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HomeMy WebLinkAbout2006 12 06 Planning and Zoning Board Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING DECEMBER 6, 2006 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, December 6, 2006 was called to Order at 7:00 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 Board Member William H. Poe, present Board Member Denise Ryser, present After a moment of silence, Chairperson Karr led the Pledge of Allegiance. PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. PUBLIC HEARINGS AGENDA Pll8LIC HEARINGS 200. Community Development Department - Planning Division And Office Of The City Attorney Request That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-12, Which Amends City Code Section 20-451. Regarding Telecommunication Towers And Antennas. Mr. Randy Stevenson, ASLA, Director, Community Development Department briefly spoke about this Agenda Item. CITY OF WINTER SPRINGS. FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 6. 2006 PAGE 2 OF 5 Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item and handed out a Map on Cell Tower Sites. Referencing the Master Planning Map, Ms. Sahlstrom said, "The one that is in the Code - it actually has an error on it so, we probably want to Amend the Map that is included in the current Ordinance." Ms. Sahlstrom said, "The four (4) sites where Cell Sites are currently permitted and the new Ordinance, allows those to be Permitted locations without being considered as a Conditional Use." Ms. Sahlstrom displayed a Powerpoint presentation of the Cell Tower locations. Ms. Sahlstrom said, "The 'Implementation Schedule' that I included in your Agenda Packet is incorrect. I had misunderstood, an Agenda Item that the City Manager was taking forward on Monday night - this is not going forward on Monday night." Ms. Sahlstrom added, "You have time to give your comments and for the Minutes to be prepared and it will not go forward until the first Meeting in January with the Commission, assuming you make your Recommendation tonight." CiZy Attorney Anthony A. Garganese arrived at 7:05 p.m. Ms. Sahlstrom said, "We had a request from Mr. [Advisory Board Member Tom] Brown for a copy of the Map that is referenced in the Ordinance, and when I pulled that Map I remembered back from 2005 that there was a scrivener's error on the Map that is included in the Ordinance, so I passed out copies of this graphic that I had prepared with the Powerpoint presentation - that references those four (4) Permitted locations." Ms. Sahlstrom added, "So, we will probably need to Amend that as part of the Ordinance, just so they are correctly identified." Attorney Garganese said, "This is coming to you at the direction of the City Commission - we received a Report which is referenced in the Ordinance regarding coverage in one (1) particular area of the City and the Commission directed that we go back and take a look at a possibility of allowing additional Sites for towers to provide some extra coverage where needed and that was the Ordinance that was put together. It was not a Comprehensive overhaul of the Ordinance. The Amendments were specifically related to locational requirements and we added some provisions regarding Application requirements just to clarify a few administrative matters." Discussion. Regarding the locations, Attorney Garganese said, "Tier One. is Permitted as a matter of right. Those are the Sites that are currently indicated in the Ordinance. So, they are given Permitted Use status and then you have two (2) other Tiers. Both of those Tiers are given Conditional Use status, but Tier Two. takes priority over Tier Three. In other words, you can not go to Tier Three. unless you can prove by - substantial evidence that Tier Two. sites are not available." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 6, 2006 PAGE 3 OF 5 Discussion. Chairperson Karr opened the Public Input portion of this Agenda Item. Ms. Mary Doty Solik, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: as Legal Counsel for Vertex Development Inc., Ms. Solik spoke in favor of this Agenda Item. Chairperson Karr closed the Public Input portion of this Agenda Item. "I WOULD BE GLAD TO MAKE THE MOTION THAT THE LOCAL PLANNING AGENCY FORWARD THIS TO THE CITY COMMISSION - STAFF'S RECOMMENDATION FOR APPROVAL AS IT IS PRESENTED TO INCLUDE - THE MODIFICATIONS NECESSARY TO THE MAP AS PART OF THE ORDINANCE." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY ADVISORY BOARD MEMBER RYSER. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN : AYE CHAIRPERSON KARR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. Community Development Department Not Used. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The November 1, 2006 Regular Meeting Minutes. "I MAKE A MOTION THAT WE APPROVE THE NOVEMBER 1S\ 2006 REGULAR MEETING MINUTES." MOTION BY ADVISORY BOARD MEMBER BROWN. SECONDED BY ADVISORY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORfDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 6,2006 PAGE40F5 VOTE: BOARD MEMBER BROWN: AYE CHAIRPERSON KARR: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. 600. REPORTS Board Member Brown said, "I would like to put it on the Agenda for the next Meeting. This is the Parks - Comprehensive Plan that I received - we have the Report from Chuck Pula [Director, Parks And Recreation Department] for the Parks and Recreation - Comprehensive Plan." Deputy City Clerk Joan Brown read into the Record "Form 8B Memorandum of Voting Conflict" filed by Board Member Brown. Advisory Board Member William H. Poe asked the City Attorney, "Is absence from a Meeting a normal reason to Abstain from a Vote?" Attorney Garganese said, "No." Attorney Garganese said, "If I can recommend, if a Board Member is absent from a Meeting and the subsequent Meeting they are in attendance and they have to consider voting on the approval of the Minutes, I would recommend not Abstaining and voting on Approving the Minutes. And if you want, you can have the Secretary reflect that in the second Meeting Minutes that you voted in the affirmative to approve the Minutes, but let the Record reflect he was not in attendance at the prior Meeting. That is probably a better practice because Abstaining from Votes is only allowed if you have a Voting Conflict of Interest which is something that - a special private gain or loss which in almost all cases is a financial gain or loss." Referencing a Vote at a previous Meeting, Board Member Poe asked Attorney Garganese, "Our Vote was 3-2. Is this for Items that are a close Vote or any 'Nay' Vote, is the Chair supposed to respond with some sort of a response as to why that 'Nay' V ote?" Advisory Board Member Poe added, "If the Item moves forward, is there still a necessity to respond to a 'Nay' Vote and ifso, where does that break come?" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 6, 2006 PAGE 5 OF 5 Attorney Garganese said, "No - they [City Commission] just wanted a very - brief summary." Attorney Garganese said, "It is just a very, very simple short one (1) page letter. It can be written by the Chairperson." Discussion. Attorney Garganese added, "Two (2) things - one (1) informing the [City] Commission of your Action in all cases, which would require the memo and - the new Florida Law that was effective on October 1 st [2006]. When you deny an Application, deny a Development Order - the Government is now required by Law to state the reasons for denial and citing the authority for denying. Two (2) different issues going on here." Ms. Sahlstrom said, "In reference to the Don King property, it did go before the [City] Commission already and was approved, but they did ask the question, 'Why did two (2) Members of the Board Vote - why was the Vote 3-2'. And the Minutes did not really get into the issues as to why two (2) people voted against it." Ms. Sahlstrom added, "They [City Commission] were just wanting more information and so, they came back and said we would really like this memo from the Chairperson." ADJOURNMENT "I MOVE TO ADJOURN." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY CHAIRPERSON KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairperson Karr adjourned the Regular Meeting at 7:27 p.m. APPROVED: ~~r ROSANNE KARR, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the January 3, 2007 Regular Planning and Zoning Board/Local Planning Agency Meeting.