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P & Z - 09/25/2002 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD WEDNESDAY, SEPTEMBER 25, 2002 CALL TO ORDER Vice Chairman Golden called the meeting to order at 7:08 p.m. Following an invocation led by Member Landefeld and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Vice Chairman Golden, Members Keller, Landefeld, McKey, Miller (arrived 7:35 p.m.), Rhodus and West. Also present were Planning Director Wagner, Principal Planner Lewis, Senior Planner Grimms, Chief Assistant City Attorney Cookson and Deputy City Clerk Green. ABSENT: Chairman Bond and Member Riffe. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on tir' Tuesday, August 13, 2002. A'nis. ., . s Oil U��� ► •,.. U•e. - • ,- A_ 1 211 P .nni, .n• Z.nin. ommi i.nm- - in Me is i-.. -0. (Member Miller had not yet arrived.) NEW BUSINESS FORESTBROOKE SUBDIVISION — FINAL SUBDIVISION PLAN, PHASE 2 PROJECT NUMBER LS 2001 -08 Principal Planner Lewis presented the staff report for the Final Subdivision Plan (FSP) for Phase 2 of the ForestBrooke Subdivision. The entire ForestBrooke Subdivision encompasses 39 acres and is located east of Ocoee Apopka Road (CR 427) and south of McCormick Road. Phase 2, located on the north part of the site near McCormick Road, will have 74 single - family residential lots in a private gated community. On September 10, 2002, the DRC reviewed the FSP for Phase 2 of the ForestBrooke Subdivision and voted unanimously to recommend approval subject to providing a meeting room space acceptable to the City Commission and making revisions to the plans described in a memo from the Planning Department. Those changes have been incorporated into the plans as submitted to Planning and Zoning Commission, date `"''' stamped received September 16, 2002. Planning and Zoning Commission Regular Meeting *ay September 25, 2002 Mr. Lewis said an additional detail should be clarified on the plans. There is a Double Swing Metal Gate Detail drawing on Sheet 3A of the Lift Station Plans. It is recommended that brick columns be provided on both sides of the gate to match the rest of the columns used in the fence, rather than the metal gate posts as currently shown in that detail drawing. Mr. Lewis said, based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Final Subdivision Plan for Phase 2 of the ForestBrooke Subdivision, as date stamped received by the City on September 16, 2002, subject to providing a meeting room space acceptable to the City Commission and providing brick columns on both sides of the lift station gate rather than metal gate posts as currently shown in the plans. Member McKey asked if there were anything in the drawing showing the new configuration of the meeting area and if waivers had been requested. Mr. Lewis said Sheet 22 shows the site plan for the recreation area, but it does not show the footprint of the interior of the building. He said the building will be at least 1,000 square feet, and the building plans will be reviewed at a later date. Mr. Lewis said waivers were granted in the PSP and no additional waivers were requested for the FSP. He said the plans Niro- the requirements of the previously approved waivers. Mr. Lewis clarified several details about the plans in response to members' questions. Among them was Staff's recommendation for the brick columns instead of metal posts at the gates near the lift station as a Condition of Approval. Member West disclosed a conflict on the ForestBrooke Subdivision Final Subdivision Plan and his Memorandum of Voting Conflict is attached. David Evans, with Pecht -Evans Engineering, 501 E. Jackson Street, Suite 202, Orlando, 32801, was present on behalf of Kewin Real Properties Company. Mr. Evans said he had not been aware of Staffs comment about the brick columns at the gates. He then addressed members concerns. Concerning the columns at the lift station, Mr. Evans explained the gates were gigantic to accommodate larger trucks. He said the spacing of the columns would not match the column alignment along McCormick Road if changed as requested by Staff, but they could accommodate the Condition if required. Concerning the tract with the retention pond, Mr. Evans explained the bottom of the retention pond was about eight acres, the soils are permeable and expected to drain %r 2 Planning and Zoning Commission Regular Meeting '�.► September 25, 2002 quickly, and could be used for soccer or football during the winter months. He said it would be an open grassy area with no playground equipment. Concerning the cul -de -sacs, Mr. Evans said they were designed to accommodate emergency vehicles. Concerning elevations of the meeting area, Mr. Evans said they have submitted floor plans but not building elevations. He said it would have a residential look, stucco finish, and a pitched roof. Mr. Wagner recommended the applicant bring more details about the building to the City Commission meeting. In discussion about the meeting room, Mr. Evans said the building is larger than the 1,000 square foot requirement, and that the open portion would be shared with the pavilion area. Member McKey said he thought the room should be totally enclosed conditioned space, and that the spirit of the regulation was to have the 1,000 square feet under cover with air - conditioning. He said in his experience homeowners were not happy about outside meetings. 141 '" Mr. Evans recalled the history of the meeting room, and noted that the ordinance had been adopted during the development of this particular plan. He said the developer promised that Phase 1 would be contiguous to Phase 2 and he has kept his promise in those regards. Vice Chairman Golden asked if they were installing reuse lines and asked about drainage. Mr. Evans said they were installing the reuse lines and said no retention would be directed from the streets into the brook. Member McKey said he thought they had done a good job of following the guidelines and he appreciated their cooperation. As had been recommended by Staff, Member McKey, seconded by Member Landefeld, moved that Planning and Zonin• Commission recommend alp royal of the Final Subdivision Plan for Phase 2 of the ForestBrooke Subdivision, Project No. LS- 111-1: a .a - .m.-. r- -i -. . h- i .n -.t-m.-r 1. 2112 s .' t • providing a meeting room space acceptable to the City Commission and nrovidin • brick •Lmn en ..th i. - •f th- li . i•n ' . - r, h-r h.n m- .1 !at- . •sts . rr shown in the plans. Motion carried 5 -0, with Member West abstaining. Member Miller arrived. 3 Planning and Zoning Commission Regular Meeting *ore September 25, 2002 OCOEE BUSINESS PARK (AKA CPB FAMILY PARTNERSHIP) PUBLIC HEARING PRELIMINARY SUBDIVISION PLAN, PROJECT NUMBER LS 2001 -007 Senior Planner Grimms presented the staff report for the proposed Preliminary Subdivision Plan (PSP) for the project. The subject property includes 102.97 acres situated along the south side of Franklin Street and encompassing lands just west of the Western Beltway (SR 429) and just east of Bowness Road. The development is proposed to be developed as an industrial /commercial subdivision consisting of ten industrial parcels and two commercial parcels along the south side of Franklin Street. On September 16, 2002, the DRC reviewed the proposed Preliminary Plan. The Committee discussed the traffic improvement matrix and warranting of traffic signalization at the south entrance, and power line easements and the desire to have power lines buried. The DRC voted unanimously to recommend approval provided that the changes discussed were made to the PSP prior to sending them to the Planning and Zoning Commission. Mr. Grimms said most of the changes requested have been made to the plans before the board. Mr. Grimms said Jacob Riger, of Renaissance Planning Group, the City's transportation consultant, reviewed the latest traffic improvements matrix provided in the September 20, 2002, revised plans before the board and noted four likaw additional changes that he requested had been omitted. Mr. Grimms concluded with staff's recommendation for approval subject to incorporating the agreed upon changes during the DRC meeting and subject to four additional changes recommended by Jacob Riger being added to the traffic improvement matrix before the PSP is presented to the City Commission at its next meeting. Vice Chairman Golden said it would have been helpful to have additional information when he reviewed the plans. He suggested that, in future, items referred to in the staff report should be attached to the staff report, if feasible, and Member McKey concurred. Mr. Grimms pointed out the conservation areas that will be preserved in easement in their natural state. Member McKey asked if this was in the Glatting Jackson report and what was the essence of that report. Mr. Grimms said the essence was, basically, that the wetlands will be preserved in their natural state and an easement will cover them to ensure that. Vice Chairman Golden said if the ponds are to be used for wetland mitigation, he is concerned that the pond cross - section as shown has a 5 to 1 slope and about the pond shoreline. 4 Planning and Zoning Commission Regular Meeting low September 25, 2002 Mr. Grimms said the City Engineering department did not flag that as a concern. He said Ordinance No. 99 -23, as amended, provides that stormwater facilities will be designed with no greater than 5 to 1 side slopes to two feet below the normal water line so as not to require fencing or shall be designed with decorative structured walls or railings when integrated into hardscape design for the site. Vice Chairman Golden said he knows they have met the minimum, but he would like to see a 6 to 1 slope on these ponds if they will be supporting wetlands vegetation. Member McKey suggested that staff research the slope recommendation for wetland mitigation in order to bring it up to City Commission. Vice Chairman Golden said that type of detail could be worked out in the Final Plans. The public hearing was opened. Phillip Hollis, of Hollis Engineering, 605 East Robinson Street, introduced Bruce Gordy who was also present representing the owners, the Brown family, who have lived in the Ocoee area for many generations. Mr. Hollis addressed a few of the questions that have been raised. Isar He said they have far more than adequate preservation lands and mitigation capacity within the plan without any wetland plantings or vegetation in any retention ponds within the park. He said they have 50 foot landscape buffers backing their ponds and that the ponds are an integral part of a very grandiose entrance statement and overall feature that sets the character and the theme of the development. He said it will be the highest quality commercial and industrial development that Ocoee has seen, and that it meets and exceeds all Activity Center regulations. He said he thinks the four things Mr. Riger wanted have been included in the Plans, and they will continue to cooperate fully with staff. He said he would make absolutely sure they are on the plans before they go to City Commission. He said they have no problem with the additional monitoring that Mr. Riger wanted, and they want to fully comply with monitoring the traffic signalization, etc. He said each phase and parcel that is specifically identified within the plan does in fact have a complete development program. He said they have summarized the Glatting Jackson report into the plans so that the very minimum wetlands impacts that they have in this plan are specifically crosshatched and labeled within the plan. Mr. Hollis said they concur with the staff recommendations and would like to express their appreciation to the Staff for their input into the planning and design of this project. They think it is a much better project because of that and they concur with staff comments fully, and would appreciate the board's recommend for approval. 5 Planning and Zoning Commission Regular Meeting September 25, 2002 Member West asked if the owners had been required to provide right of way on Franklin Street for future widening to four lanes. Mr. Hollis said the Expressway Authority had already taken right of way they needed for the passage underneath and said Staff had required a specific turn lane design and provision of specific storage lanes. Member West pointed out a zoning error on the map. He said the parcel on the west side of the subject property was in Winter Garden and the zoning should be C -1 instead of A -1 as shown. In response to questions by Member West, Mr. Hollis explained in detail the design and signalization of roadway access to their property, especially as it related to SR 429, and also confirmed the Brown family plans to "build to suit" and lease the properties rather than selling them. Member McKey said he liked the elevations and hoped it turned out half as good as their renditions. As no one wished to speak, the public hearing was closed. Vice Chairman Golden said he would like the 6 to 1 slope, at least in the first five feet *oa•► along the shoreline. Mr. Hollis said those are cypress trees and the tree slope is different from the herbaceous slope. Member Kener, seconde by Member West, moved that Planning, and Zoning Commission recommend approval of the revised Preliminary Subdivision Plan for Ocoee B. sine Park . - No L 2001 -11 _ . •a - tam. - r- -i -• • h- it on -. - • 2112 in • •or. in. h- a'r--. ..•n h.n.- • _rin• t - DR m--tin! .n• _•. t • f• .r .•.ii•n.l han.-. r - •mm - • a •• Ri' - r in his m •. - . September 25: 1. To- matri or a .m..ni•n ,o1- he .10 incl d- h- • -v-loom-n •ro 'ram components for each phase and parcel. 2. The matrix should specifically list the project entrances to be improved on SR 438 as is shown for Bowness Road (south entrance, etc.). 3. The first footnote should be clarified to state that monitoring would occur not for h- n- - . for i.naliz. ion b_t .1 o th- n--. for •th-r _ •-s If improvements (such as additional turn lanes). 4. The second footnote (regarding the intersection of SR 438 and Bowness 'e should be edited for grammatical clarit and a clause should be added -f-r-n in. th. h- •nit•rin. will • - for th- n- -. for in -r - ti.n ' - ome or signal timin. / • e, in_ im. rovements. Motion carried 7 -0. *or 6 Planning and Zoning Commission Regular Meeting %or September 25, 2002 OLD BUSINESS - None. OTHER BUSINESS - None. MISCELLANEOUS Member Landefeld asked the status of the shirts for board members and was advised that they have been ordered. Planning Director Wagner explained there had been significant reorganization in the City. He said the Planning Department has been merged with the Building Department. The new department has been named the Community Development Department and will be made up of the Planning Division and the Building Division. He said his title will be Community Development Director, Robby Lewis will be Planning Manager and Jim Washington will be Building Official. Mr. Wagner said the adoption public hearing for the Comprehensive Plan will be held in the October 1 City Commission meeting. He said when it has been accepted and found in compliance with the state, they will re- publish the Comprehensive Plan and will provide r a copy of the most up -to -date plan to members of the Planning and Zoning Commission. Vice Chairman Golden asked how Planning Commission members would know if their comments about the Comprehensive Plan had been incorporated. Mr. Wagner said they could provide members with copies of the additional information that is being provided to the City Commission. He said the comments the Planning Commission had made at their public hearing were already incorporated into the changes that the City Commission saw. He said in the second hearing they are responding to the state comments. ADJOURNMENT The meeting was adjourned at 8:15 p.m. Attest: APPROVED: ' <JP im-- T 41-1 dt4 Marian Green, Deputy City Clerk Vrs Golden, Vice Chairman 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ,,, COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA -FIRST NAME -MID LEN M E NA OF BOARD, COUNCI , MMISSION H COMMITTEE (n C NAME-MID MI ` ( o it) u o ee yI - A t ?UT ORITY, OR 7 il MAILIN DRESS THE BOARD, COUNCIL, COMMISSION, AUTHOR OR COMMITTEE ON J (/ % 1 r l � / D 2 WHICH I SERVE IS A UNIT OF: CITY l / Go TY CITY ❑ COUNTY CI OTHER LOCAL AGENCY f } .t D el y ) �,�q� C , NAME OF PPITII SUBD�SI7N: Oa' ON WHICH VOTTE �RRE�L MY POSITION IS: - 7 �� ❑ 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 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 kiwi 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) APPOINTED OFFICERS (continued) „r • 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 1, � i�!! L "// /( !! VL- � , hereby disclose that on - -- 5 4 _, 20 0_0 (a) A measure came or will come before my agency which (check one) 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 organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting • terest i the measure is as follows: L r / A OF • / / is p49 9 - 2,5 o - -- - — -= — /A)e - - - - -- 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