City Commission Workshop Meeting

APPROVED: 2/6/2014 City Hall City of Eustis, Florida 10 North Grove Street Post Office Drawer 68 Eustis, FL 32727-0068 Meeting Minutes - Final* City Commission Workshop Thursday, January 9, 2014 5:30PM City Hall CALL TO ORDER: Mayor- 5:35 p.m. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: 5 - Linda Bob; Albert Eckian; Michael Holland; Karen LeHeup-Smith; and Kress Muenzmay I. Workshop Item #1 14011 Review of Land Development Regulations: Chapter 109 Dianne Kramer, Acting City Manager/Development Services Director, provided an overview of Chapter 109 and how it fits in with the rest of the code including land use districts and design district overlays, as well as a brief explanation of Chapters 110 and 115. The Commission asked for an explanation of the suburban neighborhood, suburban district and suburban center with Ms. Kramer explaining each and how the various areas of the City were identified when the form-based code was adopted noting that each design district includes a neighborhood, district, corridor and center. She further explained how the adopted design district map would be utilized by a developer to determine their land use district and then their design district. She added that the decision was that a single family home would look different in an urban area versus a suburban or rural area. She stated that the design district overlays allow the City to have different criteria for single family homes within the different design areas such as reduced setbacks in urban areas. She added that Chapter 109 describes the design districts with Chapter 110 providing the specifics of each district. The Commission discussed the designation of a land area as either a center or district with Ms. Kramer explaining that very few areas are designated as a center or district with most designated as either neighborhood or corridor. The Commission also discussed whether or not the form-based codes create more conflicts than a standard zoning code due to conflicting uses allowed adjacent to one another with Ms. Kramer noting that there are also compatibility standards in the code and a commercial use would have a different land use designation. The Commission asked about certain developed areas such as Avalon Park or one of the Villages neighborhoods with Ms. Kramer explaining those types of developments are normally not in a municipality but in unincorporated county. She stated that, depending on the character of the area, it would probably be designated as a district such as suburban or rural district. The Commission questioned if the suburban design district can be expanded with Ms. Kramer responding they would have to change the property's design district in order to do so. She explained the process utilizing a two-reading ordinance. The Commission and staff further discussed land use designation versus design district with Ms. Kramer indicating that staff has not had anyone ask to change a design district. She noted that, when a property is annexed, the design district is assigned. City of Eustis, Florida Page 1 Printed on 112312014 City Commission Workshop Meeting Minutes - Final January 9, 2014 II. Commission Discussion - Item #1 Ms. Kramer began reviewing Chapter 109 by section with the following clarifications and discussion: 1) Clarification of Section 109-1 - General that the intent was not to make the land development regulations (LOR's) equal to the comprehensive plan with Ms. Kramer explaining that, by state statute, the LOR's are the implementing tool for the comprehensive plan. Derek Schroth, City Attorney, added that the City must act consistent with the comprehensive plan but can change the LOR's as much as it wants to. 2) Page 3- Urban residential district (UR)- change from "six to 12 units per acre" to "up to 12 units per acre"- Ms. Kramer clarified that a subject property would still have to be compatible with the surrounding properties and that the change would provide more flexibility and still limit the density to no more than 12 units per acre. 3) Page 9- "Each land use provides for pedestrian and bicycle connections"- Ms. Kramer stated that sidewalks are required but not a dedicated bike lane with Mr. Schroth stating that the wording indicates the dedicated. lanes are permissible but not required. 4) Page 13 - Use Table - The Commission discussed the difference between the following residential uses: boarding & rooming houses, group homes with 6 or fewer, group homes with 7 or greater and multi-family dwellings with Ms. Kramer explaining the differences and the statutory requirements. The Commission and staff discussed the use of manufactured dwellings and concerns with use in established neighborhoods as well as the state regulations regarding manufactured homes and an attorney general's opinion that states they cannot be prohibited. It was noted that aesthetic regulations can be implemented; however, they must be uniform and cannot apply to just manufactured homes. Ms. Kramer provided slides showing various manufactured homes with different designs. Mr. Schroth recommended removing manufactured housing from the chart completely, although they would still be permitted, and adding criteria elsewhere that, for all homes, crawl spaces have to be enclosed. CONSENSUS: It was a consensus of the Commission for staff to remove "manufactured dwellings" from the use chart and to confirm if the existing code requires crawl spaces to be enclosed. 5) Page 15 - The Commission questioned the definition of "adult" on the chart under Commercial. Ms. Kramer explained the requirement that the City have some areas designated for adult entertainment/stores. Mr. Schroth noted that the City's code is fairly outdated with Ms. Kramer suggesting that it be changed to "L" with a reference to the code of ordinances regarding what is allowed. Fred Cobb, Police Chief, explained that the City can only regulate if alcohol is served. If the establishment does not serve alcohol, the City can't regulate it. CONSENSUS: It was a consensus of the Commission to change the "adult" designation to "L" (permitted subject to limitations). 6) Page 16- Kennels, Outdoor- The Commission questioned why those would not be permitted under Agricultural. CONSENSUS: It was a consensus of the Commission for kennels to be permitted under Agricultural. 7) Page 17 and 18- Warehouse and freight movement and Wholesale Trade -It was noted that one is designated Conditional Use and one is Limited for Wholesale Trade. Ms. Kramer explained there is a size limitation for Wholesale Trade and suggested changing Warehouse and Freight also to "L". City of Eustis, Florida Page2 Printed on 112312014 City Commission Workshop Meeting Minutes - Final January 9, 2014 CONSENSUS: It was a consensus of the Commission to change the Warehouse and Freight Movement designation to "L ". 8) Page 36 - The Commission discussed and expressed support for the recommended addition to Sec. 109-4.6 Bed and Breakfast: g. A structure detennined by the City to be of appropriate size and design to accommodate a "bed and breakfast" function. 9) Page 38- (12)- The Commission discussed changing the wording to "should" instead of "shall". It was agreed to leave as "shall" to remain consistent with the historic preservation regulations. 10) Page 40- Open Space- The Commission discussed the notation under (c) Open Space with Ms. Kramer explaining the need to consider the change as part of the planned workshop on open space. CONSENSUS: It was a consensus of the Commission for open space to be discussed in a separate workshop. III. Public Input - Item #1 Mayor Bob opened the floor to public comment at 6:32p.m. Dan Langley, Fishback Dominick law finn, stated his client would like to request they be allowed to have a land planner provide a presentation to the Commission regarding open space. He stated the planners name is Randall Arendt. He noted that Mr. Arendt was involved with the consultants that developed the City's code and regulations. CONSENSUS: It was a consensus of the Commission to allow the presentation to be provided after a regular Commission meeting and prior to the date of the open space workshop with Ms. Kramer to provide Mr. Langley with some possible dates for the presentation. IV. Commission Direction - Item #1 CONSENSUS: It was a consensus of the Commission for staff to proceed with the revisions as discussed. V. Workshop Item #2 14012 Large Scale Text Amendments to the Comprehensive Plan Ms. Kramer noted that Ordinance No. 13-12 was originally presented to the Commission in August; however, the Commission did not take action on the ordinance and directed staff to contact the State regarding the densities in certain districts for 35% open space. She reported on her discussion with the State and her review of the County's comprehensive plan. She noted they do not require as much open space as the City except in their rural areas. She stated that someone with property in the County in the Wekiva Study Area that wanted to annex into the City would be required to have much more open space than they would in the County. She indicated that was for General Commercial or Mixed Commercial Residential not residential development. She stated the City was only requesting to have the same open space requirements as in the County. She recommended that the City proceed with the amendment noting that the ordinance will need to be re-advertised. She confinned that she will provide both a clean copy and a strike-through copy for both the Commission and the public. VI. Commission Discussion - Item #2 The Commission asked about what would happen with the City's stipulated settlement agreement with the State if the comprehensive plan text amendment is approved. Mr. Schroth explained that, since both parties would be agreeing to an amendment, then that would replace the stipulated agreement. City of Eustis, Florida Page3 Printed on 112312014 City Commission Workshop Meeting Minutes - Final January 9, 2014 Ms. Kramer explained that the agreement stated that both parties agreed that the City would adopt those changes to the comprehensive plan, which was done. She indicated that the stipulated settlement agreement is actually over and done with. She further explained the history of the agreement and the City's open space requirement within the Wekiva Study Area. The Commission discussed the differences in the City and County's open space definition and requirements within both the land development regulations and the comprehensive plan with Ms. Kramer explaining that the County's comprehensive plan provides the same open space requirement for General Commercial both outside the Wekiva Study Area as within the study area while the City's is more restrictive within the study area. She stated that the City is requesting to go back to their original requirements and that there would not be any distinction between properties that are already in the City versus those that are annexed in the future . The Commission discussed the amount of property in the City that is designated as part of the Wekiva Study Area. VII. Public Input- Item #2 -None VIII. Commission Direction - Item #2 CONSENSUS: It was a consensus of the Commission for Ordinance No. 13-12 to be brought back on first reading. IX. Adjournment - 6:55 p.m. R-+-til.i--t-O-N-~TE-·Z-~ -=-t:J City Clerk --~--o4nkD~~~ &uL - Mayor/Commissioner *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 andchck on the v1deo for the meetmg m question . A DVD of the entire meeting or CD of the entire audio recording or verbatim transcript of the meetmg can be obtamed from the office of the City Clerk for a fee . City of Eustis, Florida Page4 Printed on 112312014