04-14-1994 SS MINUTES OF THE LOCAL PLANNING AGENCY
``" SPECIAL MEETING
HELD THURSDAY, APRIL 14, 1994
CALL TO ORDER
The meeting was called to order by Chairman Switzer at 7:30 p.m. followed by a moment of
silent meditation and the pledge of allegiance.
The determination of a quorum was made.
PRESENT: Chairman Switzer, Members Jones, Landefeld, Miller, Swickerath, and Alternate
McKey. Also present were City Attorney Rosenthal, Planning Director
Wagner, City Consultant /PEC Hooper, and Clerk/Stenographer Lewis.
ABSENT: Vice - Chairman Bond, Member Rhodus, and Alternate Draia.
NEW BUSINESS
Chairman Switzer asked the City Attorney to explain the purpose of the meeting. City
Attorney Rosenthal said it was a long story that started in Tallahassee. The meeting being held
was in consideration of the Development of Regional Impact (DRI) for the Lake Lotta Mall and
the Lake Lotta Center. This is the first public meeting of the City involving the DRI' s. There
op have been several proceedings ongoing before the Regional Planning Council (RPC). The State
DRI Statute is sometime a tricky path to follow as the City goes through this process.
Particularly as it interrelates, from a time and procedural standpoint, with requirements for
Comprehensive Plan adoption. The time schedule for Comprehensive Plan Amendments and
DRI's in the Florida Statutes do not fit together. The City must take conflicting provisions and
overlay them with the requirements of the City's Code. Sometimes the City requirements may
be greater or more stringent than the State Statutes. This meeting is necessary. The RPC does
not have to take action on the DRI application until they receive a notice from the City to make
sure the RPC under State law is legally required to report the DRI back to the City. It is
required to give the 60 day notice and schedule this meeting as well as a second meeting of the
City Commission. The meeting on May 2 will comply with the State Statutory Provision. Even
though the City is legally required to have this meeting, it would be in conflict and violation
with other State Statutory Provisions if the Board were to take any action on either of the DRI
applications. The DRI needs to move along with the Comprehensive Plan Amendment.
Member Swickerath asked what would happen if the City did not hold the public hearing.
Attorney Rosenthal said if this public hearing had not been held there was the possibility that
a third party could later challenge the development order on the basis of a procedural defect
which is telling the RPC of the hearing and failure to hold it. Member Swickerath asked what
else might happen. Attorney Rosenthal said that would be the worst thing that could happen.
Then the whole process must begin again. It could arguably be a procedural defect if the City
did not hold the hearing. The City has taken the approach that where the City has conflicting
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Local Planning Agency Special Meeting
April 14, 1994
Statutory Provisions, the City is trying to comply with as many Statutes as possible. To comply
with some of those requirements, this may not be the last special meeting.
LAKE LOTTA MALL DRI, CASE NO. DRI- 1 -9 -93 (PUBLIC HEARING)
Planning Director Wagner gave a brief background of the report issued on the project by the
Regional Planning Council (RPC) and each member received a copy of the PRC and RPC
recommendations. Mr. Wagner said that both DRI recommendations will be presented for full
consideration at the Regional Planning Commission at 10:00 a.m., Wednesday, April 20, 1994.
The City will consider the Region's recommendation as part of its review of the project. The
City's ultimate development order will include many of those recommendations.
The public hearing was opened.
Peter Lopez, of Lowndes, Drosdick, Doster, Kantor & Reed, spoke for the Homart
Development Company. He said Attorney Rosenthal had clearly stated the reasons for the
hearing. Mr. Lopez requested continuance of the matter.
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, suggested a ramp across SR50 might
alleviate traffic problems with the East -West Expressway and SR50 access as well as road access
costs.
Member Landefeld seconded b Member Jones moved to continue the .ublic hearin. to a
date in the future to be determined. Motion carried 4 -1. Member Swickerath voted "nay."
LAKE LOTTA CENTER DRI, CASE NO. DRI- 2 -9 -93 (PUBLIC HEARING)
Planning Director Wagner's briefing earlier included this item as well.
The public hearing was opened.
Mr. Tom Cloud, of Harris & Robinson, representing Barry Goodman and Lake Lotta Ltd., said
he joined with Attorney Rosenthal in a request for a continuance of the public hearing. He was
there to answer questions.
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked for clarification of the center's
location. It was determined that the Center location is west of Clarke Road as opposed to the
east parcel.
Member Jones seconded b Member Landefeld moved to continue the .ublic hearin. on a
date in the future to be determined. Motion carried 4 -1. Member Swickerath voted "nay."
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Local Planning Agency Special Meeting
April 14, 1994
ADJOURNMENT
The meeting adjourned at 7:45 p.m.
ROL ITZER, C 'man
ELLEN KING, Deputy - �- •�-` J
DIE LEWIS, rk /Stenographer
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