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HomeMy WebLinkAbout05-09-2000 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, MAY 9, 2000 CALL TO ORDER The meeting was called to order by Chairman Bond at 7:40 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Bond, Members Christoefl, Matthys, McKey, Miller and Rhodus. Also present were Planning Director Wagner, Assistant City Attorney Cookson and Deputy City Clerk Green. ABSENT: Vice Chairman Switzer, Members Landefeld and McNeil. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, April 11, 2000. `'�•► Member Christoefl, seconded by Member Matthys, moved to accept the Consent Agenda as presented. Motion carried 6 - 0. NEW BUSINESS AMOCO STATION #60677, SPECIAL EXCEPTION - PROJECT No. 1- 3SE -99 - PUBLIC HEARING Planning Director Wagner presented the staff report for a Special Exception for an Amoco Station to be located on the northeast corner of the intersection of Clarke Road and Silver Star Road. He explained that the previous Special Exception approval granted to Amoco for a convenience store with gas sales on the one acre parcel had expired. He explained that this request was limited to land use and that the applicant would submit a small scale site plan for an administrative review. He said that plan would not be considered by the Planning and Zoning Commission, but would come before City Commission if the applicant requests any waivers. He said there will be some sharing of utilities and stormwater management ponds with the adjacent Publix Shopping Center. Chairman Bond asked if Amoco planned to develop concurrently with the Publix Shopping Center, and Mr. Wagner responded that it cannot because Publix is ready to break ground within the next month. Planning and Zoning Commission Regular Meeting May 9, 2000 Mr. Wagner said that the Development Review Committee had unanimously recommended approval, and based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the proposed Special Exception for an Amoco Station at this location, subject to six standard Special Exception conditions: 1) This Special Exception approval shall expire twelve (12) months from the date of approval by the City Commission unless a building permit is obtained prior to such date permit being for the construction of the proposed use authorized by the Special Exception. Further, upon issuance of the building permit, the owner (or its agent) shall diligently proceed in good faith to complete construction in accordance with the terms thereof. Failure of the owner (or its agent) to proceed as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission. 2) Approval of this Special Exception does not authorize the commencement of development. Prior to issuance of a Building Permit, it will be necessary to obtain site plan approval pursuant to the provisions of Article IV of the Land Development Code. Further, compliance with all other applicable provisions of the Land Development Code shall be required. 3) Should the uses permitted by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the Conditions of Approval for the Special Exception, then said, the Special Exception may be revoked by the City Commission at its sole discretion. 4) Prior to Site Plan approval, the owner will submit to the City for review and approval a drainage easement permitting the discharge of storm water to an off -site storm water collection facility. This form and content of easement must be acceptable to the City. 5) The applicant shall make a good faith effort to obtain a Certificate of Occupancy for use within six (6) months of issuance of the building permit. 6) The Special Exception for a convenient store and gasoline sales facility shall be applicable only to Amoco Petroleum Products and is not transferable to another owner prior issuance of a Certificate of Occupancy. Mr. Wagner said the applicant wants to clarify who the Special Exception is for (Condition No. 6), because there has been a change in their corporate structure. The public hearing was opened. Attorney Bryan Sykes, Bowles and Sykes, Tampa, representing BP /Amoco in land use and transactional matters, said the Special Exception which Amoco had previously received for the site had lapsed due to the Amoco /BP merger in late 1998. He said this '`h. 2 Planning and Zoning Commission Regular Meeting `rr May 9, 2000 Special Exception is for a land use subject to site plan approval. He said that Amoco Petroleum Products is now known as BP /Amoco PLC. In order to allow for possible future changes in name or ownership of the company, Mr. Sykes asked that Condition No. 6 be changed to reflect that it "shall be applicable only to BP /Amoco, its direct subsidiaries, affiliate companies and/or successors in interest." As no others wished to speak, the public hearing was closed. Member McKey asked how this intersection would be impacted if it were treated as an activity center. Mr. Wagner said there would be an impact as upgraded commercial development standards would be imposed, and he said that many of the provisions that formerly would have been included in Special Exceptions are now already in the Code. Member McKey asked if the change to Condition No. 6 would allow any loopholes, and Assistant City Attorney Cookson said it would not, as the approval would still be for a convenience store and gasoline sales facility. Member Christoefl asked if the project will start in the next 12 months, and Mr. Wagner said it should be underway within six months. Member Matthys, seconded by Member Rhodus, moved to forward Project No. 1 -3- SE -99, Amoco Station, to the City Commission with a recommendation of approval subject to Conditions as outlined by Staff with the modification to Condition No. 6 that the Special Exception shall be applicable only to BP /Amoco, its direct subsidiaries, affiliated companies, and/or successors in interest. Motion carried 6 -0. OLD BUSINESS None. OTHER BUSINESS None. COMMENTS 3 Planning and Zoning Commission Regular Meeting rrr May 9, 2000 Planning Director Wagner said the City has selected a Master Planning Consultant (Spillis Candela DMJM) for the Lakefront Master Plan and other community improvement projects. He said the firm will help design the 25 acre South Park. Member Christoefl asked if there are plans for practice fields, such as soccer fields. Mr. Wagner said the City can use all 25 acres of the South Park site until the school is built. Chairman Bond suggested that it might be possible to used the C & W property for temporary soccer fields. Mr. Wagner said the City is working on acquiring 300 acres along Lake Apopka from Coca Cola for a projected site for a high school, elementary school and park Chairman Bond said if a committee is formed for the Master Plan she would like to serve on it. Mr. Wagner said there will be heavy public involvement, but they do not know how it will be structured. He said the consultant has found that informal input works best, such as in charettes. Member McKey asked about the Special Exception item for AT & T at 835 Marshall Farms Road listed on page 9 of the Work In Progress Report. Mr. Wagner explained `'�•► that it is an application for a cell tower and that a conventional tower is allowed in that zone. He said 80% of the community is restricted to camouflage towers or stealth towers. Chairman Bond expressed concern that the tower might interfere with Sun Spots. Discussion ensued about development in enclaves in the City such as a recently added cell tower and a project on SR 50, and the need for greater cooperation between the County and the City. Mr. Wagner said Staff is pursuing discussion with Orange County about an agreement whereby they follow the City's rules when developing within the City as the County has such an agreement with some other entities. In discussion about changing technology, Member Matthys pointed out there has been discussion about using low flying satellites for the cellular phones and getting rid of the towers altogether. Mr. Wagner reported that the first review of the Super WalMart site plan had been done, and it was expected to come before Planning and Zoning Commission within 30 to 60 days. He noted that WalMart will be paying for transportation improvements as well as about $1,000,000.00 in traffic impact fees. 4 Planning and Zoning Commission Regular Meeting May 9, 2000 In response to a question by Member McKey, Mr. Wagner said WalMart has assured the City that the old building will be leased out to other users, and he said that the developer of the shopping center will revamp the center when WalMart moves out. Mayor Vandergrift invited members of the Planning and Zoning Commission to attend the City Commission meeting on Tuesday, May 16 to hear a presentation about charter schools by the Haskell Group. He said he had proposed a 5 year plan to build one school per year for the next five years. ADJOURNMENT The meeting was adjourned at 8:35 p.m. Attest: APPROVED: - ''v. Marian Green, Deputy City Clerk Pat Bond, Chairman ' 5