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Home My WebLink About2011 12 07 Planning and Zoning Board/LPA Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING DECEMBER 7, 2011 CALL TO ORDER The Regular Meeting of Wednesday, December 7, 2011 of the Planning And Zoning Board /Local Planning Agency was called to Order at 7:01 p.m. by Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, present Vice Chairperson Rosanne Karr, present Board Member Howard Casman, present Board Member Bart Phillips, present Board Member Helga Schwarz, present Assistant City Attorney Kate Latorre, 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 November 2, 2011 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I WILL MAKE THE MOTION THAT WE APPROVE THE MINUTES AS CIRCULATED." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 7, 2011 PAGE 2 OF 8 VOTE: BOARD MEMBER SCHWARZ: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used 400. REPORTS Chairman Poe noted that, "In January — at our meeting, we will have Elections again." PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests That The Planning And Zoning Board Hold A Public Hearing And Consider Ordinance 2011 -15, Which Revises Chapter 16, Signs And Advertising, Of The City's Code Of Ordinances. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department to the Board Members. Mr. Howell then presented this Agenda Item and stated, "Staff recommends Approval." Chairman Poe suggested changes to Page 4, under DIVISION 2. STANDARDS, Section. 16 -87. Banners. (b) Residential Property. to read, "A maximum of one (1) on- premises banner sign may 'be' erected on property zoned residential provided the banner does not exceed twenty -four (24) square feet and is not erected for more than three (3) calendar days during `any one' calendar year." Mr. Howell commented, "That is existing Code language, but we can change that." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 7, 2011 PAGE 3 OF 8 Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained to the Board Members about the criteria and provisions in the City Code. Next, Board Member Helga Schwarz suggested a language change in the third paragraph of the Ordinance that stated, "current economic climate" and to add language that would be suitable for a more general economic climate. Board Member Schwarz then suggested that under "Sec. 16 -60. Supplemental temporary sign requirements. (a), al" of Page 2 of the Ordinance and referenced temporary signs on common areas of a residential subdivision that is maintained by a homeowner's association and inquired if signs could be placed on right -of -ways if someone has a permit. Referencing DIVISION 2. STANDARDS, Section. 16 -87. Banners., Board Member Schwarz referenced the language, "In addition, for bona fide grand openings of a new business, the new business shall be permitted to have one additional banner for a maximum period of time of thirty (30) calendar days." Board Member Schwarz inquired, "I don't understand why that kind of language is not under `balloons' where we are talking about grand openings." Next, Board Member Schwarz mentioned concerns about height requirements for balloons. Discussion. Board Member Howard Casman suggested postponing Approval of this Ordinance until it is rewritten. Mr. Stevenson spoke about adding language to clarify concerns and commented, "I would like to the greatest extent possible to work out any language changes you wish tonight that we could move forward with because a lot of businesses are really waiting for this language to go into effect so that it can help them." Discussion ensued on temporary signs. Assistant City Attorney Kate Latorre stated, "The temporary sign definition is not going to include specific types of signs, because then we get into a speech regulation and what the sign says. So, we keep it general and it would include garage sales, and it would include open house or any other sign — with this provision, and I believe Staff wanted to clarify that our Code presently does not prohibit this type of sign and this type of location and by putting this in, we are not saying its permitted, we are just saying that this regulation is not meant to prohibit it. As the Ordinance is right now, arguably you can put these temporary signs in the common property if you have the HOA's (Homeowner's Association) permission. I think this is a clarification for interpretation purposes because of types of questions that Staff has been fielding. Is that a fair statement ?" Mr. Stevenson commented, "Yes." Assistant City Attorney Latorre then added, "It is not really allowing anything new — it's clarifying that it is not prohibited by the City's Code." Continuing, Assistant City Attorney Latorre commented, "Balloon signs have their own regulations. So, they would fall under the more specific regulation." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 7, 2011 PAGE 4 OF 8 Referencing the grand openings, Mr. Stevenson stated, "We realized that we had a number of businesses that had been struggling, and one of our intents and we may actually add this into the language was to allow the grand opening allowance, if you will, the grand opening event to be placed or utilized by businesses that have been in business for no longer than — two (2) years, so we could go back to some of those businesses that still may be struggling at this time, and allow them to benefit a grand opening — their business can not only survive but begin to thrive in the economic times." Board Member Howard Casman suggested that businesses be permitted to display balloons twice a year. Mr. Stevenson stated, "That is something that we can talk about and if that is the wishes of this Board, we can look at that." Discussion. "I MAKE A MOTION TO RECOMMEND TO THE CITY COMMISSION TO HOLD A PUBLIC HEARING ON ORDINANCE 2011 -15 WHICH REVISES CHAPTER 16, SIGNS AND ADVERTISING OF THE CITY'S CODE OF ORDINANCES WITH THE OUTLINE CHANGES SPECIFIED BY STAFF WHICH SHOULD BE A PART OF THIS PUBLIC RECORD SO THAT THE COMMISSION CAN UNDERSTAND THE CONCERNS OF THIS BODY OR BOARD AND THAT THE INTENT OF THE ORDINANCE IS IN FULL SUPPORT OF THE BUSINESSES OF WINTER SPRINGS." MOTION BY BOARD MEMBER SCHWARZ. CHAIRMAN POE STATED, "WOULD YOU ADD TO THAT THE GRAMMATICAL CORRECTIONS." BOARD MEMBER SCHWARZ ADDED, "INCLUDING ANY GRAMMATICAL CORRECTIONS WITHIN THE ORDINANCE, ANY AND ALL." SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER SCHWARZ: AYE MOTION CARRIED. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input " portion of this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 7, 2011 PAGE 5 OF 8 PUBLIC HEARINGS 501. Community Development Department — Planning Division Requests That The Planning And Zoning Board Hold A Public Hearing And Consider Ordinance 2011 -16, Which Revises Section 5 -2. Intent And Purpose, Section 5 -3. Definitions, Section 5 -4. Permit Required For Tree Removal And Land Clearing; Separate Violations; Criteria; Contractor Permit Required, Section 5 -6. Permit Application, Section 5 -8. Specimen Or Historic Trees, Section 5 -9. Tree Replacement Guidelines, Section 5 -10. Prohibitions, And Section 5 -16. Waivers; Incentive Program And Appeals Of Chapter 5 Tree Protection And Preservation, Ordinance 2002 -08. Ms. Stephanie Wolfe, Water Conservation Coordinator and City Arborist, Public Works Department/Community Development Department presented this Agenda Item. Chairman Poe referenced "City Arborist" and "City Forester" and asked, "Are we dealing with two (2) different people — or is it one (1) in the same ?" Ms. Wolfe stated, "It is one (1) in the same and — it was existing language that we did not revise." Chairman Poe suggested, "That needs to be changed — where it is consistent all the way through." Referencing, Sec. 5 -3. Definitions., w) Tree., Vice Chairperson Karr pointed out a spelling correction that should read, "four (4)" and not "fourt (4) ". On Page 4 in TABLE 1. TREE REPLACEMENT STANDARDS, " Preffered" should read "Preferred ". Ms. Wolfe commented, "That should be changed." Assistant City Attorney Latorre stated, "One other change to that subparagraph `w)' while we are there, and for some reason, the final draft of the Ordinance did not make it into the packet. Stephanie (Wolfe) wanted to strike the words `of species' in the first line of 'w) " Discussion ensued on replacement trees. Also, referencing Sec. 5 -3. Definitions., w) Tree., Board Member Schwarz suggested deleting the language, "which have a trunk ". Ms. Wolfe remarked, "Yes. That would make sense." Continuing, Board Member Schwarz asked, "Define structure. I do not have a definition of structure." Ms. Wolfe commented, "We do not have a definition of a structure. We interpret it as — a house, a garage, potentially a sidewalk." Board Member Schwarz stated, "So, sidewalk and driveway and an out building would be considered other improvement ?" Ms. Wolfe replied, "Yes." Board Member Schwarz then added, "And that is defined ?" Ms. Wolfe remarked, "That is not defined." Board Member Schwarz stated, "I just want to ensure that when we are talking about `within ten (10) feet' it includes sidewalks, driveways. CITY OF WINTER SPRINGS, FLORIDA • MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — DECEMBER 7, 2011 PAGE 6 OF 8 If there is damage that could potentially cause a homeowner — on their particular walkways around their house — it needs to be reviewed in that light and not just damage to the house. It should include it." Ms. Wolfe replied, "Okay." Discussion. Mr. Stevenson remarked, "I would really prefer to leave the term `trunk' because diameter breast height essentially is measured up on the trunk and it has traditionally been — about four and a half feet (4 '/2'). We get into multi trunk trees of this nature, I personally think and I will certainly will defer to the wishes of the board, but I think that leaving the term `trunk' there does have more meaning then maybe if we just say `DBH' (diameter breast height) if we get into some of these multi trunk trees, we may have some trouble determining the measuring — I would advocate — that we leave the term `trunk' in [Sec. 5 -3. Definitions.] w) [Tree]." With further discussion, Ms. Wolfe suggested, "I would change `e)' to say, `DBH. Diameter at breast height." Board Member Schwarz commented, "I will rescind my revision to item w)." Discussion. Tape 1 /Side B Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I RECOMMEND THAT BASED ON OUR PUBLIC HEARING TONIGHT, THE PLANNING AND ZONING BOARD[ /LOCAL PLANNING AGENCY] FOR THIS RECOMMENDATION FOR APPROVAL TO THE CITY COMMISSION FOR ORDINANCE 2011 -16 WHICH REVISES SECTION 5 -2. INTENT AND PURPOSE, SECTION 5 -3. DEFINITIONS, SECTION 5 -4. PERMIT REQUIRED FOR TREE REMOVAL AND LAND CLEARING; SEPARATE VIOLATIONS; CRITERIA; CONTRACTOR PERMIT REQUIRED, SECTION 5 -6. PERMIT APPLICATION, SECTION 5 -8. SPECIMEN OR HISTORIC TREES, SECTION 5- 9. TREE REPLACEMENT GUIDELINES, SECTION 5 -10. PROHIBITIONS, AND SECTION 5 -16. WAIVERS, INCENTIVE PROGRAM AND APPEALS OF CHAPTER 5 TREE PROTECTION AND PRESERVATION, ORDINANCE 2002- 08 OF THE CITY'S CODE OF ORDINANCES." MOTION BY VICE CHAIRPERSON KARR. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 7, 2011 PAGE 7 OF 8 CHAIRMAN POE ASKED, "DOES THAT INCLUDE THE GRAMMATICAL CORRECTIONS THAT WERE BROUGHT UP THIS EVENING? VICE CHAIRPERSON KARR STATED, "YES, I WOULD LIKE TO INCLUDE THAT IN MY MOTION." SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. BOARD MEMBER SCHWARZ STATED, "I WANTED TO AMEND IT TO INCLUDE ALL THE CHANGES WE MADE AND TO LOOK INTO WHAT STRUCTURE MEANS AND ONCE THEY HAVE THAT CLARIFIED THEN..." CHAIRMAN POE STATED, "...BEFORE WE AMEND THE MOTION, WE HAVE A MOTION AND A SECOND. WE HAVE TO DEAL WITH THE MOTION THAT IS ON THE FLOOR." NOTE: No action was taken on the Amendment. VOTE: BOARD MEMBER PHILLIPS: AYE VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER SCHWARZ: NAY BOARD MEMBER CASMAN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT No one addressed the Board. In other business, Mr. Stevenson stated, "The long awaited revision to the Town Center Code and pursuant to the direction of the City Commission and the Workshop that was held on August 1 (2011), we are modifying what was a street based Code to now make it a Transect based Code. Staff has made great strides." Continuing, Mr. Stevenson remarked, "We have looked up a lot of suggestions in trying to account for as much as we can the division of the Town Center into different Transects. Three (3) of them to be specific T3 [Suburban], T4 [General Urban] and T5 [Urban Center]." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — DECEMBER 7, 2011 PAGE 8 OF 8 Mr. Stevenson mentioned that, "We are shooting to get that language and that modification back to this Board in February (2012). We will try — to get the Agenda Item to you early, so that the Board will have a longer time to review because it is a fairly comprehensive document." Mr. Stevenson remarked, "Our intent is to then get that to the Commission with your recommendations for two (2) Public Hearings, one (1) the last meeting in February (2012) and hopefully the final Public Hearing and Adoption, the first meeting in March (2012). ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 7:55 p.m. RESPECTFULLY SUBMITTED: v , i► lki L. BliOWN EPIJTY CITY CLERK APPROVED: '. ,0LV /;/42 WILL • . POE, CHAIRMAN PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the February 1, 2012 Planning And Zoning Board /Local Planning Agency