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HomeMy WebLinkAbout08-08-06 Minutes P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, AUGUST 8,2006 CALL TO ORDER Vice Chair McKey called the meeting to order at 7:01 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Vice Chair McKey, Members Campbell, Conkling, Dillard, Rhodus, and Sills. Also present were City Attorney Palmer, Community Development Director Wagner, Senior Planner Howell, and Deputy City Clerk Sibbitt. ABSENT: Chairman Golden, Members West and Morris were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, May 9, 2006. Member Campbell stated he was absent excused for the May 9, 2006, meeting but it was not reflected in the minutes. Member Rhodus, seconded bv Member Dillard moved to accept the Minutes of the Mav 9. 2006. meetina with corrections to reflect that Member Campbell was absent excused for the Mav 9. 2006. Plannina and Zonina Commission meetina, Motion carried unanimouslv. OLD BUSINESS None NEW BUSINESS Community Development Director Wagner introduced the Planning Division's newest Senior Planner, Bobby Howell. RESIDENTIAL FRONT YARD REGULATIONS Community Development Director Wagner stated one year ago concerns were brought to staff's attention regarding fence and front yard parking problems in residential areas by the City Commission. The following concerns were presented that year: canopy covered parking structures, boats, RVs, and campers parked in front yards, parked vehicles overhanging sidewalks in Planning and Zoning Commission Regular Meeting August 8, 2006 residential neighborhoods, the placement of mechanical equipment on corner lots, front yard parking, conversions of garages to living space, and fences in front and side yards. City Commission then gave staff direction as to which way they would like for them to prepare the ordinance. Community Development Director Wagner stated since that presentation staff has included several other issues of concern in residential areas in addition to the issues discussed a year ago. These include front and side yard fence requirements, corner lot building setbacks, open space requirements for single-family residential lots, and several amendments to the Code of Ordinance to ensure consistency with the proposed amendments to the Land Development Code and Code of Ordinances. Community Development Director Wagner presented exhibits and provided a description of each proposed amendment as followings: ~ Canopy covered parkinq in front of yard. . Currently Code does not allow accessory structures in front or side yard. . Accessory structures do not meet the Florida Building Code. ~ Vehicles parkinq over sidewalks. . Currently the City has an Ordinance that permits the Police Department to enforce restrictions on cars parking in the right-of-way of the street and over sidewalks. ~ Boats, Recreational Vehicles and Campers parked in front yards. . Currently the Land Development Code prohibits more than one camping or travel trailer exceeding 24-ft in length from being parked or stored for more than a 48-hour period on a residential lot if parked beyond the front yard building line. Staff is proposing to amend the Code to prohibit boats, recreational vehicles, and camping or travel trailers from parking beyond the front yard building line on a residential lot if they exceed more than 36-ft in length for more than a 48-hour period. . Additionally, language has been added to require these vehicles to be parked behind the front building setback and screened front and side with a six (6) foot opaque fence with gate. Member Campbell stated the proposed ordinance and the Florida Statute have different definitions for what constitutes a commercial vehicle. Community Development Director Wagner stated he would have the City Attorney look into this. Member Conkling inquired as to how they would make the ordinance all inclusive in case a particular vehicle type is left out. Vice Chair McKey also inquired as to how City vehicles for emergency on-call employees would fall into the ordinance. Community Development Director Wagner stated they may need to evaluate and expand the language to include certain take home vehicles. 2 Planning and Zoning Commission Regular Meeting August 8, 2006 City Attorney Palmer stated that in order to address Member Conkling's concerns, a definition of Recreational Vehicle could be put into the ordinance. ~ Parallel street parkinq in qrassed landscaped area between the sidewalk and street. · Currently, there is no provision in the Code of Ordinances prohibiting the parking of vehicles in the grassed landscaped area located between the sidewalk and street. · Staff proposes to incorporate a provision into the Code of Ordinances prohibiting the parking of vehicles in the grassed or landscaped portions of all public and private road right-of-ways, except specific roadways as noted in the proposed ordinance. ~ Placement of mechanical equipment on corner lots, . Currently, there is not a provision in the Land Development Code regarding the placement of mechanical equipment, such as air conditioning units and pool filters, for single-family dwellings located on a corner lot. When mechanical equipment is installed on the street side of corner lots, it is exposed to view from the street, and negatively impacts the aesthetic appearance of the surrounding neighborhood. . Staff proposes to include a provision in the Land Development Code requiring mechanical equipment to be placed within the interior side yard and not along any side of the dwelling facing the street. In addition, a provision is proposed to allow grandfathering from these requirements if mechanical equipment exists in the street side yard prior to the approval of this ordinance. Member Campbell inquired as to the mechanical equipments that would be grandfathered in what would happen if they had to be replaced. Community Development Director Wagner stated they could be replaced in the same place. ~ Front Yard Parkinq. . Currently, the Land Development Code requires a hard, dustless surface including gravel, mulch, or dirt for off-street parking on non- residential areas. . Staff proposes to require vehicles parked in the front yard of a single- family residential lot to be parked on a hard surfaced (asphalt, concrete, or brick) driveway or parking area. . The amendment will not change the maximum impervious area of the entire lot, but will permit the parking surface to cover up to 50% of the required front yard area. Additionally, all off-street parking on single- family residential lots will be required to include a concrete apron 3 Planning and Zoning Commission Regular Meeting August 8, 2006 between the property line and the pavement of the roadway where the parking area directly accesses the roadway, in which a permit will be required. Vice Chair McKey inquired as to when the code change for front yard parking would be applicable since there will not be any grandfathering, Community Development Director Wagner stated there are so many situations with front yard parking that they would have to first react to complaints and obvious Code Enforcement situations. Member Campbell stated in the proposed ordinance it states that, "all off-street parking areas shall include a concrete apron...n He further inquired if a person uses another form of paving other than concrete would they still need to put a concrete apron. Community Development Director Wagner stated that paragraph may need a slight clarification on its intent which is to protect the sidewalk. ~ Garaqe conversions to livinq space. . The City Commission reached a consensus to allow conversions of garages to living spaces, provided that a total of two parking spaces still remain on the property. . Staff is proposing to incorporate a provision into the Land Development Code allowing garage conversions as long as two-off set parking spaces can be provided. This provision will prohibit garage conversions if two parking spaces cannot be provided. In addition, a grandfathering provision is proposed to exempt conversions that exist as of the date of passage of the proposed ordinance. ~ Fences in front and side yards. . Currently, the Land Development Code permits fences in front yards provided they do not exceed 4-ft in height beyond the front building line, and 6-ft on any other portion of the property. . Staff is recommending to incorporate a provision into the Land Development Code allowing fences greater than 4-ft and no more than 6-ft in height within the side front yard of single-family dwelling units provided they are designed rear to rear, no garage or main entry doorways exit to the side front yard, and a minimum setback of 15-ft is maintained from the property line as long as the fence extends along no more than % the depth of the house. Additionally, staff is proposing a grandfathering provision to allow fences not meeting these requirements that are erected prior to January 1, 2000, to be considered grandfathered as legal non-conforming structures. 4 Planning and Zoning Commission Regular Meeting August 8, 2006 Member Campbell inquired as to why they eliminated hedges from the code. Community Development Director Wagner stated a hedge is not a building structure and it is virtually impossible to regulate landscaping, unless it is in the visibility triangle area. ~ Corner lot buildinq setbacks. · Currently the Land Development Code requires corner lots to maintain the required front yard building setback on both street frontages. · Staff is proposing to amend this section of the Land Development Code to allow a reduced side street building setback to 15-ft where two corner lots adjoin at the end of a block when single-family units are designed rear to rear, and where no garage or main entry doorways exit to the side front yard on the same block for new single-family dwellings. This amendment will apply only to new single-family dwellings for which building permits have been obtained after the effective date of this ordinance. Member Campbell stated this amendment would also help with the placement of mechanical equipment on corner lots allowing for the equipment to go on the other side (inside) of the yard. ~ Code of Ordinance Amendments. · In order to ensure consistency with the proposed amendments of the Land Development Code, staff is proposing an amendment to the Code of Ordinances to remove properties zoned residential from the list of properties where parking or storage of any motor vehicle is prohibited. Additionally an amendment to the Code of Ordinances is proposed to give the Community Development Department the responsibility for the enforcement of parking requirements on private property instead of the Protective Inspections Department, which has since become part of the Community Development Department. ~ Open space requirements for sinqle-family residential lots. · Recently, it has come to the attention of staff that yards of several single-family residential properties located within the City have been covered with materials such as stone, gravel, rock, and other impervious mulch materials. Since these materials are impervious, they may not absorb rainwater as well as planted material. This can eventually lead to problems with drainage that can cause flooding of the lot, and can potentially cause adverse storm water runoff to neighboring properties, In addition, there are aesthetic reasons to ensure consistency of appearance along residential avenues to maintain property values, 5 Planning and Zoning Commission Regular Meeting August 8, 2006 . Staff has proposed the addition of a provision to the Land Development Regulations prohibiting impervious material such as stone, gravel, rock, and other impervious mulch materials within the required 50% open space area for a single-family residential lot. This provision will also prohibit impervious materials other than those required for sidewalks; driveways or parking area aprons from being placed within public or private road right-of-way. Member Campbell inquired if this amendment would be grandfathered, Community Development Director Wagner stated in speaking with the Building Official they are getting different view points and it will depend on the City Commissions recommendation. Rocks in the right-of-way however, do need to be removed and the Code does also state there will be sod on residential dwelling lots. Vice Chair McKey inquired if there is anything the City is doing proactively for grass to require less water. Community Development Director Wagner stated they had a Landscape Committee a few years back look into the watering of sod and they had compared the Codes plant list to the Florida Water Wise plant list and about 85% of the plants from the Code were on that list. A brief discussion ensued regarding plants that are water tolerant and educating the community. Member Conkling inquired as to how the amendments discussed would work between the City and the private communities within the City. Community Development Director Wagner stated the City has the ability to enforce any City code on private or public property. The Code applies to whether it is a gated community or not. Regulations of streets in private communities however, do require a traffic agreement with the Police Department to enforce speeding, parking, and any other complaints related to streets. The Public Hearing was opened for the Residential Front Yard Regulations. As no one wished to speak, the Public Hearing was closed for the Residential Front Yard Regulations. Member Campbell, seconded bv Member Dillard moved to recommend approval of the proposed amendments to the Land Development Code and Code of Ordinances. Motion carried unanimouslv. 6 Planning and Zoning Commission Regular Meeting August 8, 2006 MISCELLANOUS Vice Chair Mckey inquired as to how the CRA was moving along. Community Development Director Wagner stated the CRA is in place with the County's approval and they expect to generate $400,000 next year. They will be recommending to the City Commission to pursue an overlay district for the area along the S.R. 50 corridor, which will come before the Planning and Zoning Commission for recommendation since it affects the Comprehensive Plan. Community Development Director Wagner further stated it is in the budget to hire a CRA Manager. PROJECT STATUS Community Development Director Wagner stated there will be five or six projects to review in the next couple of months, some being major projects. He further stated construction is underway with the Shoppes of Ocoee and Ashton Park town homes are going up and are sold out. Community Development Director Wagner also announced they anticipate 1900 new lots and at least 800 housing units to be built for next year. ADJOURNMENT The meeting adjourned at 8:32 p.m. Attest: nA',JuUtI Melanie Sibbitt, Deputy City Clerk APPROVED: 7