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HomeMy WebLinkAbout2001 11 07 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 7,2001 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, November 7, 2001, at 7:04 p.m. by Chairman Bill Fernandez in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Bill Fernandez, present Vice Chairman Tom Brown, present Board Member Rosanne Karr, present Board Member Joanne Krebs, present Board Member Carl Stephens, Jr., present II. CONSENT CONSENT A. Approval Of The October 3, 2001 Regular Meeting Minutes. MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE APPROVE THE MINUTES OF THE OCTOBER 3RD REGULAR MEETING OF THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY." SECONDED BY BOARD MEMBER STEPHENS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR REGULAR A. Comprehensive Plan Amendment. MOTION BY VICE CHAIRMAN BROWN. "I'D LIKE TO MAKE A MOTION THAT ALL THE MEETINGS THAT WERlE JOINT WORKSHOP MINUTES WITH THE CITY COMMISSION, THAT ALL THE MEETINGS THAT WERE HELD IN, AT THE END OF OCTOBER, SEPTEMBER AND OCTOBER, THERE WAS FOUR (4) OR FIVE (5). THERE WAS FOUR (4) THAT WE WERE INVOLVED IN. I'D LIKE TO MAKE A MOTION THAT WE APPROVE OUR PORTION OF THOSE MINUTES WHICH ARE COMBINED WITH THE CITY COMMISSION MEETING MINUTES AND THAT A COPY, A DUPLICATE CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2001 PAGE20F6 COPY, IF YOU KEEP THE HARD COpy FILE OF THE PLANNING AND ZONING MINUTES, THAT THE CITY COMMISSION HARD COpy WOULD BE ADDED TO OUR MINUTES; ALSO BECAUSE THE MEETING WENT BACK AND FORTH. I DON'T KNOW IF THE CITY MAINTAINS A HARD COpy OF THE MINUTES FOR A PERIOD OF TIME. I DON'T KNOW IF THERE IS ANY LAW TO THAT EFFECT BUT IF THERE IS, THEN I WOULD REQUEST THAT THOSE MINUTES BECAUSE FOR REFERENCE IF THEY MAINTAIN THEM FOR REFERENCE..." CHAIRMAN FERNANDEZ ADDED, "...THE CLERK'S OFFICE COULD SIMPLY, PER THESE MINUTES OF THESE MEETINGS, REFERENCE THE CITY COMMISSION MEETINGS IN THE SAME DATE." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Bill Fernandez asked Ms. Patricia A. Tyjeski, AICP, Senior Planner of Land Design Innovations, Inc., "This is supposed to be the Final Draft, it does say Draft, there appears to be strike outs and stuff in here. - Why is that?" Ms. Tyjeski stated, "When we send it to DCA [Department of Community Affairs], it's going to be a clean copy. No draft stamp, no corrections, or underlines." Chairman Fernandez asked, "What I am looking for now is from a Staff standpoint - have you or somebody else from Staff read the whole thing to see that it is comprehensive?" Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department stated, "Staff has in fact reviewed this document numerous times." MOTION BY VICE CHAIRMAN BROWN. "I WOULD MAKE A MOTION THAT WE RECOMMEND IT TO CITY COMMISSION FOR APPROVAL." CHAIRMAN FERNANDEZ INTERJECTED, "FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS." VICE CHAIRMAN BROWN STATED FURTHER, "DEPARTMENT OF COMMUNITY AFFAIRS IN TALLAHASSEE." CHAIRMAN FERNANDEZ SAID, "WITH A LETTER OF APOLOGY FOR BEING LATE." VICE CHAIRMAN BROWN SAID, "WELL WE'RE NOT LATE. I THINK THEY HAVE EXTENDED THAT...." MR. McDONALD RESPONDED, "...WELL, ACTUALLY THERE ARE NO FORMAL EXTENSIONS. WE'VE EXHAUSTED OUR TWO (2) EXTENSION OPPORTUNITIES BUT UPON STATUTE, THE DEPARTMENT CANNOT IMPOSE SANCTIONS FOR A PERIOD OF NINETY (90) DAYS FOLLOWING THE DEADLINE FOR TRANSMITTAL, SO WE'LL BE IN GOOD SHAPE." SECONDED BY BOARD MEMBER STEPHENS. DISCUSSION. Board Member Krebs asked, "VI-30 - remember I told you I found it said error reference. I just had a question on it. What did that mean?" Mr. McDonald stated, "In my opinion it had to do with computer syntax. It was a computer syntax error. It wasn't relative to the text." CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2001 PAGE30F6 Ms. Tyjeski said, "There should be a map number - but when we were making all these changes, the reference just got lost." VOTE: BOARD MEMBER STEPHENS: AYE BOARD MEMBER KREBS: AYE VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Mr. McDonald spoke of holding a Training Session with the Board Members at a future Regular Meeting. Members of the Board spoke of the "Government in the Sunshine Law" book. Vice Chairman Brown asked Mr. McDonald, "...There was a book they put out - I believe it's from Seminole County because they request the form that we have to fill - could you obtain these books, thc Sunshine Law books for us?" Mr. McDonald stated to the affirmative. Board Membcr Rosanne Karr asked, "Can you also include the relevant 'Robert's Rules'?" Mr. McDonald said, "'Rules of Order'? I think we have a copy of that available." Ms. Holly Pierstorff, Assistant to the City Clerk advised, "We have all that infornlation." Board Member Karl' said, "Did you go back and recheck that the tables are renumbered?" Ms. Tyjcski said, "Y cs. What happens when we do that strike through and underline, the computer does something funny - but once you say clean up, accept the changes, they go back to their original number. What one did you find?" Board Member Karr advised Ms. Tycski that, "In section VI - Recreation and Open Space - it goes from table VI-6 to table VI-8 because you 'x'd' out table VI-7." Board Member Carl Stephen's asked, "Are we going to get another copy of this or is this our final copy with the cross outs?" Mr. McDonald responded, "No, absolutely not. You will receive, I'm not sure if a copy will be made available of what. If you request a copy, I don't sce why we couldn't provide you with a copy of what the City Commission votes to transmit." Discussion followed. The Board thankcd Ms. Tyjeski for her presence at the Meeting. Mr. McDonald said, "I just wanted to on behalf of Staff extend our appreciation for all of your participation throughout this vcry lcngthy and expedited process. I know this is a very thankless job and wc certainly appreciate the time that you've invested in order to plan for this community. Along sidc that, we also appreciate the tremendous effort that LDI [Land Design Innovations, Inc.] in developing this thing essentially from scratch. In fact these guys did no less than a years worth of work in three (3) to four (4) months. So I think it CITY OF WINTER SPRJNGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2001 PAGE40F6 was a very incredible feat. I just want to also extend my appreciation to Holly [Pierstorff], her Staff, all the other Departments that participated throughout this process. It was a very teamwork oriented effort and quite frankly, I am very proud of the effort that everyone has put forth." Chairman Fernandez said, "Of course that also comes from our Board too." Discussion developed on keeping the Board better informed of developments within the City. Mr. McDonald suggested producing a monthly update for the Board Members. Mr. McDonald stated, "It would be my recommendation that the duties and responsibilities of this Board be expanded consistent with those of an LPA [Local Planning Agency], concurrent with the rewrite of the Comprehensive Plan. Staff has also looked at the possibility of rewriting many of our Ordinances that are currently out of date. Zoning for example, or Land Development Regulations because they're obviously not very consistent with many of the Policies that we've adopted in the Plan. They're not only consistent with some of our most recent State Statues. We have Concurrency Ordinances that are stand-alone Ordinances." Furthermore, Mr. McDonald stated, "All those Ordinances need to be rewritten and recombined somehow into a functional document." Vice Chairman Brown asked, "Do we review any of that after you do it?" Mr. McDonald responded, "You will be given an opportunity to - yes." Chairman Fernandez stated, "At one point at a City Commission Meeting - the City Commission as well as the Local Planning Agency, is to receive quarterly updates of what's in the pipeline, who's applied for a business permit. What can we look to expect to receive in the next three (3), six (6), nine (9) months next year. We've never gotten those. I just want to find out if the City Commission is getting them, then we want to get them." Mr. McDonald stated, "We typically provide the City Manager with a monthly report that gives a graphical representation of major items for consideration like rezonings, land use map amendments, text amendments, building permits, and things of that nature. But in terms of an actual report, that has not been a common practice since I've been here. However, as Staff we are looking for suggestions from this group on ways to improve how you can do your jobs. Especially giving you the power to do your jobs effectively." Tape I/Side B Chairman Fernandez asked again, "Is the City Commission getting the quarterly report on that stuff though?" Mr. McDonald responded, "As I stated before, there has not been any quarterly reports done since I've been here and I've been here for close to five (5) months now." Chairman Fernandez said, "But Mr. Carrington is aware of it because he said we would get it too. So I guess you're going to get back to that." The Board asked of Mr. McDonald to share any mail he receives that would interest the Board. Mr. McDonald agreed. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2001 PAGE5OF6 Discussion. With consensus of the Board, the December 5, 200 I Regular Meeting will be tentatively scheduled and the January 2, 2001 Regular Meeting will be moved to January 9, 2001. IV. FUTURE AGENDA ITEMS . Training Session V. REPORTS Chairman Fernandez asked Board Member Krebs, "Were you required to resign as Chair of the Code Enforcement Board before you came on this Board?" Board Member Krebs said, "No." Chairman Fernandez asked, "Have you been advised to do so?" Board Member Krebs replied, "I've been advised I didn't have to do so." Discussion developed. Chairman F emandez asked, "What is the procedure in order to make the request through the City Manager or you to the City Manager, to have the City Attorney, or Assistant, or somebody educate us on the recent changes and the laws that would effect us." Mr. McDonald stated, "I think it's just a matter of the Chairman filing - a request via written form or through the Minutes." Chairman Fernandez stated, "I'd like to know what the recent changes to the Sunshine Law are. I'd like to know for Mrs. Kreb's standpoint the final version of the dual office holding under the Florida Constitution as it mayor may not apply to her position, and any other new laws that have come into effect that impact our function as either the Planning and Zoning or Local Planning Agency. Now that's the type of Motion I am looking for to request the City Manager to have someone, whether it be the City Attorney, a Member of his Staff, or a Member of our Staff come give us a presentation." Chairman Femandez stated, "I want that in writing. That you can serve on two (2) Committees and of course the Sunshine Law you're going to get that in writing." Chairman Fernandez restated, "I'm looking for a Motion to request the City Manger to have, to give this Board, Local Planning Agency, Planning and Zoning Board an update on the current status of the laws that impact our function. To which specifically; dual office holding, Sunshine Law, public records." MOTION BY VICE CHAIRMAN BROWN. "][,LL MAKE THAT MOTION. MR. CHAIRMAN I MAKE THAT MOTION." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 7, 2001 PAGE 6 OF 6 Chairman Fernandez restated, "I'm looking for a Motion to request the City Manger to have, to give this Board, Local Planning Agency, Planning and Zoning Board an update on the current status of the laws that impact our function. To which specifically; dual office holding, Sunshine Law, public records." MOTION BY VICE CHAIRMAN BROWN. "I'LL MAKE THAT MOTION. MR. CHAIRMAN I MAKE THAT MOTION." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Board Member Krebs stated, "For the record, I was prepared to resign from the Code Board at that time.... I totally enjoy the Code Board, I'd love to remain on that. If! can't that's fine too. I'm okay with it." Board Member Stephens spoke of holding a Workshop. The Board requested for the City Clerk's Office to provide them an updated copy of the City Charter and the City's Code of Ordinances. Discussion. VI. ADJOURNMENT MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE ADJOURN." SECONDED BY VICE CHAIRMAN BROWN. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Fernandez adjourned the Meeting at 8:18 p.m. Docs\Word\BOARDS\PLANNING\alll\MINUTES\2001\1 10701 REGULAR.doc NOTE: These minutes were approved at the February 6, 2001 Planning And Zoning Board/Local Planning Agency Meeting.