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HomeMy WebLinkAboutPZ 10-08-1991 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING 14 rrr HELD ON TUESDAY, OCTOBER 8, 1991 CALL TO ORDER: 7:30 p.m. PRESENT: Planning and Zoning Commission members Swickerath, Carroll, Switzer, and Weeks; Alternate member Bateman; Director of Planning Behrens, Planning Consultant LaRue, and Deputy Clerk Resnik. ABSENT: Chairman Sims, Vice Chairman Shiver, Planning and Zoning Commission member Bond and Alternate member Rhodus. Planning and Zoning Commission member Swickerath presided over the meeting as Chairman since neither the Chairman nor the Vice Chairman were in attendance. CONSENT AGENDA Planning and Zoning Commission Meeting Minutes of September 10, 1991 fir• Chairman Swickerath recommended that the approval of the September 10, 1991 minutes be postponed since there were only three members present who were at the September meeting. He felt that there should be a quorum of members present who were at the September meeting before voting on those minutes and the other members concurred. NEW BUSINESS Case No. 1- 9R- 91:AUTO AUCTION, Applicant: Florida Auto Auction, Inc. Director of Planning Behrens read the staff report in its entirety. Ludwig Spiessl, 5150 S. Florida Avenue, Lakeland, representing the petitioner, said the Florida Auto Auction was seeking the rezoning of the 30 acres to allow for additional parking of auction vehicles. Rob McKey, 1110 Wineberry Court, Ocoee, was interested if there were any trees on the site that would have to be removed for a parking lot and what conditions the Auto Auction would have to meet concerning environmental factors. Chairman Swickerath said eventually, if the Auto Auction was granted the rezoning, it would have to submit plans for review by the City and obtain a permit from the St. Johns River Water Management District. Chairman Swickerath explained that those things would not occur until after a public hearing on the rezoning was held at the City Commission level and the rezoning was approved. Page 2 Planning and Zoning Commission Meeting Minutes October 8, 1991 Planning and Zoning Commission member Carroll asked if this rezoning request had to be approved by the state with the new Comprehensive Plan regulations. Director of Planning Behrens said it did not have to have state approval since it is consistent with the Future Land Use Map. R.P. Mohnacky, 1820 Prairie Lake Boulevard, Ocoee, asked if the Auto Auction was aware of the new stormwater utility fee and if it realized how expensive it would be for them if they paved this entire area. Director of Planning Behrens said that there may be a way around paving the area. Director Behrens said that staff is looking into alternative surfaces for parking in the new Land Development Regulations currently under review. He said the existing Code calls for a hard, dustless surface but that the new regulations may allow for more innovative methods to lessen the amount of pavement being installed. Planning and Zoning Commission member Switzer said he had visited the site and that there were no trees but that he was concerned since half the property was under water with the recent rains. He said he would rather see a permeable surface be put down similar to the parking at r the Starke Lake boat ramp so that the water level would not end up being a problem for drainage. Planning and Zoning Commission member Carroll moved to accept staff's recommendation on the rezoning and agreed with staff that it was consistent with the Comprehensive Plan and Planning and Zoning Commission member Weeks seconded. Alternate member Bateman said that by approving C -3 zoning, the City would be granting permission to allow any use that falls under C -3. He said he had also visited the site and was also concerned with the water problem. He said the Planning and Zoning Commission should add to its motion that there be conditions of approval in regards to what they would allow and how much of a paved surface would be allowed because of the drainage problem. Director of Planning Behrens cautioned the Planning and Zoning Commission that the City can not take part in contract zoning and that the owner of the property would have to meet all the building requirements by submitting plans and obtaining permits before anything could be done on the property. Alternate member Bateman said that obviously the Planning Director had not studied the property and he felt strongly that there would be significant problems because of the amount of water. Alternate member Bateman said it was his opinion that this was not the right property for parking cars. Page 3 Planning and Zoning Commission Meeting Minutes October 8, 1991 Chairman Swickerath asked Planning and Zoning Commission member Carroll if he would agree to amend his motion to state that the Planning and Zoning Commission recommends approval of the rezoning request as staff has presented it and finds it consistent with the Comprehensive Plan and encourages the City Commission to permit a pervious surface to be used in order to protect the drainage in that area. Planning and Zoning Commission member Carroll agreed to the amended motion and Planning and Zoning Commission Weeks agreed to second the amended motion. The motion was carried unanimously in favor. RECESS: 8:20 p.m. CALL TO ORDER: 8:30 p.m. City of Ocoee Land Development Regulations, October 1991 - DRAFT Director of Planning Behrens indicated that the Planning and Zoning Commission members had received in their packets a staff report ,.. summarizing the new (first draft) Land Development Regulations. He said the City Commission had also received copies to review and make comments. Director Behrens said that this evening, he and Consultant Jim LaRue would explain some of the changes and how the book is put together and provide some details on what was added to meet state requirements under the Comprehensive Plan. He said the Planning and Zoning Commission will not vote on the new regulations until November. Director of Planning Behrens said they took the existing Code and redivided it into new Chapters. He said it is organized differently for a unified Code that will flow and be more "user friendly ". He said there are some things that needed to be worked into the Code that are now required by the state. Chairman Swickerath asked Director Behrens what he meant by stating that the staff had made changes. Director Behrens said there were no substantive changes made, that they were grammatical in nature. Consultant LaRue recommended that the appendices not be a part of the official Code that is adopted so that the City will not have to do an ordinance for every change they make to forms, etc. Consultant LaRue also explained that the requirements under 9J -24 mainly dealt with adding some required parts such as concurrency and environmental regulations. Page 4 Planning and Zoning Commission Meeting Minutes October 8, 1991 Director of Planning Behrens said he would discuss the issue of vested rights at the November meeting. He also pointed out that the definitions are now all under one chapter rather than scattered throughout. Director Behrens said several definitions have been added, mostly to clarify new areas. Director of Planning Behrens and Consultant LaRue explained that Chapter 3 was mainly a reiteration of the basic duties of the various boards and staff members. Planning and Zoning Commission member Switzer asked if this information was already contained in the Charter. Consultant LaRue said it is not necessary to repeat this information here in the Land Development Regulations but they may want to consider it because it may help to have all the information in one place so people will not have to go back and refer to the City Charter. Director Behrens and Consultant LaRue said that Chapter 4 was for applications and procedures. Director Behrens said there was a section on the transfer of development rights which was new. Director Behrens said Chapter 5 defines the zoning categories. He said Page rrr 5 -3 described the types of Planned Developments. Director Behrens said the Traditional Neighborhood District was something new that staff added as an option. He said Page 5 -6 displayed a use table and that Pages 5 -15 and 5 -16 showed the uses and where each is permitted by zoning district. Consultant LaRue said he would probably suggest to the Planning and Zoning Commission at its November meeting that the special exceptions and conditional uses be combined since they are so similar. Chairman Swickerath asked staff to add the PUD into the Charts in Chapter 5. Director of Planning Behrens explained the Traditional Neighborhood District (TND) as a revival of the concept of development before World War II. He said a good example of this is the historic district just north of Lake Eola with narrow streets and a combination of residential and commercial uses. Director Behrens said both Andres Duany and Peter Calthorpe had done much to publicize this concept in the past few years. He said this type of zoning would have to be limited to larger development areas of at least 40 acres in size. He said Charleston, South Carolina and Princeton, New Jersey were good examples of what could be done. Director Behrens said this type of zoning should not be applied citywide but that staff liked many of the concepts and that it was similar to the PUD zoning the City currently r has. Page 5 ry Planning and Zoning Commission Meeting Minutes October 8, 1991 Director Behrens said Arvida has used some of these concepts in the Wesmere development such as street trees between the sidewalk and road to create a canopied look, narrower streets, and buildings closer to the street. Director Behrens said he would like the TND to be put in as an option and to ensure that it is strictly controlled. Chairman Swickerath asked why the staff felt this category was needed and what it provided for that the PUD did not allow. Director Behrens said it is possible that everything under the TND could be done under a PUD district. Chairman Swickerath said either it will or will not allow for the same flexibility and he wanted to make sure that if they both allowed for the same things, that the City did not add an extra zoning category just to fit in with the latest planning craze. Alternate member Bateman said he liked the concept of TND because of what it does to limit or reduce traffic problems. Consultant LaRue said he would look at Chairman Swickerath's suggestion about not breaking down the PUD category so much and he agreed with Chairman Swickerath that it might not be necessary. Director Behrens said there was also a zoning category titled "Mixed Use Developments" and he gave the example of the intersection of Clark and Silver Star Roads where it might be a good idea to allow for a level of retail with office or residential above. Director Behrens said staff was providing all these options and that it was up to the Planning and Zoning Commission and the City Commission as to which they wanted to include in the new Land Development Regulations. Consultant LaRue explained that Chapter 7 outlined environmental protection, FEMA regulations, and stormwater management. Director of Planning Behrens said that the current Code calls for 35 foot setbacks from water bodies in single family residential and 100 feet for PUDs. He said staff is recommending 50 feet for all categories in the new regulations. Chairman Swickerath said that setback may make it very difficult to fit a house on a lot. He suggested that more research be done on this and that it be discussed further at the November meeting. Consultant LaRue said the Planning and Zoning Commission members will not see Chapter 8 until the November meeting. He explained that staff wanted to use the existing sign ordinance with certain amendments rather than using the new ordinance. He said Chapter 9 dealt with Page 6 'fir Planning and Zoning Commission Meeting Minutes October 8, 1991 concurrency issues and would allow staff to determine whether the Levels of Service are kept where they should be. He also said vesting will be discussed in November and how vested rights will affect concurrency. Consultant LaRue and Director Behrens said they had tried to fix the trouble spots and tried to put in some flexibility and incorporate what was necessary under the Comprehensive Plan requirements. Consultant LaRue asked that each Planning and Zoning Commission member make notes of what they want to discuss at the November meeting. Director of Planning Behrens said the definitions on Page 2 -8 (types of residential facilities) were included as part of the state's requirements. He said they could refer to the zoning charts to see where the various facilities are permitted. Director Behrens said no formal review of the Land Development Regulations will be done by the state but that someone could challenge them and then the state would do a review. Consultant LaRue added that the most important thing is to give the City of Ocoee something that is useable. Planning and Zoning Commission member Switzer asked why the sign chapter was so large. Consultant LaRue said the new sign ordinance included in this book is too much for what Ocoee needs and that staff wants instead to go with the existing ordinance with some changes. Director Behrens said staff has been collecting information and making notes on proposed changes and additions for the past two to three years. He said the attorneys had suggested that the adult entertainment use be changed from conditional use under C -1 and C -2 to a conditional use under C -3. He also said the attorneys had suggested that a note appear on each plat regarding concurrency. Director Behrens said that Ellen King has a copy of the existing Land Development Regulations with notes of what changes are being proposed. He encouraged the Planning and Zoning Commission members to stop by the office and review them. Consultant LaRue offered that they could also show the changes by underlining additions and striking through deletions on the new regulations. Chairman Swickerath asked why staff could not photocopy the marked up existing regulations and have the Planning and Zoning Commission review it rather than giving them something that makes it impossible to determine what has been added, changed, and deleted. Chairman Swickerath also said that the Planning and Zoning Commission bylaws Now should be added to these new regulations. Page Slaw Planning and Zoning Commission Meeting Minutes October 8, 1991 OTHER BUSINESS Chairman Swickerath reminded the Planning and Zoning Commission members that there was a discussion earlier in the meeting regarding looking into other options besides paving for parking areas. He asked if anyone wanted to make a motion to have staff pursue this. Director of Planning Behrens and Consultant LaRue said they will be bringing that to the Planning and Zoning Commission in November as part of this Land Development Code. ADJOURNMENT: 9:30 p.m. Planning and Zoning Commission member Carroll moved to adjourn the meeting, Planning and Zoning Commission member Switzer seconded, and approval was unanimous. arAI . .141. SWICKE' ATTEST: DtT CLERK RESNIK