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HomeMy WebLinkAboutP&Z 03/13/07 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MARCH 13,2007 CALL TO ORDER Chairman Golden called the meeting to order at 7:01 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Golden, Vice Chair McKey, Members Campbell, Morris, Rhodus, Sills, and West. Also present were City Attorney Palmer, Community Development Director Wagner, Planning Manager Armstrong, Senior Planner Howell, Principal Planner Rumer and Deputy City Clerk Sibbitt. ABSENT: Members Dillard and Conkling were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, January 9,2007. Member West. seconded bv Vice Chair McKev. moved to accept the Minutes of the January 9, 2007, Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS None NEW BUSINESS The Public Hearing was opened for the Special Exception. TUTOR TIME - SPECIAL EXCEPTION Senior Planner Howell stated the proposed Tutor Time Child Care Facility is located on the east side of Clarke Road, approximately one-quarter mile north of SR SO/Colonial Drive, adjacent to the proposed Dynasty Gallery and Collectibles Store. The subject property is approximately 1.15 acres in size, zoned C-2 (Community Commercial), and is currently vacant. The surrounding land uses have Future Land Use and Zoning of Commercial. Upon submission of the site plan, the applicant was notified that a Special Exception is required in the C-2 zoning district for child care facilities, and the Special Exception is required to be obtained prior to the site plan approval. The Planning and Zoning Commission Regular Meeting March 13, 2007 site plan that was submitted by the applicant details a 12,000 square foot child care facility on the subject property with a +/-7,000 square foot play area located to the rear of the property. The play area will be enclosed with a 6-foot high decorative, aluminum fence, which will be buffered with various plant materials. Upon conclusion of the first review of the site plan, the applicant indicated the amount of parking required per the Land Development Code was more than what is normally needed for a child care facility, and subsequently requested a waiver to allow a lesser amount of parking. Staff requested a contingency plan demonstrating additional parking can be provided in accordance with the retail parking requirements of the LDC, in the event the site is ever converted into a retail space. The parking waiver will be presented separately to the City Commission. During consideration of the Special Exception request, the proposed use was considered in relation to the compatibility with the surrounding land uses. The existing Tutor Time child care facility is located in the Lake Olympia shopping center, which is located at the intersection of Clarke road and Silver Star Road. This intersection is one of the City's preeminent commercial nodes, and the use is compatible with the surrounding commercial uses in this location. Based on this, the use is anticipated to be compatible with the surrounding commercial uses in the proposed location. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on February 28, 2007, and reviewed the Special Exception application. The DRC voted unanimously to recommend approval of the Special Exception for Tutor Time child care center. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Special Exception for the Tutor Time child care center. DISCUSSION Vice Chairman McKey inquired about the traffic pattern. Senior Planner Howell stated traffic would be coming from Clarke Road. Vice Chair McKey further stated he has concerns about traffic congestion since a child care is a lot like a school and concerns with the parking space requirement. Senior Planner Howell addressed the parking issue and stated that the code requires 65 parking spaces and the plans provided for this project also provides 65 parking spaces. He further stated the play area will be additional parking spaces. Community Development Director Wagner addressed the issue on traffic congestion and stated that there is an existing full left turn access point. He further stated most of 2 Planning and Zoning Commission Regular Meeting March 13, 2007 the traffic would be going south in the morning so they would make a left turn and the northbound traffic in the morning should not be too heavy. The access points were established when the property was platted. Community Development Director Wagner also advised the board that the developer will be asking the City Commission to act on two waivers and the offsetting public benefit is that the owner is going to be dedicating an additional 12 feet of right-of-way to the City out on Clarke Road. Mark Johnston, 1501 E. Silver Star Road, addressed earlier questions regarding traffic issues by stating that Tutor Time is open at 6:30 a.m. and not everyone drops their child off that early. He further stated they are not on a typical school schedule. Chairman Golden inquired as to what the peak time was for drop-offs. Mr. Johnston stated their peak time is between 8:30-9:30 a.m. Chairman Golden then inquired as to what it was like in the afternoons. Mr. Johnston stated parents might pick their child up between 2:30-6:30 p.m. He further stated they have 200 kids with approximately 75-100 cars spread out in a 3-4 hour period. Chairman Golden inquired if there was an island division between Clarke Road and the entrance access to Tutor Time. Senior Planner Howell stated he knows there is a median in the middle of Clarke Road which limits one access to right in and right out; you can not go across to enter. The main point of access for the development is a full access opening. The Public Hearing was closed for the Special Exception. Member Rhodus, seconded bv Member Campbell, moved to recommend to the Citv Commission approval of the Special Exception for Tutor Time child care center. Motion carried unanimouslv. AMENDMENT TO THE LAND DEVELOPMENT CODE Planning Manager Armstrong announced that for this item the Planning and Zoning Commission would be acting as the LPA to make advisory recommendation to the City Commission. She further stated the City is proposing an amendment of the Land Development Code regarding Proportionate Fair- Share Mitigation. In 1985 Growth Management was created to establish concurrency, which the City of Ocoee has been utilizing for roadway and other services within the City. In 2005 the Legislature updated the Growth Management Act to a "Pay as You Grow" concept which included Proportionate Fair- Share and would allow for a developer to establish concurrency on roads if they contribute any form of money, land, or other developer provided offset benefits to the City to mitigate their impact on the roadway. Planning Manager Armstrong further mentioned that the roads 3 Planning and Zoning Commission Regular Meeting March 13, 2007 that are impacted in order for the Proportionate Fair-Share to be applied have to be on the Capital Improvements Plan (CIP). Nick Lepp, Renaissance Planning Group, gave a brief PowerPoint presentation presenting the proposal of adopting an ordinance for completing a Proportionate Fair-Share attached to the Concurrency Management System. His PowerPoint Presentation highlighted the following key points: . Provides a mechanism for developers to satisfy concurrency requirements and move their projects forward by paying their proportion of their impacts on the roadway system. . Proportionate Fair-Share Mitigation will be a part of the concurrency section in the Land Development Code as a subset and will only apply to projects in the Capital Improvements Program. . Utilizes planning areas which divides the City into two sections: North IPA and South IPA. . Maximizes the Proportionate Fair-Share by applying impacts to a planning area. DISCUSSION Member West inquired if this was better or worse for the developer than what was allowed before. Mr. Lepp stated it is better for the developer because they can move a project forward that the City has already identified as funding and they can pay their proportionate on it without having to pay for the whole widening. Member West inquired as to when this ordinance would go into effect. Mr. Lepp stated after they present it to the City Commission it will be sent to the State; they are hoping for adoption in April. Chairman Golden inquired if this would apply to all projects in the CIP such as utility, roads, or recreational facilities. Mr. Lepp stated that currently this would only apply to transportation. Community Development Director Wagner stated that the lists of Capital Improvements are going to be very minor. He further stated they still retained the old system in the new ordinance of meeting concurrency mitigation the same why it was done before. It is a state mandated change and they did leave it as close to the model ordinance but they did leave some room for negotiations with the developers. The ordinance will be an add-on to the current Concurrency Manual. Chairman Golden inquired if the City Attorney has reviewed the ordinance. City Attorney Palmer stated that City Attorney Rosenthal has reviewed the most recent ordinance and prepared a set of comments: Chairman Golden inquired about the cost formula and methodology. Mr. Lepp stated the cost formula and methodology are from the Capital Improvements Program which would be the cost developed for that project and would be then certified by the Engineer. A brief discussion ensued regarding the cost formula. 4 Planning and Zoning Commission Regular Meeting March 13, 2007 The Public Hearing was opened for the Amendment to the Land Development Code. As no one wished to speak, the Public Hearing was closed for the Amendment to the Land Development Code. Vice Chair McKey, seconded bv Member Rhodus, moved to recommend approval of an amendment to Article 9, Land Development Code, creatina proportionate fair-share mitiaation on transportation corridors for the Citv of Ocoee. Motion carried unanimouslv. McCULLY ANNEXATION AND REZONING Principal Planner Rumer stated the subject property is located on the west side of Adair Street, 155 feet north of Vignetti Park. The total size of the parcel is +/- 0.8 acres. The applicant is requesting a City of Ocoee zoning designation of R-1 (Single Family Dwelling). The R-1 zoning designation is consistent with the adopted Future Land Use Designation of Low Density Residential. Urban services will be provided by the City of Ocoee via water mains located on Adair Street. The parcel is currently vacant and the proposed use is for two single-family residences. DEVELOPMENT REVIEW COMMITTEE On February 28, 2007, the DRC met and recommended approval of the annexation and rezoning of the McCully/Adair Street parcel as presented. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation of the +/-0.8 acres of land known as the McCully/Adair Street parcel, and rezoning to "R-1" Single- Family Dwelling District. DISCUSSION Member West inquired if the lots were wide enough to divide and have access on the road. Principal Planner Rumer stated they will be flag lots. Chairman Golden inquired if this lot was an enclave. Principal Planner Rumer stated the City is across the street. He further stated they are excited to bring sewer to that side of the road to help out future properties. The Public Hearing was opened for the McCully Annexation and Rezoning. As no one wished to speak, the Public Hearing was closed for the McCully Annexation and Rezoning. 5 Planning and Zoning Commission Regular Meeting March 13, 2007 Member Morris, seconded bv Member West, moved to recommend approval of the annexation of the +/-0.8 acres of land known as the McCullv/Adair Street parcel, and rezonina to "R-1" Sinale-Familv Dwellina District. Motion carried unanimouslv. WEST 50 COMMERCIAL SUBDIVISION - ANNEXATION AND REZONING Senior Planner Howell stated the subject property is a vacant +/-2.25 acres and is located east of SR 429 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a four lot commercial subdivision on the subject property and the property to the north, which is currently in the City and zoned C-3 (General Commercial). The surrounding uses to the south and west consist of road right-of-ways for the Florida Turnpike and State Road 429. The property to the north is vacant and has a Future Land Use Designation of Commercial and a zoning designation of C-3. The property to the east is in unincorporated Orange County and has a Future Land Use Designation under the JPA of Commercial; that property consists of 12 single-family residences. The subject property is contiguous to the City limits on the north therefore, eligible for annexation per state statutes. The developer will be required to enter into an annexation agreement with the City which will require for the developer to construct the project road with a 60-foot wide of right-of-way. The annexation agreement requires the project road to be completed and dedicated to the City as a public roadway prior to the issuance of Certificate of Completion for the subdivision improvements. Additionally, the annexation agreement requires that the developer extend sanitary sewer lines to the property from the existing point of connection on the north side of SR 50, and places limits on the types of uses that can be developed on the property. The applicant has requested the zoning designation of C-3 (General Commercial). DEVELOPMENT REVIEW COMMITTEE The DRC met on March 7, 2007, and recommended approval of the annexation of the West 50 commercial Subdivision subject to the execution of the Annexation and Developers Agreement. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission recommend approval of the Annexation and Rezoning of the West 50 Commercial Subdivision subject to the execution of the Annexation and Developers Agreement. 6 Planning and Zoning Commission Regular Meeting March 13,2007 DISCUSSION Chairman Golden inquired if the parcel currently had access or if they were going to build the road into it. Senior Planner Howell stated the project road that he mentioned will be the point of access. The Public Hearing was opened for the West 50 Commercial Subdivision - Annexation and Rezoning. Member Rhodus inquired as to location of the subject property and was informed as to where the property was. The Public Hearing was closed for the West 50 Commercial Subdivision - Annexation and Rezoning. Member Campbell, seconded bv Vice Chair McKey, moved to recommend approval of the Annexation and Rezonina of the West 50 Commercial Subdivision subiect to the execution of the Annexation and Developers Aareement. Motion carried unanimouslv. WEST 50 COMMERCIAL SUBDIVISION - PRELIMINARY/FINAL SUBDIVISION PLAN Senior Planner Howell stated the subject property is practically combined with the southern half and is +/-12.24 acres in size and located on the south side of SR 50, north of the Florida Turnpike, east of SR 429. The Preliminary/Final Subdivision Plan proposes the construction of infrastructure for a four lot commercial subdivision. It will be accessed via an access road with a 60-foot right-of-way width leading from SR 50. The terminus of this road will be at the eastern property boundary. Per the annexation agreement the road must be completed and dedicated prior to the issuance of the Certificate of Completion for all subdivision improvements. The 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. 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. The annexation agreement places limits on the types of uses that can be developed on the 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 an upgraded architectural design, a car wash provided it is an enclosed automated type with 7 Planning and Zoning Commission Regular Meeting March 13, 2007 architecturally upgraded design, and drive-in restaurants excluding those that would be typically considered "fast-food" such as McDonald's, Burger King, Wendy's, Hardee's and Checkers. The applicant has requested three waivers to the Land Development Code, which will be presented separately to the City Commission. The first of the waivers 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 allow this requirement to allow a 10-foot utility easement within this buffer. The second waiver 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 designs. The third waiver that is being 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. The applicant has justified this request since they will be providing sign face for the property owner to the east who will be utilizing the access road that the owner will construct through the property to gain access from SR50. Staff supports all waiver requests except for the request to Section 6-14C(4)(a). The applicant has justified this request by stating it will attract nationally recognized and desirable commercial uses further inside the City's economic development goals. This requirement is the most important component of the upgraded Land Development Regulations. The property will be incorporated as part of the CRA, which is anticipated to have more stringent architectural development guidelines then the current Land Development Code. A waiver granted from this requirement will set a precedent which will allow future commercial developments to design buildings in a manner that is contrary to the requirements of the Land Development Code, and will seriously affect the value of the commercial stock in the City. DEVELOPMENT REVIEW COMMITTEE The DRC met on March 7, 2007, and reviewed the Preliminary/Final Subdivision Plan. The applicant was notified of outstanding concerns on the plans from the Planning Division, the Engineering Department, and the Legal Department, and the City's Transportation Planning Consultant. DRC voted unanimously to recommend against approval of the waiver to the architectural requirements and voted unanimously to recommend approval of the Preliminary/Final Subdivision 8 Planning and Zoning Commission Regular Meeting March 13, 2007 Plan date stamped March 6, 2007, subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan for West 50 Commercial Subdivision subject to the items listed in the staff report being incorporated into the final plans prior to the plans being presented to the City Commission. The Public Hearing was opened for the West 50 Commercial Subdivision - Preliminary/Final Subdivision Plan. DISCUSSION Member West stated that they represent the citizens and this is one area where they are not listening to the citizens. He further stated he thinks they need to be more flexible if they plan to bring in restaurants into the area. Senior Planner Howell stated the Code is not asking for everyone to put up tile roofs but they are asking for consistent and cohesive architectural style. Chairman Golden inquired if the board is looking at the waivers. Community Development Director Wagner stated they can consider the waivers since it is a Final Subdivision Plan. Chairman Golden further inquired why staff recommended approval without calling out the waiver that they are against. Community Development Director Wagner stated it is in the attorney's attachment where the DRC voted against the waiver. Member Morris stated he agrees with Member West that they need to negotiate better if they are going to get nationally recognized restaurants in the area. Member Morris further inquired as to what the use was for the property on the east. Senior Planner Howell stated it has been conveyed to the Planning Department that the use would be a hotel or possibly a restaurant. Vice Chairman McKey stated he is against all three waivers and is curious on how the first waiver interacts with the overlay plan. Community Development Director Wagner stated the first waiver does not get rid of the 25-foot buffer, what it says is that they are allowed to have a 10-foot easement within it. He further explained the request from the applicant and how it would not affect the look of the 25-foot landscape buffer. Scott Glass, Representative for the applicant, addressed the question regarding the first waiver to the buffer and stated that there will be a 25-foot landscape buffer. He also briefly explained the sign waiver and his request for the extra square footage. Mr. Glass explained he has several contracts for their parcels and has met with several staff members on how they can come up with a cohesive architectural theme that would include a Hampton Inn, Cracker Barrel, and Self 9 Planning and Zoning Commission Regular Meeting March 13, 2007 Storage Unit. Mr. Glass stated he wrote the waiver as narrowly as possible, in which City Attorney Rosenthal approved the waiver at the last meeting. He further stated he would like to see restaurants such as a Chili's, Cracker Barrel, or Orlando Ale House in the area; however he has never seen a Cracker Barrel with a tile roof or a Hampton Inn with wood siding. Chairman Golden stated he is a little confused with the applicant's waivers since it states that they would like to be consistent with individual end users and at the same time shall have a cohesive and consistent style. Mr. Glass stated what the waiver means is that they will have a cohesive and consistent style to the extent that the end users are not end users like Cracker Barrel that have a nationally recognized architecture building, all others will have to be consistent. City Attorney Palmer stated he would like to address Mr. Glass' prior statement that City Attorney Rosenthal approved of the waiver and provide clarification to the board regarding the extent of City Attorney Rosenthal's review of the waiver language and that Mr. Glass' statement that City Attorney Rosenthal approved the waiver was not entirely accurate. Mr. Glass stated he did not wish to allow City Attorney Palmer to continue to speak if was going to lie since Mr. Palmer was not present at the meeting in which City Attorney Rosenthal was present. Chairman Golden addressed Mr. Glass informing him that City Attorney Palmer could finish his statement. City Attorney Palmer stated that he was briefed by City Attorney Rosenthal prior to the meeting regarding his review of the waiver language. City Attorney Palmer stated that Mr. Rosenthal had reviewed the language and advised City staff that the language in the requested waiver accurately described the objective that the applicant was trying to achieve and that there was no way to revise the language so as to both satisfy City staffs objection to the waiver and still accomplish the objective that the applicant was trying to achieve. City Attorney Palmer further stated that Mr. Rosenthal's statements should not be construed as any type of City approval of the waiver language, but rather an explanation of the effect of the language proposed by the applicant. Mr. Glass stated he would like to reiterate that City Attorney Palmer was not at the meeting. Thomas Skeleton, Project Engineer, answered questions regarding the concerns of DRC and stated that before they go before the City Commission all the comments will be addressed and plans will be revised. Chairman Golden inquired about the removing of trees, in which Mr. Skeleton stated they removed trees in the areas where the greatest grade changes occurred. He further explained the grading that would be done to lot 3 and how it had to be designed for the 100-year storm plan. Further discussion ensued regarding the trees and landscaping on the development. Chairman Golden stated he would like for the Engineer to add to sheet five of his plans, protection barriers and a note to say that the tree protective barriers must be erected prior to construction 10 Planning and Zoning Commission Regular Meeting March 13, 2007 commencement and maintained until grading/paving is complete. Mr. Skeleton stated he would comply with this request. Allan Aksell, adjacent parcel owner, stated he is in agreement with the road that will be developed and how it will affect his property in a positive way. He further stated they as well are trying to attract nationally recognized businesses. Gary Bryant, 2002 Lauren Beth Avenue, stated the City of Ocoee seems to have an attitude and feels it is o.k. for Ocoee residents to have to go to Clermont or Pine Hills to eat at restaurants. He further explained how it is the City's loss. The Public Hearing was closed for the West 50 Commercial Subdivision - Preliminary/Final Subdivision Plan. Member Campbell stated it is very seldom that he goes against recommendations of staff but he agrees with Member West that they are limiting the ability of allowing nationally recognized restaurants into the City. He further stated he feels this is one time that they need to put the residents of Ocoee before the architectural look recommendation and is in favor of all three waivers. Member Morris stated he agrees with Member Campbell and is also in favor of all three waivers. Member Rhodus stated she also agrees with the other members. She further stated there has to be a way where they can work around this. Member Sills stated he also agrees that they need to approve all three waivers and as well commends the Planning Department for all the work they have done for the City of Ocoee. Member West stated he is also in favor of all three waivers. He also commends Community Development Director Wagner for the work he has done in the City of Ocoee. Chairman Golden stated he can not support the waivers and feels the developer should have worked with the City a little better. He further stated this is against our LDC and he does drive to other Cities to eat but he also likes to come home to Ocoee where it does not look like east Hwy. 50 or west Hwy. 50. He further stated that this could set a precedent to change the code of the City and they should be careful about voting on waivers that could give a loop hole to other developers. He further briefly explained his feelings for not supporting the waiver on architectural requirements. 11 Planning and Zoning Commission Regular Meeting March 13, 2007 Vice Chair McKey had no comment. Member West, seconded bv Member Sills, moved to recommend approval of the of the West 50 Commercial Subdivision Preliminarv/Final Subdivision Plan and that waiver number 2, as shown thereon. be aranted, subiect to and conditioned upon all items listed in the staff report or attachments thereto beina incorporated into the final plans prior to the plans beina presented to the Citv Commission except for anv item listed in the staff report or attachments thereto that would reauire or suaaest waiver number two be removed from the plans. Motion carried 5-2 with Chairman Golden and Vice Chair McKey opposina. MISCELLANOUS Community Development Director Wagner stated he feels several issues were blown out of proportion and their whole strategy for the updated Land Development Code is to create a better environment for the citizens that will promote economic development and make Ocoee stand out. He also stated for the next several months the board will actually see a lot more projects coming in. Community Development Director Wagner stated he will be doing a presentation regarding future growth at the next April City Commission meeting and will also present it before the Planning and Zoning Commission. A brief discussion ensued regarding future projects that will be coming into the City. ADJOURNMENT The meeting adjourned at 9:03 p.m. APPROVED: 12