HomeMy WebLinkAbout02-09-2010 Agenda PacketMayor
S. Scott Vandergrift
center of Good L .e It-
i'W Commissioners
Gary Hood, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
City Manager
Robert Frank
February 9, 2010
PLANNING AND ZONING COMMISSION
LOCAL PLANNING AGENCY)
AGENDA 7:00 PM
I. CALL TO ORDER
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
II. CONSENT AGENDA
A. Minutes of the Planning and Zoning Commission
Meeting held January 12, 2010
III. OLD BUSINESS
IV. NEW BUSINESS
A. PROPOSED AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE PUBLIC HEARING
1. Extension of Preliminary and Final Subdivision and Site Plan Approvals PRINCIPAL PLANNER FABRE
V. MISCELLANEOUS
A. Project Status Report
B. February Calendar
VI. ADJOURNMENT
O:\P & Z\Agendas\201 o\February 9, 2010 P & Z Agenda.doc
NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee
Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record
of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and
evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come
before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in anyoftheseproceedingsshouldcontacttheOfficeoftheCityClerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905-3105, 48 hours in
advance of the meeting.
City of Ocoee . 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100. fax: (407) 656-8504 . www.ci.ocoee.tlus
ITEM NUMBER II. A.
Minutes of the
Planning and Zoning Commission Meeting
held on
January 12, 2010
MINUTES OF THE PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MEETING HELD TUESDAY, JANUARY 12, 2010
CALL TO ORDER
Chairman Sills called the meeting to order at 7:02 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,
Dillard, McKey (arrived at 7:30 p.m.), Morris, and West. Also
present were Assistant City Attorney Watson, Development Services
Director Shadrix, Principal Planner Fabre, and Deputy City Clerk
Sibbitt.
ABSENT: Member Rhodus was absent excused.
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Meeting held on Tuesday,
October 13, 2009.
Member Campbell. seconded bv Member West. moved to accept the Minutes of
the October 13. 2009. Plannina and Zonina Commission meeting. Motion carried
unanimouslv.
OLD BUSINESS - None
NEW BUSINESS
SUBSTANTIAL AMENDMENT TO THE PUDILAND USE PLAN FOR PRAIRIE LAKES PUD
Principal Planner Fabre gave a brief overview of the Prairie Lake PUD
development including the location. He stated the applicant is requesting to have
more uses allowed on "Tract G". The applicants had already received approval for
the Villa Roma Townhomes in October 2008 by the Commission and at that point
had expressed their request for a continuation of the approval process for permits.
With the current market conditions, the applicant/owner has requested to add
Assisted Congregated Living Facility (ACLF), Nursing Home, Two-Family
Dwelling, and Single-Family Dwelling as permitted uses for Tract "G". The
proposed ACLF/Nursing Home development standards, if approved, would be
limited to a maximum of 30 assisted living units with a maximum building height of
55 ft.
Planning and Zoning Commission Meeting
January 12, 2010
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on December 16, 2009, and
determined that the proposed amendment was considered a substantial
amendment due to the criteria established in the City's Land Development Code.
Nevertheless, all the changes to the Land Use Plan were discussed and agreed
upon by the applicant. When discussion was finished, the DRC voted
unanimously to recommend approval of the Amendment to the Prairie Lake PUD,
subject to resolving the outstanding staff comments and making the changes
agreed upon at the DRC meeting before the City Commission meeting.
STAFF RECOMMENDATION
Staff recommends approval of the Amendment of the PUD Land Use Plan for
Prairie Lake, as date stamped received by the City on December 29, 2009.
DISCUSSION
Member Morris asked for clarification of the staff report because it sounds like
they are asking for the ACLF/Nursing Home, Townhome, and Single-Family
Residence. Principal Planner Fabre stated the applicant is asking for the
permission to have (either/or) from the list of uses. Assistant City Attorney
Watson stated on the plans, under the conditions of approval, it states they can
either develop a townhome, single-family duplex, or ACLF.
Vice Chair Golden inquired about the height restrictions for other districts and the
considerations; if any, for this development. Principal Planner Fabre stated the
original PUD was stated to have two-stories 35 ft in height, but that was taken into
consideration for Single-Family ResidencelTownhomes. With the ACLF they
asked for the height increase so that it would work for that property. The
consideration taken by staff was that the property is lower grade than Clarke Road
so the actual height may not be as evident. As well, the landscape buffers and
wall will ease up on the height impact. Principal Planner Fabre stated the
applicant is available with an exhibit providing a line of sight graphic to help the
board members envision the height impact. Vice Chair Golden inquired about
the height allowed if this were located in a commercial area. Principal Planner
Fabre stated for commercial it would be 45 ft.
Member Conkling inquired if the Fire Department has reviewed the height being
requested. Development Services Director Shadrix stated at the DRC meeting
a Fire Department staff looked at this development and they said it was going to
be fine.
2
Planning and Zoning Commission Meeting
January 12,2010
Peter Palermo, applicant/owner, provided a rendering of the proposed building at
a height of 55 ft. A brief discussion ensued regarding the visual, road, and noise
impact with an ACLF.
The Public Hearing was opened.
Glen Myhre, 1836 Lenton Court, stated his home is directly across the street from
the proposed development and is one buffer away from the wall. He further stated
from his pool patio he has full view of the area being developed, so his concerns
are on how this will affect his property value. Mr. Mhyre stated he is concerned
about the height issue as well as the uses being proposed. Mr. Myhre stated he
is against this proposed development. Mr. Palermo explained that the impact on
the road will be a lot less with the ACLF because with assisted living not many of
the residents are driving.
Steven Royster, 1832 Oxton Court, stated when he purchased his home they
were told that development would be Single-Family Residence and Townhomes.
He further stated his mother-in-law works at a nursing home and is concerned
about the noise buffer since most of those facilities have sirens, buses, and
garbage pick-up. He too is against the proposed development and would like to
see it be used for anything other then commercial development.
Lynn Myhre, 1836 Lenton Court (also HOA member of Westchester), stated
many parents were at little league registration and could not come but many were
against this development. She further inquired about the zoning because she
thought it was zoned residential. Principal Planner Fabre stated that, according
to the Comprehensive Plan adopted by the City, an ACLF is a use that is
permitted in medium density residential. The Future Land Use will allow for this
particular use; however, the PUD does not, which is why this is coming before the
Planning and Zoning Commission. Mrs. Myhre stated as her husband
commented before from their pool patio they will have full view of the proposed
project. She further stated that she is against the project and is speaking on
behalf of the HOA and the whole neighborhood.
Len Pinelli, 1796 Fritwell court, stated he has two concerns; first, everyone has a
two story home and will have a view of the building. Secondly he would like to
know if the widening of Clarke Road was included in the setback. Mr. Palermo
stated that it is included. Mr. Pinelli stated he has mixed emotions regarding the
development.
Mr. Palermo stated at the moment they are permitted for townhouses but what
they are looking for is ACLF. He further stated, as far as the height goes, they
3
Planning and Zoning Commission Meeting
January 12,2010
have two plans one for a three story and one for a four story building because
they have not made up their mind yet. Development Services Director Shadrix
stated that the citizens who spoke raised some good questions and this will be
going to the City Commission. He further stated it would not be a bad idea if the
applicant flew a balloon to show the potential visual impact. Development
Services Director Shadrix explained that the City of Ocoee lies in a market area
that is underserved from a senior living standpoint and he has had several
developers come to him with senior living. With a nitch market for senior living
and funds being provided that will allow for a high-end development, it is
something that people will pay money to live in. He further stated he feels an
ACLF will enhance the area and will be a lot quieter then having a town home
project.
Member McKey apologized for getting in late and stated his concern was the
height of the proposed development. He further stated he would hate to see
anything over three-story in height.
The Public Hearing was closed.
Vice Chair Golden stated he wanted to address the buffer and feels the 50 ft
buffer will not be able to leave a lot of the existing trees. He further stated he feels
they should have a minimum setback of 100 ft and would like to go forward with a
recommendation increasing the buffer. Member West stated that this property is
not that big and he does not know if it would allow for a 100 ft buffer. Mr.
Palermo stated he does not feel a 100 ft. will be sustainable because he is
working with 22 acres of which 13 acres is buildable and the remaining acre is
being given to the city. Further discussion ensued regarding the height impact
being depicted in the rendering provided by the applicant.
Vice Chair Golden. seconded by Member McKev. moved for approval of Case #
RZ-09-11-07 - Amendment of the PUD Land Use Plan for Prairie Lake. as date
stamped received by the City on December 29. 2009. includina an amendment of
a 100 ft. setback from Clarke Road for the buildina standards for the Adult
Conareaate Livina/Nursina Home uses on Tract "G". if the maximum heiaht
allowable is 55 ft. Motion failed 3-5 with Chairman Sills. Members Campbell.
Morris. Dillard. and West opposina.
Member West. seconded by Member Campbell. moved for approval of Case #
RZ-09-11-07 - Amendment of the PUD Land Use Plan for Prairie Lake. Motion
carried 5-3 with Vice Chair Golden. Members Conklina and McKey opposina.
4
Planning and Zoning Commission Meeting
January 12,2010
MISCELLANEOUS
Development Services Director Shadrix stated they will be having a. very busy
next couple of months. They are planning on bringing the Evaluation Appraisal
Report, Water Supply Plan, and Capital Improvements Project forward. In
addition, they will also be bringing the CRA overlays. He further stated many are
aware that there is a pretty substantial vote coming up in November and they are
seeing an increase in activity as a result of that. Development Services Director
Shadrix gave a brief interpretation of the Hometown Rule Amendment.
ADJOURNMENT
The meeting adjourned at 7:58 p.m.
Attest:APPROVED:
Melanie Sibbitt, Deputy City Clerk Jim Sills, Chairman
5
ITEM NUMBER IV. A.
PUBLIC HEARING
Proposed Amendment to the Ocoee Land
Development Code
City Manager
Robert Frank
Commissioners
Gary Hood, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
DATE:
TO:
FROM:
THROUGH:
SUBJECT:
February 1, 2010
The Planning and Zoning Commission .<::\\
Antonio Fabre, AICP, Principal Planner ~ 4 0./Craig Shadrix, Development Services Director (!;r
Extending PSP and FSP Approvals
ISSUE:
Should the Planning & Zoning Commission recommend approval of Section 4-12 of the
Land Development Code which extends certain previously approved Preliminary & Final
Plans until March 1, 2012?
BACKGROUND:
Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, also known as
the Ocoee Land Development Code, Article IV, sets forth certain time periods following
approval of Preliminary Subdivision & Preliminary Site Plan (collectively, "Preliminary
Plans") within which a Final Plan approval must be obtained. Preliminary Plan approval
by the City Commission shall be automatically voided if the Final Site Plan (for either
the entire project or the approved first phase) is not approved within one (1) year
LDC, Article IV, Section 4-3, A, (6), & Section 4-3, C, & Section 4-4.G, (1), (g)).
Additionally, the Ocoee Land Development Code, Article IV, also sets forth certain time
periods following approval of Final Subdivision & Final Site Plan (collectively, "Final
Plans") within which construction must commence. The Ocoee Land Development
Code provides for the automatic termination of Preliminary Plans and Final Plans if the
subsequent events required by the Land Development Code do not occur (LDC, Article
IV, Section 4-4.G(3) & Section 4-5.G).
DISCUSSION:
Due to the current economic conditions, City Staff is proposing an Amendment to the
City of Ocoee Land Development Code relating to adoption of a new section (Section 4-
12) for Chapter 180 which extends certain previously approved Preliminary & Final Plans
until March 1, 2012. The time extensions would apply for any Preliminary & Final Plans
approved by the City Commission after January 1, 2005 and prior to March 1, 2010
which has not obtained approval of a Final Site/Subdivision Plan (for either the entire
project or the approved first phase) and/or commence construction as of March 1, 2010.
The Planning and Zoning Commission
February 9,2010
Page 2 of 3
Moreover, this request is consistent with the Florida Legislature's Community Renewal
Act SB 360 (Section 14) which promulgates two (2) years extension on development
orders, and as well as the approach of other jurisdictions. For your review and
consideration, please find attached the proposed Section 4-12 which contains the
proposed language for codification.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission recommend Approval of
Section 4-12 of the Land Development Code which extends certain previously approved
Preliminary & Final Plans until March 1, 2012.
Attachments: Proposed LOC, Article IV, Section 4-12.
The Planning and Zoning Commission
February 9,2010
Page 3 of3
SECTION 4-12. EXTENSION OF PRELIMINARY AND FINAL SUBDIVISION
AND SITE PLAN APPROVALS.
A. Any Preliminary Site Plan approved by the City Commission after January
1, 2005 and prior to March 1, 2010 which has not obtained approval of a Final Site
Plan (for either the entire project or the approved first phase) as of March 1, 2010 is
hereby granted an extension until March 1, 2012 in order to obtain approval of a Final
Site Plan (for either the entire project or the approval of the first phase) and such
Preliminary Site Plan shall remain approved and in full force and effect notwithstanding
the provisions of Section 4-3.A(6) of Article IV of Chapter 180 of the Ocoee City Code
or any other Code provision to the contrary.
B. Any Final Site Plan approved by the City Commission after January 1, 2005
and prior to March 1, 2010 which has not commenced construction as of March 1,
2010 is hereby granted an extension until March 1, 2012 in order to commence
construction and such Final Site Plan shall remain approved and in full force and effect
notwithstanding the provisions of Section 4-3. C of Article IV of Chapter 180 of the
Ocoee City Code or any other Code provision to the contrary.
C. Any Preliminary Subdivision Plan approved by the City Commission after
January 1, 2005 and prior to March 1, 2010 which has not obtained approval of a Final
Subdivision Plan (for either the entire project or the approved first phase) as of March
1, 2010 is hereby granted an extension until March 1, 2012 in order to obtain approval
of a Final Subdivision Plan (for either the entire project or the approval of the first
phase) and such Preliminary Subdivision Plan shall remain approved and in full force
and effect notwithstanding the provisions of Sections 4-4.G(I)(g) and 4-5.G of Article
IV of Chapter 180 of the Ocoee City Code or any other Code provision to the contrary.
D. Any Preliminary Subdivision Plan and related Final Subdivision Plan
approved by the City Commission after January 1, 2005 and prior to March 1, 2010
which has not commenced construction as of March 1, 2010 is hereby granted an
extension until March 1, 2012 in order to commence construction and such Preliminary
Subdivision Plan and related Final Subdivision Plan shall remain approved and in full
force and effect notwithstanding the provisions of Sections 4-4.G(3) and 4-5.G of
Article IV of Chapter 180 of the Ocoee City Code or any other Code provision to the
contrary.
E. To the extent that any annexation agreements, developer agreements, or
other agreements entered into by the City conflict with the provisions of this Section 4-
12, it is the intent of the City that the provisions of this Section 4-12 shall control;
provided, however, that nothing contained herein shall be construed as extending any
other deadlines, schedules, timelines or performance obligations contained in any such
agreements.
O:\P & Z\Divider Sheets.doc
ITEM NUMBER V.
MISCELLANEOUS
A. Project Status Update
B. February Calendar
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February
Sun Mon Tue Wed Thu Fri Sat
1 2 3 Gcncral Emp. 4 5 6
City Commission Pension Board HRDB
7:15 p.m. 10 a.m. 7 p.m.
@ Comm. Chambers Police/Fire Pension @ Comm. Chambers Campaign Treasurer
1 p.m. Report Due (G2)
@ Comm. Chambers
7 8 9 Planning & Zoning 10 11 12 13
Commission Community CACOFD
7 p.m. Grant Review Board 7 p.m.
@ Comm. Chambers 7 p.m. @ Fire Station One
@ Comm. Chambers
2/16 Agenda Items 2/16 Staff Reports due
due to Cit Clerk to City Manager 2/16 Agenda Posted
14 15 16 17 18 Police 19 20
City Commission Infraction Hearing
7:15 p.m. Board 7 p.m.
@ Comm. Chambers @ Comm. Chambers
Campaign Treasurer
Report Due (G3)
Valentine s Dav President's Da
21 22 23 Code 24 Political 25 26 27
Enforcement Board Forum CACOPD
7 p.m. 7 p.m. 7 p.m.
@ Comm. Chambers @ Comm. Chambers @ Comm. Chambers
3/2 Agenda Items
due to City Clerk 3/2 Agenda Posted
28
21'\ '1 '0Ul!