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Home My WebLink AboutVI(D) M.I. Ranchito Market - Waivers RequestMayor. S. Scott Vand.ergrifi City Manager Jim Gleason -_- _-r n_ STAFF REPORT DATE: November 10, 2003 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager 911/ THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: M.I. Ranchito Market Waivers from Code standards ISSUE: Agenda 11-18-2003 Item VI D Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Should the Mayor and City Commissioners approve two waivers for the M.I. Ranchito Market: the first waiving the requirement to pave and improve an adjacent unpaved street (Lee Street); and the second waiving the requirement for a brick buffer wall between this commercial development and adjacent residential properties? BACKGROUND: The site plan for the M.I. Ranchito Market is currently under review by Staff as a Small Scale Site Plan and that review is nearing completion. The property is located on the south side of Silver Star Road and is bounded by Taylor Street (650 feet east of Ocoee Apopka Road), the railroad tracks (650 west of Bluford Avenue) and Lee Street (southern boundary). Most of the site is a large currently vacant parcel, but there is an existing single family home on the west side of the railroad tracks that would be removed prior to developing the site. The proposed site plan includes two commercial retail buildings to be built in two phases (see attached Sheet C-5 of the proposed site plan). This site plan application is also contingent upon approval of an application to vacate a portion of the road right-of-way for Kissimmee Avenue (currently unpaved), located just west of the railroad tracks, and approval of a short form plat to consolidate several existing lots into two new lots. DISCUSSION: Proposed Waivers: The first proposed waiver involves the Code requirement stating that "Existing unimproved City rights -of -way or dirt streets that abut or border subdivisions shall also be paved and improved at the Developer's expense." Lee Street along the southern boundary of the property is currently an unimproved dirt street. Therefore, the Code requires that this Developer pave and improve Lee Street at his expense along with the development of this property. City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-31 W - fax: (407) 656-8504 - www.ci.ocoecAtis November 10, 2003 Honorable Mayor and City Commissioners Page 2 The Developer's position is that the proposed development does not impact Lee Street, there is no access provided to Lee Street from this development and the required buffer wall will separate this development from Lee Street. Therefore, the Developer is asking that he not be required to pave and improve Lee Street. The second proposed waiver involves the Code requirement stating that "Six foot high brick screening walls with landscaping per the Ocoee Land Development Code are required where professional office, service, commercial, or industrial projects abut residential properties." The properties on the south side of Lee Street along the southern boundary of the subject property are all residential properties. Therefore, the Code requires that this Developer construct a six foot brick wall along the southern boundary of the site along with the development of this property. The site plan does show a buffer wall along the southern boundary of the site, but it is a 6 foot split faced block masonry wall to match the building fagade instead of brick. The Developer's position is that a split faced block wall would match the proposed building better than a brick wall and Lee Street also separates the site from the adjacent residential properties. Subdivision / Site Development issues: Regarding the first proposed waiver to not pave and improve Lee Street, required improvements to the surrounding street network should always be considered in the context of the traffic impacts generated by a proposed development. The Developer is asking that he not be required to make required improvements to a street that he believes he is not impacting. However, this development clearly impacts Silver Star Road, so it is reasonable to expect that there will be required improvements to that road. Throughout the subdivision / site plan review process for this proposed development, the Planning Staff and the City's Traffic Consultant have been concerned about the potential traffic impacts of this development on Silver Star Road. The Staff and City's Consultant believe that certain road improvements will be necessary to mitigate the traffic impacts of this development. Some of these issues have been resolved with the most recent site plan submittal (including dedication of 10 feet additional road right-of-way for Silver Star Road). However, the plan still does not show a left turn lane into the site from Silver Star Road at the main entrance and a raised concrete median in the middle of Silver Star Road at the eastern entrance, which Staff believes are necessary improvements. The Developer's Traffic consultant has presented a traffic study for the proposed development. The Developer's position is that the findings of the traffic study and his discussions with FDOT representatives suggest that impacts of the proposed development are not significant enough to require the Silver Star Road improvements that Staff believes are needed (left turn lane and raised median). However, the City's Traffic Consultant still has some unresolved concerns regarding the traffic study's methodology and conclusions. Planning Staff has indicated to the Developer that, in spite of the unresolved traffic study issues, the Planning Staff believes that the left turn lane and raised median on Silver Star Road would likely be sufficient to mitigate the traffic impacts of the proposed development. The plans still do not include those improvements. Regarding the second proposed waiver for the materials used on the required 6 foot buffer wall (brick or split faced block), when the adjacent shopping center was built (east side of the railroad tracks), a brick buffer wall was constructed along its southern boundary. In almost all other cases, when commercial development (and even multifamily development) has been built adjacent to residential properties, a brick buffer wall has been constructed. This Developer is proposing to use split faced block instead of brick to construct the required 6 foot buffer wall. November 10, 2003 Honorable Mayor and City Commissioners Page 3 Code Provisions on Waivers FLDC Section 6-14(C) 2"d paragraph in the introductionl: The Ocoee City Commission, at its sole discretion, may waive provisions within the Ocoee Land Development Code, Ocoee City Code, and Commercial and Industrial Regulations within any project if it is: 1) Part of an integrated and master planned development; 2) Compatible with surrounding developments; 3) Imposes no impacts on City infrastructure greater than that created by other uses normally permitted in the underlying zoning district; and/or 4) Provides an off -setting public benefit which is technically sound and measurable. RECOMMENDATION: First Waiver — Paving Lee Street: There are still unresolved issues regarding the traffic study for the proposed development. The subdivision / site plan shows a dedication of 10 feet additional road right-of-way, but it does not show any improvements to Silver Star Road. However, the Planning Staff believes that a left turn lane at the main entrance and a raised median at the eastern entrance on Silver Star Road would likely be sufficient to mitigate the traffic impacts of the proposed development. Since there are still concerns about the required traffic study and no mitigating improvements are shown for Silver Star Road, Planning Staff believes there is not enough reasonable justification to support the proposed waiver to not pave Lee Street, based on the Land Development Code. Lacking sufficient justification for the proposed waiver, Planning Staff respectfully recommends denial of this proposed waiver to not pave and improve Lee Street. Second Waiver — Brick Buffer Wall: Since a brick buffer wall was constructed when the adjacent shopping was built and brick buffer walls have been constructed adjacent to residential properties in other cases, Planning Staff respectfully recommends denial of this proposed waiver to not construct a brick buffer wall, but a split faced block buffer wall instead. Attachment: Sheet C-5 of the Current M.I. Ranchito Site Plan O:\Staff Reports\2003\SR03117 CC.doc ZONED C-1 w z w Q w w ZONED R-T-1 Y RECREATION PARK, P.B. 6, PGS. 77-86 PIONEER KEY PARK SECTION 3, P.B. 10 PG. 110 360' f � 380' t � LOT 126 I 380.20' 353.00' ? EXIST. SHOPPING i BLUFORD AVE. CE TER ENTRANCE CON,. DRIVE aSPi!,A.i_T �RIV R/W I DIRT DRIVE DIRT DRIVE ASP`- ALT D, IVE R/W ASPHALT D WE I I DIRT DRIVE DI T DR VE ,I- - I FDOT R/W ASPHALT PAVEMENT FDOT INDEX 302 RAISE CONC. i — 4 CONCRETE SIDEWALK _- — T SEE DETAIL 4/C-10 TRAFFIC SEPARATOR E�L- 24" WIDE WHITE STOP BAR J --- - - -- {.J SILVER STAR ROAD S.R. 438 (809 R/W)_ _ _� _-- _._-__ _ 00 4 B_FLllI1D SlL1E1�►ALi� --- --- _.-� _..___ - -- r �:r•;E _ _ FDOT R/W ASPHALT PAVEMENT NEW 6 CONCRETE SIDEWALK -- --- --- (PAVED ROAD) (TU �,,,U LA STREET (PLAT) - _ SEE DETAIL _ _._ ___—. -- -- S D€TA1�-1"1�C-$— �- I � ID NEW 6 WIDE SOLID WHITESIGN 35'R RR Z - CROSS -WALK (TYP.) EDCE PAVEMENT r4g EASt1R -�' O' 50'R 10 DEDICATED R.O.W. � R/W Q �' NEW CONCRETE CURB & GUTTER (TYP.) T P W LINE 600.33' PLAT s8a o1.4 CME2s�BED) oRic;N , r ED ,/ '�� _ _ — i SEE DETAIL 14 C-8 35'R EXISTING R/W LANECt - R/W-- - - - - — _ - s - 40.0�-- �; n >: =-- • '-'_s.-- - - -------------- = �"` - _ :; �; '•, �' _ _ _ - - - ' - 72 00' 11.00' 8 ®9 72.00 NEW 4 WHITE ARKING 15 LA DSCAP BUFF STOP AND RIGHT TURN r ' 7 ® = 6 .00 8 CAD 9 I - - - 3.00 13 6 0 13 :'„ STRIPING (TYP.) �, • . l iul_ . r CONCRETE SIDEWALK .SEE DETAIL 11/C-8 p - o - s • 2.00 12.03 24" WIDE WHITE STO BAR J 8 9' 7 .00 4' BEHIND SIDEWALK / - - - - - - - --- _ 12 12 0 /5R 15R --- --- - ---------------5'R -5,R - Q -5R �1 ) - — — — — — — — — ; f , ' O I O , f w __--,----------- �' �, 5 R 5 R 5 R 5 --- I / � f — - - 5 R o 5 R 5 R t o � `' ' 1 .00' 9' 9 + 9' � � � 5'R 9' 9' 12.00' 5' 12. 15.00'9.0' 7 C� 9' = 63.00' 9.0' "- 7 C� 9' = 63.00 9.0 7 ®9' = 63.OQ / � E' I rn 7 7 9= 3 0 9.0 15.00 . 0 5 2 5 R cn co a Q J . I 1$.00 8.6 oo - 15 R ECE TAC E (T } w° i 15'R 5,R 15 R s �; o ST P 1 �;n • 7 t° -90 m 10 R f Q SIG 4 - 20.00 d cd I o a ® O o N 1 a o o 0 5'R 57.63'R 5 R Ll O`4- 1.,� � r �, W A vp)0 NOT EN ' r y �/ �.� ; r / / .:.�'� ; � , ��. , � /// :,'/I`/8 ,►',fir // / / r / ' ,f 4r,,/ / I/Iy/,,�. a WOO • i� �; • %i l ( NEW ASPHALT PAVEMENT Ck -_ —SEE DETAIL 7/C-8 Ak � " • NEW ASPHALTPAVEMENT - - — cl SEE DETAIL 1 • r r • r 1 10, 1 11 r • - .•• •• mma wk, *au;� -MAX I NOTE: coNc coNc AVEMENT DRIVE DRIVE 1. PROPOSED DEVELOPMENT WILL BE TWO LOTS WITH ONE OWNERSHIP, CONSTRUCTED IN TWO PHASES. LZONED R-1 2. RETENTION/DETENTION POND ALONG LEE STREET 6' HIGH MASONRY WALL FENCE TO BE CONSTRUCTED IN PHASE I. ' SEE DETAIL 18/C-8 3. 6' HIGH MASONRY WALL FENCE SHALL BE FROM I THE EAST BOUNDARY OF PROJECT TO 20' WEST WAIVER TABLE CODE SECTION CITATION CODE STANDARD PROPOSED STANDARD 1. SECTION 6-2(A)(5) EXISTING UNIMPROVED CITY R/W OR DIRT STREETS THAT ABUT OR BORDER NO IMPROVEMENTS TO LEE STREET SUBDIVISIONS SHALL ALSO BE PAVED/IMPROVED AT THE DEVELOPER'S EXPENSE. 2. SECTION 6-14(C)(2)(c)(iv) 6' HIGH BRICK SCREENING WALL WITH LANDSCAPING PER CODE REQUIRED. CONSTRUCT 6' SPLIT FACED MASONRY WALL TO MATCH WHERE COMMERCIAL PROJECTS ABUT RESIDENTIAL PROPERTY. BUILDING FACADE INSTEAD OF 6' BRICK WALL. JUSTIFICATION FOR WAIVER PROPOSED DEVELOPMENT DOES NOT IMPACT LEE STREET. NO ACCESS PROVIDED TO LEE STREET. REQUIRED WALL SEPARATES LEE STREET FROM SITE DEVELOPMENT. CONSTRUCT 6' SPLIT FACED MASONRY WALL TO MATCH BUILDING FACADE INSTEAD OF 6' BRICK WALL. LEE STREET 40' R/W SEPARATES SITE FROM RESIDENTIAL. f DESIGNED PM DRAM Pm CONSTRUI M.I. RANC��TO ARKE1 CHECK APPRAVED FO JQHN D. WE86 & ASSOCIATES, INC. hif i®We�rb�4 � i �W R... CT �10N ffo EL PP- ,4.A4-- fa 'WINTER PARK, FLORIDA 7 03 civic & ENVIRONMENTAL CONSLLTING ENO�Rs SILVER STAR RD.' OCO E' APPR'D. PROJECT- ENGINEER R G. PROF. ENGR. FLORIDA DATE - N0. DATE REVISIONS BY L RIDA OF PHASE I/PHASE II LINE, FOR PHASE I. THE REMAINING PART OF WALL SHALL BE CONSTRUCTED IN PHASE II. m DATE SITE DEVELOPMENT FLAN OCT., 2003 SCALE 1' = 309 ENGR'S. PROJECT M26-01 SHEET OF1® U-5