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HomeMy WebLinkAbout09-11-12 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, SEPTEMBER 11, 2012 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, Member McKey, Member Sills, Member Dunn, Member de la Portilla, Member Dillard, Member Morris and Member West. Also present were City Planner Rumer, City Attorney Cookson and Recording Clerk T. Williams ABSENT: Member(s): Marcotte (NE) CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, August 14, 2012. Member West seconded by Member Sills, moved to accept the minutes of the August 14, 2012, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS RAYNOR SHINE RECYCLING SOLUTIONS - PRELIMINARY / FINAL SITE PLAN City Planner Rumer briefed the board on the project and gave history of the site. Currently Raynor Shine is operating as a yard waste, land clearing debris recycling facility. There was a previous development agreement approved in 2003 by the city commission which provided the conditions for developing the property, and a subsequent site plan for West RV and Boat Storage which was also approved in 2008. The West RV and Boat Storage approval in 2008 included some waivers to the conditions of the development agreement in 2003, such as, running sewer to the property, closing in the storm water pond along Ocoee - Apopka Road, providing a right turn lane on Ocoee - Apopka Road. In 2012 operator Tony Raynor approached the about a recycling waste facility on the site under 200 cubic yards which did not require a permit under the Orange County Solid Waste Environmental Protection Development (EPD). In 2010 he received a small scale site plan approval with a limit of 200 cubic yards on -site. He is now seeking a large scale site plan approval through Orange County which requires city approval as well. Staff is working in conjunction with Orange County in approving this large scale site plan approval with green waste, which means the site can be cleaned and back to its original state within a few days. Staff is also recommending approval with the current waivers of West RV and Boat storage still in place. Planning and Zoning Commission Meeting September 11, 2012 The operator has received a permit from Orange County to add a driveway onto Ocoee - Apopka Road and they provided a vegetative landscape berm. As part of the new large scale permit they will be required to install some fire hydrants and make storm water improvement to the rear of the property. With the large scale sight plan permitting they will be allowed to go over the 200 cubic yards. Staff is also conditioning approval that if the property changes ownership the previous waiver conditions will be required and they must receive approval from Orange County. Vice - Chairman McKey inquired if the 200 cubic yard is a maximum per day amount. City Planner Rumer stated it is a per day maximum. With the approval of this large scale site plan their maximum will be 10,000 cubic feet stored on property. Vice - Chairman Mckey asked if there will be any traffic increase. City Planner Rumer stated the traffic pattern will be minimally affected. Member Dillard asked about the comments made by Orange County outside what has been presented to the Planning and Zoning Commission. City Planner Rumer stated there are none. Public Hearing — Opened Jim Golden, Engineer spoke briefly about the project site plan and the efforts taken by Tony Raynor, Operator and Tom West, Land Owner to be a good neighbor. The site will undergo regular inspections by Orange County EPD. Member Sills inquired about the procedures for extinguishing a fire on property as it was not clearly stated in the site plan application. Mr. Golden responded saying they evaluate the situation and determine if the fire department needs to be contacted. Vice - Chairman McKey inquired if the increased capacity requires new standards of environmental protection in the unpaved area. Mr. Golden stated the increased capacity does not affect the environmental protection requirements. Mr. Raynor, Applicant approached the podium and spoke in reference to the concerns of the commission. He stated the employees have been trained in spillage containment, as well as they have installed a buffer zone and silk fence to keep the water from draining into the retention pond. For fire safety they have their own fire truck on property and have been trained in fire extinguishing. If the fire cannot be quickly extinguished they will contact the Ocoee Fire Department. 2 Planning and Zoning Commission Meeting September 11, 2012 Vice - Chairman McKey inquired about the noise level for the machine they operate on property. Mr. Raynor stated they provided the city with a noise level study. Vice - Chairman McKey inquired about the decibel numbers? Mr. Raynor stated he does not have that information with him. Kevin Keller, Resident stated he is concerned with the traffic pattern on this small road, there needs to be structural improvements to include right turning lanes, traffic signals and so forth. Chairman Campbell advised Mr. Keller he may also have his voice heard at the Orange County meetings. Chairman Campbell stated they will be voting on the large scale site plan and land use based upon the city's code. Orange County will then vote on the facility. If Orange County votes against the larger facility they cannot move forward as they will not have a solid waste permit. Public Hearing — Closed City Planner Rumer stated through the Orange County development review process they will be examining the traffic pattern. Member Sills seconded by Member Mc Key, moved to approve the preliminary final /site plan; conditioned on approval of the solid waste permit from Orange County recommendation to the City Commission for approval. Motion carried unanimously. MISCELLANEOUS Project Status Report City Planner Rumer stated they approved the site plan for McDonalds on West Road, Lexington Park approved for construction on west side of Clarke Road and getting close to approving the Dollar General store on west side of Silver Bend and Silver Star Road, ADJOURNMENT The meeting adjourned at 7:53 p.m. Attest: APP ; OVED: I , // Tisha Williams, Recording Clerk Bradley Campbell, Chairman 3 COUNTY,FORM 813 MEMORANDUM OF VOTING CONFLICT FOR AND OTHER LOCAL PUBLIC OFFICERS MUNICIPAL, LAST NAME -FIR T NAME -MI DLE NAME N� MRAl pF�� BOAR . UNCIL, COMMIS )N, AUTHORITY, OR COMMITTEE . j—jl� , , f t'�f / � ! 'L/ C t" l L�C`CaC' i�'/ i/ �/t!` Cl /f MAILING DDRESS V THE BOARD, dOUNCIL, COMMISSION, AUTHORITY OR OMMITTEE ON o WHICH I SERVE IS A UNIT OF: (CITY Cl COUNTY El OTHER LOCAL AGENCY CITY C) / C_ ( /+/ I NAME OF POLITICAL �ByDIVISION: DATE ON WHICH VOTE OCCU D � !� r �� / / MY POSITION IS: ❑ 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. 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 813 - 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. DISCLOSURE OF LOCAL OFFICER'S IN ERE T I, ��/ / / (' f �y t d �✓ hereby disclose that on % 20: (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 whom I am retained; or by 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: l'Ir_l C _ y (.� li"�l�ie.'✓l� j (.�� �! � 1 /�.,(L.l�L C Date Filed r i fn Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 8B - EFF. 1/2000 PAGE 2