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HomeMy WebLinkAboutItem #14e West 50 Commercial Subdivision Preliminary/Final Sub. Plan center of GOOd L . ~ AGENDA ITEM STAFF REPORT Meeting Date: May 15, 2007 Item # 14- e Contact Name: Contact Number: Bobby Howell \)\-\. 407 -905-3100/1044 Reviewed By: Department Director: City Manager: Subject: West 50 Commercial Subdivision Preliminary/Final Subdivision Plan Project # LS-2006-005 Commission District 3 - Rusty Johnson ISSUE: Should the Honorable Mayor and Commissioners approve the Preliminary/Final Subdivision Plan for the West 50 Commercial Subdivision, and grant three waivers from the Land Development Code. BACKGROUND: The West 50 Commercial Subdivision is approximately 12.24 acres in size and is located on the south side of SR SO/Colonial Drive, north of the Florida Turnpike, and east of SR 429. The Preliminary/Final Subdivision Plan proposes the construction of infrastructure for a four lot commercial subdivision. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zonina Classification Existina Land Use North Commercial General Commercial Manheim's Auto Auction, and an (C-3) Automobile Sales Lot that is currently under construction. East Commercial Orange County Twelve Single-Family residences Aaricultural (A-1) South None, road riQht-of-wav None, road riQht-of-wav Florida Turnpike West None, road riaht-of-wav None, road riaht-of-wav SR 429 DISCUSSION: The Preliminary/Final Subdivision Plan for West 50 Commercial Subdivision will be accessed via an access road with a 50-foot right-of-way width leading from SR 50. The terminus of this road will be at the eastern property boundary. This road will serve as the point of access from SR 50 for the property to the east at the time it develops. Per the Annexation and Development Agreement with the City, the road must be completed and dedicated prior to the issuance of a Certificate of Completion for all subdivision improvements. A second point of access from SR 50 has been proposed approximately 290-feet east of the access road. This point of access will be provided between Lots 2 & 3 and is shown as a cross-access easement on the plans. The subdivision plan details the construction of a master retention/detention pond that will serve all four lots in the development. The pond will be contained within a 2.20 acre tract that will be dedicated to and maintained by a yet to be established Property Owners Association. A 10-foot wide landscape buffer consistent with the rear and side yard buffer regulations as prescribed in the Land Development Code has been provided around the perimeter of the retention pond. Site and buffer landscaping for each lot will be required at the time that each lot develops. Per the Annexation and Development Agreement, the developer will provide a lift station in a tract that will be dedicated to the City. The lift station will serve the proposed development and the property to the east at the time it develops. The Annexation and Development Agreement limits the types of uses that can be developed on the subject property. Uses such as: automobile sales, equipment sales, mobile home, travel trailer sales, and motor vehicle wholesales are prohibited on the subject property. The Annexation Agreement permits uses such as: self-storage warehouses provided it is a climate controlled structure with architecturally upgraded design, a car-wash provided it is an enclosed automated type with architecturally upgraded design, and drive-in restaurants excluding those that would be typically considered "fast-food" such as McDonalds, Burger King, Wendy's, Hardees, and Checkers. WAIVER REQUESTS: In order to proceed with review of the Preliminary/Final Subdivision Plan, the applicant has requested three waivers from the requirements of the Land Development Code. Below is a discussion of three waivers that are being requested. The first waiver that is being requested is to Section 6-14C(2)(b)(i), which requires a minimum of a 25-foot landscape buffer along SR 50. The applicant seeks a waiver to this requirement to allow a 10-foot utility easement within this buffer due to a condemnation of right-of-way by FDOT (Florida Department of Transportation) on a portion of the property along SR 50. One of the four criteria to justify the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. To justify the waiver request, the applicant has conveyed to FDOT a portion of their property along SR 50 as future right-of-way. The second waiver that is being requested is to Section 6-14C(4)(a), which requires buildings and principal structures to have a cohesive and consistent style. This section of the Land Development Code requires a master architectural theme for commercial subdivisions in the City. The applicant seeks a waiver from this requirement to allow buildings and principal structures to be designed consistent with individual end users commonly and nationally recognized architectural designs. One of the four criteria to justify the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. To justify this request, the applicant has stated relief from this requirement will assist in attracting nationally recognized and desirable commercial uses to this location in furtherance of the City's economic goals. The third waiver the applicant has requested is to Section 6-14C(5)(h), which requires shared ground to be limited to 70 square feet for two users, and to 100 square feet for three or more users. The applicant has requested a waiver to this requirement to allow a 72 square foot sign for two users, and a 108 square foot sign for three users. One of the four criteria to justify the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. To justify the waiver request, the applicant has agreed to allow the property owner to the east to utilize the access road that will be constructed through the subject property for access to SR 50 since FDOT will not grant a point of access to SR 50 for this property in order to minimize the number of curbcuts along SR 50. Staff supports all waiver requests except for the request to Section 6-14C(4)(a). It is staff's opinion that this request is written so broadly that it would allow design of the buildings in the proposed development that do not have to adhere to the architectural design guidelines of the Land Development Code. All commercial subdivisions that have been developed in the City since the adoption of this regulation have provided a common architectural theme. Examples of this can be seen in the Olympia PUD, where all commercial buildings have a Mediterranean theme. Most importantly, this waiver would limit Staff's ability to negotiate upgraded architectural features with end users thereby creating a poor precedent for other development within the CRA corridor along SR 50. These requirements have not precluded nationally recognized end users from developing in the City. 2 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on March 7, 2007 and reviewed the Preliminary/Final Site Plan. The applicant was notified of outstanding concerns on the plans from the Planning Division, the Engineering Department, and the Legal Department. The applicant was also notified of several outstanding issues of concern on the traffic study from the City's Transportation Planning Consultant, which has not been finalized to date. No additional concerns were addressed, and the DRC voted unanimously to recommend against approval of the waiver request to 6-14C(4)(a) regarding architectural requirements, and voted unanimously to recommend approval of the Preliminary/Final Site Plan date stamped March 6, 2007, subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on March 13, 2007 and considered the proposed Preliminary/Final Subdivision Plan for the West 50 Commercial Subdivision. Staff's presentation encompassed elements of the Preliminary/Final Subdivision Plan, and brought to the attention of the Planning & Zoning Commission the waiver request to eliminate the requirement for a consistent and cohesive architectural design for the proposed subdivision. Discussion ensued among the members of the Planning & Zoning Commission regarding grading and tree protection measures, and the waiver request to the architectural design requirements. A consensus was reached among the members of the Planning & Zoning Commission to require the developer to add details of tree protection barriers to Sheet 5 of the Preliminary/Final Subdivision Plan, and to have the tree protection barriers erected prior to construction. In addition, the Planning & Zoning Commission stipulated that these barriers must be maintained on site until grading and paving is complete on the site. The Planning & Zoning Commission recommended 5-2 in favor of all waivers being requested, and recommended not to exempt the waiver request to the architectural design requirements from the waiver requests. Following the discussion in regards to the waiver to the architectural design requirement, the Planning & Zoning Commission recommended approval of the Preliminary/Final Subdivision Plan contingent upon the applicant adding tree protection barriers to Sheet 5 and contingent upon the applicant erecting tree protection barriers prior to construction and maintaining said barriers until such time that paving and grading activities have been completed on the site. The plan was approved through a 5-2 vote. STAFF RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commissioners approve the Preliminary/Final Subdivision Plan for the West 50 Commercial Subdivision, including approval of the waiver requests to Section 6-14C(2)(b)(i) allowing a 10-foot utility easement in the landscape buffer along SR 50, and Section 6-14C(5)(h) allowing increased copy area for the signage along SR 50, subject to the attached comments from the Engineering Department. Staff recommends the Honorable Mayor and City Commissioners deny the waiver request to Section 6-14C(4)(a), which would exempt this project from providing cohesive and consistent architectural design for this subdivision. ATTACHMENTS: Location Map Future Land Use Map Surrounding Zoning Map Preliminary/Final Site Plan of West 50 Commercial Subdivision, date stamped, April 20 2007 Engineering Department comments dated April 24 2007 3 FINANCIAL IMPACT: None. TYPE OF ITEM: (please mark with an "x") X Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deat Use: _____ Consent Agenda Public Hearing _____ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) 4 N/A X N/A N/A West 50 Commercial Subdivision Location Map ~ N ERP ISE I ~ ? rn ~ EJ ... \l5 .~ I --I II I , I I' HI J ~r \ I, ~T I Y \ C~PI~OL.' .\~ ~\ I 1 III H l I \ -\ STO~~JJ I~ Ii 1___1 cl It II I ~ Ilc l~ ! Ir~)lc. FLORIDAS TURNPIKE ON RP N FLORIDAS TURNPIKE e TOMYN ~ I I Q Ocoee Community Development Department 1 inch equals 899.609680 feet 290145 0 290 580 870 Feet Printed: March 2007 C Subject Property ~ Unincorporated Territory L.I...UJ and Other Municipalties Low Density Residential Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains Recreation and Open Space _ Public Facilities/Institutional Lakes and Water Bodies West 50 Commercial Subdivision Surrounding Future Land Use Map _J _1[_ I I 1--" -- T-~l 1\Jt 1 [- ~ ~ (tl ~ Ej .l> ~ FLORIDAS TURNPIKE ON RP N MARSHALL FARMS FLORIDAS TURNPIKE LOR ~ West 50 Commercial Subdivision Surrounding Zoning Map Q Ocoee Community Development Department 1 inch equals 1,000 feet 340170 0 340 680 1,020 Feet Printed: March 2007 C Subject Property ftrn Unincorporated Territory I""l;J,JJ and Other Municipalties Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) Single-Family Dwelling (R-1A) Single-Family Dwelling (R-1) One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) .. Commercial (PUD) ~ Low Density (PUD) l1li Medium Density (PUD) l1li High Density (PUD) _ Public Use (PUD) /' // Unclassified Lakes and Water Bodies ~ ~ rn ;Xl o b ... ~ FLORIDAS TURNPIKE Mayor S. Scott Vandergrift center of Good L' . <\.~e 1~11f- Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 City Manager Robert Frank West 50 Commercial Subdivision - Preliminary/Final Subdivision Plan Large Scale Site Plan Engineering Department Comments April 24, 2007 The following are the results of your submittal for the above referenced project. If you have any questions pertaining to the requested information, please contact our office. 1. Resolved 2. (Repeat Comment) The stormwater calculations indicate the 100yr storm elevation to be 122.80'. The outfall structure front view indicates the top of grate to be 123.00. This difference does not provide one foot of freeboard. The elevation of the control structure grate should be set at the 100-year storm elevation with 1 foot of freeboard provided between the grate elevation and the top of the pond. Currently the plans show that the berm does provide 1 foot of freeboard over the 100-yr storm, however, the storm structure grate elevation should be at the 100-yr flood elevation and not the top of the berm. 3. (Repeat Comment) Use the actual proposed FDOT SR 50 widening plans as the base file on the Offsite Utility Plan. Include all proposed stormwater structures and pipes from the FDOT SR 50 widening plans onto the Offsite Utility Plan in order to avoid potential conflicts from the forcemain placement and the proposed location of FDOT utilities. It appears that the current design avoids any conflicts with the proposed FDOT SR 50 widening project as currently designed. Based on the two current designs how is it proposed to guarantee that there will be no conflicts when the FDOT SR 50 widening Project is being constructed? Engineering Department Ryan P. Howard, E.!. Engineer II City ofOcoee' 150 N Lakeshore Drive' Ocoee, Florida 34761 Phone: (407) 905-3100' Fax: (407) 656-8504. www.ci.ocoee.fl.us