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HomeMy WebLinkAboutP&Z 07/10/07 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDA V, JULY 10, 2007 CALL TO ORDER Chairman West called the meeting to order at 7:03 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman West, Vice Chair Golden, Members Campbell, Conkling, Dillard, Morris, Rhodus, McKey, and Sills. Also present were City Attorney Palmer, Principal Planner Fabre, Community Development Director Wagner, and Recording Clerk Moseley. ABSENT: none. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, June 12, 2007. Member CamlJbe//, seconded bv Member McKev, moved to accept the Minutes of the June 12. 2007. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS None NEW BUSINESS FOUNTAINS WEST PUD - PRELIMINARY/FINAL SUBDIVISION PLAN AND PRELIMINARY/FINAL SITE PLAN FOR LOT 6 - PUBLIC HEARING Principal Planner Fabre stated the subject property is located on the northeast corner of the intersection of West Road and Ocoee-Apopka Road and showed a location map. He explained that this meeting was also presenting the Preliminary/Final Site Plan for Lot 6, which was the Publix shopping center. The property encompasses :.t: 43.03 acres of land of which :.t: 4.73 acres will be designated as wetland/conservation to be dedicated to the City. Additionally as part of the onsite wetland mitigation, 1.1 acre will be dedicated to the City as a Public Trail (Tract G). The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Principal Planner Fabre showed the boundary survey of the property and additional maps and exhibits. He discussed the dedicated right-of-way and the Planning and Zoning Commission Regular Meeting July 10,2007 proposed developer agreement that will be presented to City Commission tomorrow evening. He said that West Road will eventually be vacated and half will go to property owner while the other half to the City, Lot 7. He showed the final alignment, which he thought Orange County would be voting on next month and thought it was confirmed to start development. He anticipated the realignment construction would be done by August of next year. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (ORC) met on June 28,2007, and reviewed the Fountains West PUD. There were minor technical issues to be addressed from the City Attorney and Engineering Department that were identified in written staff comments and presented verbally. All of the issues were discussed and all changes to the "Plans" were agreed upon. The applicant proposed some revised changes to the "West Road Turnlanes" Development Agreement. Staff and the developer compromised and collectively agreed upon some of the revised changes. After discussion was completed, the DRC voted unanimously to recommend approval of the Fountains West Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan for Lot 6, subject to the changes discussed being made to the plans (date stamped June 13, 2007) and approval of the "West Road Turnlanes" Development Agreement. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Fountains West Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan for Lot 6, subject to resolving the last remaining issues addressed in the attached City Attorney's review memorandum and the Engineering Department review memorandum prior to the Pre-Construction Meeting for the project; and further, subject to approval of the "West Road Turnlanes" Development Agreement. Principal Planner Fabre stated the City Commission will meet on this tomorrow and those items will be taken care of administratively. DISCUSSION Member McKey asked about the West Road alignment being set up with Orange County. Principal Planner Fabre said he understood it was ready to be voted on. Member McKey asked about the COA's that were still questionable and if that was resolved. Principal Planner Fabre said those are mainly typographical 2 Planning and Zoning Commission Regular Meeting July 10,2007 errors or the wrong language from what the City wanted. City Attorney Palmer clarified that most items were already handled and some items are repetitive; however, most can be handled by the pre-construction meeting. Member McKey asked about the trail's ending point. Chairman West said it would probably continue on and meet up with the West Orange Trail. Principal Planner Fabre said it goes up to Tract 1 and will most likely connect at the time of development. Member McKey inquired about the lack of a tree survey and if they knew of any trees that could be saved within the parking area. Principal Planner Fabre showed the aerial map again and said the dark area will remain conservation. He said that he and the Community Development Director went out themselves to the area and did not see any significant oak trees that seemed worthy of preserving. He said there is a condition that the trees have to be preserved on some lots until the building permit was issued; however, they did not see any trees that seemed significant of preserving. Member McKey thanked the developer for saving some of that land for conservation. He also asked about cart corrals and if they were designed like they have at Wal-Mart; he felt those do not get used because of the way they are designed whereas the bushes hide them too much and it seems dangerous for women. Vice-Chair Golden asked about the 100 year flood plain around the property and if it comes up on wetland. Principal Planner Fabre said according to the FEMA map, there is no 100 year flood plan on site, just wetlands. During the review process they made sure their finished floors were above the calculated flood zone for that area. Vice-Chair Golden asked why we are going through a preliminary and final all at the same time. Principal Planner Fabre said the applicant has the right to go through both at their own cost and if there is a problem they will have to pay for it and fix it at their cost. He felt they could handle it. Vice-Chair Golden asked if they would see details of the outparcels or the church property at this time or were they too small to see at this date. Principal Planner Fabre said Lot 8, the church parcel, may come back to this board if the buildings and structures all add up to over 25,000 sq. ft. and are designated as Large Scale, then they will come back. Vice-Chair Golden inquired about restaurants serving alcohol and the required setbacks for that being near a church property and if that would be a problem. Principal Planner Fabre said there is a 1000 ft. required setback for a drinking establishment to be away from a church; however, restaurants may serve alcohol without being a pure drinking establishment. He did not think that rule would apply in this case because the alcohol sales would need to be over 50% and a restaurant would not fall into that category. 3 Planning and Zoning Commission Regular Meeting July 10,2007 Community Development Director Wagner said there was a condition of approval for that topic and the only thing that would be affected in that rule would be an actual bar, not a restaurant. Vice-Chair Golden inquired about the full cost for the turn lane and if the City's engineers have prepared an estimate. Community Development Director Wagner stated the City Engineer reviewed it and felt it was a reasonable amount of money. He explained that the developer was still responsible for the left turn lane and the dollar amount given will cover the right turn lanes. Vice-Chair Golden further inquired about the lack of a tree survey and stated his concerns. He asked that in the future they do require that a survey be performed. Chairman West asked if the trail would come down by the outparcel and what the width of it would be. Principal Planner Fabre said eventually when it connects to the West Orange Trail, people will be able to follow it into this development and buy some ice cream or something. Community Development Director Wagner added that the trail goes down to 10 feet because it is a neighborhood trail; however, the West Orange Trail is 14 feet wide. Community Development Directory Wagner said the City Commission has a special meeting for this project tomorrow night because of the time restraints and assured the board that the minor issues would be resolved administratively. The Public Hearing was opened for the Fountains West PUD. Hal Kantor, Attorney, said this has been a very long effort and the staff has been thorough with their reviews. He believes there are a few minor issues, but he is confident those will be resolved. His involvement has been mostly in connection with trying to resolve issues between Orange County, the City, and the developer for West Road to be constructed. He thought it was good for the client and the community, and Orange County was cooperative with them. Vice-Chair Golden inquired about the traffic going into Publix and the church traffic counts. Joe Kolb, VHB Engineer, said the two did not have the same peak hours so the numbers are small in comparison. Vice-Chair Golden asked about the landscape plans and was directed to the staff report for details. He inquired about the pond and wetlands, and whether they were expected to take care of the drainage from the church as well. Mr. Kolb said it is only expected to handle the outparcels; it has to do with the Lake Apopka rule and adds a lot of expense to the project. 4 Planning and Zoning Commission Regular Meeting July 10,2007 Vice-Chair Golden asked about the dry pond, opposed to a wet pond, and why they chose not to do a tree survey. Mr. Kolb said he thought there were only some trees they could truly saved and tree surveys are expensive to do. They did not feel as though it would be beneficial for such a small number of trees. Community Development Director Wagner said staff did an extensive survey of their own and drove all over the site. He said the aerial footage always make it look like a lot; however, there are many shrubs and pine trees and only few oak trees along West Road. He explained that the City's tree person does go out and mark trees they feel are worth saving, but very few are significant. Community Development Director Wagner said they can do a detailed staff report on that type of study in the future. Vice-Chair Golden mentioned the conditions 20-23, 24 regarding clearing lot ahead of time, and said they mostly refer to residential and this is commercial. He asked how that applies to commercial development. Community Development Director Wagner said on commercial sites it is easy to tell up front where the trees can be saved, whereas in a residential subdivision they cannot tell until the house is there what the configuration will allow. In commercial, the grading is set so they can tell early on and they were not worried about that with this site at all. Vice-Chair Golden had one last question about the cabbage palm trees and if there was any way to change those. Mr. Kolb said he did not mind working something else out with staff. Chair West said he likes the cabbage palms because they are more native to Florida and this area. Angela Stanley, HOA President of Vineyards Subdivision, spoke on behalf of her neighborhood. She stated the following concerns: (1) Traffic route of delivery trucks into the plaza during the night - concerned with loud noise while residents are sleeping. (2) Outparcellots on Ocoee-Apopka Road - concerned that there would be no public hearing on what will be filing those parcels and they were afraid a drinking establishment would go in and would stay open late at night. Chair West said they were not allowing any fast food chains on the outparcels and thought a bank would be going in. Hal Kantor said they did prohibit fast food because of those stated concerns. Community Development Director Wagner said there is a table of what would be permitted and fast food is not. He said a sit- down restaurant or retail store would be permitted and they do have two banks stating interest in the other two lots. He added that a sit-down restaurant with outdoor seating would be oriented toward the shopping center. Joe Kolb answered the question regarding the traffic routes. He said both West Road and Ocoee-Apopka Road could be used for trucks because both entrances 5 Planning and Zoning Commission Regular Meeting July 10,2007 lead to the back of the store. There should be no use for the middle entrance in front of The Vineyards. He said there is no opportunity for trucks pulling in back to turn around so they would need to go in one street and out another. Angela Stanley asked about the large truck brakes at the Ocoee-Apopka Road entrance waking people late at night. Another concern was for additional traffic lighting. Chair West said it would be too close to the light already there so that shouldn't be an option. Mark Brisson, resident of Vineyards Subdivision, said that he had a few additional concerns: (1) Many churches have daycares and schools and asked if that would be an issue. He thought with the high volume of traffic already on Ocoee-Apopka Road from the high school that there might be a restriction for the church on this. (2) Is there anything written into it as to how bright those lights would be at night or if it would shine into the neighborhoods after 10 p.m. (3) Progress Energy substation proposed on the South side of West Road - they have 3 residents on the South side and will anything be taking place on the South side of West Road. (4) He asked someone to explain where the entrance would be for the right and left turning lanes, for West Road or Ocoee-Apopka Road or both. Chair West said the daycare issue he is not sure of and it seems with the population in that area that it would be welcomed. Principal Planner Fabre mentioned that the developer did request for the use of a daycare. He added that when the church body comes in that they have to go through a preliminary/final site plan and that will be brought to Commission. At such time, they would look at traffic flows for a daycare facility. As far as lighting, he said they have worked with the developer to implement the correct lighting according to the code. The foot candle measurement is done on the ground and all lighting is shooting down and there will be no spill-over night pollution. He said they even include looking at the lights on the building and not only the posts. Principal Planner Fabre stated the project has many turn lanes and most are right and left into the project. He said the last thing they spoke of was the two right turning lanes coming into the project and the realignment. They have to make sure that realignment is the final and they all match up appropriately. He explained where all of the turn lanes would be. Chair West said Progress Energy was ready to go on West Road a year ago and nothing has happened yet. He said there is a 3 acre parcel along side that was 6 Planning and Zoning Commission Regular Meeting July 10,2007 owned by a gentleman, and a 5 acre parcel beside that was owned by another lady. There have been inquiries of a storage facility in that area but he doesn't know of anything else. Mark Brisson clarified if a Froggers or a Hooters type of restaurant would be permitted since they are actually sit-down restaurants. Chair West was not sure of that. Member McKey stated that many of these outparcels are small and don't come before the board; therefore, was there some way that neighbors would be notified of the establishment before it takes place. Community Development Director Wagner said there is no process of notifying them of small scale plans; however, if she leaves her name they can make an effort to contact her once someone comes in for these parcels. He said there is a requirement in this subdivision that there be no parking lots alongside the road, it must be green. So if an outside dining area were to come they would be pushed to the inside of the parking lot, and not the outside road facing their neighborhood. Jeanette Watson, 2103 West Road, asked where Publix would get their power from if Progress Energy is not there yet. Chair West assured her that Progress Energy would get it all done in time. The Public hearing was closed. Member McKev. seconded bv Member Sills. moved to approve the Fountains West Preliminary/Final Subdivision Plan and the Preliminary/Final Site Plan for Lot 6. based on the recommendation of the DRC and staff. as date stamped received bv the Citv on June 13. 2007. subiect to resolvina the last remainina issues addressed and attached to the attomev's review memorandum and the enaineerina proiect review. and further subiect to the approval of the West Road tumina lanes development aareement. Motion carried 8-0. with Chair West abstainina. Chair West completed a Memorandum of Votina Conflict form. MISCELLANEOUS Community Development Director Wagner announced that this project would go before City Commission tomorrow evening at 6 p.m. and he believed it would be a televised meeting. Chair West commented that staff worked really hard on this project and he believed it would be really nice for the citizens out that way. He had heard rumors of other nice things that might be coming to that area as well. PROJECT STATUS REPORT 7 Planning and Zoning Commission Regular Meeting July 10, 2007 None. ADJOURNMENT The meeting adjourned at 8:09 p.m. Attest: I 8 APPROVED: / vm� — THE BOARD, . oommmumwurxomn'oRcomwnTKcsN -- x/S��������op ` �� - L-�«'v x ~~ +�-�^ (� c/r/ ' c �mTY ucuUNTY oOTHER LOCAL AGENCY � �«^"~ ���p _ �� | NAME oppounmuauomv/mow: ��'�~—~—' | DATE owWHICH VOTE CFCURRE | wnPOSITION IS: o sLsorws )`APPOINTIVE WHO MUST FILE FORM 813 This form isfor use byany person serving atthe county, city, orother local level ofgovernment unanappointed melected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting onomeasure in which you have aconflict ofinterest will vary greatly depending nnwhether you hold an elective orappointive position. For this reeoon, please pay dono attention to the instructions onthis form before completing the reverse side and filing the form. A person holding elective mappointive county, municipal, or other local public office MUST ABSTAIN from voting onomeasure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this |ew. a "relative" includes only the officer's father, mother, mon, daughter, husband, *de, brother, sister, father-in1ew, mother-in-law, son-in-law, and daughter-in-law, A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed onany national orregional stock exohange). In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature ofyour interest inthe measure on which you are abstaining from voting; and WITHIN 15DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes ofthameeUng.whoahouNincorporate the form inthe minutes. APPOINTED OFFICERS: Although you must abstain from voting inthe situations described mbova, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made byyou o/atyour direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ^ You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes ofthe meeting, who will incorporate the form inthe minutes. (Continued unother side) CEFORM aB-EFF.1/2V0U PAGE APPOINTED OFFICERS (continued) ^ A copy ofthe form must beprovided immediately tothe other members of the agency. ^ The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ~ You must disclose orally the nature ofyour conflict \nthe measure before participating. ^ You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST |, 20 &mn��_�� : / ^ �-/�/7~�'�� ��^v[��� / .hambydiodooe�hedun �/ / ��� . , - . / (a7inured iUcome ba�nemyagency which �heokone) tomyopec\a|phvataQaino,)osu; — inured bzthe special gain orloss ofmybusiness associate, � — inured tothe special gain orloss ofmyrelative, � — inured tothe special gain orloss of .by whom |amretained; or ___ inured tothe special gain orloss of .which iuthe parent organization orsubsidiary ofnprincipal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 110 ') Date Filed / / ' Signature _ / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO iTrIArE ART REQ4ME—n—DLSC-AjaSt1RE— CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.