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07-11-2017 Minutes Mayor Commissioners Rusty Johnson John Grogan, District 1 It* Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 o c o e e Robert Frank Joel F. Keller, District 4 florida PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MINUTES July 11, 2017 I. CALL TO ORDER - 7:00 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chairman McKey, Vice-Chairman Keethler, Member Evans, Member Frommer, Member Richemond, Member Sills and Member Wunderlich. Also present were City Planner Rumer, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. Absent: Member Henderson, Member West II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held June 13, 2017. B. Sunbelt Rental 1. Large Scale Final Site Plan City Planner Rumer Chairman McKey inquired if anyone had any questions or comments regarding anything on the consent agenda. Vice-Chairman Keethler indicated he had questions concerning the Sunbelt Rental Final Site Plan. Chairman McKey announced Consent Agenda Item B, Sunbelt Rental Final Site Plan (FSP), will be pulled for discussion, and asked for a motion on Consent Agenda Item A, Minutes of the June 13, 2017, Planning and Zoning Meeting. Planning and Zoning Commission Meeting July 11,2017 (7:02 pm) Motion for Approval of the Consent Agenda Item A: Moved by Member Sills, Seconded by Member Evans; Motion passed 6-1 with Vice-Chairman Keethler abstaining. Chairman McKey opened up the floor for comments and/or questions regarding the Sunbelt Rental Final Site Plan. Vice-Chairman Keethler inquired about the length of the right-of-way; and further, asked what, if anything, has been updated or changed. City Planner Rumer answered the right-of-way is five (5) feet on each side of the road and explained that the sidewalk is outside of the right-of-way; and further, he indicated there were minor changes regarding minute details like, for example, the size of a water pipe. He explained that Public Works recommended against planting big trees at the southern edge of the property near the stormwater retention pond and indicated the trees will be planted to the west of State Road 429 instead of to the east. Vice-Chairman Keethler further inquired if there was any change to the leasable parcel. City Planner Rumer updated the board and indicated the previous plan was a Preliminary Subdivision Plan (PSP) containing three parcels. This plan has now changed to a one-lot plat containing one parcel. Chairman McKey asked if all staff and applicant issues were resolved. City Planner Rumer explained that only two pages will be updated with regards to the size of the force main pipe. (7:07 pm) Motion for Approval of Consent Agenda Item B: Moved by Vice-Chairman Keethler, Seconded by Member Wunderlich; Motion carried unanimously. I. OLD BUSINESS - None II. NEW BUSINESS (7:02 pm) A. Sunshine Law Update Assistant City Attorney Crosby-Collier 1. Open Government Law 2. Public Records Law 3. EthicsNoting Conflict 2 ' Page Planning and Zoning Commission Meeting July 11,2017 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 and public records law. Discussion: (7:24 pm) Vice-Chairman Keethler commented that the Sunshine Law applies to communication between board members and inquired whether it applies to communications between board members sitting on different boards. Assistant City Attorney Crosby-Collier replied that it does not and explained that they are allowed to speak with, for example, city commissioners or the mayor or any board member on a different board. She further explained that it is not allowed for a board member to discuss issues with anyone as a "go between" or "conduit" for communications with another member on the same board. She reiterated that it is best for members to only discuss board issues during the time of the meeting. Member Richemond asked if he is allowed to discuss a project that has been open to the public and before this board if he is approached by someone within the community. Assistant City Attorney Crosby-Collier clarified that by the time this board hears about a project it is public record; and further, she stressed that as members of this board they are the voices of the citizens within this community, and their input is desired and valued by the City. Member Wunderlich discussed members of the public speaking at the meeting and inquired whether anyone is entitled to speak. Assistant City Attorney Crosby-Collier commented that anyone is entitled to speak, but the government entity is entitled to control the comments by setting up a time limit and/or deciding where on the agenda the public comment will take place. Assistant City Attorney Crosby-Collier concluded her presentation by stating the State Code of Ethics entailing Standards of Conduct, Voting Conflict, Financial Disclosure and the penalties for violation of Code of Ethics. Chairman McKey inquired whether it would be in violation to participate in discussions on an item in which a member is declaring a voting conflict. Assistant City Attorney Crosby-Collier informed the board that they must declare the voting conflict before the vote, but they are allowed to participate in discussion, but by no means are they allowed to influence any decision by oral or written communication to which that would be in violation. 3IPage Planning and Zoning Commission Meeting July 11,2017 III. MISCELLANEOUS (7:48 pm) A. Project Status Report - City Planner Rumer updated the Board on the current ongoing projects. He reported that the Oak Trail Reserve Subdivision finished up their preconstruction meeting and will begin construction soon. The builder is D.R. Horton. Foundation of Light finished up their preconstruction meeting and will begin the construction of a parking lot. The Orlando Gun Club had a grand opening event. The apartments at the Arbours at Crown Point are almost complete. The Park Place at Maguire apartments were recently sold for $50 million. He remarked there is an influx of developments for medical offices within the city. He announced Bluford Avenue will be undergoing construction soon, which is part of the Downtown Redevelopment Plan. Discussion ensued regarding the development pertaining to the City Center. He stated applications were received for a Taco Bell and Wendy's to be built in front of the Publix off of West Road. B. July Calendar IV. ADJOURNMENT - 8:02 pm ATTEST: APPROVED: ce,"11-1117,e'er" athy Hea d, a ecording Clerk Rob McKey, Chairman 4IPage