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HomeMy WebLinkAboutPZ 05-14-1991 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, MAY 14, 1991 CALL TO ORDER: 7:40 p.m. PRESENT: Chairman Sims; Vice Chairman Shiver; Planning and Zoning Commission members Swickerath, Switzer, Weeks, and Bond; Alternate members Carroll and Rhodus; Director of Planning Behrens and Deputy Clerk Resnik. ABSENT: Planning and Zoning Commission member Linebarier. CONSENT AGENDA Planning and Zoning Commission Meeting Minutes of April 9, 1991 Chairman Sims moved the Arvida item under "Old Business" on the Agenda up for discussion with the minutes of the April 9, 1991 meeting since the two items were related. Commission member Swickerath agreed to amend his motion to state the reworded text that the City Attorney suggested in his May 9, 1991 memorandum. Vice Chairman Shiver moved to approve the April 9, 1991 minutes as ,► revised and Commission member Bond seconded. Upon a vote the motion passed 7 -1 with Commission member Switzer opposed. Commission member Switzer said he is against changing minutes of meetings as long as they actually reflect what occurred at the meeting. Commission member Swickerath said he did not believe they were "changing" the minutes since it was just a rewording of the motion to make it satisfy legal requirements and they were not changing how they voted. Whitehill Subdivision - Final Engineering Commission member Swickerath pulled the Whitehill subdivision item from the Consent Agenda for discussion. Director of Planning Behrens read the staff report. Director Behrens explained that the staff report was in error under the "Background" section in that Phase I of the subdivision would get water supplied by Orange County and not the City of Ocoee. He said Phase II water would be supplied by the City and that the City would provide sewer for both phases. Director of Planning Behrens introduced Neal Hiler, P.E. of Civil Design Group and said he was there on behalf of the City as the City's consulting engineer on the project in the event the fir. Commission members had any questions or wanted to discuss Mr. Hiler's comments further that were attached to the staff report. Director Behrens also read the comments from Mr. Hiler's letter. Page 2 `, Planning and Zoning Commission Meeting Minutes May 14, 1991 It was explained that the second comment regarding the White Road intersection plan no longer needed to be approved by Orange County since it was determined that that portion of White Road was annexed by the City. Vice Chairman Shiver asked if the two water systems would be combined. Domenic Macaione, the developer, said there would be two different systems, but that the City would be handling the billing. Commission member Swickerath wanted to clarify that the City would be handling all the sewer for the project and Mr. Macaione said it would. Commission member Swickerath asked if this arrangement with the water service was agreeable to City staff. Director of Planning Behrens said he assumed so but that he had not been part of that negotiation. Commission member Swickerath asked how the billing would be handled since sewer fees are based on water consumption. Director of Planning Behrens deferred to Mr. Macaione since he was not involved with this part of the development review. Mr. Macaione said there was a system worked out to handle the billing matters for Phase I customers but he was not sure what it was. Chairman Sims said most likely the County will wholesale the water to the City and the City will in turn bill the customers. Commission member Swickerath asked about the turn lanes off of Clark Road and White Road. Domenic Macaione said the deceleration and acceleration lanes off of Clark Road had been agreed upon by himself and the City through the design of Clark Road and that the developer would be responsible for the cost of those lanes. Mr. Macaione said the City was designing and building the turn lanes off Clark Road into the development and the developer would have to pay for all costs associated with that. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked about the lots per acre and whether that figure was calculated using the buildable land or the gross acreage. Domenic Macaione said the smallest lot in the subdivision would be 75' X 110'. Mr. Mohnacky asked whether there would be any recreational land set aside and Director Behrens said there was none and the developer would pay the recreational impact fee instead. Vice Chairman Shiver said he always asks developers what price range of housing will be built and Mr. Macaione said the range would probably be $110,000 - $125,000. Chairman Sims declared a conflict of interest with this agenda item and asked Vice Chairman Shiver to take over the chair for the vote. Vice Chairman Shiver asked the Commission for a motion. Commission Page 3 Planning and Zoning Commission Meeting Minutes May 14, 1991 member Switzer moved to recommend approval of the Final Engineering 'hr,. Plans for Whitehill subdivision, Alternate member Carroll seconded, and approval was unanimous with the exception of Chairman Sims who abstained from the vote due to his conflict of interest. NEW BUSINESS Case No. 1- 4AR- 91:GRIMES Director of Planning Behrens read the staff report. Director Behrens explained that the legal description on the application that came through during the last annexation /rezoning window in November inadvertently left out this part of the overall property. Director of Planning Behrens pointed out in the staff report that the Planning and Zoning Commission needed to take two separate votes on this item: first on whether or not to recommend the annexation of the property and secondly whether or not to recommend the requested rezoning. Vice Chairman Shiver moved to recommend approval of the annexation of the Grimes property, Commission member Bond seconded, and approval was unanimous. Commission member Swickerath moved to recommend rezoning the Grimes property from Orange County "A -1" to "P -S, Professional Offices and Services District" in the City, Commission member Bond seconded, and approval was unanimous. OTHER BUSINESS Public Hearing Requirements in Connection with Rezoning Applications Commission member Switzer said he had mixed emotions on this issue. He feels that items concerning "substantial" issues should be held as advertised public hearings and feels the Arvida issue was substantial. Commission member Switzer said the public should be informed and although there will be a public hearing before the City Commission in the case of the Arvida rezoning, the Planning and Zoning Commission is an advisory board and should have had the public input at that stage of the process before they passed on the recommendation to the City Commission. Commission member Swickerath said that a loophole exists that gives requesters of PUD zoning a privilege that straight zoning categories do not have. Commission member Swickerath also said that he felt that public input was as important to the Planning and Zoning Commission as it is to the City Commission. Page 4 „. Planning and Zoning Commission Meeting Minutes May 14, 1991 There was further discussion on how Planning and Zoning §Ibe requests or recommendations get passed on to the City Commission. Director of Planning Behrens said his employer (the City Manager) had indicated to him that the procedure should be that Chairman Sims put their requests or recommendations in writing. Chairman Sims asked how they are supposed to know what needs to be in writing and what motions automatically get transferred without a memorandum from the Chairman. Director Behrens said a recommendation has more weight if it comes from the Chairman in writing. He said that all policy issues should be what comes from the Chairman. Chairman Sims said he will send a letter and attach the minutes reflecting the vote and a copy of Paul Rosenthal's memorandum. Other Items Director of Planning Behrens asked to discuss a few additional items. He notified everyone that the Orange County Planning and Zoning Board was going to be meeting on Wednesday, May 22, at 9 a.m. to take public testimony on the Orange County Planning Department's response to the Objections, Recommendations and Comments (ORC) Report. Director Behrens said the response was more than 500 pages long. Director Behrens told the board that the ORC Report received by the City was 57 pages long and that Montye Beamer, Administrative Services Director, would be coordinating the work needed to be done before the Comp Plan was resubmitted to the state. Director Behrens said the "team” working on the revisions to the Plan included Montye Beamer; Paul Bradshaw, Foley & Lardner (formerly with the Department of Community Affairs); Ken Hooper and Bob Campbell, Professional Engineering Consultants; Jim LaRue, LaRue Planning and Management Services; and Director Behrens. Director Behrens mentioned a few items that the state had raised in the ORC Report. He said they indicated that there was not an adequate amount of commercial and industrial property to support the residential property. He said the state had classified the City as "rural ", although the state had previously listed Ocoee as an "urban area" with the East Central Florida Regional Planning Council. Director Behrens said staff would be working on a strategy to get the state to formally recognize the City as urban. Director Behrens said about half of the plans being reviewed by the state are being found to be in compliance and the other half are not. ii,.► Page 5 Planning and Zoning Commission Meeting Minutes May 14, 1991 Director Behrens said there is a problem with traffic on State Road 1rr 50 and that Bob Campbell and Paul Bradshaw were trying to develop a strategy to deal with this. Chairman Sims asked if the Planning and Zoning Commission was going to get copies of the ORC Report and the responses being handled by staff. He also asked Director Behrens for more information on what was said about State Road 50. Director Behrens said they classified the roadway at a "D" Level of Service in some areas and explained that that would be acceptable if the City was an urban area but not if it is classified as a rural area. Director Behrens notified the board that the start of construction for Clark Road had been moved to October or November because they were still working on acquiring necessary right -of -way. Chairman Sims asked what the City's position is on vested rights of landowners. He said that Orange County's position was that in order to be vested, the landowner must have pulled a building permit. Director Behrens said he did not know and did not think the City had thought that far ahead yet. Director Behrens also told the board about the West Orange County Four Cities Agreement between Apopka, Ocoee, Winter Garden, and Windermere that was being worked on in an attempt to outline future planning area boundaries. He said there was a map showing the planning areas and that on the northern boundary, Ocoee, Apopka, and the Clarcona homeowners had all finally come to terms with an acceptable boundary. Director Behrens said the Clarcona homeowners' association wanted to be part of Apopka rather than Ocoee. He said the formal agreement was being drafted and would be voted on individually by the four cities. He stressed that these boundaries were planning boundaries and not city limits boundaries. Commission member Swickerath said he felt the Planning and Zoning Commission should have been involved in these meetings. He asked how long this had been going on since this was the first time they were being told about it. Director of Planning Behrens said the four cities have been meeting since last fall. He said that the City is now trying to work with Orange County to agree to go along with this agreement between the four cities. Director Behrens explained that the map was presented to the Orange County Planning Department which in turn forwarded it to the County Administrator. ,,. Director Behrens said that the County Administrator and City Manager Shapiro were both in Pensacola this week at a conference and had scheduled a meeting to discuss this. Director of Planning Behrens said the Orange County Commissioners who represented these areas have also been informed of what the cities were trying to do. Page 6 Planning and Zoning Commission Meeting Minutes May 14, 1991 Chairman Sims asked that Director Behrens bring a copy of the map 1irr to the next meeting along with copies of the ORC Report and any responses that have been prepared. Director Behrens explained that the Future Land Use Map had been submitted showing all the land within the City's planning area that did not have specific plans as single family residential. He said that was done to see how the state reacted and to keep the cost of the land down if it has to be acquired in the future for roadway projects such as the Beltway. He said the Planning and Zoning Commission will have to approve or disapprove of this concept since it is the Local Planning Agency. Director of Planning Behrens said he had put a copy of Orlando's newsletter in each of their packets and hoped they would take the time to read the article on the five components of the Urban Design Element. Director Behrens said he really needs guidance from the board members on what they want the City to look like and what their vision is. He said he is having to make decisions and needs guidance on what they envision for A.D. Mims Road, Clark Road, State Road 50, etc. lillow Director of Planning Behrens said the City also had a new official zoning map and that the board would all receive a copy at the next meeting. Commission member Swickerath moved to adjourn the meeting, Commission member Switzer seconded, and approval was unanimous. ADJOURNMENT: 9:10 p.m. „di .. .... //, ' C'r' - 'T1 SIMS ATTEST: 141 a6 ; t P --- = 1 ' ► •'UTY CLERK RESNIK rip'