City Commission Workshop

APPROVED 12/13/2022 MINUTES City Commission Workshop 3:00 PM - Monday, October 03, 2022 - City Hall CALL TO ORDER: 3:03 P.M. PRESENT: Mayor Michael Holland , Vice Mayor Emily Lee, Commissioner Nan Cobb, Commissioner Willie Hawkins and Commissioner Karen LeHeup-Smith ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE 1. WORKSHOP ITEM WITH DISCUSSION, PUBLIC INPUT AND DIRECTION 1.1 Various topics concerning the Comprehensive Plan and land density issues Tom Carrino, City Manager, introduced the topics for discussion, including future land use designations and density, keeping of fowl, and Map #19. Mike Lane, Director of Development, discussed City of Eustis Regulatory Considerations for current code and options including density, backyard chickens and Map #19. He referenced Table 1: Intensity Limitations By Land Use District indicating the land use district, density, floor area ratio , maximum building height, maximum open space within Wekiva, maximum open space outside Wekiva and maximum Impervious surface. Mr. Lane noted that the City of Eustis has thirteen land use districts with nine having density ties to them. He reviewed current density language and definitions regarding dwelling units per acre and noted that density indicates the number of dwelling units permitted per net buildable acre of land. He included the terms gross density, net density, and net buildable density. Mr. Lane reviewed the language related to the current code standards from the Land Development Regulations (LDRs) and shared an example of a recent subdivision development related to density. The Commission asked about current code in relation to gross calculations. The Commission asked about infrastructure constraints and net density versus gross density. Mr. Lane referenced the net buildable acreage. He noted a 25-acre subdivision is not achievable for a developer for 125 lots due to the dimensions of the lots. Mr. Carrino noted using gross density on 25 acres could allow for a maximum of 125 lots. Mr. Lane noted that most communities in Lake County refer to net density. Mr. Lane asked the Commission for thoughts or direction for consideration. He commented that options include establishing a future land use map of an agricultural area to allow for 3 to 3.5 units per acre, a future land use category with a more residential category in the same range, or maintain current districts and encourage when annexing additional properties to be more agricultural or rural properties. Eustis City Commission Page 1 of 5 October 03, 2022  Mr. Carrino commented the advantage of 3 to 3.5 units per acre compared to 5 units per acre. He noted that even at 5 units per acre, due to infrastructure, it is not achievable and 3 - 3.5 units may be a more accurate reflection, depending on requirements, of what a developer may achieve with current regulations. Mr. Lane noted the net buildable acreage in regulations as a protection for agricultural future land use, and he preferred looking at the rural residential category for options. Commissioner Cobb commented on keeping the agricultural land use category with a specification of up to three or three and a half dwelling units per acre. Commissioners Cobb and Hawkins noted a preference for three dwelling units per acre. Mr. Carrino noted looking at the option of rural residential and agricultural land use options. Mr. Lane suggested looking at the rural residential option or a higher density. He noted that a comprehensive plan text amendment would need to be made. Commissioners discussed options to move forward for rural residential or agricultural land use. Mr. Lane commented on establishing a new category in Future Land Use which allows for an Agricultural Category that allows for up to 3 to 3.5 dwelling units per acre. Jeff Richardson, Deputy Director of Development, commented on density bonuses and options for land use specifications. Mr. Carrino noted the design concept options for density. Mr. Lane commented that planning is an art not a science. He noted options for categories for developers that would allow the Commission to make decisions based on regulations for the categories. He clarified the direction to establish a rural residential category for up to three dwelling units per acre. Mr. Carrino asked the Commission if the option to modifying an existing rural residential future land use category made the most sense. Mr. Lane commented that the rural residential category is one unit per acre and that can remain and a new, additional category can be created to allow for agricultural and rural residential use. Maintain the current districts but encourage the Planning staff to recommend more Agricultural districts for those properties which seek future annexations into the City. CONSENSUS: The City Commission concluded that the best option may be to modify or create a category for housing to include 3 units per acre. Jeff Richardson, Deputy Development Director, commented on options. Mr. Lane noted that planning is an art not a science. He commented on the affordable housing issue related to density categories. He noted that this will likely require a modification to the Comprehensive Plan. Mr. Lane noted some discrepancies on the map with larger parcels which should be agricultural and need modification. Eustis City Commission Page 2 of 5 October 03, 2022  Mr. Carrino noted the unintended consequences of changing classifications for current homeowners. He summarized that staff will work to bring back options to the Commission for up to three dwelling units per acre (3 DUs) density. Mr. Lane reviewed the current process for backyard chickens per the Use Regulations Use Intensity Table in the City's LDRs. He noted that to establish a new Future Land Use which allows an Agricultural Category that allows 3 to 3.5 dwelling units per acre. He commented on the processes for other areas to regulate chickens include the City Manager and City Clerk as part of the decision making for use. As part of the Conditional Use Permit process, Mr. Lane noted that the City Commission could impose strict standards and guidelines or conditions for backyard chickens if they wish or choose to. He noted that the Commission could also deny the request and prohibit the applicant from such activity. He commented that the Commission may maintain the current code and continue to require those desiring to have chickens to get a conditional use permit with an $800 fee or allow backyard chickens in the agricultural and rural districts only. Mr. Lane introduced the idea of requiring individuals who have the chickens to permit them with the City and require them to follow a distance requirement (for the chicken coop) from their neighbors. Require those wanting chickens to get signatures/permission from their neighbors before being allowed. Commissioners noted a preference for chickens in the agricultural and rural residential areas. Commissioner Hawkins noted his preference for homeowners to have the option to have chickens within the guidelines and parameters within rural residential use. Commissioner LeHeup-Smith commented on her preference to not have chickens, and in interest in rural or agricultural areas permitting chickens with a conditional use permit. She noted an interest in enforcement for the keeping of backyard chickens. Commissioner Cobb commented on a preference for requirements and a concern for enforcement. Vice Mayor Lee commented on the health issues associated with chickens. She noted a preference for agricultural and rural residential areas more appropriate for chickens. Commissioner Hawkins asked about fines for monitoring and violations regarding chickens. Mr. Carrino noted Code Enforcement's involvement in the process if there is a violation or fine which depends on whether there is a conditional use permit. Commissioner Hawkins asked about enforcement and conditional use options. Mr. Carrino noted options for homeowners for violations from the owners not having the chickens any longer or going through the process of a conditional use permit. Vice Mayor Lee commented that she does not want chickens and is aware of what is needed to maintain having chickens and permitting them. Commissioner Hawkins commented on an interest in allowing chickens within parameters, including allowing for a conditional use permit for an appropriate fee. Commissioner Cobb commented on a preference for agricultural and rural districts. Eustis City Commission Page 3 of 5 October 03, 2022  Mr. Carrino sought clarification on whether the Commission was interested in allowing chickens by right in agricultural and rural areas only and not allowing for conditional use permits. Commissioner LeHeup-Smith noted a preference for rural and agricultural districts for chickens and not allowing chickens in urban areas. Mayor Holland noted the consensus for agricultural and rural districts for chickens. Mr. Carrino noted that there is no path forward with this option for a conditional use permit. Mr. Richardson commented on the path forward to remove the conditional use option from other categories. Mr. Lane discussed Map #19 and Lake County's website showing the adopted future land use map that contains a different map from the City of Eustis. He discussed the proposed 2025 future land use joint planning area for the Comprehensive Plan's May #19 and noted the map references a number of locations that were low density two years ago and now are higher density - referred to as urban low density. The City of Eustis map shows low density residential at 2.5 units per acre, and the Lake County map shows 4 dwelling units per acre. Mr. Lane noted that at the staff level there is discussion about the urban boundary and not about the land uses as the boundary in the planning area is provided. Mr. Lane commented that one option is not to remove Map #19 but to replace it with the Lake County map that was adopted three years after the City map. He noted that this County map dated May 25, 2010 shows higher densities. The Commission asked about the pro and con options for Map #19. Commissioner LeHeup-Smith clarified that an option was to replace Map #19 with the Lake County map and make an adjustment to the comprehensive plan. She asked if a future land use map needs to be included. Mr. Lane comments that the future land use map does not need to be included and only need to show the joint planning boundary. Mr. Lane noted that the attorneys suggest removing Map #19 and the County argues that they oppose higher density, but their own map shows a higher density than the previous joint planning map shows from their GIS/mapping staff. Mr. Lane suggests that the best option is to remove Map #19. Commissioners asked about adopting the County map in the future. Mr. Lane noted the best option may be to remove Map #19 to avoid confusion. Mr. Richardson noted that Map #19 is not enforceable as it is not the City's map. Mr. Carrino noted that Map #19 is inconsistent with the City and the County's Comprehensive Plan. He noted that the options are to remove Map #19 completely and not replace or replace it with the County's current Comprehensive Plan categories which may introduce other complications. Mr. Richardson and Mr. Carrino noted that a boundary plan map with no future land use categories could be included. Mr. Lane cautioned on including a boundary line map which could give justification to the County regarding growth and encroachment issues in the future. CONSENSUS: Commissioners agree that removal of the map is the best option. Eustis City Commission Page 4 of 5 October 03, 2022  The Commissioners asked about and discussions with the County about this map. Staff noted no discussions between the City and County regarding this map. Mr. Carrino noted that the East Central Florida Regional Planning Commission is facilitating a county wide joint planning effort. He noted that the parties will need to work through diverse county planning issues to cooperatively joint plan with these different issues. He also noted that Map #19 has not come up in discussion as part of that county wide joint planning effort. Mayor Holland asked for other comments; there being none, the Commission moved forward. Mr. Carrino asked the Commission about scheduling a community meeting for Sharps Mobile Home Park. The Commission decided on Tuesday, October 18th at 5:30pm with attorney representation at the Commission Chambers. Commissioner Hawkins commented on the homecoming parade at Eustis High School on October 26th at 4:00 p.m. and The Commission, Eustis Police and Fire were asked to attend. 2. ADJOURNMENT: 4:12 P.M. *These minutes reflect the actions taken and portions of the discussion during the meeting. To review the entire discussion concerning any agenda item, go to www.eustis.org and click on the video for the meeting in question. A DVD of the entire meeting or CD of the entire audio recording of the meeting can be obtained from the office of the City Clerk for a fee. CHRISTINE HALLORAN MICHAEL L. HOLLAND City Clerk Mayor/Commissioner Eustis City Commission Page 5 of 5 October 03, 2022