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HomeMy WebLinkAbout12-08-1998 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, DECEMBER 8, 1998 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:43 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond (arrived 7:46 p.m.), Members Christoefl, Hopkins and Landefeld and Alternate Members Golden and McKey. Also present were Planning Director Wagner, Assistant City Attorney Formella, Principal Planner Horne, Senior Planner Lewis and Deputy City Clerk Green. ABSENT: Members Miller and Rhodus. CONSENT AGENDA The consent agenda consisted of approval of items A and B: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, November 10, 1998. B. The Esplanade Apartments at Plantation Grove P.U.D., Phase I, Final Site Plan, Project No. 97 -003. Member Landefeld, seconded by Member Christoefl, moved to approve the consent agenda as presented. Motion carried 4 - 0. (Vice Chairman Bond had not yet arrived.) NEW BUSINESS ESTABLISHING PROCEDURES TO OBTAIN CONCEPTUAL APPROVALS WITHIN SPECIAL OVERLAY AREAS - LAND DEVELOPMENT CODE AMENDMENT - PUBLIC HEARING (AS LOCAL PLANNING AGENCY) Principal Planner Horne presented the staff report for the proposed Ordinance. She explained the proposed changes would affect properties located within the State Road 50 Activity Center Special Overlay Area as well as properties within any other Special Overlay Area (Activity Centers, Interchange Impact Areas, and the Downtown Redevelopment Area). Mrs. Horne said that the recently enacted State Road 50 Activity Center Special Development Plan encourages developers to propose innovative development concepts that may include mixed- or multi -use projects and requests for major waivers. Staff has determined that in certain instances it may be appropriate for a development proposal to be reviewed by the Planning and Zoning Commission and City Commission prior to final design. There would be no Staff level approvals of proposed uses and major waivers. The proposed Ordinance would permit a developer to seek permission to proceed with a specific development program prior to the expenditure of significant time, Planning and Zoning Commission Regular Meeting December 8, 1998 money, and resources. In an advertised public hearing, Planning and Zoning Commission and City Commission could decide on a site specific basis whether or not to allow a proposed use or grant a major waiver. She explained that, by utilizing this approach, both Staff and the developer will be given clear direction at the initiation of a project in order to know how to proceed with the more detailed review process. She concluded with Staff's recommendation for approval of the draft Ordinance. Chairman Switzer announced that the Board would be acting as the Local Planning Agency for this item. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked for an example of the intent of the proposed ordinance and asked how it had worked in other areas. Planning Director Wagner gave a detailed example, explaining that this was a procedural matter which would speed up the review process. Mr. Wagner said very few entities had Overlay Districts that encouraged mixed uses such as this one. He said it was not the first of its kind in Florida, but he knew of no specific local examples. The public hearing was closed. Vice Chairman Bond and Member Christoefl enthusiastically supported the proposed Ordinance. As had been recommended by staff, Vice Chairman Bond, seconded by Member Landefeld, moved to recommend approval of the proposed ordinance establishing a procedure for obtaining conceptual approvals of proposed uses and major waivers for development within Special Overlay Areas. Motion carried 5 -0. DEVON COVE JOINT PLANNING AREA AGREEMENT, CASE No. JPA -98 -003 - PUBLIC HEARING (AS LOCAL PLANNING AGENCY) Principal Planner Horne said that the subject property was located just off of Prairie Lake Boulevard. She said Staff was requesting that the subject application be continued until January 12, 1999 to allow time for the Orange County Commission to take action on the application. Chairman Switzer opened the public hearing and moved to continue it to January 12, 1999. Motion carried 5 -0. Assistant City Attorney Formella pointed out that, as the published notice indicated, there would be no further notice of the public hearing to be held on January 12, 1999. 2 Planning and Zoning Commission Regular Meeting December 8, 1998 (Colony Plaza item moved from later on Agenda for consideration here.) COLONY PLAZA REZONING, CASE No. R - 98 - - - PUBLIC HEARING Principal Planner Horne stated for the record that the applicant wished to withdraw this application and to resubmit in some other fashion. Mr. Joe Welsh, 11100 West Colonial Drive, Colony Plaza Hotel, said he wanted to applaud the Board for its action on conceptual approvals, and wished it had been in place six months ago. He said he was disappointed with Staff's recommendation for denial of their application, but had come to agree with Staff after reading the staff report. Mr. Welsh said they would be pursuing the rezoning later and asked for input from the board about their intention to use the site for a public mini - storage warehouse. Chairman Switzer said he was opposed, that he did not think it was a good place for a mini - storage facility. Assistant City Attorney Formella said that discussion should occur in a public hearing. Mr. Welsh said that he understood, that he appreciated their comments, that they were or► withdrawing their application, and thanked members for their time. SONNTAG ANNEXATION AND INITIAL ZONING, CASE No. AR- 98 -10 -09 - PUBLIC HEARING (Withdrawn by the Applicant in letter dated November 20, 1998) Principal Planner Horne stated that the Sonntag applications had been withdrawn by the applicant, and Assistant City Attorney Formella confirmed that no further action was required on this case. FRANK VINE /BEAZER HOMES ANNEXATION, CASE No. AR - 98 - - - PUBLIC HEARING Principal Planner Horne presented the staff report for the proposed annexation of the five acre vacant parcel located approximately 3,000 feet northeast of the intersection of Maguire Road and Gotha -Park Ridge Road. She pointed out the parcel, area roads and adjacent parcels on the map. Mrs. Horne said many people had expressed to her their concerns about the dangers of the intersection and she said she understood that it was scheduled to be corrected and improved by Orange County. She said the proposed use would be for a single family subdivision, and that the parcel was designated Low Density Residential (< 4 d.u.a) on the City's Future Land Use Map and Joint Planning Area Map. She said the requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. Mrs. Horne concluded with Staff's recommendation for approval. 3 Planning and Zoning Commission Regular Meeting December 8, 1998 The public hearing was opened. Edward McMullen, 10427 Down Lakeview Circle, a nearby property owner, asked if the City would approve an entrance to the proposed subdivision along Gotha -Park Ridge Road. He said he would be opposed to any access onto Gotha -Park Ridge Road. Mr. Wagner explained that access points would be definitively determined in the preliminary subdivision plan review. Chairman Switzer pointed out that two access points were required for subdivisions, even if one were only a crash gate. The public hearing was closed. As had been recommended by staff, Member Landefeld. seconded by Vice Chairman Bond, moved to recommend approval of the Annexation Petition submitted by Frank Vine /Beazer Homes in Case Number AR- 98- 10 -10. Motion carried 5-0. FRANK VINE /BEAZER HOMES REZONING, CASE No. AR- 98 -10 -10 - PUBLIC HEARING Principal Planner Horne presented the staff report for the application to rezone the subject property as noted in the above Annexation from A -1, Citrus Rural District (Orange County) to R -1AA, Single Family Dwelling District (Ocoee). She pointed out the parcel on the Future Land Use Map and the Zoning Map and the characteristics of the surrounding development. Mrs. Horne concluded with Staff's recommendation for approval of the requested rezoning to R -1AA. The public hearing was opened. Mr. Jeff Smith, 10577 Down Lakeview Circle, a nearby property owner, speaking for himself and many of his neighbors, said he was concerned that the proposed rezoning to R -1AA, Single Family Dwelling District, would: (1) degrade the neighborhoods south and east of the subject property; (2) unnecessarily increase the density on the subject property (1/2 acre minimum lot sizes were suggested); (3) create an unattractive view along Gotha - Park Ridge Road; (4) exacerbate traffic congestion on Gotha - Park Ridge Road and at its intersection with Maguire Road; and (5) not be adequately served by the City of Ocoee. Mr. Edward McMullen, 10427 Down Lakeview Circle, said he had moved here for the "rural" area and felt the quality of life was being threatened in southwest Orange County. He said he felt infrastructure was not in place to support the development. Mr. Bob Boucher, 1601 Down Lake Drive, asked the Commission to be sensitive to the needs of the neighbors concerning traffic, noise, schools, and water (groundwater), and recommended looking carefully at the zoning. Nimy 4 Planning and Zoning Commission Regular Meeting December 8, 1998 Mr. Ken Richie, 10429 Birch Tree Lane, said he was opposed to the proposed density, that he wanted at least half acre lots, was especially concerned about traffic, and was opposed to ingress - egress on Gotha - Park Ridge Road. Mr. Jeff Tramonte, 1903 Down Hollow Lane, opposed ingress- egress off Gotha - Park Ridge Road. He said he was not opposed to a residential rating in the area, but asked that lot sizes in the area around his neighborhood would be more consistent with what they have. Mr. Randy June, the applicant, of 720 E. Church Street, said he had been trying to address concerns of the neighbors. He thinks he can eliminate access on Gotha Road. He said their density would be about two units per acre and he feels they are providing some transition. He pointed out features of their site along Gotha Road included a 15 acre wetland tract along the frontage of Gotha Road and the small lake next to Mr. Weidenbeck's house. He said there would be only ten lots fronting on Gotha Road and they would be back yards. He said they planned to provide a nice buffer and landscaping which would be worked out in the preliminary subdivision plan process. As to infrastructure, he pointed out that the City was providing funding for four - lanes on Maguire Road and he thinks the services will be there. He said they will have an upscale subdivision, a real nice project. Chairman Switzer asked if Mr. June would consider going to R -1AAA. Mr. June said he thought it was a fair transition with ten lots on Gotha Road that won't have access to Gotha Road. Vice Chairman Bond said she would like to see more of transition area with one acre lots (such as those in Sawmill). Mr. Wagner explained that having one acre lots in subdivisions with smaller lots has not worked, and that the market dictates what will sell. Mr. June said their project will have characteristics of R -1AAA. The public hearing was closed. In lengthy discussion members expressed concern about lot sizes and density and considered alternative zonings. Staff addressed all of the concerns raised by the members and surrounding property owners but maintained that R -1AA zoning was an acceptable compromise between the lost sizes approved by Ocoee in the nearby Cross Creek, Wesmere, and Westridge subdivisions versus the lot sizes approved by Orange County in the adjacent Belmere, Windermere Chase, Windermere Downs, and Lakes subdivisions. Chairman Switzer, seconded by Member Landefeld, moved to find the application in Case No.AR- 98- 10 -10, Frank Vine /Beazer Homes Rezoning to be consistent with: (1) the Ocoee 5 Planning and Zoning Commission Regular Meeting December 8, 1998 Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement, and to recommend approval of the requested rezoning to R -1AA had been recommended by staff. Motion failed 3 -2, with Vice Chairman Bond and Members Christoetl and Hopkins voting "No." Vice Chairman Bond, seconded by Member Christoetl, moved to find the application in Case No. AR- 98- 10 -10, Frank Vine /Beazer Homes Rezoning to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Us Map; (3) the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement, and to recommend approval of rezoning to R -1AAA. Motion carried 5 -0. (Browning et al item shown later on Agenda was discussed here.) BROWNING /LAWRENCE /PARKER/BEAZER HOMES REZONING, CASE NO. R- 98 -10 -11 - PUBLIC HEARING Principal Planner Horne presented the staff report for the application to rezone from A -1, General Agriculture District, (Ocoee) to R -1AA, Single Family Dwelling District (Ocoee) a 96.32 acre vacant parcel located approximately 2,700 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. Mrs. Horne said, for the record, that she wished to include the recommendations in her prior staff report. The presentation included close ups of r surrounding lot sizes, the Orange County Zoning Map, the Future Land Use Map for Orange County, the determination by Staff that the zoning is consistent, some surrounding photographs, and a recommendation from staff. Mrs. Horne also stated that all of the detailed analysis included in the staff report is to be a part of record. She concluded with Staff's recommendation for approval. Chairman Switzer had stepped away from the table momentarily, and in his absence Vice Chairman Bond opened the public hearing. The public hearing was opened. Mr. Wagner said the comments in the public hearing for the Frank Vine /Beazer Homes Rezoning could be incorporated for this application. And the surrounding property owners who had commented in the earlier hearing agreed that the record should reflect their comments for this hearing as well. (See pages 4 and 5 above.) Mr. Steve Weidenbeck, owner of a two acre parcel on Gotha -Park Ridge Road, said he was neutral, neither for nor against. He said in the meeting with the homeowners which he had attended with Mr. June, he understood that the homeowners main concern seemed to be the density in the triangle parcel. He said they seemed to have agreed with Mr. June's master plan for the remainder of the property. *ow 6 Planning and Zoning Commission Regular Meeting December 8, 1998 The public hearing was closed. Vice Chairman Bond, seconded by Member Christoefl, moved to find the application in Case No. AR- 98- 10 -11, Browning/Lawrence/Beazer Homes Rezoning to be consistent with: (1) the • coee ompre ensive ' an; e uture an. I se • ap; an. e • coee an. I eve opment Code and to recommend approval for rezoning to R - 1AAA. Motion carried 5-0. Recess: 9:47 p.m. - 9:55 p.m. DYE /CHRISTIANSEN /ORANGE COUNTY PUBLIC SCHOOLS ANNEXATION, CASE No. AR- 98 -10 -12 - PUBLIC HEARING Principal Planner Horne presented the staff report for the application to annex a 26 acre parcel located 3,500 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The current use is a tree farm, but if the annexation and rezoning are approved, the Orange County School Board will utilize a portion of the site for an elementary school and the City will use a portion of the site for a new Ocoee activity -based park. She concluded with Staff's recommendation for approval. The public hearing was opened. As no one wished to speak, the public hearing was closed. 'tow As had been recommended by Staff, Member Landefeld, seconded by Chairman Switzer, moved to recommend approval of the Annexation Petition submitted by Dye /Christiansen/Orange County Public Schools in Case No. AR- 98- 10 -12. Motion carried 5-0. DYE /CHRISTIANSEN /ORANGE COUNTY PUBLIC SCHOOLS REZONING, CASE No. AR- 98 -10 -12 - PUBLIC HEARING Principal Planner Horne presented the staff report for the proposed rezoning of the subject property in the previous case from A -1, Citrus Rural District (Orange County) to R -1AA, Single Family Dwelling District (Ocoee). She concluded with Staff's recommendation for approval. The public hearing was opened. Mr. Jeff Smith asked why residential zoning was needed if the parcel will be developed with a school or park. He suggested that the strip along Park Ridge -Gotha Road remain agricultural. Mr. Smith asked if changing the zoning to residential would not increase the value of the property and drive up the price, unless the School District has already reached an agreement on the price for the parcel. Mr. Wagner explained that the School Board has an option on the property and they are proceeding to their board meeting with what is hoped to be a contract for the City and the School Board to proportionately share the cost of the acquisition with the intent of providing an 7 Planning and Zoning Commission Regular Meeting December 8, 1998 elementary school and a ten acre public park. He explained that the reasons for the zoning were: (1) the possibility of moving the school and park within the site, (2) to protect land value, and (3) to provide zoning consistent with the area and land use. The public hearing was closed. Member Hopkins, seconded by Chairman Switzer moved to find the application in Case No. AR- 98- 10 -12, Dye /Christiansen- Orange County Public Schools Rezoning to be 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 and to recommend approval of rezoning to R - 1AAA. Motion carried 5 -0. COMMENTS Planning Director Wagner announced there will be no meeting on December 23, but that it is very likely there will be two Planning and Zoning Commission meetings in January. It is possible that the library and the school site at Clarke and Silver Star will be considered in one of *tow Vice Chairman Bond wished everyone a Merry Christmas and a Happy New Year. Chairman Switzer wished everyone Happy Holidays. ADJOURNMENT The meeting was adjourned at 10:07 p.m. /7_ k a A AL) JiAzgAc_} " Marian Green, Deputy City Clerk , arold Swi zer, Cha' • i! 8