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HomeMy WebLinkAbout01-14-1997 MINUTES OF THE PLANNING AND ZONING COMMISSION Now REGULAR MEETING HELD TUESDAY, JANUARY 14, 1997 CALL TO ORDER The regular 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 Harold Switzer, Members Hopkins, Jones, Miller, and Rhodus, and Alternate Member Williams. Also present were Planning Director Wagner, Senior Planner Horne, City Attorney Rosenthal, Deputy City Clerk Green, and Clerk Stenographer Rivera. ABSENT: Vice Chairman Bond, Member Landefeld, and Alternate Member McKey. CONSENT AGENDA - None. NEW BUSINESS BURNDEN PARK, PHASE II ANNEXATION - PUBLIC HEARING ANNEXATION AND DEVELOPMENT AGREEMENT, CASE NO. AR- 95 -08 -04 Senior Planner Horne presented the staff report for the proposed annexation of Burnden Park, %ow Phase II, a 22 acre parcel located both north and south of Hackney- Prairie Road between Clarke Road and Apopka Vineland Road. She said the owners plan to seek approval for development of 43 home sites. The three existing homes on the subject property are characteristic of the nearby Clarcona Rural Settlement area, but the proposed development will be similar to the abutting Ocoee subdivisions. Mrs. Horne gave a brief overview of the Joint Planning Area Agreement (JPA) and explained how it related to the subject property. She also reviewed the history of the Hackney- Prairie Road project since 1985. • She explained that the terms of an Annexation and Development Agreement (attachment to staff report) would require the developer to pave the portion of Hackney- Prairie Road which abuts the annexation. As part of a separate agreement, the developer would also be required to make up the gap (approximately 1360 feet) between the existing edge of the pavement and the proposed paving. She pointed out that this was a small property with a relatively small traffic impact, and to require the developer of 43 lots in any location to pave the remaining distance of approximately 4,000 feet would be an extraordinary requirement. Ms. Horne said the Annexation Agreement further provides that the developer will reserve a continuous green way or recreation area adjacent to Prairie Lake to allow the City the time to consider acquiring property for a park. She concluded with staff recommendation to recommend approval of the requested annexation pending the execution of the Annexation and Development Agreement. Planning and Zoning Commission Regular Meeting January 14, 1997 The public hearing was opened. Mrs. Judi Brown, 8577 Hackney- Prairie Road, expressed concerns about increased traffic on the unpaved road, about the disruption from the continuing construction of the City's well adjacent to her property, and about drainage from other developments flooding her pasture land. She asked why the road had not been paved and maintained by the City. Mrs. Gayle P. Monta, 8591 Hackney- Prairie Road, expressed concerns about the paving of Hackney- Prairie Road. It had been her understanding from past meetings in the City and in the County that there was agreement for Ocoee to pave the road when Clarke Road was completed. She appealed to members to understand their dilemma. Mrs. Monta, who lives across from the City water plant, also asked if trees could be planted to shield the water plant from view. Planning Director Wagner explained that Hackney Prairie Road was a County road and it was the County's responsibility to maintain it. He said the City had deleted the paving of the road from its Capital Improvement Program following the 1994 JPA Agreement which provided the area would remain rural and could not be annexed by the City for ten years. He said if the City paved the road it would be spending impact fee funds on a road that was outside its jurisdiction and which had virtually no transportation benefit to the City's roadway network. He said he thought residents of the proposed subdivision would be less likely to choose an easterly route on a dirt road when they would have ready access to Clarcona Ocoee Road via the soon- to -be- completed final segment of Clarke Road. Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., asked if a wall between developments was planned, asked how the development would affect electricity in his neighborhood, and suggested deepening Prairie Lake to prevent flooding. Mr. Wagner explained that plans called for a brick buffer wall along Hackney- Prairie Road, that the City had no direct control over provision of electricity but could ask Florida Power about it in the review process, and that he anticipated no problems with flooding as the development was not in the hundred year flood plain. Chairman Switzer recalled having supported the paving of Hackney Prairie Road in earlier meetings prior to the building of Clarke Road and the changes made in the JPA Agreement with Orange County. Mrs. Peggy Meeks, 8975 Hackney- Prairie Road, spoke against the annexation. She explained that the sole access to her property is a driveway located on the subject property, and reported problems with flooding from a retention pond in Sawmill. Mr. Robert Monta, 8591 Hackney- Prairie Road, expressed concerns about traffic and safety on Hackney- Prairie Road, and asked if traffic studies had been done to predict average trips per day going east on Hackney Prairie as well as west on Clarke Road. He said he had seen a ten - rik.• 2 Planning and Zoning Commission Regular Meeting January 14, 1997 fold increase in traffic due to the additional subdivisions that had been built around them. Mr. Monta expressed concern that Mrs. Meeks would be landlocked by the City as her driveway is the only point of access she has to her property. Mr. Wagner explained that average trips per day for single family was approximately 10 per day, so 43 homes would theoretically generate approximately 430 daily trips, but there would be no scientific way to forecast exactly what the split would be. He said the developer will be required to provide access to Mrs. Meeks property from one of his subdivisions. The owner could participate by meeting with staff. Mr. Monta asked if the City recommendation could include restriction of traffic from the new subdivision to Hackney Prairie Road because it is a dirt road, possibly with crash gates such as those in Forest Oaks and Sawmill. Chairman Switzer asked City Attorney Rosenthal if it would be legally feasible to require a crash gate. Mr. Rosenthal said crash gates were typically used at a "T" intersection and could not recall a situation in which a crash gate had been placed in the middle of a public road. He said some problems would probably be encountered if a crash gate were placed there. The public hearing was closed. N '"' In response to questions from Member Miller, Mrs. Horne explained that the terms of the Agreement require the developer to extend potable water and sewer lines to their property and provide access to the individual home sites at no cost to the City. In addition, they would be required to pay impact fees for the overall water and sewer systems. Member Miller said she was aware the individuals asked the County for assistance with the road and drainage problems, and suggested an MSTU might be a possible solution to getting the road paved. Chairman Switzer said he wanted to make certain Mrs. Meeks had reserve access to her property. He pointed out that the issue before the board was only the annexation, but he was sympathetic to the concerns of those who had come before them and wanted to speak further with them in a recess after the motion. Chairman Switzer, seconded by Member Rhodus, moved to recommend City Commission a . . royal of the Burnden Park Phase II Annexation Case No. AR- 95 -08 -04 sub'ect to the execution of the attached Annexation and Development Agreement with the additional condition that staff ensure that no property is landlocked. Motion carried 5 -0. Vice Chairman Bond and Member Landefeld were absent. err 3 Planning and Zoning Commission Regular Meeting January 14, 1997 Recess: 8:45 - 8:50 p.m. BURNDEN PARK, PHASE II, REZONING, CASE NO. AR- 95 -08 -04 - PUBLIC HEARING Senior Planner Horne presented the staff report explaining that the owner of the subject property has requested a rezoning from A -1, Citrus Rural District (Orange County) to R -1A, Single Family Dwelling District (Ocoee). She said that the requested rezoning is consistent with the Future Land Use Map, the goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan, as well as Ocoee's Code of Ordinances. She concluded with staff's recommendation for approval. The public hearing was opened. As no one wished to speak, the public hearing was closed. Member Rhodus said that, based on the previous concerns of the surrounding property owners, "esthetics" should be emphasized. Chairman Switzer, seconded by Members Miller and Jones, moved to recommend Commission approval of the requested rezoning to R -1A, Single Family Dwelling District, and to find that the application is consistent with: (1) the Ocoee Comprehensive Plan: (2) the Future Land Use Map: (3) the Ocoee Land Development Code: and (4) the requirements of the JPA Agreement. Motion carried 5 - 0. Vice Chairman Bond and Member Landefeld were absent. OLD BUSINESS - None. OTHER BUSINESS Election of Officers: Member Miller, seconded by Members Jones and Hopkins moved to retain Chairman Switzer and Vice Chairman Bond as Chairman and Vice Chairman, respectively. Motion carried 5 -0. Vice Chairman Bond and Member Landefeld were absent. ADJOURNMENT Members wished Mr. Wagner a "Happy Birthday," and the meeting was adjourned at 8:57 p.m. /7 .t � Green, ..;Z A t/ w.tJ j+ 1 ! �' Ll/ ' M ian Green, Deputy City Clerk -"Harold Swft6, Chain '`Iris 4