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HomeMy WebLinkAbout1996 04 10 Planning and Zoning Board Regular Minutes I""" PLANNING AND ZONING BOARD MINUTES APRIL 10, 1996 The Planning and Zoning Board Meeting was called to order at 7:03 p.m. by Chairman Art Hoffmann. ROLL CALL: David Hopkins, present (7:06) Carl Stephens, present Gene Lein, present William Fernandez, present Art Hoffmann, Chairman, present City Officials: T. Grimms, Comm. Dev. Coord. D. LeBlanc, Land Mgt. Specialist Leanne Grove, representative for D. McIntosh Approval of Minutes of March 6. 1996: Chairman Hoffmann asked if there were any comments concerning the Minutes of March 6, 1996. There were no comments concerning the minutes of March 6, 1996. Minutes stand approved as presented. r- Lein questioned why the meeting date was changed. Grimms stated that he couldn't get all the information gathered together in time so it was elected to hold the meeting on this date. Discussion. Discussion on Draft Land Development Regulations: Grimms mentioned that he tried to do the second batch of comments in response to the Board's request that Staff review Mr. McIntosh's comments and make a finding and give a Staff recommendation. Hoffmann mentioned that there are 84 sections with comments. Hoffmann also stated that the Board has the opportunity to approve the recommended changes, or approve the City's recommended changes or approve with no changes or offer a recommendation of their own. REVIEW OF THE PROPOSED CHANGES TO THE LAND DEVELOPMENT REGULATIONS: CHAPTER 6 Section 6-59: Hoffmann stated that this is a new Section proposed by K. Lockcuff, Public W orks/Utility Director. It was determined that the word "proper" be changed to "requirement" and the word "requirements" to "improvements". (in the last sentence) Section 6-81: approved as submitted. Section 6-82: approved as submitted. r r Planning and Zoning Board Minutes April 10, 1996 Page 2 Section 6-83(a): Discussion. Approved as submitted. Section 6-84: (b) should be (d); make 6-84~ to read "see zoning". Section 6-85: approved as proposed by Building Official. CHAPTER 8 Section 8-5: approved as proposed by Public Works/Utility Director. Section 8-55(1): end oflast sentence add the word "not"; should read "..of the general public are not prohibited. r Section 8-57: The word "wetland" to be inserted (in parenthesis) after the word "floodplain" also need recommendation regarding 18" floor elevation. Discussion. LeBlanc mentioned that Mr. McIntosh's comments are valid and he has no problem with what McIntosh has suggested; as he stated before we are having many law suits on property rights and the outcome has mostly been in favor of the property owner. LeBlanc stated that in places where he has made his comments, those are found in the Compo Plan, if it is the Board's desire to follow McIntosh's recommendations, is the Compo Plan will have to be amended. LeBlanc stated that these regulations are in the Compo Plan, there are lawsuits being filed for property rights and said he is almost positive at one point there will be law suits filed. Discussion. Other than adding the word "wetland" this section approved as by Staff recommendation. CHAPTER 9 Section 9-27: in the last paragraph of Staff's recommendation, the word "should" to be changed to "is". Approved as to Staff recommendations. Section 9-46(2): approved as per Staff Section 9-42(2)(w): approved as per Staff Section 9-73(b)(7): approved as per Staff Section 9-108: approved as per Staff Section 9-126(a)(5): Discussion. Delete the words proper and the word properly in the paragraph. Section 9-162: New Title: "Construction Management" Section 9-162(3): Delete word "all" at the beginning of the sentence be changed to r "appropriate". I"'"'" Planning and Zoning Board Minutes April 10, 1996 Page 3 Section 9-163: Delete whole section. Section 9-164: approved as per Staff recommendation. Section 9-174(d)(I): approved as recommended per Staff Section 9-201(3)(a)(2): approved as submitted. Section 9-201(3)(d)(2): approved as submitted. Section 9-202: approved as submitted. Section 9-204(a)(I): approved as per Staff recommendation. Section 9-221(a): approved as submitted. Section 9-224: approved as per Staff recommendation. Section 9-225: approved to use new numbers and to spell out D.E.P. (Department of Environmental Protection). r- Section 9-242(c): approved as proposed. Section 9-261: approved as proposed. Section 9-278: approved as proposed. Section 9-280: approve recommendation of the definition of "clearing". Agree with substitute language as recommended. Section 9-281(b): approve approved as recommended. Section 9-281(c): approve definition and delete everything after first sentence. Section 9-281(c)(5) approved as presented Section 9-281(c)(6): delete 9-281(c)(6) as it is addressed in Volume II, page 12 of the Comp Plan. Section 9-281(d): approved as recommended by Staff Section 9-281(d)(5): delete per Staff recommendation. ~ r f' r Planning and Zoning Board Minutes April 10, 1996 Page 4 Section 9-281(e): delete last sentence as recommended by Staff Section 9-282: approve both recommendations per Staff Section 9-283(a): approve as recommended by Staff Section 9-283(b)(2):approve as recommended - delete this section. Section 9-283(b)(3): approve as recommended by McIntosh. Section 9-283(b)(5): approve as recommended, but include definition of vegetation buffer. Section 9-283(b)(1l): delete this section as recommended. Section 9-283(b)(14): approve as recommended by Staff Section 9-283(c): change 15' to 25' in width so as to provide an open area not to exceed 25". Section 9-283(c)(4): approve as recommended by Staff Section 9-283(c)(6): approve as recommended by Staff. Section 9-296: approve as recommended by Staff Hoffmann called a break at 8:55 p.m. Reconvene at 9:05 p.m. Section 9-347: approve as recommended by Staff Section 17-29(3): approve as recommended by Staff Section 17-29(3)(a): approve as recommended by Staff Section 19-157(a): approve as recommended by Staff - delete section. Section 19-157(b): delete this section. Section 20-7: approve as recommended by Staff. Section 20-101: approve as recommended by Staff Section 20-101: add excluding any rear year easements, and lot depth defined in 20-103. I""'" Planning and Zoning Board Minutes AprillO, 1996 Page 5 Section 20-103: approve as recommended by Staff Section 20-105: approve as recommended by Staff, also add "aqua-culture may be permitted by City Commission on a case by case basis"; and add the definition of aqua-culture. Section 20-161: end sentence after "...single family dwellings". Delete "on lots of generous area" . Section 20-313(1): approve as recommended by Staff Section 20-318(n): approve as recommended by Staff - delete. Section 20-352(2): approve as recommended by Staff . Section 20-354-(4): approve as recommended by Staff Section 20-354(d)(9): approve as recommended by Staff Section 20-354(d)(12): approve as recommended by Staff I""'" Section 20-377(1): approve as recommended by Staff Section 20-382(1): (not Section 20-395(1)) approve as recommended by Staff Section 20-390(c): change the first word "All" to "Appropriate" - approve as recommended by Staff Section 20-391(1): in the recommendation, last sentence change the word "negotiated" to "determined"; make that change - agree with Staff other than the word change. Section 20-391 (3): approve as recommended by Staff Page 20-21: Board decided to leave as is. Section 20-392(b): include footnote as recommended by Staff Section 20-393: include footnote as recommended by Staff (same as 20-392(b)). Page 20-30: Board made no decision as it is pending legal review. r Section 20-435(a): Board made no decision as it is pending legal review. r Planning and Zoning Board Minutes April 10, 1996 Page 6 Page 20-31: approve as recommended by Staff. Chapter 21 Section 21-2(c): approve as recommended by Staff. Section 21-3: approve as recommended by Staff - will be reviewed by legal counsel. Section 21-3(2)(b): agree as recommended by Staff - approve McIntosh recommendation. Section 21-4: no change at this time. Section 21-8(c): agree as recommended by Staff. Section 21-9(5): agree as recommended by Staff. Section 21-9(6)(d): agree as recommended by Staff Section 21-10(6)h.i.: still under review r Section 21-10(6)1: still under review. Page 21-17: still under review. Update on Planning and Zoning Board Guidelines: Mr. Grimms stated that he polled other jurisdictions and the City of Cocoa operates under the guidelines of Roberts Rules of Order for normal meetings. Discussion on quasi-judicial meetings for the City of Cocoa. The City of Lees burg doesn't have clear by-laws for running meetings but they do have rules and procedures for quasi-judicial proceedings. The City ofUmitilla same as Leesburg. The City of Lady Lake and the City of Mine 01 a is the same as the City of Lees burg. The Seminole Planning and Zoning Board has by-laws, they operate under Roberts Rules of Order, and they are now talking about adopting rules and procedures for quasi-judicial proceedings. The City of Lake Mary operates under Roberts Rules of Order and also they have rules and procedures for quasi-judicial proceedings. The City of Oviedo operates under Roberts Rules of Order and also have rules and procedures for quasi-judicial proceedings. The City of Sanford operates under Roberts Rules of Order and do not have rules and procedures for quasi- judicial proceedings. The City of Winter Garden operates under Roberts Rules of Order and they have an ordinance for basic rules and procedures for quasi-judicial proceedings. The City of Apopka doesn't have anything. Mr. Grimms said he would recommend to this Board, giving clear indication that you adopt r Roberts Rules of Order and whatever else you might want to add to that and it is his I"'" Planning and Zoning Board Minutes April 10, 1996 Page 7 recommendation that the Board adopt rules and procedures for quasi-judicial proceedings. Hoffmann stated that the Board should have a copy of Roberts Rules of Order for each of their meetings. Fernandez said he recommends that the Board has more than Roberts Rules of Order for quasi- judicial procedures, also said he likes the idea of swearing people in and allowing the cross examinations of expert witnesses not lay people and adopt a procedure of finding of fact or something along that line. Stephens mentioned that there are times the Board receives legal papers and is written in a way that favors the developer and the Board doesn't have any type of literature that would allow the Board to protect the citizen. Grimms said he will try and get view points so the Board can have a more valid view. r Hoffinann stated there is only one section in the Code that defines some of the Board's specific duty and that in only in the PUD section, 20-381 and 12, and it says in findings and reviewing the final subdivision plan the P & Z Board shall make a finding of Fact and no where else does it say that and that's what is missing, nothing for procedure. Fernandez stated when he was the Chairman of the Code Enforcement Board in Altamonte Springs, they use to have a member of the City Attorney's staff that the City Manager had that City Attorney attend their meetings, and said this would require an expenditure of funds on behalf of the citizens of Winter Springs and should be addressed by the City Commission not the P & Z Board, but it could be put in a form of a question to the Commission where we are going to have a quasi-judicial session such as Battleridge, that we could request the City Consider having an assistant City Attorney attend just those meetings. The P & Z Board was in agreement to that request. Grimms said he will generate another revised draft and asked the Board if they wanted another workshop or do they want to go to a Public Hearing. It was the consensus of the Board to go to a Public Hearing. Hoffinann mentioned that Grimms brought up was that the sign ordinance hasn't been changed in years and stated that there was a proposed sign ordinance references to what Lake Mary was doing and so on and was given to the City Attorney to review and come up with recommendations (more than six years ago) and suggested that Grimms make comments through his superior that the City Attorney be requested to proceed with the sign ordinance as he was requested to do many years ago. I"'"' Grimms stated that in the interest in trying to keep what we have with the LDR's moving 1""'. r r Planning and Zoning Board Minutes April 10, 1996 Page 8 forward, we should address the sign ordinance at another time. Hoffmann said this is a recommendation from the Board to the Commission that they bring something up to date for review. Hoffinann stated that the next meeting will be the first Wednesday in May, May 1, 1996, and said ifthere is nothing to be discussed on that date to notify the Board ahead of time. The meeting adjourned at 10:25 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk