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Home My WebLink About2000 10 25 Unapproved Regular Minutes of October 4, 2000 CITY OF WINTER SPRINGS . MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 4,2000 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, October 4, 2000, at 7:03 p.m. by Chairman Carl Stephens, Jr., in the Commission Cham~ers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call Chairman Carl Stephens, Jr., present Board Member Tom Brown, present Board Member Bill Fernandez, present Board Member Brent Gregory, present Board Member Rosanne Karr, present Also Present Mr. Anthony Garganese, City Attorney, arrived at 7:06 p.m. Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator, addressed the Members of the Planning & Zoning Board via telephone conferencing at 7:48 p.m. Approval Of The September 13, 2000 Regular Meeting of the Planning And Zoning Board/Local Planning Agency Minutes. MOTIO~ BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I HAVE HAD AN OPPORTUNITY TO REVIEW THESE MINUTES AS DISTRIBUTED TO US IN ADVANCE OF THE MEETING, I FOUND THEM TO BE ACCURATE AND CORRECT AND I MOVE THAT THEY BE ADOPTED AS CIRCULATED." AMENDED BY BOARD MEMBER GREGORY. "I HAVE ONE COMMENT, THERE IS - I BELIEVE A CORRECTION ON THE THIRD PAGE OF THE MINUTES UNDER ITEM 'C'. TELECORP, THE FOURTH LINE DOWN SHOULD READ 'THIS IS FUTURE LAND USE DESIGNATION FROM SEMINOLE COUNTY'S DESIGNATION OF COMMERCIAL TO THE CITY'S DESIGNATION OF 'GREENEW A Y INTERCHANGE ZONING DISTRICT'." SECONDED BY BOARD MEMBER KARR. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. City Attorney Anthony A. Gargan ese, arrived at 7:06 p.m. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2000 PAGE20FR II. REGULAR AGENDA A. Annual Election Of Chairman, Vice-Chairman BOARD MEMBER BROWN STATED "MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION THAT WE NOMINATE ROSANNE KARR TO SERVE AS CHAIRMAN." SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS: AYE BOARD MEMBER GREGORY: AYE MOTION CARRIED. BOARD MEMBER BROWN STATED "MR. CHAIRMAN, I'D LIKE TO NOMINATE BILL FERNANDEZ AS THE VICE CHAIRMAN." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. VOTE: BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS: AYE BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. B. Discussion With City Attorney On By-laws, Annexation The Board discussed whether there is any requirement, in the State Law, City Charter, Code of Ordinances, that the annexations must come before the Local Planning Agency. City Attorney Anthony A. Garganese informed the Board that he has researched the Board's role in annexations and although he has not completed his written opinion, he would share his research with the Board. Mr. Garganese spoke of Chapter 171, the Annexation Statute, does not specifically require that annexations go before the Planning and Zoning Board or Land Planning Agency; of other cities various policies; zoning district boundaries; and geographical boundaries. Board Member Tom Brown stated "I just want to go on the record to support Mr. Fernandez's feelings on the annexation." CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2000 PAGE30FR The Board discussed with Attorney Garganese that the Board could petition the City Commission to consider an Ordinance change requiring annexation applications to come before the Board. Board Member Brown stated "For the record, we had asked at the time if we could do that." Discussion continued regarding petitioning the Commission; whether Section 20-26. was repealed; and that the City Manager will infonn the City Commission of the Planning and Zoning Board's request to have a "Get together to exchange ideas and have meaningful discussions. " MOTION BY BOARD MEMBER FERNANDEZ. "I'LL MAKE THAT MOTION THAT WE REQUEST THE CITY ATTORNEY TO NOTIFY THE CITY COMMISSION THAT WE ARE REQUESTING, AND I DON'T KNOW THE TERMINOLOGY, A FORUM, A GET TOGETHER, A WORKSHOP, A PUBLIC MEETING, BETWEEN THE CITY COMMISSION AND THE PLANNING AND ZONING BOARD, SPECIFICALLY TO DISCUSS THE ANNEXATION, OUR ROLE IN ANNEXATION." SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS: AYE BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER FERNANDEZ: AYE MOTION CARRIED. The Board discussed that in the past Board Members attended and spoke at City Commission meetings; serving on City's Boards and Committees; how the members were chosen for the City's Charter Review Committee; submitting position paper to the Charter Review Committee; the quasi-judicial portion of the Board's By-laws; and the history of the By-laws being reviewed. Board Member Brown stated "It is the last part of our By-laws that were submitted that were in question but I got that infonnation, I just want it on the record that I promised you I was going to get it for you, I got it and I gave it to Mr. Grimms." The Board continued to discuss the by-laws with the City Attorney. Board Member Brown spoke of Mr. Grimms efforts and stated "For the record again, he is carrying around an awful lot." Mr. Thomas Grimms" AlCP, Comprehensive Planning/Zoning Coordinator addressed members of the Planning and Zoning Board via telephone conferencing. at 7:48 p.m. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2000 PAGE 4 OF 8 Discussion ensued on the Charter Review Committee, and Board Member Brown commented about Judge Tom Freemen and stated "Tom is a dedicated person but I just wanted that for the record." The Board discussed serving in multiple seats. C. Proposed Revisions To Ordinance 587 Concerning Procedures For Review And Adoption Of Comprehensive Plan Amendment ( SS-CP A-2- 2000) Mr. Garganese informed the Board that he would answer any question on this matter; he recommended it to the City that it be brought through the proper channels for recommendation by this Board and approval by the City Commission. He spoke of the Ordinance comingbefore the Board for two reason: there have been several amendments to Chapter 163, the Comprehensive Planning Procedures, since Ordinance 587 was adopted; and the Mayor's desire to streamline the permit process. Mr. Garganese spoke of the Ordinance allowing more flexibility to help streamline the Comprehensive Planning process and in his view it could get streamlined as much as sixty days in some instances, which would benefit the City and Property Owners. Discussion ensued regarding the Board's desire to make Land Development Regulations "user friendly"; the "average person" not knowing Florida Statutes; the City needing to comply with the Florida Statutes regarding advertisements requirements; newsletters; that Comprehensive Planning Amendments require the Planning and Zoning Board hold at least one public meeting; and better definition of the deadline requirements. Mr. Garganese reviewed the Large Scale Comprehensive Plan Amendment application process and time frame for the Board. MOTION BY BOARD MEMBER FERNANDEZ. "I MAKE A MOTION THAT WE RECOMMEND THE CITY COMMISSION THE ADOPTION OF THIS ORDINANCE 2000-28 AMENDING ORDINANCE 587 AND THE CITY COMMISSION GIVE DUE CONSIDERATION TO MAKING THIS ORDINANCE A LITTLE BIT USER FRIENDLY AND SPECIFICALLY, AS I REFERENCED OR SIGHTED IN SECTION 15:33 D., INSTEAD OF SIMPLY SA YING UNDER THE CONDITIONS PROVIDED BY LAW AND AS TO THE EFFECTED DATE 15:43 INSTEAD OF REFERRING TO EFFECTIVE DATE AS PROVIDED BY FLORIDA LAW, THAT BE A LITTLE MORE IN DETAIL OR AT LEAST SIGHTING A FLORIDA STATUTE AS AMENDED AND UPDATED, AND FURTHER, THAT UNDER 15:32 THAT THE SPRING SUBMITTAL AND THE FALL SUBMITTAL HAVE A DROP DEAD DATE IN SO FAR AS STAFF GETTING IT TO THE PLANNING & ZONING BOARD OR LOCAL PLANNING AGENCY SO THAT WE HAVE SUFFICIENT TIME TO CONSIDER IT, THOUGHTFUL CONSIDERATION AND MAKE OUR RECOMMENDATIONS BEFORE THE CITY COMMISSION HAS TO ACT ON IT AND THAT IS MY MOTION." SECONDED BY BOARD MEMBER KARR. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4,2000 PAGE50F8 VOTE: CHAIRMAN STEPHENS: AYE BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. D. Carroll Small Scale Comprehensive Plan Amendment (SS-CPA-2-2000) Mr. Grimms spoke.of Mr. Carroll requesting to be annexed into the City as a Commercial designation (C-l); of the Staff Analysis; and the Staffs recommendation. The Board discussed the Local Planning Agency needing to recommend with a finding of fact; whether the Board has any "lead way or discretion in this matter"; the legal description of the land; and the GreeneWay State Road 434 Small Area Study. Discussion continued regarding whether Mr. Grimms had received a response from the Seminole County or the City of Oviedo; the location of the property; that the Small Scale Comprehensive Plan Amendment, annexation and re-zoning is being done concurrently; and Board Member Fernandez and Board Member Brown expressed their opinion on the Board's role in annexations. Debra Pierre, the City oJOviedo, 400 Alexandria Boulevard, Oviedo, Florida: presented copies and read portion of a letter addressed to City Manager Ronald W. McLemore, stating the City of Oviedo's position. Mr. Grimms spoke of the City not having a Joint Planning Agreement with the City of Oviedo; the location and boundaries of the Black Hammock Community; and the Board needing to- state finding of fact in their recommendation. MOTION BY BOARD MEMBER BROWN. "MR. CHAIR, I'D LIKE TO MAKE A MOTION THAT WE DON'T MAKE ANY RECOMMENDATION ONE WAY OR THE OTHER INVOLVED SINCE THE PROPERTY IS NOT PART OF THE CITY OF WINTER SPRINGS AT THE PRESENT TIME." SECONDED BY BOARD MEMBER KARR. DISCUSSION. Board Member Fernandez stated for the record, "If the City does not want my input on annexation why ask me to consider a piece of property that is not even in the City of Winter Springs, until it is." BOARD MEMBER KARR STATED "I'LL WITHDRAW MY SECOND." CITY OF WINTER SPRINGS MINUTES PL^NNING ^NO ZONING BO^Rn/LOCAL PL^NNING ^GENCY REGUL^R MEETING - OCTOBER 4, 2000 P^GE60F8 BOARD MEMBER BROWN STATED "I'LL WITHDRAW THE MOTION AND FOLLOW THE PROCESS THAT HAS BEEN ADVISED TO ME BY THE CITY ATTORNEY." BY UNANIMOUS CONSENT OF THE BOARD, THE MOTION AND SECOND WERE WITHDRAWN. MOTION BY BOARD MEMBER FERNANDEZ. "AND AT THIS TIME MR. CHAIR I'D MAKE A MOTION THAT WE TABLE THIS MATTER UNTIL STAFF CAN DEVELOP FURTHER INFORMATION FROM THE COUNTY, TONY, DEAL WITH DEBRA PIERRE AND THE CITY OF OVIEDO AND RESOLVE SOME OF THESE MATTERS AND BRING IT BACK TO US AT OUR NEXT REGULARLY SCHEDULED MEETING." SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER GREGORY: NAY BOARD MEMBER BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS: AYE MOTION CARRIED. The Board discussed whether the Carroll property would consider another zoning classification; the role of the Board in making recommendations; Florida Statute not requiring surrounding property owners being notified; whether making a recommendation could be contingent upon the property being annexed; and having the City Attorney present at meetings. E. - Carroll Rezoning (REZ-2-2000) MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I WOULD MAKE A MOTION THAT WE ALSO TABLE THE CARROLL REZONING (REZ-2-2000) FOR STAFF TO CONSIDER ANY INPUT FROM SEMINOLE COUNTY AS WELL AS THE LETTER FROM THE CITY OF OVIEDO, DATED OCTOBER 4, 2000 AND ANY ADDITIONAL INFORMATION THAT MR. GRIMMS AND MS. PIERRE CARE TO DISCUSS AND BRING BACK TO US AT OUR NEXT REGULARLY SCHEDULED MEETING." SECONDED BY BOARD MEMBER BROWN. DISCUSSION. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING UOAIW/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4. 2000 PAGE70F8 VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS: AYE BOARD MEMBER GREGORY: AYE MOTION CARRIED. The Board would like to know, at the next meeting whether the Carroll's would consider another zoning classification other than commercial. III. ACTION ITEMS A. County Zoning Classifications MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I RECOMMEND THAT WE DELAY CONSIDERATION OF THIS ZONING AND LAND USE TABLE, SEMINOLE COUNTY'S LAND USE TABLE UNTIL MR. GRIMMS CAN BE PHYSICALLY PRESENT AND WE CAN DISCUSS IT AT THAT TIME." SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS: AYE BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS . Large Scale Comprehensive Plan Amendment . Traffic Circulation . Elizabeth Morse Foundation Property Mr. Grimms suggested a Special Meeting be held on October 25, 2000. Discussion ensued regarding a seminar on Land Use Law Update; action items for the future, such as Land Development Regulations and the Topical Index; and Mr. Grimms updated the Board on the Annexation Rep0l1. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2000 PAGE80F8 Board Member Fernandez requested the City Clerk's Office make copies of a letter and distribute them to Mr. Grimms and the rest of the Board Members. Mr. Grimms and Attorney Garganese were thanked by Board Member Brown for being at the meeting. V. ADJOURNMENT MOTION BY BOARD MEMBER FERNANDEZ. ADJOURN AT 9:06 P.M. ON OCTOBER 4, 2000." "I MOVE THAT WE Chairman Stephens adjourned the meeting at 9:06 p.m. Minutes Respectfully Submitted by: Debbie Gillespie, Assistant to the City Clerk 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 Board/Local Planning Agency Meeting. S:\City Clcrk\Docs\ Word\BOA RDS\PLANN ING\alll\M IN UTES\2000\P&Z I 00400.doc