Loading...
HomeMy WebLinkAboutPZ 09-08-1992 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, SEPTEMBER 8, 1992 CALL TO ORDER The meeting was called to order by Chairman Shiver at 7:35 pm followed by a moment of silent meditation and the Pledge of Allegiance. The determination of a Quorum was made. PRESENT: Chairman Mickey Shiver, Vice - Chairman Harold Switzer, Members: Pat Bond, Tanya Miller, Darlene Rhodus, Jim Swickerath, Gerald Weeks, Alternate: Louis Landefeld, Director of Planning Bruce Behrens, Deputy Clerk Ellen King. ABSENT: None CONSENT AGENDA A. Planning and Zoning Commission Regular Meeting Minutes of August 11, 1992. Vice - Chairman Switzer moved to approve the item on the Consent %be Agenda, Member Bond seconded, and the motion carried unanimously. Member Swickerath abstained from the vote; he was not present at the August 11, 1992 meeting. NEW BUSINESS SPECIAL EXCEPTION REQUEST - CASE NO. 2- 285E- 92:ST. PAUL'S Chairman Shiver stated that the Public Hearing was duly advertised in the Orlando Sentinel. Director of Planning, Bruce Behrens read the Staff Report into the record. The issue was "Should the Planning and Zoning Board recommend approval of the Central Florida Community School's request for a "Special Exception" in an "R -3 Multi- family Residential District" for a private school specializing in the education of children with learning style differences ?" The sixteen acres subject parcel is owned by St. Paul's Presbyterian Church. The classroom space would be leased by the applicant. It is located on the west side of Citrus Oaks Boulevard and 1,000 feet South of State Road 50. The applicant has stated that it will not be a church run school. The application states that four of the eight classrooms will be utilized, with enrollment being about thirty children. Currently the school is serving 30 Orange County children. PLANNING AND ZONING COMMISSION MEETING MINUTES SEPTEMBER 8,1992 PAGE 2 Per Article IV, Section 408 (A)(4), of the Land Development Code attached, the Planning and Zoning Commission may recommend to the City Commission appropriate conditions to ensure compliance with the provisions of this Code. Such conditions may limit the uses, size of the uses or structure, or characteristics of the operation, or other improvements not normally required. They may also require periodic review and provide for the expiration of the Special Exception on a date certain. The Planning Staff's findings are as follows: 1. The proposed use and structure is consistent with the Comprehensive Plan and the Land Development Code. 2. The proposed use and structure would be compatible with the surrounding structure and lands. 3. The proposed uses and structure will not exceed any density or bulk restrictions, will not significantly impair pedestrian or vehicular traffic; not create a fire hazard; will not exceed the noise requirements of surrounding properties so long as a student outdoor activities (i.e. recesses) are phased throughout the day; will not prevent an adjoining landowner from the use of this property or any laws, and will not result in the significant impacting of any adopted Level of Service Standards (LOS). The Development Review Committee (DRC) met and reviewed this proposed "Special Exception" on August 27, 1992. City Manager Shapiro made a motion to deny the special exception application request from St. Paul's Presbyterian Church and the Central Florida Community School, and City Engineer /Utilities Director Jim Shira seconded because the church is proposing to use its facilities as a commercial venture and that the City does not want to start this as a precedent. The motion passed 5 -1 with Director of Planning Bruce Behrens voting against the motion. Director of Planning Behrens was directed to take this recommendation to the Planning and Zoning Commission and then to the City Commission. Member Swickerath asked the Planning Director Behrens whether the DRC had a problem with the property not being taxable? Planning Director Behrens responded that he did not recall whether the issue of a tax exempt school was discussed at the DRC Meeting. What about a non - profit for profit use? One member stated that if you take a look around the City Hall area you will see church facilities as non - profit using their facilities for profit (i.e. jazzercise, bingo). `fir PLANNING AND ZONING COMMISSION MEETING MINUTES %Ilr►, SEPTEMBER 8, 1992 PAGE 3 Planning Director Behrens stated for the record that the current Land Development Code (Green Book) shows that schools are permitted in the following zoning districts A -1, A -2, RCE -1, and RCE -2. All other zoning districts require a Special Exception request. Chairman Shiver opened the Public Hearing and asked if anyone in the audience wanted to speak. Bob Flanders, Central Florida Community School, 2220 Hemple Avenue, Winter Garden, FL 32787. Mr. Flanders is the applicant requesting the Special Exception. Central Florida Community School is a private school specializing in the education of children with learning style differences. The school is presently serving about thirty Orange County students who would not have been successful in the public school setting. The school's location has been in a warehouse located at 2220 Hemple Avenue in Gotha, FL. The age group for this school is First Grade through Ninth Grade. The children accepted in the school are average to above average students. This school is not for mentally handicapped children. There will be four classrooms used with ten students per class. Bryan Stamper, Pastor of St. Paul's Presbyterian Church, 5518 Westbury Drive, Orlando, FL 32808 was for the Special Exception Request. Pastor Stamper stated that the school would be a temporary arrangement until the school found other accommodations. He has never had a for - profit organization in his Church. The only benefit to his church will be the rent of $25,000.00 for one year. Pastor Stamper's requirements are as follows: 1) 40 students maximum, 2) rent to the school for 1 year maximum, and 3) a non- profit organization. Pastor Stamper stated to the Planning and Zoning Commission that he would not mind if the Board wanted to approve the school for one year and then have the applicant come back before the City again. Gary Johnson, 915 Vassar Street, Orlando, FL 32804 was for the Special Exception Request. He stated that his eight year old son was one of the students in the Central Florida Community School. Mr. Johnson's son has a slow learning disability because of a correctable eye problem. Chairman Shiver closed the Public Hearing after no further discussion by the public. PLANNING AND ZONING COMMISSION MEETING MINUTES r SEPTEMBER 8, 1992 PAGE 4 Chairman Shiver stated that the issue before the Board is whether the St. Paul's Presbyterian Church is the proper location for a private school. A Board Member questioned Pastor Stamper on what would happen to additional children that wanted to attend the school over and above the maximum 40 students. Pastor Stamper stated that his office is located in the church facilities and having a maximum of 40 students would minimize the tension. After no further discussion from the Board, Chairman Shiver called for the question. Vice - Chairman Switzer moved to approve the request for the Special Exception to the zoning with the following two provisions: 1) That the Special Exception be granted for one (1) year; and 2) Limit the school to 40 students. The motion was seconded by Member Bond, and the motion was approved with an unanimous vote of 7 -0. e OTHER BUSINESS At the request of Planning Director Behrens the Planning and Zoning Commissioners agreed to hold a Special Session for the Planning and Zoning Commission on September 22, 1992, in order to have an advertised public hearing on Wesmere, Village 5 Final Development/ Preliminary Subdivision Plans. This meeting was requested because the Preliminary Subdivision Plan must go before the Planning and Zoning Commission as a public hearing and the advertisement was not prepared in time to make the Regular P &Z Meeting in September. The Wesmere, Village 5 project needs to go before the Board of City Commissioners, October 6, 1992. Planning Director Behrens stated that a revised Annexation /Initial Zoning Schedule for the Summer /Fall 1992 (revised August 20, 1992) has been accepted by Staff. • r11�r PLANNING AND ZONING COMMISSION MEETING MINUTES SEPTEMBER 8, 1992 PAGE 5 ADJOURNMENT The meeting was adjourned at 8:30 pm by mutual consent. Adjourned at 8:30 pm j''' ' 'ti -_ is - Sh Chairman ATTEST: 56 . - , - .., Ellen King, Deputy Jerk ‘11,11, 1111610