P & Z - 12/03/2002 THE MINUTES OF THE PLANNING AND ZONING COMMISSION
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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.
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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.
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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.
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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.
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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.
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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
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(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
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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.
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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.
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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
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Motion carried 8 -0.
OTHER BUSINESS
Chairman Bond wished everyone a Merry Christmas and Happy New Year.
ADJOURNMENT
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The meeting was adjourned at 9:05 p.m.
Attest: APPROVED:
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Marian Green, Deputy City Clerk Pat Bond, Chairman
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