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03-08-11 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MARCH 8, 2011 CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice Chair Golden, Member McKey, Member Sills, Member Dillard, Member Morris and Member West. Also present were Assistant City Attorney Watson, City Planner Rumer, Principal Planner Fabre and Recording Clerk T. Williams. ABSENT: Member de La Portilla (A/E) and Member Hollingsworth (NE) CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Wednesday, February 8, 2011. Member McKev, seconded by Member Sills, moved to accept the minutes of the February 8, 2011, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS 529 OCOEE APOPKA ROAD Principal Planner Fabre gave a brief history of the project and desired zoning change. The northern parcel has already been annexed with a Future Land Use of "commercial." The southern parcel needs a Small -Scale Comprehensive Plan Amendment to have a commercial zoning designation. DISCUSSION Member McKey inquired if the properties can be developed separately. Principal Planner Fabre stated they are under 25,000 square feet and can be developed separately. Member McKey inquired what recourse the Planning and Zoning Commission has if they do not agree with the development of a parcel. Assistant City Attorney Watson stated the board does not necessarily have any recourse; however, development of each parcel will have to follow the same approval process. Public Hearing- Opened No comment Public Hearing - Closed Planning and Zoning Commission Meeting March 8, 2011 Member Sills, seconded by Member West, moved to recommend approval of the 529 Ocoee - Apopka Road (southern parcel) Small -Scale Comprehensive Plan Amendment and Initial Zoning based upon staff recommendation for approval. Motion carried unanimously. WEST PROPERTY REZONING City Planner Rumer gave a brief description of the property location and reason for the rezoning. Applicant is requesting a rezoning from R -1 (Single - Family Dwelling) to 1 -1 (Light Industrial). Some of the surrounding properties located in unincorporated Orange County have received land use amendments. The property is subject to a pre - annexation agreement with the City, Property Owners and Winter Garden. DISCUSSION Member McKey inquired the location of the Winter Garden parcel. City Planner Rumer stated the Winter Garden property is located on the west side of east Crown Point Road. Member McKey inquired of the permitted uses for 1 -1. City Planner Rumer stated light industrial, no outside storage and retail. Public Hearing — Opened No comment Public Hearing — Closed Member Sills, seconded by Vice -Chair Golden, moved to recommend approval of the West Property Rezoning 8.89 + /- acres from R -1 to 1 -1 based upon staff recommendation for approval. Motion carried unanimously. UPDATE ON CAPITAL IMPROVEMENT ELEMENTS City Planner Rumer gave the board a brief history of the CIE plan and deadlines. While a yearly update was recommended, it was not enforced. However, in 2011 sanctions will be given to cities that do not update their CIE. The City has not historically updated the CIE. It can be updated three times a year, one in which can be done through a single adoption public hearing. Using the single adoption public hearing, the City Commission adopted an amendment to the CIE, to include the Capital Improvement Program. Vice -Chair Golden inquired if the Capital Improvement Program was available on -line. City Planner Rumer responded it is available on -line and gave instructions how to access the information. Vice -Chair Golden inquired of the future project on the corner of Bluford and SR50. City Planner Rumer stated the project is a small subdivision and it will come before the Planning and Zoning Commission. Member McKey inquired if 2 Planning and Zoning Commission Meeting March 8, 2011 the development is consistent with the CRA. City Planner Rumer stated the development is consistent with the CRA. Member McKey inquired as the status of Colony Plaza. Assistant City Attorney Watson stated there are still some legal challenges being reviewed. MISCELLANEOUS ADJOURNMENT The meeting adjourned at 7:32 p.m. Attest: APPROVED: i ..C111C&—LiljULLM=C „i /// Tisha Williams, Recording Clerk Bradley Campbell, Chairman 3 FORM 813 MEMORANDUM -OF VOTING I IIPAL- AND OTHER LOCAL PUBLICOFFICERS i-, VLME—FIRST NA.NE— IDDLE N,UME NAME OF 8 PD. COUNCIL, COMMISSION, AUTHORITY, OR COSLNITTEE H,ULINC DRESSf `� THE BOARD, COL^ICIL CO ISSION, AUTHORITY O COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY/ COUNTY CITY O COUNTY ® OTHER LOCAL AGENCY 1 (�. A ..9 NAME OF POLITICAL SURnM.1,1oN- DATE ON WHICH VOTE WHO MUST FILE FORM 88 O ELECTIVE A' APPOINTIVE 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 chis 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 ocher 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 vocing on a measure 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 co 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 noc pro- hibited 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 TARN 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 minuces. * « « « « « * APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, 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. 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 I 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 hereby disclose that on /V/P AA ')- o 1 G� — 19 (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 conflicting interest in the measure is as follows: ,C) rC�V� by-x�t Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MARE ANY REQUIRED DISCLO- SURE 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 - REV. 1/95 PAGE 2