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Agenda Ormond Beach Planning Board

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Agenda Ormond Beach Planning Board AGENDA ORMOND BEACH PLANNING BOARD Regular Meeting August 13, 2009 7:00 PM City Commission Chambers 22 South Beach Street Ormond Beach, FL PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO `APPEAL ANY DECISION MADE BY THE PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBLIC MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SAID PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 677-0311 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. I. ROLL CALL II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. NOTICE REGARDING ADJOURNMENT THE PLANNING BOARD WILL NOT HEAR NEW ITEMS AFTER 10:00 PM UNLESS AUTHORIZED BY A MAJORITY VOTE OF THE BOARD MEMBERS PRESENT. ITEMS WHICH HAVE NOT BEEN HEARD BEFORE 10:00 PM MAY BE CONTINUED TO THE FOLLOWING THURSDAY OR TO THE NEXT REGULAR MEETING, AS DETERMINED BY AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD MEMBERS PRESENT (PER PLANNING BOARD RULES OF PROCEDURE, SECTION 2.7). V. PLANNING DIRECTOR'S REPORT VI. APPROVAL OF THE MINUTES A. July 9, 2009 [08.13.09 Planning Board Agenda.doc] Planning Board Agenda Page 2 VII. PUBLIC HEARINGS A. LDC 09-23: Landmark Designation Land Development Code Amendment This is a request by the Preservation Committee of the Ormond Beach Historical Society Inc. and an administrative request respectively, to amend Section 2-71 (Historic Districts and Landmarks) of the Land Development Code (LDC) to have one (1) Landmark property – 715 West Granada Boulevard (Three Chimneys) added to the Ormond Beach Historic Landmarks List and to change the requirement for notice for public hearings from certified mail to regular mail. B. LDC 09-28: Land Development Code Amendment – Section 2-50(F) Carports This is an administrative request to amend the existing language in the Land Development Code Chapter 2, Article III, Section 2-50(F), Carports, by adding language that clarifies requirements for a permanent structure. VIII. OTHER BUSINESS/INFORMATIONAL ITEMS A. EAR-Based Amendments Discussions: • Cultural and Historic Resources Element; • Recreation and Open Space Element; and • Transportation Element. IX. MEMBER COMMENTS X. ADJOURNMENT [08.13.09 Planning Board Agenda.doc] STAFF REPORT City of Ormond Beach Department of Planning DATE: August 1, 2008 SUBJECT: Amendment to Section 2-71, Chapter II, Article VI of the Land Development Code (Landmark Designation and changing the requirement for certified mail.) APPLICANT: Preservation Committee of the Ormond Beach Historical Society Inc. and the City of Ormond Beach NUMBER: LDC 09-23 HTE FILE NUMBER: 09-17500009 PROJECT PLANNER: S. Laureen Kornel, AICP Senior Planner INTRODUCTION: This is a request by the Preservation Committee of the Ormond Beach Historical Society Inc. and an administrative request respectively, to amend Section 2-71 (Historic Districts and Landmarks) of the Land Development Code (LDC) to have one (1) Landmark property – 715 West Granada Boulevard (Three Chimneys) added to the Ormond Beach Historic Landmarks List and to change the requirement for notice for public hearings from certified mail to regular mail. The section to be amended is as follows: Name of Section or Purpose of Item Section(s) Amendments 1 Section 2-71, Chapter II, Article VI Historic Districts and Landmarks BACKGROUND: Landmark Addition – 715 West Granada Boulevard (Three Chimneys) A description of the proposed landmark designation, including its historical attributes location and photos, are included in a staff report dated March 5, 2009 (see Exhibit A – Historic Landmark Preservation Board Staff Report). The Historic Landmark Preservation Board (HLPB) unanimously (6-0) recommended approval of the local designation of the Three Chimneys property on March 16, 2009 (see Exhibit B – March 16, 2009 HLPB Meeting Minutes). PB 0809 LDC 09-23 Landmark Designations Ordinance July 28, 2009 Preservation Committee of the Ormond Beach Historical Society Inc. and the City of Ormond Beach Page 2 Certified Notification Requirement In addition to updating the Ormond Beach Historic Landmarks List, staff is following up with the previously adopted land development code amendment (LDC 08-44) which changed the requirement for notice of public hearings by certified mail to regular mail in January, 2009. At the time of processing of LDC 08-44, staff had intended to change the notification requirement throughout the entire LDC, including for Certificates of Appropriateness. However, staff decided Chapter II, Article VI, Section 2-71 of the LDC would be amended in a comprehensive manner at such time when another amendment to Section 2-71 was needed. Since Three Chimneys is being added to the Ormond Beach Historic Landmarks List at this time, it was decided that it would also be appropriate to change the requirement for notification of public hearings by certified mail to regular mail. The proposed change for notice of public hearings by certified mail to regular mail was discussed by the HLPB at the July 20, 2009, HLPB meeting and is supported by the HLPB (see Exhibit C - July 20, 2009, HLPB Meeting Minutes ). The recommendation of the Planning Board is tentatively scheduled for 1st reading by the City Commission on September 15, 2009, and subsequently for a 2nd reading at the October 6, 2009, City Commission meeting. ANALYSIS: The purpose of the proposed amendment is to add Three Chimneys to the Ormond Beach Historic Landmarks List and to change the public hearing notification requirement for certified mail to regular mail (see Exhibit D - Proposed Amendment, Section 2-71, Chapter 2, Article VI). The fundamental intent of Section 2-71 of the LDC will remain. There are certain criteria that must be evaluated before adoption of an amendment. According to Section 1-15 of the LDC, the reviewing boards should consider the following, when making their recommendation: (1) Whether it is consistent with all adopted elements of the Comprehensive Plan. There are no specific references in the Comprehensive Plan pertaining to the proposed changes. However, Objective 5.1 of the Future Land Use Element discusses the revision of the City’s regulations in order to reflect changing conditions. (2) Its impact upon the environment or natural resources, including but not limited to drainage, wetlands and other environmentally sensitive areas. There shall be no impacts on natural resources or the environment resulting from this. (3) Its impact on neighborhood and adjoining properties and the compatibility or proposed or allowable uses with existing land use patters. The proposed amendment to the LDC will not impact the compatibility of proposed or allowable uses with existing land use patterns. PB 0809 LDC 09-23 Landmark Designations Ordinance July 28, 2009 Preservation Committee of the Ormond Beach Historical Society Inc. and the City of Ormond Beach Page 3 (4) Its impact on necessary governmental services such as schools, water sewage disposal, solid waste or transportation system. The proposed amendment will not have any adverse impacts on necessary governmental services. (5) If the request is necessary to correct a mistake in the original zoning district boundaries. The proposed amendment is not needed to correct any mistake(s) in the original zoning district boundaries. (6) Its impact upon the public health, welfare, safety or morals. The proposed amendment will not have any adverse impacts on the public health, welfare, safety or morals of the community. (7) If the proposed change would create an isolated district unrelated to adjacent and nearby districts. The proposed amendment will not create isolated districts to adjacent or nearby districts. (8) If adequate sites are already appropriately zoned for the proposed use and the subject site is suitable for the currently allowed use. This criterion does not apply to the proposed amendments. RECOMMENDATION: It is recommended that the Planning Board recommend Approval to the City Commission of LDC 09-23, amending Chapter II, Article VI, Section 2-71 Historic Districts and Landmarks, to add 715 West Granada Boulevard (Three Chimneys) to the Ormond Beach Historic Landmarks List and to change the public hearing notification requirement for certified mail to require regular mail. Attachments: Exhibit A – HLPB Staff Report (March 5, 2009) Exhibit B – March 16, 2009, HLPB Meeting Minutes Exhibit C – July 20, 2009, HLPB Meeting Minutes Exhibit D – Proposed Amendment, Section 2-71, Chapter 2, Article VI PB 0809 LDC 09-23 Landmark Designations Ordinance July 28, 2009 Preservation Committee of the Ormond Beach Historical Society Inc. and the City of Ormond Beach Page 4 EXHIBIT A HLPB Staff Report PB 0809 STAFF REPORT City of Ormond Beach Department of Planning DATE: March 5, 2009 SUBJECT: Local Historic Landmark Designation – 715 W. Granada Blvd. (Three Chimneys), Parcel ID #4241-01-10-0120 APPLICANT: Dr. Philip J. Shapiro, Ormond Beach Historical Society Inc. PROJECT PLANNER: S. Laureen Kornel, AICP, Senior Planner INTRODUCTION: This is a request by Dr. Philip J. Shaprio, Chair of the Preservation Committee of the Ormond Beach Historical Society Inc. acting on behalf of the Florida Department of Environmental Protection, Division of State Lands, property owner, to have the property located at 715 W. Granada Blvd., placed on the City of Ormond Beach’s Local Historic Landmarks List. Section 2-71 (Historic Districts and Landmarks) of the Land Development Code (LDC) requires that any designation of an historic landmark, archaeological site or other notable feature be adopted, by Ordinance, by the City Commission. BACKGOUND: The subject property is known as “Three Chimneys” (Florida Master Site File #8Vo196) and encompasses ±7.6 acres located on the north side of SR 40 (West Granada Blvd.) in an undeveloped section of land between I-95 and the Intracoastal Waterway (See Exhibit A – Location Map).
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