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LPA04-13-11Min CITY OF ILONGWOOD Land Planning Agency Minutes CITY COMMISSION CHAMBERS April 13, 2011 - 7:00 P.M. 175 W. Warren Avenue :Longwood, FL 32750 ATTENDANCE: BOARD: STAFF: Judy Putz, Member (Acting Chair) Sheryl L. Bower, ALCP, Director John R. Prince, Member Chris Kintner, A1CP, Planner Robin Thorn, Member Giselle Gonzalez, Recording ,Secretary ABSENT: Bruce E. Noyes, Chair Brian Fiore, Vice -Chair 1. CALL TO ORDER Member Judy Putz called the meeting to order at 7:00 p.m. 2. ELECTION OF ACTING CHAIR A: ACTING CHAIRPERSON Member Prince moved to nominate .Judy Putz for Acting Chairperson for the Land Planning Agency Meeting of April 13' 2011. Seconded by Member Thorn and carried by a unanimous roll call and vote with Chair Noyes and Vice -Chair Fiore absent. 3. PRESENTATION OF DEPUTY MAYOR BOB CORTES Deputy Mayor Bob Cortes indicated that on behalf of the City Commission he would like to present to the Board with an appreciation gift for the excellent volunteer work that they perform. 4. APPROVAL OF THE MINUTES FOR A. Regular Meeting February 9, 2011 Member Prince moved to approve the February 9th, 2011 minutes. Seconded by Member Thorn and carried by a unanimous roll call and vote with Chair Noyes and Vice -Chair Fiore absent. Land Planning Agency, Page 1, 04/13/2011 5. PUBLIC COMMENT Acting Chairperson Judy Putz requested Mr. David Knox to proceed to the podium. Mr. David Knox stated he lives in the City of Longwood and is the Rector of Christ Church. Mr. Knox stated that he attended the meeting to find out more about the sidewalk cafes. Mr. Knox asked the Board if he should address his inquiries during the public comment stage or if he should wait to hear Staffs. presentation. Acting Chair Judy Putz asked Mr. Knox if he wanted a definition of what the item was. Mr. Knox stated yes. Acting Chair Judy Putz informed Mr. Knox that his inquiry would probably be answered during Staff s presentation. Mr. Knox asked the Board if he would be able to add input for that item after Staff's presentation. Ms. Bower indicated to Mr. Knox that he can address item since it is a public hearing. Mr. Knox asked Staff what was the definition of sidewalk cafe and if it included bars. Ms. Bower stated that one of the questions she wanted to ask the Board was whether or not the City should allow sidewalk cafes for establishments that only serve alcohol. Ms. Bower indicated that at this moment establishments would be required to serve food and alcohol. Mr. Knox pointed out that there is an establishment already in Longwood that has a type of sidewalk cafe behind a fence located right next to a sidewalk. Mr. Knox stated that even though it is not really a sidewalk cafe it is very out in the open. Mr. Knox stated that on Saint Patrick's Day lie went to visit a business that has a parking located on Church Street. The business was serving alcohol and had two scantily clad ladies with green tops in the front entrance. Mr. Knox stated that lie did not go into the business because he did not like the look of the clientele drinking and glaring at him while he was trying to park. Mr. Knox indicated that he believes this type of business is not what the Historic District needs, especially Land Planning Agency, Page 2, 04/13/2011 1 , when it is close to churches. Mr. Knox pointed out that there are several churches surrounding this business and therefore he believes this business is not suitable for public discourse especially in the Historic District. Acting Chair Judy Putz encouraged Mr. Knox to hear Staff's presentation. She also indicated presentation would be followed by a discussion amongst the Board Members and informed Mr. Knox that it would be appropriate to address any additional comments at that time. Acting Chair Judy Putz also invited Mr. Knox to attend the Commission Meetings. Mr. Knox thanked the Board. Member Prince moved to close the Public Comment. Seconded by Member Thorn and carried by a unanimous voice call and vote with Chair Noyes and Vice -Chair Fiore absent. 6. PUBLIC HEARING A. LDCA 02 -11 Longwood Development Code Amendment Ordinance 11 -1961 An ordinance of the City of Longwood, Florida, amending the Longwood Development Code Article I General Provisions, Article II Land Use and Overlay Districts, Article III Development Design Standards, Article V Supplemental Standards, Article VI Signs, Article IX Hardship Relief, the Longwood Design Guidebook, and the Historic District Code Book, to streamline and clarify existing development processes, use tables and design standards, to clarify parking standards regarding fleet vehicle parking and ADA compliance, to allow for sidewalk cafes in the Historic District, to amend the .Table of Allowable uses related to auto - oriented uses, and amend standards regarding nonconforming uses; providing for conflicts, codification, severability and effective date. Ms. Bower indicated to the Board that she wanted to make two comments. First, Ms. Bower pointed out that the provision for outdoor seating in the Historic District had gone before the City Commission and received approval. Second, Ms. Bower stated that the business Mr. Knox was referring to had received a temporary use permit for Saint Patrick's Day. Therefore, those activities would not be occurring all the time, this was just a special occasion for Saint Patrick's Day. Land Planning Agency, Page 3, 04/13/2011 Acting Chair Judy Putz asked Ms. Bower if the business in question had a permit to just serve alcohol without serving food. Ms. Bower explained that the Code was changed to allow for pubs and wine bars that do not serve food. Ms. Bower pointed out that the owner of the business Mr. Knox was referring to has realized that in order to be successful at that location he needs to serve food. However, the problem he is facing is that the inside space is very limited. Until he can actually get his landlord to provide him with more space, it is very difficult for him to build a kitchen. Ms. Bower indicated to the Board that in this round of proposed Code changes Staff has tried to address those items which customers have inquired about and Staff has found insufficient criteria in the, Code. For that reason, Staff continues with the quest of clarifying and improving the processes of the Code. Ms. Bower pointed out that the proposed Ordinance creates provisions that allow for fleet vehicle parking. Ms. Bower indicated that there are situations where businesses would like to park one hundred cars at their property. At this moment, under the current Code, this Would be considered as storage. The problem is that under the current storage regulations businesses are severely limited by the size of their building. For that reason Staff has worked on creating provisions that allow for fleet vehicle parking. Ms. Bower stated that Staff has also addressed outdoor seating and sidewalk cafes in the proposed Ordinance. Staff has received requests from businesses to be able to put a few tables on sidewalks in multitenant centers and currently, there are no provisions in the Code that addresses this. In addition, the proposed Ordinance will allow establishing sidewalk cafes in places like Connolly's. At this moment the provision says businesses must serve food and alcohol. Staff would like to ask the Board members for input on how to address this item. Staff believes it is a good idea to limit outdoor seating to businesses that serve both food and alcohol. Ms. Bower informed the Board that Staff has also added a section on plant nurseries. Ms. Bower indicated that the Code currently allows plait nurseries but does not really explain how they are allowed. The provisions in the Code allow for display areas, however these businesses have to bring all the display back inside at the end of the day. It is very difficult to have a nursery in which all the plants need to be brought back inside at the end of the day. For this reason, Staff wanted to create supplemental standards that will actually address plant nurseries. We have a customer that would like to establish a plant nursery on 17 -92 but Staff does not have a way to approve it. For that reason, Staff is adding the section on plant nurseries. Ms. Bower indicated to the Board that Staff has also added a section on community gardens because it is something that a lot of communities are doing. If there is a vacant piece of property it would be very nice for people to be able to Land Planning Agency, Page 4, 04/13/2011 use that space to grow a garden. Leisure Services has been looking Jnto creating a community garden in Longwood. For that reason, Staff is trying to provide guidelines in order to allow for community gardens. In regards to nonconforming uses and structures Ms. Bower pointed out that the last set of Code changes have severely restricted pawn shops, tattoo parlors and massage therapy establishments. Ms. Bower noted that the City Commission has provided Staff a clear message that they do not want to see anymore pawn shops, tattoo parlors or massage therapy establishments in the Mixed Use District on SR 434 and 17 -92. For that reason, in order to bring these specific uses into conformity, Staff has shortened the discontinuance time period from 365 days to 90 days. Member Prince asked Staff how many pawn shops, tattoo parlors and massage therapy establishments are allowed within the City. Ms. Bower stated that there can be any number of pawn shops, tattoo parlors and massage therapy establishments within the City of Longwood as long as they follow the criteria established for these uses. Like for example, they have to be located in the Industrial area and have to be 1,000 feet apart from each other. Acting Chair Judy Putz asked Ms. Bower if the distance requirement meant that there had to be 1,000 feet between just pawn shops or 1,000 feet between pawn shops and massage therapy establishments. Ms. Bower answered that the distance requirement was only applied to massage therapy e stab] i shrn ents. Acting Chair Judy Putz asked Ms. Bower if this meant there will be no new pawn shops, tattoo parlors or massage therapy establishments on the main corridors. Ms. Bower stated that they cannot be located on any of the mixed use areas. Except if one goes out of business and another one goes in the same location within 90 days, since they are grandfathered in. Ms. Bower indicated that another addition to the Development Code is the inclusion of a Certificate of Use. Currently, the primarily opportunity for City Staff to review new businesses is through the business tax receipt. However, the business tax receipt "should only be for tax purposes. The Business Tax Receipt . should not be used as an approval for the Fire Department, Planning Division or Building Division. However, what has happened is that the City does not issue a Business Tax Receipt until all these other departments have signed off, which in turn creates some liability for the City because people think that they are vested just because they have a Business Tax Receipt. For this reason, Staff has added a Certificate of Use process. The Certificate of Use allows an opportunity for Planning, Building, Fire and Code Enforcement to review applications, conduct Land Planning Agency, Page 5, 04/13/2011 inspections, provide comments and determine code violations, prior to substantial investments being made by the potential property owners or tenant. Also, a business would need to have a Certificate of Use before they can apply for a Business Tax Receipt. Ms. Bower indicated that the main problem is that currently the Fire Department, Code Enforcement, Building Division and the Planning Division are short staffed. This process will create another layer of inspections, reviews and other items that the departments will have problems to address because they are short staffed. For this reason, Staff is requesting the Board to present their input on this item. Ms. Bower stated that Staff is trying to figure out a way to slowly require businesses to obtain a certificate of use. Ms. Bower also pointed out that the only time the City would require a business to obtain a new certificate of use would be if there was a change of use, an expansion or some other change to the property that would require the City to make an amendment to the certificate of use. Ms. Bower also stated that because the certificate of use cannot be issued, if there is any outstanding code violation on the site, there is an incentive for the property owner to work with the City to address the issue prior to moving in. This can potentially save the city staff time and legal fees as property owners may be more willing to correct code issues without having to go through the lengthy and time consuming Code Enforcement process. Acting Chair Judy Putz stated that the certificate d use can be a good thing or a very bad thing. She indicated that one of her concerns was that she did not see anywhere stipulated the amount of time staff had to issue a certificate of use. This is a problem because staff could hold up a business from opening, for six months. We should be trying to attract businesses, and this seems just one more reason not to come to Longwood. Acting Chair Judy Putz stated that the certificate of use could also be a good idea because we have had in the past some businesses sneak in the back door and this could be a good way of controlling businesses that come in the City. Acting Chair Judy Putz indicated that she is not against this process but she believes it is best to give it more thought. Ms. Bower stated she agreed with Acting Chair Judy PIItZ. Acting Chair Judy Putz indicated that it would be great to have information available on the website that would allow people to access property information and see if there are any code violations. Ms. Bower informed the Board that the City is heading towards that direction with the OneSolution software that was recently purchased. Eventually, people will be able to go on the website and see if there are any code violations or permits issued for a property. Ms. Bower pointed out that she has worked in other communities that have this system and it is a great tool. Acting Chair Judy Putz stated that the more information Staff is able to give to a Land Planning Agency, Page 6, 04/13/2011 person ahead of time the better it is. However, the fees must be reasonable since businesses might just decide to go to another city just and not pay this additional fee. Ms. Bower indicated that the fees are another problem she was confronting because the certificate of use would be reviewed by at least three different departments. Ms. Bower stated that another route could be just to make people sign off a document which explains that a business tax receipt is just for tax purposes and does not guarantee any approvals. M•. Thorn asked Staff if they could just create a formal questionnaire asking specific information about the business and hand out a publication of what the Code requirements are. Ms. Bower indicated that the Code if very thick and therefore it would be difficult to distribute a paper copy to customers. Another issue is that depending on the type of business, the regulations that are needed to be addressed are different. Ms. Bower stated that given the issues the Board has brought up, she is more inclined towards making a form just for tax purposes and leaving the responsibility to the business owner to consult with the Planning Division, Building Division and Fire Department. Acting Chair Judy Putz agreed with Ms. Bower and stated that there could be a simple one page form created by Staff in which the owner will sign that they have done everything properly, like an honor type system. Acting Chair Judy Putz also indicated that she believes most businesses will do the best they can. There might be an occasional business that might fall into the cracks but that needs to be balanced against the costs of trying to catch every business, which will be an expensive process. Mr. Kintner explained to the Board that part of the review that Staff does now is going to be very similar to the certificate of use process. The Building Division, Planning Division and Fire Department will still have to be included in the review process. Mr. Kintner pointed out that Staff has encountered situations where businesses have done work to the inside of a building without a permit and Staff discovers this through the business tax receipt review process. Mr. Kintner explained that a business may for example have a non conforming sign which would have to come down as part of the site plan process or as part of the sign code regulation. When this business applies for a business tax receipt they might believe they are at the end of the process when actually they are at the beginning. This is because the business still has to address those non conforming issues. Part of the idea behind the certificate of use is to try to address these issues before people have actually incurred in large investments. Land Planning Agency, Page 7, 04/13/2011 Ms. Bower indicated that Staff could create a form which poses the question, have you visited the Planning Division, Building Division and Fire Department to discuss your project. Acting Chair Judy Putz stated that the responsibility should be of the business owner to find out about the rules of the city. If a ,person spends a lot of money in burying a property that is unsuitable for their business or use, the fault should fall on the business owner for not having done prior research. Acting Chair Judy Putz recommended that there should be a form the customer has to sign stating they have reviewed the rules and regulations of the City of Longwood. In that way the customers should understand it is their responsibility to do the research. Acting Chair Judy Putz indicated she would prefer Staff to make the best use of their time working on other type of projects, like for example the Green Building Program. Acting Chair Judy Putz pointed out to section 1.6.2. Responsibility for interpretation, and indicated that it makes sense that Staff has taken out Administrator and added Community Development Services Director. However, when Staff makes a decision there should always be a chance for appeal to the Commission. Ms. Bower responded that the applicant can appeal any decision Staff makes. Acting Chair Judy Putz stated that the section did not state that. Ms. Bower explained that it does in the Appeal Section 10.12 Acting Chair Judy Putz indicated that in other places within the Code Staff specifically notes that an applicant is able to appeal a decision to the City Commission. Acting Chair Judy Putz stated that not having the remark in Section 1.6.2. led her to believe it meant the decision could not be appealed to the City Commission. Acting Chair Judy Putz pointed out to the Table of Allowable Uses and asked why there was a restriction of certain uses for properties adjacent to CR 427. Ms. Bower explained that is was because Staff saw a really good opportunity with CR 427 and wanted to grasp that opportunity now, especially with the Sonata Project and the possibility of Sunrail. Staff did not want to see a lot of auto oriented uses on CR 427. Acting Chair Judy Putz pointed out that according to the Table of Allowable Uses, Financial Institutions (with drive -thru) were not allowed on CR 427 and asked if that meant Pinnacle Bank would have to move. Ms. Bower stated that if a financial institution had a drive thru they could keep it, Land Planning Agency, Page 8, 04/13/2011 the property would be a legally non - conforming. Member Mr. Thorn asked Staff if fast food restaurants (with drive -thru) are not being allowed on CR 427. Mr. Thorn indicated that he thought a Kentucky Fried Chicken was going to be established on the corner of SR 434 and CR 427. Ms. Bower indicated that the Kentucky Fried Chicken project was not moving forward and the development order had expired. Acting Chair Judy Putz asked Staff if they would not like to see a fast food restaurant on that corner. Ms. Bower pointed out that the location was the key corner of the whole city. She indicated it would be very nice to have something more than two drug stores and a fast food restaurant. Ms. Bower stated Staff is working hard to put out a RFP for a Redevelopment Strategy that will include SR 434, the Historic District and the Transit Oriented Design District. Acting Chair Judy Putz asked if Fleet Storage would mainly be in the Industrial District and not the Historic District. Ms. Bower stated that it would be in the Industrial and lnfill and Mixed Use District. Ms. Bower indicated to the Board that Staff was having difficulty trying to determine how much land a fleet storage and outdoor nursery should be allowed to use. Ms. Bower asked the Board if the fleet storage should be allowed to have up to 200 cars and should the nurseries be allowed to cover 75% of their property with outdoor sales. Acting Chair Judy Putz stated that if she remembers correctly, nurseries had to have an actual building and the outdoor sales section was. related to the floor area. Acting Chair Judy Putz indicated that three times the floor area was reasonable for outdoor sales. Acting Chair Judy Putz added that nurseries are very attractive and could be an asset to the City. Acting Chair Judy Putz asked Staff if the fleet storage could be something like Car Max. Ms. Bower responded that it was not for auto sales. Acting Chair Judy Putz asked if the fleet storage would be an accessory use, like for example the UPS business, in which the business owns the vehicles and also needs space to park them. Ms. Bower indicated that at this moment the applicant is Direct TV and they want, Land Planning Agency, Page 9, 04/13/2011 to put one hundred and fifty cars at their property. Member Mr. Thorn stated that the cars were already there. Ms. Bower indicated that Direct TV was already there, however they would like to till up that whole property with their fleet vehicles. Currently Staff does not have a mechanism to allow that. Acting Chair .Ludy Putz asked if they have to be back off the road and behind a fence. Ms. Bower stated that the fleet vehicle storage area is to be set back from the property line at least 25' and needs to be screened by a Class C Buffer yard. Member Mr. Thorn stated that a hedge would be nice to block off the trucks and also adds to the greenery. Ms. Bower indicated that the fleet vehicle parking area should not be greater than three times the floor area of the building. Acting Chair Judy Putz pointed out to the section that refers to sidewalk seating and noted that it says if establishments are in violation of this section and /or are forced to shut down three times within any twelve month period, shall have their outdoor seating approval revoked. Acting Chair Judy .Putz also pointed out that the section indicated that these establishments can re -apply however they would need to go to the City Commission to get approval. Acting Chair Judy Putz stated that if the establishments are found to be in violation of this section they should first re- apply with Staff and if Staff says no, they should appeal to the City Commission. Acting Chair Judy Putz recommended Staff to set a time frame in which after sixty days the establishments can apply to be reinstated. Member Mr. Prince stated they should not be closed out. Ms. Bower stated that someone should be able to figure out how to abide, by the rules after three times. Acting Chair Judy Putz pointed out that she believed this issue should be handled by Staff and not the Commission. Ms. Bower indicated that the reason why Staff wanted to send establishments to get approval from the Commission was because they have the ability to put additional conditions. Ms. Bower stated that she does not want to be put into a situation where she has to determine special conditions, such as limiting the hours of operation. Acting Chair Judy Putz stated if an establishment is proving to be a trouble maker Land Planning Agency, Page 10, 04/13/2011 then it should be shirt down for sixty days. After sixty days these establishments can re- apply. Member Mr. Thorn asked Acting Chair Judy Putz if she meant shutting down just the outdoor portion. Acting Chair Judy Putz stated yes. These establishments will be given three opportunities to come into compliance. Ms. Bower stated that her concern is that these establishments will be given three opportunities, will be shut down for sixty days and then they can just re- apply. Staff's concern is what actually is going to make these establishments follow the rules. Member Mr. Thorn suggested adding a substantial fee to re- apply. Ms. Bower agreed that after the sixty days establishments would need to pay a substantial fee to re- apply. Member Mr. Thorn asked Staff what was the approval fee. Ms. Bower indicated that the fee was not yet determined. Acting Chair Judy Putz stated that a substantial fee would get their attention and would most likely prevent them from making more problems. Also they can always appeal any decision to the City Commission if they feel they have been treated unfairly. Member Mr. Thorn asked Staff what kind of violations they were anticipating. Acting Chair Judy Putz stated that an establishment might get cited if it is open . until two o'clock in the morning with a Five band. Ms. Bower pointed out that another situation in which an establishment can get cited is if the customers start spreading out into the parking lot areas instead of being in a designated area. Acting Chair Judy PUtz indicated that the possibility of people spreading out into the parking lot areas concerns her. For that reason she is inclining to agree that if an establishment is going to have a sidewalk cafe they should be serving food and if any alcohol is served it should be a glass of wine or beer. In that way the main focus is not just drinking. GMs. Bower asked the Board if outdoor seating areas should be limited to those establishments in which more than fifty one percent of their gross revenue is derived from food sales, or should the City allow outdoor seating areas for Land Planning Agency, Page 11, 04/13/2011 establishments that sell food but do not meet that fifty one percent requirement. Acting Chair Judy Putz asked Staff if the wine bars are allowed to have outdoor seating. Ms. Bower indicated that only with Commission approval. Acting Chair Judy Putz asked if a wine bar wanted to have outdoor seating did they need to go before the Commission each time, because the establishment previously discussed has outdoor seating every weekend. Ms. Bower indicated the Commission approved the patio seating behind the building for that location. Acting Chair Judy Putz asked if the establishment had a permanent approval. Ms. Bower stated yes. Acting Chair Judy Putz asked Staff if the establishment was allowed to serve alcohol. Ms. Bower stated yes. Acting Chair Judy Putz stated that meant establishments with outdoor seating serving alcohol already exist in Longwood. Acting Chair Judy Putz indicated that fifty one percent of their take was not food. Ms. Bower indicated that no. Acting Chair Judy Putz stated that at this point she would be inclined to just wait and see what happens. At this moment to take that away from this establishment would really hurt it, especially with the problems of the kitchen Staff previously discussed. Ms. Bower noted that she is not concerned with the seating behind the building. Ms. Bower indicated that her main concern was allowing an establishment that just serves alcohol to have sidewalk seating. Member Prince noted that if sidewalk seating was allowed, the sidewalk would be reduced to four feet. Acting Chair Judy Putz asked what was the clearance required by the Code. Ms. Bower indicated it was forty four inches. Land Planning Agency, Page 12, 04/13/2011 Member Thorn asked if a barricade was required. Ms. Bower stated there might be a liability if the City allows these establishments to be adjoining right -of -ways. Acting Chair Judy Putz suggested having no alcohol on the sidewalk and just food. Member Prince indicated that there will always be someone out on the sidewalk seating area with alcohol. Member Thorn commented that the customers would be barricaded in and the three strikes rules would regulate these establishments. Acting Chair Judy Putt noted that tables on the sidewalk are different from tables on the patio of an establishment. If establishments are going to have tables on the sidewalk they should only serve food. Ms. Bower asked if she was eating her dinner out on the sidewalk, would she be able to have a glass of wine. Member Mr. Prince stated yes. Acting Chair Judy Putz indicated that the problem would be enforcement, would a police officer have to watch the customers seating in the sidewalk. area of an establishment. Acting Chair Judy Putt stated that she understands Staff has a problem with people sitting outside and drinking beer after beer with no food. If alcohol is allowed to be served on the sidewalk, how is it possible to prevent these types of situations. A customer can just say, I just finished my dinner and threw it in the garbage. Acting Chair Judy Putz stated maybe it is best to wait and see if this creates a problem and in that way at least give it a chance. Member Prince stated that, in other words, the Board Members are saying it is fine to have a glass of wine. Ms. Bower asked if an establishment only serves alcohol will be allowed to have outdoor seating. Member Thorn commented that he cannot imagine anyone sitting outside on the sidewalk hearing all the street traffic. Ms. Bower stated that Staff is not expecting high volume traffic on streets located in the TOD area. Land Planning Agency, Page 1.3, 04/13/2011 Member Thorn pointed out that it seems to be a nice concept. Acting Chair Judy Putz indicated that the Board will address the issue if it. becomes a problem. Ms. Bower explained to the Board that outdoor seating areas are permitted as an accessory use to establishments selling food for on -site consumption, so Staff would have to change language to say food and alcohol. Member Prince indicated that he was good with that. Member Thorn stated that he went to a place located in Downtown Orlando which has both seating inside and outside. The food consisted of something that they put in the oven really quick, it was a nice place to go but food was not any source of revenue. The food the establishment served was mainly as a courtesy to the customers. Member Thorn indicated that he believed it is really going to be about the type of establishment and the clientele expected to go to that establishment. Member Thorn stated that a pool hall would bring a different crowd than a group of professionals that just want to hang out after work. Member Prince indicated that he believes it is a good idea to address the matter if it becomes a problem. Acting Chair Judy Putz indicated that there is a certain place in Longwood that is known for their parties on Saint Patrick's Day and she wanted to ask if there was ever a point in which certain establishments would be required to hire security guards. Ms. Bower indicated that the establishment applied for a Temporary Use Permit (TUP) and this permit is reviewed by the Police Department. Acting Chair Judy Putz stated that if several hundreds of people are expected to go to an establishment, it might not be a bad idea to require them to have security guards. Ms. Bower explained to the board that Staff sends out the temporary use permits to the Police Department and Fire Department to be reviewed. Acting Chair Judy Putz asked Staff what was the rationale for requiring window signs to be professionally designed and to have a permit. Ms.. Bower indicated that Staff has seen some window signs go up that look horrible. Also Ms. Bower explained that since window signs currently do not require a permit, people have misconstrued what the Code allows and cover their whole window with signage. For those reasons Staff thought if people were required to come in and apply for a permit, then at least they would have a sign Land Planning Agency, Page 14, 04/13/2011 that is compliant with the Code regulations. Acting Chair Judy Putz asked what action Staff will take with CVS, Walgreens and Bealls which have windows above pedestrian height. Acting Chair Judy Putz indicated that she is not in favor of this item because it seems like Staff is enforcing taste. Acting Chair Judy Putz also pointed out that for Staff a sign might look horrible, however, for the business owner that sign was effective and attracted customers. Ms. Bower answered that she was not trying to legislate taste. Acting Chair Judy Putz pointed out that Staff just mentioned that certain window signs looked horrible. Ms. Bower explained that the reason was because some of those window signs were drawn with crayons. Ms. Bower indicated that she does not understand how a business is required to follow a color palette and at the same time they are allowed to write with magic markers on the windows. Acting Chair Judy Putz pointed out she felt this was over legislating. This is just putting another financial burden on a business owner. Having a window sign professionally done costs so much money. Acting Chair Judy Putz indicated that she had her outdoor sign done several years ago and the cost was about twelve hundred dollars. Acting Chair Judy Putz asked Staff what happens if a business would like to place a Sale Sign in their window, would they need to have it professionally done and get a permit. Acting Chair Judy Putz noted that the paragraph did not exclude anything. Acting Chair Judy Putz stated that the City is going to regulate every business in the city just because a few people in Longwood have "not nice looking" window signs. This is wrong and is over legislating. Mr. Kintner asked the Board if the concern was with the professionally design language or a permit being required. Acting Chair Judy Putz indicated that she has a problem with both. Acting Chair Judy Putz stated that she believes there has to be a point where you draw the line. There are valid reasons for a sign in a yard to be regulated. Like for example, to prevent a sign from becoming a missile in a wind storm it is necessary to inspect that it is properly anchored so many feet below the ground. Another example is to make sure the .sign is made of a substantial ,material so it will hold up during a storm. However in the case of a window sign, a business owner should have the freedom to put in the window what they think will increase sales and get customers in the store. Acting Chair Judy Putz pointed out that she does not have a problem with the Code saying that no more than twenty five percent of a window should be obstructed. However, there are stores that have no Land Planning Agency, Page 15, 04/13/2011 windows. Will Staff require stores that have no windows to break a window into their store. If not, than Staff is discriminating against stores with windows. Most people want the police to be able to see the interior of their business, so the majority of business owners will not block off their windows. Acting Chair Judy Putz indicated that other than the amount of window space that can be covered, she has a problem with these restrictions. This is because these restrictions are no longer associated with safety concerns but they are associated with a taste concerns. Member Thorn stated that it is unfortunate that a lot of people do not have taste but the City cannot micro- manage every business in town to the point that we are even regulating window signs. Ms. Bower indicated that she does not disagree with the Board. However, there is an inconsistency if the City has a color palette. Acting Chair Judy PUtz suggested that the color palette should be reviewed too. Ms. Bower stated that the Board can include in their recommendation to address the color palette at a future meeting. Acting Chair Judy Putz asked if Staff believed it was time the color palette needed to be addressed. Ms. Bower indicated that she agreed the color palette needed to be addressed. Ms. Bower asked the Board what was their input on the Historic District color palette. Acting Chair Judy PUtZ stated that it should be eliminated. Member Prince stated that he agreed palette should be eliminated. Acting Chair Judy Putz indicated that there is not much business going on in the Historic District and we are losing a lot of people. Acting Chair Judy Putz stated that she does not believe it is because of the color palette. However, people might not want to locate here because of the City's restrictive rules. Acting Chair Judy Putz noted that the priority should be to protect the public safety and have some kind of standard. Other than that, we just need to let people do their business. Acting Chair Judy Putz opened the public hearing and invited Reverend Knox to the podium.. Mr. Knox indicated that he also agrees with the removal of the color palette. Mr. Knox explained to the Board that they are doing renovations to the church and the colors they would like to use are apparently not allowed, which has made a lot of Land Planning Agency, Page 16, 04/13/2011 the congregation upset. Mr. Knox stated he has been in Longwood for the last eleven years and the Historic District has maintained itself to be a certain sort of thing. Mr. Knox indicated that he is not opposed to sidewalk cafes but would like to ask the Board to think about the sort of businesses they want in the Historic District. Mr. Knox pointed out he believes it is a mistake to allow certain businesses to have sidewalks cafes and serve alcohol. Mr. Knox indicated that allowing certain establishments to have sidewalk cafes and serve alcohol is asking for trouble. Mr. Knox explained to the Board that in North Australia there were severe problems with certain establishments because people would leave drunk and disturb both tourists and traffic. This problem occurred even without having sidewalk cafes. Mr. Knox asked the Board to think very carefully about their decision. Acting Chair Judy PIItZ closed the public hearing. Member Thorn pointed out to Section 9.1.2. Nonconforming Structures and asked if a grandfathered structure was affected by a hurricane, would the reconstruction be regulated under current Longwood Development Code. Ms. Bower indicated that a nonconforming structure that is destroyed or demolished shall not be reconstructed unless such structure is constructed or reconstructed in conformity with provisions of the Longwood Development Code. The customer could apply for a variance if there is a hardship. Ms. Bower asked the Board if they believed sidewalk cafes belonged on major corridors such as Ronald Reagan or should the speed of the traffic be considered to make a decision like that. Acting Chair Judy Putz stated that the traffic on those streets concern her a little bit. Particularly when alcohol is involved, people tend to be less careful. Acting Chair Judy Putz pointed out that barricades cannot be established on public sidewalks. Ms. Bower indicated that people could get a right-of-way utilization irthe county allowed it. Ms. Bower asked the Board if it would make sense to not allow sidewalk cafes on major corridors. For example a strip plaza would be able to apply for a sidewalk cafe. Acting Chair Judy Putz indicated that she would be comfortable with putting some kind of restrictions related to the size and speed of the traffic. Ms. Bower indicated that the restriction can be specific and say 427, 434 and 17- 92. Land Planning Agency, Page 17, 04/13/2011 Member Thorn stated that it is not possible to protect everybody. He also indicated that he does not think it is going to be very appealing for people to sit next to a busy road hearing traffic. Member Thorn asked what kind of businesses could be attracted to be established in the Historic District. Acting Chair Judy Putz stated she believed the best use in the Historic District would be for business professionals that are not dependent on traffic and have their clientele already established. Member Thorn pointed out that there are not that many things to do in the Historic District, there needs to be places where people can go. Acting Chair Judy Putz indicated that she believes with Reiter Park and the construction of an outdoor amphitheater, people will start coming to the Downtown Historic District. Acting Chair Judy Putz also noted that a lot of the little shops that were established in the Downtown Historic District were lost with the economy. Acting Chair Judy Putz asked members if the Board should recommend sidewalk cafes to not be established close to major thoroughfares or should it be left as is. Member Thorn indicated to leave it as is. Member Prince agreed. Acting Chair Judy Putz stated she would like to recommend leaving the window signs alone. Acting Chair Judy Putz indicated that she is not in favor of requiring the window signs to be professionally done or requiring a permit. Mr. Kintner asked if the Board agrees in leaving the section that states visibility into the interior of the building at pedestrian height (four to six feet frorn the ground) must be maintained at all times. Acting Chair Judy Putz indicated that was fine with that. Mr. Kintner asked if the Board agrees to leave section that states, signs which are placed behind windows and are intended to be seen by pedestrians or from the road will count to the amount of window signage whether affixed to the glass or not. Acting, Chair Judy PLItZ stated that she would not have a problem as long as it was related to the restriction of visibility that no more than twenty five percent of a window shall be obstructed. However, if a location has several windows, is it not unreasonable for the business owner to cover a complete window if there are other windows from which people can still see inside. Acting Chair Judy Putz Land Planning Agency, Page 18, 04/13/2011 indicated that this is a case where it is necessary to just use common sense. It is not possible to regulate everything. Acting Chair Judy Putz explained that as long as it is reasonable and related to public safety she does not have a problem with it. Acting Chair Judy Putz stated that when we start crossing over the line and telling people what looks nice and what does not Kook nice is when she has a problem. Acting Chair Judy Putz made a motion to recommend that the permitting fee and the professionally done window sign be eliminated. Seconded by Member Prince and carried by a unanimous roll call and vote with Chair Noyes and Vice -Chair 1 fore absent. Ms. Bower reminded the Board members they were going to discuss if an establishment needed to serve food in order to be. able to have outdoor seating. Acting Chair Judy Putz pointed out that the Commission recently passed the wine bar without having to serve food. Member Mr. Thorn stated he believes the three strike rule and the severe renewal fee would be sufficient to regulate these establishments. Member Mr. Thorn moved to recommend Staff to add the language and /or alcohol and also to add a substantial monetary penalty of at least $.1,500.00 for an establishment to get re- instated after it has been givers three opportunities to come into compliance . far not . fallowing the rules. Seconded by Member Prince and carried by a unanimous roll call and vote with Chair Noyes and Vice -Chair Fiore absent. Acting Chair .Judy Putz moved to recommend approval to the Longwood City Commission LDCA 02 -11 Longwood Development Code Amendment Ordinance 11 -1961 with the recommended changes that the Board Members discussed. Seconded by Member Prince and carried by a unanimous roll call and vote with Chair Noyes and Vice -Chair Fiore absent. 7. DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS Next Regularly Scheduled Meeting: May It, 2011 S. ADJOURNMENT Acting Chair °,Judy Putz moved to acjourn. Seconded by Member Prince and carried by a unanimous voice call and vote with Chair Noyes and Vice -Chair Fiore absent. Acting Chair Judy Putz adjourned the meeting at 8:25 p.m. Land Planning Agency, Page 19, 04/13/2011 Bruce Noyes, Mair ATTEST: Ge 9el le Go��a'� C�. Giselle Gonzalez, Recording Secretary Land Planning Agency, Page 20, 04/13/2011