Loading...
HomeMy WebLinkAbout01-13-1998 MINUTES OF THE PLANNING AND ZONING COMMISSION %r REGULAR MEETING HELD TUESDAY, JANUARY 13, 1998 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:37 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 and Landefeld and Alternate Members McKey and Williams. Also present were Planning Director Wagner, Assistant City Attorney Formella, Assistant City Attorney Clements, Senior Planner Horne, Senior Planner Lewis and Deputy City Clerk Green. ABSENT: Members Jones, Miller and Rhodus. Chairman Switzer noted for the record that the absences of Members Jones and Miller were excused. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, October 14, 1997. Member Landefeld, seconded by Vice Chairman Bond, moved to approve the consent agenda as presented. Motion carried 4 -0. NEW BUSINESS Clerk's Note: The Health Central item is included here for clarity although it was considered later in the meeting to allow additional time for the applicant's representative to arrive. HEALTH CENTRAL OFFICE BUILDING ADDITION - PUBLIC HEARING PRELIMINARY /FINAL SITE PLAN PROJECT No. 97 -006 Senior Planner Lewis presented the staff report for Health Central's proposed addition which includes an expansion of the Emergency Room by 3,076 square feet and a four story expansion of the Medical Office Building by 44,673 square feet. He explained that, due to the unique circumstances on the site, the applicant requested two waivers from certain standards in the Land Development Code. The two waiver requests address the following issues: 1) Using gross leasable square footage, rather than gross square footage, to calculate the required number of parking spaces. 2) Using the existing loading spaces to accommodate the additional demand for loading spaces Now Planning and Zoning Commission Regular Meeting January 13, 1998 generated by the office building expansion. Members asked several questions about the waivers which Staff answered to their satisfaction. Members also expressed their strong views that a representative for the applicant should be present for any public hearings before Planning and Zoning Commission. The public hearing was opened. As no one wished to speak, the public hearing was closed. As had been recommended by Staff, Member Landefeld, seconded by Vice Chairman Bond, moved to recommend approval of the Preliminary /Final Site Plan for the Health Central Office Building Addition, as date stamped received by the City on January 9, 1998, including the two waivers outlined above and listed in the Waiver Table on Sheet 20 -100.2 of the plans, and further subject to the completion of any modifications to the storm water management system determined necessary by the City Engineer. Motion carried 4 -0. GRAFTON PARTNERSHIP ANNEXATION - CASE NO. AR - 97 - - - PUBLIC HEARING Senior Planner Horne presented the staff report for the application to annex a 98 acre parcel located on the southeast corner of Fuller's Cross Road and Ocoee - Apopka Road. She explained that staff had determined that the City could adequately provide urban services to the property pending certain infrastructure improvements. Mrs. Horne said the requested annexation was consistent with the JPA Agreement, State annexation criteria and the standards established by the City. She concluded with staff recommendation for approval pending approval of the attached Annexation Agreement by City Commission. Members expressed concern that the subject property might be contaminated from Chevron's pesticide testing on the site. Responding to members concerns, Mr. Milton West, owner's agent, said that Mr. Joseph Grafton had an environmental assessment from Chevron certifying that the property was not contaminated. The public hearing was opened. Mr. Andrew Smith, 1804 Crown Point Woods Circle, spoke as president of the Crown Point Woods Homeowners' Association. He said that Crown Point Woods residents were not against the annexation but were concerned about: (1) the need to widen Ocoee - Apopka Road, (2) the affect of the proposed Annexation and subsequent development on their property values, (3) the number of lots permissible after Annexation and Rezoning, and (4) the need for a homeowners' association when the property is developed. low 2 Planning and Zoning Commission Regular Meeting January 13, 1998 Chairman Switzer assured Mr. Smith that the City requires that each new subdivision have a homeowners association. Responding to the other issues, Planning Director Wagner said that: (1) Orange County plans to widen Ocoee - Apopka Road, north of Fuller's Cross Road; (2) he already had plans to discuss the continuation of the Ocoee - Apopka Road project, south of Fuller's Cross Road with David Heath, Orange County Planning Director; (3) the Annexation Agreement requires that the property owners provide additional right -of -way to accommodate the widening of Ocoee - Apopka Road; (4) development of the Grafton property would be of a high quality; and (5) the proposed density was consistent with other recent Ocoee rezonings. The public hearing was closed. As had been recommended by Staff, Member Landefeld, seconded by Chairman Switzer, moved to recommend approval of the Grafton Partnershi• Annexation Case No. AR- 97 -07 -07 pending City Commission approval of the Annexation Agreement. Motion carried 4 -0. GRAFTON PARTNERSHIP REZONING - CASE No. AR - 97 - - - PUBLIC HEARING Senior Planner Horne presented the staff report for the application to rezone the 98 acre parcel noted above from A -1, Citrus Rural District, and RCE, Rural Country Estate, (Orange County), to R -1A, Single Family Dwelling District (Ocoee). She concluded with Staff's recommendation for approval of the requested rezoning. The public hearing was opened. Mr. Andrew Smith, speaking again for the Crown Point Woods Homeowners' Association, restated their concerns. The public hearing was closed. As had been recommended by Staff, Vice Chairman Bond, seconded by Member Landefeld, moved to find the application consistent with: (1) the Ocoee Comprehensive Plan, (2) the Future Land Use Map, (3) the Ocoee Land Develo.ment Code and 4 the re•uirements of the JPA Agreement and to recommend ap*royal of the re uested rezonin . to R -1A Sin . le Famil Dwelling District for the Grafton Partnership Rezoning (Case No. AR 97- 07 -07). Motion carried 4 -0. Recess: 8:05 p.m. - 8:10 p.m. Clerk's Note: The Health Central item was considered at this point in the meeting and discussion began shortly before the above recess was taken. 3 Planning and Zoning Commission Regular Meeting January 13, 1998 ORDINANCE No. 98 -02 PUBLIC HEARING LAND DEVELOPMENT CODE AMENDMENT TO ADD THE REVIEW OF SPECIAL EXCEPTIONS TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF ADJUSTMENT (LDC -98 -001) Senior Planner Horne presented the staff report for the proposed amendment to the Land Development Code. She explained that, at the request of the Chairman of the Board of Adjustment, a survey had been made of 21 cities of comparable size and it had revealed that the Planning and Zoning Commission or Board of Adjustment review Special Exceptions. In light of the interest of the Chairman of the Board of Adjustment and the results of the survey, Mrs. Horne said staff recommended approval of the proposed ordinance. In lengthy and heated discussion members expressed serious concerns about the proposed amendment. The discussion concluded with their recommendation for denial and their request that the record reflect the reasons for their recommendation as noted below: (1) The Planning and Zoning Commission has been reviewing Special Exceptions for four years and they have done a good job. They expressed the sentiment that "If it ain't broke, then don't fix it." (2) The Planning and Zoning Commission has a broad range of experience and a Saw to memory" of related development approvals which uniquely qualifies them to review Special Exception applications. (3) Since there are only a few Special Exception applications each year, it would be difficult for the Board of Adjustment to be "brought up to speed" regarding related developments and issues of City-wide concern. (4) If the City were to move the review of Special Exceptions to the responsibilities of the Board of Adjustment, then Staff would have to advertise, schedule, and attend another set of evening meetings in addition to the Planning and Zoning Commission and City Commission meetings potentially hampering the efficiency and performance of planning staff at other City meetings. The public hearing was opened. As no one wished to speak, the public hearing was closed. Vice Chairman Bond, seconded by Member Hoskins moved to em.haticall recommend DENIAL of . ro . osed Ordinance No. 98 -02 relatin . to authorizin . the Board of Adjustment to consider Special Exce.tion Re•nests instead of the Plannin. and Zonin. Commission. Motion carried 4 -0. OLD BUSINESS - None. Soy 4 Planning and Zoning Commission Regular Meeting N`.. January 13, 1998 OTHER BUSINESS Election of Officers Member Landefeld, seconded by Member Hopkins, moved to retain Chairman Switzer and Vice Chairman Bond as Chairman and Vice Chairman respectively. Motion carried 4 -0. Evaluation and Appraisal Report (EAR) Advisory Group Senior Planner Horne reported to the board about the City Commission appointees to the EAR advisory group. COMMENTS Planning Director Wagner reported on the status of various planning department projects. ADJOURNMENT The meeting was adjourned at 9:00 p.m. i7 n Deputy City Clerk a rold Switzer Chai Marian Green, p ty ty 5