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HomeMy WebLinkAboutP&Z 06/12/07 . . MINUTES OF THE PLANNING AND ZONING COMMISSION . ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JUNE 12,2007 CALL TO ORDER Chairman West 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 West, Members Campbell, Morris, Rhodus, and Sills. Also present were City Attorney Palmer, Principal Planner Fabre, Principal Planner Rumer and Recording Clerk Moseley. ABSENT: Vice Chair Golden (excused), Members Conkling (excused), Dillard (unexcused), and McKey (excused). CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, Maya, 2007. . Member Sills, seconded bv Member Rhodus, moved to acceot the Minutes of the Mav 8. 2007. Plannina and Zonina Commission meetina. Motion carried unanimouslv. . . OLD BUSINESS None NEW BUSINESS GLAD TIDINGS ASSEMBLY OF GOD CHURCH - SPECIAL EXCEPTION AMENDMENT Principal Planner Fabre stated the subject property #2-06-SE-00a is located on the north side of Fuller's Cross Road, approximately 750 feet east of Ocoee- Apopka Road. The future land use is residential, single-family low-density, and the zoning is R-1A; both of which allow for church use. There is an existing church right now that is approximately 12, 000 square feet and has parking. The retention area was built in anticipation of their expansion to the rear. The applicant was given preliminary and final approval for building the church and the associated uses and infrastructure. Subsequently, they bought a parcel that is required to have a special exception use permit obtained, prior to the final site plan submittal. It is his understanding that they are ready to submit for Phase 2; at the same time, they can get a preliminary site plan on the ultimate build out. . . . . . Planning and Zoning Commission Regular Meeting June 12,2007 Principal Planner Fabre showed the boundary survey of the property and additional land and right-of-way. He also showed a color depiction of the phases. The second phases consists of a two-story 34,000 square feet (footprint 20,000 square feet) school and office building addition expanding the rear of the existing church structure. This phase will include a 5,380 square feet play area for children and associated additional parking. For Phase 3, the plan illustrates a 5,000 square foot office building addition expanding the front of the existing church structure. The ultimate build-out (Phase 4) will consist of a 26,000 square foot church sanctuary addition expanding to the east on the acquired land. It was agreed that the traffic impact study would be completed during the Phase 2 of the construction. He announced that a copy of the preliminary site plan was included in the packets for review. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on May 29,2007, and reviewed the Special Exception application and Preliminary Site Plan. There were several minor technical issues to be addressed from the City Attorney's Office and Planning Division that were identified in written staff comments and presented verbally. All of the issues were discussed and a few minor changes to the plans were agreed upon. When the discussion was finished, the DRC voted unanimously to recommend approval of the Special Exception for Glad Tidings Assembly of God Church, subject to the applicant making changes specified in the reports. These changes were made and shown on the plans date stamped received June 4, 2007. However, three items were not properly addressed; the following items are: 1. Revising Condition of Approval #5 to actually reflect the agreed upon language outlined in the staff review comments (Planning Division dated May 29, 2007) "Left turning lanes at each project entrance shall be provided based on the Phase 2 traffic analysis at the sole cost of the developer. " 2. The additional road right-of-way should be labeled Tract "A" and "B" accordingly as referenced on Condition of Approval #2. 3. Indicate total square footage for Phase 2 (20,000 square feet footprint + 14,000 square feet for 2nd floor) 34,000 square feet. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Glad Tidings Assembly of God Church/Special Exception and the 2 . . . . . Planning and Zoning Commission Regular Meeting June 12, 2007 Preliminary Site Plan for Special Exception subject to incorporating the three items mentioned above before the City Commission meeting. DISCUSSION Chairman West asked why it had to be a special exception. Principal Planner Fabre said daycares and churches require special exceptions and they had it on the original church, but now that the land has changed they need another one. The Public Hearing was opened for the Glad Tidings Assembly of God Church/Special Exception. Clinton Howell, Executive Pastor of Glad Tidings, 2009 Fuller's Cross Road, said he was here tonight with his contractor, engineer, and a member in case the board had any questions. He stated his appreciation for the board hearing his case. The Public hearing was closed. Member Campbell said it looked like a nice program. He asked if the plans would have to come back before the board again. Principal Planner Fabre said Phase 2 will bring plans back to the board and the City Commission meeting. The office portion of it could be handled administratively. Member Morris. seconded bv Member Sills. moved to approve the Glad Tidinas Assemblv of God Church Special Exception and Preliminary Site Plan for Special Exception. Proiect 02-06-SE-008. Motion carried unanimouslv. THOMAS PROPERTY - ANNEXATION AND REZONING Principal Planner Rumer stated the subject property is located on the east side of Lauren Beth Avenue, 600 feet south of the intersection of Clarcona Ocoee Road and Lauren Beth Avenue. The existing land use designation contains low- density residential (allowing up to 4 dwelling units per acre) and some conservation (covering some wetlands and 100 year flood area). He showed an aerial photo of the vacant property and explained that it is currently zoned agricultural in Orange County. The applicant intends to construct one single- family home at this time. The property meets the intent and the conditions of the JPA and Florida Statutes for voluntary annexation. 3 . . . . . Planning and Zoning Commission Regular Meeting June 12, 2007 DEVELOPMENT REVIEW COMMITTEE On June 4,2007, the Development Review Committee (DRC) met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommend approval of the annexation and rezoning of the Thomas Property parcel as presented. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of annexation and rezoning to City of Ocoee "A-1" DISCUSSION Chairman West inquired if the applicant would be building the house in the back of the property and if the right-of-way was on south side. Principal Planner Rumer answered he could build where ever those wetlands would afford him and said there was enough land for a right-of-way. Chairman West asked if they get water and sewer from the City for this. Principal Planner Rumer said they have not requested that at this time, but it is nearby if they did want to hook onto it in the future. He said they are permitted to use a well and septic on property this large; however, if they do subdivide the property they will need to hook up with the City. Principal Planner Rumer said the small cut-out on the photo was in Orange County and would remain the same. The Public Hearing was opened for the Thomas Property Annexation and Rezoning. Dan Blankenship, 2201 Lauren Beth Avenue, said his property was connected to the north of the subject property. He asked why they are rezoning A-1 to A-1 and on the some City paperwork it says R-1A. Principal Planner Rumer said preliminarily the applicant requested R-1A because that is what they originally required. After review they found that R-1A allows them to build 10 homes on the property. Since then, they have revised it to A-1 from Orange County to bring it into Ocoee as A-1. He said that imposes 1 unit per acre and clarified it is just a change because it is from the county to the city. The Public Hearing was closed for the Thomas Property Annexation and Rezoning. 4 . . . . . Planning and Zoning Commission Regular Meeting June 12, 2007 Member Camobell. seconded bv Member Morris. moved to recommend approval of the Thomas Properlv Annexation of :t: 18. 698 acres of land and to rezone that to A-1 General Aariculture. Motion carried unanimouslv. OAK LEVEL HEIGHTS - ANNEXATION AND REZONING Principal Planner Rumer stated the subject properties were located on the south side of Clarcona Ocoee Road, at the southwest corner of the intersection of Clarcona Ocoee Road and Angola Street; it is directly across from the Golf Course. The current land use designation is low-density residential and the subject site consists of lots 3, 4, and 5. The existing zoning is Orange County A-1 and the applicant is proposing to annex and rezone to R-1, whereas the R-1 is currently to the east. Principal Planner Rumer said the staff reports given out include the history of the case. The property is able to ask for voluntary annexation and is contiguous to the City of Ocoee because we have the golf course to the north. It meets all other JPA and Florida Statute requirements. The applicant is seeking to connect to City water, which is available; however, City sewer is not currently available. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on June 4,2007, to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussion, the DRC recommended approval of the annexation and rezoning of the Oak Level Heights parcels as presented. STAFF RECOMMENDATION Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation of the .60 :t:acres of land known as the Oak Level Heights, and rezoning to R-1 single-family dwelling, subject to the applicant entering into an annexation agreement which would waive the provisions of Section 5-10 (B) of the Land Development Code. DISCUSSION Principal Planner Rumer stated the non-conforming convenient store was taken out of the annexation. It will have to enter into an agreement to receive water and will annex in once the City asks them to. Member Campbell asked if this was three small plots for three small houses. Principal Planner Rumer said they would be on three platted lots and people 5 . . . . . Planning and Zoning Commission Regular Meeting June 12, 2007 who are not contiguous have been coming to us regularly to get annexed into the City. The Public Hearing was opened for Oak Level Heights Annexation and Rezoning. George Laman, 1137 E. Plant Street, said he owns one of the lots and is representing two of them. He said that nobody he has talked to in Orange County can figure out why this subdivision of such small lots on such a small parcel is zoned A-1. The main reason he is trying to come into the City of Ocoee is because he realizes the convenient store is on a well, which is too close to him to maintain the required 75 ft. for his septic tank system. However, he can maintain 50 ft. by Florida Law with a variance. He didn't want a septic tank within 50 ft. of a well of a store that sells food. He thought he could annex into the City and obtain water for himself and then also for the convenient store next door so that they could eventually hook up to the City as well. Member Sills wished they could have gotten the store in, rather than leaving them an enclave, but he understands. Member Morris asked what the non-conforming use was. Principal Planner Rumer said the land use is low-density residential, but the zoning is agricultural. They would have had to rezone it to C-2, which would require a land use change. Martha Talia, 5144 Angola Street, asked for clarification of some rumors she has heard that apartments would be built on the subject property. Chairman West said it was single-family homes and no apartments or duplexes. Mr. Laman assured her that the three homes planned are 1531 square feet. The Public Hearing was closed for Oak Level Heights. Member Morris. seconded bv Member Rhodus. moved that the Plannina and Zonina Commission recommend approval of the Oak Level Heiahts Annexation and Rezonina. Proiect AX-04-07-06 and RZ-O 7-04-0 7. Motion carried unanimouslv. PIONEER KEY REGIONAL POND - ANNEXATION AND REZONING Principal Planner Rumer said the City of Ocoee is the applicant on this case. He said the subject property is located west of Ocoee Apopka Road and north of Palm Drive. He showed an aerial photo of the property and pointed to a portion that the City currently owns, while the adjacent piece is in unincorporated Orange County. There is a regional stormwater pond on that piece of property and it 6 r I . . . . . Planning and Zoning Commission Regular Meeting June 12, 2007 made more sense to annex it into the City. The future land use designation is commercial, but will be a regional stormwater pond and that is the only development proposed with the City. The property is contiguous on the east and south so they can do this voluntary annexation. There will be parking available to the south and a trail that leads to it for walkers. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on June 4, 2007, to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation and rezoning of the Pioneer Key Regional Stormwater Pond parcel as presented. STAFF RECOMMENDATION Based on the above analysis and subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation of the 4.752 :t acres of land known as the Pioneer Key Regional Stormwater Pond parcel, and rezoning to C-2 Community Commercial. DISCUSSION Chairman West asked about the piece of property due south and what that would be. Principal Planner Rumer said that would be a parking area with a path leading around it. Chairman West inquired about the trail and where that would play in to this area. Principal Planner Fabre stated that they are working with some of the property owners over there regarding the trail, but they are not there yet. The Public Hearing was opened for the Pioneer Key Regional Stormwater Pond. As there was nobody wishing to speak, the Public Hearing was closed. Member Camobell. seconded bv Member Sills. moved to recommend approval of the Annexation of 4. 7S:t: acres of land known as Pioneer Kev Reaional Stormwater Pond. and rezonina of that plat to C-2 Communitv Commercial. Motion carried unanimouslv. PROJECT STATUS REPORT None. 7 . . . . . Planning and Zoning Commission Regular Meeting June 12, 2007 ADJOURNMENT The meeting adjourned at 7:38 p.m. Attest: Clerk 8 APPROVED: ) 7Jdir?vill Milton West, Chairman