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HomeMy WebLinkAbout04-21-86 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD APRIL 21, 1986 CALL TO ORDER Wks, PRESENT: Chairman Bruce Beatty, Members Verr, Combs and Cliff Rhodes, Planning Director Russ Wagner, Building Official Sam Gerace, City Clerk Helen Catron and Deputy Clerk Susan Amesbury. ABSENT: Members Jack Marsden, Bob Colburn and Alternate Albert Nettles. Chairman Beatty called the meeting to order at 7:34 p.m' and led everyone in a moment of silent prayer. Chairman Beatty stated for the record that a quorum was present. APPROVALS Mr. Rhodes moved to approve the minutes of the March 17, 1986 Board of Adjustment meeting as written, seconded by Mr. Combs and approved unanimously. VARIANCE REQUEST - DON TYNDALL Mr. Tyndall stated he was requesting a variance for the number of parking spaces required and also to allow building and parking in a required setback. Mr. Tyndall showed the Board a map of the property and stated he had owned the property for about 2 years. The Board went over the map in detail with Mr. Tyndall, Planning Director Wagner and Building Official Gerace. Chairman Beatty stated that the Board of Adjustment's duty was to make a recommendation, and that the City Commission would make the final decison. Mr. Combs made a motion determining the 50' setback from the roadway center line would be acceptable vs the 80' setback requested by staff, seconded by Mr. Rhodes. Chairman Beatty stated for the record that this motion was based upon section 7'1 and 7.2 on page 1344 of the Ocoee code. Motion passed unanimously. Chairman Beatty moved that Mr. Tyndall`s request in reference to permitting parking spaces within the 50' setback be denied and instructed Mr. Tyndall to redesign to conform to C-3 Zoning. Motion seconded by Mr. Combs and carried unanimously. SPECIAL EXCEPTION - L1MARAw II Planning Director Wagner briefed the Board on the events leading up to the Limaran 11 special exception request. He stated that the City had originally received a request from Mr. Allen Amos, Vice President of Limaran 11, for interpretation of whether C-3 zoning allowed open air markets. Planning Director Wagner could not definitely define this since the ordinance addresses similar uses but not specifically open air markets. After a conference with kirro Page 2 April 21, 1986 Board of Adjustment Meeting *tiff City Attorney Kruppenbacher, it was determined that the use would be acceptable as a Special Exception so there would be safeguards. Planning Director Wagner stated that the Board's responsibility was to lay down safeguards to guide the project. At this time Mr. Jim Huckeba introduced himself to the Board and stated he was there to represent Mr' Allen Amos. He provided each Board Member with a notebook which had information about the proposed project and other projects Limaran 11 has completed. Mr. Huckeba stated that he thought the two largest problems with the open air market would be the traffic and drainage. He stated that these problems were addressed in detail in the packet and they also included aerial photographs of other are Limaran 11 has developed in Winter Park. Chairman Beatty questioned Planning Director Wagner about the zoning on the neighboring properties along Marshall Farms Road. Planning Director Wagner answered that the zoning was C-3 on the East, West and South and R-3 on the North. Spencer Cross introduced himself to the Board as an adjoining property owner with concern. He felt the request for an open air and produce market would reduce the value of adjoining property. He also felt it was an undesirable business and stated that he was not opposed to commercial use of the land, just this type. Mr. Cross felt that traffic and drainage would be major problems. Mr. Huckeba stated his company has retained a traffic engineer to �� �� address the traffic problems on Marshall Farms Road and State Road 50. He also stated that Limaran 11 was prepared to 3 lane Marshall Farms Road at their expense. Chairman Beatty questioned the number of booths and parking spaces for the market. Mr. Huckeba stated that there would be 600 booths and 702 parking spaces. Chairman Beatty asked Planning Director Wagner if the 702 parking spaces for 600 booths conformed to the City Code. Planning Director Wagner answered that the general rule on this was 5 spaces per 1,000 square feet of the business. He also stated that Limaran 11 was providing 624 additional parking spaces for the vendors so that the total would be 1,326 and this was substantial for the 88,900 square feet of proposed market space. Chairman Beatty stated that his concerns were as follows: (1) Traffic (2) Paving (3) Fencing & Screening (4) Trees (5) Buffer Areas and (6) Drainage. Mr. Huckeba stated that a tree line buffer exists, there would be a fence inside the property, there were trees indicated on the plans, and that traffic was a serious consideration and would be addressed to ensure safety. He also stated the developer would bear the expense of installing 3 lanes after the engineer's report. Mr. Huckeba stated that the market would be open on Friday, Saturday and Sunday only. Chairman Beatty stated that turning eastbound onto State Road 50 was currently hazardous and was not sure it would be possible to Page 3 April 21, 1986 Board of Adjustment Meeting add a third turn lane. Mr. Combs stated that he had spoken with a Code Enforcement Board Member and was told that a traffic light at Marshall Farms Road had already been denied by D.O.T. He felt the overpass might possibly block the view of the traffic light. Mr. Combs stated he felt the problems were (1) Parking (2) Paving and (3) The flea market further west on State Road 50 two years prior had closed up' He questioned Mr. Huckeba about market research. At this point Mr. Allen Amos introduced himself and stated that extensive market research has been done. He stated he had talked with numerous vendors and hundreds of people and his opinion was that if the market was promoted properly it would be very successful. Chairman Beatty asked Mr. Amos if there would be someone on the property seven (7) days a week. Mr. Amos answered that at this point he was not sure but that security would be on duty anytime the market was open. Chairman Beatty questioned Planning Director Wagner about the City Code in reference to merchandise displayed outside. Planning Director Wagner answered that the Code stated it must be screened. Chairman Beatty asked Mr. Amos about the timetable involved after approval by the Board and Commission to present their plan to the City Building Department. Mr. Amos stated that the final plan would be submitted within 30 days or so after Commission approval. He also stated Limaran 11 wanted to work with the City and that they had no prior *t— problems with similar developments. Mr. Amos felt that any delays would be caused by traffic problems and that he wanted these resolved as safety is a primary concern. Mr. Combs asked Mr. Amos if he had ever developed an open air market. Mr. Amos answered that he had not but had done many developments of other kinds, residential and commercial. Planning Director Wagner stated that the main issue was whether the Board wished to grant this kind of use He stated that Limaran 11 would have to go through a full site plan review procedure if granted and that technical problems would be covered. Planning Director Wagner also stated that a traffic study and paved parking were good ideas and screening and landscaping would beautify the project. Chairman Beatty stated that he did not want to detract from either the R-3 area immediately behind or the commercial area immediately in front of the proposed market site. At this time Mr. Amos introduced Mr. Howard W. Jewett to the Board, an engineer doing civil and environmental services. He stated that from a preliminary study he found no appearance of drainage problems. Mr. Jewett stated that there would probably be a slight degree of run off but saw nothing to create a problem. Mr. Combs stated he had the following problems with the proposed project: (1) Marshall Farms Road traffic problems (2) That an open air market would not help property owners in the area and (3) That Page 4 April 21, 1986 Board of Adjustment Meeting parking area must be paved to hold down dust and drainage problems. Mr. Jewett stated for the record that partial paving would reduce run off. Mr. Combs questioned Mr. Kruppenbacher's definition of the property. Mr. Amos stated that open air markets were not addresed in Ocoee's Code. Planning Director Wagner stated that the Attorney was looking for something with similar intensity. Mr. Combs felt that the engineer would find traffic lights may not be easy to get permitted and that he had serious reservations. Chairman Beatty also expressed serious reservations but stated the quality of the presentation was impressive. Mr. Combs made it motion to deny the special exception and send Limaran 11 to the Commission, seconded by Mr. Rhodes and motion approved unanimously. COMMENTS A. City Manager - None B. Building Official - None C. Board Members - None D. Citizens - None ADJOURNMENT Mr. Combs moved to adjourn, seconded by Mr. Rhodes and motion 110, carried unanimously. Meeting adjourned at 9:18 p.m. '�� �� Chairman Bruce Beatty ATTEST: Deputy Clerk Amesbury *lire 4