Loading...
HomeMy WebLinkAboutPZ 08-09-1988 MINUTES OF THE PLANNING & ZONING COMMISSION WORKSHOP MEETING Nor, AUGUST 9, 1988 The meeting was called to order at 6:45 P.M. by Caairman Swickerath. PRESENT: Chairman Swickerath, Vice - Chairman Smith, Board Members: Linebarier, Bello, Switzer, and Weeks, Acting City ?lanner Myers, City Engineer Finch and Development Secretary King. ABSENT: Board Member: Bond and Alternate: Breeze STAFF REPORTS Joint Planning Area Agreement Acting City Planner, Holly Myers began by commenting on the Joint Planning Area Agreement, stating that the Town of Windermere asked to extend its Urban Reserve Area boundaries northward. The extension of the Joint Planning area would include the Belmere property (formerly Whitney Lake Planned Development). Myers continued to state that the City of Ocoee might want to extend its Joint Planning Area Agreement south to meet those boundaries and the same time take in the Plantation Grove PUD. City Staff wanted the Planning & Zoning Commissioners to make a recommendation on whether to proceed with the request. The boundary would be south of Gotha Road on the east side of Maguire Road and to the Belmere property on the west side of Maguire. Swickerath questioned whether Belmere property owners would have the opportunity to request annexation into the City. Myers stated that Belmere is requesting zoning. There is a question whether the City would require them to annex if they become contiguous to the City because we are giving them sewer services. Linebarier commented that it would only make since that if Windermere won't go further north with their Urban Reserve Area then why not extend Ocoee south to meet Windermere and east to the Turnpike and cover the whole area and be done with it. Swickerath asked if the City had any input or recourse with the Belmere property. Are we going to review subdivision standards? Are they going to implement when they develop that area? Myers stated that it is a good idea if you're giving services to an area to have them under your jurisdiction. Swickerath stated that it also is a good idea to be involved in the planning of those areas that are under your jurisdictions. Switzer commented that he felt that the City would have a rebuttal on its hands with this move. Switzer stated several concerns he had heard from the public, and referred to news 1 Page 2 ok,,,, Planning & Zoning Commission Workshop August 9, 1988 articles referencing a number of annexations and financial problems of the City. Swickerath stated that maybe Ocoee would have a revolt, and maybe they won't recommend the commission extend the planning boundary. Staff requested direction for the Commission: This request was considered a good idea by the Planning & Zoning Board and was for it 5 to 1. Switzer was against it. Land Use Plan Designation Myers distributed to the Board two pages of land use plan definitions and development prototypes. Myers stated that these were provided in response to requests by the commission at the July 12th meeting. Chairman Swickerath wanted to know where the definitions on density and intensity came from. Myers stated they came from general Planning Standards. The development prototypes were from the Orlando Growth Management Plan. Lake Lotta P.U.D. - Rezone Case No. 14R -88 Holly Myers, Acting City Planner handed out to the Board Members a new Staff Report of August 9, 1988 and requested during this workshop that the listed recommendations be discussed. Also, any item from the August 27, 1986 DRC report might be questioned. Myers stated that the developer had not had adequate time to respond to staff comments. Myers wanted to informally cover the issues and make any comments they felt necessary. Mr. Steve Fieldman was present along with Bob Londeree the planner on the Lake Lotta project. Mr. Fieldman stated that after reviewing the items that most were acceptable and that he was aware of those items. He asked for Myers to comment on a few of the comments. Mr. Fieldman commented that some items he would like to discuss and others he would like to put into a developers agreement. He was concerned with the idea that the zoning would be approved subject to these recommendations. Harold Switzer questioned Mr. Fieldman whether they were approved for a PUD in Orange County. Fieldman stated yes they were, except that the PUD in the County was all residential. The PUD the developer is requesting is residential on the north and commercial on the south. Switzer asked how many dwelling units had been approved in the County; didn't the S.R. 50 corridor study by the county limit you to a certain number? Fieldman stated that the PUD was in affect before the corridor study. Switzer felt the study limited the dwelling units to 1,069. Fieldman answered, "I don't know, but the Route 50 corridor study was done significantly after this was done ". Switzer stated, `, "And didn't they also say where Clark Road intersected Route 50 where you propose 14.8 acres of commercial that it should be limited to 10 acres ?" Switzer stated that he believed that he 2 Page 3 Planning & Zoning Commission Workshop August 9, 1988 had read that. Fieldman said, "I don't know, it was never suppose to mirror the Route 50 study because the planning in the county came before that." John Linebarier questioned the various items, he wanted to know which ones they agreed to. Fieldman commented that he would like to go through all of them. Item 1. Clark Road alignment shall match the alignment approved for Clark Road by the city. Comments: No problem. Item 2. Dedication of right -of -way of Clark Road per Warranty Deed at sole cost of owner with Title Opinion. Comments: No problem. Item 3. A subcollector road with 60' right -of -way shall run in a northwesterly direction from a point approximately 600 feet north of S.R. 50 at the eastern most property boundary to a point approximately 1700 feet south of White Road on the western most lolow property boundary. Intersection improvements where this road meets Clark Road will be at developer's expense. A 60' right -of- way subcollector road shall run north from S.R. 50 at the eastern most edge of the commercial parcel to the other subcollector road. Comments: Fieldman commented that it is still in the City's plan. Fieldman spoke with P.E.C. to ask about who was doing the traffic engineering and there were questions that they had concerning whether or not the city wanted the east /west road to go all the way into Good Homes and Highway 50 in which case there would be questions about whether or not the city wanted to create an alternate and a thorough -fare. After talking with P.E.C. the developer said at their expense they would retain Jim Lee and his traffic engineering firm to also participate to help study this question. Myers stated that as far as the city's transportation plan goes the subcollector east /west is a part of the master transportation plan and P.E.C.'s recommendation is that it stays in all the way out to Good Homes and S.R. 50. Chairman Swickerath stated that the board did not want curb cuts on S.R. 50 and then if there are they should be a certain number of feet. Swickerath personally would stand firm on not having S.R. 50 turn into another S.R. 436. Also, the developer may want to reconsider commercial. John Linebarier stated that the board would try to follow Highway 50 study as near as possible in l keeping strip commercial out as much as possible and keeping curb cuts down. Fieldman stated that he would not like to see this be 3 Page 4 *oar, Planning & Zoning Commission Workshop August 9, 1988 a condition of this zoning. Swickerath stated the 1500 foot minimum distance from Clark Road for a curb cut on S.R. 50 must be followed. Item 4. A 15 acre elementary school site shall be provided to the Orange County School Board. Comments: Mr. Londeree asked Myers where item number four (4) came from. Did Orange County contact you? Usually Orange County contacts the developer and asks if they think they need a site in the area. Myers commented that it was in the subdivision regulations. If 52% of the school age population exceeded 450 a 15 acre elementary school site must be provided. Regulations further state the developer provide the site or that Orange County can take reservation on a certain number of acres. Bob Londeree stated, "So what you want is a letter from the school board on whether or not they want a site in this area ?" Myers stated, if Orange County Board wants a site it could go into the Developer's Agreement. The developer agreed to reserve a site if it is required by Orange County School Board. Item 5. Minimum living areas shall be: SFLD 1400 S.F. LMD 1200 S.F. `ir MFMD 750 S. F. Comments: Sizes came from zoning regulations. Myers stated that the lot areas with a PUD the city allows smaller lots, but the city does not necessarily want smaller housing areas. The projected housing areas for this project seemed to have a minimum of living area requirements. Myers stated that the developer is asking for a R -1 zoning minimum floor area requirements and medium density and single - family density R -1 -A. Myers thought that what the developer was planning was too small. Londeree commented that this is one thing that needs to be discussed. Fieldman stated he would have to look at what the averages would be. Myers stated that the city staff is trying to control the quality on this development because it is in a very visible area of the City. Fieldman said that he was not in the position to agree to the living area tonight. Myers wanted to see how the commission felt. Board member Pat Bello stated that she agreed that smaller lots do not mean smaller homes. Jim Swickerath commented that smaller lots and you build bigger homes it doesn't take a real genius to understand thay you're getting a little less open space or at least alot more shade on the ground from a multi -story building which Swickerath didn't think was good or bad depending on how it was executed. Fieldman didn't know if this would be a big issue with the developer. Harold Switzer commented about the Development Review Committee Report dated N,, August 27, 1986 item number 15 mentioned square footage living space that in no case shall the average square footage of the living units be less than 1200 and no more than 25 percent total 4 Page 5 °%,,, Planning & Zoning Commission Workshop August 9, 1988 number of units shall provide less than 1200 square feet of living area. Also, except for high density residential units which shall maintain a 750 square foot minimum living area. Fieldman said that what Switzer read is consistent to the Staff Report. Fieldman said that it is not just the matter of the minimums you also have to look and see what the averages are going to be. They had not gotten this far with the plan before. Switzer said he would support the staff on the size. Item 6. Multiple family parcels shall be 50% pervious surfaces. (Pervious surfaces shall for this requirement include retention ponds.) Comments: No problem item 7. All parking requirements of Chapter 111, Section 9 of Appendix A of City of Ocoee Code shall be met. Comments: No problem Item 8. 50% of the total recreational acreage shall be located adjacent to the surrounding Lake Lotta. This 5.95 acres shall be dedicated to the city. 25% of the total recreation acreage shall be within the multi - family parcels and 25% shall be in a designated area accessable to residents of single family parcels. Comments: Fieldman asked Myers where item eight (8) came from. Myers stated, "Eight came from the fact that on the city's land use plan, the city has a designated park area that the city would like to have adjacent to Lake Lotta. We don't want building built up to the edge of Lake Lotta. Londeree stated that the entire park issue will be hard to agree to tonight and will need to sit down with a developer's agreement. There are some differences in opinion on how you have parks. They can be private parks, public parks, city parks, or recreational areas for multi - family areas. Myers stated that the subdivision ordinanes require parks to be dedicated to the city. Staff says if you want to keep some of it within your multi - family area as a private park area or if you want to keep some private park areas if it's going to be say a securtiy type neighborhood with gates and private roads we are not opposed to that, but we want the area around Lake Lotta. Fieldman stated that staff and developer will need to discuss this item later. John Linebarier stated to Mr. Fieldman that what Fieldman and others will come up against with the P &Z board is that the Board will require free lake access. Fieldman said they were not ready to settle number eight. Myers stated that the commission could make their recommendation later on during the regular hearing to City *o,, Commission and staff can re- address the issues during the development agreement. 5 Page 6 N,,, Planning & Zoning Commission Workshop August 9, 1988 Item 9. The floor area ratio in the commercial track shall not exceed .20. Comments: Steve Fieldman had a question with this and had to think it over. They thought it ought to be between .2 and .25. Item 10. Indicate the number of phases and which parcels will be in each phase. Comments: No problem Item 11. Building setbacks shall be: Clark Road 50' from R.O.W. White Road 50' from R.O.W. S.R. 50 50' from R.O.W. Subcollector streets 25' from R.O.W. (as defined in comment #3) Comments: They could not commit to tonight. Item 12. A traffic study shall be submitted with Development Plans. Comments: They wanted to know what stage. Myers stated when you come back with the layout of property and entrace and exits. Staff wants to study intersection improvements and if you want to include the subcollector road it would have to before the development agreement. Fieldman wanted to defined how much they are paying for in the studies. Myers stated, that any traffic studies is going to at least address intersection improvements. Item 13. Any building exceeding one story shall be set back 100' from the Rose Hill subdivision. Comments: Need to discuss. Myers stated that the item use to be in some development agreement that was never completed which staff has copies of. Londeree stated that other things have happened since then, like the masonry wall. Fieldman mentioned the set back and this would need to be discussed. Item 14. All multi - family buildings shall be set back 25' from top of bank from any retention area. Comments: No problem Item 15. Access to the commercial tract shall be from the subcollector road on S.R. 50 and one other point at least 500' ti`,,,, from the Clark Road right -of -way one access point shall be allowed to this tract from Clark Road an its northern most point. 6 Page 7 Planning & Zoning Commission Workshop August 9, 1988 Comments: They will need to look at this. Myers stated that this requirement might not be stringent enough to please the P &Z commissioners. 4 CHA W CK RATH ATTEST: ELLEN KING, SECRET 'wrr 7 MINUTES OF THE PLANNING & ZONING COMMISSION MEETING HELD ON AUGUST 9, 1988 The meeting was called to order at 7:38 P.M. by Chairman Swickerath. PRESENT: Chairman Swickerath, Vice - Chairman Smith, Board Members: Linebarier, Bello, Switzer, and Weeks, Acting City Planner Myers, City Engineer Finch and Development Secretary King. ABSENT: Board Member: Bond and Alternate: Breeze Chairman Swickerath commented to the board, staff and audiance that Mr. Gerald Weeks was now a full pledged Planning & Zoning Commissioner. )APPROVAL OF MINUTES There were two corrections to the Minutes of the Planning and Zoning Commission Meeting held July 12, 1988. Page 5 - Case No. 08C -88 - Remove the name Smith on the second to the last line. Page 6 - Case No. 10C -88 - Change the word petition to motion which was located in the second sentence of the second to the last paragraph. Burton Smith moved to approve the minutes of July 12, 1988 with the stated corrections. Pat Bello seconded and the motion carried unanimously. NEW BUSINESS Chairman Swickerath explained to the audience that the rezoning petitions would be addressed separately by opening and closing each case individually. The next meeting regarding these rezone petitions would be on August 23, 1988 in a Public Hearing before the City Commissioners. REZONING PETITION OF MOREMEN, SHEPPARD, MURRAY, AND DAVIS - CASE NO. 04R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -3 Multiple Family Dwelling District (26.58 acres) and C -2 Community Commercial District (1 acre) for a parcel located north of Lake Blanchard and east of Chicago Avenue. The public hearing was opened and closed after no response from the audiance. John Linebarier moved to recommend approval of R -3 Multiple Family Residential and C -2 Community Commercial District. Harold Switzer seconded and the motion carried unanimously. 1 Page 2 Planning & Zoning Commission Meeting August 9, 1988 REZONING PETITION OF ANEMAR - CASE NO. 05R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -1 -A Single Family Dwelling District for a 7.98 acre parcel located south of Silver Star Road and north of Lake Florence. The public hearing was opened, and Steve Dill, Agent for the petitioner was available to answer any questions. There were no further remarks and the public hearing was closed. Burton Smith moved to recommend approval of R -1 -A Single Family Dwelling District to the City Commissioners. Pat Bello seconded and the motion carried unanimously. REZONING PETITION OF YUSAF MOHAMAD - CASE NO. 06R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested C -1 Neighborhood Shopping District for an 8.44 acre parcel located north of Silver Star Road and west of Lake Stanley. Myers stated that the staff recommendation was that the request for C -1 zoning be denied by the Board and retain its present residential zoning. The public hearing was opened and the board heard several concerned residents air their views fir• against a Neighborhood Shopping Center. The public hearing was closed. John Linebarier moved to recommend denial of the C -1 Neighborhood Shopping District and recommended the residential zone remain. REZONING PETITION OF WAYNE ATWOOD - CASE NO. 07R -88 Holly Myers, Acting City Planner located the parcel of the map. The petitioner requested R -1 -A Single Family Zoning District for a 53 acre parcel located north of Lake Johio and between Johio Shores Road and Clark Road. Mr. Wayne Atwood was present to answer any questions. Patricia Barnette, an adjacent propety owner spoke against the R -1 -A zoning, because the effect on the small lake that the number of homes that are planned for the area will have. The public hearing was closed. John Linebarier commented that the P &Z Board were concerned about lake preservation in the area. Chairman Swickerath stated that he personally would like to see Lake Johio have public access and would support the plan. Barnette asked that the Commission take lake preservation one step farther and look at people pollution to the lake and their use of motorboats and so forth on the lake. Chairman Swickerath advised Barnette to keep following up on this concern. Burton Smith moved to recommend approval of R -1 -A Single Family Zoning District. Gerald Weeks seconded and the motion carried unanimously. 2 Page 3 Planning & Zoning Commission Meeting August 9, 1988 LAKE BLANCHARD PARTNERSHIP - CASE NO. 08R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested C -2 Community Commercial Zoning District for a 15.88 acre parcel located north of Lake Blanchard and east of Richmond Avenue. The public hearing was opened and after no response the public hearing was closed. John Linebarier moved to recommend approval of C -2 Community Commercial Zoning District subject to development of the Maine Street extention. Pat Bello seconded and the motion carried unanimously. REZONING PETITION OF E.H. CROW, JR. AND ANN B. CROW - CASE NO. 09R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -1 -A Single Family Residential Zoning District for a 10 acre parcel located south of Marshall Farms Road and east of Windermere Road. The public hearing was opened and the owner Ann B. Crow was present. She requested that the R- 1-A zone be approved. The public hearing was closed. err Pat Bello moved to recommend approval of R -1 -A Single Family Residential Zoning District. Gerald Weeks seconded and the motion carried unanimously. REZONING PETITION OF C. ROGER FREEMAN - CASE NO. 10R -88 Holly Myers, Acting City Planner gave a brief background and located the parcel on the map. The petitioner request I -2 General Industrial Zoning District for an 11 acre parcel located on the west side of Ocoee - Apopka Road, approximately 1700 feet* north of Silver Star Road. ( *Note: Distance measurement corrected from April 6, 1988 Staff Report notation.) Mr. Freeman was present and requested that the I -2 zone be approved. There was some discussion between the board and Mr. Freeman on the definition of low, medium, and high intensity land use. Chairman Swickerath asked Ms. Myers why city staff recommended I -1. Ms. Myers stated that the staff wanted to scale back from I -2. Also, this would cover what Mr. Freeman wanted. The public hearing was opened, there were comments from W. R. Roof, an adjacent property owner referring to spot zoning and a suggestion to the board members to stick with the land use map. The public hearing was closed. Harold Switzer moved to recommend approval of I -1 Restricted Manufacturing and Warehousing District, which would be consistent %o with the land use map. Pat Bello seconded and the motion carried unanimously. 3 Page 4 Planning & Zoning Commission Meeting August 9, 1988 REZONING PETITION OF C. ROGER FREEMAN - CASE NO. 11R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested I -2 General Industrial Zoning District for a 5 acre parcel located east of Ocoee - Apopka Road approximately 900 -feet north of Silver Star Road. Mr. Freeman went before the Board Members requesting I -1 since Case NO. 10R- 88 was approved for I -1 and not for I -2 which he requested on both cases. The public hearing was opened. There was one comment regarding spot zoning. The public hearing was closed. John Linebarier stated that he had received a letter from Mr. Freeman which stated that he could be assured that a buffer through a developer's agreement would be provided between this property and the trailer park. Harold Switzer commented that he had a change of thought since the last meeting for land use on this particular parcel. Switzer had a real concern regarding the trailer park which would back this property. Mr. Freeman stated that he had no intention of abusing the trailer park and stated that he owned property in the park. Stir John Linebarier moved to recommend approval of I -1 Restricted Manufacturing and Warehousing District. Gerald Weeks seconded and the motion was approved 4 to 2. Opposed: Smith and Switzer. REZONING PETITION OF PEARL TERRY - CASE NO. 12R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -1 -AA Single Family Dwelling District for a 20 acre parcel located south of Geneva Street and east of B.C. Terry Road. Louis Roeder, Developer was present to answer any questions. The public hearing was opened and closed after no response from the audiance. Harold Switzer moved to recommend approval of R -1 -AA Single Family Dwelling Zoning District. John Linebarier seconded and the motion carried unanimously. RECESS: 8:47 PM CALL TO ORDER: 9:00 PM 4 Page 5 Planning & Zoning Commission Meeting August 9, 1988 REZONING PETITION OF PHOENIX DEVELOPMENT GROUP - CASE NO. 13R -88 Holly Myers, Acting City Planner gave a brief background and located the parcel on the map. The petitioner request Planned Unit Development Land Use approval and Planned Unit Development Zoning for Plantation Grove, a 196 acre parcel located north of Moore Road and either side of Maguire Road. The developer Louis Roeder and James Ferdinand were present. Staffs recommendation was that Plantation Grove project be zoned as Planned Unit Development and the Lane Use Plan be approved subject to the following conditions: Item 1. Multi- family land use densities be no greater than 15 units per acre. Comments: The developer agreed to this condition. Item 2. 50% of the gross land area in each multiple family parcel shall be pervious surfaces. Comments: Louis Roeder questioned the percentage of pervious. 't1r. He would like to review an example site and compare. Item 3. All single family parcels maximum density be no greater than 4 dwelling units /acre. Comments: Staff and board had no problem with 6 dwelling units per acre. Item 4. The setback from all retention ponds will be 35' from top of bank. Comments: Staff and board members agreed to 35' single family 25' multi - family Item 5. All multi - family parcels shall have 2.50 allotted parking spaces per unit. Comments: Jim Swickerath and Harold Switzer stated they could go along with 2.50. Gerald Weeks and John Linebarier had no problem with 2.25. Staff should address ordinance. Item 6. A traffic study shall be submitted prior to Development Plan approval. Nitw" Comments: No problem 5 Page 6 '060, August & Zoning Commission Meeting August 9, 1988 Item 7. Commercial buildings shall be set back 50' from all residential parcels and 50' from Maguire and Moore Roads rights- of-way. Comments: A total of 50 feet is acceptable. Item 8. The commercial tract shall provide a 20' landscape buffer adjacent to all residential areas. Comments: Developer stated that they already had 25' and 50' setback. We have 75' total buffer of which 25' is landscape buffer within the residential portion. Staff and Board Members agreed to their 25' landscape buffer. Item 9. Homeowner's Associations shall be created for each parcel. Homeowner's Associations shall be responsible for all open space, retention area and private park maintenance. Comments: No problem Item 10. Dedication of 100' of right -of -way along Maguire Road where Maguire Road bisects property and dedication of 50' of Sir right -of -way where property abuts Maguire to the east. Dedication shall be by Warranty Deed at sole cost of owner and shall be transferred to the City of Ocoee within 30 days of excution of a Developer's Agreement or November 22, 1988 which ever date is first. Comments: Developer questioned clarity of language. Item 11. Dedication of .96 acres of property to be used as a fire station to the City by Warranty Deed at sole cost of owner within 30 days of execution of a Developer's Agreement to be executed on or before November 22, 1988. Comments: Developer would like to count this toward recreation requirements. Item 12. Both passive and active recreation areas shall be provided as defined in the City of Ocoee Planned Unit Development Ordinance in ratios as stated in said ordinance. (Under above proposed densities 13.46 acres of recreation area must be provided) Item 13. As the developer proposes to retain private ownership of the park tract provisions in section 6.6.2. of the Ocoee Subdivision Ordinance for recreational facilities assessment must be met. 9.8 acres of land shall be dedicated to the city for park and recreation purposes. 6 MINUTES OF THE PLANNING & ZONING COMMISSION MEETING HELD ON AUGUST 9, 1988 The meeting was called to order at 7:38 P.M. by Chairman Swickerath. PRESENT: Chairman Swickerath, Vice - Chairman Smith, Board Members: Linebarier, Bello, Switzer, and Weeks, Acting City Planner Myers, City Engineer Finch and Development Secretary King. ABSENT: Board Member: Bond and Alternate: Breeze Chairman Swickerath commented to the board, staff and audiance that Mr. Gerald Weeks was now a full pledged Planning & Zoning Commissioner. )APPROVAL OF MINUTES There were two corrections to the Minutes of the Planning and Zoning Commission Meeting held July 12, 1988. Page 5 - Case No. 08C -88 - Remove the name Smith on the second to the last line. Page 6 - Case No. 10C -88 - Change the word petition to motion which was located in the second sentence of the second to the last paragraph. Burton Smith moved to approve the minutes of July 12, 1988 with the stated corrections. Pat Bello seconded and the motion carried unanimously. NEW BUSINESS Chairman Swickerath explained to the audience that the rezoning petitions would be addressed separately by opening and closing each case individually. The next meeting regarding these rezone petitions would be on August 23, 1988 in a Public Hearing before the City Commissioners. REZONING PETITION OF MOREMEN, SHEPPARD, MURRAY, AND DAVIS - CASE NO. 04R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -3 Multiple Family Dwelling District (26.58 acres) and C -2 Community Commercial District (1 acre) for a parcel located north of Lake Blanchard and east of Chicago Avenue. The public hearing was opened and closed after no response from the audiance. John Linebarier moved to recommend approval of R -3 Multiple Family Residential and C -2 Community Commercial District. Harold Switzer seconded and the motion carried unanimously. 1 Page 2 Planning & Zoning Commission Meeting August 9, 1988 REZONING PETITION OF ANEMAR - CASE NO. 05R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -1 -A Single Family Dwelling District for a 7.98 acre parcel located south of Silver Star Road and north of Lake Florence. The public hearing was opened, and Steve Dill, Agent for the petitioner was available to answer any questions. There were no further remarks and the public hearing was closed. Burton Smith moved to recommend approval of R -1 -A Single Family Dwelling District to the City Commissioners. Pat Bello seconded and the motion carried unanimously. REZONING PETITION OF YUSAF MOHAMAD - CASE NO. 06R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested C -1 Neighborhood Shopping District for an 8.44 acre parcel located north of Silver Star Road and west of Lake Stanley. Myers stated that the staff recommendation was that the request for C -1 zoning be denied by the Board and retain its present residential zoning. The public hearing was opened and the board heard several concerned residents air their views fir• against a Neighborhood Shopping Center. The public hearing was closed. John Linebarier moved to recommend denial of the C -1 Neighborhood Shopping District and recommended the residential zone remain. REZONING PETITION OF WAYNE ATWOOD - CASE NO. 07R -88 Holly Myers, Acting City Planner located the parcel of the map. The petitioner requested R -1 -A Single Family Zoning District for a 53 acre parcel located north of Lake Johio and between Johio Shores Road and Clark Road. Mr. Wayne Atwood was present to answer any questions. Patricia Barnette, an adjacent propety owner spoke against the R -1 -A zoning, because the effect on the small lake that the number of homes that are planned for the area will have. The public hearing was closed. John Linebarier commented that the P &Z Board were concerned about lake preservation in the area. Chairman Swickerath stated that he personally would like to see Lake Johio have public access and would support the plan. Barnette asked that the Commission take lake preservation one step farther and look at people pollution to the lake and their use of motorboats and so forth on the lake. Chairman Swickerath advised Barnette to keep following up on this concern. Burton Smith moved to recommend approval of R -1 -A Single Family Zoning District. Gerald Weeks seconded and the motion carried unanimously. 2 Page 3 Planning & Zoning Commission Meeting August 9, 1988 LAKE BLANCHARD PARTNERSHIP - CASE NO. 08R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested C -2 Community Commercial Zoning District for a 15.88 acre parcel located north of Lake Blanchard and east of Richmond Avenue. The public hearing was opened and after no response the public hearing was closed. John Linebarier moved to recommend approval of C -2 Community Commercial Zoning District subject to development of the Maine Street extention. Pat Bello seconded and the motion carried unanimously. REZONING PETITION OF E.H. CROW, JR. AND ANN B. CROW - CASE NO. 09R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -1 -A Single Family Residential Zoning District for a 10 acre parcel located south of Marshall Farms Road and east of Windermere Road. The public hearing was opened and the owner Ann B. Crow was present. She requested that the R- 1-A zone be approved. The public hearing was closed. err Pat Bello moved to recommend approval of R -1 -A Single Family Residential Zoning District. Gerald Weeks seconded and the motion carried unanimously. REZONING PETITION OF C. ROGER FREEMAN - CASE NO. 10R -88 Holly Myers, Acting City Planner gave a brief background and located the parcel on the map. The petitioner request I -2 General Industrial Zoning District for an 11 acre parcel located on the west side of Ocoee - Apopka Road, approximately 1700 feet* north of Silver Star Road. ( *Note: Distance measurement corrected from April 6, 1988 Staff Report notation.) Mr. Freeman was present and requested that the I -2 zone be approved. There was some discussion between the board and Mr. Freeman on the definition of low, medium, and high intensity land use. Chairman Swickerath asked Ms. Myers why city staff recommended I -1. Ms. Myers stated that the staff wanted to scale back from I -2. Also, this would cover what Mr. Freeman wanted. The public hearing was opened, there were comments from W. R. Roof, an adjacent property owner referring to spot zoning and a suggestion to the board members to stick with the land use map. The public hearing was closed. Harold Switzer moved to recommend approval of I -1 Restricted Manufacturing and Warehousing District, which would be consistent %o with the land use map. Pat Bello seconded and the motion carried unanimously. 3 Page 4 Planning & Zoning Commission Meeting August 9, 1988 REZONING PETITION OF C. ROGER FREEMAN - CASE NO. 11R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested I -2 General Industrial Zoning District for a 5 acre parcel located east of Ocoee - Apopka Road approximately 900 -feet north of Silver Star Road. Mr. Freeman went before the Board Members requesting I -1 since Case NO. 10R- 88 was approved for I -1 and not for I -2 which he requested on both cases. The public hearing was opened. There was one comment regarding spot zoning. The public hearing was closed. John Linebarier stated that he had received a letter from Mr. Freeman which stated that he could be assured that a buffer through a developer's agreement would be provided between this property and the trailer park. Harold Switzer commented that he had a change of thought since the last meeting for land use on this particular parcel. Switzer had a real concern regarding the trailer park which would back this property. Mr. Freeman stated that he had no intention of abusing the trailer park and stated that he owned property in the park. Stir John Linebarier moved to recommend approval of I -1 Restricted Manufacturing and Warehousing District. Gerald Weeks seconded and the motion was approved 4 to 2. Opposed: Smith and Switzer. REZONING PETITION OF PEARL TERRY - CASE NO. 12R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -1 -AA Single Family Dwelling District for a 20 acre parcel located south of Geneva Street and east of B.C. Terry Road. Louis Roeder, Developer was present to answer any questions. The public hearing was opened and closed after no response from the audiance. Harold Switzer moved to recommend approval of R -1 -AA Single Family Dwelling Zoning District. John Linebarier seconded and the motion carried unanimously. RECESS: 8:47 PM CALL TO ORDER: 9:00 PM 4 Page 5 Planning & Zoning Commission Meeting August 9, 1988 REZONING PETITION OF PHOENIX DEVELOPMENT GROUP - CASE NO. 13R -88 Holly Myers, Acting City Planner gave a brief background and located the parcel on the map. The petitioner request Planned Unit Development Land Use approval and Planned Unit Development Zoning for Plantation Grove, a 196 acre parcel located north of Moore Road and either side of Maguire Road. The developer Louis Roeder and James Ferdinand were present. Staffs recommendation was that Plantation Grove project be zoned as Planned Unit Development and the Lane Use Plan be approved subject to the following conditions: Item 1. Multi- family land use densities be no greater than 15 units per acre. Comments: The developer agreed to this condition. Item 2. 50% of the gross land area in each multiple family parcel shall be pervious surfaces. Comments: Louis Roeder questioned the percentage of pervious. 't1r. He would like to review an example site and compare. Item 3. All single family parcels maximum density be no greater than 4 dwelling units /acre. Comments: Staff and board had no problem with 6 dwelling units per acre. Item 4. The setback from all retention ponds will be 35' from top of bank. Comments: Staff and board members agreed to 35' single family 25' multi - family Item 5. All multi - family parcels shall have 2.50 allotted parking spaces per unit. Comments: Jim Swickerath and Harold Switzer stated they could go along with 2.50. Gerald Weeks and John Linebarier had no problem with 2.25. Staff should address ordinance. Item 6. A traffic study shall be submitted prior to Development Plan approval. Nitw" Comments: No problem 5 Page 6 '060, August & Zoning Commission Meeting August 9, 1988 Item 7. Commercial buildings shall be set back 50' from all residential parcels and 50' from Maguire and Moore Roads rights- of-way. Comments: A total of 50 feet is acceptable. Item 8. The commercial tract shall provide a 20' landscape buffer adjacent to all residential areas. Comments: Developer stated that they already had 25' and 50' setback. We have 75' total buffer of which 25' is landscape buffer within the residential portion. Staff and Board Members agreed to their 25' landscape buffer. Item 9. Homeowner's Associations shall be created for each parcel. Homeowner's Associations shall be responsible for all open space, retention area and private park maintenance. Comments: No problem Item 10. Dedication of 100' of right -of -way along Maguire Road where Maguire Road bisects property and dedication of 50' of Sir right -of -way where property abuts Maguire to the east. Dedication shall be by Warranty Deed at sole cost of owner and shall be transferred to the City of Ocoee within 30 days of excution of a Developer's Agreement or November 22, 1988 which ever date is first. Comments: Developer questioned clarity of language. Item 11. Dedication of .96 acres of property to be used as a fire station to the City by Warranty Deed at sole cost of owner within 30 days of execution of a Developer's Agreement to be executed on or before November 22, 1988. Comments: Developer would like to count this toward recreation requirements. Item 12. Both passive and active recreation areas shall be provided as defined in the City of Ocoee Planned Unit Development Ordinance in ratios as stated in said ordinance. (Under above proposed densities 13.46 acres of recreation area must be provided) Item 13. As the developer proposes to retain private ownership of the park tract provisions in section 6.6.2. of the Ocoee Subdivision Ordinance for recreational facilities assessment must be met. 9.8 acres of land shall be dedicated to the city for park and recreation purposes. 6 Page 7 Planning & Zoning Commission Meeting August 9, 1988 Comments: Items 11, 12, and 13 all relate together. General explaination. The city and its requirements for park dedication is 5% and in Plantation Grove's case 9.8 acres. What they proposed is to have a 5.5 acre park that they would build a baseball dimond, restrooms, parking lot and trail that connect on the PUD. They would also dedicate the fire station site. John Linebarier questioned the acreage of the proposed park. Roeder answer that the park itself is 5.5 acres and they would add a baseball field, restrooms, and parking lot. Swickerath wanted to know the acreage of the fire station. Roeder stated that it was just under 1 acre. Jim Swickerath felt that words needed to be stated for the record, that persuant to this item this trade off is acceptable to the board provided that the trails and additional recreation be provided in the multi - family areas. Approximately four (4) acres. Item 14. The developer is asking for private street systems and a security residential area. Streets shall be maintained by Homeowner's Association and access shall be granted to city emergency and maintenance personnel through developer's agreement Si,„ to be executed on or before November 22, 1988. Comments: Acceptable Item 15. Commercial tract floor area ratio shall not exceed .20. Comments: Acceptable The public hearing was opened and closed after no response from the audience. Burton Smith recommended approval of Plantation Grove project being zoned as Planned Unit Development and the Land Use Plan be approved based on the items discussed tonight. City staff agreed to visit site on item #2. Gerald Weeks seconded and the motion carried unanimously. REZONING PETITION OF LAKE LOTTA, LTD. - CASE NO. 14R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested Planned Unit Development and Land Use Plan approval for a 328 acre parcel located west of Lake Lotta and extending from S.R. 50 to White Road. Mr. Steve Fieldman was present and requested of the board a recess so that the Rose Hill people could have time to look over the plans that the board was viewing. The board agreed to a 5 minute recess. 7 Page 7 Planning & Zoning Commission Meeting August 9, 1988 Comments: Items 11, 12, and 13 all relate together. General explaination. The city and its requirements for park dedication is 5% and in Plantation Grove's case 9.8 acres. What they proposed is to have a 5.5 acre park that they would build a baseball dimond, restrooms, parking lot and trail that connect on the PUD. They would also dedicate the fire station site. John Linebarier questioned the acreage of the proposed park. Roeder answer that the park itself is 5.5 acres and they would add a baseball field, restrooms, and parking lot. Swickerath wanted to know the acreage of the fire station. Roeder stated that it was just under 1 acre. Jim Swickerath felt that words needed to be stated for the record, that persuant to this item this trade off is acceptable to the board provided that the trails and additional recreation be provided in the multi - family areas. Approximately four (4) acres. Item 14. The developer is asking for private street systems and a security residential area. Streets shall be maintained by Homeowner's Association and access shall be granted to city emergency and maintenance personnel through developer's agreement Si,„ to be executed on or before November 22, 1988. Comments: Acceptable Item 15. Commercial tract floor area ratio shall not exceed .20. Comments: Acceptable The public hearing was opened and closed after no response from the audience. Burton Smith recommended approval of Plantation Grove project being zoned as Planned Unit Development and the Land Use Plan be approved based on the items discussed tonight. City staff agreed to visit site on item #2. Gerald Weeks seconded and the motion carried unanimously. REZONING PETITION OF LAKE LOTTA, LTD. - CASE NO. 14R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested Planned Unit Development and Land Use Plan approval for a 328 acre parcel located west of Lake Lotta and extending from S.R. 50 to White Road. Mr. Steve Fieldman was present and requested of the board a recess so that the Rose Hill people could have time to look over the plans that the board was viewing. The board agreed to a 5 minute recess. 7 Page 8 Now Planning & Zoning Commission Meeting August 9, 1988 RECESS: 10:00 PM CALL TO ORDER: 10:08 PM Mr. Fieldman suggested that each item be discussed separately. He stated there are two parts to the problem. Attached to the staff report were 15 items of recommendation from city staff. Mr. Fieldman commented that he had no problem with items 1,2,4,6,7,10, & 14. On the other items they could not deal with at that time. Mr. Fieldman suggested to the Board Members and City Staff that he would like to see the project be approved PUD and subject to the items listed which were agreed to and the other items would be worked out with the staff and the items not agreed to could go in a developer's agreement. Chairman Swickerath stated that the decision regarding the staff report would be made during this meeting tonight and with the City Commission. The items they had a problem with were 3,5,8,9,11,12,13, & 15. Mr. Fieldman, Board Members and City Staff discussed each item. The public hearing was opened and with the group from Rose Hill at full force there were many comments regarding the apartments planned to back the Rose Hill subdivision. There were comments rr from residents referring to a verbal agreement from the developer /owner, Paul Curtis who had said that a 6' brick wall, and a 100' set -back with greenery would be provided adjacent to the Rose Hill Subdivision. John Linebarier suggested that the Homeowners Association contact the developer Paul Curtis regarding verbal agreement. Mr. Curtis should contact Barry Goodman. John Linebarier told the Rose Hill residents that the verbal agreement they brought up was all here say as the board is concerned and that it would have no effect on the boards decision. After more discussions between Rose Hill residents and Board Members the public hearing was closed at 11:23 PM. Chairman Swickerath questioned Mr. Fieldman on the open items. Mr. Fieldman stated that he would set up a meeting with the Homeowners Association of Rose Hill to explain what the developer is planning. Swickerath stated that such a meeting was permissible but all decisions would be made by the Planning & Zoning Board and the City Commission. On item #13 a board member recommended to flip -flop the land uses. Myers suggested to take it one step further and rotate the land uses. The outcome would be that off White Road the 40.9 acres would be Low Medium Density; south of the 40.9 acres would be Multi- Family Medium Density on 36.3 acres; and east of the 36.3 acres would be 32.4 acres which would change to Single - Family Low Density. Nor 8 Page 9 Planning & Zoning Commission Meeting August 9, 1988 The motion was to recommend approval of Planned Unit Development subject to staff comments and #13 to rotate Single- Family Low Density, Low Medium Density, and Multi - Family Medium Density. John Linebarier wanted to see it again, Gerald Weeks seconded and the motion carried unanimously. REZONING PETITION OF JEFFREY YEAGER - CASE NO. 15R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested a C -2 Community Commercial Zoning District for a 24.5 acre parcel located north of State Road 50 and east of Lake Lotta. The staff recommendation was to recommend C -2 Community Commercial District for the south 16.5 acres and a Professional Services District be approved for the north 8.5 acres of the 24.5 acre parcel. Mr. Steve Fieldman was present and requested the C -2 zone and summarized for the board the present area and how they stood. Harold Switzer discussed the land use of the petitioned area and stated that north of the property had professional offices and south had commercial. This is consistent with the land use map. The public hearing was opened and closed after no response from the audiance. ,,, Harold Switzer moved to recommend approval subject to staff report which recommends C -2 Community Commercial District be approved for the south 16.5 acres of this property and a Professional Services District be approved for the north 8.5 acres of this parel. Pat Bello seconded and the motion carried unanimously. REZONING PETITION OF MICHAEL AND BARRY GOODMAN (DAVIS, OGILVIE & PITCHFORD) - CASE NO. 16R -88 Holly Myers, Acting City Planner gave a brief background and located the parcel on the map. The peitioner requested C -2 Community Commercial Zoning District for a 9 acre parcel located south of State Route 50 and east of Lake Lotta. The staff recommended a C -1 Neighborhood Shopping District be approved. Mr. Steve Fieldman was present and commented on the brown area shown on the land use map. There was a discussion on the difference between C -2 and C -1 zones. John Linebarier suggested to Mr. Fieldman that the developers change their plans from a Commercial site to a Professional Office site. Linebarier stated that C -2 would mean another curb cut on S.R. 50. The public hearing was opened and closed after no response from the audience. Gerald Weeks moved to recommend approval of C -1 Community Commercial Zoning District. Burton Smith seconded and the motion carried 4 to 2. Opposed: Linebarier and Switzer. 9 Page 10 Planning & Zoning Commission Meeting August 9, 1988 REZONING PETITION OF THE REFORMED PRESBYTERIAN CHURCH - CASE NO. 17R -88 Holly Myers, Acting City Planner located the parcel on the map. The petitioner requested R -1 -A Single Family Residential Dwelling Zoning District for a 4.8 acre parcel north of White Road and approximately 1/8 mile east of Clark Road. The public hearing was opened and closed after no response from the audiance. Harold Switzer moved to recommend approval of R -1 -A Single Family Residential Dwelling Zoning District. Pat Bello seconded and the motion carried unanimously. PRELIMINARY SUBDIVISION APPROVAL THE HAMMOCKS SUBDIVISION Dennis Finch, Assistant City Manager pointed out that the three attachments to the Staff Report of August 5, 1988 reflect: 1.) The Development Review Committee Report dated August 5, 1988 (Attachment A), 2.) The specific comments of the City's engineering consultant dated May 11, 1988 (Attachment B), and 3.) %,,,. The developer's response to the consultant's report dated June 23, 1988 (Attachment C). City staff recommended that the Homeowner's Association take care of the depressed area (sink hole). Louis Roeder and James Ferdinand were present to discuss the 25 items listed on the August 5, 1988 DRC report. After the developer went through the list of items. Number eight (8) was the only item they could not agree to. Number eight (8) read: "B.C. Terry Road will need additional right -of -way to be donated by the developer and paved by developer at his expense (Section 6.3.7) along the entire west boundary. Please note that this comment adds to PEC's Comment Number 30." There was some discussion between city staff, board members and developer of land locked county parcels. Dennis Finch requested the board members to approve the preliminary subdivision plans for The Hammocks Subdivision as the staff report recommended. Burton Smith moved to recommend approval of the August 5, 1988 Staff Report for the Hammocks Subdivision subject to the comments contained in Attachments A and B. Gerald Weeks seconded and the motion carried unanimously. OLD BUSINESS 10 Page 11 'r.. Planning & Zoning Commission Meeting August 9, 1988 OTHER BUSINESS John Linebarier wanted to know from the staff what was the status of Aulton Julian's request to cut his property in half. Myers informed the P &Z Board Members that City Commission felt that they could not act on the request for PUD zoning as the property did not meet PUD ordinance requirements. They had further directed Mr. Julian to contact the City Attorney and at his own expense possibly provide input toward another ordinance that would fit his land use and fee simple requirements. The city would entertain looking at this proposed ordinance. John Linebarier had heard a rumor that the Sawmill Subdivision had become zero lot line lots. City Staff had no knowledge of this information. Harold Switzer asked staff what was going on with the developer east of Sleepy Harbour on White Road. Dennis Finch, City Engineer commented that he had met with the developer last week and that he has a storm drainage problem at the intersection of White Road and Montgomery. He has tried to resolve this for 6 to 9 months. Staff is trying to get that worked out with him. Supposedly he was to give Finch a date when paving would commence last Wednesday, but Finch had not agreed to this because staff took the position that they didn't want to pave it as it was. Staff felt the base needed to be purified and brought back up, bacause the base had really taken a beating. Unfortunately the city doesn't have a developer's agreement with them. Switzer stated that he understood that the developer raised the road about 3 feet above an adjoining property owners home. Finch recalled an area at the north end at Oak Street. Pat Bello suggested scheduling more workshop sessions. The board agreed and felt that scheduled work sessions would be a good idea. Myers mentioned that the city seems to have had a policy of doing a development agreement on every thing in the past. She stated that Dennis Finch and she felt that perhaps that all the development agreements and all the amendments to all the development agreements take alot of time and that they don't have the time to process them all. Swickerath stated that they are used to follow -up and to have words in writing instead of verbal agreements. Myers wanted to schedule another workshop prior to the next meeting Lake Lotta would appear. A memo will go out informing board members of a workshop. Nor 11 Page 12 Planning & Zoning Commission Meeting August 9, 1988 John Linebarier moved for adjournment, Burton Smith seconded. MEETING ADJOURNED 12:46 PM ,,P 41. ./,4 C "IR •N WICKERATH ATTEST: ELLEN KING DEVELOPMENT REVIE SECRETARY �Irr '►r 12