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HomeMy WebLinkAbout2010 06 09 Consent 201 Requesting Approval of the April 28, 2010 Special Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING APRIL 28, 2010 CALL TO ORDER The Special Meeting of Wednesday, April 28, 2010 of the Planning And Zoning Board/Local Planning Agency was called to Order at 7:04 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 Howard Casman, present Board Member Robert Heatwole, present Board Member Rosanne Karr, present After a moment of silence, Boy Scout Senior Patrol Leader Johnny Olsen, Troop #196 led in the Pledge of Allegiance. PUBLIC INPUT No one spoke. REGULAR AGENDA REGULAR 600. Community Development Department Requests That The Planning And Zoning Board Consider Brighthouse's Final Engineering/Site Plan For Modifications To The Existing Brighthouse Facility On South Moss Road. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "This is a Non - Conforming Site — the existing Non - Conformities based on current Code include the tower and the building setbacks. The ability of the Applicant to make reasonable modifications to the Site was protected by an Agreement; but in 2007, the State Law was changed and the Applicant took advantage of a provision in the State Law and unfortunately they lost their protection afforded by their Franchise Agreement." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY SPECIAL MEETING - APRIL 28, 2010 PAGE 2 OF 7 Continuing, Mr. Baker stated, "This is the first Special Permit that we have processed." Pra A photograph of the property site was shown next. Chairman Lacey commented that there were previous concerns by this Board and the City Commission regarding "The sliding gate - there were some reservations expressed 11 there. Are you comfortable that all of the issues that were brought up by the Commission have been addressed ?" Mr. Baker responded, "Yes, I am." Furthermore, Mr. Baker commented, "We do recommend Approval." ~. "I WOULD LIKE TO RECOMMEND APPROVAL OF ITEM `600' AS PRESENTED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER HEATWOLE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER CASMAN: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. REGULAR 601. Community Development Department Requests That The Planning And Zoning Board Consider The Final Engineering/Site Plan For Approximately 35.5 Acre Portion Of Seminole County's Approximately 45 Acre Jetta Point Park That Is Located Within The City Of Winter Springs. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and remarked, "Staff does recommend Approval subject to the Development Agreement or other legal mechanism, whatever the Attorney decides." Chairman Lacey remarked, "As you know, we had Public Input and there was no one who spoke, but I think because of the special nature of the conflicting Meeting going on in the lobby, that people were interested in this item and had their attention distracted - it would be appropriate for us to allow that opportunity again. Is there any objection by the Board if we do that ?" Vice Chairman William H. Poe responded, "None by me." Board Member Robert Heatwole replied, "No." There were no objections. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY SPECIAL MEETING - APRIL 28, 2010 PAGE 3 OF 7 Chairman Lacey opened Public Input. Mr. Kevin Cannon, 174 Nandina Terrace, Winter Springs, Florida: expressed his concerns about the project related to parking, noise, lights, and environmental issues. Chairman Lacey closed Public Input._ Chairman Lacey asked Mr. Baker, "Are you comfortable that the concerns that have been 1=64 dee: addressed here by Mr. Cannon as well as his neighbors, can be addressed in a Developer's Agreement to put those into effect ?" Mr. Baker replied, "We can get a list of those concerns from the County and their Consultant and get those to the Attorney. Certainly, City Staff were present for the Meeting and the City Manager so that we can definitely sound these various concerns and determine what can be done to delay them." Continuing, Chairman Lacey then asked, "Can the Developer's Agreement be enacted with force to be able to give some comfort in perpetuity, as his concerns will be addressed ?" Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "To be more specific — what you are asking, `Will Staff pursue these items in a Developer's Agreement' and again, `Yes, we will'. It will be a document that is recorded, that runs with the land. It is a Contractual Agreement. Anything from height of light poles to hours of operation will be covered in that. We heard a lot of things tonight that we need to discuss. We are working with the Attorney on the language as we speak. That item will go forward as a Condition of Approval. It will go forward at the same time the Aesthetic Review and this Final Engineering goes forward to the Commission. So, that will be part of the Approval and it will be put in place and will have to be Executed and Recorded as such." Discussion. Mr. Stevenson stated, "As we negotiate the language for the Development Agreement, which - I just want to say again for emphasis, will be a part of any Approval and will be part of the consideration that the City Commission considers as they look towards potential Final Approval of this project." Further discussion ensued on the property site. Chairman Lacey asked, "Once this item leaves here, either with Approval or Disapproval, the next step would be for this Final Engineering to be reviewed by the City Commission. Is that the final step or is there another round ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY SPECIAL MEETING - APRIL 28, 2010 PAGE 4 OF 7 Mr. Baker explained, "The Final Engineering, the Aesthetic Review, and the Development Agreement - we have a meeting with our City Attorney set up on Wednesday morning at ten o'clock (a.m.) and this can be one (1) of the primary items on raa that meeting to go over this and include all the citizen's concerns." Chairman Lacey then asked, "Do you feel the meeting that preceded this gave you the input you need to be able to put together that Developer's Agreement or is there more conversation with the neighbors that will occur ?" wren Mr. Stevenson noted, "This — last Meeting was what was committed to and what the ~. Commission had directed to happen so far as meeting with the neighbors. I think we got a lot of information from them. I know we did and I am sure the County did to kind of put our heads together and finalize the language for the Developer's Agreement, such that we can address as many of the concerns as possible. Again, John (Baker) said, this would go together as a package. It is a three (3) prong — package. It is the Final Engineering, which you are looking at tonight, Development Agreement, and also a Public Hearing for the Aesthetic Review." Furthermore, Mr. Stevenson then added, "It goes from here to City Commission and it would be the final act." Continuing, Mr. Stevenson stated, "The Development Agreement or this Contractual Agreement is based upon the Site plan as you see it and the alleviation or the concerns that we can put in writing in terms of hours of operation and so forth. It probably will not materially affect the design other than maybe a Trail — I think what is being asked is maybe a belief that the Development Agreement or the negotiation of the Development Agreement may cause the property to be redesigned, or maybe even moved from this site and I just want to make sure that everyone understands that that is not the purpose of the Development Agreement. A Development Agreement is intended to be a companion document to a Site Plan and it may be a Condition of Approval of that Site Plan or that Final Engineering to move the project forward and it does in fact form a Contractual Agreement that certain things happen — light poles, hours of operation — things of that nature." "I WOULD LIKE TO RECOMMEND APPROVAL OF THE FINAL ENGINEERING SITE PLAN AS PRESENTED BY STAFF ALONG WITH THE DEVELOPMENT AGREEMENT PRESENTED TO THE CITY COMMISSION ADDRESSING THE CONCERNS OF THE CITIZENS WHO RESIDE NEARBY." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER HEATWOLE. DISCUSSION. CHAIRMAN LACEY ADDED, "FOR APPROVAL, SUBJECT TO A DEVELOPER'S AGREEMENT BEING PREPARED BY STAFF." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY SPECIAL MEETING - APRIL 28, 2010 PAGE 5 OF 7 VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER HEATWOLE: AYE MOTION CARRIED. Mr. Stevenson commented that, "We originally targeted the date of the 10 (May 2010), however, we will take whatever time is necessary — maybe two (2) weeks later before it I"' goes to the Commission. We certainly would be willing to make that information public so that everyone who wants to be at that Meeting. Although, the Final Engineering is not a Public Hearing, they can certainly be at that Meeting and we will try to get that language for the `DA' (Developer's Agreement) worked out with the County and through our City Attorney and their Attorney in plenty of time to have that before the Meeting. And certainly before we write the Agenda Item up, to take it to the City Commission, so while we would like to get it on the 10 (May 2010), it may be two (2) weeks later." REGULAR 602. Community Development Department Requests That The Planning And Zoning Board Consider Certain Proposed Text Amendments Regarding The Development Of Small, Irregular - Shaped Lots Within The Town Center Zoning District. Mr. Stevenson presented this Agenda Item and stated, "This is something we are going to take back to the Commission and probably a Workshop format, but I wanted to get the benefit of Planning and Zoning (Board/Local Planning Agency) thoughts on this item to help us put together the final package for the Commission. And ultimately, it will be a Text Amendment which will come back to P & Z (Planning and Zoning Board/[Local Planning Agency]) if we go forward with it." Chairman Lacey asked, "At the end of this discussion, are you looking for specific guidance from this Board in terms of a Motion, or are you just looking for a discussion to take as informal input." Mr. Stevenson responded, "I think it is informal input. We asked for providing relative feedback, suggestions as well as any development options that this Board may want to entertain. Again, that would go back to the Commission in a form of a Workshop and then as directed by the Commission; if we move forward with the Text Amendment, would come back formally before this body, before it goes to the City Commission." Next, "The City of Winter Springs Irregular Small Parcel Analysis Study March 2010" map was displayed. Discussion on various irregular lots continued. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY SPECIAL MEETING — APRIL 28, 2010 PAGE 6 OF 7 Tape 1 /Side B With further discussion, Mr. Stevenson spoke of irregular lots, two -story buildings, iraQ sidewalks and stormwater. Discussion. Regarding possibly changing the Text Amendment to the Code for some of the fringe wenn area or small irregular shaped lots, Mr. Stevenson asked the Board Members for their suggestions and thoughts. Chairman Lacey stated, "For these small irregular lots, a deviation to some of these requirements — two (2) stories — if it is not adjacent to another set of buildings, it is not going to be visually disruptive to me." Continuing, Chairman Lacey then added, "In this case, defining a small irregular lot to some objective criteria, makes sense in regard Jo this particular two (2) story requirement." Vice Chairman Poe remarked, "I would agree with that — because you have quantified it and objectively defined what perimeters it must have before it is even to be considered." Chairman Lacey asked, "Are there any projects en route besides the Pinch -A -Penny - that would take advantage of this? Mr. Stevenson replied, "I think the Pinch -A -Penny is the only one (1) - that has come in. We have some other projects that would love to take advantage of it, but they do not qualify for the small irregular- shaped lot as we have it currently defined." Discussion. Continuing, Mr. Stevenson said, "We have to look at these lots on a case by case basis — and craft language that may address all of them." Chairman Lacey asked, "What other exceptions would be on your list ?" Mr. Stevenson replied, "The one that would be an exception again, would be the twelve foot (12') sidewalks — the one (1) story." Mr. Stevenson added, "The major one is going to be the one (1) story — just because of the implementations not only on the area of the building but also on the required parking." Discussion ensued on two (2) story buildings. Tape 2 /Side A Chairman Lacey stated, "There is a balance because you have some conflict of interest. It is in the City's interest that we try to make this as attractive as possible and that it generates the highest and best use of the property for the long term. On the other side, you have individual property owners who are trying to get by, day to day, and they are struggling — you have to balance those interests." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING — APRIL 28, 2010 PAGE 7 OF 7 In summary, Mr. Stevenson stated, "What I am going to go forward with is a real good discussion, one (1) story potential, but only with upgraded architecture — and the other things we talked about the shared parking, the underground treatment of stormwater and those types of things." Chairman Lacey responded, "I can live with one (1) story, but I think I am in the minority." In other City business, Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department commented on the recently Approved Ordinance 2010 -09, which reassigned the duties from the Board of Adjustment to the Planning and Zoning Board/Local Planning Agency and sunsetted the Board of Adjustment. Ms. Sahlstrom then distributed a copy of Ordinance 2010 -09 to the Board Members. Lastly, Ms. Sahlstrom addressed the Board Members regarding Community Planning Month in October. Deputy City Clerk Joan Brown asked the Board Members if they were agreeable to being emailed all future Planning and Zoning Board/Local Planning Agency Agenda Packets, in lieu of typical mail delivery via the United States Post Office? Chairman Lacey replied, "There needs to be some judgment on the very large documents — that we would not have the capability of printing out ourselves. We would leave it to the Department to make some recommendation on when it needs to come to us separately. Other than that, I am fine with email." Vice Chairman Poe stated, "Likewise." Board Member Robert Heatwole, "Email." Board Members Rosanne Karr and Howard Casman stated that they would prefer the paper copy. ADJOURNMENT Chairman Lacey adjourned the Regular Meeting at 8:49 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: CHARLES LACEY, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the , 2010 Planning And Zoning Board /Local Planning Agency Regular Meeting.