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P & Z - 05/29/2002 THE MINUTES OF THE PLANNING AND ZONING COMMISSION "r REGULAR MEETING HELD WEDNESDAY, MAY 29, 2002 CALL TO ORDER Chairman Bond called the meeting to order at 7:08 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Bond, Members Keller, Landefeld, McKey, Riffe and West. Also present were Planning Director Wagner, Principal Planner Foltz, Senior Planner Grimms, Chief Assistant City Attorney Cookson and Deputy City Clerk Green. ABSENT: Vice Chairman Golden (out of town), Member Rhodus (out of town) and Member Miller (ill). CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, May 14, 2002. Niftw- Member Landefeld, seconded by Member Keller, moved to ass . - 1- u ' i . - . - May 14, 2002, Planning and Zoning Commission meeting. Motion carried 6 -0. NEW BUSINESS ACJR INVESTMENTS, INC. (MAGUIRE ROAD SELF STORAGE) PUBLIC HEARING ANNEXATION PETITION - CASE NUMBER AX- 2001 -07 -02 Principal Planner Foltz presented the staff report recommending approval of the proposed annexation petition submitted by ACJR Investments, Inc. The subject property is a 4.92 acre parcel located one block north of Roberson Road on the west side of Maguire Road. The parcel will be developed in three phases and is vacant except for miniwarehouses in Phase 1. The applicant has requested an Ocoee Land Use Designation of Commercial and a Zoning classification of PUD, and has submitted applications for the Land Use and Zoning per a pre- annexation agreement approved on April 16, 2002. Mr. Foltz explained that a portion of the property has been developed under County — approved development plans that have been modified by the City. The pre- annexation agreement provides that development of the property may continue under these modified plans, with the stipulation that applications for appropriate Land Use, Zoning and JPA amendments are voluntarily petitioned; and those applications have been received for it Planning and Zoning Commission Regular Meeting Nor May 29, 2002 processing by the City. Staff finds the requested annexation to be consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. On May 13, 2002, the DRC considered the petition and unanimously recommended approval of the requested annexation and that the applicant be advised of a potential 100 - year flood plain issue with Phases 2 and 3. The public hearing was opened. As no one wished to speak, the public hearing was closed. Member Riffe supported the annexation but expressed concern about the zoning. Planning Director Wagner explained the hybrid nature of this project. The developer began the project in Orange County and was approved in Orange County for all three phases. It is City policy not to provide sewer and water to properties unless they annex into the City. If property is developed in Orange County and then connects to Ocoee sewer and water, all the other impact fees (i.e. transportation, police, fire, parks) would go to Orange County, which would be a huge financial impact. So the City has been very diligent in refusing to annex properties once they have begun development in Orange County. In this particular case, the developer wanted to annex in order to have City *446.- to avoid building a large water tank that they would need for fire protection. The pre- annexation agreement provides that the applicant will pay up front the impact fees that would otherwise have been paid to the City for that portion of the property that has already been built in Orange County. Anything further that is built, they will pay impact fees as they complete the project. The project does not meet fully Ocoee's development standards. It does not meet Ocoee's current zoning, but it does meet current zoning in the County. So the choices are to allow it to develop in the County as planned or to annex and have some City control and receive impact fees. Member Riffe said the project did not meet PUD zoning requirements, was spot zoning, and expressed concern about the adjacent residential neighborhood. She asked if it would be brought in as approved by the County or if additional buffering would be required. Mr. Wagner said if the City annexes the parcel, it needed to be consistent with Ocoee's land use and zoning. He said PUD zoning was a vehicle to protect the surrounding area, and that Staff had requested additional landscaping. Member Riffe said she supports annexing the parcels adjacent to the City because it is very important for the City to have jurisdiction over them. She said she wishes the City had more control over the design aspect. `'' 2 Planning and Zoning Commission Regular Meeting May 29, 2002 Chairman Bond asked if there were some instrument to allow the City to have more control over property that has already been approved through Orange County. Mr. Wagner said the City has no review of anything built in the County. When they wish to annex into the City we would do exactly what we are doing with this property. He said Staff would try to bring the property in as much into conformance as we can with our Code, but it is all very site specific. He said, more importantly, all those impact fees paid to the County must, basically, be paid over again to the City. So the message going out is it makes a lot more sense to come into the City in the first place. In response to a question by Member McKey, Mr. Wagner said the Commission adopted a sewer and water policy that affects property in the City. It has a number of criteria, providing, in simplistic terms, that contiguous properties must annex in order to receive sewer and water service. Owners seeking water and sewer service for property that is not contiguous sign an agreement to annex in the future when their property is contiguous. Member Riffe asked why PUD zoning was requested instead of straight zoning. Mr. Wagner explained the use is not allowed under the City's current "Professional Services" Land Use and the only "straight" Commercial Zoning under which the use is allowed is C -3 (Heavy Commercial); thus, PUD Zoning affords the City more control for the future. Member Landefeld said he does not like having another self - storage building, but said that, all in all, it was a good deal. Member Keller said his concerns had been addressed and he was primarily concerned about the zoning. Member West supported approval of the annexation petition. He said the builder does nice work, and the landscaping was adequate. As had been recommended by Staff, Member Landefeld, seconded by Member Keller, moved that Planning and Zoning Commission recommend approval of the ACJR Investments, Inc. Annexation, Case Number AX- 2001- 07 -02. Motion carried 6 -0. GLAD TIDINGS ASSEMBLY OF GOD CHURCH PUBLIC HEARING ANNEXATION AND INITIAL ZONING PETITION - CASE NUMBER AR- 02 -03 -01 Senior Planner Grimms presented the staff report recommending approval of the annexation and initial zoning petition submitted by Glad Tidings Assembly of God ' 3 Planning and Zoning Commission Regular Meeting May 29, 2002 Church. The subject parcel is vacant pastureland with a few trees on approximately 9.2 acres located on the north side of Fullers Cross Road approximately 700 feet east of the intersection of Ocoee - Apopka Road and Fullers Cross Road. The property lies within the Ocoee - Orange County Joint Planning Area and is contiguous to the City limits along its south, west and east boundaries. The requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. Orange County has been notified of the petition and the City has received no comments. Staff has determined that the City can adequately provide urban services to the subject property. Presently the property is designated "Low Density Residential" (< 4 DUA/AC) on the JPA Land Use Map. The applicant has requested an initial zoning designation to the subject property of R -1A, "Single Family Dwelling District," and the requested zoning is compatible with the Future Land Use designation. The requested zoning of R -1A allows churches as Special Exceptions. The applicant has applied for a Special Exception for both a church and a school, which is also allowed as a Special Exception. On May 13, 2002, the DRC reviewed the request for annexation and initial zoning and voted unanimously to recommend approval. __ Staff recommends approval of the Annexation and Initial Zoning to R -1A "Single Family Dwelling District," subject to execution of an Annexation and Initial Zoning Hold Harmless Agreement, which has been provided by the Applicant. The public hearing was opened. As no one wished to speak, the public hearing was closed. Member West asked when they planned to build and if they would be allowed to develop without sewer. He said he thought it was the policy of the City not to allow new development without sewer. Mr. Wagner confirmed that the parcel was within the City's utility service area. Water service adjoins the site, but sanitary sewer is not available and none was planned. The site would be served by septic tank, and that would be approved through Orange County Health Department, not the City of Ocoee. Mr. Wagner said the City Commission would prefer not to allow new development without sewer, but there are certain areas of the City where sewer is not available. Member West asked if they would be required to hook up at such time as there was sewer available. Mr. Wagner said not as far as he knew at this time. He said costs to extend sewer to a new area were astounding and costs to go into an existing area costs were really phenomenal. He does not expect at any time in the foreseeable future that the City would extend sewer to the existing areas. Based on *4 4.•• 4 Planning and Zoning Commission Regular Meeting May 29, 2002 a recent meeting, this is probably one of the last areas to which the City would extend sewer. He said the City Engineer estimated it would cost $4M to extend a trunk line to this area. Chairman Bond expressed concern about having a school on septic tank. Mr. Wagner said when they come in for a development permit, there would be a concurrency review. One of the items of concurrency is to assure that they have adequate sewer and water. First, is there enough water to fight a fire, secondly, is there enough sewage capacity to handle that kind of a load. The sewage capacity is left to Orange County, as the City does not have jurisdiction. If they say no, the project would have to be scaled back. Member McKey suggested there should be a requirement that when and if a sewage system is available at some future date, it should mandatory that they connect. This would help offset some of the cost in the future. It will make it a better place all around because as development occurs and more properties are closer together, septic systems are not the best way to go. Can we do something to make this part of the agreement that when and if a sewage system is in place, that it be mandatory that they connect. Assistant City Attorney Cookson said the City could make that a requirement or a Condition of Approval on the Plan and the Development Agreement, but it would need to _,, be required uniformly through the City. He said that was a policy decision directed to the Staff from the City Commission. Member Riffe expressed concern that it would be penalizing an applicant to require connection to sewage system after having incurred costs to install the septic system. Member McKey said this is just progress. He said requiring those on septic systems to connect to sewer line when it becomes available is a widely accepted practice around the Country. . He said mandatory connection is usually charged to the owner of the property. He suggested the board might wish to ask the City Commission to consider mandatory connection and apply it Citywide. Chairman Bond recalled costs for sewer connections for Pioneer Key having been charged on tax bills over a number of years. Mr. Wagner said charges to extend sewer or water or any improvements could be done under a special assessment or an MSTU extending the payments over several years. He said this was not a matter for an individual annexation but was a subject of a policy that would apply across the board. Mr. Wagner said that it is a very complex issue, financially and legally, and the City Commission was well aware of it. Mr. Wagner said the City Manager is planning to organize a workshop with the City Commission to talk about policies such as this. err 5 Planning and Zoning Commission Regular Meeting May 29, 2002 As had been recommended by Staff, u R • • - • , . - . • �� „ , • , , , • • • - . h. 'l.n in. ,n• Zs ' • • i• r- • - • •r•v.1 of th- 1.. Ti.in's Assembl of God Church. Case Number AR- 02- 03 -11. Annexation and Initial Zonin:, to R -1A "Single Family Dwelling District " subiect to - xecution of the required Annexation and Initial Zoning and Hold Harmless Agreement. Motion carried 6 -0. GLAD TIDINGS ASSEMBLY OF GOD CHURCH PUBLIC HEARING SPECIAL EXCEPTION PETITION - CASE NUMBER 1 -1SE -2002 Senior Planner Grimms presented the staff report for the Special Exception (SE) request to permit a church to be built within an R -1A "Single Family Dwelling District." The subject property is a 9.2 acre vacant parcel located on the north side of Fullers Cross Road approximately 700 feet east of the intersection of Ocoee - Apopka Road and Fullers Cross Road. The applicant's application for a SE for a church was later amended to add a school as a permissible use, which is also allowed by special exception in R -1A zoning. Mr. Grimms said it should be noted that the Ocoee Transportation Master Plan — Final Report indicates that Fullers Cross Road will be widened. The property owner, as a condition of the special exception, should be required to dedicate 20 feet for future road widening. On May 13, 2002, the DRC voted unanimously to recommend approval of the SE with two conditions: 1) That the property owner dedicate 20 feet of the property for future right -of -way widening; and 2) That the City Commission consider that the Coke property commercial sites be exempt from the 1,000 -foot no alcohol sales requirement. A meeting between Glad Tidings Church representatives, the City Manager, the City Attorney and Planning Staff was held on May 23, 2002. Discussions led to the additional request for a school use. Based upon the direction of the City Attorney, it was agreed at that meeting to drop as a condition of approval for the SE the DRC recommendation that the Coke property commercial sites be exempt from the 1,000 -foot no alcohol sales requirement. Also, Glad Tidings representatives sought a full left turn access into their property, and agreed to the provision of a joint driveway and cross access easement at the southwest corner of the property. Mr. Grimms concluded with Staff's recommendation that the Planning and Zoning Commission recommend approval of the SE for both a church and school subject to the property owner dedicating 20 feet for future road widening of Fullers Cross Road 6 Planning and Zoning Commission Regular Meeting May 29, 2002 including the provision of a joint driveway and cross access easement at the southwest corner of the property, prior to site plan approval. The public hearing was opened. Gary Howell, Pastor of Glad Tidings Assembly of God Church, 6720 Lumberjack Lane, thanked the board for their consideration, and said he was present to answer questions. Responding to questions by Chairman Bond, Member West and Member McKey about permitting alcohol sales within 1000 feet of the Church's property, Pastor Howell said they would have a problem with a liquor store, but would not object to a nice restaurant or a grocery store. Member Landefeld expressed concern that the property would be large enough to accommodate both the church and a school. Pastor Howell said they believe it would be adequate. Member West expressed concern about property rights when the owner of commercial property is limited in use by an adjacent owner's Noir. Assistant City Attorney Cookson said in this particular case, while he was not present at the May 23 meeting when all of this was discussed, it is his understanding that the exemption applies to the Coke property. They will not need to restrict the sale of alcohol based on this church coming in there. They would be able to develop as if there were no church or no school within 1,000 feet. Mr. Wagner explained that no attorney was present in the DRC meeting in which the condition exempting the Coke property commercial sites from the 1,000 -foot no alcohol sales requirement was recommended. In the later meeting, City Attorney Rosenthal explained that it was improper to attach that type of condition because it is a policy that applies City -wide, and that there is an adopted procedure to exempt properties from that, and basically they have to be part of a PUD which the Coke property will be, but they have to specifically act on it individually to exempt that property, or to set any kind of special conditions. He recalled the example of the PUD near Citrus Elementary at Clarke and Silver Star. A separate condition allows that developer to build certain types of restaurants that serve alcohol and grocery stores, but no liquor stores. The bottom line is the Attorney said this could not be done as part of the SE. Member West asked if the 1,000 feet is measured as the crow flies. Attorney Cookson said in Orange County it is as the crow flies, but he is not certain how it is measured in Ocoee. .► 7 Planning and Zoning Commission Regular Meeting NINow May 29, 2002 Member Riffe asked, and it was confirmed, that the alcohol exemption would be reviewed in conjunction with the Coke property, and that those who wish to object can speak at that meeting. Member McKey asked the average cost for infrastructure per unit of property, and how an entity is granted non - profit status. Member McKey suggested that costs to fund non- profit properties should be looked at, and everyone, including non - profit entities, should share at least a portion of the costs for infrastructure. Mr. Wagner said infrastructure costs are site specific and gave some examples. Attorney Cookson said the determination of designation of non - profit status was an issue to bring up with the legislature rather than with the City Council or City Staff. Mr. Wagner clarified the requirement for the road right -of -way and the joint access driveway. He said there are plans eventually to widen the roadway and, typically, the City exercises some authority at the time of annexation or, in this case in a SE, to acquire a right of way. The church does not pay any impact fees but all projects need to conform to the Comprehensive Plan. The purpose of the joint access point is they want to be sure they have full left turn access into their property now and in the future. In the May 23rd meeting Staff worked out with them a joint access driveway with the Coca -Cola commercial parcel, because Staff also wants a full access point leading into that commercial parcel. It has to be to 600 to 700 feet away from what will be a major intersection at Fullers Cross and Ocoee - Apopka. This seemed to be a win -win situation for both parties. They will initially build their half of the driveway but the City will acquire an easement and the use of the right -of -way in the future. He said he would like to clarify with the pastor that this is agreeable to him and Pastor Howell confirmed that they have agreed to it. Pastor Howell commented about the tremendous benefits that a church offers to the community and said all of their members are tax - paying citizens. He said they have been granted non - profit status by the government, which is a tremendous benefit, but also they seek to be of service to the community, to improve the Ocoee area and to have a positive impact in the City. The public hearing was closed. As had been recommended by Staff, Member West, seconded by Member Landefeld, moved that Planning and Zoning Commission recommend approval of the Special Exception Petition for Glad Tidings Assembly of God Church, Case Number 1 -1SE- Ir. 8 Planning and Zoning Commission Regular Meeting %kw May 29, 2002 2112 for .• h . h.r h an. hell .•- • h- .r• �_rt •wn-r • - •i •tin' 21 f--t for �.r fish -•f - -, a - x..n i• • _1 - r. R... in 1_ .in. th- .r•vi ion of a 'lint .riv- • no • • - - - . th - • hw- •rn-r of h- •r• •_i • it- plan approval. Motion carried 6 - 0. OLD BUSINESS None. OTHER BUSINESS None. MISCELLANEOUS Distribution of Packets /Plans to Planning and Zoning Commission Members Planning Director Wagner said they now provide full sets of plans to all the members and deliver packets to all members. He asked if members need or want or desire to continue receive full sets of plans. He explained that, in an effort to limit paper work, the City Commission has directed them to provide one full set of plans to be delivered to the Commissioners office in City Hall rather than to put one in each of their boxes. Mr. Wagner explained one option would be to have a set of plans available in the Planning Department for members to come in to look at it. Another option would be to provide two or three sheets of the main body of the plans to see the basic layout but omit the profile sections, and sewer and water details, etc. that are engineering issues more than planning issues. Or they can continue to provide complete plan sets. As to delivery of packets, he asked if members would be willing to pick up their packets at City Hall (or Police Department or Fire Department). In the discussion which ensued Member McKey and Member Keller said they would like them to be available on computer. There was general agreement that partial plans would be acceptable, but most members would find it inconvenient to pick up their packets. Member West and Member Landefeld said they would be willing to come by to pick up their packets if someone would call them to remind them to do so. Now 9 Planning and Zoning Commission Regular Meeting May 29, 2002 Mr. Wagner said, at least initially, they will try limited plan sheets with the big set available and will go ahead and keep delivering the packets and see how that works. Mr. Wagner announced public hearings for the Faraway Farms project would be on the agenda for the June 11 meeting. He stressed the significance of this project and said it is very important that members attend that meeting. He said they would probably have two meetings a month for the next several months because of all the projects in process, with the Coca Cola project expected in July. Board Reappointments Chairman Bond expressed concern about the postponement of the reappointment of a Planning and Zoning Commission member which had occurred in the May 21 City Commission meeting. While members are aware that they serve at the pleasure of the City Commission, discussion ensued about whether it would be appropriate for board members to give input about the reappointment of their members. ADJOURNMENT The meeting was adjourned at 8:37 p.m. Attest: APP : VED: k a A 1,,CUfrt I of/ Marian Green, Deputy City Clerk Pat Bond, hairman 10