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HomeMy WebLinkAboutPZ 07-12-1988 MINUTES OF THE PLANNING & ZONING COMMISSION MEETING HELD ON JULY 12, 1988 The Meeting was called to order at 7:30 P.M. by Chairman Swickerath. PRESENT: Chairman Swickerath, Vice- Chairman Smith, Board Members: Linebarier, Bello, Switzer and Alternates: Breeze and Weeks, Assistant Planner Myers, City Engineer Finch and Development Secretary King. ABSENT: Board Member: Bond APPROVAL OF MINUTES There were no corrections or additions to the Minutes of the Planning and Zoning Commission Meeting held on May 10, 1988. John Linebarier moved to approve the minutes of May 10, 1988 as printed and Tom Breeze seconded and the motion carried unanimously. RESIGNATION OF MARVIN SANDERS Chairman Swickerath stated that long time board member Marvin Sanders submitted his resignation from the Planning and Zoning Board. Sanders felt he needed to resign from the board for personal reasons. Included in the P &Z packet was Sanders letter *iv of resignation which was effective as of June 30, 1988. Chairman Swickerath asked the board members for a motion to give a plaque for recognition of service to the Planning & Zoning Board to Marvin. Also, Swickerath asked that the City Commission likewise recommend Marvin's service to the board. Vice - Chairman Smith made the motion and Pat Bello seconded and the motion carried unanimously. NEW BUSINESS Chairman Swickerath explained to the audiance that the Comprehensive Plan Amendment petitions would be addressed separately by opening and closing each case individually. COMPREHENSIVE PLAN AMENDMENT PETITION OF MOREMEN, SHEPPARD, MURRAY, AND DAVIS - CASE NO. O1C -88 Assistant City Planner Myers indicated the location of this 27 acre parcel as south of Geneva Street and east of Chicago Avenue. Myers explained that the northern and eastern portion of this site is an ecologically sensitive area. Access to the site will be from Maine Street and a proposed extension of Montgomery Avenue. Discussion of the board began when John Linebarer stated that Montgomery Road may be an arterial road if it goes through and if this petition for commercial use is approved there may not be 1 Page 2 Planning & Zoning Commission Meeting July 12, tqww adequate access for commercial use. High density multiple family dwellings and commercial land uses generate heavy traffic. Chairman Swickerath stated that this petition is consistent with the Comprehensive Land Use Map. Board Member Tom Breeze moved to recommend approval of the request as stated with no provision for upgrading vehicular service. Breeze felt the developer would find a way to provide service to the parcel if the demand developed for the property. Burton Smith seconded and the motion was opposed 5 to 2. The majority of the board wanted a transportation and access provision. John Linebarier moved that the board approve the request for Commercial and Residential land use provided that Montgomery Road be developed, that the developer participate and that the City follows through with as much of Montgomery Road as the City can build. Patricia Bello seconded and the motion was approved 6 to 1. Burton Smith opposed. COMPREHENSIVE PLAN AMENDMENT PETITION OF ANEMAR, INC. - CASE NO. %row Assistant Planner Myers indicated the location of this 7.9 acre parcel as south of State Route 438 and west of Lake Street. Myers explained that the petitioner requested a residential land use. This project is compatible to surrounding existing and proposed land uses. This petitioner will be a connector parcel for continuing city utility services. Chairman Swickerath opened the public hearing. The public hearing was closed. Burton Smith moved to recommend approval of residential land use and Harold Switzer seconded and the motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF YUSUF MOHAMAD - CASE NO. 03C -88 Assistant Planner Myers indicated the location of this 8.44 acre parcel, north of Silver Star Road, west of Lake Stanley and east of Lake Street. Ms. Myers explained that the petitioner requested commercial land use. This parcel forms the eastern most boundary of Ocoee city limits along Silver Star Road. Chairman Swickerath opened the public hearing. Mr. Frank Courtney was present on behalf of the petitioner and stated that he was available to answer any questions from the board or the audience. Board Member Linebarier questioned the consistency of this parcel *fto" with the Comprehensive Plan. The map did not show this area to 2 Page 3 Planning & Zoning Commission Meeting July 12, 1988 be zoned for commercial, it is marked for low density residential. Several area residents expressed their concern about this request for land use change and voiced opposition to any type of commercial use in this area. Chairman Swickerath closed the public hearing and called for a motion from the board. Gerald Weeks recommended denial of a commercial land use and Harold Switzer seconded. Chairman Swickerath stated that he personally could not see any difference in the small piece of commercial development and what the board and city staff encourages developers of PD's to do, and that is to do some commercial development inside of their PD's. John Linebarier questioned that as the board has always insured that any shopping center have at least two street accesses and this property only has one street access which would be off Silver Star Road. Chairman Swickerath called for the question. Gerald Weeks moved to deny a commercial land use and Harold Switzer seconded. The motion carried 6 to 1 with Chairman Swickerath opposed. COMPREHENSIVE PLAN AMENDMENT PETITION OF WAYNE ATWOOD - CASE NO. 04C -88 Assistant Planner Myers indicated the location of the 53 acre '1bow parcel on the proposed comprehensive land use map to be north of Lake Johio and west of Johio Shores Road. This petitioner requested residential land use. Existing Orange County zoning provides for a residential land use. The developer has provided project plans for preliminary subdivision review previously. A residential land use is in compliance with the adopted Proposed Conceptual Land Use Plan. Staff recommends residential land use be approved. Chairman Swickerath questioned Ms. Myers of the proposed city land use designation. On the petition it showes P.U.D. which was crossed out and R -1 -A was hand written in. Chairman Swickerath opened the public hearing. The petitioner, Mr. Wayne Atwood stated that he was available to answer any questions and could address the question at hand. Atwood stated that he wanted R -1 -A zoning and continued to say that the property had underlying R -1- A county zoning and he could have developed through the county with the R -1 -A zoning and could have proceeded with that process on 3/4 of the property. This was keep the R -1 -A consistent with the City of Ocoee criteria. John Linebarier brought to the attention of Mr. Atwood that the petition had "unclassified" under current city or county land use designation. Mr. Atwood continued to explain that the petition was incorrect when submitted. The east 3/4 of the parcel was R -1 -A under the county zoning. 3 Page 4 Planning & Zoning Commission Meeting July 12, 198E Now Earl and Sandy Barnette were present and stated that they lived south of the petitioner's property and would like larger lots. After some discussion from Swickerath, Barnette and City Engineer, Finch, Chairman Swickerath reminded the Barnette's that this was not a rezoning petition, but was a comprehensive plan amendment. The public hearing was closed and a call for a vote was requested from Chairman Swickerath. John Linebarier moved to approve residential land use, Pat Bello seconded, and it carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF LAKE BLANCHARD PARTNERSHIP - CASE NO. 05C -88 Assistant Planner Myers indicated the location of the 16 acre parcel on the proposed comprehensive land use map to be north of of Lake Blanchard south of Maine Street and east of Chicago Avenue. This petitioner was asking for approval of a Commercial land use. Primary access will be provided to this site from Maine Street. Surrounding land uses are presently vacant. Staff recommended Commercial land use be approved for this parcel. v, Chairman Swickerath opened the public hearing. Bruce Mylrea was present to speak on behalf of the petitioner. Mr. Mylrea clarified the existing Maine Street to be a brick road. The public hearing was closed. Burton Smith moved to approve the commercial land use, Tom Breeze seconded and John Linebarier suggested an amendment to the motion that approval be subject to the development of adequate road access as planned in our conceptual land use plan. The motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF E.H. CROW, JR. AND ANN B. CROW - CASE NO. 06C -88 Assistant Planner Myers indicated the location of the 10 acre parcel on the proposed comprehensive land use map to be south of Marshall Frams Road and east of Windermere Road. This petitioner is asking for an approval of Residential land use. This parcel is presently vacant agricultural land. Primary access is Windermere Road and secondary access is from Marshall Farms Road. Staff respectfully recommends a Residential land use be approved. Chairman Swickerath opened the public hearing. Ann Crow was present to answer any questions and provided background on this property. The property, presently within the Northwest Beltway Reservation area had been petitioned for rezone *ft, reservation had been taken. The public hearing was closed. 4 Page 5 Planning & Zoning Commission Meeting July 12, 1988 Tom Breeze moved to approve Residential land use, Pat Bello seconded and the motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF ROGER FREEMAN - CASE NO 07C -88 Assistant Planner Myers indicated the location of the 11 acre parcel on the proposed comprehensive land use map, west of Ocoee - Apopka and approximately 1320 feet north of Palm Drive. This petitioner requested approval of an Industrial land use. There was some discussion from the board and city staff on whether this property should be light, medimum, or heavy intensity. Ms. Myers stated that according to the 1979 Comprehensive Plan there was a simple industrial designation but asked direction for a designation on the Proposed Conceptual Land Use Plan. Chairman Swickerath opened the public hearing. Roger Freeman was present to answer any questions. Mr. Freeman described the area and his intentions. John Linebarier questioned Mr. Freeman on what type of industrial was he asking. I -2 has been requested, but Mr. Freeman stated he wasn't sure what the City really wants in that area. Mr. Freeman stated he had talked to the *. Commissioners before and they had mentioned some type of industrial land use. Mr. Freeman stated he wants some type of industrial that provides jobs. Public hearing was closed. John Linebarier moved to approve Light Industrial, Gerald Weeks seconded and the motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF ROGER FREEMAN - CASE NO 08C -88 Assistant Planner Myers indicated the location of the 5 acre parcel on the proposed comprehensive land use map to be east of Ocoee - Apopka Road approximately 900 -feet north of Silver Star Road. This petitioner is asking for an approval of Industrial land use. Chairman Swickerath opened the public hearing. Roger Freeman was present to answer any questions. Public hearing was closed. Pat Bello moved to approve Light Industrial land use, Harold Switzer seconded. Burton Smith stated he did not like an industrial land use adjacent to Pioneer Key Mobile Home Park. Swickerath stated that the City requires adequate screening with buffers and landscaping between these conflicting land uses. Call for the vote - 4 to 3 approved light industrial. Approved: Breeze, Switzer, frte-i-t4i. Bello, and Swickerath Opposed: Linebarier, Weeks, and Smith 5 14)j.4;Al Page 6 Planning & Zoning Commission Meeting July 12, 1988 RECESS: 9:10 PM CALL TO ORDER: 9:20 PM COMPREHENSIVE PLAN AMENDMENT PETITION OF PEARL TERRY - CASE NO 09C -88 Assistant Planner Myers indicated the location of the 20 acre parcel on the proposed comprehensive land use map to be south of Geneva Street and east of B.C. Terry Road. This petitioner is asking for an approval of Residential land use. Primary access to this property is presently from B.C. Terry Road, an unpaved county road. This project is located in an undeveloped area of the City. Surrounding uses are residential and agricultural. A residential subdivision is planned directly north of this property. This project is in conformance with the adopted Proposed Conceptual Land Use Plan. This project will "infill" a compatible land use to surrounding areas and will help provide expansion of the city's utility systems. Chairman Swickerath opened the public hearing. Public hearing was closed. ,,, Tom Breeze moved to approve residential land use and Harold Switzer seconded and the motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF PHOENIX DEVELOPMENT GROUP PETITION - CASE NO. 10C -88 Assistant Planner Myers indicated the location of the 196 acre parcel on the proposed comprehensive land use map to be located at the southern most edge of the City. This petitioner is asking for an approval of Residential and Commercial land uses. The surrounding area is agricultural and undeveloped in nature. Access is from Maguire Road and Moore Road. Chairman Swickerath opened the public hearing. Louis Roeder was present for questioning and gave the background of this property. Jerry Kirk a neighboring resident was present and requested board members to be aware of property owners southeast of the 199 acre parcel. Mr. Kirk continued with comments regarding this rea. PAA1014 DU, Tom Breeze moved to approve residential as stater on staff report. Breeze withdrew his piati.t.io1 er a statement from the petitioner that this was also for commercial land use. Louis Roeder stated that within the city limits this parcel had some commercial and residential land uses. After a long discussion period with petitioner, city staff and P &Z board `'' members. Mr. Burton Smith moved to approve the Residential and 6 Page 7 Planning & Zoning Commission Meeting July 12, 1988 ylrr Commercial land uses for the 196 acres with approval of the east 88 acres. Burton Smith withdrew his motion so John Linbarier could make a clear stated motion. The public hearing was closed. John Linebarier moved to recommend approval for the residential and commercial use on all 196 acres with the approval of the east 88 acres being contingent upon the agreement between Ocoee and Orange County to extend our Joint Planning Area to include the eastern most 88 acres of the property. Harold Switzer seconded, the motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF LAKE LOTTA, LTD. - CASE NO. 11C -88 Assistant Planner Myers indicated the location of the 237.8 acre parcel on the proposed comprehensive land use map to be located between State Route 50 and White Roads on either side of Clark Road. This petitioner is asking for an approval of Commercial and Residential land uses. Chairman Swickerath opened public hearing. Steve Fieldman was present and available for questioning. Burton Smith requested details from June 9, 1988 City Commission meetings regarding this property. Fieldman stated that the annexation of this property would not be effective until after zoning was in place. Ms. Myers stated that this project's annexation will not be effective until November 22, 1988 the same time as their comprehensive plan amendment and rezone ordinances have been adopted. John Linebarier again questioned the process of this petition. The property is tentatively annexed subject to City approval of PUD rezoning and the developer's agreement. This is a reversal from what the City has done in the past 15 to 18 years. John asked, "In the last 18 years annexations stood alone and then later the petitioner would be annexed. Then the petitioner would come back and request zoning and proper PUD and developer's agreement, etc. But, now what the City is doing is making this one contingent upon the other. If it doesn't work out in all aspects then they're going to go back home." Steve Fieldman disagreed with John Linebarier's comment as a difference in opinion. This was not new and variations have been done in the past. Fieldman clarified the developer's comments as a double edged sword. Either developer or City could withdraw the annexation request. 7 Page 8 Planning & Zoning Commission Meeting July 12, 1988 Nir John Linebarier wanted an explanation from Fieldman why this petitioner couldn't follow the procedure like every one else. Fieldman stated that the project is approved as P.U.D. in Orange County and if the city denied commercial and high density request the developer would face economic "disaster ". Fieldman also stated that due to the history between the city and the developer neither wants to accept assurances from the other. The public hearing was closed. Harold Switzer moved to recommend approval of Commercial and Residential land use as stated on the staff report. Burton Smith seconded and the motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF JEFFREY YEAGER - CASE NO. 12C -88 Assistant Planner Myers indicated the location of the 24.5 acre parcel on the proposed comprehensive land use map to be located north of State Road 50 and east of Lake Lotta. This petitioner is asking for an approval of a Commercial land use. Chairman Swickerath opened the public hearing. Steve Fieldman presented background information on the Rose Hill Subdivision area. The public hearing was closed. Tom Breeze moved to recommend approval of low- intensity commercial for the top approximately 1/3 or 8.5 acres and medimum intensity commercial on the southern most approximately 16 acres or other 2/3 as indicated by the diagram attached to the petition. Seconded by Harold Switzer the motion carried unanimously. COMPREHENSIVE PLAN AMENDMENT PETITION OF DAVIS, OGILVIE, PITCHFORD - CASE NO. 13C -88 Assistant Planner Myers indicated the location of the 9 acre parcel on the proposed comprehensive land use map to be located south of State Route 50 and east of Lake Lotta. This petitioner is asking for an approval of a Commercial land use. Chairman Swickerath opened the public hearing. Steve Fieldman stated that the petitioner had nothing to do with the Lake Lotta, Ltd. or Yeager property. The property owner had originally petitioned the city for commercial use when the Highway 50 study was done. Fieldman felt that inadvertently a designation of high - density residential had been assigned to this property. Fieldman went on to say a quality high- density residential would not work in this area. He stated the economicality is that a first class apartment project has to have a club house, amenities, professional on -site management and would not fit on 8 Page 9 Planning & Zoning Commission Meeting July 12, 1988 9 acres. He also felt a small scale high- density residential immediately adjacent to the church property was not a compatible land use. Burton Smith asked Mr. Fieldman what kind of commercial development could you put on 9 acres. Chairman Swickerath answered that a nice office would fit on that acreage. Fieldman stated that it would have to be something that complemented this area. He stated that they are looking at a Publix Supermarket super -store planned in this area. We have a lot of business in Ocoee and have set alot of goals and would like to achieve those goals. The public hearing was closed. Harold Switzer spoke against the commercial land use that he hated to see commercializm spotted along Highway 50 as it has grown to the west of us. This was one of the concerns addressed by the Highway 50 study which was approved by the City Commission. The study should be used as a model to minimize cuts along Highway 50. Swickerath added that if apartment or condominimum projects are developed there would be curb cuts as well. John Linebarier stated that if you take the 9 acres away from hr�.• this high- density residential area designated as commercial look at the area that is left and you can't put hardly anything in it. At least by maintaining one central concept of high residentaii area in the entire area you leave open the possibility of one owner or one development acquiring all of it and putting in a high residential good development. But if you start chopping it up and put a commercial here and there. They nobody can acquire all of it so then you're ending up with nothing. That is what we discussed at length on the Highway 50 study was to prevent the hodge -podge of development. John Linebarier moved to recommend that this piece of property not be approved for commercial land use. Harold Switzer seconded and the motion carried with Burton Smith and Jim Swickerath as voting no. 5 to 2. COMPREHENSIVE PLAN AMENDMENT PETITION OF THE REFORMED PRESBYTERIAN CHURCH - CASE NO. 14C -88 Assistant Planner Myers indicated the location of the 4.8 acre parcel on the proposed comprehensive land use map to be located north of White Road and approximately 1/8 mile east of Clark Road. This petitioner is asking for an approval of Residential land use. 9 Page 10 Planning & Zoning Commission Meeting July 12, 1988 Chairman Swickerath opened the public hearing. R. Alan Windham, Trustee was present to answer any questions. The public hearing was closed. Harold Switzer moved to recommend approval of the residential land use, Tom Breeze seconded and the motion carried unanimously. NOTE: Chairman Swickerath stated that there will be a Transmittal Hearing on July 26, 1988 with the Ocoee City Commission for follow -up and review of these petitions. RECESS: 10:46 PM CALL TO ORDER: 10:53 PM REVIEW APPROVAL OF PROPOSED ANNEXATION PETITIONS ANNEXATION PETITION - BARNETTE - CASE NO. 15A -88 Assistant Planner Myers presented an overview of the proposed annexation explaining that the tract was approximately 25.5 acres located east of Lake Johio Road from Wood Chip Lane north to Nibr, end of Lake Johio Road including portions of Lake Johio Road and Wood Chip Lane where they abut the property. This property is contiguous to existing City of Ocoee land to the south, north, and west. The petitioners plan no development or change in land use. Lake Johio Road is currently an unpaved County road, and Wood Chip is a "Paper" road. These should be included in the annexation to facilitate future planning activities in this area. Staff recommended that the annexation of this property and the Johio Lake Road and Wood Chip Road rights -of -way be approved. Chairman Swickerath opened the public hearing. The public hearing was closed. John Linebarier moved to recommend approval of Case No. 15A -88 to be annexed into the city. Harold Switzer seconded and the motion carried unanimously. ANNEXATION PETITION - BUCHAN - CASE NO. 16A -88 Assistant Planner Myers presented an overview of the proposed annexation explaining that the tract is approximately .31 of an acre located on west side of First Street south of Silver Star Road. This property is contiguous to existing City of Ocoee land Sire to the west and north. The petitioner plans no development or 10 Page 11 Planning & Zoning Commission Meeting July 12, 1988 Ntimw change in land use. Chairman Swickerath opened the public hearing. The public hearing was closed. Harold Switzer moved to recommend approval of Case No. 16A -88 to be annexed into the city. Pat Bello seconded and the motion carried unanimously. OTHER BUSINESS Myers conveyed City Manager Ted Ryan's request that the Planning & Zoning Commission select a volunteer from their board to meet with himself, Dennis Finch and Holly Myers to select and fill the positions of planning director and associate planner. John Linebarier and Harold Switzer recommended Jim Swickerath as the volunteer. Jim Swickerath accepted the position. Staff noted issues associated with the City's Comprehensive Plan update which the Planning & Zoning Commission should be aware of and will be asked to move on at a future date. Staff shall check on previous workshop minutes where low - ,,,, intensity industrial land use was discussed. Harold Switzer moved for adjournment, Gerald Weeks seconded. MEETING ADJOURNED 11:10 PM ' ' / /sada ,`.�. �,, . . ATTEST: %VMkegg 9L « ELLEN KING DEVELOPMENT REVIEW SECRETARY 11