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HomeMy WebLinkAbout1996 06 05 Planning and Zoning Board Workshop Minutes r MINUTES LOCAL PLANNING AGENCY JUNE 5, 1996 -- WORKSHOP MEETING I. Call to Order This LPA workshop followed the adjournment of the P & Z Board, Regular Meeting, June 5, 1996. After a 10 minute recess, this LPA Workshop meeting began at 7:45 p.m. Fernandez, Grimms, Chairperson Hoffinann, Hopkins, and Stephens were present. II. Review of Latest Draft of the LDR's Grimms distributed a multi-page document, and explained that the document is exactly the same as what they previously received except it includes the LP A decisions. He also mentioned that the city engineer has made two comments, but agrees with the rest of the board's decision from April 10, 1996. Chairperson Hoffmann suggested first addressing the revisions that Fred Goodrow was responsible for in imparting the board's and staff's instructions because there were a few that he (Goodrow) did not work on, and a few that he didn't agree with. Within the sections that he (Goodrow) commented on, there are some that he didn't make changes on. Goodrow has noted items which he was not responsible for and asked not to be involved with those changes. Goodrow commented where he made changes. .1'"" Section 8-57: (letter that Goodrow sent) Goodrow states that no change is required. Chairperson Hoffmann said he noted that staff (Fernandez) wanted to add the word "wetland". Grimms shows it under 8-55 (page 3). Chairperson Hoffinann stated that 8-55 wasn't part of Goodrow's. Fernandez said he was looking at the City of Winter Springs, Land Development Review Regulations which were submitted to the board without a date on them from previous meetings. Page 3, Section 8-57 "Standards for Regulatory Floodplains" reads at the conclusion of the paragraph: No septic tank shall be located within the 100 year floodplain. This was also the first floor, habitable item with garages and gasoline. It continues "clearing of floodplain", and that is where Fernandez said he wrote wetlands vegetation shall be limited to 25% of the site, but he then has a line drawn through the whole thing, and he wondered if the board decided that it was covered in some other section and the sentence was deleted. He needed the board members collective memory because he not sure when it was covered. He said there was a big discussion about the clearing of floodplain vegetation and the case law, and the board voted to add the additional word of wetlands to clarify the definition of floodplains vegetation. Fernandez said he is lost now because there is nothing in the new draft about 8-57. The word wetlands is not in the Composite Draft, dated May 9, 1996, Page 8-1. Hopkins said that it is in the document that Grimms just gave them under 8-55. It reads: add wetlands after floodplains (accept staff recommendation)--third line up, first paragraph. Fernandez said that he understood that was their decision, but it is not in the draft. Chairperson Hoffmann said that Goodrow didn't take care ofit because it wasn't a paragraph he worked on. Goodrow's comment r is "no change required". Hopkins asked if Goodrow is incorporating wetland's after floodplains. Chairperson Hoffmann said he (Goodrow) has not done it. The chair asked ifthe board wanted to put it in the third line ending with 100 year floodplain; adding a comma and the word wetlands in MINUTES LOCALP~GAGENCY r JUNE 5,1996 -- WORKSHOP MEETING PAGE20F4 brackets. Hopkins said he thought that Grimms' summary of the boards LPA decision under 8-55-1 has it in there and it reads: accept staff recommendation. Chairperson Hoffmann said that 100 year floodplain isn't necessarily the same as wetland. Hopkins said that is why they are adding the word wetlands after the word floodplain. Fernandez said that it is added after the word vegetation. The problem is that in the May 9th draft, it is now in the 2nd line instead of the 3rd line (8-57). Fernandez asked if the board is going to get their decisions down, once and for all, and get them brought back in a form that the board approves. The decision has been made. He hoped this sends a clear message to staff, the consultant, and everyone else what the board has done. He said he is very frustrated with this, and he is finding other comments and decision that this board has made not being carried through. Stephens said the same about Section 19-157(a). It has been deleted at least three times, and it is still in here tonight. He said he feels the same way--frustrated. Chairperson Hoflinann asked the members where they want the word "wetlands" inserted. Fernandez stated that it has been voted to have the word inserted in the second sentence. It reads: Clearing of floodplain vegetation shall be limited to 25 percent of the site. The board has voted on it to read: Clearing of wetland/floodplain vegetation ... r Chairperson Hoflinann said that in paragraph 9-27 Goodrow made the change, but (Goodrow) asked "where are the definitions?" Hopkins said that he believed the board decided to provide a section that would define those items. Grimms said he recommends having a section of definitions. Chairperson Hoffinann asked about 9-126(a)(5). Stephens said that the board voted to delete the words "proper" and "properly" in the paragraph, and it's in the document Grimms distributed tonight. Chairperson Hoffmann said that Goodrow suggested changing 30% to 20% in Section 9-163. Stephens said that the board voted to delete the whole section. He added that in the (April 10) minutes regarding 19-157(a) it reads: approve as recommended by staff--delete section. Hopkins said it looks obvious that the boards recommendations have not been incorporated in this document, and it is redundant to continue to go over the same items that have already been addressed, many of the items more than once. He said he is also frustrated. Grimms said that if the board feels they want to stand by their recommendations of April 10, 1996, he will convey that in strong terms to the consultant tomorrow. Grimms said he called up Hoffmann on May 8th, 9th or 10th, and told him that Goodrow did not put in the changes the board wanted. Stephens suggested that the board not meet again until the changes are incorporated. Grimms asked if it was the sense of this board that all of the changes that they so indicated at their April 10th meeting are reaffirmed, and that this report requests that the consultant follow through exactly as the r board had indicated in it's remarks of April 10th. The board members agreed with Grimms' statement. MINUTES LOCAL PLANNING AGENCY r JUNE 5, 1996 - WORKSHOP MEETING PAGE30F4 r r Hopkins asked Grimms, as the planner, if he agreed with it. Grimms said that he fully agrees. Chairperson Hoffinann asked the members if they wanted to look at the changes made by the city engineer. Hopkins said that he feels the city engineer is the expert in the area. Grimms asked if the board agrees with the two changes made by Mark Jenkins, City Engineer as per the draft LDR's. (Section 8-55(1) and 9-201(3)(d)(2), as stated in his memo to Grimms, June 5, 1996) The board members agreed to the changes. Chairperson Hoffinann asked the board members if they wanted a meeting on July 3, 1996. Stephens said that he did not think he would be able to make that date. Fernandez said that he felt the chair would call it at his discretion. Fernandez asked that nobody take personal offense to what he was about to say. He said he noted that the P & Z chairman is also the chairman of another city board, and was advised by the City Attorney and the Orlando City Attorney that under the constitution there is a constitutional prohibition against duel office holding. Fernandez said that he and the other board members are putting in a lot of time, and Hoffmann is putting in an inordinate amount of time; he doesn't want to see any action taken this evening, or any actions taken at any of the other P & Z board meetings give grounds to an attorney to attack the validity of the board's actions. He said he had to resign from the BOWS Board, even though it was just advisory board to the city manager, and he had to resign from the Orlando Community Youth Services Board because he said he was told that if he continued to serve on the P & Z and LP A Board and that city board in Orlando which was advisory to the City Commission about making grants of money that the action could constitute grounds if someone was unhappy. Fernandez said that he felt he could not talk to Hoffinann or any member about this except in a dully noticed public forum because of the Government in Sunshine Law. He asked again that the chair not take offense. Chairperson Hoffinann said when he was put on the Board of Trustees that was apparently check out with Kruppenbacher. The Florida Constitution talks about officers, but Kruppenbacher said officers can mean a lot of things; appointed as well as elected. Fernandez said he was an official because he has to f1l1 out a Financial Disclosure. Chairperson Hoffmann said that doesn't define you as an official, that is just a requirement for an official. Fernandez stated, the Financial Disclosure reads that you are a local official, and that is the block you have to check, and you sign it, and you file it in Seminole County. It is public record and any attorney can get a copy of any public record. He apologized for not being in a good mood. He also mentioned that chair elections were held mid-year last year and asked for notice of when elections will be held this year. Fernandez said he has wrote to the Mayor and the City Manager regarding this matter, and asked that the letter be distributed to the Commissioners and City Attorney. Stephens mentioned that the state rejected the idea of Battle ridge. Fernandez said he read it. Grimms said that he and the City Manager had a conference call with Charles Gauthier, the Growth Management Administrator. Grimms said that when he received the report it was clear to him that they either chose not to consider it, or didn't get it in time; there is no indication that they looked at it. If they had looked at it, some of the stuff would have been resolved; the obvious being the environmentally sensitive area. Grimms said that Scott Rogers, the plans reviewer for this region, had been taken off the project and asomeone else was put on. Grimms also stated that there is a process MINUTES LOCAL PLANNING AGENCY JUNE 5, 1996 - WORKSHOP MEETING PAGE40F4 r' for the Comp Plan Amendment procedure, and the city is at a response phase where DCA expects and encourages the applicant to respond to those things indicated in the ORC (objections, recommendations and comments) Report. These reports selVe to focus attention on things of concern to the DCA. Grimms is waiting for the applicants to send him their analysis and clarification. Grimms will put the package together, send it to the city manager, then he sends it to DCA. There is a statutory requirement of60 days, but there is no penalty clause. DCA is in a cooperative mode, not in a confrontational mode. Hopkins asked how the meeting phase is going with the city manager, homeowners and property owners. Grimms said there has been two Battleridge steering committee meetings. The applicant briefly went through the ORC Report at the last meeting. Hopkins then asked if the small scale study was being considered. Grimms answered yes. Chairperson Hoffmann asked if the county has responded after the transmittal was submitted to DCA. Grimms said no. r' Fernandez asked if Battleridge has to come back to the city for final approval. Grimms said that it is required to go to the City Commission for the 2nd public hearing. After the response phase is completed, the City Commission will take it's action, then the DCA sends its notice of intent to find the amendment in compliance (or not) with the local governments Comprehensive Plan; the Regional Policy Plan; the State Comprehensive Plan. There is then a 21 day period where the effected party's can file, then it goes to the Administration Commission. Fernandez asked ifit would come back to the P & Z Board. Grimms answered, to his best understanding--it doesn't come back to the P & Z Board. Ill. Adiournment The Chair adjourned the meeting at 8:20 p.m. /mj APPROVED: Art Hoffinann, Chairperson r'