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HomeMy WebLinkAboutPZ 09-14-10 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, SEPTEMBER 14, 2010 CALL TO ORDER Chairman Campbell 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 Campbell, Vice Chair Golden, Members Dillard, McKey, Morris, Sills, and West. Also present were Assistant City Attorney Rosenthal, Development Services Director Shadrix, Principal Planner Fabre, Principal Planner Rumer, Recording Clerk Williams and Deputy City Clerk Sibbitt. ABSENT: Member Conkling was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, August 10, 2010. Vice Chair Golden, seconded by Member Sills, moved to accept the Minutes of the Auqust 10 2010, Planning and Zoning Commission meeting. Motion carried unanimously. Member McKey inquired about the findings of Sr. Planner Howell in regards to the tree mitigation bank as it pertains to the City of Ocoee and the Stor Kwik — Large Scale Preliminary / Final Site Plan. OLD BUSINESS — none. NEW BUSINESS PARK SQUARE ANNEXATION & REZONING Principal Planner Fabre gave a brief overview of the proposed annexation and rezoning. The parcel is currently vacant and the owner does not have any plans for development at this time. The proposed residential land use is consistent with the existing Future Land Use designation. The land owner has been made aware that an abandoned residential structure will be demolished prior to annexation. Planning and Zoning Commission Meeting September 14, 2010 DISCUSSION Vice Chair Golden inquired as to why the land owner wants to be annexed into the city. Principal Planner Fabre stated the land owner made comment that the coordination for development will be simpler with the city versus dealing with Orange County. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Vice Chair Golden seconded by Member McKev, moved to recommend approval of the annexation and rezoning for Park Square, a 17.17 + /- acres. Motion carried unanimously. CITY OF HOPE CHURCH SPECIAL EXCEPTION Principal Planner Fabre stated the reason for the special exception. The church proposes to occupy space inside a shopping center which is currently zoned "commercial." More specifically, the proposal is for occupancy of two adjacent storefront units located on the north side of the shopping center which will be converted into one space. Principal Planner Fabre has spoken with the management company regarding the land use and potential infringement on establishments coming into the shopping plaza if the special exception passes and the management company is agreeable to the church in the shopping plaza. Also, if the church moves out of the shopping plaza the "special exception" becomes null and void. DISCUSSION Chairman Campbell reiterated that the management company is aware and agreeable with the potential infringements on establishments coming into the shopping plaza that want to serve alcohol if the special exception passes. Principal Planner Fabre restated his first comment on the matter. Member McKey inquired to how the special exception affects the existing land owners and future land development for surrounding owners up to 1,000 feet. Principle Planner Fabre commented there are some exemptions to the Land Development Code concerning the alcohol ordinance. Member West inquired if this matter has been addressed in the past. Attorney Rosenthal stated it was similar but only in the PUD approval process. Further, the "special exception" is not retroactive. Member Morris inquired if the existing restaurant served alcohol; and yes, it does. Vice Chair Golden inquired as to the notice radius in granting a "special 2 Planning and Zoning Commission Meeting September 14, 2010 exception" and that the radius should be increased from 300 to 1,000 feet. Chairman Campbell agreed that in the future they should review getting the notice radius increased but not at this time. Attorney Rosenthal suggested the Board make a recommendation to an amendment to the Land Development Code. The Public Hearing was opened. Pastor David Young spoke in regards to the usage of the space by the church. Member McKey inquired if the church had any challenges with the current establishment serving alcohol beverages. Vice Chair Golden inquired as to the current number of parishioners and projected increase. Pastor Young stated they currently have between 25 -35 parishioners currently in attendance but expect that number to increase with the new location close to Citrus Elementary. Pastor Young stated they are currently seeking teenage members and that is where their current focus lies. Vice Chair Golden inquired about outside activities and outreach. Pastor Young commented they do not currently have any events planned. Vice Chair Golden inquired about renovations to the space and adequate safety measures for the space. Pastor Young stated they do have an engineer and there will be some small renovations to the space and measures taken to ensure safety. Public hearing closed. Vice Chair Golden made comment for the record that he is not in favor of churches utilizing commercial space and the impact on the surrounding land owner's uses. He suggested a community meeting for the surrounding land owners. Attorney Rosenthal stated this should be done separately as it is suggesting an amendment to the Land Development Code. Chairman Campbell requested that this be added to the agenda for next month under old business for further discussion. Member Dillard, seconded by Member McKev, moved to recommend approval of the Special Exception for City of Hope Church. Motion carried unanimously. WEST PROPERTY SMALL SCALE COMPREHENSIVE PLAN AMENDMENT Member West declared conflict as he is the owner of said property. Principal Planner Rumer explained this property has come before the Board previously as part of a Large Scale Comprehensive Plan Amendment but did not proceed after the Planning and Zoning Commission Meeting. The other subject properties did; however, receive a Large Scale Comprehensive Plan Amendment from Orange County with Ocoee's support. This Small Scale Comprehensive Plan 3 Planning and Zoning Commission Meeting September 14, 2010 Amendment will amend the land use of the final 8.89 acres; classifying the subject parcel of land from "Low Density Residential" to "Light Industrial." Attorney Rosenthal stated the property becoming part of a PUD is the long -term plan contingent upon other parts coming together; however that is not guaranteed. The property is currently vacant, has adequate water and sewer facilities available, and as part of the annexation agreement has stipulations for road improvements as the property begins development. DISCUSSION Vice Chair Golden inquired about the apartment complex "The Victory" which is zoned residential surrounded by industrial uses. Principal Planner Rumer stated buffering will be required. Member McKey inquired about the PD- Orange County marking. Principal Planner Rumer informed that it was part of the Large Scale Amendments. Member McKey further inquired if the other parcels will eventually be brought into the city. Attorney Rosenthal stated how all of these things are going to be corrected or made available with approval of the E.A.R. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Member Sills seconded by Member Morris, moved to recommend approval of the West Property Small Scale Comprehensive Plan Amendment. Motion carried with Member West abstaining. EVALUATION & APPRAISAL REPORT Development Services Director Craig Shadrix gave a brief overview of the EAR and how it is going to benefit the city with a focus on connectivity, revitalize neighborhoods, and closely looking at critical issues. The approach is to look at the impact the existing Comprehensive Plan has had in relevance to the identified critical issues. The six key issues are: community character and design, transportation connectivity, utility infrastructure, mixed use employment commercial centers, neighborhood revitalization and housing, and conservation. With money being a limited factor, the EAR is to create a framework that will be worked over a long -term horizon. The EAR is not to be viewed as an overhaul to the comprehensive plan but more as a growth document. The EAR is the first of several steps and will be seen before the Planning and Zoning Commission again. The document has to be transmitted to the Department of Community Affairs and be heard by the City Commission. Development Services Director Shadrix gave thanks to his staff for their hard work and dedication to getting this project underway. 4 Planning and Zoning Commission Meeting September 14, 2010 DISCUSSION Chairman Campbell stated he would have liked to have the document sooner but understands the work that goes into creating a document of this nature. He further recommended that the Board take the time to review the document over the next couple of days and if they have any concerns to bring them to the City Commission Meeting. Member West commended Development Services Director Shadrix and his staff for their hard work. Vice Chair Golden also commended Development Services Director Shadrix and his staff further stating the EAR is going to assist the city in getting things done and moving forward. Development Services Director Shadrix stated how the city's JPA is constantly being recognized during conversations with other individuals and government agencies. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Member West, seconded by Member McKey, moved to recommend approval of the Evaluation and Appraisal Report. Motion carried unanimously. 16 JOINT PLANNING AREA AMENDMENT LARGE SCALE COMPREHENSIVE AMENDMENT Member West declared conflict due to item involves his property. Principal Planner Rumer explained this amendment is to include the 16 Amendment to the Joint Planning Area Amendment into the Comprehensive Plan. As the Joint Planning Area Agreements were being approved, the Comprehensive Plan was not being updated. This Large Scale Amendment will include changes to the Future /Existing Land Use Map, Intergovernmental Coordination Elements and the Existing Land Use Map to conform to the Orange County Comprehensive Plan Amendment, Ordinance 2010 -007. This amendment will designate all parcels as "Light Industrial." Attorney Rosenthal stated why they started at the 16 Plan Amendment and separated it from the others. The 16 Amendment parallels the Comprehensive Plan Amendment in which Orange County recently passed for the adjacent properties in an effort to expedite the approval with the Department of Community Affairs. DISCUSSION none The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. 5 Planning and Zoning Commission Meeting September 14, 2010 Vice Chair Golden, seconded by Member Dillard, moved to recommend approval of the 16 Joint Planning Area Amendment Large Scale Comprehensive Amendment. Motion carried with Member West abstaining. PAST JOINT PLANNING AREA AMENDMENTS AND FUTURE LAND USE MAP CLEAN -UP Principal Planner Rumer gave a brief overview of how approving this amendment will update the other JPA Amendments five through fifteen as well as the Future Land Use Map to conform to the JPA, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update. DISCUSSION Member Dillard inquired how many acres of property have been annexed since 2002. Chairman Campbell inquired if any costs have been incurred for the city waiting to do this clean -up. Attorney Rosenthal stated there is no rule that establishes a certain amount of time; however, it should have been done. Member de La Portilla inquired as to property owners being annexed into the city. Principal Planner Rumer gave findings that 628 acres have been annexed into Ocoee since 2002. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Member West, seconded by Member McKev, moved to recommend approval of the Past Joint Planning Area Amendments and Future Land Use Map Clean -Up. Motion carried unanimously. TEXT AMENDMENTS Development Services Director Shadrix gave a brief overview for the amendment to the Comprehensive Plan in order to amend the definition of floodplains allowing an alternative basis for determining the location of 100 -year flood plains for implementation purposes of the Ocoee Comprehensive Plan. DISCUSSION Member McKey inquired if the amendments will raise or lower the flood plain line. Attorney Rosenthal responded and stated neither; the FEMA Map and Basin study does not reflect the same information. Further explanation by Attorney Rosenthal continued. Vice Chair Golden inquired if the City could use their own Basin study or do they have to rely on the FEMA map. Attorney Rosenthal 6 Planning and Zoning Commission Meeting September 14, 2010 advised not at this time until the amendments have passed and the clean -up is complete. Development Service Director Shadrix advised that to his knowledge, the Basin studies were never approved by the City Commission. Vice Chair Golden stated Ocoee should be allowed to do a self study. Development Services Director Shadrix advised there is currently a collection of drainage data to propose amendments to the FEMA flood maps. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Vice Chair Golden, seconded by Member Dillard, moved to recommend approval of the Text Amendments. Motion carried unanimously. MISCELLANEOUS Chairman Campbell asked for an update on the Project Status Report or September Calendar. Development Service Director Shadrix he will try to get Wheeler to provide a status briefing in the next meeting. Member Mckey made mention to the great job with the Farmer's Market. ADJOURNMENT The meeting adjourned at 8:31 p.m. Attest: A ROV D Tisha Williams, Recording Clerk a radley Campbell, Chairman V, C. FORM 8B ME ORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS i.A:S)T,N\IE—TIRST*4A-MW,\ftl[D NIUME .14AME OF BOARD, COUNCIL, C_�MMISSION, AUTHORITY , , OR CONLMITTEE 6�1 rA 0 14^1- ift I rN .MA41LIADII)RESS THE BOARD, COUNiCIL, 0 MMISSION, AUTH(AITY OR COMMITTEE ON W CH I SERVE IS A UNIT OF: CITY OUNTY ZITY 0 COUNTY 0 OTHER LOCAL AGENCY, Y-J� NAME OF PO CAL SUBDIVISION- llti'ln j) iYl4Z oh �L DATE ON WHICH VOTE OCCURRED MY POSITION It: I q '. J () 10 a ELECTIVE -)�APP( IIVE M1061ifillPts:1144•ViTiff-IM 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. 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 measure 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 pro- hibited 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 minutes of the meeting, who should incorporate the form in the minutes. You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, 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. • -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. CE FORM 8B - REV. 1/95 PAGE 1 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST J 4616 hereby disclose that on y �t- '19- C (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me, (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed ZVI-- Sign re • UNDER PROVISIONS OF O•IDA STAT=S §112.317, A FAILURE TO MAEE ANY REQUIRED DISCL• SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EM-?LOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - REV. 1/95 PAGE 2 ­4­1 -4- -tern IV FORM 8B MEM-ORANDUM OF VOTING CONFLI& FOR - COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS !.AbT.%\JME—FIRST N,VMF DLEN ME NAME OF BQTD OR COMMITTEE COUNCIL. COMM;SSION, AUTHORITY, 11-Pri V 3 �THEFBOA MAILIVA'I . . I D R W � RDCOUNCIL,CO FSS 0 AUTHORITY. R COMMITTEE ON 7H I SE VE IS A UNIT OF. ENCY T CITY COUNTY ITY 0 COUNTY Q OTHER LOCAL AG "lw-v 1^1 XME OF POLITICAL SUBDIVISION: DATE 0 WH17 VOTEJOCCURRED MY POSITION IS: 0 ELECTIVE APPOINTIVE 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. 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 measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained kincluding 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 pro- hibited 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 minutes of the meeting, who should incorporate the form in the minutes. You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, 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. - A copy of the form must be provided immediately to the other members of the agency. I • The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - REV. 1/95 PAGE 1 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. DISCLOSURE OF LOCAL OFFICER'S IN RE T e) e R 4, hereby disclose that on 19— (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: V0 N I =, Ile '_Tm i" ')A Date Piled Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR NfORE 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. GE FORM 8B - REV 1/95 PAGE 2