - if you had any questions?" Board Member Reviczky stated, "I did not have any changes to make tonight." Vice Chairman Poe replied, "No." Chairman Lacey stated, "I do not think we have any action to take on that one." Next, Ms. Sahlstrom stated, "Public Schools [and Facilities Element]." Ms. Sahlstrom then added, "The intent is to not change any of the intent of the Policies, but simply to have them start with a verb." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE ] 0 OF 10 Tape 2/Side A Further discussion continued on Public Schools. "I MOVE TO APPROVE THE PUBLIC SCHOOLS AND FACILITIES ELEMENT AS PRESENTED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. Lastly, Chairman Lacey confirmed the next Meeting is scheduled for Tuesday, March 10, 2009 at 6:30 p.m. ADJOURNMENT Chairman Lacey adjourned the Regular Meeting at 8:37 p.m. RESPECTFULLY SUBMITTED: J AN L. BROWN EPUTY CITY CLERK APPROVED: i CH ES LA AIRMAN PLANNING AND ONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the April 1, 2009 Regular Planning And Zoning Board/Local Planning Agency Meeting.