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HomeMy WebLinkAbout03-29-1995 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD WEDNESDAY, MARCH 29, 1995 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:35 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 Hopkins, Jones, and Miller (arrived 7:43 p.m.), and Alternate Members McKey and Williams. Also present were Planning Director Wagner, Planner Dow, Assistant City Attorney Zelkowitz, Assistant City Attorney Formella and Deputy City Clerk Green. ABSENT: Members Landefeld and Rhodus. CONSENT AGENDA The consent agenda consisted of acceptance and approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday,. March 14, 1995. Member Hoskins seconded b Chairman Switzer moved to a s . rove and acce . t the consent agenda as presented. Motion carried 4 -0. NEW BUSINESS Nay Kenjen, Ltd., Rezoning, Case No. AR- 94 -07 -02 - Public Hearing Planner Dow pointed out the subject property on the map and presented the staff report for the 37.542 acre parcel located north and south of Clarcona -Ocoee Road and east of the Clarke Road Extension. The applicant has requested rezoning from A -1, General Agriculture District (Ocoee) to R -1AA, Single Family Dwelling District (Ocoee). Staff recommends approval based on the character of surrounding zoning, consistency with the Comprehensive Plan and future land use designations. Lynn Walker Wright, attorney for the applicant, was present to answer questions. Chairman Switzer said that when the City had annexed a lot of property north of town a few years ago, there had been agreement limiting development for seven years because water, sewage, and police and fire protection were not available. He said this parcel had not been one of those annexations and asked if the City could provide services for the Kenjen parcel now or in the near future. Ms. Dow responded that the parcel was in Orange County's water and sewer service area, but that the staff analysis indicated the City could provide other urban services. The City could provide police and fire protection for the vacant parcel now, and could determine future capability in a secondary concurrency analysis to be performed when the owner applies for development approval. Planning and Zoning Commission Regular Meeting March 29, 1995 Noy Planning Director Wagner said the extension of Clarke Road to Clarcona -Ocoee Road would provide adequate access to the parcel, and staff hoped that in the next year a fire station would be built following negotiations with the Prairie Lakes developer. If Orange County chose not to provide water and sewer service, the City could consider the feasibility of extending service to the site, as the City has sewer and water in the Silvestri tract immediately south of the Kenjen project. Chairman Switzer opened the public hearing. Attorney Lynn Wright stated for the record that her client, Doug Jennings, a general partner of Kenjen, Ltd., the owner of the parcel, has no immediate plans to develop this parcel. As no one else wished to speak, the public hearing was closed. Chairman Switzer said his concerns about provision of services to the parcel had been answered satisfactorily. Vice Chairman Bond said that she believed that Orange County had made some changes in the area north of the City which would allow escalation of development along McCormick Road. She thought the County had installed an east -west water line which could serve some of the parcels. Also, it was her understanding that the "seven year" limitation on development was not r concrete, but was a projection based on an expected time when the City could provide services for the area. She especially wanted new members to be aware that some of the issues on which the seven year figure had been based had been addressed. Member Jones seconded b Vice Chairman Bond moved to a • . rove staff recommendation that Plannin. & Zonin. Commission uson findin. the a • • lication of Kenjen Ltd. in Case #AR- 94-07-02 to be consistent with the Ocoee: 1 Com • rehensive Plan 2 Future Land Use Ma • • (3 Land Develo ment Code: and 4) surrounding ' districts, recommend an 'royal of the rezonin. to R -1AA Sin. le Famil Dwellin. District. Motion carried 4 -0. Marjorie Lewis, Annexation, Case No. AR 94 - 08 - 06 - 904 Silver Star Road - Public Hearing Planner Dow presented the staff report for the approximately .5 acre property located on the corner of Silver Star Road and Woodson Avenue. As the property contains an existing residence, impacts of the property are already being felt by the surrounding roadway network and recreation facilities. Staff has completed an analysis and based on the in -house annexation feasibility study, staff feels the City will be able to provide adequate services to the subject property after annexation. As inadequate rights -of -way along Woodson and Silver Star present a small problem, staff is recommending approval of the annexation based upon the dedication of the necessary right -of -way along those two roads and the execution of the necessary developer agreements. 2 %r Planning and Zoning Commission Regular Meeting March 29, 1995 (Member Miller arrived at 7:43 p.m.) Vice Chairman Bond said a title search for a nearby parcel had led to the discovery of a problem with an additional 30 foot right -of -way for a majority of parcels along Silver Star. She had acquired right -of -way maps from Greg Caro of DOT. Ms. Dow asked if the right -of -way requirement to which Ms. Bond referred was over and above the 120 foot right -of -way discussed in the staff report. The houses on this property are set back from the right -of -way line about 68 feet. Mr. Wagner asked Ms. Bond if she referred to actual acquisitions of right -of -way or planned right -of -way, and Ms. Bond confirmed they were acquisitions of right -of -way. Mr. Wagner will request their most recent right -of -way map from FDOT. Chairman Switzer asked what the applicant was doing for water now if the primary reason for annexation was the extension of potable water service to the residence. Ms. Dow said they were on well water as are many of the homes in the Center Street enclave. Member Miller said the City had annexed her mother's property which is located directly to the east of the two properties under consideration for annexation. Her mother also had well water and had sought annexation for potable water. She said the water table in the area had dropped over the years as area has grown and property owners have sunk deeper wells. Chairman Switzer opened the public hearing. Betty Irvine, representing Mrs. Lewis and Mrs. Crampton, said recent extensive title work on the property had uncovered no right -of -way problems. Chairman Switzer closed the public hearing. Chairman Switzer seconded by Vice Chairman Bond, moved to find the annexation a s lication of Mrs. Marjorie Lewis in Case No. AR- 94 -08 -06 to be consistent with the: 1 Ocoee Com . rehensive Plan 2 State and Local annexation criteria • and 3 the JPA A. reement and to recommend a . royal .ursuant to the staff re . ort sub'ect to the dedication of the necessa ri . ht -of -wa alone Silver Star and Woodson as well as the execution of necessa developer agreements. Motion carried 5 -0. Marjorie Lewis, Initial Zoning, Case No. AR 94 - 08 - 06 - Public Hearing Planner Dow presented the staff report concluding with staff recommendation for approval. Chairman Switzer opened the public hearing. As there were no comments, the public hearing 3 `rlr Planning and Zoning Commission Regular Meeting March 29, 1995 was closed. Vice Chairman Bond asked the number of dwelling units per acre in R -1A. Mr. Wagner said the minimum lot size was 8,000 square feet with a net of about 4 D.U. per acre. Vice Chairman Bond seconded by Member Miller, moved to find the application of Mrs. Mar'orie Lewis in Case No. AR- 94 -08 -06 to be consistent with the: 1 Com •rehensive Plan. 2 Future Land Use Mal • 3 Land Develo . ment Code • 4 surroundin . zonin . districts • and 5 JPA A_ . reement and recommend a • • royal of the initial zonin . of R -1 A Sin. le Famil Dwellin. District •er staff's recommendation. Motion carried 5 -0. Mary Crampton, Annexation, Case No. AR 94 - 08 - 07 - 926 Silver Star - Public Hearing Planner Dow presented the staff report for the property located on the northwest corner of Silver Star Road and First Street, directly to the east of Marjorie Lewis's property. The annexation of this half acre property is recommended with the condition that adequate right -of- way along Silver Star Road be provided. There is adequate right -of -way along First Street. The feasibility analysis has demonstrated that the City has the capability of providing adequate urban services to the subject property based on consistency with the Comprehensive Plan and the Joint Planning Area Agreement. Staff is recommending approval subject to dedication of necessary right -of -way on Silver Star and the execution of necessary developer agreements. 'er Member Miller asked when the City would begin maintenance of First Street which is now maintained by the County. Would all adjacent properties have to be annexed into the City before maintenance became the City's responsibility? Mr. Wagner said it is the County's policy for the City to take over street maintenance if the City has properties on either side of the street. Street rights -of -way should be formally annexed and that had been done in the past, but typically would not be done unless the City wanted the roadway. The roadway is included in the annexation in some cases, but not in this one. Chairman Switzer opened the public hearing. As there were no comments, the public hearing was closed. Chairman Switzer, seconded by Vice Chairman Bond, moved to find the annexation a • • lication of Ma Cram • ton in Case No. AR- 94 -08 -07 to be consistent with: 1 the Ocoee Com • rehensive Plan • 2 State and local annexation criteria and 3 the JPA A. reement and to recommend a • • roval • ursuant to the staff re • ort subject to the dedication of the necessa ri . ht -of wa alon . Silver Star and the execution of necessa develo • er a. reements . Motion carried 5 -0. 4 Isaw Planning and Zoning Commission Regular Meeting March 29, 1995 Iry Mary Crampton, Initial Zoning, Case No. AR- 94 -08 -07 - Public Hearing Planner Dow presented the staff report for the initial zoning for the property. The future land use designation of the subject property is low density residential. Staff recommended approval of the requested zoning of R -1A. Chairman Switzer opened the public hearing, and as there were no comments the public hearing was closed. Member Miller seconded b Chairman Switzer moved to find the a s .lication of Mrs. Ma Cram . ton in Case No. AR- 94 -08 -07 to be consistent with the 1 Com . rehensive Plan 2 Future Lane Use Ma . • 3 Land Develo . ment code • 4 surroundin . zonin districts • and 5 JPA A' reement and to recommend ap s royal of the initial zonin l of R -1 A Sin. le Famil Dwelling District. Motion carried 5 -0. OLD BUSINESS: None. OTHER BUSINESS: None. COMMENTS Planning Director Wagner noted that while the cases considered in this meeting were fairly straight forward, much work goes into their preparation because of the complexity of some of '�► our rules and regulations. He thanked Ms. Dow for the good job she is doing in putting them together. He expressed the hope that members appreciate the information and that it was helpful to them in making their decision. He said it takes as much time to prepare materials for a half acre lot as it would for 500 acres. The Capital Improvements Program (CIP) annual review has been rescheduled to the last meeting in April, Wednesday the 26th. Update on Mall - Building & Zoning Official Flippen, Mr. Wagner and representatives of the mall had looked at the trees on the site today and had been successful in getting them to expand tree save areas. Mall representatives will look into our request for a slight realignment of the road to save a few more trees. They intend to close on April 10th and to start building on the site the next day. Coming to P & Z in next several meetings: Comprehensive Plan Amendment. Special Exceptions related to service stations at Silver Star and Clarke Road. Final Plans for Zom /Lake Bennet Commercial Development. Two residential subdivisions. Numerous small scale plan reviews. 5 Now Planning and Zoning Commission Regular Meeting March 29, 1995 err. Chairman Switzer announced a joint workshop with the City Commission on April 17th at 7:00 p.m. in City Hall to consider general development of properties to the north and general subjects. Mr. Switzer noted for the benefit of new members of the Commission that City staff is available to them to answer any technical questions. He would not like to see any "laundry list" brought to the Commission meeting that can be answered during the week prior to the meeting. Technical questions should be directed to the City Engineer or City Planner before the meeting. Not that they aren't important to this meeting, but they should be answered by technical people in the manner in which they have been asked. ADJOURNMENT The meeting was adjourned at 8:07 p.m. :& 4l arold Switzer, Chairman k 1H it 0P.0 Marian Green, Deputy City Clerk *tor 6