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HomeMy WebLinkAboutPZ 09-12-1989 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 12, 1989 CALL TO ORDER: 7:32 p.m. PRESENT: Vice Chairman Linebarier, Board members Bond, Weeks, Sims, Alternate Carroll; Director of Planning Behrens, Associate Planner Claman, Secretary King. ABSENT: Chairman Swickerath, Board member Switzer (excused) Shiver and Alternate Breeze (unexcused). APPROVAL OF MINUTES Board member Weeks moved to approve the minutes of July 27, 1989, August 8, 1989, and August 19, 1989, Board member Bond seconded, and approval was unanimous. NEW BUSINESS Silver Bend - Preliminary Plan Planning Director Behrens began by stating that the project is a proposed single family residential development located just south of Silver Star Road near the intersection of Johio Shores Road. The site consists of about 58 acres and is zoned R-1-AA. 11140 Approximately 181 homes are presently planned for the subdivision which will be served by City water and sewer. The City's Development Review Committee recommended their approval of the Silver Bend Subdivision Preliminary Plan (August 31, 1989). There are no outstanding issues on the staff level. Mr. Behrens stated that Mr. Jerome Feinstein, President, G &F Land Company, Inc., 890 S.R. 434 North, Altamonte Springs, FL (developer), and Mr. William (Sam) Carr, Jr., P.E., Donald W. McIntosh Associates, Inc., 2200 Park Avenue North, Winter Park, FL (design engineer) were present to answer any questions. Mr. Behrens stated that City Staff has worked with the developer and F.D.O.T. to solve the problem of ingress /egress at this site. The decision was made to recommend to the developer an entrance approximately 650 feet to the west of Johio Shores Road. Mr. Behrens commented that his only concern was that the Development Agreement dated August 31, 1988, page 3, paragraph 3 "Access Points ", be modified. In the original agreement it calls for an extended Johio Shores Road and another exit on the west side of the property. The Development Agreement should be modified to show that the access, approximately 650 feet to the west, can take place. The City Attorney should be consulted. Planning and Zoning Commission Meeting September 12, 1989 Page 2 Mr. Behrens stated that he would like to see the Planning and Zoning Commission and the City Commission agree to lock in the intersection to the west of Johio Shores Road; and then whomever develops across the street (old airport property) would share the same access. Vice - Chairman Linebarier stated that the board's concern has been to keep the curb cuts down along that stretch of Silver Star Road due to visibility. Mr. Behrens stated that there would not be an exit at the south side of Johio Shores Road. Mr. Behrens stated that he would recommend to the City Commission that the intersection of Johio Shores Road Extended be moved approximately 650 feet and that the developer continue to have a secondary access point of the west boundary of the property with DOT permission. Mr. Feinstein stated that he was not ready to address the road issue at this time. Vice - Chairman Linebarier questioned what was behind Lots 16 - 20. Does the platted right -of -way go through the proposed Temple Grove Estates subdivision to Silver Star Road, just east of the err► "S" curve? If it is a platted ROW then it would be an advantage to both subdivisions to use it as a secondary access. Mr. Behrens stated that Mr. Carr could check with Charlie True, the design engineer for Temple Grove Estates, since they both work at the same firm. Mr. Carr stated that what was being discussed is a 30 foot platted right -of -way. He stated that he could not comment why the ROW was intact in the area of the south side of Temple Grove. His impression was that the ROW does not go all the way to Silver Star Road. Mr. Behrens stated that Mr. Carr would check with Mr. True about the ROW, and that this issue could be handled at final engineering stage. Mr. Feinstein stated that he would like to see the Development Agreement be reviewed by the City's legal staff to see if there is a modification required to the development agreement so that this project is not held up at final plat. The developer stated that he believes that everyone involved agrees that the road needs to be moved, but that the Development Agreement would be in violation. Mr. Behrens stated that he would correspond with the City Attorney to draft appropriate language that would be agreed upon by both attorneys. Vice - Chairman Linebarier called for a motion, Board member Weeks moved to recommend Approval of the Preliminary Subdivision Plan for Silver Bend to the City Commission subject to moving the S IY access point approximately 650 feet west of Johio Shores Road as shown on the plan, and being approved by the City Attorney and the City Commission, Board member Carroll seconded, and approval was unanimous. Planning and Zoning Commission Meeting September 12, 1989 Page 3 Planning Director Behrens left the meeting. Interim Intergovernmental Coordination Element Associate Planner Claman stated that this Interim Intergovernmental Coordination Element is the last work product due September 30, 1989. This element is based on information from the City Clerk's office and from the City Manager. This work product is to be revised by the Citizens Advisory Committee, Planning and Zoning Board and the City Commission. Tonight's meeting is to answer any of the Board Members' questions and then if the Board is comfortable with the work product as written, it should be recommended for approval to the City Commission at this board's request. After no comments from Board members the following transpired: Vice - Chairman Linebarier called for a motion, Board member Bond moved to recommend approval of the Interim Deliverable Draft Intergovernmental Coordination Element to the City Commission, Board member Sims seconded, and approval was unanimous. OLD BUSINESS Vice - Chairman Linebarier stated to the other Board members that City Staff has revised the City of Ocoee Land Development Regulations book, and that each board member will be receiving a copy from the Planning Department. There being no further items for discussion, Board member Carroll moved to adjourn the meeting, Board member Bond seconded, and approval was unanimous. ADJOURNMENT: 8:10 p.m. 44. AAjtre: ICE- CHAIRMA PINEBARIER ATTEST: SECRETARY RING MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, OCTOBER 10, 1989 CALL TO ORDER: 7:07 p.m. PRESENT: Chairman Swickerath, Vice - Chairman Linebarier, Board members Bond, Shiver, Switzer, Weeks, Alternate Carroll, Planning Director Behrens, Secretary King. ABSENT: Board member Sims (excused) APPROVAL OF MINUTES Vice - Chairman Linebarier moved to approve the minutes of September 12, 1989, Board member Bond seconded, and approval was unanimous. NEW BUSINESS The Hammocks - Request for Discussion of Building Setbacks Planning Director Behrens began by reading the Staff Report of October 6, 1989, and stated that he and the Project Manager Rick Neal had previously discussed the differences in setbacks on corner lots between Orange County and Ocoee. The developer was present along with their builders, asking for a 15 foot side yard setback on all corner lots instead of the current requirement of 25 feet. The staff's recommendation as stated in the Staff Report opposed the reduction of front yard building setbacks on corner lots in R -1 -AAA, R -1 -AA, R -1 -A, and R -1 districts. After having time to think about the request, Mr. Behrens stated that he was not necessarily opposed to the concept to the side yard setback, because after talking to Orange County and Orlando and listening to the developer there is a reason for the difference. Mr. Behrens stated that he would have to hear from the developer and see something visually before he could recommend a 15, 20, or 25 foot setback. He would like to have a site line on streets. (The City's ordinance requires that corner lots have a double front setback. This means that a corner lot has two fronts.) Steve Mellich, CCL Consultants, Inc., 851 Trafalgar Court, Suite 214, Maitland, Florida 32771, representing Sillman Homes (noted later that he represents Sunvest). Mr. Mellich briefly described the layout of "The Hammocks" subdivision, and stated that he heard for the first time that evening, that the City Planner `W, wanted to see a visual, therefore, they did not have visuals Planning and Zoning Commission Meeting October 10, 1989 Page 2 with them. Mr. Mellich stated that actually the development is turning out nicer than what they thought it would be. Mr. Behrens received a letter from Orange County and from the City of Orlando stating that they supported the case, that they recognize the difference in the standard side yard setback, but they are not recognizing it as a double frontage setback. Orange County has one exception that any structure that is built within the rear yard setback of the corner lot needs to be setback off the road. The developer defined the side yard, as well as the county, that the side yard is the narrower portion of the lot, unless of course the garage is a side loaded garage, and then it was Mr. Mellich's opinion, that a side loaded garage should be the setback of the equivalent of a front yard. The longer the demention of the lot is the side. Rob Hanson, 671 Black Hawk Court, Lake Mary, FL, with Emerson Realty and representing the eleven builders that will build in "The Hammocks" subdivision. The eleven builders have contracted 11100- all the lots in the subdivision. There are currently eight (8) pre - sales. The developer did not plan on such a quality home in the area and now they have run into larger homes. The southwest corridor of town is the hottest area in Central Florida for the housing development for the home buyers. The majority of the buyers in Central Florida are looking for a home around $150,000 to $200,000 that Emerson Realty is involved with. The City of Ocoee has now become one of these prime areas for growth. The East -West Expressway coming through and ending close by. The circular beltway which will hopefully happen all the way around. This will bring alot of growth and will be upscale. This should be the beginning of a trend for upscale communities. One of the pre -sale houses which is on a corner lot is $185,000, typically the beginning houses will be 20% lower than the end houses. There are eight (8) pre -sales and four (4) are corner lots. All the houses planned for the corner lots will not fit. The builder is in a situation where they need to restructure deals. Typically, the houses will start at 2,100 or 2,200 sq. ft.; the average beginning house will be $160,000 or $170,000. If the developer and builders can not get the side yard setback changed to 15 feet then the builder will have to go to smaller homes or two -story homes. Mr. Hanson said, "It's going to look like a chest -set with smaller houses on the end. The minimum square footage that could be built is 1,850 (living). All the pre -sales are over 2,100 and 2,200 sq. ft. Planning and Zoning Commission Meeting October 10, 1989 Page 3 Rick Neal, 1101 N. Lake Destiny Road, Maitland, FL, Project Manager for The Hammocks stated that the developer had made some assumptions on the setbacks since Orlando, and Orange County both require 15 foot setbacks. Mr. Behrens stated for the record that in the Ocoee Land Development Regulations Book, the ordinance is on page 19, #7 at the bottom of the page and it reads, "On any corner lot, the applicable front yard setback shall apply to both street frontages. Rick Watson, a resident of Rose Hill subdivision, Orlando, FL, stated that he believed the setback was discovered at the time the plan was being drawn for the subdivision model. The architect that was doing the drawing called the City to verify the setbacks, like they do with Orange County or any other area they are working. At that time the developer was informed that it was a double frontage setback (25' both directions). Mr. Watson notified Emerson Realty about the setback and the situation has progressed to the point it is now. So, after the builder contracted lots to build, he found out about the required doubled frontage setback. Mr. Behrens stated that he would like to see the Planning and Zoning Board make a recommendation to the City Commissioners, and he felt that the ordinance should be ammended only if the consensus of the P &Z Board and City Commissioners was to amend the ordinance for the good of the community. The City Commission could then direct the staff to review, to ammend, and to bring it back for the Planning and Zoning Board's review. Rob Hanson stated that he was involved in a couple other projects located off Maguire Road and that the City would run up on this request again from other developers. R.P. McNackey, 1820 Prairie Lake Blvd. stated the Forest Oaks subdivision was in the same situation. Mr. Behrens read from the Ocoee Land Development Regulations Book "Proposed Amendments and Changes" Section 3, Page 9 (public hearings). Mr. Behrens stated that this is not a variance request, it does not cause a hardship. The Board should look at it and make a recommendation. 4100, Planning and Zoning Commission Meeting October 10, 1989 Page 4 Kim Davis, 230 Darrow Drive, Winderemere, FL stated that if two - story houses go on corner lots then it will set the whole look of the subdivision off. Josh Santanzo, Builder - he feels it is a hardship since he can't build. Chairman Swickerath stated "We are not here to fix deals that were entered into blindly. These items should be discussed during a public hearing. Vice - Chairman Linebarier commented that a short time ago a request to make a change to the code to a smaller setback than what was required was denied and the Board of City Commissioners agreed to deny the request. There should be a workshop on the situation in general for Single - Family and PUD. Mr. Behrens stated that the developer should proceed by filing a proposed change ordinance as stated in Section 3.3, Page 10 of 6r the Ocoee's Land Development Regulations Book. Before any official action can be taken the developer would have to fill out the appliation to change an ordinance. Then the P &Z Board would review and act on the request. Chairman Swickerath stated that since there would be no formal action he would like to get the Board members feelings on the request. Gerald Weeks - no problem with the change Harold Switzer - against the change, but reserved the right to change his mind John Linebarier - against the change Mickey Shiver - no problem with the change Pat Bond - no problem with the change Gary Carroll - no problem with the change, but reserved the right to change this mind Jim Swickerath - his opinion would only be by strict review of all setbacks - he would jealously guard the corner lots The P &Z Commission decided that they would hold a public meeting at the November's regular P &Z meeting, and they would review the application at that time. They requested from City Staff to see a run down of the setbacks of other projects (excerpts from all types of residential construction). Also, they wanted to see Ntir Orlando's and Orange County's requirements. Planning and Zoning Commission Meeting October 10, 1989 Page 5 If a workshop is to be held then it will be Wednesday, October 18, 1989 at 7:30 p.m. and staff shall notify the developers. SPRING LAKE SUBDIVISION - Request for Preliminary Plan Approval Planning Director Behrens bagan by reading the Staff Report of October 4, 1989. The proposed subdivision is located on the south side of A.D. Mims Road at the proposed intersection of Clark Road. It consists of approximately 127 acres and the zoning is R -3. However, the Developer is proposing to build 336 single family homes on the site. Water and sewer would be provided by the City. The Development Review Committee reviewed and approved the Preliminary Engineering Plan on September 29, 1989 subject to the following conditions: 1. Compansating storage calculations shall be submitted during the final engineering plan review that demonstrates the volume of fill placed within the 100 -year flood plane is off set by the vlume of storage provided in the pond. 2. The existing twelve (12) inch force main shall be relocated outside of the stormwater retention and lot areas. A fifteen (15) foot wide utility easement covering the force main shall be dedicated to the City. 3. The developer shall provide right turn decel lanes for the intersection of Street "A" and Street "B" with Clark Road for north bound traffic only. City Staff recommended approval of the Preliminary Engineering Plan subject to the conditions listed above. Bill Stuber, Lochrane Engineering, Inc., 201 South Bumby Aveune, Orlando, FL representing the Owner, stated that there will be a homeowners association to handle maintenance. Barry Goodman, Altamonte Springs stated that the homeowners association will be deeded. Board member Switzer stated that everyone should contribute and pay their fare share. Planning and Zoning Commission Meeting October 10, 1989 Page 6 Board members, city staff and the developer discussed the progress of Clark Road. The main concern was having Clark Road pieced together. What portion of Clark Road is the developer required to build. Are paybacks involved, impact fees? Barry Goodman commented to the Board members that all developers had been approached by the City Manager to put up a letter of credit to put up a bond. Mr. Goodman's recommendation to staff was that they should get with the City Manager to see what he is doing. Vice - Chairman Linebarier moved to recommended approval of the Spring Lake Preliminary Subdivision Plan to the Board of City Commissioners, subject to items 1, 2, & 3 given on the Staff Report of October 4, 1989, and with a provision that City Commissioners seriously consider requiring Clark Road to be constructed in its entirety of four lanes instead of piecemealing two lanes then four lanes. Weeks seconded, and the motion was approved unanimously. RECESS: 8:50 p.m. r CALL TO ORDER: 9:01 p.m. OLD BUSINESS TEMPLE GROVE ESTATES SUB. - Request for Final Plan Approval Planning Director Behrens began by reading the Staff Report of October 5, 1989, and stated that Temple Grove Estates is located on the south side of Silver Star Road just east of Johio Shores Road. The subdivision has a narrow strip that also connects to Good Homes Road on the east side of the subdivision. The zoning for this property is R -1 -AA. As presently designed, the subdivision will have 133 single - family residences located on 52.25 acres. The subdivision will utilize City water and septic tanks. City Staff recommended that the Final Engineering Plan for Temple Grove Estates be approved. Mr. Behrens continued by informing the Board that the entrance is located in the middle of the "S" curve at the request of F.D.O.T. Charlie True, Donald W. McIntosh Associates, Inc. stated that the entrance at the "S" curve had been argued, but the developer lost. F.D.O.T. doesn't want an entrance on a curve. Dedicated park areas were deleted from the plan because the City changed their ordinance on recreational fees. The developer preferred to pay the fees. %kir Planning and Zoning Commission Meeting October 10, 1989 Page 7 Behrens stated for the record: He requested for the Planning Department that the speed limit be lowered from 50 MPH to 45 MPH on Silver Star Road, since there is construction underway on Silver Star Road. Board member Switzer moved to recommend to the Board of City Commissioners that the Final Engineering Plans for Temple Grove Estates be approved. Board member Mickey Shiver seconded, and approval was unanimous. BURNDEN PARR - Request for Final Plan Approval Planning Director Behrens began by reading the Staff Report of October 5, 1989, and stated that Burnden Park subdivision is a 36 acre tract, containing 93 single family units, and is located at the western end of Hackney- Prairie Road, just southwest of the Sawmill subdivision. This subdivision will utilize City water and septic tanks. r City Staff recommended that the Final Engineering Plans for Burnden Park be approved subject to the terms of the Developer's Agreement. Mike Tubbs, the Developer of Burnden Park stated that a wall would be built in front of the cul -de -sac on the south side of Hackney- Prairie Road instead of landscaping. Chairman Swickerath, Vice - Chairman Linebarier, Mike Tubbs, and Montje Plank all discussed the cul -de -sac area, regarding the radius requirement, and the wall to block visiability. They all referred to the site plan as they talked among themselves. Board Member Gerald Weeks moved to recommended to the Board of City Commissioners that the Burnden Park Final Engineering Plans be approved subject to terms of the Developer's Agreement. Board member Mickey Shiver seconded, and the motion was approved by a 6 to 1 vote. Chairman Swickerath voted no, stating that the bulb off Hackney- Prairie Road is still wroung and dangerous and that he felt the road would have alot of traffic real soon. SILVER GLEN - Final Engineering Approval Planning Director Behrens began by reading the Staff Report of `rr October 6, 1989. Silver Glen PUD is Ocoee's first PUD to have reached the Final Engineering stage. It consists of single family homes and is located just northwest of the proposed intersection of Clark and Silver Star Roads. Planning and Zoning Commission Meeting October 10, 1989 Page 8 The Land Use Plan approved on October 7, 1986 includes the provision for fifteen foot (15') side yard setbacks on corner lots having common rear lot lines. This provision and the use of 60 foot wide lots are the only two substantial differences between this development and any other standard subdivision. City Staff recommended approval of the Final Engineering Plans for Silver Glen PUD. Mr. Behrens stated that this is one subdivision where the preliminary plan, three years ago, showed a five acre park and the developer decided to keep it. It is a nice little park that will have public access. One board member stated that item #3 of the Development Order as Approved by the Board of Commissioners dated October 7, 1986, did not include the provision for improving Clark Road to a four lane road, as stated in other projects Developer's Agreements. Mr. Behrens read item #3 in its entirety. It was discussed that the language was similar to other Developer's Agreements. %bo" Jim Mehta, representing U.S. Homes, stated that they have been discussing with the City how to handle the whole situation, and that Mr. Shapiro (City Manager) would have the City Attorney draw up a document that would go out to all developers, and those documents would be sent back by the developers to Mr. Shapiro. Jim Mehta stated later that the subdivision would have a mandatory homeowners association. Behrens stated for the record that there is a large oak tree that one of Ocoee's citizens has a great concern over. The City has worked with the developer. The developer assured Mr. Behrens that all provisions possible will be taken to preserve that oak tree. Vice - Chairman Linebarier moved to recommend to the Board of City Commissioners approval of the Final Engineering Plan of Silver Glen PUD subject to the provisions of the Development Order of October 7, 1986, and that City Commissioners should seriously consider four laning Clark Road from A.D.Mims to S.R. 50. Seconded by Gerald Weeks and the motion was approved unanimously. Planning and Zoning Commission Meeting October 10, 1989 Page 9 PLANTATION GROVE WEST - Request for Final Plan Approval Planning Director Behrens began by reading the Staff Report of October 6, 1989, and stated that Plantation Grove West PUD is a 46 acre development containing 125 single family homes. It is located on the west side of Maguire Road, just south of the Florida Turnpike. City Staff recommended that the Planning and Zoning Board approve the Final Engineering Plans for Plantation Grove West PUD. There was a brief discussion (between the Chairman and Planning Director) regarding the private streets in the subdivision. Mr. Behrens stated that the streets had been decided to be private streets after a discussion at a Development Review Committee meeting, when Mr. Shapiro, City Manager stated that he did not want the liability of the roads. The City would not have to maintain the road if they are private streets. Mr. Behrens continued by stating that he did not think that having private streets would start a trend. He believed that part of the decision was that there was not a through street, therefore, no need for the City to maintain the streets, if there was no public access. At the developer's request the concept for the development all along had been to have a more private situation. Mr. Behrens thought that that was part of the City Manager's decision. Gary Carroll moved to recommend to the Board of City Commissioners that the Final Engineering Plan for Plantation Grove West PUD be approved. Board member Switzer seconded, and approval was unanimous. OTHER BUSINESS VACATION AND ABANDONMENT OF STREETS AND EASEMENTS Distributed to each P &Z Board member was a draft copy of the "Vacation and Abandonment of Streets and Easements" ordinance drafted by Jim Shira, City Engineer. The Board members were requested by Mr. Behrens to review and take action on the draft ordinance at the next regular scheduled Planning and Zoning Meeting. The City Engineer and City Attorney decided that the City needed an ordinance that would set a procedure for vacating streets. On page 3, under #6(b)and (c,) Mr. Behrens called attention to the two sections. There is a provision in each one of the paragraphs for a public hearing. Mr. Behrens asked them to decide if they wanted a public hearing at P &Z stage or leave it at the City Commission stage. Planning and Zoning Commission Meeting October 10, 1989 Page 10 NEWS LETTER Planning Director Behrens stated that 4,132 news letters were mailed out to the Citizens of Ocoee and that there had been a tramendous response from volunteers for the sub - committees. A cut -off date of October 16, 1989 has been decided, and at the next City Commission meeting of October 17, 1989 the volunteers for each sub - committee would be present. Chairman Swickerath congratulated Bruce on the newsletter, saying that the newletter was short, sweet, consise, easy to read, graphicly handsome, and covered some really good issues. Bruce stated that he was proud of his department, and he appreciated the thanks. Behrens stated that a little booklett had been worked -up on goals and objectives and policies of the sub- committees. Mr. Switzer stated that what got everybodies attention was the map and list of projects. Mr. Behrens stated that Janet Resnik, Administrative Secretary was the one that put the map together. %mow SEMINARS Mr. Behrens mentioned to the Board members that there will be alot of workshops in Orlando, and Orange County on the comprehensive plan, and if any Board member is interested in attending a workshop the Planning Department would try to work with them if they wanted to go. The planning department has a limited budget, but would see what could be done. OCOEE LAND DEVELOPMENT REGULATIONS BOOR The updated Ocoee Land Development Regulations Book (updated June, 1989 with Gold Cover) was distributed to the members of the Planning and Zoning Board. UPDATE: Across from Food Lion on the north side of Silver Star Road is a beautiful stand of old Oak trees. The City is fighting very hard and working with DOT to save those trees. Planning and Zoning Commission Meeting Nifty October 10, 1989 Page 11 Sawmill - There is a beautiful stand of old Oak trees that were unable to be saved, because (as Behrens commented) he came in to the picture too late to save them. It was already permitted through the process and some of those trees will be lost. These trees were over looked in the shuffle between the old planning department staff to the new planning department staff. The Hammocks - the brick wall and landscaping on their little stretch of road out front will be over $100,000.00. There are good custom homes being built. Hospital - this will be a medical mall. Arbor Health Care Center - They made a decision to go ahead with the 120 bed project. The dollars were real close and they called the City Manager to tell him that they decided to go with the project primarily because of the relationship they had established with the City's Staff. FORMING OF SUB - COMMITTEES Mr. Behrens informed the P &Z Commissioner that there would be a Special Planning and Zoning Commission Meeting at 6:30 p.m. on October 17, 1989 with the Board of City Commissioners to discuss sub - committees for the Comprehensive Plan Elements. When the sub - committees are formed, because of the nature of the responsibilities of the sub - committees in formulating the goals and objectives and policies, staff would like to recommend that the Planning and Zoning Board member and the City Commission members, not allow themselves to become the head of the sub- committees. i1r� Planning and Zoning Commission Meeting October 10, 1989 Page 12 ADJOURNMENT Shiver moved to adjourn, seconded by Board member Bond and the motion was approved uanimously. Meeting Adjourned at 10:03 P.M. 4, ' �' N SW CKE ` ATH ■ ATTEST: SECRETARY K NL MINUTES OF THE PLANNING AND ZONING COMMISSION WORKSHOP HELD ON WEDNESDAY, OCTOBER 18, 1989 The meeting was called to order by Chairman Swickerath at 7:35 p.m. He made note for the record that there was a quorum. PRESENT: Chairman Swickerath, Planning and Zoning Commission members Switzer and Sims, Alternate member Carroll, Director of Planning Behrens, Deputy Clerk Resnik. ABSENT: Vice Chairman Linebarier and Planning and Zoning Commission members Shiver, Bond, and Weeks. Chairman Swickerath reminded everyone that this was a Workshop Session in order to discuss the issue of building setbacks and that no votes would be taken. Director of Planning Behrens said the City of Ocoee's building requirements differ from Orlando and Orange County. He said there was a development in the City that had sold lots to a series of builders who were under the assumption that the building setback requirements were the same in Ocoee as they are in Orange County and Orlando. Director Behrens said the builders suddenly realized that the side lot setbacks for corner lots were more in Ocoee and they requested that the City take a look at these requirements and possibly reduce them. Director Behrens said it was his decision %we to take it before the Planning and Zoning Commission for discussion. He said the City was required to put in place land use regulations for the Comprehensive Plan and since some conflicts or changes are arising, he felt the Planning and Zoning Commission needed to discuss this. Chairman Swickerath asked if the developer or builders had filed a petition requesting a change in the ordinance and Director of Planning Behrens said they had not because he did not feel they were quite at that point yet. Chairman Swickerath said he was under the impression that the developers wanted something done right away but that this was just a workshop and as far as he was concerned, the City was not going to rush into any decisions about this. He thought the developer would file a petition so that he could get his answer within 45 days. Chairman Swickerath said if the setbacks were changed, the issue of whether or not the change would be retroactive would also have to be decided. He asked Director Behrens if he had checked on this point with the City Attorney. Director Behrens said he had not consulted with the City Attorney on this because he felt the philosophy had to be ironed out first. Sow Page 2 Planning and Zoning Commission Workshop %ftr October 18, 1989 Director of Planning Behrens said staff wanted to see the City regulations coincide - where possible - with other jurisdictions such as Orange County so that this sort of assumption or confusion would not happen in the future. Director Behrens then asked to hear from the developers in the audience. Chairman Swickerath said the Planning and Zoning Commission had already heard from the developers at the last meeting and first wanted the Planning and Zoning Commission to discuss the issue. Chairman Swickerath said he wanted to make two points: #1: Just because Orange County does it, that doesn't mean it is good or right or better than how we do it. #2: The developers errored in not reading the Land Development Regulations Book. He said the setbacks may need to be changed, but not necessarily for the developers who have already been through the process. Member Switzer said he feels changing the regulations at this point would set a dangerous precedent because the builder is asking for `fir• a reduction in a requirement that they should have known about. He said lessening the requirement just because the builder or developer asked for it would be setting a very serious precedent. He said he was not against discussing changing the requirement, just that he was against it under these circumstances. Alternate member Carroll said he did not have a problem with the 15 foot versus 25 foot setback but agreed with Member Switzer that the change should not be made to alleviate a problem for the Hammocks. Rick Neal, Developer representative for the Hammocks, said the zoning on the Hammocks property in question is R -3 with a minimum lot width of 70 feet. He said most of the lots are 80 -85 feet in width but that they still will not be able to fit the size and type (one story) house that they want to build on the corner lots with the 25 foot side yard requirement. Chairman Swickerath said the developer knew or should have known about this requirement from the start and therefore, should have planned the development with this in mind. Member Sims said it did not bother him how the issue was brought to the Planning and Zoning Commission's attention. He felt the Planning and Zoning Commission needed to concentrate on the issue Sof of the side setback on corner lots rather than how it was brought to their attention. Page 3 Planning and Zoning Commission Workshop October 18, 1989 Chairman Swickerath asked Director of Planning Behrens to explain the purpose of a setback and Director Behrens said there were several reasons for setbacks including aesthetic purposes, open space, and safety. Member Switzer said he lives across the street from two corner lots, both of which empty onto a main street. He said it is convenient to have the extra space to pull out into the street and he sees the setbacks in this regard as a safety factor. Rob Hansen of Emerson Realty said he had done a study on the safety aspects of side yard setbacks on corner lots and this was not proven to be a determining factor of safety for motor vehicles. Chairman Swickerath said it was not necessarily the safety of the automobiles that he was concerned about, but moreso with people, or more importantly children, on bicycles, etc.. Director of Planning Behrens said he did not see Chairman Swickerath's argument. Chairman Swickerath said the builders could get around the square r footage problem by building two story homes and that he did not see anything wrong with two story houses. Rob Hansen disagreed and said that a subdivision does not have aesthetic appeal with two story houses on all corner lots. He said it gives the look of a chess set and that two story homes are also not in demand. Tom Page, representing Arvida, said he had checked with other municipalities and that Seminole County allows less of a side yard setback on corner lots if the developer designates where the driveways are going on the plat. Mr. Page said Arvida would not consider building two story homes on the corner lots of its Ocoee subdivision that is currently in the development review stage. Director of Planning Behrens asked Mr. Page what price range the homes would sell for in this proposed subdivision and Mr. Page said there was basically two price ranges: $150,000 - $200,000 and $180,000 - $230,000 or $240,000. Mr. Page said his company has done many other developments in various areas in Florida and has never had this requirement before. Ken Davis, a Windermere resident and Hammocks builder, said they had put together a videotape that reviews what they would like to do. Mr. Davis said his intentions were good and was only asking for consideration. Page 4 %ow Planning and Zoning Commission Workshop October 18, 1989 Chairman Swickerath said that he felt the reasons for setbacks were to provide access between buildings and to provide a site distance where there was an intersection of two streets. Chairman Swickerath said that Ocoee Hills Road was a good example and that it was never intended to be the collector road that it has become. He said children on bicycles make it a safety hazard for people turning onto the road. He said setbacks also can provide for the layout of a subdivision so that all houses are not lined up in a row. Chairman Swickerath suggested that perhaps the 25 foot site line could be upheld with a 15 foot side yard. He said this could only be done if there was sewer rather than a septic tank and if the area of impervious surface does not exceed the regulations. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said he agreed on the safety aspect. He said a four -way stop sign might also be considered if the requirements are lessened to 15 feet. He said he felt the regulations varied from city to city and that the developers must realize that there would be different regulations for each area or %Iwo Rick Neal commented that the R -3 section of the Land Regulations Book did not address the side yard setbacks for corner lots and that it was under Open Space. He suggested that the book be rearranged in order to make the requirements more clear to the developers. Chairman Swickerath said frequently these books have different requirements in different sections and that developers need to read the entire book and become familiar with all the sections and regulations. Member Sims said from the chart that was included in the packets, it looked to him as though the City was requiring a bigger home on a smaller lot if compared to Orange County and Orlando. He asked if open space requirements were studied in comparison to Orlando and Orange County and was concerned that the City was not encouraging more green space or open space. Director of Planning Behrens said he had not had a chance to research that aspect. Member Sims said it should be studied to make sure we are not encouraging less open space. Chairman Swickerath said there was information on the chart under "Lot Coverage ". Member Sims said the City also needed to look at its philosophy on open space. Steve Mellich, Site Engineering, said the Hammocks was an example of a subdivision with more than an average number of corner lots but even so, replacing the 25 foot setback with a 15 foot requirement would only lessen the open space by 2% (48% vs. 46 %). Page 5 Planning and Zoning Commission Workshop October 18, 1989 Director of Planning Behrens said the issue is whether or not to reduce the side yard setbacks on corner lots and whether or not it is in the best interest of the community. Director Behrens said safety has to be a factor in the decision but that marketing considerations should also be involved. He said that other local governments have not seen a problem with the smaller setback. Member Sims asked Mr. Mellich what size home the builders were looking to build and Mr. Mellich said somewhere in the neighborhood of 2,400 square feet. Member Sims asked how large of a single story house could be built on the corner lots. Mr. Mellich said probably about 1,600 square feet which would not sell in this subdivision because people are looking for a larger, single story home. There was discussion about some of the contracts for homes that had already been entered into and that these homes were well over 2,000 square feet and more than $180,000. The builders said a single story home with about 1,600 square feet would probably sell for $90,000- 95,000. Member Sims said his reason for bringing up this point was to show that the tax base would be larger if the City were to allow 15 foot versus the 25 foot side yard setback on corner lots. RECESS: 9 p.m. CALL TO ORDER: 9:15 p.m. Chairman Swickerath reminded the Planning and Zoning Commission members that there was a public hearing scheduled for Tuesday, October 24, with a fallback date of Thursday, October 26. He suggested that members call the Planning Department to indicate whether or not they would attend the meeting on the 24th since there were other meetings scheduled in the City that conflicted with the day and time. The developers then showed the videotape they had put together and the meeting adjourned at its conclusion. ADJOURNMENT: 9 :30 p.m. ti I 41 A, L& ,C 'I. ICKERATH _ ATTEST: Nor 1 6 - 40 / 16- k - - ) PUTY CLERK RESNIK MINUTES OF THE SPECIAL PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, OCTOBER 24, 1989 CALL TO ORDER: 7:30 P.M. PRESENT: Chairman Swickerath, Board member: Switzer, Sims, Weeks, Shiver, Alternate: Carroll, Planning Director Behrens, Senior Planner Harper, Secretary King. ABSENT: Vice - Chairman Linebarier, Board member: Bond (excused) Note: Mr. Carroll would be a voting member of the Commission. NEW BUSINESS CASE NO. 2- 1CR- 89:HELLER Manning Director Behrens pointed to a map showing the location of the property and stating that Parcel #1 is a 27.4 acre tract located at the southwest corner of Tomyn and Maguire Roads. Parcl #2 is a 30.4 acre tract located immediately east of Tract #1. across Maguire Road and extending up to the Expressway on the north and east. Mr. Behrens read the Staff Report of October 18, 1989. The City Staff recommended that the petitioner's request to rezone the two subject parcels to "C -3, General Commercial District" be granted. A copy of the "Plantation Grove Feasibility Study" dated March. 25, 1988 was distributed to the staff and members of P &Z, for their review and information by James Ferdinand when appeared in opposition to the petitioner's rezoning request, as discussed below. Charlie True, McIntosh and Associates, 2200 Park Avenue North, Winter Park, FL, representing Heller Brothers stated that their request for a zoning change came about 6 to 8 weeks ago when a meeting was called between the representatives of the Turnpike Expressway Authority, the City of Ocoee, City Engineer, engineers for those two authorities, and Heller Brothers. They basically discussed their major interchange between the Turnpike and the Western Bypass. The Turnpike and Expressway Authority's main concern was with Tomyn Road, they would basically cut it off entirely. They wanted to know if Heller Brothers would be willing to divert Tomyn Road down to Maguire Road south of its present intersection point. Heller Brothers basically said that they did not have any objections in diverting the intersection, but if they were going to provide this kind of impact, then Heller did not feel that having R -1 -A adjacent to a major interchange would be the best use. Special Planning and Zoning Commission Meeting October 24, 1989 Page 2 Glenn Jackson, spokesperson for Heller Brothers Corporation stated that they were basically coming back with the request they had made in July, 1986. The public hearing was open to anyone to speak in favor of the zoning application, there was no response. The public hearing was open to anyone that wanted to speak in opposition. James Ferdinand, Principal in Phoenix Development Group, 390 Maitland Avenue, Altamonte Springs, FL, stated that he was responsible for The Hammocks subdivision on White Road and for East -West Plantation Grove that is located south of the subject property. Dr. Ferdinand wanted to clarify a few things and present a few historical recaps on what happended in the Maguire Road corridor over the last three years and bring some important things to the attention of the Board. Basically, Dr. Ferdinand was present to oppose the rezoning for two reasons. First, he felt that it was untimely and insensative to the present land available for commercial development south of the turnpike in the Maguire Road Corridor. Secondly, he felt that it violates the intent of the previous City Staff recommendations which formulated a land use plan for the Maguire Road Corridor. He requested that the Planning and Zoning Commission that they consider rezoning the subject property to Planned Unit Development (PUD). After no further comments for the public, the public hearing was closed. Board member Gerald Weeks stated that the C -3 classification made good since. He could not see having industrial or residential in this area. Voting Alternate Gary Carroll moved to recommend to the Board of City Commissioners that "C -3" zoning be approved as requested. Board member Weeks seconded. The motion was ammended to say, with the C -3 zoning the only curb cut on Maguire would be at Tomyn Road, if any shopping centers are developed then the cars will have to turn off Maguire onto Tomyn Road. The amended motion was approved unanimously. RECESS: 8:40 P.M. CALL TO ORDER: 8:47 P.M. Special Planning and Zoning Commission Meeting October 24, 1989 Page 3 CASE NO. 2- 2CR- 89:HELLER Senior Planner Harper pointed to a map showing the location of the subject property and stated that it is a 32.7 acre parcel situated at the southeast corner of Maguire Road and Professional Parkway, next to the Emergency Care facility. Staff recommended that the petitioner's request to rezone the subject parcel from "R -3" and "C -3" to "I -1" be granted. Mr. Charlie True, McIntosh & Assocites, 2200 Park Avenue North, Winter Park, FL, representing the Heller's stated that the property north of the turnpike would be hi -tech industry and not an open yard facility. The Public Hearing was opened for public participation. After no response in favor or opposition, the public hearing was closed. Two of the Planning and Zoning Commissioners stated that they felt the land could be put to better use. They would like to see %ww it zoned P -S (Professional Services). Board member Harold Switzer moved to recommend to the Board of City Commissioners that "I -1" zoning as requested by the petitioner be approved. Board member Michael Sims seconded. The vote was 5 to 1 in favor, Chairman Swickerath voted against. CASE NO. 2- 4ACR- 89:BROWN Senior Planner Harper pointed to a map showing the location of the subject property and stated that it is a 127.9 acre parcel situated on S.R. 438 (Franklin Street) and Bowness Road. Mr. Harper read the Staff Report of October 18, 1989. The Staff recommended that the petitioner's request to annex the subject property be granted but recommended against re \oning the entire tract "I -1. The Staff recommended that portion west of the subject parcel west of Bowness Road be granted "I -1" zoning, and, that the portion of the subject property situated east of Bowness Road be rezoned to "A -1, Agricultural - - Ocoee" which is consistent with its present wetlands function. Special Planning and Zoning Commission Meeting October 24, 1989 Page 4 Representing the owner was Mr. Floyd Whiddon, Larry T. Ray & Associates, Inc. (engineerings and planners), 501 East Jackson Street, Orlando, FL. He spoke of the area, the current zoning, and briefly discussed his client's reasons for submitting the present annexation and rezoning request. The public hearing was opened for public participation. No persons appeared to favor the petitioner's request. Beverly Jefferson, 1989 E. Christopher Drive, Winter Garden, FL, appeared in opposition to the request. She stated that she lived in a well established neighbor just to the west of the subject property. Ms. Jefferson had several concerns with the request for "I -1" zoning. They are as follows: noise intrusion, the unkept railroad, danger of industrial chemicals, and if granted, industrial uses would be only 50 feet between residential homes. She had talked to Beltway Authorities about the Beltway going in to the east of the subdivision where she and her family has lived for 35 years, and through the west portion of the applicants property. There are existing trees between their homes and the beltway. Marlene Jefferson, 1989 E. Christopher Drive, Winter Garden, FL, stated that she objected to the requested zoning of "I -1 ". This homeowner hears the noise from Florida Auto Auction, which wakes her up on Saturday mornings. Another concern is the drainage runoff. The railroad is poorly maintained and is used two times a day and considering the conditions of the tracks she was concerned with someday an accident occuring in this industrial area. Joe Mack, 508 Dunbar Avenue, Winter Garden, FL, stated that he objected to the requested zoning of "I -1" and that the other speakers covered his concerns. He left the board with a thought to ponder: "What would the board members think if someone told them that a piece of property was going to be rezoned close to their homes, but would tell you later what was going to be built there." After no other response from the public, the public hearing was closed. Mr. Whiddon stated that there was about 11 or 12 acres that would be developed on the west side of the proposed Beltway. After some discussion by staff and Board members regarding the language l ow of a motion, it was suggested that the P &Z Board was made to go with "C -2" zoning west of Beltway right -of -way, and let the developer work out preservation of the wetlands property east of Bowness Road. Special Planning and Zoning Commission Meeting October 24, 1989 Page 5 Mr. Behrens asked the speakers, that were in opposition to the "I -1" zoning, if they had a problem with "C -2" zoning just on the west side of the Beltway. They answered that they would not oppose a "C -2" zoning. Alternate voting member Gary Carroll moved to recommend to the Board of City Commissioners that the subject property be annexed into the City of Ocoee as requested by the petitioner. Board member Harold Switzer seconded, and the motion was approved unanimously. Alternate voting member Gary Carroll moved to recommend to the Board of City Commissioners that "C -2" zoning west of the proposed Beltway, "I -1" zoning east of the Beltway and west of Bowness Road, and "A -1" zoning east of Bowness Road be approved. Board member Harold Switzer seconded. The motion was approved unanimously. CASE NO. 2- 5CR- 89:FMB DEV Senior Planner Harper pointed to a map showing the location of the property and stated that the subject property a 6.3 acre parcel, located on the west side of Lake Johio Road, 550 feet north of Silver Star Road, from Orange County Single Family Residential to "R -1 -A" for Parcel #1 and "R -1 -AAA" for Parcel #2, Single Family Residential Districts. Mr. Harper read the Staff Report of October 18, 1989. And, stated that Staff recommended that the petitioner's request to rezone to "R -1 -A" and "R -1 -AAA" be granted. The public hearing was opened for public participation, but after no response either in favor or in opposition to the petitioner's request, the public hearing was closed. Board member Mickey Shiver moved to recommend to the Board of City Commissioners that Parcel #1 be rezoned to "R- 1 -AA ", and Parcel #2 be rezoned to "R -1 -AAA" as requested by the petitioner. Board member Michael Sims seconded, and the motion was approved unanimously. CASE NO. 2- 6ACR- 89:MIZO Senior Planner Harper pointed to a map showing the location of the property and stated that the subject property is a 50.9 acre parcel located north of White Road and east of Clark Road. Nib "' Special Planning and Zoning Commission Meeting October 24, 1989 Page 6 Mr. Harper read the Staff Report of October 18, 1989. The Staff's recommendation was to grant the petitioner's request to annex the parcel into the City of Ocoee and rezone to "R -1 -A ". The public hearing was opened for public participation. No persons appeared either in favor or in opposition to the petitioner's request. Mike Goerling, 1961 Clark Road, Orlando, FL, wanted to know if his house was on the subject property (indicated as the black square outparcel on the map that was sent out to all surrounding property owners). Mr. Harper confirmed that the black square was his house, but that his land was not under consideration as part of the petitioner's request for annexation and rezoning. Mr. Goerling stated that he had no objection to the petitioner's request but that he was present at the meeting to find out more of what was going on around his property. After no other response from the public, the hearing was closed. Board member Gerald Weeks moved to recommend to the Board of City Commissioners that the petitioner's request for annexation into the City of Ocoee be approved. Alternate voting board member Gary Carroll seconded, and the motion approved unanimously. Board member Gerald Weeks moved to recommend to the Board of City Commissioners that the petitioner's request for "R -1 -A" zoning be approved. Board member Mickey Shiver seconded, and the motion approved unanimously. OTHER BUSINESS NOVEMBER'S REGULAR PLANNING AND ZONING COMMISSION MEETING Planning Director Behrens informed the Planning and Zoning Commissioners that the November 14, 1989 Regular Planning and Zoning meeting would need to be rescheduled for earlier in the evening. A Special City Commission Meeting had been scheduled for the First Reading of the Second Phase Annexation and Rezoning requests. After a brief discussion the P &Z Commissioners agreed to hold the regular meeting at 6:00 p.m. on November 14, 1989. Special Planning and Zoning Commission Meeting October 24, 1989 Page 7 SIDE SETBACKS FOR CORNER LOTS Planning Director Behrens stated that the property procedure for is for an amendment to go before the Planning and Zoning Commission for their recommendation to the Board of City Commissioners. It does not have to be done by the developer, it is simply an amendement to the ordinance. The Planning Department will initiate the action of a text amendment. ADJOURNMENT Board member Mickey Shiver moved to adjourn, the motion was seconded, and approved unanimously. ADJOURNED: 10:00 P.M. —/I f , , 1 li l A • A 1 111 _._ Aj ' AN S ICKERATH ATTEST: SECRETARY KING MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, NOVEMBER 14, 1989 The meeting was called to order by Chairman Swickerath at 7:30 p.m. PRESENT: Chairman Swickerath, Vice - Chairman Linebarier, Members: Switzer, Shiver, Bond, Weeks, Alternate member: Carroll, Director of Planning Behrens, Secretary King. ABSENT: Member: Sims (excused) APPROVAL OF MINUTES Commissioner Shiver moved to approve the minutes of the October 10, 1989 Regular Planning and Zoning Commission Meeting, Commissioner Bond seconded, and approval was unanimous. Alternate Carroll moved to approve the minutes of the October 18, 1989 Planning and Zoning Commission Workshop, Commissioner Switzer seconded, and approval was unanimous. Commissioner Switzer moved to approve the minutes of the October 24, 1989 Special Planning and Zoning Commission Meeting, Alternate Carroll seconded and approval was unanimous. NEW BUSINESS, CANDLEWOOD SHORES SUBDIVISION - Final Engineering Plans Planning Director Behrens began by reading the Staff Report of November 10, 1989, and stated that Candlewood Shores is located between Johio Shores Road and the proposed Clark Road, and immediately north of Lake Johio. The site consists of about 53 acres, 146 units, and is zoned R -1 -A with R -1 -AAA along Lake Johio. The City Staff recommended that the Final Engineering Plan for Candlewood Shores be approved. Chairman Swickerath questioned whether the traffic issues that were discussed at preliminary plan review, such as stacking, and citizens crossing Clark Road onto Tracts B, C, & D had been addressed. Mr. Behrens commented that he felt the traffic issues had been addressed and that Mr. Atwood was present to discuss it. Wayne Atwood, the Developer of Candlewood Shores stated that Tracts B, C, & D were not really designated recretation areas. The new recreational impact fee on these particular lands are n rendered useless, he said. They can be used of course according to the zoning of the R -1 -A zoning. There may be some future use for the land. There will be no reason for having any concern about residence going from Candlewood Shores over into these tracts because there won't be any tracts. 14111"' Planning and Zoning Commission Meeting November 14, 1989 Page 2 Mr. Behrens stated that the developer has an option under the new ordinance to designate the land or pay the recreation impact fee. Mr. Behrens thought that Mr. Atwood was going to pay the recreation impact fee for Candlewood Shores. Chairman Swickerath stated that he would be against Mr. Atwood developing Tracts B, C, & D as Single- Family homes since some places are 100 feet deep. Mr. Atwood stated that those tracts were created by Clark Road, not by him. Mr. Behrens stated that just south of Tract "B" is a five acre park which has been dedicated to the City by Silver Glen Subdivision. The City is working with Mr. Atwood to try and get him to let the City use Tracts B, C, & D as a combination park with the five acres from Silver Glen to create a small neighborhood park. There has been no final decision at this time. Chairman Swickerath commented to the board members that they should think about what could happen after Clark Road is developed. The property to the west of Clark Road in some places is only 100 feet deep, and he feels it is not enough space for development of residential homes. Also, curb cuts should be minimized on Clark Road. Mr. Swickerath stated that he wanted to encourage Mr. Atwood to go 50/50, dirt versus dollars to discourage development of the tracts west of Clark Road. Monjte Plank, Site Engineering Consultants, Inc., 405 Douglas Avenue, Suite 2405, Altamonte Springs, FL the engineer for Candlewood and Richfield Subdivisions. Mr. Plank stated that the lift station for both subdivisions is located in the Richfield Subdivision. Mr. Plank also stated that the retention pond (Tract "A ") in Candlewood was redesigned to achieve proper drainage. The City Staff and Bill Fogle, the City's consulting engineer with Civil Design Group are satisfied with the retention pond. Mr. Plank stated that a traffic study had been prepared and there was an estimate of five car stacking. Another question the traffic study covered was that the study did not require turn lanes at Johio Shores Road and Street "A ". But, Mr. Plank did say that there would be left and right turn lanes onto Johio Shores Road from Street "A ". There are no decel lanes on Johio Shores Road. The only accesses to Candlewood Shores will be Johio Shores Road and Clark Road. Mr. Atwood stated that the average prices of the homes will range from $90,000 to $130,000. Homes around the lake will range around $200,000. The average square footage will be 1,800 to 2,200. Planning and Zoning Commission Meeting November 14, 1989 Page 3 Vice - Chairman Linebarier moved to recommend to the Board of City Commissioners that the Candlewood Shores Final Engineering Plans be approved. Alternate member Carroll seconded, and the motion was approved unanimously. WESMERE SUBDIVISION - Final Engineering Plans for Phase I Planning Director Behrens began by reading the Staff Report of November 10, 1989. Wesmere is located on the west side of Maguire Road, just south of the Florida Turnpike. The property is zoned R -1 -AA and R -1 -AAA, single - family residential. As presently designed, this subdivision will have four phases. Phase I will have 116 single family homes located on approximately 52 acres of the total 230 acres. The City Staff recommended that the Planning and Zoning Commission recommend approval of the Final Engineering Plans for Wesmere Phase I. Tom Page from Arvida was present and he stated for the board that Phase I would include the spine road all the way to Roberson and Street "0" the road to the Lift Station. He also stated, that construction for Phase II may start before June, 1990, depending on the market. P &Z Commissioner Switzer questioned Mr. Behrens on how City Staff could recommend approval of the Final Engineering Plans with the plans showing 17.5 foot setbacks? The City currently requires 25 foot setbacks and until the City Commission changes it Wesmere will have to go with the 25 foot setback. After a lengthy discussion between the P &Z Commissioners and Planning Director Behrens the understanding for changing the setbacks would need to be recommended by the Planning and Zoning Commissioners and approved by the City Commissioners before Wesmere could make their changes. Chairman Swickerath stated that he would like to suggest that the P &Z Board table the Wesmere plan indefinitely, and not bring this particular issue back up until such time as either A) the developer elects to abide by the existing ordinances with the setbacks that are in place at this time, or B) the P &Z Board recommends that the City Commissioners hold a public hearing to take appropriate action to change side yard setbacks. Mr. Behrens stated that the developer had commented that they would build, given the setbacks that they have, but they would prefer to have the setbacks reduced to 17.5 feet from the required 25 'y,,, foot setbacks. Planning and Zoning Commission Meeting November 14, 1989 Page 4 P &Z Commissioner Shiver moved to recommend to the Board of City Commissioners that the Final Engineering Plans for Wesmere Phase I be approved per existing ordinances (that includes a 25 foot setback for the side street). Seconded by Carroll. Vice - Chairman Linebarier asked that the motion be with the provisions that if the setbacks changed that they bring the Final Engineering Plan back. Mr. Shiver continued by commenting that if the developer wants a change then they could come back and ask for a change in their approval, or they might not even have to ask. Mr. Behrens stated that the developer could proceed with 25 feet or wait for 17.5 feet. It is the developer's option. Chairman Swickerath stated that a motion was on the floor to approve the subdivision plans as submitted with the exception that there is a 25 foot setback per the existing code for the side street. The motion had been seconded and the call for the vote was a 6 to 1 with P &Z Vice - Chairman Linebarier voting ern against the motion. Planning Director Behrens asked Tom Page if there were any other deviations from the code that he was aware of, other than the 17.5 foot setback? Mr. Page stated that the plans were engineered to meet the current setback and the only thing that was not changed was where it stated the side street setbacks and that should have been changed, but it was not. Mr. Linebarier stated that he understood Mr. Page to say that he would not wait to begin development for possible 17.5 foot setback. Mr. Page agreed that he would not wait for the 17.5 foot setback. LANDSCAPE - SCREENING BUFFER REQUIREMENTS FOR SMALL SUBDIVISIONS Planning Director Behrens began by reading the Staff Report of November 10, 1989. The issue was whether or not the Landscape - Screening buffer requirements for small subdivisions abutting arterial or collector streets should be modified? The Staff's recommendation was to ammend Appendix B, Subdivision Code Requirements for Builders, Article 7, Improvements, Section 7.6 Landscape or Screening Buffers, Subsection 7.6.1 Screening Requirements to read: "A form of screening shall be provided to separate residential subdivisions from abutting or external collector streets when there are more than two side or rear yards abutting an arterial or collector street." Planning and Zoning Commission Meeting November 14, 1989 Page 5 Mr. Behrens stated that he had invited Mr. David Milton to speak on behalf of small subdivision developers. Mr. Milton is a small subdivision developer, and at this point has four lots, one of which is abutting Bluford Avenue. This requirement would cause him to have some kind of buffered screening with the one lot that has the side yard on Bluford Avenue. Another example of a small subdivision is on White Road. There are two cul -de -sacs that Mr. Alton Julian built which have twelve houses and thirteen houses. In those cases there was no screening or buffer required. Staff feels that in some cases of smaller subdivisions it would be appropriate not to have anything at all. City Staff doesn't want to see a City of walls. Behrens stated that after a meeting of the Development Review Committee it was agreed that it would be appropriate to have some kind of situation where smaller subdivisions would not be required to have a buffer. The DRC felt it would be best to be specific, so that small subdivisions would be exempt from this provision, but larger subdivisions where they have more than two houses with side yards or rear yards facing the collector would Sow be required to have some kind of screening. Mr. Behrens stated that what he wants to avoid is a situation like a vacant lot on Bluford as in Mr. Milton's case, where there are other houses that abut Bluford that have no buffering whatsoever, and suddenly the City requires the next lot, a vacant lot, (a subdivision) to put up some kind of screening. Mr. David Milton, 21 West Ohio Street, Ocoee, FL, stated to the P &Z Commissioners that he had a small subdivision plan in for review with the City a little while ago, but had nothing to show for it. He continued by stating that he would like to get an access onto Delaware Street for his little subdivision. Mr. Milton was aggrevated with the subdivision requirements, and after commenting he left the meeting. After a lengthy discussion Alternate member Carroll moved to recommend to the Board of City Commissioners that they accept the recommendation as written in the Staff Report of November 10, 1989. Recommendation: "Amend Appendix B, Subdivision Code Requirements for Builders, Article 7, Improvements, Section 7.6 Landscape or Screening Buffers, Subsection 7.6.1 Screening Requirements to read: "A form of screening shall be provided to separate residential subdivisions from abutting or external collector streets when there are more than two side or rear yards Itibe abutting an arterial or collector street." Seconded by Shiver and the motion was approved by a 5 to 2 vote with Vice - Chairman Linebarier and Chairman Swickerath voting against. ern Planning and Zoning Commission Meeting November 14, 1989 Page 6 RECESS: 8:45 p.m. CALL TO ORDER: 9:00 p.m. SIDE SETBACK REQUIREMENTS FOR CORNER LOTS IN SINGLE FAMILY SUBDIVISIONS Planning Director Behrens read the Staff Report of November 10, 1989. The issue was should the Planning and Zoning Commission recommend a change in the City Zoning Code which would allow 15 foot setbacks (instead of the now required 25 foot setbacks) on corner lots in single family subdivisions? The Ocoee City code requires that corner lots in single family subdivisions have a 25 foot building setback from local street rights of way. Open Space, "on any corner lot, the applicable front yard setback shall apply to both street frontages ". The applicable front yard setback is 30 feet in R -1 -AAA districts and 25 feet in R -1 -AA, R -1 -A, and R -1 districts. Staff's recommendation was to recommend that the Ocoee City Code be changed to read: "In all residential districts, no structure shall be erected closer than fifteen (15) feet from a side street lot line or any intersecting street right -of -way. The side of the lot with the greater dimension is the street side yard." The City received written request for the change from Sunvest Development Corporation, McElyea Construction, Inc., and the Arvida Company all of which supported the 15 foot setback on corner lots. Alternate member Carroll moved to recommend to the Board of City Commissioners that the Staff's recommendation be approved to change the Ocoee City code to read: "In all residential districts, no structure shall be erected closer than fifteen (15) feet from a side street lot line or any intersecting street right -of -way. The side of the lot with the greater dimension is the street side yard." Commissioner Bond seconded. Chairman Swickerath stated that he wanted to give each member a chance to express his or her thoughts. They were as follows: Mickey Shiver: No comment at the time, but reserved the right to comment later. Gary Carroll: No comment at the time, but reserved the right to comment later. '' Planning and Zoning Commission Meeting November 14, 1989 Page 7 John Linebarier: Against the motion, because he could not see the reasoning behind changing the subdivision ordinances. This was the first time a developer had asked for this change, except for a P.U.D. The only reasoning he could see behind the request is that the particular developers want to build a larger one - story house and sell it for more money. Bruce Behrens stated that he looks at the situation differently and that is when a developer comes into the City, analyzes the market, designs a subdivision thinking that they knew the market pretty well, and then during the process the market changed. Then the developer goes to the City and states that the market has changed and would like to have the City's help in helping the developer capture the changing market. Mr. Behrens stated that the board should look at this and see what would happen if the City amended the City Code. Is the City simply accommodating the developer, or is the City working with the developer to build a more attractive community and more marketable community? Gerald Weeks: No problem with the 15 foot setback. Pat Bond: No problem with the 15 foot setback. She would like to see larger homes in the area. Harold Switzer: Against it Jim Swickerath: A 25 foot setback has a real purpose and he thought that it was to see around a corner and see traffic and children on bicycles close to the parked car lane. On the other hand, he understood the pressures on the builders to develop more gracious homes, and that it would be kind of difficult considering the setback requirements. Chairman Swickerath stated to the Board Members that he would like to recommend that the Board consider a hold for the 25 foot front yard setback. Also, there would be a 45 degree corner so that a person could see around that corner, and in essence 10 feet back from the front side yard, let the 15 foot side yard come into affect that the developers are requesting. Swickerath would like to modify the developers request to keep in effect old visual site line benefits from the ordinance as it is currently written. And, allow the house to project out 10 feet closer to the side yard, 10 feet back from the front yard setback. Which is basically a 45 degree angle. Harold Switzer stated that he had no problem with the 15 foot setback, but what really got to him was how the developers came to the board asking for a change after they discovered that the rules are a little different here in Ocoee. Planning and Zoning Commission Meeting November 14, 1989 Page 8 The call for the question came and the original motion was not to be amended by Mr. Carroll. The vote was 4 to 3 in favor of the Board of City Commissioners to approve the side yard setback on corner lots to 15 feet. Voting against was Harold Switzer, Vice - Chairman Linebarier, and Chairman Swickerath. Mr. Lou Roeder, Phoenix Development Group, commented on the discussions made during the evening. Mr. Roeder also commented that as far as having the 45 degree diagonal at the corner of the street, for the purposes of seeing around the corner, there is nothing in the Subdivision Regulations that says a homeowner can not put in a hedge 6 feet high all the way within 10 feet of the street after the home is built. When coming to a corner, you can not see so the side yard setback does not help. Chairman Swickerath stated that he would like to look at that at another time. OTHER BUSINESS Mr. Behrens distributed to the Board Members a memorandum dated October 31, 1989, on the Joint Session with the Recreation and Open Space /Conservation Citizen's Advisory Committee. This Joint Session will be held to discuss these Elements on Thursday, November 16, 1989 at 7:30 p.m. ADJOURNMENT A motion was made to adjourn, it was seconded, and approved unanimously. The meeting adjourned at 9:40 p.m. /► ,1 Al ./ I " CHAIRMAN SW C RATH ATTEST: Ilkow SECRETARY KING J 1-011W MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, DECEMBER 12, 1989 The meeting was called to order by Chairman Swickerath at 7:30 p.m. PRESENT: Chairman Swickerath, Vice - Chairman Linebarier, Members: Switzer, Shiver, Sims, Alternate member: Carroll, Rhodus, Director of Planning Behrens, Secretary King This was Darlene Rhodus' first meeting, she replaced Tom Breeze after he resigned October 4, 1989. ABSENT: Members: Weeks & Bond (excused) APPROVAL OF MINUTES Commissioner Switzer moved to approve the minutes of the November 14, 1989 Planning and Zoning Commission Meeting, Commissioner Carroll seconded, and approval was unanimous. NEW BUSINESS:: • , PRAIRIE OAKS SUBDIVISION - Preliminary Plans Planning Director Behrens began by reading the staff report of December 5, 1989, and stated that Prairie Oaks subdivision consists of seven single family residential homes on 2.67+/ - acres. Located just north of A.D. Mims Road and just west of Forest Oaks subdivision. The zoning is R -1 -A, and the property will be served by city water and septic tanks (sewer is not available in the area). Staff recommended approval of the Preliminary Engineering Plans for Prairie Oaks subdivision. Staff approves of all requested waivers with the exception of the sidewalk on A.D. Mims Road. Behrens stated that every effort should be made to continue the sidewalk along A.D. Mims Road. The length of the sidewalk requested would be the length of the one lot. Behrens continued by stating that he would like to see the sidewalk from property line to property line. It should be standard through out the city. The city may need to come back with a sidewalk assessment. The next item discussed was whether or not the P &Z Board would approve the developer's waiver request to reduce the cul -de -sac code requirement from 55 to a 50 feet radius. The paved radius portion of the cul -de -sac, however, would remain as specified by the code at 45 feet. Behrens explained that the reduction was requested because the developer's engineer has stated that the `„ volumetric capacity would be too small without a reduction in the size of the cul -de -sac. Along with the Seaboard Coastline Right - of -Way the developer has a problem creating the seventh lot with the requirement for the volumetric sizing of the retention area. Planning and Zoning Commission Meeting December 12, 1989 Page 2 Commissioner Shiver stated that the required 45 feet paved turn- around radius is enough room for current fire trucks. But, if tower trucks are used in the City then a tower truck will not make a 45 foot radius. There is no problem with these trucks backing out. Mr. Eldon Ward, Owner /Developer, 7737 Clementine Way, Orlando, Florida was present and commented on his request for waivers. Three "waivers" requested: 1. no sidewalk on A.D. Mims Road, 2. no sidewalk along western side of Prairie Lakes Avenue, and 3. reduction in cul -de -sac radius from 55' to 50' with paved portion of cul -de -sac to remain at code requirement of 45'. The 5 feet radius reduction around the cul -de -sac will result in a smaller green but this is necessary to insure that the retention pond works sufficiently. Commissioner Sims stated that there would be a low probability that the property owner to the west would knock down his house and develop his land, so there should be no necessity for a future developer to the west to call for Mr. Ward to put in a sidewalk. Mr. Ward stated that the septic tanks had been approved by Orange County according to the plan under review. Commissioner Sims stated to Mr. Ward that for his information, drain fields and septic tanks have setbacks from retention pond and the distance is determined by the pond being wet or dry. Because of the distance shown on Lot "7" and Tract "A" may be a problem. There could be a possibility of losing one lot. Commissioner Linebarier moved to recommend that the Planning and Zoning Commission approve the preliminary plan for Prairie Oaks subdivision with the exception of the two waivers that were requested. Linebarier suggested that the first waiver which reduces the 55' to 50' radius be referred to the Board of Adjustment with the recommendation that it not be approved. And, that the request for a waiver of the sidewalk on the west side of Prairie Court, and the north side of A.D. Mims Road also be disapproved. Seconded by Carroll with request for discussion. Alternate Commissioner Carroll recommended amending the motion to strike the Planning and Zoning Board's recommendation of not approving the waiver of the radius. Seconded by Rhodus. The amended motion was voted on with a 4 to 3 vote in favor. Voting no was Linebarier, Shiver, & Sims. %kW Planning and Zoning Commission Meeting December 12, 1989 Page 3 Chairman Swickerath stated to the Board Members that the recommendation on the floor was that the City Commissioners approve the Preliminary plan for Prairie Oaks contingent upon: 1) the Board of Adjustment reviewing the radius of the cul -de -sac, 2) Planning and Zoning wants sidewalks on both sides of Prairie Court, and 3) Planning and Zoning wants the sidewalk on the north side of A.D. Mims Road. Vice - Chairman Linebarier stated that his objection to the waiver of the sidewalk on the west side of Prairie Court is that the developer is the one building the cul -de -sac, and the policy of the City is that if you build the street, you build the sidewalks and the curbs. Swickerath stated that there has been a presidence on the Planning and Zoning Board not requiring sidewalks on both sides of a road. Commissioner Sims recommended that the P &Z Board recommend that the City Commissioners grant the waiver of the sidewalks on the * 4trie west side of Prairie Oaks. The builder of the other side when they come in can build their own sidewalk. The sidewalk on the east side of Prairie Oaks would stop at the beginning of the cul- de -sac at the end of Lot 7 (common line of lot 7 and the retention pond). Sims stated that the developer would have to dedicate the right -of -way along the frontage for the sidewalk. Commissioner Sims moved to recommend to the Board of City Commissioner that the sidewalk on the north side of A.D. Mims be extended and exclude the sidewalk on the west side of Prairie Oaks. Let the Board of Adjustment deal with the issue of the cul -de -sac. Commission Shiver seconded, and the motion was approved unanimously. Chairman Swickerath called for the question on the motion that was amended twice. He stated the amended motion had been seconded and the motion read as follows: The Planning and Zoning Board recommended approval of Prairie Oaks subdivision to the Board of City Commissioners contingent upon, #1) The Board of Adjustment reviewing the question of the radius of the cul -de- sac, #2) The developer being required to put a sidewalk in on the north side of A.D. Mims Road across the entire frontage of his property, per staff report, and #3) Delete the requirement for a sidewalk going westerly around the cul -de -sac and then south back to A.D. Mims from the north property line of Lot #7. The call for the question came and the motion was approved unanimously. Planning and Zoning Commission Meeting December 12, 1989 Page 4 WESTLAKE PHASE III - Preliminary Engineering Plans Planning Director Behrens began by reading the staff report of December 6, 1989, and stating that Westlake Phase III has three outstanding minor points that will need to be addressed at Final Engineering. Commissioner Sims declared a conflict with the project and Chairman Swickerath stated he wanted him to participate in the discussion. The following items are three minor comments to be address at final design: 1. The 20' utility easement between Lots 23 & 24 must extend to the Lift Station. 2. The proposed gravity sewer along Seminole Street shall be a minimum of 7.5' south of the north easement line. '' 3. When driveways are constructed along Blackwood Avenue and Seminole Street, provisions must be made to maintain the proposed drainage patterns. Alternate Commissioner Carroll questioned whether the drainage easement was proposed or if in fact it is going to be there. The developer stated that the drainage easement is a proposed easement and has not been recorded to date. The purpose of the easement is to save the trees on the single- family lots. The developer wanted to get approval before it is recorded. Alternate Commissioner Carroll recommended to the Board of City Commissioners to accept staff's recommendation to approve the preliminary subdivision plan. Switzer seconded, and the motion was approved unanimously. RECESS: 8:30 P.M. CALL TO ORDER: 8:39 P.M. LAKENDON COMMERCIAL SUBDIVISION - Preliminary Engineering Planning Director Behrens read the staff report of December 6, 1989, and stated that this project has two conditions of approval that shall be addressed at Final Engineering review: Planning and Zoning Commission Meeting December 12, 1989 Page 5 Conditions of Approval: 1. LaKenDon will go through a flood study to determine the 100 year elevation of this property during final design, and that study will be the basis for all compensating storage calculations. 2. This development will connect to the sanitary sewer system through the Town Square Mall (Walmart Shopping Center). Determination of who has the responsibility for the maintenance of the sanitary sewer system behind Walmart will be made prior to Final Engineering. The developer will obtain any easements necessary to connect to the sewer system. Commissioner Sims moved to recommend to the Board of City Commissioners to accept the staff's recommendation for approval. Seconded by Carroll and the motion was approved unanimously. Mr. Don McIntosh stated that they were agreeable to the conditions of . approval. OTHER BUSINESS NEW PROJECTS IN THE REVIEW PROCESS: Good Homes Plaza - Shopping Center on corner of Good Homes Road and Hwy. 50. Commissioner Switzer stated to Staff that there is a West Highway 50 Study the city has and it should be reviewed when these projects are looked at. ADJOURNMENT The motion was made to adjourn, it was seconded, and approved unanimously. The meeting adjourned at 9:00 p.m. A CHAIRMAN SWICKERATH ATTEST: SECRETARY KING