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HomeMy WebLinkAbout02-09-1999 MINUTES OF THE PLANNING AND ZONING COMMISSION `rlir REGULAR MEETING HELD TUESDAY, FEBRUARY 9, 1999 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:35 p.m. A moment of silent meditation was followed by the Pledge of Allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Christoefl, Landefeld, McKey, Miller and Rhodus. Also present were City Manager Shapiro, Planning Director Wagner, Assistant City Attorney Formella, Senior Planner Lewis and Deputy City Clerk Green. ABSENT: Member Hopkins. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, January 12, 1999. Member Landefeld, seconded by Vice Chairman Bond, moved to approve the consent agenda as presented. Motion carried 7 -0. NEW BUSINESS MEURETT SIGN COMPANY, ANNEXATION - CASE No. AR- 98 -11 -14 - PUBLIC HEARING Planning Director Wagner presented the staff report for the proposed annexation of the 1.83 acre parcel located approximately 500 feet east of Marshall Farms Road directly south of and adjoining the Meurett Sign Company building on Maguire Road. He said the requested annexation satisfies State annexation criteria and eliminates an existing enclave. He concluded with Staffs recommendation for approval. Mr. John Carter, attorney for the petitioner, was present and available to answer questions. In response to questions by Chairman Switzer and Vice Chairman Bond, Mr. Wagner clarified the zoning of parcels surrounding the Meurett Sign Company location. Mr. Wagner said the applicant wants to annex in order to make the parcel a part of the overall sign company site and to secure City services for sewer and water. Planning and Zoning Commission Regular Meeting February 9, 1999 `'" Chairman Switzer opened the public hearing. Ms. Janet Rohe, owner of Sun Spots, a recording studio located at 821 Marshall Farms Road, expressed her concerns about the use of the property to be annexed. She was particularly concerned that noise from additional traffic might adversely impact her firm's recording environment. Addressing her concerns, Mr. John Carter said they would be expanding the parking area, but that traffic would primarily include morning and evening parking by employees and an average of two deliveries per day. In a discussion about plans for the driveway adjacent to Mrs. Rohe's property, Mr. Carter assured Planning and Zoning members that the access easement leading to the property from Marshall Farms Road would not be utilized by company trucks, but rather that access would be from the existing Meurett Sign Company site. Vice Chairman Bond stated for the record, "I'm a real estate broker. I was the lister and the seller of the WGTO building, which was a radio station. Janet Rohe and her husband Tom were my clients at that time. At that time, our Future Land Use Map, when the building was sold a year and a half, two years ago, to the Rohes, it was told to us by the City of Ocoee that on the Future Land Use Map that they would prefer to keep it Commercial rather than Industrial. Coming forward, that's where the position was taken to the best of my recollection with the Marshall Van Landingham property. Now the Nai WGTO building had had a, it was a radio station that had emergency broadcasting feature. There was a huge tower that was sold prior to the Rohe's Sun Spot Productions purchasing the building, and it was also my understanding that the user would be much better as a production company because they didn't require the tower and the tower is, a tower can only be, I think, in an Industrial application zoning." City Manager Shapiro and Mr. Wagner said that is not the case under the new telecommunications ordinance. The placing of a tower is now by district not by zoning. In the discussion which followed regarding towers, Ms. Bond recalled that her transaction with the Rohes had preceded the new ordinance by a few months. Vice Chairman Bond asked Mr. Carter to work with the Rohes as a good neighbor. The public hearing was closed. In response to questions from Member McKey about the proposed use shown in the Analysis and concurrency issues, Mr. Wagner explained that a future expansion of the existing building may extend partially into the site and that concurrency impacts should be minimal as the parcel is small. 2 Planning and Zoning Commission Regular Meeting February 9, 1999 N'"" As had been recommended by Staff, Member Landefeld, seconded by Member McKey, moved to recommend approval of the Annexation Petition submitted by Muerett Sign Company in Case No. AR- 98- 11 -14. Motion carried 7 -0. MEURETT SIGN COMPANY, REZONING - CASE No. AR- 98 -11 -14 - PUBLIC HEARING Planning Director Wagner presented the staff report for the petition to rezone the subject property as described above from A -1, Citrus Rural District (Orange County) to I- 2, General Industrial District (Ocoee). He explained the alternatives considered by Staff and the precedents for their recommendation. Noting that rezoning this contiguous parcel to a zoning classification consistent with the parent parcel is legally allowable and follows sound zoning practice, Mr. Wagner concluded with Staff's recommendation for approval of I -2 zoning. Chairman Switzer expressed concern about the possibility of noise from the road that runs from this property to Marshall Farms Road. In the discussion which followed Mr. Carter said they have no interest in utilizing the existing access easement as a form of access. Chairman Switzer opened the public hearing. +.• Ms. Rohe asked if there was anything that could be done to protect Sun Spots from possible future use that would include truck traffic. Mr. Wagner said this is a rezoning, not a site development issue Restrictions would have to be addressed in a site development review. Ms. Rohe asked about possible future requests for I -2 designation for surrounding businesses, and Mr. Wagner said this circumstance was unique because Meurett already had I -2 zoning. The public hearing was closed. As had been recommended by Staff, Vice Chairman Bond, seconded by Member Landefeld, moved to find the application in Case No. AR- 98- 11 -14: Muerett Sign Company 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 the requested rezoning from A -1 Citrus Rural District (Orange County) to I -2 General Industrial District (Ocoee). Motion carried 7 -0. Ms. Bond asked that presentation of the Case to City Commission include request for "good neighbor" consideration for the Rohes concerns. 3 Planning and Zoning Commission Regular Meeting February 9, 1999 Nifty Assistant City Attorney Formella stated for the record that she could not advise the City on either Brookestone issue due to conflict of interest, and she left the meeting at this time. BROOKESTONE, PRELIMINARY SUBDIVISION PLAN - PROJECT No. LS -98 -003 - PUBLIC HEARING BROOKESTONE FINAL SUBDIVISION PLAN, PHASES 1 AND 2, PROJECT No. LS -98 -003 Senior Planner Lewis presented the staff report for both Plans for the Brookestone Subdivision, explaining that it will include a total of 299 single family residential lots, located approximately a quarter of a mile south of the Florida Turnpike overpass, on the west side of Maguire Road. The Final Subdivision Plan for Phases 1 and 2 includes 208 of the 299 lots. Mr. Lewis explained that the Plan includes the realignment and construction of a portion of Tomyn Road, which will extend parallel to the northern edge of the property, just south of the Florida Turnpike. When it is completed with the first phase of construction, the road will be renamed to Heller Brothers Boulevard. He said Staff recommended approval of both Plans for Brookestone as date stamped received by the City on February 3, 1999, subject to City Commission approval of the accompanying Development Agreement related to the Tomyn Road /Heller Brothers Boulevard realignment and construction. He asked that the Planning and Zoning Commission make a recommendation for each Plan. Now Member Landefeld asked about the possibility of a greater traffic problem on Maguire Road. Mr. Wagner said the property was vested from concurrency due to prior commitments and approvals from years ago. Member Bond asked when this project was started, and Mr. Shapiro responded, giving the history of Heller Bros. relationship to the City. He said it was important to note that the widening of Maguire Road does include all the trips if all the land was developed in accordance with our Land Use Plan. Member Christoefl and Mr. Shapiro discussed traffic on and plans for Maguire Road. Chairman Switzer opened the public hearing. Ms Holly Myers, Miller McCoy Einhouse & Associates Inc., 918 Lucerne Terrace, and Mr. Dean Cannon, Gray, Harris, Robinson, 201 East Plant Street, Suite 1200, Winter Garden, expressed concerns about access and frontage of a piece of property owned by Mr. Dempsey Boyd that fronts Tomyn Road. Mr. Wagner said this issue had come up several days before and Mr. Shapiro said that a reasonable solution could be worked out prior to the City Commission meeting. Discussion followed. low 4 Planning and Zoning Commission Regular Meeting February 9, 1999 '' Mr. Charlie True, professional engineer, Donald W. McIntosh and Associates, 2200 Park Avenue, North, Winter Park, the engineer for the project, said he thought Centex had bent over backward to meet all the zoning requirements. He said it will be a nice project, and no right -of -way will be taken. He said Centex is ready to move forward. The public hearing was closed. Member Christoefl asked about the entrance on Maguire Road, noting her concern about its proximity to the Wesmere entrance. Mr. True answered that access points were set at acceptable distances several years before, and the location was based on traffic standards. As had been recommended by Staff, Member Landefeld, seconded by Member Christoefl, moved to recommend approval of the Brookestone Preliminary Subdivision Plan, Project No. LS -98 -003, as date stamped received by the City on February 3, 1999, subject to City Commission approval of the Development Agreement. Motion carried 7- 0. The public hearing for the Final Subdivision Plan was opened and, as no one wished to speak, it was closed. As had been recommended by Staff, Chairman Switzer, seconded by Member Rhodus, Nor moved to recommend approval of the Brookestone Final Subdivision Plan, Phases 1 & 2, Project No. LS -98 -003, as date stamped received by the City on February 3, 1999, subject to City Commission approval of the Development Agreement. Motion carried 7 -0. Senior Planner Lewis advised there will be another Final Subdivision Plan for Phase 3. COMMENTS Member Christoefl asked more questions about Tomyn Road, and Mr. Shapiro responded. Planning Director Wagner announced that the Olympia Development Tract will be discussed in the next regular meeting. He said the ten acre commercial parcel at Clarke and Silver Star will include both the library and the elementary school site. He said it would be the public hearing to consider the annexation, land use change and rezoning of the property. 5 Planning and Zoning Commission Regular Meeting February 9, 1999 ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Attest: APPROVED: k &A4 J 4IbJ Marian Green, Deputy City Clerk Darold Swi1ze , Chair n 1rr 6