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P & Z - 12/03/2002 THE MINUTES OF THE PLANNING AND ZONING COMMISSION Noe REGULAR MEETING HELD TUESDAY, DECEMBER 3, 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, Vice Chairman Golden, Members Keller, Landefeld, McKey, Riffe, Rhodus and West. Also present were Community Development Director Wagner, Planning Manager Lewis, Senior Planner Grimms, Chief Assistant City Attorney Cookson and Deputy City Clerk Green. ABSENT: Member Miller (due to illness). CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, November 12, 2002. Member Landefeld, seconded by Member Keller, moved to approve the Minutes of the November 12, 2002, Planning and Zoning Commission meeting. Motion carried 8 -0. OLD BUSINESS HODGSKIN OUTDOOR LIVING, INC. PROPOSED REZONINGS PUBLIC HEARING CASE Nos. RZ- 02 -09 -05 (2.89 ACRES) AND RZ- 02 -09 -06 (5.8 ACRES) (Continued from November 12, 2002) Assistant City Attorney Cookson said this was the property about which there had been discussion concerning roadway improvements cutting through the applicant's property. He said the applicant had objected, citing insufficient notice of Staff's recommendation for the roadway. The Planning and Zoning Commission had recommended that Staff meet with the applicant to reach an agreement regarding the road. Mr. Cookson said Staff and the applicant had been unable to meet due to scheduling conflicts and the short time frame between the two meetings. He said the applicant and the applicant's attorney had agreed today that it would be prudent to continue the public hearing to the next meeting to give them the opportunity to meet with Staff. Mr. Cookson also recommended continuing the public hearing to the next Planning and Zoning Commission meeting. Planning and Zoning Commission Regular Meeting December 3, 2002 Member McKey, seconded by Member Landefeld, moved that Planning and Zoning Commission continue the public hearing for the Hodgskin Rezonings, Case Nos. RZ -02- 1 • -1 , • - 12 - 1• - l• • h- n-x P •nnin' . Z•nin, •mmi i•n m- - in. M• ion carried 8 -0. NEW BUSINESS WINDSTONE AT OCOEE SUBDIVISION (FKA CLARCONA CROSSINGS) PHASE 2, FINAL SUBDIVISION PLAN, PROJECT NO. LS -99 -016 Planning Manager Lewis presented the staff report recommending approval of the Final Subdivision Plan (FSP) for Phase 2 of Windstone at Ocoee. The project will include a total of 122 single - family residential lots, with 64 lots in Phase 2. The subdivision is located on the south side of Clarcona Ocoee Road, between Clarke Road and Apopka Vineland Road. The southern edge of the subject property abuts the northern boundary of the Sawmill subdivision. As shown in the FSP, Phase 2 of the project will have an access point from Clarcona Ocoee Road and a connection to the Orchard Park subdivision to the south, in addition to its two road connections with Phase 1. A small tract of additional road right -of -way for Clarcona Ocoee Road (Tract `F') will be dedicated to the City, in order to accommodate Orange County's current road widening N, plans for that road. Mr. Lewis said when the Preliminary Subdivision Plan (PSP) was approved, there was a problem with the 100 -year flood elevation for Lake Addah adjacent to this property. It was shown on the FEMA map at that time as 81.0. A Condition of Approval was placed on the PSP indicating that the project engineer would use his best efforts to pursue a revision to the FEMA 100 year flood elevation prior to approval of the FSP for Phase 2. The City received a notice from FEMA in late September indicating that the 100 -year flood elevation had been changed to 71.0, which is reflected on the FSP for Phase 2. The DRC reviewed the FSP on November 19, 2002, and unanimously recommended approval subject to making the revision to the plans as discussed in the meeting. All the DRC revisions have now been satisfactorily addressed in the plans that were received November 26, 2002. Responding to a question by Chairman Bond about an access road between subdivisions, Mr. Lewis pointed out the internal connections between three subdivisions in the area in addition to the connection to Clarke and Clarcona Ocoee Roads. He said the Land Development Code requires these kinds of connections and that is why they are shown on the plans. ` ilow 2 Planning and Zoning Commission Regular Meeting December 3, 2002 Chairman Bond said she does not agree with the practice as she thought it promoted speed within subdivisions and created hazards for children at play. She said, based on that, she would not vote for this Plan. She explained this had been her view for many years and said her negative vote was nothing personal against this subdivision. Member Landefeld agreed with Chairman Bond's position and both suggested changing the Code. Member West questioned the fairness of declining to recommend approval of Plans prepared according to Code requirements. He agreed the cut -thru connections could sometimes lead to speeding problems, especially when providing connection between main roads. Member Keller, speaking as a Sawmill resident, said there were problems with speeding in Sawmill, but it had been a problem even before the additional entrances were opened. He addressed the benefits of having the additional entrances and suggested each development should be considered on an individual basis. Assistant City Attorney Cookson pointed out that this was a Final Subdivision Plan and that the Preliminary Subdivision Plan had been approved with the same connections, which were not initiated by the developer. He said Staff has sometimes received mixed signals concerning gated communities and inter - connectivity. Member Keller and Vice Chairman Golden asked about the FEMA flood elevation change from 81 to 71, and Mr. Golden said he would like to see the letter from FEMA. Jeff Sedloff, with June Engineering Consultants, Inc., the applicant and engineer for the project, answered their questions. He explained their findings were determined from a more detailed study utilizing current topography and contours from the County. He said their study was very conservative and more accurately reflected reality. Addressing traffic issues again, Mr. Lewis said there were a variety of opinions about access points and traffic. He said there are other arguments related to the number of access points and cross - access. He said some follow the line of reasoning that the more access points you have the less traffic you have on each access point. Member Riffe said she is a proponent for inter - connectivity. She said traffic issues come from many other things. She said she lives in a gated community and speeding is the chief complaint to her Homeowners' Association Board. She said there are many devices for traffic calming and suggested amending the Code to implement them. 3 Planning and Zoning Commission Regular Meeting December 3, 2002 Discussion ensued about the various traffic calming devices, especially the efficacy of "roundabouts." Member West, seconded by Member Keller, move that Planning and Zonin Commission recommend approval of the Final Subdivision Plan for Phase 2 of Windstone at Ocoee, as date stamped received by the City on November 26, 2002. Motion carried 6 -2, with Chairman Bond and Member Landefeld voting no. Chairman Bond, seconded b y Member Riffe, moved that Staff look into ad ding requirements for traffic calming devices to the Land Development Code. Motion carried $0— RICARDO AND CARMEN CABALLERO PUBLIC HEARING ANNEXATION AND REZONING PETITION, CASE NO. AR- 01 -07 -01 Senior Planner Grimms presented the staff report for the proposed annexation and initial zoning of the 1.77 acre tract located approximately 350 feet east of the intersection of Ocoee - Apopka Road and Silver Star Road on the north side of Silver Star. The applicant is requesting a zoning designation of C -2, "Community Commercial District," from present county zoning of C -1, "Retail Commercial District." Mr. Grimms said since the property is an enclave, the property is being considered for annexation as outlined in the JPA Agreement. 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 this petition and the City has received no comments. Mr. Grimms said the Ocoee Transportation Master Plan indicates that Silver Star Road is scheduled for widening to four lanes between Dillard Street and Clarke Road. The applicants will be required to dedicate 30 feet of frontage for future road widening of Silver Star Road as well as to provide the utility easement across their property. Applicants have indicated to staff they have no objection and will dedicate such in an Annexation Agreement. The DRC met on November 27, 2002, to review the Caballero annexation and initial zoning request and voted unanimously to recommend approval, subject to execution of an Annexation Agreement, involving dedication of 30 feet of frontage for future road widening and reservation of a 30 -foot utility easement on the property, as needed. Mr. Grimms concluded with Staff's recommendation for approval of the requested annexation and initial zoning as recommended by the DRC. `rr► 4 Planning and Zoning Commission Regular Meeting Nay December 3, 2002 Chairman Bond asked about the plans to widen Silver Star/Franklin/Plant from Clarke Road to Dillard Street. She said she had attended the meeting held November 12 at Citrus Elementary and it was her understanding that there were no plans proposed at this time by the FDOT. Mr. Grimms said it is indicated in Table E -3 of the Transportation Master Plan. Community Development Director Wagner said FDOT does not yet have it in their program for widening and there are no funds for it. He said it would probably be ten years before the road is improved. He said the City's Master Transportation projections show about 25,000 vehicles on that road, and acquiring the right -of -way is a precaution for the future. The public hearing was opened. Mr. Grimms said the applicants could not attend because they were in New York. As no one wished to speak, the public hearing was closed. Responding to questions by Vice Chairman Golden, Mr. Grimms said the applicants Now have not specified what type of retail outlet they plan. He said additional buffering would be required since they back up to a residential area and that would be determined at the time of the site plan review. Chairman Bond asked why C -1 zoning would not be satisfactory if they want a small store. Mr. Grimms said they want to keep their options open as a commercial retail establishment. Mr. Wagner said C -1 zoning in Orange County is generally comparable to Ocoee's C -2, so the requested zoning would be comparable to what they had in the County. Member McKey asked how much easement would be used in road widening. Mr. Wagner said a four -lane road generally requires a minimum 100 -foot right -of -way. Adding 30 feet of right -of -way on each side of the existing 40 -foot roadway would yield that minimum. Member Landefeld, seconded by Member West, moved that the Planning and Zoning Commission recommend approval of the petitions of Carmen and Ricardo Caballero in Case No. AR- 01- 07 -01, for Annexation and Initial Zoning of the 1.77 acre tract to C -2, � Min . ni e -r i.1 D • " -x- is • _ Ann-x.ti•n A•r--m-nt involving dedication of 30 feet frontage for future road widening and reservation of a 30- foot utility easement on the property, as needed. Motion carried 8 -0. `fir"' 5 Planning and Zoning Commission Regular Meeting December 3, 2002 Responding to a comment by Member Riffe, Mr. Wagner said there was very little C -1 zoning in the City because there was virtually no difference between Professional Office and C -1. He said the range of uses in C -1 was extremely limited. BLANCA MURCIA REZONING PETITION PUBLIC HEARING CASE No. RZ- 02 -11 -09 Chairman Bond said she had not received notification of this rezoning petition as a nearby property owner. Mr. Grimms confirmed that notifications had been sent to those on the list of properties within 300 feet of the subject property. Mrs. Bond stated for the record that this was the second time she had not been notified, and the first time was the Christian Service Center. She said it might behoove staff when something happens in the area of her office, to double check that she is notified. Senior Planner Grimms presented the staff report recommending approval for the applicant's request to rezone the .18 acre subject parcel located on the north side of Franklin Street between Ocoee - Apopka Road and Taylor Street. The requested zoning change is from C -1 "Neighborhood Shopping District" to C -2 "Community Commercial District." Mr. Grimms said Staff has determined that the proposed C -2 zoning r classification is consistent with: (1) the Ocoee - Orange County Joint Planning Area No 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. The public hearing was opened. Chairman Bond spoke as the owner of her office property located at 229 Franklin Street. She said the C -1 property referred to in the staff report was her building. She said when she purchased that building the zoning was C -3, but she had been required to accept C -1 zoning because they wanted development in the area to be professional offices. The map in the staff report showed C -2 zoning for her property, but she said the tax roll shows C- 1. Mr. Wagner said there are many discrepancies in the tax rolls, and he had every reason to believe that C -2 is the accurate zoning for her property. Referring to the Downtown Redevelopment Area (DRA), Chairman Bond said she thought C -1 would be more "neighborhood friendly, " and asked if anything allowed in C -2 would not be compatible with the DRA. 4 liaw 6 Planning and Zoning Commission Regular Meeting December 3, 2002 Now Mr. Wagner recalled that during the Comprehensive Plan process zoning inconsistencies in this area had led to the determination that an underlying Commercial land use would be logical and appropriate. He said C -1, C -2 or C -3 would be legitimate uses. He said there are only two or three categories difference between Professional Office and C -1. He said there are very few requests for C -1 because it does not allow restaurants or retail uses. He said this is a correction they will be looking at in the new Code. The public hearing was closed. Mr. Wagner said for the past ten years or so the homes in the area have had an underlying commercial land use but were zoned residential. He said the homeowners did not want to change the zoning of the property to commercial because they could lose their homestead exemption and change their tax rate. The City would not want to penalize those homeowners. Member Riffe said she would feel differently if the entire block were in for rezoning. She said she thought it was the City's responsibility to protect the adjoining neighbors. Vice Chairman Golden asked if the DRA would limit uses in the area. Mr. Wagner said presently it was simply a line on a map - an area that will be considered for future vow designation as DRA. There has been discussion about developing a master plan and about a Community Redevelopment Agency, but all that requires a lot of time and money and the backing of the people in the area. He said they have not had that and it is because of market conditions. Member West, seconded by Member Landefeld, moved that Planning and Zoning Commission find the Blanca Murcia rezoning request from C -1 to C -2 to be consistent with (1) the Comprehensive Plan; (2) the Future Land Use Map• (3) the Lan D- -1• .m-n ••-• 4 h- • •--- •r,n •_ni sin Plannin! Ar-aA•r-- - • •n • (5) the surrounding land uses and zoning classifications, and that the Planning and Zoning Commission recommend approval of the rezoning request in Case No, RZ- 02 -11- 09. Motion carried 8 -0. JASON GAGE REZONING PETITION PUBLIC HEARING CASE No. RZ- 02 -11 -08 Senior Planner Grimms presented the staff report recommending approval for the applicant's request to rezone the .25 acre subject parcel located on the north side of Franklin Street between Ocoee - Apopka Road and Taylor Street. The requested zoning change is from R -1 "Single Family Dwelling District" to C -2 "Community Commercial 'taw 7 Planning and Zoning Commission Regular Meeting December 3, 2002 District." Mr. Grimms said Staff has determined that the proposed C -2 zoning classification 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. The public hearing was opened. Denise Parrinello, 440 Ocoee - Apopka Road, spoke against changes that might lead to further development, as she had moved here for the quiet, peaceful life in the country. The public hearing was closed. Member West asked how there had been commercial development in R -1 zoning. Mr. Wagner said this is one of the parcels for which the property owner had a letter showing that they were given permission to open the dentist's office and they actually had commercial zoning back in the 1970's. It is just one of the many scrivener's errors on the City's maps. He said the parcel is shown differently on different maps. They are proposing this change to make it consistent with the actual use. 'r.. Member Landefeld, seconded by Member Keller, moved that Planning and Zoning Commission find the Jason Gage rezoning request from R -1 to C -2 to be consistent with (1) the Comprehensive Plan; (2) the Future Land Use Map; (3) the Land Development •l-• 4 ,- • •-- -•r. • - •_n •i ' . Ai • Ar-. A•r-- -n• an. _ h- surrounding land uses and zoning classifications, and that the Planning and Zoning Commission recommend approval of the rezoning request in Case No. RZ- 02- 11 -08. Motion carried 8 -0. Recess: 8:40 p.m. — 8:50 p.m. PROPOSED AMENDMENTS TO LAND DEVELOPMENT CODE PUBLIC HEARING ORDINANCE No. 2003 -01 (ACTING AS LOCAL PLANNING AGENCY) Community Development Director Wagner presented the staff report recommending approval of three changes to the Land Development Code. He explained the three proposed amendments to: (1) change Development Review Fees definitions, (2) add a School Board representative to the Planning and Zoning Commission as a non - voting member, and (3) add "Auto Body Repair Shop" as a permitted use in the I -1 zoning district. fir. 8 Planning and Zoning Commission Regular Meeting _.., December 3, 2002 The public hearing was opened. As no one wished to speak, the public hearing was closed. Member Keller asked if it would be possible to recommend that the School Board representative would be someone from this school board district. Mr. Wagner said we could suggest that, but he thought the representative would be someone familiar with the area. Member Keller, secpnded by Member Landefeld, moved that Planning and Zoning Commission recommend approval of Ordinance No. 2003 -01 amending the Land D-v-1•.m • • - • • 1 .n!- 1 - - 1•.m-nt ' i-w F- - • -fini ion_2 . • • . hell Boars - .r- -n . i - • h- Ph in' .n• Z• •in. •mmi ion as . no - • ins m-m•- an• _ . •• " A. • B•• R lair ho." as . . _s- in h- I -1 z•nin' •i ri Motion carried 8 -0. OTHER BUSINESS Chairman Bond wished everyone a Merry Christmas and Happy New Year. ADJOURNMENT *law The meeting was adjourned at 9:05 p.m. Attest: APPROVED: ktg SA... /4.1 c'(1 Marian Green, Deputy City Clerk Pat Bond, Chairman 9