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HomeMy WebLinkAbout1998 03 18 Planning and Zoning Board Regular Minutes MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY MARCH 18, 1998 - REGULAR MEETING I. Call To Order Plede:e Of Allee:iance The Planning and Zoning Board/Local Planning Agency meeting was called to order Wednesday, March 18, 1998 at 7:00 p.m. by Chairman Bill Fernandez in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Bill Fernandez, Chairman, present Tom Brown, Vice Chairman, present Gene Lein, present Carl Stephens, present Rosanne Karr, present Also Present Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator Aooroval Of The March 4.1998 Plannine: & Zonine: BoardlLPA Ree:ular Meetine: Minutes Vice-Chairman Tom Brown commented on the "Future Agenda Items" part of the minutes, and that the items mentioned in the minutes were not on tonight's Agenda. Specifically, Vice Chairman Brown was quite concerned about the By-laws and the timeliness of the review of the E.A.R. Chairman Fernandez also addressed this issue as to who has the responsibility for preparing the Agenda. Motion by Tom Brown. Seconded by Rosanne Karr. Discussion. Tom Grimms AICP, Comprehensive PlanninglZoning Coordinator addressed the Board's concern with the timelines of the E.A.R. It was agreed that the motion to adopt the minutes of March 4, 1998 would be by consensus of the Board. The minutes were adopted by consensus. ll. Ree:ular Ae:enda A. Amendment to the Intergovernmental Coordination Element - Volume 2 of2 (LG-CPA-I-98) Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator addressed the Board with Statrs findings regarding this agenda item. MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - MARCH 18, 1998 PAGE 2 OF 7 Board Member Gene Lein mentioned that he wanted clarification on a couple of items. The first being Roman Numeral II B - Changes to Volume 2 of2 City of Winter Springs Comprehensive Plan 1990-2010, the Land Use Element Goals, Objectives, and Policies; stating that "The paragraph under the note, it says, the City of Winter Springs shall not through an involuntary annexation extend its eastern boundary beyond the Urban Service Line separating urban land uses from that area known as the East Rural Area as further defined in Figure 2.8 of the Seminole County Comprehensive Plan". Then he added, "That...1 have to go back a little bit to the time that this came up to the Commission Meeting about the Battle Ridge Area, and one of the proposals made at that time, was just this...in other words, we will noL.once we settle the Battle Ridge area, we will not go past that line, etc., etc...and that's what was said that night, and as far as I can recall...that was the only thing that was said, and that was...it was discussed, and it was probably maybe part of the reason the decision was made to go ahead with the vote, and so on, and so forth". "But, I want to go down to the next sentence in this paragraph; the City reserves the right to annex properties upon voluntary request of property owners beyond the Urban Services established...Service Line established in the County. I haven't heard anything like that before. This is the first time I've heard of it. It was never mentioned that night in the Commission meeting. The public was never told about it. That's the one... that's the.. .let me get both of these first, OK. That was the one confusing point I have. The second one is, I have in front of me here, the March 23rd Commission Meeting Agenda, and on Regular Agenda Items...which is next Monday...right?..on Community Development Department/Planning Division.. .it's says "0" - Request the Commission to hold a Public Hearing and consider whether to transmit the Large Scale... that's exactly what I'm talking about - Volume 2 of 2, Comprehensive Plan... that's... whatever is probably going to be discussed here tonight. Also, "F", under the City Manager, requesting the Commission to adopt Resolution 843, providing for an effective date of Ordinance 694 Battle Ridge Annexation Ordinance, and the Battle Ridge Development Agreement staff has transmitted to Battle Ridge affairs. Purpose: to provide an instrument for which the effective date...it references an Ordinance...can be formally coordinated on a local map. Now this information is being... was put on the agenda for next Monday night, states nothing about that second... sentence in that paragraph that read... off the... the paper that we received in our Agenda tonight about the... City shall reserve the right to annex properties of involuntary request of property owners beyond the Urban Service Line. I'm a little bit confused?" Mr. Grimms addressed Board Member Lein's concern, and Board Member Lein asked "Where did that second sentence come from"? Mr. Grimms replied that "In drafting it, our staff...made the distinction between involuntary annexation and a voluntary annexation. We feel that in such cases of voluntary annexation, where a property owner petitions a city to request annexation, that if you see the Land-Use designations, the City would...establish one of these designations that are compatible with land-use designations that the County's Comprehensive Plan has already designated for MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - MARCH 18, 1998 PAGE 3 OF 7 that property". Mr. Grimms also added, "The City Manager...and I certainly feel the same way, that the fact...I...I've urged Charles (Carrington), and I've mentioned to the City Manager...that...don't have the City adopt any policy...that straps uS...that makes commitments on our part, and leaves a free hand for Oviedo...if...you know, if the community out there wants protection, they should request the City...of..Winter Springs to adopt this policy, as well as the City of Oviedo. Now L.in my observing...of...the proceedings of that night...January 26, 1998 City Commission Meeting...I found...I believe I heard our City Manager, at that meeting, say that the City of Winter Springs is quite willing to adopt such a policy of not annexing involuntary annexations, providing urban services, beyond the Urban Service Boundary established by the County's Comprehensive Plan, eastward and northward into the East Rural Area, provided the City of Winter Springs...the City of Oviedo does also. We heard no tendering of thinking that way, no commitment, no indication that...they would take the same approach...at our council, and propose that too, on the part of the City of Oviedo. The City of Oviedo had a Chairman of their Commission, Mr. DaLarie there, that's why I was there, and the City's Planning Director, Mr. Dave Moon there; and we didn't hear anything...any representations to that effect, or their willingness to tender that...consider it on the part of the City of Oviedo". Board Member Lein further stated, "I'm not opposed to annexation.. .I'm the one to try and push annexation...I'm just trying...only trying to state what I heard, and I don't have the minutes from the Commissioner's meeting, and to be perfectly honest with you, sitting in the audience that night - this was one of the reasons why...the vote probably went the way it did; because they were going to establish a line that wouldn't be crossed...and...I never heard the statement about reserving rights.. . matter of fact, a statement.. .I'm pretty sure...you'd have to check the minutes...because about a year or so ago, there were three properties that came before us on the other side of the Urban Line...right?...requesting annexation...then they just kind of went away. It probably was even mentioned that Commission night, that...these three properties were out of luck...kind of...and I don't know if those are the words that we used, that wouldn't be able to...annex themselves into Winter Springs. But yet when I read this today, or the other day, I'm wondering where it came from, and then when you try to match it up with the agenda that the Commissioners get, they're not going to get that verbiage in there". Mr. Grimms replied "Oh, yes they will. They're going to see...(what is in your Agenda packet as the Staff report)". Board Member Lein continued "Yeah, but.. .it's... they're going to get the verbiage in there, but.. .I'd have to assume they'd understand and see that there are two different items, right? One that we will stop at the Urban Line, and one will go over the Urban Line". MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - MARCH 18, 1998 PAGE40F7 Mr. Grimms replied "They will see exactly what you...see in that paragraph". Board Member Lein continued "Yeah, OK". Mr. Grimms replied "And I'm going to urge them to...consider that as that statement intact, as that statement". Board Member Lein added "So, you're telling me that statement was made...by the City Manager"? Mr. Grimms agreed, and further added that they have not heard of any concerns from the County regarding this subject. Board Member Lein said "I wanted to clarify that point because.. .I'm still very doubtful about the whole thing...I think it's two separate issues, and one...kind of violates the other" . Vice Chairman Brown asked if the introduction had been filed along with the Comprehensive Plan, as he felt there was conflicting data, and would it be re-written? Mr. Grimms stated "My recommendation...I've already made it to the...I guess I can tell you...members of the Board...my recommendation to the Community Development Director, is a very, very massive, significant overhaul to this Comprehensive Plan...needs to be made". He added that "In the intervening period, there's been a lot of. .lot of growth, a lot of changes... that...I think we need to re-visit this after the E.A.R. is done". Vice Chairman Brown added that "What I'm asking you to do...I think, is put in your findings, that you're going to either also submit a new introduction, or get rid of the introduction that's in there, when you do modify the plan". There was further discussion about the introduction and the historical content of it. Vice Chairman Brown questioned Mr. Grimms about revising the introduction, and asked, "Can you put that in your findings"? Mr. Grimms responded, "If you'd like". Vice- Chairman Brown replied "Yes, I'd like...that's where I'm heading". Mr. Grimms agreed to do this, as the Board was requesting this action. Board Member Lein commented that "All I just want to...make sure that the Clerk...Mr. Chairman... the Clerk has my statement in there that I do not know where that line came from...I was in attendance at that meeting - I don't recall it. I could be wrong. I don't recall that line being said". MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - MARCH 18, 1998 PAGESOF7 Motion: "I'd like to make a motion that...the Local Planning Agency make recommendation to the City Commission, that the City Commission hold a first transmittal public hearing to transmit to the Department of Community AtTairs the proposed Large Scale Comprehensive Plan Amendment (LG-CPA-98) to add to the City's Comprehensive Plan, Intergovernmental Coordination Element - Volume 2 of 2 of the City's Comprehensive Plan, a policy statement on Annexation into the East Rural Area of Seminole County, as described in this statT report and include in the findings the introduction of Volume 2 of 2 of the Comprehensive Plan will be reviewed and amended as per the City Commission...the City". The motion was amended to substitute (LG-CP A-1-98) instead of (LG-CP A-98), and to attach Figure 2.8 of the Seminole Comprehensive Plan for transmittal. Discussion. Motion by Brown. Seconded by Stephens. Discussion. Vote: Lein: nay; Stephens: aye; Brown: aye; Karr: aye; Fernandez: aye. Motion passed. Mr. Grimms stated "A couple of members seem a little bit troubled about... this thing of.. the City reserves a right to accept... voluntary annexations... east of the Urban Service Line. Well, even when a property owner wants...you know, if he approaches the City...wants to be annexed in...you know, I think that's a reasonable consideration on the part of the City to...consider his request for annexation. Now, beyond the Urban Service Line Boundary...that would mean the City could annex the property...but, will not provide the sewer and water services". Chairman Fernandez added that there still seems to be discrepancies in the City's speed limits, the State's speed limits, and school zone speed limits, in regards to the Traffic Circulation Map. Mr. Grimms stated to the Board, "I would like to...request the Board to...give me...authority to appear before the March 23rd meeting of the City Commission, and...so verify that...or...that....you have recommended that the City Commission transmit this proposed Comprehensive Plan Amendment to DCA for their review and comment". Chairman Fernandez addressed the Board regarding Mr. Grimms' request and said "That he be allowed to present, what we've just passed, to the City Commission recommending transmittal, without having to wait until we get our minutes back and approve them at our next meeting. Board member Lein asked "Will the City get our minutes? Will the Commissioners get our minutes"? Mr. Grimms replied that the City Commission always receives the Planning and Zoning Board/Local Planning Agency minutes, but because the minutes would probably not be completed by the City Clerk's office, (before the next Commission Meeting which is scheduled for Monday, March 23, 1998), the City Commission may not see the minutes from tonight's meeting. There was further discussion regarding the transmittal of the minutes. Board Member Lein added that "They MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - MARCH 18, 1998 PAGE60F7 will have no idea...even my second comment saying...to make sure...well, there's something wrong here then Tom. We have to transmit something to the Commission, that we looked at...and one member of the Board up here found something strange". Discussion. Mr. Grimms stated "I will so note that...as...an addition into the findings of this report, when they get it, OK"? Vice Chairman Brown then spoke about Board Member Lein attending most of the Commission Meetings, and he said that "I'd like to give him (Board Member Lein) authority of the...of us...give him authority to...to relay to the Commission...my comments...I'm sure Tom's going to pick them up...or to relay to the Commission that with official authority from the Planning and Zoning Board of that comment". Board Member Lein said "This is a very brief meeting tonight. We've finished the agenda...1 understand...already. Is there any reason why these minutes couldn't be put in a rough draft and given to the Commission by Monday night"? He further added, "There's no reason...I... this is a short meeting... there's no reason why they can't get this information - whether it's a rough draft, or it's the minutes that we'll eventually see later on". Chairman Fernandez brought up to the Board that "It's already on the Agenda, so we've got to give him permission to allow him to present it to the City Commission for transmittal hearing, without our formal approval of the minutes, with the understanding that the Clerk will get...either a rough draft, or our un-approved minutes to the Commission, in advance of Monday's meeting". It was agreed by consensus of the Board to accept Chairman Fernandez' comment in regards to Mr. Grimms' previous request. Vice Chairman Brown commented on annexation issues, and there was discussion regarding this subject. Mr. Grimms pointed to some of the discussed areas in question on an "Overlapping Future Annexation Areas" Map. III. FUTURE AGENDA ITEMS Chairman Fernandez reminded everyone that any Board Member can suggest something to be considered as a Future Agenda Item. He (and other Board Members) also stated that they did not recall that any specific items had in fact been requested to be scheduled for tonight's agenda. There was further discussion regarding the City Attorneys' opinions and comments pertaining to the By-laws. The Board Members were asked if everyone had the 10-15-97 copy; Board Member Rosanne Karr asked for this version. MINUTES PLANNING & WNING BOARDILPA REGULAR MEETING - MARCH 18, 1998 PAGE 70F7 Mr. Grimms then told the Board that he is the one who has been preparing the agenda for the Board. Vice Chairman brown said, "I'm going to make a motion that...on Agenda Items for the future...for the first meeting...of April, that we put on there...to review the E.R.A. pages 32 through 38...and that...Mr. Brook Seall...and this is the Parks...and...1 have a complete breakdown...1 went through my records this week on...on when I was on the Beautification Committee, and they put out this pamphlet, which is out of date now, and...they have better records than we do...OK...and we're reviewing the E.A.R...so let's get on board with another committee that's...that's doing their job, OK. They're re-vamping this thing, so I say, let's re-vamp the E.A.R., and let's get somebody out here, so...1 make a motion that we...we put that on there, and we go over those four pages, which shouldn't take us over fifteen minutes. Then, that would get the E.A.R. started. I understand that it's just a review and 1...1 know all that, but if we don't look at it, or know something about it...that's not going to look very good. Then, as far as the By-laws go...if...l'd like to put that on there as an item again, and if you want to devote just fifteen minutes to each item, is fine with me. On the By-laws, I'd like some action taken by the Board, one way or another" . Board Member Lein commented that the By-laws should be in place prior to the end of the Board's fiscal year, and prior to Board Elections. There was further discussion about the By-laws, and what needs to be done by the City Attorney regarding this matter. Motion by Brown. The motion was seconded, and then by consensus of the Board it was agreed to put the By-laws and the E.A.R. (pages 32 - 38) on the next agenda. Motion passed. Mr. Grimms commented that these items will be on the next agenda, and that he will continue to be responsible for preparing the agenda. There was further discussion about the By-laws, and the election of new Board officers. IV. ADJOURNMENT Chairman Fernandez adjourned the meeting at 7:59 p.m. with consensus of the Board. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City of Winter Springs, Florida DOCSlboardsIplanninglty9798/minutesl031898.doc