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HomeMy WebLinkAbout2010 02 03 Planning And Zoning Board/LPA Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 3, 2010 CALL TO ORDER The Regular Meeting of Wednesday, February 3, 2010 of the Planning And Zoning Board /Local Planning Agency 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, present 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 Requesting Approval Of The January 6, 2010 Regular Meeting Minutes. Chairman Lacey stated, "I did notice a misspelling — first line of Page 4. I would like a Motion to approve the Minutes with the correction of `bare' to `bear'." "I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 2 OF 10 VOTE: BOARD MEMBER KARR: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS Referencing the City Commission Workshop held on February 1, 2010, Chairman Lacey stated that he did not have the opportunity to present ideas related to the role of the Planning and Zoning Board/Local Planning Agency. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests The Planning & Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Ave.[nue], Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and spoke about the Rezoning of this property. An aerial photograph of the property was shown. Chairman Lacey asked, "Have any of the property owners expressed any objection ?" Ms. Sahlstrom answered, "I have not heard from any of them." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 3 OF 10 Chairman Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input " portion of the Agenda Item. "I WOULD LIKE TO MAKE THE MOTION THAT - BASED ON THIS PUBLIC HEARING FOR ORDINANCE 2010 -01, I MAKE THE RECOMMENDATION TO THE CITY COMMISSION TO CHANGE THE ZONING DESIGNATION FOR THE STATE ROAD 419 FRONTAGE WITH THE DEERSONG SUBDIVISION BETWEEN MOSS ROAD AND SHERRY AVENUE, EQUALING 3.5 ACRES MORE OR LESS FROM `C -1 NEIGHBORHOOD COMMERCIAL' TO WINTER SPRINGS `R -3 MULTIPLE FAMILY DWELLING ZONING DISTRICT'." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division Requests The Planning & Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. Ms. Sahlstrom introduced this Agenda Item and stated, "This is the second part — a two (2) part process." An aerial photograph of the property was shown next. Continuing, Ms. Sahlstrom explained, "What this Ordinance will allow — a covered screen room or a screen enclosure, either one to be built within this rear yard, as long as it maintains a three foot (3') minimum separation between the adjacent building which is on the property line and the new structure. Three foot (3') is the Fire Code." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 4 OF 10 Chairman Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input " portion of the Agenda Item. "I WOULD LIKE TO MOVE THE APPROVAL OF ITEM `501' AS PRESENTED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department — Planning Division Requests The Planning & Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -03, Amending The List Of Permitted, Conditional And Prohibited Uses In The I -1 Industrial Zoning District And Amending Certain Related Definitions In The Zoning Code. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented this Agenda Item and stated, "What this involves is a Text Amendment to the `I -1 (Industrial) Zoning District' that allows under the Permitted Uses, what is called Secondary Metal Recycling." Next, Mr. Stevenson noted that the property owner suggested adding language into the proposed Ordinance which would include the `Recycling of Non - Hazardous Materials'. Chairman Lacey asked, "These are changes in paragraph (10) that you are proposing ?" Mr. Stevenson responded, "We are adding to paragraph (10) and then — you will see in CHAPTER 20. ZONING ARTICLE I. DEFINITIONS, we have reworked the definition of `junkyard'." Continuing, Mr. Stevenson reiterated, "We would add as part of item (10), it would be Secondary Metal Recycling and `Recycling of Non - Hazardous Materials. That is where that language would go." Chairman Lacey noted, "The first line of paragraph (10) ?" Mr. Stevenson replied, "Would be modified. That is correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 5 OF 10 Discussion. Chairman Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO RECOMMEND APPROVAL OF ITEM `502' WITH THE CONDITION THAT THE `NON - HAZARDOUS MATERIALS' BE INCLUDED UNDER ITEM (10) AS PRESENTED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Office Of The City Attorney Requests The Planning & Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. Mr. Stevenson presented this Agenda Item and stated, "What we did not have the authorization to do and currently still do not and pursuant to the language in the (City) Code, is to waive the tree replacement credits or at the owner's option, a donation to the tree bank." Chairman Lacey asked, "Has the City Attorney opined as to whether he believes that our current Ordinance that requires tree bank contribution or replacement does constitute impediment under the Florida Statute ?" Mr. Stevenson replied, "Not specifically. He has followed through with a request to change the language." Mr. Stevenson referenced `CHAPTER 5. TREE PROTECTION AND PRESERVATION (b) Criteria.' and stated, "A Permit was issued under our current laws with the Criteria or the Condition that the tree replacements be made or pay into the tree bank. But, what we added in there, is that trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 6 OF 10 Staffs concern — and we tried to address that if this moves forward in a positive manner — our concern is that clotheslines are by name, mentioned in the Ordinance as a solar drying source." Under the proposed Ordinance, Mr. Stevenson referenced `(5) Waivers of replacement tree(s) specifications. (b) Renewable resource waivers. ' and responded, "At no time was a Permit denied to take these trees down. What we are talking about tonight is, do we want to move forward and use solar renewable devices as a Criteria by which we can remove trees and not mandate the replacement credits or any payments into the tree bank ?" Next, Chairman Lacey asked, "The Applicant under this scenario would pay the nominal fee that we charge for actually pulling the Permit ?" Mr. Stevenson replied, "Yes." Chairman Lacey then asked, "But not have to suffer the consequences of that tree removal." Mr. Stevenson stated, "Staff is concerned about the proliferation of and the administration of these particular types of Permits." Mr. Stevenson added, "The language would allow not only the issuance of the Permit, if it was justified, but it would allow no tree replacement requirements to be mandated. Staff is fine with the first part, obviously we issued the Permit. Where we have some concerns, is by allowing this to trigger no replacement trees." Discussion. Mr. Stevenson noted that, "I did write a letter to this gentleman after consulting with the City Attorney's office, and they at that point in time, felt like Staff's interpretation of State Law was correct." Next, Chairman Lacey asked, "The problem I have with this language is the clothesline inclusion. I understand it is there, because you are trying to conform to the State Law — but, what if we were to remove the clothesline reference from our Ordinance and then it is clear that if someone puts in an expensive solar collector where the benefits outweigh the cost of the trees..." Mr. Stevenson replied, "...More than three (3) years." Chairman Lacey then added, "If someone comes in and puts a clothesline up and makes that same claim, then they would have to make the case why State Law preempts our Ordinance, essentially, and make the case that the clothesline is a justifiable use for it and it would not be de -facto granted by our Ordinance. Do you think you or the Attorney would have a problem if we struck the clothesline language ?" Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — FEBRUARY 3, 2010 PAGE 7 OF 10 Chairman Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Lacey closed the "Public Input " portion of the Agenda Item. Tape 1 /Side B Next, Mr. Stevenson stated, "If we Approve the Ordinance as written and take out clotheslines, that means they can come in and put in a solar panel, take the trees out and not be bound to do the tree replacements. That is the way this Ordinance reads." Mr. Stevenson then clarified, "We are also including not just solar collectors for power generation, but we are also solar collectors for heating pools and anything of that nature." "I RECOMMEND APPROVAL OF THE ITEM AS PRESENTED WITH THE WORD 'CLOTHESLINE' REMOVED." "MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. CHAIRMAN LACEY REITERATED, "THE MOTION IS TO APPROVE THE ORDINANCE 2010 -04 IN ITEM `503' AS WRITTEN WITH ALL REFERENCES TO `CLOTHESLINES' REMOVED FROM THE PROPOSED ORDINANCE." MR. STEVENSON CLARIFIED, "THAT ALSO INCLUDES THE REQUIREMENT THAT THE APPLICANT CAN SUBMIT DETAILED TECHNICAL DOCUMENTATION INDICATING THE AMOUNT OF SUN EXPOSURE AND ALSO ACQUIESCES THAT THIS FACILITY WILL OPERATE A MINIMUM OF THREE (3) YEARS." CHAIRMAN LACEY STATED, "WHAT YOU JUST SAID IS IN THE ORDINANCE AS PRESENTED." MR. STEVENSON REPLIED, "THAT IS CORRECT." DISCUSSION. VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 8 OF 10 REGULAR AGENDA REGULAR 600. Community Development Department Presents To The Planning & Zoning Board (P & Z) A Request For Combined Preliminary And Final Engineering/Site Plan Approval For An Approximately 3,500 Square Foot (SF) Daycare Facility Within The R -3 (Multiple Family Dwelling) Zoning District. Ms. Sahlstrom presented this Agenda Item and stated, "The Applicant has met all the requirements of the (City) Code, and the only issue that is really still outstanding is the issue of a Wall, because the (City) Code requires a six foot (6') masonry wall. However, adjacent to the property is a vinyl fence, so the Applicant desires to extend the vinyl fence. What Staff is asking is that the P & Z (Planning and Zoning Board) recommend Approval of the facility subject to either the Applicant providing the masonry wall or receiving a Waiver to extend the vinyl fence." Mr. Stevenson stated, "If I might remind the Chairman and this Board — the Waiver will be coming back to you." Board Member Robert Heatwole inquired about the property behind the fence. Mr. John Herbert, Engineer, American Civil Engineering Company, 207 North Moss Road, Suite 211, Winter Springs, Florida: addressed the Board Members and stated, "That is an existing retention pond and privately owned and currently maintained by the City of Winter Springs." Ms. Renae Hamilton, 220 Oak Road, Winter Springs, Florida: spoke briefly about the project and fence concerns. Referencing the debris behind the fence to be cleaned up, Chairman Lacey asked, "Randy (Stevenson), could you pass the message related to the debris ?" Mr. Stevenson acknowledged this request. "I WOULD LIKE TO MAKE A MOTION RECOMMENDING THE APPROVAL OF THE 3,459 SQUARE FOOT DAY CARE FACILITY ON .49 ACRES LOCATED IN THE `R -3 ZONING DISTRICT' AS PRESENTED." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER HEATWOLE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE 9 OF 10 VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. Ms. Sahlstrom distributed a brochure entitled, "Temporary Signs" to the Board Members. Discussion ensued on the information received via email to the Board Members entitled "Board Comparison Between Cities — January 2010 ". Chairman Lacey asked, "If this Board made a formal request for this item to be on the Agenda — the first or second Meeting in March (2010), would Staff put us on the Agenda ?" Mr. Stevenson replied, "I would certainly talk to the City Manager and follow his direction. I think if you made that Request, I think he would probably honor it. I would request that it be in March (2010)." Continuing, Chairman Lacey asked, "That is when you do get to the point of discussing the BOA (Board of Adjustment) or the other Trails, whenever the Committees come onto the Agenda, that the Agenda Item be styled so as to talk about a request from the Planning and Zoning Board to address its mission." Mr. Stevenson replied, "We will be talking about that internally tomorrow." Next, Mr. Stevenson asked the Board Members if he could discuss some new occurrences. Chairman Lacey asked the Board Members if they had any objections. None were voiced. In other City business, Randy spoke of potential projects for the City and Town Center. ADJOURNMENT Chairman Lacey adjourned the Regular Meeting at 8:29 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — FEBRUARY 3, 2010 PAGE 10 OF 10 RESPECTFULLY SUBMITTED: r 41 1 , _.IbAN °I,. BR WN EPI31' .CITY CLERK APPPOV : C L ' ,' -< ERMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the June 9, 2010 Planning And Zoning Board/Local Planning Agency Regular Meeting.