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HomeMy WebLinkAboutPZ 05-12-1992 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, MAY 12, 1992 CALL TO ORDER: 7:45 PM PRESENT: Chairman Shiver, Vice - Chairman Switzer, Members Swickerath, Weeks, Bond, and Alternate Bateman and Miller; Director of Planning Behrens, and Deputy Clerk King ABSENT: Members: Sims and Rhodus CONSENT AGENDA Planning and Zoning Commission Meeting Minutes of March 10, 1992 and April 14, 1992. The Planning and Zoning Chairman Shiver called for a motion to approve the Planning and Zoning Commission Meeting Minutes of March 10, 1992 and April 14, 1992. Member Bonds moved to approve the minutes. Seconded by Bateman, and the motion carried unanimously. NEW BUSINESS CASE NO. 1- 5R- 92:HELLER (REZONING) Planning Director Behrens read the Staff Report of May 5, 1992 into the record. The issue is "Should the Planning and Zoning Commission recommend approval of this application to the Board of City Commissioners, to rezone the 12.9 acre subject parcel from "R -3, Multiple Family Residential Dwelling District" to "I -1, Restricted Manufacturing and Warehouse District ?" The majority of the subject property was annexed and rezoned to "R -3" in 1982. The balance of the site, situated in the northeast corner, was annexed and rezoned to "R -3" in 1990. The property owner submitted an application to rezone the subject property to "I -1 ". The property owner stated in the Development Review Application that the "I -1" rezoning is being requested in order "to add this property to the west in order to develop (the) total tract as an Industrial Subdivision ". The zoning surrounding the subject property on the west and south is "I -1 "; south and east is Lake Lilly and "R -3 "; and on the north "R -3" and "I -1 ". kar �Irr Planning and Zoning Commission Regular Meeting Minutes May 12, 1992 Page 2 The Planning Director recommends that the Planning and Zoning Commission take the following action with respect to the petition in Case No. 1- 5R- 92:HELLER: that the Planning and Zoning Commission find that the requested rezoning is consistent with the Ocoee Comprehensive Plan, complies with all applicable requirements of the Ocoee City Code and is in the best interests of the City and recommend to the City Commission approval of the petition in Case No. 1- 5R- 92:HELLER and that the property described therein be rezoned as requested by the petitioner. Alternate Bateman moved to approve the Staff Recommendation. Member Weeks seconded and the motion carried unanimously. FINAL DRAFT OF THE LAND DEVELOPMENT CODE Planning Director Behrens stated that he wanted to go over a couple of memorandums he sent the Planning and Zoning Commission: fir 1) Final Draft of the Land Development Code, dated May 8, 1992; and 2) Summary of the New Land Development Code. The Final Draft of the Land Development Code reiterates the memo that was distributed to the Planning and Zoning Board last December. This memo goes through the requirements of Chapter 163, and it reviews the Concurrency provision. The City is creating an integrated code that addresses subdivision of land, signage, regulation of the use of land and water for land use category, etc. Also, the City's objective is to take the basic good code that the City had and that everyone liked, and put it into an integrated form, meet the requirements of Chapter 163, and put a few more options into the code that the Developer could address in certain circumstances. Staff wanted to give a few more creative options to the developers. There are areas in the Comprehensive Plan (as indicated by black dots on the Future Land Use Map) that could lend itself to a possible mixed -use development, combination of office - commercial, office - retail, and residential- office - retail. Those areas have been identified for consideration of where those mixed -use products might take place. Transfer of development rights is where a developer can change over -- by giving up some use of the developers property, but ask `wr, to have those development rights transferred to another piece of land in the immediate vicinity. �1r Planning and Zoning Commission Regular Meeting Minutes May 12, 1992 Page 3 Tanya Miller came in at 8:00 PM. Article II - Definitions are better defined and expanded. Article IV - Development Procedures include the Site Plan Review Requirements for development. This is a particular problem that has existed for a long time; now when a developer comes in and wants to know how to do a development in Ocoee we can give him a book that says here is how you start and what it will take to go through the development process. Appendix - these are all forms used in development review. Planning Director Behrens stated for the record, that his new Planner, Janet Resnik, pulled the code together. When the code would not come together the way Behrens wanted it, he turned it over to Planner, Resnik and she put it together the way it should be and it now flows to everyone's satisfaction. The Planning Department, Developers, Consultants, etc. have been asked to review the code book and have their input. Article V - Zoning categories illustrated in charts. Tables 5 -1 and 5 -2 illustrates uses, setbacks and other provisions in a tabular form. Behrens encouraged the Commissioners to review these charts carefully. Any reservations, additions, or subtractions Staff want to hear about it. Planning Director Behrens stated that he would like the Commission to take thirty (30) days to review the code, and if any questions or comments come up within the thirty days let the Planning Staff know. Article VI - Design and Performance Standards Alice Tate - Barnett (City horticulturist) reviewed the code and gave alot of input in this section. The open -space requirements is a new section. Page 18135, Behrens stated that his vision, his own personal handprint on the code, is a chart that has been provided that says as the number of units increase the developer has to provide more amenities. Whether it's a regular subdivision, a multi - family subdivision, or a Planned Unit Development subdivision. Nov Planning and Zoning Commission Regular Meeting Minutes May 12, 1992 Page 4 Planning Director Behrens stated that the Commissioners should red -line the code and discuss it at the next meeting. He also stated that if the Commissioners were not comfortable to discuss the code and vote on it in one meeting then there could be supplementary meetings. The City requested and received an extension from D.C.A. on the work - product and the grant. Behrens stated that the City would like to open an annexation window. The City Manager has schedule the Land Development Code to go to the City Commission in July. Behrens stated that the City can annex any property that is consistent with the Future Land Use Map at present. Member Bateman stated that page 18049, paragraph 4.2, Ordinance 92 -05 is not in the appendix. Behrens stated that the Development Review Fee ordinance should be available for Planning and Zoning to review before it goes in the code. 'ib, Bateman stated that it would be helpful to have a Table of Contents for the Appendix. Also, Bateman commented that some forms have to be on City Letter Head. Member Swickerath questioned if Professional Engineering Consultants (P.E.C.) or any other Consulting Engineers reviewed the code. Behrens stated that Jim LaRue, L.D.C. Consultant, has had tremendous input in the code, but P.E.C. had not seen the code. Swickerath stated that if P.E.C. is doing analysis of drainage basins that perhaps there may be certain areas of town that will require more impervious areas than others to protect the aquifer in the lakes simply because of the conditions in a certain neighborhood or environment. He felt it would be prudent to run the code by the people that are going to do the drainage basin studies. Planning Director Behrens stated that the Comprehensive Plan has a section on drainage basins. Swickerath stated that the tables in the code may not be sufficient and that these numbers should be reviewed by some engineers. �rr Planning and Zoning Commission Regular Meeting Minutes May 12, 1992 Page 5 Swickerath stated that he would like to see the Planning Director put an asterisk where the impervious surface area was and say subject to review by the City's Engineer contingent upon the geotechnical characteristics of the particular drainage basin you are in. Now Staff can wait for several months or weeks for this to be resolved. But once you put a number in with no caveat then that is it. Planning Director Behrens stated that all of Article VI was looked at by the City's Engineering Department with corrections and input that they wanted. Behrens stated that he would go over this issue with the City Engineer. Jerry Weeks stated that on page 18152, it refers to citrus trees as prohibited and shall not be installed as landscape material. He had a problem with that being in the code. Behrens stated that citrus trees probably should not be there. The wording on the category is questionable and would be checked. ' Article VIII - Signage Article IX - Concurrency, Attachment 9 -1 is the Level of Service now required by the Ocoee Comprehensive Plan within the City Limits. Attachment 9 -2, General Rules for Concurrency Assessment (Concurrency Management System). Chairman Shiver commented that the Planning and Zoning Commissioners should take the code book and review it and bring it back with comments on June 9th. And, on June 9th there will be further discussion on the code and /or a vote to accept it as it is written. Planning Director Behrens stated that Chapter 163 gives up to two months for the Planning and Zoning Commission to review the document. Two public hearings must take place before the City Commission. And, there will be an advertised Public Hearing before the Planning and Zoning Commission. Chairman Shiver requested that the Planning and Zoning Commission meet on June 9th to discuss the code. And then two weeks from that night meet again in a Public Hearing and make some determination at that point in time to approve or disapprove the Land Development Code. That would give City Staff time to make editorial changes the Board requests. Behrens stated that anything in that time period would be appropriate as long as the advertisement is met. Planning and Zoning Commission Regular Meeting Minutes May 12, 1992 Page 6 Member Swickerath stated that he would like to make a motion as to the exact outline Chairman Shiver stated and that the motion in itself be notification to the City Administration /City Council that the Planning and Zoning Commission would like to review the document at the next meeting, and would like to have a Public Hearing two weeks after that so that Staff has an opportunity to react to P &Z comments and that the City Commission have an opportunity to react to P &Z's reactions before the public hearings. Bond seconded. Discussion: two weeks after the 9th would be the 23rd. Planning Director Behrens stated that he would like Chairman Shiver to personally contact the City Manager and coordinate how the City Attorney will handle the advertising requirements. Call for the question on the motion: the motion carried unanimously 6 -0. OTHER BUSINESS Board Members would like the Agenda to indicate if items are Advertised Public Hearings. Planning Director Behrens stated that the City has received the Clarke Road design guidelines from Glatting Lopez; which shows how to landscape and beautify the area. Goodman Commercial Park - infrastructure going in. Trees in right -of -way would have to be removed unless a curb and gutter is added; the developer complied. Exxon gas station - 1 acre on corner agreed to save trees for wooded area. Lake Lotta PUD - Large mall - construction arm of Sears called Homeart - 800,000 minimum sq. ft. proposed. Working a deal with Goodman. Chairman Shiver commented that attendance needs to be addressed again and that it has to be dealt with. Mike Sims has missed three meetings since the last meeting regarding attendance. Shiver reemphasized the importance of Mike Sims on the P &Z Committee. Shiver stated that the Board made a commitment to do something about attendance. Swickerath stated that he believed that it was Mr. Sims language that the committee is being *ow confronted with. Planning and Zoning Commission Regular Meeting Minutes May 12, 1992 Page 7 Chairman Shiver suggested that Mr. Bateman approach Mike to talk with him and try to determine what his intentions are, and report back to the Board at the next meeting. Member Swickerath moved to request Mr. Bateman to talk to Mike Sims. Harold Switzer seconded and the motion was approved unanimously. Jerry Weeks agreed to help John Bateman in contacting Mike Sims to discuss his plan. ADJOURNMENT Alternate Bateman moved to adjourn, seconded by Vice - Chairman Switzer and approved unanimously. Adjourned: 9:05 p.m. c u -ir Mickey Shiver ATTEST: 0 Deputy Clerk King 1rr