HomeMy WebLinkAboutPZ 07-08-2003 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
REGULAR MEETING HELD TUESDAY, JULY 8, 2003
AS LOCAL PLANNING AGENCY
CALL TO ORDER
Vice - Chairman Golden called the meeting to order at 7:05 p.m. Following a moment of
silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared
present.
PRESENT: Vice Chairman Golden, Members Campbell, Keller, Landefeld, McKey,
Rhodus, Riffe (arrived at 7:12 p.m.) and West. Also present were Chief
Assistant City Attorney Cookson, Community Development Director
Wagner, Planning Manager Lewis, Senior Planner Grimms, Principal
Planner James, and Deputy City Clerk Maxwell.
ABSENT: OCPS Representative Foltz
ELECTION OF OFFICERS
Vice - Chairman Golden opened the floor for nominations for Chairman of the Planning
and Zoning Commission.
Member McKey, seconded by Member Keller, moved to nominate Vice - Chairman
Golden as Chairman of the Planning and Zoning Commission. Motion carried 7 -0.
Member Keller, seconded by Member Riffe, moved to nominate Member McKey as Vice -
Chairman of the Planning and Zoning Commission. Motion carried 7 -0.
CONSENT AGENDA
The Consent Agenda consisted of Items III A and B.
A. Minutes of the Planning and Zoning Commission Regular Meeting held May
13, 2003.
B. Minutes of the Planning and Zoning Commission Regular Meeting held June
10, 2003.
Member Keller, seconded by Member Landefeld, moved to approve the May 13, 2003,
Planning and Zoning Commission Minutes as presented. Motion carried 7 -0.
Member Landefeld, seconded by Vice - Chairman McKey, moved to approve the June 10,
2003, Planning and Zoning Commission Minutes as presented. Motion carried 7 -0.
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Planning and Zoning Commission Regular Meeting
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NEW BUSINESS
Adair Pointe Subdivision — Project # AR- 02 -10 -07 - Annexation & Initial Zoning
Senior Planner Grimms presented the staff report for the proposed annexation and
initial zoning to R -1 for the Adair Pointe Property.
The Adair Pointe property includes approximately 3.52 acres located within a County
enclave. The property is located on the east side of Adair Street approximately 1,400 feet
north of Wurst Road, between Vignetti Park and Sorenson Field.
The Applicant has prepared a Preliminary Subdivision Plan for the property, as well as an
Annexation Agreement. The Applicant wishes to develop a single - family residential
subdivision and requests a zoning designation of R -1 "Single- Family Dwelling District ".
The proposed R -1 zoning is consistent with the County and City's Future Land Use
designation of Low - Density Residential.
The Development Review Committee (DRC) voted unanimously to recommend approval
of the proposed annexation, subject to addressing the legal documents as described in the
comments from the City Attorney dated June 13, 2003. (Chief Assistant City Attorney
comments on file)
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Based on the recommendation of DRC, Staff respectfully recommends that the Planning
and Zoning Commission recommend approval of the proposed annexation and initial
zoning of R -1 for the Adair Pointe property, subject to addressing all of the comments in
the June 13, 2003, memo from the Chief Assistant City Attorney, including execution of
the Annexation Agreement.
Senior Planner Grimms stated that the Assistant City Attorney comments dated June 13,
2003, have been addressed.
The public hearing was opened.
Mr. Pecht with Pecht Evans Engineering, Inc. was available to answer questions.
As no one wished to speak, the public hearing was closed.
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Planning and Zoning Commission Regular Meeting
July 8, 2003
Member Rifle, seconded by Member Keller, moved to recommend approval to the City
Commission of the Annexation & Initial Zoning for Adair Pointe Subdivision. Motion
carried 8 -0.
Adair Preliminary Subdivision Plan — Project # LS - 02 - 008
Senior Planner Grimms presented the staff report for the proposed Preliminary
Subdivision Plan for the Adair Pointe property.
The developer is requesting one wavier from the normal Code requirement of one (1)
recreational amenity for a subdivision with 10 to 50 lots, justification for not having any
recreational amenity located within subdivision is that the City's recreational facility,
Sorenson Park, is located adjacent on the east side of the subject property.
On June 23 2003, The DRC voted unanimously to recommend approval of the
Preliminary Subdivision Plan, conditioned on removal from the plan any indication that
there will be a sidewalk along the Westside of Lot 10. The sidewalk is to stop at the
southern boundary of Tract `B ".
Based on the recommendation of the DRC, Staff recommends that the Planning and
Zoning Commission recommend approval of the Preliminary Subdivision Plan for Adair
Pointe Subdivision including the requested wavier, as date stamped received by the City
on June 25, 2003.
Board members asked several questions to which Senior Planner Grimms, Planning
Manager Lewis and Community Development Director Wagner responded.
Why does the sidewalk stop? The sidewalk extends to the end of the cul -de -sac down the
eastern edge of the retention pond tract and the sidewalk would be in the setback of the
house.
Community Development Wagner stated that the City of Ocoee purchased the Glad
Tidings Church Property that is immediately south of the Adair Pointe property. He
further stated that the developer could be required to donate a piece of recreational
equipment to the park, which would have to be addressed during this meeting due to the
wavier request by the developer.
The public hearing was opened.
As no one wished to speak, the public hearing was closed.
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Member Riffe asked why the sidewalk ends where it does? Community Development
Director Wagner stated that the sidewalk ends into a piece of private property. Member
Riffe stated it was silly for a sidewalk to dead end and the Applicant should make the
sidewalk improvement.
Member Landefeld, seconded by Member Rhodus, moved to recommend approval to the
City Commission of the Adair Pointe Subdivision Preliminary Subdivision Plan- Project #
LS -02 -008 as approved by Staff recommendation including the requested wavier, as date
stamped received by the City on June 25, 2003. Motion failed 3 —5 with Chairman
Golden, Vice - Chairman McKey, Members Riffe, Keller and Campbell voting no.
Member Riffe, seconded by Member Keller, moved recommend approval to the City
Commission of the Adair Pointe Subdivision Preliminary Subdivision Plan - Project # LS-
02 -008 based on Staff recommendation including the requested the wavier as date
stamped by the City on June 25, 2003, with an additional condition that the applicant
provide one piece of recreational equipment to the City of Ocoee for recreational
purposes and to make an effort to contact the property owner to the south to be able to
install the sidewalk an additional 30 feet to the City of Ocoee property line.
Motion carried 7 -1 with Member Landefeld voting no.
Big Ten Tires Special Exception Petition #1 - 4SE - 001
Community Development Director Wagner stated staff has made a recommendation of
approval of this project but based on subsequent information received, the conditions of
approval may change.
Chief Assistant City Attorney Cookson reviewed what a "Special Exception" is and
when it is appropriate to grant a "Special Exception ". Mr. Cookson also advised the
Planning & Zoning Commission that they must follow the guidelines set fourth in the
Code requirements.
Planning Manager Lewis presented the staff report for Big Ten Tires Special Exception
Petition # 1 -4SE -001.
The 0.96 -acre parcel is located on the northwest boundary of the Plantation Groves
Shopping Center. Within Plantation Groves Shopping Center, the property abuts the
following land uses: the Ocoee Fire Station on the east, the retail shopping to the
southeast and a Mobil Gas Station on the south.
The applicant proposes to build an eight -bay retail tire store on the last vacant out parcel
in the Plantation Groves Shopping Center. In addition to tire sales and service, the
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Planning and Zoning Commission Regular Meeting
July 8, 2003
applicant will also undertake various other automotive activities. This use is permitted
with conditions within the Plantation Groves PUD since the project follows conventional
Community Commercial /C -2 zoning district regulations. In an attempt to ensure
compatibility with the surrounding uses, Staff has stipulated enhanced landscaping and
architectural features for the project to upgrade its image. The applicant has met all the
proposed requirements for the Special Exception petition as shown in the "Conditions of
Approval" on the "Preliminary Site Plan for Special Exception" plan date stamped
"Received June 25, 2003."
In addition to the special exception, Big Ten Tires has also requested a wavier from
Subsection 6 -14.C. (2)(c)(iv) of the Land Development Code that states: "Six foot high
brick screening walls with landscaping per the Ocoee Land Development Code are
required where professional office, service, commercial, or industrial projects about
residential properties."
Staff recommends that the Planning & Zoning Commission recommend approval of the
Special Exception for the construction of the Big Ten Tires in the Plantation Groves
Shopping Center Commercial PUD including the requested wavier in accordance with the
"Preliminary Site Plan for Special Exception" date stamped "received June 24, 2003, but
there may possibly be modifications.
The public hearing was opened.
Board members asked several questions to which Planning Manager Lewis and
Community Development Director Wagner responded. (Responses underlined).
Selby Weeks with Klima Weeks Civil Engineering, Inc. representative for the owner of
the Big Ten Tire Store project was also present to answer questions.
The following people spoke in opposition of the Big Ten Tire Special Exception:
Rex Heinecke, 810 Grovesmere Loop, Harvey Hertzman, 2605 Elwick Street, Mary
Rambhacus, 339 Highbrook Blvd., Mohannad Yaqub, 201 Belhaven Falls Drive,
Jacqueline Lewis, 484 Belhaven Falls Drive, Lean Amburn, 1792 Slough Court, Scott
Ricker, 131 Covered Bridge Drive, Mike Rushing, 1623 Sherbourne Street, Winter
Garden, John Hovey, 10651 Oakview Pointe Terrace, Gotha, Rafael Rondon, 933
Grovesmere Loop, Ed Garsudem 941 Grovesmere Loop, Don Kahrer, 829 Grovesmere
Loop, Robert Jensen, 102 Carisbooke, Jeff Sikora, 211 Highbrooke Blvd., Jose Rivera,
214 Highbrooke Blvd., Doug Madill, 11018 Groveshire Court, Brain Py, 11012
Orangeshire Court and Rick Raysik, 11001 Orangeshire Court,
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Planning and Zoning Commission Regular Meeting
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Chairman Golden stated there were e-mails sent by citizens who were opposed to the
proposed project.
Applicant Shelby Weeks answered questions of concerns by residents, which were:
1. The store will have enhanced entrance and bay doors.
2. There will be sprinklers installed for those who have fire concerns.
3. The store hours will be open during daylight hours and there will be no noise or
lights during the evenings.
The public hearing was closed.
Community Development Director Wagner stated the board would convene for a break
and discuss the comments with the Chief Assistant City Attorney.
Recess 9:07 p.m. — 9:22 p.m.
Community Development Director Wager pointed out that the "Special Exception" is a
permitted use with special conditions. The "Special Exception" cannot be denied because
someone does not like Big Ten Tires, all factors must be considered but the main purpose
of a "Special Exception" is to protect the health, safety and welfare of the residents and
'err the surrounding areas. Staff reformulated their recommendation based upon new
information provided by area residents as follows:
Recommend approval of the "Special Exception" subject to the conditions that were
earlier mentioned but also in addition to the following conditions.
1. Applicant must meet noise standards as identified in the Land Development Code
(LDC), which is no more than 70 decibels at the property line.
2. Applicant to install the six -foot brick wall as required by the LDC.
3. Applicant must provide significant additional enclosed building space to store
hazardous waste materials, used tires and batteries.
4. The architect of the building must upgrade to match the design character of the
surroundings buildings and neighborhoods.
5. All outside equipment must be enclosed in sound retardant enclosures.
6. The applicant must provide expert real estate documentation that the proposed
uses will not adversely affect surrounding property values and diminish the
character of surrounding residential uses.
Member Riffe, seconded by Member Keller, moved to recommend denial to the City
Commission of the Big Ten Tires Application for Special Exception based on the
following specific findings which include the proposed use and structure would not be
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Planning and Zoning Commission Regular Meeting
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compatible with the uses, structures and activities on adjacent and nearby lands, and the
proposed use and structure would result in noise, odor, glares, vibration, and other
similar characteristics which would be detectable at the property line and which would
exceed the level of permitted uses. Motion carried 5-2 with Members Landefeld and West
voting no.
Richard A. Doss — Small Scale Comprehensive Plan Amendment — Case # SSCPA-
03 -003 and Rezoning — Case # RZ- 03 -03 -03
Principal Planner James presented the staff report for the proposed Rezoning and Small
Scale Comprehensive Plan Amendment for Richard A. Doss, Jr.
The Applicant's request involves a 1.31(Lot 11) area parcel and a 0.363 area parcel (Lot
8). The subject properties are bounded on the south by West Columbus Street, on the
north by West Orlando Avenue, on the west by South Kissimmee Avenue, and on the east
by the new Fire Station #1 now under construction. Lot 11 is west of the railroad tracks
and Lot 8 is east of the railroad tracks.
Cumberland Avenue road right -of -way was abandoned by the City for construction of the
new Fire Station #1. This right -of -way is split down the road centerline to provide an
additional 0.05 -acre to Lot 8, making it a 0.363 acre parcel.
The applicant is requesting the rezoning of both parcels from R -1AA (Single Family
Dwelling) zoning classification to I -1 (Restricted Manufacturing and Warehousing)
zoning classification. Rezoning Lot 8 would require a Small Scale Comprehensive Plan
Amendment to change the "Low Density Residential" future Land Use classification to
the "Light Industrial" future land use classification. Future land use classification of
"Light Industrial" for Lot 11 is consistent with the above requested rezoning and will not
require a comprehensive plan amendment.
The proposed rezoning to I -1 for Lot 11 is consistent with the Future Land Use Map and
staff recommends the rezoning request from R -1 AA to I -1 for Lot 11 to be approved.
The proposed rezoning to I -1 for Lot 8 is inconsistent with the Future Land Use Map and
staff does not recommend the rezoning or the small -scale comprehensive plan
amendment request from R -1 AA to I -1 for Lot 8 to be approved.
The public hearing was opened.
Applicant Richard Doss, Jr. gave background information regarding the history of his
property and was available to answer questions.
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Planning and Zoning Commission Regular Meeting
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The following people spoke regarding the Rezoning and the Small Scale Comprehensive
Plan Amendment:
James Fleming, 511 Orange Avenue and Cathie Starn, 408 Kaila Court.
The public hearing was closed.
A lengthy discussion ensued regarding Case # RZ- 03 -03 -03 and # SSCPA -03 -003.
Vice - Chairman McKey, seconded by Member Riffe, moved to recommend denial to the
City Commission of the Small Scale Comprehensive Plan Amendment on the small parcel
pursuant to staff recommendation. Motion carried 7 -0.
Member Keller, seconded by Member Riffe, moved to recommend denial to the City
Commission of the rezoning of the small parcel pursuant to staff recommendation.
Motion carried 7 -0.
Vice - Chairman McKey, seconded by Member West, moved to recommend approval to
the City Commission of the re- zoning of the large parcel pursuant to staff
recommendation without the execution of the Development Agreement providing
additional right -of -way land on Maguire Road and South Kissimmee Avenue, and without
`''ry' restricting access to the property from Columbus Street. Motion carried 7 -0.
OLD BUSINESS
None
OTHER BUSINESS
Community Development Director Wagner announced the Coke Property would be on
the August 12, 2003, Planning & Zoning Commission Agenda.
ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
Attest: APPROVED:
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Brenda Maxwell, Deputy City Clerk J.i;1 olden, Chairman
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