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HomeMy WebLinkAbout_2001 04 16 City Commission Workshop Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP APRIL 16,2001 I. CALL TO ORDER The Workshop of April 16, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:34 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, absent Attorney Jeff Buak, present Mayor Partyka announced that City Attorney Anthony A. Garganese and his wife just had a baby girl. II. WORKSHOP AGENDA The Community Development Department Requests The City Commission Hold A Workshop With The Planning & Zoning Board/Local Planning Agency On The Issue Of Whether The Planning & Zoning Board/Local Planning Agency Should Review And Make Recommendation To The City Commission On Voluntary Annexation Requests From Property Owners. Mayor Partyka reminded those in attendance about the "State of the City" Address being held tomorrow. City Manager Ronald W. McLemore introduced tonight's Agenda Item and discussed the Growth Management Plan, and explained that "We do agree that the Annexation policy and the Plan needs some additional work." Ms. Rosanne Karr, Chairperson of the Planning and Zoning Board/Local Planning Agency: addressed the Commission and explained that Members of the Planning and Zoning Board/Local Planning Agency would like to be kept abreast of what is going on in the City, and did not like being caught by surprise regarding annexations. Ms. Karr added, "We've been asking for years to get an updated map of the City of Winter CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - APRIL 16,2001 PAGE20F9 Springs, and the different zoning - that exists today, and - where the City is planning to expand. " Discussion ensued on Growth Management issues. Mr. Bill Fernandez, Vice Chairperson of the Planning and Zoning Board/Local Planning Agency arrived at 6:41 p.m. Mayor Partyka stated, "Let the record show that Mr. Bill Fernandez is here also, so you've got three (3) Members ofP and Z here." Mr. Bill Fernandez, Vice Chairperson of the Planning and Zoning Board/Local Planning Agency: spoke on the assistance that the Planning and Zoning Board/Local Planning Agency could provide to the City Commission; that the City could provide a better level of notice instead of the appearance that properties were being "sneaked" in; and that if the Planning and Zoning Board/Local Planning Agency could hear Annexation issues, that this would provide additional notice to the public. Commissioner Edward Martinez, Jr. asked Manager McLemore, "Do you make it your business to notify the Planning and Zoning Board each and every time we're doing an annexation?" Manager McLemore stated, "I don't think that there is a policy in place for that. We certainly would have no problem with sending them the same package of information that we send to the Commission. In fact, I thought they were getting your packages anyhow, as part of the latest dissemination list that we developed. Isn't that true ?" Manager McLemore asked the City Clerk, "Doesn't the Planning Commission get Commission Agendas?" The City Clerk responded, "They get the Agendas and Minutes. All the Boards get Agendas and Minutes." Manager McLemore then stated, "Okay, I certainly have no problem giving them any backup information we have on the Agenda." Members of the Commission commented on some of the remarks made by Mr. Fernandez. Commissioner Michael S. Blake stated that "I am quite concerned about the City taking the position of actually mailing out notices to people, because that just multiplies geometrically the number of mistakes that you can make in missing somebody, or the number of mistakes for potential lawsuits then coming back in when somebody didn't receive the same level of notification that somebody else received." Commissioner Blake 'further stated, "I do think that we ought to post properties very, very clearly, when there is a zoning change or an application for new zoning or a land use change or an application for new land use classification because of an annexation, if you will. It could of course happen to a property that is already inside the City also, if there is a Rezoning or 'PUD' perhaps, which is a Rezoning, anything of that nature. And I certainly think CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - APRIL 16, 200 I PAGE30F9 that this Board should take a very careful look at WhaJ type of zoning requirements we should have and I know that many other cities do have"p'os~ing requirements and some don't. I was surprised when I found out that we don't. So, I - am very much in favor of posting properly." Further discussion ensued on 20-57. from the Code of Ordinances; land development, "successful economic development," and improving the flow of information. Manager McLemore reminded the Commission that "Our current policy, in your Comp Plan needs a lot of work. It needs a lot of work. I've admitted that for a long time, and we now, as I've told you, I've generated a lot of information where we should go back to the Planning Commission to review the Comp Plan position or policy relative to annexation of the City." Discussion. Mr. Charles Carrington, AICP, Community Development Director addressed the Commission and spoke of the Comp Plan; and posting properties. Mr. Carrington also stated that "Staff should make a special effort to keep them informed and if Tom Grimms and my staff hasn't been doing that in the past, we can certainly do that in the future. But I thought, as I think the City Manager did, that the information provided by the City Clerk to P and Z was providing them with that background and that data, but if it's not doing it, then we can certainly make it part of their Agenda Item." Ms. Karr, Planning and Zoning Board/Local Planning Agency: added that the Board's "chief complaint" was that they received information at the last minute. Commissioner Cindy Gennell asked Manager McLemore, "What does the Comp Plan require now?" Manager McLemore stated, "The Comp Plan is very vague on annexation right now." Manager McLemore further stated, "It really is a very incomplete and vague policy, and needs considerable work." Further discussion on the time line for a possible text amendment. With a date of August, Commissioner Gennell stated, "So there is time for the P and Z to sit down with Staff and go through it, and have recommendations ready for August for us?" Manager McLemore stated, "I would think so. Absolutely." Commissioner Gennell then asked Deputy Mayor David W. McLeod for his comments about his previous service on the Planning and Zoning Board/Local Planning Agency as to when annexations were reviewed. . Manager McLemore asked Ms. Karr, "Are you telling me that you don't get your packages until just before the meeting, from Staff?" Ms. Karr explained what information was received, and when. Regarding the late delivery of packages to the members of the Planning and Zoning Board/Local Planning Agency, Mr. Carrington stated, "I can only apologize for Tom for that." Mr. Carrington then said, "You'll not getany last minute Agendas from me." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - APRIL 16,2001 PAGE4 OF 9 Deputy Mayor McLeod said that Agenda Packets were also received late, during his tenure on the Planning and Zoning Board/Local Planning Agency. Deputy Mayor McLeod further spoke of annexations and zoning, and added that "I totally believe it is P & Z's responsibility to work with Staff as proper zoning recommendations to the Commission." Deputy Mayor McLeod also stated that regarding annexations, "I think it should be put on the elected officials' shoulders." Commissioner Gennell suggested that members of the Planning and Zoning Board/Local Planning Agency, should not "Have any reservations about coming forward if they have some expertise or some insight or the value of their zoning expertise to add to what we are doing, on the two (2) nights that we have Public Hearings, relative to annexations." Commissioner Gennell then stated, "Do we have a different policy for zoning changes that we are making inside the City as opposed to those we're making on newly annexed property? Posting regulations?" Manager McLemore spoke of a policy that he has recently started writing. Commissioner Gennell further inquired, "Then currently, we don't even have a policy that requires us to notify someone inside of the City that we're going to Rezone or have an application for Rezoning in front of us, adjacent property owners or anything?" Manager McLemore answered, "There is no policy that I know of, at this point in time, other than advertising in a newspaper." Commissioner Gennell spoke of the most recent sign that was posted on a property. Mr. Carrington explained that he had made the sign in a short timeframe. Tape I/Side B Commissioner Gennell advised Mr. Carrington about a company in her Homeowner's Association called, "Signs In A Day." Commissioner Gennell further suggested that we use, "Some hot pink or bright orange, some kind of sign." Deputy Mayor McLeod suggested that we utilize some of the City's other departments that have sign making equipment. Regarding zoning maps, Commissioner Gennell suggested that "When we have a working body in here, I don't know why we can't have a sign rolled in here. I - know it's possible, they make these kind of things, and I think - it's a very good sign, if you've never seen it, it could just be rolled right in here, or however you hang it up. I don't see any reason not to have it. It was very informative to the public when they were here looking at things that were being considered by the Commission. And that's another thing, when we are doing annexation things here, why shouldn't we have the same map available to us, so that we have the benefit of that. I - think that is a pretty simple and straightforward request, I don't see anything complicated about that at all. The only difference is it won't live in this room like it used to." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - APRIL 16,2001 PAGE50F9 Commissioner Gennell then stated, "I personally, and if the rest of the Commission would agree, I would appreciate a survey to find out where places like the City of Orlando, Maitland, Altamonte, where they do their legal advertising." Further discussion ensued on advertising costs and posting. Commissioner Blake again spoke of getting the packets to the appropriate individuals in a timely fashion, and the issuance of the City Commission Agenda packets. Commissioner Blake further stated that "If anybody needs additional time, it's the volunteer Boards." Commissioner Blake added, "They are the one's that need more time to digest the information, to do the research and ask the questions that may come up while they are doing that." Furthermore, Commissioner Blake stated, "We just need to do a better job of that. " Commissioner Blake agreed that advertising should be done in the Orlando Sentinel, but added that he was more concerned with "Are we getting the information out." Commissioner Blake further stated, "If it can be shown to me that more people will learn about an issue that's coming before the City though advertising in the Sanford Herald,'or some other paper, maybe the Winter Springs Voice; and effective posting of the property and perhaps one or two other things that may help to get the word out; then I would be in favor of looking at that, especially if it costs a lot less. However, I am firmly against sending out mail notifications to selected property owners, because I think that creates a nightmare. " The costs involved with "legal advertising" were further discussed and Commissioner Blake asked if the applicant was charged for this. Manager McLemore stated, "I don't think the applicant pays directly." Manager McLemore suggested that costs should be reflected in the application fee. Commissioner Blake stated, "I think we should have a format of what the sign should look like, but it seems to me that all of those costs should be passed thro~gh to the applicant." Discussion. Commissioner Gennell stated, "We have other advertising besides those done on annexation, that are large advertisements that we do here, so I'd still want to get the information back to us on cost savings and alternative methods." Further discussion followed on applications and waived application fees. Commissioner Blake stated, "Mayor, Point of Order." Commissioner Blake clarified, "In an annexation, you. can only annex by Ordinance, and an Ordinance requires a Public Hearing and must be advertised." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - APRIL 16,2001 PAGE60F9 Mr. Brent Gregory, Planning and Zoning Board/Local Planning Agency: advised the Commission that after he had read a year's worth of the Minutes from the Planning and Zoning Board/Local Planning Agency, that the issue of annexations had repeatedly come up. Board Member Gregory also spoke of zoning issues dealing with "Property that is not even in the City." Mr. Gregory added, "I would appreciate, in my effort to help you, clarification of what the Commission wants the P and Z Board to do." Mr. Fernandez, Planning and Zoning Board/Local Planning Agency: further spoke on advertisements, and the posting of property, which would also improve better attendance at Planning and Zoning Board/Local Planning Agency Meetings. Board Member Fernandez also asked that "City Planning Maps" or a CD version be provided to the members of the Planning and Zoning Board/Local Planning Agency; and asked Attorney Jeff Buak about the Bylaws of the Planning and Zoning Board/Local Planning Agency, which stipulated that Meeting packages be provided three (3) days in advance, and if this was not done, would this cause a legal problem?" Attorney Buak responded to Mr. Fernandez saying "No, I d~n't think that you have necessarily a legal problem, based upon the timeliness of your packet. The fact that you've adopted ByLaws is an issue between you and the City and Staff to make sure that you get those things timely. You shouldn't make a decision however if you have not had an opportunity to review the documents that have been provided to you and taken testimony of the people before you. That's the only way that you might find yourselves in some troubled waters, is if you've made an uninformed decision." Commissioner Martinez suggested that the advertisement issues be handled on a separate Agenda if necessary. Commissioner Martinez further commented on Mr. Gregory's remarks. With further discussion, Commissioner Martinez added "When you get an application for an annexation, instead of waiting until the annexation is about to be processed up here, and it comes for a first Public Hearing, let us know - immediately and let them know, so that they are aware of the fact that this is in progress and we do intend to annex this property. " Commissioner Gennell additionally spoke on being provided with information and stated that "In the past, we asked that we be advised when people came in and spoke to, in that case Mr. LeBlanc or whoever about preliminary, exploratory talks on a Burger King or this or that. We finally got a very brief little update, once every so often about who had come into see about what parcel, whether they were in the City or not, about coming in or developing this or that or the other. Now we did get those from Mr. LeBlanc when he was here. My question is, 'Are we going to continue to get those now?'" Members of the Commission agreed with this request. Manager McLemore stated, "If that's your policy, and that's what we're supposed to do." Commissioner Gennell added, "I would appreciate that and I would think that the P and Z would be copied on that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP-APRIL 16,2001 PAGE70F9 Commissioner Gennell then addressed her concern with Members of the Planning and Zoning Board/Local Planning Agency considering properties that were not in the City of Winter Springs and said, "I do have a concern with that." Commissioner Gennell spoke of her preference with receiving "Adequate information in a timely manner." Commissioner Gennell then suggested, "I think it probably would be beneficial for all the groups to have a directive - perhaps if you could start drafting a simple directive to each of the Boards." Commissioner Gennell clarified her suggestion by saying, "This is your job here, your function; or this is what we expect you to do and this is what you don't have to worry about." Further discussion. Commissioner Blake asked Attorney Buak "About this issue of considering a Land Use Amendment or a Zoning Classification for a property that is not yet annexed into the City, whether it be at some stage, perhaps between readings or perhaps just the application stage or even perhaps before the application stage. At what point in time should our LP A and P and Z Board be reviewing a parcel that is not yet in the City, but appears to be coming into the City?" Attorney Buak stated, "Generally that would be a policy decision that the Councilor Commission here would have to set that direction. There are avenues that are within the Florida Statutes which would allow a municipality to participate for instance in joint planning of areas that are outside of the municipal jurisdiction." With further discussion, Attorney Buak agreed with Manager McLemore that there should be separation and stated, "I don't know that it rises to the issue of contract zoning, which is prohibited." Tape 2/Side A Commissioner Blake then inquired about "A more intense Zoning Classification and Land Use attached to the properties, but perhaps a Lower Intensity Use, so prior to those amendments and zoning changes occurring, they come in with a - proposal, a development application - are we then required to process that application under the County's guidelines?" Attorney Buak stated, "I would like the opportunity to review that issue more thoroughly." With further discussion, Commissioner Blake commented on Mr. Gregory's remarks which dealt with the Planning and Zoning Board recommending to the City Commission, the boundaries of the various original zoning districts; and the related zoning classifications. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - APRIL 16,2001 PAGE80F9 Commissioner Blake then asked, "Getting back to this question about - if they don't get their information in a timely fashion, so that they can digest it and make an informed decision; if the Land Planning Agency or the P and Z Board fails to act on an item, in other words they don't - they just fail to act because of not having sufficient time to review it, then is it possible for that item to come to us, without them having acted on it?" Attorney Buak explained that the Planning and Zoning Board is quasi-legislative, and said, "I would think that this Board would want those recommendations but I don't know that the Board is required to have those recommendations in order to move forward." Commissioner Blake further explained that "My concern would be a situation when that were to happen, and it comes to us and there's an applicant who feels they would be injured if we did not take action at that time." Commissioner Blake asked Attorney Buak that "If you could take note of the questions and perhaps either yourself or have Anthony get back to us." Members of the Commission spoke on the maps being on the Website and notifying everyone of this availability. Deputy Mayor McLeod stated, "Would you make me a copy of this CD, Mr. Manager?" Manager McLemore stated, "Yes." Commissioner Gennell and Commissioner Martinez also asked for a copy. Mayor Partyka added, "Might as well do it for the whole Commission, but I'll go one step further, why don't we just put it on the Website." Mayor Partyka asked, "Do you want this.P and Z Board to handle voluntary annexations, either review or recommendations?" Commissioner Blake stated, "If you would like to put it on the Agenda to take it up - then I think that's great." Brief discussion. Mayor Partyka then stated, "The consensus seems to be 'Not to change.'" Regarding zoning maps, Mayor Partyka stated "There ought to be a nice easy big printed map that everybody should have and be able to look at it." Mayor Partyka stated, "Everyone should have a current map, somewhere, easily accessible." Mayor Partyka then advised Staff that "Information has to come in on a timely basis." Mayor Partyka next spoke of informing the public and stated, "How do we legally, easily, practically tell the public what's going on? One option was legal ads and all the parameters on that one, and City Manager you need to review that one. And the other one is the posting of the property, and I think you need to review that one also." The issue of zoning maps was further discussed. Commissioner Gennell spoke of her preference and said, "I think that the colored map is much more valuable to people when they are making these kind of decisions." Manager McLemore asked the Commission for a consensus about a possible meeting on Town Center regulations training. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - APRIL 16,2001 PAGE90F9 Mayor Partyka thanked the Members of the Planning and Zoning Board for their participation. III. ADJOURNMENT Mayor Partyka adjourned the Workshop at 8:23 p.m. RESPECTFULLY SUBMITTED: lL~L ANDREA L .1 RENZO-LUACES, CMC CITY ern . ,Y