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Home My WebLink About2014 06 04 Planning and Zoning Board/LPA Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 4, 2014 CALL TO ORDER The Regular Meeting of Wednesday, June 4, 2014 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:00 p.m. by Chairperson Bob Henderson in the Commission Chambers of the Municipal Building(City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Bob Henderson,present Vice-Chairperson Howard Casman,present Board Member William H. Poe, present Board Member Bart Phillips, present Board Member Suzanne Walker, absent Senior Attorney Kimberly R. Kopp, arrived at 5:32 p.m. Deputy City Clerk Sarah Hart, present Chairperson Henderson led a silent Invocation followed by the Pledge of Allegiance. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 4,2014 PAGE 2 OF 10 CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, May 7, 2014 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "MOTION TO APPROVE THE MINUTES AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE-CHAIRPERSON CASMAN. DISCUSSION. VOTE: CHAIRPERSON HENDERSON: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER POE: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. Senior Attorney Kimberly R. Kopp arrived at 5:32 p.m. 400. REPORTS No Reports were given. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Consider A Conditional Use Request For Creative Inspiration Journey School, Which Is Proposed To Be Located At 780 East State Road 434. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item. Chairperson Henderson inquired about the number of parking spaces that would be available at the facility for staff. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 4,2014 PAGE 3 OF 10 Ms. Patricia Marquis, 1123 Seafarer Lane, Winter Springs, Florida: speaking for Creative Inspiration Journey School explained that there were fifty-five (55) parking spaces and that there would be no more than twenty (20) staff members on the premises at one time. Discussion ensued regarding Cross Access Easements. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained that, "The other Uses that have been in there have utilized those Easements as well." Board Member William H. Poe asked how many of the children would be in day care. Ms. Marquis responded, "The majority of them are going to be in day care. We're going to have a full day kindergarten program that you are talking maybe twenty-four (24) kids will be a part of Most of them will actually be day care." Furthermore, Board Member Poe expressed concern that all of the schools in a five (5) mile radius are under enrolled and whether it was necessary to have another school. Ms. Marquis responded, "It is more of a private school, upscale curriculum. The curriculum that we are bringing to the area is from Reggio Emilia, Italy." Ms. Marquis distributed a brochure to all Board Members which details the curriculum and confirmed that the school would be open to students with disabilities and students from families of low income. Discussion ensued on whether the school would have to pay ad valorem taxes or would receive a tax break. Mr. Stevenson pointed out, "We're unsure at this point, at least I am, as to whether or not that tax break applies only to the building and its Use. But possibly may not apply to the property itself We are in the process of researching that. But, as Bobby (Howell) said, the facility and please correct me if I'm wrong, they have to operate for one (1) year before they can even apply for tax exempt status which is usually another year, and at that point obviously we would have a pilot program in place that we've discussed, to again offset the cost to the City for services to this facility. But again, I want to research a little bit more." "I RECOMMEND WE APPROVE THE CONDITIONAL USE PERMIT FOR CREATIVE INSPIRATION JOURNEY SCHOOL AND FORWARD SAID RECOMMENDATION TO THE CITY COMMISSION." MOTION BY VICE- CHAIRPERSON CASMAN. SECONDED BY CHAIRPERSON HENDERSON. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 4,2014 PAGE 4 OF 10 VOTE: BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER POE: AYE CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Consider Ordinance 2014-14*, Which Proposes To Amend The City's Regulations Regarding Off-Premises Signs, Commonly Referred To As Billboards And Electronic Message Centers. Note: This Ordinance should have been listed as Ordinance 2014-13 Mr. Howell explained that this Ordinance deals with both billboards and electronic message centers, and presented the billboard aspect of the Ordinance. Mr. Stevenson advised the Board that, "We are not talking about any additional billboard. It's still just the two (2) that are on (U.S. Highway) 17/92." Further comments. Mr. Steve Richart, Urban Beautification Division Services, Community Development Department presented the electronic message center aspect of the Ordinance. Much discussion ensued on the maximum square footage of the electronic message centers remaining the same; allowable speed settings, which are fairly universal; government safety studies; and insurance company accident reports. There was a concern that the two (2) second interval will create flashing billboards in the City. Mr. Richart stated, "Flashing is not allowed." Discussion. "I WOULD LIKE TO MOVE THAT ITEM `501' BY THE COMMUNITY DEVELOPMENT DEPARTMENT ASKING TO CONSIDER ORDINANCE 2014- 13 BE APPROVED AS RECOMMENDED BY STAFF." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 4,2014 PAGE 5 OF 10 Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". VOTE: VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER POE: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Consider Ordinance 2014-12, Which Proposes To Amend Section 20-431 Of The Code of Ordinances Regarding The Parking, Storage Or Maintenance Of Recreational Vehicles, Boats And Boat Trailers In Residential Zoning Districts. Board Member Bart Phillips stated, "Before we begin this, I would like to exclude myself from this discussion because I have a conflict." Mr. Howell presented this Agenda Item and remarked, "After you got your packets, Staff had a chance to take a look at this Ordinance a little bit more in depth and there are some changes that we are going to propose, that Mr. Stevenson would like to go over with you." Mr. Stevenson explained the following, "Subsequent to this Agenda Item being written, we've had additional conversations at the Staff level, involved the Police Department a little bit more, and also the City Manager. As I've told this group before, we never want to write a section that is not enforceable in the field." Continuing, Mr. Stevenson referred to Ordinance Number 2014-12 and commented, "Starting on page 2 of 4, under (1) Prohibitions: you have a section `f.' that starts with `No recreational vehicle'. I need to interject a sentence prior to that, that addresses the situation that we have in a lot of cases today, and that sentence would say something to the following, `All RV's and Boat Trailers with or without a boat thereon parked or stored in a residentially zoned district shall be parked or stored behind the front building line.' CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—JUNE 4,2014 PAGE 6 OF 10 That is the case that exists today. We are drawing a line between those that have a Permit, those that need to get a Permit, and those that don't need to get a Permit. All of them have to be parked behind the front building line, which is the case today." Furthermore, Mr. Stevenson noted that next change would be under the same section"f.", item number "4." and noted, "Where it says `Inspected to ensure that it is in a state of good repair.' — obviously the people we have out in the field, be it a Police Officer or Building Inspector, don't have the expertise to determine if an RV (Recreational Vehicle) is running. So, what we have done is modified that. Also, `Recreational vehicles shall have a valid registration and license plate. Boats and boat trailers must be registered in accordance with Florida Law. Prior to a Permit being issued, the property owner shall grant the Police Department' - we said the `City'." Further comments. Lastly, Mr. Stevenson said that item "7." would be removed entirely from the Ordinance, as it was open to interpretation and could be viewed subjectively. Additional comments were made on a one(1)time Permit versus an annual Permit. Board Member Poe asked if a resident would need a Permit if a boat was stored in the back yard behind a fence. Mr. Stevenson replied, "No." Discussion ensued on the difference between the length of a boat and the length of the trailer required to tow the boat. In addressing the approval process for the Permits, Chairperson Henderson believed, "The final approval should rest with the Commission." Mr. Stevenson noted, "We still are going to review them on a case by case basis. The Commission gave the direction that it be done at the Staff level." Mr. Stevenson added that Applicants would retain the appeal process to the City Commission for denied Permit applications. Board Member Poe mentioned that he has sought to empower the Staff as a Planning and Zoning Board/Local Planning Agency Board Member, as Staff was more than capable of performing these duties through their education, experience, and was concerned that Staff would leave for other municipalities without support. Chairperson Henderson opened "Public Input". Tape 1/Side B Mr. Ted Johnson, President, Tuscawilla Homeowner's Association, 1107 Pheasant Circle, Winter Springs, Florida: mentioned that a resident on Arabian Avenue had a concrete slab placed on their property and has a Recreational Vehicle parked on the slab, and the resident also placed a fence around the property. Mr. Johnson asked why the required length of the boat had changed and if it would be required to install a concrete slab for the boat storage. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 4,2014 PAGE 7 OF 10 Mr. Stevenson said as the Ordinance was written that if a boat was over twenty-three feet (23') and is stored behind a fence, then it would need to be placed on a paved surface. Issuance of a Permit would require that a paved surface be installed. Continuing, Mr. Stevenson stated, "Unless we want to inject some language, which we can work out between now and the Commission meeting with the Attorney that would grandfather those boats behind a fence that have been there for years. We can certainly consider that at the direction of this Board." Further discussion. Vice-Chairperson Howard Casman inquired how this Ordinance came about and believed it may be "Creating more of problem than solving." Mr. Howell replied that the City had recently received applications for Recreational Vehicles that were in excess of twenty- eight feet (28') and the residents had been cited by Code Enforcement for Code Violations. Further comments. Discussion ensued on Homeowner's Associations By-laws and City Ordinances. Chairperson Henderson closed "Public Input". Board Member Poe mentioned that he was against requiring residents install a paved surface for storage of their boats or recreational vehicles. Board Member Poe also commented that, "I think we not recommend approval for this. I think we need to send it back to Staff to make some additional changes, to include the ones that they have already made, which I like the verbiage about the length of the trailer as opposed to, with or without the boat." Board Member Poe added, "I don't want to punish those homeowners who have a twenty-five foot (25') boat, that is in their backyard and has been there for twelve (12) or fifteen(15) years; and now we are going to cause them an expense—but in that, I still want the level of approval at Staff level if at all possible." Board Member Poe asked about including this in a Motion. Mr. Stevenson stated, "If we take this forward to the Commission, I'd like to propose the following two (2) items and see if this addresses your concern. If a boat exceeds the twenty-three foot (23') length and has been there for awhile, is behind the front setback with a fence, we could put in some grandfathering language that would alleviate them as long as it does not become a nuisance from putting in on a paved surface. I think that addresses one of your concerns." Board Member Poe responded, "Yes." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 4,2014 PAGE 8 OF 10 Continuing, Mr. Stevenson noted, "The other one is pretty simple. We just simply say `a boat in excess of twenty-three feet (23')'; because a trailer that carries a twenty-three foot (23') boat can vary in length depending upon what size the boat is - those are my suggestions." Senior Attorney Kopp added, "We can work on the specific language but the main idea works." Chairperson Henderson gave a scenario to Mr. Stevenson and stated, "Do you think you can get it in such a way that `I just want a boat, put it in my back yard and I said, it has been there for five(5) years..." Senior Attorney Kopp remarked, "...We could put in language that, `as of the date of the Ordinance,boats that existed prior to the date of the Ordinance are grandfathered'." Chairperson Henderson then inquired, "What assurance would we have that we were grandfathering in people who should be, by the Ordinance?" Mr. Stevenson pointed out, "Because this Ordinance has been in a Public Hearing before a public body, it is considered a pending Ordinance—we have a pending Ordinance Law that states that it in effect is in the process now. So, if you bought that boat yesterday, you're good. If you buy that boat tomorrow, maybe not." Further comments followed on how to determine how long someone had a boat, etc. Board Member Poe said to Mr. Stevenson, "I believe you have addressed the two (2) major concerns that I had." "MOTION TO APPROVE AS MODIFIED BY RANDY STEVENSON." MOTION BY BOARD MEMBER POE. SECONDED BY CHAIRPERSON HENDERSON. DISCUSSION. MR. STEVENSON ASKED, "WOULD THE BOARD LIKE FOR ME TO REVIEW THE MODIFICATIONS?" BOARD MEMBER POE STATED, "PLEASE." CONTINUING, MR. STEVENSON COMMENTED, "OTHER THAN THE TWO (2) WE JUST TALKED ABOUT THERE THAT GO AS PART OF YOUR RECOMMENDATION, THE OTHER MODIFICATION, AGAIN GOING BACK TO [Page] 2 IS THE FIRST SENTENCE WILL BE `ALL RV'S, BOAT TRAILERS WITH OR WITHOUT A BOAT THEREON' — WE WILL PROBABLY CHANGE THAT LANGUAGE TO BE `BOATS IN EXCESS OF TWENTY-THREE FEET (23')' — BASICALLY THESE ARE EXISTING ONES, REGARDLESS OF SIZE, TO BE PARKED IN A RESIDENTIAL DISTRICT, SHALL BE PARKED OR STORED BEHIND THE FRONT BUILDING LINE.' CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 4,2014 PAGE 9 OF 10 THEN WE GET INTO THOSE IN EXCESS OF TWENTY-EIGHT FEET (28'), SO WHAT WE'D SAY IS `NO RECREATIONAL VEHICLE - IN EXCESS OF TWENTY-EIGHT FEET (28'), OR BOAT IN EXCESS OF TWENTY-THREE FEET (23'), SHALL BE PARKED OR STORED IN A RESIDENTIALLY ZONED DISTRICT WITHOUT A PERMIT ISSUED BY THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE.' WE HAVE THESE CRITERIA. THE NUMBER `4.' - WOULD BE CHANGED TO INSTEAD OF `IN A STATE OF GOOD REPAIR,' IT WOULD BE `INSPECTED TO BE ENSURED IT'S IN A STATE OF GOOD REPAIR WITH RESPECT TO EXTERIOR APPEARANCES' AND INSTEAD OF `OWNER SHALL GRANT THE POLICE DEPARTMENT' - 'OWNER SHALL GRANT THE CITY ACCESS TO THE RECREATIONAL VEHICLE—OR BOAT TRAILER FOR PURPOSES OF THIS INSPECTION'. AND THEN NUMBER `7.', THAT WAS A CRITERIA FOR ISSUANCE OF THE PERMIT HAS BEEN DELETED. THAT'S THE ONE WHERE WE TALKED ABOUT QUALITY OF PRE-EXISTING VIEWS AND SUCH. AND AGAIN, I WANT TO MENTION THAT THE TWO (2) THAT I JUST DESCRIBED TO THE BOARD, ABOUT THE PRE-EXISTING TWENTY-FIVE FOOT (25') BOAT WOULD NOT BE REQUIRED TO BUILD A PAD, IT WOULD BE GRANDFATHERED; AND THEN INSTEAD OF BOATS AND TRAILERS, IT WOULD JUST BE A BOAT IN EXCESS OF TWENTY-THREE FEET (23') REGARDLESS OF THE LENGTH OF THE TRAILER." CHAIRPERSON HENDERSON ADDED, "THEY STILL WOULD REQUIRE A PERMIT IF THEY ARE GRANDFATHERED, BUT NOT THE PAD." MR. STEVENSON AGREED AND STATED, "THAT'S CORRECT." VOTE: VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER POE: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: ABSTAINED MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—JUNE 4,2014 PAGE 10 OF 10 PUBLIC INPUT Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". ADJOURNMENT Chairperson Henderson adjourned the Regular Meeting at 6:39 p.m. RESPECTFULLY SUBMITTED: SEAN :EAUDET ASS!STANT TO THE CITY CLERK APPROVED: OB HEN�i ON, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the July 2,2014 Planning And Zoning Board/Local Planning Agency Regular Meeting. FORM 8B MEMORANDUM OF VO ING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Phillips Bartholomew Dinsmore Planning And Zoning MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 212 Morton Ln WHICH I SERVE IS A UNIT OF: CITY COUNTY Ocrry ❑cowry DOTHERLOCALAGENCY Winter Springs Seminole NAME OF POLITICAL SUBDIVISION: City of Winter SpIings DATE ON WHICH VOTE OCCURRED MY POSITION IS: 6/4/14 I ❑ ELECTIVE p APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of;government on an appointed or elected board,council, commission, authority, or committee. It applies equally to members of advisory an non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which ybu have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please par close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public Ice MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local o cer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a govemmerlt agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-ace, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing thislform with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. ♦ # ! # • # # # ! • # ! ♦ ! # x APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the a ency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENC BY D NG: • You must disclose orally the nature of your conflict in th before rt|o mg. • You must complete the form and file it within 15 days after the vote occurs with file person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST |. Bart Phillips . heebydisdooemotonJUMe' 4 .2O14 : (a)A measure came or will come before my agency which(check one) 151 inured to my special private gain or loss: inured to the special gain or loss of my business associate, | • inured to the special gain or loss of my relative, | • inured to the special gain or loss of | ,by whom I am retained;or inured to the special gain or loss of .which is the parent organization or subsidiary of a principal which has retained m . (b)The measure before my agency and the nature of my conflicting interest in the rneasure/oaofu||ovs: Permitting of RV and Boats in residential zoning. I own property in the City of Winter Springs which I plan tO build a RV and Boat storage yard. ;1///Y ifOACIP Date Filed / / S� mre / • NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.3 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OF4 MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEM0TIpN,N, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. ca FORM ue'sFF.1/2000 PAGE 2