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LPA10-09-13MinCIT17 OBE ILONGWOOD Land Planning agency Minutes CITY COMMISSION CHAMBERS October 9, 2013 - 7:00 P.M. 175 W. Warren Avenue Longwood, FL 32750 ATTENDANCE :BOARD: Bruce E. Noyes, Chair Brian Fiore, Vice -Chair Greg Cetera, Member Robin Thorn, Member Judy Putz, Member I. CALL TO ORDER STAFF: Sheryl L. Bower, AICF', Director Chris Kintner, AICP, Planner Sheryl Gina, Recording Secretary Chair Bruce Noyes called the meeting to order at 7:00 p.m. 2. ADDITIONS AND DELETIONS None. 3. APPROVAL OF THE MINUTES FOR A. Regular Meeting February 13, 2013 Chair Noyes moved to approve the February 13, 2013 minutes as submitted. Seconded by Member Judy Putz and carried by a unanimous vote. 4. PUBLIC COMMENT No Public Attendees Chair Bruce Noyes moved to close Public Comment. Vice -Chair Brian Fiore seconded the motion. 5. PUBLIC HEARING LPA Meeting Minutes— October 9, 2013 1 A. LDCA 02-1.3 Longwood Development Code Amendment ORDINANCE NO. 13-2016 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 AND SPECIAL EXCEPTIONS, AND ARTICLE X ADMINISTRATION TO ALLOW FOR TEMPORARY SIGNAGE IN DESIGNATED CONSTRUCTION ZONES AND STREAMLINE AND CLARIFY EXISTING DEVELOPMENT PROCESSES, AND PROVIDING FOR CONFLICTS, CODIFICATION, SEVEIRABILITY AND EFFECTIVE DATE. Chair Bruce Noyes stated that no one. was there to speak for or against the amendment. Chair Bruce Noyes moved to close the public hearing for LDCA 02-13. Seconded by Member Judy Putz and carried by a unanimous roll call and vote. 6. DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS M:ernber Judy Putz liked the code amendments for the designated construction zone but had questions regarding the temporary signs. Per the language a business in the designated construction zone can pull a temporary sign for an event but they may not want to wait 60 days because then they've lost the impact. Is this the intent of the Commission. Sheryl Bower replied the Commission's intent was they didn't want businesses to continue signage once the construction signage came down. Member Judy Putz responded a business cannot re -use the sign or pull a temporary pernnit until the construction sign has been removed, but could put up a new sign for a different event. Sheryl Bower stated businesses can do events but wouldn't be able to do it with this language for a business sign. Member Judy Putz responded temporary use signs cannot be pulled for 60 days which Should cover any temporary use by the way it's worded. Sheryl Bower stated it was never the intent to not allow people to use Temporary Use Permits because they had the construction signs. The language would preclude them from doing that during that period. Member Judy Putz suggested the code state a business cannot be in violation of any code LPA Meeting Minutes —October 9, 2013 2 before issued a temporary sign and if they have removed their construction sign they are in violation of code and also that a business could not re -use their construction sign or the sign had to be removed before they could pull a permit. Sheryl Bower replied there is language in the code that would not allow a business to pull a permit if they have a code violation. The language can be changed so that once a business has taken down the temporary construction sign then they can come back and apply for another temporary permit. Member Judy Putz commented the intent was to allow businesses to have events but not use it as an excuse to keep the temporary construction sign up Sheryl Bower replied if the Board agrees with that part of your motion then we can change the language. Chris Kintner added we can clarify it because the temporary sign applications and the Temporary Use Permits are separate. We actually include temporary signage within the Temporary Use Permits. The question is more how do we clarify that a business can come in for any temporary sign but it can't be the same sign as the construction sign. We can say no temporary sign applications except for Temporary Use Permit applications because signage is part of the Temporary Use Permits. The clarification needs to be what the City would be comfortable with in allowing businesses to put a sign back up For example if a business has a 32 square foot banner and cuts it down to 30 square feet then they would say that it is not the same sign. The language needs to be clear on what can be done. Sheryl Bower asked would we then allow them to take down their construction business sign and come in for a Temporary Use Permit the next day which would allow them to put up another business sign. Member Judy Putz asked wouldn't a business put up a permanent sign once construction is done. Sheryl Bower answered even with a permanent sign another business would still have the ability to put up a temporary sign. The thought is the City Commission would not want a business to take down one temporary business sign to put up another temporary sign. If they were having an event or special sale then they could pull a Temporary Use Permit and do signage along with that. The businesses are not allowed to have other signage when they have the temporary sign out. Another possible issue is if someone has a new business they may want to put up new business signage. Chris Kintner replied that is something that could definitely happen. The Temporary Use Permit signage needs to be clarified but the intent has been that if a business has an event after the construction zone signage then they can have signage associated with that event. The question is will they for example want the sign to say we are still open. Right now that would not be allowed, but it may be something we want to address. LPA Meeting Minutes — October 9, 2013 3 Member Judy Putz responded the Commission is going to allow businesses to keep a 4 foot x 8 foot sign up for the length of the construction period which could be a couple of years. Once they have declared it is no longer a construction area they want those particular temporary signs to come down. The concern is some businesses might start pulling temporary signs permits to gain themselves more time. The understanding is if they did that they are only going to get 30 days to have it up then it has to come down for 90 days. Chair Bruce Noyes asked we are talking about regular temporary signs but we are also talking about temporary signs within a construction zone. As it is understood once the Commission decides the construction zone is no longer the businesses are mailed a letter and given 30 days to remove their sign. If you have a permit in hand do you have to keep renewing it during the construction zone Sheryl Bower responded a construction zone sign is put up and is there until the Commission decides the construction zone is no more. Once that is decided the businesses have a 30 day time period to remove the sign. Chair Bruce Noyes asked if they have a permit in hand and they bring the sign down within 30 days of completion of construction then what is the 60 day waiting period. Member Judy Putz replied it is to keep them from pulling another temporary sign permit to keep that temporary construction sign up for a longer period. Sheryl Bower questioned what if a sign that is up for construction gets damaged and the owner puts up a new one then a month later it is decided the construction signage is over If the sign looks fine why would we not allow them to put that sign up again. Member Judy Putz asked what if they have a nice sign and want to have an event. Can they add some wording to the construction sign and have it for 30 days. Sheryl Bower answered the Commission did not want businesses to put up more signage after the construction zone signage. Member Judy Putz stated however if it is for a new use the Commission may not have an issue. As for the temporary signs the most the businesses are going to get is 30 extra days then they have to take it down for 90 days. Sheryl Bower stated the businesses have 30 days to take the construction sign down and then have 60 days to wart before pulling another permit. Chris Kintner commented also after they pull the construction zone signs down and then pull a new temporary sign permit those new signs are up for 30 days and down for 90 days. Member Judy Putz replied so the most they are going to get is an extra 30 days. Sheryl Bower responded the Land Planning Agency can recommend making a change. LPA Meeting Minutes — October 9, 2013 4 We can create the language and the Commission will decide whether to approve it. With the construction signs businesses do not have to wait that time period because there is no waiting period afterwards. Chair Bruce Noyes asked once construction is complete you have one month then the monument signs are most likely going to start coming in. Construction of them is going to take some time so it is fair to give the business owners another 30 days for temporary signage. Member Judy Putz asked for example construction impacted the Winn Dixie parking lot and the construction period ended at the end of October According to this code a business could not pull a Temporary Use Permit for anything until the next year What if a business wants to sell Christmas trees Chris Kintner answered that is okay because temporary sign applications and Temporary Use Permits are two separate things in the code and Temporary Use Permits include signage within them. A problem would be if for example Winn Dixie put up a 32 square foot sign during the construction zone, took it down and then wanted to come right back and put up a sign that says Winn -Dixie we're still here. Member Judy Putz asked if the sign said new expanded store would that be fine. Chris Kintner replied that would be included in this language as it has been presented. Member Judy Putz asked would they still have to wait 60 days to put up as sign that says come see our new delicatessen. Member Greg Cetera stated once it is no longer designated a construction zone, they would not. The code says for parcels included in the designated construction zone no sign applications will be accepted for a period of 60 days. Once the designated construction zone is over they are no longer in that. Sheryl Bower responded but they are still subject to it. That was the intent. Member Judy Putz answered the worse that could happen is if they were to apply for a Temporary Use Permit and re -use their signage they are only going to get another 30 days then it has to come down for 90 days. Chris Kintner replied if that sentence is stricken then they would come in that next day after they take the construction zone sign down, get a 30 day permit and after 30 days it would be down for 90 days. Chair Bruce Noyes stated the language is creating a 30 day gap between the 30 days at the end of construction. Member Judy Putz answered then they would have to wait 60 days before they could pull another temporary permit. LPA Meeting Minutes —October 9, 2013 5 Sheryl Bower stated the Temporary Use Permits are not being impacted by this language therefore the signs that go with the Temporary Use Permit are not affected. Chair Bruce Noyes asked at that point you cannot apply for another temporary sign for 60 days, but you can keep the one you already have for 30 days. Member Judy Putz asked if the 60 days starts when businesses pull their signs down. Chris Kintner answered 60 days is from when the Commission makes their decision to end the designated construction zone. Within those 60 days the businesses have 30 days to take down the construction zone sign then a 30 day wart period before applying for another temporary permit. Member Greg Cetera asked is it correct then if they don't take it down in 30 days then code compliance becomes involved which at that ponM they will probably give them 15 days to take it down. Chris Kintner replied if that were to happen there is a separate section of code about code enforcement that states when you take the sign down then you have a wait period that starts. If the businesses do that they would have to wait 90 days before they can apply for another temporary sign permit. There is a penalty but it is not specific to the designated construction zone signs. Sheryl Bower stated you are actually waiting only 30 days before you can pull another temporary sign permit. If you meet all the requirements of the code then it cannot be denied. For 30 days you would not be able to have a temporary sign. You could still apply for a Temporary Use permit, have an event and have temporary signs with it. Member Judy Putz replied the understanding needs to be that temporary use is not what we are addressing here with signage. What kind of temporary sign would they want that doesn't involve a use. Sheryl Bower replied like a sale or we're still open sign. Just to clarify when the letter is sent out after the Commission decides the construction zone is over the businesses cannot take down that sign and then put up another sign that says something else. Chair Bruce Noyes asked if they can add to it. Sheryl Bower replied only while it's still up Once it comes down they are going to have to get another permit to put a sign back up Member Judy Putz responded there is also a concern about the appearance. Sheryl Bower replied code can be written for however the Land Planning Agency would want to address any issues. Vice -Chair Brian Fiore stated the businesses have a designated construction zone sign and as soon as that designation is ended they can keep that sign up for 30 days, but prior LPA Meeting Minutes — October 9, 2013 6 to that can they then apply for a Temporary Use Permit for an end of construction sale and that would go into effect 30 days after the construction zone sign. It would be a new sign but they could effectively keep one sign up the entire time. ' Sheryl Bower responded if they were having a sale it would not be a Temporary Use Permit unless they were doing a sidewalk sale or the whole plaza was doing a sale. Chair Bruce Noyes commented we are using 2 years just as a time -frame for the construction. Once this construction is done the businesses will want to get their business back to normal and it could be advantageous to get back to normal without additional signage and temporary signage. Sheryl Bower stated part of the issue is a number of the businesses have cure plans which requires them to bring their properties into code compliance. Once the designated construction zone is finished the parcels that haven't come into compliance will need to Right now they are in violation. Member Robin Thorn asked is this temporary signage just while they are having permanent signs made. It seems after going through all that period of time and construction a business on 434 would want to immediately put up a permanent sign after the construction sign comes down. Sheryl Bower stated you can put a permanent sign any time you want. Member Judy Putz replied this is to give them additional temporary signage over and above what is allowed by the code in recognition with all the construction on 434 since it is harder to see those businesses. Member Robin Thorn asked as for multi -tenant parcels if one business gets a sign and has it up then the next business has to wait 90 days after that sign comes down to put a sign themselves. Sheryl Bower answered that applies after the construction is done Right now we are allowing every business address in the construction zone to have a temporary sign. Once the construction zone is no longer then we go back to a more restricted temporary sign. Member Robin Thorn commented but for the next business person they have to wait 90 days to put up a temporary sign. Sheryl Bower replied but they will have had a sign up for 2 years. Member Robin Thorn stated the Commission would need to understand what the board is trying to say It made sense where businesses only had a 30 day gap before they could get new signage with the 30 day overlay from the construction zone. Sheryl Bower stated we will change or add to the language that makes it clearer but that does not include Temporary Use Permits. LPA Meeting Minutes — October 9, 2013 7 Member Judy Putz replied that might solve any confusion and her concern is the word bonus was removed in the language but then later the word bonus was included. For clarification should it be changed in the Comprehensive Plan with what you replaced the bonus with. Sheryl Bower answered that can be changed. Member Judy Putz replied other than that it is a good ordinance and good revisions. Chair Bruce Noyes moved to approve the Longwood Development Code Amendment 02-13, Ordinance 13-2016 with the one revision being changed from bonus to what Slaff decides. Seconded by Member Judy Putz and carried by a unanimous roll call and vote. Chair Bruce Noyes asked if there was any new business. Sheryl Bower stated we have been getting more interest about new business in Longwood. MemberJudy Putz asked where we are with Wawa. Chris Kintner replied they want to begin building at the beginning of the year. Their site plans are approved. Their building permit at present is not approved only because of an addressing issue. Sheryl Bower stated we have some bigger companies interested in properties in our Industrial area.. Ms. Bower said that Weston Park is working on revisions fi•om the Commission special meeting, and that they have made changes to some materials and removed some elements of the project including the rooftop terrace and apartment units over Myrtle St. Member Judy Putz commented right now our code requires mixed use in that area. Chris Kintner replied the way the form based code works it talks about building types and there is the intent for a commercial design on the first floor. That is one of the things Weston Park is looking for a waiver from but it's not a requirement to have mixed use there. Sheryl Bower commented and mixed use is more difficult to get financed. Member Judy Putz answered Lake Mary is building a 200 unit apartment building with a mixed use complex that is right at the train station with mixed use on the -first floor. Sheryl Bower replied the infixed use doesn't have to be ground floor mixed use. It can be commercial and then apartments next door but it has to be all part of the same project, but that is not how this project is designed. LPA Meeting Minutes — October 9, 2013 8 Member .ludy Putz replied this is a prime piece of property and this project will define Longwood. If it becomes a disaster it will have a negative impact on properties within the City. Sheryl Bower, moved forward and spoke about Pic N' Save and a permit had been obtained to demolish the old building, but that the demolition had been held up by an issue with a shared wall. We also have some people looking at the old bowling a ley and we have Tesla Motors coming into Longwood on 17-92. 7. ADJOURNMENT Chair Bruce Noyes moved to adjourn. Seconded by Allember Jttdv Putt and carried by a unanimous roll call and vote. Chair Noyes adjourned the meeting at 7:40 p.m. Bruce Noye , Chair \` ATTEST: Sher ina, Recording Secretary LPA Meeting Minutes— October 9, 2013 9