HomeMy WebLinkAbout09-08-87
9-Z~~1
e
MINUTES OF THE JOINT MEETING BETWEEN THE PLANNING & ZONING
BOARD AND THE CITY COMMISSION
The meeting was called to order by Chairman Swickerath at
7:33 p.m., Commissioner Bateman led in the pledge of
allegiance and City Clerk Catron led in prayer.
PRESENT: Planning & Zoning Board Chairman Swickerath,
Vice Chairman Smith, Board Members Linebarier, Sanders,
Switzer, Bond, and alternate Breeze. ABSENT: Board Member
Bello and Alternate Weeks (Mr. Weeks came for the meeting but
was not needed; therefore, he left.)
PRESENT: City Commission: Commissioner Johnson, Bateman and
Hager. ABSENT: Mayor Ison and Commissioner Dabbs.
APPROVAL
The minutes of the P & Z Meeting of August 11, 1987 were
amended to acknowledge that Board Member Breeze was absent
from the meeting. Burton Smith moved to approve the minutes
as amended, Mr. Sanders seconded and the motion carried
unanimously.
e
ANNOUNCEMENTS - MAYOR ISON
In the absence of Mayor Ison, Commissioner Bateman
the meeting for the Commission. Commissioner
announced that the Comprehensive Plan Amendments
Public Hearing Date had been set for December 15,
7:30 p.m. at the Ocoee Community Center.
chaired
Bateman
Adoption
1987 at
NEW BUSINESS
PROPOSED
COMPREHENSIIVE PLAN AMENDMENTS
PETITIONS - PUBLIC HEARINGS
AND
REZONING
Chairman Swickerath explained that each item would be handled
individually with a staff report from Planning Director
Wagner and then the Public Hearing.
HAROLD ~ i HELEN COOK PETITIONS
e
Public Hearing/Review and Recommendation (P&Z)
Case No. 20C-27 Comprehensive Plan Amendment
Planning Director Wagner explained that this property was a
0.8 acre parcel located at the S.E. corner of Montgomery
Avenue and Oak Street and they were requesting that a
residential land use be approved. This was a one site
residence and staff concurred with the request. Commissioner
Bateman stated that the house was already under construction
and questioned whether this was normal procedure. Mr. Wagner
explained that it was permissable to utilize county zoning
for property until the change to city zoning could be
accomplished. Mr. Linebarier asked if the residence under
construction met with our R-l-AA requirements and was told
that it did. Mr. Switzer stated that he had no problem with
e
Page 2
Joint Meeting
September 8, 1987
this residential dwelling but would be concerned if this were
a larger tract of land. Mr. Wagner assured them that if this
were a larger tract of land, the county zoning would be the
minimum and our zoning would be more stringent and they would
have to comply. The Public Hearing was opened for the public
and there being no comments for or against was closed. Mr.
Linebarier moved to approve the recommendation of residential
land use for Case No. 20C-87, Mr. Breeze seconded and the
motion carried unanimously.
Public Hearing/Transmittal Action (City Commission)
Case No. 20C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing and there
being no comments for or against closed the hearing.
Commissioner Johnson moved to approve the residential land
use classification for Case No. 20C-87 as recommended by the
Planning and Zoning Board, Commissioner Hager seconded and
the motion carried unanimously.
.
Public Hearing/Review and Recommendation (P & Z)
Case No. 21R-87 Rezoning
Staff's recommendation for the zoning on this property was R-
1-AA Single Family Dwelling District as petitioned.
Chairman Swickerath opened the Public Hearing and there being
no comments for or against closed the hearing. Mr. Sanders
moved to approve the zoning request of R-1-AA Single Family
Dwelling District for Case 21R-87, Mr. Linebarier seconded
and the motion carried unanimously.
WILMA TERRY, TRUSTEE PETITIONS
Public Hearing/Review and Recommendation (P & Z)
Case No. 21C-87 Comprehensive Plan Amendment
This property was a 17 acre parcel located at the S.E. corner
of White Road and Montgomery Avenue, otherwise known as
Harbour Highlands Village Phase II and the petitioner
requested a residential land use classification. Mr. Wagner
explained this was more of an administrative uptdate to bring
this in line with our classification. Chairman Swickerath
opened the Public Hearing and there being no comments for or
against closed the hearing. Mr. Linebarier asked if
construction was already underway for this project and Mr.
Wagner stated that it was not on this project but Phase I had
already begun construction under the county zoning. Mr.
Smith moved to approve the residential land use
classification for Case No. 21C-87, Mr. Sanders seconded and
e the motion carried unanimously.
Public Hearing/Transmittal Action (City Commission)
Case No. 21C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing and there
e
Page 3
Joint Meeting
September 8, 1987
being no comments for or against closed the hearing.
Commissioner Hager moved to approve the residential land use
classification for Case No. 21C-87, Commissioner Johnson
seconded and the motion carried unanimously.
Public Hearing/Review and recommendation (P & Z)
Case No. 22R-87 Rezoning
Staff's recommendation for the zoning on this property was R-
1-AA, Single Family Dwelling District as petitioned.
Chairman Swickerath opened the Public Hearing and there being
no comments for or against closed the hearing. Mr.
Linebarier moved to approve the zoning request for R-1-AA,
Single Family Dwelling District for Case No. 22R-87, Mr.
Switzer seconded and the motion carried unanimously.
HERITAGE DEVELOPMENT ~ ~ PETITIONS
e
Public Hearing/Review and Recommendation (P & Z)
Case No. 22C-87 Comprehensive Plan Amendment
Mr. Wagner explained that this petition was a companion to
the previous petition and was an 18 acre parcel located at
the N.W. corner of White Road and Montgomery Avenue. They
were requesting a residential land use classification for the
property. Chairman Swickerath opened the Public Hearing and
there being no comments for or against closed the hearing.
Mr. Sanders moved to approve the residential land use
classification for Case No. 22C-87, Mrs. Bond seconded and
the motion carried unanimously.
Public Hearing/Transmittal Action (City Commission)
Case No. 22C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing and there
being no comments for or against closed the hearing.
Commissioner Johnson moved to approve the residential land
use classification for Case No. 22C-87, Commissioner Hager
seconded and the motion carried unanimously.
Public Hearing/Review and Recommendation (P & Z)
Case No. 23R-87 Rezoning
Staff's recommendation for the zoning on this property was R-
1-AA as petitioned. Chairman Swickerath opened the Public
Hearing and there being no comments closed the hearing. Mr.
Smith moved to approve the zoning request of R-1-AA, Single
Family Dwelling District for Case No. 23R-87, Mr. Breeze
seconded and the motion carried unanimously.
e
GROVER ~ VOSS, TRUSTEE PETITION
Public Hearing/Review and Recommendation (P & Z)
Case No. 23C-87 Comprehensive Plan Amendment
The petitioner had requested a commercial land use for this
.
.
e
Page 4
Joint Meeting
September 8, 1987
20.8 acre parcel located north of Silver Star Road between
Lake Jo Road and Johio Shores Road. Staff recommended that a
residential land use be approved for the east 1300 feet of
the parcel (14.6 AC) and the remaining westerly 550 feet of
the property (6.2 AC) be a mixed classification to permit
either lower-intensity commercial uses or high-density
residential areas. At this time, they were not requesting a
rezoning of the parcel. Staff was trying to centralize the
commercial development at the intersection of Silver Star and
Clark Road and felt the mixed use would be a good transition
for the property. Grover Voss, 913 Observatory Court,
Orlando, trustee for the petitioner, explained that they
felt it would be a good area for a shopping center, but were
not unhappy with the staff's recommendation for the
residential and mixed use classification. Chairman
Swickerath opened the Public Hearing and there being no
comments closed the hearing. Discussion ensued on the status
of Silver Star Road and whether or not it was to be widened.
The traffic issue was of concern to all of the board members.
The City had plans for intersection improvements at Clark
Road and Silver Star and City Manager Ryan suggested the
City could 'three-lane' the section of Silver Star that was
in our jurisdiction. Most of the board members were in
favor of staff's recommendation for the residential and mixed
use as an alternative to the commercial that was requested.
Mr. Wagner explained that the mixed use classification tends
to lead to a PUD approach. Mr. Linebarier moved to recommend
a mixed use classification for the entire parcel, Case No_
23-87, Mr. Sanders seconded. Mr. Wagner stated that staff
would not oppose the mixed use and that the best alternative
would be a PUD. The motion was approved unanimously.
Public Hearing/Transmittal Action (City Commission)
Case No. 23C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing. R. P.
Mohnacky, 1820 Prairie Lake Blvd., questioned whether the
property could end up with high density. Mr. Wagner
explained the mixed use could be high quality, low intensity
as well as a higher density or a combination of both by way
of a PUD. The Public Hearing was closed. Commissioner Hager
moved to approve the mixed use classification for Case No.
23-87 as recommended by the Planning and Zoning Board,
Commissioner Johnson seconded and the motion carried
unanimously.
RECESS: 8:45 p.m.
CALL TO ORDER: 8:58 p.m.
.
Page 5
Joint Meeting
September 8, 1987
REED TERRY PETITION
e
Public Hearing/REview and Recommendation (P & Z)
Case No. 24C-87 Comprehensive Plan Amendment
Mr. Wagner explained that the petitioner had requested a
commercial land use for 18.2 acres and a residential land use
for 20.6 acres of their property located south of Silver
Star approximately 1/4 mile east of Clark Road. Staff had
recommended that a residential land use be approved for the
entire parcel. Mr. Wagner suggested that in lieu of the
previous recommendation, they might want to support some
mixed use. Jim Huckaba, 147 W. Lyman Avenue, Winter Park,
stated that at the time they petitioned for the land use
change they were taking into account the possibility that the
East/West Expressway might be in the area, but now it seems
to be considered for a more westerly route. They now realize
that the commercial may not be needed and would like to
amend their equest to allow for a mixed use for 350 feet and
the balance in residential (single family detached). The
Public Hearing was opened and there being no comments for or
against was closed. Mr. Breeze moved to recommend a mixed
land use for a depth of 350 feet and the remaining southern
area be a residential land use for Case No. 24C-87, Mr.
Switzer seconded and the motion carried unanimously.
Public Hearing/Transmittal Action (City Commission)
Case No. 24C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing. R. P.
Mohnacky, 1820 Prairie Lake Blvd., Ocoee, stated that he was
concerned with high density for that area. There were no
other comments; therefore, the hearing was closed.
Commissioner Johnson moved to approve a mixed classification
land use for Case No. 24C-87, Commissioner Hager seconded and
the motion carried unanimously.
DILL PROPERTIES, INC. PETITIONS
e
Public Hearing/Review and Recommendation (P & Z)
Case No. 25C-87 Comprehensive Plan Amendment
Mr. Wagner explained that this was a 14.1 acre parcel located
at the N.E. corner of Johio Shores Road and Silver Star Road
and staff supported their request for a residential land use
classification. Chairman Swickerath opened the Public
Hearing and there being no comments for or against closed
the hearing. Mr. Breeze moved to recommend the residential
land use classification for Case No. 25C-87 as requested, Mr.
Switzer seconded the motion carried unanimously.
e
P.~. ,
Joint Meeting
September 8, 1987
Public Hearing/Transmittal Action (City Commission)
Case 25C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing
being no comments for or against closed the
Commissioner Hager moved to approve the residential
classification for Case No. 25C-87, Commissioner
seconded and the motion carried unanimously.
and there
hearing.
land use
Johnson
e
Public Hearing/Review and Recommendation (P & Z)
Case No. 24R-87 Rezoning
A zoning classification of R-1-A, Single Family Dwelling
District had been requested by the petitioner and staff
recommended approval. Chairman Swickerath opened the Public
Hearing and there being no comments for or against closed the
hearing. Mr. Smith questioned why the R-1-A classification
and not R-1-AA. Several of the board members also felt they
could support a R-1-AA classification. After some
discussion, Mr. Smith moved to recommend approval of a R-1-
AA zoning classification for Case No. 24R-87, Mrs. Bond
seconded and the motion carried unanimously.
ROSE ~ CAFLISCH PETITIONS
Public Hearing/Review and Recommendation (P & Z)
Case No. 26C-87 Comprehensive Plan Amendment
This property was a 26.7 acre parcel located 1/8 mile south
of Silver Star Road and west of Good Homes Road and a
residential land use classification was requested. Chairman
Swickerath opened the Public Hearing and there being no
comments the hearing was closed. Mr. Sanders moved to
recommend approval of the residential land use classification
for Case No 26C-87, Mr. Breeze seconded and the motion
carried unanimously.
Public Hearing/Transmittal Action (City Commission)
Case No. 26C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing. Dennis
Broadway, 8555 Lake Florence Blvd., Orlando, stated that he
had some comments but would address them under the rezoning.
There were no other comments; therefore, the hearing was
closed. Commissioner Hager moved to approve the residential
land use classification for Case No. 26C-87, Commissioner
Johnson seconded and the motion carried unanimously.
e
Public Hearing/Review and Recommendation (P & Z)
Case No. 25R-87 Rezoning
Staff recommended approval of the petitioner's request for a
zoning classification of R-1-AA. Chairman Swickerath opened
the Public Hearing. Dennis Broadway, 8555 Lake Florence
e\
Page 7
Joint Meeting
September 8, 1987
-
Blvd., Orlando and Dan Wymer, 8529 Lake Florence Blvd.,
Orlando both asked the board to consider the lot size since
the county zoning was RCE and they were concerned with the
density of the lot size. Commissioner Johnson recommended a
zoning of R-1-AAA as a buffer where the existing homes were
and then R-1-AA on the remainder of the parcel. Chairman
Swickerath questioned how it could be handled that way and
Mr. Wagner stated that we could use the developers agreement
or incorporate it in the ordinance. Mrs. Bond asked about
the square footage on the R-1-AA zoning classification. City
Manager Ryan suggested approving the R-1-AA zoning but
require the square footage of the R-1-AAA on the lots. Mr.
Broadway and Mr Wymer explained that they were more concerned
with the size of the lots than the square footage. Mr.
Linbarier stated they should require the buffer area in a
developers agreement. (NOTE: Pat Bond left at 9:43.p.m..)
The Public Hearing was closed. Mr. Smith moved to recommend
the R-1-A, Single Family Dwelling District with the
stipulation that the site plan and developers agreement come
back before the Planning and Zoning Board before any building
on the property, Mr. Sander seconded. Mr. Linebarier
recommended to the City Planner that in discussion with the
developer in the developers agreement they provide some
landscaping. The motion carried unanimously.
~ ~ NEWBERG PETITIONS
Public Hearing/Review and Recommendation (P & Z)
Case No. 27C-87 Comprehensive Plan Amendment
This was a 29.5 acre parcel located south of Silver Star Road
and west of Lake Street and staff recommended approval of the
residential land use classification that had been requested.
Jim Huckeba, 147 W. Lyman, Winter Park, stated this property
was adjacent to the Reed Terry parcel. The Public Hearing
was opened and there being no comments for or against the
hearing was closed." Mr. ~inebarier moved to approve the
residential land use classification as recommended for Case
27C-87, Mr. Breeze seconded and the motion carried
unanimously.
RECESS: 9:48 p.m.
CALL TO ORDER: 10:05 p.m.
e
Public Hearing/Transmittal Action (City Commission)
Case No. 27C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Rearing and there
being no comments for or against closed the hearing.
Commissioner Hager moved to approve the residential land use
classification for Case No. 27C-87, Commissioner Johnson
seconded and the motion carried unanimously.
.
e
e
Page 8
Joint Meeting
September 8, 1987
Public Hearing/Review and Recommendation (P & Z)
Case No. 26R-87 Rezoning
Staff recommended approval of the petitioner's request for
the rezoning to R-1-AA, Single Family Dwelling District for
Case 26R-87. Chairman Swickerath opened the Public Hearing
and there being no comments for or against closed the
hearing. Mr. Linebarier moved to recommend approval of the
rezoning to R-1-AA, Single Family Dwelling District for Case
No. 26R-87, Mr. Switzer seconded and the motion carried
unanimously.
WILLIAM ~ GOODMAN PETITIONS
Public Hearing/Review and Recommendation (P & Z)
Case No. 28C-87 Comprehensive Plan Amendment
This was a 24.5 acre parcel located at the N.E. corner of
Bluford Avenue (S.R. 439) and S.R. 50 and staff recommended
approval of the commercial land use for the property as
requested by the petitioner. Steve Feldman, BML Investments,
was present if there were any questions and felt the
commercial land use was compatible with the area. Mr.
Switzer asked what the concerns of the city were. Mr. Ryan
explained that some time ago the property was to be developed
under the R-3 zoning but that did not come to fruition.
Chairman Swickerath opened the Public Hearing and there being
no comments for or against closed the hearing. Mr.
Linebarier stated that the land use was consistent and
recommended approval of the commercial land use for Case No.
28C-87, Mr. Sanders seconded and the motion carried
unanimously.
Public Hearing/Transmittal Action (City Commission)
Case No. 28C-87 Comprehensive Plan Amendment
Commissioner Bateman opened the Public Hearing and there
being no comments for o~ against closed the hearing.
Commissioner Johnson moved to approve the commercial land use
as requested for Case 28C-87, Commissioner Hager seconded and
the motion carried unanimously.
Public Hearing/Review and Recommendation (P & Z)
Case No. 27R-87 Rezoning
Staff recommended approval of the petitioner's request for a
rezoning to C-2, Community Commercial District for Case No.
27R-87. Chairman Swickerth opened the Public Hearing and
there being no comments for or against closed the hearing.
Mr. Sanders moved to recommend approval of the rezoing for
Case No. 27R-87 to C-2, Community Commercial District, Mr.
Switzer seconded and the motion carried unanimously.
_I
.i
e
Page 9
Joint Meeting
September 8, 1987
Board of City Commissioners to make findings of fact that
Public Hearings were held with due public notice
Commissioner Hager moved to make findings of fact that Public
Hearings were held with due public notice, Commissioner
Johnson seconded and the motion carried unanimously.
Board of City Commissioners to direct staff to forward
proposed amendments to the State
Commissioner Johnson moved to direct staff to forward the
proposed Comprehensive Plan Amendments to the State,
Commissioner Hager seconded and the motion carried
unanimously.
DISCUSSION OF PLANNING << ZONING COMMISSION REVIEW PROCEDURES
Chairman Swickerath explained that this item came up
specifically pursuant to the review of the Olympia Cove PUD.
He then turned the meeting over to Mr. Linebarier. Mr.
Linebarier asked that the following remarks become a record
in the minutes and copies furnished to the City Commission:
"The question has arisen as to how much input the Ocoee
Planning and Zoning Board (P & Z) should have and to what
level should our recommendations to the City Commission be
carried. The phenomenal growth of our City both in land area
and in a burgeoning population has necessitated the
employment of a City Planner and the establishment of a City
Planning Department. I feel that our City Planner, Mr. Russ
Wagner, and his staff are doing an admirable job in
particularly in light of the extremely stringent rules and
requirements set down by the State guidelines for future
planning and development. But - does this establishment of
a Planning Department negate or downgrade the roll of our P &
Z Board. I think not. To the contrary - the very same
growth and development which necessitated the establishment
of a Planning Department in our City not only enhances the
roll of the P & Z Board, but places even greater
responsibility on us to ensure that our recommendations to
the City Commission are accurate and complete. Past
experience with development in our City has shown that if
more care had been given in the review of site plans and
other documents, both on the part of the P << Z Board and by
the City Commission, many problems on which we have had to
spend hundreds of thousand of dollars could have been
prevented. The diversity of backgrounds and occupations of
the several members of the P << Z Board is such that it blends
well into the over-all development of our City. The opinions
of the board members generally reflect the opinions of
the majority of the Citizens of Ocoee. The P & Z Board
should not be "just another level of bureaucracy" or "another
obstacle to overcome" in the development process. It should
have an active role at each level of the annexation of
property, zoning or rezoning of all property within the
.
.
e
Page 10
Joint Meeting
September 8, 1987
municipal limits, even more importantly - a strong voice in
the approval of all phases of pre-planning, site plans, and
subsequent phases of the development process. The P & Z
Board is second only to the City Commission in this process
and the recommendations we make based on sound knowledge and
effective judgements are of vital importance to our City and
it's welfare. Mr. Chairman, I move that these remarks become
a part of our Board minutes and copies furnished to each of
our City Commissioners for their comments." Mr. Linebarier
explained that some of his reasoning behind this request and
statement was comments that he had heard at the City
Commission Meetings that "it should have been done at P &
Z". Mr. Swickerath explained that some of the ideas and
notes they had made regarding Olympia Cove had not been
incorporated in the latest plans they had seen and were
reluctant to send them to the City Commission. Most of the
Planning & Zoning Board Members and the City Commissioners
agreed that they did not want to diminish the duties of the
Planning and Zoning Board. The City Commissioners expressed
their gratitude to the P & Z Board for the input that they
had on those matters that come before them. Chairman
Swickerath stated that he was not sure they needed to change
the Ordinance or the Charter but possibly insert an interim
review process. As a previous board member on the P & Z,
Commissioner Bateman said he recognized their hard work. He
stated he did not have the benefit of their minutes of the
8/11/87 meeting when the Commission reviewed the Olympia Cove
PUD and if he had had them, he might of looked at them
differently. There was discussion of getting the minutes to
the Commission of the P & Z Meeting so they will have time to
review them before they act on an item. The past procedure
had been that the minutes had to be approved before they went
to the Commission. City Manager Ryan suggested the board
continue an item if they were not comfortable with plans
submitted. City Planner Wagner stated that he was working
on the proposed PUD'Ordinance and there was more of a level
of detail between the Preliminary and Final Master Plan. He
had met our existing ordinance on the procedure for
reviewing site plans, etc. and submittal to the P & Z Board.
Mr. Switzer asked Mr. Wagner to consider placing a provision
in the new PUD Ordinance for a workshop between the P & Z
Board, the City Commission and the Developer on these
proposed developments. Mr. Wagner stated he would get the
PUD ordinance to them as soon as possible.
Mr. Linebarier moved to have his comments made a part of the
record, Mr. Smith seconded and the motion carried
unanimously.
CORRESPONDENCE - Olympia Cove PUD (FYI)
Chairman Swickerath stated they were glad to receive the
-
e
e
Page 11
Joint Meeting
September 8, 1987
correspondence reference Olympia Cove PUD and the plans would
be back before the Planning and Zoning Board.
COMMENTS
City Manager - No Comments
Planning Director - Mr. Wagner stated that he wanted to
respond to Mr. Bateman as far as the procedure for reviewing
these plan amendments and rezonings. He had spoken with the
City Attorney who had analyzed the State Statute and this was
the most expeditious procedure given the time restraints.
The other alternative would be multiple ads, notices, public
hearings etc..
Citizens/Public - Mr. R. P. Mohnacky, 1820 prairie
Blvd., would like to know when Olympia Cove would be
before the Board.
Lake
back
P & Z Commission - Mr. Linebarier wanted the City Commission
to have access to their minutes before they act on items that
corne before them.
Mayor and Commissioners - None
Mr. Sanders moved to adjourn, Mr. Switzer seconded and the
motion carried uananimously.
Meeting ajdourned at 11:00 p.m..
Chairman Swickerath
ATTEST:
City Clerk