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