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HomeMy WebLinkAbout06-08-1993 • MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, JUNE 8, 1993 CALL TO ORDER: The meeting was called to order by Chairman Shiver at 7:40 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: Tanya Miller (7:50), Jim Swickerath, Gerald Weeks, Darlene Rhodus, Pat Bond, Alternates: Louis Landefeld, Robert McKey, Director of Planning Bruce Behrens and City Attorney Duke Woodson, Clerk Sally Adcock CONSENT AGENDA: A. Minutes of the Regular Planning and Zoning Commission Meeting of May 11, 1993 "'' Commissioner Swickerath requested the May 11 minutes, the first item under New Business, reflect that he, in fact, did apologize publicly to Director of Planning Bruce Behrens. Harold Switzer moved to approve the minutes of May 11, 1993, seconded by Louis Landefeld. The motion carried unanimously. NEW BUSINESS: HUDSON COMMERCIAL PARK MITIGATION PLAN Director of Planning, Bruce Behrens, first stated that this was a discussion of the Mitigation Plans for the Wetlands ONLY, not a Preliminary Subdivision Plan. Mr. Behrens then proceeded to read the Staff Report of June 2, 1993. Mr. Behrens referred to the Comprehensive Plan on page 49 and Policy 4.6: the City shall require developers to delineate conservation plans on a site by site basis as their development plans are submitted (which Mr. Hudson has done). Mr. Behrens discussed that Exhibit D, a letter from Liz Johnson of St. John's Water Management District, dated March, 1993, refers to two other letters sent to the developer requesting additional information, because they have identified this as a wetland area and are now processing the Mitigation Plan review. Planning and Zoning Commission Regular Meeting June 8, 1993 Page Two Planning Director Behrens' recommendation is that the Planning and Zoning Commission approve the Recommended Findings of Fact and Conclusion of Law except that no development impacts should be permitted to the 23 acre Class II Wetland identified as Wetland 4, the seventy -five (75) foot buffer requirement be reduced to twenty - five (25) feet adjacent to Wetland 4; a Conservation Easement should be required by the City over Wetland 4 to ensure it remains undisturbed. The Public Hearing was opened. Mr. Ed Hudson, Hy Properties, 823 Observatory Court, Orlando, FL was present as the developer of Hudson Commercial Subdivision. Mr. Hudson directed the Commission to Natural Resource Management, Part I, Article VII (which was included in a packet Mr. Hudson distributed to the Commissioners). Commissioner Swickerath asked clarification of where this material came from. Mr. Hudson said from the Land Development Code. Mr. Hudson said he does not understand why he cannot mitigate that one -third acre and create 2 1/2 acres in the back, which is more than the City requires, and why this is considered a public health issue. Mr. Hudson said if he is not allowed mitigation, he would not be allowed reasonable and beneficial use of his land. Commissioner Shiver asked where mitigation would take place. Mr. Hudson said in the northwest corner, 1/3 acre. Commissioner Shiver asked if Mr. Hudson was asking for permission to destroy the 1/3 acre? Where will the 1/3 acre be mitigated, 2 for 1. Mr. Hudson said he would enhance. The real issue, as Commissioner Swickerath sees it from information supplied, is no one has enough information. The Mitigation area is concentrated in an area that Orange County says is of marginal quality. St. John's Water Management is concerned about the integrity of this environment that is part of the bigger wetland and have acknowledged that the other wetlands are considerably of less significance. Commissioner Swickerath expressed a desire to have lots numbered, and know the existing plant population. Commissioner Swickerath asked why Mr. Hudson did not come to Commission with Conceptual Plan. Mr. Hudson said he became aware that the City would only go along with whatever Orange County said. Commissioner Swickerath pointed out that Mr. Hudson would need approval from both St. John's Water Management and Orange County. Planning and Zoning Commission Regular Meeting June 8, 1993 Page Three Commissioner McKey asked clarification between Land Development Code of 2 to 1 and Mr. Behrens' documents that states 3 to 1 in creating new wetland areas. Mr. Behrens stated that 3 to 1 came from the Comprehensive Plan, which takes precedence. Chairman Shiver asked who and how do you know mitigation is met (either 2 to 1 or 3 to 1). City Attorney Duke Woodson said it was a judgement call. After further discussion clarifying the location of the property and how long Mr. Hudson has owned the property, it was established that enough information has not been made available from St. John's Water Management, the following motion was made: Commissioner Jim Swickerath moved to approve the Mitigation Plan proposed by the applicant subject to approval of a conceptual permit by the St. John's River Water Management District which would allow encroachment in Wetlands Area 4 and mitigation for that encroachment and subject to a subsequent review of the mitigation plan at the time of final engineering. Seconded by Louis Landefeld. The motion carried 5 to 2. There was a 10 minute break. Commissioner Tanya Miller left the meeting. HOLZWORTH ANNEXATION AND INITIAL ZONING ORDINANCE NOS. 93 -11 AND 93 -12 Commissioner Pat Bond said she represented the Holzworth's and therefore could not enter in to discussion or vote. Director of Planning Bruce Behrens read the Staff Report of June 3, 1993 for the record. The issue is "Should the Planning and Zoning Commission recommend approval of this application to Annex and Initially Zone the subject parcel from Orange County "C -1, Retail Commercial District, to City of Ocoee, Ocoee "C -1, Neighborhood Commercial District "? The Staff recommends that the Planning and Zoning Commission take the following action with respect to the petition in Case Number 1- AR93: Holzworth. That the Planning and Zoning Commission find Nior Planning and Zoning Commission Regular Meeting June 8, 1993 Page Four that the requested Annexation and Initial Zoning is consistent with Ocoee Comprehensive Plan and Future Land Use Map, complies with all applicable requirements of the Ocoee Development Code and is in the best interest of the City and recommend to the City Commission APPROVAL of the petition in Case Number 1- AR -93: Holzworth. That the property described therein be annexed with an Initial Zoning of "C -1, Neighborhood Commercial District" as requested by the petitioner, and that the City Commission find the proposed Annexation and Initial Zoning to be consistent with Ocoee Comprehensive Plan. The Public Hearing was opened. Mr. James E. Holzworth, 7909 Arabian Place, Orlando, FL 32818, owner of the property was present. Commissioner Swickerath asked if the west property line of site is the right -of -way for Second Street. Mr. Holzworth affirmed that it was. It was established that there was no one's property between Ntor Mr. Holzworth's property and Second Street; therefore, the property can be accessed from Silver Star Road and Second Street. After no further comments, the public hearing was closed and the issue was brought to the Commission for discussion. There was no discussion. A motion was made: Commissioner Harold Switzer moved that the Planning and Zoning Commission recommend to the City Commission to approve the application to annex this property as stated in the Staff Recommendations. The motion was seconded by Commissioner Jim Swickerath. The motion was approved unanimously with a vote of 5 -0. C. LAND DEVELOPMENT CODE AMENDMENT PROPOSED ORDINANCE 93 -06 ZONING CODE REVISIONS INCLUDING DEFINITIONS OF AUTOMOBILE REPAIR, AUTOMOTIVE BODY REPAIR, AUTOMOTIVE WRECKING SALVAGE YARDS AND AMENDING TABLE 5 -1 ENTITLED "USE REGULATIONS" Director of Planning, Bruce Behrens, stated that this was a continuation of a Public Hearing,. Planning and Zoning Commission Regular Meeting June 8, 1993 Page Five ISSUE: Should the Planning and Zoning Commission recommend the approval of the proposed Zoning Code revisions as set out in Ordinance No. 93 -06? Director Behrens read the Staff Report of June 3, 1993 authored by D. W. Flippen, Director of Building and Zoning, after he reminded the Commission that when this was first brought before the Commission, there were some concerns that needed to be addressed. This has been revised and now resubmitted. The first four sections were in the original submittal. Sections 5 and 6 have been added to clarify what constitutes automotive repair by excluding tire recapping and body shops from permitted uses of all three commercial zones and reestablishing them as an I- 2 Zone Industrial District. Clarification on definition of a Service Station was rendered by the Code Book. Sol.. The Public Hearing was opened. After no comments from the public, the Public Hearing was closed. Commissioner Bond raised a question of what happens when C -1 property was okay when opened, then an ordinance is established that does not allow that particular business? Planning Director Behrens answered that the business could be sold, but not expanded. If business is expanded, it would then be required to meet new Ordinance. Commissioner Harold Switzer referred to page 2, item #6, the Table referred to should reflect 5 -1, not 5 -2. The Ordinance had it correct. Planning Director Behrens said that item #6 of Staff Report states that whatever recommendations the Planning and Zoning Commission and City Commission votes on will be reflected in Table 5 -1, Use Regulations. Commissioner Darlene Rhodus moved to recommend the adoption of Ordinance No. 93 -06. The motion was seconded by Commissioner Bond. Commissioner Swickerath stated that he was uncomfortable with not allowing gasoline sales in C -1. Planning Director Behrens said that was passed by City Commission. ‘1)i'' The motion was approved 4 - 2. • Planning and Zoning Commission Regular Meeting June 8, 1993 Page Six D. CAPITAL DISCUSSION Special meeting on Capital Improvements has been canceled, it will be brought up at the next Planning and Zoning Commission Regular Meeting, July 13, 1993. COMMENTS: Planning Director Behrens commented that Albertson's had broken ground, they are under construction and hope to be ready by Thanksgiving. No planned groundbreaking ceremony, as yet. Commissioner Darlene Rhodus stated that the landscaping by her work looks great! Planning Director Behrens announced that the Golf Course will have a groundbreaking on June 22 and is looking to be operational January, 1994. He also added that Friday at 1 p.m. will be the preapplication for Homart for the Mall (they are just in the talking stage right now), there are many issues, yet; looking to 0 14144, see if it can be done. An article should be in the Sentinel. Chairman Shiver asked if there were any citizen comments. There were none. ADJOURNMENT: The meeting adjourned at 10:15 p.m. / Lam! 1 / Mir.key iver, Colman ATTEST: Sa.ly dco , Clerk