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CCMtg01-03-05MinLONGWOOD CITY COMMISSION Longwood City Cmnmission Chambers 175 4VCVt JVan-en Avenne Longwood, Florida MINUTES JANUARY 3, 2005 7:00 P.M. Presevt Mayor l{, G."Dutch"Bundy Deputy Mayor John G hivingot Commissioner Dua Andvrsov Commissioner Mike Molt Commissioner Brian D. Snrkett Richard S. Taylor, Jr., Cip~ Almntey Jolm J. Drago, Gry Administrator Sornh M. Mijnres, City Clerk Pet ;filler, Director o[ Cammoniry Services Richard KOrvbluh, Divisiov Manager o(Uriliries Tom Smith, Uivi nMenager of Streeu/Fleets Tom JncLseo, Chie[ of Police Carol Rogers, Director of Finmirial Services Pmd Sizemore, Commmtiry Services Coordinator 1. C.4t.L TO ORDER Mayor 6undy called the meetingm order at ]:OJ p.m. 2. Amoment of SILENT MEDITATION was (ollmved by the PLEDGE OF ALI.F,CIANCE. J. COMMUNITY ANNOUNCEMENTS. Tho following announcement was made: A. A 81ve Cross Plckiv' will beheld on January 15, 2005 from ]:00 p.m. until 10:00 p.m., Longwood Community Building, 200 Ji'esr \Yarren Avenue. 4. RECOGNITIONS. A. District k3 Presentaliev of fhe business Person of toe Month Award for January 2005 [o Ai Buehler of A.B. Design Groop, Inc., located at 14th North Rovald Reagan Boulevvrd. Commissioner Hoh recognized Mr. AI Bueliler of A.B. Design Group, located al 1441 North Ronald Reagan Boulevard as the business Person of the Month for January 2005. lie sorted Mr. Dvehler hes been opemtivg AB. Design Oroup for twelve (i2) ycnra, tom (4) of which hevebeev in Longwood. He afmonnced A.B. Design Groap recently eonaibuted to an employee Ivncireon honoring Ne city employees. h[e then prersented Mr. CC 1-03-05/I Buahler with the Business Person of the MonOt awaN. Pictures were then taken. 13. Nomination and selection of[he recipient o[the Marlin Luther King Geod Citizenship Arvard (Presentation scheduled for.lanaary t7, 2005). Deputy Mayor Mvingot nominated Mr. Errol W.S. Johnson. He Ihu: read :e biographic inCom non on Mr. Sohnson. Nonnnelion carried by n Mayor Bundy nominated Sally Sherman. Deputy County Managar for Seminole County. He then read same biographic information on Mrs. Shemran. Nomination certied by a nnan:mous voice rote 5. BOARD APPOINTMENTS None b. PU13I,IC INPUT. A. Public Participation. None. ]. CITY ADhi1NISTIWTOR'S REPORT. NO report. 8. MAYOR ANU COMMISSIONERS'REPOIiT. District#I. Deputy Mayor Maingol wished everyone peace, prosperity, vnd progress in vohieving the many objactivns set Corth and planned for in 2005. Uimict k2. Commivsioner Anderson stated he hvd concurs regarding ilia pedestrian uossing of tho railroad vack at 434 where the sidowalk slops and starts each side of the backs. He recommended some type of IigMing in the area and ~uggested FDOT be contectod regarding this Issue. Mr. Dingo slated Florida Power could also be azked to add Iiglrling in the area. District k3. Commissioner Holt svtnd tn<re was quite a fireworks displvy in the area this weekend. He reported that he attended the retirement pang for Mr. Bill Sober, Senrinolc County Property Appraises He saiU it was amazing how merry people complimented the City o[LOVgwood. He reported the City of Longwood hosted awolf--pack in co jwction with the Seminole County Sheriffs office to help deACrdmnk driving. DiMriet M4. Mayor Bundy reported he also attended Mr Suher's retirement parry. Hcvtatedthis past year was adiffionlt yevr for the city with tbelnrrieenes and some high pmf la eases. He stated tbepeople h: Sungwocd havo always Como through. Uist et d5. Comm uSeek Al sated thia weaawonderCUl holiday aeeson. He said Itis hint ly spent a night traveling through the city looking at Christmas lights. Hesuid he would like to see more Christmas decorations on the light polls Cc i-a~-osfz dnoughont the city. He nlso wmmenieU on the bee in 6om of City Hvll being in sad sir¢pe. Mr, Drngo s vted m re dec cold be added. He also slated they hurl additional banners to place Nmughout. He stated the intent was to cut down dte tree this year and purchase a Cbnsfmas tree each year. 9. CONSCryT ACLNDA. A. .4pprur~e Minutes of the Dece:uber 20, 2000 Regular bleating. D. Fim ce Dic' o[tbe Finv einl San ices Depar enf re<omnrenQ payment of appro.'eA and estimated bills for Jansen' 2005. Deputy Mayor Maingot movmd to appmvc the Conscm Agenda as submised. Seconded by Commissioner S¢ckett and carried by a unvmmous roll cell vote. l0. PUDLIC 11 t:ARINOS. A. The Con nity Develvpmeit Oi~isiov of the COmmvnity Setrvices Depm'tmmtt recammeads [be City Cmvmission read by title only, s'et Jnnunry I ], 2005 az rite second public hearing dntc, antl either approve nt Itrst reading or devy Ordinnuce No. 00-1 ]d2 for a Small Scale Comprehensive Plan Fvmre LanU Ude Map Atoentlment (SPA IlM4) from Law Density Residenflal (LDIi) ro General Cvnmtercinl (4C) I'or Ntr properly located at 152 Last lake Avenue. Mayor Bundy reviewed the procedures ofquasi-judicial Itenrings. Mr. Taylor announced having proofofpublicntion for this and all public hearings listed on the agenda. He then read ONinance No. 04-I ]42 by title only. Mr. Sizemore reviewed the loeatiov ofthe subject progeny. He said there az general commercial to the west and low density residential waz to the st. hie reposed Titlecorp ofFloride purchazed the property in Scpicmber 201)4 and demolished the exiafing residential swetura after obtaining all required permits. Titlecotp now proposal using the property as a supplementary parkivg lot to Oeir existing wmmercial business. Ha stated they would be required to obtain a land~vse ahengeto geneal co cial. He reported the LPA voted 3/G at the December 8, 2004 Land Planmtng Agency meeting not to :ecommand approval of the Ivnd-use ohuvga. The primary element they took into consideration was the Compmhcnaive Pion, under future lend use elemutta states; "In order to protect viable osiduntinl neighborhoods and prevent ineppropriaty conversion of estidentlal and/or vertant IanU due to development pressures, the City of Longwood shall direct mtd enwuragec Dial and industrial uses to desigv¢ted aeons az they appear on the future Ivnd uea map of the City's Comprehensive Plan." CC I-03-05/3 Mr. Taylor conductod the swearing in of wihteseea Uonelaa Genwlculh 369 Nonh New York Avenue, Winrar Pazk, represenlatlve of Ti[lecorp o[Plorida Ge. Hesaid they wuehue to discuss a Piny (50) foot strip that abuts to the wrrent general nommweiel land~us and.v nthebordu ofa residential ar a. Hesaid rhea ewes v6th the Inndose play. He stated the for was a non rc onfon rinrg lot andw with other lots in the developme . His cliGrtpropos e~he let nndditional Decking lot. Thee catty prokssi imlto~ces. Hes eted the as had pen with [hen reques[ He stated this would no[ negatively mrpa~r the calves of the esidential er end he awed pint s of dre a. Hia <Iiei s requesting this be ehnngedto grnreral conunercial. He Aiscussedn ' Iandscapeborder to the ease Ho staled dris would bean ideal travsirionet use between Ronald Reagml and the existing residential veighhorirood. Robert Arcli e, 355 South Ronald Reagan 6eulevard, represetllative of Ti[lecotp of Plorida, [ne., stated they pnrclrased the property in 1[tne2003. Hesaid business has been very good and theylrave hired more unployeu nd needed the additional parking. I Swlt Jonea 2016 Lake Drive, Winter Park stared hm has been a brcku in Seminole County since 1982. Hesaid the residential area directly behind this area was not an example of an area that would be harmed. He said there any code viola[i s. Hesaid it agood o[ w keep thisproperty as residarrhel ~He stated well pl noted commercial e uses wue pravev to be a revitalization Fnemr. Discussion was held regading the proposed landscaping. Mr Douelas stated they were proposing adding approximately eight (8) additional parking spaces and buffering the parking on all sides. They wue also proposing placing a picnic cable with a garden area. Discussion was held regarding the north side otthe property. Mr. Donates stated a possibility would be to deed a portico ofrhis property to the<ity for a park. Hereviewed the access to the pocking lot and stated it would not create additional ttattic on Lake Avenue Discussion ensued Michael IGamu, t?2 Gesr Lake Avenue, slated he was speaking on behalf ofhis property nd sunnunding neighbors. He said, while Mr.lones was highly uadetrtieled, ha did not speak for the neighbors or the City of Longwood. He stared he and dra neighbors wue opposed to rfiis. Hesaid this wan a growing and evolving veghborhood. They do no(believe this to CC 1-03-OS/4 be m me neat interest onheir ne;ghnoatooa, nor apes h aaa game ro m¢ir properly. He stated this neighborhood was growing and They did not need eial inausian. Hz sratwl Mr. Baetto's prapeny euffued hurricane damage, had permits, end was making repairs. fle said the applioant purchased v residential DropertY= demolished the existing house, end now Desires additional parking. He stated the pvrcol was not wide enough Ior the Proposed site plan. He asked th¢t the applicant's request bu denied. Brevet, Boetto, 162 Lake Avenue. stated lie opted the properly directly w the subject property. Hx stated there were three<3) humicaves this year and rho strucmro was sevuely dvmngcd. He said he was currently ring resolution wit1, hie tnsurane.e s,d he was curently restoring (he Home. Mr Kran crated ran property owners were opposed re tl,e ohange and stated it was not in il,e best intoresr ofrno neighborhood. Mr Dcuelas rated this wan a Bowing business and the business is eequesting tnny be vllowed to atilae mis lot. They are attempting to ceder eof the ms. Hesaid this was consistent with rho use urd plan. Hens sled the rearidents did not bring forth any eviden eof negative impact to the prapeny. He requested the Iand-use be approved. Commissioner Anderson inquired whet the legal requirements were far implementing the change. Mr. l4yloradvised the Commission had lemvay to grant or deny this particular application. Commissioner Anderson stated they may choose to intensify the buffer. He inquired vs m the reason LPA chose ro deny this Iend-use change. Mr. Sizemore advised the demolition permit was applied for ov Beptember 14, 2004, approved an Beptwnber 23, 2004. lie said mere were some node tvvea with the fence. Commissioner Anderson asked iCthey cm„o w an agreement for this land- usechange, were there any mechanisms for future protection. Mayor Bundy suggested, if approved, rather than an easemen4 the Iand be deeded to the city. Discussion w¢s held regarding the CAPP progcvm Discussion u,sued regarding the buffer. CC 1-03-OS/5 Mr. Drago sugbested this could be approved at brat reading sw the second publio hearing date, require av agreement be worked om and opproved prior to the second public hearing. Coins er Anders ved to approv at first ~cading Ordiwnoc 041'!42 with dtcwndition that the applicant and neighbors (rave e CAPP meeting to come to nn agrcwneni and sea tend public hearing dote for March ], 2005. Seconded by Cmnnnsstoner Sackwt and tamed by v unanimous rot I call vote. 'fhe Commission recessed at 556 p.m. std reconvened at 99] p.nr. B. The Commmtip~ Oevelapmen[ Division of the Conrntunity Services Department recmnmeuds the Ciry' Cnmmissioo hear an oppeal of the Historic Preservation Beard (HPB) tleeision to deny n request (fIPB IQ-04J to zllow the innfallatlon o[ alominttm frame windmvs at I14 ISay Avenue. Mayor Bundy disGOSed hls ex-pate communication. The applicant was not present. Mr. Sizemore reposed thebnilding at 114 W ast Bay Avwruo was a nibuting st ntlro Historic District.hwas purchased by Mr and Mrs. Caraballonwho applied tar a building permit to install new windows after bcing cited by codes enfort nt Car performing the vork withou permit. tln reviewed the Historic District Code book regarding m vials for restoration. He reposed at the November 9, 2004 meeting of tl e Historic Preservation Beard vhey voted not to approve the building penni( because materials original to the ea of construction were not used. The windows installed were of an aluminnm flame. Mrs. Carabailo is appealing the decision iv accordavcewith the requirements oCthe Longwood Development Code. Mayor Bundy pointed out the applicant's letter stated they understood dre hearing was set for January 3, 2005. Dgnna Bundv, "121 Eagle Avenue, stated aluminum was not appropriate for a contributing s[rucare that originally had wood windows. Discussion was held regarding aluminnm windows being anon- oonforming use. Discussion was held regarding disclosureof property beinK located in the xiamde Dianiet. Deputy Mayor Maingot moved to dwry theappeal of the applicant W allow the msralietion of aluminum fame windows et I t4 Hey CC I-03-05/6 Avenue, Item l0 B. 6uonded by Mayor Bundy and tamed by a C. The COmmuttily Uevelopvtent Division of the Cotmtmunity 6ervlees Department recanttmentls [he Ciry~ Conttnisston beer an vppenl of the Board of Adjustment (80.4) tlecisivn to vpprove v Variance (V:1R I I- 04) ro retlaee ate rear yecd setback from [[teen (IS) feet [o eleven (I I) leer for ate emtstrneaom ore seraemea room hemmn at s6z wemltedy court. Mr. ivyloe conducted the swearing in ofwitnesses. Mr. Sizemore stated Ms-Anna Parker, 862 Weatherly Court, was cited by codes enforcement for doing work without o pennii She installed a small eenred roam addition without n permit. She proceeded to obtain a bm'Iding pennit and prior m the pemrit being vpproved, a variance would have to be grunted. He reported planning reviewed the setback requimments end discovered the way the armature was bui14 it eneroaclted four (4) @et into the rear setback He stated the BoeN of Adjustment oted to approv at the November 24, 2004 meetime. He said Mc William Ferguson! Ott adjacent properly owner, has appealed the detisian ofthe Beard of Adjunmem. Commissioner Holt disclosed his ex-pane eommunientiom. Will ern B. Ferguson, 1797 Torrington Circle, stated this was bazlcelly a simple issue He said not only the Clty Code, but the Danbury Mill ns addressed this. He said Ms. Parker trespazsed on his properly end d meged his peoperty while hewas gone He said bevrzote to her and told her she should obtain building permits. He stored he received a letter 6om the Homuwmi s Association approving his application. He said her porch was built by vn unliconsed handyman. He said it mould not be finished and needed to be taken down Mr-Miller explained this lot was set at en angle and became wider. He said the building offiual has looked at the site plan end said it was appropriate. He said [his was ready for approval pending an AOA letter. I„s_r1,~ stated if the HOA did not respond within thirty (30) days it was approved. Arma L Parker. 862 Wendterly Coun, said shebought her house sixteen (lfi) yeacs ego. She said she stazted to emlose hw pum~H with the permission of the HOA. She said she hired a company the first of November in 2003 who were going tv obtain the permits. Sire ityueed her back and muded to postpone the project. The company refmmded her deposit and the esseciation extended bar request. She found a wvhactor in ]one who made n proposal and she awepted. She said she was mot aware cc 1 o3osn he was not obtaining the permit. She contveted Mr. Sizeanore to find out whvt sae needed to do to obtain a permit. He workod with her end etplvinod whet sire needed to do to obtain Ina variance Sho said thvt tlro 13oxrd of Adjustmont approved Ihevarivwe at tneie meeting end Mr. Siremora infornred her drove would be nnatlrermewing. She hired n licensed architect who is curtently working on this. Deputy Mayor Mningat inquired i[ the slmcture was built when she purchased the home and only needed to be enclosed. Ms Purkfr staled mere were onlypavers present. Mr. Miller stated ha and the buildivg oflcial visited the site and there rc pav rs pres nt, hox r, they did not know if the pav cr o. He stated they could not detemrine how the stnlcture vase o ~~~no~wf xe aaia mn aay nna not rnneroea n,earawnlga enm the vahitew. Mr. Tvylor stated there were rtve diRuwh issues; onebaing whwhor to grant the variance at this Iooetioq vnd sooondly, the etruwure would be reynired to meet inspections. Con er Anderson stated the Hommwner's Association approved the stnicturc to be built and also sent a letter of approval to grant the oe. I{e further stated staff provided documentation where four (4) w hove been granted in the subdivi on. He stvted whether the swcture mows code was n sepvrma issue. st Discueaion was held regarding wheNw the sWCmre was constmeted prior to obtaining thn varimrce. Mayor IIundy stated the issue at hand was whether to gent the variance. He stvted if the Commission grants the vacianoe, she would ba requved to go through lhepermit proc ss. He further stated to clear the wde violation the verienoewculd need to be gamed. Con er Anders ved to etnem tivg past 10:00 p.m~Secondod by Cow ustoner Smkett and carried bye Pwl Orchard-Hays, 329 Spmeewood Road, stated hn was Ms-Parker's vnd said slrenes always beau vory indepovdent and handled hu own affairs. He said, in this case, his mother fold him everything was beivg handled so he did not get involved. He said Mr. Ferguson had been very aide to her. Fla eeid there had beau mistakos medo and they would de whetevor they nod to in order to make sure tho swwure met code and was nand. The i[omcowner's Association inspected the attuwure and gave their approval and stated the dividing wall could be used as support. He CC1-03-OS/8 svid this onfusio and an hon stake byal6 year old women. She wonid like to do whatever needed to coaect the si~~tion- Job BJ9 Hillery Court, said she lived dir«tly behind Ms. Parker. She svid she watched dte soucmre being wnstnieted vnd was jealous bee eslro could Dot pnt thesamestrucmro ou berpmperty. Shc said this we na great improvement. Ms Parker stated shejuet wanted this to cometo an end. Mr~ read from levers by the Homwwnei sAssociatien dated Iuly 30 dOctober l2'". Hesaid this was something that should not happeat in dteoommnnity. He said peopleshould not build prior to obtaining vpproval. Commissioner Anderson moved to deity the appeal and let stand the variance issueby the Board ofAdjustment. Seconde4 by Uepnty Mayor Maingot. Commissioner Anderson noted drat ell the other issues had m be worked ont. but they were ruling only on the variance and the setback. Commissionu I~IoIt said the plat by Bowyen~-Singloton Yc Assovietes showed autility eus and the endum showeda obtained by 815 Hillary Court. Fie askndrtCboth vvrivnees were granted would this tako awvy the mility evsoment. Mr. Sizemore stated the utiliryeuement extends five (Sj fut beyond the properly line end this variance kept the encroaelunem alavenr (I I) feet beyond the property line Discussion was held eegardiug enuroachmeut into the utility evsemen[. Mr. Drago reitemted the sfrueMe would be required to meet city code Motion curried by a four/oneroll Doll vote with Mayor Bundy, Deputy Mayor Maingor, Commissioners Anderson end Sackett voting aye and Cotrnntsstoner Holt voting any. Il. REGDLAR BUSIN6S5. A. The Cnmmmtity Development Division ofthe Commnnil}Services Department recammentls [he City Commission approve a I.ot Split (SD 02-04) in ortler to extablisM1 nvo (2) conforming lots nt 610 and 612 Norrh Grant Street. Mr. Sizemore rnviewed a map of the propmrty. Ha said the property oxnors came to a mutual ageement w split tbo lot making two (2) CC 1-01-05/9 onion ring loll. He stated the titles have been cleared and dtis was before the Commission far approval. Commissioner Anderson moved to approve the lot split (SD 02- 00.). Sownded by Depnty Mayor Maingot and mrriod by e unanimous roll tail vote. R. Afayor 6undy reeoomrends the Cily Co~mrti5ston disutse' possiidy acting a ur[ace treatment ordinaoce for mosonry trolls anU structures.s Mayor Bundy staled this waz the ordinance enacted by tits City of Winter Garden regarding surface tit for Dory wal Is and st s. He said he spoke wish Mr. Millet and also spoke with the buildingco~ciel rugording this issue. Ueputy Mayor Maingot said Section 2 E simplified and handled the issue without bewming too technical. He said thla should not only be for residential, brit extend to wmmercial s[ruuures az well. Mr. Taylor stated the Winter Garden ordinance waz too vague. Mayor 6undy stated he would like to see the contractor be required to citify titer moisture would Dot penurale the building without getting mo apatite io lho ordinance. I{esaid deers oould be a list o[approved types of w er proof materiels. Discusson ensued regaNing regale menls for water sealants. Mr Drago stated [he wanly building inspwtors o[Cenhal Florida would bemeeting on Ianuary t I, 2005 to discuss this issue. It was the oooserisus of the Commissioo to move forward looking into this C. City Administrator requests the city Commission review theGq Adm nistrator's aceomplishmeots as it relates to his goa4oriented appraisal. Mr. Drago said the only thing he was remiss in not including would be the development activity over the worse of the year. Hediscusaed the CAPP process. Deputy Mayor Meiogot stemd this ropcaseoted a 3 % increase over the wrtent salary end e S20 increase in the velri<le allowance. Deputy Mayor Maingot moved to approve the new salary level as requested Seoonded by Commissioner Holt. CC 1-03-OS/IO Mayor Bendy inquired if the Ciry Administrator had developed a finaneivl aceouvtivg for projects. Mr. Drago said Ms. Rogers had a new accounting ~ r projects and it would be tested on the next set of bide. Motion oareied by a unanimous roll cull vote. Mayor Bundy said he would like to see the Ciry Administmmr look inw what the financial impact would be to the city in the next bndKet year by doinge ompvrison ofsvivnes for department ltevds in the county. Mr. Drago stated This wns done yearly and there ww~e v voupleoP selvries that may need to be reviewed. 12, CITY ATTORNEY'S REPORT. No rgton. 13. CITi'CLERK'S REPORT. NO report. t4. ADJOURN. MVyor Bundy edjoumed tha meetingm l0'.59put. /j /-~.C~t IIa dG. Randy, Jr., Ma r Arr¢ _ dam/ Snrah hf. Mijai'es, Ciry Cler CC I-03-OSlll To~~ r,B~L~[~ emv¢ mwvrmv,nr. cc t-mosn z EX PARTIi COMMtJMCATION DISCLOSfIRE (Please PII out a separate forzn for each communicaliov. This tomr ie to be gives ro the City Clerk or City Attorney priorto the Commission Meeting nE which theprojeu will he considered.) Da~e:'~~OS Notne: H,G. ~Au/DY _____ Prefect: _Location: //Y d9p~VEN/C/~ On 17-~ 3D~}` , the undusi~ed entered into ~ ex pan-- with ~du/9 duuaY _____,whose addres ecomniunicaoon ___________________ who is's affiliated with the above referenced projec OR who ieasnbstantially atTee~ed pceson (oxplain how aff fed) CHR~C 8 wiWr mthe above referenced project. The following conveisa~ioo trvnspired and is hereby disclosed and made a patt of the cord: ee Rs,e(D rs=y nGiNle'/ dJ CeNfP,r~gr.lNk- SpF c%eP.s rJAS / %[EE f`r/Y r/ N/st Dhi ff ~ Df 1 t9'/vrED ~N INE ._g~f/RrR_~C IpJd Aa l/~/. ~_Y) Si~erwe Date rw a EX PARTS COMMUNICATTON DISCLOSURE (Ploasefilt out a separate form Cor each communication. This form is to begiven o the City Cluk or City Attorney prior to the Commission Meeting at which the project wil I bo considered) nn'' ~~`` Da~e:______3__~S___ Nance: _t•k.12P Fwtt Pmiect: bd dA~gse_(„__1~a_f~_o 4______Location: A6Z 4/on hA~[1,.C €r Jrw®u~, ,u,ct bw-~,~rtid N . on m A+bpf //-Z6-oy ,me ~~naerxi~ed eme<~ea mro an ax partecommunication wind A;oN ,whose address is ___j~~ 7 TnttQ iv a3! ,__ _ .___ who ix afllliated with dio above refer neod projce AaGC~ctrN+aC~/.OPCn/ OR wbo i¢aeubeun~ially a[fecui porson (ezplvio how afteaed) wiN respell to the above raferenceA project The following conversation hanepired and ix horoby disclosed and made a part oCthe re rd G~1 F ff/P .1 c~~/~2 c rL F~ . fK~VSau a~ ~? vT_._N JLtG ~ $~{.z!-s ¢ !c i L ~ .~ ehiz a ~ ~; ,v 4 in ~ - 6 , _ ~l At__t~~._,.x'lLBC._q.__._bZun,. .'t-Gciel_f_/~na:.,,5. ~l; tcPapmirnece=rmv> .. - .----- r''14i' s (,pyw.,;,~,_7>~:yf~j Date ~ e