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HomeMy WebLinkAboutPZ 02-12-1985 MINUTES OF OCOEE PLANNING AND ZONING BOARD MEEITNG HELD FEBRUARY 12, 1985 PRESENT: Chairman Breeze; MEmbers Brooklyn, Lande, Smith, Swickerath, Sanders ABSENT: Member Colella and Alternate Member Busch CALL TO ORDER Chairman Breeze called the regularly scheduled meeting to order at 7:32 P.M. and declared a quorum to be present. JANUARY 8, 1985 MINUTES CORRECTED AND APPROVED Mr. Swickerath pointed out that the motion on page 2 of the January 8, 1985 minutes was in error regarding the satellite antennas and billboards. The tape of the meeting records that there was discussion regarding the advisability of controlling both; however, the motion was as follows: Mr. Smith moved to propose to City Commission that they look into the problem of billboards and that they design some legislation to prohibit the erection of such in the city. Mr. Colella asked if he meant to say prohibit or control. Mr. Smith responded, "I would say prohibit." Chairman Breeze called for a second and Mr. Brooklyn seconded, saying, "They should stop it right now before they get any further in operation." Vote was: Smith, Sanders, Brooklyn and Lande, aye and Colella, Swickerath, nay. Motion carried. Mr. Swickerath stated that he was not against regulating, but he was against prohibiting. Chairman Breeze clarified the situation by stating that the intent of the Board was to propose that Commission look into regulating the use of satellite dish antennas and legislate to prohibit the use of billboards in the city. Mr. Smith pointed out that his name had been listed as Mr. Burton again and that correction should also be made for that. Mr. Sanders then moved to accept minutes as corrected and Mr. Swickerath seconded. Vote was unanimous in favor. COOK RECOMMENDED TO FILL ALTERNATE MEMBER BATEMAN'S SEAT Mr. Swickerath moved to recommend that former Commissioner Liz Cook be asked to serve as alternate member of Planning and Zoning Board. Mr. Sanders seconded. Chairman Breeze said, "And if she consents, is it our recommendation that she be appointed ?" Mr. Swickerath responded, "Yes." Vote was unanimous in favor. PROPOSED ANNEXATION: CREECH, ANDERSON STREET James E. and Mazie Creech request annexation of Parcels 34 and 43 which are located near the end of Anderson Street. Their son, Don Creech, pointed out the property on the map and explained that he and his brother wish to annex the 210 sq. ft. lot into the city, then split the lot and each put a house up. He said that, although they would prefer to have city water service, they would have no problem with putting in a well if city water is not available to them. Chairman Breeze pointed out that in annexing the city accepts responsibility for fire, water and garbage service, and that those services would be very difficult to provide considering the width and condition of the access road and availibility of water from a well. Several alternatives were suggested by the Board and Mr. Creech advised that he had pursued most of them already con- cerning gaining access to Burnt Tree Subdivision right -of -way. Mr. Swickerath brought out the fact that if the property was purchased recently there is a law PLANNING AND ZONING BOARD MEETING FEBRUARY 12. 1985 Page 2 CREECH PROPOSED ANNEXATION ANDERSON STREET - (CONTINUED) against the selling of a landlocked piece of property. Mr. Creech advised that it was not landlocked, just difficult to get to, and that he has been negotiating with Burnt Tree owners for a lot which would provide access to right -of -way. There was further discussion regarding the landlocked cemetery next to the parcel in question and the proposed 5% recreation site from Burnt Tree being extended to include a road right -of -way which would give easy access to the property. Chairman Breeze said that city would require waivers regarding city services should they decide to annex with things as they are now. There was further discussion regarding the possibility of resale after annexation and the ensuing difficulties with inaccess- ability and new owners. Mr. Swickerath pointed out that even after the Board recommends a decision there is a possibility that the lots may not be the right size for building, or other obstacles to building may appear in regulations. He then asked Mr. Creech if a thirty day delay in order to work out problems regarding access and right -of -way would be helpful. Mr. Creech said that Burnt Tree owners had already said there would be no problem with water access as long as the other waivers were acceptable to the city. Chairman Breeze said that in order to avoid the time consuming re- advertising for the petition to annex, that it would be possible to move for recommendation to annex with qualifications regarding garbage pickup and fire protection as already discussed and resolution of water access. Then if problems are resolved the recommendation can be considered as it is already on file. Mr. Swickerath moved to recommend annexation as requested with qualifications as suggested by Chairman Breeze already listed with the provision that City Attorney review to avoid putting city in position of being liable. Mr. Sanders seconded and vote was unanimous in favor. PROPOSED ORDINANCE REDUCING DENSITY IN MULTIPLE FAMILY DWELLINGS Commissioner Cox advised Board that the subject of reducing the density in zoning for multiple family dwellings has come before Commission three times in the last few months and he felt that it should be addressed by Commission, and he requested input from Board before addressing matter further in formal Commission session. Commissioner Cox advised that his research revealed that the city would be in better control of growth in those areas zoned R3 if the density is reduced and then require those who need a higher density request a variance. Chairman Breeze advised that a variance is not a vehicle for Planning and Zoning Board, but rather Board of Adjustment to deal with and has to do with granting relief to hardships that are not affecting others in the same situation rather than density. Chairman Breeze then said he was very much opposed to changing the ordinance, that it should stay as it is and when a subdivision plan is presented for approval and the high density is such that city cannot serve properly with road, police, fire, and water services then control that density on an individual basis depending on city's ability to service the area. Mr. Swickerath agreed with this opinion but added that he would like to see the city approve the higher density with a provision that one portion (like one - third) be left permanently green with no buildings, no recreation facilities, etc. so that water recharge area would be available and some eye relief would be provided. He suggested that even up to fifteen per acre density would be acceptable if one -half that acre were left green. Mr. Swickerath moved to not recommend adopting the proposed ordinance to reduce density in multiple family dwellings. Mr. Smith said he would like to see limited and controlled growth. Mr. Sanders felt ordinance should stay as it is, and seconded the motion. Vote was unanimous in favor. Chairman Breeze advised that Zoning Ordinance is subject to be revised soon by City Planner and matter should be addressed at that time also. -2- PLANNING AND ZONING BOARD MEETING FEBRUARY 12, 1985 Page 3 COMMENTS FROM CITY MANAGER City Planner Russ Wagner, speaking for City Manager Ken Griffin, advised Board that: 1. Commission passed Billboard Moratorium Resolution to be effective until December 31, 1985. 2. Growth management /proposed annexation of those areas surrounded by city boundaries was approved and will be negotiated with county. 3. Current ordinances were found to be adequate for controlling Satellite dishes as an accessory structure in rear yard, so no action was taken. 4. Commission passed first reading on Lake Setback Ordinance. 5. Commission has new subdivision regulations under review. City Engineer is now putting them together and they will come back to Board for consideration. 6. Staff has prepared updated zoning and boundary map to give out to developers due to recent activity caused by freeze. 7. New Building Official is Ron Thomas from Clermont, replacing Iry Cohen. 8.City has purchased 300 scale aerial photographs of city and surrounding area for future planning purposes and will be getting a large scale aerial wall map as well. 9. A gazebo, to be used for concerts, speeches, etc., is a proposed community project which will be built with donated labor and materials and the support of P & Z Board and all volunteers is solicited. 10. Planner is currently working on Comprehensive Land Use Plan Status Report as required by law and will soon have draft available for Board to send to Commission. ADJOURNMENT m Meeting adjourned at 8:45 P.M. Dep iy City Clerk / Chairman Breeze