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HomeMy WebLinkAbout2012 09 11 Consent 200 Approval of June 6, 2012 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 6, 2012 CALL TO ORDER The Regular Meeting of Wednesday, June 6, 2012 of the Planning and Zoning Board/Local Planning Agency was called to Order at 7:01 p.m. by Board Member Howard Casman in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, arrived at 7:18 p.m. Vice Chairperson Rosanne Karr, absent Board Member Howard Casman,present Board Member Bart Phillips, present Board Member Suzanne Walker, present Assistant to the City Clerk Sean Beaudet, present A moment of silence was proceeded by the Pledge of Allegiance. Brief discussion. ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. 4.• PUBLIC INPUT Board Member Casman opened "Public Input". At this time,no one addressed the Planning and Zoning Board/Local Planning Agency. Board Member Casman closed "Public Input". INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 6,2012 PAGE 2 OF 8 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The May 2, 2012 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Board Member Casman stated, "Could I get a Motion to Approve the Minutes of the last Meeting." "I'LL GIVE THAT MOTION". MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used Board Member Casman called a Recess at approximately 7:04 p.m. The Regular Meeting reconvened at approximately 7::12 p.m. 400. REPORTS Mr. Bobby Howell, AICP, Planner, Community Development Department mentioned that July 4th/Independence Day fell on the first Wednesday of July, and a July meeting was needed. Discussion followed on possible dates for a Special Meeting. Board Member Casman suggested Wednesday, July 11th, 2012. Board Member Bart Phillips agreed and said, "Fine with me." No objections were noted. Board Member Casman summarized, (Wednesday), "July 11th, 2012." Staff was in agreement with this date as a Special Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 6,2012 PAGE 3 OF 8 Mr. Howell also explained to the Board about what was scheduled for the July Planning ` and Zoning Board/Local Planning Agency Special Meeting and stated, "There is going to be a Waiver request. As you recall at the May meeting, we had the `Conditional Use' for the Moss Park Apartments, the `Mixed Use'." =L+ goitt Continuing, Mr. Howell remarked, "The Code basically says `If you do an apartment in the `Multi-Family', in the `C-1', the `General Commercial Zone', that you have to provide a garage. They're going to come back and apply for a Waiver to not do the garage, because they're building apartments. Those are more for town homes. So, you'll see that at the next meeting." Mr. Howell then reminded the Board that they (the Planning and Zoning/Local Planning Agency) was scheduled to go before the City Commission with a presentation at the June 25th, 2012 City Commission Regular Meeting. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And Police Department And Community Development Department On Behalf Of The Police Department And Community Development Department, The City Attorney Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For The Approval Of Ordinance 2012-09, Which Provides Zoning And Locational Requirements For Pain Management Clinics As Defined By City Code. City Attorney Anthony A. Garganese presented this Agenda Item to the Planning and Zoning Board/Local Planning Agency and noted the current Moratorium that the City of Winter Springs has in place on Pain Management Clinics; and that the City is not issuing any Business Tax Receipts for new Pain Management Clinics within the City of Winter Springs. Continuing, Attorney Garganese referenced the Agenda Item/Ordinance and reviewed some background information related to Pain Management Clinics, actions that Orange County, Florida has taken with a Drug Task Force that created, statistics regarding prescription drug abuse, and how Florida became known as a type of"quasi drug- dealer for these types of drugs out of State." Attorney Garganese then noted state regulations put in place and which "Define Pain Management Clinics as generally a private or publically owned facility that advertises in any medium, for any type of pain management services or where in any month a majority or patients are prescribed certain kinds of pain management type drugs." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 6,2012 is. a PAGE 4 OF 8 Furthermore, Attorney Garganese noted exclusions that were then adopted and referenced these exclusions which had been included with this Agenda Item. Agenda Item added, "Those exempted type facilities are not covered from a Land Use perspective. Pain Management Clinics, what we're recommending are those that are statulatorially i defined." -- Additionally, Attorney Garganese commented that "The State Law requires the statutorily defined Pain Management Clinics to register with the State. In addition, Physicians - that provide professional services in a Pain Management Clinic are required to meet certain requirements, as well as reporting requirements in the Statute. In addition, the Statute provides certain facility and physical operational requirements." Regarding the Ordinance being proposed to the Board, Attorney Garganese explained that it piggybacks off of the State's definition for Pain Management Clinics and added, "In our Code, if this Ordinance were to pass, would define Pain Management Clinics as those clinics that are registered with the State pursuant to the State Law." Chairman William H Poe arrived at approximately 7:21 p.m. Attorney Garganese also mentioned additional language in the proposed Ordinance related to businesses that "Also prescribe or dispense dangerous drugs". Attorney Garganese noted that this additional language was there as a"place setter" and came from language that Orange County, Florida had considered including in their Ordinance; however, when Orange County passed their Ordinance, the additional language was not included. Attorney Garganese explained, "In general, that dangerous drug requirement would actually reduce the number of businesses that would fall under the definition of Pain Management Clinics; Orange County decided just to stay with the statutory definition." Attorney Garganese concluded that "I am recommending that the language `and that also prescribe or dispense dangerous drugs' be removed from this Draft Ordinance." Further discussion ensued that "If one of these establishments, clinics met the definition of Pain Management Clinic, the recommendation is that these establishments be located in the City's I-1 (Light Industrial) Zoning District" but they were subject to some locational restrictions as noted in the Agenda Item. Attorney Garganese followed that "We are recommending a supplemental district regulation that clearly prohibits the types of clinics that were a problem; those are the Pill Mills. We're recommending Section 20-420. be added to the Code, which states, Pill Mills are strictly prohibited in the City of Winter Springs." Furthermore, Attorney Garganese noted, "The purposes of this particular Section are to give the City Police power jurisdiction in the event one of these establishments were to open. The City would have a basis to stop an unlawful use of land." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 6,2012 PAGE 5 OF 8 The Planning and Zoning Board/Local Planning Agency Meeting was turned over to Chairman Poe by Board Member Casman at approximately 7:26 p.m. Briefly, Board Member Casman mentioned to Chairman Poe about the Planning and Zoning Board/Local Planning Agency Special Meeting discussed earlier and proposed for Wednesday, July 11th, 2012; and asked if this was also agreeable to Chairman Poe. Chairman Poe stated, "I have absolutely no problem with that." Further comments followed on Pill Mills and the related statistics mentioned earlier by Attorney Garganese. Board Member Casman then asked if there were any Pill Mills currently operating in the City of Winter Springs; to which Attorney Garganese said that he did not think so and mentioned he had checked and none were registered. Board Member Phillips inquired that "The Pill Mills, don't they already have - Board Certified Doctors?" Captain Chris Diesler, Code Enforcement Division, Police Department responded that "The one that we had operating prior, did have a physician on their staff. I know he was there probably on a daily basis performing that role. But as you know, they have since closed." Board Member Phillips then inquired "If we have an exception for the Doctors that are certified,then they can circumvent this Ordinance. Any way to make it stronger?" Attorney Garganese responded, "It was my understanding that this certain category of Board Certified Medical Specialists were not perceived to be the problem. So, the Legislature carved out that limited exemption. Could you make it stronger from a Zoning perspective? Yes, you could. You would have to redefine the Pain Management Clinic definition, for Zoning purposes." Attorney Garganese then explained that Orange County had tried something similar and re-crafted the definition of Pain Management Clinics, but the County Commission went with the State definition. Further comments. Chief of Police Kevin Brunelle, Police Department explained, "With these Pain Management Clinics that we're having a problem with, these physicians are retired Physicians. They just have a DEA (United States Drug Enforcement Agency) license. That DEA (United States Drug Enforcement Agency) license allows them to dispense the pills. And before we had a registry, they could do it without having to register - the subjects could come in here and do the Doctor shop and they would go to as many as forty (40) different doctors in a day or two (2) days." Chief Brunelle continued, "What Attorney Garganese is saying, is that these Board Certified Doctors have the records that they need to provide to show that they are treating these patients with the right medications, or treating them medication because they have verifiable problems." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 6,2012 PAGE 6 OF 8 rarlo With further comments, Chief Brunelle remarked, "I understand what Anthony (Garganese) is saying. I don't have any problem with those definitions because those definitions help us to police." Chief Brunelle added, "And basically, in my opinion, what it does, is it lets the legitimate Doctors, and legitimate business owners conduct lawful business in our City,which is what we want all day long." Discussion. Chairman Poe asked Chief Brunelle if he was in agreement with the proposed Ordinance as discussed. Chief Brunelle replied that" I am. One of the things that's important to me is that we work diligently with the Attorney, and we do; because he has to help us to be able overcome any challenges." Board Member Suzanne Walker asked how the City of Oviedo handled this same matter. Chief Brunelle mentioned he thought they had a Moratorium and added, "I know a lot of the other cities are waiting on the County's Ordinance on this and we've been out in front of them on that." Discussion. Allowable space for Pain Management Clinics was addressed next and Mr. Howell showed a map of the City of Winter Springs and identified a grey area where Pain Management Clinics could be located. Board Member Phillips asked Mr. Howell, "And that is owned by the City?" Mr. Howell responded, "That I would have to doublecheck." Board Member Walker added, "How many acres is that?" Mr. Howell replied, "We could run the numbers on that through the Property Appraiser and get back with you on that. It is obviously more than a couple of acres." Discussion followed on usable land, other `I-1' property in the City of Winter Springs, and Nursery Road. Board Member Phillips asked Chief Brunelle, "Do you feel everything that could be in this Ordinance is in the Ordinance to help you?" Chief Brunelle stated, "Everything that we legally can do to help us do this,yes." Discussion. Tape 1/Side B Chairman Poe checked with Board Member Casman that Public Input was opened and all previous Agenda Items were attended to' to which Board Member Casman noted that all matters had been handled. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-JUNE 6,2012 PAGE 7 OF 8 "I WILL MAKE A MOTION THAT WE RECOMMEND - TO THE CITY COMMISSION FOR THE APPROVAL OF ORDINANCE 2012-09 — WITH THE EXCEPTION OF THE..." MOTION BY BOARD MEMBER CASMAN. CHAIRMAIN POE ADDED, "...AS AMENDED BY ATTORNEY GARGANESE..." BOARD MEMBER CASMAN CONTINUED, "...TO DELETE THAT FROM THE ORDINANCE." ATTORNEY GARGANESE STATED, "DELETE THE DANGEROUS DRUG LANGUAGE IN THE ORDINANCE..." BOARD MEMBER CASMAN CONFIRMED THIS AND NOTED, "...AND DELETE THE DANGEROUS DRUG LANGUAGE IN THE ORDINANCE." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER CASMAN: AYE CHAIRMAN POE: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairman Poe noted, "The City Commission has expressed to us this Board, as well as other Boards, that we want to ensure that the public has an opportunity to provide input on any item that we are discussing." Chairman Poe opened the "Public Input". No one spoke. Chairman Poe closed the "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—JUNE 6,2012 PAGE 8 OF 8 ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 7:50 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK APPROVED: WILLIAM H. POE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the Planning and Zoning Board/Local Planning Agency Meeting.