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HomeMy WebLinkAboutPZ 09-10-1991 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 10, 1991 CALL TO ORDER: 7:35 p.m. PRESENT: Vice Chairman Shiver; Planning and Zoning Commission members Carroll, Weeks, and Bond; Alternates Rhodus and Bateman; Director of Administrative Services Beamer, Director of Planning Behrens, and Deputy Clerk Resnik. ABSENT: Chairman Sims and Planning and Zoning Commission members Swickerath and Switzer. CONSENT AGENDA Planning and Zoning Commission Meeting Minutes of August 13, 1991 Planning and Zoning Commission member Carroll moved to approve the Planning and Zoning Commission meeting minutes of August 13, 1991, Alternate member Rhodus seconded, and approval was unanimous. NEW BUSINESS Twin Lake Forest Addition - Preliminary Subdivision Plans Director of Planning Behrens read his staff report in its entirety. He explained that staff was in agreement with the developer's request for a waiver on the maximum amount of feet allowed between intersections because -with this subdivision representing infill development, it was harder to accomplish this requirement. Director Behrens said staff was satisfied with the two access points to the subdivision and did not feel the added length between intersections would cause a problem in this particular case. Director of Planning Behrens pointed out that Michael Todd, the project engineer, was in the audience if the Board had any questions. Vice Chairman Shiver opened the public hearing. There were no public comments. Vice Chairman Shiver then closed the public hearing and opened the discussion for the Commission members. He asked what the distance was between fire hydrants and Mr. Todd said 500 feet. Director Behrens said that Capt. Coschignano of the Fire Department had reviewed and approved the plan for that purpose. Page 2 Planning and Zoning Commission Meeting Minutes Sloe September 10, 1991 Planning and Zoning Commission member Carroll asked what the purpose was for the five foot easement on Lot 20. Mr. Todd said he was unsure but that it may be a side yard utility easement. There was some discussion on the 10 foot easement on Lots 17 and 18 and the fact that there was not an easement on Lot 21. Commission member Carroll moved to recommend approval of the Twin Lake Forest Addition Preliminary Plan pending clarification of the five foot easement on Lot 20 at Final Engineering, Commission member Weeks seconded, and approval was unanimous. OLD BUSINESS 1991 City of Ocoee Comprehensive Plan Goals, Objectives, and Policies and Supporting Data (Draft) Administrative Services Director Beamer reminded the Planning and Zoning Commission of the June 18, 1991 Joint Workshop that they had with the City Commission to discuss the major issues of the State's Objections, Recommendations, and Comments (ORC) Report. Director Beamer said staff has since incorporated all the changes mentioned in the ORC Report and was now ready to present the Comprehensive Plan with these changes to the Planning and Zoning Commission as the Local Planning Agency (LPA) for its recommendation for approval. She said the Plan will be presented to the City Commission on September 18 for formal adoption and then sent on to the State. Director Beamer said staff wants to include any comments that the Planning and Zoning Commission members or public may have when it goes before the City Commission. Administrative Services Director Beamer said the City is trying to get the plan in compliance by adding the specificity that the State required but that they tried not to change the overall direction of the Plan while incorporating those changes. Director Beamer then reviewed the changes. She said the City of Ocoee is in the process of trying to achieve an "Urbanized" status rather than the "Urban" status it now has with the State. Director Beamer explained that this would help the City better meet Level of Service (LOS) standards for transportation. She said the City would be making application for the change in status to the Florida Department of Transportation by November. Administrative Services Director Beamer said another change that the City Commission wanted to incorporate was to limit trip generators at intersections on future development. The new language would specify that only two quadrants (corners) of an Page 3 Planning and Zoning Commission Meeting Minutes September 10, 1991 intersection could be developed as gas stations or other development that creates considerable traffic trips. She said the new policy was outlined in Section 1 of the Plan, on Page 52 (Policy 6.8). It was explained that this was also being done to help with LOS requirements. Administrative Services Director Beamer said concurrency management will also help curb uses on future development of land because the LOS standards set must always be adhered to. Planning and Zoning Commission member Bond asked why gasoline stations were specifically denoted since there were other types of businesses such as fast food restaurants that she felt generated even more traffic. Director of Planning Behrens said the City Commission had strong feelings about more than two gasoline stations at an intersection and that tonight was the first time he had heard fast food establishments mentioned. He said that could be added if the City so desired. Planning and Zoning Commission member Bond said she was not asking to have fast food restaurants added since she did not believe that there should be any limiting at all, but was merely curious as to why gasoline stations were the only businesses outlined. Director Beamer also noted that there were several maps still in the process of being developed when the Plan last came before the Boards. She pointed out that there was now an Existing Land Use Map, a Future Land Use Map, Existing and Projected Water Lines Map, and Existing and Projected Wastewater Lines Map for them to review. Administrative Services Director Beamer then asked the Planning and Zoning Commission members to turn to Section 12 in the Plan. She said the Existing Land Use classifications were based upon the current use of the property and that vacant land was either classified as committed, meaning there was development approval on the land, or undeveloped. On the Future Land Use she explained that staff had incorporated wetland areas and "cones of influence ", designated areas around well sites where no development can take place. Director Beamer said this is detailed in Section 1, Page 49, Policy 4.10. Administrative Services Director Beamer said that Section 1, Page 43, Policy 1.11 depicts the general land use categories as needed. In reference to the fourth item under Future Land Use on the summary matrix, Director Beamer said it was addressed in Section 1, Page 19. The fifth item under Future Land Use dealt with how the City would control urban sprawl. Director Beamer said staff had provided that information in Section 1, Page 46 as Policy 2.9. Page 4 Planning and Zoning Commission Meeting Minutes September 10, 1991 The State also asked the City to describe building setback limitations for protection of flood plain and wetlands. Director Beamer said this was incorporated in Section 1, Page 48, as Policy 4.3. Administrative Services Director Beamer outlined the rest of the items listed under Future Land Use that the State had commented on in the ORC Report and explained where they could be found in the Plan: DCA Comment City's Response (Location in Plan) Preparation of Section 1, Page 20 drainage basin plans Low density residential Section 1, Page 41 -42, Policy 1.2 land use is shown within wetlands and flood plains. Develop policy to protect wetlands and flood plains from development Annexation policy should Section 1, Page 45, Policy 2.5 be more specific (Staff has now added in the technical requirement of state law based on concurrency - the ability to support that land use.) Buffer zones for protection Section 1, Page 50, Policy 6.1 of residential areas are not specific TRAFFIC CIRCULATION Revise LOS standards to Section 2, Page 44, Policy 6.4 LOS C for principal (This is also where the City's arterials and LOS D for application for being designated minor arterials and local an "urbanized" area fits in.) roads Building setbacks and Section 2, Page 42, Policy 3.2 right -of -way and 3.4. The right -of -way requirements must be requirement for arterials was included in policies. changed from 150 to 130 feet. Policy required to Section 2, Page 40. control access to roadways. Page 5 Planning and Zoning Commission Meeting Minutes September 10, 1991 SANITARY SEWER Define LOS for Section 4, Pages 6 and 7. service area. Must include analysis This is discussed on Page 18 of of existing and Section 4 but the best discussion projected capacity is under the Conservation Element. based on soils survey for limitation on use of septic tanks. Requirement for a policy Section 1, Page 46, Policy 2.9. to address failing septic tanks or limit areas for new septic tanks. DRAINAGE Define LOS standards. Section 4, Page 18. These have been incorporated based upon the 25 year, 24 -hour storm event. It has also been incorporated on Page 20 in Policy 1.3 and 1.4. Inventory of all The City did not originally include existing drainage this in the Plan because we did not facilities not included. have it. Page 20, Objective #2, details when the City plans to complete the basin studies. POTABLE WATER Requirement for policy Section 4, Page 18, Policy 2.18. to implement water This shows the inclusion of water conservation devices. conservation and it is also covered in the Conservation Element. Define LOS standard. The City did not have this information when the Plan was first presented to the State but that information can now be found in Section 4, Page 5 (Derivation) and Page 16, Policy 1.2.1. Nifty Page 6 Planning and Zoning Commission Meeting Minutes September 10, 1991 CONSERVATION Define timeframe for Section 5, Page 41, Objective #9. adoption of hazardous ( Timeframe for coordinating with waste program. Orange County.) Define type and extent This is as discussed before in an of buffers for protection earlier element, Page 38, Policy 6.2 of endangered and rare species. Define how the City will Section 5, Page 29. (Discussion of protect water resources. adoption of revised Land Development Regulations.) Describe timeframe and Section 5, Page 36, Policy 2.4. procedures to limit septic tanks in developments and redevelopments in flood plains, wetland areas adjacent to lakes and in areas with soils unsuitable for septic tanks. OPEN SPACE AND RECREATION Define open space Page 25, Policy 1.3.1 (Inclusion of requirements for land 5% open space in Land Development development regulations. Regulations as a minimum in all development projects.) Administrative Services Director Beamer said the only other thing she wanted to mention was about the Capital Improvements Element (Section 8). Director Beamer said that there were not necessarily any major changes, but that a great deal of information had been added, especially regarding funding. Director Beamer mentioned the various impact fees that would be utilized to make the improvements necessary to keep up the required Levels of Service. She also mentioned that the City would be adopting an Interim Service Fee to be collected at the time of Certificate of Occupancy. Director Page 7 Planning and Zoning Commission Meeting Minutes September 10, 1991 Beamer said that the fee was being created to cover the cost of services that were provided by the City to newly developed land that was developed after the tax rolls had closed for the year, so that there would be a structure in place to ensure that the City had the funds to provide the necessary services before the property was put on the tax rolls at its newly assessed value. Planning and Zoning Commission member Bond asked what other cities had established interim service fees. Director Beamer said that Oakland Park in South Florida had such a fee. Vice Chairman Shiver opened the public hearing on the Comprehensive Plan. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if every home in Ocoee would have to tie into the sewer system if a sewer line was installed near enough to a subdivision that was already on septic tanks. Mr. Mohnacky said he was specifically interested in Forest Oaks where he lived. He wanted clarification on whether there had to be a problem with a septic tank or whether the City could require a home or entire subdivision to hook up to the City's sewer system once a sewer line was installed in an area. 1119 4111, Administrative Services Director Beamer said for new development, when capacity is available, homes must be connected to the sewer system and that the existing homes on septic tank will not be required to change over to the sewer system unless their septic tanks fail. Louis L. Roeder, President of Phoenix Development, 2001 Mercy Drive, Orlando, said he was very impressed with the overall Comprehensive Plan document and that a lot of work had gone into it. As a developer, Mr. Roeder wanted clarification on some of the issues. He asked about the buffer zones on Page 2 of the Future Land Use Element and wanted to know if a parcel of residential land abutted a parcel of commercial land, if the buffer mentioned was 25 feet for each property, or 25 feet total. Director of Planning Behrens said the 25 foot buffer would be required of the non- residential parcel, to buffer that from the residential, but that there were no requirements for the residential parcel for that buffer. Mr. Roeder asked about the Level of Service for sewer and water and said that he noticed that for water it was 300 gallons but for sewer it was only 270 gallons. He said he thought they were usually the same. Ken Hooper of PEC replied that they are usually the same but that they used those particular figures because those were the figures they got through the various computations and they wanted to have provable figures if the state asked them to back them up. Page 8 Planning and Zoning Commission Meeting Minutes September 10, 1991 Mr. Roeder asked for a definition of open space for the 5% requirement that Director Beamer had mentioned earlier. He specifically asked what part of a typical single family lot would be considered open space and what would not. He also wanted to know why the City was requiring this since it already had a recreational impact fee. Administrative Services Director Beamer said that the Land Development Regulations would incorporate a definition of open space and explain the policy. Director of Planning Behrens referred to the Recreation and Open Space Element, Section 6, Page 11, for the definition. Vice Chairman Shiver asked if a sidewalk would be included as open space. Mr. Roeder said he felt that the requirement was overly restrictive if it did not allow for retention ponds, rights -of -way, etc. to be classified as open space. He said the City with this policy is making single family development very cost prohibitive. Mr. Roeder questioned the Future Land Use Map, specifically in reference to their property on Maguire Road, and wanted to point out that the five acres north of the proposed realignment of Moore ,, Road was shown as residential although that conflicted with the plans that were approved in 1988. Mr. Roeder handed out a map showing their existing approved land use and said it showed commercial down to Moore Road. Mr. Roeder said he was concerned with the Future Land Use Map as it was shown and his concern was specifically with the commercial acreage. He said he had been assured by the City that there would be no more property zoned commercial south of the Turnpike and east of Maguire Road. He also said the proposed realignment of Moore Road leaves roughly five acres north of the road and he has been told by the City that if the Maguire Road Corporation ends up with this land, it can not be used as commercial. Mr. Roeder said the Maguire Road Corporation thinks it should be changed to show single family use rather than commercial. Planning and Zoning Commission member Bond asked Administrative Services Director Beamer and Director of Planning Behrens why it was shown as commercial. Director Behrens said that staff believes the realignment of Moore Road is necessary and that the map is not site specific but that staff is indicating that commercial has been approved in that area. Planning and Zoning Commission member Carroll said that the City had a right to realign Moore Road if it made sense for good planning. Mr. Roeder said he did not have a problem with realigning the road, just that they did not want it to show commercial on that five acres north of Moore Road. Mr. Roeder Page 9 Nirr Planning and Zoning Commission Meeting Minutes September 10, 1991 again emphasized that he had a letter from the City assuring that there would be no more property zoned commercial south of the Turnpike and east of Maguire Road. He handed out a letter signed by the City Manager and indicated that this was the letter he was referring to. Alternate member Bateman said it was true that landowners or developers buy and sell land based on the City's colored map so he agreed with Mr. Roeder that if the map was approved, it would indicate that the City would approve commercial for that property. Director of Planning Behrens said this was really an issue between two developers. Director Behrens said staff believes it should be commercial at the corner. He said, in fact, that if Mr. Roeder's firm ends up with this five acre piece that the two developers are arguing over, he will have to do a Comp Plan Amendment to allow for commercial to go there. Mr. Roeder said they would not have to do a Comp Plan Amendment if they annexed it into the existing PUD as long as the overall commercial acreage does not change (in number of acres already approved). Director Behrens said he would check , with the City Attorney to find out if a Comp Plan Amendment would still be necessary. Vice Chairman Shiver asked if the City elects to sell land classified as governmental, would a Comp Plan Amendment be necessary. Director Beamer said it would. Dr. James Ferdinand, 2001 Mercy Drive, one of the owners of the Plantation Grove PUD, said he felt Director Behrens' comment was saying to the Planning and Zoning Commission that if they changed the map they would be conceeding something to the developer and he does not believe that to be the case. Dr. Ferdinand said the City should have clarified the use of this land a long time ago and that they were not asking for any concessions. Director Behrens said the City had not gone against any agreement and that no additional commercial had been approved south of the Turnpike and east of Maguire. He stressed again that the Future Land Use Map was not a site specific map. Planning and Zoning Commission member Carroll asked why the Future Land Use Map could not be changed to designate the five acres as residential but keep the realignment as is. Administrative Services Director Beamer said from a Planning standpoint, Moore Road should be realigned and then the five acres left north of Moore Road would not be adequate for a residential site.