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HomeMy WebLinkAbout11/11/08 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, NOVEMBER 11, 2008 CALL TO ORDER Chairman Sills called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Vice Chair Golden, Members Campbell, Conkling, McKey, Morris, and West. Also present were City Attorney Palmer, Development Services Director Shadrix, Planning Director Wagner, Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: Members Dillard and Rhodus were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, October 14, 2008. Vice Chair Golden. seconded bv Member CamJJbell. moved to acceot the Minutes of the October 14. 2008. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS EAST CROWN INDUSTRIAL - Annexation. Larae Scale Comp Plan Amendment. PUD Rezonina/PUD Land Use Plan Principal Planner Rumer gave a brief presentation on the project and stated the subject property is located on the north side of Palm Drive on the west side of SR 429 and the east side of East Crown Point. He advised the board that at a later date they will be bringing back the JPA Agreement, a Boundary Amendment, and Future Land Use Amendment. The applicants propose to develop the 45.85 acres as a light industrial PUD with a maximum floor area ratio of 0.6. The permitted uses will be limited to those uses permitted within the 1-1 (Light Manufacturing and Warehousing) except: Automotive Sales, Bar, Boat Sales and Service, Liquor Store, Mobile Home and Travel Trailer Sales, Monument Sales, Motor Vehicle Wholesale, and Pawn Shop. Principal Planner Rumer stated there has been talk with the City of Winter Garden on creating a high tech corridor in that area. The PUD zoning proposed will allow the applicant to get their use, density and accesses. The on-site improvements that the applicant will be providing are Planning and Zoning Commission Regular Meeting November 11, 2008 several turn lanes, and they will be part of the development agreement. Based on the FIRM map the site does not lie within the 100 year floodplain. The site is located within the City of Ocoee utility service area and is proposing to connect to public utilities for water and sewer. There is an existing 12" water main running along the south side of Palm Drive and an 8" forcemain running along the north side of Palm Drive. DISCUSSION Member McKey inquired as to what the level of service is currently on Crown Point. Principal Planner Rumer stated at the entrance in front of the property is currently at a level C and an adopted service of level D. He further inquired as to what is being done to improve Palm Drive. Principal Planner Rumer stated the turning movements on-site. He further added that there was nothing warranted through the traffic study. Member McKey stated his concern is that traffic will back up. He further inquired about the impact on the apartments. Principal Planner Rumer stated the City will protect their interest and will require a 50 ft. buffer. Vice Chair Golden stated that the buffer on the site plan is shown as a 25ft. buffer. Principal Planner Rumer stated that was correct, the developers will be proposing a 25ft. buffer and will request a waiver. Vice Chair Golden clarified that the plans before them are just conceptual, and they are not approving any plans this evening. He inquired if the City is recommending approval of the project. Principal Planner Rumer stated staff does recommend approval. Eric Marks, BKI Crown Point Road Associates, stated he concurs with the staff report presented and addressed Member McKey's concern by stating that traffic studies have been done, and it will help alleviate the traffic at the intersection. Vice Chair Golden inquired about what is proposing to be put in that location. Mr. Marks stated he really does not know at this time but is really pleased with the concept the City has brought forward with the high tech business corridor. The Public Hearing was opened for East Crown Industrial. J.C. Wilson, 1067 E. Crown Point Road, stated he owns a home near the property and was inquiring if all the property nearby will be rezoned or just the property that is owned by the applicants. Member West stated all the properties will be zoned industrial. City Attorney Palmer interrupted and reminded Member West to disclose any voting conflict he may have with this project. Member West announced that he will be abstaining from voting due to ownership of a portion of the property by himself and his son. 2 Planning and Zoning Commission Regular Meeting November 11,2008 The Public Hearing was closed for East Crown Industrial. Member Morris stated he received a phone call and an e-mail from Tim Gunter, Pastor of Crown Point Baptist Church. He then read the e-mail from Mr. Gunter which expressed Mr. Gunter's full support for the proposed changes. Vice Chair Golden stated he likes to see the City increase their industrial land base and believes this can bring more jobs and will not be a burden to the City. Principal Planner Rumer stated staff approached doing the industrial zoning, and it turned out that Winter Garden embraced it and also had plans for the west side of East Crown Point Road. Member West stated he originally was going to put town homes in that property until he realized it would really impact and put pressure in that area. It was then agreed upon to rezone the area as industrial. Chairman Sills asked the City to please keep the residents in mind as they work on developing that area. Member CamJJbell. seconded bv Member Morris. moved to recommend approval of the 1) annexation of the 31.45 +/- acres of land, 2) rezonina from R-1 (Sinale-Familv Dwellina) and Oranae Countv A-1 (Aariculture) to Planned Unit Development (PUD), and 3) transmittal of the Laroe Scale Land Use Amendment from Low Densitv Residential to Uaht Industrial subiect to the adoption of an applicable amendment to the Ocoee/Oranae Countv Joint Plannina Area (JPA) Boundary Map and JPA Land Use Map. Motion carried 6-0 with Member West abstainina. MISCELLANEOUS Development Services Director Shadrix commended the board for the EAR Workshop. He further stated that one of the cornerstone pieces of building a strong community is having a strong employment base. He had a community meeting. Despite its small size (4 attendees), they came up with 50 comments. They will create a handout with each of the major issues categories they have received. They will also have a scoping meeting with DCA He further explained his endeavor in helping create a new vision for the City. 3 Planning and Zoning Commission Regular Meeting November 11, 2008 ADJOURNMENT The meeting adjourned at 7:37 p.m. ';;:L JUlf Melanie Sibbitt, Deputy City Clerk 4 APPROVED: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS fII/ ' fit; AJ / ~;Lg RD, COUNCil, COMMISSION, AUTHORITY, OR tOMMITTE . :z. THE BOARD, COUNCil, COMMI ON, AUTHORITY OR COMMI E ON IM-iICH I SERVE IS A UNIT OF: CITY 0 COUNTY NAME OF POLITICAL SUBDIVISION: o OTHER lOCAL AGENCY CITY MY POSITION IS: o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, /'1/ /-k tV DISCLOSURE OF LOCAL OFFICER'S INTEREST We 5--f , hereby disclose that on IlJtJ~ /1 20 0 8". ,-' (a) A measure came or will come before my agency which (check one) .L inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, -.Jt! inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a princip'al which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: D~ ~~~~..j-- ~. , by , which II/If /08 Date Filed I I ~/J~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2