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HomeMy WebLinkAboutPZ 02-10-1987 liorsy MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD FEBRUARY 10, 1987 Chairman Swickerath called the regular meeting to order at 7:32 p.m. PRESENT: Chairman Swickerath; Board Members Cook, Linebarier, Sanders, Smith; City Planner Wagner ABSENT: Board Members Bello and Switzer and Alternate Member Bond APPROVALS Mr. Smith moved to approve the minutes of the meeting held December 9, 1986. Mr. Sanders seconded the motion and vote was unanimously in favor. NEW BUSINESS Chairman Swickerath advised those present that all 18 items on the agenda were annexation petitions and were also public hearings, so an opportunity would be given to those in the audience to express their opinions on each item before the ,, board would make a recommendation. As City Planner Russ Wagner began to point out on the map all of the requested annexations, Chairman Swickerath asked if any of the requests were contingent upon the approval of some of the others, and if so, should the agenda be rearranged to facilitate the considerations. Mr. Wagner said that the requests were put on the agenda as they came into the office and that he would advise the Board each time that their recommendation should include the phrase "subject to approval of ..." to insure contingency. Mr. Smith raised the question of overlapping water supply systems with the county. Mr. Wagner advised that the county does have water lines in the ground east of Clark Road and that we do not have a formal interlocal agreement with them as yet, but it is not an unusual situa- tion as other cities arrange to wholesale water and charge it back. Therefore, the matter of who supplies the water would not prevent annexation. Mr. Wagner also noted that there is a sewer line on Clark Road available to serve the area. ANNEXATION PETITION 01A - 87, REFORMED PRESBYTERIAN CHURCH Mr. J. Worsham, 266 Milam Drive, Orlando, who is a member of the church building committee, explained that the church was founded by two Ocoee area residents some 60 years ago, Mr. Milford White and Mr. Boyd Terry. Mr. Worsham advised that the congregation has purchased 4.5 acres on White Rd. and titer anticipates growth to approximately 350 people maximum. 1 Page 2 P12 Mating February 10, 1987 Chairman Swickerath cautioned Mr. Worsham that whatever action the Board takes is a recommendation only to the Commission and is contingent upon the success of some other applications because at this point the property is not contiguous to city property. No one spoke against the annexation. Mr. Sanders moved to recommend annexation subject to recommendation of the contiguous pieces being annexed. Mrs. Cook seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 02A - 87, LINDY WADE RICH Mr. Wagner pointed out on the map the 1.2 acre parcel located south of Wurat Road near its intersection with Spring Lake Circle and he advised that annexation of this parcel would reduce the size of the enclave, but some kind of an easement may be required across neighboring commercial property. Wade Rich, 448 Ocoee Hills Road, said that he would appreciate the Board's consideration as the parcel is of little use as it is now. % No one spoke against the annexation. Mr. Linebarier moved to recommend annexation of the parcel as requested. Mr. Sanders seconded the motion and the vote was unanimously in favor. ANNEXATION PETITION 03A - 87, DAVID PEARLMAN Mr. Wagner pointed out the 49 1/2 acre tract east of Maguire Rd. and north of Moore Rd. which is presently Maguire Airport. He noted that the property is not now served by water or sewer but that service will probably be extended once the Heller property is developed. This parcel is within the city's reserve area and a potential problem of creating an enclave will be avoided by leaving county access to the property lying west of the airport. Dr. Bob Ferdinand, 12202 West Park Avenue, Windermere, said that they have a contract to purchase the property from Mr. Pearlman and noted that both water and sewer service have been extended to the north side of the turnpike, putting them within three quarters of a mile of the airport. No one spoke against the annexation. Mrs. Cook moved to recommend annexation of the parcel as requested. Mr. Smith seconded the motion and the vote was 2 Page 3 P & Z Meeting February 10, 1987 unanimously in favor. ANNEXATION PETITION 04A -87, R.L. FERDINAND Mr. Wagner pointed out the 19.8 acre parcel on the map and advised that it was contiguous to property annexed last year, and that a small enclave will be created with this annexation which will not be a problem because of leaving county access. In response to Mr. Linebarier'a expressed concern over the proposed C -3 zoning of this parcel when it is abutting R -2 and the small residence, Mr. Wagner advised that when the changes to the Comprehensive Land Use Plan and rezoning come up on the agenda, that the petitioners are requesting considerable changes and the C -3 may appear to be feasible taken in the context of all parcels being considered for commercial use. No one spoke against the annexation. Mr. Smith moved to recommend approval of the annexation to the Commission. Mr. Sanders seconded the motion and vote was unanimously in favor. `1n► ANNEXATION PETITION OSA -87, R.L. FERDINAND Mr. Wagner pointed out on the map the 9.7 acre parcel which lies between 2 parcels previously annexed. He said that normally he would request annexation of Maguire Rd. at the same time but because of the small residence not annexing it would be necessary to leave an access route in the county. Mr. Bob Ferdinand stated that this property is contiguous to the other property that they have annexed into the city and it lies within the city's reserve area. It is their desire to put in a planned development. No one spoke against the annexation. Mr. Sanders moved to recommend annexation of the parcel as requested. Mr. Linebarier seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 06A -87, CHARLES AND JANES HAWTHORNE Mr. Wagner pointed out the 88 acre parcel located south of Silver Star Rd., lying on the north and west shores of Lake Olympia. He stated that as soon as the U.S.Homea project is completed water will be adjacent to the property and that 'wr this is the logical parcel to complete the looping of our 3 Page 4 P & Z Meting ilrr February 10, 1987 water mains in that area. Sewer will be available. The small enclave created has a private road access not on this property and so will not be a problem. Mr. John Percy, Senior Planner with Glatting Lopez Kercher Anglund at 33 E Pine Street, Orlando, speaking for Charles and James Hawthorne, requested favorable consideration of the request for annexation. No one spoke against the annexation. Mrs. Cook moved to recommend approval of the annexation request. Mr. Sanders seconded the motion and vote was unanimously in favor. Mr. Smith, referring back to Petition #05A -87, asked Mr. Wagner how the city will enforce turn lanes, etc if the road is not annexed also. Mr. Wagner explained that developer agreements are effective in the beginning and by the time that area is developed enough to create a need for further control the city will probably be back requesting annexation of the road. ANNEXATION PETITION 07A - 87, BARRY GOODMAN Mr. Wagner pointed out the 237.8 acre parcel located north of S.R.5O and south of White Rd., abutting Lake Lotta. He explained that it is presently zoned PUD in the county, and the annexation request is contingent upon having an agreement with the city enabling him to retain that zoning. Mr. Swickerath interrupted to determine whether Mr. Goodman understands that his plans will have to come before this board for approval and whether he had been advised that his storm water management system will be looked at very carefully by our city engineers. It was decided that Mr. Wagner should finish his presentation and the questions would be directed to Mr. Goodman's representative. Mr. Wagner said that sewer would be available where Clark Rd.meets White Rd. but that the size of the development would necessitate the developer participating in the expansion of the water system. The parcel is within the city's reserve area. Mr. Linebarier asked to know more about the city's agreement with Mr. Goodman before he casts a vote. Mr. Wagner stated that Mr. Goodman does not want to lose the density of zoning which he has with the county zoning. Mr. Linebarier asked if that density conflicts with ours and Mr. Wagner responded that we do not have any specific plans for that area as yet. 4 Page 5 P & Z Meeting February 10, 1987 how Mr. Steve Fieldman, Attorney, representing Barry Goodman and Lake Latta Limited, complimented Mr. Ryan and Mr. Wagner and city officials that they have dealt with concerning this property. He pointed out that the changes recommended by them have been incorporated into the plane. He also explained that they did not went to have a parcel as large as this one annexed without having some idea what the city would do with it. The ensuing discussion revealed that there has already been a preliminary plan submitted to the county, that Petitioners would not want to complete the annexation without assurance that their PUD zoning would be approved, that the request is considered to be reasonable to the Petitioners but not to the Board. Mr. Smith moved to recommend annexation without any strings attached or prior agreements or guarantees. Mrs. Cook seconded the motion and vote was unanimously in favor after further discussion during which Mr. Worsham asked that the normal process when a petitioner decides to withdraw be explained. Mr. Wagner advised that it was possible to withdraw up until the second reading of the ordinance. MEETING RECESSED 8:46 TO 8:54 ANNEXATION PETITION 08A -87, ELMER BADGER Mr. Wagner pointed out the 1 acre parcel south of Lake Olympia which is Mr. Badger's home. Mr. Elmer Badger, 918 White Rd., P.O. Box 6, Ocoee, asked simply to annex his home into the city. Mr. Linbarier asked whether annexation of this parcel would be contingent on the annexation of the previously considered parcel and Mr. Badger replied that he wanted his property in the city whether the larger parcel came in or not. No one spoke against the annexation. Mr. Sanders moved to recommend annexation of the parcel. Mrs. Cook seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 09A - 87, JEFFREY YEAGER Mr. Wagner pointed out the 24.5 acre parcel located at the northwest corner of Good Homes Rd. and S.R. 50 and advised the Board that this annexation is contingent on the annexation of Mr. Goodman's 237.8 acre parcel. �Mr 5 Page 6 P & Z Meeting February 10, 1987 Mr. Jeffrey Yeager, 2630 Via Tuscany, Winter Park, explained that he was not aware until dust now that zoning could not be considered until after the annexation is completed and that he had also asked for annexation based on a subsequent developers agreement as to the zoning. He understood after hearing the discussion on Mr. Goodman's parcel, however, that a developers agreement for his parcel would not be appropriate but that he was willing to answer any questions the Board might have. No one spoke against the annexation. Mr. Sanders moved to recommend annexation to Commission. Mrs. Cook seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 10A - 87, ANNA L. DAVIS & TOM WEST Mr. Wagner pointed out the 20 acre parcel located east of Johio Shores Rd. approximately 1/2 mile north of Silver Star Rd. and explained that annexation would make extending the paving of Johio Shores Rd. possible and also assist in the extension of the water main to complete a loop. Mr. W.C. Davis,. Johio Shores Rd., Orlando, was present to answer any questions and he advised that the property consisted of frozen out orange groves and that replanting would be too costly. No one spoke against annexation. Mr. Linebarier moved to recommend annexation. Mr. Sanders seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 11A -87, W.C.DAVIS, R.V.OGILVIE, JAMES PITCHFORD Mr. Wagner pointed out the 9 acres on the south side of S.R. 50 approximately 1/8 mile west of Good Homes Rd. and explained that annexation of this parcel is subject to the annexation of the Yeager parcel, which is subject to the annexation of the Goodman parcel. Mr. W.C. Davis, same as above, was present to answer any questions and there were none. No one spoke against the annexation. Mr. Sanders moved to recommend annexation subject to the annexation of the Yeager parcel and subject to the annexation *Irr 6 Page 7 P & Z Meeting February 10, 1887 of the Goodman parcel. Mrs. Cook seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 12A - 87, WESCAR, INC Mr. Wagner pointed out the 23.3 acre parcel located south of Silver Star Rd. approximately 1/8 mile west of Clark Road. He noted that this parcel completes the circle of property around Lake Olympia. Mr. Dave Outlaw, 1101 Lake Destiny Drive, Maitland, advised that he was present to answer any questions the Board might have. In response to Mr. Linebarier's question regarding the request for R -3 zoning, Mr. Outlaw explained that the intent was for cluster housing. As there is no provision for cluster housing in the city's ordinances, he was hoping that some consideration might be given to passing such an ordinance before time for his zoning petition to be filed. Mr. Wagner advised that it would be possible and possibly would be good for city to consider. No one spoke against the annexation. Mr. Smith moved to recommend annexation and Mr. Linebarier seconded the motion. Vote was unanimously in favor. ANNEXATION PETITION 13A - 87, JAY & DOTTI SCHORR Mr. Wagner pointed out the 34.4 acre parcel located west of Clark Rd. and east of Lake Olympia approximately 1/4 mile south of Silver Star Rd. He explained that this annexation would be helpful in developing our utilities system as well as helping to get the county to develop Clark Rd. Mr. Dave Outlaw, same as above, explained that they do have the land under contract and intend to develop it. No one spoke against the annexation. Mr. Sanders moved to recommend annexation. Mrs. Cook seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 14A - 87, WESCAR, INC Mr. Wagner pointed out the 187 acre parcel located west of Apopka - Vineland Rd., south of Clercona -Ocoee Rd., and north of Hackney- Prairie Rd., which is not within our reserve area. The county is concerned that we would annex the land prior to a formal modification of our planning reserve area line. Therefore he recommends that if the Board does recommend that Vr this property be annexed that it be subject to negotiations 7 Page 8 P & Z Meeting February 10, 1987 Stow with the county for an amendment to the planning reserve area. Mr. Dave Outlaw, aame address as above, asked the Board to consider: 1) that the E/W Expressway will be coming this direction and the complexity of this area will change with growth and development as a result, 2) the agreement with the county allows a modification to the boundaries with a 30 day notice and the process takes 6 to 7 weeks to accomplish, 3) annexation would provide direct avenue to the Apopka - Vineland Rd. It would also let the city control the growth. Mr. Louis Geya, President of Dabi and Wescar, Inc. said they have been studying the area and making plane for 3 years and feels that they have something special to offer with their 1/4 acre lots. Mr. Herb Sulley, 792 Sulley Dr., said that Ocoee helped them to atop a similar attempt to annex by Clarcona and Mayor Iaon had assured them that Ocoee would not move into their area. He is definitely opposed to the annexation. Mr. Dennis Phipps, P.O. Box 560, Clarcona, spoke at length opposing the annexation, noting that he understood that the Sew paving of Hackney - Prairie Rd. was to be done by someone else, that this is not in the Ocoee area, that Mr. Treadway had assured them that because the sewer treatment area was allowed there that it would not be used as leverage for urbanizing their area. He concluded his statements on a positive note stating that he feels Ocoee is a good neighbor and he wants to keep it that way. Mr. Swickerath advised that prior to the public hearing before the Commission there will be ample notice to all property owners within 300 feet of the subject property. Mr. Linebarier moved to recommend approval of the annexation subject to an agreement with the county to extend the reserve planning area. Mr. Sanders seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 15A - 87, PATRICK KELLY Mr. Wagner pointed out a 3.8 acre parcel located 1/8 mile north of Hackney Prairie Rd. approximately 1/2 mile west of Apopka - Vineland Rd. which is not to be developed because it is a private home. Annexation of this parcel is contingent upon the annexation of Case 14A -87. Mr. Dave Outlaw, same address as above, was present rr representing Mr. Patrick Kelly. 8 Pages 9 P & Z Nesting ;fir February 10, 1947 No one spoke against the annexation. Mr. Smith moved to recommend annexation as requested subject to renegotiation with the county regarding the reserve planning area and also subject to the annexation of Case 14A- 87. Mrs. Cook seconded the motion and vote was unanimously in favor. ANNEXATION PETITION 16A - 87, CITY OF OCOEE Mr. Wagner advised that this petition is a catch all which involves portions of street rights -of -way adjacent to lands under municipal jurisdiction including approximately 1/2 mile of White Rd. near Clark Rd., approxmately 1/4 mile of Montgomery Rd. north of White Rd., approximately 1/8 mile of Silver Star Rd. east of Clark Rd., approximately 1/8 mile of Johio Shores Rd. north of Silver Star Rd., and all of Lake St., all of which would be subject to annexations of adjacent properties. No one spoke against the annexation. Mr. Smith moved to recommend annexation subject to the annexations of adjacent properties. Mr. Sanders seconded and i4,, vote was unanimously in favor. ANNEXATION PETITION 17A - 87, JOHN G. PIERCE Mr. Wagner advised that the 19.3 acre parcel located west of Marshall Farms Rd., 1/8 mile south of S.R. 50 reappears on the agenda because annexation was requested before and it waa necessary to settle with the county about what they had to do to accomplish the annexation. Jerry Long, 713 Governors Ave, Orlando, spoke for Mr. Pierce who waa ill. He said that they did get the Turnpike Authority to petition for annexations that are contiguous and that the County Commissioners said that their problem with the enclaves was solved when the city signed the agreement for the reserve planning area. No one spoke against the annexation. Mr. Sanders moved to recommend the annexation. Mrs. Cook seconded the motion and vote was unanimously in favor. r . 9 Page 10 P & Z Meeting February 10, 1987 ANNEXATION PETITION 18A -87, FLORIDA DOT Mr. Wagner advised that this petition includes a portion of road right -of -way and other property included within the Sunshine State Parkway Orlando West Interchange located at S.R. 50 west of Marshall Farms Road. Mr. Smith moved to recommend annexation. Mr. Linebarier seconded and vote was unanimously in favor. COMMENTS Mr. Wagner introduced Linda Rivera, the new planning assistant, who is already busy on projects. Mr. Wagner advised also that the E/W Beltway project is now considering studying the possibility of going west of Ocoee due to the efforts of homeowners to the northeast of Ocoee. ADJOURNMENT Upon a motion by Mr. Linebarier and second by Mr. Sanders, meeting adjourned at 10:19 Oiror Chairman Swickerath Dep ty Clerk Gr./ ton 10