Loading...
HomeMy WebLinkAbout2010 09 01 Planning and Zoning Board/LPA Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING SEPTEMBER 1, 2010 CALL TO ORDER The Regular Meeting of Wednesday, September 1, 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 Howard Casman, present Board Member Rosanne Karr, present Board Member Bart Phillips, 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 July 14, 2010 (Rescheduled From July 7, 2010) Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES" (JULY 14, 2010 [RESCHEDULED FROM JULY 7, 2010]). MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE CHAIRMAN POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 2 OF 7 VOTE: BOARD MEMBER KARR: AYE CHAIRMAN LACEY: AYE BOARD MEMBER PHILLIPS: NAY BOARD MEMBER CASMAN: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS Regarding the proposed Jetta Point property, Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members and stated, "This is part of the property that was subject to the Settlement Agreement from 1990 — governing part of the property — westernmost twenty -five percent (25 %) of Jetta Point Park." Next, the Permitted Commercial Uses of the Tuscawilla Planned Unit Development was shown. Chairman Lacey asked, "If we didn't touch the Settlement Agreement and all we did was rescind the Text Amendment, where would that leave us ?" Mr. Stevenson replied, "The property is Zoned — the Settlement Agreement only entails this westernmost twenty -five percent (25 %) of the property." Continuing, Mr. Stevenson added, "You would delete the ability for a recreational facility to be in the C-1." Discussion. PUBLIC INPUT Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke about the Text Amendment and Permitted Uses for the Jetta Point Park property and noted she was in favor of Agenda Item "500 ". CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 3 OF 7 Mr. Mike Demaree, 121 Lido Road, Winter Springs, Florida: addressed the Board Members and said he supported Agenda Item "501". In summary, Mr. Stevenson stated, "We do want to do the Text Amendment and if we do the Text Amendment to take the Park out as a Permitted Use and not put it back in." In regard to the variety of Uses contained in the Settlement Agreement from 1990, Mr. Stevenson suggested, "We probably need to look at trying to correct some of that at this point in time as well, at least for this part of Parcel 15." Chairman Lacey asked, "If there is Consensus here, we can send Randy (Stevenson) with some direction on which way he is supposed to go. Is there any objection to the plan that he has laid out ?" With discussion, Vice Chairman William H. Poe stated, "You have Consensus on my part." There were no objections voiced. Mr. Stevenson said he would provide an update at the next Planning and Zoning Board/Local Planning Agency Meeting. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2010 -21, Which Revises The Administrative Procedural Portions Of The City Code To Expressly Require And Authorize The Planning And Zoning Board To Review And Make Advisory Recommendations On Development Applications In The Town Center. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and stated, "The Commission directed the Attorney to prepare this Ordinance to include this Board for any Applications related to the Town Center — currently, Aesthetic Review proposals do not go to you for any development in the City; however, given that that would also be an Application in the Town Center, they will also go to you for the Aesthetic Review." Continuing, Ms. Sahlstrom added, "This is planned to go forward to the City Commission. They already did a First Reading on it to see if they were inclined the way the Ordinance was written and if they wanted to go ahead and have it come to this Board in that format, and they did. It is scheduled to go to Second Reading for Adoption on September 13 (2010). It is my understanding from the City Attorney that once it is Adopted, it will be effective immediately." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 4 OF 7 Chairman Lacey commented, "This is part one (1) of a two (2) step process after this is done, then we move on to a broader area of process improvement that speaks to delegating some authority to Staff, higher levels of delegation to the Planning and Zoning Board[ /Local Planning Agency] and then finally the City Commission; only getting involved when some threshold degree is changed and the whole point of that is to make it more business friendly to our customers." 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. "I RECOMMEND APPROVAL OF (AGENDA) ITEM `500' AS PRESENTED." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN LACEY: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER PHILLIPS: 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 2010 -08, Amending The Code To Allow Accessory Dwelling Units (ADUs) As A Conditional Use In Single Family Zoning Districts Subject To Certain Criteria. Ms. Sahlstrom introduced this Agenda Item and presented a PowerPoint presentation related to Accessory Dwelling Units. As the Comprehensive Plan provides direction regarding Accessory Dwelling Units, Ms. Sahlstrom stated, "It says that they will be allowed as Conditional Use in single family dwelling districts and subject to strict design compatibility standards, and these standards are to be determined and Codified into the City's Code." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — SEPTEMBER 1, 2010 PAGE 5 OF 7 Continuing, Ms. Sahlstrom added, "That is the whole objective for this Agenda Item tonight is to have a discussion and to move hopefully forward with implementing this directive and by understanding better what type of standards everyone would like to see related to the implementation of Accessory Dwelling Units." Discussion. Chairman Lacey asked Ms. Sahlstrom, "Can you comment on the enforceability on the two (2) items that I think are important; no separate utility meter and the owner residency requirement. Can we guarantee those ?" Ms. Sahlstrom replied, "The Attorney is actually investigating a little bit further the idea of the Deed Restriction. Now according to the Agenda Item, I listed several items that would be in the Deed Restriction that the ADU (Accessory Dwelling Unit) could not be sold separately, that it is restricted to the Approved size, that the Use Permit should only be in effect so long as the principal residents or the ADU (Accessory Dwelling Unit) is occupied by the owner of Record and that the Declarations are binding upon any successor in ownership of the property and that if they should lapse or be in violation, then the Accessory Unit would have to be removed." Lastly, Ms. Sahlstrom added, "The Attorney is looking into what can legally be required and how you can go about doing that." Chairman Lacey stated, "The owner occupied requirement is an important one that before we could move forward on it, I want to be assured that that is in place and enforceable." Discussion ensued on height restrictions and lot sizes. Regarding Planned Unit Developments (PUD) lot sizes, Ms. Sahlstrom stated, "I believe those lots for the most part are smaller than five thousand (5,000) square feet. I probably need to verify that." Next discussed were issues with Parking spaces. Tape 1 /Side B Chairman Lacey asked, "The determination from the Attorney's Office, do you expect to have that concrete before it goes to the Commission ?" Ms. Sahlstrom replied, "Yes." Chairman Lacey added, "Whether our recommendation is one way or another ?" Ms. Sahlstrom said, "Right." Discussion. Mr. Stevenson pointed out, "Since these would be Conditional Uses, the adjacent property owners would be Notified." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - SEPTEMBER 1, 2010 PAGE 6 OF 7 With further discussion, Chairman Lacey stated, "I think they do require that they be in conformance with HOA (Homeowner's Association) Covenants ?" Ms. Sahlstrom agreed and said, "Yes." Continuing, Ms. Sahlstrom explained, "If the HOA (Homeowner's Association) Covenants restricts it and won't allow it, then it can not be permitted as a Conditional Use by the City. The HOA's (Homeowner's Association) overrule." 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. "I RECOMMEND APPROVAL OF ITEM `501' WITH THE RESTRICTIONS THAT WE HAVE PLACED UPON, OWNER OCCUPIED, AS WELL AS THE PARKING AND ALL THE OTHER CONCERNS AND ANY OTHER LEGAL ISSUES THAT MIGHT BE BROUGHT TO US BY THE CITY ATTORNEY." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER CASMAN: NAY MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. Next, Ms. Sahlstrom addressed the Board Members regarding an additional Meeting date in September to discuss upcoming projects. Board Member Howard Casman indicated, "I have no problem with the 15 (September 2010) or the 22 (September 2010)." Board Member Rosanne Karr added, "That is fine." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — SEPTEMBER 1, 2010 PAGE 7 OF 7 Chairman Lacey asked Ms. Sahlstrom, "Do you think you would be ready with any of these ?" Ms. Sahlstrom responded, "The 22 or the 23 (September 2010) would be a better date to give more lead time." Chairman Lacey asked the Board Members, "Is there any objection to the 22 (September 2010) ?" Vice Chairman Poe replied, "None here." There were no objections voiced. Chairman Lacey stated, "It is my intention to resign from Planning and Zoning (Board/Local Planning Agency) effective my Appointment for my replacement being Appointed — depending on the time of that I may or may not be here for the Meeting on the 22 (September 2010)." Next, Chairman Lacey stated, "I just wanted to let everyone know first of all, thank you for working with me and your confidence in making me your Chairman." ADJOURNMENT Chairman Lacey adjourned the Regular Meeting at 8:02 p.m. RESPECTFULLY SUBMITTED: JO • L. BRO PUTY CITY CLERK APPROVED: L f C • '.. ,E$ T r "0 AIRMAN PLAI II�K =, A r NING BOARD /LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the October 13, 2010 Planning And Zoning Board/Local Planning Agency Regular Meeting.