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HomeMy WebLinkAbout02-14-1995 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, FEBRUARY 14, 1995 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:30 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Jones, Landefeld, Miller (arrived 7:30 p.m.), ljbsdfis, and Alternate Members Hopkins and McKey. Also present were Planning Director Wagner, Assistant City Attorney Zelkowitz, Planner Dow, and Deputy City Clerk Green. ABSENT: Nenc. /r 4 uu Cal ..OAA C:2ai.io„ ollwAtimo cuitwo CONSENT AGENDA The consent agenda consisted of acceptance and approval of items A and B: A. Minutes of the Planning and Zoning Commission Regular Meeting held Wednesday, October 26, 1994. B. Minutes of the Planning and Zoning Commission Special Meeting held Thursday, January 12, 1995. Member Landefeld, seconded by Member Jones. moved to approve and accept the consent agenda as presented. Motion carried 4 -0. (Member Miller arrived at 7:35 p.m.) NEW BUSINESS Homer Hysell Annexation, Case No. AR- 94 -07 -03 - Public Hearing Planner Dow presented her staff report dated January 23, 1995. She said staff had completed an annexation public facilities analysis for the 2.3 acre parcel located at 306 North Ocoee - Apopka Road and had concluded that, as a vacant parcel, the property would generate few demands for urban services. Staff had also concluded that any impacts generated by new development would be equitably offset by increasing ad valorem tax revenues and appropriate impact fees. Ms. Dow said the requested annexation would be consistent with: (1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the requirements of the JPA Agreement. She said that based on the above findings staff respectfully recommended that the Planning and Zoning Commission recommend approval of the annexation petition. Chairman Switzer opened the public hearing. Ms. Dow introduced Ms. Teresa Tygart who was present to answer questions as representative for the owners. As there were no comments from citizens, the public hearing was closed. Planning and Zoning Commission Regular Meeting February 14, `otir Member Bond said she supported reducing enclaves and increasing the City's tax base. Member Miller asked why this annexation would not create an enclave. Planner Dow explained that, according to state annexation criteria, it was the intent of the state legislature to reduce the size of any existing enclaves. As annexations are voluntary, awaiting applications from parcels along the edges and proceeding to the center would take a very long time to reduce existing enclaves. In theory, accepting applications in "patchwork quilt" fashion would eventually eliminate the enclave. Annexation of this parcel would bisect an existing enclave, rather than creating two new ones, and thereby reduce the 10 acre enclave by 20 %. Planning Director Wagner pointed out that with this enclave reduction all the parcels front on roadways. Access by other owners would not be impeded. Vice Chairman Bond seconded b Member Landefeld moved to recommend a I 'royal to the City Commission of the Hysell annexation petitioned for in Case No. AR- 94 -07 -03 and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the requirements of the JPA Agreement. Motion carried 5 -0. Homer Hysell Initial Zoning, Case No. AR- 94 -07 -03 - Public Hearing Planner Dow explained that, while in the past there had been one staff report for the annexation and zoning petitions for a parcel, there were now two staff reports in order to distinguish between the criteria for approving an annexation petition and the factors associated with approving an initial zoning request. Ms. Dow presented her staff report dated January 24, 1995. She said that Mr. Hysell has requested a zoning change from Orange County's A -1 to Ocoee's C -2, Community Commercial District. Staff has determined that the initial zoning request of C -2 would be consistent with the character of surrounding development and zoning patterns and would be consistent with: (1) Ocoee's Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) the JPA Agreement. Based upon the above findings, staff respectfully recommended approval of the initial zoning request of C -2, Community Commercial District. Chairman Switzer opened the public hearing. As there were no comments, the public hearing was closed. Vice Chairman Bond seconded b Member Jones moved to recommend a s 'royal to the Cit Commission of the initial zonin . of C -2 Communi Commercial District re • uested b M r. Homer H sell in Case No. AR- 94- 0 -7 -03 and find that the a • • lication is consistent with: 1 the Ocoee Com . rehensive Plan. 2 the Future Land Use Ma • • 3 the character of surroundin `fir►. 2 Planning and Zoning Commission Regular Meeting February 14, 1995 lbw develo . ment and zonin ! I atterns • and 4 the re' uirements of the JPA A. reement. Motion carried 5 -0. OLD BUSINESS: None. OTHER BUSINESS Election of Officers Member Landefeld, seconded by Member Jones, moved to retain Harold Switzer as Chairman and Pat Bond as Vice Chairman for the next year. Motion carried 5 -0. COMMENTS Planning Director Wagner reported that following approval by City Commission the mall documents had been sent to the state. The 45 day appeal period for the DRI and the 45 day compliance period for the Comprehensive Plan would conclude around March 17th. A portion of the Final Subdivision/Site Plans for the mall will come before the board at their next regular meeting in March. This portion will cover grading and earth moving so that work may get underway on the site. A Processing Agreement outlining an incremental review procedure will need to be approved '` by the City Commission and the developer before work is begun on the site. All plans will come back to the Planning and Zoning Commission and City Commission for approval. If there were any changes between the incremental plan and the final plan, the developer understands that it would be his responsibility to change it. This would permit the developer to proceed with the project immediately. Mr. Wagner reported that staff was developing an ordinance for a short form platting process for small subdivisions (i.e. 5 lots or less), and an ordinance for change to the Land Development Code having to do with utility pedestals. He also said that a Comprehensive Plan Amendment related to the Joint Planning Area would be coming up in the next month or so. Chairman Switzer asked about the number of annexations in progress. (Ms. Dow said there were about eight.) He asked staff to plan so that it would not be necessary for their meetings on annexations to extend to midnight. Member Miller asked if groundbreaking for the mall would occur March 20th as stated in the newspaper. Mr. Wagner said the first portion of plans would not come before City Commission until March 21st and a pre - construction conference would be required after that. *,. 3 Planning and Zoning Commission Regular Meeting February 14, 1995 The developer hopes to be ready for the pre - construction conference around the 24th. Member Miller asked if there were small trees that would be salvageable when the land is cleared if people in the community would be allowed to get them. Mr. Wagner said this issue had been discussed in City Commission meeting. He said most of the trees were either scrub trees or scrub oaks or very large trees and would not be worth salvaging. Vice Chairman Bond said she would be very much opposed to allowing citizens to retrieve the trees due to the liability. She said the City has an ordinance in place to save as many of the trees as possible. Chairman Switzer thanked the Commission for their faith in him as shown by asking him to serve as their chairman for the next year and thanked members for their support. He thanked staff for the information they were providing now, especially on the initial zoning, as the information answers many questions and saves time. Alternate Member McKey asked that board members resolve to request that the City Commission acknowledge ex -board member Swickerath for his years of service on the NtAw & Zoning Commission. He said the City would be hard - pressed to replace Mr. Swickerath. Chairman Switzer, seconded by Member Landefeld, moved to recommend to City Commission that the past service of Jim Swickerath on the Planning & Zoning Commission be recognized by the Commission at a formal City Commission meeting. Motion carried 5 -0. Board members asked that they be notified so they could be present for the presentation to Mr. Swickerath. ADJOURNMENT The meeting was adjourned at 8:00 p.m. arold Switzer, Chairm : i Marian Green, Deputy City Clerk 41 4