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HomeMy WebLinkAbout1997 08 06 Planning and Zoning Board Regular Minutes I'"' MINUTES PLANNING AND ZONING BOARD/LPA AUGUST 6, 1997 - REGULAR MEETING I. CALL TO ORDER. PLEDGE OF ALLEGIANCE The Planning and Zoning Board/LPA meeting was called to order Wednesday, August 6, 1997 at 7:05 p.m. by Chairman Fernandez in the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida). The Pledge of Allegiance followed. ROLL CALL ALSO PRESENT Bill Fernandez, Chairman, present Gene Lein, present Carl Stephens, present Tom Brown, present Tom Grimms, Comm. Dev. Coordinator Fred Goodrow, Berryman and Henigar APPROVAL OF THE JULY 2. 1997 PLANNING AND ZONING BOARD/LPA REGULAR MEETING MINUTES Motion by Brown; Seconded by Lein; Motion passed approving the minutes as circulated. II. REGULAR AGENDA A} Annual Elections for Chairman and Vice-Chairman r" MOTION: Table the elections until a full board is seated. Motion by Lein; seconded by Stephens; discussion. AMENDED MOTION: Table the elections until the next regular meeting. Motion by Lein; seconded by Stephens. Vote: Fernandez, aye; Brown, aye; Lein, aye; Stephens, aye. Motion passed. B} Evaluation and Appraisal Report (EAR) Grimms stated that the City is going to move full swing into the report process for the comprehensive plan. Berryman and Henigar has been contracted to prepare the comp plan. The plan must be in the offices of DCA as a first draft next year, and in Sept.1998 the Commission must adopt the report. Until the report is accepted and adopted, no comp plan amendments can occur. Goodrow, Planning Manager for Berryman and Henigar, is the project manager of the City's Evaluation and Appraisal Report. He explained that he starts the process by hearing from the Local Planning Agency (LPA). He suggested that the members :find problems or weaknesses within the plan, and relay the issues to staff over the next couple of months. There are two items which have to be accomplished early in the process: an evaluation of the city at the time the plan was adopted, then an evaluation of the city now in reference to the plan. The goals, policies, and objectives that were adopted in the plan will need to be evaluated. The board will then evaluate what has been done, and make a recommendation for approval. That approval will be transmitted to DCA for the first review. DCA has ninety (90) days to review the board's recommendation. During the same ninety (90) days, the Commission will be taking up the same issue. During the ninety (90) day period (from transmission to adoption) no amendments can be r" made to the comp plan. The City will soon be getting a contract for a grant to help pay for some r MINUTES PLANlURO AND ZOIlIlfO BOARD/LPA AUGUST 6, 1997 - REGULAR MEETING Page 2 of4 of the process. Berryman and Henigar will review the down side of transmitting early versus on time with staff in the future. Brown requested a copy of the comp plan including all of the amendments. He also asked that the board review F.S. Chapter 163. Grimms said he would get copies of the comp plan with the amendments for each member. Chairman Fernandez said that each new member should get a briefing of the board's functions. He also suggested that members who are given materials should sign a receipt acknowledging that the materials are City property, and should be returned or bought. Stephens expressed his concerns of creating numerous amendments all at once; the amendments should take place one at a time with public notification. Goodrow explained that the E.A.R. does not amend the plan, it's only for evaluation and recommendations; the amendment process will take place later. Chairman Fernandez mentioned that a couple of individuals have recommended that an additional "commercial" classification be added. He also mentioned that the City does not have an ordinance dealing with the filling of land; there's an ordinance permitting the digging of barrow pits and holes in the ground, but it doesn't say what you have to do with the dirt after the hole has been dug. CJ William W. Owens Property Rezoning (REZ-6-97J .r Grimms explained that William Owens is an elderly gentleman in a nursing home, and Owens asked Grimms to convey to the board that he wants to keep the C-2 zoning in fear that changing it would reduce the market ability of his property. The findings and staff recommendation were read from the staff report. The residential owners on the west side were notified, and they don't have any strong opinions about the issue. Motion: Planning and Zoning Board recommends approval to the City Commission in accordance with the staff recommendation of the rezoning of the .53 acre parcel from C-2 "General Commercial and Industrial" to C-1 "Neighborhood Commercial District:", based on the findings concluded in the staff report. Motion by Brown. Second by Stephens. Vote: Stephens, aye; Lein, aye; Brown, aye; Fernandez, aye. Motion carried. DJ Draft Redevelopment Area Design Guidelines Grimms explained that there are three parts to the S.R. 434 Corridor Visioning Plan: the New Development Area which spans from the intersection of S.R. 419 and 434 to the Beltway; the Town Center Area which is the vicinity of city hall and Tuskawilla Road, and the Redevelopment Area which spans from U.S. 17-92 to Hayes Road. The Commission has expressed their desire to create a village overlay district within the Town Center. There has also been some thought of having a trail head (Cross Seminole Trail) within the village district, and another trail head at Central Winds Park. The Commission has adopted the overlay district for the Town Center, and within a month or so they will be adopting the redevelopment area overlay zoning district. Lein commented that the P & Z board's actions are being delayed because the Commission won't seat a full board. Grimms said that he would convey his comment to the City Manager. r .1"""""' MINUTES PLANl'OBO AND ZOIlIBO BOARD/LPA AUGUST 6, 1997 - REGULAR MEETING Page 3 of4 Discussion of Item D concluded to a consensus of the Board tabling the item to a special meeting on August 20, 1997 at 7:00 p.m.; inviting Mike Wadley, the Beautification of Winter Springs Board, and the Commerce and Industty Development Board to attend. E} Draft ByLaws for the P & Z Board/LPA Lein suggested adding an article 13: Amending bylaws. He also said that a set of bylaws usually closes with a statement referencing that whatever is not covered in the bylaws are covered under Roberts Rules. With regards to voting on amendments to the bylaws, Chairman Fernandez mentioned that language needs to be added. Ex: majority vote of four members of the board. Page 4, Article II, 2.2, first paragraph -- Should read: ...shall include malfeasance, misfeasance, or nonfeasance, as defined by state law, generally, and in particular may include: Page 4, Article II, 2.2(a) -- add the word unexcused by the chairperson before the word meetings. Page 7, Article III, 3.3 -- add wording: The secretary should notify the board member sixty (60) days in advance of term expiration. It would show common courtesy. f' Page 8, Article IV, 4.2 -- There was considerable discussion. The statement "No member of the Board shall participate in any case in which he has financial or personal interest in the property or action concerned..." is too general. Chairman Fernandez suggested: Board members shall disclose any conflict of interest as defined by state law, and shall disclose any known apparent conflict to the board. This should also apply to staff members. Page 12, Article VII, 7.4 -- Standard oath: Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth. Page 18, Quasi-Judicial Proceedings -- Spelling errors: The word "Jucicial" in bold title and in the definition. The word "Legilative" and "pimpact" in second sentence of definition. Page 2, Article I, 1.2 -- Chairman Fernandez requested that staff provide training for board members on an on-going basis. He suggested 1.2 read: Requirements for adherence--feF familiarity to State Statutes and Local Ordinances and Rules Affecting the Board. Add wording: Upon taking office, all members of the board shall mandatorally familiarize themselves with the foregoing, and, while in office, members shall mandatorally maintain such knowledge, including knowledge... Page 2, Article II, 2.2(b) -- Should read: Failure to abide by to maintain reasonable familiarity with state statutes... Page 2, Article II, 2.2(c) -- Members discussed "Failing to file a conflict". Chairman Fernandez said he would rather it read: Failure to disclose conflict of interest as defined by either state law or the legal definition including percentages. Page 1 -- Planning and Zoning Board and Local Planning Agency should be defined. f' Page 2, Article I, 1.4 -- Remove Location ofin title. I"'" MINUTES PLANNIRG AND ZONDfG BOARD/LPA AUGUST 6, 1997 - REGULAR MEETING Page 4 of4 Page 3, Article II, 2.1.3 -- Brown stated that it is too generic. Page 3, Article II, 2.2.1 -- Add the word prtmarl.ly before the word "responsible" in the first sentence. Page 5, Article III, 3.1 -- Change the month of chair elections from July to August. Page 7, Article III, 3.3.2.2 -- Remove "in duplicate" from first sentence. "...And shall show the estimated cost and the suggested method or methods of financing" should be the duty of the staff to the board (3.4). Page 8, Article III, 3.5 -- Should read: The City Attorney shall provide legal advice requested by the board through the City Manager... Page 10, Article VI, 6.1 -- Should read: Regular meetings of the Board shall be held at 7:00 p.m. at the City Hall City Commission Chambers on the first and third Wednesday's of the month; provided that such meetings may be held at any other convenient place and time if directed by the chairman in advance... Page 11, Article VI, 6.4 -- Should read: If no. business is scheduled before the board, or if it is apparent that a quorum will not be available, any meeting may be canceled by having the secretary give notice to all members before the time set for such meeting. I'"'" III. FUTURE AGENDA ITEMS September 3, 1997 Meeting: Draft Bylaws and Elections of Chair and Vice-Chair. Grimms said he may have items for the meeting. Chairman Fernandez requested a status report on the Evaluation and Appraisal report for the September 3, 1997 meeting. Lein announced that he would be absent at the October 1, 1997 meeting. IV. ADJOURNMENT The Chair adjourned the meeting at 9:25 p.m. Minutes submitted by: Martha Jenkins, Deputy City Clerk r"