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Home My WebLink About2005 12 14 Public Hearing 200 Public Hearings "200" CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager Memorandum To: Mayor and Commission From: Ronald W. McLemore, City Manager r-- Date: 12/12/2005 Re: Complaint Against Planning Commission -:- Please find attached a complaint I received December 9, 2005 from Rebecca Furman of Lowndes, Drosdick, Doster, Kantor and Reed, P.A. on behalf of Keewin Real Property Company. The complaint involves specifically the actions of Roseanne Karr regarding alleged prejudicial statements against her clients at the December 6, 2005 Planning Commission meeting, more specifically described in Ms. Furman's letter attached hereto. There are three problems with Ms. Karr's alleged action as follows: 1. Every applicant is entitled to a fair hearing on the merits of their proposal before the Planning Commission. Ms. Karr's alleged statements are contrary to that basic element of fairness, and process of law. 2. The Planning Commission is charged with the responsibility of providing the City Commission with an advisory opinion from which to make a final decision. In order for the Planning Commission to perform its responsibility to the Commission, the Planning Commission should analyze the applicant's proposal on the basis of the proposal's compliance with applicable points of law. A credible analytical opinion requires a thorough review of the merits of the application from the perspective of the applicant, the staff, and the public. Ms. Karr's alleged statements are contrary to this principle. 3. The Planning Commission reflects the credibility of the City as well as themselves. To establish credibility the Planning Commission must follow a disciplined process by which it reached its decision. Ms. Karr's alleged statements are contrary to this goal. According to the verbatim transcription from the tape of this meeting Ms. Karr's statements were based upon projected negative impacts on schools. The project was reviewed by the school system and found to have no negative impacts on school capacity. This incident puts the Commission in a difficult position. Based upon the egregious nature of this complaint the Commission is compelled to take some type of action, if indeed, the allegations made by Ms. Furman are true. If the Commission finds the complaint to be true, the Commission has four alternatives as follows: 1. Do nothing. 2. Send a formal letter to the Planning Commission admonishing Ms. Karr's actions followed by appropriate training. 3. Ask for Ms. Karr's resignation. 4. Cary out Alternative 2 above, and allow Ms. Karr to serve out her term. Ms. Karr was re-appointed on July 14,2003 by Seat 3, Edward Martinez. Ms. Karr's term expires July 2006. /jp Attachment Memo/2005/December/Complaint Against Planning Commisison Page 2 of 2 RECEIVED DEe 0 9 2005 Lowndes Drosdick Doster A ~ Kantor l)L Reed, PA. WINTER SPRINGS CITY O~ity Manager M. REBECCA FORMAN DIRECT DIAL: 407-418-6250 NORTH EOLA DRIVE OffICE POST OFFICE Box 2809 ORLANDO, FLORIDA 32802-2809 rebecca. funnan@lowndes-Iaw,com A T TOR N E Y S AT LAW ..,...... TIT MERITAS LAW FIRMS WORLDWIDE December 9, 2005 Ronald McLemore City Manager City of Winter Springs Florida 1126 E. State Road 434 Winter Springs, FL 32708 Re: December 6, 2005 Planning and Zoning Commission Hearing The Keewin Real Property Company ("Applicant") Dear Ron: As you know I represent the Keewin Real Property Company with respect to their application for a Comprehensive Plan Amendment to change the designation of approximately 47 acres between Shepard Road and Florida A venue from Industrial to Residential. I represented the Applicant before the Planning and Zoning Commission on December 6, 2005. After the City Planner gave a presentation with respect to our application, Commissioner Karr stated that she would vote against the application. She further stated that she had made up her mind to deny the request and therefore did not need to hear the Applicant's presentation. We believe that such a statement by a Planning and Zoning Commissioner is prejudicial to the planning process and that our application should be judged on the merits as presented before the Planning and Zoning Commission. Although amendments to the Comprehensive Plan are legislative in nature, such a statement by the governing board is akin to a judge scptencing an accused prior to a trial. We believe that her statement prejudiced the other members of the Pf~nning and Zoning Commission prior to our presentation of the merits of our application. ' 0909576\112882\905665\1 215 NORTH EOLA DRIVE ORLANDO. FLORIDA 32801-2028 TEL: 407-8434600. FAX 407.8434444 . \\'Viw,Jowndes-law,com 450 SOOTH ORANGE A VENUE. SUITE 800 ORLANDO. FLORIDA 32801-3344 Ronald McLemore December 9, 2005 Page 2 I bring this to your attention because I know that you concerned about the legitimacy and appropriateness of the planning process and the rights of private property owners within the City of Winter Springs. I appreciate your consideration of this matter and I am available for any questions you may have. MRF/tmn ~ M. Rebecca Furman cc: Keewin Real Property Company Hal Kantor, Esq. 0909576\ 112882\905665\ I PLANNING AND ZONING BOARD/PLANNING AGENCY REGULAR MEETING DECEl\1BER 6, 2005 VERBATIM OF DECEMBER 6, 2005 TAPE. Chairman Poe "Vice Chairman Karr" V ice Chairman Karr :- "I think it's very interesting that urn, the applicant does not thing that 350 units of town homes with minimum 3 bedrooms is not going to affect our city's resources and overcrowd our schools, urn, and impact the traffic which is already horrible on 17-92. Urn, I can say right now before even hearing what the applicant has to say that I am voting against this project." Submitted: December 12, 2005 By: J an Palladino Administrative Assistant City manager Department ~~ Palladmo U:\Docs\Word\Memos\05 Memo\Dec 05\VERBATIM OF P AND Z MEETING.doc CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING DECEMBER 6, 2005 CALL TO ORDER The Planning and Zoning BoardILocal Planning Agency Regular Meeting of Tuesday, December 6, 2005, was called to order at 7:02 p.m. by Chairman William Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William Poe, present Vice Chairperson Rosanne Karr, present Board Member Tom Brown, present Board Member Linda Tillis, present Board Member Ned Voska, present Board Member Ned Voska led the Pledge of Allegiance. PUBLIC INPUT No one spoke. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The November 1, 2005 Regular Meeting Minutes. "I MOVE TO APPROVE THE MINUTES OF NOVEMBR 1ST [2005]." MOTION BY BOARD MEMBER TILLIS. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER VOSKA: AYE BOARD MEMBER TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER BROWN: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 6, 2005 (RESCHEDULED FROM DECEMBER 7, 2005) PAGE 2 OF 5 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance [Number] 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CP A-06-01 Which Changes The Future Land Use Map Designation From "Industrial" To "Medium Density Residential" For Seven (7) Parcels Containing 47.27 Acres, More Or Less, Less Areas 1 & 2, Located Between Shepard Road And Florida Avenue. (This Item Was Postponed From The November 1,2005 Meeting, To Date Certain, The December 6, 2005 Meeting.) Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and noted to the Public of a Citizen Courtesy Information List. Ms. Sahlstrom said, "If you wish to put your name on that list, if this 'Item' is then transmitted to the State, the State will notify you of any pending action on the 'Item'." Ms. Sahlstrom said, "Staf~ therefore, recommends that you decide whether you wish to approve or to deny this request for transmittal to the State." Discussion. Ms. Rebecca Furman, Attorney, Lowndes, Drosdick, Doster, Kantor and Reed, P.A., 215 North Eola Drive, Orlando: representing Keewan Real Property Company. Ms. Furman presented a Powerpoint presentation. Discussion ensued on the property and other town homes in the area. Tape l/Side B Chairman Poe opened the Public Input portion of this Agenda Item. Mr. Dick Crenshaw, 751 Summerland Drive, Winter Springs, Florida: spoke of the tax base for the City and is in favor of the town homes. Mr. Gary Diller, 609 Nighthawk Circle, Winter Springs, Florida: spoke in favor of residential designation if traffic issues are worked out. Mr. Victor Richardson, 301 South Street, Fern Park, Florida: representing the Elsea family property and indicated an objection to the request for a change in the future land use. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: spoke in favor of changing the land use designation to residential.