AGENDA
PLANNING & ZONING COMMISISON
WORKSHOP
NOVEMBER 17, 2010
Present:
Diane Sheffield, Chairperson P
Larry Ganus, Vice-Chairman P
Mari VanLandingham P
David Tranchand – New Member P
Judge B. Helms, School Board Rep P
Dr. Tony Arnold P
Catherine Robinson P
Dr. Gail Bridges-Bright P (Arrived Late)
Alonzo McBride P
Ed Allen P
Willard Rudd A
Frank Rowan P
Staff:
Deborah Minnis, County Attorney
David Weiss, Ausley Law Firm Associate
Anthony Matheny, Director-Growth Management
Jean Chesser, Deputy Clerk
CALL TO ORDER:
Chair Sheffield called the meeting to order at 6L00 PM with a quorum
present and then led in the Pledge of Allegiance to the US Flag
1.
Pledge of Allegiance
2.
Introduction
of Members-Roll Call
3.
Declarations
of Conflict
4.
Changes-Amendments
to Agenda:
Chair Sheffield turned program over to Mr. Matheny – He said the Conservation and the Future Land Use Element will not be discussed tonight – that he had not advertised them to be discussed at this meeting. Dec 9th Workshop for last two elements and Dec 13th will be Regular P&Z Meeting for December and will vote on the last two elements.
Commissioner Helms said he was hopeful Thursdays would be maintained as the regular scheduled Monthly meetings. Commissioner VanLandingham said she would also like to see them scheduled for Thursday as has been done in the past on regular meetings.
Let the Record reflect Commissioner
Bridges-Bright arrived at this time (6:10PM)
WORKSHOP DISCUSSION: County
Attorney Minnis
County Attorney Minnis
addressed the Board concerning mainly
the Comp Plan process. She explained she
has been a member of the Fla Bar since 1985; began as a litigator and later
became more involved in the consultant/general counsel area, more than as a litigator. Ms. Minnis explained some of the laws/rules
with legislative makeup involved in the
land use and Comp Plan process. Planning Commission does have a lot of
discretion in dealing with Comp Plan issues.
Data and analysis must be presented on any proposals going to DCA. Explained three ways Comp Plan /Land Use Amendment
can get started. If local government decides to deny private property owner ‘s Comp Plan Amdendment request in this
process, they do have the right to litigation. Courts generally consider this type
of litigation to be more legislative.
Commissioner Ganus asked for
clarification between the different processes and Ms. Minnis explained how the two different processes works.
Mr. David Weiss briefly explained the Strict
Scrutiny Process and Ms. Minnis addressed
the ORC Report process, (DOA) can take
over case and she explained the steps involved in all of this process.
Commissioner Allen asked if a
property owner could opt out of the hearing process and Ms. Minnis addressed his questions
on this , on settlements , in-ordinate burdens and the (Bert Harris) Act. She said DCA and the Courts understand the
Planning Commission is basically the authority on these types of issues.
Commissioner Ganus asked
questions on some of the cases and whether or not the particular County was in
violation of their own Comp Plan and Ms.
Minnis addressed his concerns and referenced the Florida Administrative Ruling 9 J-5.005 sub-section 2 on Data and
Analysis (a-g). Ms. Minnis said If the
Commission feels they have not received enough data/analysis on a proposed amendment,
she feels that is certainly reason for
the Planning Commission to deny the amendment request.
Commissioner Robinson asked if
classes are available to the Commissioners with the Comp Plan being so stringent
and Mr. Matheny said he is looking into some APA training/classes that would be
available for commissioners in the upcoming year.
Commissioner Arnold expressed
concern with latitude the Commission would have on gray areas involving delayed action /moratoriums on requests that
may be/could be challenged. Moratoriums could be an action of and recommended by
the Planning Commission to the Board of County Commissioners.
Chair Sheffield and the
Planning Commission thanked Ms. Minnis for her presentation; it was interesting
and had given the Commission a lot of helpful information.
Mr. Matheny made closing
statement.
Ms. Pennington said all information that has been made available to staff should have been furnished
to the Commissioners and she recommended everyone thoroughly review all
information for the Dec 9 Workshop – and then will be ready for the December 13th
meeting. Mr. Matheny said information
has not been, but it will be provided to the Commissioners prior to the Dec 9th
meeting. (10/21 on upper left is the most current information.)
Commissioner Allen asked about area plans and possibly presenting a
moratorium request to the BOCC. It was agreed this will be done in a regular
meeting so it can be voted on.
Public Comments:
ADJOURNMENT:
THERE BEING NO FURTHER INFORMATION TO COME BEFORE THE BOARD AT THIS
TIME, THE MEETING WAS ADJOURNED AT 7:40 pm