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Minutes_Local Planning Agency_02/11/2010MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY FEBRUARY 11, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest; motion carried unanimously 5-0. NEW BUSINESS Public Hearing to consider and make recommendations to the Village Council with regard to the following: 1. Ordinance 1-10, First Reading, Amending the Village Code of Ordinances at Chapter 78, Zoning. Article IX. Supplemental Regulations. Division 2. Site Plan Review. And Division 3. Special Exception Uses. By Amending These Divisions To Relocate Certain Approval Criteria From The Special Exception Approval Process To The Site Plan Review Process. Mayor Watkins read Ordinance 1-10 on First Reading. Mayor Watkins opened the meeting for Council and Public comments. Catherine Harding, 1 Bunker Place, stated Riverside Oaks residents were not noticed of this meeting and objected to amending special exceptions by reducing requirements for approval, which would not allow residents to properly evaluate impacts. Joanne Russell, 141 Magnolia Way, advised Riverside Oaks was opposed to loosening or lowering or changing standards/zoning regulations which already existed, expressed concern with allowing shortcuts, and asked to get everything in writing. Vice Mayor Paterno commented he saw no reason to change procedures and expressed concerns. Council Member Humpage expressed his desire to continually protect the residents, and suggested a conceptual drawing up front to see if the proposed improvements were something the Council would consider, to avoid an applicant spending a large amount of money only to find out his concept was not acceptable. Council Member Turnquest advised he was not in favor of shortcuts and felt the code should not be changed; if an applicant lost money he felt it was his fault for not doing due diligence. The Village Attorney explained the existing code, and that a conceptual plan was one of the documents required. Council Member Humpage stressed that the Village could deny a special exception anywhere along the process. Local Planning Agency February 11, 2010 Page 2 of 3 Joann Brooks, 148 Magnolia Way, President of Riverside Oaks Homeowners Association, commented they had already said yes, and asked why this was needed. Vice Mayor Paterno advised this was for the whole community, not any one property, and expressed his concern the code was being gutted. Council Member Humpage explained his position again. Discussion ensued. Frank D'Ambra, 23 Leeward Circle, felt there was a choice of granting on the concept or on total understanding of the project, and the problem was whether the Council would then have the strength to say no because a developer could feel they had been led on if the project were denied. Council Member Arena asked if both sides could be combined. Vice Mayor Paterno commented that was exactly what was being done, someone presented a concept, then had to go through the process. Mayor Watkins commented anyone could present a concept to the Council and if the Council hated it she felt they should not string anyone along. Council Member Humpage reminded everyone the Council could always say no. Council Member Turnquest commented any serious developer would spend money for a special exception and that would increase their probability of getting their project approved. Council Member Arena commented an applicant still had to do everything, but would know the Council liked his idea. Attorney Davis spoke regarding the process and reminded everyone nothing was removed from the code, but step A was potentially being moved to step B, and answered questions from Council. Mayor Watkins suggested tabling this item for further discussion. MOTION: Vice Mayor Paterno made a motion to table first reading of Ordinance 1-10 to the March meeting. Council Member Arena seconded the motion, which carried by unanimous 5-0 vote. Dottie Campbell, 30 Eastwinds Circle, suggested this issue not be held before a Council meeting. 2. Ordinance 3-10, First Reading. Amending Chapter 78. Zoning. At Article I. In General. Sec. 78-4. Definitions. By Clarifying The Definitions For The Terms "Clinic," "Health Care Facility," "Professional Office" And "Professional Service"; Further Amending Chapter 78, Zoning. At Article IX. Supplemental Regulations. Division 1. Generally. By Creating An Entirely New Sec. 78-293. Professional Medical Or Dental Offices. To Adopt Regulations Pertaining To Medical Or Dental Offices. To Adopt Regulations Pertaining To Medical Offices. Mayor Watkins read Ordinance 3-10 on First Reading. Village Attorney Davis presented the ordinance which would eliminate the possibility of a pain management facility to be opened in the Village. Mayor Watkins opened the public hearing to Council for Comments. Council Member Arena confirmed with the Attorney this did not affect urgent care. Mayor Watkins explained she had brought this forward because of what was happening to the south. Council Member Turnquest favored regulating pain clinics. Vice Mayor Paterno asked how this would impact legitimate pain management facilities, to which Attorney Davis responded any facility licensed and regulated by the state would not be impacted. Council Member Turnquest noted it was very hard to regulate; there was no downside to having the ordinance. Local Planning Agency February 11, 2010 Page 3 of 3 Mayor Watkins opened the public hearing for public comment. There being no further comments the public hearing was closed. MOTION: Council Member Turnquest moved approval of Ordinance 3-10 on First Reading, seconded by Council Member Arena; motion carried unanimously 5-0. ADJOURNMENT MOTION: Council Member Turnquest moved to adjourn the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 8.'32 p. m. Respectfully submitted, ~7l (U: ~ ~ C~~~ ~. Lori McWilliams CMC Village Clerk