Loading...
HomeMy WebLinkAboutPZ 03-22-1989 MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL SESSION MEETING HELD ON WEDNESDAY, MARCH 22, 1989 The meeting was called to order at 7:33 P.M. by Chairman Swickerath. PRESENT: Chairman Swickerath, Vice - Chairman Smith, Board Members: Linebarier, Bello, Weeks, Senior Planner Harper, Associate Planner Claman, and Secretary King. ABSENT: Board Member: Bond and Switzer and Alternate: Breeze 1989 DEVELOPMENT REVIEW SCHEDULE AND NEW APPLICATION FORM On February 23, 1989 at the Planning and Zoning Workshop Meeting the "1989 Development Review Schedule" was reviewed by the P &Z Board. Senior Planner Harper stated that upon approval of the scheduled dates the City Attorney would review it. Vice - Chairman Smith moved to recommend to the City Commission to approve the first phase of the "1989 Development Application Review Schedule ", Bello seconded and the motion carried unanimously with Smith, Swickerath, Bello, Weeks, and Linebarier voting "YEA ". The application form was discussed on February 23, 1989 at the P &Z Workshop meeting. Sr. Planner Harper made hand written corrections to the application form to reflect comments which were made during the February 23, 1989, P &Z Workshop meeting. The revised draft was to be reviewed on March 14, 1989, but was tabled until March 22, 1898 agenda. Sr. Planner Harper stated that he felt strongly about having the sealed boundary survey and would go to the City Commission asking for their approval. (Harper's definition of "sealed" boundary survey is that one can physically feel the seal.) Also, per P &Z Board's recommendation inserted on the Application Form was that when a person request zoning for a single family home in an "A -1" or A -2" zone they will not be required to have a preliminary site plan as long as they meet the setback requirements and zoning requirements. Linebarier asked, "if a property owner was "R -1" or "R -2" they wouldn't worry about the zoning. Suppose someone wanted to build a house on "R -1" would they have to fill out the form ?" Harper responded that they would not have to fill out the schedule. It is strictly for rezoning. Chairman Swickerath stated that a boundary survey is just as important for a big parcel as it would be for a small parcel. %rr' The board would like to keep the applicants from having to get a boundary survey. Swickerath continued that he would be happy if it was a requirement for completion of an annexation petition. But, boundary surveys are expensive. Many real estate transactions are based upon getting the rezoning approved. Planning and Zoning Special Session Meeting March 22, 1989 Page 2 Chairman Swickerath stated that a boundary survey should be required upon application submittal. The board could act and say yes that they would annex a piece of property, but before going through the procedure they would have to submit a boundary survey before approval. A boundary survey should be required for annexation and rezoning. The developer should be aware of the requested material, and should state that the requested material would be submitted upon approval. This could be noted on the signature page before the approval becomes final. John Linebarier moved to recommend to City Commission to approve the balance (revised form) of the application. Gerald Weeks seconded and the motion carried unanimously with Smith, Swickerath, Bello, Weeks, and Linebarier voting "YEA ". ORDINANCE TO REINSTATE DEVELOPMENT APPLICATION REVIEW FEES Sr. Planner Harper recommendation was to recommend approval to `, reestablish the development application fee schedule. Sr. Planner Harper stated that the "1989 Development Review Application" charges had not been increased but combined, i.e. comprehensive plan amendment ($500.00) and rezoning ($250.00) now equal the designated "comprehensive plan - zoning amendment" ($750.00). Chairman Swickerath questioned if there would be a time when a certain parcel would not require the combination of rezoning and comprehensive plan request. Harper stated that there could be a time, but City Commission could wave the fee. Burton Smith moved to recommend to City Commission to reinstate the development application fee schedule. Patricia Bello seconded and the motion carried unanimoulsy with Smith, Swickerath, Bello, Weeks, and Linebarier voting "YEA ". ORDINANCE TO CREATE SITE PLAN REVIEW FOR DEVELOPMENT REVIEW APPLICATIONS Sr. Planner Harper recommended that the board recommend approval of the ordinance which establishes a Site Plan submittal requirement for all development review applications and provides simplified application for one single- family home in an "A -1" or "A -2" zone. Chairman Swickerath moved to recommend to the City Commission that all fees should be increased by $20.00 to cover the cost of a Land Development Regulation book. There should be an affidavit on the application stating that the property owner or authorized Planning and Zoning Special Session Meeting March 22, 1989 Page 3 agent has received the Land Development Regulation book, has read it, and will comply with all requirements in the Land Development Regulation book. John Linebarier seconded. Linebarier questioned what happens to ordinances that are pending and have not been incorporated into the Land Development Regulation book? Mr. Harper commented that by law until a developer breaks ground and pours foundation, he must comply with all ordinances. The motion was called and it carried unanimously with Smith Swickerath, Bello, Weeks, and Linebarier voting "YEA ". AMENDMENT TO THE ZONING CODE, ORDINANCE NO. 710, TO MODIFY AND CLARIFY "THE STREET WIDENING SETBACK" VERSUS "BUILDING SETBACK LINES" Sr. Planner Harper recommended approval of the zoning ordinance amendment to reestablish and to clarify the center line of the street as the beginning measuring point for street setbacks. The board members discussed the issue and made brief comments on width of right -of -ways and setbacks. Harper stated that the over all reason for approving the draft ordinance is that you don't want to deprive a man of using his land without compensation, he has to be paid for it. But, on the other hand, the City doesn't want him to go in there and put a $5,000 or more marque sign, and when the City widens the road then the city would have to pay for the land and the sign. Harper commented that there may be a problem with the open space. For example, take a two lane road that had been widened to four lanes, and there is barely enough room from door to door to get another lane in. Harper didn't think the City wanted a situation like that. The line has to be established in such a way that will not cost the City to go ahead and widen the street. Burton Smith moved to recommend to the City Commision to approve the draft Ordinance No. 879 as is. John Linebarier seconded and the vote was 3 to 2 with Smith, Bello, and Linebarier voting "YEA" and Weeks and Swickerath voting - nea. CALL FOR RECESS: 9:00 p.m. CALL TO ORDER: 9:05 p.m. r Planning and Zoning Special Session Meeting March 22, 1989 Page 4 SCHEDULE FOR COMPREHENSIVE PLAN Associate Planner, Lisa Claman stated that she was very comfortable with the dates given and felt they were realistic. Also, she felt that staff could accomplish the elements without being rushed through the particular documents and would have plenty of time to study them. Associate Planner Claman stated that Professional Engineering Consultants (P.E.C.) had been authorized to proceed on the Infrastructure Element. Swickerath asked that when a public hearing is advertised, that additional copies of the draft element be made available as reference only to the following places: 1. Winter Garden Public Library (2 copies) 2. Orange County Public Library - downtown (2 copies) 3. West Orange High School - Media Center (1 copy) r 4. Ocoee Middle School - Media Center (1 copy) 5. Ocoee Elementary School - Media Center (1 copy) 6. Spring Lake Elementary School - Media Center (1 copy) 7. City Hall - (3 copies) In the public hearing advertisements there should be a statement noteing that there are draft copies at these locations. Additional copies should be made available, for the cost of reproduction. Linebarier commented that he wanted more than seven days to review the elements. He wanted at least two weeks prior to the public hearing. Claman commented that she could not guarantee two weeks for the Infrastructure Element because the deadline is May 31st. Swickerath stated that he wanted to see on the Comprehensive Plan Schedule a note added under September 5, 1989's advertisement of public hearing - "that at the P &Z meeting in July that staff shall provide a status report and an outline in rough draft of the elements ". Linebarier moved to recommend to City Commission to adopt the schedule with the provision that the draft elements be provided to the members of the Planning and Zoning Board a minimum of two weeks prior to the public hearing; with the exception of the month of May a minimum of seven (7) days prior to the public hearing. Pat Bello seconded and the motion carried unanimously with Smith, Swickerath, Bello, Weeks, and Linebarier voting "YEA ". S ow Planning and Zoning Special Session Meeting March 22, 1989 Page 5 PUBLIC PARTICIPATION PROCEDURES Associate Planner Claman scaned over the sections of the Public Participation Procedures. Claman read in its entirety - II. Recommended Procedures, B. Orientation. Claman stated that the P &Z Board should be thinking about which subcommittee they would want to sit on. Provide a first, second and third choice. Linebarier moved that the procedures presented to the board be adopted and recommended to the City Commission. Burton Smith seconded and the motion carried unanimously with Smith, Swickerath, Bello, Weeks, and Linebarier voting "YEA ". RESOLUTION NO. 89 -02 Associate Planner Claman read Resolution No. 89 -02 by title and asked the board to recommend approval. _r._, The board wanted the wording changed under "Section 3 - Notice Procedures, Subsection 3.3" to read, "All public hearings and public meetings shall be held after 5:30 p.m., Monday through Friday, and before 5:30 p.m. on Saturday. Workshops may be held at other times deemed appropriate. Patricia Bello moved to recommend to the City Commission to adopt Resolution 89 -02 with the exception of the Saturday before 5:30 p.m. meeting and weekdays Monday through Friday after 5:30 p.m. Gerald Weeks seconded and the motion carried unanimously with Smith, Swickerath, Bello, Weeks and Linebarier voting "YEA ". OTHER BUSINESS Chairman Swickerath stated that at the next Planning and Zoning Meeting the board should meet at 6:30 p.m. so that the By -Laws for Planning and Zoning Board could be discussed first. The meeting adjourned at 9:55 p.m. ; w 1 TYIRMAN SWICKERATH ATTEST: ELLEN KING, SECRE RY