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HomeMy WebLinkAboutPZ 10-10-1990 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON WEDNESDAY, OCTOBER 10, 1990 tkor CALL TO ORDER: 7:30 p.m. PRESENT: Chairman Sims; Vice Chairman Linebarier; Commission members Swickerath, Weeks, and Bond; Alternate member Rhodus; City Attorney Rosenthal, Director of Planning Behrens, Senior Planner Harper, and Deputy Clerk Resnik. ABSENT: Commission members Shiver and Switzer and Alternate member Carroll. Chairman Sims explained that the Planning and Zoning Commission bylaws stated that no new business was to be brought before the Commission after 10:30 p.m. and asked if the Commission wanted to waive this in light of the fact that there were several annexation /rezoning applicants to hear from tonight. Vice Chairman Linebarier moved to waive the 10:30 p.m. time limit, Alternate member Rhodus seconded, and approval was unanimous. OLD BUSINESS %be Director of Planning Behrens explained that the Planning and Zoning Commission had postponed the vote on the rezoning to PUD for both the Christiansen and Belmere properties. Director Behrens said the Development Review Committee would meet on Thursday, October 18, to vote on the conceptual plans and then the Planning and Zoning Commission would hold a special meeting on Tuesday, October 23, at 7:30 p.m., to review the conceptual plans. Commission member Swickerath moved to approve the special meeting date and said he felt they needed to accommodate the developers because it was an error on staff's part. Commission member Swickerath said he wanted to specifically include in his motion that he was upset at staff's incompetence. Alternate member Rhodus seconded the motion to hold the special meeting but she, as well as Commission members Weeks and Bond, all stressed that they did not feel that staff had been incompetent in any regard and said that they felt staff had done a good job putting these reports together. Case 1 -11 R -90: G &F Director of Planning Behrens read the staff report in its entirety. Steve Fieldman, representing the petitioner, said that the applicant had waited, at the request of staff, to see what developed along this section of Silver Star Road before requesting zoning. Commission member Swickerath said he would like to see it kept as Professional - Services to act as a buffer between Silver Star Road and the residential behind it. He also said that C -2 r would generate too much traffic. Page 2 Planning and Zoning Commission Meeting October 10, 1990 Director of Planning Behrens said staff felt by not allowing the C -2 zoning, the City would be placing restrictions on this developer that would constitute what staff felt was an unnecessary hardship considering there was other C -2 zoning in the immediate area. Commission member Weeks moved to recommend approval of the staff recommendation as outlined in the staff report, Alternate member Rhodus seconded, and the motion passed 5 -1 with Commission member Swickerath opposed. Case 1 -10 AR -90: REAL Director of Planning Behrens read the staff report in its entirety. Both Chairman Sims and Commission member Bond declared a conflict of interest and abstained from discussing or voting on the case. Lou Roeder, the applicant, said the lots along the lake were being requested for R -1 -AAA and would have a minimum lot size of 10,000 square feet. He said the remaining lots were being requested for R -1 -AA. Mr. Roeder said there were a total of 107 lots. Commission member Swickerath moved to recommend approval of the staff recommendation as outlined in the staff report but more specifically to denote that the request for zoning was for R -1 -AAA for the lots on the lake and R -1 -AA for the remainder of the lots, Commission member Weeks seconded, and the motion passed unanimously, 4 -0, with Chairman Sims and Commission member Bond abstaining from the vote due to a conflict of interest. The Oaks - Preliminary Plan Director of Planning Behrens read the staff report and explained that the subdivision would have less than two units per acre, that there were a total of 107 lots, and that all the lots along the lake would be zoned R -1 -AAA. He said there were no outstanding issues at the staff level. Lou Roeder, representing the developer, said the reason they were submitting the plan at the same time they were requesting annexation and rezoning was because they originally approached the City in March about doing such a development, but they had to wait until now to petition for annexation and rezoning due to the City's schedule. Commission member Swickerath asked if the boat ramp was to be private or public and Mr. Roeder said private. After some discussion, Commission member Swickerath apologized because he was mistakenly referring to Lake Olympia rather than Starke Lake and �lrr Page 3 Planning and Zoning Commission Meeting %ow October 10, 1990 after clarifying that it was Starke Lake, he said he had no problem with the private boat ramp. Commission member Weeks asked Mr. Roeder if they could foresee any problems with the wetlands area where Starke Lake flows into Lake Olympia and Mr. Roeder said that they had worked very hard to save the wetlands and in fact were only losing two trees out of hundreds that measured over 18" around. He also said that the retention ponds were sufficient to keep the runoff from the subdivision from going into the lake and that there would be a pollution abatement berm to keep the water quality from deteriorating in Starke Lake. Commission member Swickerath asked if the natural vegetation on the lakeside was protected and Bill Fogle of Civil Design Group said that 15 -20' in from the lake itself is a designated conservation area to be dedicated to the City and the homeowners can not remove vegetation from that area. Director of Planning Behrens reminded the Planning and Zoning Commission members that any motion they make needs to be subject to the City Commission voting favorably on the annexation and rezoning petition for this property. Commission member Weeks moved to recommend approval of the Preliminary Plan subject to the City Commission voting favorably to annex and rezone the property as requested, Alternate member Rhodus seconded, and approval was unanimous. (Chairman Sims and Commission member Bond abstained from the vote due to a conflict of interest.) Case 1 -16 AR -90: SPRAYFIELDS Director of Planning Behrens read the staff report in its entirety. He explained that the City had petitioned Orange County to modify the Joint Planning Area to allow this property to be brought into the City and he was hopeful that this request would progress in the County's process to the approval stage before the City Commission has to vote on it. Director Behrens said the sprayfields are City property and are currently contiguous on the southeast side to property in the City. Robert Wiegers, Senior Planner for Orange County, said the County is in the process of reviewing an amendment to the Joint Planning Area but he was unsure as to when the final vote would come on it. Mr. Wiegers said there is some concern about how the property is only "corner contiguous ", meaning it touches realistically only at the corner points where two properties meet. He said the County's legal staff is currently reviewing this "corner contiguous" case and the County Planning Department's initial reaction is that being Page 4 Planning and Zoning Commission Meeting rr October 10, 1990 corner contiguous is not good enough and that the City should try to annex other property in the area to make it more compact and contiguous. Dennis Phipps, President of the Clarcona Improvement Association, said his organization thought the City was putting the cart before the horse by wanting to annex before the Joint Planning Area boundary is amended. Mr. Phipps said the Clarcona residents know where the Joint Planning Area is and expect decisions to be acted on accordingly and that the City of Ocoee and the County should respect their Clarcona neighbors by amending the boundary before any annexations are permitted. Commission member Swickerath asked Mr. Phipps if he was aware that this was City property and Mr. Phipps said he was. Commission member Swickerath said he would think that the Clarcona community would appreciate the intended use of this land because it went along with the rural nature of the area and it would not bring a lot of activity. Chairman Sims added that he thought it was important for the City of Ocoee to have this land under its control. Director of Planning Behrens asked Mr. Phipps to provide him with something in writing from the Clarcona Improvement Association that detailed who were the members of the Association and where they lived. Director Behrens said he had requested the same from the Clarcona landowners group. Commission member Bond told Mr. Phipps that she used to live in Clarcona and that she was personally glad to see the Clarcona residents keeping up their efforts. Vice Chairman Linebarier moved to recommend approval of the staff recommendation as outlined in the staff report, Commission member Swickerath seconded, and approval was unanimous. Case 1 -39 AR -90: MILTON WEST Director of Planning Behrens read the staff report in its entirety. Director Behrens said the City had discussed this property, as well as other parcels, with Orange County and had discussed the City's intent to move the Joint Planning Area line to McCormick Road. Chairman Sims asked Director Behrens what logic was used to find this petition consistent with the City's Comprehensive Plan. Director Behrens said he looked at what would develop in those 500+ acres and looked at the Future Land Use Plan and that capacity and concurrency questions have been looked at and a favorable conclusion was reached even though the City has not seen anything specific on plans as yet. lr Page 5 Planning and Zoning Commission Meeting `err October 10, 1990 Commission member Swickerath asked about the A -2 Suburban zoning because he was not familiar with it and Director Behrens read the general description of the zoning from the Code. Director Behrens said under A -2 Suburban, single family, a church, recreational facilities, a library, or a marina could all be developed. Commission member Swickerath questioned the property being contiguous and asked what was different about this petition in that regard from the Besade case they had discussed last night. Commission member Swickerath said he thought the Besade property was more contiguous than this property. Director of Planning Behrens said he has had more discussions with this applicant and that it was not as politically sensitive an area. Lou Roeder, representing the applicant, said the petitioner was not interested in developing the property for several years but wanted to annex the land into Ocoee now out of the concern that Winter Garden is aggressively annexing property in this area and the applicant was afraid that he would find his property "cut off" from the City of Ocoee. Robert Wiegers, Senior Planner for Orange County, pointed out the recent annexations by Winter Garden and showed on the map where the Winter Garden city limits were. Mr. Wiegers said the County had only done a brief review of the application and that more research would have to be done but that they would probably object to the annexation of the piece to the north of Fullers -Cross Road because of the problem with it not being compact and contiguous. He said again for the record that the County would like to see the City wait until the Joint Planning Area boundary is amended before it approves of any annexation of property outside the boundary. He also said that as far as the compact and contiguous issue was concerned, the County felt the City was taking this contiguous definition to the extreme and that it might only be touching the other property in the city limits maybe an inch. He said the County's legal staff was going to review this. He said the concept of being compact and contiguous was especially important in matters regarding emergency response vehicles. Dennis Phipps said he wanted to make the same comments he made earlier that the Clarcona residents he represented wanted the City to wait until the Joint Planning Area Agreement was amended before considering any annexations outside the current boundary. Vice Chairman Linebarier asked Mr. Phipps to point to Clarcona on the map in relation to this land and Vice Chairman Linebarier noted for the record that it did not abut the Clarcona area at all. itor Page 6 Planning and Zoning Commission Meeting ° err. October 10, 1990 There were other concerns expressed by nearby property owners about the possibility of multi - family dwellings being too close to the existing single family homes and that the single family dwellings could be as small as 1,000 square feet which the existing residents felt was too small. Director Behrens reminded everyone that the only thing being voted on at this meeting was annexation and zoning and they were not being asked to approve the proposed conceptual plan that was only one possibility of how the property may be developed. Vice Chairman Linebarier said he would like to see the process of amending the Joint Planning Area sped up, but until that time he did not think the City should annex this property, especially because of the fact that it is only corner contiguous. Commission member Bond agreed that the Commission should deny the application without prejudice. City Attorney Rosenthal read from the interlocal agreement on the Joint Planning Area to show that there is nothing in the agreement that stipulates that the City can not annex outside the Joint Planning Area, only that the County would still have a voice in how the land was developed or serviced. Attorney Rosenthal said there may have been verbal agreements or understandings that go beyond the written agreement but his opinion is based on the written agreements and on Florida law and nothing in either of those two realms would prohibit the City from annexing outside the Joint Planning Area. He said, of course, that the Planning and Zoning Commission members and the City Commissioners would have to individually consider any moral reasons they may have for voting a particular way. Commission member Swickerath moved to recommend approval of the staff recommendation as outlined in the staff report and to ask the City Commission to explore moving the Joint Planning Area boundary to include this property and Commission member Weeks seconded. Vice Chairman Linebarier reminded Commission member Swickerath that he led the fight two years ago not to annex a parcel because it was outside the Joint Planning Area. Commission member Swickerath said in two years he has learned a lot and that things have changed. Vice Chairman Linebarier said he felt the City had a moral obligation to Orange County to wait until the Joint Planning Area boundary is extended. He said the property owner said he is in no hurry to develop so Vice Chairman Linebarier did not see the reason to have to annex right away. Alternate member Rhodus said that the applicant had explained earlier that he was requesting annexation because he was worried that Winter Garden would annex the property around it and make it harder to be contiguous to the City of Ocoee. ‘Irr Page 7 Planning and Zoning Commission Meeting �Ir October 10, 1990 Chairman Sims said he thought it would be logical to have this property within the City limits at some point and he agreed that it may not be wise to wait considering the recent Winter Garden annexations in the same vicinity. He also remarked that he thought it was a good piece of property and that at first glance it appeared that the property owner had some good ideas for developing. There being no further comments, a vote was taken and the motion passed 5 -1 with Vice Chairman Linebarier opposed. Case 1 -22 AR -90: TOM WEST Director of Planning Behrens read the first two parts of his staff report to provide a background on the property but did not read the staff's recommendation. Director Behrens said the applicant is requesting R -1 -A zoning and that there was some concern, including a written memorandum from City Commissioner Sam Woodson, that the zoning may need to be of a lesser density since the surrounding property is mostly R -1 -AA. He said he would like to table his recommendation until the owner states his intentions for development. 116" Bill Fogle of Civil Design Group, representing the developer, explained that this parcel was totally surrounded by residentially - zoned property anywhere from R -3 to R -1 -AA. Mr. Fogle said he did not have a detailed plan on what they proposed to do as yet but that the R -1 -A would give them the flexibility they would not have as much with the R -1 -AA. He said the homes on the site would probably sell for between $120,000 - $140,000. Chairman Sims asked if the Planning and Zoning Commission could consider this petition and the following two on the agenda as all one package. Mr. Fogle agreed that this would be a good idea. Case 1 -20 AR -90: TERRY and Case 1 -21 AR -90: TIBET were added to the discussion. Chairman Sims asked Director Behrens about the adjacent properties' zonings and Director Behrens said to the east of the Tibet parcel was zoned R -1 -AA and to the east of the Terry parcel was zoned R -1 -A. Yvonne Allen, 501 Bernadino Drive, Ocoee, said she was a resident of the Harbour Highlands II subdivision and her backyard was immediately adjacent to the Terry property. Ms. Allen said she did not feel R -1 -A was sufficient for the area considering the homes in Harbour Highlands II are more than 2,000 square feet in living area and the R -1 -A zoning would allow for much smaller homes. She said she hoped the Commission would ensure that there would be comparable size homes to abut what was already built in the area. �r+ Page 8 Planning and Zoning Commission Meeting October 10, 1990 Ms. Allen said she was glad to hear that SunVest (the developer of The Hammocks subdivision) was going to develop the property but she was hoping the homes would be similar to the homes in The Hammocks. Chairman Sims asked staff whether or not the street behind Harbour Highlands II would be vacated and Mr. Fogle said the developer would propose to vacate Jackson Street. Maggie Kern, 501 Bernadino Drive, Ocoee, expressed similar concerns as Ms. Allen. Chairman Sims explained that if Jackson Street was vacated, half the street would be turned over to the Harbour Highlands II residents along the southern line of that subdivision and the other half of the street would go to the adjoining lots of this new development. Norman Moy, 822 Chicago Avenue, Ocoee, asked if an environmental impact study was done on the area since he had seen bear tracks. Mr. Fogle said they had been on site to check out the wetland areas and that all the wooded area on the back side of the property would be preserved as a conservation area. Ms. Allen, Ms. Kern, and Mr. Moy all said they approved of the annexation but would like to see the same quality of development as what they had purchased. Mr. Fogle said they hoped to treat all three parcels as one subdivision in order to have greater flexibility in design. Director of Planning Behrens asked for a five minute recess and Mr. Fogle said his client would be open to negotiation on the zoning of these parcels. RECESS: 9:45 p.m. CALL TO ORDER: 9:55 p.m. City Attorney Rosenthal said the Planning and Zoning Commission members should each give their thoughts on the R -1 -A zoning and then they can see if the applicant needs or wants to change the request for zoning. Commission member Swickerath said he would like to see R -1 -AA lots adjacent to existing R -1 -AA lots but would have no objection to allowing R -1 -A zoning for all remaining areas. He said, in effect, he recommended using R -1 -AA zoning as a buffer between existing R- Page 9 Planning and Zoning Commission Meeting October 10, 1990 1 -AA zoning and new R -1 -A zoning. Commission member Swickerath said this way the new homes built adjacent to existing homes would have comparable square footage. Chairman Sims said this would be difficult to do so because they do not have any lot layouts to work with. Commission member Swickerath said they could use the perimeter of those particular parcels. Attorney Rosenthal said for rezoning purposes, there needed to be a metes - and - bounds description. Bill Fogle of Civil Design Group said it would be acceptable to the landowner to require 10,000 square foot lots adjacent to the existing R -1 -AA lots in order to work within the same square foot minimums. Chairman Sims asked staff if the Planning and Zoning Commission could approve the R -1 -A zoning with the added provision that all lots adjacent to existing homes on R -1 -AA lots shall also be developed under R -1 -AA requirements. City Attorney Rosenthal said the Commission may only approve or disapprove zoning and that they may not put conditions on zonings. +1rr Commission member Swickerath asked if the Commission could approve a R -1 -AA zoning for the perimeter of the parcel and a R -1 -A for the internal lots and Attorney Rosenthal said that would be permissible if the applicant changed his request to specifically ask for those zonings. Director of Planning Behrens said staff recommended that the Tom West parcel be zoned R -1 -A and that the Terry and Tibet parcels be zoned R -1 -AA. Bill Fogle said he would like to have received approval for R -1 -A on the entire site, but that his client would go along with this if it was the pleasure of the Planning and Zoning Commission. Commission member Swickerath suggested again that he would be in favor of the perimeter lots being R -1 -AA (if adjacent to an existing R -1 -AA lot) and the remainder of the lots R -1 -A. Commission member Weeks said his preference would be staff's recommendation, Commission member Bond said she also was in favor of staff's recommendation, and Vice Chairman Linebarier said he liked the idea presented by Commission member Swickerath. Alternate member Rhodus said by delineating the lots as Commission member Swickerath suggested, it would only promote possible future problems when the new R -1 -AA lot owners may resent having their lots beside R -1 -A lots. She said for that reason, she preferred Page 10 Planning and Zoning Commission Meeting r October 10, 1990 the staff's recommendation. Chairman Sims said he preferred Commission member Swickerath's alternative and said that that made it a split decision of the Commission based on this straw vote. Bill Fogle said his client would agree to a more restrictive recommendation. City Attorney Rosenthal said for the record that the Tom West petition would be voted on as submitted. Vice Chairman Linebarier moved to recommend approval of the original staff recommendation, Commission member Weeks seconded, and approval was unanimous. City Attorney Rosenthal asked Mr. Fogle to state for the record whether the applicant was changing the zoning request on the Terry parcel from R -1 -A to R -1 -AA and Mr. Fogle said that he was. Director of Planning Behrens read into the record the revised staff recommendation. Vice Chairman Linebarier moved to recommend approval of the staff recommendation, Commission member Bond seconded, and approval was unanimous. City Attorney Rosenthal again asked Mr. Fogle to state for the record what the petitioner's request for zoning was on the Tibet application and Mr. Fogle replied that they were requesting R -1- AA. Director of Planning Behrens read the revised staff recommendation into the record. Vice Chairman Linebarier moved to approve the staff recommendation, Commission member Bond seconded, and approval was unanimous. Case 1 -14 R -90: GEYS Director of Planning Behrens read the staff report in its entirety and explained that this petition and the DABI petition went hand - in -hand. Louis Geys, President of Wescar, Inc., said he filed both petitions and would like to discuss them simultaneously because they are interrelated. Mr. Geys said the reason for the rezoning of the P -S parcel was to combine it with the other C -2 parcel located on the corner of Silver Star and Clark Roads to get more depth to the existing C -2 parcel to make it more marketable for a shopping center site. He said it still may get developed as professional services, but when he is proposing development to potential major tenants, it gives him more flexibility. There was some discussion about what adjacent property was zoned as and it was pointed out that there is an existing radio station to the south of the Geys parcel. Mr. Geys pointed out that the other piece (the Dabi Case) was a result of a roadway realignment on the road that is shared by both Lake Olympia Club and the Pulte development to the west. Page 11 Planning and Zoning Commission Meeting �Ir October 10, 1990 Vice Chairman Linebarier asked if the rezoning of the Dabi parcel went along with the Clark Road Development Committee recommendation for development of that area. Mr. Geys said it did because the Committee wanted quality growth and to attract an anchor of a certain stature. Commission member Swickerath asked how the site would be accessed and Mr. Geys said the buildings would face Silver Star Road and there would be access to the shopping center from both Silver Star Road and Clark Road. Vice Chairman Linebarier moved to recommend acceptance of the staff recommendation as outlined in the staff report for the Geys case, Commission member Weeks seconded, and approval was unanimous. Case 1 -13 R -90: DABI Director of Planning Behrens read the staff report in its entirety. Vice Chairman Linebarier asked about the retention that was originally slated for this area and where that pond would now be located. Louis Geys, President of Wescar, Inc., said the retention for that parcel as well as the other C -2 property would be rlr specifically outlined when a formal plan was issued to the City. Commission member Swickerath said he remembered that when this property was originally annexed, its only access was supposed to be from the shared roadway with Pulte. Mr. Geys said that was not true. He said that the shared roadway was supposed to provide a secondary access. Vice Chairman Linebarier moved to recommend approval of the staff recommendation as outlined in the staff report, Commission member Weeks seconded, and approval was unanimous. Case 1 -28 R -90: ZOM 50 Director of Planning Behrens read the staff report in its entirety. Dave Outlaw, representing the developer, said he was at the meeting to answer any questions. Chairman Sims asked what the difference was between remaining part of the PUD or rezoning the property to C -2. Director of Planning Behrens said the PUD - Commercial ties this developer to the Silver Glen development. Dave Outlaw explained that when marketing the property, the C -2 zoning allows for more site specific uses and in another regard it is consistent with the other corners of Silver Star and Clark Roads that are in the City. Director of Planning Behrens read from the PUD ordinance regarding commercial development. Commission member Swickerath said he believed the property should remain a part of the PUD and that the Page 12 Planning and Zoning Commission Meeting oirr October 10, 1990 PUD had already received an additional curb cut when US Home sold this property to ZOM. Commission member Swickerath said the PUD zoning would actually allow for more quality growth than the C -2 zoning because with the C -2 zoning the current owner can market the property as a separate and distinct parcel but under the PUD zoning, the current owner would have to work with whom ever would be the end user and this would be more beneficial to the City. Mr. Outlaw said flexibility was not really the issue because the site was too small to be too flexible. He explained too that the Clark Road Development Committee was in the process of setting additional development criteria that it was going to try to stress for this area and that in this regard, he would like to be on the same playing field as the other commercial parcels in the area. Director of Planning Behrens asked how many curb cuts the property would have and Mr. Outlaw said there would be one on Silver Star Road and one on Clark Road. Director of Planning Behrens said he disagreed with Commission member Swickerath and thought that the C -2 zoning would allow for $11•1r. more control by the City than would the PUD zoning. Vice Chairman Linebarier moved to recommend approval of the staff recommendation as outlined in the staff report, Commission member Bond seconded, and the motion passed 5 -1 with Commission member Swickerath opposed. Case 1 -24 R -90: LIESRE Director of Planning Behrens read the staff report in its entirety. There was brief discussion on the zoning of the adjacent properties. Commission member Bond moved to recommend approval of the staff recommendation as outlined in the staff report, Commission member Swickerath seconded, and approval was unanimous. (The motion passed 5 -0; Vice Chairman Linebarier was out of the room when the vote was taken.) Case 1 -12 AR -90: SUTTON Director of Planning Behrens read the staff report in its entirety. There was a brief discussion about the zoning of the adjacent properties. Director Behrens explained that this annexation would reduce an existing enclave. Commission member Bond moved to recommend approval of the staff recommendation as outlined in the staff report, Alternate member $kw Rhodus seconded, and approval was unanimous. Page 13 Planning and Zoning Commission Meeting Orr► October 10, 1990 Case 1 -15 R -90: SILVESTRI Director of Planning Behrens read the staff report in its entirety. Director Behrens said staff had asked the developer to reduce the commercial from 180,000 square feet to 120,000 square feet which the developer did. He said they arrived at the zonings by looking at the overall Clark Road corridor and making sure that there was some neighborhood commercial zoning every so often to allow for smaller grocery stores, etc. to alleviate having to drive a long distance for every day needs. Director Behrens said staff believed this neighborhood commercial would blend well with the residential property along the corridor. Director Behrens said this property was originally slated to be developed entirely as residential under the PUD but that this piece was taken out of the PUD. Vice Chairman Linebarier said he remembers discussions when this property originally was annexed into the City that this property was to be treated as Phase III of the PUD and he remembers it being part of the land use plan that was originally submitted on the PUD. Director Behrens and Scott Henderson, the property owner's representative, both said they had done extensive research and can not find anything that shows the land use plan including this property. City Attorney Rosenthal said from a legal standpoint the City would be pleased to have the zoning clarified at this time so that there would be an accurate record of how the City wanted to proceed with this area. Vice Chairman Linebarier asked if there was any kind of an agreement with this developer on the building of Clark Road and Director Behrens said that the developer has agreed to build Clark Road as a four -lane roadway from A.D. Mims Road north 1,000 feet. He said then the developer has the option to narrow to a two -lane road to the northern end of the Prairie Lake PUD. City Attorney Rosenthal said the developer has agreed to dedicate the right -of- way along Clark Road. Commission member Swickerath said he objected to the commercial zoning because he believed the original intent of Clark Road was to concentrate the commercial zoning in certain areas and then keep the turning movements to a minimum along the rest of the roadway in order to keep the traffic flowing. He thought the commercial parcels were becoming too widespread. Page 14 Planning and Zoning Commission Meeting October 10, 1990 Commission member Weeks moved to recommend approval of the staff recommendation as outlined in the staff report, Alternate member Rhodus seconded, and the vote was split 3 -3 with Chairman Sims also voting for the motion and Vice Chairman Linebarier and Commission members Bond and Swickerath all opposed. City Attorney Rosenthal said for clarification purposes that the Silvestri petition would be forwarded to the City Commission without a recommendation from the Planning and Zoning Commission due to the split vote. Vice Chairman Linebarier emphasized that he wanted the City Commission to know that there was a vote taken and that it was a split vote. Case 1 -29 A -90: KENJEN SOUTH and Case 1 -30 A -90: KENJEN NORTH Director of Planning Behrens said both these cases would be discussed simultaneously but that the Planning and Zoning Commission would vote on them separately. Director of Planning Behrens read both staff reports in their entirety. He explained the City had had discussions with Orange County on both parcels for some time now but more than a year had Stilw passed and little progress had been made insofar as amending the Joint Planning Area. Director Behrens said the City wanted to be able to complete Clark Road to Clarcona -Ocoee Road and that these parcels were needed in order to do so. Lynn Walker Wright, attorney for Asma & Wright, representing the property owner, said the City denied the annexation requests the previous year "without prejudice" because at the time the City wanted to work with Orange County to extend the Joint Planning Area before it annexed the land. Ms. Wright said the petitioner was again requesting annexation and said although it was still outside the Joint Planning Area boundary, the property was contiguous to other property in the City, and it made sense to have the property in the City especially with the new Clark Road expansion slated to be built all the way north to Clarcona -Ocoee Road. Ms. Wright said the discussions with Orange County had not really materialized. She also added that services are available through the City in this area but that at this time they are not looking to develop and are not even asking for zoning. Robert Wiegers, Senior Planner with Orange County, said because the KENJEN SOUTH property is not within the Joint Planning Area for Ocoee, the County would like to see the City hold off on annexing the property until a decision is made on amending the Joint Planning Area. Mr. Wiegers said in this case the County would not have a problem on the annexation as far as it being contiguous. Page 15 Planning and Zoning Commission Meeting i1r October 10, 1990 He did say, however, that the County would object to the KENJEN NORTH property annexation since that property is not part of the area under discussion with Orange County for the extension of the Joint Planning Area. Vice Chairman Linebarier said he is opposed to the annexations at this time for the same reason as the other cases where the property is outside the Joint Planning Area but that he wanted to go on record as saying that he was upset that the County was dragging its feet and almost forcing the City to take action before the Joint Planning Area is amended. Dennis Phipps said he wanted to voice opposition to the annexations for the same reasoning. He said he would like to see the KENJEN SOUTH parcel put on hold until a decision is reached on the Joint Planning Area. He said the Clarcona Improvement Association is opposed to the annexation for any reason of the KENJEN NORTH property because it is within the rural village of Clarcona. Commission member Swickerath moved to recommend approval of the staff recommendation for the KENJEN SOUTH parcel as outlined in the staff report and Commission member Bond seconded. Vice Chairman Linebarier voiced his same objection to the annexation, it being outside the Joint Planning Area at this time. The motion carried 5 -1 with Vice Chairman Linebarier opposed. Commission member Swickerath moved to recommend approval of the staff recommendation for the KENJEN NORTH parcel as outlined in the staff report and Commission member Bond seconded. Vice Chairman Linebarier voiced his same objection as with the KENJEN SOUTH parcel. The motion carried 5 -1 with Vice Chairman Linebarier opposed. OTHER BUSINESS Commission member Swickerath said the City Commission had recently voted to rename Clark Road to "Ocoee Boulevard" but that it was later determined that Clark Road was named after Arthur Clark, the first mayor of Ocoee. He said he would like the Planning and Zoning Commission to formally recommend to the City Commission to reconsider changing the name of the roadway. City Attorney Rosenthal asked Commission member Swickerath if there was another roadway perhaps that could be renamed Clark Road and that the City Commission had renamed the road to Ocoee Boulevard because they felt by using the word "Ocoee ", it would increase visibility. Page 16 Planning and Zoning Commission Meeting �rr October 10, 1990 Commission member Weeks said he thought it was a good idea to remember Arthur Clark in some way, but that this was going to be a major roadway and he agreed with the City Commission that Ocoee Boulevard was better for name recognition for the City. There being no other members who wanted to make such a recommendation to the City Commission, Commission member Swickerath withdrew his motion. Chairman Sims thanked the Planning and Zoning Commission members and the staff for all their efforts in the two long meetings they had on these annexations and rezonings. ADJOURNMENT: 11:50 a.m. ATTEST: 'E• TY CLE RESNIK