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HomeMy WebLinkAbout11-09-1993 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, NOVEMBER 9, 1993 lore CALL TO ORDER: The meeting was called to order by Acting Chairman Switzer 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: Acting Chairman Switzer, Members Jones, Landefeld, Miller, Rhodus, Alternate McKey, Planning Director Wagner, Economic Development Coordinator Behrens, Deputy Clerk King, and Clerk/Stenographer Lewis. ABSENT: Members: Swickerath, Bond, and Alternate Draia. CONSENT AGENDA: Minutes of the Regular Planning and Zoning Commission Meeting of October 12, 1993. Member Landefeld, seconded by Member Miller, moved to ap i rove the Minutes as s resented. The motion carried 5 -0. NEW BUSINESS: SHOAL CREEK (Public Hearing) % ow Shoal Creek is a proposed 35.11 acre single family subdivision located south of White Road, west of California Avenue. The project consists of 86 lots at a gross density of 2.45 D.U. /Acre. Zoning is R1 -AA which requires a minimum 9,000 s.f. lot area with a minimum 75 foot frontage. Planning Director Wagner presented a Revised Staff Report rationale on the Shoal Creek Preliminary Subdivision Plans of October 22, 1993 subject to the following three waivers: 1. Section 6 -2 (A) (5) - Waiver from the requirement to pave California Avenue, an existing dirt street that abuts the project. 2. Section 7 -2 (B) (3) - Waiver from the requirement that a 50 foot environmentally sensitive lands boundary be provided adjoining the FEMA 100 Year Floodplain area. 3. Section 7 -4 (B) (3) - Waiver of the required 75 foot buffer area adjoining a Jurisdictional Wetlands Area in favor of a 25 foot buffer. The first waiver was agreed to by the DRC after careful review of the surrounding street network in the vicinity of the Project. Staff reviewed the potential need for the paving and extension of California Avenue as a north -south connection to S.R. 50. Due to poor intersection geometry at White Road and the potential adverse impact to a large portion of wetlands, staff determined that Montgomery Avenue was the better alternative for extension of this collector roadway. Given that Montgomery Avenue is already paved to Geneva Street, and that California Avenue only serves a limited number of larger Orange County parcels, the DRC was agreeable Planning and Zoning Commission Regular Meeting November 9, 1993 4 400► to the waiver because improvement of this roadway would be of virtually no direct benefit to the proposed project. Additionally, the developer has worked closely with the staff to vacate unnecessary rights -of -way while, at the same time, creating an internal roadway system which will ensure adequate east -west access within the Project area. The second waiver was recommended for approval based upon agreement by the developer to preserve a substantial portion of the upland wooded area adjoining the wetlands on site. The published 100 -Year FEMA floodplain line depicted on the Plan was obviously established incorrectly since it crosses numerous topographic lines. Based upon a prior floodplain study, the developer believes the 100 -Year flood boundary to be at an elevation of approximately 102 feet. This elevation largely corresponds to the wetland line as established by St. Johns River Water Management District ( SJRWMD) and Army Corps of Engineers (ACOE). Staff, however, has conditioned Final Plans and lot layouts on the results of a new floodplain study to be undertaken by the developer's engineer. Based upon the results of this analysis, the FEMA map will be amended accordingly. Precise stormwater calculations may then be developed to ensure that the development is adequately protected from flooding and that no adverse impacts are generated by the Project. Additionally, after review of the existing topography of the site, together with an on -site inspection, staff believes that the developer has proposed to substantially save those wooded lands which could be construed as environmentally sensitive. All other lands which might fall within the 50 foot buffer area are remnant orange groves which provide no particular environmental value. The third waiver was recommended by the DRC based largely on the rationale cited for the 100 - Year floodplain waiver. The developer has largely preserved those lands adjoining the wetland which could be constructed as environmentally significant. Additionally, preservation of a 25 foot buffer is cited as a policy within the Comprehensive Plan. Staff believes that this is a more prudent buffer based upon precedents established by SJRWMD and ACOE. Planning Director Wagner explained that the City through a number of plan iterations and reviews, worked with the developer to create a workable project that substantially complies with the spirit and intent of the Comprehensive Plan and Land Development Code. An added benefit of the Plan will be the provision of a dual left turn lane on White Road which will not only serve this project but the residents of Sleepy Harbour and Lake Shore Gardens as well. Almost 1.7 acres of wooded uplands will be preserved for passive recreation, and all existing wetlands will be preserved within perpetual conservation easements. The preservation of this land will serve as a starting point for the establishment of a natural greenway to be augmented by each future development situated along this drainage corridor. After no further comments by staff, the public hearing was opened. 2 Planning and Zoning Commission Regular Meeting November 9, 1993 ', Ray Bradick, project engineer, Bowyer- Singleton & Associates, Inc., said the staff and developer had gone through several processes to come together with a plan that performs the need and meets the City criteria. The staff worked long and hard to come up with a plan, adequately preserving the aesthetic of the property as well as build a quality subdivision that would make the City proud. The wetland line as far as the board is concerned is well up land of extremely wooded areas. It is not jurisdictional but the staff and engineer felt that in the end, by preserving it, it would be an asset to the community to provide a walk trail, park area, as well as keeping nature areas so the people can enjoy the neighborhood. Bowyer Singleton & Associates believes with confidence that the 100 Year Flood Study will find that the flood elevation will be at an elevation of approximately 102 ft. which is not depicted by the FEMA lines. The FEMA lines cut right through the hill and groves and has not been wet in many years. In most cases, the developer will provide in excess of the 50' buffer for the 100 Year Flood Plan. East /West access is being provided to California Avenue and depending upon the future of a road network system, it may be extended easterly to tie into Montgomery Avenue. The California Avenue waiver is basically a road that backs up to houses and is really not an access to anything except to a small enclave of the County, dependant upon what happens to the Montgomery realignment, this road may not exist ten years from now and may be vacated due to the alignment problem. Mr. Bradick said the current residents on California Avenue will have access through various avenues. These people will have total use of what is existing. Planning Director Wagner commented that all of the unnecessary rights -of -way will be vacated completely where they are adjoined. The State law essentially requires that when there is a street vacation the land adjoining on either side of the property will go to the adjoining property. In this case the developer will take advantage of the 30' strip where it is adjoining an existing subdivision and those people will gain 30'. Mrs. Yvonne Allen, 501 Bernadino Drive, asked at what point will the 30' of Jackson Street become a part of her property and if it included the survey. She also expressed concern about the wetlands. Planning Director Wagner said, once the plans are approved the developer will proceed through a formal street vacation process and the interested parties will be notified of the action. Once the City Commission takes that action, there will be a couple of public hearings. Following the hearings Mrs. Allen would complete a form with the County formally transferring the property. Only if Mrs. Allen was selling the property would there be a need for a survey. It would be necessary, however, to complete forms concerning the 30' affecting property taxes. Chairman Switzer assured Mrs. Allen that she would be notified as a property owner of everything throughout the process. Mrs. Nancy Barsi, 509 Bernadino Drive, expressed concern about flood plans to the area. v... 3 Planning and Zoning Commission Regular Meeting November 9, 1993 Project Engineer Bradick said that the final engineering plan of the City, specifically the 100 Year Flood Plain, will protect this area with retention ponds to collect the run off storing excess water, discharging it after a storm and allowing it to bleed off slowly. Ms. Maggie Kern, 501 Bernadino Drive, asked about the paving of California Avenue, the creation of a recreation park area, and the congestion of parking in the event of an emergency situation requiring assistance. Ms. Kern said there are a lot of children in the area and asked if security will be provided during development, expressing concern that vandalism is high after workmen leave the job site. Project Engineer Bradick said that someone is around all the time during development, but 24 hour security guards are not provided. Mr. R. P. Mohnacky, 1820 Prairie Lake Blvd., expressed his concern of emergency vehicle access and also of the wetlands. Planning Director Wagner said that the developers had largely preserved the wooded area that is adjoining the actual wetlands, protecting the environmentally sensitive areas. After no further comments the public hearing was closed and the discussion was brought to the table. Chairman Switzer asked why the City was paying, instead of the developer, for the upsizing •► of waterlines from 8" to 12" on streets "A" and "C ". Mr. Wagner said that it was a request by the City to upsize the line for future use. Mr. Bradick stated that the philosophy behind the upsizing is that their development needs an 8" line to provide fire flows and domestic needs. The City in their Master Plan for future development is deemed in the City's best interest to upsize that line for future use. The developer's feeling was that there will be another developer down the road that is going to take advantage of that 12" line, then the City ought to go back to that developer and inform him that it is a part of his connection cost and should pay the cost of the upsize. The developer of Shoal Creek does not need the 12" line. Mr. Switzer said that he would mention this at the City Commission Public Hearing, and expressed his disapproval with the philosophy. Both, Chairman Switzer and Member Jones, pointed out the need of a formal adoption of the 100 Year Flood Plain line. Planning Director Wagner said there is a difference between what the Comprehensive Plan of the City calls for as a policy in an environmental matter. Member Landefeld seconded b Member Jones moved to a . . roved the Preliminar Subdivision Plans of Shoal Creek, subject to waivers 1, 2, and 3, the waterline upsize brought to the attention of the City Commission for further consideration. The motion carried 5 -0. OLD BUSINESS None 16r.- 4 Planning and Zoning Commission Regular Meeting November 9, 1993 OTHER BUSINESS None COMMENTS PLANNING DIRECTOR WAGNER: None MEMBERS: MEMBER MILLER: Member Miller asked for a review of the request for special exception by St. Paul's Presbyterian Church for a school in R -3 zone, saying it had been reviewed and recommended to the City Commission to grant special exception to allow a permanent school use in an R -3 zone, subject to the school enrollment not exceeding a total of 194 part-time students, and all school activities conducted to end at a certain time. Ms. Miller expressed disapproval of the City Manager's presentation, giving the DRC recommendation instead of the Planning and Zoning Commission recommendation. The DRC recommendation had a stipulation that a special exception be granted with the church having board members on the school board. The DRC had no business telling the church and school what to do, and the City should not open Pandora's Box that would not keep with the religious or ministerial duties of the church. Jazzercize is carried on and is advertised at the Ocoee Methodist Church and that is a commercial enterprise in an R -1 -A zoning. Member Miller had a real problem with the City Commission possibly not granting a special exception for a school which is pending their non - profit status. Both, Member Miller and Chairman Switzer, said they were available to attend the next City Commission meeting to address this issue. Chairman Switzer said that the real issue was brought to a head by Commissioner Johnson when he said this was brought up a year ago in which to become non - profit and to find a school home, and it was the basis for the approval in which the people are now enjoying, and his question is why they have not found a new school location and that no one in attendance at the meeting could answer. The City Commission meeting was continued in the hopes that during the next meeting someone from the principle groups would provide the answers to his question. Chairman Switzer said that he would be happy to convey the feeling of the Planning and Zoning Board. Ms. Miller said she had a problem with that the City Commission is more concerned with setting a precedent than getting a determination of what is a ministerial duty, pointing out that if you are going to do for one you should do for the other. CITIZENS: Citizen Mohnacky asked if being next to a residential area the land use right is legal. Chairman Switzer said he did not know if the City had the right to tell the Church, coming into play the Constitution of the United States of America, what they could do, therein, the gar 5 Planning and Zoning Commission Regular Meeting November 9, 1993 Nifty separation of Church and State, expressing concern from the Planning and Zoning Board of it flying in the face of the Constitution. ALTERNATE MCKEY: Alternate McKey said he would like to commend the Womans Club in arranging involvement in the public process of the election. Mr. McKey asked about enclaves and expressed his concern over City and County jurisdiction. Planning Director Wagner said that the City and County are dealing with a lawsuit regarding annexations and that this also concerned enclaves, and that he is hopeful that once the suit is settled that there are new provisions in the ELMS (Environmental Land Management Study) Legislation that will allow the cities and counties to agree upon taking some of the enclaves, and pointing out that it really becomes a dollars and cents matter for the City as to whether or not they want to take on that responsibility. Enclaves will undoubtedly come into the City as developers need water and sewer for the undeveloped areas. The developed enclaves are another larger issue. ADJOURNMENT The meeting adjourned at 8:45 p.m. /' ., / low . / / Div /_�i .`. l ROLD SWIT ER, ' fng Chairman ATTEST: C ` fi r. -V-L.4.- ELLEN KING, Deputy Clerk ,( .1 DIE LEWIS, Clerk/Stenographer Now- 6