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HomeMy WebLinkAbout09-27-2000 MINUTES OF THE PLANNING AND ZONING COMMISSION *411r► REGULAR MEETING HELD WEDNESDAY, SEPTEMBER 27, 2000 CALL TO ORDER The meeting was called to order by Chairman Bond at 7:30 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Bond, Members Golden, Matthys, McKey, Miller and West. Also present were Planning Director Wagner, Assistant City Attorney Cookson and Deputy City Clerk Green. ABSENT: Vice Chairman Landefeld, Members Christoefl (ill) and Rhodus. CONSENT AGENDA None. NEW BUSINESS PROPOSED AMENDMENT TO LAND DEVELOPMENT CODE PUBLIC HEARING DEFINITION OF DEVELOPMENT (ARTICLE II, SECTION 2 -4) USE REGULATIONS (ARTICLE V, TABLE 5 -1) (ORDINANCE No. 2000 -27) Planning Director Wagner presented the Staff Report explaining the two proposed amendments were needed following City Commission approval of the Master Plan and Development Agreement for the Florida Auto Auction. The first amendment would add "Motor Vehicle Wholesale" as a new category to Article V - Table 5 -1 "Use Regulations." It would be a permitted use in Zoning Districts C -3, I -1, and I -2. The modification would include a use that has operated in the City for many years. The second amendment is to Article II, Section 2 -4 (C) (81), definition of development. It will modify the uses or activities considered not to be development to include "the piping, covering, or crossing of existing manmade canals or ditches." Mr. Wagner explained that the Auto Auction has a very large manmade drainage canal that cuts their property in half. The Auto Auction would like to fill in the ditch and pipe it with dual 60" pipes. The Development Agreement with the Auction provides that they are responsible for the ditch and its maintenance. The City would have the right to inspect it. Mr. Wagner said that Staff felt that the proposed amendment would have minimal impact on the Code pertaining to wetlands and flood plain areas while providing for the continuation of the Auto Auction, a business which has major impact on the economy of the community. Planning and Zoning Commission Regular Meeting September 27, 2000 Chairman Bond asked if the proposed Code change would affect the Maine Street property when it is developed. Mr. Wagner said the property includes a drainage ditch. State law allows crossing a 100 year flood plain or wetland for an important public arterial as part of the transportation plan. He said mitigation would be required but the right to cross it exists. Mr. Wagner said the issue for Planning and Zoning members is if others will propose to fill in drainage ditches and if that would have an impact on flooding or wetlands. Member West asked if the City Code allows for mitigation. Mr. Wagner said the Code does provide for mitigation but that portion needs to be rewritten. He said Staff has been following St. John's River Water Management District mitigation requirements. Member Golden asked the meaning of the provision "providing for conflicts" at the end of the ordinance. Assistant City Attorney Cookson explained that the provision means that any ordinance or any part of the Code that conflicts with this ordinance is repealed. Mr. Wagner pointed out that Sections 4 and 5 are standard clauses in any ordinance that the City adopts. %r.. Member Golden asked what protection the City has if manmade canals or ditches are wetlands or conservation areas. Mr. Wagner explained that determining where a ditch ceases to be manmade and when it has reverted to its natural state by silting would require interpretation of the Code. Member West asked if all of the ditch to be piped is on the Auto Auction's property. Mr. Wagner said they plan to pipe only the portion that is on their property but will extend pipes under Marshall Farms Road into the ditch. He said only 500 to 600 feet on either end of the ditch is in the 100 year flood plain. Mr. West said we should not try to make wetlands out of drainage ditches. Member Golden said his concern is not about this property, but about what will be in the Code. He asked if Staff has looked at all the ditches in the City and are not concerned about a loophole impact for development in wetlands or conservation areas. Mr. Wagner said it is not possible to create "loophole free" ordinances. He said due to the City's rolling topography there is a distinct line between upland and wetland and the 100 year flood plain almost always follows the wetlands. He said he thought the wetland issue could be overcome by our own interpretation and explained that City policy and practice are applied in enforcing the Code. 2 Planning and Zoning Commission Regular Meeting September 27, 2000 Member McKey pointed out that the word "canal" on page 2 of the ordinance is not preceded by "manmade" as it is on page 3. He suggested that the terms should be consistent, and asked if Staff was concerned about future consequences of the change. Mr. Wagner responded that he thought the change would affect only a few crossings as very few people could afford to pipe significant ditches. The public hearing was opened. As no one was present from the public to speak to this issue, the public hearing was closed. Member Matthys pointed out that the first part of the LDC Amendment referred to including "Motor Vehicle Wholesale" as a permitted use. He asked if it is not permitted now in the district. Noting he had asked at the last meeting if this was an expansion of a legally non - conforming use, he asked if the City had a threshold for an expansion of a non - conforming use. Mr. Wagner said it is considered a legal non - conforming use. He said if it remained and the absolute definition was a legally non - conforming use, then it theoretically could not be expanded. He said the Code prohibits adding to the non - conformity. He pointed out ., that the Motor Vehicle Wholesale use had not been included in the Code due to oversight. As had been recommended by Staff, Member West, seconded by Member McKey, moved that Planning and Zoning Commission recommend adoption of Ordinance No. 2000 -27 amendin• Article V - Table 5 -1 "Use Regulations" and Article II, Section 2 -4 (C)(81) - Definition of Development of the Cha.ter 180 of the Code of Ordinances. Motion carried 6 -0. OLD BUSINESS None. OTHER BUSINESS None. COMMENTS Planning Director Wagner said the Preliminary Subdivision Plan for Tract E, Prairie Lake PUD will be on the Planning and Zoning agenda for October 10. He said it has a combination of 50 foot lots and town homes and is "grandfathered" in on the old PUD Sow 3 Planning and Zoning Commission Regular Meeting _r, September 27, 2000 originally approved in 1986/1987. It is one of the only developments in the City in which they are allowed to extend into the 100 year flood plain. He said there will be policy decisions to be made by the Planning and Zoning Commission and City Commission. ADJOURNMENT The meeting was adjourned at 8:04 p.m. Attest: APPROVED: 4 Marian Green, Deputy City Clerk ' .t Bond, Chairm. •' 4