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HomeMy WebLinkAbout2012 04 04 Planning and Zoning Board/LPA Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING APRIL 4, 2012 CALL TO ORDER The Regular Meeting of Wednesday, April 4, 2012 of the Planning And Zoning Board/Local Planning Agency was called to Order at 7:00 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, absent Board Member Howard Casman,present Board Member Bart Phillips, present Board Member Helga Schwarz, absent A moment of silence preceded the Pledge of Allegiance. Chairman Poe stated, "I would like to move item `400' Reports until we tend to our other business to later in the Agenda. Are there any objections to moving Reports?" There were no objections voiced. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The February 1, Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-APRIL 4,2012 PAGE 2 OF 9 VOTE; BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used •• AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. ❖❖ PUBLIC INPUT No one spoke. 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 The Re-Approval Of A Conditional Use For Hayes Road Plaza, Located On The Southwest Corner Of The Intersection Of Hayes Road And SR (State Road) 434 To Allow A 24-Hour Convenience Store Without Gas Pumps In The C-1 (Neighborhood Commercial) Zoning District. Chairman Poe opened the "Public Input"portion of this Agenda Item. Mr. Bruce Myrick, Post Office Box 616278, Orlando, Florida: as a Real Estate Broker, Developer/Contractor and working on behalf of Mr. Kamil Gowni. Mr. Myrick mentioned that a six foot (6') concrete wall would be installed between the subdivision and the property. Chairman Poe closed the "Public Input"portion of this Agenda Item. Mr. Randy Woodruff, Senior Planner, Community Development Department presented this Agenda Item and displayed an Aerial view of the property. Mr. Woodruff stated, "We are recommending Approval for the Conditional Use for the Hayes Road Plaza permit." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-APRIL 4,2012 PAGE 3 OF 9 Board Member Howard Casman inquired if there was a crime report completed for this proposed twenty-four(24)hour convenience store. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "Our projects are reviewed by the Police Department in accordance with CPTED (Crime Prevention Through Environmental Design) standards and nothing to my knowledge was said about the twenty-four (24) hour store and its location along (State Road) 434 would increase crime in that area. At least that is what we hear from our Police Department and they sit on our DRC (Development Review Committee)." Continuing, Mr. Stevenson remarked, "They will also get another chance to review it once they review the Final Engineering. This is at the Conditional Use stage." Mr. Stevenson then added, "If you noticed on the Aerial, we do have a decel(eration) right turn lane here that was built on property that was required from the owner during their last round of approvals. We do have access to Hayes Road here; we have cross access to the Sunoco Station here. This is a right in, right out. This is a full left end, right in, right out. We also have further access over to this property which takes you to a signal right here that use to be where Papa Tony's (Restaurant) was at. So, you have three (3) points of access and none of them close to Hayes Road in terms of the intersection except for this area right here, which is located as far back from (State Road) 434 as we can get it on the property and we do have this decel(eration) storage lane which was recently installed." Discussion. Mr. Kamil Gowni, 1348 Valley Pine Drive, Apopka, Florida: spoke about the proposed twenty-four hour convenience store without gas pumps in the C-1 (Neighborhood Commercial) Zoning District and this proposed store would be a benefit to the City. Mr. Bruce Myrick, Post Office Box 616278, Orlando, Florida: spoke about the financing of this proposed property and economic conditions in previous years and stated, "That the property has been paid off in full." "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE RE-APPROVAL OF THE CONDITIONAL USE OF THE HAYES ROAD PLAZA." MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY CHAIRMAN POE. DISCUSSION. VOTE: BOARD MEMBER CASMAN: NAY BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE MOTION DID NOT CARRY. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-APRIL 4,2012 PAGE 4 OF 9 Board Member Casman remarked, "I would like to say that I am consistent. I just looked back when I was on the Board of Adjustment I also rejected this." Chairman Poe asked, "Your Vote stands?" Board Member Casman stated, "My Vote stands." Chairman Poe stated, "We are in a position now that the Motion Failed, however, we are nothing more than an recommending body, the final decision is always made by the City Commission. We are not the final deciders and — we've got to move on to Item `501'." Mr. Stevenson commented, "Also be aware — we will move forward with that, but the decel(eration) lane that you saw was built in 2009. Mr. Gowni donated the property for that for Impact Fee Credit to — a little over forty four thousand five hundred dollars ($44,500.00). So, that is in place at this point in time." PUBLIC HEARINGS 501. Community Development Department—Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For The Re-Approval Of An Aesthetic Review For Hayes Road Plaza, Located On The Southwest Corner Of The Intersection Of Hayes Road And SR (State Road) 434. Mr. Woodruff introduced this Agenda Item and stated, "The two (2) year timeframe lapsed similar to the case prior to us under the Conditional Use, and during our review last month we realized that we needed to come back before you for the Aesthetic Review." Mr. Woodruff remarked, "Staff has recommended Approval for the proposed re-approval of the aesthetic review package for this project." 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 AM GOING TO RECOMMEND APPROVAL OF STAFF'S RECOMMENDATION TO APPROVE THE AESTHETIC REVIEW." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER CASMAN: NAY BOARD MEMBER PHILLIPS: AYE MOTION DID NOT CARRY. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-APRIL 4,2012 PAGE 5 OF 9 PUBLIC HEARINGS 502. Community Development Department— Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For The Approval Of An Aesthetic Review For The Clubhouse Of Winter Springs Village, Located On Fanning Drive In Phase 1 Of Winter Springs Village. 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. Mr. Woodruff presented this Agenda Item and remarked, "Staff is recommending Approval for this Aesthetic Review package for the Clubhouse at Winter Springs Village." "I WILL RECOMMEND APPROVAL OF THE AESTHETIC REVIEW ON THE CLUBHOUSE OF WINTER SPRINGS VILLAGE LOCATED ON FANNING DRIVE IN PHASE I AS CIRCULATED BY STAFF." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Mr. Eric Bauer, 119 Shore Road, Winter Springs, Florida: spoke about Hayes Road and asked if the tanks were removed from the ground. Mr. Stevenson stated, "They put a tank in, but I don't think it was ever used. They also came in and put in a wall of a foundation. Both of those would be coming out of the ground if the project goes forward." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-APRIL 4,2012 PAGE 6 OF 9 •• AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .;..;. 400. REPORTS Chairman Poe spoke about the Planning and Zoning Board/Local Planning Agency presentation before the City Commission on April 23, 2012 and stated, "First are we all in Consensus on a number of items and, two (2) how do we want to do it?" Chairman Poe asked the Board Members, "Do you want just everybody to respond or just one (1) individual?" Board Member Bart Phillips remarked, "Unfortunately, I will be out of town." Board Member Casman commented, "I think we would have more impact if we had one (1) speaker, our Chairman who is articulate enough to maybe take some information from us as to what we want to say and put it all together." Chairman Poe commented, "I can do that. I have no problem doing that. Now, let me share with you - a couple of things. I feel that we need to take to the Commission and see if we have a Consensus on it." Continuing, Chairman Poe stated, "We were denied access to look at anything in the Town Center for years and years. Recently that decision was overturned and we were given access to look at the Town Center. Shortly thereafter, we were denied access to the GID (GreeneWay Interchange District). I am getting a mixed message here. I thought we were the Local Planning Agency for the City of Winter Springs not the City of Winter Springs minus the GID (GreeneWay Interchange District) or minus the Town Center. Is everybody in agreement with me that we need to articulate that if we are going to be the Planning and Zoning (Board)[/Local Planning Agency], we need to be the Planning and Zoning(Board/Local Planning Agency) for the entire City?" Board Member Phillips stated, "I agree." Board Member Casman replied, "Absolutely." Board Member Casman suggested, "In your conversation with the Commission, I would like you to have them understand that in a very positive way, how we feel about our City and our interaction with them." Chairman Poe remarked, "We have a very, very high quality Staff here. People that know and understand the Planning process, what is involved, what the requirements are, they know what the Code is; they know what the Comprehensive Plan is, but one of the things we do to these people is, we bring them in here in front of Staff along with Architects, Lawyers and Engineers, then we bring them back in front of us with Architects, Lawyers and Engineers and then we bring them in front of the DRC (Development Review Committee) — these Developers have to pay for all of that and I think it is unfair to the business owner who is trying to open a business here in the City of Winter Springs. We looked at the possibility of`Can we change that in any way that will entice these folks to bring their businesses here'." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—APRIL 4,2012 PAGE 7 OF 9 Continuing, Chairman Poe remarked, "I am of the belief that Randy (Stevenson) and his Department should have some degree of authority to ensure this business owner that he has a project that is going to happen here in the City of Winter Springs. It doesn't require any exceptions whatsoever. It meets the Code, it is right there in writing and Randy (Stevenson) ought to scratch his signature on it and the guy can build his building. That is my personal opinion." Chairman Poe stated, "The more deviations or variances that they have with their particular project, the more levels its got to go through. If he comes in with nine (9) Variances — it is then coming to Staff, to us, it would go to DRC (Development Review Committee) and the City Commission for Final Approval. That is a personal opinion." Board Member Casman stated, "In theory, I agree with you, but in principle, I don't think that because if we are going to say that that man complies with every written rule then Randy (Stevenson) — can sign off on it and this guy starts building the next day, then we might as well abolish the Planning and Zoning (Board/Local Planning Agency) and abolish the Commission or that division that would do that. There are other criteria sometimes that happens that makes people go against Staff approval." Furthermore, Board Member Phillips remarked, "I would say that if it is on the books and they come for Approval, they do not need to go through this board unless they need a Waiver or a Variance and that's what brings them in front of us. If they are coming to put in a building like this and everything fits the criteria that we as a City put in place, in writing, they don't need to see me. So, I agree with you." Chairman Poe inquired, "Why should we put that Developer through that kind of expense?" Board Member Casman commented, "The reason is that if there are 200 people sitting here against that project..." Chairman Poe stated, "...That is a different story." Board Member Casman then added, "They may meet every requirement, but the neighborhood the people most affected by whatever that construction is going to be, for some reason they have a problem with it, then they have one place to go." Tape I/Side B Chairman Poe remarked, "I would agree with you — I am going to make that presentation." Board Member Phillips commented, "This is really Staff's job. They know what they are doing. If there is something— or it is a Variance or judgment call where it is affecting a neighborhood that is when I like to put my two cents in. But when it comes down to a drainage pipe, and they put it in the right place — it is the Staff that is actually doing that job. And if you have good Staff, you rely on good Staff and we make the decision to go with them." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-APRIL 4,2012 PAGE 8 OF 9 With further discussion, Board Member Casman stated, "I have to reiterate what Bart (Phillips) said as far as the quality of our Staff and that is all the Staff and I applaud them, not because they are standing in front of me, but because that over the years,but if we use that for the criteria, then this meeting should not have happened tonight because they recommended and — they are going with that criteria that Staff is expert and they recommended, then we should have rubber stamped it and let it go with that. As long as it came to this board and as long as we have the responsibility — we should be able to exercise our conscientious." Chairman Poe remarked, "I totally agree with you." Board Member Phillips stated, "Tonight, the only thing that we should have been Voting on is because of a Conditional Use. Everything else should have been handled by Staff." Chairman Poe remarked, "I agree." Board Member Casman commented, "I can't really debate that. I think the major mistake that was made here tonight was they should have probably withdrawn their petition and asked to come back next month." Chairman Poe sated, "Or they can proceed to the City Commission with a disapproval from this board." Mr. Stevenson stated, "When we say Staff level review, our intent is to create a system that rewards people for meeting the Code. The greater degree to which they meet our Codes, the timelier approvals we can give them." Continuing, Mr. Stevenson said, "When we say Staff level approval though— DRC (Development Review Committee) at Staff level would be comprised of a number of directors; the City Manager, Public Works Director, myself, going back to what we talked about; Police Chief My Staff would make a presentation to that DRC (Development Review Committee), so they would be the individuals Voting to Approve or not approve these projects. So, it is a director level committee that would make up that DRC (Development Review Committee) to which Staff would present. Then, of course, if they get into a situation where they require a Variance or a Conditional Use — it is going to go to P&Z (Planning and Zoning Board/Local Planning Agency) and Commission because of the policies we currently have in place. There is still a great need for P&Z (Planning and Zoning Board/Local Planning Agency) and certainly Commission reviews as well. Further, Mr. Stevenson then added, "When we have a project that has been through Conceptual Review, Final Engineering, Aesthetic Review, I still have to bring Final Engineering back to the City Commission. It goes as a Consent item. I don't know in the seven (7) years that I have been asked a question on a Final Engineering Plan more than maybe once, but it cost another month of time." Continuing, Mr. Stevenson stated, "I have talked with several individuals and this DRC (Development Review Committee) — Staff level approval — would be made up of individuals who not only understand the Code and Staff is going to help us on that, but we also are aware of the political situations and if we get into a situation where we know it is a hot topic, we won't hesitate to take it up the chain of events, I assure you." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—APRIL 4,2012 PAGE 9 OF 9 Mr. Stevenson then added, "We are talking about where each level can be used to its fullest and still be a City where we can proceed in a timely manner with some of these developments especially the ones who meet our Code." Mr. Stevenson commented, "We are not looking to put everything at Staff level approval. Only those things that we feel comfortable with and maybe very few to begin with." Furthermore, Mr. Stevenson mentioned, "I would say this about your presentation, we are not going to be in a situation to have a `Yes' or `No' from the Commission that night — but we would want to bring it up for consideration if they choose to go forward with something like this. It is certainly something that would probably be a subject of a Workshop because it is more than we can accomplish in a single agenda Item in a regular meeting. In terms of your presentation, most of the boards are sitting down in front with as many members as they can and you can choose to have a single spokesman or multiple spokesman." Lastly, Mr. Stevenson commented, "An Agenda Item `102' from Monday night's meeting that talks about the awards that we are submitting for the John Nolan Award through Congress For The New Urbanism. It was done at a conservative estimate and savings to the City — seventy five thousand dollars ($75,000.00) — and I want to thank Staff and give credit where credit is due." ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 8:11 p.m. RESPECTFULLY SUBMITTED: JOAN ; WN DEPUTY CITY CLERK r APPRO . - :. Ilk 1' I /k . P r E, HA'MAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the May 2,2012 Planning And Zoning Board/Local Planning Agency