Planning, Zoning and Adjustment Board

Village of Wellington 12300 Forest Hill Blvd Wellington, FL 33414 Action Summary Thursday, September 28, 2023 7:00 PM Village Hall Planning, Zoning and Adjustment Board John Bowers Tracy Ciucci Ron Herman Maureen Martinez Adam Rabin Satesh Raju Jeffrey Robbert Planning, Zoning and Adjustment Action Summary September 28, 2023 Board I. CALL TO ORDER Jeffrey Robbert called the meeting to order at 7:00 p.m. Members present: Jeffrey Robbert; John Bowers; Ron Herman; Dr. Satesh Raju and Adam Rabin. Maureen Martinez arrived during the Swearing in of Speakers/Declaration of Ex-Parte Communications. Members Absent: Tracy Ciucci. Staff present: Laurie Cohen, Wellington Attorney; Tim Stillings, Planning, Zoning and Building Director; Cory Lyn Cramer, Planning and Zoning Manager; Damian Newell, Senior Planner and Jennifer Fritz, Recording Secretary. II. REMARKS BY CHAIRMAN III. PLEDGE OF ALLEGIANCE Pledge of Allegiance was done. IV. APPROVAL OF MINUTES None. V. ADDITIONS/DELETIONS/REORDERING OF AGENDA None. VI. SWEARING IN OF SPEAKERS/DECLARATION OF EX-PARTE COMMUNICATIONS Laurie Cohen asked if any of the 49 property owners were present. None were present. No swearing in was required. Dr. Satesh Raju spoke to Mayor Gerwig, Councilman Drahos and the developer. Ron Herman spoke to staff. John Bowers spoke to staff and Councilman McGovern. Adam Rabin spoke to Councilman McGovern. Maureen Martinez and Jeffrey Robbert had no ex-parte to declare. Cory Lyn Cramer thanked the public for coming out to the meeting. Ms. Cramer explained how to submit public comments from the Village of Wellington’s website and encourage the public to attend the Council meeting. VII. OLD BUSINESS PZ-0312 The Wellington North - Public Hearing (Limited) A motion was made by Ron Herman, seconded by John Bowers, to open public Village of Wellington Page 1 Planning, Zoning and Adjustment Action Summary September 28, 2023 Board comment. The motion passed unanimously (6-0) with Tracy Ciucci absent. A motion was made by John Bowers, seconded by Ron Herman, to close public comment. The motion passed unanimously (6-0) with Tracy Ciucci absent. Mrs. Cohen stated since there was no public comment and no new evidence to consider, she recommended the board ratify their prior recommendations to Council. A motion was made by John Bowers, seconded by Ron Herman, to reaffirm the motion on Ordinance 2023-01, The Wellington North CPA. The motion passed unanimously (6-0) with Tracy Ciucci absent. A motion was made by John Bowers, seconded by Ron Herman, to reaffirm the motion on Ordinance 2023-02, The Wellington North Rezoning. The motion passed unanimously (6-0) with Tracy Ciucci absent. A motion was made by John Bowers, seconded by Ron Herman, to reaffirm the motion on Resolution R2023-01, The Wellington North Master Plan Amendment. The motion passed unanimously (6-0) with Tracy Ciucci absent. VIII. NEW BUSINESS PZ-0310 ORDINANCE NO. 2023-14 (MULTIPLE USE PLANNED DEVELOPMENT ZONING TEXT AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING WELLINGTON’S LAND DEVELOPMENT REGULATIONS, MORE SPECIFICALLY, A ZONING TEXT AMENDMENT (PETITION 2023-0002-ZTA) TO MODIFY THE STANDARDS FOR MULTIPLE USE PLANNED DEVELOPMENT (MUPD) ZONING DISTRICT IN ARTICLE 6, SECTION 6.5.6, TO INCLUDE CONSERVATION AS A PERMITTED USE TYPE, AND TO AMEND THE MAXIMUM PERCENTAGE ALLOWED FOR A SINGLE USE WITHIN A MUPD, AS MORE SPECIFICALLY CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Damian Newell, Senior Planner, reviewed the request to amend Section 6.5.6 of Wellington’s Land Development regulations (LDR) modifying regulations related to Multiple Use Planned Development (MUPD) Zoning District. The request will include conservation as a permitted use and maximum percentage allowed for a single use. Mr. Newell reviewed the background of the LDR for each use type and how in Section 6.5.6, conservation is listed as a use type but not in Section 6.5.6.C. and revising the maximum single use percentage to no more than 60%. Mr. Newell introduced Brian Terry, with Insite Studio, Inc. Staff recommends approval of the request and requested to enter the file into the record. A motion was made by John Bowers, seconded by Ron Herman, to open public comment. The motion passed unanimously (6-0) with Tracy Ciucci absent. Village of Wellington Page 2 Planning, Zoning and Adjustment Action Summary September 28, 2023 Board Cynthia Gardner, 13268 Polo Club Road, stated to consider affordable housing. A motion was made by John Bowers, seconded by Ron Herman, to close public comment. The motion passed unanimously (6-0) with Tracy Ciucci absent. A motion was made by John Bowers, seconded by Ron Herman, to recommend approval of Ordinance 2023-14. The motion passed unanimously (6-0) with Tracy Ciucci absent. PZ-0309 ORDINANCE NO. 2023-13 (VACATION RENTALS ZONING TEXT AMENDMENT) AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, MODIFYING ARTICLE 6 OF THE LAND DEVELOPMENT REGULATIONS RELATED TO VACATION RENTALS BY AMENDING VACATION RENTALS IN TABLE 6.2-1: USE REGULATIONS SCHEDULE AS A SPECIAL USE; AMENDING SEC.6.2.2.A - SUPPLEMENTARY REGULATIONS FOR VACATION RENTALS; CREATING SUSPENSION AND REVOCATION PROVISIONS, AND ESTABLISHING A SPECIAL USE PERMIT REQUIREMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Tim Stillings presented a request to amend Article 6 of the LDR by modifying Vacation Rentals in Table 6.2-1: Use Regulations Schedule as a Special Use and amending Sections 6.2.2.A supplementary regulations for vacation rentals and creating suspension and revocation provisions. Recent issues impacting adjacent properties and neighborhoods have prompted the Village Council to direct the drafting of additional standards and enforcement provisions for consideration. The proposed changes to the Vacation Rental supplementary regulations attempts to address these issues. Mr. Stillings reviewed the violations, penalties, the use of obtaining a special use permit and timeframes on violations. Mr. Stillings pointed out the Village cannot regulate the duration or frequency of the rentals. Mrs. Cohen recommended a revision to the Ordinance for 5.e.i.c to change to: A violation by a property owner of any provision of the Supplemental Regulations for a vacation rental should constitute a Class III civil infraction. A motion was made by John Bowers, seconded by Ron Howard, to open public comment. The motion passed unanimously (6-0) with Tracy Ciucci absent. A motion was made by John Bowers, seconded by Ron Howard, to close public comment. The motion passed unanimously (6-0) with Tracy Ciucci absent. Mr. Stillings suggested for 5.e.ii.a to change to: upon a second violation within six months of the first violation and 5.e.11.b would be a third violation within 30 days of the second violation and if no violation incurred for 12 months period, the older violations would drop off. The Board discussed various options on the timeframe of violations. Mrs. Cohen recapped the modifications to include 5.e.i.c to clarify the language on removing property owner; defining property owner; changing the Village of Wellington Page 3 Planning, Zoning and Adjustment Action Summary September 28, 2023 Board wording about violations on any provision in the supplemental regulations constitutes a Class III civil violation; and adding language to Section e on the penalties. A motion was made by Adam Rabin, seconded by John Bowers, to recommend approval of Ordinance 2023-13 with stated revisions. The motion passed unanimously (5-1) with Ron Herman dissenting and Tracy Ciucci absent. IX. COMMENTS FROM THE PUBLIC None. X. COMMENTS FROM STAFF Ms. Cramer advised the Board of potential upcoming items. Ms. Cramer pointed out the November meeting has been moved to November 8, 2023. Mr. Rabin stated he would not be available to attend the October meeting, but could possibly attend via ZOOM. XI. COMMENTS FROM THE BOARD XII. ADJOURN The meeting adjourned at 8:36 p.m. NOTICE Village of Wellington Page 4