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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 2 Vino' 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 3 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 4 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 � � . . /etA- ELLEN KING, Deputy Cl DIE LEWIS, rk /Stenographer 5