LPA_08-14-2019_MinLAND PLANNING AGENCY
Longwood City Commission Chambers
175 W. Warren Avenue
Longwood, Florida
MINUTES
August 14, 2019
6:00 P.M.
Present: Judy Putz, Chair
Elias Khoury, Member
JoAnne Rebello, Memeber
Chris Kintner, Community Development Director
Shad Smith, Public Works Director
Phil Kersey, Building Official
Robert Walter, City Engineer
Anjum Mukherjee, Senior Planner
Kristin Zack -Bowen, Recording Secretary
Absent: Glenn Kirwan, Vice Chair
1. CALL TO ORDER
Chair Judy Putz called the meeting to order at 6:04 p.m.
2. ADDITIONS AND DELETIONS
None
3. APPROVAL OF THE MINUTES FOR
A. Regular Meeting held January 9, 2019
Member Elias Khoury moved to approve the minutes from the January 9, 2019
meeting. Seconded by Member JoAnne Rebello and carried by a unanimous
vote.
4. PUBLIC COMMENT
No public comments.
S. PUBLIC HEARING
A. ORDINANCE NO. 19-2156
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE
LONGWOOD DEVELOPMENT CODE, ARTICLE III DEVELOPMENT DESIGN
STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGNS,
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ARTICLE IX HARDSHIP RELIEF AND SPECIAL EXCEPTIONS, ARTICLE X
ADMINISTRATION, AND ARTICLE XII HERITAGE VILLAGE URBAN CODE TO
STREAMLINE AND UPDATE THE LONGWOOD DEVELOPMENT CODE, AND
PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE
DATE.
Chris Kintner presented the staff report. Mr. Kintner explained that from time to
time staff tried to bring forward changes to the Longwood Development Code
(LDC) that don't necessitate an ordinance of their own but are improvements
that could be made in a general update. There are a few changes to setback
requirements. Mr. Kintner added that one thing included was expanding the
hardship relief and special exception notification requirements to make them
more uniform across all applications.
Member JoAnne Rebello asked about reducing setbacks for accessory
structures.
Chris Kintner clarified that it was only in situations where a commercial
industrial parcel is located next to another commercial industrial parcel and only
when it creates any practical impacts.
Chair Judy Putz added that she liked the notification of property owners being
moved up to 500 feet.
Chris Kintner explained that it will all be standard and also include homeowners
associations.
Member JoAnne Rebello asked if most of the Ordinance is because of
discussions amongst staff, Federal, State or a combination.
Chris Kintner replied that this Ordinance was almost exclusively staff generated
from issues we have run into. The section regarding the sidewalks is bringing it
in line with the Florida Greenbook Standards.
Member JoAnne Rebello asked for confirmation that the changes were not in
relation to any specific project.
Chris Kintner replied that was correct.
Chair Judy Putz opened the floor to the public hearing.
John Polasek, P.O. Box 908, Sanford, FL 32772 spoke in favor of the Ordinance.
Mr. Polasek stated that he represents a company that has a piece of property
under contract and they are supportive of the language in the ordinance.
Member JoAnne Rebello moved to close the public hearing seconded by Elias
Khoury and followed by a unanimous vote.
Member Elias Khoury moved that the Land Planning Agency recommend
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approval of Ordinance 19-2156 to the City Commission, Seconded by
JoAnne Rebello and carried by a unanimous roll call vote.
B. ORDINANCE NO. 19-2158
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF LONGWOOD
AMENDING THE LONGWOOD DEVELOPMENT CODE SECTION 1.10.00 —
DEFINITIONS; REPEALING SECTION 4.5.0 — FLOODPLAINS AND FLOOD ZONES,
ARTICLE IV, PART III, LONGWOOD DEVELOPMENT CODE TO ADOPT A NEW
SECTION 4.5.0 — FLOODPLAINS AND FLOOD ZONES, TO ADOPT FLOOD HAZARD
MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT
PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,
AND FOR OTHER PURPOSES; AMENDING SECTION 9.2.3 OF ARTICLE IX
HARDSHIP RELIEF AND SPECIAL EXCEPTIONS; AND AMENDING THE
LONGWOOD CODE OF ORDINANCES, CHAPTER 18 — BUILDINGS AND BUILDING
REGULATIONS TO ADOPT TECHNICAL AMENDMENTS TO THE FLORIDA
BUILDING CODE; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS,
TRANSMITTAL, APPLICABILITY,AND AN EFFECTIVE DATE.
Chris Kintner explained that this Ordinance is largely based on a Floodplain
Management model Ordinance that was approved by FEMA and that we
worked closely with the Division of Emergency Management (DEM) at the State
level. It repeals the existing 4.5.0 floodplains and floodzones and provides
updates to it. The Florida Department of Emergency Management provided the
model Ordinance and worked with staff to prepare it and include local changes.
Documents have been reviewed by DEM for consistency with State and Federal
law, as well as our City Attorney. It also includes some changes to City Code
Chapter 18 Building.
Shad Smith explained that this was mainly updates that the Florida Department
of Emergency Management recommends because of the updated Ordinance.
Chris Kintner added that there is one section where there were a lot of changes
regarding hardship relief and special exceptions. They were required to have an
opportunity for variances and that City Commission would be the agency to
hear that.
Shad Smith explained that a lot of it was consolidation and cleaning up
language.
Member JoAnne Rebello asked if the Florida Building Code changes how it
affects this.
Phil Kersey replied that this lines up with the Florida Building Code Standard.
There are items in the Florida Building Code that are actually not applicable to
the Code such as utility structures and storage tanks that are exempt. The
Floodplain Management Ordinance will allow the City to control how those
things are developmented inside the jurisdiction. The Florida Building Code
references ASCE 24, which is a standard for any type of construction in a flood
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hazard area. The code has been updated to keep up with these standards and
stay in line with the Building Code. The State works with the Federal agencies to
keep it in line. Every 3 years the State will adopt a new Building Code, but any
changes in it will line up the floodplain management.
Member JoAnne Rebello asked if these changes will affect our City or residents
in the case of a Hurricane or event, and does it affect how we get reimbursed
form FEMA.
Phil Kersey replied that it doesn't affect that and actually benefits the City by
allowing residents to get flood insurance at a discounted rate if we adopt this
and conform.
Member JoAnne Rebello asked if it would change our current floodplain.
Shad Smith replied that it wouldn't change the floodplains determined, it just
makes sure our Codes are in line.
Discussion ensued about the definition of functionally dependent uses.
Member Elias Khoury moved that the Land Planning Agency recommend
approval of Ordinance 19-2158 to the City Commission, Seconded by
JoAnne Rebello and carried by a unanimous roll call vote.
C. ORDINANCE NO. 19-2159
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING CHAPTER
18 REGARDING BUILDINGS AND BUILDING REGULATIONS; PROVIDING FOR
THE ADOPTION OF THE FLORIDA BUILDING CODE 6TH EDITION; ESTABLISHING
NEW HOURS FOR CONSTRUCTION; PROVIDING FOR A GENERAL UPDATE OF
BUILDING STANDARDS; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
Chris Kintner explained that the primary goal of the Ordinance was to update
the City Code to reflect current Building Code, this includes the amended Florida
Building Code, Chapter 1: Scope and Administration, shown in Exhibit A. We
have Chapter 1 from the previously adopted code cycle which this is replacing.
When you look at Exhibit A the changes are largely coming from the Building
Officials Association of Florida (BOAF) Model Administrative Code for the 6th
edition. BOAF has a model code to help ensure consistency between the
different agencies enforcing the Building Code. Mr. Kintner added that there
was also a proposed exemption for hours of operation.
Member JoAnne Rebello asked how this affects historic structures.
Phil Kersey replied that it does reference historic structures in the Building
Code. Mr. Kersey explained that the Administrative Chapter is the governing
idea of how he enforces the Codes. Most of the historic structures will show up
in the existing Florida Building Code. It won't change the way it has been
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enforced until today. The outlines in the Building Code look at whether or not
you're going to change the occupancy in the historic structure, what you're
going to do to it and brings you back to the Secretary of State for the guidelines
on how to deal with historic structures. There's no difference in the verbiage
with that and no hardship or added aggravation to any type of Historic District
than in place today.
Chris Kintner added that everything Phil Kersey is talking about is strictly from a
building perspective, so separate of that we have the Historic District Code Book
which is unchanged by this.
Member Elias Khory asked if there were guidelines that dictate what is necessity
or what puts public safety at risk as far as the exception for hours of operation.
Phil Kersey replied that one of the things he has been pushing is site security.
Mr. Kersey added that he has been working with the Police Department to say
something if they see it. On commercial sites where most of the hazards would
be its mandated and controllable. Mr. Kersey noted that the reason this came
up was because Chapter 18 states the hours, but nowadays things move quickly
and we have to figure out how to work with them where it's not going to
influence the general public. Mr. Kersey gave some examples of situations
where it would have been helpful to allow alternate hours of operation.
Chris Kintner added that some of this is forward thinking, if you have a project in
the industrial park where you aren't up against residential there is no flexibility
built in for that.
Chair Judy Putz mentioned a Longwood resident on the news that had a roof put
on incorrectly.
Discussion ensued about the resident and the responsibilities of the inspectors.
Phil Kersey explained that the Administrative Chapter of the Florida Building
Code guides his job. Mr. Kersey noted that in regards to a reroof, or any roof, he
has implemented steps to help the roofing contractors with the process and the
rain. Mr. Kersey stated that he gets up on the roof when safety permits and has
equipment to see what is going on from the ground when he cannot safely get
on the roof. Mr. Kersey also explained that they are currently looking for an in
house building inspector in order to look out for the best interest of the City.
Mr. Kersey continued to give background on the Florida Building Code and how
he enforces it.
Member JoAnne Rebello asked if section 18-39, Fire Fees, was new or old.
Chris Kintner replied that the only thing changing is the section going from the
2011 edition to the 2015 edition, and updating that to the current code.
Member Joanne Rebello asked if we are thinking of instituting a fire fee .
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Phil Kersey replied no, and that part of the adoption December 31, 2017 is when
this code cycle took effect, so we needed to update this. The 2015 National Fire
Protection Association (NFPA) cycle is part of the 2017 Florida Building Code
Cycle.
Member Elias Khoury asked for clarification on the process of roofing permits
and the fact that the City is not held liable for the quality of work or
craftsmanship, just that they do the work up to code.
Phil Kersey replied that was correct and that they must do it up to code and
manufacturers installation specifics. The City and Building Official are not liable
for workmanship.
Member Elias Khoury moved that the Land Planning Agency recommend
approval of Ordinance 19-2159 to the City Commission, Seconded by
JoAnne Rebello and carried by a unanimous roll call vote.
DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS
Chris Kintner stated that there wouldn't be a meeting next month, and gave updates on
various projects underway including a Request for Proposals for the redevelopment of
downtown. He also provided updates on Starbucks and Taco Bell opening to the public,
South Seminole Hospital improvements, LA Fitness, Publix, the UPS expansion in 2020,
and Alta Apartments.
7. ADJOURNMENT
Chair Putz adjourned the meeting at 6:55 p.m.
Judy P e)iar
ATT T:
Kristin Zack- owen, Recording Secretary
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