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HomeMy WebLinkAbout2000 09 13 Other CITY OF WINTER SPRINGS, FLORIDA 1126 EAST SlATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327.1800 Community Development Dept. Planning Division PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY, AGENDA ITEM I. APPROVAL OF THE JULY 5, 2000 P& Z BOARD I ILPA MINUTES Submitted by: Debbie Gillespie Deputy Assistant City Clerk CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUL Y 5, 2000 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, July 5, 2000, at 7:00 p.m. by Chairman Carl Stephens, Jr., 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 Chairman Carl Stephens, Jr., present Vice Chairman Marc Clinch, present Board Member Tom Brown, present Board Member Bill Fernandez, present Board Member Rosanne Karr, arrived at 7:05 p.m. Also Present Mr. Ronald W. McLemore, City Manager arrived at 7:20 p.m. Mr. Thomas Grimms, AICP, Comprehensive PlaIminglZoning Coordinator Approval Of The May 17, 2000, Special Meeting; June 7, 2000, Regular Meeting and June 14, 2000 Special Meeting of the Planning And Zoning Board/Local Planning Agency Minutes Board Member Bill Fernandez requested that Chairman Stephens discuss, at some time during the meeting, the approval of minutes by mail. MOTION BY BOARD MEMBER FERNANDEZ. "I MOVE THAT WE APPROVE THE MINUTES AS CmCULATED THAT WE RECEIVED IN THE MAlL. THOSE MINUTES BEING FOR THE ME,ETING OF MAY 17, JUNE 7, AND JUNE 14,2000." BOARD MEMBER BROWN SECONDED. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED, AS DOCUMENTED. .:. .:. CITY (JI' WINTI-:J{ SPRINGS MIN\JIl~S PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGUI.AR MI'J:TIN(j - JUL Y 5,2000 PAGE 2 OF 6 II. REGULAR AGENDA A. Proposed Ordinance 2000-19 To Repeal Section 20-26 Of The City Code Certain Zoning Ordinances Are Considered Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator informed the Board that this was discussed by the City Commission as Regular Agenda Item "I" on June 12, 2000; the City Attorney requested that this Agenda Item be brought before the Board formally for a recommendation; and that Chairman Stephens had appeared before the Commission and presented a letter, dated June 12,2000, regarding this issue. Board Member Roseanne Karr arrived at 7:05 p.m. Mr. Grimms informed the Board that the City "Can develop, as a Municipality, additional rules and regulations above and beyond the Florida Statutes and the Florida Administrative Code but we cannot fall below those requirements". Discussion ensued regarding that the Ordinance should be amended to contain "If the City Ordinances be altered, changed or amended that the City Commission shall follow the Florida Statutes and procedures as it relates to such alterations, change or amendment"; and that the Ordinance should refer to Chapter 166 - Public Notice, of the Florida Statutes. MOTION BY BOARD MEMBER FERNANDEZ. "MY MOTION IS TO RECOMMEND THIS ORDINANCE TO THE CITY COMMISSION WITH THAT AMENDMENT OR MODIFICATION TO WIT THAT IT INCLUDE A REFERENCE IN THE FIRST PART THAT WAS STRUCK OUT ON PAGE TWO (2) OF THREE (3) THAT WHEN IT IS RECOMMENDED TO BE ALTERED, CHANGED OR AMENDED THE CITY COMMISSION SHALL FOLLOW THE FLORIDA STATE LAW, AND WHETHER OR NOT THE CITY ATTORNEY WANTS TO PUT A SPECIFIC REFERENCE TO A SPECIFIC STATUTE OR TO A CHAPTER OF FLORIDA STATUTES, I LEAVE IT UP TO THE CITY A TTORNEY AND THE PROCEDURE AS IT RELA TES TO SUCH ALTERATION, CHANGE, OR AMENDMENT. TRAT IS MY MOTION." Mr. Grimms stated "Mr. Chairman just one last comment for the record. I made my comments with the understanding that this would be struck out. As presently stated it does elude to what Board Member Fernandez has said, making reference to Chapter 163 of the Florida Statutes and so forth, procedural requirements." BOARD MEMBER BROWN SECONDED. DISCUSSION. v CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JlJL Y 5,2000 PAGE 3 OF 6 VOTE: VICE CHAIRMAN CLINCH: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS, JR.: AYE MOTION CARRIED. III. ACTION ITEMS Mr. Grimms stated "If I could back up once here, Mr. Chairman, Members of the Board, I do stand corrected here." He read the following from page 1205 of the City Code: "(f) Procedures for rezoning changes affecting official zoning map. In accordance with the provisions of this ordinance and F.S. 166.041 and 163.3181(3) as they are now existing or as they may be renumbered or amended, if changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map pursuant to the procedures contained in this chapter." A. EAR-Based Plan Amendment Report Mr. Grimms explained to the Board that half of the report has been completed and the report will be presented to the Board in the near future. Mr. Grimms also requested feedback as to how the Board wanted the report presented. The Board agreed by consensus to review the EAR-Based Plan Amendment Report by sections. B. Topic List The Topic List will be incorporated by Mr. Grimms and be brought back before the Board at a future meeting. Board Member Tom Brown informed the Board that he would keep his copy updated. C. By-Laws The City Attorney is reviewing the Ex-Parte Communications and Quasi Judicial sections of the By-Laws, as reported to the Board by Mr. Grimms. D. Letter To City Manager On Board's Role On Annexation Mr. Grimms informed the Board that he spoke to the City Manager and a response to their letter will be forthcoming. CITY OF WINTER SPRINGS MINU'!1oS PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JULY 5, 2000 PAGE40F6 The Board discussed that the City Manager was going to try to attend this evening's meeting; and that a new letter should be sent. MOTION BY BOARD MEMBER BROWN. "I'LL MAKE A MOTION THAT WE SEND HIM A PROPER NEW LETTER ASKING HIM TO COME OUT FOR GENERAL QUESTIONS, WHICH HE HAS DONE BEFORE, HE HAS COME TO OTHER BOARDS, HE HAS COME HERE TO US, FOR ANY GENERAL QUESTIONS AND OF COURSE THE ROLE OF ANNEXATION BEING THE MAJOR ITEM IN THE LETTER. I'LL MAKE 1fHA T MOTION." BOARD MEMBER KARR SECONDED. DISCUSSION. Discussion followed regarding the letter~ the role of th~: Chairman~ the Sunshine Law~ and that the intent of the letter is to request a legal opinion from the City Attorney as to State and City law as it deals with the Planning and Zoning's role in annexati.on. Discussion. Mr. Ronald W McLemore, City Manager arrived at 7:20 p.m. BOARD MEMBER BROWN WITHDREW HIS MOTION AND BOARD MEMBER KARR WITHDREW HER SECOND. MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIRMAN, I WOULD LIKE TO MAKE A MOTION THAT WE AMEND OUR AGENDA TO ALLOW THE CITY MANAGER AN OPPORTUNITY, SINCE HE IS HERE TIDS EVENING, TO EXPRESS ANY COMMENTS ABOUT WHETHER OR NOT HE WANTS THE CITY ATTORNEY TO DO THIS AND SO ON AND SO FORTH." BOARD MEMBER BROWN SECONDED. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION PASSED. Mr. Ronald W. Mclemore, City Manager informed the Board he had spoken with the City Attorney after receiving their letter, and that he was under the impression that the City Attorney did indeed appear recently before this Board. The Board acknowledged that the City Attorney had met with the Board, but it was in regards to the By-laws. The Board discussed with Mr. McLemore whether the City Attorney will be requested to attend the next meeting; the Board's role regarding annexations; and the Board "being given the heads up" regarding annexations prior to the public. Mr. McLemore spoke to the Board regarding the Comprehensive Plan; that in the Comprehensive Plan there should be polices regarding almexations; and the various ways the Board is presently involved in annexations. CITY OF WINTER SPRINGS MINLJIl~S PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUL Y 5,2000 PAGE50F6 Discussion ensued regarding property owners being infOImed of zoning procedures and policies; the Board being notified of annexation applications; matters being brought before the Board for informational purposes; the change of zoning through annexation; an annexation chart Mr. Grimms showed the Board in the past; fringe area studies; and the City being able to negotiate with property owners for annexation. IV. FUTURE AGENDA ITEMS The Board discussed a hand out distributed by Board Member Fernandez regarding the Sunshine Law; that the minutes should not be approved by mail because it appears to be against the Sunshine Law; the time frame of Agendas going before the City Commission; whether the Board should hold Special Meetings to have Minutes approved; that the City Attorney should review the hand out; and whether the Board will be reviewing -the Comprehensive Plan and/or annexation polices within the Comprehensive Plan, which will be in the Ear-Based Plan Amendment. Tope I/Side 8 The Board requested that Mr. Grimms get them a copy of the County's zomng classifications; and to bring the zoning and annexation maps to the next meeting. Discussion ensued that the City Commission, at this time, has not made any reappointments to this Board; State Road 434 Corridor Redevelopment; the New Development Overlay Zoning District Regulations; and the Sign Ordinance. Board Member Marc Clinch presented Chairman Carl Stephens a plaque, on behalf of the Board, for their appreciation of his service as Chairman the past year. Chairman Stephens thanked the Board. The Board discussed the procedure for appointments to the Board. V. ADJOURNMENT MOTION BY BOARD MEMBER BROWN. "I MOVE THAT WE ADJOURN." BOARD MEMBER FERNANDEZ SECONDED. THE BOARD AGREED BY CONSENSUS. Chairman Stephens adjourned the meeting at 8:12 p.m. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUL Y 5. 2000 PAGE60F6 Minutes Respectfully Submitted by: Debbie Gillespie. City Clerk's Office City of Winter Springs, Florida APPROVED: CARL STEPHENS, JR., CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These minutes were approved at the , 2000 Planning And Zoning 8oardfLocal Planning Agency Meeting, S:\City Clerk\Docs\ W ord\BOARDS\PLANNJNG\a1ll\MIN\.JrES\20oo\P&Z070500.doc ,<i \ ~n1.: It>'-, /, '" .-.--..., ~~ ,. . /,J.':,' ''', " ,,,'/1.,\,...' ,1"1 \". (t'(' ;\ 'r~-:" )11 \ U , : -',' . (f) \. \I~"'I'."""'?\ \;, . \ '\. I ~5'1 ...) , , ",.";:'. ----.. -. - 1>-/ ~/ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800