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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. e 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. e 1 Page 2 Joint Workahop July 8, 1986 e 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. e e 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. 2 Page :3 Joint Meeting 7-08-86 e 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. e 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. e BARRY S. GOODMAN, ET.AL.<SPRING LAKE> A. Rezoning: City Planner Wagner explained that this 3 Page 4 ~oint Workshop 7-08-86 e 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. e 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 e 4 Page 5 Joint Workshop 7-08-86 -- 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. e 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. 'e 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% 5 Page 6 Joint Workshop 7-08-86 e 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. e 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. e 6 Page 7 ~oint Workshop 7-08-a6 e . 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 e 7 Page 8 30int Workahop 7-08-8b . 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. e 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 . 8