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08-24-1994 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, AUGUST 24, 1994 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:32 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Members Jones, Landefeld, Swickerath, and Alternate Member McKey. Also present were Planning Director Wagner and Deputy City Clerk Green. ABSENT: Vice Chairman Bond, Members Miller and Rhodus, Alternate Member Draia. CONSENT AGENDA: None. NEW BUSINESS PUBLIC HEARINGS Case No. 1- 3SE- 94:Special Exception Amendment /St. Paul's Presbyterian Church Planning Director Wagner summarized his staff report dated August 17, 1994, and advised that staff recommended that the Planning and Zoning Commission recommend approval of the special exception to permit a temporary placement of a modular classroom building on site based on the Itaw DRC unanimous vote of August 9, 1994 to amend St. Paul's Presbyterian Church Special Exception subject to the following conditions: 1) That the amendment is subject to the same three conditions of approval of the special exception granted November 16, 1993; 2) That the site plan be administratively approved by City staff; 3) That the modular building meet all applicable building and fire safety codes; and 4) That the amendment is temporary for a one year period until permanent facilities are constructed. Chairman Switzer opened the public hearing. Bryan Stamper, Pastor of St. Paul's Presbyterian Church, was present to answer questions. In response to questions from board members, Mr. Stamper said the school was still striving to attain non - profit status, had a maximum projected student population of 190 within five years, and needed the modular building now to permit a ten to one student- teacher ratio in a good environment. Board members discussed changing the period of time in item 4 from one year to two consecutive six month periods to minimize the potential length of any future requests for additional extensions after the initial year. The public hearing was closed. Planning and Zoning Commission Regular Meeting `, August 24, 1994 Member Swickerath seconded b Member Jones moved to recommend a • 'royal of the Amendment to the St. Paul's Presbyterian Church Special Exception per staff recommendation, exce et that Item 4 would be modified to make the amendment tempora for two consecutive 6 month increments instead of for a total one year period. Motion carried 4 -0. Case No. R94 07 02:Rezoning Petition /Winter Garden Seventh Day Adventist Church Planning Director Wagner summarized his staff report of August 17, 1994 and advised that staff recommended that the Planning and Zoning Commission recommend approval for the 4.5 acre parcel owned by the Winter Garden Seventh Day Adventist Church situated at 940 Wofford Road to be rezoned from R -1AA, Single Family Dwelling District to R -2, One - Family and Two - Family Dwelling District and to be found to be consistent with the Comprehensive Plan. Chairman Switzer opened the public hearing. Ms. Rosalind Beavers, 5585 Palm Lake Circle, Orlando, was present to answer questions for Ronald Priest, pastor of the Winter Garden Seventh Day Adventist Church, who was on vacation. She said the church planned to sell the property to the Apostolic Worship Center and that the sale was conditional on the rezoning. Mrs. Cheryl Wofford Bushie, 908 Wofford Road, Ocoee, said she was not against the day care Nippy center, but was concerned about additional traffic on Wofford Road. She believed the road as presently maintained was inadequate for the current traffic. The public hearing was closed. In discussion about Wofford Road, Planning Director Wagner said that, while the County had turned over maintenance of the road to the City, there was still some question as to who actually owned it and how much of it was public right -of -way. He said the status of the road had been in question when he had been planning director eight years ago. Member Landefeld seconded b Member Jones, moved to recommend that the pro . osed rezonin . was consistent with the Com I rehensive Plan and that the 4.5 acre . arcel owned b the Winter Garden Seventh Day Adventist church situated at 940 Wofford Road would be rezoned from R -1AA Sin. le -Famil Dwellin. District to R -2 One -Famil and Two -Famil Dwellin. District. Motion carried 4 -0. Case No. 1 4SE - 94: Special Exception /Winter Garden Seventh Day Adventist Church Planning Director Wagner summarized his staff report dated August 17, 1994, and advised that, based upon DRC approval at a meeting held August 9, 1994, staff recommended that Planning and Zoning Commission recommend that the Winter Garden Seventh Day Adventist Church Application for a Special Exception to operate a school and child care facility in an R -2, %my 2 Planning and Zoning Commission Regular Meeting Now August 24, 1994 One - Family and Two - Family Dwelling District be found to be consistent with the Comprehensive Plan and recommended for approval subject to the following conditions: 1) That R -2 zoning be granted; 2) That all required fire code safety items per the Fire Department be corrected prior to issuance of an occupational license for the child care center; 3) That the total number of teachers and students utilizing the facility as a school and /or child care center be limited to a maximum of 61 individuals; 4) That a final certificate of concurrency be secured prior to issuance of an occupational license; 5) That the school and child care center be operated by the church and not a private organization; 6) That the school and child care center be licensed to meet appropriate state requirements; 7) That the potable water well and septic tank system be certified by Orange County for the approved building capacity and use; and 8) That Wofford Road be improved from S.R. 50 to the church entrance prior to issuance of an occupational license for the child care facility, with the qualification that the City determines that it has jurisdiction over this portion of the roadway and can approve any improvements thereto. Member Swickerath asked Mr. Wagner if a Special Exception granted to the Winter Garden Nosy Seventh Day Adventist Church would be transferable with the real estate. Mr. Wagner said that it was his understanding that unless there was a special condition within the Special Exception limiting it to a specific entity, the Special Exception would be limited to a specific location and would be transferable with the land. Mr. Swickerath said, while he had not approved of the conditions applied in St. Paul's original Special Exception (i.e. school was required to be a part of the church's mission/Special Exception was granted to individuals), he would not be willing to recommend to City Commission that they treat this applicant differently from any other applicant. The public hearing was opened. Ms. Rosalind Beavers, representing the Winter Garden Seventh Day Adventist Church, spoke in support of the church's application for Special Exception. Chairman Switzer explained that the City Commission had approved the St. Paul's school with the provision that it fall under the ministry of the church. He said the Planning and Zoning Commission members wanted this applicant to be aware that the precedent had already been set with St. Paul's. Frank Thompson, 2583 Ravenall Avenue, Orlando, pastor of the Apostolic Worship Center, Now 3 Planning and Zoning Commission Regular Meeting August 24, 1994 asked what was meant by the term "fall under the ministry," and asked what that would entail. Member Swickerath said the school had to be not -for profit and part of the official church ministry. Planning Director Wagner said there would have been no problem if the school had been operated by the church and not a private organization. The problem had arisen because the St. Paul school was a separate operation from the church and the issue had been that the school and church boards had been required to merge. Mr. Thompson said it was their intention that the proposed day care center would be operated by the church as a means to support both the community and the church. Member Jones said he was concerned about the improvements on Wofford Road. Mr. Thompson agreed with the need for improvements on Wofford Road and expressed concern about the burden of road improvements and future maintenance falling on the buyer or seller because they were not the primary user of the road. Mrs. Cheryl Wofford Bushie said that trucks en route to the auto auction, dump trucks, and Now cut -thru traffic from Highway 50 were the primary sources of the traffic problems on Wofford Road. She added that trucks en route to the auction regularly block her driveway. Ms. Beavers asked the board to recommend approval subject to resolving the Wofford Road issue as both churches were in agreement with the other issues and asked for the Board's help with resolving the road issue. The public hearing was closed. Chairman Switzer said it was his opinion that neither of these churches should be held totally responsible for the road improvement. He said it should be determined if the status of the road was public, private, or dedicated. He also said the auto auction should help to finance road improvements and should be contacted about blocking Mrs. Bushie's driveway. Member Landefeld suggested that heavy trucks should not be permitted to use Wofford Road as a short cut. Alternate Member McKey said the jurisdiction of road should be determined. Mr. Wagner said that Wofford Road is a larger issue in and of itself and explained the focus of the staff recommendation. \.• 4 Planning and Zoning Commission Regular Meeting fir.►. August 24, 1994 Mr. Swickerath suggested that the road be closed, changed to a drive -way, and no thru traffic permitted. Chairman Switzer, seconded by Member Jones, moved to recommend that the Winter Garden Seventh Day Adventist Church Application for a Special Exception to operate a school and child care facility in an R -2, One - Family and Two - Family Dwelling District be found to be consistent with the Comprehensive Plan and recommended for approval subject to the Items 1 thru 7 noted above, and that Item 8 be replaced and state that the Wofford road right -of -way jurisdiction be determined by the City Attorney and City Commission and that improvements to roadway be made as determined by City Commission based upon that research as a condition to issuance of the occupational license. The vote on that motion was 2 - 2, with Members Switzer and Jones voting "Aye," and Members Landefeld and Swickerath voting "No." The Commission wanted to reflect for the record that their intent was that the applicant should not bear the burden of the entire roadway improvement. RECESS 9:15 p.m. - 9:20 p.m. Project No. 94- 007:Del Guercio Estates /Preliminary /Final Subdivision Plan and Final Plat Planning Director Wagner summarized his August 17, 1994 Staff Report and said that based ',,,,, upon the unanimous vote of the DRC on August 9, 1994, staff recommended that the Planning and Zoning Commission recommend approval of the Preliminary /Final Subdivision Plan and Final Plat of Del Guercio Estates subject to the owner providing the informational items on the Plat as cited by the City Attorney in the attached memo dated August 8, 1994 prior to City Commission action. Chairman Switzer opened the public hearing. As no one wished to speak, the public hearing was closed. Board members said the plan should have included a stormwater management plan and that sidewalks should be required. They said that another curb cut on Orlando Street would be detrimental to traffic. Member Swickerath, seconded by Member Landefeld, moved to recommend that City Commission deny approval for the Preliminary /Final Subdivision Plan and Final Plat of Del Guercio Estates. Motion carried 4 - 0. In further discussion about the Wofford Road issue, Member Landefeld moved that the City Commission be given information about the road before the issue comes to them. Motion died for lack of a second. Chairman Switzer pointed out that a synopsis of their discussion tonight would be included in Mr. Wagner's staff report to Commission. lo" 5 Planning and Zoning Commission Regular Meeting * August 24, 1994 ADJOURNMENT The meeting was adjourned at 9:40 p.m. JJ 7 F ' arold witzer, h ai an Marian Green, Deputy City Clerk 6