HomeMy WebLinkAbout07-08-86
MINUTES
OF THE 30INT PLANNING & ZONING AND THE CITY
COMMISSION MEETING HELD 3ULY 8. 19.~
.
The .eeting was called to order at 7:30
Swickerath and Mayor I.on led everyone in
pledge 0% allegiance to the %lag.
p... by
prayer
Chair.an
and the
PRESENT: Chairaan Swickerath, Board Me.bers Brooklyn, Cook,
Sander. and Collella: Mayor I.on. Coaai..ioner. Johnson.
Bateaan and Hager: City Attorney Kruppenbacher, City Planner
Wagner and City Clerk Catron.
ABSENT: City Co.aiaaioner Rodgers. Planning & Zoning Board
Me.bere Linebarier who was on vacation and out 0% the country
and Saith who was out 0% town due to a death in the %aaily.
APPROVALS
Marvin Sander. .oved to approve the ainute. 0% the Planning &
Zoning Board Meeting held 3une 10, 1986, Edgar Brooklyn
aeconded and approved unaniaously.
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COMPREHENSIVE PLAN AMENDMENTS & REZONING PETITIONS - PUB1.IC
HIARINGS
City Planner Wagner explained that the %ollowing
propo.ed co.prehensive plan a.endments and rezonings were
only ata%z reco.aendationa at thia point and for the. to feel
%ree to use the. only a. a starting point %or discussion. He
stated that it waa iaportant that they were comzortable with
the land use change. they decide on tonight as the changes
need to be certizied azter the public hearings and
discuasion. Chairaan Swickerath said that he would have City
Planner Wagner explain each plan a.endment and rezoning and
then a repre.entative %roa Orange County. Nancy Christman.
was preaent and wanted to address the. on several of the
ite.s on the agenda.
LAURANNA BECK-TURNER PETITION
A. 1.and U.. Chang.: The proposed land use change was %rom
Residential to Pro%e.aional - Coa.ercial and Mixed
<Reaidantial/Professional-Coamercial>.
B. R..oning: The propoaed rezoning waa %rom R-l-AA to P-S.
Chairman Swickerath then opened the Public Hearing. Several
reaidenta spoke against this land use change and rezoning,
including Frog Vandergrift and Thel.a Healding. Co... Hager
felt it ahould reaain residential and Mayor Ison questioned
turning a %r..e dwelling into a business. Board Meaber
Brooklyn stated that the long range plans set years ago were
that no co..ercial would be approved Eaat 0% Blu%ord on
Silver Star Road. The Public Hearing was then cloaed. Edgar
Brooklyn then moved to deny the application. Marvin Sanders
aeconded and the aotion waa approved 4 to 1 with Chairaan
Swickerath voting nay.
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WSSCAR. INC. PETITION
A. Land V.e Change: City Planner Wagner explained that the
propoaed l4nd use ch4nge W4a from low density reaidenti41 in
the County to Co..ercial and Mixed (Reaidential/Pro~essional-
Co..ercial) with rezoning ~ro. A-l to C-2. Chair.an
Swickerath then opended the Public Hearing. Nancy Christman.
with Orange County Planning Department, atated that they were
concerned with the depth of com.ercial unleaa Clark Road was
i.proved. Dave Outlaw. repr.aenting Weacar and Lou Geyea,
owner, both spoke regarding the propoaed change and atated
they had apoken at length with the ata~~ and at thia time did
not have i..ediate plana to build a shopping center and would
probably only build on. at ao.. ti.e in the ~uture aa the
City growa. A natural bu%fer will be created with the
propoaed Pro%eaaional to the South and Comm.rcial on the
North and they agreed with the ata%% on the land uae. There
were no co..enta %roa the public and the City Coa.ission did
not .ee any problem with the propoaed land use as recommended
by the ata~~. The Public Hearing waa then closed and
Chairaan Swickerath aaked %or co..enta %ro. the Board. The
Board M..ber. were in agr....nt with the sta~~
reo..endations. Marvin Sandera .oved to reco..end the change
in the land uae as sub.itted, co..ercial on the North 2/3 and
Mixed on the South 1/3, Liz Cook aeconded 4nd the motion
carried unanimously.
B. Rezoning: The proposed rezoning recommended by ataf%
waa to C-2. which provides %or a v4riety 0% usea. The
~ublic Hearing wea then op.ned %or com.ents. Nancy
Chriat.an. Orange County Planning D.pt., recoa.ended the
Northern part o~ the property be C-3 and the southern part
be P-S. S.veral optiona discua..d were PS or R3. There
being no other co..ent. the Public H.aring was closed. The
owner and d.vloper o~ the property concurred with the staff
recom.endation. and %ound the PS .or. acceptable. The Board
had no problem with the top 2/3. H on the .ap. being C-2 and
the bottom 1/3. I on the .ap. being PS. Ron Collella aoved
to reco..end that the rezoning be approved. Marvin Sander a
seconded and the .otion carried unanimously.
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LAKENDON PETITION
A. 1.and V.. Change: Sta%% reco..ended the commercial uae
%or the area be carried over. The Public Hearing was then
opened up. Don Wingate, repreaenting Lakendon, stated they
are requeating the aame zoning in the City aa they have in
the County. A citizen stated that there aay be wetlands in
that area. There were no other co..enta fro. the public or
the City Co..iaaion and the Public Hearing waa closed. Ron
Coll.lla .oved to approve the land uae change aa reco.mended.
Marvin Sander. aeconded. and the aotion was approved
unaniaoualy.
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B. Rezoning: The sta%% recoaaended C-3 zoning for this
property. The Public Hearing was opened. and there being no
co..ents. was closed. Marvin Sander. .oved to reco..end C-3
zoning, Edgar Brooklyn seconded and the aotion carried
unani.oualy.
U. S. HOMES CORP. PETITION <VOSS>
A. Land U.e Change: City Planner Wagner explained that the
land use change waa %ro. low density reaidential in the
county to residential in the city. He further explained
that the area noted aa "P" on the .ap was not included in the
rezoning. Chair.an Swickerath then opened the Public
Hearing. Co.aiasioner 30hnson asked if area P would be re
sub.itted at .o.eti.e in the %uture. The Public Haring was
then closed. Liz Cook aovd to accept the land uae change to
residential, Edgar Brooklyn seconded and the aotion carried
unaniaously.
B. Rezoning: The propoaed rezoning was %roa A-l and k-l-A
to PUD. Chairaan Swickerath then opened the Public Hearing.
Mayor Iaon asked that the integrity 0% the neighborhood be
protected and Coaaiaaioner Johnson atated that he would like
to .ee the aaae size lots or better all the way back. The
Public Hearing was then cloaed. No ~or.al action was taken.
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w. C. DAVIS PETITION
A. 1.and U.e Change: City Planner Wagner explained that this
land use change was %roa rural reaidential in the county to
residential and coa.ercial in the City. The Public Hearing
was then opened by Chair.an Swickerath. Nancy Christaan
expressed concern over the depth 0% co..ercial and requested
that it be liaited and that Clark Road be paved. Chair.an
Swickerath opened the Public Hearing. Mr. W. C. Davis said
that he had no problem with the land use as recoa.ended by
the sta%%. There being no co..ents the Public Hearing was
closed. Edgar Brooklyn .oved that the land uae be as
outlined in the ata%% report. Marvin Sander a seconded and the
aotion carried unani.oualy.
B. Rezoning: City Planner Wagner explained the property
was proposed %or C-2 zoning %or the south 660~ and R-l-A for
the north 960~. Chairaan Swickerath then opened up the
Public Hearing, there being no co..enta, the Public Hearing
waa closed. Chair.an Swickerath aaked i% sewer was available
and was told that it would be. Marvin Sander a aoved to
recoa.end the property be rezoned per sta~f reco..endations.
with the C-2 %or the South 660~ and the R-l-A for the North
960~. Edgar Brooklyn aeconded and the .otion carried
unaniaoualy.
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BARRY S. GOODMAN, ET.AL.<SPRING LAKE>
A. Rezoning: City Planner Wagner explained that this
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property only involved the rezoning aa it had been in the
City ~or so.atiae. The rezoning requast was from R-3 to PUD.
This PUD includes a small coamercial area that represents
less than 5% of the total land area. Chairaan Swickerath
then opened the Public Hearing. Bob Londeree landscape
architect ~or the proJect. explained that he did the design
~or the proJect iz they had any questions. Mayor Ison stated
that the utilization o~ the PUD zoning usually .eana a
decrease in density. Chair.an Swickerath stated that he was
usually in zavor o~ PUD as you have control and he was a
proponent of higher develop..nt in this area. He expressed
concern over the density 0% develop.ent in this proJect and
atated that the way he zigured it. the real density zigured
out to 50 units/acre. He then asked Nancy Christ.an how the
County zigures the density. She stated that for the gross
they exclude water bodies and land conservation areas and for
open apace exclude ator. water retention ponda including the
100 year zlood plain. Mayor Iaon asked about egreas on Clark
Road. Coa.iasioner Hager stated that there would be high
water in this area. No action was taken.
RECESS: 9:00 P.M.
CALL TO ORDER: 9:10 P.M.
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HELLER 8ROTHERS PLAN AMENDMENT REQUEST
A. Land U.. Chang.: City Planner Wagner explained that this
property was currently zoned R-3 and they were asking for
a plan a.end.ent only at this ti.e. They do not have their
plans finalized; therezore. they are requesting a .ixed use
<Residential/Pro%essional/Coa.ercial) for the land use and
will co.e back at a later date with a rezoning requeat. He
stated that West Orange Memorial Hospital is currently
developing on the SE corner of the property. Chairman
Swickerath then opened the Public Hearing, there being no
co.ments. the Public Hearing was closed. Chairman Swickrath
then asked for coaaents %roa the board. Edgar Brooklyn asked
what the plans were for Twin Lake. Drive. It was explained
that part 0% the road was on Heller property. part owned by
another developer and the City and Heller had nothing to do
with that. Marvin Sanders aoved to recoaaend the land use
change, Liz Cook seconded and the aotion was approved
unaniaously.
HARVEY HELLER PETITION - I
A. Land U.. Chang.: City Planner Wagner explained that they
were requesting land use change fro. rural residential in the
County to residential in the City. and the property cannot be
devloped until utilities are available. Chair.an Swickerath
then opened the Public Hearing. Coaaissioner Johnson asked
about the airport south oz the property and the proposed
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extension o~ the East/West expressway in relation to this
request. The Public Hearing was then closed and Chairman
Swickarath asked for comments from the board. Mr. Collella
stated that he did think reaidential waa appropriate next to
the airport. City Planner Wagner stated that a lot o~
queations needed to be addreased concerning thia property and
this section o~ Ocoee. Mayor Ison stated that there is a
question whether the airport will continue there or not.
Chairman Swickerath asked i~ the developer and Glenn Jackson.
representing the Heller %aaily, had conaidered a PUD. Mr.
Jackson responded that they had been working on this proJect
with the City %or two yeara and they were trying to move
~orward and %elt that commercial and multi:amily were needed
%or that area. Coaaiasioner Johnaon %elt that the R-3 and C-
2 would give more flexibility and was not sure the PUD was an
advantage %or the City. Bob Ferdinand. Park Ave. ,
Windermere. stated that he had purchased 40 acre. across %rom
the airport and was in %avor 0% the requeat. Ron Collella
moved to deny the request for residential land use. Motion
died %or lack 0% a second. Marvin Sanders .oved to
recommend approval o~ the request. Edgar Brooklyn aeconded
and the aotion carried 4 to 1 with Ron Collella voting nay.
B. R.zoning: This rezoning is proposed for R-3. Chairman
Swickerath opened up the Public Hearing and there being no
coa.ents cloaed the hearing. Edgar Brooklyn aoved to approve
the zoning to R-3, Marvin Sanders aeconded and the aotion
carried unaniaoualy.
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HARVEY HELLER PETITION - II
A. Land U.. Chang.: The propsed land use was %or commercial
and City Planner Wagner stated that an additional concern
would b. %or aom. type 0% screening. Chairaan Swickerath
opened the Public Hearing. Commissioner Johnson atated that
he agreed with staf%. Nancy Christaan aaid they did not have
any queations at this time aa they had not received the
paperwork from the State and will reserve their commenta
until that time. The Public Hearing waa then cloaed. Edgar
Brooklyn moved to approve the request as submitted, Marvin
Sanders seconded and the aotion carried unanimously.
B. Rezoning: The propoaed rezoning was %or C-3. City
Planner Wagner suggested the Board ask what the developer
wanta aince ata%% %eel. that C-2 would be more
appropriate. Chairman Swickerath opened the Public Hearing
and there being no coaaents closed the Public Hearing.
Marvin Sander a moved to recoamend C-2 Rezoning. Ron Collella
aeconded and the aotion carried unaniaously.
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HARVEY HELLER PETITION - 111
A. Land U.. Chang.: The propo..d land US& %or this property
was residential. City Planner Wagner stated that both staf%
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and the developer agree with this land use. Chairman
Swickerath opened the Public Hearing and there being no
comaent. then closed the hearing. Edgar Brooklyn aoved to
approve the residential use, Marvin Sanders seconded and the
motion carried unaniaously.
B. Rezoning: City Planner Wagner explained that there were
three ..parate zoning district. requested and all were %or
single fa.ily dwellings. Chair.an Swickerath opened the
Public Hearing and ask.d for com.ent. froa the Coaaission.
Coa.issioner Bate.an stated that the lowest zoning %or that
area should be R-1-AA and R-1-AAA. Mayor Ison echoed the
saa. s.nti.ents in agr....nt with Coa.issioner Bate.an.
G1.nn Jackson, r.presenting the H.ller faaily, agreed to
th.ir r.co..endation on the R-l-AA. Attorney Kruppenbacher
atated that i% they wanted to approve the scheaatics they
could stat. that in coordinating with the application "R-l-
AA aove 1/4 Section North aa the boundary line represented at
this .eeting" and approve. Mayor Ison and Co..issioner Hager
atated that in their aeetings with Orange County, th.y agreed
they would atay with this type 0% zoning in that area
especially south 0% Roberson Road. The Public Hearing was
closed. Marvin Sand.r. aoved to approve as r.co.aended on
the aap R-l-A on the North as discussed, then R-l-AA aoved up
a 1/4 ..ction Just south 0% the R-l-A and run to the R-l-AAA,
Liz Cook seconded and the aotion carried unaniaously.
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SYLVESTRI INVESTMENTS co. PETITION
A.1.and U.e Chang.: City Planner Wagner explained that this
property was included in the Prairie Lakes PUD already under
review and this was additional develop.ent. Chairaan
Swickerath then opened the Public Hearing. Coaaissioner
Bate.an queationed how resident. w.re .uppoaed to ace... the
property. City Planner Wagner stated that this was Just one
st.p in the process and the acce.s was a design question. The
Public Hearing was then closed. Ron Collella moved to
approve the request, Marvin Sanders seconded and the aotion
crried unaniaously.
B. Rezoning: City Planner Wagner explained that no action
was required as this was included in the proposed PUD.
Chair_an Swickerath th.n opened up the Public Hearing. City
Planner Wagner asked %or clari%ication on the nuaber 0% units
per acr.. The developer proposed 7 units/acre and according
to his calculations there are 10 unita/acre, therefore, he
suggested they ask the d.veloper to show the gross and net.
He stated there would be a coaplete sta%% report
%orthcoaing. Mayor Ison asked about the roads and Attorney
Kruppenbacher stated that the road isau. is separate from the
rezoning. The Public Hearing was then closed.
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MARTIN KREIDT/ALEX HUNT PETITION - I & II
A. Land U.. Chang.: City Planner Wagner explained that the
City Sta%% recoamends residential %or the land use 0% these
two properties but the developer was requesting commercial.
Mr. Wagner stated that sta%f %elt the proposed use for
commercial is premature at this tiae until the area %ully
develops and, there%ore. they recoaaend residential %or the
time being. Attorney Kruppenbacher stated they could act on
these two properties with one aotion. Nancy Christman.
Orange County Planning Department, stated that the County~s
post ion is similar to the City sta%% and %eel that commercial
is premature for the area. Chairman Swickerath then opened
the Public Hearing. Bob & Jia Ferdinand, developers %or the
properties, disagreed with the sta%% recommendation %or
residential as the county already has C-3 next to them and
there are several dif%erent zonings in the area. They asked
that the %uture 0% the airport not be considered in their
decision as no one knows what will happen as far as the
airport property is concerned. Attorney Kruppenbacher asked
i% they would hold the City harmless and indemnify the City
i% the City proceeds as they have reqested and both 80b and
Jim Ferdinand stated that they would agree to do so.
Chairman Swickerath and Mr. Collella were concerned with the
size and location of these two parcels. Mayor Ison and the
Comaissioners asked what the thoughts 0% the sta%f were on
these properties. City Planner Wagner explained that there
were a lot 0% i%s/possibilities %or the area and given the
existing characteristics they questioned the commercial land
use. The only comaercial proposed %or the area now is that
proposad by Heller Brothers. Mayor I.on asked Glenn Jackson
his thoughts on the request. Mr. Jackson stated that he was
delighted when he %ound out it was the Ferdinand brothers
that would be developing this property and agreed with their
request %or commercial in that area. Commissioner Hager
8tated that he did not have a problem with what the
Ferdinands were requesting and understood their reasoning.
Mayor Ison also spoke in %avor 0% the commercial and stated
that he had envisioned this %or years. Ha %urther stated
that we needed to do what was best for the City and to
balance out with commarcial/residential. The Public Hearing
was then closed. Chairman Swickerath spoke 0% his concerns
about how this was presented and with the possibility of a
lot 0% curb cuts and problems with traf%ic %low. He also
asked i% the board could express to the City sta%% that they
would like to see coamercial. Marvin Sanders aoved to
recommending changing the land usa to commercial for the
parcels noted on the aaps as 22 and 2. Edgar Brooklyn
seconded and the motion carried unanimously.
8. R..oning: The proposed rezoning by staf% was %or
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reaidential but the developer waa requeating C-l Neighborhood
Shopping Diatrict. Chair.an Swickerath then opened up the
Public Hearing. Mayor Iaon aaked Martin Kreidt. planner for
the proJect, aa a pro%eaaional planner i% he thought they
were too %ar o%f. Mr. Kredit atated they were in line with
Orange County~s plana for aouthwe.tern part of the County.
Attorney Kruppenbacher again reiterated that they would need
to hold haraleaa and indeani%y the City i% the zoning ia
approved %or C-l. The Public Hearing waa then closed. Ron
Collella aoved to approve the zoning %or C-1, Marvin Sanders
seconded and the motion carried unanimously.
CERTIFICATION OF PROPOSED AMEMDENTS
City Planner Wagner explained that the Planning & Zoning
Com.iaaion was to certify and %orward to the City Commisaion
the proposed Comprehensive Plan Amendmenta. Ron Collella
moved to certify and forward to the City Com.iaaion the
propoaed Comprehenaive Plan Amend.ent. that they are in
coapliance with Florida Statute 1b3 and that the internal
consiatency 0% the 1979 Oco.e Comprehenaive Plan, and
particularly the Future Land Use Eleaent. wa. preaerved,
Marvin Sandera seconded. and the motion carried unanimously.
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FORWARD PROPOSED P1.AN AMENDMENTS TO THE STATE
City Planner Wagner explained that the City Co.miasion was to
review and aaend/con%ira the propoaed Coaprehenaive Plan
Amendmenta aa forwarded and certi%ied by the Planning and
Zoning Co.aiasion. Coaaiaaioner Bate.an aoved to approve the
Comprehenaive Plan Amend.enta as aubmitted by the Planning &
Zoning Com.iaaion on iteaa 1 though 13 on the Agenda 0% 7-08-
86. Commisaioner 30hnaon seconded and the motion carried
unanimoualy.
Commissioner 3ohnaon moved that the Board 0% City
Coamiaaionera aake %indings 0% %act that a Public Hearing was
held with due public notice, direct staff to %orward propoaed
aaendaenta to the State and the datea were aet %or 10-07-86
and 10-21-86 %or the required Public Hearinga, Commiaaioner
Hager aeconded, and the aotion carried unanimoualy.
The meeting adJourned at 11:30
p.m.
~--~-------
Chairman
City Clerk
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