Loading...
HomeMy WebLinkAboutPZ 06-13-1989 MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD ON TUESDAY, JUNE 13, 1989 CALL TO ORDER: 7:30 p.m. PRESENT: Chairman Swickerath; Board members Linebarier, Switzer, Weeks, Bond, Sims; Director of Planning Behrens, Deputy Clerk Resnik. ABSENT: Board member Bello and Alternate members Breeze and Carroll. Chairman Swickerath welcomed new Board member Michael Sims as this was his first meeting. Chairman Swickerath explained that Board member Sims had been appointed to fill the seat left vacant when Vice Chairman Burton Smith resigned. Chairman Swickerath said the Board would need to vote on a new vice chairman later on in the meeting. APPROVAL OF MINUTES Board member Linebarier moved to approve the minutes of May 9, 1989, Board member Weeks seconded, and approval was unanimous. OLD BUSINESS Proposed Planning and Zoning Board Bylaws Ordinance Chairman Swickerath explained the background of the ordinance to Board member Sims. He said in the existing City Code there is a provision where the Building Official has the authority to approve certain projects without going to either the Planning and Zoning Board or the City Commission. Chairman Swickerath said the Board was proposing a threshold of either 12 units in the case of a subdivision, or 25,000 square feet in the case of a site plan. Board member Sims said he had read the May 9, 1989 minutes and had a good idea of the reasonings behind the ordinance for the most part. Board member Linebarier said the ordinance still did not specify that the Planning and Zoning Board would review all final site plans and subdivision plans. Director of Planning Behrens said he noticed that when he read it over and suggested that Item #6 be revised to stipulate both preliminary and final engineering plans. Chairman Swickerath asked the Board if they had all received the memorandum from the City Manager regarding the City Attorney's interpretation of the responsibilities of the Planning and Zoning Board as the Local Planning Agency (LPA). He said the memorandum basically said the City Commission dictated what authority the Planning and Zoning Board would have. JY •. Page 2 %n. Planning and Zoning Board Meeting June 13, 1989 Director of Planning Behrens said that for about the last month or so, the City had changed its review procedure for site plans in that the City Code specifically said that the Building Official would handle all site plan reviews with help from other staff members as necessary and that the Building Official then had the authority to approve the plan without going to the Planning and Zoning Board or City Commission. Director of Planning Behrens said this was the way the Code was originally set up but that the Development Review Committee (DRC) and the Planning Department had taken over the process for staffing reasons. Chairman Swickerath said he disagreed with Item #2 where it said that employees of the City could not be Board members. Board member Linebarier said he believed that was put into the ordinance because it was against the law due to the conflict of interest that would result. He said the concern was that an employee would be reluctant to make a decision that would be anything other than in favor of the City. Chairman Swickerath suggested that on Item #3 the word "a" be deleted after the word "If" and the word "any" be inserted to denote that the clause was for both regular members as well as alternates. Chairman Swickerath also wanted to change Item #4 to add that in addition to the Chairman and Vice Chairman being able to vote, they also can make and second motions. Chairman Swickerath also recommended to add to Item #4 that even if there is a quorum of regular Board members (4), the alternates should still fill the vacant seats for that meeting and take part in discussions. If the alternates were needed in order to have a quorum, then they would not only fill the vacant seats for discussion purposes, but they would also take part in the voting process. In other words, alternates should participate in all discussions and in the case where they are filling a vacant seat and are needed to make a quorum, they would assume all the responsibilities and privileges of a regular member. It was also decided to have the alternates be represented as Alternate #1 and Alternate #2 so that there would be no confusion over who was to fill the first vacant seat. Board member Linebarier suggested that Section 5 be amended to read that "No public hearing or site plan review shall be started after 10:30 p m " since there might be instances where an agenda item of another type might be able to be started or may need to be discussed. He said the reasoning behind this Section was to keep ,, from having to start the discussions for a lengthy site plan or Page 3 NIMIW Planning and Zoning Board Meeting June 13, 1989 subdivision review when the Board would rather reconvene at a later time. But Board member Linebarier said his intention was not to prohibit the discussions of all agenda items. Board member Sims asked for some background on Item #6. Chairman Swickerath explained that some Board members would like to review every subdivision and site plan that is submitted to the City and others did not. He said that all Board members agreed that the most important thing was that if the Board was going to review a plan, it wanted to follow through with it through all of the stages of review. He said the compromise that derived from this issue was to recommend that the Planning and Zoning Board review all site plans exceeding 25,000 square feet (under roof) and all subdivisions exceeding twelve (12) dwelling units. After some discussion, Item #6 was revised to read as follows: "To review and make recommendations on Conceptual, Preliminary, and Final Plans to the City Commission on all Residential subdivisions with more than twelve (12) units and all Commercial Site plans exceeding 25,000 square feet; and all Planned Unit Developments. Board member Bond recommended that Section 2, Item #3 be amended to read ". .without prior notice and approval of a majority of the Board members ". After some discussion the question was raised as to how a Board member would go about getting the approval of a majority of the Board. Board member Linebarier suggested without prior notice to the Chairman and subsequent approval of a majority of the Board. Chairman Swickerath suggested that it be prior notice to the Chairman or Planning Department. Board member Linebarier suggested Chairman or Vice Chairman. Board member Sims said he had served on several boards and for the most part absences could not be dismissed as "excused ". He suggested that the ordinance read "If a board member fails to attend three regularly scheduled successive board meetings, then the board will recommend. . . ". Board member Bond also questioned Section 4, Item #1. She was concerned that the way it was written, the Board would not be able to decide to start at an earlier time if the agenda was a lengthy one. Board member Bond suggested that the words "unless previously specified and advertised" be added to the end of the sentence in Section 4, Item #1 for clarification purposes. There being no further comments from the Board, Chairman Swickerath asked if any Board member wanted to make a motion. Board member Bond motioned to recommend that the City Commission adopt the proposed Planning and Zoning Board Bylaws ordinance, Board member Page 4 Planning and Zoning Board Meeting June 13, 1989 Linebarier seconded, and approval was unanimous. Board member Linebarier thanked the staff for their work in putting together the ordinance from his notes. NEW BUSINESS Burnden Park - Preliminary Plan Director of Planning Behrens read the staff report. Mr. Michael Tubbs, representing the developer, and Montje Plank and Richard Russell of Site Engineering, were present to answer any questions. Board member Linebarier asked if Hackney- Prairie Road was going to be paved. Mr. Tubbs said it will be paved but it will remain a County road from Apopka - Vineland to the proposed Clark Road. Board member Linebarier mentioned that he thought there might be a stacking problem with traffic at the intersection of Streets A and B out to Hackney- Prairie Road. He asked how this would compare with the Candlewood Shores subdivision's main access onto Johio Shores Road. Chairman Swickerath said there would be enough stacking room for about five cars bumper to bumper. Project Engineer Russell said the two subdivisions were not really comparable since Candlewood Shores had an adjacent subdivision to account for in its calculations where Burnden Park did not and Burnden Park was a smaller subdivision. Chairman Swickerath commented that he did not like the design of the wide looping driveway or bulb fronting Hackney- Prairie Road (by Lots 66 -68). He said he felt that Hackney- Prairie Road would be a heavily traveled road in the future. Chairman Swickerath also questioned the emergency access or second access to the subdivision. He said the dead end by Lots 33 and 37 should not be counted as the second or emergency access since the City did not anticipate the neighboring property owner building any time in the near future. Mr. Tubbs said City staff had requested that the road be stubbed out in anticipation of the Sylvestri property connecting to it when that land was developed. He said he had contacted Sylvestri to try to get an indication of when they were considering developing but Sylvestri did not have any immediate plans to share with Mr. Tubbs. Mr. Tubbs asked the City why they could not work with representatives of the Sylvestri property to get the necessary secondary access. He said as far as he was concerned, it seemed reasonable that if Burnden Park was willing to provide the stub out, the City should work on getting the access they need. Mr. Tubbs said he has no control over other developers. Page 5 Planning and Zoning Board Meeting maw June 13, 1989 Chairman Swickerath said that the City required two access points to subdivisions for emergency purposes. He said, for example, that an accident could occur at the entrance by Lots 1 and 65 and block that entrance from any traffic. In the meantime, someone in the house on Lot 93 could be having a heart attack and need emergency assistance. He said the City wanted to ensure that there would be another means of accessing the subdivision in the event something such as this was to occur. Mr. Tubbs said the Fire Department had seen the plans and did not have any problems or concerns. Montje Plank of Site Engineering said the developer had left a stub out on Street "D" with a 50 foot right -of -way all the way until the north property line to enable the adjacent property owner to connect and provide another means of access. He did not agree that the developer should have to provide two access points at this time since the development was under 100 lots and since the developer had "laid the groundwork" for the other developer to connect in the future. `.► Chairman Swickerath said he still felt strongly that the developer should have to provide two access points without depending upon another developer. Project Engineer Russell said that special consideration should be given when the subdivision is as small as Burnden Park and when a developer is developing at the outskirts of the City since the developer does not have much of a choice. It was discussed that the easement between Lots 4 and 5 could be used as an emergency access until such time as the property owner to the north developed and tied into Street "D ". Board member Sims asked if the City had a threshold for requiring a secondary access or whether it was a requirement for all subdivisions. Director of Planning Behrens said he did not have any knowledge of a threshold. Mr. Tubbs said that the City's engineering consultants had done a trip generation on the proposed project and did not have a problem with the one entrance at this point. Director of Planning Behrens said the City Commission has encouraged the two access points for emergency purposes. Board member Sims said Hackney- Prairie Road is a collector road and questioned whether the cul -de -sac or bulb by Lots 66 -68 had a 55 foot radius into Hackney- Prairie Road or within itself. After `fir Page 6 Planning and Zoning Board Meeting June 13, 1989 measuring, it was determined that the radius extended out into Hackney- Prairie Road and staff was directed to look into this to see if that meets the necessary criteria. Board member Sims also wanted to mention that Note #9 stipulated that the plan was subject to revision per more detailed engineering analysis. He said he noticed that some adjustments would be necessary for Lots 90 -92 and Lots 85 -87 to meet the 10,890 square foot minimum lot size because as they were on the Preliminary Plan they only measured 10,710. He cautioned staff to make sure this was adjusted on the Final Engineering Plans. Board member Sims asked if the City had any restrictions on what work could be done within the 10 year flood plain. He thought St. Johns River Water Management might have some restrictions. Project Engineer Russell said that St. Johns had already been out to the site and did not question anything in that area. Board member Switzer asked whether a wall or berm had been discussed for the back of Lot 65 and Lots 1 -5 along Hackney- Prairie Road. After some discussion it was recommended that a berm be suggested since it would allow for emergency vehicles to access between Lots 4 and 5. A wall was not recommended because the developer would have to leave the space open between Lots 4 and 5 and it would not be visually pleasant. Board member Linebarier asked for an idea of how many cars would most likely be parked on the bulb at any one time. After some discussion, it was agreed that since the lots would provide for driveways to accommodate two cars, there would probably be no more than two cars on the average parked on the bulb. Board member Sims asked if the Board would agree that it would make sense to put some kind of wall up on the bulb to make it less inviting or less likely to be used as a turnaround. Mr. Tubbs suggested that a berm may be better than a wall but that nonetheless something would be placed there to limit the access on either side of the half circle to 24 feet. Board member Linebarier moved to recommend approval of the Preliminary Subdivision Plan subject to an emergency access being provided by an unobstructed access between Lots 4 and 5 until such time as the property owner to the north developed the property and tied into Street "D" therefore creating a second access to Burnden Park and subject to the creation of a berm rather than a wall along Hackney- Prairie Road behind Lot 65 and Lots 1 -5 and subject to the bulb fronting Lots 66 -68 having some sort of wall where the access Page 7 Planning and Zoning Board Meeting June 13, 1989 on either side of the half - circle would only be 24 feet in order to discourage traffic from using the bulb as a turnaround and to keep any children who may be apt to play on the pavement from being too close to traffic on Hackney- Prairie Road without any sort of barrier in between them and the traffic, and Board member Bond seconded. Director of Planning Behrens reminded Chairman Swickerath that this was a public hearing and that he needed to take any citizen comments. Chairman Swickerath said he did not realize it was a public hearing since it was not on the agenda as such. He asked Board member Linebarier to withdraw his motion and then he opened the public hearing. R.P. Mohnacky, 1820 Prairie Lake Boulevard, commented that he would have liked to see the developer leave the property to the south of Hackney- Prairie Road (Lots 66 -68) either as undeveloped property or just one lot. Mr. Tubbs said the reason the property was shaped with a parcel connecting to the lake probably stemmed from a time when the property was an orange grove and the landowner had rights to the lake for irrigation purposes. He said as far as he was concerned, these lots were on the most beautiful part of the property and he was not willing to keep the land undeveloped. 'flow There being no further comments, Chairman Swickerath closed the public hearing. Board member Linebarier asked that his earlier motion be recorded as the repeat motion, Board member Bond seconded, and approval was unanimous. RECESS: 9:30 p.m. CALL TO ORDER: 9:45 p.m. Revision of Ordinance 89 -08, Amending the Development Code Director of Planning Behrens said this ordinance was going back before the City Commission for a revision because staff inadvertently left out any mention of the RCE classification. Chairman Swickerath asked Director Behrens if the Board needed to take any action on the ordinance and Director Behrens said it was just for the Board's information. OTHER BUSINESS Election of New Vice Chairman Chairman Swickerath said the Board needed to fill the Vice Chairman position that was left vacant with the recent resignation of Burton Smith. Board member Linebarier said the new Vice Chairman would serve until the first regular meeting in 1990 when elections would be held for Chairman and Vice Chairman for that calendar year. Board member Switzer moved to nominate Board member Linebarier, Board member Bond seconded, and approval was unanimous. Page 8 %by Planning and Zoning Board Meeting June 13, 1989 Discussion on Arbor Health Care Facility Chairman Swickerath explained that he had heard about this project through attending a City Commission meeting and had asked Director of Planning Behrens to share the particulars of the project with the Planning and Zoning Board despite the fact that the Board would not be formally involved in the approval process of the project. Director of Planning Behrens pointed out the location of the proposed facility on the map. He said he had the Development Review Committee report and the developer's response to it available if any of the Board members cared to look at them. Vice Chairman Linebarier asked Director Behrens why the project was not formally brought before the Planning and Zoning Board. Director Behrens said he really did not have an answer to that question but did know that the developer had only a short time to get approval of the project and that the City had agreed to a six - week review period and those time constraints may have had something to do with it. Director Behrens said although everything was not yet completed as far as final approval of the project was concerned, it was only a matter of tying up the loose ends and he thought that it was a tribute to the City to have accomplished so much in a very limited amount of time. Director Behrens said the developer had agreed that if the City worked with them in meeting their funding deadline, then the developer would be willing to run an eight inch (8 ") sewer line down Maguire Road which would ultimately save time and money for the City and ease the process of proposed subdivisions that were to be in that area. Vice Chairman Linebarier asked whether or not the developer had to acquire a Certificate of Need from the state because he remembered when another health care facility had attempted to build in Ocoee. Chairman Swickerath said he thought they had received one. Vice Chairman Linebarier said when the last facility attempted to acquire a Certificate of Need (CON), a committee from Ocoee needed to be established as part of the process. He wondered how this facility could have acquired a CON without such a committee being formed. Chairman Swickerath said it was not necessary for such a committee to be established. Vice Chairman Linebarier said he could understand the City's position with the sewer line agreement but still felt the Planning and Zoning Board should have been involved in the review process of this project. Chairman Swickerath said he felt uncomfortable with a project of this magnitude being rushed through the review process for an 8" sewer line. He said he did not want to see the Page 9 Planning and Zoning Board Meeting June 13, 1989 City go into debt but on the same token felt it would have been better to have more people look over the project. Chairman Swickerath said this would not happen in the future if the Planning and Zoning Board's bylaws were adopted. Discussion on Public Hearings Chairman Swickerath said he had addressed Director Behrens in past meetings about the importance of advertising for public hearings and the fact that the Board requested copies of all such advertisements in their packets so they would be assured proper procedures had been followed. He said the item on Burnden Park tonight was a prime example of the confusion that has resulted from not following through with their request. Chairman Swickerath said nothing on the agenda, and nothing in the packets of information to the Board members, indicated that the Burnden Park item was a public hearing. He asked Director Behrens again if it had been advertised and Director Behrens said he had directed his staff to do so but would have to check with them to make sure. Vice Chairman Linebarier commented that if it had not been advertised, the Board would have to redo the entire Preliminary Plan approval. The Board directed Director Behrens to notify them whether or not it was advertised as soon as he found out. Board member Switzer commented that the Board had indicated in the past that it wanted to request a Workshop with the City Commission in the near future. Chairman Swickerath directed Director Behrens to relay the request for a Workshop at everyone's mutual convenience. After some discussion it was decided that Chairman Swickerath would contact City Manager Shapiro and request that a Workshop with the City Commission and the Planning and Zoning Board members be held sometime before the Planning and Zoning Board's regular July meeting. The Board members indicated that they did not want to specify an agenda but rather leave it open to general dialogue between the two Boards. It was also indicated that the City Manager should be present at the Workshop. Comments from Director of Planning Behrens Director Behrens commented that the extension of the East -West Expressway had begun and mentioned that bulldozers can be seen along Route 50 to the south. He also mentioned that Sawmill subdivision's Phase I had sold out and that Preliminary Plans for Phases II and III had been submitted. Chairman Swickerath reminded Director Behrens that the Developers Agreement addressed that the secondary access into the subdivision off of Hackney- Prairie Road needed to be paved and improved to a "real" road by the time the 175th (Chairman Swickerath was unsure as to the exact number) home was built. Director of Planning Behrens said that issue was one Page 10 Stow Planning and Zoning Board Meeting June 13, 1989 the County needed to work out with the developer. He said the road could be utilized but was unsure as to whether it would be paved since some property owners were creating right -of -way problems. Chairman Swickerath asked Director Behrens to look into the issue and give the Board a status report on where things stand with the road. Director of Planning Behrens told the Board that Harbour Highlands Village I had been bought by developer Bruce Tindle and that work to improve the roadways would begin very soon. He also mentioned that The Hammocks was under construction and that they were grading the roads. Director Behrens said the City was working with an urban forester to try to protect as many trees as possible on the site since it was one of the most beautiful pieces of property in the City. He said so far the City had been able to save three trees that were very old and the developer had cooperated with making some adjustments in order to keep from removing the trees. Vice Chairman Linebarier asked if the City had a tree survey for Burnden Park. Director Behrens said he had already been to the site with the developer and that the developer knew the City's concerns for saving as many trees as possible. likor Director Behrens said representatives from West Orange Hospital were currently looking at four pieces of land between Bluford Avenue and Clark Road on Route 50, both on the north and south sides of Route 50. He said the hospital's favored choice was currently involved in some family litigation and that another site owned by the Zom Corporation which was on the south side of Route 50 was also being strongly considered. Both tracts contained about 35 acres. Chairman Swickerath asked whether 35 acres would be sufficient for what the hospital was planning. Director Behrens said he had not seen any formal plans yet but all indications were that the hospital was very interested in obtaining one of these tracts and therefore must have felt that the acreage was sufficient. Director Behrens said from a planning standpoint, the property south of Route 50 would be ideal whereas the property north of Route 50 would back up to The Hammocks and some other very nice residential property which might result in an unfavorable feeling from those residents. Director Behrens said the City should know more about the hospital's plans on or about July 15. He said for the hospital to qualify for funding, etc., it would need to break ground within a year. Director Behrens notified the Board that the City had a new Building Official, Don Flippen, who had worked in Seminole County in the past. The Board asked about Harvey Nagel and Iktior Behrens said Mr. Nagel was currently working part -time for the Page 11 Planning and Zoning Board Meeting June 13, 1989 City. Director Behrens said a new City Engineer, Jim Shira, would be starting employment with the City on June 26. He said Mr. Shira has been licensed as a professional engineer for 10 years. Director Behrens said he would try to have both gentlemen come to a Planning and Zoning Board meeting in the near future to meet the Board. Director Behrens said staff had given each Board member a pamphlet on the APA and wondered if any of the Board members would be interested in joining the special membership available to Planning Board members. Vice Chairman Linebarier said he had discussed the information he had received in his packet with Commissioner Hager and said he would like to join if the City has the money. Director Behrens said the cost was $35 for each Board member. Chairman Swickerath asked if the City was a formal member of the East Central Florida Regional Planning Council ( ECFRPC). Director Behrens said the City's membership had expired before he came on board but that he made sure the membership was reactivated. Chairman Swickerath felt the ECFRPC membership was much more important but if the City had money left over after joining it, he would be interested in the APA membership. All Board members Now indicated they wanted to enroll in the membership and the alternates as well if the City Commission approved. Director Behrens mentioned that the Planning and Zoning Board needed to start thinking about the subcommittees that would be needed as part of the Public Participation Procedures for the Comprehensive Plan. He also mentioned that the Planning Department would be putting together a newsletter to be mailed to Ocoee residents twice a year to make them aware of the need for public participation and to get them involved in what the City is planning. Director Behrens said he hoped to mail the first newsletter out in approximately 60 days. Director Behrens said the City's proposed Recreational Impact Fee Ordinance had been given to the Board members for their information. He indicated that it had been through first reading at the City Commission level and was scheduled for second reading on June 20. He said a copy was also mailed to all developers. Director Behrens explained that Associate Planner Claman and Recreation Director Beech had devised the districts and plans for recreational facilities. The ordinance would be reviewed each year to look at the fees and how things were going. Chairman Swickerath asked why the fees vary from district to district. He said if they were all public facilities, it would seem to him that all developers would be required to pay the same amount. Director Behrens said the ordinance was based on court tested ordinances Page 12 Planning and Zoning Board Meeting Nhof June 13, 1989 from other jurisdictions and that it was based on rooftops in that district. Chairman Swickerath said he felt it should not be done by districts but rather one fee for all developers regardless of the location in the City. Director Behrens said he was unsure as to the justification for the different fees. Chairman Swickerath directed staff to report back to the Board with more information on the different fees and districts. Director Behrens said he would have Associate Planner Claman report on the background as she could probably explain it better. Chairman Swickerath directed staff to place an item on the agenda for the next meeting to discuss the cul -de -sac or bulb matter with respect to possibly excluding them on collector streets or possibly all together. Chairman Swickerath also reminded staff that the Board wanted a Workshop with the City Commission before the next regularly scheduled Planning and Zoning Board meeting. Vice Chairman Linebarier added that the Board wanted City Manager Shapiro and Planning Director Behrens to attend the meeting as well. After some discussion, Chairman Swickerath said he would call City Manager Shapiro or Mayor Ison to schedule the meeting. There being no further items for discussion, Board member Bond moved to adjourn the meeting, Board member Weeks seconded, and approval was unanimous. ADJOURNMENT: 11 P.M. c. 4 ATTEST: API • / D •UT CLERK RESNIK