Loading...
HomeMy WebLinkAbout2007 05 14 Consent 205 Unapproved Special Minutes of April 23, 2007 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING APRIL 23, 2007 CALL TO ORDER The Special Meeting of Monday, April 23, 2007 of the City Commission was called to Order by Mayor John F. Bush at 4:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, arrived at 4:01 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 4:43 p.m. A moment of silence preceded the Pledge of Allegiance. Commissioner Robert S. Miller arrived at 4:01 p.m. REGULAR AGENDA REGULAR 600. Community Development Department - Planning Division Requests That The City Commission And Local Planning Agency Review, Comment And Affirm The List Of Major Key Planning Issues To Be Included In A Letter Of Understanding With The Department Of Community Affairs (DCA). The Letter Will Request The DCA's (Department Of Community Affairs) Agreement To The Topics Selected As Their Guide In Reviewing Winter Springs' Evaluation And Appraisal Report (EAR) For Sufficiency. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department noted that some Planning and Zoning/Local Planning Agency Board Members were present. t:':I ~ ~ ~ ~ ~ ~ F3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE20F9 Mayor Bush commented, "Why don't you give us your name for the Record here." Chairman Bill Poe, Board Member Rosanne Karr, and Board Member Linda Tillis introduced themselves to the City Commission. Discussion ensued on the information in a Letter of Understanding with the State of Florida. Mayor Bush mentioned the first page on the list of issues, "Under elderly housing and medical care, it would be the second bullet and actually the last long sentence - the last two (2) lines it says, 'Or requiring a certain percentage of town homes and condominiums'. Why are we leaving out homes; just regular homes?" Ms. Sahlstrom commented, "1 suppose that's a good point. We're not seeing a lot of development of single-family homes." Mayor Bush said, "So, it was not intentional to not put it in." Mayor Bush continued, "So, it should be added in?" Ms. Sahlstrom said, "We can add it in. Sure, it's something that we're going to explore, but we can add it in because we want to explore it for single-family homes as well." Regarding the elderly housing and medical care clause, Deputy Mayor Sally McGinnis suggested, "Percentage of dwellings, maybe." Ms. Sahlstrom suggested, "Perhaps we can just say a certain percentage of new residential development or something like that." Deputy Mayor McGinnis added, "1 don't know if you could require private homes, but you could encourage - 1 don't know. That is an issue for our Attorney." Ms. Sahlstrom then suggested, "Perhaps we could just say a certain percentage of new residential development or something like that." Deputy Mayor McGinnis noted, "Right, that is good." Further discussion. Regarding heights of buildings and the Town Center project, Ms. Sahlstrom pointed out, "You did allow the Doran development to go higher, which is permitted under the Comp[rehensive] Plan. It was not permitted under the Code and that's why it was addressed in the Development Agreement to allow it to go to the six (6) stories - it was an exception to the Code - for Doran. The exception was for Doran." Furthermore, Ms. Sahlstrom stated, "The Comp[rehensive] Plan will allow up to six (6) stories, but because the Code only allowed four (4) stories, any deviation from that has to have your blessing as a Commission through a Development Agreement, so yes it is allowed, but only by your agreement." Regarding Development Agreements, Commissioner Donald A. Gilmore commented, "So, one allows, one says it has to come back to the Commission. What green space are we getting for allowing this?" Ms. Sahlstrom said, "These are things to explore, I don't have the answers to how we would accomplish these things or if they're even doable." ~_~~~:i~ ~U!i'ij ~ ~ c.~ -.. ~ ~.- - ~ ~~ ~ ~ t:::::> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE 3 OF9 With discussion, Commissioner Gilmore suggested, "I think those things need to be stated, that if somebody gives something, or if they want this, they have to give it in return." Discussion. Commissioner Rick Brown remarked, "I just wanted to be clear that the Comp[rehensive] Plan states six (6) stories, but anything over four (4) has to come back before the Commission for approval." Ms. Sahlstrom replied, "Right." Commissioner Brown continued, "And it has to be documented as a Developer's Agreement and the Ordinance needs to be changed." Ms. Sahlstrom commented, "Right. A Developer has to follow the Code and if he - wants an exception from the Code, the only way to address that is either to change the Code or to have a Development Agreement. And that's why he has to come back to you to have that changed." Discussion followed on accessory buildings. Chairman Poe suggested, "Accessory dwelling attached units to be constructed in single-family zoning; that covers the individual homes. And then, and/or requiring, and again we haven't established that, a percentage of the town houses or condominiums; but attached, then clearly delineates that it has to be attached to a single-family unit." Commissioner Miller stated "That is fine." Discussion. Commissioner Brown remarked, "In our HOA (Homeowner's Association) Covenants, there is an article that deals with, I do not know the exact wording, but it pretty clearly states, one (1) family, one (1) home. Is there not something that can be or equivalent in City Code that can be added that says - 'Non-rent paying, family member dwelling' - whatever the wording - that accessory unit to being a non-rental facility." Mr. Randy Stevenson, ASLA, Director, Community Development Department stated, "So when we talk about Accessory Dwelling Units, I would like to - if the Commission desires at this point to allow the Staff to begin to go in and look at this on a broad base and see what is possible and what is feasible and we may come back as Eloise (Sahlstrom) said, and decide that we don't want some of these parameters or some of these items as they are linked to accessory dwellings, but at this point, I think we need to at least look at them when we are putting the EAR (Evaluation and Appraisal Report) together." Further discussion. City Attorney Anthony A. Garganese arrived at 4:43 p.m. Discussion. ~ ~ ;...~ C~~~ ~ ~ Q........ _:~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE40F9 Chairman Poe commented, "I think Mr. McLemore summed it up fairly well for me and that is, is that they only go to six (6) floors, only if you say so. Period. End of report. I can't understand why they would not be able to provide another green space possibly not in the Town Center, but if they want to build a six (6) story building in the Town Center and they are required to give us some green space, they are just going to have to do it." Board Member Tillis stated, "So, if it's a concept that could work in a certain situation, it's not something that's just absolutely no way, no how; then I think we ought to leave it open to let us explore that option. I think we all recognize that there are going to be restrictions on it. It is not right for every place in the City, but there could be places where it works and we ought to make that option available. I don't want to see us get shut down on all these different concepts - but, certainly there are certain issues that just aren't going to work based on - what you guys understand the population to want. And we definitely don't want to waste our time on those." Board Member Karr remarked, "I agree with both Linda (Tillis) and Bill (Poe) here, that these are issues that we all agreed upon and I think it is just a basic outline - we want the DCA (Department of Community Affairs) to realize that these are concerns of ours that we are going to address in our Comprehensive Plan." Board Member Karr added, "I agree with everything that was presented in this packet." Deputy Mayor McGinnis noted, "I do too." Discussion ensued on the economic feasibility wording. Tape l/Side B Further discussion. Chairman Poe commented, "Randy (Stevenson), I think, alluded to it earlier that - we're submitting this to DCA (Department of Community Affairs). This is nothing more than a draft. This is a - what we think are going to be the major issues. But when we actually developed the EAR (Evaluation and Appraisal Report), these may not be in there, correct me if I'm wrong, Eloise (Sahlstrom)." Ms. Sahlstrom said, "What we need to do is explore the options and evaluate them and that part needs to be in there, the evaluation." Ms. Sahlstrom continued, "But does not mean that we are endorsing that we are going to include this in our Code or in our Comp[rehensive] Plan - if it doesn't meet the evaluation." ~ ~ ::"'-~ (;::::::. ~ Q<:,~ Cl...,~ ~ ;;:--::> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE50F9 With further comments, City Manager Ronald W. McLemore asked, "Was any thought given at all to looking at the West side of town from a redevelopment perceptive and see what, if anything, we can do over there to try to help restore in that area and make it more sustainable for the future?" Ms. Sahlstrom replied, "That was not really addressed as one of the issues that we needed to be looking at. I mean, it is an issue that's important; it's something that we can look at independently, but it was not part of the discussion of this body, that I recall. Or - from the Public Workshop - it didn't come to the surface as one of the issues to further explore." Discussion. Manager McLemore suggested, "Maybe we could put a policy statement in the Comp[rehensive] Plan that says, we need to be flexible - because you can't solve these redevelopment problems in a straightjacket of a strict set of rules. You've got to have flexibility to work with - so, maybe as a Comp[rehensive] Plan policy, we should say at least that we would maintain the flexibility to employ appropriate strategies in the redevelopment area that would create sustainability, long-term sustainability - reviving and creating sustainability in that area." Chairman Poe asked, "Is that something that would have to go through this process here and go through DCA (Department of Community Affairs) and be part of the EAR (Evaluation and Appraisal Report)?" Manager McLemore said, "I think as a matter of policy it should be." Manager McLemore continued, "Just put it as a policy that you will do that." With further discussion, Attorney Garganese commented, "The issue whether it is worthy enough to explore. And the fact that not much thought has been given into it, this is an opportunity to put more thought into it, identifying it as an issue for further study. What comes out of it during the EAR (Evaluation and Appraisal Report) process is anybody's guess, but shouldn't some focus be given to a redevelopment issue that we have in certain areas of the City. There may be strategies that could be incorporated into the Comprehensive Plan, where ever they be; like Neighborhood Improvement Districts and things like that, that could go a long way to help revitalize parts of the City. The Manager is saying there should be further study." Mayor Bush asked the Local Planning Agency Members, "Do you agree? And if you do, I will ask the Commission to Vote on it." Chairman Poe said, "Yes." ~ ~~ ~ ~ ~ ~ C--a ~"'" ---~ ~~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE60F9 Board Member Tillis commented, "My first reaction is I did notice that redevelopment initiatives were addressed under Affordable Workforce Housing - and maybe there is a way that we can bring that up under several different topics here instead of just localized there. But since we do have a GreeneWay Interchange District; we do have State Road 434 corridor, I don't object to setting that out as a separate item in this concept document; to be addressed separately. To look at what concepts, what strategies we can use to address that particular problem." Board Member Karr remarked, "I agree." "I MOVE THAT WE ADOPT THE LIST OF ISSUES - ON THE PLANNING DIVISION, THE LOCAL PLANNING AGENCY - WE AFFIRM THEIR LISTS OF MAJOR KEY PLANNING ISSUES TO BE SUBMITTED TO THE DCA (DEPARTMENT OF COMMUNITY AFFAIRS) WITH ANOTHER EMPHASIS ON REDEVELOPING THE HISTORIC SIDE OF TOWN - EXPLORING OPTIONS." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH SAID, "WEST SIDE INSTEAD OF HISTORIC." DEPUTY MAYOR McGINNIS NOTED, "OKAY." SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR McGINNIS ADDED, "I THINK YOU DID COVER THIS WHEN YOU SAID THE CITY WILL IDENTIFY OPPORTUNITIES AND METHODOLOGIES AND REDEVELOPMENT INITIATIVES." COMMISSIONER GILMORE COMMENTED, "I CAN SUPPORT THE DOCUMENT EXCEPT FOR THE ISSUE OF ACCESSORY DWELLINGS. I HAVE A FEAR THAT THE WAY THAT IS WRITTEN, WE ARE JUST OPENING A BIG DOOR, AND FIVE (5) YEARS FROM NOW - SOMEBODY SITTING UP HERE OR TEN (10) YEARS FROM NOW, SOMEBODY IS GOING TO SAY, 'HOW DID WE EVER LET THIS HAPPEN?' BECAUSE SURE ENOUGH RANDY (STEVENSON) AND HIS STAFF ARE GOING TO HAVE TO DEFEND SAYING 'NO'." MAYOR BUSH ASKED, "COMMISSIONER McGINNIS, YOUR MOTION IS ON THE ENTIRE DOCUMENT WITH THAT ONE (1) ADDITION?" DEPUTY MAYOR McGINNIS REPLIED, "YES, IT IS." "I WILL MAKE A MOTION THAT WE AMEND THE MOTION TO DELETE THE WORD - 'ACCESSORY HOUSING' FROM THE DOCUMENT." MAYOR BUSH ASKED, "DO YOU MEAN 'ACCESSORY DWELLING UNITS'?" COMMISSIONER MILLER REPLIED, "'ACCESSORY DWELLING UNITS' FROM THE DOCUMENT." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ~ ~ ~B" f::~ iifI ~L..... ~""il ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE70F9 MAYOR BUSH ASKED, "WHAT DOES THAT DO TO IT - TAKING IT OUT..." COMMISSIONER MILLER REPLIED, "...IT DOESN'T DO ANYTHING TO IT." MAYOR BUSH CONTINUED, "TAKING IT OUT?" COMMISSIONER MILLER SAID, "THEY CAN STILL COME AND SAY I WANT TO PUT UP AN ACCESSORY BUILDING AND YOU LOOK AT IT." MANAGER McLEMORE SAID, "WELL, YOU ARE NOT OPPOSING ATTACHED?" COMMISSIONER MILLER REMARKED, "NO, I AM NOT OPPOSING ATTACHED THAT IS ALREADY DEALT WITH IN THERE." COMMISSIONER MILLER CONTINUED, "IT SHOULD. BE 'ACCESSORY BUILDINGS AND ATTACHED UNITS'." COMMISSIONER MILLER ADDED, "WE WILL JUST LEAVE IT THE WAY IT IS; BUT RIGHT NOW, ATTACHED UNIT MEANS YOU HAVE A BREEZEWAY BETWEEN THE MAIN BUILDING AND YOU DON'T EVEN HAVE TO HAVE A DOOR IN THE MAIN BUILDING; IT IS JUST A BREEZEWAY." COMMISSIONER MILLER STATED, "I WILL MAKE AN AMENDMENT TO THE AMENDED MOTION THAT WE ALSO INCLUDE BREEZEWAYS - ATTACHED BUILDINGS." SECONDED. DISCUSSION. BOARD MEMBER KARR COMMENTED, "WHAT IF WE JUST DELETED ALLOWING ACCESSORY DWELLING UNITS TO BE CONSTRUCTED IN A SINGLE-F AMIL Y ZONING DISTRICT WITH STRICT GUIDELINES TO PROTECT THAT WHOLE PHRASE." COMMISSIONER GILMORE REMARKED, "I SUPPORT THAT." BOARD MEMBER KARR CONTINUED, "AND JUST SAY 'ALLOWING FOR 'COMMUNITIES FOR A LIFETIME', FOR 'ALLOWING FOR HOUSING THAT CONFORMS TO 'COMMUNITIES FOR A LIFETIME' STANDARDS." DEPUTY MAYOR McGINNIS COMMENTED, "NO." CHAIRMAN POE COMMENTED, "THE ISSUE THEN - YOU WOULD NOT BE ABLE TO BUILD ONE IN A SINGLE-FAMILY HOME, THAT'S WHAT THIS IS REALL Y OPENING. IT SAYS' ALLOWING ACCESSORY DWELLING UNITS TO BE CONSTRUCTED IN SINGLE-F AMIL Y ZONING DISTRICTS' WHICH RIGHT NOW IT IS NOT. SO, BY CHANGING IT TO THAT VERBIAGE YOU WOULD TOT ALL Y ELIMINATE SINGLE-F AMIL Y HOUSING." Deputy Mayor McGinnis stated, "Point of Order " and spoke on the Vote. COMMISSIONER MILLER STATED, "THE AMENDMENT IS TO INCLUDE ATTACHED DWELLINGS." DEPUTY MAYOR McGINNIS ASKED, "TO INCLUDE OR EXCLUDE?" COMMISSIONER MILLER REPLIED, "TO EXCLUDE ATTACHED ALSO." ~ ~ ~-" ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE80F9 MANAGER McLEMORE REMARKED, "BOTH?" COMMISSIONER MILLER SAID, "YES, BECAUSE RIGHT NOW - YOU CAN'T HA VE AN ACCESSORY BUILDING BECAUSE IT IS NOT ATTACHED TO THE MAIN UNIT, BUT YOU CAN APPROVE RIGHT NOW, AN ACCESSORY BUILDING IN WINTER SPRINGS AS LONG AS IT IS ATTACHED TO THE MAIN RESIDENCE." FURTHER DISCUSSION. MR. STEVENSON SAID, "AS I UNDERSTAND, JUST FOR MY CLARIFICATION - IF YOU EXCLUDE ATTACHED AND DETACHED, I CAN NO LONGER HAVE A GARAGE APARTMENT BECAUSE THAT'S ATTACHED, BUT YOU'VE JUST EXCLUDED IT. I CAN'T HAVE A GARAGE APARTMENT THAT I RENT SIMILAR TO WHAT IS GOING ON MAYBE, OR WHAT HAS GONE ON IN AVERY PARK." DISCUSSION ENSUED ON GARAGE APARTMENTS. MR. STEVENSON COMMENTED, "BUT AS I UNDERSTAND IT - IF THE AMENDMENT PASSES, AS YOU ARE PROPOSING, I CAN NO LONGER PUT A GARAGE APARTMENT ON MY RESIDENCE BECAUSE IT'S ATTACHED, BUT IT'S AN ACCESSORY DWELLING UNIT AT THAT POINT." COMMISSIONER MILLER REPLIED, "THAT WOULD BE CORRECT." VOTE: (ON THE AMENDMENT TO THE AMENDMENT) COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN : NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER GILMORE: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. ~ ~-r;;J :;,.~ ~ ~ ~.. ~~ ~,~ ~ -~-~ ~_._~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE 9 OF 9 REGARDING THE ORIGINAL MOTION, MAYOR BUSH STATED, "ACTUALLY IT WAS THE DOCUMENT THAT WAS PRESENTED, WE ADDED ON THE - REDEVELOPMENT ON THE WEST SIDE OF TOWN." DEPUTY MAYOR McGINNIS REMARKED, "TO EXPAND, YES." MAYOR BUSH ASKED, "THA T WAS REALLY THE ONLY ADDITION, RIGHT?" DEPUTY MAYOR McGINNIS REPLIED, "YES." VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER GILMORE: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 5:08 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC, CITY CLERK AND DANIELLE HARKER, ASSIST ANT TO THE CITY CLERK APPROVED: JOHN F. BUSH MA YOR NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. ~ ~ ~~ ~ ~ ~'\.,"'5 ~ ~ ~ t;;;,j CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING APRIL 23, 2007 CALL TO ORDER The Special Meeting of Monday, April 23, 2007 of the City Commission was called to Order by Mayor John F. Bush at 4:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, arrived at 4:01 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 4:43 p.m. A moment of silence preceded the Pledge of Allegiance. Commissioner Robert S. Miller arrived at 4:01 p.m. REGULAR AGENDA REGULAR 600. Community Development Department - Planning Division Requests That The City Commission And Local Planning Agency Review, Comment And Affirm The List Of Major Key Planning Issues To Be Included In A Letter Of Understanding With The Department Of Community Affairs (DCA). The Letter Will Request The DCA's (Department Of Community Affairs) Agreement To The Topics Selected As Their Guide In Reviewing Winter Springs' Evaluation And Appraisal Report (EAR) For Sufficiency. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department noted that some Planning and Zoning/Local Planning Agency Board Members were present. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE20F9 Mayor Bush commented, "Why don't you give us your name for the Record here." Chairman Bill Poe, Board Member Rosanne Karr, and Board Member Linda Tillis introduced themselves to the City Commission. Discussion ensued on the information in a Letter of Understanding with the State of Florida. Mayor Bush mentioned the first page on the list of issues, "Under elderly housing and medical care, it would be the second bullet and actually the last long sentence - the last two (2) lines it says, 'Or requiring a certain percentage of town homes and condominiums'. Why are we leaving out homes; just regular homes?" Ms. Sahlstrom commented, "I suppose that's a good point. We're not seeing a lot of development of single-family homes." Mayor Bush said, "So, it was not intentional to not put it in." Mayor Bush continued, "So, it should be added in?" Ms. Sahlstrom said, "We can add it in. Sure, it's something that we're going to explore, but we can add it in because we want to explore it for single-family homes as well." Regarding the elderly housing and medical care clause, Deputy Mayor Sally McGinnis suggested, "Percentage of dwellings, maybe." Ms. Sahlstrom suggested, "Perhaps we can just say a certain percentage of new residential development or something like that." Deputy Mayor McGinnis added, "I don't know if you could require private homes, but you could encourage - I don't know. That is an issue for our Attorney." Ms. Sahlstrom then suggested, "Perhaps we could just say a certain percentage of new residential development or something like that." Deputy Mayor McGinnis noted, "Right, that is good." Further discussion. Regarding heights of buildings and the Town Center project, Ms. Sahlstrom pointed out, "You did allow the Doran development to go higher, which is permitted under the Comp[rehensive] Plan. It was not permitted under the Code and that's why it was addressed in the Development Agreement to allow it to go to the six (6) stories - it was an exception to the Code - for Doran. The exception was for Doran." Furthermore, Ms. Sahlstrom stated, "The Comp[rehensive] Plan will allow up to six (6) stories, but because the Code only allowed four (4) stories, any deviation from that has to have your blessing as a Commission through a Development Agreement, so yes it is allowed, but only by your agreement." Regarding Development Agreements, Commissioner Donald A. Gilmore commented, "So, one allows, one says it has to come back to the Commission. What green space are we getting for allowing this?" Ms. Sahlstrom said, "These are things to explore, I don't have the answers to how we would accomplish these things or ifthey're even doable." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE30F9 With discussion, Commissioner Gilmore suggested, "I think those things need to be stated, that if somebody gives something, or if they want this, they have to give it in return." Discussion. Commissioner Rick Brown remarked, "I just wanted to be clear that the Comp[ rehensive] Plan states six (6) stories, but anything over four (4) has to come back before the Commission for approval." Ms. Sahlstrom replied, "Right." Commissioner Brown continued, "And it has to be documented as a Developer's Agreement and the Ordinance needs to be changed." Ms. Sahlstrom commented, "Right. A Developer has to follow the Code and if he - wants an exception from the Code, the only way to address that is either to change the Code or to have a Development Agreement. And that's why he has to come back to you to have that changed." Discussion followed on accessory buildings. Chairman Poe suggested, "Accessory dwelling attached units to be constructed in single-family zoning; that covers the individual homes. And then, and/or requiring, and again we haven't established that, a percentage of the town houses or condominiums; but attached, then clearly delineates that it has to be attached to a single-family unit." Commissioner Miller stated "That is fine." Discussion. Commissioner Brown remarked, "In our HOA (Homeowner's Association) Covenants, there is an article that deals with, I do not know the exact wording, but it pretty clearly states, one (1) family, one (1) home. Is there not something that can be or equivalent in City Code that can be added that says - 'Non-rent paying, family member dwelling' - whatever the wording - that accessory unit to being a non-rental facility." Mr. Randy Stevenson, ASLA, Director, Community Development Department stated, "So when we talk about Accessory Dwelling Units, I would like to - if the Commission desires at this point to allow the Staff to begin to go in and look at this on a broad base and see what is possible and what is feasible and we may come back as Eloise (Sahlstrom) said, and decide that we don't want some of these parameters or some of these items as they are linked to accessory dwellings, but at this point, I think we need to at least look at them when we are putting the EAR (Evaluation and Appraisal Report) together. " Further discussion. City Attorney Anthony A. Garganese arrived at 4:43 p.m. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE40F9 Chairman Poe commented, "I think Mr. McLemore summed it up fairly well for me and that is, is that they only go to six (6) floors, only if you say so. Period. End of report. I can't understand why they would not be able to provide another green space possibly not in the Town Center, but if they want to build a six (6) story building in the Town Center and they are required to give us some green space, they are just going to have to do it." Board Member Tillis stated, "So, if it's a concept that could work in a certain situation, it's not something that's just absolutely no way, no how; then I think we ought to leave it open to let us explore that option. I think we all recognize that there are going to be restrictions on it. It is not right for every place in the City, but there could be places where it works and we ought to make that option available. I don't want to see us get shut down on all these different concepts - but, certainly there are certain issues that just aren't going to work based on - what you guys understand the population to want. And we definitely don't want to waste our time on those." Board Member Karr remarked, "I agree with both Linda (Tillis) and Bill (Poe) here, that these are issues that we all agreed upon and I think it is just a basic outline - we want the DCA (Department of Community Affairs) to realize that these are concerns of ours that we are going to address in our Comprehensive Plan." Board Member Karr added, "I agree with everything that was presented in this packet." Deputy Mayor McGinnis noted, "I do too." Discussion ensued on the economic feasibility wording. Tape I/Side B Further discussion. Chairman Poe commented, "Randy (Stevenson), I think, alluded to it earlier that - we're submitting this to DCA (Department of Community Affairs). This is nothing more than a draft. This is a - what we think are going to be the major issues. But when we actually developed the EAR (Evaluation and Appraisal Report), these may not be in there, correct me ifI'm wrong, Eloise (Sahlstrom)." Ms. Sahlstrom said, "What we need to do is explore the options and evaluate them and that part needs to be in there, the evaluation." Ms. Sahlstrom continued, "But does not mean that we are endorsing that we are going to include this in our Code or in our Comp[rehensive] Plan - if it doesn't meet the evaluation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE 5 OF9 With further comments, City Manager Ronald W. McLemore asked, "Was any thought given at all to looking at the West side of town from a redevelopment perceptive and see what, if anything, we can do over there to try to help restore in that area and make it more sustainable for the future?" Ms. Sahlstrom replied, "That was not really addressed as one of the issues that we needed to be looking at. I mean, it is an issue that's important; it's something that we can look at independently, but it was not part of the discussion of this body, that I recall. Or - from the Public Workshop - it didn't come to the surface as one ofthe issues to further explore." Discussion. Manager McLemore suggested, "Maybe we could put a policy statement in the Comp[rehensive] Plan that says, we need to be flexible - because you can't solve these redevelopment problems in a straightjacket of a strict set of rules. You've got to have flexibility to work with - so, maybe as a Comp[rehensive] Plan policy, we should say at least that we would maintain the flexibility to employ appropriate strategies in the redevelopment area that would create sustainability, long-term sustainability - reviving and creating sustainability in that area." Chairman Poe asked, "Is that something that would have to go through this process here and go through DCA (Department of Community Affairs) and be part of the EAR (Evaluation and Appraisal Report)?" Manager McLemore said, "I think as a matter of policy it should be." Manager McLemore continued, "Just put it as a policy that you will do that." With further discussion, Attorney Garganese commented, "The issue whether it is worthy enough to explore. And the fact that not much thought has been given into it, this is an opportunity to put more thought into it, identifying it as an issue for further study. What comes out of it during the EAR (Evaluation and Appraisal Report) process is anybody's guess, but shouldn't some focus be given to a redevelopment issue that we have in certain areas of the City. There may be strategies that could be incorporated into the Comprehensive Plan, where ever they be; like Neighborhood Improvement Districts and things like that, that could go a long way to help revitalize parts of the City. The Manager is saying there should be further study." Mayor Bush asked the Local Planning Agency Members, "Do you agree? And if you do, I will ask the Commission to Vote on it." Chairman Poe said, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE60F9 Board Member Tillis commented, "My first reaction is I did notice that redevelopment initiatives were addressed under Affordable Workforce Housing - and maybe there is a way that we can bring that up under several different topics here instead of just localized there. But since we do have a Greene W ay Interchange District; we do have State Road 434 corridor, I don't object to setting that out as a separate item in this concept document; to be addressed separately. To look at what concepts, what strategies we can use to address that particular problem." Board Member Karr remarked, "I agree." "I MOVE THAT WE ADOPT THE LIST OF ISSUES - ON THE PLANNING DIVISION, THE LOCAL PLANNING AGENCY - WE AFFIRM THEIR LISTS OF MAJOR KEY PLANNING ISSUES TO BE SUBMITTED TO THE DCA (DEPARTMENT OF COMMUNITY AFFAIRS) WITH ANOTHER EMPHASIS ON REDEVELOPING THE HISTORIC SIDE OF TOWN - EXPLORING OPTIONS." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH SAID, "WEST SIDE INSTEAD OF HISTORIC." DEPUTY MAYOR McGINNIS NOTED, "OKAY." SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR McGINNIS ADDED, "I THINK YOU DID COVER THIS WHEN YOU SAID THE CITY WILL IDENTIFY OPPORTUNITIES AND METHODOLOGIES AND REDEVELOPMENT INITIATIVES." COMMISSIONER GILMORE COMMENTED, "I CAN SUPPORT THE DOCUMENT EXCEPT FOR THE ISSUE OF ACCESSORY DWELLINGS. I HAVE A FEAR THAT THE WAY THAT IS WRITTEN, WE ARE JUST OPENING A BIG DOOR, AND FIVE (5) YEARS FROM NOW - SOMEBODY SITTING UP HERE OR TEN (10) YEARS FROM NOW, SOMEBODY IS GOING TO SAY, 'HOW DID WE EVER LET THIS HAPPEN?' BECAUSE SURE ENOUGH RANDY (STEVENSON) AND HIS STAFF ARE GOING TO HAVE TO DEFEND SAYING 'NO'." MAYOR BUSH ASKED, "COMMISSIONER McGINNIS, YOUR MOTION IS ON THE ENTIRE DOCUMENT WITH THAT ONE (1) ADDITION?" DEPUTY MAYOR McGINNIS REPLIED, "YES, IT IS." "I WILL MAKE A MOTION THAT WE AMEND THE MOTION TO DELETE THE WORD - 'ACCESSORY HOUSING' FROM THE DOCUMENT." MAYOR BUSH ASKED, "DO YOU MEAN 'ACCESSORY DWELLING UNITS'?" COMMISSIONER MILLER REPLIED, "'ACCESSORY DWELLING UNITS' FROM THE DOCUMENT." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE70F9 MAYOR BUSH ASKED, "WHAT DOES THAT DO TO IT - TAKING IT OUT..." COMMISSIONER MILLER REPLIED, "...IT DOESN'T DO ANYTHING TO IT." MAYOR BUSH CONTINUED, "TAKING IT OUT?" COMMISSIONER MILLER SAID, "THEY CAN STILL COME AND SAY I WANT TO PUT UP AN ACCESSORY BUILDING AND YOU LOOK AT IT." MANAGER McLEMORE SAID, "WELL, YOU ARE NOT OPPOSING ATTACHED?" COMMISSIONER MILLER REMARKED, "NO, I AM NOT OPPOSING ATTACHED THAT IS ALREADY DEALT WITH IN THERE." COMMISSIONER MILLER CONTINUED, "IT SHOULD BE 'ACCESSORY BUILDINGS AND A TT ACHED UNITS'." COMMISSIONER MILLER ADDED, "WE WILL JUST LEAVE IT THE WAY IT IS; BUT RIGHT NOW, ATTACHED UNIT MEANS YOU HAVE A BREEZEWAY BETWEEN THE MAIN BUILDING AND YOU DON'T EVEN HAVE TO HAVE A DOOR IN THE MAIN BUILDING; IT IS JUST A BREEZEWAY." COMMISSIONER MILLER STATED, "I WILL MAKE AN AMENDMENT TO THE AMENDED MOTION THAT WE ALSO INCLUDE BREEZEWAYS - ATTACHED BUILDINGS." SECONDED. DISCUSSION. BOARD MEMBER KARR COMMENTED, "WHAT IF WE JUST DELETED ALLOWING ACCESSORY DWELLING UNITS TO BE CONSTRUCTED IN A SINGLE-FAMILY ZONING DISTRICT WITH STRICT GUIDELINES TO PROTECT THAT WHOLE PHRASE." COMMISSIONER GILMORE REMARKED, "I SUPPORT THAT." BOARD MEMBER KARR CONTINUED, "AND JUST SAY 'ALLOWING FOR 'COMMUNITIES FOR A LIFETIME', FOR 'ALLOWING FOR HOUSING THAT CONFORMS TO 'COMMUNITIES FOR A LIFETIME' STANDARDS." DEPUTY MAYOR McGINNIS COMMENTED, "NO." CHAIRMAN POE COMMENTED, "THE ISSUE THEN - YOU WOULD NOT BE ABLE TO BUILD ONE IN A SINGLE-FAMILY HOME, THAT'S WHAT THIS IS REALLY OPENING. IT SAYS' ALLOWING ACCESSORY DWELLING UNITS TO BE CONSTRUCTED IN SINGLE-FAMILY ZONING DISTRICTS' WHICH RIGHT NOW IT IS NOT. SO, BY CHANGING IT TO THAT VERBIAGE YOU WOULD TOTALLY ELIMINATE SINGLE-FAMILY HOUSING." Deputy Mayor McGinnis stated, "Point of Order " and spoke on the Vote. COMMISSIONER MILLER STATED, "THE AMENDMENT IS TO INCLUDE ATTACHED DWELLINGS." DEPUTY MAYOR McGINNIS ASKED, "TO INCLUDE OR EXCLUDE?" COMMISSIONER MILLER REPLIED, "TO EXCLUDE ATTACHED ALSO." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE 8 OF 9 MANAGER McLEMORE REMARKED, "BOTH?" COMMISSIONER MILLER SAID, "YES, BECAUSE RIGHT NOW - YOU CAN'T HAVE AN ACCESSORY BUILDING BECAUSE IT IS NOT ATTACHED TO THE MAIN UNIT, BUT YOU CAN APPROVE RIGHT NOW, AN ACCESSORY BUILDING IN WINTER SPRINGS AS LONG AS IT IS ATTACHED TO THE MAIN RESIDENCE." FURTHER DISCUSSION. MR. STEVENSON SAID, "AS I UNDERSTAND, JUST FOR MY CLARIFICATION - IF YOU EXCLUDE ATTACHED AND DETACHED, I CAN NO LONGER HAVE A GARAGE APARTMENT BECAUSE THAT'S ATTACHED, BUT YOU'VE JUST EXCLUDED IT. I CAN'T HAVE A GARAGE APARTMENT THAT I RENT SIMILAR TO WHAT IS GOING ON MAYBE, OR WHAT HAS GONE ON IN AVERY PARK." DISCUSSION ENSUED ON GARAGE APARTMENTS. MR. STEVENSON COMMENTED, "BUT AS I UNDERSTAND IT - IF THE AMENDMENT PASSES, AS YOU ARE PROPOSING, I CAN NO LONGER PUT A GARAGE APARTMENT ON MY RESIDENCE BECAUSE IT'S ATTACHED, BUT IT'S AN ACCESSORY DWELLING UNIT AT THAT POINT." COMMISSIONER MILLER REPLIED, "THAT WOULD BE CORRECT." VOTE: (ON THE AMENDMENT TO THE AMENDMENT) COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: NAY MAYORBUSH: NAY MOTION DID NOT CARRY. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER BROWN : NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER GILMORE: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - APRIL 23, 2007 PAGE 9 OF 9 REGARDING THE ORIGINAL MOTION, MAYOR BUSH STATED, "ACTUALLY IT WAS THE DOCUMENT THAT WAS PRESENTED, WE ADDED ON THE - REDEVELOPMENT ON THE WEST SIDE OF TOWN." DEPUTY MAYOR McGINNIS REMARKED, "TO EXPAND, YES." MAYOR BUSH ASKED, "THAT WAS REALLY THE ONLY ADDITION, RIGHT?" DEPUTY MAYOR McGINNIS REPLIED, "YES." VOTE: (ON THE ORIGINAL MOTION) COMMISSIONER GILMORE: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 5:08 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC, CITY CLERK AND ~~~~ DANI LLE HARKER, ASSISTANT TO THE CITY CLERK APPROVED: ~~ NOTE: These Minutes were approved at the May 14,2007 Regular City Commission Meeting.