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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