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03-02-1983 (.) (,.) PLANNING COMMISSION MEETING March 2, 1983, 7:00 PM Minutes Chairman Bennington called the meeting to order at 7:04 PM in the conference area of the Community Center. ROLL CALL Members present: Messrs. Bennington, Opal, Finn, Chenoweth. Member excused: Mr. winter. Also present: Mrs. Winks. APPROVAL OF MINUTES Mr. Opal moved to approve the minutes of February 16, 1983, with an addition. Mr. Finn seconded the motion. Mr. Opal asked that a copy of Mr. Bennington's letter to Council on February 18, 1983, that was hand delivered, be attached to the February 16, 1983 minutes. Mrs. Winks commented that the February 16, minutes should only reflect what happened at that meeting, and it should be noted and attached to the March 2, 1983, minutes. Mr. Bennington said it should be brought up under old business, Mr. Opal had no objection. Moved by Mr. Opal, seconded by Mr. Finn, and CARRIED 4-0, to approve the February 16, 1983, minutes as submitted. COM1\1UNICATIONS Mr. Bennington noted the letter from Chief Baugh and Mr. Murphy on SP-90 that they concur that a planted area would be a hazard. This was for infor- mation only and no action was taken. OLD BUSINESS Mrs. Winks explained that Mrs. Blazi's memo was in reference to the letters sent to the City Attorney on Site Plan Variances and 81-0-34/81-R-77, and that he would like these proposed changes in writing and then send them to him. Mr. Opal stated that these had turned these over to the Attorney last year. Mr. Bennington explained that a Committee had been set up to review them, but then it was disbanded and no other action had been taken. Mr. Opal stated that this would be setting up a trust fund and would be changing our City Charter. Mr. Bennington noted that it is a change to Item 11, Public Sites and Open Spaces. Our purpose in sending this to Mr. Alvarez was to see if it was legal and should go to the Council. Mr. Opal suggested that we send it to Council and have them have Mr. Alvarez check it out. Mr. Opal stated that this should be tabled. The letter from the County pertaining to sealed plans was discussed. It was discussed that anything over $25,000 will require an architect seal, and the other buildings will require a judgment call. Mr. Opal asked that the letter from Mr. Bennington dated February 18, 1983, that was hand delivered be attached to these minutes. NEW BUSINESS Mr. Bennington noted that the Valencia Community College in Orlando is having a seminar on Zoning and Planning, and the advance registration fee is $35.00. Mr. Bennington commented that he would like to attend. Moved by Mr. Chenoweth, seconded by Mr. Finn, and CARRIED 4-0, to request Council to allow Mr. Bennington to attend the Planning and Zoning Seminar in Orlando on March 17, 1983, at the Valencia Community College. Mr. Opal referred to Article 9, Section H, of the Planning Commission By-Laws. He would like that section stricken which states that the majority of a quorum shall be sufficient to decide matters before the Commission. Mr. Opal feels that a vote of three, no matter how many members are present, should be required to approve or disapprove. Mr. Bennington noted that this rule applies to the Board of Adjustment also. Mr. Opal stated that a three vote is required by Council to approve. o o Moved by Mr. Opal that Article 9, Section H, of the Planning Commission By-Laws be changed to require a three vote to approve or disapprove a matter before the Commission, regardless of the number of members present. The motion DIED for a lack of a second. Mrs. Winks noted that Annexation and the final plat for Gas-Lite Square will be on the next meeting's agenda. The meeting was adjourned at 7:37 PM. Minutes submitted by: Debbie Winks Planning Commission Minutes March 2, 1983 Page 2 ( .- -~:\. lot 11 [I r t:ugflUL11 rr POq OF F ICE rmx 100 EDGEWAIER. FLOh'IDAJi'OJ7 (0 'f February 18, 1983 TO: ;layor and City Council FR0"1: Don lSennington. Chairman, rlilnnin~ Co;".lis:;ion SUGJECT: :~r. Frank O!1al At the February 16, 19~13 rlnnnin~ Cor;;ilissioli n~ctin~ till~ ;.;el:;bcrs present voted 4-1 to ask' the Counc i 1 to resci nd ;ir _ F'-,lni: O;1il i · S oPPOl nt;;'ent to tile Plilnniw! COI;]nission. i:r. Opill voted no. Tilis vote ~'JilS Dilsed in part on the feeling"by the lllemoers that :lr. aj1ill tines not \I,lnt to serve on the Planning [ol;~llission (1$ rer the Speciill ;;;:eting held on rcorUlIry 9, BG3, that 1 believe you 1I11 have copies of tile I,lectiil~. iir. DPill I-efuscd to stilY for the Special iieetill~ of tilC COlllilission, he fcil. t11.1t the joint l-Jorksilop j.ieeting of .the City Council and tilC 1'.1I"i::; and ;;~creation i30llrd "JlIS more irtipol-tant tl1iln fulfilling ilis rcsponsibility of scrving on the Plilnning Commission, - \<J(Jlkin~ out cilusin!.J tile ';leetii1~ to be adjourned due to the lack of a quorulil. i\lthough, Iir. Opal arparen'Ll)' felt it lias il.1j1ortant enough to stilY long enough to raise questioll$ tilat t'/erc not on the ilgenda. lie '/Jas objecting to a vote of. 2-1, after this had been cxplained to him more til{ln once that this ''ias a legal vote. lie Ilrcccued to, in r.1V opiniol}, hal-ass iirs. Uinks and "/hen not getting the ilnS'l/ers he wilntccJ left ou,- lIleetin9. , - i~e feel that ilr.. Opill does not understand the responsibility ilno libelity of serving the .ci ty .in the capaci ty of il board r,lCnber. ,)ys.t because you personaly do not like a project - it is your joh to vote as to the comnlilnce I-/i th the zoning 'ol-oinilnce and code - not vote .'IOU)- pel-sohili feel in~s and Ilossibly expose the city tn a la~ suit. He:also do not believe _YOU-1:DJJ. find it in the citv c:nrlovees joh description that they have to bC2JLbjC'ctcd t!l hill-';l;;~,r.1ent b:: an'! official of this city. As chairman 1 will be alud to iln:;,./c," ilny (~!Je;.t'ions you lllily 'have as to this mil tte r. - ~ ..I~~ ...~ .~ Si"(jY'!? ~-(:-_ .'.~ U/Uj /;~"; D~n -Bcnn i ngt.oi?' Chai man , "i. j UG/df " cc: ;/ancy l.nazi- City Attorney--- J . ~ .. , ~