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CCMtg06-26-00WSMinI.ONGWOOD CITY COMMISSION Longwood Ciry Commission Chambers 1]S IU. \vnrren Avenue Longwood, Nlorida Work Session MINUTP.S June 26, ?A00 PRESEN"1': Glnyor Paul LOVesrruad Dcpury Mayor Butch Bundy (aaived at ]:0] p.m.) Commissioner Dan Mdcrson Commissioncr)ohn G \faingor Jnnn J. Dmgn, city Admmiatator Rerlin U. Baswoah, Deputy Ciry Clerk )nY Sargenr, Ciry Planner, Phnning Div, Community Srrvirns Dept. John h[cphecson, E.sq., Coffey and M1fePhwaon, Attomeya at Inw ADSENt'. Connnissioner S~evc Miller (cacused) 1. CALL TO ORDER. 11ae mnyoc open J a avock sassion at ]L] p.m Con er Mders ved w uspend the n~les. Seconded by Depnay Mayor 6nutly nntl passed lay voce vore 4~0~1~ avith Commrssaoner Miller absent. 2 REVIEW THE ADMINISTRATIVE PROCEDURES SECTION OF Tk1E PROPOSED LAND llEVELOPMENT CODE WITH DAVID COPFEY AND JOHN McPIIERSON~ ATTORNEYS AT LAW. M1lr. Drngo waled rant Mr. John McPheaon avould presenr the d~~ of the Adminismdon section of the proposed nesv IanADnebgnenr Cods this avas one of the most cnncvl issues ns'a dicrvted the pro<cu in Longwood relative ~o planning, vvnances, approvals, and the like, i.e, srcenmlining dac pcoeess while mvinroining its in~egriay. Mr. McPherson, partner vt Coffey and IalcPhacson, aura working closely with Ms. Easley, parriculndy vith mspec o the ndm ve pwcedur sed to miss the dec s ~hvr cssary ro mplwn ar tlac subsc requir of she Lnd Developm ar Codc (LDC)~D Cy av crrying make the doe mplc as poaaible, whle at thes aolirlaringall procedar nc tLnc con a~uhln onascalorm and~ro the mvxlmnm mxamrpcvsslblo, have Mu feavrsr numner of pwcedoml take possble when the Commiuion neMed ro mvkca decision'u, the land use area. 'I'wentysix (2G) ditTeren[ pcoccdunil risks w red throughout tha ring LDC. A Comprclae ve Plnn (Comp Plan)sc tnc~ land use polity for Me'ryciadica .The ideaw -hert [the Comp Plan unA the oaenll Zoning Code-all polices dealingavitl~ la ad usa issues warescr forth in (hose nvo CC G-26-00 \ 982 Aoamnnts. \vhat a Ciry (ward/committee came ro v decision on a devrJopmunt phn or pannit of any kind, they mere not cmadng polity, but rather, they were taking estvblished poliry:u+d applying it m thv owner of Ac property. '1'Fnt, would be a gvasljudicial decision. M1lr. [vlcPher n: uing poinmd out Cher ur basic pmcedm espleining Msic dec - m:ddng. Task I ~ antvpplicadon would be Elyd with stiff, and sluff would decide the issve;'1'ask 21 Quui~fudicial decisions, i.e., taking policies adopred'ut the Comp t'lan or Zoning Codc and applying tlran uuGvidud si whew widen oulJ bet ved msdndec nude basal upon tl+at evide ce for the Cig Commission, Idod Plming Agency (LPA), HisroticnPtesrrvation Hoanl (hIPH), Hoard oEAdusnnent (ROA)];'fask 3-Legislative decisions, tlsat waa sceting the policy dsnt nppevrs in the Comp Plnn or the Zoning Code; and'Pnsk q-Appeals -those need to be decided on what decisions mvdo nt dto local Ievcl could be nppatled wiehoutgoing m more Mayor Lovasmcnd believedthis Commission Fud madea decisionrohove appeals. His personal pFilosophy was stuff slsould ncacr have the lactword, tltcre ought ro be e'mzen revimv, at leue the Commission or another board/committee. Atr. McPherson poimed out the Commission would have eo decide what pmcedua(s) it wanced imposal. He naa reviewed hix Fandout Norire Opriaru Cirnvtr/y in Cade, /Senron 9.OO.OG Nar(aJ which were rLla/ed Norire, PwGLrArd Norire, Sire Pasri,g Norire, and Porrir~gm Gry i-laU 'l'he neat Inndout dixussnd was, Dee lopmem Pe ~ s i licv'e`v where rlse decision would be made by stuff which could be oppedal ro tlce HOA. In que ring se end exchanging idces, Cow espressed dtc: es4 m+d exphincd dteir rasonvle, foe the phcement of n dme knme~on the Itavicw and Decivwn by Smfknc oppose) to no prescdbed~length oftime" as lisred on tlce second hoodoos as well as who should receive rbc rcque r [or rcv:s:ons from sta¢. Convmiseion consensus that upon submission of a complete application, there ould be 25 days for review vrd decision by etvtt; and, sta¢rcgoest for revisions abould go to the agevt of record as well as to the pereon(s) he/sbe was repre en ivg. 'l'he Development phn liniew lGAerz Farrno[Ite+iew itegrcarod turd the Developn tt Pl Itw ew IlvAerc Pomiur 14ri<w Nat Regrcrrtedwere nest reviewed. Tree procedure would be:ean Application would be riled, there waulai be 5 workings days for the Complemness licviecv by SrafE, if incomplete, vould be sew bock for revisions, when resubmitted the Complemness lieview by Staff period vould be®n again. Onccan appli:.ztion wm determined Co:nplem, staff would Fave 5 working drys t which ro sand ~e mailed Notice ro Surounding Owners aitlrin n radius of t5o katadvisingwhm was being proposed vnd that nc~y have the right eo request a Ponnal Review cvitltin ttl days of dse dote of m ling, l reque ved, rhea ri+c ould bee a Itev vnd Dec by SC¢fwithin Ssvorking daysw5hould tltue bee POUnalcltequest for Rev svtdsin the l0 ctry puiod, than the oulJ bo o be heard vt tlto : vailable Com r n nag, allowing -or the required Notice. Vlhe Cnmmis~sion will hold, ss required by Ilorida Imo, a quuiejudici:d he: ring. Commixsioners discussed proper Nonce to cidzena posnng Notice on li,e pmperry, Notice ro surrounding owners, what would be tFC xppropdntc distmree For noticing, would those whhin tlnt CC 6-2G-OO \ 98J speahed ~aamt nave prnfarnnen in roq~etnng a hraeng at d,eywnnld bra the nnet who wnnld be monafmrtcd. enmmitsinnw Ananrson su~esrca a wain[ of lsh feet foaetiaantial de.nmpment and a Soo root meat [nr ono-tetmeminl. eommittromrt aitrottna eo,nmiatmner nndcrson. snggesaon ana developea a rnnsen.ns. Commission consensus.vas that the appropriate ntlius was 150 feet it it was for widen ial r, and a 300 foo us for esidential and oNy those people within the Notice wren conid regnes[ a hearing. N[c. McPherson inquircA if the Commission wanted ro post the Notice on the site. Commission cmtsensus wns W a[ if one of arose persons within the 150 and/or J00 fool radii requested a hevdng, [ben sniff would se[ are Cmnvnisslon heating dram, post the site, mrtl advertise tl~e public hearing. Alr. McPherson pointed out the LPA has been rd:en oue of the development plan review process. "Ihe LVA was m be d®ling.vitn Zoning policy ana Phoning issues, not Sim Design issuef Mr. Drugo ecplruned the cvacnt process rook en applicmt.seven months to gee n Building Permit. Nle Mcpherson askew the Commission if n h<~adng.vas ruryested, .chat manner of Nonce did it wish to give of a Ciry Commission public he;aing. Discussion ensued witlt the types ot; rvrd impact of, NOiice misled-would revdt d,e surrounding property ow ;wave sea-whilei :t legal requir nby people posred at s,re-m st people tnamvould be inmresmd would sev n, and[posted n try Ball. Nlr, McPherson [ought further iarihwrion-single-family oc duplex subdivisions only requires t50 feet; everything else would be non-residential, 300Icet. Mayor Lovestrvnd brought a question from "an attendee to light, i.e, the issue of Group Homes, oting the issue[ tltat arose from a Group Home rlevalopnront several ycnrs buck in ant nearby residents ware upsetberyuxe d,ey .vets not given vtougls nonce. He pointed oue tint onv rould hav op ro thre or four elduly pane ,their ho without being required m hav a Scve lice if one.vu,md ro tike rare of eldvdy people. TTosc were the cases when the Comm scion wanmdaro make sure dare wns good aavettisemem-so it;s noticed may in the process. Mc Satgant said dtat.voula be consideaeJ multi-Enmity which.vu not a sin~~fnmily or duplex, whirh would mn,n ,t was dacslhrd v non residential. Air. AcPherson clariticd. if all it was was a subdivision for singie~family or tluplex s, amt only requimd a 150 foo radius for Nat ring. Everyddng else - nultit-family, group humus, hotels, ail dtose kinds of things [bat [eight be celled rsidendui ur non-residential or i[one were vot sure, vll those, [or Nodciug, oultl be 300 feet. Measurcmeut would he Rom the perimeter of the property, not Rom Ne ten er point. CC G2G00 \ 98A Mr. Drngo eked if Ms. Easley's proposed land use designations could be used as the guide. If she hvs one tharwvs Lose Dcarsity, which, basically, coven residential and everytlring ove<and above that would be 30o face Uisavssion mndnueal on the Deadopmene Pbn lievicw Whuv Normul Rerdnrr Not Itegrrenad with respect to tl;c rime Commission would allow for Review and Decision by Sat}. Me Sargent oared in the past it required between JS ana 60 days foe stiff to ceviesv and make irs decision at which point the nppliranr could get irs Constructlon I'ermie. Commissioner Maingot ehonght d5 days could be a reasonable tune fivme. Mc. Dingo spoke ro the issue of completeness, rhere would probably be more coming back v,d -ooh with additlonnl infonnacion, rcwn~es, clnrifcxriony cvlcnh;ions, and such prior m nn vpplicnnt submittingncomplete application. He FurMer suggested tl,et the time FVme be trevteduwns ~hc Developm r; {'er it Revie and that was chat the clock sa teal o ach nine the applicant brought balk thcirmiocumvrns for d,e completeness review by stnfEw c Mr. bargent replied under that scenario stiff could accept the 5h day time IN,it;w proposed ray Commissionar Maingoc Coro m q5 day time Bmir for Itrwrew and Decision by $ta(P Wl ere Farn rs! Review Not Regerested. Mr. McPher raddressedtha H~stor~Presety ran AwM AppGcar'onJor D.moGrim~orAUnmian Ica„eimr„ts su,r rr,~ hraynr Loeestrana d,nnght the ordinance whim rat rap d,e 1 n=A ahnwd be rnvir<vna wid, rnspecr to thrir purview as d,e HPA seemed ro be along on pmje<n whivb wain not inundated ro it. hlr. Mcpherson noted ehe laving Code mode reference to Ordinance No. 9B3 ndoptnl August 20, 1990 wherein i[ stores "Tlx tiurorie Praerwriorr Bmrd orated lry OrN'rmr¢e No. 983 it na+dAarizeAar rat fmfAhemv." He referencetl the Lw,d Development Code, Hisroric Preservveon Board, Secdon 2a- tf5.U3-Arnhority. An attempt st fnahcr clarification ofwhat should be the proper role of the FiPd was not Flushed ant nued discussion of Section 2585 in the LDC; thuefore, Mt. McPherson offered m put the "old"language buck in ehe Code. Mayor Iuvcvtrvna, was in favor of the "oltl" language. Deputy Mayor Aundy, Commissionea~John C. Maingot and Gommrssionet Dan Mderson were in favor of the"new" Ivnguagc mayor Lovestrrnd said rhrce Commissioners preferred rbe "new" Imgnage, leave Mt. Drngo cpluinea the time F me was crafted on [hc premises that it svgs tltc consensus o[ thu Commission, nr Icisr in tl,e Hisroric Disnicr, them he morespecitic Dosign Sranduds. "t'he Do'ign gwndards wrrently in effect.vere not"spccitic;' nc~y were opur ro intcrprennion. CG G26-00 \ 985 Mayor Lovestru~d cdkad eo die Topic of n Mawr Plnn being developed by v eonsuitane rat d,e Idistoric Distnctand it war deemed hipf,ly nppmpn: [e for [he FlPB to have l 'input 41r. McPhCnon asked d,e Commission its pceferance for Noticing ofan HPB meeting. Postivg the site, especially if o "contdbutivg sttuume" avd posting Agenda at sty xau. SmillScAe Innd Use Mal Amendment (10 acres or lus) we or discussion Ms. E~ssley seas pmposingrhat the Cry no longer have u Zoning hfap, hue siinplyatFlmrc Lnnd l'se Mlnp. Mvpoc Lovestrandsrared he believed tl,e Commivion had already given consensus on ~hnt. Mc. McPherv uing, said the City would be undo pro oECl,nptec 163 celatlng to mendmenn of d~e Coinp Plea. Since the Statute has provisi~ Tall-scale landuse map mendmenq if itsvere a typial simadon, where someone die noe' theic aiacnt Ivnd usa designan and i[ under l0 n~ ana the _ ^~^ .the City would eve his die same asait svonldan ordi~ancxl and, Ploic, ~. ua,i to -mquirmd Mar cenain things be done, smFfwould Cnllov ~hnc hlr. hlcPhecson said if the Commission wonted posting, that mould need to be esplicitly sated in the ancnment a»d hewnnla do tl,at. Commission conaensna dwt Noticing would be as requimd by Florida Smmte, phis posting of site. Mc M1icPhetson nomd d,e hrst m~ading of tl,e ordinvnce did not have to ben public baring He suggested the svfest way svis co have tl,e hewing bMOre the LPA, then send ie ro tl,e Ciry Commission, whero they would have the first ronding,vhue tl,ere was no public hearing end the second radingwvv tha public heunng. Commissimt eonsensue was to have Mr. McPherson write iu the procedure, wbtch was drat them would be a hearing before the LPA, dser, the hem would me be[ore the City Commission who would have a first reading, with no pub4cobearing, and then have a second reading/public hearing, as well as directing Mr. McPherson m add "that site inns[ be posted." VV ri and its Steps, iini2 and Cnnraie~msec~ions,vas tl,e next mpic addressed Commission discussion dealt wish the nun,bor of rimes tl,e BOA mac annually, thae the Chvaec aced the AOA,vould he established by ocdina sahetl,u of that . v she nclinn ordure vo place v Question beforo tlse voters, and svltl, d,a development of tl,e onrmvp sysmm anal s¢nnx Design Standards tl,e need for vaciancex was being diminishes. Commission consensus keep [he 150 feet for notiticarion and pos[ivg olsire; 6t ro longer adver _ Lend Use Policy Decision: tl,is would ben largescaly amensme»r-anythingod,e: d,an small-sale mendments to the tut oC the Zoning Code amendments to the rase ofnc~ Comp Phn, and any other map changes in the Comp Phn. These would go before d,e LPA- drarwas by Smture. CC 6~26A0 \ 986 c c~u-no A 9e~