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HomeMy WebLinkAbout06-14-2016 Minutes Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 Ig#1, 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 June 14, 2016 I. CALL TO ORDER - 7:00 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chairman McKey, Member de la Portilla, Member Dillard, Member Evans, Member Keethler, Member Richemond, Member Sills, Member West. Also present were City Planner Rumer, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. Absent: Vice-Chairman Marcotte. Chairman McKey introduced and welcomed new Members Merissa Evans and Dr. Donel Richemond. The new members gave a brief description of their education and expertise. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON Member West, seconded by Member Keethler, nominated Rob McKey for chairperson for a term ending February 2017. Motion carried unanimously. 7:04 pm Member Dillard, seconded by Member Keethler, nominated Don Marcotte for vice- chairperson for a term ending February 2017. Motion carried unanimously. 7:05 pm Planning and Zoning Commission Meeting June 14, 2016 II. CONSENT AGENDA 7:06 pm A. Minutes of the Planning and Zoning Commission Meeting held April 12, 2016. B. Complete Streets Savvy Presentation — Becky Afonso, Florida Bicycle Association. C. Ocoee Crown Point PUD Phase 2A Final Subdivision Plan. (City Planner Rumer) Member Keethler indicated he has some questions about the Ocoee Crown Point PUD Phase 2A Final Subdivision Plan. Chairman McKey announced they will pull it for discussion. Consent Agenda Motion 7:06 pm Motion: Move to accept the Consent Agenda Items with Ocoee Crown Point PUD Phase 2A Final Subdivision Plan being pulled for discussion and separate consideration. 7:59 pm Moved by Member Keethler, Seconded by Member de la Portilla; Motion carried unanimously. Presentation 7:06 pm B. Complete Streets Savvy Presentation — Becky Afonso, Florida Bicycle Association. Becky Afonso, executive director of the Florida Bicycle Association, gave a PowerPoint presentation regarding the role bicyclists play within the Complete Streets Policy that the Florida Department of Transportation (FDOT) recently adopted. The Florida Bicycle Association is a state-wide non-profit, 501(c)3 organization whose mission is bicycle education and advocacy. Consent Agenda Item — Pulled from Consent for Discussion 7:26 pm C. Ocoee Crown Point PUD Phase 2A Final Subdivision Plan. (City Planner Rumer) City Planner Rumer presented a summary of the subject property, which is located on the west side of Ocoee Apopka Road and situated along Ocoee Crown Point Parkway and approximately 57.93 acres of which 12.63 acres are identified as stormwater and currently undeveloped with mostly planted pine trees and species of oak trees, which are located throughout. The Ocoee Crown Point PUD Phase 2A FSP is a residential subdivision that proposes a total of 150 single-family residential lots with minimum residential lot standards of (70) 45 feet by 124 feet, (67) 55 feet by 124 feet and (13) 75 feet by 124 feet. The setbacks for the front are 10 feet unless there is a porch, which is allowed five (5) feet. The rear setbacks are 20 feet, side 2IPage Planning and Zoning Commission Meeting June 14, 2016 setbacks are five (5) minimum, and all corner lots within the development will be required to maintain a 10 feet setback from the side streets. All streets within the Ocoee Crown Point PUD Phase 2A will be private and gated, with the road network contained in tracts to be owned and maintained by the homeowners association. Phase 2A will have one main access point until Phase 2B develops and constructs a second access point at Ocoee Crown Point Parkway as indicated in the PUD. The main access point will be located on the western portion of the roundabout. The Ocoee Crown Point PUD Phase 2A FSP proposes a 6' (ft.) high decorative fence with columns along the portions of the development that front Ocoee Crown Point Parkway. Along the northern property boundary will be a 6' (ft.) high PVC fence, which will be provided per PUD requirements. The decorative fence and PVC fence will be provided in tracts that will be owned and maintained by the homeowners association. The Ocoee Crown Point Phase 2A FSP proposes several amenities such as a .88 acre playground with benches, fitness equipment, shade structure, and asphalt trail. The other major amenity that will be provided is a walking path in the upland trail tract adjacent to Lake Apopka. Potable water and sewer services will be provided by Orange County. The City of Ocoee will provide solid waste services, reuse water, police and fire protection. The Applicant has requested no Waivers from the Land Development Code for this project phase. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On June 6, 2016, the DRC met to determine if the proposed Final Subdivision Plan was consistent with the City's regulations and intent for the sale of land. The Development Review Committee voted unanimously to recommend approval of the Final Subdivision Plan, subject to resolving the remaining staff comments. STAFF RECOMMENDATION: Staff respectfully recommends that the Planning & Zoning Commission recommend approval of the Final Subdivision Plan for Ocoee Crown Point PUD Phase 2A, subject to completion of staff comments. Discussion: 7:30 pm Member Keethler asked who is going to build the roads from the entrance to the gate. City Planner Rumer indicated that the developer is constructing the roads from the cul-de-sac on and will install the gate, and also verified that there are ponds on the north side. Member Keethler inquired about the type of wall that will be installed alongside the road. City Planner Rumer explained that in one area it will be PVC fencing, but alongside Ocoee Apopka Road it is planned to be an iron decorative fence with columns and landscaping. 3IPage Planning and Zoning Commission Meeting June 14, 2016 Member Keethler asked what is being approved in the Final Site Plan (FSP) that has not been approved as of yet. City Planner Rumer explained the FSP is approving the stormwater retention calculations, the permit from St. Johns River Water Management, road types/widths, the technical side of the subdivision. Member Keethler inquired what will happen to the waterfront park area in the upcoming development. City Planner Rumer stated the City-owned properties will remain in ownership by the City, but as part of the contract Mattamy has paid the City $250,000 earmarked specifically for the park; and further, current capital improvement programs are not planned at this time. He indicated there is an existing permit to dredge for a non-motorized boat ramp. 7:36 pm Member West declared a conflict of interest and will be abstaining from voting. Member Keethler asked if there will be overflow parking, because he commented the driveways are very short. City Planner Rumer advised the Board that the driveways are 20' (ft.) and the garages are 20' (ft.). Member Keethler asked if the homes are 10' (ft.) apart. City Planner Rumer answered they are 10' (ft.) apart with a minimum of 5' (ft.) setback. Member Sills expressed the 45' (ft.) lots seem to be the trend, which he indicated he has no issues with. Member de la Portilla asked how Mattamy obtained the contract and the process involved. Assistant City Attorney Crosby-Collier explained the process under the City Charter and stated a public hearing had taken place for the bid where the project was split into two phases, Phase 2A and 2B. She stated the closing for Phase 2A is scheduled for the beginning of July. Member de la Portilla inquired how many residents, if any, responded to the advertisement and/or public hearing. City Planner Rumer explained the two processes that were done in this instance. Chairman McKey indicated his dislike of the 42' (ft.) lots, and he indicated his concerns about the parking and asked if there will be an overflow parking lot. He further commented that maybe overflow parking could be worked in on Phase 2B. He also inquired where the mailboxes will be placed. City Planner Rumer indicated the post office no longer delivers door-to-door and mentioned a community kiosk will be used. Chairman McKey asked if the City has explored grants for the trail that runs north and south. City Planner Rumer mentioned two grants that the City will apply for once the development is finished. 4IPage Planning and Zoning Commission Meeting June 14, 2016 7:47 pm Chuck Bell, land development manager with Mattamy Homes, was present to answer questions. Member Keethler inquired about the path and whether it will be inside or outside of the fence. Mr. Bell indicated the eight-foot path will be on the outside of the fence, which will be for public use as well as Ocoee Crown Point Parkway residents. Member Keethler inquired if it is their intent to maximize on the 75 percent impermeable area that the plan allows. Mr. Bell indicated they will be within the guidelines of what the engineers and the St. Johns River Water Management District permit and City building codes allow. Member Keethler voiced to the Board and staff that he really objects to this type of development with 75 percent impermeable, and he further stated it is a parking lot. Member Richemond followed up by stating there is a parking issue where he resides and recommends that staff look into adding additional parking in Phase 2B. Mr. Bell indicated they are proposing a pool cabana area with additional parking within Phase 2B; and he further explained each home has the capability of parking up to four vehicles. Chairman McKey inquired whether there will be a pool and cabana area in this Phase 2A. Mr. Bell indicated there is a tot lot, dog park and other amenities in Phase 2A. City Planner Rumer discussed the 75 percent impervious guidelines, which is handled on a lot-by-lot basis. Member Keethler asked if the 10' (ft.) setback is from the sidewalk, and City Planner Rumer answered in the affirmative. 7:58 pm Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Final Subdivision Plan for Ocoee Crown Point PUD Phase 2A, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Sills, Seconded by Member de la Portilla. Yes: Chairman McKey, Members de la Portilla, Dillard, Evans, Sills, Richemond No: Member Keethler Abstain: Member West Motion: Carried 6-1. III. OLD BUSINESS — None 5 Page Planning and Zoning Commission Meeting June 14, 2016 IV. NEW BUSINESS Chairman McKey discussed amending the Land Development Code (LDC). Currently, the Planning and Zoning Commission makes a recommendation to the City Commission on projects that are 25,000 square feet and over. Chairman McKey expressed an interest to the Board of amending the 25,000 square feet to 10,000 square feet. Member Keethler agreed stating a lot can happen under the 25,000 square feet threshold. 8:02 pm Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, provide to the Ocoee City Commission a Resolution to Reevaluate the Land Development Code (LDC) 25,000 threshold be reduced so that the Planning and Zoning Commission can evaluate the smaller projects under the 25,000 threshold. Moved by Chairman McKev; Motion died for lack of a second. Chairman McKey further explained his basis for bringing this motion forward. City Planner Rumer interjected asking the Board to consider the development path explaining that if this proposal passes, it will add three (3) months to the development path, because of the public hearing process. Member Dillard inquired what an appropriate threshold would be; and further, he agrees that some oversight of projects would be nice, but he is worried it would impede the system. Member de la Portilla quotes President Ronald Regan in saying, "The government that governs the least is the one that governs the best," and he suggests they stay where they are at. Member West agrees with Member de la Portilla. Member Richemond commented that he would like to see what other city thresholds are. City Planner Rumer describes the various thresholds. Further discussion ensued regarding architectural and infrastructure criterion. 8:08 pm Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, provide to the Ocoee City Commission a Resolution to Reevaluate the Land Development Code (LDC) 25,000 threshold be reduced so that the Planning and Zoning Commission can evaluate smaller projects under the 25,000 threshold; Moved by Chairman McKev, Seconded by Member Keethler. Yes: Chairman McKey, Members Richemond, Evans, Keethler No: Members de la Portilla, West, Sills, Dillard Motion: Dies 4-4. 61Page Planning and Zoning Commission Meeting June 14, 2016 V. MISCELLANEOUS 8:10 pm A. Project Status Report — City Planner Rumer updated the Board on the demolition of the Sabal Hotel. He informed the Board that the Perkins and the hotel are being demolished. He knows of one proposed establishment to be Popeyes along with four buildable parcels. Discussion ensued about the site. Member Keethler asked what is happening across the street at the old BP station. City Planner Rumer indicated the property owners will soon be turning in a site plan for the corner. Member Richemond inquired what is going on at Ocoee Apopka Road and West Road. City Planner Rumer indicated where the Dunkin' Donuts is being constructed, the approved plan for the commercial parcels includes a gas station, which is limited to 12 gas pumps and not approved for a car wash. B. June Calendar VI. ADJOURNMENT - 8:15 pm ATTEST: APPROVED: r -thy - -rd, Recording Clerk Rob McKey, Chairman 7IPage FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST N4/1E—FIRST NAME—MIDDLE NAME NAME OF BOARD,)COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE V D*kJAliA4,00 JTHE BOARD, P''OUNCIL,C�MISSION.O RITY ORgOMMITTEE ON MAILING ADDRESS —3 ` e, a f0 � t fe / h ��/ e ICH I SERVE ISAUNIT OF: CITY p "L �-,V`1/ `lCOCITY 0 COUNTY ❑OTHER LOCAL AGENCY n �0 e—e_ NAME, LITICALSUBDM N: DATE ON WHICH VOTE OCCURRED MY POSITION IS: J N V e- / a'a ih, ❑ ELECTIVE APPOINTIVE 7 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(CRAB)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: 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: • 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 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, 7 Oi 14i /41711,A) LI)aS'f , hereby disclose that on 4,4/e 10- ,20 /b : (a)A measure came or will come before my agency which(check one or more) ✓ 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: IQ,P4/ / 31 L -iKe t-/ to; /( U e_ 00/14,441t SSS 6 AJ 8 1 $ '7 i'-A. t)_ ,4- 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. . 6ktia / 5 o2O/d Date Filed i 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.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.