P & Z - 03/27/2002 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
*r.•. REGULAR MEETING HELD WEDNESDAY, MARCH 27, 2002
CALL TO ORDER
Chairman Bond called the meeting to order at 7:07 p.m. Following a moment of silent
meditation and the Pledge of Allegiance to the Flag, the roll was called and a quorum was
declared present.
PRESENT: Chairman Bond, Vice Chairman Golden, Members Keller, Landefeld,
McKey, Miller, Riffe and West. Also present were Planning Director
Wagner, Principal Planner Lewis, Chief Assistant City Attorney Cookson
and Deputy City Clerk Green.
ABSENT: Member Rhodus
CONSENT AGENDA
None.
NEW BUSINESS
FORESTBROOKE SUBDIVISION - FINAL SUBDIVISION PLAN, PHASE 1
PROJECT No. LS- 2001 -01
Principal Planner Lewis presented the Staff Report for the proposed Final Subdivision
Plan (FSP) for Phase 1 of the ForestBrooke Subdivision. Phase 1 of ForestBrooke will
have 126 single family residential lots in a private gated community. The remainder of
the subdivision will be built in a second phase immediately following the first phase. The
property is located on both sides of Ocoee Apopka Road (CR 437), just south of
McCormick Road. Phase 1 of the project includes a mixture of lot sizes, ranging from
75' wide east of CR 437 to 85" to 100' feet west of CR 437 to four lots along Lake
Apopka which will be more than an acre in size. Mr. Lewis briefly explained proposed
road improvements and wetland impacts by the proposed development.
The FSP includes two proposed waivers from certain Land Development Code
requirements. The first waiver is related to the requirement for a buffer along arterial and
collector roads — the 6 -foot brick wall along both sides of CR 437. The Developer is
requesting this waiver to allow a decorative metal fence with brick columns adjacent to
the retention ponds, instead of a solid 6 -foot brick wall, in order to preserve existing trees
in that buffer area. The second waiver is related to the requirement for a community
meeting room. The Developer is requesting this waiver to allow the 1,000 square foot
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Planning and Zoning Commission Regular Meeting
Now March 27, 2002
meeting room to be constructed in Phase 2 with the provision that no more than 99
Certificates of Occupancy will be issued on homes built in Phase 1 until the community
meeting room is built in Phase 2.
The Plan was reviewed by the DRC on March 20, 2002. After discussion of outstanding
issues, the Committee voted unanimously to recommend approval of the FSP, Phase 1,
including the two requested waivers, subject to certain revisions to the plans that have
now been incorporated. The DRC recommendation also included specific language for
Conditions of Approval that would be added to the plan related to the community meeting
room and the road improvements for the southern secondary access road west of CR 437.
Mr. Lewis said in addition to the two waivers and the two Conditions of Approval
included in the DRC recommendation (see motion at the conclusion of the discussion),
Staff recommends an additional Condition that the plans be revised to include a complete
network of wastewater effluent reuse lines for irrigation as required by the Code, or
alternatively, that an agreement be reached between the City and the Developer on an
appropriate monetary payment to be made by the Developer to the City in lieu of
installing reuse lines.
Member McKey asked about the proximity of County reuse lines. Mr. Lewis said he
fir.►- did not know and, in later discussion, Mr. Jay Folk said the County did not intend to
install reuse lines in the area.
Member McKey suggested making those streets having the most daily trips 3 to 5 feet
wider to allow for cars that will be parked along roadsides. Mr. Lewis said that should
be addressed as a code requirement, and if so, to address how many trips before it is
required. Member McKey said it would be too late to do so for this project, but asked
that it be considered for the future.
Member Keller asked where the Community Meeting Room would be located and Mr.
Lewis pointed out the area on the Plan.
In their comments during the remaining discussion, Chairman Bond, Members Landefeld,
Miller, Riffe, West and McKey said they thought it was a good Plan.
Vice Chairman Golden said he liked the larger lots and supported the waivers. He
asked who marked the trees to be saved. Mr. Lewis explained the three stage flagging
process and said the person primarily responsible is Julian Harper, the City forester, who
is on site as needed.
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Planning and Zoning Commission Regular Meeting
March 27, 2002
Chairman Bond said she thought a decorative brick/metal fencing would look better
than a solid brick or stucco wall.
In response to Member Landefeld's questions, Mr. Lewis said the Plan provided for
irrigation for all common landscaped areas and that all entrances would be gated, but the
secondary entrances would be less decorative.
Member Landefeld expressed concern about flooding on the lots adjacent to Lake
Apopka. Mr. Lewis and Mr. Wagner addressed his concerns and noted that the Plans
comply with the 50 foot Lake Apopka setback.
Assistant City Attorney Cookson pointed out that the community meeting room
ordinance was adopted in August 2001 and this PSP was approved in October 2001, so
the community meeting room was a Condition of Approval on the PSP.
Member West disclosed a conflict of interest on the ForestBrooke Project and his
Memorandum of Voting Conflict is attached.
Member West commented that Lake Apopka would have to rise 12 to 15 feet to cause a
problem for the lots along the lake because of their elevations.
Now
Member Riffe said she supported decorative fencing any time it is not along the rear of
home property. She asked if Phase 2 will exit to Ocoee - Apopka Road, and Mr. Lewis
said it will connect to Phase 1 and to McCormick Road.
Assistant City Attorney Cookson clarified that Member West had presented a conflict.
He said Mr. West has a financial interest in the property that prevents him from voting on
the project, but, as long as he discloses his interest to the Planning and Zoning
Commission, he is allowed to participate. He said it is a good idea for members to let the
City Attorney know before hand when they have a conflict, so he can advise them what
they can and cannot do at the meeting.
Jay Folk, president of The Keewin Real Property Co., 1031 West Morse Boulevard,
Winter Park, the owner /developer, said they are in agreement with the Staff
recommendation. He explained the Clubhouse (Community Meeting Room) is placed
where it is in order to be near the smallest of the lots. He said the proposed decorative
fence would save trees as well as look better than a solid brick wall. He also explained
that Orange County has no reuse lines near their property and has no intention of
installing them.
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Planning and Zoning Commission Regular Meeting
March 27, 2002
In discussion about reuse lines, Mr. Wagner explained that the City does not produce
enough effluent to serve the entire City, so the City would be better served to focus on
those areas where it would cost the least to provide the service. Mr. Folk explained that
lines will deteriorate if not used.
David Evans, with Pecht -Evans Engineering, Inc, 501 E. Jackson Street, Orlando, the
project engineer was available to answer questions. Vice Chairman Golden asked about
saving trees in the ponds. Mr. Evans said they would meander the pond in areas where
there are larger trees and try to save as many trees as possible.
Member Landefeld suggested meandering the road in order to save trees, and Mr.
Evans said they have looked at all options with regard to site layout and they had placed
the roads in where there were no trees based on their surveys.
Member Riffe said the question is whether or not the developer should be required to put
in the reuse water lines. She asked Mr. Folk if the reason he did not want to put in the
lines was financial. Mr. Folk said it was financial for the City because of the cost to
extend service to the property and also the availability of the effluent system.
Attorney Cookson said there would not be a requirement of the City to run the lines to
this project if the developer installs the reuse lines. He said there would not be reuse lines
from the County or the City for this project.
Member McKey asked if the retention pond area between lots 123 and 126 and Walker
Road might be filled with cypress trees. Mr. Evans said it was too dry for cypress trees
in that area and also said generally the Water Management District does not want trees in
the bottom of ponds.
Member McKey commended Staff for a great Plan.
As had been recommended by Staff, Member Landefeld, seconded by Member Riffe,
moved hat th- Pl.nnin. an. Z.nin' Commission recommeno a. .r. al of th- Final
Subdivision Plan for Phase 1 of the ForestBrooke Subdivision, Project Number LS -2001-
01 in ludin ' th two r- . uested wai - rs as I ate stam. ed rec - ived b the i on March
21, 2002, subject to the followin' three conditions:
1. Th r- •uir-d 1 110 s• ar- foot communi m -etin' room ma b- built in Phase 2
but the number of building permits to be issued for homes in Phase 1 and their
associated Certificates of Occupancy will be limited to 99, until the community
m- - tin. room is . m.leted. If the ommuni m - tin ' r. om is not com.let- d
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Planning and Zoning Commission Regular Meeting
March 27, 2002
within two years, then the gazebo provided in Phase 1 must be expanded to meet
the size requirements of Ordinance No. 2001 -19 for a subdivision with 99 lots.
2. The width of the southern secondary access road west of CR 437 to be constructed
with Phase 1 will be discussed and agreed upon by the City Staff and the
Developer, after discussions and input from the West Groves Developer — the City
is obligated to consider in good faith any input offered by the West Groves
Developer. In the worst case scenario, the new road must be constructed with 24'
wide pavement and minimal turn lanes onto CR 437 and from CR 437 onto the
new road (if right -of -way is available), consistent with the West Groves
Developer Agreement, unless a different design is agreed upon after giving
consideration to input from the West Groves Developer.
3. The plans be revised to include a complete network of wastewater effluent reuse
lines for irrigation as required by the Code, or alternatively, that an agreement be
reached between the City and the Developer on an appropriate monetary payment
to be made by the Developer to the City in lieu of installing reuse lines.
Motion carried 7 -0, with Member West abstaining.
OLD BUSINESS
None.
OTHER BUSINESS
None.
COMMENTS
Member Landefeld thanked members for their prayers on behalf of his daughter, who is
now doing well, and announced that he would be unable to attend the April 9 meeting due
to surgery he has scheduled.
ADJOURNMENT
The meeting was adjourned at 8:10 p.m.
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Planning and Zoning Commission Regular Meeting
% March 27, 2002
Attest: APPROVED:
Deputy City Green, De P tY u Clerk Pat Bo Chairman
`br 6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
. COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST ME -FI T NAME-MIDDLE NAME NAM OF BOARD COUNCIL, SSION, AU RI R rHO O COMMITTEE t
e 7 - (0 ' f -' M I I`�-e it) P14404110 ,ui z COMM i� co M F-1 si iU
MAIL ADDRESS THE BOARD, COUNCIL", COMMSSION, AUTHO OR COMMTTEE ON
( , 0. 3 , 7 O < / `V WHICH I SERVE IS A UNIT OF
CITY i✓ CO (ff �� ! I TY Aar( ❑ COUNTY ❑ OTHER LOCAL AGENCY
G D * € - „ / . . - A A U E NAME OF PQ ITICAL SU IV ON:
DATE ON WHICH V TE OCCUR ED t 0 L {�
/ p� MY POSITION fS
.../ (/ d� ❑ ELECTIVE XAPPOINTIVE
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 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 8B - 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, ____ , � j � k ereby disclose that on /VA -- 20 D k:
(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 of __ -- , by
whom I am retained; or
_— 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 flicting interest in the measure
- ��
..S
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Date Filed 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