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04-14-09 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, APRIL 14,2009 CALL TO ORDER Chairman Sills called the meeting to order at 7:01 p.m. Following a Moment of Silent Meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Vice Chair Golden, Members Campbell, Conkling, Dillard, McKey, Morris, Rhodus, and West. Also present were City Attorney Rosenthal, Development Services Director Shadrix, Planning Director Wagner, Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: None. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, March 10,2009. Member CamlJbell. seconded bv Member McKev. moved to accept the Minutes of the March 10. 2009. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS 325 Lee Street - Rezonina Principal Planner Rumer gave a brief presentation on the subject property and stated the rezoning is from R-1 (Single-Family Dwelling) to C-2 (Community Commercial). The applicant has submitted a pre-application to permit the construction of a commercial office building; however, no permits have been applied for at this time. DEVEOPLMENT REVIEW COMMITTEE RECOMMENDATION The Development Review committee (DRC) met on February 25, 2009, and reviewed the request to rezone the subject property to C-2. DRC voted unanimously to recommend approval of the request to rezone the subject property from R-1 (Single-Family Dwelling) to C-2 (Community Commercial). Planning and Zoning Commission Regular Meeting April 14, 2009 STAFF RECOMMENDATION Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the rezoning of 325 lee Street from R-1 (Single-Family Dwelling) to C-2 (Community Commercial). DISCUSSION The Public Hearing was opened for 325 Lee Street - Rezoning. Mr. Harold Goche Sr., applicant, stated he concurs with staff's recommendation. Member West inquired if he owned the property that goes out to Ocoee-Apopka Road. Mr. Goche stated he did not. Member West inquired if the office building would be going up anytime soon or is this property an investment for a future project. Mr. Goche stated he is hoping to start on his plans within the next month or two. Vice Chair Golden thanked the applicant for investing in Ocoee's downtown redevelopment area. Mr. Goche stated he appreciates the opportunity and the help staff has offered them. The Public Hearing was closed for 325 Lee Street - Rezoning. Member CamlJbell. seconded bv Chairman Sills. moved to recommend approval of the rezonina of 325 Lee Street from R-1 (Sinale-Familv Dwellina) to C-2 (Communitv Commercial). Motion carried unanimouslv. 16TH AMENDMENT TO OCOEE/ORANGE COUNTYIWINTER GARDEN JOINT PLANNING AGREEMENT Principal Planner Rumer gave a brief overview presentation on the subject property and stated the agreement before them is just as the others that have come before them. This amendment is an applicant driven amendment for three parcels. The amendment will adjust the joint planning area line between the City of Ocoee and Orange County and the JPA Future land Use Map will be revised to provide the designation of "Light Industrial" to the subject parcels. The City of Ocoee, City of Winter Garden, and the applicant are working on a Tri- Party Pre-annexation Agreement which will contain land use provisions and restrictions, as well as design provisions. DISCUSSION Vice Chair Golden inquired if the JPA area was currently in Winter Garden or Orange County and as to why Winter Garden was involved in this amendment. 2 Planning and Zoning Commission Regular Meeting April 14, 2009 Principal Planner Rumer stated the two parcels are currently in Orange County and they have one parcel that is within the JPA area and has a low density residential zoning. The Public Hearing was opened for the 16th Amendment to Ocoee/Orange County/Winter Garden Joint Planning Agreement. Tim Wilson, City of Winter Garden Planning Department, stated he is here because the City of Winter Garden is adjacent to that property. They have been working with the City Attorney, staff and developer representatives for the last couple of months drafting an agreement for this project. If the agreement that has been prepared with the provisions is accepted by the City Commission, the City of Winter Garden will support the project. On the otherhand, if the terms and conditions are not enacted by the City Commission, then the City of Winter Garden will have to look at their options as far as supporting or not supporting the project. Member McKey inquired if the restrictions could be shared. City Attorney Rosenthal briefly read the restrictions that listed a number of prohibited uses, which may otherwise be permitted in an industrial district but the applicant is agreeing that he will not develop on this property. Additionally, in terms of the PUD, the applicant has agreed that when the PUD is ultimately approved by the City Commission they will incorporate some specific conditions of approval. Essentially any change to the agreement would have to go before the City of Winter Garden since they are a third party beneficiary to the agreement. Member West stated he has a voting conflict due to his son and himself owning one of the pieces of property along the 429. He further inquired if the agreement he possesses, in fact is the final agreement. City Attorney Rosenthal and Mr. Wilson stated the last revised agreement is dated April 8th. Lou Musica, Vice President of Chapin Station H.O.A., stated this road is important to those that live in the area, and they have been working with Winter Garden. Additionally, Mr. Musica would appreciate the City of Ocoee to continue to work with the City of Winter Garden. Member West briefly explained to Mr. Musica that they understand the resident's concerns regarding the development of that property. Originally they had thought about putting townhomes there but took the traffic into consideration. Chairman Sills read a letter from Jennifer Walker, 1832 Lindzlu Street, who also expressed her concern about keeping the residents informed of the development 3 Planning and Zoning Commission Regular Meeting April 14, 2009 on the subject property. Additionally, Ms. Walker encouraged the City of Ocoee to continue to work with the City of Winter Garden. The Public Hearing was closed for the 1 ~ Amendment to Ocoee/Orange County/Winter Garden Joint Planning Agreement. Member McKey stated it is good that the development has restrictions, and it is important that they keep in mind the residents in the area. He further mentioned the one thing he would like to bring up is the roads and having turning lanes put in at the intersections ahead of time. Member McKe seconded b Member Rhodus moved to recommend a roval of the proposed 1 Amendment to the Joint Plannina Area Aareement between the Citv of Ocoee and Oranae Countv providina for amendments to the JPA Boundarv bv addina in the area known as East Crown Point Hiah Tech Industrv and amendina the JPA Land Use Map to Uaht Industrial. Motion carried 8-0 with Member West abstainina. MISCELLANEOUS Development Director Shadrix stated May 9th is the tentative date for demolition of Colony Plaza. He further stated the actual motive of demolition is implosive. City Attorney Rosenthal added that the City has not had a final sign off on the demolition paperwork. Development Director Shadrix stated they are in the process of getting the urban design overlay in process, and their hope is to get the area between Marshall Farms and Maguire Road. He further briefly spoke about community design being an important issue in the urban overlay. Development Director Shadrix announced that with the potential annexation of Rose Hill Phases 2&3 they have identified some things in the land Development Code relating to advertising requirements that may become very costly. They will be bringing an amendment of this section of the lDC before the board. As well, they are continuing to work on the Evaluation Appraisal Report (E.A.R.) which should also be coming before them sometime in June. He further announced that they are negotiating with the Department of Community Affairs on the Wekiva amendments. They feel that they are close to finalizing this. They also have a complete draft of the newly revised water supply plan. Development Director Shadrix briefly announced that he is saddened by Senior Planner Howell's loss. 4 Planning and Zoning Commission Regular Meeting April 14, 2009 Vice Chair Golden commented on the We kiva Amendment, and stated that he heard that Ocoee can do something so that Orange County cannot apply their ordinance to the City. Planning Director Wagner stated that a provision was added to allow local requirements to apply in case of zoning to those facilities and the City does still maintain control; however, the City will need to fairly quickly draw up some regulations to allow some regulatory ability. He further stated that the ordinance itself is pretty good, but they do not have anyone on staff that can perform those types of inspections. Planning Director Wagner stated he does not expect the City to have any type of landfill; the most he would expect is a transfer station. Principal Planner Rumer stated Orange County is looking to put a new transfer station in the northwest area of the County. They will be meeting at West Orange High School once a month during April-June at 7:00 pm. It will be a Public Hearing with the residents to look at options for locating a new transfer station. The City will be sending staff to attend the meetings. An update will be brought back once a location is determined. Member McKey stated he feels they should remove the station down by Rose Hill due to the roads no longer having the capacity to withhold the size of the vehicles. Principal Planner Rumer stated he thinks they may be looking to closing that transfer station down. Chairman Sills inquired if this Wekiva amendment tied in with the septic tank issue. Development Director Shadrix stated that the septic tank issue is a separate ordinance and that Principal Planner Rumer has been doing a lot of research on it. Principal Planner Rumer summarized that there was a provision in the Wekiva to adopt some language requiring phasing out septic tanks over a period of time. There is no date certain on this language. The provisions would require that an alterior septic system be used; however, this is not being implemented at this time. ADJOURNMENT The meeting adjourned at 7:34 p.m. Attest: /ltwA~ jJd- Melanie Sibbitt, -Deputy City Clerk APPROVED: -~~ 5 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS 1"'1' OF BOARD, COUNCil COMMISSION, AUTHORITY, OR COMMITTEE I ee.. ~. O~6 THE BOARD. COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON 'M-iICH I SERVE IS A UNIT OF: ITY Q COUNTY NAME OF POLITICAL SUBDIVISION: Q OTHER LOCAL AGENCY MY POSITION IS: Q ELECTIVE APPOINTIVE 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 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 govemment 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 88 - 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 INTEREST I, '1: t'1r'//Iv IV 1'1.::.-/-' , he"'by d;sdose that 00 t/-) II/- (a) A measure came or will come before my agency which (check one) ~nured to my special private gain or loss; inured to the special gain or loss of my business associate, .JL. inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of 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: , 20 f!...f.: , by , which f~D~ ~ Dale F;led c{ / 10/ () 1 ::r~V~ 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 88 - EFF. 1/2000 PAGE 2