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P & Z - 11/12/2002 Noir THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, NOVEMBER 12, 2002 CALL TO ORDER Chairman Bond called the meeting to order at 7:09 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, Riffe, Rhodus and West. Also present were Community Development Director Wagner, Senior Planner Grimms, Chief Assistant City Attorney Cookson and Deputy City Clerk Green. ABSENT: Members Landefeld, McKey and Miller. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, September 25, 2002. Member i�eller, seconded by Member Riffe, moved to approve the Minutes of the September 25, 2002, Planning and Zoning Commission meeting. Motion carried 6 -0. NEW BUSINESS HODGSKIN OUTDOR LIVING, INC. PROPOSED REZONINGS PUBLIC HEARING CASE Nos. RZ- 02 -09 -05 (2.89 ACRES) AND RZ- 02 -09 -06 (5.8 ACRES) Senior Planner Grimms presented the staff report for the proposed rezoning of two parcels located near the intersection of Palm Drive and Ocoee - Apopka Road. Lori Hodgskin owns the 2.89 acre north parcel and W. H. Roof owns the 5.8 acre south parcel. The applicants are requesting a zoning change for the two parcels from C -2 "Community Commercial District" to C -3 "General Commercial District." Mr. Grimms said staff has determined that the proposed C -3 zoning classification with conditions is consistent with: (1) the Ocoee - Orange County Joint Planning Area Agreement; (2) Ocoee's Comprehensive Plan; (3) Ocoee's Land Development code and (4) surrounding land uses and zoning classifications. More specifically, the request is consistent and compatible with the listed goals, objectives and policies of the Future Land Use Element of the Comprehensive Plan. Naw Planning and Zoning Commission Regular Meeting November 12, 2002 He concluded with the Community Development Department's recommendation that Planning and Zoning Commission: 1. Recommend approval of Application RZ- 02- 09 -05, rezoning 2.89 acres from C -2 "Community Commercial District" to C -3 "General Commercial District," subject to provision of a 40 -foot wide landscape buffer setback along Ocoee - Apopka Road to be provided as part of any development plan for the parcel to accommodate future road widening; and 2. Recommend approval of Application RZ- 02- 09 -06, rezoning 5.8 acres from C -2 "Community Commercial District to C -3 "General Commercial District" subject to provision of a 40 -foot wide landscape buffer setback along Ocoee - Apopka Road to be provided as part of any development plan for the parcel to accommodate future road widening; and further subject to providing 80 -feet of road right -of -way across the parcel for the relocation of Palm Drive as part of any development plan for the parcel. Member West asked if 80 feet were not a lot of land to ask someone to give. Community Development Director Wagner explained they anticipate that Palm will be ,, a major collector road and because of its proximity to the intersection more turn lanes will be needed. Seventy feet is the standard width for a collector road, and they have requested 80 to allow for extra turn lanes and swale stormwater drainage along the side of the road. Staff felt the change to highest intensity commercial use warranted the provision of the added means of transportation to accommodate it. Chairman Bond asked what was the projection on the widening of Ocoee - Apopka Road. Mr. Wagner said there was no money for it today, but explained the importance of acquiring right -of -way as properties are developed for future widening of the road to be possible. He said Ocoee - Apopka Road is projected to carry 26,000 to 28,000 cars per day in 2020. Chairman Bond said she did not vote for this the last time and would not vote for it again. She said she would not support more hodge podge zoning and that was what she felt this would be. She said she believed the report classifying an "A" Level of Service was not an accurate reflection of traffic at Sobiks. She said there were three peak times a day when traffic was not moving through the intersection. She said the City needed to protect the old areas of Ocoee. She said that is a neighborhood for affordable housing, and she does not want to be part of driving people out of what may be the only home that they can afford. 2 Planning and Zoning Commission Regular Meeting _ November 12, 2002 The public hearing was opened. Jon Hodgskin, 432 Ocoee - Apopka Road, spoke on behalf of his wife, Lori Hodgskin, of Outdoor Holdings Three, the owner of the property. He said the subject parcel had been granted a Special Exception in 1982 or 1984 allowing Mr. Roof, the gentleman from whom he had purchased the property, to store utility equipment, outside supplies, trailers, trucks, etc. He said they planned an old "cracker" style building with a residential look. He described his shock upon receiving today the document dated November 7 that included the requirement to provide 80 -feet of road right -of -way across the parcel for the relocation of Palm Drive. He said the area to which they refer includes beautiful oak trees on which he has spent a fortune to protect. He said straightening Palm Drive had been brought to his attention in one of the first meetings with staff and he had said he would be willing to work with the City to accomplish that, but straightening Palm Drive is not turning it on that corner. He said he had no time to prepare for rebuttal against this, nor does he feel the property should be held hostage or extorted as a special condition, because this was not disclosed to him in three or four meetings with staff. Mr. Wagner said these matters were discussed early on, but were not put in an actual report form. He said they did not have a chance to talk with the City Attorney till very late. Mr. Hodgskin elaborated further about his willingness to work with the City, his efforts to provide an acceptable plan, his commitment to be an asset to the community, and his frustrations with the process. He said on October 9 he had received the first staff review comments via fax and the comments did not contain any conditions regarding the rezoning application. He said on October 15 he had met with City staff to confirm setbacks, among other things, and was told that there was a 25 -foot setback required on major roads. He said on November 12 he had received a copy of the rezoning staff report, but was unable to review it until he returned to his office at 4:00 p.m., and it was at that time he learned of the conditions of approval on his rezoning which were recommended by staff. He said he has no problem with the 40 -foot landscape buffer from the road. Concerning the 80 -foot right -of -way across his property, he asked if the roadway was budgeted and if it was within the zoning board's power to place this caveat on his approval when he met all the other zoning conditions. Member Riffe questioned the legality of placing conditions on rezonings. Attorney Cookson said it was his understanding that the conditions recommended in the staff report would make the rezoning consistent with the Comprehensive Plan. He said these details are usually worked out with the developer before hand. Mr. Cookson said with the applicant not having the opportunity to review these changes, it might be `taw 3 Planning and Zoning Commission Regular Meeting 10 , November 12, 2002 appropriate for the board to delay this hearing to give the staff and the applicant some opportunity to come to an agreement on this. Member Riffe, seconded by Member Keller, moved to table this item so that staff and the applicant could work out some issues. Motion failed 6 -0, as members wished to make further comments. Vice Chairman Golden asked Mr. Hodgskin if his application for rezoning had any specific uses, other than C -3. Mr. Hodgskin said for the north property staff has seen his blueprints and elevations because he is working there now out of a construction trailer. He has a site plan available if members want to see it. He said he has no immediate plans at this time to develop the 5.89 acre south parcel. He said the property immediately north of him is C -3. Vice Chairman Golden said he agreed with Chairman Bond that C -3 is not appropriate for this area. He said he probably would not support it unless it is limited to some uses. Mr. Hodgskin said the whole project is going to be modeled after that residential themed look, no matter what they end up doing. It is going to be commercial property whether it is C -2 or C -3. r.► Chairman Bond said she opposed commercialization at that intersection. She said she had no doubt that Mr. Hodgskin would do a beautiful job, but she was concerned that a neighboring developer might not be as conscientious or as willing to save the trees or as committed to appearance. Vice Chairman Golden suggested that Mr. Hodgskin be more specific about his uses when he comes back in. Member West agreed that it would be best to work something out with staff, and suggested Mr. Hodgskin might want to come back in for rezoning on the one parcel for which he has plans, leaving the other parcel at C -2. At such time that you decide what you want to do, then if it requires C -3, come in for rezoning. Mr. Hodgskin asked if, in the spirit of cooperation, the board could vote on the 2.89 acres for which he has a site plan. He said right now he is working out of a double -wide office trailer, and he is ready to build this building. Mr. Wagner said there are two applications before the board. They could theoretically accept one and not the other, but staff looked at this and it has been proposed as one large piece. Staff could have recommended denial or a PUD, but had taken a middle road with the conditions that they gave to give the most flexibility to the developer, and still make 4 Planning and Zoning Commission Regular Meeting ti„ i ,,, November 12, 2002 sure that it met Ocoee's Comprehensive Plan. Mr. Wagner explained the board might choose to recommend denial, to recommend the staff recommendation, or to continue the public hearing to a date certain so the public hearing would not have to be re- advertised. Member West supported the continuance. Member Riffe asked if there were other vacant available properties in Ocoee with C -3 zoning. She said she thought it was appropriate to determine the availability of properties with C -3, I -1 or I -2 zonings that would accommodate the type of development the applicant was seeking before approving additional C -3 rezonings. Member Riffe, seconded by Member Keller, moved that Planning and Zoning Commission continue the public hearing for the Hodgskin Rezonings, Case Nos. RZ -02- 09-05 and RZ- 02 -09 -06 to the December 3, 2002, Planning and Zoning Commission meeting. Motion carried 6 -0. CROWN POINT (COKE PROPERTY) PROPOSED ANNEXATION PUBLIC HEARING CASE No. A- 02 -09 -07 *t Senior Planner Grimms presented the staff report recommending approval for the proposed annexation of a vacant 14 acre parcel located approximately 650 feet west of the intersection of Ocoee - Apopka Road and the Western Beltway (S.R. 429). The West Orange Trail traverses the subject property in a northeast- southwest alignment. The proposed annexation would become part of the proposed Crown Point PUD mixed use development which encompasses approximately 368 acres of the former Coca Cola property. The subject property is earmarked for development as part of the high school sports facility complex along with the West Road Extension following the west and south boundaries of the subject property. Mr. Grimms said 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 City's intent to annex the subject property, and the City has received no comments. The DRC considered the proposed annexation at its meeting on October 30, 2002, and unanimously recommended approval. Vice Chairman Golden chaired the meeting briefly during the staff report while Chairman Bond was momentarily away from the dais. "' 5 Planning and Zoning Commission Regular Meeting November 12, 2002 In response to a question by Member West, Mr. Wagner confirmed that the City of Ocoee owned the property and explained this was part of the original Coca Cola property. He said this segment had been in the Winter Garden Joint Planning Area, but was now in Ocoee's as the County has amended the JPA with Winter Garden and Ocoee. They expect to bring the Coca -Cola Crown Point PUD to P &Z for approval on December 3rd. He said the high school is under design with construction intended to begin next summer. As to the naming of the new school, the school board as a policy does not name a school after a City. He said it is being argued that there was an Ocoee High School at one time, and the name should be "grandfathered." The public hearing was opened. As no one wished to speak, the public hearing was closed. Member West, seconded by Vice Chairman Golden, moved that Planning and Zoning Commission recommend approval of the proposed annexation in Case No. A- 02- 09 -07: Crown Point PUD (Coke Property). Motion carried 6 -0. OLD BUSINESS - None. OTHER BUSINESS - None. MISCELLANEOUS Chairman Bond expressed her thanks for members' shirts and several said they were pleased with them. Community Development Director Wagner announced the Planning and Zoning Commission would meet on December 3 and that would be their only meeting in December. He explained City Commission had changed their meeting from December 3 to December 10 due to a conflict. Member Rhodus asked about any new restaurants coming into the City. Mr. Wagner said staff had spoken with a developer who has been in discussions with some restaurants but has not revealed who they might be. Mr. Wagner said the new demographic census data had shown that Ocoee's average household income is higher than Winter Park's. The average income is not as high as Winter Park, but it is a very significant demographic change. He said he thought what had been holding back Ocoee was that potential developers of restaurants have been operating off of obsolete demographic data. 6 Planning and Zoning Commission Regular Meeting November 12, 2002 Vice Chairman Golden asked when board members would be receiving copies of the Comprehensive Plan. Mr. Wagner said when he receives confirmation that the state finds it in compliance, they will print and distribute the documents. Chairman Bond wished everyone a nice, safe Thanksgiving holiday. ADJOURNMENT The meeting was adjourned at 8:06 p.m. Attest: APPROVED: Marian Green, Deputy City Clerk Pat Bond, Chairman Now Nory