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HomeMy WebLinkAboutPZ 10-27-10 Special Session MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, OCTOBER 27, 2010 CALL TO ORDER Chairman Campbell called the meeting to order at 7:01 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 Watson, Assistant City Manager Shadrix, Senior Planner Howell, and Recording Clerk T. Williams. ABSENT: Member de la Portilla was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, October 12, 2010. Vice -Chair Golden, seconded by Member Morris, moved to accept the Minutes of the October 12, 2010, Planning and Zoning Commission meeting. Motion carried 7 -1, with Member McKey opposing. OLD BUSINESS - none NEW BUSINESS Chairman Campbell read resignation letter from Member Conkling. Chairman Campbell on behalf of the board accepts the resignation letter. FOUNTAINS WEST PUD SUBSTANTIAL AMENDMENT AND REZONING Senior Planner Howell gave brief description of the project. The PUD Substantial Amendment will be the removal of Lot 7. This lot will be joined with a piece of property to the south that will be combined to create a three lot subdivision. The property will then be rezoned to "C2" which is consistent with the surrounding area. DISCUSSION Member McKey inquired if the subject property had been deeded to the city as green space. Senior Planner Howell stated the Lot 7 has always been included in Fountains West. Vice -Chair Golden inquired about waivers on the original plan and how they affect this parcel specifically. Senior Planner Howell stated they do not affect this parcel but it was asked that they carry over (stay with existing PUD) so that there is no confusion. Assistant City Attorney Watson stated some wetland mitigation will be carried over with Lot 7. Public Hearing Opened Planning and Zoning Commission Meeting October 27, 2010 Thomas Skelton was present to represent the developer. Member McKey commented on why, as a City, we are not fully developing one area prior to moving to another area and beginning development. Public Hearing Closed Vice -Chair Golden, seconded by Member Dillard, moved to recommend approval of the PUD Substantial Amendment and rezoning of Fountains West based upon staff recommendation for approval. Motion carried unanimously, with Member West declaring conflict. WEST ROAD COMMERCIAL SUBDIVISION Senior Planner Howell gave brief description of the property and planned development. He explained traffic plans and conservation area of no construction zone of 142ft. radius and 2.46 acres that will be preserved as wetland. DISCUSSION Vice -Chair Golden inquired if there will be any impact to trees at the south end of the property. Senior Planner Howell stated there will be no impact to the trees as they are included in the conservation area. Member Dillard inquired what happens if the protected species in the wetland area relocates. Senior Planner Howell stated that does not affect the no construction declaration of that area. Member McKey inquired if the radius of 142 feet was correct. Senior Planner Howell explained the permit was approved by fish and wildlife several years ago and they approved the smaller radius. Assistant City Manager Shadrix stated that due to rules and policy changes, Eagles have been taken off the endangered species list. Public Hearing Opened Jeanettee Watson spoke as the adjacent property owner and asked for clarification regarding the location of the water retention pond. She inquired if any water will drain into the existing retention pond or will it be channeled into the new retention pond. Thomas Skeleton stated all water from the new development will be routed to the new retention pond. Member McKey inquired about adding a trail head. Senior Planner Howell stated the commission can recommend a trail head but per code the Planner can not ask the developer to build a trail head. Vice -Chair Golden inquired if the plans that the board have been provided are preliminary, or if the developer is proposing to create additional wetlands. Thomas Skeleton explained that the plans have not been fully approved but the environmental consultant has met with St. John's and other field agents to establish the wetland lines and review the requirements of the district and the City of Ocoee as far as mitigation. Vice -Chair Golden inquired how many acres +- will 2 Planning and Zoning Commission Meeting October 27, 2010 be affected. Thomas Skeleton responded .12 acre of wetland will be affected. Senior Planner Howell stated that the city's comprehensive plan requires mitigation or wetland, regardless of size. Vice -Chair Golden asked if there are any other unique features to the subdivision. Thomas Skeleton explained there were none. Vice -Chair Golden inquired about sidewalks and pedestrian movement. Thomas Skeleton explained that has been taken into consideration and is included on the site plan. Member McKey inquired about the drainage easement on the property line. Thomas Skeleton explained there is a drainage pipe there. Public Hearing Closed Member Dillard, seconded by Member McKey, moved to recommend approval of the West Road Commercial Subdivision based upon staff recommendation for approval. Motion carried unanimously, with Member West declaring conflict. MISCELLANEOUS Assistant City Manager Shadrix thanked the Board for attending the special meeting. He further commented on Member McKey in preventing leap frog development and that it will be monitored. Further, commenting on upcoming discussion regarding the sell of beer and wine as it relates to the CRA. Member West thanked the Board for attending the meeting; also stating he would like to see a trail head installed but it is dependant upon who develops in that area. ADJOURNMENT The meeting adjourned at 7:34 p.m. Attest: APPROVED: IF Tisha Williams, Recording Clerk Bradley Campbell, Chairman FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST . AME—FIRST NAME— MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHQRITY, OR M WTTEE t' - ' 1 0/ 1t4 1 hla 4/ pi/Hod/WI . 2 d 20A//A/ C ©14+/t MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY O COMMITTEE ON C ITY 4/4 (� i , /l / C � ca CO I SERVE iS A OF: UNTY ❑OTHER LOCAL AGENCY C' , i 0 e , J 9 /, ;� jA NAME OF POLITICAL SIJBDMSION: DATE ON WHICH VOTE CURRE C v J /0 /0 ) Id �tYP0.SITIONIS: ❑ ELECTIVE )1Ic 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 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). * * * r t , F.T.F.CTED 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. * * * * * * * * * * fe * * * * * APPOINTED OFFICERS: 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 A'rr MPT 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 88 - 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. 1n) DISCLOSURE OF LOCAL OFFICER'S INTEREST I, / � ` %— , hereby disclose that on s? rte .1e9/0 . (a) A / measure came or will come before my agency which (check one) V 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. (bl The measure before my agency and the nature of my conflicting interest in the measure is as follows: 11-4 ' / 140 ti Date Filed 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 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 - REV. 1/95 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST N ME -FIRST NAM MIDDLE NAME ' N AME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE 4 '11�i� -h�S , /1 <v Pll V ttl.l � ; MAILING ADDRESS , T HE BOAR COUNCIL. COMISSION, AUTHORITY OR C1MITTEE ON 3 L 5 6 o g � , /4 l WHICH I SERVE IS A UNIT OF: CITY ~/ CO UUUUNNNNTTT ' I CITY D COUNTY O OTHER LOCAL AGENCY V 6 0 e e_ 0 ) 4 J C ( EN I AME OF POLITICAL SUM BDSION: DATE ON WHICH VOTE OCCURRE 1 G' - �/ . fx \ / MY POSITION IS: (0/..1- 7 ( D ELECTIVE K 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 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 -voce 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. * * * * * * * * * * * * * * * * • APPOINTED OFFICERS: 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 A'1'1'EMPT 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 88 - REV. 1/95 PAGE 1 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 I, L) , hereby disclose that on , 19--- (a) AA measure came or will come before my agency which (check one) Y 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: jteetkk„ e.;14.1a..e,45( 12A-e ,b-Lt4/to 0.--- • • 70A) e) Date Filed 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 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. GE FORM 88 - REV. 1/95 PAGE 2