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HomeMy WebLinkAboutPZ 04-12-1988 MINUTES OF THE PLANNING & ZONING COMMISSION MEETING HELD ON *liter APRIL 12, 1988 The Meeting was called to order at 7:33 P.M. by Chairman Swickerath. PRESENT: Chairman Swickerath, Vice - Chairman Smith, Board Members: Switzer, Bello, Linebarier, Bond and Alternate: Breeze , Planning Director Wagner, Assistant Planner Rivera and Development Secretary King. ABSENT: Board Members: Sanders and Weeks. APPROVAL OF MINUTES There was one correction to the Minutes of the Planning and Zoning Commission Meeting held on March 22, 1988, which was to delete Bello from being present to absent. The Minutes of March 22, 1988, were approved, and the motion carried unanimously by those who were there. For the record, Chairman Swickerath and Board Members: Sanders, Linebarier, and Bello abstained because they were not present at the time of these minutes. NEW BUSINESS REVIEW APPROVAL OF PROPOSED ANNEXATION PETITIONS ANNEXATION PETITION OF MOREMAN, SHEPPARD, MURRAY, AND DAVIS CASE NO. - 03A -88 City Planner Wagner indicated the location of this 27 acre parcel located north of Lake Blanchard and explained that it is located in a largely undeveloped area of the community within the Joint Planning Area. Primary access will ultimately be from Maine Street, a proposed collector street which borders the southern edge of this property. The petitioners plan to construct multi- family units on the northern portion of the property and develop the southern portion with professional office uses. Chairman Swickerath questioned City Planner Wagner on the old rules which is if they want to annex, we act on that and they play by our rules. City Planner Wagner wanted to clarify to the Board Members a few annexations which for one reason or another will ultimately be held in abeyance, by the City Commission, until the end of the Rezoning and Comprehensive Plan Amendment process. In one case, it will be held in abeyance because we need to make a change to the Joint Planning Area Boundary, on the others, the petitioners themselves have requested that the annexation be held in abeyance until they go through the rezoning Page 2 Planning & Zoning Commission Meeting April 12, 1988 process. This information has been identified in the Staff Reports. Mr. H.D. Sheppard of 600 Sheridan, Orlando, one of the owners, was present to represent the petitioners. John Linebarier questioned who would be responsible for paving this portion of Maine Street at the time of development, the City or the developer? Planner Wagner explained that within this petition we are also including the annexation of Georgia Street which is a paper steet, at this stage we don't anticipate there will be any need for Georgia Street. In addition, as part of the required development agreement that we have now with all rezonings, this property owner would be required to pay his fair share of the cost of improving Maine Street. City Planner Wagner stated that there will be several petitions presented that will have roadways adjacent to them, in most cases these are unpaved rights -of -way which we prefer to leave in the County to be maintained by them until we have a development plan before us at which the City would annex the road rights -of -way. Burton Smith moved for approval to annex this parcel into the City and Pat Bond seconded, and the motion carried unanimously. ANNEXATION PETITION OF E.H. CROW, JR. AND ANN B. CROW - ✓ CASE NO. 04A -88 City Planner Wagner pointed out the location of this 10 acre parcel which borders the western boundary of the Joint Planning Area in an undeveloped rural area located south of the Sunshine State Parkway, and is contiguous to the City along its eastern boundary. Primary access to the property is from Windermere road, a two lane, paved County road. The petitioner intends to use this property for low - density residential development consistent with the parcel immediately to the east. This property is what the board considered briefly, at a prior meeting and decided to take the case under advisement until the staff could get it into a regular annexation, rezoning, comprehensive plan admendment process. Ann B. Crow was present and respectfully requested that the Board approve the annexation. The Board and City Planner discussed the proposed extension of the southern leg of the Western Beltway and the possibility of reserving this property for the extension of the interchange. As discussed at the prior meeting, until that action takes place the property owner should be afforded due process with the City as far as annexation and rezoning are concerned. Burton Smith moved for approval to recommend annexation of this parcel and Pat Bond seconded, and the motion carried unanimously. Page 3 lormw Planning & Zoning Commission Meeting April 12, 1988 ANNEXATION PETITION OF C. ROGER FREEMAN, CASE NO. 05A -88 City Planner Wagner indicated the location of this 11 acre parcel located within the Joint Planning Area in a relatively undeveloped rural area just north of the City's northwestern Commercial Center. Primary access to the property is from Ocoee - Apopka Road (S.R. 437), a two lane State highway. This property is just north of the M &M Utilities site and is contiguous to existing City of Ocoee lands to the west. The petitioner intends to ultimately develop this property for commercial use which will add to the City's tax base and encourage expansion of necessary public utilities to this area. Roger Freeman was present to answer any questions. Pat Bond moved for approval to recommend annexation into the City and Pat Bello seconded, and the motion carried unanimously. ANNEXATION PETITION OF C. ROGER FREEMAN, CASE NO. 06A -88 City Planner Wagner pointed out the location of this 5 acre parcel which is located within the Joint Planning Area in a relatively undeveloped rural area just northeast of the City's '%1110 northwestern Commercial Center. Primary access to the property is from Ocoee - Apopka Road (S.R. 437), a two lane State highway. This property is contiguous to existing City of Ocoee lands to the north and adjoins Pioneer Key I to the east. The petitioner intends to develop this property for commercial use which will add to the City's tax base and encourage expansion of necessary public utilities to this area. Mr. Roger Freeman was present to answer any questions. Pat Bello moved for approval and Pat Bond seconded, and the motion carried unanimously. ANNEXATION PETITION OF PHOENIX DEVELOPMENT GROUP, CASE NO. 07A -88 City Planner Wagner pointed out that this petition consisted of two parcels, a 74 acre parcel which is outside of the Joint Planning Area and approval of the annexation of this parcel would be subject to the modification of the Joint Planning Area Boundary. The .89 acre parcel is located west of Maguire Road within the Joint Planning Area. The petitioner plans to develop these parcels along with existing properties currently within the City as part of a Planned Unit Development. Primary access will be from Maguire Road with a secondary access on Moore Road. Chairman Swickerath asked City Planner Wagner if there had been any preliminary discussions with Nitre Page 4 fir,. Planning & Zoning Commission Meeting April 12, 1988 the County about this proposed change in the boundary. Wagner stated that they were aware of the desire to expand the boundary. Lou Roeder, President of Phoenix Development Group was present along with James and Robert Ferdinand. The P &Z Board discussed Staff's recommendations. Chairman Swickerath asked Lou Roeder if they understood Staff's recommendation, and the fact that if the board goes along with staff it is contingent upon resolving this particular issue with Orange County and was it acceptable to them? Mr. Roeder replyed that it was acceptable. John Linebarier questioned whether the one small parcel could go through without the adoption of the other parcel? Wagner stated that the small parcel could be brought in individually and a separate ordinance could be prepared for its adoption. Mr. Switzer questioned City Planner Wagner on the Joint Planning line. City Planner Wagner replyed that we made an agreement with Orange County that any future expansion of the Joint Planning Area Boundary or any proposed incursions of the City outside of those boundaries would be handled through a Comprehensive Plan Amendment to give the County time to react to our proposal. The intent of the developer is that he's going to be able to promote his project better to ° err the County as a Planned Development that makes sense in its entirety, as opposed to it coming in as bits and pieces. It would also be beneficial to the City to know what the over all game plan is and know that it all ties together. Mr. Breeze moved to recommend approval. Breeze, Smith, Swickerath, Bello, Linebarier, and Bond approved and Switzer opposed. ANNEXATION PETITION OF G. STEVE STANLEY, CASE NO. 08A -88 City Planner Wagner indicated the location of this 14 acre parcel located within the Joint Planning Area in an undeveloped rural area in the northeastern section of the Community. Primary access to this property is from Hackney- Prairie Road, a two lane, unpaved County road. The properties are contiguous to Forest Oaks Subdivision to the east and south, and the proposed Sawmill Subdivision to the north. John Linebarier questioned if the peitioners knew that they would have to pay for part of the paving of the road. Planner Wagner pointed out that these properties were under contract to the developer of the property immediately west of the site who intends to include the parcels within a proposed Residential subdivision. Harold Switzer questioned the county zoning of this parcel which was not indicated on the annexation petition application and stated this form should be filled out completely. Pat Bond moved to recommend for annexation and Tom Breeze Page 5 Planning & Zoning Commission Meeting April 12, 1988 seconded. John Linebarier stated that he would like to make an amendment that the board recommend approval subject to the Annexation of Case No. 09 -88. Pat Bond and Tom Breeze amended their motion, and the amendment to the motion carried unanimously. ANNEXATION PETITION OF GERALDINE L. SCOTT, CASE NO. 09A -88 City Planner Wagner pointed out the location of this 6 acre parcel which is within the Joint Planning Area in an undeveloped rural area in the northeastern quadrant of the community. Primary access to this property is from Hackney- Prairie Road, a two lane, unpaved County road. This property is contiguous to existing City of Ocoee lands to the north and west, and adjoins Prairie Lake to the south. This land is currently under contract to the developer of the property to the west of the site who intends to include the parcel within a proposed residential subdivision. Burton Smith moved to recommend for approval and John Linebarier seconded and the motion carried unanimously. ANNEXATION PETITION OF LAKE LOTTA LTD, CASE NO. 4 1411, City Planner Wagner pointed out the location of this 237 acre parcel and explained the background of this property. This parcel is located close to the eastern boundary of the Joint Planning Area. Primary access to the site is provided from White Road, a two lane County road as well as State Road 50, a four lane State highway. A substantial portion of this property is currently approved as a PUD in Orange County. The ultimate development of this property will enable the City to significantly expand its tax base, plan for numerous roadway improvements within this area, and provide for the expansion of the municipal sewer and water system. Mr. Steve Fieldman was present and gave background information. The P &Z Board Members mentioned that this petition had been withdrawn three times prior to this meeting. Mr. Fieldman explained that previously the question was whether the property could be rezoned and annexed at the same time. Harold Switzer pointed out the last sentence on the Staff Report under Discussion. It reads "Due to the existing development rights secured for this tract, the petitioner has requested that the annexation of this property be tied to the rezoning of the parcel to PUD." P &Z Board recommends that the second part of the last sentence, under recommendation, of the Staff Report be striked. It reads, "but that final adoption be held in abeyance until completion of the Comprehensive Plan Amendment and Rezoning process." City Planner Wagner pointed out that this procedure Page 6 r Planning & Zoning Commission Meeting April 12, 1988 is the opposite of the process the Commission has used in the past. However, Tom Pelham of the Department of Community Affairs has indicated this new process is acceptable and that the City Commission has adopted this new procedure. John Linebarier asked City Planner Wagner if the City has taken concrete action to make this a Planning and Zoning Board procedure. (Linebarier wants to see layout). Burton Smith moved to recommend to the City Commission that they annex this property with no agreements attached to it. City Planner Wagner stated for clarification that if the Board does not make a recommendation for approval or if the City Commission does not go ahead with the annexation then there is no vehicle to allow the consideration of the peitioner's request for a land use change and rezoning. The staff has to have an annexation petition pending before the DCA will review the Comprehensive Plan Admendment on the property. Chairman Swickerath stated to the board: A vote in favor of the motion would be to simply recommend annexation to the City Commission without any of the provisions. err A vote against the motion on the floor would be a vote for the staff recommendation, and would say, "let this developer approach the City and start the wheels turning under the new rules." Chairman Swickerath called for the vote: All in favor of Mr. Smith's motion, which is to recommend annexation without any contingencies. 4 to 3 vote FOR: Switzer, Smith, Bello & Linbarier AGAINST: Bond, Breeze, & Swickerath ANNEXATION PETITION OF JEFFREY YEAGER, TRUSTEE, CASE NO. 11A -88 City Planner Wagner pointed out the location of this 24 acre parcel and explained the background of this property. This parcel is located in an area of rapidly expanding development and is actually an extension of the annexation petition of the property to the west (10A -88). Access to the property is from State Road 50, a four lane State highway as well as Good Homes Road, a two lane paved County roadway. The petitioner wants the rezoning before annexation for commercial use. Burton Smith moved to recommend to the City Commission that they annex the property without contingencies, Linebarier seconded the motion. City Planner Wagner stated that there is one contingency, that we can not legally annex the property unless 10A -88 is annexed. The motion was amended by Mr. Smith. fir• Chairman Swickerath asked for the vote: All in favor of Mr. Smith's motion: (four) Switzer, Smith, Bello, & Linebarier. Opposed: Breeze, Swickerath, & Bond Page 7 Planning & Zoning Commission Meeting April 12, 1988 ANNEXATION PETITION OF W.C. DAVIS, R.V. OGILVIE, AND JAMES PITCHFORD, CASE NO. 12A -88 City Planner Wagner indicated the location of this 9 acre parcel which is located immediately south of a parcel that is also being considered for annexation (11A -88). It is not currently contiguous to any City boundaries, and therefore, the annexation would be subject to the approval of the parcel to the north. In addition, annexation of this parcel would be held in abeyance pending the completion of the Comprehensive Land Use Amendment and Rezoning. Burton Smith made a motion to recommend approval to City Commission for annexation. John Linebarier seconded and the motion carried four to three. FOR: Switzer, Smith, Bello, & Linebarier. AGAINST: Breeze, Swickerath, & Bond. ANNEXATION PETITION OF REFORMED PRESBYTERIAN CHURCH, CASE NO. 13A -88 City Planner Wagner showed the location of this 4.8 acre parcel and gave a brief overview. This parcel is located adjacent to the new County Water Tower at the northeast corner of Clark and 40 1.x' White Road. It is the petitioners' intention to build a church on this property. Burton Smith moved to recommend approval to the City Commission subject to the annexation of 10A -88, it was seconded and the motion was carried unanimously. ANNEXATION PETITION OF CITY OF OCOEE ROAD RIGHTS -OF -WAY, CASE NO. 14A -88. City Planner Wagner pointed out the location of these two portions of road rights -of -way which are currently under consideration for annexation. This includes a portion of Starke Lake Drive and a portion of Silver Star Road, both being part of an existing paved two lane State highway (S.R. 438). John Linebarier moved for approval of this annexation, Pat Bond seconded and the motion carried unanimously. RECESS: 9:10 PM CALLED TO ORDER: 9:25 PM 401. Page 8 Planning & Zoning Commission Meeting April 12, 1988 REZONING PETITION OF ALTON JULIAN, CASE NO. 08R -88 City Planner Wagner indicated the location and explained the background of this parcel and that the petitioner is requesting a PUD in order to allow each side of the duplex to be sold to different owners. The petitioner originally developed 14 duplex lots within the Harbor Highlands II Subdivision utilizing the conventional requirements of the Zoning Ordinance. In effect, the code permits two attached dwelling units on one lot under a single ownership. Mr. Alton Julian was present and stated he was unable to sell the duplexes and if the Board did not change the zoning so that he could sell each unit individually they would then turn into rentals. John Linebarier moved to recommend that this rezoning to PUD not be approved, Harold Switzer seconded and the motion carried five to two. Against: Tom Breeze and Burton Smith. PRELIMINARY REVIEW - SAWMILL SUBDIVISION - UNIWES City Planner Wagner pointed out the location of this 187 acre �lrr parcel and explained the background of this property. This would be the largest subdivision in the City with 410 lots proposed. There will be a number of issues related to utilities extensions, parklands, drainage, retention, and setbacks from the lake. The staffs initial review is 50% complete. Bruce Mylrea, Bob Thornton, John Webb and John Herbert were present to answer any questions. The Board questioned the access road crossing the railroad in case of an emergency. Hackney- Prairie Road would be paved by the developer as a secondary access. Discussion ensued concerning capital expansion, storage capacity, water, and the possible need for another well. The Board members also discussed whether to fence the retention pond or leave it open as a passive recreation area by the lake. The Sawmill project will have a mandatory Home Owners Association. PRELIMINARY REVIEW - LAKE OLYMPIA ESTATES - WESCAR City Planner Wagner pointed out the location of this proposed development which is south of Silver Star and west of Clark Road. The developer's engineer Bill Fogle of Civil Design gave a brief presentation and Dave Outlaw of Wescar was also present. The Board members discussed the entrance road off of Silver Star Sow Road, the 50' right -of -way design improvements which loop into Clark Road, parks versus cash contributions, and whether the retention pond area would provide lake access for the public. Page 9 Planning & Zoning Commission Meeting April 12, 1988 There is about one acre on the lake for a picnic area. John Linebarier was concerned about the development site excluding Ocoee citizens from having access to the lake. The Board wanted Wescar to reconsider their position on the cash contribution versus more park land because the Board members would like to see more park area in this development. PRELIMINARY REVIEW - LE CESSE PUD - DON TOOLEY City Planner Wagner pointed out the location of this proposed development which the Board had not seen before and gave a brief explanation. This property is currently zoned R -3 and to the north a 320 unit apartment complex is being developed. However, the owners wish to develop the southern portion of the property as single - family with a proposed lot size of 60' x 110', with some lots fronting on Lake Lilly. Don Tooley, Le Cesse Corporation gave a brief presentation of the proposed layout and stated that this property would be developed under a PUD type zoning category. Chairman Swickerath questioned the number of trees that would be lost with this small lot layout and did this developer have a tree survey. Burton Smith questioned why this subdivision had only one access and suggested there be a second emergency access off of Seminole Street. The Board recommended having a permanent secondary access into the project and in general preferred seeing single family on this property. GENERAL COMMENTS MEETING ADJOURNED AT 11:00 PM /I ! " A' R ICKER • T' ATTEST: ELLEN KING DEVELOPMENT REVIEW SECRETARY