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HomeMy WebLinkAboutPZ 05-08-1990 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, MAY 8, 1990 CALL TO ORDER: 7:35 p.m. PRESENT: Vice Chairman Linebarier; Planning and Zoning Commission members Swickerath, Switzer, and Weeks; Alternate Commission members Carroll and Rhodus; Director of Planning Behrens and Deputy Clerk Resnik. ABSENT: Chairman Sims and Commission members Bond and Shiver. APPROVAL OF MINUTES Commission member Weeks moved to approve the Planning and Zoning Commission meeting minutes of April 10, 1990 (both the Workshop and Regular meeting), Commission member Switzer seconded, and approval was unanimous. OLD BUSINESS Good Homes Plaza - Request for Additional Curb Cut on Highway 50 Director of Planning Behrens explained that the developer met with the Development Review Committee (DRC) requesting an additional Abe (third) curb cut on State Road 50. Director Behrens said the shopping center had already been approved by the City Commission (January 16, 1990) with two cuts. Director of Planning Behrens said the DRC approved the third cut with the approval of the City Engineer (safety -wise) with a vote of 4 -3 but Director Behrens said the Planning Department wanted to go on record that it felt the third cut was unnecessary. He also pointed out that there were various opinions in the packet including letters from the City's consulting engineer on the project, GAI Consultants, Professional Engineering Consultants, and Jim Shira, City Engineer /Utilities Director. Director Behrens said there was also a letter from Tipton and Associates representing the developer's opinion. Vice Chairman Linebarier asked for background on the DRC vote and Director of Planning Behrens said the developer met with DRC to discuss the possibility of a third cut and that the DRC voted 4 -3 in favor of the third cut if City Engineer Shira felt it would not cause a safety problem. Allen Goins, President of A.G. Development Group, developer of Good Homes Plaza, said they were requesting a change to the Developer's Agreement. Mr. Goins said that developers' agreements are usually worked out with landowners that do not end up being the developers Sw of the property and because of this, those agreements generally have to be amended. Page 2 Planning and Zoning Commission Meeting May 8, 1990 Mr. Goins pointed out that Bill Tipton of Tipton and Associates, was at the meeting to answer any technical questions the Commission members may have but that he did not feel it was the technical aspect that was the issue, but rather some fundamental business concerns. Mr. Goins said they had worked very hard to maintain safety with the additional curb cut but that economics sometimes dictates what needs to be done and in this case he did not have the perfect answer to the problem. Mr. Goins explained that the existing intersection of Good Homes Road and State Road 50 was currently at a Level of Service "F" in both the north and south directions. He said two lanes was an inadequate design in the first place and that they had tried to accomplish the best traffic design possible because they wanted a quality project to be able to attract quality tenants. Mr. Goins stressed that he did not feel they were compromising at all by requesting this third cut and he hoped that the City would not feel this way either. He explained that in June 1989 when he first met with staff, everyone agreed that the Developer's willow Agreement would need to be amended because the outparcels would need access. Mr. Goins said he had discussed the possibility of amending the Developer's Agreement with both City Manager Shapiro and Director of Planning Behrens and they did not seem to have a problem with it at the time. Mr. Goins said when he met with the DRC, staff expressed some concern with the outparcel curb cut. He said they attempted to accommodate staff by eliminating the cut but that this had left their best outparcel unmarketable. Mr. Goins explained that the major anchor tenant, Publix, mandated that the third outparcel (on the corner of Good Homes Road and State Road 50) had to be occupied by a service station. He said the reasoning behind this was that the service station would probably be about 1,200 square feet total and that a bank or a restaurant would probably occupy 4,000 -5,000 square feet and would therefore block the view of Publix moreso from State Road 50. Mr. Goins addressed some traffic safety concerns that had been raised by some staff members and said that any potential accidents that this third cut may create would be the result of either an illegal turn and /or bad judgment and that he should not have to plan for such occurrences. Mr. Goins said that City Engineer Shira had placed certain conditions on the additional cut to ensure safety and that they had Sim incorporated those conditions. Mr. Goins said that the arc had been changed to get automobiles out onto State Road 50 faster and Page 3 ‘10► Planning and Zoning Commission Meeting May 8, 1990 that a concrete curb was added at Good Homes Road to keep westbound traffic on State Road 50 from rear ending southbound traffic turning from Good Homes Road. He also said there were changes in the radii of the third curb cut to allow for a quicker turn into the shopping center. Mr. Goins said that although they have not solved all the problems at all the curb cuts, they have made a considerable amount of effort to maximize the safety. He expressed again that they can not, however, stop people from turning illegally or keep people from making bad judgments. Mr. Goins said they made a lot of off -site improvements, more than he had made at any of the other sites he has developed. Mr. Goins noted that they had charted all the northwest parcels at signalized intersections along State Road 50 to show how many cuts there were in and out of these parcels. Commission member Swickerath asked if this was germane since the third cut would not be at a signalized intersection. Mr. Goins said it was interesting to note that each of these parcels at each of these intersections had at least two cuts and that many of them had four cuts in and out. He also mentioned that these were approved by the same people who authored the West State Road 50 Area Study. Mr. Goins stressed that he needed this additional cut to be competitive and that what he was asking was not inconsistent with other parcels in the area. He said what they were asking for was still less than those other signalized intersections but it would at least help them to be more competitive. Mr. Goins added that the shopping center was currently under construction. Alternate Commission member Rhodus said she really did not think that many people would be driving south on Good Homes Road and miss the turn in on Good Homes Road and then take the cut on State Road 50 as the alternative. Alternate member Rhodus said that may happen occasionally but that she did not feel that this new cut would be used by people coming south on Good Homes Road. Alternate Commission member Rhodus asked if there would be a "No Turn on Red" sign at the intersection for those people turning west on State Road 50 from Good Homes Road. Mr. Goins said he recommended that there be such a sign but that staff denied the request. Vice Chairman Linebarier asked Director of Planning Behrens why staff did not want the "No Turn on Red" sign at Good Homes Road turning west onto State Road 50. Director Behrens said staff's concern was that the right hand turn lane might stack up on Good Homes Road and into the other lane and that the traffic Sir flow would be impeded. Page 4 Planning and Zoning Commission Meeting May 8, 1990 Alternate Commission member Carroll said the plan seemed reasonable. Alternate Commission member Rhodus asked if the service station would be satisfied with just this one curb cut and Mr. Goins said it would. He said that although it would not be as competitive as the other intersections that he had mentioned earlier, Chevron was interested in the parcel and was waiting to see what the City's decision would be for this additional cut. Alternate Commission member Carroll said that he is opposed to cuts along State Road 50 but that this solution seemed viable. Commission member Swickerath said he was completely against the intersection. He said he did not see a hardship if the parcel was moved to the west and the parking lot moved to the east. He said with that solution, there would be a longer distance in between the intersection at Good Homes Road and the additional curb cut. Commission member Swickerath also added that the northwest corner parcels that Mr. Goins had alluded to earlier were precisely the reasons why he was against the additional cut. %we Commission member Switzer said the problem he had with the additional cut was that he was afraid to see a re- creation of the intersection of Hiawassee and Silver Star Roads where the road tapered by K -Mart. He said he had been cut off several times there and that he had seen many close accidents because of the need to merge. Commission member Switzer said he would also like to see the gas station site moved west to solve this problem. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if eastbound traffic on State Road 50 would be able to make a left hand turn into this new curb cut and Vice Chairman Linebarier pointed out that there was an island there to prevent such a turn. Vice Chairman Linebarier said he met with Mr. Goins and Walt Marquart of A.G. Development Group to discuss the issue of the third curb cut. He said like Commission member Switzer, he was also concerned that the additional cut would create a problem such as the one on Silver Star Road just west of the intersection with Hiawassee Road. Vice Chairman Linebarier said he also expressed his desires to keep the curb cuts along State Road 50 to a minimum, along with the other recommendations outlined in the West State Road 50 Area Study. Vice Chairman Linebarier said that although he does not have any problems with the design of this third cut, he is not personally in favor of another cut. Page 5 Planning and Zoning Commission Meeting May 8, 1990 Commission member Swickerath moved to deny the request for an additional curb cut on State Road 50 for the Good Homes Plaza shopping center and Commission member Switzer seconded. Alternate Commission member Rhodus asked Mr. Goins if moving the outparcel to the west was a viable option. Mr. Goins explained that Publix as the major tenant would only allow parking in front of the store all the way out to the roadway and that Publix also would not allow a direct roadway towards the storefront. Commission member Swickerath said there were examples and instances where anchor tenants such as Goodings, Winn Dixie, and Publix had worked with municipalities and other tenants to incorporate what was needed into the design. He said he felt it was the perception of the corner parcel being more valuable than if it were moved to the west that was the real reason for wanting to keep it where it was. Commission member Swickerath said that the difficulties being experienced were created by design as opposed to inherent difficulties with the site itself. Commission member Weeks said he felt to move the service station r to the west would be bad planning. He said he also thought it was the duty of the Planning and Zoning Commission to work with people to see that things work. He said as long as it was safe, functional, and aesthetically pleasing, he did not see why the Planning and Zoning Commission should turn down the request. Commission member Weeks said he felt the design met all of the above criteria. Upon a roll call vote, the motion to deny the request for an additional curb cut on State Road 50 for the Good Homes Plaza shopping center was deadlocked 3 -3 with Vice Chairman Linebarier and Commission members Swickerath and Switzer voting to deny the curb cut and Commission member Weeks and Alternate Commission members Carroll and Rhodus voting against the motion. Director of Planning Behrens said the issue would go next to the City Commission and that the 3 -3 Planning and Zoning Commission vote would also be passed along to the City Commission along with staff's recommendation. Vice Chairman Linebarier asked Director of Planning Behrens if the City would use the West State Road 50 Area Study as far as landscaping was concerned for the shopping center. Director Behrens said the City was working with the developer and that the landscaping was substantially upscaled from what is required under City regulations. Director Behrens said he did not see any problems with working with the developer in this area. Page 6 Illome Planning and Zoning Commission Meeting May 8, 1990 RECESS: 8:30 p.m. CALL TO ORDER: 8:45 p.m. NEW BUSINESS Preliminary Plan - Whitehill Subdivision Director of Planning Behrens read the staff report and Vice Chairman Linebarier asked if there was anyone in the audience representing the developer and there was not. Commission member Swickerath asked if the intersection of Clark Road and White Road would be two lanes and Director of Planning Behrens said it would. Commission member Swickerath said it appeared that the main entrance to the subdivision would be off of White Road. He asked if the curb cut on Clark Road was one of the approved cuts and whether or not it aligned with anything across Clark Road. Director of Planning Behrens said he was not sure without having the map in front of him. Commission member Swickerath said that there were no acceleration or deceleration lanes shown on the plan on the Clark Road entrance and he wondered what would happen when Clark Road was eventually built. Director of Planning Behrens said that this was not dealt with at the Preliminary Plan stage and that Civil Design Group would probably deal with it at Final Engineering. Commission member Swickerath said if the City approved the Preliminary Plan with no acceleration or deceleration lanes, the developer would be under the assumption that this was an acceptable design. Commission member Swickerath also said he was concerned with the alignment of this cut with what would be on the west side of Clark Road. Director of Planning Behrens said he was not sure where the cuts were in relationship to each other. Director of Planning Behrens said the Planning and Zoning Commission members may want to put in any motion they make that approval is subject to acceleration and deceleration lanes being added on Clark Road when they submit their Final Engineering Plans. Vice Chairman Linebarier asked Director Behrens if the City had decided to go with four lanes on Clark Road and Director Behrens said it was currently planned to be four -laned with closed drainage and a 22 foot median. Vice Chairman Linebarier asked if there would be two lanes coming out of the subdivision on White Road, one for turning left and one Sloe for turning right. Alternate Commission member Carroll questioned Page 7 1 00111/ Planning and Zoning Commission Meeting May 8, 1990 the right -of -way dedication for Clark Road. He said the plan showed 50 feet and he did not think that would be adequate for a four -lane road with a 22 foot median and he asked Director of Planning Behrens if additional right -of -way was being taken from the west side of Clark Road. Director Behrens said he did not have the answers to these questions and added that the City's consulting engineer and City Engineer had approved these plans at the DRC level. Commission member Swickerath said that General Note #10 referred to a Phase I and he wondered if this subdivision was being planned in phases. Director of Planning Behrens said he was unsure but thought it was being done all at once. Director Behrens asked if the Planning and Zoning Commission would like to put this plan on hold and have the developer attend the next Planning and Zoning Commission meeting to answer these questions. Commission member Weeks said when Clark Road is built, there should be a curb cut in the median to allow a left hand turn into the subdivision entrance on Clark Road. Director of Planning Behrens agreed. Commission member Swickerath said that Clark Road is Sr supposed to be a boulevard and that if the City allowed every developer to cut into the median, the concept of a thoroughfare would be lost. Commission member Swickerath moved to deny Preliminary Plan approval until such time as the developer and the DRC could address the following issues to the satisfaction of the Planning and Zoning Commission: 1. Where is the right -of -way coming from for Clark Road? 2. Why doesn't the plan show acceleration or deceleration lanes at the entrance to the subdivision on Clark Road? 3. Can the access from Clark Road be aligned with an access to development on the west side of Clark Road? 4. What would happen to lots along Clark Road and White Road if acceleration and deceleration lanes are added? Commission member Switzer seconded the motion and it passed unanimously. Director of Planning Behrens told the Planning and Zoning Commission members for their information that the bonding of Clark S,„ Road was slated to be discussed at the next City Commission meeting Page 8 Planning and Zoning Commission Meeting May 8, 1990 (May 15, 1990) and that they may wish to attend to hear about the City's plans. OTHER BUSINESS Presentation /Discussion on Community Redevelopment Agency Director of Planning Behrens introduced Joyce Sellen, Assistant Director of the Orlando Community Redevelopment Agency (CRA). Ms. Sellen told the Planning and Zoning Commission members that the Orlando CRA was created in 1982 but that a special district was created long before that. She also explained that the Orlando Downtown Development Board was created by referendum and that the special district boundaries were created in 1972. Ms. Sellen explained that state statute allows a one mill tax levy (maximum) on all non - residential property within the 1,000 acre district of the downtown area. She said this funding has allowed major revitalization and beautification in the area. Ms. Sellen said the CRA began to see some success in 1983 -84 after much trial and error. She said the CRA was developed because it was a funding source and it also worked into the Comprehensive Plan. Ms. Sellen said in order for a CRA to be successful, both the local government leaders and the private citizenry need to agree on the City's priorities. She said a Comprehensive Plan helps with the vision of what the City wants and that the CRA in turn helps accomplish this by coordinating projects and adding a major funding source. Ms. Sellen said that a CRA needs to be created as early as possible in order to capture the revenue from tax increment financing before the property values peak or else there will not be any increment to build funding on. Ms. Sellen said the Orlando CRA started out with $300,000 in 1982 through this funding source and it has now grown to more than $5 million. Ms. Sellen gave an example of how tax increment financing works. She said if a property was valued at $100 and under the CRA the property increased in value to $1,000, $900 would go into the CRA budget as the amount of increase over the original value. Ms. Sellen said under current law, a CRA in Ocoee would first need the County's approval, unlike Orlando which had its CRA already established before the "county approval" segment of the law was implemented. Ms. Sellen said much to the County's disliking, Orlando recently increased its CRA boundaries from 596 acres to 1,620 acres. • Page 9 Planning and Zoning Commission Meeting 4111 May 8, 1990 Ms. Sellen explained that if Ocoee was interested in establishing a CRA, it would first need to do a study to determine where it proposed its boundaries to be (where "blight" exists that the City wants to address). Ms. Sellen said "blight" could be defined to include transportation problems that need to be addressed; substandard housing or neighborhoods that need renovating; pedestrian improvements; open space, beautification efforts; etc. Ms. Sellen said the City then would have to devise a plan that would seek to overcome these blighted conditions. She said that much of the Orlando CRA's funds are currently going towards transportation issues because of the new concurrency laws. Director of Planning Behrens asked Ms. Sellen to explain the difference between low income housing and market rate housing. Ms. Sellen said the Orlando CRA did a study to determine what people who work downtown would be willing to pay on a monthly basis to live downtown rather than where they are currently living. She said the respondents said they would be willing to pay $500 -$800 a month and that this amount represented the market rate for housing in the area as compared with low income housing which would be less. Ms. Sellen said the Orlando CRA has done some housing as part of its overall plan and that this had been done through a joint venture with other organizations. Vice Chairman Linebarier asked why Orange County would have objections to a city improving areas within its own boundaries. Ms. Sellen said the CRA takes the tax monies that would normally go to the county. Commission member Swickerath asked if the County raised its overall millage rate, if it would get that additional revenue. Ms. Sellen said the County would only get the additional tax revenue outside of the CRA area. Commission member Swickerath asked what happens when a CRA overlaps other governmental entities such as school boards. He asked whether a school could be considered a "blighted" area. Ms. Sellen said a school could be considered "blighted" and that the Orlando CRA was currently working with a school. She said as long as it is in the city's plan and it meets a condition of "blight" as defined in the CRA, it could be included in plans for redevelopment. Commission member Weeks asked whether the CRA had the ability under state statute to take private property and Ms. Sellen said although they did have the right to do so, they try not to take property unless it is absolutely necessary. She said property owners usually get more than the fair market value. Ms. Sellen explained that the CRA can not use its funds on private property or public buildings; however, she said the money could be used for things that in turn directly help the private property owner such as water and sewer lines and beautification projects. Page 10 r Planning and Zoning Commission Meeting May 8, 1990 Ms. Sellen explained that the Orlando CRA had participated in some joint ventures for different projects and that this could either be done through an advertised bid, or if a developer could bring something to an area that otherwise would not be possible, then the CRA could work directly with that organization. She said the latter is usually a philanthropic project for the developer. Ms. Sellen said the CRA could spend its funds on anything that led to private property including street lighting, streetscape projects, water and sewer lines, tree planting, and then it was up to the private property owner to take advantage of these improvements. Vice Chairman Linebarier asked if the CRA had any power to pressure development to happen once improvements were made. Ms. Sellen said rather than pressure landowners, the CRA tries to reason with them. She said there were some programs in the Orlando CRA plan that were more persuasive or forceful than others including a mandatory facade improvement program for those who are redeveloping property. Ms. Sellen said this could be considered pressure since it represents a code violation if not adhered to. She said this is r not usually the tactic that they use since cooperation and discussions with property owners usually work better. Commission member Swickerath asked when the Orlando CRA had used eminent domain and Ms. Sellen said for the development of low income housing. Commission member Swickerath asked whether the property owners in the "blighted areas" have to agree to have the area classified as such and Ms. Sellen said they did not, although the CRA had to hold public meetings to consider the issue. She said most people do not like being associated with living or owning property in a "blighted area ". Ms. Sellen said the determination is not made over night and that there was a long process connected with establishing the areas the CRA plan would cover. Comments from Planning and Zoning Commission Members Commission member Swickerath requested that Director of Planning Behrens bring a copy of the DRC meeting minutes with him to Planning and Zoning Commission meetings for those projects that are on the agenda. He thought the minutes might be beneficial in answering some of the questions that may arise on different issues that were discussed at the DRC level. , Page 11 Nire Planning and Zoning Commission Meeting May 8, 1990 Commission member Switzer asked when Good Homes Plaza was going to the City Commission for a decision on the third curb cut. Director of Planning Behrens said it would be on the May 15 City Commission meeting agenda. Commission member Switzer said he thought there was supposed to be more time between when something went before the Planning and Zoning Commission and the City Commission. He said he remembered discussions that it was a three week minimum. Director of Planning Behrens said he would do the staff report in the morning adding the Planning and Zoning Commission's recommendation and then give it to City Manager Shapiro and it was the City Manager's decision when it went to the City Commission. Commission member Switzer said his point was that if Whitehill subdivision goes to the City Commission at its May 15 meeting, the City Commission would have the staff report but would not have the Planning and Zoning Commission minutes to refer to why the Planning and Zoning Commission's recommendation was what it was. Commission member Swickerath said former Mayor Tom Ison moved all developer - related items to the first City Commission meeting of each month in order to allow for enough time after the Planning and Zoning Commission meeting. Director of Planning Behrens said he thought that might have been done to help staff by giving them more time but that City Manager Shapiro had a different view on it. Vice Chairman Linebarier said although staff benefitted from it, it was not done because of staff. Director of Planning Behrens said he would convey the Board's feelings to City Manager Shapiro but Director Behrens said he personally did not have any control over when things were scheduled for City Commission meetings. Vice Chairman Linebarier asked if any of the Planning and Zoning Commission members could attend the City Commission meeting to make the City Commission aware of the actions made tonight. Commission member Swickerath said he would be at the meeting and Vice Chairman Linebarier said he would try to make it. Vice Chairman Linebarier said he and Commission member Swickerath went before the City Commission with the Planning and Zoning Commission's resolution on the West State Road 50 Area Study. He said three City Commissioners that were on the Commission at the time thought it had been adopted by the City but that no minutes could be found to determine whether or not this was the case. Vice Chairman Linebarier said the City Commissioners agreed to use the West State Road 50 Area Study as a guideline for development but that they did not formally adopt it. Ste Page 12 Planning and Zoning Commission Meeting May 8, 1990 Director of Planning Behrens wanted to remind the Planning and Zoning Commission members that the City was in the process of working with the County and with Windermere representatives to extend the Joint Planning Area boundary south. Commission member Swickerath asked when the Planning and Zoning Commission would be meeting on annexation and rezonings and Director of Planning Behrens said they wanted to wait until the Joint Planning Area was modified to allow for that property to come in as well. Director Behrens said the window for annexation and rezonings would probably begin sometime in June. Commission member Swickerath and Vice Chairman Linebarier recommended that the Board meet on more than one night to consider the annexation and rezoning applications, if need be, rather than having a meeting that lasts until 2 a.m. which was what happened last year. ADJOURNMENT: 10 p.m. / CHAIRMAN SIM_ S ATTEST: I ' . ' r D :PUTY CLERK RESNIK ii