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HomeMy WebLinkAbout2006 06 21 Planning and Zoning Board Workshop Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY WORKSHOP JUNE 21, 2006 CALL TO ORDER The Workshop of Wednesday, June 21, 2006 of the Planning and Zoning Board/Local Planning Agency was called to order at 6:38 p.m. by Chairperson Rosanne Karr in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Rosanne Karr, present Vice Chairperson Linda Tillis, present Board Member Tom Brown, present (via telephone at 6:30 p.m.) Board Member William H. Poe, present Board Member Ned V oska, present Board Member William H. Poe asked, "Would it be appropriate to move [ Agenda] Item '301' and address it first?" Chairperson Karr said, "I would agree." Chairperson Karr asked the Advisory Board Members, "Is there any objection?" Vice Chairperson Linda Tillis said, "No objection." Board Member Ned Voska said, "No objection. " .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 301. Comments from Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools. Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools introduced this Agenda Item and distributed to the Advisory Board Members a handout entitled, "School Capacity and Student Generation Workshop". Discussion. Mr. Kosmac discussed the above handouts and then explained the handout entitled, "Student Station's Summary Report". Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY WORKSHOP - JUNE 21, 2006 PAGE20F7 Tape IISide B Board Member Tom Brown asked, "I would like to see a Chart that would show the developments in the County." Mr. Kosmac said, "What we are going to do, is ensure that we make comments to the Planning and Zoning - [Board] whenever these new developments are coming before you." Board Member Brown said, "Okay - thank you very much." Discussion. Mr. MiclJ,ael Rigby, AIep, Planner, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: addressed the Advisory Board Members on gathering information for analysis. Discussion ensued regarding "Mitigation Fees". Board Member Brown said, "I am more than pleased with the Presentation." Chairperson Karr stated, "Thank you for your Presentation." Mr. Rigby said, "Thank you." REGULAR 300. Workshop To Discuss Roles And Responsibilities Of The Planning And Zoning Board/Local Planning Agency' And To Discuss The New Law Chapter 2006- 88, Laws Of Florida, Effective October 1, 2006. City Attorney Anthony A. Garganese introduced this Agenda Item and discussed the roles and responsibilities of the Advisory Board and said, "You serve as the Planning and Zoning Board and you also serve as the Land Planning Agency. Your Planning and Zoning Board responsibilities are related to the City's Zoning Regulations and your responsibility as a Land Planning Agency Member is related to Comprehensive Planning." Attorney Garganese continued, "With respect to your Zoning responsibilities, those responsibilities are delegated to this Board by the City Commission, and that delegation of authority at this juncture is simply that this Board is an Advisory Board that makes recommendations to the City Commission on various Zoning matters - they include the recommendations regarding the Zoning District boundaries of parcels of land. Your responsibilities are also to include collecting Data and keeping the Board informed as to the best practices that are generally in effect regarding City Planning and Zoning - the Data that is in the Code - include Data regarding future movement of traffic, includes residential and business districts, convenience, and safety of persons and property in any way dependent on City Planning and Zoning." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY WORKSHOP - JUNE 21, 2006 PAGE30F7 Attorney Garganese then said, "Other responsibilities - are related to recommending Planned Unit Development projects. You also will make recommendations regarding off-street parking requirements - you make recommendations regarding the Approval or Denial of Development Plans, subdivision plans, for example, Site Plans that come through the City. Lastly, you are also charged with making recommendations regarding new telecommunication tower - Applications under the Telecommunications Zoning Code and the City Code." Attorney Garganese said, "That responsibility is an Advisory capacity. Important to keep in mind, when the Commission has delegated this responsibility, you will frequently see that Criteria is set forth in the Code and that Criteria is there for a purpose. That's the focus the Board should place on when you are hearing Applications. For example, on re-Zonings, there is a list of Criteria that the Board is responsible for looking at. And that is the boundary of your responsibilities." In addition, Attorney Garganese said, "When you are serving as the Land Planning Agency - your duties and responsibilities are established by State Law, by the State Legislature and those responsibilities include conducting Comprehensive Planning - this Board, the LP A [Local Planning Agency] is responsible for the preparation of the Comprehensive Plan by Statute and shall make recommendations to the City Commission regarding Comprehensive Planning Policies. And the final recommendation is vested in the LP A [Local Planning Agency], however - you have Staff members that assist you in preparing the Comprehensive Plan and the Florida Statutes specifically addresses that." Attorney Garganese then stated, "The Statute also requires the Land Planning Agency to monitor and oversee the effectiveness of the status of the Comprehensive Plan and that monitoring responsibility - certain policies may not be serving the City's best interest. The Land Planning Agency can collect Data and make recommendations to the City Commission to address maybe some deficiencies in the Comprehensive Plan." Furthermore, Attorney Garganese said, "Another important responsibility for the Land Planning Agency is to review all proposed Land Development Regulations, like Zoning Regulations. State Law requires that those proposed Land Development Regulations come to the Land Planning Agency for review and recommendation to the City Commission. Your responsibilities are to review the proposed Land Development Regulation for consistency with the Comprehensive Plan." Attorney Garganese stated, "The Land Planning Agency also has other functions and duties that the City Commission may delegate to you from time to time, and again, it goes back to the Commission as the policy setters and your job is to follow that direction." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY WORKSHOP - JUNE 21, 2006 PAGE 4 OF 7 Next, Attorney Garganese said, "The new Law that is going to go into effect October 1, [2006], it is going to require - whenever a Development Permit is being considered, and the Development Permit could be any permit Application that affects the development of land, like. a Rezoning, Special Exceptions, Variances - Comprehensive Plan Amendments possibly, Building Permits - all those Applications that affect the development of land. Florida Law is now going to require, whenever a Municipality denies an Application for a Development Permit, the Municipality must provide the Legal Authority as the basis for the Denial of the Permit. And that Legal Authority could be a Citation from the City Code, it could be a Citation to a Florida Statute, it could be a Case Law, but you have to state the basis of the Denial." Attorney Garganese said, "I represent a variety of Cities - representing City Councils and City Commissions and I see them reviewing recommendations of the Board - when they consider those recommendations - you state the basis for your recommendation, rather than just having to review draft minutes. In your Motions, if you stated some particularity, the basis of your decision, it helps the final decision makers consider your recommendation and give it more weight - and I have seen some Planning and Zoning Boards will actually at the end of the Meeting, the Chairperson will actually put together a memo on the decision stating the basis of the recommendation to the City Commission, and I find that helpful." Discussion. With further discussion, Board Member Poe asked Attorney Garganese, "Where are we not supposed to go." Attorney Garganese said, "You had some testimony from the School District that that project was not going to have an adverse impact on the Schools, and you need to consider that. They are the School District. They are the ones with all the Data and Analysis." Mayor John F. Bush said, "We do appreciate you being here tonight and I appreciate Anthony [Garganese] and also, of course, Mr. Kosmac for the information he presented." Mayor Bush stated, "I thought it was very informative." Chairperson Karr asked Mayor Bush, "What do you all look for when you go through our packets?" Mayor Bush said, "Anthony [Garganese] made - a good recommendation - when the Commission gets the information on their Agenda, it has a usually very short summary on how you voted. It - is pretty hard to read that and know what you spent maybe hours talking about, and I think a summary by yourself or whomever that would say, 'This is the reason we took this action' - I think that would really be helpful to the Commissioners. But, what we are getting now, I don't think is sufficient." Mayor Bush then said, "That would be my recommendation and - that coincides with what Anthony [Garganese] said." Chairperson Karr said, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY WORKSHOP - JUNE 21,2006 PAGE50F7 Ms. Eloise Sahlstrom, AS LA, AICP, Senior Planner, Community Development Department briefly discussed Joint Workshops with the City Commission and the Planning and Zoning Board/Local Planning Agency and introduced a Flow Chart of the EAR (Evaluation and Appraisal Report) process. Ms. Sahlstrom said, "Back in April [2006], Vice Chairperson Tillis indicated that she felt that it would be appropriate to have a Workshop Meeting that would involve the Community in helping to define the issues." Ms. Sahlstrom then said, "One of the processes in getting the EAR [Evaluation and Appraisal Report] started is to have a list of issues and as part of that there are to be - Joint Workshops with the City Commission and the Board [Planning and Zoning Board/Local Planning Agency]." Manager McLemore said, "I think that is something that needs to be addressed as an Agenda Item for the City Commission." Mayor Bush said, "Let rne ask the P and Z [Planning and Zoning Board/Local Planning Agency] - what recommendations would you have for the City Commission to increase communications?" Board Member Brown said, "One of the recommendations that I would make is that we take five (5) minutes at a City Commission Meeting, our Chairperson or a Representative from the Planning and Zoning Board/[Local Planning Agency] when necessary on any item that we - what Anthony [Garganese] said, where we feel that it is out of line with whatever is going on and present that at the City Commission Meeting." Vice Chairperson Tillis said, "But, I think that needs to be a two (2) way street as well - I would like to receive a little guidance." Vice Chairperson Tillis added, "So, I think from time to time, this Comp[prehensive] Plan EAR [Evaluation and Appraisal Report] process is probably a great opportunity to do this. Where is it that we want to be as a City? What do you - see. Where are we on what we think the City ought to be in. That's why I brought up the Public Input as well. Where do the Citizens think we ought to be as a City. And if we could put some of those issues together - I would really like to see us preserve more green space or I really would like to see us really build up the Town Center more; maybe expand some of those concepts; maybe change what is supposed to be there. I don't know what it is they are looking for. I know what I hear, but I don't have everybody else's opinion and I would appreciate some of that feedback." Mayor Bush stated, "What I would like to recommend, is that next time you meet, maybe discuss on how we can open the channels of communication, we will do the same thing at our next Meeting." Mayor Bush then stated, "And then at some point after we have both your Board and the Commission had a chance to talk about good ways to do this, then we can get together again and plan this out. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY WORKSHOP - JUNE 21,2006 PAGE 6 OF 7 Mayor Bush said, "That will be my recommendation to our Commission - and then, we will get back with you Rosanne [Chairperson Karr] and let you know what they are all thinking collectively and then you will get the same information from your group." Furthermore, Mayor Bush noted, "I think a face to face Meeting is much better. So, that will be my recommendation to our Commission when we meet Monday. We will probably take it up under our Seats, but it will be near the end of the Meeting and then we will get back with you Rosanne [Chairperson Karr] and let you know what they are all thinking collectively. And then you will get the same information from your group and then we will sit down and try to figure out the best way to do this." Commissioner Sally McGinnis briefly spoke to the Advisory Board Members and asked Deputy City Clerk, Joan Brown for a copy of a Summary Report. Deputy City Clerk Brown acknowledged this Request. Tape 2/Side A Commissioner McGinnis said, "And I think that any time we can have Forums, periodic Forums for disseminated information and sharing, it is just a 'Win-Win'. So, I agree with you Linda [Vice Chairperson Tillis]." Deputy Mayor Michael S. Blake said, "We don't do Verbatim Minutes and we don't want to." Deputy Mayor Blake then said, "The real question is whether or not you folks feel that you are getting the appropriate level of education and training as to how to do the job on the P and Z Board [Planning and Zoning] or on the LP A [Local Planning Agency]. And I know there have been some Workshops in the past, which I hope have been helpful. Hopefully, you have access to any of the material or data or the Code or the [Florida] Statutes or the Florida Administrative Code or Case Law or whatever it is that you need in order to make these types of decisions, and then forward the recommendations on to the City Commission. From where I have sat, it has been difficult to hear a recommendation going one way, very strongly so that used Criteria that we simply can not use to make the decision, ultimately." Deputy Mayor Blake then said, "We are not in a position from a policy stand point or make Quasi-Judicial decisions when it comes to land use decisions for folks, we can not base our decision based on the recommendation that we are getting." Mr. Ronald W. McLemore, City Manager addressed the Advisory Board Members and said, "Your job is to march down the Comp[prehensive] Plan and give your conscientious consideration, those Comp[prehensive] Plan provisions and then draw your conclusions from that." Manager McLemore said, "These Quasi-Judicial type proceedings, we really have to be careful about not inserting extraneous information because when we do that, in all honestly, and we are all trying to do the right thing, because the Commission is the one really in the end is going to be the accountable body." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY WORKSHOP - JUNE 21,2006 PAGE70F7 Board Member Ned Voska said, "This has been a very good Meeting - one on one and we always need to be reminded sometimes is that, we have the Criteria and if it meets the ten (10) points on it and it meets the best thing for health and welfare of the City, then we can not let our ownjudgments get into it and we will strictly go according to the book on it. " Chairperson Karr said, "Can we get a copy of that Law that you presented tonight?" Attorney Garganese said, "I sent the letter to the Manager, so - Joan [Brown] can follow up and make sure that each Member of the Board gets a copy." Deputy City Clerk Brown acknowledged this Request. Board Member Brown said, "I would like to thank Commissioner [Robert S.] Miller for re-appointing me and I would also like to thank the Commission for their continued support of me." Board Member Brown added, "Ron's [Manager] remarks - there is no question what he has done for our City." Furthermore, "Mr. [Deputy Mayor] Blake - he is an outstanding man - the information that he has and the way he can present it, is very, very beneficial to us." Board Member Brown then said, "I appreciate the time of all the Commissioners, the Mayor, and the Attorney and our City Manager. I really do." Chairperson Karr said, "Thank you Commissioners and Ron McLemore for coming and also Anthony [Garganese] and Eloise [Sahlstrom]. Thank you very much." ADJOURNMENT "MOTION TO ADJOURN." SECONDED. DISCUSSION. MOTION WAS APPROVED. MOTION CARRIED. MOTION BY BOARD MEMBER POE. WITH CONSENSUS OF THE BOARD, THE Chairperson Karr adjourned the Meeting at approximately 8:21 p.m. RESPECTFULLY SUBMITTED: