Planning and Zoning (P&Z)

PLANNING & ZONING BOARD AGENDA Board Members: Chairman Dominic Cicio, Vice-Chairman Richard Skyzinski, Keith Keogh, Robert Proper, Felicia Stewart, Douglas Faivre, Donald Tillman, Bill Mathias (non-voting) Other Attendees: Community Development Director Tim Maslow, City Attorney Anita Geraci- Carver, Planner DeWayne Jones, Senior Planner Andrew Landis, Recording Secretary Maria Ramirez Agenda for September 3, 2020 at 3 PM Virtual Zoom Meeting https://us02web.zoom.us/j/88316248894?pwd=ZHJlNmdRdzluSmFldFJtbHF3cElodz09 1. Call to Order Roll call and determination of quorum, Pledge of Allegiance, Pledge of Conduct 2. Consent Agenda a. Approval of minutes from the August 6, 2020 meeting 3. New Business a. Recommendation on Ordinance 2020-29: Trilogy PUD Amendment 4. Old Business a. No old business 5. Closing Comments Public, Board Members, Staff Adjourn to next week’s Special Planning and Zoning Board meeting on Thursday, September 10, 2020 at 2:00 p.m. For more information, contact: DeWayne Jones at dewayne.jones@groveland-fl.gov or 352-534-1751  PLANNING & ZONING BOARD AGENDA Meeting Protocol Please note: Most written communication to or from government officials regarding government business are public records available to the public and media upon request. Your e- mail communications may therefore be subject to public disclosure. Pledge of Conduct ● We may disagree, but we will be respectful of one another. ● We will direct all comments to issues. ● We will avoid personal attacks. ● Audience members wishing to speak must be recognized by the Chair. ● Speaking without being recognized will be considered “Out of Order.” Time Allotment The established and allotted time for the applicant, the public and board members to speak will be adhered to as follows: ● 20 minutes maximum for the applicant's presentation ● 5 minute maximum for public comment ● 10 minutes closing comments/statement by applicant ● Each board member may speak once, at a 5 minute maximum as follows: once after presentation, once after public comments and closing statements. For more information, contact: DeWayne Jones at dewayne.jones@groveland-fl.gov or 352-534-1751  NOTICE OF PUBLIC MEETING In order to reduce public gatherings and the spread of COVID-19, the September 3, 2020 Planning & Zoning Board Meeting will be held using telephonic video conferencing as authorized by Governor DeSantis in Executive Order 20-69. The public can attend the virtual meeting using either of the following options. JOIN BY PHONE: Members of the public can join the meeting by calling any one of the following telephone numbers below: Dial by your location +1 346-248-7799 Meeting ID: 883 1624 8894 Password: 915707 JOIN ONLINE: In addition to calling, persons may watch the meeting by going to https://us02web.zoom.us/j/88316248894?pwd=ZHJlNmdRdzluSmFldFJtbHF3cElodz09 Meeting ID: 883 1624 8894 Password: 915707 Please make sure to log in prior to the start of the 3:00 p.m. meeting. If you have difficulty or are unable to hear the meeting, please check your audio settings. We encourage you to use the link above and follow the prompts to download the necessary software at no cost in advance of the meeting. PUBLIC COMMENT: Persons desiring to provide public comment may do so by e-mail. Please include your name and address for the record. Comments will be limited to five minutes per person. VIA E-MAIL: Persons can submit public comments in advance of the meeting by e-mailing the City Clerk at virginia.wright@groveland-fl.gov. If submitted before 10:00 a.m. on the meeting date, the comments will be shared with the Planning & Zoning Board prior to the meeting and read into the record during the meeting. If submitted after 10:00 a.m. the comments will be shared with the Planning & Zoning Board after the meeting and retained as a public record. IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA) AND FLORIDA STATUTE 286.26, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK NO LATER THAN 3 BUSINESS DAYS PRIOR TO THE MEETING AT virginia.wright@groveland-fl.gov  CONSENT AGENDA AUGUST 6, 2020 PLANNING & ZONING BOARD MEETING MINUTES  City of Groveland Minutes Planning and Zoning Board Virtual Meeting Thursday, August 6, 2020 The Groveland Planning and Zoning Board held a regular meeting on Thursday, August 6, 2020 as a Virtual Zoom Meeting. Chair Cicio called the meeting to order at 3:00 p.m. The following Board Members were present: Richard Skyzinski; Keith Keogh; Robert Proper; Felicia Stewart; Doug Faivre and Donald Tillman. City Officials present were Anita Geraci-Carver, City Attorney; Tim Maslow, Staff Designee; Andrew Landis, Senior Planner; DeWayne Jones, Planner 1; and Maria Ramirez, Recording Secretary. Absent: Board Member Bill Mathias. PRESENTATIONS City Attorney Anita Geraci-Carver read the Planning and Zoning Board Guidelines. CONSENT AGENDA Recording Secretary Ramirez read the headnote into the record as follows: 1. Approval of minutes: July 2, 2020 Planning & Zoning Board Meeting. 2. Recommendation on Ordinance 2020-12: South Lake High School Annexation An Ordinance extending and increasing the corporate limits of the City of Groveland, County of Lake, State of Florida, pursuant to the voluntary annexation provisions of section 171.044, Florida Statues (2019);annexing 55.61 +/- acres of real property not embraced within the present limits of the City of Groveland; providing for findings; providing a legal description and a map; directing the City Manager to record certified copies of this Ordinance after approval with the clerk of the circuit court, the county manager of Lake County, and the secretary of the State of Florida; providing for conflicts and severability; providing for scrivener’s errors; setting an effective date. Public Comments: There were no public comments. Mr. Maslow had no comments. Motion: Board Member Proper moved to approve the Consent Agenda; seconded by Board Member Keogh. Motion passed with all members present voting aye. PRESENTATION: Director of Transportation & Public Works, TJ Fish presented the Watershed Study/Downtown Stormwater Plan.  The first thing was to look at the CRA Area, which is defined by the political boundary very formerly, though water does not follow boundary lines.  Sub-Basin Delineation within the CRA: This gives an overview of the analysis.  Flood Areas Divided into Four Regions: The Northeast Region, Southeast Region, Northwest Region, Northeast Region • Right in downtown, the water either flows to Atlantic Ocean or Gulf of Mexico. • Northeast Region Flood Zones holds extensive wetlands and flood zones. Has developmental potential with SR 50 realignment project.  Looked at the elevations to see what occurs with the waterflow in different scenarios. The areas in red will flood in certain events, which we can address with low cost construction projects.  There are various Groveland stormwater studies.  Sampey Road Flood Improvement Project: There is a pitchpoint which needs attention in order for the water to flow more readily towards the wetlands.  We were going to build a sidewalk along Gadson. However, we have a very interesting drainage system here, which is an opportunity and an asset that we can capitalize on for stormwater fixing. This is now more than just a sidewalk project. On the map, you can also see Baldwin Street which we need to work on with DOT perhaps during the SR 50 realignment.  On Garden Street, you can see where natural flood zones were filled in. With the Mount Pleasant project, this will help with the waterflow here.  The Downing Street Flood Improvement Project will also help the waterflow.  Regional Stormwater Management: At some point, we will be approaching the FDOT to potentially expand the area we can move the stormwater to the east and reclaim the frontage along 50 for development.  We also have the ability to use the right-of-way for the new SR 50 right-of- way to use underground storage  In the NW Basin, we have a project we can reach out to DOT to partner with them to reclaim developable property.  The LID is a real potential for Orange Street to install semi-impervious pavers to accomplish a lot comprehensively. Once we open the ground, we will be working on much more than stormwater.  These are the pervious pavers that can be utilized for East Bound Orange Street. We are looking at building the trail for them on Orange to provide connection to Lake David Park.  We talked about Commercial Development, there has been analysis for what we can reclaim for development. There is potential commercial development adjacent to SR50 realignment.   When you see the breakdown, we accomplish all of this for under one million dollars. This is all doable and will provide dramatic improvements very quickly.  This is a CRA funded project and we are working to apply to Fed Community Block Grant and to get SR50 Realignment further funded. We have creative approaches to get this hurried up and we are working with DOT to get through their obstacles. Member Proper asked Mr. Fish if he knew of any conflicts or impact with the code update? Mr. Fish stated, they have to address the stormwater and utilities first. Member Proper asked could this $865,000 project turn into a $3 million dollar project? CRA Manager/Economic Development, Dan Murphy stated it can turn to a $2 million dollar project. We are trying to get the funding through grants. Member Keogh requested a spreadsheet from Mr. Fish, showing the true cost and expected donations from DOT and expected impact. Mr. Fish he will provide a deeper level analysis. OLD BUSINESS 1. Recommendation on Ordinance 2020-10: SECO Comprehensive Plan Amendment Recording Secretary Ramirez read the headnote into the record as follows: An Ordinance of the City Council of the City of Groveland, Lake County, Florida, amending the City of Groveland's Comprehensive Plan pursuant to 163.3187(1), Florida Statutes, by amending the Comprehensive Land Use Plan designation from City of Groveland Agriculture to City of Groveland Public/Institutional on the Future Land Use Map for the herein described properties of 10 or less acres of land; authorizing the City Manager to amend said Comprehensive Plan; repealing all ordinances in conflict herewith; providing for severability and scrivener's errors; providing for an effective date; and providing for the forwarding of this Ordinance to the State of Florida Department of Economic Opportunity. DeWayne Jones addressed the Board with a presentation. These two ordinances are being continued due to the questions pertaining to the project, which includes a property relating to the downtown stormwater plan, the flood zone and the relocation of SR50.  This is the Aerial View of the site, the SECO Flood Map- they will need to meet the St. Johns flood requirements for the site for a 50 foot buffer line, this is a SECO FEMA Flood Map with the properties that are in the flood zone. You can see the property is outside of the flood zone.  You can see the property is a good distance away from the SR 50 relocation. Applicant Roxanne addressed the Board with a presentation.  Map of the Groveland Substation Territory with the substation coverage in yellow. The city limits is in the dotted.   You can see the distribution feeder areas and the three substations that will be looped.  Groveland Substation: Site Utilization: This is not a final display of the projection, but this is different than the original application. This is much closer than what appeared in the package.  If one substation were to fail, then the other two in the loop would pick it up. We currently have 47 substations, 2 in Groveland. We are just rebuilding this one. Member Keogh asked how the expansion will affect the load capacities. Applicant, Ben Dawson, stated with the expansion of the industrial projects, it indirectly affects the Groveland Substation which will be the backup for the Industrial Substation. Chairman Cicio stated he had looked at the supplemental documentation, the general proximity of Sampy Road which is close to the wetland. Do you have plans to lift the substation up? Mr. Dawson stated they will be doing some fill and we are taking into account the leveling of that area. This is still preliminary and we will do a more thorough design. Member Keogh asked are their boundaries that will be affected by the Dark Skies initiative. You are showing a big expansion with the numbers, but are you taking into account other boundary issues and regulations? Mr. Dawson stated this is a contract between us and Duke. What you are asking is outside of my scope. Chairman Cicio stated he’s new to the area and does not follow where Duke ends and where SECO begins. Do you work with Duke to see how much energy Groveland needs in general? Mr. Dawson stated they do not work directly with Duke or collaborate on the distribution size but we do on the transmission side. We utilize our data to make projections. Chairman Cicio asked what numbers they are projecting for the next 5 years. Mr. Dawson stated they are expecting a 2.5% growth. Mr. Maslow advised they expect more than double the growth in the next 20 years. Mr. Dawson stated there’s a lot of room for growth and if there is a need for growth, then they will look to open a new substation. We are looking to open construction in 2023. Mr. Maslow stated they do see a need for increased capacity to keep up with our growth. The boundaries between SECO and Duke. Member Proper advised Dark Sky is a critical component to the plan. Advises SECO to follow up and is officially requesting to address this issue. Mr. Dawson stated he will deliver Board’s message to the proper people. Member Proper asked how will Board get the information back? Mr. Maslow advised the FLU is coming into adoption the 24th and the Code update will require a Dark Sky Compliance and Certification, which is one of our biggest priorities. This is one of our key goals and it is deeply rooted in our values. We would love for our staff to correspond with SECO. Public Comments: Member Proper requested time frame to receive follow up from SECO. Mr. Maslow stated Dark Sky’s’ will be discussed August 12th. Motion: Board Member Keogh moved to approve Ordinance 20-10; seconded by Board Member Skyzinski.  Motion passed with all member present voting aye. 2. Recommendation on Ordinance 2020-11: SECO Rezoning Recording Secretary Ramirez read the headnote into the record as follows: An Ordinance of the City Council of the City of Groveland, County of Lake, State of Florid, to change the zoning from City of Groveland Agriculture to City of Groveland Utilities District for the herein described property owned by the Charles E. Bradshaw, Jr. Revocable Trust dates May 26, 2000 and located north of SR 50 and south of Sampey Road; directing the city manager to amend the zoning map as herein provided after the passage of this Ordinance; providing for scrivener’s errors and severability; repealing all Ordinances in conflict herewith; and providing for an effective date. DeWayne Jones recommended approval of Ordinance 2020-11. The Applicant had no comments. Public Comments: No Public Comments Motion: Board Member Keogh moved to approved Ordinance 2020-11; seconded by Board Member Skyzinski. Motion passed with all member present voting aye. BOARD MEMBER DISCUSSION There were no Board Member discussions CLOSING COMMENTS: Mr. Maslow stated staff has worked tirelessly to get the FLU adopted. We will cover this in the workshop on the 12th, which was brought to our attention from P&Z and Council to go through the Code document. The Code will come back to P&Z on September 3rd. The two readings for approval could take place in September. Between now and early next week, please email or call me if there is anything you would like to cover in the Code Workshop to make sure we review it at 10AM that morning. If you have not received the link yet, you will get it following this call. Chairman Cicio address the Board to notify Mr. Maslow if a member is interested in running for Chair. Term expires January 31, 2021. ADJOURNMENT Motion: Motion by Board Member Proper to adjourn the meeting at 4:24 p.m.; seconded by Board Member Faivre. Dominic Cicio, Chair Attest: Maria Ramirez, Recording Secretary  NEW BUSINESS TRILOGY PUD AMENDMENT ORDINANCE 2020-29 ATTACHMENT 1 Record and Return to: City of Groveland 156 S. Lake Avenue Groveland, FL 34736 ORDINANCE 2020-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, COUNTY OF LAKE, STATE OF FLORIDA, AMENDING ORDINANCE 2015-09-03, (THE CASCADES/TRILOGY PUD) TO PROVIDE FOR CERTAIN EQUIPMENT AND MECHANICAL STRUCTURES WITHIN THE SIDE SETBACKS AND TO ALLOW EXISTING WALLS IN EXCESS OF 6 FEET IN HEIGHT TO REMAIN WHILE PROHIBITING FUTURE WALLS FROM EXCEEDING 6 FEET IN HEIGHT AND PROVIDING FOR PENALTIES FOR ANY CONSTRUCTED IN VIOLATION ALL RELATING TO THE HEREINAFTER DESCRIBED LANDS WITHIN THE CITY OF GROVELAND, FLORIDA; OWNED BY MFS CASCADES, LLC AND SHEA HOMES ACTIVE ADULT LLC, GENERALLY LOCATED AT WILSON LAKE PARKWAY AND W. LIBBY ROAD, GROVELAND, LAKE COUNTY, FLORIDA; REPEALING ALL ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREIN; PROVIDING FOR SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Trilogy subdivision, formally known as Cascades, is located off Wilson Lake Parkway and was zoned Planned Unit Development in Ordinance 2002-09-41 and thereafter amended in Ordinance 2002-09-41A, Ordinance 2008-11-50, 2013-12-27 and 2015-11-32 (collectively, the “PUD”); and WHEREAS, MFS Cascades LLC and Shea Homes Active Adult LLC, the owner and applicant wishes to amend the PUD to allow for AC units and other mechanical structures to be located within side setbacks; and WHEREAS, residential walls were limited to 6 feet in height; however, many were constructed in excess and the owner and applicant have requested the City to allow these walls to remain; and WHEREAS, the City Council desires to restrict the height of any walls constructed after the adoption of this ordinance to 6 feet and provide for penalties for any constructed in violation. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Groveland, Florida, as follows: Section 1: Purpose and Intent. The zoning classification of the following described property, being situated in the City of Groveland, Florida, shall remain designated as PUD as defined in the City of Groveland Land Development Code. The PUD, pursuant to the application by MFS Cascades LLC and Shea Homes Active Adult LLC, the owner of the property hereinafter described, to amend the PUD zoning ordinance as set forth below. All other provisions shall remain unchanged. Ordinance 2020-29 Page 1 of 13 LEGAL DESCRIPTION: A portion of Sections 26, 27, 34 and 35, Township 21 South, Range 25 East, Lake County, Florida, being more particularly described as follows: Begin at the southeast corner of said Section 34, being a 6" x 6" concrete monument as per certified corner record 050778, dated December 14, 1994; thence North 89°45'40" West, along the south line of said Section 34 for a distance of 1,323.84 feet; thence departing said south line run North 00°21'44" East, along the west line of the East ½ of the East ½ of said Section 34 for a distance of 5,344.61 feet to a point on the north line of said Section 34; thence North 00°37'21" East along the west line of the Southeast ¼ of the Southeast ¼ of said Section 27, for a distance of 1,326.41 feet to the northwest corner of said Southeast ¼ of the Southeast ¼ Section 27; thence South 89°46'07" East along the north line of said Southeast ¼ of the Southeast ¼, for a distance of 420.01 feet; thence departing said north line run North 00°37'21" East, for a distance of 1,326.94 feet to a point on the north line of the Southeast ¼ of said Section 27; thence South 89°50'28" East, along said north line for a distance of 912.78 feet to the East ¼ corner of said Section 27; thence South 89°24'56" East, along the north line of the Southwest ¼ and the Southeast ¼ of said Section 26 for a distance of 3,353.25 feet; thence departing said north line run South 03°14'47" East, for a distance of 1,204.39 feet; thence South 01°38'39" East, for a distance of 784.35 feet to a point on the north line of the South ½ of the Southwest ¼ of the Southeast ¼ of said Section 26; thence South 89°31'34" East, along said north line for a distance of 516.82 feet to the northeast corner of said South ½; thence South 00°31'52" West, along the east line of the Southwest ¼ of the Southeast ¼ of said Section 26 for a distance of 661.29 feet to the southeast corner of said Southwest ¼ of the Southeast ¼; thence South 00°54'01" West, along the east line of the Northwest ¼ of the Northeast ¼ of said Section 35 for a distance of 1,326.94 feet to the southeast corner of said Northwest ¼ of the Northeast ¼; thence North 89°36'57" West, along the south line of the Northwest ¼ of the Northeast ¼ and the Northeast ¼ of the Northwest ¼ of said Section 35, for a distance of 1,985.75 feet to a point on the east line of the West ½ of the East ½ of said Section 35; thence South 00°35'34" West, along said east line for a distance of 4,012.95 feet to the south line of said Section 35; thence North 89°36'39" West, along said south line for a distance of 1,977.99 feet to the Point of Beginning. Section 2: Residential Setbacks. The following minimum setbacks shall be applied to single family dwelling units: Front: Any part of the structure (including but not limited to dwelling, storage, side loading garage, porches, but excluding front loading garage): 10 feet Front loading garages: 20 feet Side: For lots 50 feet or greater in width, the minimum side yard setback shall be 5 feet. For lots narrower than 50 feet in width, the side yard setback may be between 0 feet and 5 feet, Ordinance 2020-29 Page 2 of 13  provided that in no event shall the separation between dwelling units on adjacent lots be less than 10 feet. Rear: 10 feet Street side: 10 feet Single family dwelling units may locate AC units, generators, pool equipment and other mechanical structures in non-street side yards encroaching the side yard setback as long as a minimum 60 inches be provided between AC units, generators, pool equipment and other mechanical structures or fences (collectively referred to as “Encroachments”). AC units may be installed at slab on grade or on brackets that satisfy Florida Building Code as determined by the City's Building Official. Encroachments that do not meet code standards specified in Sec. 153-274 (a) will be considered conforming structures within the Trilogy Community. Slab on grade is not permitted within drainage and utility easements. Any Encroachments located within a platted easement are subject to removal at homeowner's expense if access is required. Additionally, when the condition exists where there is a retaining wall between two homes, and the home on the downhill side has 5’ or less to the wall, an AC unit mounted on brackets will be allowed and the 60 inch minimum as required in the preceding paragraph will not be required. All homes existing on the date of adoption of this Ordinance, and homes not completed, but permitted on the date of adoption of this Ordinance will be considered conforming structures within the Trilogy Community. Section 3: Residential Walls. Wall structures existing on the date of adoption of this Ordinance that exceed 6 feet in height will be allowed to remain without alteration. Any new wall structures to be constructed after the date of adoption of this Ordinance shall not exceed 6 feet in height, and if any such wall is constructed in excess of 6 feet in violation of this Ordinance it must be brought into conformance prior to the City issuing a certificate of occupancy for the associated residence. Section 4: Conflict. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Severability. That if any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 6: Scrivener’s Errors. Scrivener’s errors in the legal description may be corrected without a public hearing or at public meeting, by re-recording the original ordinance or a certified copy of the ordinance and attaching the correct legal description. Section 7: Effective Date. This Ordinance shall become effective immediately upon its approval and adoption by the City Council. Ordinance 2020-29 Page 3 of 13 PASSED AND ORDAINED in regular session of the City Council of the City of Groveland, Lake County, Florida, this ______day of ___________, 2020. _______________________________________ Evelyn Wilson, Mayor City of Groveland, Florida Attest: _____________________________________ Virginia Wright, City Clerk Approved as to form and legality: ________________________________ Anita Geraci-Carver, City Attorney First Reading __________________ Second Reading ________________ Council Member ______________ moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member ________________ and upon roll call on the motion the vote was as follows: YEA NAY Mike Radzik Mike Smith Dina Sweatt Randolph Waite Evelyn Wilson Ordinance 2020-29 Page 4 of 13