Loading...
HomeMy WebLinkAbout2008 07 02 Consent 200 Approval of the June 4, 2008 Regular Meeting Minutes.CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 4, 2008 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, June 4, 2008 was called to Order at 7:00 p.m. by Chairman Robert L. Heatwole in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Robert L. Heatwole, present Vice Chairman Charles Lacey, absent Board Member Rosanne Karr, present Board Member Edward Martinez, present Board Member William H. Poe, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department -Planning Division Wishes To Provide The Local Planning Agency With Information On Proposed Legislation By The DCA (Department Of Community Affairs). Ms. Eloise Sahlstrom, AICP, ALSA, Senior Planner, Community Development Department spoke about "Hometown Democracy" and distributed an article published on May 28, 2008. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The May 7, 2008 Regular Meeting Minutes. ~,~." ~1 ~"~- ~~ ~- -~ "'cL w '~ Chairman Heatwole stated, "Requesting Approval May 7, 2008 Regular Meeting Minutes - do we have a Motion to accept those?" CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - Ji1NE 4, 2008 PAGE 2 OF I 1 "SO MOVED." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: "'~ BOARD MEMBER KARR: AYE G~ CHAIRMAN HEATWOLE: AYE ~' BOARD MEMBER MARTINEZ: AYE „~ BOARD MEMBER POE: AYE ~,..~ MOTION CARRIED. AWARDS AND PRESENTATIONS ~` AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Ms. Sahlstrom presented this Agenda Item and commented, "It does relate to [Agenda] Item `501'." Ms. Sahlstrom said, "This ad has been advertised in the Orlando Sentinel for the LPA [Local Planning Agency] Public Hearing and you are being asked to make a recommendation to the City Commission regarding this [Agenda] Item tonight. However, if in the discussion more time is needed, additional Public Hearings can be held." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 3 OF 11 Continuing, Ms. Sahlstrom added, "In closing, Staff found that the revision is in Compliance with procedural requirements established by the City Code and Florida ~ Statutes and it is consistent with the Comp[rehensive] Plan. So, therefore, Staff recommends that the LPA [Local Planning Agency], P And Z [Planning And Zoning) ~ hold a Public Hearing and recommend to the City Commission Adoption of Ordinance ~i 2008-10 which Amends `C-2' General Commercial Zoning District to allow with ~~ supplemental restrictions indoor and outdoor paved parking and storage of automobiles, ~~ boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and ..~ recreational vehicles under certain unique situations in specific areas of the `C-2 Zoning District'." ~;.`~ Discussion. Chairman Heatwole opened the "Public Input" portion of the Agenda Item. Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke in favor of this Agenda Item and remarked that he would like to have recreational vehicles instead of debris on this Property. Discussion. Photographs of the Property were shown. Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850 Courtland Street, Orlando, Florida: representing the Owner of the Property, Mr. Harling addressed the Board Members related to Agenda Items `500' and `501'. Mr. Harling stated, "If it is screened, non-hazardous and nobody living there -anything else with storage, open storage would be allowed. What that does is, this Property is large enough to be broken into a section that would be one hundred percent (100%) set up for recreational vehicles which would need to be segregated, but it also has a section that could be set up for work vehicles. The City of Winter Springs has been a leader in aesthetics within their neighborhood community for years and years and years and as such there are people who have signs on the side of a panel truck that are not allowed to park them at home." CTI'Y OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETQJG -JUNE 4, 2008 PAGE 4 OF i l Continuing, Mr. Harling noted, "We believe that we could set up a section and we will work with your Staff on the -facility, because that is something that we had not really looked at in detail either with your Staff and or the [Seminole] County. So, we will do that, but we feel that work vehicles for Plumbers, Landscapers, Maintenance people, Surveyors - I am an Engineer, we have two (2) survey trucks. If I could park them there and have one (1) guy pick him up and drop him off, it would save and it would work well I think for the City; because you have a very dynamic work base population in the City and those people maintaining the quality within the neighborhoods, this would allow them to go to work, come home and they would be close to City needs also." Next, Mr. Harling added, "There are some business `Uses' that we think would be appropriate by fleet -you wouldn't have more than two (2) or three (3) vehicles for anybody in particular, but if you go down here a little bit, the entire school population, school buses have a fleet right before you ever get around the corner to us on [State Road] 419, and they certainly roll out every morning, roll in every afternoon and put a lot of traffic on our roads and system getting to the quality schools again that we have in Seminole County." Regarding storage, Mr. Harling remarked, "Somebody should be allowed to take a vehicle in there, store it and not necessarily be operable under the definition of operable by the Department of Motor Vehicles. And again, you don't want those vehicles being stored in your residential subdivisions, so this gives an option for that. So again, I come back to, I think if we had non-hazardous, screenable and no living on the site, that that would define what should be allowed to happen in this highly specific area located adjacent to a railroad track with power lines and a screening system put in place. One of the things that we are negotiating both with the City and with the [Seminole) County is a Cross Trail. The thirty-five feet (35') that you see adjacent to the road there, would become part of the Trail system. There would beaten foot (10') wall right behind the Trail system. The trees that are along there would become [Seminole] County controlled as far as -there are quite afew -Black Jack Oaks and things like that along there and those trees would become part of the Trail system also. Then that section between the wall and the rail would be the storage area, and if there happens to be anything that is in there at this point in time that you were talking about, it would be pushed back to the other side of the railroad tracks. So, I think we may be coming very close to taking care of the problems that you were alluding to. That pretty well sums up what I believe would be a slight modification to the Ordinance." ~~ ''~.. G`> ~~ ~•~I ..cam Discussion ensued on Zoning. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 5 OF 1 l Ms. Sahlstrom stated, "The `I-1' Zoning District does allow outdoor storage and it does allow storage of commercial vehicles, any kind of vehicles; work related semi-trucks, anything." Ms. Sahlstrom added, "This change expands the `C-2' Zoning which currently does not allow any outdoor storage even if it is protected by a wall and brings ~y-~ that `Use' into the `C-2'. As it stands right now, any of those `Uses' are only allowed in sue" the `I-1'. So, boats and RV's (recreational vehicles) are not allowed in `C-2'. This G~- allows part of outdoor storage into `C-2' without allowing all of those `Uses' or all of ~• a those vehicles into this `C-2' Zoning." Discussion. ~ Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members on the Ordinance and "Uses" allowed. Tape 1/Side B Chairman Heatwole closed the "Public Input "portion of the Agenda Item. "I WOULD LIKE TO TABLE [AGENDA] ITEM `500' MAKE A RECOMMENDATION TO TABLE [AGENDA] ITEM `500' AND PROCEED TO [AGENDA] ITEM `501' AND GIVE US THE OPPORTUNITY TO COME BACK TO [AGENDA ITEM] `500'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31(e Ms. Sahlstrom introduced this Agenda Item and stated, "In writing this -Staff Report and included in your Agenda Item is the Application for the Rezoning. In looking at what the Applicant was requesting, everything that was included was stated in the Application. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 6 OF 1 I So, it was stated for boats and RV (recreation vehicle) storage and that was the direction Staff understood to be the Applicant's request and therefore, the Staff Report was based on that. In looking at a previous discussion at a City Commission Workshop, it was stated boats and RV (recreation vehicle) storage. So, it wasn't expanded to include work vehicles or where it could include any of the `Uses' that are associated with the 419 Metal [and Auto] Recycling [Center]; no semi's. It was stated very clearly boats and RV (recreation ~,,,~,,.~ vehicle) storage. If the Applicant wants to expand that `Use' it would be my suggestion ~ and Staffs that they amend their Application and their justification and do so formally '~'~.° with the Application that we are reviewing tonight for this [Agenda] Item `501'." r Discussion. Photographs of the Property were shown. Referencing Agenda Item `501' under Rezoning Analysis number (10), Board Member Edward Martinez, Jr. suggested that, "In order for them to institute the kind of things that the Attorney was suggesting, you will have to make several changes or they have to reconsider their Application or Amend their Application and then you would have to work on it and then it would have to come back to us." Ms. Sahlstrom remarked, "That would be my recommendation." Board Member Martinez stated, "Thank you." Board Member William Poe replied, "The Justification Statement that is with [Agenda Item] `501' was written by the Applicant?" Ms. Sahlstrom said, "Yes, that was written by the Applicant." Board Member Poe read the Justification Statement number `1' and said, "I do not see RV's recreational vehicles mentioned anywhere in there, so my question goes back to I do not see the Applicant asking for RV (recreation vehicle) and boat storage. I am seeing him ask for `open storage'." Discussion. Ms. Sahlstrom commented, "It does talk about [Justification Statement] `13' about storage, but it does say businesses there. You are correct on that. And actually there might be an error in the Justification part, but I do know that in the Workshop Minutes [City Commission Special Minutes, April 4, 2008], it simply said boats and RV's (recreational) but I don't have that included here for you." Mr. Stevenson clarified `Open Storage' and `Closed Storage'. Board Member Martinez discussed "Justification Statement" number `12'. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 4, 2008 PAGE 7 OF 11 Chairman Heatwole opened the "Public Input "portion of the Agenda Item Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850 ~~ Courtland Street, Orlando, Florida: addressed the Board Members and said, "One of the ~~ things that we did specifically put in the Request was that it be `Open Space' and again we try to keep things simple. The fact there is a railroad track, the fact that the ~i powerlines are there, the fact that we are working with the [Seminole] County to put the ~-~ trail through there and the fact that we want to screen it, so then what we want to do is ~ protect what is behind the screen and also have an aesthetic view from the road." Photographs of the Property were shown. Continuing, Mr. Harling said, "This is what the entrance would look like at Wade [Street]. There would be -large landscape palms, it would be -the wall would be ten feet (10') tall brought around the corner and then this is what the wall would look like. The intent is to on three foot (3') centers to plant a ficus type vine that grows; put an irrigation system in that would be a low water use microjet type water system; grow a green screen along there. Two (2) things happen. You buffer sound with that and also with the wall itself you have a major structural element there to separate yourself from the trail and then the trail goes across the road and then you are at your residence. So, everything would be pushed further to the north that you were discussing before and in addition to that, you will have a ten foot (10') wall with landscaping green on it and a good landscaped entrance coming into it." Mr. Harling added, "Your Staff has been very, very kind and met with us many times. And in those discussions and some of the meetings that we had with them, we did discuss recreational vehicles, we also discussed containers, we also discussed that there should not be anything allowed behind that wall that was greater than thirteen feet (13') tall so that you do have the screening effect that takes place. All of those things are things that we have committed to. We continue to be committed to and we think that by doing this you are going to win a trail system, you are going to win a buffering system and a sound proofing system and a screening system from this totally from [State Road] 419 you are going to improve the entrance off the existing road system and we would just respectfully request that you move us forward with the Zoning and also that you go back and revise the language that has been presented to you for the - [Agenda Item] `500'." Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke about Wade Street and his concern with traffic. Mr. Duvall then commented about the intersection and suggested a traffic light. CffY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 8 OF 11 Mr. Harling stated, "We are donating an additional ten feet (10') on each side of the right- of-way. When we do the Site Plan, we will be required to bring the road up. The dust and dirt will go away. It will be an industrial commercial grade road system and then we will be required also to do any intersection improvements necessary for safe and adequate ingress and egress from the site, which we will do." Chairman Heatwole closed the "Public Input "portion of the Agenda Item. Board Member Martinez discussed `Justification Statement' numbers `5' and `10'. Ms. Sahlstrom said, "One concern as I already mentioned that Staff had is that we did not feel it appropriate that a business would be operated out of the Site. If this Board wants to expand the `Use' to include utility trailers and small commercial vehicles, I am not opposed to that, but I would like it to be limited to certain smaller commercial vehicles not just any commercial vehicle, because I think it is very important that probably in opposition to what Mr. Harling said, I don't support a general description because then there is opportunity for misunderstanding misinterpretation. It has been clear from the Workshop, that the discussion was that this site would not be an expansion of the 419 Metal [and Auto] Recycling [Center] business. It would be a different `Use'. But it needs to be clear in any language that is adopted that we are providing a new `Use' for this site that gives economic viability to this property, but it also protects the residents and acts as a transition `Use' that is not an `Industrial Use'." Continuing, Ms. Sahlstrom stated, "Staff does not support generalizing this statement to just say non-hazardous screenable and no living on this site. That is too broad to have any enforcement or to know what that means. But, I would support utility trailers, small commercial vehicles but not if they are being operated as a business operating out of that site that would generate daily traffic." Discussion. "MAKE A MOTION TO TABLE THIS [AGENDA ITEM] `501' UNTIL WE COME BACK TO IT AFTER (AGENDA] ITEM `500'." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: AYE BOARD MEMBER POE: AYE CHAIRMAN HEATWOLE: AYE MOTION CARRIED. ~'~' ~~ `~ CITY OF WINTER SPRINGS, FLORmA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 9 OF 1 I •• AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS WERE DISCUSSED AGAIN, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • PUBLIC HEARINGS AGENDA _7 PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 ~,` General Commercial District.. rye` Board Member Martinez stated, "We need a Motion to bring this back up." "I WILL MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Discussion. "I WOULD LIKE TO MAKE THE MOTION THAT WE RECOMMEND BASED ON OUR PUBLIC HEARING TONIGHT -RECOMMEND TO THE CITY COMMISSION ADOPTION OF ORDINANCE 2008-10 WHICH AMENDS THE `C-2' GENERAL COMMERCIAL ZONING DISTRICT TO ALLOW INDOOR AND OUTDOOR PAVED PARKING AND STORAGE OF AUTOMOBILES, BOATS, BOAT TRAILERS, WATERCRAFTS, MOTORHOMES, TRAVEL TRAILERS, EQUINE TRAILERS AND RECREATIONAL VEHICLES IN CERTAIN SPECIFIED AREAS OF THE `C-2' ZONING DISTRICT ALONG WITH SUPPLEMENTAL RESTRICTIONS." MOTION BY BOARD MEMBER KARR. SECONDED BY CHAIRMAN HEATWOLE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER POE: NAY CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 10 OF 11 PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood ~ Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other ~ Restrictions Pursuant To Section 20-31(e). Chairman Heatwole stated, "Now, I need a Motion to go back and open [Agenda Item] `501'." ~ •-~• "I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: NAY CHAIRMAN HEATWOLE: AYE MOTION CARRIED. Chairman Heatwole said, "Again, what the Board has been requested is - if that is the desire -Approve [Agenda] Item `SO1'and send it on to the Commission for a Public Hearing." Discussion. "I MAKE THE MOTION WE APPROVE [AGENDA ITEM] `501' AND SEND IT TO THE CITY COMMISSION WITH OUR RECOMMENDATION FOR APPROVAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: NAY BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NNE 4, 2008 PAGE 1 I OF I 1 REGULAR AGENDA REGULAR 600. Not Used. V th t th t if th i di ti t if d th hl t l i M S h b e a ose ere s a ssen ng o ie a rom c ar er us ness, s. a s In ot Board Members will need to furnish a written statement for the file. ~_ ADJOURNMENT Chairman Heatwole adjourned the Regular Meeting at 8:31 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: ROBERT L. HEATWOLE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the , 2008 Regular Planning And Zoning Board/Local Planning Agency Meeting.