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P & Z - 06/11/2002 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY JUNE 11, 2002 CALL TO ORDER Chairman Bond called the meeting to order at 7:12 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Bond, Vice Chairman Golden, Members Keller, Landefeld, McKey, Miller, Rhodus, Riffe and West. Also present were Planning Director Wagner, Principal Planner Lewis, City Attorney Rosenthal and Deputy City Clerk Green. ABSENT: None. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Wednesday, May 29, 2002. *by �'��� �� ' • - •••-• • ►/'its i -• • .•• • h - L6 . • • h- M. 2• 112 P1.nnin' .n• Z. in. •mmi is m-- in Motion .rri-• •-0 Member McKey asked for clarification of the section on page 7 concerning the 1,000 - foot no- alcohol rule. He asked if the Glad Tidings Church goes in, if the resulting development business will be restricted to the 1,000 -foot rule. City Attorney Rosenthal said they have provided for the next City Commission meeting a memo that addresses the application of the exemption. He said, essentially, they are advising the City Commission that if they approve the Special Exception for the church or church and school, that would have the effect of prohibiting any business selling alcoholic beverages within 1,000 feet of the location. He said there is not a provision in the City Code that would allow for an exemption or allow for it to be a condition of approval. There is a limited exemption in the City Code that provides, in order to encourage the location of a school or a church, the City Commission can exempt lands within a PUD or a Special Overlay District. In this case, if there were a future issue dealing with encouragement, it would be encouragement of a business that sells alcoholic beverages, which would not be a basis under Ocoee's Code. The City Commission has the discretion now or in the future to amend the Code to allow additional exemptions to eliminate the provisions. He said he does address that the P &Z discussed in their last meeting the issue of how it would affect other properties and whether some condition could be imposed, and, at least in their opinion, they could not impose any condition or restriction. Planning and Zoning Commission Regular Meeting June 11, 2002 NEW BUSINESS WELLINGTON PLACE FINAL SUBDIVISION PLAN PROJECT NUMBER LS -2000 -015 Principal Planner Lewis presented the staff report for the proposed Final Subdivision Plan (FSP) for Wellington Place. The project will include a total of 38 single- family residential lots. The site is located at the southeast corner of the intersection of AD Mims Road and Johio Shores Road. The zoning is R -1AA which requires a minimum lot width of 75 feet and an area of 9,000 square feet. On June 3, 2002, the DRC reviewed the project. There was discussion to clarify a few minor issues presented in a staff report from the Engineering Department requesting a few minor changes. At the DRC meeting the Applicant agreed to make the necessary changes on the plans to satisfy those concerns. The Committee voted unanimously to recommend approval of the FSP, subject to making the necessary minor revisions prior to the City Commission meeting. Mr. Lewis concluded with Staff's recommendation for approval of the Final Subdivision Plan for Wellington Place; as date stamped received by the City on May 31, 2002, subject to making the necessary minor revisions prior to the City Commission meeting. Member Landefeld asked if the plan would need to be changed concerning the two points of access if the property to the east is not redeveloped as another single family subdivision as suggested in the staff report. Mr. Lewis said the plan as it stands now provides a stub out road that is only one lot deep and that is how it will remain if the anticipated redevelopment does not occur. Member Landefeld said he thought a large number of the trees on the site could be saved. Mr. Lewis said during plan review they had made provisions to save as many trees as possible. He said saving trees would be addressed during the inspection process as well, and the applicant is also committed to saving as many trees as they can. Member Landefeld said he did not see on the plan the note to be added on Sheet 7 of 14 concerning the 18" minimum separation to be maintained between the water main and force main. Mr. Lewis said the note would be added before the plan is submitted to City Commission. Member McKey asked if there should also be an elevation. Mr. Lewis said it was his understanding the note referred to an 18" separation between the two pipes, and the engineer could provide any further details about it. Randy June, of June Engineering Consultants, Inc., 71 East Church Street, Orlando, 32801, was present to answer questions. *irr 2 Planning and Zoning Commission Regular Meeting ,„ June 11, 2002 Vice Chairman Golden commended Mr. June on the tree barriers to be placed around the areas that are not to be cleared. Mr. June explained the painstaking process he follows in order to preserve trees. Vice Chairman Golden asked if there would be grates over the outlets to the retention pond for safety. Mr. June said there would be steel grates on the top of the outlets. Member McKey asked if there would be a light and an alarm on the lift station that can be seen over the fence and the shrubbery. Mr. June said it is an Orange County lift station and the County typically mounts the light at the top of the box so that it is visible. He said the light should be visible over the gate. Member McKey suggested utilizing a bridge over tree roots as an alternate to removing some trees. Mr. June said they had done that in another project and they are in favor of the practice. Member McKey asked if there would be plantings between the road and the sidewalk. Mr. June said they typically do not and they are not proposing that for this site. Member McKey asked if the road could be another foot or two wider on each side. Mr. June said they plan 24 -foot wide roads and that should be more than enough. Member McKey said it is a very good job. As had been recommended by Staff, Member Landefeld, seconded by Member Riffe, • - _ '1.,nin' . • _ • in. • ui is r - • - n, ...r•v.1 • h- Fin.l Subdivision Plan for Wellin'ton Plac , Project No. LS- 2000 -015, as date stamped r- - • - • •n M. 1 112 • - t • m.kin' h- n- - a miner r-vi ion prior to the City Commission meeting. Motion carried 9 -0. Chairman Bond announced that the board would be acting as the Local Planning Agency for consideration of the Faraway Farms items. FARAWAY FARMS /CHEVRON PUBLIC HEARING JOINT PLANNING AREA LAND USE MAP AMENDMENT LOW DENSITY /CONSERVATION TO INDUSTRIAL /CONSERVATION CASE NUMBER JPA AR- 02 -03 -01 FARAWAY FARMS /CHEVRON PUBLIC HEARING LARGE SCALE COMPREHENSIVE PLAN AMENDMENT LOW DENSITY RESIDENTIAL /CONSERVATION TO LIGHT INDUSTRIAL /CONSERVATIONS CASE NUMBER CPA -01 -002 3 Planning and Zoning Commission Regular Meeting June 11, 2002 FARAWAY FARMS /CHEVRON PUBLIC HEARING REZONING (R -1AA) SINGLE FAMILY DWELLING DISTRICT TO (I -1) RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT CASE NUMBER RZ- 01 -06 -01 Planning Director Wagner explained that the rezoning request from R -1AA to I -1 Industrial requires the amendments to the Joint Planning Area Land Use Map and the Large Scale Comprehensive Plan Future Land Use Map. Mr. Wagner said because of the size and nature of the project, the City had decided it would be expedient to use the City's planning consultant, Whit Blanton and his associate Jacob Riger, of Renaissance Planning Group. Mr. Blanton will make the formal presentation for staff. He said City Attorney Rosenthal and his staff were also heavily involved and Mr. Rosenthal will make a presentation concerning the legal issues. He said staff reports will cover all three items comprehensively, but the board will need to take three separate actions, should they choose to act on them. Mr. Wagner said the City received a letter from the developer asking for a continuance of this public hearing, and he deferred to Mr. Rosenthal to explain the legal options as far as whether or not to continue the public hearings. Nay City Attorney Rosenthal directed attention to the copy which had been distributed of the request from the Applicant to continue all three public hearings. He said he believed the applicant would like to speak to the board regarding that request prior to the commencement of the staff report on the applications. He explained that a decision to continue a public hearing is a discretionary decision on the part of the P &Z Commission. The board can elect to continue or not to continue at the board's choice and discretion. Similarly, the timing during the course of the meeting at which the board elects to make that decision is also up to them. He said the staff preference would be to proceed at least with the staff presentation to the board members and the residents would have the opportunity to know what the staff analysis of the project has been. He suggested that prior to the staff report the board hear from the applicant on their request for a continuance. Member West asked what has been the normal procedure when a continuance has been requested. Mr. Rosenthal said a request for a continuance is generally granted, especially the first time. He said the typical practice at the City Commission meetings has been to open the public hearings and to hear from any members of the public who wish to speak. Sometimes at the City Commission level, because the issues may be relatively straight forward, staff does not necessarily have a recommendation. In this case, he said if the board is going to hear from any members of the public, he believes the *tar 4 Planning and Zoning Commission Regular Meeting June 11, 2002 Planning Department feels it would be appropriate for the public to hear the staff presentation. It is certainly not unusual for a body to grant an applicant's request for a continuance. Carla Baker, Senior Real Estate Project Representative for Chevron, 6724 Broken Arrow Trail, South, Lakeland, Florida 33813, said they are requesting a continuance of the three Faraway Farms Agenda items. She said they want to have an additional meeting with the residents of Crown Point Woods to address their issues and concerns about this project. Member Riffe spoke in favor of granting the continuance. She suggested that staff reports should await the next meeting, but that it would be appropriate to hear from members of the public who might not be able to attend the next meeting. Chairman Bond said she felt it was very important that staff give their presentation so that all of the homeowners and Chevron are aware of the position that staff is taking. She said she also thought it was very important that the citizens have the opportunity to speak. She said the public input would assist Chevron in preparing for discussion with the homeowner's association. fir. Ms. Baker said she had no problem with the public speaking, but she felt it was inappropriate for the City to proceed with the staff presentation as Chevron is fully aware of staff's objections. Chairman Bond said she felt the public also needed to know staff's objections. In an informal poll, seven of nine members agreed that staff should present their report. Members Riffe and West opposed hearing the staff presentation without the presentation by the applicant. There was general agreement to consider the staff presentation and the public input as an exchange of information and to postpone debates of the issues until the next meeting. Ms. Baker said if staff makes a presentation, they want to make their presentation as rebuttal. She said they still want to meet with the homeowners and at the end of their presentation they will still ask for a continuance. Whit Blanton, as the City's Planning Consultant, presented the staff report for the Faraway Farms /Chevron applications. The subject property is slightly less than 100 acres in size and is located on the southeast corner of Ocoee - Apopka Road and Fuller's Cross Road in the northwest sector of the City. He said he had been working with the applicant since last fall concerning the rezoning and the comprehensive plan map %kw 5 Planning and Zoning Commission Regular Meeting June 11, 2002 changes. He said the area of disagreement lies in the difference between some of our expectations compared to some of their expectations. Mr. Blanton's presentation included highlights from the staff report in the packet and utilized a power point presentation. Both the staff report and the power point presentation are on file. In summary, Mr. Blanton said it is staff's position that the potential cumulative long- term impact of the requested changes is unclear. The concern is that having a light industrial parcel in this area, which is likely to have some warehouse and distribution facilities, might lead to a domino affect in terms of other properties of a similar size with even better access to regional transportation facilities. Without an overall game plan, they feel some of the impact and implications of that are not being adequately addressed at this time. It is much better to have those issues addressed up front, so the impacts can be known and a list of capital needs identified. Staff is concerned about the long -term implications on public services, adjacent land uses, and, potentially, the City's financial resources. There is a key policy question facing the City, which is what is the desired future of Ocoee's northwest sector. To this point, the City has concentrated its non- residential activities in the vicinity of SR 50, Clarke Road, East -West Expressway area, Story Road. There are established industrial and commercial areas in the City and there vlitary is a lot of vacant or under - utilized land in those areas today. As a result of these concerns and these questions, staff is not making a positive recommendation at this time. They feel that there are too many unanswered questions and the issues need to be explored more fully. Mr. Blanton said he and Mr. Riger would be happy to answer questions. City Attorney Rosenthal said there are three public hearings on the agenda, each of which needs to be acted on and considered separately. However, the issues overlap and are, as a practical matter, the same, so, in effect, the public hearings will be combined. While the first item on the Agenda is the Joint Planning Area Land Use Map amendment, the staff report, the applicant's report, and any comments from the public can relate to the JPA Amendment, the Large Scale Comprehensive Plan Amendment, and/or the rezoning. Comments from each public hearing will automatically carry forward to the next public hearing and be part of the record. Mr. Rosenthal explained, in terms of procedures, that Comprehensive Plan Amendments are basically legislative decisions while the rezoning and the Joint Planning Area Agreement amendment should be treated as quasi-judicial matters. He said the standard of review is more deferential to the City with respect to legislative matters, while the standards are stricter for quasi-judicial proceedings. ``r 6 Planning and Zoning Commission Regular Meeting June 11, 2002 Mr. Rosenthal presented his staff report. He began by explaining the decision - making tree as explained in detail in the Schedule "1" attachment to the staff report. Mr. Rosenthal continued by further addressing the issues in his staff report in the areas of Precedents Arising from Approval of Applications (the Schedule "2" attachment to the staff report), the Zoning, and an Agreement Regarding Comprehensive Plan Amendment and Rezoning (the Schedule "3" attachment to the staff report). Mr. Rosenthal's staff report as included in the packet is on file in its entirety. Member McKey asked the meaning of "fairly debatable ". Mr. Rosenthal explained there are two standards "fairly debatable" and "strict scrutiny ". He said "fairly debatable" is a legislative standard. If there are arguments for and against something and if reasonable people could fairly debate and conclude one way or the other, generally, if there is a legal challenge to the P &Z's decision or ultimately the City Commission's decision, the Courts would defer to the governmental entity's decision. That is the standard on Comprehensive Plan Amendments. If the CPA were adopted and the property were designated industrial as a CP land use, there would be an I -1 or I -2 zoning choice. That would be subject to "strict scrutiny" review. If it received a Comprehensive Plan Land Use designation of Industrial, the board could not then keep it residential or rezone it to commercial and not allow industrial uses. So the terms relate more or less to the standard of review that a Court would apply in looking at the board's decision. Recess: 8:18 p.m. — 8:30 p.m. Chairman Bond pointed out again that the meeting was for informational purposes only. Tracy Crowe, a principal with Land Design Innovations, spoke for the Applicant. She presented an overview explaining they envision the project as a regional hub and economic base for the community that would provide services to all the local residents. She said the current use of the property is as an active citrus grove and they are requesting a mixed -use development. In the early 1900's the property was used as a grove and a sod farm and for the last 33 years a portion of it has been used as an agricultural testing site. She said it was when the school board had considered the property that it was determined that there were concentrations of arsenic that would exceed the residential standards. She said at this time they are not asking for approval or adoption, but are only asking for transmittal to the state for review. Ms. Crowe explained they had chosen Light Industrial because the City does not have a mixed -use category per se. She said Light Industrial is the most flexible land use category in the City's Comprehensive Plan. She said they have agreed not to be a DRI `err► 7 Planning and Zoning Commission Regular Meeting June 11, 2002 and to put a cap on the number of trips. She said grocery stores and banks are some of the potential uses that are allowed in industrial. Ms. Crowe said they are open to suggestions about uses to be considered. She directed attention to a comparison showing C -3, I - and I -2 permitted uses as found in Ocoee's Land Development Code. She enumerated examples of uses they will exclude and said Mr. Rosenthal is working with them to include in the Developer's Agreement the restricted uses and the cap on the number of trips. Carla Baker spoke in rebuttal to comments made by Mr. Blanton. She said, as to possible proliferation of non - residential changing from the historic use of this area, it is already occurring and it is not this site that is creating that. She said the western expressway has probably created it. She said two properties in the area have recently been changed to commercial. She pointed out office /professional and commercial uses in the area. She said they are in active grove operations there and will continue the use should they not be able to get some agreeable land change that will be amenable to all. Ms. Baker said, as to long -term impacts, they did do the study. She said she had investigated all the properties along this corridor, and less than 10% of the properties have not already been designated with a Future Land Use. She said from the last FLUP to the new FLUP there designations have changed. So their impacts to the area should already be known if their land use has been changed. So there is a very small minority of properties left for which the use and impacts are not known. As to vacant land analysis, she said there are over 500 acres in and around Ocoee and Winter Garden that are vacant commercial and industrial tracts. In reviewing the multiple listings, she said only four are actively being marketed for sale. When she looked at the sites, she found several of them are retention ponds, one is the 200 -acre Britt office park that is currently under development. Three of the largest parcels are tree farms that are being held for future development. She said only a small percentage of the 500 acres is available for current development. As to public facilities, they have looked at this, but this is something that happens at the concurrency level at the time of site plan reviews. She said they welcome input about the best use of this property. Vice Chairman Golden recommended that, in future, their presentation include information about the arsenic contamination as he would need to know a lot more about it in order to make a decision. Ms. Baker gave her "lay person's perspective." She said in their original application the reason for changing the zoning included one paragraph about the arsenic contamination. She said the arsenic is not the major reason for the zoning they are requesting as they really think there is enough market demand in this area. %or 8 Planning and Zoning Commission Regular Meeting ,. June 11, 2002 Ms. Baker said their environmental consultant is out of the county at this time, but he will attend the meeting with the homeowners. She said it is typical with agricultural use properties that there is an arsenic problem. Member West suggested that it would be helpful to have the environmental expert here when this matter comes back before the board. Chairman Bond commented that are numerous large sites in the City limits of Ocoee that are zoned industrial and are for sale but have not been entered into the multiple listing service through the board of realtors. She stressed how important she felt it was that the entire picture would be presented. Ms. Baker said she had called many who have property for sale but were not included in the multiple listing service. She said she had only found one 100 -acre site that was not already in use. The public hearing was opened. Kevin Keller, 1727 Crown Point Woods Circle, Ocoee, president of the Crown Point Woods Homeowners' Association, Inc., spoke representing the 51 owners in their subdivision. He voiced the neighborhood's unanimous opposition to the requested changes and rezoning. He read into the record in its entirety his letter giving the reasons for their opposition. (A copy of the letter is on file along with a copy of an attached petition against the rezoning which included consolidated copies of the signatures. Original signatures are on file with CPW Inc.). Theresa R. Slifko, Ph.D., 1721 Crown Point Woods Circle, Ocoee, a microbiologist, spoke concerning the technical aspects of the scientific reports that have been submitted concerning arsenic contamination in the soils of Faraway Farms. (She utilized a power point presentation and a copy is on file.) She explained her finding that new arsenic guidelines are under development. She concluded that, if the site wide arsenic levels meet the new guidelines, then there really is not a problem at Faraway Farms. She said the "hot spots" are clearly identified in reports and she suggested only the "hot spots" required remediation. R. P. Mohnacky, 1820 Prairie Lake Boulevard, said there are chemicals becoming available that can neutralize arsenic, that the proposed uses, from his experience, seem to be commercial rather than industrial, and that the changes should be compatible with the neighbors. 9 Planning and Zoning Commission Regular Meeting June 11, 2002 low Edmond Harrison, 127 11`" Avenue, said his home place (12 acres) abuts this property on the southeast corner. He said he has no objection to the proposed use of the property. He is concerned about a drainage ditch which had been placed along the north side of his property by Orange County in the early 50's. He said the ditch drains into the Faraway Farms property, and that drainage is flooding his property. He said the Orange County map does not show them in the wet area. Chairman Bond asked Ms. Baker to keep Mr. Harrison informed if this does go forward in order to assure that his concern is addressed. Carl D. Harrison, 1436 Clarcona -Ocoee Road, spoke as moral support for his brother whose property is adjacent. He said three or four streets drain water to Clarcona -Ocoee Road. He said the ditch needed to be continued beyond the corner of their property to allow natural drainage. Carl Harrison also spoke in support of protecting an eagle that has returned within the last two years. Member Riffe said the State of Florida has strict guidelines concerning eagle protection, and Ms. Baker said they are having the eagle's nest flagged as we speak. Rob Termeforoosh, 1284 Log Landing Drive, Ocoee, spoke in opposition to the proposed applications. 11 1 1 - •, 1 - s • U . 11 1 . : 1 ! ' ' 1 u, a 1 . • • . - 1 • . • ' hearinp, for the Faraway Farms /Chevron Joint Plannino Area Land Use Ma Amendment from Low Densit /Conservation to Industrial/Conservation, Case Number JPA - 01 - 001, to a date uncertain and to direct staff to re- advertise and re- notice the public heari • at such time as Chevron advises the staff that the are nre . ared to .ri • - m• D. • P •nni • .ns _ •n' • • 1i ion Motion .rri-s 0 -1 The public hearing was opened for the Large Scale Comprehensive Plan Amendment. Chairman Bond announced that all the comments from the previous hearing follow forward and asked if there were additional public comment. As there was no further comment, Member Keller, seconded by Member Landefeld, moved to continue the public hearing for Faraway Farms /Chevron, Large Scale Comprehensive Plan 4 11 ' 1 1 11 ' 1 1 . , . 1 . 11 • • 1 • I • • 1 1 • . • • 1 1 1 • • l Industrial/Conservation, Case Number CPA -01 -002, to a date uncertain and to direct staff to re- advertise and re- notice the public hearing at such time as Chevron advises the h. h- .r- •r-..r- I • • 'n• h- _ - •, k to Plannin• •ns Z•nin• •mmi ion Motion carried 9 -0. ` ,,, 10 Planning and Zoning Commission Regular Meeting June 11, 2002 The public hearing was opened for the Rezoning. Chairman Bond announced that all the comments from the previous hearing follow forward and asked if there were additional public comment. As there was no further comment, Chairman Bond, seconded by Member Keller, moved to continue the public hearine for Farawa Farms /Chevron 1 .1 • 1 I • 1 _ : - . . • I ! •- I I 1 . • • I • 1 • • 1 • Manufacturing and Warehousing District, Case Number RZ- 01- 06 -01. Motion carried 9 - 0. OLD BUSINESS None. OTHER BUSINESS None. MISCELLANEOUS Chairman Bond announced the Going Away Party for Ellen King, Development Review Coordinator, would be held on Friday, June 14 at Gators Dockside. Chairman Bond expressed her appreciation to everyone for following the directive for participating in the meeting in a non - confrontational manner and for exchanging information as requested. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Attest: APPROVED: k 9A/y3 AA) 4:4221.4.) 1-11 Manan Green, Deputy City Clerk Pond, Chairman +,. 11