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HomeMy WebLinkAboutPZ 10-11-1988 MINUTES OF THE PLANNING & ZONING COMMISSION MEETING HELD ON kaior OCTOBER 11, 1988 The meeting was called to order at 7:33 P.M. by Chairman Swickerath. PRESENT: Chairman Swickerath, Vice - Chairman Smith, Board Members: Bello, Switzer, Bond, and Weeks, City Engineer /Assistant City Manager Finch, City Planner Behrens, and Secretary King. ABSENT: Board Member: Linebarier and Alternate: Breeze INTRODUCTION OF NEW PLANNERS Dennis Finch introduced the new City Planner Bruce Behrens to the Board Members. Mr. Behrens explained to the board that Associate Planner Julian Harper was unable to make the meeting and that the other Associate Planner, Lisa Claman should arrive a little late to the meeting. Behrens continued with a brief background on each Planner. APPROVAL OF MINUTES There were no corrections to the Minutes of the Planning and Zoning Commission Workshop Meeting held August 9, 1988. Smith moved to approve the workshop minutes as is, Swickerath seconded %ow and the motion carried unanimously. There were several corrections to the Minutes of the Regular Planning and Zoning Commission Meeting held August 9, 1988. Page 1 - Under "Approval of Minutes" - Change both the dates of August 9, 1988 to read July 12, 1988. Page 3 - Case No. 10R -88 - Check to see if the address description should read... "west of Ocoee - Apopka Road and 1320 feet north of Ocoee -Crown Point Road ". The location description was changed to read... "west side of Ocoee - Apopka Road, approximately 1700 feet north of Silver Star Road ". Page 3 and 4 - Case No. 11R -88 - Check to see if the address description should read... "east of Ocoee - Apopka Road and 900 feet north of Ocoee -Crown Point Road ". The location description was changed to read... "east of Ocoee - Apopka Road approximately 900 feet north of Silver Star Road ". Page 8 - Case No. 14R -88 - Second paragraph - the following sentence should be added to the end of the second paragraph... "Swickerath stated that such a meeting was permissible but all decisions would be made by the Planning and Zoning Board and the City Commission." Nor Page 2 Planning and Zoning Board Meeting October 11, 1988 Page 8 - Case No. 14R -88 - Third paragraph, first and second sentences should be changed to read... "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." Smith moved to approve the Regular Planning and Zoning Meeting Minutes of August 9, 1988 as amended, Bello seconded and the motion carried unanimously. NEW BUSINESS Review and approval of proposed rezoning petition REZONING OF SAWMILL SUBDIVISION, CASE NO. 19R -88 (UNIWES AND MARLO, INC.) The rezoning petition was withdrawn from the agenda by letter dated October 11, 1988 addressed to City Manager Ted Ryan from Louis Geys, President of Marlo, Inc. (acting agent for Uniwes) which requested the rezoning petition submitted August 1, 1988 to be withdrawn. RICHFIELD - PRELIMINARY SUBDIVISION REVIEW Dennis Finch explained that the proposed subdivision is located on the east side of Johio Shores Road north of Old Silver Star Road. The subdivision consist of approximately 20 acres which is proposed to be subdivided into 71 single family lots with a minimum area per lot of 8,000 square feet. The development would result in a density of 3.6 units per acre. The present zoning of the tract is R -1 -A and the development proposes to utilize central water and sewer service provided by the City of Ocoee. Finch continued with the Staff Report of October 7, 1988 and mentioned several technical items that were listed under the DRC Report dated October 7, 1988. He mentioned that most of the 44 items were technical in nature and that the engineer had not had the chance to revise the plans to address those technical comments. There were a couple big items that Finch brought up before the board members. The first item was the paving of Johio Shores Road which would go either north, or south to Silver Star Road. Consultant (P.E.C.) recommended to pave the road south to Silver Star Road which would be considered the main access point. Finch commented that the comprehensive plan calls for Johio Shores Road to be realigned to the west, starting south of Old Silver Star Road. Finch wanted to wait on paving the road because it could be a waste in the future. He also wanted the board members to address paving both north and south of Johio Shores Road so that normal collector street standards would be addressed rather than Page 3 Planning and Zoning Board Meeting October 11, 1988 continue with the current situation. If the developer has a problem with paving the whole road the City could look into reimbursement from other property owners. Wayne Atwood is the property owner for this project and Candlewood Shores across the street. Richard Russell, Engineer (representative for Richfield) of Site Engineering Consultants, 405 Douglas Avenue, Altamonte Springs, FL 32708, mentioned a market study and stated that most of the traffic would come from the north to the south, not from Silver Star Road. They are looking at paving the road where it would dead -end at the northern section down to the property line. Candlewood Shores would have to pave south a portion of Johio Shores Road. Finch requested of the Board to require the Developer at the same time as he is paving one area to design and pave the other portion to Old Silver Star Road to get a paved road which would loop around the project. The second item involved the Flora Estates Subdivision which is just south of the proposed subdivision which is currently outside the City limits. The subdivision is made up of dirt roads with several houses. The problem is the east and west road running on *oar the northern perimeter of the subdivision. It is an unimproved unopened right -of -way, but it is a dedicated right -of -way. According to the subdivision regulations if you develop adjacent to the right -of -way it is to be dedicate, whatever is left, to make it an entire street. This would be thirty more feet from Richfield Subdivision to make it a complete right -of -way. City Staff recommended that the developer seek to get that road vacated from Orange County, because otherwise there is not much of an option as far a requiring them to dedicate the additional right -of -way. This would be a local road. The developer has figured as a 60' right -of -way after the 30' additional dedication came in going east and west that would dead -end, and going west would go into Johio Shores Road. Coventry Subdivision to the east of this project has made no provisions to tie into this road. From Coventry the developer has provided a through -way through the Richfield project and then picked it up again through the Candlewood project coming across the street extending all the way to the proposed Clark Road. A subcollector road is shown on the Comprehensive Plan going through Wayne Atwood's property on this project and Candlewood. This is the road Mr. Russell was talking about and should be treated as a subcollector road. This was one of staff's comments. Richfield subdivision will be on City Water and City Sewer. The sewer system will flow to a lift station that will be built as part of the Candlewood project. That lift station will force main over to the existing force main over to the proposed Clark Road. Page 4 Planning and Zoning Board Meeting October 11, 1988 A Board Member asked Mr. Russell if his client would have any objection to paving south to the extention of Old Silver Star Road and north to the pavement on Johio Shores Road. Mr. Russell questioned if this would be all of one project, and it would. He wanted to know if there was some way his client could pave it in phases. Where Richfield comes in pave the northern portion and where Candlewood comes in, which is about three times larger, pave the southern portion. It was hard for Mr. Russell to think of having the 20 acre site pave the whole road. Finch had a problem with phases, there would be seams where the asphalt comes in and depending what the drainage does they may not be able to pave it in phases. The developer may have to do all the storm drainage all at one time. Chairman Swickerath commented if the client has a problem with paving the whole thing, develop the larger property first. Reimbursement for any paving down to Old Silver Star Road should be checked in to at the time of development and check adjacent property owners at time of annexation. This would need to be addressed in a developers agreement. The little items would not be addressed by the Board since the developer had not had a chance to make any comments on them. The Chairman open the floor to the audience. Mr. Mohnacky spoke on the Johio Shores Road and felt that with a little effort that road could be improved. If proper signs were posted, one way traffic, etc. maybe the road would not have to be realigned. Old Silver Star Road is in the County and the City can only do something with City intersections. Mr. Mohnacky wanted to know if the City could communicate to the County to get their recommendation. Old Silver Star Road is a State Road, therefore the City would be dealing with a DOT right -of -way. Finch commented that he would be glad to send a note to Orange County and DOT just to find out about it. Smith moved to recommend to City Commission that they approve the Richfield Subdivision Preliminary Plan with the amendments that City Staff has recommended, including the paving of the southerly portion of Johio Shores Road down to the Old Silver Star Road. Weeks seconded and the motion carried 4 to 2. Votes against the motion were Harold Switzer and Pat Bond. TEMPLE GROVE ESTATES SUBDIVISION Dennis Finch went over the staff report of October 7, 1988 and explained that this project was a proposed replat of portions of Lake Park Highlands subdivision and is located on the south side of Silver Star Road just east of Johio Shores Road. This subdivision has a narrow strip that connects to Good Homes Road Page 5 Planning and Zoning Board Meeting October 11, 1988 on the east side of the subdivision. The actual and proposed zoning for this property is R -1 -AA. The tract located in the northwest portion of the property is currently undergoing the rezoning and comprehensive plan amendment process which will be complete in November. As presently designed, the subdivision will have 137 single - family residences located on 52.25 acres. The subdivision process is to use city water, but septic tanks for sewage disposal; however, staff is recommending that city sewerage also be utilized. City Staff has many concerns about the proposed development and presented it to P &Z for consideration because of the extensive delays which have occurred in the review process. The following five items are of major concern. 1. The entrances for the subdivision to Silver Star Road and Good Homes Road. 2. The City's Comprehensive Land Use Plan shows subcollector streets running through the property which are not included in the present design of the subdivision. 'fir Comments: On the Comprehensive Plan this site has two subcollector streets running through it. One running east and west tying into the extention of Johio Shores Road and one running north and south bisecting the property. On the plan the north and south subcollector would line up with an unimproved exitsing right -of -way. Their main road which runs east and west of the project winds up on the east side of the project, but the proposal carries the subcollector through to the property just south. It ties into Johio Shores Road just south of Silver Star Road. There are no other entrances planned for Silver Star Road. A big concern of City Staff is that this project's main access is off Silver Star Road and is about mid -way between the north part of the "S" curve and the south part of the "S" curve. The secondary entrance is off of Good Homes Road on the east side. 3. The subdivision should have central city sewers. Comments: This subdivision will use city water and septic tanks, but City Staff would like to see this subdivision on city sewer. It would not be far from Richfield Subdivision to the north, and Candlewood which would be to the north -west. City Staff will recommend to the developer that he approach the developer of the two projects to the north to see if they can do something jointly with the lift station. Page 6 *kr Planning and Zoning Board Meeting October 11, 1988 4. The present subdivision includes a park on the east side of Good Homes Road which is not within either the city limits or the Joint Planning Area. Comments: Finch commented on items 4 and 5 of the main items. On the plan the developer proposed to put a park on the east side of Good Homes Road abutting Lake Lucy. Unfortunately, that park lies outside the present City limits and outside the Joint Planning Area. Since the park is beyond the City's control the board can not address this comment. This would not be use to off -set the 5% recreation requirement. City Staff is concerned about Good Homes Road since this road does not meet collector standards and it has been designated as a collector road. Staff recommends that Good Homes Road be upgraded when used as their secondary access. 5. Additional right -of -way on Silver Star Road together with the required setbacks could have a significant effect on the configuration of the lots within the subdivision. Comments: Finch commented that another major item was Silver `ar Star Road. As part of the platting process the developer is required to give additional right -of -way needed for future expansion of Silver Star Road, this amount equals to twenty feet. This would be the same twenty feet the City obtained from other developers along Silver Star Road. Finch commented that on Temple Grove Estates the city staff feels that with the subcollector road issue and issue involving central sewers (pro's and con's on lot sizes) that the Planning and Zoning Board should recommend not to approve the Preliminary Subdivision Plans at this time because of radical changes that should occur. But, give the developer the benefit of its input on the items listed and ask the developer to submit a revised preliminary subdivision plan and bring it back before the Planning & Zoning for additional review. The Chairman opened the public hearing to the audience. Mr. Charlie True, P.E. with Mclntoch and Associates in Winter Park stated that he wanted to address the major issues and give a brief background of history. He stated that he realized that Dennis Finch was not at the City at the time this was annexed and the development agreement was agreed to. Mr. True continued commenting that the access road to Silver Star and to Good Homes Roads was annexed and brought in for zoning at the request of the city council. They requested that the entrance road be located ti`.. on Silver Star exactly where it is shown on the preliminary. They wanted it to be halfway between the two curves. The developer's engineer addressed the possibility of bringing the Page 7 %ow Planning and Zoning Board Meeting October 11, 1988 entrance in at the north where it was said there was an existing right -of -way, using that as the main entrance. The council said they did not want that, and in fact, they said they could vacate that right -of -way. That council meeting was December 15, 1987 during the zoning process. The engineers agreed with city council that they would put the entrance in the middle and would do turn lanes that would be acceptable with DOT. The City had been talking with DOT and they were reviewing the possibility of adjusting the two "S" curves by flattening them out. And, at the time of annexation they said, as soon as they got with DOT and when the developer was ready to submit a plan that they may be altering the curve. When Mr. True met with the City and Ted Ryan they said at that time that they were under staffed and that they had not had the time to do any thing on the project and suggested they present it this way. If this is going to be the alignment of Silver Star Road and DOT adheres to this, they have no objections to giving the additional twenty feet, if that is their requirement. We can adjust the depth of the lots along Silver Star, becasue along the interior loop there are some rather odd shaped lots. By sliding that in another twenty or thirty feet it would not drastically affect the alignment. As far as access onto Silver Star Road Mr. True realized they will have to meet Orange County's requirements and construct necessary turn lanes that are required to do. The item on sewer - again the time of annexation and zoning the original request was for a R -1 -A. After City Council reviewed the petition, they said they would rather have them go to R -1 -AA. Mr. True commented that they would accept it and wanted to be assured that they could use septic tanks. And, City Council assured Mr. True that they would rather have the larger lots, less density and that the soils are very good on that site. Mr. True stated that that was their feeling as what the approval was. Mr. True stated that they do intend to go with central water. He meet with PEC and told them that they were willing to participate with the other developers in the area on tying into the water lines in the area. He understands that there will be a water and sewer sale coming up shortly and possibily there may be a joint participation at that time. Mr. True continued his comments relating to the item on the park. They had meet Ted Ryan back in early June, 1988. They discussed the possibility of locating the park, realizing that the tract they are presenting is in the County. They would be deeding it to the City, the City would then own it and the zoning he believed would be A -1. They would put a park in the county zoned A -1 and as long as it's not subdivided and only one permit pulled the city if they wanted could build facilities. This park is on a lake and is larger than what is required, and if the City does Page 8 Planning and Zoning Board Meeting October 11, 1988 not want it then three lakefront lots would go there and he believes he could get that from the county. Again, he stated he had discussed this with Ted Ryan and he suggested they present it this way. Possibly the legal staff would want to look at the potential problems that the city might run into. Again, they submitted it back in June and tried to meet with staff on several occasions and because of the workload of personnel they were unable to meet. They had their list of comments from PEC on Friday and they talked to them and they had stated that most of their comments pertained to things that they would want on Final Engineering Plans. Comments from city staff were received yesterday, again other than the main issues of access, roadways, exiting right -of- way, and the park they would be willing to revise the plan and show the twenty feet along Silver Star as long as the city is satisfied and that's what DOT wants. Mr. True stated that if the city still wants the location as they specified in the Developers Agreement, he didn't see where they could change the plan. They may be able to move it down one lot, one way or the other, but there really isn't a good place to put an access point on Silver Star. One board member asked him why he did it and his comment was that the city asked him to do it. Mr. True stated that it wasn't their idea. He commented that it was in the Developers Agreement that was recorded with the city. That is exactly where they asked us to put it. Chairman Swickerath asked what the 100 year flood level plain was. The county had established the 100 year flood plain, commented True, it's in neighbor of 170. Swickerath asked what the heavy line in the center of Tract "C" was. Mr. True commented that they would slope it down to a flat area and it would be a 5 to 1 slope. That is where the county is allowing compensation towards stormwater. They will hold and treat all stormwater retention ponds on "Tract B" and then it will go to Lake Lucy and this will be the compensated storage. Mr. True also stated that the compensated storage has to be from the normal high water level and below the 100 year flood plain. Swickerath stated that anything west of the heavy line could be under water. Mr. True stated in the 100 year storm. Swickerath informed him that that was not a park. Mr. True stated that if Planning and Zoning did not want a park there, that they would make other arrangements for the park. They were told that it was a good idea so they presented it. Swickerath stated that DOT has certain requirements for their right -of -way and the city has subdivision standards. Both are strengent on this case. Mr. True stated that the Developers tior Agreement stated that if DOT did not like this location and before the developer agrees to something else with DOT that the Page 9 vairy Planning and Zoning Board Meeting October 11, 1988 developer turn it back over to the city, that they will go and negotiate on the devlopers behalf. One board member commented on three of the items. He did not like the road to enter the middle of the "S" curve. It is dangerous. He has no problem with septic tanks, especially the soil that's available on this site. As far as the park idea, if we do not have a problem with Orange County then it might make a decent park. Another board member wanted to know who was making all the arrangements with developers on the road placement. If these types of arrangements are being made, then why does the P &Z board exist? The Chairman felt that was an interesting questions and should be explored later on in the meeting. Dennis Finch made a comment that Mr. True had him at a slight disadvanage because Mr. True has been through the whole process. Staff will need to uncover the development agreement to see what it says. Finch did not know that a developers agreement exist. Mr. True said it came about in December at the time of the growth management plan. Chairman Swickerath questioned Mr. True on what would it do to his client if this particular issue was tabled. Mr. True said that Bel -Air is extremely upset that they had been waiting since June to either get staff comments or be put on an aganda. Mr. True would be happy to meet with Dennis Finch and resolve the engineering problems. Mr. True asked for some kind of direction as to the access points and the existing right -of -way that they had recognized earlier. One board member commented that he saw a problem with the right - of -way going through county property. Mr. True stated, that probably because they could not annex it in because they didn't own it, the right -of -way would be in the county. The city may own the property on both sides. The right -of -way is thirty feet wide that the developer knows of and then there is a power line that overlaps part of the right -of -way. The bold line shown on the plans indicate the third phase and is under final annexation and approval in November. Mr. True asked for the items and the developers agreement to be resolved. The developer agreement was written before the plans were drawn. The Planning and Zoning Board Members should received a copy of the agreement before this project is brought back. Page 10 Planning and Zoning Board Meeting October 11, 1988 Bruce Behrens suggested that this project be brought back in thirty days for review. A special meeting would be considered between staff and developer in two weeks. Dennis Finch wanted to here what the board members opinion was on the five items discussed. One board member commented that the access on Silver Star Road should be changed to the southern curve. Another member commented that curb cuts should be limited on Silver Star Road. Chairman Swickerath called for a motion on the entrance for the subdivision off Silver Star Road. Gerald Weeks recommended to the City Commission to move the entrance to the southwestly entrance off Silver Star Road. Harold Switzer seconded and the motion carried unanimously. There was a motion to support the Staff Report's comments on the sewer, but motion died for lack of interest. Pat Bond moved to recommend to City Commission that septic tanks and 1/4 acre lots stay as part of this subdivision. Pat Bello r seconded and the motion carried 5 to 1. Mr. Smith was against. A board member questioned the park being in Orange County and another member commented that crossing Good Homes Road would not be a good idea. Burton Smith moved to recommend to City Commission to put the park back into the City. Pat Bello seconded and the motion carried unanimously. Dennis Finch commented that he would bring this up at the next City Commission meeting. Chairman Swickerath stated that he wanted this to come back after the items were resolved. RECESS: 9:15 PM CALL TO ORDER: 9:25 PM PLAT REVIEW GENEVA MANOR Finch went over the staff report and explained that quite some time ago the city received a site plan for a proposed triplex to be built on the south side of Geneva Street approximately midway between the city cemetery and Lakewood Avenue. During the review of the site plan, staff realized that even though only one lot Page 11 Planning and Zoning Board Meeting October 11, 1988 was involved the development of that lot constituted a subdivision under the definition contained in the Ocoee Subdivision Regulations. After the expiration of a great deal of time, the owner, Mr. Dwight Seidner, decided to construct a single- family home on the property. Nonetheless, he was required to plat the property to conform with city ordinances. The result is a one -lot subdivison of 0.40 acres zoned R -3. Because the project involves only a single - family residence, minimal improvements will be required. Basically, the city will need to resolve the issue regarding extension of water to the site and the developer will have to provide a small amount of retention in the rear of the lot. The developer will also be required to provide a sidewalk along the front of the property. There are 8 items that need to be addressed on the plat or provided by the developer before we can take the plat to the City Commission for approval. Finch stated that the two big concerns were (1.) the water main extention and (2.) the storm drainage problem in the back of 01111, lot drops to a wide ditch which runs east and west across to Bluford. One of the points on the retention, even in the site plans was that a portion of his property is in the 100 year flood plain of the water way. He will have to provide some retention on his site. Stormwater retention would be required just for the house just by a back yard swale. One board member wanted to waive all the restrictions and the Chairman felt that there are municipal responsibilities where this is concerned. If the land owner wants a 2" watermain to service his house he should pay for a 2" line. If the City wants a 8" or 12" line, the upgrading of the line should be a municipal service or shared by everbody equally that benefits from the line. Pat Bond moved to recommend to the City Commission that a line of sufficient size, to afford fire protection for the people on Geneva Street, be run but there being an equal distribution of all people that will benefit from that line and if there are no other people benefiting from that line to pay part of the share. Then the City front the share, Mr. Seidner pay his portion, and as it is being developed with the other lots are developed then they pay the city back with the City acting as the developer. Burton Smith seconded. The motion was amended to approve the subdivision with the Nor contingency and to waive the 5% recreation facilities assessment. The motion carried unanimously. Page 12 Planning and Zoning Board Meeting October 11, 1988 OLD BUSINESS OTHER BUSINESS Chairman Swickerath commented on the fine job Holly Myers did for the City while she filled the Planner position. He asked that the board make a recommendation to the City Commission to issue a proclamation -- thanking her for steping in and doing such a fine job in the short time she was here, and wish her luck in the future. Smith seconded and the motion carried unanimously. Chairman Swickerath made the motion to ask City Staff, the City Manager, and the City Commission not to write developer agreements that deal with the development of property in the city before the P &Z Board have a chance to react to the plan. Comment: The Planning & Zoning Board should know every time there is an agreement in the works. The Board Members should have the opportunity to go by City Hall and look at the agreement before the agreements are finalized, even if it is between board meetings. The P &Z Board should know what agreements are coming up. FOR THE RECORD: Chairman Swickerath stated that there were certain things negotiated on another project "Lake Lotta" that fortunately the developer backed off on and everone said that the City had not entered into something kin to contract zoning. Swickerath was afraid the City did. His faith in the people (officials of the community) that reported to him are shaken. The report he got from officials of the community is not consistent with the report he got from the City's Attorney. He is disappointed. The Board Members supported the Chairman's concerns. City Planner Behrens asked if the Planning and Zoning Board had been designated as the Planning agency for the Comprehensive Plan Amendment. Swickerath stated that long time ago the Planning and Zoning Board acted as the public input body. However, Swickerath was not sure if anything was officially done in a City Commission Meeting to designate the Planning and Zoning Board as the Local Planning Agency. Behrens wanted to set up a special workshop meeting in two weeks to update planning staff on the Planning and Zoning view points on everything going on and to interject this into the elements of the plan. A Special Planning sn Zoning Meeting was scheduled for October 25, 1988 at 7:30 PM to discuss the Comprehensive Plan Amendment. Page 13 ,.. Planning and Zoning Board Meeting October 11, 1988 Chairman Swickerath asked Dennis Finch to check with the City Clerk to see if the Planning and Zoning Board was designated as the Local Planning Agency. If they are not, unless the city commissioners decide they want to appoint another group of people, Swickerath felt that it may be prudent on their part, given the time factor, to officially designate this board as the agency at least until the first two elements of the Comprehensive Plan that are due at the end of November are done. Behrens should present this at the next City Commission Meeting. Smith moved to adjourn, Weeks seconded and the motion carried unanimously. ADJOURNED 10:05 PM .. NCH •T; ' 'A' D WI K TH • ATTEST: ELLEN KING, SECRET Y err