02-08-1994 MINUTES OF THE PLANNING AND ZONING COMNIISSION
aw REGULAR MEETING
HELD TUESDAY, FEBRUARY 8, 1994
CALL TO ORDER
The meeting was called to order by Acting Chairman Switzer at 7:30 p.m. followed by a
moment of silent meditation and the pledge of allegiance.
The determination of a quorum was made.
PRESENT: Acting Chairman Switzer, Members Bond, Jones, Landefeld, Miller, Rhodus,
Swickerath, Alternates Draia and McKey. Also present were Planning Director
Wagner, Deputy Clerk King, and Clerk/Stenographer Lewis.
ABSENT: None
CONSENT AGENDA
Minutes of the Regular Planning and Zoning Commission Meeting of November 9, 1993.
Member Landefeld seconded b Member Jones moved to a • trove the Minutes as s resented.
The motion carried 6 -0 with one abstention. Member Swickerath did not vote as he was not
present at the November 9 meeting.
NEW BUSINESS
PRAIRIE LAKE SUBDIVISION, PHASE I & II (Public Hearing)
PRELIMINARY SUBDIVISION PLANS, PROJECT NO. 92 -002
Prairie Lake Subdivision is a 58.09 acre single family subdivision located east of Clarke Road
extended, approximately 1/4 mile south of Clarcona -Ocoee Road. The project consists of 193
lots at a gross density of 3.3 D.U. /Acre. Zoning is R -1 -A which requires a minimum 8,000 s.f.
lot size with a minimum 70 foot frontage.
Jack Wolf, Consulting Engineer of Harling Locklin & Associates, Inc., gave a presentation of
the proposed Prairie Lake Subdivision, explaining the firm had a long history with the City of
Ocoee, the staff and the DRC, and the plans meet all the regulations of the City. Mr. Wolf said
he would answer any questions. Chairman Switzer pointed out the Commission reserved the
right to call him to the podium if necessary.
The public hearing was opened.
Mr. R. M. Scott, Sr., 9000 Clarcona -Ocoee Rd., Orlando, Florida 32854 -7942, owner of 30
acres adjacent to the Prairie Lake Subdivision, requested consideration of building a privacy
fence and a "stub road" connecting Street "H" from the Sawmill Subdivision. Mr. Richard
A. Ring, 5118 Log Wagon Road, Orlando, Florida 32818, questioned whether the plan's 20 ft.
buffer included only the perimeter of the entire subdivision. He asked if the buffer area could
t,,,,. be expanded, adding he had no objection to the subdivision but wanted the trees protected.
Planning and Zoning Commission Regular Meeting
February 8, 1994
Planning Director Wagner pointed out the City had a Tree Protection Ordinance protecting
trees and also said the developer is assuring preservation of trees. Clarification may be
necessary concerning individual building permits for the 113 ft. deep lots that might intrude into
the buffer areas. Chairman Switzer asked if the City required permits for cutting down trees
and Mr. Wagner said his approval was required, responding that any tree over 24" inches in
diameter is identified and reviewed on the final plans.
Mr. Art Nave, 5110 Log Wagon Road, Orlando, Florida 32818, said he had walked the planned
subdivision and was concerned for the 100 year old oak trees, pointing out he was not against
growth and had lived in Florida all his life, and asked if the commission would consider more
space as a buffer. Mr. Wolf said the 20 ft. buffer is adequate and he had worked with the City
on the project. Mr. Swickerath pointed out 20 ft. is above and beyond the developers' criteria.
Mr. Nave asked if the same restrictions applying to this developer will apply to any subsequent
developer, and Chairman Switzer confirmed the restrictions will be the same for everyone.
In response to Mr. Switzer's question about a tree survey, Mr. Wagner said the Ordinance
provides that a tree survey is required, but that a large scale aerial is acceptable for the survey
as opposed to literally going on site to tag and identify every tree. The Ordinance technically
doesn't require a detailed survey until a developer comes in for a building permit. Member
Bond questioned the "after the fact" check on the tree approval. Mr. Wagner said the plans
require an indication of tree locations to be included on the final engineering plans. Member
Swickerath said the development issue is tree preservation, that the road and building pad is not
protected in the Arbor Ordinance. Many old trees in the area may not last eight to ten more
years, and only a tree surgeon could identify those that are healthy and suggest trees to be saved.
He also said developers are usually sensitive to the aesthetic and market value in keeping the
trees and want to sell the trees to the builders and clients.
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, questioned the buffer area and said the tree
ordinance should include a clear path for future use.
The public hearing was closed.
Planning Director Wagner explained the Scott property is located in the NE corner near the
Phase I and II line and suggested that the 20 ft. buffer with trees and a "stub" road would satisfy
the Scott's concerns. Member Bond said her heart is always with the property owners and
envied people who live in the country, pointing out the City needs to be a good neighbor.
Member Jones questioned lots 144 -130 with the 20 ft. buffer asking if the back of the house
would be 45 ft. from the property line. Member Swickerath said the minimum 20 ft. for a rear
yard offered no opportunity to put in a pool. Mr. Wagner said that the property owner could
go within 25 ft. of the rear property line, but 20 ft. would be left protected. Member Rhodes
asked about house size and Mr. Wagner responded, saying 1200 s. f. was the minimum
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Planning and Zoning Commission Regular Meeting
February 8, 1994
allowed, but that most homes are going from 1,400 to 1,500 s. f.
The public hearing was opened again.
Mr. Nave asked for the trees to be saved in the center of the project and requested a delay in
the decision until a later date. Member Swickerath said the developer monies are on hold and
that they needed approval of the Board to go forward.
The public hearing was closed.
Member Swickerath, seconded by Member Bond, moved to recommend to the Board of City
Commissioners approval of the Preliminary Subdivision Plan of Prairie Lake Subdivision (Phase
I and II) as revised on January 17, 1994, (as recommended by staff and unanimously approved
by the DRC on January 19, 1994,) with the stipulation to include a 20 ft. conservation buffer
on the north and east . ro . ert boundaries includin' a clarification of Note 3 to reflect this
provision. Motion carried 7 -0.
OLD BUSINESS
There was no old business at this time.
tk "' OTHER BUSINESS
ELECTION OF OFFICERS
Member Swickerath said Mr. Switzer had done an excellent job as chairman. Member
Swickerath seconded by Member Bond, moved to nominate Mr. Switzer as chairperson to
the Planning and Zoning Commission Board for a one year term and moved to close the
nomination. Motion carried 7 -0.
Member Swickerath, seconded by Chairman Switzer, moved to nominate Member Bond as
vice -chai s erson of the Plannin . and Zonin . Commission Board for a one ear term and moved
to close the nomination. Motion carried 7 -0.
COMMENTS
Planning Director Wagner informed the Board of the Special Meeting for the Local Planning
Agency (P /Z Commission) scheduled for 7:30 p.m., February 24, 1994 in the Community
Center to consider proposed amendments to elements of the Ocoee Comprehensive Plan,
including Future Land Use, Traffic Circulation, Recreation and Open Space, Capital
Improvements, and Appendices, and said the Board will be receiving a packet of complete
elements of the Comprehensive Plan with strike through /highlight format showing exactly what
was in the plan and the proposed changes. He said the new Elms Legislation has given the
City some flexibility under concurrency and that Ocoee had a fairly restrictive concurrency
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Planning and Zoning Commission Regular Meeting
February 8, 1994
management system as it related to transportation, more so than most local governments and,
because of this, there are situations where some development cannot go ahead because of the
way the City is counting vested trips. This change basically gives flexibility to the system so
that where the City has capacity available they may proceed with development. As it relates to
parks, the changes better define specific standards for park land and modify a lot of
requirements for specific facilities such as the number of ball fields, basketball hoops, etc. by
taking them out of the concurrency management system. These changes need to be made
quickly in order to process them before the DRI review process begins.
Mr. Wagner also informed the Board of a tentative special meeting on the Lake Lotta Mall and
Lake Lotta Center scheduled for Thursday, April 7, 1994 to discuss the amendments to the
Comprehensive Plan. The Comprehensive Plan Amendments for the DRI's are called "exempt"
Comprehensive Plan Amendments and do not apply against the City's twice a year requirements.
A special meeting with nothing else on the agenda but those two items is warranted as there is
a lot of information to be presented particularly as it relates to transportation. As an update to
the DRI process, the developers have cut off the sufficiency period which means they have asked
the Regional Planning Commission to issue its report. The City will receive this report by the
RPC on March 16, 1994 by law. The review schedule will then be up to the City to determine.
Mr. Wagner said those who are interested in the DRI should give his office a call and a copy
will be made available for their review.
A color map of the Joint Planning Area Agreement was passed around and Mr. Wagner
explained recent negotiations with Orange County. He said this was a very lengthy process to
resolve in determining the boundaries of the City of Ocoee's growth and the land uses for
properties that are within Orange County presently but that may annex into the City of Ocoee.
As long as those properties annex in under the land uses delineated on the map the County has
basically indicated they will have no problem as long as it is a legal annexation. Member
Swickerath asked if the proposed land uses were consistent with the Comprehensive Plan of the
City and if the City and the staff had agreed to the settlement without input from the Local
Planning Authority. Mr. Wagner said the City Commission and the Orange County
Commission have already adopted the agreement and the Joint Planning Area Agreement map.
He also explained that the Planning and Zoning Commission would be involved in the approval
process for the next Comprehensive Plan Amendment for the year which will be for the Joint
Planning Area Agreement with the County. If there are any disputes boundary wise over
annexation or with changes to land uses, the issue would go before a Joint Planning Committee
for approval. Member Swickerath asked if this was true even after the annexation had occurred
and asked why the City agreed to the settlement. Mr. Wagner said the City received more in
the agreement than it might have gotten without a lawsuit, and he pointed out major issues that
had been wanted from the agreement. He also said the City of Ocoee in this agreement gave
up some of its home rule powers but it was a trade off to get more positive benefits and it also
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Planning and Zoning Commission Regular Meeting
February 8, 1994
identifies specific utility areas. Mr. Wagner said the Comprehensive Plan Amendment for the
Joint Planning Area will also include an update to correct other sections of the Comprehensive
Plan of the City.
Planning Director Wagner presented statistics from the 1993 Florida Estimates of Population
which ranked selected cities by rate of population change from 1990 to 1993. He said Ocoee
was number nine of 100 cities, growing 28 percent per year. He pointed out that Ocoee was
number 23 of 100 in the rank of selected cities by numerical population change from 1990 to
1993, and that Ocoee was a very fast growing city compared to cities even such as Tampa and
St. Petersburg.
Member Rhodes said that she had been on the Board for 4 -5 years and throughout this time had
heard a lot of people making comments. She had learned a lot as a member of the Board
including how government works but expressed concern over how alternate members were
treated. Member Bond said that as an Alternate she had sat in the audience without speaking,
and was asked to sit at the table only when a full member was absent.
ADJOURNMENT
The meeting adjourned at 9:06 p.m.
2 ter"
i A D MIt aairman
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ELLEN KING, Deputy Cl
DIE LEWIS, rk /Stenographer
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