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HomeMy WebLinkAbout1994 10 05 Planning and Zoning Board Regular Minutes city of winter BDrings. Florida Plannina and zoning Board Minutes of the October 5. 1994 meetina 1. Call to Order: The meeting was called to order at 7: 00 PM by Chairperson Glavin. 2. Attendance: Ms. Anne Glavin, Chairperson Mr. Art Hoffman, Vice-Chairperson Mr. Carl Stephens Mr. Gene Lein Mr. David Hopkins Carl Gosline, Community Development Coordinator 3. Consideration Of September 7. 1994 Minutes Mr. Hopkins made a motion to approve the minutes as submitted. Mr. Hoffman seconded the motion. The vote on the motion was unanimous. -, 4. Consideration Of Various LDC Issues And Policies Carl explained the City has the total option to prepare whatever type of land development regulations they wish. The comprehensive plan does not require the use of performance criteria approach. The only restriction is that the LDC must adequately address the minimum requirements of Chapter 163.3202 provided in his memo dated October 5, 1994. Mr. Hopkins stated the P&Z agreed to pursue the performance criteria approach at their September 30, 1992 meeting. He also said the Plan was prepared with the intent of using a performance criteria. The performance criteria approach was supported by the administrative staff at that time. Carl said the question now is which approach to you feel is appropriate for the City. We need to decide. The Board has the statutory responsibility to recommend what they think appropriate. ,~ Dave said he has heard nothing but negatives about the performance approach in recent times and there appears to be a concerted effort to steer the City toward a conventional system. When asked to express his concerns, Carl said his biggest concern was the administration of the system, not that it would not work. He said it is his impression that the performance approach requires a more intense manpower effort than does a conventional one. He said he is very concerned about the flexible nature of the performance approach in view of the Supreme Court's decision in the Snyder v Brevard case. He said he was trying to remain as objective as possible in this matter. P&Z Board Meeting Minutes October 5, 1994 page 2 Mr. Hopkins said he thinks we should pursue the general approach outline in the H/R draft. Change is always difficult to deal with, but sometimes you need to do it even if it is uncomfortable. It is also a real opportunity to become a unique community. Carl suggested another approach would be to develop a system of developer agreements for major projects, or projects in the SR 434 corridor. Oviedo uses these agreements as do several other cities. Developer agreements could be used for either type of code. He said his recommendation is to have developer agreements for major projects regardless of which code is used. Chairman Glavin said that she doesn't care which system is used so long as the property owners have to have significant input in terms of how development occurs. She said further that" ...yourself excepted (speaking to Gosline) I have been very dismayed in terms of the quality of the professional advice and expertise that has been tendered by staff and not just planning staff over the past three years and I really don't trust their judgment in terms of making deals with the public, making deals with particular developers or property owners, with providing the kind of continuity with the staff dealing with us in terms of the products provided to us..." She also said that until the City Commission provides some cohesiveness and stability in the staff, she thinks the system needs to be conventional one. She thinks there needs to be more rules of procedure regardless of which type of code is used. Carl said we need to have a land development regulation system that is "personality neutral". No matter what system is used there will always be some variance in the interpretation of the Code. The key difference between the two systems is the amount of flexibility available to the whole decision process. He cautioned the Board not to characterize the performance approach as one in which the staff has more flexibility per see It is the whole decision process, including those made by the P&Z and the City Commission, that has more flexibility. One of the decisions the Board needs to make is whether they think the tiered decision process as recommended by H/R and as used in the City of Oviedo code. In this system, the staff is delegated final decision authority over certain types of permits. In certain other types of approvals, final authority is delegated to the LPA. Major project decisions require approval by both the LPA and the City commission. Mr. Stephens expressed concern about throwing out the zoning because it protects the property owners. Carl said that performance zoning would also protect property owners, just do it in a different way than does zoning. P&Z Board Meeting Minutes October 5, 1994 page 3 Ms. Glavin asked where the accountability is in the flexible system. In other words, where are the checks and balances? Dave said the best example of how a performance system might look is the Tuscawilla PUD and the Highlands PUD. Both of these developments are, for the most part, well done. The individual parts were essentially done through flexible development criteria. Carl suggested another possible strategy might be to use performance criteria in the commercial areas and leave zoning in the residential areas. This strategy would allow us to try performance regulation out in a relatively small area and see how it works. He also said he was not comfortable with how a performance system works for infill development. Ms. Glavin said that they had spent many hours working on various sections of the draft and had made decisions about various issues as they went, but they weren't reflected in the current draft. She further said that we should incorporate these decisions into the draft. We shouldn't throw out everything we've done so far. Carl said that no matter which code is chosen, we will keep the good c- ideas, issues, approaches, etc and trash the bad ones. Ms. Glavin said she was uncomfortable not working on the draft and that she would like to start plugging away again on the draft. Carl said"... Do you mean the February draft? . ." Her answer, Yes. Carl "...00 I understand that you want to spend a couple of hours each month in your meetings going through the code..." Anne "...Not the old code...Let's go back to this draft we've been working on and you tell us what is wrong with it and you tell how we should fix it..." Carl "...The only draft on the table is the Henigar and Ray draft dated February..." Anne .. . . . Why don' t you (Car I) provide us five new copies of whatever you think is the latest thing that is..." Carl "...It is going to be awhile...if you want me to go back and plug in all these changes you have made..." Dave "...AII what changes? We are going in the same direction we've been going..." Carl "...But you just told me the February version did not include stuff you have been through before...correct..." Anne "...But you don't know what is wrong with it..." P&Z Board Meeting Minutes October 5, 1994 page 4 Carl "...So what you want is a brand new version of the February draft and you are going to start through it again?. Anne "...1 don't know how else we can do different if you don't have the comprehensive set of changes if they weren't kept up with as we went along. Most of those meetings Fred Goodrow sat here and billed the City for, I'm sure and if he wasn't professional enough to keep up with what was happening and keep a comprehensive set of notes on this, I don't know what to tell you..." Carl ". . . What you would like to do is for me to go make the changes that you all made...in the February draft..." Anne "...Why don't we do this...why don't you give us five clean copies of the February draft and why don't we start again and we can meet every two weeks or every week or whatever we need to do..." Art "...That is crazy..." Carl ". . That is not true. We are working on it... we have set up these technical committees to give you advice of the approach they have recommended... and you have voted on their recommendation and chosen not to take their advice... and that is fine..." Dave "... Going through all of this allover again is redundant and I don't think it is this Board's place to be wordsmithing this document this thing and that is what happens..." Carl "...That is not true..." Anne "...How is that not true..." Carl "...That is why we have the Technical Committee and that is what they are trying to do... I set up this Committee to be technical in nature and its members are people who do business with this city and have done business with this city for a long time... It is not a citizens committee. It is a technical committee..." Carl "...My professional approach to doing this code is the way we are doing. If you want to do something else, that is your privilege...Just tell me what you want me to do. I'm just trying to get the code done...I've presented you (the Board) with some options about how to proceed and I need your direction ...so tell me what you want to do..." Anne "...The February draft is not a lot of performance standards stuff. There are a lot of specific stuff that we need to know what we are doing when we pass it..." Art "...Having all those details in there is not necessarily the correct approach. That is what he (Gosline) is trying to tell you. . . II . " P&Z Board Meeting Minutes October 5, 1994 page 5 Carl ". . . We have got to get the code done whichever way we go...What I need to know from you is Do you want to pursue the draft that is on the table, or do you want to develop something else?.." Considerable discussion among the members ensued. Anne "...I think we should go back to working on it (the February draft) so that we can proceed..." Art "...I think we should go to option one or two ... at least make a decision there so Carl can move ahead... Anne "...H/R draft is wrong. It is incorrect. It is grammatically poor and it absolutely very little to do...Fred Goodrow has spent very little time on any original thinking in putting any new language into that thing as of February 23..." Anne "...I have a preference for option four.. .we go back to meeting every two weeks for approximately two hours every time and that we go back to our draft and go back to work..." Carl ". . . It is my understanding that you want to proceed with option four (modify the H/R draft to include better definitions, a revised project review process, etc). Is that correct?.." Anne " . . . That is what I want to do..." None of the Board members objected to that statement. 5. Adjournment The meeting was adjourned at 8:35 PM. Respectfully Submitted, shir~J2n~ ~ Prepared October 21, 1994 THERE WILL BE SPECIAL MEETING OF THE PLANNING AND ZONING BOARD WEDNESDAY OCTOBER 19, 1994 AT 7:00 PM. This document is a summary of the Planning and Zoning Board actions at this meeting. The audiotapes of all meetings are maintained in the permanent records of the city of winter springs.