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Home My WebLink About09-29-1999 *tor MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD WEDNESDAY, SEPTEMBER 29, 1999 AS LOCAL PLANNING AGENCY I. CALL TO ORDER The meeting was called to order by Vice Chairman Bond at 7:40 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Vice Chairman Bond, Members Christoefl, McKey, McNeil, Matthys, and Miller. Also present were Assistant City Attorney Formella, Principal Planner Lewis, Senior Planner McGinnis, and Administrative Secretary Dawson. ABSENT: Chairman Switzer, Member Landefeld and Member Rhodus. II. CONSENT AGENDA The consent agenda consisted of approval of Item A: ITEM A: Minutes of the Planning and Zoning Commission Regular Meeting held on S Wednesday, August 25, 1999. Member Christoefl, seconded by Member McKey, moved to approve the consent agenda as presented. Motion carried 6 -0. III. NEW BUSINESS Vice Chairman Bond, without objection, placed Item B before Item A on the agenda. ITEM B: VILLAGES OF WEST OAK, PRELIMINARY /FINAL SUBDIVISION PLAN PROJECT # LS -99 -005 PUBLIC HEARING Principal Planner Lewis presented the staff report recommending approval of the Preliminary /Final Subdivision Plan for the Villages of West Oak. He stated that although the lots were a little smaller than those currently under development in Ocoee, they are consistent with the Lake Lotta PUD Land Use Plan. He responded to the Board's questions about drainage, sidewalks, open space and brick wall construction requirements. Assistant City Attorney Formella advised the Board that any construction failure, within two years of the issuance of the certificate of completion, are covered under the developer's maintenance bond. '1r.• The public hearing was opened, and there being no comment from the audience, the public Planning and Zoning Commission Regular Meeting °v.. September 29, 1999 hearing was closed. Dick Wark, General Partner of Village Construction, responded to the Board's questions about the estimated price range for the development. He stated that the smallest house will be 1,515 square feet, the average selling price will be $138,600 with an average square footage of 1,734 square feet, and that the largest house will be 2,050 square feet. The houses are comparable in price to the Rose Hill subdivision, which is next to the Villages of West Oak. There being no comments or further discussion by the Board, Member Christoefl, seconded by Member Miller, moved to approve the Preliminary /Final Subdivision Plan of Project LS -99 -005, Villages of West Oak, including all three proposed waivers, as recommended by the staff. Motion carried 6 -0. ITEM A: THIRD AMENDMENT TO OCOEE- ORANGE COUNTY JOINT PLANNING AREA AGREEMENT (ACTING AS LOCAL PLANNING AGENCY) PUBLIC HEARING Principal Planner Lewis presented the staff report recommending approval of the proposed Third Amendment to the Ocoee - Orange County Joint Planning Area Agreement. He stated that ___ there are three proposed changes to the JPA. First, there are pocket areas in the northeastern boundary which are proposed to be added to the JPA. As originally proposed, an area on Hackney- Prairie Road was to be annexed, however, a group of homeowners has opposed annexation, so the city will not be pursuing this. Second, several areas of the southeast boundary are proposed to be deleted from the JPA. And third, there are proposed land use changes to the JPA to more accurately reflect the actual proposed uses and zoning of these sites. He further stated that the Orange County Commission unanimously voted to approve the JPA Amendment yesterday afternoon, with the Hackney- Prairie Road area excluded. Recess 8:06 p.m. to 8:21 p.m. The public hearing was opened, and Mayor Vandergrift made a lengthy presentation to the Board in opposition to the JPA Amendment. He discussed the history of the litigation between the County and the City that led to this JPA Agreement in settlement of the case. He presented photos of construction sites that are County enclaves within the City limits. He stated that due to these enclaves, new construction was being built without connecting to city water and sewer. Therefore, developers are now legally excavating septic tanks and wells next to Lake Olympia. He also stated that the West Orange Professional Center is a 28,000 square foot building that is on a septic tank and a well because it is on a County enclave within City limits. He also stated that Lowe's is in another County enclave, and that all these projects demonstrate poor planning. A lengthy discussion ensued among the Board, the Mayor and City staff. Various problems, 2 Planning and Zoning Commission Regular Meeting r, September 29, 1999 such as fire station locations and city services to county enclaves were covered. Mayor Vandergrift stated that the City services Lake Johio Shores with water because their wells ran dry, but they are concerned that the City will annex them. Vice Chairman Bond stated that when Lake Johio Shores had flooding problems and the County failed to respond, the City sandbagged the subdivision. Principal Planner Lewis responded to questions from the Board about the various issues. He stated that both the City staff and the County staff recognized that all these issues needed to be addressed. He stated that during discussions between the City staff and the County staff, it was decided that the best way to address these issues would be to handle them one at a time, with the JPA amendment being a first step. He stated that the other issues, such as enclaves and utilities, would be addressed in the future. In response to Member McKey's question as to what the Mayor proposes in lieu of the JPA Amendment, Mayor Vandergrift stated that the JPA should be treated as a JPA and not as an annexation/deannexation instrument. Member McKey asked what motion would achieve this, and Mayor Vandergrift responded that he did not know, that he was the policymaker and it was up to someone else to work out the details. fir. Member McNeil stated that he has a conflict of interest on this issue and will have to abstain from voting. Assistant City Attorney Formella stated that the amendment before the Board does two things: it changes the JPA boundaries, and changes some land uses within the JPA. She presented the board with various options for motions concerning this matter. The Board asked additional questions of staff concerning the land use changes. There was additional discussion concerning notices to property owners about the changes to land use. There being no comments or further discussion by the Board, Member Christoefl, seconded by Member Miller, moved to recommend denial of the Third Amendment to the Ocoee - Orange County Joint Planning Area Agreement to the City Commission, with direction to staff to schedule a meeting with the County immediately to address additional issues, including, but not limited to, utilities, deletion of references to the prior lawsuit, enclaves and the JPA boundary. Motion passed 5 -0, with Member McNeil abstaining. IV. OLD BUSINESS None. Now 3 Planning and Zoning Commission Regular Meeting Now September 29, 1999 V. OTHER BUSINESS None. VI. COMMENTS Vice Chairman Bond welcomed Senior Planner McGinnis to the City. Senior Planner McGinnis updated the Board on various projects. She stated that the Revised Evaluation and Appraisal was transmitted to the D.C.A., and once we are found to be sufficient, probably sometime in November, we can proceed with other items and comprehensive plan amendments. Principal Planner Lewis presented the Work in Progress Report. He advised the Commission that the only agenda item set for the next meeting on October 12, 1999 is the Ocoee Crossings Final Subdivision Plan. He does not anticipate an end of October meeting. ADJOURNMENT The meeting was adjourned at 9:31 p.m. 11f1� �<J Cc.c_l, i7h Marisa Dawson, Administrative Secretary Pat Bond, Vice Chairman *kw 4 Law Offices HOLLAND & KNIGHT LLP Atlanta Northern Virginia Boston Orlando 200 South Orange Avenue, Suite 2600 Fort Lauderdale Providence San Francisco 'ice P.O. Box 1526 (ZIP 32802 -1526) Orlando, Florida 32801 Lakeland St. Petersburg 407- 425 -8500 '99 OCT 132 21 Tampa FAX 407 - 244 -5288 Miami Washington, D.C. www.hklaw.com New York West Palm Beach JAMES H. MCNEIL, JR. 407 - 244 -1157 October 10, 1999 Internet Address: jmcneil @hklaw.com Ms. Marian Green, City Clerk City of Ocoee 150 N. Lake Shore Drive Ocoee, FL 34761 -2258 Dear Ms. Green: Enclosed please find a fully executed Form B "Memorandum of Voting Conflict" related to the September 29, 1999 Planning & Zoning Commission Meeting. Please incorporate this form in the minutes for the meeting. Very truly yours, HOLLAND & KNIGHT LLP B Y• J. res H. McNeil, r. JHM/jm Enclosure ORL1 #505576 vl Sklar FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS i..1ST NAM E —Fi T NAME —MIDDLE NAME NAME OF B ARD. COITNCIL. COMMISSION, AUTHORITY, OR COMMITTEE LING ADDRESS a 44 / ,1 1 ��I/ 444 M /�SIL4 i l �/ / � , , THE BOARD, L. COMMISSION, , 1O ITORITY OR COMMITTEE ON 7 f� WHICH I SERVE VE IS IS A A UNIT OF: CITY COUNTY 1; Y O COUNTY O OTHER LOCAL AGENCY Ocoee a°, 3q74/ NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED O (o ee ' ,/ z9 / MY POSITION IS: 7 / O ELECTIVE I VE 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 ocher 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 j st , 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 cluding 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- 1 ; 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). * * * * * * « * * * * * * 1 FI.RC T1 i) OFFICERS: 1 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 ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ,,..ou 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST �6t I, Ates "' /4.ve ,, / J7. , hereby disclose that on 25 , 19 Y9 : (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 Gel fr j es Z. /A6 4 ' by / whom I am retained; or /at 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: 2: - it Gtot,C 64=.44-- ,r7feef ar.(375 �i 6tlGd;4 /S $ SA/vf Roswif-i Cirmr}te id/7 d/y)f_ ALA ■-aridnir Date Filed S re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- s 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