HomeMy WebLinkAbout2015 09 02 Consent 300 Unapproved Minutes from the August 12, 2015 Regular Meeting CITY OF WINTER SPRINGS, FLORIDA
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PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ra41
REGULAR MEETING i�+�'"'
AUGUST 12, 2015 =7/
(RESCHEDULED FROM AUGUST 5, 2015)
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CALL TO ORDER
The Regular Meeting of Wednesday, August 12, 2015 (Rescheduled from August 5,
2015) of the Planning and Zoning Board/Local Planning Agency was called to Order at
5:30 p.m. by Vice-Chairperson Howard Casman in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call:
Chairperson Bob Henderson, absent
Vice-Chairperson Howard Casman, present
Board Member Sarah Miller, present
Board Member Bart Phillips, present
Board Member Suzanne Walker, absent
Assistant to the City Clerk Antonia Della Donna, present
A moment of silence was followed by the Pledge of Allegiance.
No changes were made to the Agenda.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Not Used
INFORMATIONAL AGENDA
INFORMATIONAL
200. Not Used
CITY OF WINTER SPRINGS,FLORIDA
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PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
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PUBLIC INPUT ; IN.
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An opportunity to give "Public Input" was offered by Vice-Chairperson Casman. =1.41
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No one addressed the Planning and Zoning Board/Local Planning Agency at this time. Naleri
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, June 10, 2015 Planning
And Zoning Board/Local Planning Agency Regular Meeting Minutes.
REGARDING THE WEDNESDAY, JUNE 10, 2015 REGULAR MEETING
MINUTES, "MOTION WE APPROVE." MOTION BY BOARD MEMBER
MILLER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION.
VOTE:
BOARD MEMBER PHILLIPS: AYE
VICE-CHAIRPERSON CASMAN: AYE
BOARD MEMBER MILLER: AYE
MOTION CARRIED.
400. REPORTS
No Reports were given.
PUBLIC HEARING AGENDA
PUBLIC HEARINGS
500. Community Development Department—Planning Division
The Community Development Department — Planning Division Requests That The
Local Planning Agency Hold A Public Hearing For Ordinance 2015-14, Which
Proposes To Remove Policy 1.1.10 From The Housing Element Of The City's
Comprehensive Plan Related To Multi-Family Housing In Commercially Zoned
Areas Of The City.
Ms. Amanda Webb, Planner, Community Development Department presented this
Agenda Item and in discussing Ordinance 2015-14, explained that the proposed
Amendment to the Comprehensive Plan is an effort to diversify the City's tax base.
CITY OF WINTER SPRINGS,FLORIDA
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Ms. Webb also noted that the proposed deletion of Policy 1.1.10 ensures that the City's
Code of Ordinances is consistent with the Comprehensive Plan.
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Continuing, Ms. Webb specified, "The City's tax base is currently eighty-eight point
fifty-five percent (88.55%) residential and only eleven point forty-five percent (11.45%)
commercial."
Board Member Bart Phillips wondered how much C-1 (Neighborhood Commercial), C-2
(General Commercial), and C-3 (Highway 17-92 Commercial) zoned property was still
available for development. Ms. Webb responded, "There's approximately a 123 acres,
right now, that are currently zoned General Neighborhood/Commercial." Board Member
Phillips continued, "And that is unoccupied?"
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department,
explained, "That is a number from about two (2) years ago. As far as the overall C-1
(Neighborhood Commercial) we have in the City, not all of it is unoccupied. But, as you
can tell, it represents less than one percent (1%) of the acreage in the City." Mr.
Stevenson made additional comments on protecting the City's commercially zoned
districts for future projects.
Vice-Chairperson Casman inquired if existing commitments to multi-family
developments would still be viable and therefore "grandfathered" in. Mr. Stevenson
replied, "If we simply say they're `grandfathered' that creates a problem down the road
for somebody who may want to finance or refinance or sell or something with their title
company. Because if you're `grandfathered' it means that you're a Nonconforming Use,
essentially."
Vice-Chairperson Casman opened the "Public Input"portion of this Agenda Item.
No one addressed the Planning and Zoning Board/Local Planning Agency at this time.
"I WOULD LIKE TO — GO FOR THE APPROVAL OF ITEM `500'." MOTION
BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER
MILLER. DISCUSSION.
VOTE:
BOARD MEMBER MILLER: AYE
VICE-CHAIRPERSON CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS,FLORIDA
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PUBLIC HEARINGS C=0
501. Community Development Department—Planning Division
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The Community Development Department — Planning Division Requests That The
Planning And Zoning Board Consider Ordinance 2015-15, Which Proposes To
Amend The List Of Permitted, Conditional And Prohibited Uses In The C-1
(Neighborhood Commercial), C-2 (General Commercial), And C-3 (Highway 17-92
Commercial) Zoning Districts By Removing Multi-Family Residential Uses As A
Conditional Use In These Zoning Districts.
Mr. Bobby Howell, AICP, Planner, Community Development Department presented the
Agenda Item and in reference to Ordinance 2015-15, Mr. Howell stated that the C-1
(Neighborhood Commercial), C-2 (General Commercial), And C-3 (Highway 17-92
Commercial) Zoning Districts currently permit multi-family residential uses only with a
Conditional Use approval from the City Commission.
Continuing, Mr. Howell reviewed Conditional Uses and noted that there are currently no
properties within the City zoned C-3 (Highway 17-92 Commercial); and also mentioned,
"It is a goal of the City to maximize the potential for commercial development on
commercially zoned properties. Diversification of the City's tax base is vital to the future
economic wellbeing of the City." Further comments.
An opportunity to give "Public Input" was offered by Vice-Chairperson Casman.
Mr. Donald Gilmore, 807 Leopard Trail, Winter Springs, Florida: expressed his
concerns about having adequate space for multi-family developments, growing the City's
tax base, and the conversion of older residential homes on arterial roadways to
Commercial Use.
Regarding Mr. Gilmore's concerns, Mr. Stevenson pointed out that the City is preserving
areas to diversify the tax base and not necessarily grow it and emphasized, "I won't say
`increase' the tax base because if you look at the top ten (10) taxpaying entities in the
City. seven (7) of them are apartment complexes." Mr. Stevenson noted again that this
was an effort to preserve commercial opportunities in the future.
Continuing, Mr. Stevenson stated, "We have in no way eliminated multi-family because
there are still zoning districts that will allow multifamily. What we are trying to do is
preserve commercial and not allow multi-family on commercial as — even as a
Conditional Use." Mr. Stevenson also mentioned the concerns about too much multi-
family development and assured the Board that Staff is considering this as well.
CITY OF WINTER SPRINGS,FLORIDA
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PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
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Mr. Stevenson briefly remarked that the conversion of older homes is already permitted
under one of the Comprehensive Plan's Policies and noted that many of the properties on
frontage of State Road 434, especially the north side, are already zoned C-1
(Neighborhood Commercial). Furthermore, Mr. Stevenson mentioned that throughout
any conversion, the homes need to meet the ADA (Americans with Disabilities Act of =#
1990) Standards for Accessible Design. Regarding commercial development, Mr.
Stevenson stated, "I don't see that happening along Tuskawilla [Road] or anything of that
nature because we don't have any C-1 [Neighborhood Commercial] zoning on that like
we do on [State Road] 434."Additional comments followed.
"I AM GOING TO RECOMMEND THAT WE RECOMMEND — APPROVAL
FOR ORDINANCE 2015-15 TO THE CITY COMMISSION TO PROPOSE TO
AMEND THE LIST OF PERMITTED CONDITIONAL AND PROHIBITED USES
ON THE C-1 (NEIGHBORHOOD COMMERCIAL), C-2 (GENERAL
COMMERCIAL), AND C-3 (HIGHWAY 17-92 COMMERCIAL) ZONING
DISTRICTS BY REMOVING MULTI-FAMILY RESIDENTIAL USES AS A
CONDITIONAL USE IN THESE ZONING DISTRICTS." MOTION BY VICE-
CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER PHILLIPS.
DISCUSSION.
VOTE:
BOARD MEMBER PHILLIPS: AYE
VICE-CHAIRPERSON CASMAN: AYE
BOARD MEMBER MILLER: 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 2015-19, Which Proposes To
Amend Chapter 20, Zoning, Of The Code Of Ordinances To Establish A Limited
Administrative Waiver Procedure For Approving Deviations From The City Code.
Mr. Howell introduced this Agenda Item and indicated that the City Commission gave
direction to Staff to prepare an Ordinance to amend the City Code and establish a limited
Administrative Waiver procedure for approving minor deviations from certain
requirements of the City Code. Continuing, Mr. Howell explained, "This is an effort to
streamline the development approval process. And what this Ordinance does is that it
limits administrative waivers to height, area, or size of a structure, and/or distance
requirements, and size of yard, and open space requirements of an applicable zoning
district."
CITY OF WINTER SPRINGS,FLORIDA
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Furthermore, Mr. Howell noted that Ordinance 2015-19 specifies that Administrative i=14'
Waivers shall not exceed ten percent (10%) of an applicable requirement. Further =Ls
comments. exer4
Vice-Chairperson Casman inquired if neighbors or parties involved are notified before
the Waivers are approved. In response, Mr. Howell referenced Section 20-37. (c)
Application Submittal and Fee. that states as part of the application, the City Manager
reserves the right to require a signed affidavit, submitted on a form prepared by the City,
from all abutting property owners indicating no objection to the requested Waiver.
An opportunity to give "Public Input" was offered by Vice-Chairperson Casman.
Mr. Donald Gilmore, 807 Leopard Trail, Winter Springs, Florida: commented on the
City Manager's rights as stated in Ordinance 2015-19.
Discussion followed on"De minimus",properties under construction, surveying, Waivers
having minimal material impact on properties, safeguards, administrative appeal, and the
City Commission's direction to Staff.
Vice-Chairperson Casman expressed concerns about the existence of an Administrative
Waiver which could lead to builders and developers producing sloppier work. Mr.
Stevenson said that Staff was in agreement with such concerns as well, but suggested
possibly implementing a batter board survey requirement. Mr. Stevenson added, "I think
that's one of the reasons that the Attorney's Office has worked with us to put some of
these assurances in place — it's not an automatic thing. We will still review it. It's just
that the final decision rests, in this case, administratively rather than going back to the
legislative body."
Board Member Phillips added, "I do believe that ten percent (10%) is very reasonable."
Mr. Stevenson agreed and noted, "And you'll note that is was very specific what we
could apply this to. It was not something that would subjective — these are quantifiable
measurements."
Further comments followed on signed affidavits.
"I MOVE TO APPROVE ITEM `502'." MOTION BY BOARD MEMBER
MILLER. VICE-CHAIRPERSON CONFIRMED "ORDINANCE 2015-19."
BOARD MEMBER MILLER AGREED. SECONDED BY BOARD MEMBER
PHILLIPS. DISCUSSION.
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING—AUGUST 12,2015
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VOTE: Pain
VICE-CHAIRPERSON CASMAN: AYE '"'
BOARD MEMBER MILLER: AYE 0:14
BOARD MEMBER PHILLIPS: AYE =Li
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OTION CARRIED. mem4
REGULAR AGENDA
REGULAR
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PUBLIC INPUT
Vice-Chairperson Casman opened "Public Input".
No one spoke.
Vice-Chairperson Casman closed "Public Input".
ADJOURNMENT
Vice-Chairperson Casman adjourned the Regular Meeting at 6:02 p.m.
RESPECTFULLY SUBMITTED:
ANTONIA DELLA DONNA
ASSISTANT TO THE CITY CLERK
APPROVED:
BOB HENDERSON, CHAIRPERSON
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were Approved at the ,2015 Planning And Zoning Board/Local Planning Agency
Regular Meeting.