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HomeMy WebLinkAbout1998 09 02 Other MINUTES PLANNING AND ZONING BOARDILPA AUGUST 5,1998 - REGULAR MEETING I. CALL TO ORDER Pledge Of Allegiance The Planning and Zoning BoardlLPA meeting was called to order Wednesday, August 5, 1998 at 7:01 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, AlCP, Comprehensive Planning/Zoning Coordinator Approval Of The July 1, 1998 Planning & Zoning BoardlLPA Regular Meeting Minutes Chairman Bill Fernandez stated that on page 2 of the July 1, 1998 minutes, under the section noted as Draft Bylaws, page 10, 5.3: the word "saying" in the last line of the paragraph, should actually be the word "same". Motion by Rosanne Karr. Seconded by Tom Brown. It was agreed that with the above revision to the minutes, that the motion to adopt the minutes of July 1, 1998 was approved by consensus of the Board. Motion passed. II. REGULAR AGENDA A. Election of Officers Board Member Rosanne Karr nominated Tom Brown for Chairman, and Carl Stephens, Jr. for Vice-Chairman. Seconded by Marc Clinch. Vote: Vote: Bill Fer.nandez: aye; Tom Brown: aye; Carl Stephens, Jr.: aye; Marc Clinch: aye; Rosanne Karr: aye. Motion passed. Outgoing Chairman briefly thanked the Board for the opportunity of chairing this Board, of which he very much enjoyed the opportunity. He then turned over the meeting to the new Chairman, Tom Brown. MINUTES PLANNING & ZONING BOARD/LPA REGULAR MEETING -AUGUST 5.1998 PAGE20F7 Newly Elected Chairman Tom Brown first thanked the Board for selecting him as Chairman, and he briefly addressed some of the upcoming issues that this Board will be dealing with over the next year. He then thanked previous Chairman Bill Fernandez for the excellent service that he brought to this Board as Chairman. Board Member Karr also spoke on the excellent legal expertise that Bill Fernandez shared with the Board. B. Discussion with Attorney Robert Guthrie on the Draft Bylaws/Rules of Procedure for the Planning & Zoning BoardlLP A. As Attorney Guthrie was unable to attend this meeting, the Board brought up a few comments about the Draft BylawslRules of Procedure, as listed in the July 28, 1998 version, that they wanted to be revised. Draft Bylaws, page 2, 1.1.e.: This section should recognize Appendix A, B, and C. Draft Bylaws, page 10, 5.3.2: The word "saying" should be "same". Draft Bylaws, page 10, 5.3.2: There was discussion about the word "ex-parte" (and "qllasi-jlldiciaf'). Each phrase should be lower case with a hyphen, throughout the entire document. Draft Bylaws, page 17, ARTICLE X: Under this section "NOTIFICATION OF DECISION", the eighth word on the first line of this section should be "Board's" not "Board=s". Draft Bylaws, page 20, APPENDIX A: Under the item "CASE", the second last word in this section should be "Board's" not "Board=s". Draft Bylaws, page 21, APPENDIX A: Under the item "EX-PARTE", the second (duplicated) sentence "Ex-Parte contacts may violate the Appearance of Fairness doctrine. " should be deleted. Draft Bylaws, page 21, APPENDIX A: Under the section "QUASI-JUDICIAL PROCEEDING", Attorney Guthrie was to work on a language change to the second sentence - and the word "differs" should instead be something like "is distinguished ji " rom. MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - AUGUST 5. 1998 PAGE30F7 Draft Bylaws, page 22, APPENDIX A: Under the item "QUASI-JUDICIAL", the following words "requires due process of law as a condition of the Board's actions" should replace "is required by the essential nature of the Board's actions", which is the current wording. Draft Bylaws, page 22, APPENDIX A: Under the item "QUASI-JUDICIAL", (c) the word "generally." should be added to the very end of this section. Draft Bylaws, page 24, APPENDIX B: Under section 1. EX-PARTE COMMUNICATIONS - in the last sentence, beginning with the words "The Florida courts have declared Ex-Part"...there should be an "e" added to the word "Ex-Part", making it "Ex-Parte". Draft Bylaws, page 25, APPENDIX B: Under the section I.d., the sentence should begin with the words "Other than at public meetings, ... ". Draft Bylaws, page 26, APPENDIX C: Section I.b. should instead read as follows: "Upon showing by the landowner, the burden shifts to any opponent of the applicant, including the City to. demonstrate that maintaining the existing zoning/land use classification with respect to the property accomplishes a legitimate public purpose and is consistent with the Comprehensive Plan and applicable regulations, hence, the decision is not arbitrary, discriminatory or unreasonable". Draft Bylaws, page 26, APPENDIX C: Section 1.c. should begin as follows: "After such a supportable showing to the Board,...". Draft Bylaws, page 27, APPENDIX C: The paragraph after a. and before c. - should be indented and identified as b. (and it should begin as follows: "The Board must have before it. .. "). Draft Bylaws, page 27, APPENDIX C: The section to be indented and identified as b. should have the word "the" inserted after "in accord with". Draft Bylaws, page 28, APPENDIX C: Section 3.d. should have the word "Chair" replace the word "Board". Draft Bylaws, page 28, APPENDIX C: Section 3.d.i. should also have the word "Chair" replacing the word "Board". Draft Bylaws, page 28, APPENDIX C: Section 3.d.ii. should again have the word "Chair" replacing the word "Board". MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - AUGUST 5, 1998 PAGE40F7 "I'll move that we incorporate those amendments and changes so that we'll have another draft to have the Attorney make his final input". Motion By Bill Fernandez. Draft Bylaws, page 15, 8.4.: Board Member Karr suggested that quotation marks be placed around the following: "Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?" Second to the Motion by Carl Stephens. Discussion. With consensus of the Board, the Motion was passed. C. Review of the Evaluation and Appraisal Report (EAR) There was discussion about the findings that Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator and Chairman Brown had recently discussed, and Chairman Brown hoped that all Board Members could be given a copy of what was handed out at Monday's Commission Meeting. Chairman Tom Brown also asked that the Board's newest member Marc Clinch receive a copy of the Evaluation and Appraisal Report (EAR). Chairman Brown briefly spoke of the "teamwork attitude" that he hoped this Board would embrace. Mr. GriIpItlS then gave a brief review of the Evaluation and Appraisal Report (EAR), stating that it could be viewed "as an audit, a monitoring device, to see how well a jurisdiction has instituted, implemented his Comprehensive Plan, in terms of objectives and policies." He further said that it is reviewed every five years, which may change in the future. Mr. Grimms also stated that he felt that the Comprehensive Plan should in fact be changed to reflect the current outlook of the City, especially in terms of the City's [mancial services capability. He further elaborated on the changes required by Chapter 163 of the Administrative Code (913), and mentioned some of the applicable dates that involve the adoption of small-scale and large-scale Comprehensive Plan changes, as pertaining to the adoption of the Evaluation and Appraisal Report (EAR). Mr. Grimms briefly addressed the possibility of rewriting the entire Comprehensive Plan, which would be quite an extensive project. There was brief discussion about Battle Ridge - if anyone had filed an objection, and how the Board would like some information on the size of the planned sidewalks along with a general update on other items of interest involving the new Town Center. MINUTES PLANNING & ZONING 80ARDILPA REGULAR MEETING - AUGUST 5, 1998 PAGE 5 OF7 D. Review of the Comprehensive Plan Board Member Marc Clinch asked if it was the consensus of the City Commission to amend the Comprehensive Plan? Mr. Grimms stated that it was generally agreed that some changes (especially involving applicable dates) should be made, and he further elaborated on certain changes that may need to be made over the next year. There was further discussion about the status of the new Town Center, and rewriting the Recreation portion of the Comprehensive Plan. Board Member Fernandez mentioned that Parks and Recreation Director, Brook Sealls had stated that he would make any necessary changes to the Evaluation and Appraisal Report (EAR). The same concept also applies to updating the Traffic Circulation portion of this report. Board Member Fernandez also suggested that the minutes from past meetings that pertained to discussions with Fred Goodroe (regarding sewage, etc.) should be given to new Board Member Clinch to further inform him of past discussions. Mr. Grimms agreed that the last two sections and the recommendations should be of great interest to Board Member Clinch. It was agreed that Brook Sealls, Director of the Parks and Recreation Department; Terry Zaudtke, Engineer/Consultant with Conklin, Porter & Holmes; Don LeBlanc, Land Development Coordinator; and Kip Lockcuff, Director of Utility/Public Works Department all attend a future meeting, starting in September to address each department's changes to the Comprehensive Plan; and if it necessary, each of the Department Heads could attend still another meeting, should that be necessary. Board Member Karr asked Mr. Grimms if our Comprehensive Plan should be coordinated with other cities, such as Casselberry and Oviedo. Mr. Grimms stated that we should be doing this, and that through the intergovernmental coordination element, it is being somewhat achieved. There was discussion about the dates involved with the City's Comprehensive Plan, and setting applicable "goals and objectives". III. FUTURE AGENDA ITEMS . Brook Sealls, Director, Parks and Recreation Department to discuss his portion of the Evaluation and Appraisal Report (EAR). . To have Mr. Charles C. Carrington, AlCP, Community Development Director, and Mr. Grimms address the Board with their recommendations of what the Board should address first, in regards to revisions to the Comprehensive Plan and the Evaluation and Appraisal Report (EAR). MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETING - AUGUST 5. 1998 PAGE60F7 . To have the most current concepts for the new Town Center, presented to the Board, as soon as possible - preferably at the September or October meeting. Mr. Grimms said that he would need to check with Mr. Carrington about this, but that he would most likely be able to do such a presentation. . Update from Kip Lockcuff on the current status of the computerized land-use map for the Commission Chambers and individual CD-ROM's for Board Members . Update on the City Trails System from Brook Sealls, Parks and Recreation Department There was further discussion about annexation and the Joint Planning Area, and the involvement of both the City of Oviedo and Seminole County. Mr. Grimms then showed the Board several plans involving the Joint Planning Area. Board Member Fernandez asked about any upcoming representation from Mr. Grimms regarding site-specific amendments by applicants for the September meeting, if applicable; but Mr. Grimms said that he currently knew of nothing. There was discussion about Discount Auto, Cash N'Carry, and Courtney Apartments. Board Member Stephens asked about the amount of land that can still be developed within the City, and controlled burning within city limits. Board Member Fernandez asked about the City's record keeping procedures, and Mr. Grimms briefly elaborated on the City Manager's Record Management Program. Board Member Fernandez also asked about the current status of any city planning for city trails. Mr. Grimms briefly explained the current status, and explained that Brook Sealls would be the contact for such a program. The Board asked if they could be informed about any upcoming seminars or training that would be applicable to them. Mr. Grimms mentioned the Florida Planning and Zoning Convention, to be held in Orlando this October, and suggested that all Board Members try to attend this Convention. Board Member Stephens spoke about the many excellent contributions that previous Chairman Bill Fernandez gave to this Board. There was further discussion as to where the Board Members should sit on the dais, during meetings. MINUTES PLANNING & ZONING BOARDILPA REGULAR MEETlNG- AUGUST 5,1998 PAGE 7 OF 7 IV. ADJOURNMENT Chairman Brown adjourned the meeting at 8:47 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City of Winter Springs, Florida APPROVED: TOM BROWN, CHAIRMAN PLANNING & ZONING BOARDILPA DOCSlboardslplanninglfy9798/minutes/080598.doc