Loading...
LPA07-14-2021Min Land Planning Agency Longwood City Commission Chambers 175 West Warren Avenue Longwood,Florida MINUTES July 14,2021 6:00 P.M. Present: JoAnne Rebello, Chair Judy Putz,Vice Chair David Gritton, Member Elias Khoury, Member Michael Dodane, Member Chris Kintner, Community Development Director Anjum Mukherjee, Senior Planner Kristin Zack-Bowen, Recording Secretary 1. CALL TO ORDER Chair Rebello called the meeting to order at 6:01p.m. 2. ADDITIONS AND DELETIONS None 3. APPROVAL OF THE MINUTES FOR A. Regular Meeting held May 12,2021 Vice Chair Putz moved to approve the minutes from the May 12, 2021 meeting. Seconded by David Gritton and carried by a unanimous vote. 4. PUBLIC COMMENT No public comments. 5. PUBLIC HEARING A. ORDINANCE NO. 21-2201 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE, ARTICLE V SUPPLEMENTAL STANDARDS, SECTION 5.4.0 SUPPLEMENTAL STANDARDS FOR SPECIFIED LAND USE ACTIVITIES,SPECIFICALLY SECTION 5.4.14.0 FOR OUTDOOR SEATING AREAS TO ALLOW OUTDOOR SEATING OPERATING HOURS BEYOND 9:00 PM FOR STAND ALONE ESTABLISHMENTS WHEN WITHIN 300 FEET OF A SINGLE-FAMILY RESIDENTIAL USE; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Chris Kintner read Ordinance No. 21-2201 by title. Mr. Kintner informed the item was in regards to an application from Twistee Treat.The Longwood Development Code states that LPA Meeting 7-14-21/1 unless located within a mixed-use building, restaurants with outdoor seating must cease outdoor dining operations at 9 p.m.when located within 300 feet of single-family residential use. The proposed property is within 300 feet of a single-family residential use and the applicant is looking to be open as late at 12 a.m.on some nights and 11 p.m.on other nights. Mr. Kintner stated this was an applicant sponsored amendment, but Staff worked with them on the language to address concerns the City had since it would affect all properties, not just this one. Mr. Kintner explained that with this amendment, properties could be open until midnight if they met standards. Standards include the proposed seating area being set back at least 50 feet from the property lines adjacent to or facing single family residential properties or if the outdoor seating area is buffered from the residential area by the primary building. Mr. Kintner mentioned that there was additional protection where the Community Development Director can require additional landscaping or fencing where the potential negative impact is anticipated. Mr. Kintner expressed that with those additional protections in there, Staff was comfortable with it. He added that as restaurants have more outdoor seating area, especially during Covid-19, Staff wanted to keep that in mind. Chair Rebello asked for confirmation that there were not many homes within the 300 feet. Mr. Kintner confirmed there were less than five homes and that the notification that went out to property owners within 500 feet of the subject property. He added that the Department did not receive any concerns and that one of the closer properties expressed support for it. Member Khoury moved that the Land Planning Agency recommend approval of Ordinance 21-2201 to the City Commission, Seconded by Member Gritton and carried by a unanimous roll call vote. B. ORDINANCE NO. 21-2203 AN ORDINANCE OF THE CITY OF LONGWOOD,FLORIDA,AMENDING ORDINANCE NO. 1019, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN FOR THE CITY OF LONGWOOD, FLORIDA, TO ADOPT A SMALL-SCALE PLAN AMENDMENT (SPA 02-21) CHANGING THE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION FOR THAT CERTAIN PROPERTY LOCATED AT 1800 LAKE EMMA ROAD HAVING SEMINOLE COUNTY TAX PARCEL ID 30-20- 30-300-007G-0000 FROM COUNTY LOW DENSITY RESIDENTIAL (LDR) TO CITY OF LONGWOOD LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Chris Kintner read Ordinance No.21-2203 by title. Mr. Kintner explained that Ordinance 2203 and 2202 need to be considered separately, but that the general purpose is the same. The property at 1800 Lake Emma Road was annexed into the City on May 18, 2020. That application was initiated by an applicant who had a contract on the property with a previous owner. That was neither the current applicant or the current owner of the property. The previous owner reached out to the City Commission about the possibility of being able to do equestrian uses since the City currently has no allowance for equestrian uses or the keeping of horses.The Commission looked favorably upon that and asked Staff to come forward with language to possibly move forward with it. Mr. Kintner explained that as it stands right now the property is within the City of Longwood, but it does not have a Longwood Zoning or Future Land Use so that needs to be designated.This Ordinance is for the Future Land Use, and every property is assigned a baseline Future Land Use,then the Zoning map goes on top of that and modifies the Future Land Use but still has to stay within the bounds of it. Many LPA Meeting 7-14-21/2 properties in the City are mirrored where the Future Land Use and Zoning are both Low Density Residential. Ordinance No. 21-2202 creates a new Zoning category and assigns it to allow equestrian uses on the property. Mr. Kintner specified that the only thing Ordinance 21-2203 does is assign Low Density Residential to the parcel, which is the lowest residential land use category the City has allowing 4 dwelling units per acre. Mr. Kintner explained that notices went out to 147 property owners and some concerns were that a subdivision would go in there, but most were concerned with the horse component which is not this Ordinance. Staff is supportive of this being Low Density Residential which is the lowest density and Future Land Use. The implications going forward are that if this were assigned Low Density Residential but the Commission were not to approve the second Ordinance with the County Estates zoning, this Future Land Use would be mirrored to the Zoning map meaning it would be single family use up to 4 dwelling units per acre with no allowance for horses. Mr. Kintner noted that the result or approving Ordinance No.21-2203 and not 21-2202 would result in a higher density than if both Ordinances were approved. He reiterated that this Ordinance would do nothing as it relates to horses, and would only assign the lowest density Future Land Use to the property. Member Gritton asked if voting on this Ordinance would negate the second Ordinance. Chris Kintner responded that the Future Land Use was the base level, and even if the horse discussion was not happening, the property would still need a Future Land Use assigned to it. Chair Rebello asked if the City needs to have another Future Land Use saying County Estates. Chris Kintner replied in Ordinance No. 21-2203 we refer to is as being a sub-segment of the Low Density Residential (LDR) zoning. It is more typical to see Future Land Uses where you have multiple zoning categories under them. Under LDR we would have 2 LDR zonings of different densities. Chair Rebello stated that this was County Low Density and switching it to City Low Density, which Mr. Kintner confirmed. He also added that the County Zoning for the property was A- 1 Agricultural. By adopting this Ordinance, it would be a Future Land Use of Low Density Residential and the zoning would mirror the Future Land Use. Vice Chair Putz asked if they were allowed to have horses in A-1. Mr. Kintner replied that they are allowed to have and board horses, but not do lessons, commercial boarding or equestrian use. Marie Pierre-Louis,from 1820 Lake Emma Road, Longwood, FL 32750 voiced concerns about Ordinance 21-2202. Mr. Kintner reiterated that this portion of the public hearing was for Ordinance No.21-2203, and that the next Ordinance addresses the horses and would be the one she wants to speak on. Chair Rebello closed the public hearing. Vice Chair Putz moved that the Land Planning Agency recommend approval of Ordinance 21- 2203 to the City Commission,Seconded by Member Khoury and carried by a unanimous roll LPA Meeting 7-14-21/3 call vote. C. ORDINANCE NO. 21-2202 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE DISTRICTS AND OVERLAY DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGNS, TO CREATE A "COUNTRY ESTATES" ZONING CATEGORY AND ADOPTING A ZONING MAP TO DESIGNATE AND REZONE THAT CERTAIN PROPERTY LOCATED AT 1800 LAKE EMMA ROAD HAVING SEMINOLE COUNTY TAX PARCEL ID 30-20-30-300-007G-0000 FROM COUNTY AGRICULTURAL(A-1)ZONING TO CITY OF LONGWOOD COUNTRY ESTATES (CE); PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Chris Kintner read Ordinance No. 21-2202 by title. He explained that this creates a new zoning category under the LDR Future Land Use which is a high acre, high minimum lot size, low density development. It allows for 0.25 dwelling units per acre,working out to one single family home to a 4 acre minimum. The development code has no allowance for keeping horses or equestrian activities. This would create a restriction where you must have the larger lot size to do it and set up certain standards for horse boarding and riding stables. Mr. Kintner explained that this was a draft ordinance and welcomed any comments.There are a number of properties on the Northern boarder of Longwood that are currently in some degree of equestrian use. The Commission has expressed the possibility of annexing some of those properties,and all of them would be precluded from that as it stands in their current use because of the prohibition on horses in the City. Mr. Kintner expressed there was a segment of people who would like to have those properties be in the City and be able to preserve the pervious use of it, rather than it become a subdivision or something similar. With Low Density Residential as the Future Land Use there is the potential to have up to 20 homes on that property, so most people with concerns found it favorable that with the County Estates Zoning there would only be an allowance for one home,as long as the horses are kept in a way that works. Mr. Kintner cited that the main premise of this is the supplemental standards of 5.4.21 and asked for any questions, comments or suggestions. Discussion ensued about the stables that have been and still are on the property and the fact that horses have been on the property historically but are not currently there. Vice Chair Putz explained that she had a background in horses and had some concerns. She stated that 2 horses per acre was too many and recommended 1 horse per acre. She expressed that having that many horses will create a sand pit due to the horses not having enough room to exercise. She also mentioned we have to keep in mind there aren't many places for horses to trail ride due to the area becoming developed. She detailed her own experiences boarding horses in this same area and her familiarity with it.Vice Chair Putz also voiced her concerns over the allowance for 10 lessons a day and suggested a maximum of 4 so the ground has time to recover. She also mentioned that the neighborhoods around it have to be considered.She noted the need for required horse friendly fencing and a separate ring to do lessons in. She suggested the need for more supplemental standards to protect both the people and the neighborhood. Vice Chair Putz also mentioned she did not think piles of manure should be allowed more than 2 cubic feet anywhere on the property because they attract horse flies. Chair Rebello asked Vice Chair Putz if it was possible there was a manure container that LPA Meeting 7-14-21/4 mitigates the horse flies until it is picked up. Member Khoury stated it could be added that it has to be put in a dumpster as apposed to having it out in the open. He added that he owned horses as well and was familiar with them. Member Dodane mentioned the Lazy Acres properties and asked if the size of the properties or current operations would restrict them from annexing into the City. Mr. Kintner replied that he wouldn't have access to information such as the number of horses per acre, but that as we go forward we could go one of two directions.One would be to come back and make changes to the language as it grows and matures and the other is to have a base level and have special use permits for extra allowances. Mr. Kintner explained that one thing he found was that over regulating it would cause unnecessary confusion because the use is somewhat different from place to place. Gregory Cockman, 1800 Lake Emma Road, Owner. He Spoke in favor of Ordinance No. 21- 2202. Mr. Cockman stated that they purchased the property with the intention of using it for the use of boarding and horse lessons as it was previously used for. He explained that they have made substantial improvements to the property. Mr. Cockman addressed the concern over riding lessons being loud. He also expressed that he believed 10 lessons per day was not too much if the property is cared for properly and put down the right surface when you begin. As far as the manure, Mr. Cockman stated that he looked into various options, such as a company that brings a dumpster and comes to remove it once it is full. There are also compost companies. He expressed that they have a trainer that has been doing this for 20 to 25 years.They currently have a fly control system in place in each stall. Mr. Cockman concluded that they only want to use the property for what they thought it was used for before and he didn't think that at one horse per acre he didn't think he could make the numbers work. Vice Chair Putz reiterated that it should be one horse per acre and otherwise it can be a mess.She also re-stated the need for the fencing. Mr. Cockman replied that they would be fencing the boundary of the property and within that there will be splitting the paddock up front. The arena is in the open space to the east of the barn. Vice Chair Putz expressed that the area has changed a lot in the last 40 years and there are subdivisions all over the place.There isn't the open space there used to be.She also advised that they need to be concerned about Danbury Mill and how this would impact that subdivision. Discussion ensued about the changes in the area over the years. Vice Chair Putz remarked that she supports the Country Estates, she just believed we need to be careful it doesn't impact the surrounding neighbors. Discussion ensued about the time frame for riding lessons and adding it to the Ordinance. Marie Pierre-Louis, 1820 Lake Emma Road, Owner. She spoke about her concerns over Ordinance No.21-2202.Some of her concerns were that the horses would be on the portion of the property closest to her property and that they would be removing the trees. LPA Meeting 7-14-21/5 Chair Rebello asked if when the applicant purchased the property, was there a price point on how many horses they needed. Mr. Cockman replied that they purchased the property on the assumption that they could use all of the 11 stalls. One would be personal and the others would be boarders. Member Khoury suggested that in order to not impede anyone else being annexed into the City,that we align what Seminole County is doing and then tailor it back. Vice Chair Putz asked about the number of horses per acre in Seminole County. Mr. Kintner responded that there were a few different categories in the County. He added that going forward they can include what other Cities and Counties have. Mr. Kintner addressed the concern over the ground being torn up, and stated that they could add language specifically about the maintenance of it and that anything else would be a violation, putting the responsibility on the property owner to maintain it. Vice Chair Putz asked what they currently add to the soil that it doesn't break down. Mr. Cockman offered to get a proposal from a business in Ocala he had spoken to on the 2 or 3 different surfaces he could put in. Member Khoury stated that he was familiar with the different footing that they have and most of it's all pervious, but its far beyond just fencing off a field and then running over it until the grass dies until you left with sand and dust. Its more or a wet sand type of material that doesn't create any dust. Discussion ensued about manure and composting on site. Vice Chair Putz asked Member Khoury with his experience, if he was comfortable with 2 horses per acre if they prepared the ground. Member Khoury replied that owning a property with horses on it isn't his expertise since he boards his, so he would refer back to Seminole County and what they do. Discussion ensued about the number of horses per acre. Mr. Kintner offered to put together a list of other community standards. He also mentioned adding standards to it being maintained certain ways. Mr. Kintner mentioned that the first reading for this Ordinance would be on Monday, July 19th, so if there was a motion made with comments he would put that together and send it to the Commission before the meeting so they would have it to consider. In the week after the meeting he would work on pulling together the information for the second reading on August 2nd. Mr. Kintner then went through his list of recommendations as follows: • 1 horse per acre • A limit on 4 lessons per day • A requirement for fencing the whole property ensuring that the fencing is horse friendly • Have a separate ring for lessons • Timing limit on lessons from 9am to 4pm LPA Meeting 7-14-21/6 • Manure be taken off site and not stored outside Discussion ensued about the length of riding classes, manure and composting on site. Mr. Cockman asked that with the motion being 1 horse per acre, when it goes to the Commission would they have the flexibility to change that. Vice Chair Putz explained that the LPA makes a recommendation to them and they decide. Vice Chair Putz moved that the Land Planning Agency recommend approval of Ordinance 21- 2202 to the City Commission with their recommendations, Seconded by Member Dodane and carried by a unanimous roll call vote. 6. DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS Mr. Kintner mentioned that next LPA meeting on August 11th will have a new submittal for a Comprehensive Plan Amendment from The Hartley.Another item that will be on that agenda is a procedural one regarding a change from the Governor to require a private Property Rights element in all Comprehensive Plans. There may also be a change to change our school concurrency element to reflect a new interlocal agreement. Mr. Kintner added that the Commission asked Staff to bring forward a proposal for a retail study update and see the impact of the new development since the last study was done in 2015. Discussion ensued over waiting for Census data in order to do a retail study. Chair Rebello asked about maybe changing Infill and Mixed-Use. Mr. Kintner replied that he anticipates we will be doing that, and at the moment we would identify our need for multi-family but he believes there will be a commercial use category. He added that we have to figure out where to allow multi-family and whether restrictions are added where it can only be done in tandem with commercial development. 7. ADJOURNMENT The meeting was adjourned at 7:18 p.m. Minutes approved by the Land Planning Agency: 8-11-2021 JoAnne Rebello, Chair ATTEST• Kristin Zack-Bowen, Recording Secretary LPA Meeting 7-14-21/7 This page left blank intentionally LPA Meeting 7-14-21/8