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HomeMy WebLinkAboutPZ 11-18-1992 MINUTES OF THE PLANNING AND ZONING COMMISSION ice, SPECIAL SESSION MEETING HELD TUESDAY, NOVEMBER 18, 1992 CALL TO ORDER The meeting was called to order by Chairman Shiver at 7:30 p.m. 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: Darlene Rhodus, Jim Swickerath, Gerald Weeks, Director of Planning Bruce Behrens, Sr. Planner Julian Harper, Deputy Clerk Ellen King, Also Attending: City Attorney Paul Rosenthal, and Ken Hooper, Professional Engineering Consultants ABSENT: Member: Pat Bond, Tanya Miller and Alternate: Louis Landefeld Chairman Shiver explained the procedure of each of the public hearings: tr• 1. The Staff Report will be read into the record. 2. Open Public Hearing for public comment. 3. Close Public Hearing, thereby, no further comment from public. 4. The issue will be brought to the table for discussion then action will be taken. City Attorney Rosenthal reviewed again the opening comments he made during Monday nights, November 16, 1992, Annexation /Initial Zoning public hearings. These comments covered the following: various petitions, Comprehensive Plan Amendments, Sewer and Water, Roads, Concurrency, Orange County comments, and Charter Amendment. (See November 16, 1992 Special Session Planning and Zoning Commission Meeting Minutes for Attorney comments). Chairman Shiver was presented a letter prior to the meeting from Heller Brothers dated November 18, 1992 requesting the letter be entered into the record. Chairman Shiver stated that the Heller Brothers object to the annexation and zoning of any property south of Highway 50 along Maguire Road. (See Attachment "A" - Heller Bros. letter of November 18, 1992). 1 k,, NEW BUSINESS CASE NO. 2- 04AR- 92:ROPER "JAMES" — NORTH Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex with an Initial Zoning of R -1, Single Family Dwelling. The subject parcel is 24.2 acres located on the north side of Palm Drive, 500 feet east of Crown -Point Cross Road with site access provided by Palm Drive. The Planning Director determined that this property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map as low density residential. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. After no further comments by Staff, the public hearing was opened. Chairman Shiver stated that Bob Wiegers of the Orange County Planning Department was present to give Orange County's opinion on the annexation and zoning of the properties placed on the Public Hearings. Bob Wiegers, Orange County Planning Department, - no comment. Dal Duppenthaler, 120 South Dillard Street, Winter Garden, FL '1s 34787, came forward representing the Bert E. Roper Trust property on Palm Drive. The property is contiguous to other Ocoee property and request annexation into the City. After no further input from the public, the public hearing was closed, and the issue was brought to the table for discussion. The proposed location of the Beltway was pointed out on the map for the Commissioners. City Attorney Rosenthal stated that it is not legal in the State of Florida now to establish a transportation reservation, because that is considered a temporary taking. Commissioner Switzer moved that the Planning and Zoning Commission find that the requested Annexation and Initial Zoning is consistent with the Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Land Development Code and is in the best interest of the City and recommend to the City Commission Approval of the petition in Case Number 2- 04AR- 92:ROPER "JAMES" - NORTH, that the property described therein be annexed with an Initial Zoning of R -1, Single Family Dwelling as requested by the petitioner, and that the City Commission find the proposed Annexation and Initial Zoning to be consistent with the Ocoee Comprehensive Plan. Commissioner Rhodus seconded. 2 Discussion: Commissioner Swickerath asked that if the new zoning %k was approved, is the City jeopardizing the ability to fulfill the intent of the Comprehensive Plan by using the Beltway going through town? Is the City increasing the value of the property to be acquired for the Beltway? Planning Director Behrens stated that he did not have the answer for that. City Attorney Rosenthal stated he guess maybe, that if and when the Beltway occurs, if at that point- and -time development has occurred within what today is a suggested alignment, that that would be a factor which the alignment study people would take into consideration. Chairman Shiver called for the question, and the motion carried unanimously in favor 5 -0. CASE NO. 2 05AR 92:ROPER "PARTNER" - SOUTH Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex with an Initial Zoning of C -3, General Community. The subject parcel is 10.6 acres located at the southeast corner of Geneva and Kissimmee Avenues, with site access provided by Maguire and Geneva Roads. The Planning Director has determined that this property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map as Commercial. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. The Developer Agreement will require that 20 feet of right - of -way along Maguire Road and 20 feet of right -of -way along Story Road be dedicated to the City in connection with the annexation. After no further comments by Staff, the public hearing was opened. Bob Wiegers, Orange County Planning Department - no comment. Dal Duppenthaler, 120 South Dillard Street, Winter Garden, FL, came forward representing Roper Partnership. The property is surrounded by City property and requested annexation into the City. After no further input from the public, the public hearing was closed, and the issue was brought to the table for discussion. The C -3, General Community Commercial District is the most intense commercial use the city has which is a little less intense than I- 1, Light Industrial. %Ibi' 3 After no further discussion, Commissioner Weeks moved that the Planning and Zoning Commission find that the requested Annexation and Initial Zoning is consistent with the Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Land Development Code and is in the best interest of the City and recommend to the City Commission Approval of the petition in Case Number 2- 05AR- 92:ROPER "PARTNER" - SOUTH, that the property described therein be annexed with an Initial Zoning of C- 3, General Community as requested by the petitioner, and that the City Commission find the proposed Annexation and Initial Zoning to be consistent with the Ocoee Comprehensive Plan. Commissioner Swickerath seconded, and the motion carried unanimously in favor 5- 0. CASE NO. 2- 071AR- 92:BRITT FARMS - WEST Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex with an Initial Zoning of C -2, Community Commercial. The subject parcel is 25.0 acres located at the northeast corner of West Franklin Street (Plant Street) and Crown -Point Cross Road, with site access provided by Silver Star Road and East Crown Point Road. The Planning Director has determined that this property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map as Commercial. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. The Developer Agreement will require that 15 feet of right - of -way along Silver Star Road be dedicated to the City in connection with the annexation. After no further comments by Staff, the public hearing was opened. Bob Wiegers, Orange County Planning Department, came forward and stated that this property is inconsistent with the Orange County Future Land Use Map. Orange County shows this property as low density residential. Martin Kreidt, 1516 Hillcrest Street, Orlando, FL, 32803, came forward stating that Tom DeLoach was present, and requested the Board to approve the petitioner's request. After no further input from the public, the public hearing was closed and the issue was brought to the table for discussion. 4 Planning Director Stated that this property and the property immediately t� the east, is dead center of the intersection of Silver Star Road and the Western Beltway; there will be a major interchange at this point. There will be on -ramps and off -ramps to the Western Beltway from Silver Star Road. Winter Garden and the City of Ocoee's Comprehensive Plan was put together two years ago designating this area as commercial. Whatever is left, after the beltway construction, retention ponds, etc., the two Cities felt the area should be commercial in nature. Discussions with Ed Washburn in Winter Garden made this a joint effort on this corridor between the two cities. Planning Director Behrens stated that he has been told that the discussions on the acquisition of right -of -way will commence this December ('92) at the Expressway Authority. Commissioner Swickerath questioned the comment made about the major intersection of Silver Star Road and the Beltway, "Would Silver Star Road be extended to go to the subject property for the major interchange? Commissioner Weeks stated that their is a plan to extend Silver Star Road in front of the Post Office directly west for the Beltway interchange. After a lengthy discussion on the extension of Silver Star Road, Commissioner Swickerath moved that the Planning and Zoning Commission find that the requested Annexation and Initial Zoning is rlr consistent with the Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Land Development Code and is in the best interest of the City and recommend to the City Commission Approval of the petition in Case Number 2- 071AR- 92:BRITT FARMS - WEST, that the property described therein be annexed with an Initial Zoning of C -2, Community Commercial as requested by the petitioner, and that the City Commission find the proposed Annexation and Initial Zoning to be consistent with the Ocoee Comprehensive Plan. Commissioner Switzer seconded, and the motion carried unanimously in favor 5 -0. CASE NO. 2- 07R- 92:BRITT FARMS - EAST Planning Director Behrens, read the corrected Staff Report into the record, the issue being "Should the Planning and Zoning Commission recommend approval of this application to the Board of City Commissioners to Rezone the subject parcel from Orange County, "Agricultural" to City of Ocoee "C -2, Community Commercial " ?" The subject parcel is 39.0 acres located on the north side of West Franklin ( Plant Street) and 500 feet east of Crown Point Cross Road with site access provided by Silver Star Road. The Planning Director has determined that this property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map as Commercial. S' 5 A Developer Agreement concerning the rezoning of this property will %kr, be required by the City. A Developer Agreement will require that 15 feet on the north side along Silver Star Road be dedicated to the City in connection with the rezoning. (In the Staff Report of November 13, 1992, the map illustration shows W. Franklin Street [County 438], but is referred to as Silver Star Road in the text.) Planning Director Behrens stated that D.O.T. needs 15 feet of right -of -way where the Staff Report map shows as W. Franklin Street. A lengthy discussion was held in regards to the right -of -way that was requested for the Developer Agreement. The City Attorney and City Staff stated that the clarification of roads (County Road 438, State Road 438, and DOT roads) would be made prior to the City Commission meeting. Staff present was not certain of the Staff Report's illustration maps. Commissioner Swickerath questioned the City Attorney and the Planning Director about the language and the issues pertaining to this Case in the Staff Report of November 13, 1992, and the fact that they were amended at this evening's meeting, was the Public Hearing properly advertised? City Attorney Rosenthal checked the advertisement in the paper he had with him and stated that Britt Farms - East title is for a public hearing of the Planning and Zoning Commission to consider an application for rezoning and to review the relationship of the requested action to the Ocoee Comprehensive Plan. The only error that occurred was the Case r Number given as 2 -072AR and it was suppose to be 2 -072R, but the title calls it a rezoning not an annexation. This would not affect the legitimacy of this hearing. Commissioner Weeks questioned the Planning Director about the proposed extension of Silver Star Road through the subject property for the purpose of the Beltway interchange. Ken Hooper, Professional Engineering Consultants, stated that one of the original plans was to extend Silver Star Road through this property. As talked about this idea is no further than a plan and a thought. The only right -of -way talked about on this case was 15 feet of right -of -way on the north portion of what is shown on the Staff Report map as W. Franklin Street. The Silver Star Road extension is a plan and a consideration that is not in place and is not acceptable to ask for right -of -way for that. City Attorney Rosenthal stated that the right -of -way donations in connection with all the applications is not trying to "get for free" major thoroughfares through an owners property, but when there is an existing road adjacent to the property the City believes there is a reasonable expectation that under the Comprehensive Plan the City will be expanding or needing to have additional right -of -way to get that now in connection with an annexation or a rezoning, so that planning is consistent with future needs. r►'` 6 ice, After no further discussion, Commissioner Rhodus moved that the Planning and Zoning Commission find that the requested Rezoning is consistent with the Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Land Development Code and is in the best interest of the City and recommend to the City Commission Approval of the petition in Case Number 2- 07R- 92:BRITT FARMS - EAST, that the property described therein be rezoned to C -2, Community Commercial as requested by the petitioner, and that the City Commission find the proposed Rezoning to be consistent with the Ocoee Comprehensive Plan. Commissioner Weeks seconded, and the motion carried unanimously in favor 5 -0. CASE NO. 2 11AR 92:GEARTNER Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex and Initially Zone the subject parcel from Orange County, "A -1, Agricultural" to City of Ocoee "A -1, General Agricultural "? The subject parcel is 5.8 acres located on the south side of Old Winter Garden Road, 500 feet east of Blackwood Avenue, with site access provided by Old Winter Garden Road. The Planning Director has determined that this property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map as low density residential. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. The 1160 Developer Agreement will require that 20 feet along Old Winter Garden Road be dedicated to the City in connection with the annexation. After no further comments by Staff, the public hearing was opened. Bob Wiegers, Orange County Planning Department, came forward and stated that Orange County and the City both show this area as low density residential on their Future Land Use Maps. Orange County is opposed to any annexations on the south side of Old Winter Garden Road. The property on the east, west, and south sides of the subject •property is zoned Orange County, low density residential. Cecil Cummings, 150 Spartan Drive, Maitland, FL, 32751, came forward representing Herb Geartner, stating that Ocoee planted the hospital right in front of the subject property, and doubted the property would sell for residential property. Jerry Armstrong, 3462 Old Winter Garden Road, Winter Garden, FL 34787, came forward and stated that he lives next door to the subject property and that his neighbors have some concern about the community if it's annexed into the City of Ocoee. They do not want more traffic, it's bad enough, and they do not want to see any more commercial property in their area. 7 City Attorney Rosenthal stated that the Future Land Use designation is low density residential, for any commercial development to occur, that would require a Comprehensive Plan Amendment to the City of Ocoee Comprehensive Plan. The change in the Comprehensive Plan for anything other than low density residential would have to be approved by the Department of Community Affairs in Tallahassee, which would be a long process. Chairman Shiver stated that even if the City of Ocoee votes to deny the petitioners request for annexation and initial zoning, the property owner could go to Orange County and ask for a Comprehensive Plan Amendment for commercial zoning. James (Jim) Lackey, 1703 Down Lake Drive, Windermere, FL 34786, came forward and stated that the Chairman was correct but the Planning and Zoning Commission is the first step in processing the petitioner's request. Linda Boone, Sixth Street, P.O. Box 201, Gotha, FL 34734 came forward as against the petitioners request. Harry Strange, 1177 Seventh Avenue, Winter Garden, FL 34787 (Gotha), came forward asking what the maximum density would be under the Orange County and Ocoee's Future Land Use Map designations of low density. Planning Director Behrens stated that Orange County is 4.0 units per area and Ocoee is 3.99 units per acre. At this particular request the petitioner is asking for 1 unit per acre. The petitioner could come back through the process and ask for a higher density. After no further input from the public, the public hearing was closed, and the issue was brought to the table for discussion. Chairman Shiver questioned Mr. Cummings who represents the property owner, if he had any idea what the Owner's intent of the property was? Mr. Cummings stated that the area is no longer a residential area. Chairman Shiver questioned him again, that if the City did not annex the property would the Owner go to Orange County for a zoning change? Mr. Cummings stated that there would be a possibility they would and probably ask for Professional Office Buildings. Chairman Shiver asked Mr. Cummings if it was his intent not to recommend to the property owner that they pursue a residential zoning on this property? Mr. Cummings stated that it was the intent of the Owner not to build houses. Chairman Shiver moved that the Planning and Zoning Commission recommend to the City Commission that Case No. 2- 11AR- 92:GEARTNER be denied annexation and initial zoning. Commissioner Switzer seconded. 8 Discussion: Commissioner Swickerath stated that if the Board recommends to deny this request, that would mean that if the property owner wanted to develop the property in the future that decision is going to be made by Orange County, and because of where the project site is, it is going to be the City of Ocoee's fire department and police department that responds. It is going to be the City's sewer and water capacity. He suggested that if the City annexes the property, it is going to be the Planning and Zoning Board and the City Commission that is going to be in direct control over how it develops, and what develops there. Chairman Shiver stated that he understood what could happen and would hope that the Professional Staff of the City would work with the County just as Bob Wiegers has with this Board during these meetings. Chairman Shiver stated that if the motion he just made is approved by the Board that it would send a message to the City Commission, and hopefully they would agree, and send a message to the Property Owner and to Orange County not to change the zoning. Call for the question, and the motion carried 3 -2 in favor of the motion to deny Staff Recommendation. All in favor: Rhodus, Shiver, Switzer. All opposed: Swickerath, Weeks. RECESS: 8:55 PM CALL TO ORDER: 9:00 PM CASE NO. 2- 25AR- 92:WINGFIELD Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex and Initially Zone the subject parcel from Orange County, "PD, Planned Development" to City of Ocoee "R -1, Single Family Dwelling "? The subject parcel is 434.0 acres located adjacent to the southside of Roberson Road and between Windermere and Maguire Roads, with site access provided by Maguire, Roberson and Windermere Roads. The Planning Director has determined that this property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map. The City can currently provide urban services to this property if it is annexed. A Developer Agreement concerning the annexation of this property will be required by the City. The Developer Agreement will require that 20 feet along Maguire Road be dedicated to the City in connection with the annexation. After no further comments by Staff, the public hearing was opened. 'fir 9 Bob Wiegers, Orange County Planning Department, came forward and stated that the property is not compact and contiguous. The City is isolating a pocket of Orange County. The County's Future Land Use Designation for this property is one unit per ten acres, however, the property owners have gone through the vesting process and have vested this property as far as the consistency with the Comprehensive Plan. The current density with Orange County is no greater than one unit per acre as PUD. One unit per acre would allow the developer to develop 1/2 acre lots with a golf course. Bob Wiegers stated that the subject property is one of the areas that the County was going to amend with the City, but Orange County never got around in executing the agreement. Commissioner Swickerath stated that this property was addressed by former Orange'County Commissioner Vera Carter where she requested the City of Ocoee to extend urban services (sewer and water) to this same property, in order to implement the County's development plan. Bob Wiegers stated that the majority of the property south of this parcel is in the Windermere Rural Settlement and to the east is the Gotha Rural Settlement. Gerald Chancellor, 390 N. Orange Ave., Suite 1800, Orlando, FL 32801, came forward as the authorized representative of the applicant. He concurs with the Staff Recommendation and $litaw available to answer any questions. Louis Roeder, 2001 Mercy Drive, Suite 104, Orlando, FL 32808, President of Plantation Grove Estates, neighbor of the property to the northeast of Wingfield Property. He was not present to recommend approval or denial, but had some serious concerns. In regards to the Comprehensive Plan, the Land Development Code, and Concurrency Development; Plantation Grove has submitted for vested rights. Wingfield already has vested rights letter from Orange County. Plantation Grove is a PUD and has been moving forth in good faith, spending hundreds of thousands of dollars and has been unable to secure total vested rights determination from the City of Ocoee. But yet, he understands that Wingfield, because they are in the County, because the County does have a more lenient definition, they have received a vesting letter for one unit per acre. What his concern is, is that in discussions with the applicant and the City that when they get annexed into the City the City would entertain that vesting letter as having some liability and determination of their vesting with the City of Ocoee. Mr. Roeder stated that that was not right, that is if -so- fact -o saying that a PUD now is in the City of Ocoee should be vested. If that is the case, he will be back to the City submitting an application asking for 100% vesting. r 10 The second concern Mr. Roeder had was the zoning of the property and the land use. Orange County shows it as one unit per acre and the City of Ocoee wants to allow four units per acre. City Staff has said they can give services to the Wingfield property. That is not what was told of Plantation Grove PUD. Now the property is in the City of Ocoee and Mr. Roeder is told he cannot buy anymore capacity. Dr. Bob Ferdinand, P.O. Box 742, Windermere, FL 34786, came forward stating that Ocoee's Staff on concurrency and vesting are rather vague. The playing fields and the rules are not the same. Some people may get more than others. Dr. Ferdinand went on the record as saying that decisions made by the City Staff and City Commissioners should be on the same set of rules and the same playing fields. City Attorney Rosenthal stated that in connection with the Development Agreement on the Wingfield, that will be presented to the City Commission, it is the recommendation of the City Staff that in connection with any annexations, if a project has existing vested rights in the County that the City in connection with annexations will honor and recognize any such vested rights. Ginger Martin, 11329 Winston Willow Ct., Windermere, FL 34786, came forward representing the Willows of Lake Rhea just south of the subject parcel. She agreed 100% percent with the Heller Brothers letter. She was against more traffic on Maguire Road, maximum low density areas, over crowded schools in area, and against the annexation. She stated that the City of Ocoee has over extended itself and that the City should work on making it the best it can be. She would like to see the subject property stay unincorporated and felt that Ocoee had gone far enough. Linda Boone, Sixth Street, Gotha, FL, came forward as against the annexation and zoning. Harry Strange, 1177 Seventh Avenue, Gotha, FL, came forward as against the annexation and zoning. Bob Hennen, 2050 Willow Lauren Lane, Windermere, FL 34786, came forward as against the annexation and zoning. After no further input from the public, the public hearing was closed and the issue was brought to the table for discussion. There was a lengthy discussion regarding the annexation of the property and trips on Maguire Road as to whom would deal with the concurrency issues. Also issues discussed were on vested rights, revenue, and number of units per acre. 11 Chairman Shiver stated for the record that no schools are coming out of the ground, no recreation, and property owners want to come in and maximize the density. On the contrary to Staff comments, he did not see the City servicing the area. He does not think the City should annex south of Roberson Road, until such time schools and other services come out of the ground. After two failed recommendations by the Planning and Zoning Board and lengthy discussions, the following occurred: Commissioner Rhodus moved to deny the annexation and initial zoning request of Case No. 2- 25AR- 92:WINGFIELD. Commissioner Switzer seconded, and the motion carried in favor 3 -2. All in favor: Rhodus, Shiver, Switzer. All opposed: Swickerath, Weeks. RECESS: 10:10 PM CALL TO ORDER: 10:20 PM CASE NO. 2- 13AR- 92:LAWRENCE Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex and Initially Zone the subject parcel from Orange County, "A -1, Agricultural" to City of Ocoee "A -1, Agricultural "? The subject parcel is 102.5 acres and located on the east side of Maguire Road, 1,200 feet south of Moore Road, with site access provided by Gotha and Maguire Roads. The Planning Director has determined that the `, property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. The Developer Agreement will require that 20 feet along Maguire Road be dedicated to the City in connection with the annexation. After no further comments from Staff, the public hearing was opened. Bob Wiegers, Orange County Planning Department, came forward stating that there were several concerns. Orange County has not established PUD zoning on this property. The Future Land Use policy for the site is the north half has been designated as rural and is one unit per ten acres, and the south half is in the Windermere Rural Settlement and is designated as one unit per acre. The south half could be technically considered as preservation district. This property is not compact and contiguous to the City limits which is a matter of opinion of the Orange County Staff. • fir► 12 Parker Lawrence, 708 NW 8th Avenue, Gainsville, FL 32601, came 4111rw forward stating that the subject property is family property, and he was present on the behalf of the family. He stated that the property is contiguous to the City and there is property zoned PUD on the north side of the property. Mr. Lawrence stated that the family is requesting Agricultural zoning. Their intent and vision of the property is to develop the property with less than 4 units per acre. Mr. Lawrence stated that requesting annexation and zoning into the City of Ocoee was a tough decision to make. James (Jim) Lackey, 1703 Down Lake Drove., Windermere, FL 34786, came forward as against the petitioner's request for annexation and zoning. Mr. Lackey stated that the City of Ocoee should not annex anything south of Roberson Road. Mary Montulli, 10506 Down Lakeview Circle, Windermere, FL 34786, came forward against the petitioners request for annexation and zoning. Her concerns were traffic, density, and development in the area. Sam Mutch, 708 NW 8th Avenue, Gainesville, FL 32601, Professional Planner and Attorney representing the Lawrence family came forward stating that the family wants annexation into the City of Ocoee because they feel they can get better flexibility with the City and the Comprehensive Plan, and be provided City services. The zoning requested at A -1 equals 1 du /ac, this is the same as the people that are opposing this property; the only difference being, is that ,,, it will be in the City. The family is not ready to develop the property at this time. Linda Boone, Sixth Street, Gotha, FL, came forward against the petitioner's request for annexation and zoning. Ginger Martin, 11329 Winston Willow Ct., Windermere, FL 34786, came forward against the petitioner's request of density. She stated that she would like to see one unit per ten acres. Harry Strange, 1177 Seventh Avenue, Winter Garden, FL, (Gotha), came forward as in favor of the petitioners request as long as the density is limited to one unit per acre. Kurt Ardaman, 170 E. Washington Street, Orlando, FL 32801, came forward representing the land owners in Gotha. Mr. Ardaman presented maps of the area to the Board. After a lengthy presentation by Mr. Ardaman, he stated that his principal reason for requesting denial of the annexation and zoning of the subject property was the Future Land Use designation of Ocoee is 3.99 maximum density, and Orange County is one unit per acre. 13 After no further input from the public, the public hearing was closed and the issue was brought to the table for discussion. Chairman Shiver stated that his opinion of not annexing and zoning the property has nothing to do with what the petitioner wants to do with the property, but that he is committed to vote against any annexation south of Moore Road. Commissioner Switzer moved that the Planning and Zoning Commission recommend to the City Commission that Case No. 2- 13AR- 92:LAWRENCE be denied annexation and initial zoning. Commissioner Rhodus seconded, and the motion carried in favor 3 -2. All in favor: Rhodus, Shiver, Switzer. All opposed: Swickerath, Weeks. CASE NO. 2 03AR 92:BAKER Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex and Initially Zone the subject parcel from Orange County, "Agricultural" to City of Ocoee "A -1, General Agricultural ". The subject parcel is 8.9 acres located on the east side of Seventh Avenue, 800 feet south of Moore Road, with site access provided by Seventh Avenue. The Planning Director has determined that the property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map as Low Density Residential. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. After no further comments from Staff, the public hearing was opened. Charles Baker, 1161 Seventh Avenue, Winter Garden (Goth), FL, came forward and stated that it was not his intent to live on the property that he wants to sell, and stated that nobody wants to buy in the County. Bob Wiegers, Orange County Planning Department, came forward stating that the subject property is part of the Gotha Rural Settlement. The Orange County Future Land Use designation for this area is one unit per acre. The County cannot object or agree to the zoning or intensity that the petitioner is requesting. The property is not compact and contiguous, and Orange County objects to the annexation of this property. Harry Strange, 1177 Seventh Avenue, Winter Garden (Gotha), FL, came forward stating that his residence is south of the subject parcel and objects to higher density. 14 Tim Karr, 17802 Jefferson Street, Winter Garden, FL 34787, came r forward in favor of the petitioner's request, stating that the City should give these people a right to come into the City. Al Besade, 144 G Springwood Circle, Longwood, FL 32750, came forward in favor of the petitioner's request. Jim Taylor, 1725 Hempel Avenue, Gotha, FL 34734 came forward and read a prepared statement for the record (See Attachment "B" - Remarks to the Ocoee Planning and Zoning Board, November 18, 1992). He requested that the petitioner's request be denied. Linda Boone, Sixth Street, Gotha, FL came forward against the petitioner's request. Jon Guess, 6618 McCambell Cluster, Centreville, VA 22020, came forward stating the growth is coming to the area. After no further input from the public, the public hearing was closed and the issue was brought to the table for discussion. Commissioner Swickerath moved that the Planning and Zoning Commission find that the requested Annexation and Initial Zoning is consistent with the Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Land Development Code and is in the best interest of the City and recommend to the City Commission Approval of the petition in Case Irr. Number 2- 03AR- 92:BAKER, that the property described therein be annexed with an Initial Zoning of A -1, General Agricultural as requested by the petitioner, and that the City Commission find the proposed Annexation and Initial Zoning to be consistent with the Ocoee Comprehensive Plan. Commissioner Weeks seconded, and the motion carried 3 -2 in favor. All in favor: Rhodus, Swickerath, Weeks. All opposed: Shiver, Switzer. CASE NO. 2- 24AR- 92:BLAYER Julian Harper, Ocoee Planning Department, read the Staff Recommendation to approve the petitioners request to Annex and Initially Zone the subject parcel from Orange County, "Agricultural" to City of Ocoee "R -1 -A, Single Family Dwelling ". The subject parcel is located on the east side of Seventh Avenue and 200 feet south of Moore Road, with site access provided by Seventh Avenue (unpaved). The Planning Director has determined that the subject parcel is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. • 15 After no further comments from Staff, the public hearing was opened. Bob Wiegers, Orange County Planning Department, came forward stating that the subject property is not compact and contiguous with the current City limits. The proposed zoning of R -1 -A, Single Family Dwelling is inconsistent with the County's Future Land Use Designation of one unit per acre. The subject property currently lies between the City and the Gotha Rural Settlement area. It is the County's opinion that the City not annex into the rural settlements. Al Besade Jr.,. 144 G. Springwood Circle, Longwood, FL 32750, came forward on behalf of his Aunt. Mr. Besade stated that it is hard to sell the subject property because of what is coming in the area; small lots 50' to 60' wide lots, multi - family, and commercial. Harry Strange, 1177 Seventh Avenue, Winter Garden (Gotha), FL, came forward against the petitioner's request. Jim Lyfle, P.O. Box 238, Gotha, FL 34734, came forward against the petitioner's request. Time Karr, 17802 Jefferson St., Winter Garden, FL 34787, came forward in favor of the petitioner's request. Kurt Ardaman, 170 E. Washington Street., Orlando, FL 32801, ittir forward against the petitioner's request. Commissioner Rhodus questioned Mr. Besade if he would consider changing the zoning request from R -1 -A to A -1. After a good bit of thought and being the Owner's Authorized Agent, Mr. Besade agreed to amend the application to A -1, Agricultural zoning, of one unit per acre. Planning Director Behrens stated that if the zoning was changed tonight, the new zoning request for A -1 would go to the City Commission as A -1, Agricultural not R -1 -A, Residential, and that the advertisement must show the change. Jim Taylor, 1725 Hempel Avenue, Gotha, FL 34734, came forward asking where the property owners were during the annexation of their surrounding properties. Linda Boone, Sixth Street, Gotha, FL, came forward against the petitioner's request. After no further input from the public, the public hearing was closed and the issue was brought to the table for discussion. 16 Commissioner Switzer stated that he had been with the Planning and Zoning Commission for several years and it was his understanding that as far south as Ocoee was going to go was the airport. The Joint Planning Area Line that was drawn to the airport that he voted against was later redrawn to Moore Road. He was assured by several people, some that have left the City, that the City was not going to go any further south than Moore Road, because that belongs to the Windermere area and the Gotha area. This supports the Chairman's point of view that the City should not go any further south than Moore Road. Commissioner Weeks moved that the Planning and Zoning Commission find that the requested Annexation and Initial Zoning is consistent with the Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Land Development Code and is in the best interest of the City and recommend to the City Commission Approval of the petition in Case Number 2- 24AR -92: BLAYER, that the property described therein be annexed with an Initial Zoning of A -1, Agricultural as requested by the petitioner, and that the City Commission find the proposed Annexation and Initial Zoning to be consistent with the Ocoee Comprehensive Plan. Commissioner Rhodus seconded, and the motion carried in favor 3 -2. All in favor: Rhodus, Swickerath, Weeks. All opposed: Shiver, Switzer. CASE NO. 2 15AR 92:GUESS Julian Harper, Ocoee Planning Department, read the staff recommendation to approve the petitioners request to Annex and Initially Zone the subject parcel from Orange County, "Agricultural" to City of Ocoee "A -1, Agricultural ". The subject parcel is 9.9 acres located on the east side of Seventh Avenue at the eastern end of Moore Road, with site access provided by Seventh Avenue. The Planning Director has determined that the property is in compliance with the City of Ocoee's Comprehensive Plan and Future Land Use Map. The City can currently provide urban services to this property if annexed. A Developer Agreement concerning the annexation of this property will be required by the City. After no further comments from Staff, the public hearing was opened. Bob Wiegers, Orange County Planning Department, came forward stating that the property is not compact and contiguous with the current City limits. Orange County's Future Land Use Designation is one unit per acre. The County request that the City not annex into the Gotha Rural kikor 17 iy Jon Guess, 6618 McCambell Cluster, Centreville, VA 22020, came forward as the applicant of the property and co- owner. Jim Taylor, 1725 Hempel Avenue, Gotha, FL, came forward against the petitioner's request, and stated that Ocoee cannot control the growth they have already. Jim Lyfle, P.O. Box 238, Gotha, FL, 34734, came forward against the petitioner's request. Tim Karr, 17802 Jefferson Street, Winter Garden, FL 34787, came forward in favor of the petitioner's request, and stated that the property is located north of Moore Road. Yvonne Strange, 1177 Seventh Avenue, Winter Garden (Gotha), FL 32787, came forward with a general comment on zoning. After no further input from the public, the public hearing was closed and the issue was brought to the table for discussion. Commissioner Weeks moved that the Planning and Zoning Commission find that the requested Annexation and Initial Zoning is consistent with the Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Land Development Code and is in the best interest of the City and recommend to the City Commission Approval of the petition in Case Number 2- 15AR- 92:GUESS, that the property described therein be annexed with an Initial Zoning of A -1, General Agricultural as requested by the petitioner, and that the City Commission find the proposed Annexation and Initial Zoning to be consistent with the Ocoee Comprehensive Plan. Commissioner Rhodus seconded, and the motion carried in favor 3 -2. All in favor: Rhodus, Swickerath, Weeks. All opposed: Shiver, Switzer. ADJOURNMENT: The meeting adjourned at 12:40 a.m. // ckey h ver, 0• airman ATTEST: Ellen King, Deputy Cle "iim'' 18 Attachment "A" �? 0. Vox 770249 . i (407) 656 -2124 1 1444a. 94 34777-02491 Bros lax (407) 656 -1751 . �,�., f adutfut Vac r"rcatdurt HAND DELIVERED November 18, 1992 Mr. Bruce C. Behrens Director of Planning City of Ocoee 150 N. Lakeshore Drive Ocoee, Fla. 34761 Re: Planning & Zoning Public Hearing 11/18/92 Annexation /Zoning south of Highway 50 • Dear Bruce, In an attempt to conserve time at the Public Hearing tonight, I am putting our response in writing to the P &Z meeting for the above agenda. I request that you provide each member with a copy as well as reading aloud into the minutes. We appreciate your assistance with this matter. Sinc- e r'" • enn Jac) • Attachments: Letter to P &Z dated 11/18/92 Attachnwnt "A" continued • P.O. hex 770249 e t�9434777-0249 r ° (407) 656 -2124 ?urse �c, Bros. Sax (407) 656-1751 . , f Tilde Ps :idegl November 18, 1992 HAND DELIVERED Planning & Zoning Commission City of Ocoee 150 N. Lakeshore Drive Ocoee, Fl. 34761 Re: Comments for discussion at Planning & Zoning meeting scheduled for 11/18/92 - Annexation /zoning South of Highway 50 along Maguire Rd. Ladies and Gentlemen, Please accept this as our official response to the matters coming to you tonight regarding the above items. Historically, Heller Bros. Groves has supported the growth_ of the City of Ocoee. We still do. However, as concerning the requests before your board tonight at the Public Hearing to Annex and rezone several parcels of land south of Highway 50 in the general vacancy of Maguire Rd, we believe that these requests should be delayed until the City has developed a specific plan to solve the concurrency traffic problem which already exists on Maguire Rd for land owners presently within the city limits. We would support the annexation and rezoning if, as a part of your approval, you required them to be a part of a planned solution of the Maguire Rd. traffic concurrency before receiving any development approvals. We appreciate your continued hard work in behalf of the Citizens of Ocoee. •,Glenn Ja •' , Attachment "B" 3t)/w-7-114- REMARKS TO THE ,,, OCOEE PLANNING AND ZONING BOARD NOVEMBER 18, 1992 MY NAME IS JIM TAYLOR AND I LIVE AT 1725 HEMPEL AVENUE. THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU THIS EVENING. I HAVE LIVED IN GOTHA FOR 34 YEARS, YET ATTENDED SCHOOL FOR A SHORT TIME IN OCOEE AND HAVE BEEN A MEMBER OF THE OCOEE UNITED METHODIST CHURCH ALL MY LIFE. I AM PROUD TO SAY THAT BOTH GOTHA AND OCOEE HAVE PROVIDED ME WITH A RICH HERITAGE AND EXCELLENT UP- BRINGING. I AM ALSO PROUD TO SAY THAT SOME OF THE OWNERS OF PROPERTIES PROPOSED FOR ANNEXATION THIS EVENING HELPED RAISE ME AS I GREW UP IN GOTHA. UNFORTUNATELY, THE RECENT PHILOSOPHY OF RAPID GROWTH AND MASSIVE ANNEXATION BY OCOEE POLITICIANS AND PLANNERS THREATENS THE NEIGHBORLY RELATIONSHIP THAT I AND SO MANY RESIDENTS OF GOTHA HAVE EXPERIENCED IN THE PAST WITH YOUR CITY. I EMPHASIZE POLITICIANS AND PLANNERS BECAUSE A CLEAR MAJORITY OF OCOEE VOTERS PREFER MAINTAINING THE CORDIAL COEXISTENCE (AND SEPARATION) OF OCOEE AND GOTHA. YOU MAY BE INTERESTED TO LEARN THAT OVER 57% OF THE VOTERS IN OCOEE PRECINCTS VOTED TO APPROVE CHARTER AMENDMENT #3. AS YOU MAY RECALL, AMENDMENT THREE ALLOWS THE ORANGE COUNTY COMMISSION TO DESIGNATE COMMUNITIES, SUCH AS GOTHA AND CLARCONA, AS PRESERVATION DISTRICTS. OVER FIFTY SEVEN PERCENTIII IT SEEMS TO ME THAT THE CITIZENS OF OCOEE HAVE GIVEN YOU THE PLANNING AND ZONING BOARD AND THE OTHER CITY OFFICIALS A CLEAR MANDATE, STAY OUT OF ESTABLISHED, HISTORICAL COMMUNITIES. FURTHERMORE, OCOEE'S POSITION ON GROWTH THREATENS THE NEIGHBORLY RELATIONSHIPS THAT ARE SHARED BY THE MANY RESIDENTS OF GOTHA. IT IS DIFFICULT, EVEN UPSETTING, FOR MANY OF US TO TAKE A POSITION AGAINST OUR NEIGHBORS AND FRIENDS THAT WE HAVE KNOWN SO LONG; I LAY THAT BLAME ON THE OCOEE OFFICIALS THAT ENTICE AND LURE DEVELOPERS AND LANDOWNERS TO ANNEX INTO OCOEE WITH THE PROMISE OF HIGHER DENSITIES AND GREATER PROFITS. FOR THE WANT FOR A LARGER TAX BASE YOU ARE WILLING TO DESTROY A COHESIVE AND ESTABLISHED COMMUNITY. THE ATTEMPT BY STAFF AND POLICY MAKERS TO ANNEX THE THREE PARCELS (PROPOSALS 521, 534, 539) WITHIN THE GOTHA RURAL SETTLEMENT CLEARLY DISREGARDS THE MANDATES OF ITS OWNS CITIZENS AND VIOLATES THE CONCEPT AND INTENT OF RURAL SETTLEMENTS. WITH A MAJORITY OF LAND IN OCOEE ALREADY BEING VACANT, THE ANNEXATION OF THESE PARCELS IS JUST BAD PLANNING. I RESPECTFULLY REQUEST THAT THE BOARD DENY APPROVAL OF THESE PARCELS