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HomeMy WebLinkAbout06-12-2018 Minutes Mayor Commissioners Rusty Johnson John Grogan, District 1 4,04,4r Rosemary Wilsen, District 2 Clty Manager Richard Firstner, District 3 Robert Frank O c o e e George Oliver Ill, District 4 florida MINUTES JOINT WORKSHOP for the PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY COMMUNITY REDEVELOPMENT AGENCY BOARD June 12, 2018 I. CALL TO ORDER - 6:30 pm II. Roll Call and Determination of Quorum Present: Planning and Zoning Members Marc Bernstein, Joel Keller, Jason Mellen, Lavon Williams and Rodger Wunderlich and Ocoee Community Redevelopment Agency Member Todd Duncan Absent: None Also Present: City Attorney Cookson, Assistant City Attorney Crosby-Collier and Recording Clerk Heard Ill. Planning and Zoning Commission/Community Redevelopment Board Workshop Presentation (7:02 pm) Assistant City Attorney Crosby-Collier presented a PowerPoint presentation reviewing the Florida Sunshine Law. Her discussion entailed two sections of the Florida Sunshine Law regarding Public Meetings Law and Public Records Law. 1 Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12,2018 A. SUNSHINE LAW (Presented by Assistant City Attorney Crosby-Collier) • Legal References: - Article I. Section 24. Florida Constitution - Section 286.011. Florida Statutes - Section 286.0114, Florida Statutes - Government-In-The-Sunshine Manual • General Rule - "All meetings in which official acts are taken or public business is transmitted are public meetings open to the public at all times" • Who is covered? - Local government boards — elected and appointed - Private companies doing business on behalf of the government agency - One person acting on behalf of a board or commission - Applies to meetings of two (2) or more members of a board when discussing matters that may foreseeably come before the board - Applies to a board member and non-board member (staff) when latter individual is used as a conduit • What are the rules for Sunshine? - "Reasonable" notice of all meetings must be provided - Meeting minutes must be taken by the clerk to the board - Minutes must be open for public inspection - Public must have a reasonable opportunity to be heard on a proposition before a board or commission takes action • What does Sunshine mean? - The use of a telephone does not remove a conversation from the requirements of law - Board members cannot use computers to conduct private discussions regarding board business • When does Sunshine law not apply? - Social Events — but only when not discussing board business • What are the penalties for a violation? - If one violates state lace,', fined up to $500.00 • If one knowingly violates, charged with a second degree misdemeanor - Fined up to S500.00 - Imprisoned up to 60 days 2 Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12,2018 Discussion: Assistant City Attorney Crosby-Collier cautioned the Board to not call or email one another to discuss board business, and further advised the Board that any and all discussions regarding board business has to be in the "Sunshine," which means must be discussed during a Board meeting. City Attorney Cookson explained that Florida's open government laws such as the Sunshine Law and Pubic Records Law is unique to Florida and perhaps why Florida is in the media as much as it is. He further cautioned the Board against socializing with one another, because it does not look good and may raise questions. B. PUBLIC RECORDS LAW (Presented by Assistant City Attorney Crosby-Collier) • Legal References: - Article I. Section 24. Florida Constitution - Chapter 119. Florida Statues - Government-In-The-Sunshine Manual • General Rule: - "Every person has the right to inspect or copy any public record made or received in connection with the transaction of official business by a public body." • What is a public record? - Public records are prepared or created to perpetuate, communicate or formalize kno' ledge relating to official agency business • What is an agency? - Agency is any state. county. district" authority. municipality, board, bureau, or commission • A public record includes all documents regardless of physical form or characteristics and is not limited to traditional written documents - Letters, emails. memos, maps. books, text messages. recordings — all are public records • Public record is a record made or received in connection with transaction of official agency business • Public records law contains a number of exemptions • There is no exemption for unfinished draftsl • There is an exception for personal correspondence that is not made in connection with transaction of official business 3 Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12,2018 • Provide City Clerk with all public records - City Clerk is the records keeper - Clerk will retain records for the time required in a state-established retention schedule • Email is a public record - Recommended advisory board members establish a separate email account for board business only or copy City clerk with all board-related business • What are the penalties for violation? - If one violates, fined up to S500.00 - If one knowingly violates, subject to removal from board and may be charged with a 1st degree misdemeanor Discussion: City Attorney Cookson advised the Board to try not to create public records of any kind if they do not have to, He suggested if they have a question, to call City staff instead of emailing, which creates a public record. Assistant City Attorney Crosby-Collier explained a public record can be in a form of an email, text message, voicemail recording and social media posting. She recommended the members create a new email account for purposes of this board, which will separate personal emails from business emails. Member Keller advised to be careful about posting on social media outlets such as Nextdoor and Ocoee Rants and Raves on Facebook, because some issues may come before them. C. STATE CODE OF ETHICS (Presented by City Attorney Cookson) • State Code of Ethics -- Part III, Chapter 112, Florida Statutes - Standards of Conduct (s. 112.313. F.S.) - Voting Conflict (s.112.3143, F.S.) - Financial Disclosure (s.112.3145. F.S.) officers and employees: Standards of Conduct for p y - No solicitation or acceptance of gifts with expectation of influence - Cannot do business with one's own agency - No unauthorized compensation for officer or his/her spouse or minor child - Cannot corruptly misuse the public position - Can hold no conflicting employment or contractual relationship" - May not disclose information not available to the general public 4 Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12,2018 fr *May be waived by the City Commission in certain circumstances (For example. appointed officer is a sole provider, business is transacted under a rotation system, goods are procured by sealed bid, emergency purchase) • Voting Conflict - Rule: - Appointed officer must disclose any conflict prior to participating in any matter which would inure to a special private gain or loss -- . His/her private gain or loss . A principal by which officer is retained • A parent organization or subsidiary of a corporate principal by which retained . A relative or business associate - Prior to the vote, state or declare the conflict - Do not vote - Advised not to participate at all - File the voting conflict form 8B • Financial Disclosure: - Form 1 . Filed by Planning & Zoning Board members . Annual form is due by July 1 of each year . Automatic fine of $25.00 for each day late (after September 1) up to $1500. . Form is filed with the Orange County Supervisor of Elections - Form 1F (final form) . File a Form 1F (final form) within 60 days of leaving the P&Z . Form is filed with the Orange County Supervisor of Elections i• What are the penalties for violation of Code of Ethics? - impeachment. - Removal from office. - Suspension from office. - Public censure and reprimand. - Forfeiture of no more than one-third of his or her salary per month for no more than 12 months. - A civil penalty not to exceed $10.000. - Restitution of any pecuniary benefits received because of the violation committed. 5 Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12, 2018 Discussion: City Attorney Cookson explained if they have a conflict, they are allowed to participate in the discussion; however, he recommends they do not participate as it could create undue influence to the other members on the board. He recommended the members contact the City attorneys before the meeting if they believe they may have a conflict. He further advised to not accept any gifts of any kind such as a dinner out or tickets to a game. (Board members had no questions.) (Mr. Duncan was dismissed at 7:03 pm) D. LOCAL PLANNING AGENCY/PLANNING & ZONING COMMISSION (Presented by Assistant City Attorney Crosby-Collier) • Meetings: - City Staff— Presents the project. as submitted by applicant - Applicant —Answers questions of the LPA on his/her project - City Attorney —Answers legal questions of the LPA - Public — Must be provided the opportunity to be heard on a project Duties of the LPA/P&Z • Legal References: - Section 163.3174. Florida Statutes - Section 3-2 of the City of Ocoee Land Development Code (ch. 180) • Per statutes, LPA has general responsibility for the conduct of the comprehensive planning program • LPA is the agency responsible for the preparation of the comprehensive plan or amendments (CPA) - Makes recommendations to the City Commission regarding the CPA - Monitors and oversees the effectiveness and status of the comprehensive plan - Recommends to the commission changes to the comprehensive plan as may from time to time be required - Makes recommendations to commission regarding staffs periodic evaluation and appraisal of the CP - Reviews proposed land development regulations (LDR) or amendments to LDRs - Makes recommendations to the commission as to the consistency of the proposal with the adopted CP - Performs other functions. duties. and responsibilities assigned to it by the City Commission or by law 6 Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12,2018 • City Code provides that the P&Z will have the following duties and responsibilities: - Act as the Local Planning Agency (LPA) for the City - Monitor the effectiveness of the City's Comprehensive Plan - Make recommendations to the City Commission regarding CPAs - Review and make recommendations to City Commission regarding: Amendments to land development code -- Is change consistent with comp plan? • Rezoning — Is change consistent with the land use? • Annexation — Does property meet requirements of law? - Review and make recommendations to the City Commission regarding: • Applications for various development approvals or permits as provided within the Code - Planned Unit Developments (PUD) - Special exceptions - Subdivisions - Other applications where requested by City Commission - To review zoning of newly annexed lands when it represents an increase in intensity of use or a conflict with the Comprehensive Plan - LPA will review the proposal • Ask questions of staff and of applicant • Staff report will summarize findings and issues - If the project is consistent with the Code and CR it must be approved - If the project is inconsistent with Code and CR project can be recommended for denial - LPA will make recommendations to the City Commission • Recommend approval — find compliance • Recommend denial — must specify reasons why • Recommend approval with conditions - City Commission makes the final determination on all applications • Public Hearings - Most matters are subject to a public hearing Annexation • Rezoning • Land Use change (on property) Comp Plan amendments • Land Development Code (text amendments) • Variances Conditional Use Approval - Each member of public should be allowed three minutes to speak on an item - Public hearings will be indicated on the agenda Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12, 2018 Discussion: City Attorney Cookson advised to provide the public plenty of time to speak during the public hearings; and further, it is best to err on the side of caution and grant the public time to speak even if they are speaking at an inappropriate time or if they are speaking too long or if they are upset. He further explained it is the Board's job to make a recommendation even if they feel they are unable or uncomfortable. A recommendation can be anything from an approval, an approval with conditions or a denial, but some sort of recommendation must be made. Member Keller inquired if properties have to be contiguous in order to be annexed into the city. City Attorney Cookson explained properties must be contiguous or sharing the boundary to a parcel within the city to be annexed. He further explained that the Joint Planning Area Agreement (JPA) is a joint boundary agreement between Orange County and the City; and further, parcels must be within the JPA boundary in order to be annexed into the city. • quasi Judicial vs. Legislative Acts - What is a quasjju 1jci.al matter? > A wasiltchaal decision involves the application of policy to a specific development application (i.e. rezoning,variance) - More formal than a legislative hearing - Parties have procedural due process rights "Opportunity to be heard" - What is a legislative matter? > Legislative matters are "policy" decisions Examples include a CPA or a text change amendment to the LD Rs • Preliminary Subdivision and Site Plan Review - Legal References: > Sections 4-3 and 4-4 of the Land Development Code > P&Z will hold a public hearing on all PSPs > P&Z must review and recommend approval, approval subject to conditions,or disapproval of the PSP > If recommending disapproval, P&Z must provide reasons for its action Discussion: City Attorney Cookson explained in a quasi-judicial setting they are sitting as if they are judges; and further, their decisions must be reached from what is brought before them during the meeting and not from what they may have heard from any individual, media outlet, or any research they may have conducted on their own. 8 Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12,2018 Member Wunderlich inquired if it is acceptable to research a parcel on your own, because sometimes the photographs and maps given are difficult to decipher. City Attorney Cookson recommended against members researching on their own as it may be the wrong parcel or project they are making findings on. He further suggested if they feel the need to research, to bring their findings to the meeting and present it to the board, staff, applicant and/or developer to be certain their fact findings are correct. Discussion ensued regarding different types of projects that will come before them. Assistant City Attorney Crosby-Collier explained they will not review Final Site Plans (FSP) as that was recently revised within the ordinance; and further, sometimes staff will present the Preliminary Site Plan (PSP) and the Final Site Plan (FSP) as one plan, which is called a PSP/FSP. Member Williams inquired if there are significant changes between the PSP and FSP, will this board hear the revisions. City Attorney Cookson explained if there are significant revisions to the FSP, an amendment to the PSP will be brought back to be heard by this board. • Variances and Conditional Use Approval - Legal References: > Section 3-2 of the City of Ocoee Land Development Code (.chi., 180) > Section 4-9 of the City of Ocoee Land Development Code (cit.. 180) > Section 34-39 of the City of Ocoee Code of Ordinances • Variances - City Code has empowered P&Z to hear request for variances - Variances are cases where, owing to special conditions,a literal enforcement of the provisions of this Code will result in unnecessary and undue hardship - City Commission will make the final decision - P&Z may prescribe appropriate conditions and safeguards as part of the terms of variance approval - P&Z cannot recommend a variance to allow a use that is not permissible under the terms of the City's Code - To grant a variance, the P&Z must find all of the following factors exist: > Special conditions and circumstances exist which are peculiar to the land,structure or building involved; not applicable to other lands,structures or buildings in the same zoning district; > The special conditions and circumstances do not result from the actions of the applicant; > Granting the variance will not confer any special privilege that is denied to other lands, buildings or structures in the same zoning district; > Literal interpretation of the provisions of the City Code would deprive the applicant of rights commonly enjoyed by other properties in the zoning district and result in unnecessary and undue hardship on the applicant; > The variance granted is the minimum variance necessary; > The grant of the variance will be in harmony with the general intent and purpose of the City's Code; and > The variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 9 I Planning and Zoning Commission and Community Redevelopment Agency Board Joint Workshop June 12, 2018 • Conditional Use Approval - City Code requires P&Z to hear request for conditional use approval > Relating to an adult use establishment > Creation of the use must be in the public interest > P&Z will consider location,size, and other characteristics of proposed use > Use must be compatible with and cannot adversely affect abutting properties > Subject to distance requirements Assistant City Attorney Crosby-Collier announced variances and conditional use approvals are new to the Planning and Zoning Commission, because they used to be heard by Board of Adjustments, which has been recently disbanded. She explained what variances and conditional use approvals are. IV. Question and Answer Session Member Williams questioned the process for notifying the public for the public hearings. The City Attorneys explained the applicant is required to post a sign on the parcel indicating a date and time of the hearing; and further, a notice of hearing is mailed to all surrounding property owners within 300 feet of the subject parcel, and an advertisement is required to be published in a newspaper of general circulation. Member Keller suggested the City research into making the public hearing notices more "millennial" friendly such as implementing social media type notices. Member Wunderlich inquired if the recommendation for this board to hear small scale plans ever was adopted; and further, he inquired about the revised language addressing attendance relating to removal from this board. The City Attorneys advised the small scale plan recommendation was not adopted; and further, explained if a member has three unexcused absences in one year, they will be removed from this board. An unexcused absence is determined by no call/no show. They also explained this board now has term limits. City Attorney Cookson explained the term limits in more detail. Assistant City Attorney Crosby-Collier announced elections for chair and vice- chair will be taking place at the next meeting in July. V. ADJOURNMENT - 8:08 pm ATTEST: APPR?VED: athy Hei , ecording Clerk / 10