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HomeMy WebLinkAbout04-12-2016 Minutes Mayor Commissioners Rusty Johnson John Grogan, District 1 401r Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank Joel F. Keller, District 4 ocoee florida PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MINUTES April 12, 2016 I. CALL TO ORDER - 7:05 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chairman McKey, Vice-Chairman Marcotte, Member Dillard, Member Sills, Member West, Member de la Portilla (arrived at 7:30 pm). Also present were City Planner Rumer, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. Absent: Member Keethler. C. Elections - Chairman McKey announced that Member Briggs has resigned from the Board. - The consensus was to hold off elections until the next meeting on June 14, 2016. II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held March 8, 2016. Motion for Approval of Consent Agenda: Moved by Member Dillard, Seconded by Member Marcotte; Motion carried unanimously 5-0, 7:08 pm III. OLD BUSINESS — None Planning and Zoning Commission Meeting April 12, 2016 IV. NEW BUSINESS A. Silver Star Road - Public Hearing Principal Planner Fabre —Annexation & Rezoning City Planner Rumer announced that the Applicant requested this item be moved to an undetermined future date and mentioned this item will be re-advertised and updated notices will be sent out. Motion: Move to continue the Annexation, PUD Rezoning and Land Use Plan for the parcel of land known as the Silver Star Road Property to an undetermined future date; Moved by Member Sills, Seconded by Vice-Chairman Marcotte; Motion carried unanimously 5-0. 7:10 pm B. Ocoee West Road Charter School — Public Hearing City Planner Rumer — Preliminary/Final Site Plan Attorney Crosby-Collier advised the Board that Code requires five (5) members be present and voting. Currently five (5) members are present, but Member West will be abstaining from this vote. A consensus was made to continue the meeting to "Miscellaneous — A. Project Status Report" in an effort to see if another member makes an appearance. (Agenda was heard out of order— See "Miscellaneous - Project Status Report"below.) (7:30 p.m. - Member de la Portilla is now present) City Planner Rumer presented a summary of the subject property, which is located on the north side of West Road and west of SR 429 and adjacent to the West Orange Trail with a 73 foot power line easement located along the eastern property line. The overall parcel is 10.49 acres in size. The subject site is comprised by two (2) parcels identified as Parcel ID Numbers 06-22-28-2856-00-010 and 06-22-28-0000-00-046. The proposed Ocoee West Charter School is located on Parcel 2 of the Arbours at Crown Point PUD. The Arbours at Crown Point PUD is a mixed use commercial PUD with two (2) lots. Lot 1 is the Arbours at Crown Point Apartments. The Ocoee West Road Charter School received PUD rezoning approval on March 15, 2016. The proposed Ocoee West Road Charter School consists of a two-story, 68,000± square foot K-8th grade charter school. The campus will consist of a single school building with associated Tot Lot, basketball court, and a sports field. The recreation fields will not be lighted. Stormwater retention will be located on the west side of the property. Access to the site will be provided via the right in/out located on West Road and a second access on Fountains West Boulevard, which the name will be changed to Fountain West Boulevard. The subject site does not contain environmental areas such as wetlands or 100 year flood 2IPage Planning and Zoning Commission Meeting April 12, 2016 plain. Also, the site does not contain any of the Wekiva Study Area environmental indicators such as "A" soils, karst features or sensitive habitat. City Planner Rumer indicated that the plan has been revised to show access on to Fountain West Boulevard, which is intended to be an exit only and not an entrance to the school. The traffic study, which was reviewed by Orange County and the City, did not indicate a need for a traffic light at this time. Orange County will not put in a traffic light until the warrant is met. Development Review Committee Recommendation: The Development Review Committee (DRC) met on April 5, 2016, and reviewed the Preliminary/Final Site Plan for Ocoee West Road Charter School. Staff discussed technical drainage and road design issues to be addressed from the City's Engineering Division. When the discussion was finished, the DRC voted to recommend approval of the Preliminary/Final Site Plan, subject to the resolution of the remaining staff comments. Staff Recommendation: Based on the recommendation of the DRC, Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Site Plan for Ocoee West Road Charter School, subject to resolving any remaining staff comments before the City Commission meeting. Discussion: Member Sills inquired if the recreation field will use reclaimed water. City Planner Rumer explained they have reclaimed water for landscaping, but he is not sure if it will be on the field. Member Sills asked who pays for the traffic light, which City Planner Rumer indicated when it is warranted, Orange County and the applicant. Chairman McKey inquired if there has been land added to the parcel since the last meeting, which City Planner Rumer answered in the negative. Chairman McKey asked what entity provides them with water and sewer, and City Planner Rumer explained Orange County provides the water/sewer for this property and also described the Orange County water/sewer t, territory. Applicant Todd Lucas with Summit Construction informed the Board that they did have two or three meetings with Orange County about the traffic light, because it was a big concern. Because Orange County does not want a traffic light, Summit Construction agreed to three different Traffic Signal Warrant Analyses at their expense to determine when and if it would be justifiable to install a traffic light. Mr. Lucas explained the school likes to install AstroTurf instead of sod on their fields and indicated this application works well with the drainage on this site. Mr. Lucas mentioned that because this is a public school there are no fees; however, the school would like to give back to the community and contribute a payment in lieu of taxes to the City of Ocoee. 3 Page } Planning and Zoning Commission Meeting April 12, 2016 } Chairman McKey inquired if the school will be providing police to direct traffic, if needed. Mr. Lucas explained they agreed at the public hearing and it is written in the agreement that the school at their expense will provide an off-duty officer to control traffic if it is deemed necessary. Chairman McKey inquired if the City is in agreement with the use of AstroTurf. City Planner Rumer indicated that the City is fine with it. The public hearing was opened and closed with no speakers. Member West declared a conflict of interest and will not be voting. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Preliminary/Final Site Plan for Ocoee West Road Charter School at Arbours at Crown Point PUD, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Sills, Seconded by Member de la Portilla. 8:03 pm Member de la Portilla inquired if this will be heard at the City Commission meeting; and if so, when? City Planner Rumer indicated it will be heard at the April 19, 2016, meeting. Member de la Portilla asked if the applicant intends to have the school complete in time for the start of this next school year in August. City Planner Rumer answered that the City hopes to be able to make that happen. Vote: Motion passed 5-0 with Member West abstaining, to recommend to the Ocoee City Commission approval of the Preliminary/Final Site Plan for Ocoee West Road Charter School at Arbours at Crown Point PUD, subject to resolution of the remaining staff comments before the City Commission meeting. Yes: Chairman McKey, Vice-Chairman Marcotte, Members Dillard, Sills, de la Portilla. Abstain: Member West. V. MISCELLANEOUS A. Project Status Report - City Planner Rumer updated the Board on the northern Arden Park Development, which has four model homes by Standard Pacific and Ryland Homes. The plat is going before the City Commission on April 19, 2016. McCormick Reserve will soon receive their Certificate of Completion, which is a Ryan homebuilder project, and, with this development, the Clarke Road extension will be built. The Oak Trail Reserve development is going before the City Commission on April 19, 2016. The Ocoee Pines subdivision is west of Arden Park North and abuts up to the golf course with homes built by Surrey Homes and Ryan Homes. Pulte is building 44 homes in Crown Pointe Cove. City Center West Orange will be finalized with the 4IPage Planning and Zoning Commission Meeting April 12, 2016 development agreement and site plan for construction on May 3rd. Discussion ensued about City Center West Orange. City Planner Rumer discussed assisted living facilities (ALFs) within the city. He described Legacy Lifestyle Senior Housing, which is proposed to go where the former All Sports was approved. He stated that the applicants are assuming the application with a name change. Currently there are two separate studies being conducted and one getting ready to start with a consultant. There is the Downtown Master Plan study, a small area study in the area of Maguire at the Ocoee Business Park, and there is a moratorium in effect, which entails the 429. Discussion ensued regarding the moratorium, the 429 corridor and the Tri-City area. City Planner Rumer discussed the Downtown Redevelopment Project. He indicated to the Board that Bluford Avenue will continue to be under construction for a while longer. The next construction phase is Delaware Street to McKey Street. B. April Calendar VI. ADJOURNMENT - 8:22 pm ATTEST: APPROVED: _dap ejais-4 a y H ard, Recording Clerk Rob McKey, Chairman 5IPage i FORM 8B MEMORANDUM OF VOTING CONFLICT FOR . COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST N ME—FI T NAME—MI DLE NAME NAME OF OARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE as OR,-5 H(14A/ Off-Ah '!A1 f ---.0•0/./0-62- e0 Plitid 5..ow MAILING ADDRESS THE BOARD,COUNCIL, MISSION,AUTHORITY COMMITTEE ON OU C U 000 0 4r6 j3 ; ,'^��/� f>f�l i�,l ,t�ys WHICH I SERVE ISA UNIT OF: CITY �J�Jq L� /COIUNTY (j/�✓� CITY ❑COUNTY ❑OTHER LOCAL AGENCY Q0 e- NAME OF POLITY,SUBDIVISION: DATE ON WHICH TE A ��ED T' G-- MY POSITION IS: ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B 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 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 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 would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than'a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a 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(CRAs)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 minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: • A Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating 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: f • 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 page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. 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 irrthe 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 /,oI, D s ( e5 hereby disclose that on ��� i /411) ,20 /(p (a)9 measure came or will come before my agency which(check one or more) 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 subsidiary,or sibling 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: ,C1141)/(_ *1AR ifikOrP241 444,;,to fli14:14ejtt41 /tat ett.- //1 l t If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. -- -LALA /701itiA' Gam' Date Filed Signature i I 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, i 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.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. i