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Home My WebLink About2014 03 05 Consent 300 Unapproved Minutes from the February 19, 2014 Regular(Rescheduled) Meeting �� CITY OF WINTER SPRINGS, FLORIDA �.;;�;;� MINUTES ��,.�� PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY �� REGULAR MEETING `�� FEBRUARY 19, 2014 �''�'"'�" (RESCHEDULED FROM FEBRUARY 5, 2014) "�� ..�, .� �-�,,-., ��:��3�� CALL TO ORDER The Regular Meeting of Wednesday, February 19, 2014 (Rescheduled from Wednesday, February 5, 2014) of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:37 p.m. by Chairperson William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson William H. Poe, present Vice-Chairperson Bob Henderson, present Board Member Howard Casman, present Board Member Bart Phillips, arrived at 5:38 p.m. Board Member Suzanne Walker, present Deputy City Clerk Sarah Hart, present Chairperson Poe led a silent invocation. This was followed by the Pledge of Allegiance. Board Member Bart Phillips arrived at S:38 p.m. REGULAR AGENDA- PART I REGULAR 600. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Chairperson For Calendar Year 2014. CHAIRPERSON POE STATED, "I PERSONALLY WOULD LIKE TO NOMINATE MR. BOB HENDERSON TO FILL THAT (CHAIRPERSON) POISITION. THAT BEING SAID, I WANT TO ASK MR. HENDERSON, `ARE YOU WILLING TO ACCEPT THAT RESPONSIBILITY IF IN FACT YOU ARE VOTED IN SIR'?" VICE-CHAIRPERSON BOB HENDERSON REPLIED, "YES." CONTINUING, CHAIRPERSON POE SAID, "MOTION TO APPOINT MR. HENDERSON AS CHAIRPERSON TO THAT SEAT EFFECTIVE AT THE NEXT MEETING." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ��.„ REGULAR MEETING-FEBRUARY 19,2013 �,... y,,. (RESCHEDULED FROM FEBRUARY 5,2014) ��"� PAGE 2 OF 8 -'�""' ;�ttsx:W.x�..�21a �p+�.!M MKa.q .u:,-:n':�,cr7 VOTE: ��'�'�� JP.;:'4a�,'l>,z:�� CHAIRMAN POE: AYE :��"" � n��rt:.xss�.. BOARD MEMBER CASMAN: AYE xx��'�� VICE-CHAIRPERSON HENDERSON: AYE �� '��'��' i�.�, BOARD MEMBER PHILLIPS: AYE - �=°�"°� BOARD MEMBER WALKER: AYE ��.� MOTION CARRIED. REGULAR 601. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Vice-Chairperson For Calendar Year 2014. CHAIRPERSON POE ASKED BOARD MEMBER HOWARD CASMAN, "WOULD YOU ACCEPT THE NOMINATION TO BE THE VICE- CHAIR[PERSON]?" MOTION BY CHAIRPERSON POE. RESPONDING, BOARD MEMBER CASMAN STATED, "YES, I WILL ACCEPT THAT." CONTINUING CHAIRPERSON POE SAID, "LET ME ADD TO THAT, THAT YOU ALSO WOULD TAKE THAT POSITION AT THE NEXT MEETING." SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON HENDERSON: AYE CHAIRPERSON POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) , PAGE 3 OF 8 '�''' " ' �a.==..�;..:� E....,:..,..,...�.. PUBLIC INPUT �"��F ' � ;��.�-,�.:�.._ �,,.z.�,;..-�p ��%:,.�-,�� 4_r.;.�;�� Chairperson Poe opened "Public Input". �;;;,�;;��,�,� �� No one addressed the Board Members. """"�� .;�..a �;.�,� �;::;��_..,.e� �...� .,.., Chairperson Poe closed "Public Input". `.0�`ilt:p� CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, December 4, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Chairperson Poe stated, "Do I have a Motion on the Consent Agenda?" "MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. 400. REPORTS No Reports were given. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) ¢;�„-, � PAGE 4 OF 8 4. � ,� ,+ry� ei� PUBLIC HEARINGS AGENDA ��=,�- �' �.�,�.,:,_„6-,r.� ¢,°' '�SS, a;,.;�� r PUBLIC HEARINGS �� "• . .�',=�;M..;•.� 500. Community Development Department—Planning Division ,;�;`��;ay�,� The Community Development Department — Planning Division Requests That The '�'�'�:"'�`"� Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To �"��'�# Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning ``'^�-�-�=: For Approximately 5.22 Acres, Generally Located North Of State Road 434, West Of Deleon Street As described Within Ordinances 2014-01 And 2014-02. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. There was brief discussion about the potential of the area being a high flood risk. Mr. Woodruff confirmed that, "There are no proposed residential units that you will remember in that location. It's strictly for the retention pond." Chairperson Poe opened "Public Input". Ms. Heather M. Himes, Akerman L.L.P., 420 South Orange Avenue, Florida: as the Attorney for the Applicant, Ms. Himes spoke in support of the staff recommendations. Chairperson Poe closed "Public Input". Chairperson Poe stated, "The Chair will entertain a Motion with regard to Item `500' as presented by Staff." "I WOULD MOVE TO APPROVE ORDINANCE 2014-01." MOTION BY VICE- CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) �..•.;� PAGE 5 OF 8 „�;,.;�P �._,_.'.�, Continuing, Chairperson Poe said, "The Chair will entertain a Motion with regard to the �a:;°;,�;�� other Staff recommendation." -::->>';:�� u:A�.�:�ti�� -��. "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-02." MOTION �`��' ;��;;;�.�� BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER -'"�'�°�' ;�� PHILLIPS. DISCUSSION. � -LL�' VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance 2014-03, Which Proposes To Annex One Parcel Totaling Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West Of State Road 419. Related to this Agenda Item, Mr. Woodruff presented his opening remarks on the Agenda Item as provided to the Members of the Board. Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". Chairperson Poe remarked, "The Chair will entertain a Motion with regard to Item `501' as presented by Staff." "I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 6 OF 8 ""Km"�� . �q �F`" ,f VOTE: e . „ -,� BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE ` = � BOARD MEMBER PHILLIPS: AYE � BOARD MEMBER WALKER: AYE �y� �-� VICE-CHAIRPERSON HENDERSON: AYE �� MOTION CARRIED. � � PUBLIC HEARINGS 502. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West State Road 419 As Described Within Ordinances 2014-04 And 2014-05. Mr. Woodruff presented the Agenda Item. There was brief discussion about the choice of`C-1' Zoning as opposed to `C-2' Zoning and Mr. Woodruff noted that the Developer, "Is not looking for a more intense type of commercial. He's going with the professional office so there's no need to go into the actual heavier commercial type of Uses." Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-04." MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE-CHAIRPERSON HENDERSON. DISCUSSION. VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE BOARD MEMBER PAILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY �nk��'°'Y-�,: REGULAR MEETING—FEBRUARY 19,2013 � (RESCHEDULED FROM FEBRUARY 5,2014) � - � PAGE 7 OF 8 .. . - "I WOULD LIKE TO MAKE THE MOTION FOR APPROVAL OF 2014-OS". � '" MOTION BY CHAIRPERSON POE. SECONDED BY BOARD MEMBER � . PHILLIPS. DISCUSSION. VOTE: " CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR AGENDA- PART II REGULAR 602. Not Used PUBLIC INPUT Chairperson Poe opened "Public Input Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: spoke about the Compatibility Ordinance and its affect on the Tuscawilla community and that a recent resident was granted a Permit for a front facing garage. Mr. Randy Stevenson, AICP, Director, Community Development Department explained to the Board Members that as a City we are unable to "Enforce Deed Restrictions or HOA (Homeowners Association) Restrictions. That has been the advice of our Attorney." Continuing, Mr. Stevenson said, "I'll go back to the Attorney's Office to see exactly what authority we do have. I can do that tomorrow or the first part of next week." Discussion ensued regarding homes that were denied Permits for front facing garages within the past five (5) years. Furthermore, Mr. Stevenson remarked that he will, "Talk to the City Attorney again. Please understand that several things work against us. One (1) is property rights. A lot of these are second and third owners and we also have a relatively new document called the Marketable Title Act which actually prevents, even if they could get the Votes, and again I am not an Attorney - my understanding and the way it has been explained to me is that the Marketable Title Act almost prevents going back in and putting in some of these older HOA (Homeowners Association) documents and Deed Restrictions because they don't want to have to trace it back. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ':�"��"""' ... .� REGULAR MEETING—FEBRUARY 19,2013 �� (RESCHEDULED FROM FEBRUARY 5,2014) , "'�""� PAGE 8 OF 8 . ,' "`' �`�`„,. . z At some point in time they want to arrive at a Marketable Title within a relatively few -,. number of years. But, I will explore all of that with the City Attorney again and probably `;. i:' '�` I'll report back to Don (Gilmore); I'll report to this body (Planning and Zoning ". �`; Board/Local Planning Agency) next month." �� . .� ._,� Dr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: speaking as the President of the Tuscawilla Homeowners Association, Dr. Johnson explained that the Tuscawilla Homeowners Association has spent money seeking legal advice to bring back Deed Restrictions and at this point they are relying on the City to help them maintain the integrity of their community. Chairperson Poe explained that the Planning and Zoning Board/Local Planning Agency is a recommending body to the City Commission and that the City Commission makes all final determinations. Concluding the discussion, Mr. Stevenson noted that, "We have been told in no uncertain terms by the Attorney that we cannot enforce Deed Restrictions." Chairperson Poe closed "Public Input". ADJOURNMENT Chairperson Poe adjourned the Regular Meeting at 6:12 p.m. RESPECTFULLY SUBMITTED: SARAH HART DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the ,2014 Planning And Zoning Board/Local Planning Agency Regular Meeting.