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CC03-03-14MinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES March 3, 2014 7:00 P.M. Present: Mayor ]Brian D. Sackett Deputy Mayor Joe Durso Commissioner John C. Maingot Commissioner ]Bob Cortes Dan Langley, City Attorney Jon C. Williams, City Administrator Michelle Longo, City Clerk Troy Hickson, Police Chief Craig Dunn, Information Technology Director Chris Capizzi, Leisure Services Director Pam Barclay, Finance Director Sheryl Bower, Community Development. Director Tom Smith, Streets & Fleet Division Manager Wanda Broadway, Human Resources Director Chris Kintner, Planner 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 7:00 p.m. 2. SILENT MEDITATION FOLLOWED BY THE PLEDGE OF ALLEGIANCE 3. COMMUNITY ANNOUNCEMENTS. Ms. Longo read the following announcement. A. The "Downtown Longwood Cruise In" Car Show will be held on Saturday, March 8, 2014 from 5:00 p.m. until 8:00 p.m. in the Historic District of Longwood located off of Church Avenue. 4. PROCLAMATIONS/ RECOGNITIONS A. District #5 Presentation of the Business Person of the Month Award for March 2014 to Alexander Dominguez, Owner of Alex's Cuban Cafe. CC 03-03-14/1 Mayor Sackett read a brief biography on Mr. Alexander Dominguez and presented his wife with the Business Person of the Month Award for March 2014. Photographs were then taken. 5. BOARD APPOINTMENTS A. At Large Nomination to the Land Planning Agency. The nomination was deferred until the next meeting. 6. PUBLIC INPUT A. Public Participation. None. 7. MAYOR AND COMMISSIONERS' REPORT District #5. Mayor Sackett said he and Mr. Williams attended the Mayors and Managers Meeting and there was a presentation by LYNX as to what is going on with that service. He said they were very stunned to hear that LYNX buses would only be coming down State Road 434 and would not be pulling in to the train station. He said it would be a three block walk to the train station. He said he spoke up and said that is not acceptable for many reasons. He said the next day, after some emails and support from one of their County Commissioners, Bob Dallari, LYNX said they would be pulling in to their train station. He said opening day for baseball was this past Saturday, and the fields were in the best shape he has ever seen. He gave credit to Mr. Capizzi, the Leisure Services Director and his crew. He said the only flaw was the parking, and it was a nightmare with 3,000 people there. He recognized Officer Gonzales for the fundraiser held at Romansa Cafe, 140 South Highway 17/92 honoring a slain officer from Orange County, and in one day the Police Department raised $10,000 for the family of that officer. He said he cannot wait until Reiter Park is able to put on music celebrations similar to what Casselberry is doing with their Jazz Festival. District #1. No report. District #2. Deputy Mayor Durso said he would like an update from Mr. Capizzi and Mr. Williams on the status of their agreement with the Seminole County Public School Board and Lyman High School on the potential for using the facilities there for summer parks and recreation programs. He said there had been discussions on the potential for using the pool and turning it into a community pool. He said there would be financial benefits for both sides, so he would like to see where that is moving because they are approaching spring and summer months. District #3. Commissioner Cortes asked if there are any plans for the fire administration building coming up in the future. Mr. Williams said he understands there is some interest from a not -for - profit -group that may want to occupy a portion of that building, but no agreement has been signed. He said they would like to take a portion of CC 03-03-14/2 that facility and convert it to storage for public records:. He said he has seen it in other cities and made a suggestion of portions of it becoming an art gallery to bring in local artists and open it up to the general public on the weekends. He said this is another option to look into and see if it is possible. 8. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None 9. CONSENT AGENDA A. Approve Minutes of the February 17, 2014 Regular Meeting., B. Approve the Monthly Expenditures for February 2014. C. Approve a budgetary transfer in the amount: of $8,293.46 from General Services Contingency to General Services Capital account line and approve a purchase order in the amount of $8,293.46 to CDWG for seven (7) units of the HP EliteBook 850 GI laptop computers. D. Approval to surplus and trade in two (2) severely crashed 2013 Ford Police Interceptor vehicles to Bartow Ford and replace them by purchasing two (2) 2014 Ford Police Interceptor vehicles. I� E. Approve a purchase order in the amount of$3,800 to DixHite & Partners, Inc. for the development of a workshop on the future design and construction plans for Reiter Park. F. Approve a bid award for ITB #15-13 for Devonshire and Harbour Isle Drainage Improvements and subsequent issuance of a purchase order in the amount of $160,797.23 to Danny Martinez, Inc. Commissioner Cortes moved to approve the Consent Agenda as presented. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. 10. PUBLIC HEARINGS A. Commission to hear public comment and perform a conceptual review of requested deviations from City Codes for Weston Park Apartments (Wendover Housing Partners, Applicant) a Planned Development (PD 01-13). Mr. Langley read the Item and the statement on Quasi -Judicial. lie said anyone wishing to speak on behalf or in opposition to the Item was requested to step forward and be sworn -in by the City Clerk. Upon being sworn -in, if they have not already done so, please complete the: forms for Request to Speak during Public Hearings, CC 03-03-14/3 I - — -- - - - --- — J return the completed form to the City Clerk prior to speaking on the Item. The applicant shall have the right to cross examination all persons speaking concerning the Agenda Item, and those persons shall be allowed to cross examine the Applicant. Mr. Langley then swore -in City staff, the Applicant, and those wishing to speak. He said it is customary at this time for any Commissioners to disclose any ex-parte communications they may have had on this project. Mr. Langley said incorporating for the record by reference the City Commission's Special Meeting from July 25, 2013 on Conceptual Review of the public plans submitted prior to an application for this project incorporating by reference the record from that Special Meeting. Mayor Sackett, Deputy Mayor Durso, and Commissioner Cortes said they took a walking tour of the property with the developers and city staff. Commissioner Maingot said he was the exception. Mr. Langley said it is appropriate at this time for staff to make their presentation. Ms. Bower said this is the conceptual review of the deviations the applicant is requesting_ from the City Code. She said because of the plan development process, the Code provides the Commission with flexibility considered deviations from the Land Development Code for approval and memorialize these approvals as part of the `J development agreement, but because some of the things they are requesting would significantly change the plans if they do not receive the deviations, they thought it would be a good idea to come before the Commission and get some conceptual feedback and approval on a number of the items. She said the review they have done is based on the January 29, 2014 submittal. Since that time, they have received another submittal last Monday. She said they had already submitted their staff report and feel that even though there were some changes to it, the overall concepts they brought forward have not really changed. She said they came up with their recommendations by looking at the code and also speaking with the various Commissioners. She said they have broken down each of the items, and there are eleven (11) of them, into three (3) different types: ones that are approved if modified, and those based on discussions, and based on code. She said they feel it is more critical and more important to the vision in maintaining the code. She said they would really like to go over those tonight. She said the other two are acceptable, and while they do not really have a problem with them,. they would like to be able to take those off the table tonight. She said they would like to go over the seven (7) items they feel are approved if modified, and one other one that is, about a right-of-way. She said to save time, CC 03-03-14/4 L- they would. like to go over the critical ones, and if there are not any under approved if modified, they can bring them up. Ms. Bower said she is turning the meeting over. to Mr. Kintner, who will go through these items. Mr. Kintner went over each item and stated they tried to group them by subject area. Ms. Bower went over staffs recommendations for each of the items. Mr. Langley said what is in the staff report disclaims and discloses to the public and the applicant that this is a conceptual review being performed as part of a planned development process in that essentially the comments and actions are conceptual in nature and are not final. He said this is not a final hearing and this project would have to be subject to site plan approval, plan development approval, development agreement approval. He said a development agreement would require a minimurn of two public hearings after a development agreement is before the Commission, and there would be multiple public hearings. He said the purpose for this process is to provide the developer and staff guidance from the Cormnission on the waivers. He said one thing; that is requested, to the extent they make a motion to approve conceptually any waiver or deviation that they incorporate by reference the disclaimers that are contained in the staff agenda. Tale said there are some areas of this project that Ms. Bower disclosed that are not actually under the ownership of the applicant. He said they are owned by the Department of Transportation and/or Seminole County and the City of Longwood, and potentially others. Since that is the case, the applicant would need to present to the City consent from all the property owners to the specific development plan with which they wish to proceed. Mayor Sackett said for the record, a conceptual review is what they are accomplishing tonight. Deputy Mayor Durso said he wants to be clear on what was just said. He said this has got three or four more stops before them, and in addition, anything that they do or the developer does would have to be approved by Florida Department of Transportation (FDOT), :Florida Transit Authority (FTA), Seminole County, and others. Mr. Langley said the applicant has to present that they have unified ownership of the property they wish to develop. He said the public/partnership idea of this project is not the nomial way projects proceed before the City. Usually the applicant owns everything and presents their project. He said the developer has CC 03-03-14/5 been working with various agencies to try to come to some agreements on the shared use on land for parking. He said those are draft forms and would have to be executed, and they would need approval from those agencies to allow the applicant to seek development approvals from the City for land that they do not own. He said they could tie that in to the development agreement where it would not be effective until certain agreements are executed and recorded with those various agencies and property owners, or they could require a letter from those agencies saying they are okay with the Longwood City Commission considering this project. He said they know it is their land and subject to final approval. Deputy Mayor Durso said they have to show agreement with the other parties. Mr. Langley replied in the affirmative. Mr. Langley said the applicant is now allowed to present their case for the requests for waiver and deviations from the code. Mr. John Cunningham, ACi Architects, 155 N. Pennsylvania Avenue, Winter Park, said he will be presenting a summary of points just discussed, but with the most.recent drawings on file. He showed a site plan showing Church and Myrtle Streets east/west and north/south, and also Jessup. He went through the various items that Mr. Kintner and Ms. Bower discussed previously. Mr. Jonathan Wolf, 1105 Kensington Park Drive, Altamonte Springs, said he believes they modified around, staying on that portion of Jessup. He told the Commission about his trip to Washington, D.C. with the Federal Transit Authority (FTA) and Florida Department of Transportation (FDOT), who both said they liked and approved the plan. He also told them about the ribbon cutting he attended in Winter Park that day for the first train station opening. He said he took a tour of the Florida Hospital apartment site where he talked with other developers and they shared ideas and concepts. He said he then went to Lake Mary train station and shared that he heard many people say they were looking forward to being at the Longwood train station opening. Mr. Langley said it would be appropriate to go on to public input at this time. Mr. Tom Redditt, 835 Maraval Court, Longwood, said he has lived in Longwood for thirty (30) years and owned a retail business in the historic district for eighteen (18) years and has seen many CC 03-03-14/6 changes in the historic district, but the continuing theme is that the City of Longwood always insists on top quality in everything done. He said they now have paved streets with sewers, a first class Longwood Community Building, and a first class war memorial in front of the police station, and work on Reiter Park is progressing nicely. He said since the announcement of the SunRail project the citizens and merchants in Longwood and particularly those in the historic district have been excited about the potential economic enhancement for the district. He said considerable; tax payer money was spent to hire professionals to develop City Code called the Historic Village Redevelopment Strategy (HVR.S). He said these codes were created to ensure development would get the citizens a quality product compatible with the original vision of the historic district. He said the development under consideration of Weston Park does not in his opinion comply with the vision and codes established by the HVRS. He said it appears the proposed project is asking Longwood to drop its standards in order to maximize the profits of the developer instead of giving the City a high quality, upscale construction project that meets or exceeds the standards set by the City code. He said the development area adjacent to the SunRail station is a prime location because it is directly across from the SunRail station, and what is built there will set the stage for what comes after and sets the tone for future development in the area. He said if corners are cut and standards are reduced on this project, those same concessions will be requested by future developers. He said Longwood has only one chance to get this right and reducing the standards is not the answer. He said according to the original vision, they were all expecting an,apartment building with charming structure to fit the district with retail space to accommodate the commuters and residents. He said it appears to him that what is being proposed is an average apartment building that could be built anywhere with small sized apartments and no adjoining retail space that was promised with inadequate parking and pedestrian accommodations. He said this will be a building the citizens of Longwood will be stuck with long after the developers have made their profits, sold the property and moved on. He suggests the project be rejected unless sufficient compromise for all the codes established by HVRS can be met with very few variances and which complies with the original vision of the Historic District and the SunRail station area. Ms. Judi, 280 W. Warren Avenue, Longwood, said she was not in favor or against this project because what was presented tonight is no longer what was presented by the developer. She said sheds disappointed they did not take the time to incorporate those changes to get a realistic look at exactly what is being proposed. She said it sounds like some of the sidewalks have been addressed, CC 03-03-14/7 but the main reason she is speaking tonight is to scold them. She said there was very little publicity regarding this meeting. She said this'is a big project, and it is not fair. She said she watched Fox 35 News before she came tonight, and they had a nice story about Reiter Park and their workshops, a $400,000 project. She said a $25 million project is being ignored. She said they need to do something to get the people in this community involved. Mr. Greg Vanatta, 305 McClintock Street, Longwood, said he has served on the Code Enforcement Board and currently serve on the City of Longwood Pension & Disability Board. He said he agrees with the two previous speakers. He said he has been a CPA for almost forty years, with the bulk of his work being in the real estate development and the construction industry. He said he is significantly disappointed that the developer did not do better due diligence. He said he was told the City of Longwood has spent over $900,000 of taxpayer money during the past several years regarding all these ordinances and code changes, etc. He said there should have been better due diligence by the developer and construction companies. He said if the City was serious enough to spend $900,000 of their money, then they ought to be serious enough to hold the developer and construction contractors' feet to the fire and, build the project according to these historical codes that have been revised recently with the help of all these consultants you hired. He said they should pay attention to other areas around the. county with their development because they have to have some retail projects attached to their parking garages and stations in order to make it a real "go" for the long term. He asked if the project was qualifying for Section 42 Housing Tax Credits from the State of Florida Finance Corporation. He said he has not heard that mentioned, but is curious about it because that is a seventy percent (70%) federal tax credit that is a tremendous plum for most apartment complexes across the country and especially the State of Florida. Mr. Langley said it would be appropriate for the applicant to address any comments that were made by the public if they choose. He said before they do that, the Clerk handed him a copy of the notice that went in the newspaper, was advertised on February 20, 2014 with a very large ad. Ms. Bower said they had a couple of comments and clarified the parking spaces and code requirements. She said Ms. Putz mentioned about them not going back and looking at the revisions that came in. She said it would not have changed their recommendations because they still want to see eight foot clear sidewalks. CC 03-03-14/8 Mr. Langley said at this point it would be prosper to proceed with the Commission's discussion. Commissioner Maingot moved to close the public hearing. Seconded by Commissioner Cortes and carried by a unanimous voice vote. Mr. Langley said they can discuss the items in order or by categories. Mayor Sackett suggested to go through the items by categories and they are any item that is approved if modified, acceptable, move. Commissioner Maingot moved that we deal with this matter in sequence, Items one and moving forward based on staff s recommendations, approved if modified and other comments forthcoming from other Commissioners. Mayor Sackett asked for a second to the motion.. Mr. Langley said this motion is a procedural one to deal with these items and he is expressing his preference. Mayor Sackett said he would rather take them approved if modified and then go through the three categories. Deputy Mayor Durso asked Mr. Langley in order to start the debate, what is the motion on the approved if modified to comply with the applicant. Mr. Langley said to approve the waivers would be a motion to conceptually approve the waivers sought by the applicant and spell all the items, subject to the disclaimers of conceptual approval set forth in the staff agenda. He said that would approve conceptually exactly what the applicant is requesting. He said if -they want to incorporate what the staff is suggesting, the motion would be different. He said it would be to conceptually approve, subject to the revisions requested by the City staff and the disclaimers and conditions of conceptual approval, and then set forth all the items they approve. He said they may want to consider doing this one - by -one because they may want to get Ms. Bower's input on each of these items. Mayor Sackett said they are going to do these individually with a question and answer and then make a motion. Item 1: Requests resulting in a reduction in the size of street sections, sidewalk width, and setbacks. I CC 03-03-14/9 Discussion ensued on Item 1. Commissioner Cortes moved to approve Item 1 as approved if modified by staff recommendation. Seconded by Deputy Mayor Durso. Mr. Langley said this would be subject to the disclaimers, conditions and conceptual approval set forth in the staff report. Motion carried with a unanimous roll call vote. Item 2: A request to reduce the minimum unit size from 850 SF to 657 SF. Discussion ensued on Item 2. Deputy Mayor Durso moved to approve Item 2 with the waiver requested by the applicant subject to the disclaimers and conditions and conceptual approval set forth in the agenda memorandum. Seconded by Commissioner Cortes and carried by a three —one (3-1) roll call vote with Commissioner Maingot voting nay. Item 3: Requests resulting in a deviation from connectivity and liner building requirements of the Urban Code. J Discussion ensured on Item 3. Commissioner Maingot moved to approve Item 3 with the recommendations from staff subject to the disclaimers and conditions and conceptual approval set forth in the agenda memorandum. Discussion ensued. Deputy Mayor Durso moved to approve Item 3 with the waiver requested by the applicant subject to the disclaimers and conditions and conceptual approval set forth in the agenda memorandum. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. Item 4: A request to provide no loading zone. Discussion ensued on Item 4 Commissioner Cortes moved to approve this item to be negotiated as a development agreement and subject to the disclaimers and conditions and conceptual approval set CC 03-03-14/10 forth in the agenda memorandum. Seconded by :Deputy Mayor Durso. Mr. Langley said what they are saying is this is an item left open and is subject to further negotiation. Motion carried with a unanimous roll call vote. Item 5: Requests to reduce the number in size of parking spaces. provided. Discussion ensured on Item 5. Deputy Mayor Durso moved to approve Item 5 as presented with the adjustments requested by the applicant and subject to the disclaimers and conditions and conceptual approval set forth in the agenda memorandum. Seconded by Commissioner Cortes and carried by a unanimous roll call vote. Item 6: Utilization of public right-of-way for private permanent structures. Mr. Kintner said this item covers anything that is in the right-of- way, so it is sidewalks, monument sign, landscaping, anything shown in the right-of-way. Discussion ensued on Item 6. Commissioner Cortes moved to approve Item 6 per the request by the developer and subject to the disclaimers and conditions and conceptual approval set: forth in the agenda memorandum. Seconded by Deputy Mayor Durso and carried by a unanimous roll call vote. Item 7: A request to exceed permitted density by 1.4.5 percent. Mr. Kintner said the applicant had a miscalculation on their site plan as far as the acreage, so what they have been working off of was their site plan that showed a 45.81, which is where that 14.5 percent came from. He recommends the calculation they had in this presentation, which was 47.97, is what the discussion should be on. Discussion ensued on Item 7. Deputy Mayor Durso moved to approve Item 7 with adjustments requested by the applicant and subject to the disclaimers and conditions and conceptual approval set forth in the agenda memorandum. Seconded by CC 03-03-14/11 Commissioner Maingot and carried by a unanimous roll call vote. Item 8: Requests allowing back -out parking and trash pick-up on Myrtle Street. Commissioner Cortes made a motion to accept staff s recommendation for the negotiated development agreement. Seconded by Commissioner Maingot and carried by a unanimous roll call vote. Item 9: Requests to reduce the massing requirements of the third and fourth floors and increase the maximum first floor height. Deputy Mayor Durso made a motion to approve Items 9 and Item 11 as presented and subject to the disclaimers and conditions .and conceptual approval set forth in the agenda memorandum, since both staff and the applicant agree. Mayor Sackett said Item 11 is a request to allow a monument sign. Seconded by Commissioner Cortes, the combined motion for Items 9 and 11 and carried by a unanimous roll call vote. Item 10: Request to reduce the amount of landscaping provided. Commissioner Maingot made a motion for approval of Item 10 with staff recommendations to be negotiated at development agreement and subject to the disclaimers and conditions and conceptual approval set forth in the agenda memorandum. Seconded by Deputy Mayor Durso and carried by a unanimous roll call vote. Mayor Sackett thanked Ms. Bower and her staff for all their efforts and meeting with the developer to make this something they can be proud of. Commissioner Cortes said when they first started they had 29 waivers on the table, and through the work of staff they whittled them down to these eleven (11), and he commended them for their efforts. Mr. Wolf said he wanted to thank everybody for their efforts also and said it has been great to work with everyone. 11. REGULAR BUSINESS CC 03-03-14/12 A. Deputy Mayor Durso requests City Commission discussion on the property located at 402 East Maine Avenue. Deputy Mayor Durso said this particular item has drawn more attention than it was intended to. He said this is to let the Commissioners know that as the District Commissioner that is affected by this situation, he is working with Mr. Law and the residents of the neighborhood to try to bring this in for some kind of solution with all parties involved. Mr. Sean Law, 402 East Maine Avenue, Longwood, said he had a petition he would like to hand signed by people in Longwood.. He; discussed the core claims regarding his issues. Mr. Chadwick Brown, 10118 Holcomb Court, Orlando, said he is convinced they are on the verge of economic and ecological collapse :from genetically mutated plants and animals. He said their soils are being polluted and their economic situation in their country is collapsing. He said other cities are recognizing the need for use of their sovereign property to provide food for their families. Mr. Kevin Walker, 4 Deer Moss Trail, Ormond Beach, said he feels this area has a great interest in protecting the environment and deforestation and climate change doesn't begin in the rain forest or tropics, it begins in their own backyard. He said the rate at which deforestation is happening is profound and the lack of and excessive mowing we don't allow --any new vegetation growth to replace the existing trees that have poor soil and no decomposition in their environment and no nutrients. lie -said the methods that Mr. Law is practicing, are developed by many cultures especially Japanese, to provide harmonious ecosystems. He said they need to promote peace and harmony and the designs that nature comes up with and the beauty in the way that plants grow. 'He said they can learn a lot from those that don't speak words and often they get lost in the words. He said he hopes that the heart of what is being done can be seen and the desire is not to isolate but to enrich all their lives. 12. CITE' ADAUNISTRATOR'S REPORT Mr. Williams said at the last Commission Meeting, he described wanting to hold a strategic budget session after the special election on April 8. He would like to schedule that session for April 28ffi. Commissioner Cortes said that is his 30t' wedding anniversary and will be out of town. Mr. Williams said they can set the date of April 30t' as tentative and decide on it at a later date. CC 03-03-14/13 J Mr. Williams said there was a concern brought up about advertising and they will explore options to provide a greater amount of advertising for projects like Weston through the City's water bill or other ways. Mr. Williams said he has not received an update on the old Pic n Save as of yet. Commissioner Maingot said regarding the prior item that was discussed, he said there are specific guidelines that have to be followed as to exactly what has to be done and that they do not accept anything given to them at face value. 13. CITY ATTORNEY'S REPORT. No Report. 14. CITY CLERK'S REPORT. Ms. Longo gave a reminder that the March 171 meeting has been cancelled. 15. ADJOURN. Mayor Sackett adjourned the meeting at 9:36 p.m. o� Brian D. Sackett, Ma r ATTEST: is elle-Long , KIKCIerk J CC 03-03-14/14