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Home My WebLink About1998 08 05 Other --""' ..."" CITY OF WINTER SPRINGS. FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY AGENDA ITEM: I. APPROV AL OF THE JULY I, 1998 PLANNING & ZONING BOARD/LP A MINUTES Submilled by: Andrea Lorenzo.Luaces Deputy City Clerk 'F- , v MINUTES PLANNING AND ZONING BOARD/LPA JULY I, 1998 - REGULAR MEETING I. CALL TO ORDER Pledge Of Allegiance The Planning and Zoning BoardlLPA meeting was called to order Wednesday, July I, 1998 at 7:03 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 Marc Clinch, present Rosanne Karr, present Carl Stephens, Jr., present Also Present Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator Attorney Robert Guthrie Approval Of The June 17, 1998 Planning & Zoning Board/Local Planning Agency Regular Meeting Minutes Motion by Tom Brown. Seconded by Carl Stephens, Jr. The minutes of June 17, 1998 were approved by consensus of the Board. Motion passed. II. REGULAR AGENDA A. Welcome and Swearing In Ceremony of New Board Member Marc Clinch Chairman Fernandez welcomed new Board Member Marc Clinch (who recently resigned from the Code Enforcement Board) to those in attendance, and then Board Member Clinch introduced himself and gave a synopsis of his background and credentials. The other Board members then introduced themselves to Board Member Clinch, and they also spoke on their credentials. The Deputy City Clerk swore in all the Planning & Zoning Board/LPA Members with an Oath of Office. .;-.... ~' MINUTES PLANNING & ZONING BOARDILPA REGULARMEETING-JULV 1, 1998 PAGE 2 OF 8 B. Discussion with Attorney Robert Guthrie on the Draft Bylaws/Rules of Procedure for the Planning & Zoning BoardlLP A. Chairman Fernandez asked that the date of the revision be noted on the Draft Bylaws/Rules of Procedure, The Board Members then discussed the following revisions and changes that should be added to the recently approved revisions to the Draft BylawslRules of Procedure for the Planning & ZoninglLP A: Draft Bylaws, page 5, 3.3: Remove the words "(including alternates)" in parenthesis in the first sentence, Draft Bylaws, page 6, 4.1.2: Instead Qj"the comma at the conclusion oftllis section. it should be a oeriod. Draft Bylaws, page 8, 4.3.2: Board Member Rosanne Karr suggested that the words "In particular: " at the end of this section should be deleted, and the Board agreed. Draft Bylaws, page 8,4.3.4: The Board felt that the word "all" should replace the word Hand", Draft Bylaws, page 9, 4.5: There was discussion about substituting the word "should" instead of the word "shalf', (as in the second sentence of this section), and it was agreed by the Board to accept this change. Draft Bylaws, page 10, 5.3: Chairman Fernandez suggested that the Bylaws should incorporate information from Exhibits A, B, and C, and he suggested that the first two sentences of this section should be labeled as sub-section (a): followed by (b) "In the event of any Ex-Parte Communications, prior to the Public Hearing, the Board Member shall disclose saying at the time the matter/issue is addressed by the Board". There was further discussion with Attorney Robert Guthrie regarding the possible incorporation of Exhibits A, B, and C. Attorney Guthrie stated that these Exhibits should be a part of the Bylaws, and that they should be formally incorporated into the Bylaws. It was agreed that Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator would work with Attorney Guthrie to incorporate the exhibits into the Bylaws, possibly in the beginning of the document. Draft Bylaws, page 10, 5.4: Chairman Fernandez suggested that the section labeled "VOTING OF MEMBERS" on page 24, of Apendix B should be incorporated into this section, and that the last part of this section that says. "or upon listening to a tape of the meeting." - should instead say" .or upon a review of the record". .~. c MINUTES PLANNING & ZONING BOARD/LPA REGULAR MEETING - JULY I, 1998 PAGE 3 OF 8 Draft Bylaws, page 11, 6.4.1: There was discussion on this section, and it was suggested that if the Board needed additional information, that they could request such, and then make their decision in the following (up to) ninety days from the receipt of that information. It was agreed that the following disclaimer would be added to the end of the last section .. _ was concluded "unless the Board determines the application was not completed". Draft Bylaws, page 14, 8.3: The Board decided that at the suggestion of Board Members Karr and Clinch to change the second sentence to say "Upon Request of the Board such agents or attorneys shall present proof of their authorization ". Draft Bylaws, page 17, ARTICLE X: The Board suggested that the following changes to this section should read as: "The Board shall cause notice of the Board's decision to be given to the applicant and to other interested parties who have requested such notice, as soon as reasonably possible after the decision is reached, generally no later than twenty (20) days ". Draft Bylaws, page 19, APPENDIX A: Under the item "CASE", the second last word in this section should be "Board's" not "Board=s". Draft Bylaws, page 19, APPENDIX A: Board Member Karr asked that the word "Ex- Parte" be written the same way throughout the document, and the Board went with "Ex. Parte (with the hyphen), as in the section heading, and not as written on the first line. Draft Bylaws, page 23, APENDIX B: It was decided that "APENDIX B" should say "APPENDIX B". Draft Bylaws, page 23, APENDIX B.: Under the item listed as 2. PERSONAL KNOWLEDGE, it was decided that the last "and" on the fourth line of this section, should instead be "an". Draft Bylaws, page 25, APPENDIX C: It was also decided that "APENDIX C' should say "APPENDIX C'. Draft Bylaws, page 26, APENDIX C.: Under the item listed as 2. BASIS FOR BOARD DECISION MAKING, c. i. - Board Member Carl Stephens, Jr. suggested adding a period after the words "...upon relevant principles ". The rest of that sentence should be deleted. . .. .' MINUTES PLANNING & ZONING BOARD/LPA REGULAR MEETING - JULY I, 1998 PAGE40F8 Draft Bylaws, last (unnumbered) page: Mr. Grimms was asked if there was a sub section "c" after the "b" sub section, in the section labeled as 4. QUALIFICATIONS OF CITY STAFF. Mr. Grimms was then asked to check on this. The Board and Attorney Guthrie then further discussed the Draft Bylaws/Rules of Procedure, referencing Attorney Guthrie's Memorandum. Attorney Robert Guthrie - Bylaws Memorandum, page 23/ Draft Bylaws, last (unnumbered) page: Regarding the sub section labeled as d. "QUALIFYING A WITNESS AS AN EXPERT" . there was discussion as to replacing the word "Board" with the word "Chair", as in sub sections i. - iv. Attorney Robert Guthrie - Bylaws Memorandum, page 13/ Draft Bylaws, page 14: There was discussion about item 7.4/8.4. Chairman Fernandez explained to Attorney Guthrie about the blanket statement that he usually makes at meetings. Attorney Guthrie said that he would work on a more general language statement, which could be used at future Board Meetings. Attorney Robert Guthrie - Bylaws Memorandum, page 13/ Draft Bylaws, page 14/15: Attorney Guthrie spoke about a new item (possibly to be designated as number 11.), under section 7.5/8.5. This new item would say something to the effect of "The Board reserves the right to recall and reexamine any witness or inquire of Staff regarding any issue or document before the Board in the Public Hearing ". The Board agreed to this. Attorney Robert Guthrie - Bylaws Memorandum, page 14/ Draft Bylaws, page 16: Under item 8.119.1, item c, there was discussion about generalizing the time limits. The words "within a reasonable time ". were added, so this sentence now reads "To defer determination and decision until a specified special or regular meeting of the Board within a reasonable time ". Attorney Robert Guthrie - Bylaws Memorandum, page 15/ Draft Bylaws, page 17, ARTICLE XI: Under the section labeled as 10.1111.1, Attorney Guthrie suggested the following change to the end ofthe second sentence: "...a summary of the evidence introduce and relied on by the Board". This was agreed to by consensus of the Board. Attorney Robert Guthrie - Bylaws Memorandum, page 15/ Draft Bylaws, page 17, ARTICLE XI: Under the section labeled as 10.2, there was much discussion between the Board and Attorney Guthrie regarding the time frame for the delivery of minutes. With a consensus vote, the Board decided on "a reasonable time" instead of the verbiage "at least five (5) days ". .< < . MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING-JULY I, 1998 PAGESOF8 Attorney Robert Guthrie - Bylaws Memorandum, page 17/ Draft Bylaws, page 20, APPENDIX A: The following wording was suggested to be added to the section labeled as EX-PARTE CONTACT. By consensus of the Board, it was agreed that additional wording should be added to the last sentence, at the top of this page. The sentence would now read "Ex-Parte contacts may violate the Appearance of F aimess doctrine and due process of law requirements ". Attorney Robert Guthrie - Bylaws Memorandum, page 18/ Draft Bylaws, page 20, APPENDIX A: The following wording was suggested to be added to the end of the first sentence, in the section labeled PERSONAL INTEREST - "...bya land use decision, as defined in Chapter 112 of the Florida Statutes". Bya consensus vote of the Board, this was agreed to. Attorney Robert Guthrie - Bylaws Memorandum, page 18/ Draft Bylaws, page 20, APPENDIX A: The section labeled QUASI-JUDICIAL PROCEEDING was discussed. It was decided that this section would be further reviewed by the Board and Attorney Guthrie. Attorney Robert Guthrie - Bylaws Memorandum, page 19/ Draft Bylaws, page 21, APPENDIX A: The section labeled QUASI-JUDICIAL was discussed in depth by Attorney Guthrie. Chairman Fernandez stated for the record: "Quasi-Judicial requires due process of law, as a condition of the Board's actions". Chairman Fernandez stated that the additional changes in this section should be as follows: (a) If the Board's actions are Quasi-Judicial, then: i. all interested parties must be provided notice and hearing; iv. the Board's decision is policy application rather than policy setting. (c) Quasi-Judicial does not include comprehensive rezoning or comprehensive plan changes or land development affecting a large portion of the public generally. There was further discussion about where the most appropriate place in this document would be for these changes. With consensus of the Board, it was agreed that Mr. Grimms would bring the final decision back to the Board. . . " MINUTES PLANNING & ZONING BOARDlLPA REGULARMEETING-]ULY I, 1998 PAGE 6 OF 8 Attorney Robert Guthrie - Bylaws Memorandum, page 19/ Draft Bylaws, page 21, APPENDIX A: Under the section labeled "RELEVANCY" - at the suggestion of Board Member Karr, Attorney Guthrie said that the word "do" would bc replaced with the word "does ". Attorney Robert Guthrie - Bylaws Memorandum, page 19/ Draft Bylaws, page 22, APPENDIX A: Under the section labeled "THE RECORD", the words "A complete and understandable" should be deleted, The second sentence should now read "Maintaining the records required by law...". A consensus vote was in favor of this change, Attorney Robert Guthrie - Bylaws Memorandum, page 19-20/ Draft Bylaws, page 22, APPENDIX A: The last line should now read "Failure to maintain a record required by law can invalidate a Quasi-Judicial proceeding", By consensus of the Board this change was also agreed to, Attorney Robert Guthrie - Bylaws Memorandum, page 20/ Draft Bylaws, page 22, APPENDIX A: Under lhe section labeled "ZONING/COMPREHENSIVE PLAN RELATED MATTER", it was decided that the following words would be added to the end of this section - "".other site-specific development orders not involving an application ofpolicy". This change was agreed to by consensus of the Board. Attorney Robert Guthrie - Bylaws Memorandum, page 20/ Draft Bylaws, page 23, APENDIX B: Under the section labeled 1. "EX-PARTE COMMUNICATIONS", with consensus of the Board, it was decided that the following statement would be added following the words " ". are presumptively prejudicial because ": "such communications provide Board Members information that may be relied on in a decision outside of the public hearing, where such facts cannot be responded to or refuted by other participants in the public hearing process. The Florida Courts have declared Ex-Parte Communications inappropriate for Quasi-Judicial proceedings ", "As such:" There was discussion about "or any other third party" and whether discussions with Staff Members or City Commissioners should take place. AttorDl:y Robert Guthrie - Bylaws Memorandum, page 20/ Draft Bylaws, page 23, APENDIX B: Under the section labeled 1. "EX-PARTE COMMUNICATIONS", sub section (b) it was agreed with consensus of the Board, to use the word "discouraged" instead of "prohibited ", , . :;0-' MINUTES PLANNING & ZONING BOARD/LPA REGULAR MEETING - JULY I, 1998 PAGE70F8 Attorney Robert Guthrie - Bylaws Memorandum, page 21/ Draft Bylaws, page 23, APENDIX B: There was discussion about the content of the section labeled I. "EX-PARTE COMMUNICATIONS", sub section (d), It was decided that Attorney Guthrie would review the wording in this section, and with consensus of the Board, members agreed that Attorney Guthrie would send his changes back through Mr. Grimms, or in person. Attorney Robert Guthrie - Bylaws Memorandum, page 21/ Draft Bylaws, page 25, APENDIX C: There was much discussion about the content of the section labeled I. "BURDEN OF PROOF", sub section (b), Attorney Guthrie suggested the following additional language "consistent with the Comprehensive Plan and applicable regulations, The Board must make findings and conclusions from the record to support its' conclusion to approve or deny an application ", be stated after the words "",accomplishes a legitimate public purpose." " and the following words would be added to the beginning of the following parenthesis", "(hence the decision is not"".), By consensus of the Board, this change was agreed to, Attorney Robert Guthrie - Bylaws Memorandum, page 22/ Draft Bylaws, page 26, APENDIX C: There was discussion about the content of the section labeled I. "BURDEN OF PROOF", sub section (c), and Attorney Guthrie said that he would re-write this, The Board agreed that Attorney Guthrie would re-write this, and send the revised verbiage either directly or via Mr. Grimms, Attorney Robert Guthrie - Bylaws Memorandum, page 22/ Draft Bylaws, page 26, APENDIX C: There was considerable discussion about the wording and punctuation in the section labeled 2, "BASIS FOR BOARD DECISION MAKING", sub section (c) ii, It was decided that this sentence would now read as "The merits of an application must be supported by the facts and the Comprehensive Plan ", This revision was unanimously approved by all Board members, The Board thanked Attorney Guthrie for his numerous contributions, and advised him that he is more than welcome to attend future meetings, as his schedule permits, III. FUTURE AGENDA ITEMS . Discussion of the Draft Bylaws/Rules of Procedure/Appendix' for the P&Z BoardlLP A (preferably with Attorney Robert Guthrie) . Vice Chairman Brown asked that Mr. Grimms have a review of the EAR (especially for the benefit of new Board Member Clinch) regarding "What it is; how it works; the time schedule; and where we are on it" . Election of Officers . . :-" MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - JULY 1, 1998 PAGE80F8 . Vice Chairman Brown also asked Mr. Grimms to hold a review of the Comprehensive Plan regarding "What the Comp Plan is; when it was last established; if there are any plans in the future to do anything with the Comp Plan, which would affect us" - especially in consideration of the upcoming new Town Center There was brief discussion about whether the City's Fireworks Display was still scheduled for the 4th of July; and that the Planning and Zoning Board/LP A had decided to go with just one Board Meeting per month (to be held on the first Wednesday), Chairman Fernandez asked that the Deputy City Clerk provide the Board with an updated Board Member List. Vice Chairman Brown stated that he had attended meetings held at the City of Casselberry and the City of Longwood on the E,A.R, He said that "In my opinion, I think we've done a fine job, on what we've done; and I think Mr. Grimms, I think you deserve the credit -not us, because you kind of kept us in line on that - certainly appreciate that", Chairman Fernandez brought up the matter of the upcoming election of officers, and he asked each of the Board Members to mention any interest that they may have in either the Chairperson or Vice Chairperson positions, There was discussion by each of the Board Members regarding this matter, IV. ADJOURNMENT Chairman Fernandez adjourned the meeting at 9:37 p,m, Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City of Winter Springs, Florida APPROVED: WILLIAM W. FERNANDEZ, CHAIRMAN PLANNING & ZONING BOARDILPA DOCSlboards/planning/fy9798/minutes/070 1 98.doc