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HomeMy WebLinkAbout01-12-1999 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, JANUARY 12, 1999 Acting as Local Planning Agency CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:34 p.m. followed by a moment of silent meditation and the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Christoefl, Hopkins, Landefeld, and Rhodus and Alternate Member McKey. Also present were City Manager Shapiro, Planning Director Wagner, Assistant City Attorney Formella and Deputy City Clerk Green. ABSENT: Member Miller and Alternate Member Golden. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, December 8, 1998. Member Landefeld, seconded by Vice Chairman Bond, moved to approve the consent agenda as presented. Motion carried 6 -0. NEW BUSINESS DEVON COVE JOINT PLANNING AREA AGREEMENT AMENDMENT - PUBLIC HEARING CASE No. JPA -98 -002 Planning Director Wagner presented the staff report for the proposed amendment to the Joint Planning Area Agreement to add a 4.5 acre parcel located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. He said the owner wished to develop the parcel with more urban density than the one unit per acre to which he is limited in the County, and had requested this change to permit access to Prairie Lake Boulevard and to secure City water. He explained that this petition covers the amendment to the JPA Agreement only, including corresponding language changes to the text of the document which relate to both the Clarcona and Gotha Rural Settlement Areas. Mr. Wagner emphasized that separate annexation, rezoning and subdivision reviews would be needed to permit development of the property. He said the Orange County Board of County Commissioners had unanimously recommended approval of the amendment on January 5, 1999, and he concluded with Staff's recommendation for approval. Planning and Zoning Commission Regular Meeting January 12, 1999 In response to a question from Chairman Switzer about the affect of this amendment on oir the Gotha area, Mr. Wagner said the it would allow excursion into the area if jointly agreed upon by the County and the City. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked how the property would be accessed, and Mr. Wagner explained it to Mr. Mohnacky's satisfaction. The public hearing was closed. Following brief discussion, Member Landefeld, seconded by Vice Chairman Bond, moved (as had been recommended by Staff) to recommend approval of the Devon Cove Joint Planning Area Agreement Amendment in Case No. JPA -98 -002, changing the boundaries of the Joint Planning Area and adding a 4.5 acre parcel located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court to the JPA Land Use Map with an initial designation of Low Density Residential. Motion carried 6 -0. AMENDMENT TO ARTICLE V OF THE OCOEE LAND DEVELOPMENT CODE PROVIDING FOR REGULATION OF BORROW PITS - PUBLIC HEARING Planning Director Wagner presented the staff report for the proposed ordinance amending the Land Development Code to permit Borrow Pits only within the I -2 General Industrial District as a Special Exception. He said there had been recent inquiries from the contractors who need borrow areas for fill as a result of the *taw construction of the Western Beltway. As Ocoee's Code did not address them, Staff had researched borrow pit regulation in other communities and had decided the simplest way to control borrow pits was to place them in a high intensity zone to keep all the truck traffic, dust, noise, etc., within a suitable area. He said requiring the application for Special Exception would permit the City to review such uses on a case -by -case basis and prescribe detailed conditions to be followed as appropriate. Mr. Wagner said there is very limited I -2 zoning in the City, possibly a couple of hundred acres of prime land, so the likelihood of any very large borrow pits is fairly remote. In describing a typical borrow pit, Mr. Wagner said they may be 30 to 40 feet deep with severe side slopes and the depth and slope contribute to water quality problems and safety issues when they become filled with groundwater. In lengthy discussion about borrow pits issues, members expressed concern about safety, water quality, effects on natural resources, fencing of the ponds, visual obtrusiveness, reduction of the tax base by taking land out of productive use, and the long term maintenance of the facilities related to stormwater management. Vice Chairman Bond said the industrial park was short on retention areas and asked if there is any way a borrow pit could be modified to help with water retention in the Story Road area. Mr. Wagner said it would have to be designed for that purpose, and available land is probably half a mile north of the Story Road area. He said drainage ditches would have to be retrofitted to make it work, and he thought it would be *taw difficult. 2 Planning and Zoning Commission Regular Meeting January 12, 1999 In addressing members' concerns, Mr. Wagner reviewed the Special Exception application process and how it could protect the City's interests. He noted, for example, that if there was a safety hazard a fence could be required as part of the conditions for approval of the Special Exception. In response to a question from Member Christoefl, Mr. Wagner said the issue of borrow pits is more a legal issue than a planning issue. Assistant City Attorney Formella said reasonable conditions can be set, and zoning authority can be exercised to designate the areas that would be appropriate, but the City cannot prohibit borrow pits. The public hearing was opened. Ms. Rosemarie Morganto, 11012 Groveshire Court, said she was very much opposed to borrow pits and wished to prohibit them entirely. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, suggested removing sand from lakes such as Hackney Prairie Lake to reduce the possibility of flooding. The public hearing was closed. In response to questions by Member Christoefl, Mr. Wagner explained there are many uses that are fairly hazardous, noxious and noisy. He said if a City tried to regulate each one, the ordinance would be quite large. Because of the limited available land area and because of its value, Staff thinks requests for borrow pits will be reduced and that is why the ordinance was not written in great detail. In the year it will take to Sir update the Land Development Code, the consultant can be asked to add to that portion of the Code if there are any problems with it. Chairman Switzer asked if there had been any experience on the environmental impact of borrow pits. City Manager Shapiro advised that once a borrow pit is dug, it serves very little purpose. He said it is environmentally damaging from the standpoint of ecology. Instead of a little lake or a drainage area as part of a development, the borrow pit would become a 30- to 40- acre hole that is 40 to 50 feet deep that has no springs, wildlife, fish, or grass. Mr. Shapiro also said there is also an economic impact associated with borrow pits. He said I -2 land costs about $100,000 an acre, which makes it cost prohibitive since the only reason a developer would mine would be to get cheap dirt. At $100,000 an acre plus expenses for that size, there will probably be no one to buy land in the I -2 area. He said most of the Beltway is under contract, and probably the land for borrow pits has been bought. When the bids were going out for sections of the Beltway, the City was inundated with requests, but no one has talked to the City since. Vice Chairman Bond said that she understood Universal Studios was looking for a place for borrow pits. Mr. Wagner said all the trucks going over State Road 50 and Old Winter Garden Road are from the borrow pits and sand pits in Lake County. The dirt can be for anything, not just for the Western Beltway. The public hearing was closed. 3 Planning and Zoning Commission Regular Meeting January 12, 1999 Mr. Switzer asked for assurance that the Planning and Zoning Commission can apply low restrictions that are legally acceptable. Mr. Wagner said staff would keep the Planning and Zoning Commission apprised of any developments in this regard if there are more inquiries. Acknowledging the need to provide some land area in the City for borrow pits, members supported incorporating further controls pertaining to them into the update of the Land Development Code. As had been recommended by Staff, Chairman Switzer, seconded by Member Landefeld, moved to recommend approval of the proposed ordinance permitting Borrow Pits only within the Ocoee I -2 General Industrial District as a Special Exception. Motion carried 6 -0. ORDINANCE TO INCREASE THE SIZE OF THE PLANNING AND ZONING COMMISSION - PUBLIC HEARING Planning Director Wagner presented the staff report for the proposed expansion of the membership and the increase in the geographic diversity of the Planning and Zoning Commission. He said the ordinance expands the permanent membership by two members, from seven to nine, and makes a quorum of five. It keeps two alternates, specifying a junior and senior alternate. It does not identify how geographic diversity is to be accomplished but more or less states it as a goal. He said the ordinance would change the Land Development Code, and that was why the Planning and Zoning Commission was reviewing it. The City Commission is looking for the input of the Planning and Zoning Commission about its operation. Chairman Switzer asked each member to comment. Member Christoefl said there was a need to increase the board in light of City growth. Member Landefeld said he did not see a need to increase the size. Vice Chairman Bond said she would support a nine- member board, possibly with no alternates, with diversity occurring as members are replaced or added. Member Rhodus concurred with Ms. Bond but wanted to do something to ensure the diversity of the members. Member Hopkins concurred and suggested that there possibly should be an attendance requirement. Mr. Switzer concurred with having nine members but not the alternates. He said having nine members does not increase the work load of staff since packets are currently prepared for nine people. The public hearing was opened. Commissioner Glass, who proposed the increase to nine members on the Planning and Zoning Commission, expressed his appreciation for having the chance to speak and explain the basis for the proposed change. The concern that led to his proposal was that major issues before the Planning and Zoning Commission of a city the size of Ocoee were sometimes decided by a 3 -2 or 4 -1 vote. He said he believed nine members for a city of this size would make an optimum board. Discussion followed regarding geographic diversity. 4 Planning and Zoning Commission Regular Meeting January 12, 1999 Commissioner Parker commended the Planning and Zoning Commission for their _ good representation and all the work they have done. She said she could support having nine members and no alternates. She felt expansion of the Planning and Zoning Commission would draw more involvement from some of the newer areas. The public hearing was closed. Chairman Switzer, seconded by Member Christoefl, moved to recommend approval of the proposed ordinance to expand the Planning and Zoning Commission regular membership to nine members subject to elimination of all provisions pertaining to the two alternate members. Motion carried 6 -0. A member asked if the alternates would automatically become the other members, and Mr. Switzer said he felt that was a decision only the City Commission could make. CITY ATTORNEY DISCUSSION OF MEMORANDUM REGARDING CONSTRUCTION OF EDUCATIONAL FACILITIES Attorney Formella said Attorney Rosenthal had done his usual thorough job of preparing a detailed memorandum and had asked her to highlight some of the main points and to be available for any questions. She presented it in a format different from the one in the packet. She divided it into provisions with which the School Board needs to comply and provisions with which the City needs to comply. She said probably the most important point is that the School Board complies with the State Uniform Building Code. Otherwise, they are exempted from complying with "building codes, interpretations, building permits and assessments of fees for building permits, Now ordinances, road closures and impact fees or service availability fees." She said any approvals or fees typically required of a developer do not and cannot apply to the School Board. The School Board is required to share information about their existing and planned facility and select sites for their facilities that are consistent with the Comprehensive Plan of the City and the Land Development Regulations (LDR) implementing the plan but only to the extent that those LDRs are not inconsistent with the state building code or do not address the subject matter that the state building code covers. When those caveats are taken into account, City input is limited. The School Board is required to notify the City at least 60 days before acquisition of a site, and the City has 45 days to respond to the issue of consistency. Before construction, the School Board is supposed to request a formal determination from the City, but regardless of City input, there is no mechanism for the City enforcement. The School Board is not required to get site plan approval or building permit approval from the City, but there is the avenue for input. There was a need for the Planning and Zoning Commission to discuss the type of forum desired for City input. There is no requirement for a public hearing or official action. A public hearing could be advertised to receive public input. The School Board might spend funds for things such as roads, sidewalks and infrastructure, but they are not required to do so. They might request that the local government construct and maintain sidewalks and bike paths within a two -mile radius Now of the school. The School Board is required to notify the City of any hazards. 5 Planning and Zoning Commission Regular Meeting January 12, 1999 The City has to respond to the School Board's request for consistency determination regarding the Comprehensive Plan and to any LDRs that are inconsistent with the State Building Code within 90 days. If not, the School Board's proposal is deemed acceptable to the City. The City might spend funds, but is not required to, for roads, sidewalks and infrastructure. If the School Board decides to spend funds, it has to be only their pro rata share. We could not ask them to oversize a utility line and bear the whole cost of it. If the School Board notifies the City of a hazard, the City must investigate it and respond to the School Board, and if they decide not to correct the hazard, they have to indemnify the School in case of any problems. The most important point is the School Board is exempt from all these things that typically are required of a developer. Mr. Wagner said this was being brought before the Planning and Zoning Commission because two new schools will be built in Ocoee, the middle school and an elementary school at Clarke Road and Silver Star Road. The issue is understanding that even though the City has been working closely with the School Board, the School Board can build as they desire. The City was going to have a review and, hopefully, approval of the Olympia development, which includes the library and elementary school. The City has carved out the site and knows some of the parameters, but how that school goes on the site is up to the School Board. Mr. Shapiro said the middle school is a "smart school," which means a group outside the School Board at the state level is calling the shots on the school. This creates a situation in which statutory requirements and dollar requirements to the grants being received are being placed on the School Board which, in turn, has to act at a quick pace. The School Board, in turn, will look to the City, which has only a limited number of times to say something and react. In this case, to a large degree, even the School Board is not in control of what happens to the school. He said that in the next five years there will be five more schools constructed in the City. Ms. Christoefl suggested having an open workshop including both Commissions since neither Commission would serve over any type of plan. Anyone who is concerned could attend. Then possibly recommendations could be made from the City as a whole. Mr. Wagner referred to informal public hearings the Expressway Authority has had to give the public a chance to look at drawings and make comments. He said if that was the approach the Planning and Zoning Commission wanted, staff would encourage them to take that kind of approach. Discussion followed. Ms. Christoefl asked if lights can be provided in areas where children wait for buses in the dark. Mr. Shapiro said staff will be giving the Planning and Zoning Commission an upgraded lighting plan when the major road widening is done. Ms. Christoefl said she was referring to subdivisions where children congregate at one spot. Mr. Shapiro said in a subdivision where the road is private, public dollars cannot be spent. Security lights can be rented, and the Homeowner's Association can pay for them and put them in the bus stop locations. 6 Planning and Zoning Commission Regular Meeting January 12, 1999 CHAIRMAN SWITZER ADDRESSED THE BOARD (Non - Agendaed Item) `N•► Chairman Switzer handed the gavel to Vice Chairman Bond so that he could address the Commission. Mr. Switzer said it had come to his attention that from time to time the Planning and Zoning Commission had voted on issues where there was not a unanimous vote. In other words, there are times when there might be a 3 -2 vote or a 4 -1 vote. He asked if they would like to see the Chairman or Vice Chairman of the Planning and Zoning Commission attend the City Commission meetings to express the feelings of the Planning and Zoning Commission to the City Commission after staff made its presentation. For instance, there was some confusion about the area along Gotha Road. In that case, a 0 -3 vote turned into a 5 -0 vote. Had he or the Vice Chairman been present, perhaps the feelings of the Planning and Zoning Commission could have been conveyed a little better than what staff was able to do in their hard copy. He said Staff does a fine job, and he was not criticizing them at all. Sometimes the spoken word can convey an idea better than the written word. If it were the consensus of the Planning and Zoning Commission, he would be happy to attend the City Commission meetings. Mr. Landefeld, Ms. Rhodus, Ms. Hopkins and Ms. Bond concurred. Ms. Christoefl was concerned that Chairman Switzer might be in an awkward position on a controversial issue, but was assured it would not be a personal issue. Mr. Shapiro said he thought the appropriate approach would be to write a letter to the City Commission outlining their proposal, and the final decision would be the City Commission's. Discussion followed. Mr. Shapiro strongly recommended having Chairman Switzer meet with Deputy City Clerk Green to write a letter, copying everyone on the Planning and Zoning Commission and sending it to the City Commission for discussion. Chairman Switzer asked if the letter to the City Commission should be a letter of request or a letter of intent. Mr. Shapiro said it should be a letter of request since it is the City Commission's agenda. ELECTION OF OFFICERS (Non - Agendaed Item) Chairman Switzer said one item not on the agenda was the election of officers for 1999. Member Landefeld, seconded by Member Rhodus, moved to retain Chairman Switzer and Vice Chairman Bond as chairman and vice chairman respectively for 1999. Motion carried 6 -0. COMMENTS Mr. Shapiro said he was glad to be present and hear what the board was doing. Chairman Switzer thanked him for coming, saying they appreciated his presence. Now Planning and Zoning Commission Regular Meeting January 12, 1999 Mr. Wagner advised that Senior Planner Horne would be out for six to eight weeks Nosy following emergency surgery. In the interim, there is quite a "dent" in the operation of the Planning Department. Planning Director Wagner said he hoped the Olympia development project, which is the library and the school with the commercial piece at Clarke and Silver Star, would be on the agenda in February. Ms. Rhodus asked about the potential high school site at Fullers Cross load and Ocoee - Apopka Road. Mr. Wagner said the high school site is on hold due to a problem, and that, hopefully, it will move ahead shortly, or an alternate site will be found. The idea of getting a high school built in Ocoee, or very close by, has not been dropped. Discussion followed about possible future businesses in the City. ADJOURNMENT The meeting was adjourned at 9:10 p.m. Attest: APPROVED: ktuu Jo ) Aar • Marian Green, Deputy City Clerk ' l arold wi er, C rman 8