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