Loading...
HomeMy WebLinkAboutP&Z 10/09/07 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, OCTOBER 9,2007 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, Dillard, McKey, Morris, and Rhodus. Also present were City Attorney Palmer, Community Development Director Wagner, Senior Planner Howell, Principal Planner Fabre, Principal Planner Rumer and Deputy City Clerk Sibbitt. ABSENT: Members Conkling and Sills (excused) were absent. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, July 10, 2007. Member Dillard. seconded bv Member McKev. moved to accept the Minutes of the Ju/v 10. 2007. P/annina and Zonina Commission meetina. Motion carried unanimous/v. OLD BUSINESS None NEW BUSINESS ARDEN PARK SOUTH - PRELIMINARY/FINAL SUBDIVISION PLAN Senior Planner Howell stated the subject property is located on the south side of Clarcona-Ocoee Road, approximately 500-feet west of the intersection of Clarke Road and Clarcona-Ocoee Road. The subject property is approximately 95.52 acres in size. The Preliminary/Final Subdivision Plan proposes the construction of infrastructure for a 157 lot single-family detached subdivision. The property slopes downward toward Lake Meadow and exhibits significant topographic relief. Per the requirements of the PUD, the minimum lot sizes are 55-feet by 125-feet, and 85-feet by 125-feet. The 55-foot lots will have a front setback of 20-feet, side setback of 7.5-feet, and a rear setback of 25-feet. The 85-foot lots will have a 25- foot front yard setback, 10-foot side yard setback, and a 25-foot rear yard setback. All streets in this phase of the Arden Park PUD will be private, with the road network contained in tracts that will be owned and maintained by the homeowners Planning and Zoning Commission Regular Meeting October 9, 2007 association. This phase of the development will. be gated, and will have two access points. The primary access point will be located on the northern portion of the property that is adjacent to Clarcona-Ocoee Road. This access point will line up with the main access point of the northern phases of the Arden Park PUD and will consist of a boulevard style road with two, two-Ianed sections. The second access point will be provided along the southeastern property line. This access point will connect to an access road that will be constructed by the developer which will lead to Clarke Road. The developer has committed to saving many existing trees on site. Areas of the western portion of the site and community park are within limited grading areas. All road rights-of-ways within these areas will be mass graded, with each lot graded on a lot by lot basis to allow for tree protection. There are several no- grading or equipment storage areas in the western portion of the development and in the community park where all existing trees will be targeted for preservation. Furthermore, the developer has agreed to allow trees located in the rear of lots 24-29, 16-19,45, and 46-48 to be evaluated in the field on a lot by lot basis even though they are located in mass grading areas. The developer has agreed to preserve all specimen trees in the vicinity of the isolated wetland on the northwestern portion of the site by relocating the retention ponds further from this area. Additionally, the developer has agreed to design the main retention pond around two Live Oak trees that measure 42-inches in diameter. The developer has designed the community park by utilizing a geo-grid system with natural plantings, rather than a retaining wall system where possible to help protect the preserved trees in the community park. Per the requirements of the PUD, a replacement schedule of 4 to 1 will be utilized for those trees 24- inches and above that cannot be preserved. The extreme range of topography on the site has presented challenges in grading and designing the site. The contrast in elevation has required the developer to utilize stem walls, retaining walls, and grading tracts to achieve a balanced grading plan as possible throughout the site. The Preliminary/Final Subdivision Plan proposes several common elements for this phase of the development. The first of these elements is a community park. A picnic area, playground, and walking path will be provided within the park. The other major common element that will be provided is a walking path around the portion of the property that is adjacent to Lake Meadow. This path will be in a 10- foot tract that will be owned and maintained by the homeowners association with an easement granted to the City. The path will be part of a master path that will be constructed around the entire perimeter of Lake Meadow per the City's Comprehensive Plan. In addition, the developer will convey to the City a portion of 2 Planning and Zoning Commission Regular Meeting October 9, 2007 Lake Meadow that is on the subject property, and the wetlands of Lake Meadow that are within the boundaries of the subject property. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on September 26, 2007, and reviewed the Preliminary/Final Subdivision Plan for Arden Park South. It was discussed that the radius at the cul-de-sac at Street "C" should be increased to allow for better movement of garbage trucks around this cul-de-sac. The DRC voted unanimously to recommend approval of the Preliminary/Final Subdivision Plan subject to the change that was discussed, and subject to the resolution of all outstanding items being satisfied prior to the request being scheduled for City Commission approval. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff recommended that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan for Arden Park South; subject to the outstanding staff comments being resolved and incorporated into the plans prior to City Commission action. DISCUSSION Member McKey asked for Mr. Howell to go through the waiver tables. Senior Planner Howell stated there are no waivers requested, it states in the staff report that these waivers were permitted as part of the PUD and the waiver table was put in the subdivision plan to just show that they had waivers from the PUD. Member McKey stated he was still concerned about the erosion protection which is one of the waivers. Senior Planner Howell stated he thinks that the waiver is to enhance the wetlands around Lake Meadow. They are providing a wetland and restoration plan which helps get rid of invasive species. Vice Chair Golden asked if Senior Planner Howell could explain waiver #7 (Historic and Specimen Tree Waiver). Community Development Director Wagner stated he believes that was in recognition that there could be certain areas where there could be historic trees to preserve. Historic trees would be anything over 36 inches and most of the oak trees on site are in the 6-8in range. He further stated he is confident they have saved most of the trees that they could. Vice Chair Golden stated he is impressed with the plans and he feels that staff, along with the developer, did figure out ways to save the trees. Chairman West inquired about the timing on the sidewalk. Community Development Director Wagner stated they do know they are actively underway on the portion from Clarke Road east and they should be starting on that portion in 6 months or so. Chairman West further inquired about the second access and whether it was in Ocoee. Community Development Director Wagner stated it is not and they are going to do their best to negotiate with the property owner to secure that right-of-way, but they may 3 Planning and Zoning Commission Regular Meeting October 9, 2007 need to do a condemnation. Member McKey asked, concerning the sidewalks, if there was any consideration on what is going to be done for the adults and children wanting to cross over the intersection to the trail. Community Development Director Wagner stated the problem with a crosswalk on a major intersection is you will need a signal to be put out there. There are not any plans right now to put a signal out there but it will most definitely need to be added in the future. The Public Hearing was opened for Arden Park South - Preliminary/Final Subdivision Plan. Rebecca Furman, Representative for the applicant, thanked staff and stated, as to the roads, they are currently working with the County. She further stated she thinks in about two years they will have the road completed. The Public Hearing was closed for Arden Park South - Preliminary/Final Subdivision Plan. Member CamlJbell. seconded bv Vice Chair Golden. moved to recommend approval of the Preliminary/ Final Subdivision Plan for Arden Park South (Proiect # LS-2006-00B); subiect to the attached staff comments beina resolved and incof/Jorated into the plans prior to Citv Commission action. Motion carried unanimouslv. O'DONNELL PROPERTY - REZONING FROM R-1 TO C-2 Principal Planner Rumer stated the subject property is located on the north side of W. Franklin Street, 300 feet east of the intersection of Ocoee Apopka Road and W. Franklin Street. The parcel size is 7,875 sq. ft. or .18 +/-acres. The property is designated as Commercial on the Ocoee Comprehensive Plan's Future Land Use Map (FLUM) and the Joint Planning Area (JPA) Land Use Map. The requested rezoning to C-2 (Community Commercial) is consistent with the FLUM and the JPA Land Use Map designations. The site is located in a platted residential subdivision known as Grace Park. The Plat was recorded in 1926. The area contains a mixture of single-family residential dwellings and commercial uses. All remaining single-family properties that contain a Future Land Use of Commercial are considered legally non-conforming. The parcels on the north side contain single-family residences. Commercial buildings and uses are located on the west side. To the east, the parcel is vacant. On the south side is W. Franklin Street and a vacant parcel and a church outreach building. 4 Planning and Zoning Commission Regular Meeting October 9, 2007 The applicant owns the parcel to the west and has recently remodeled it. The applicant intends to combine both properties and rent out a portion of the remodeled office as an insurance office and use the remaining space and property for short term vehicle storage. STAFF RECOMMENDATION Based on the existing Future Land Use designation and the trend of commercial uses, staff recommended that the Planning & Zoning Commission recommend approval of the rezoning to "C-2" Community Commercial. DISCUSSION Member Morris inquired about the vehicle storage and if there were any restrictions on what type of vehicles and what it meant by short term. Principal Planner Rumer stated he does not believe there is a definition in the LDC for vehicle storage or which type. It just states that vehicle storage is permitted in C-2. Member Campbell inquired if that meant they could put boats, RVs, motor homes, etc. Tim O'Donnell, owner of property, stated he owns an export company and they export cargo all over the world. He has been in business in Orlando for over 25 years. He does not store motor homes and the use of the property is strictly for his business. Mr. O'Donnell stated the situation is they were looking for the restrictions on Automotive Sales or Dealer License for the property and for his use only with no retail sales ever. His intent is to have a small insurance agency lease out the front office. He further stated he is never at the property since he is usually traveling. The majority of his vehicles do not come to Orlando they are shipped out to other ports. Vehicles that will be put there are for his use and the majority of the vehicles come from the FL Auto Auction and will be there for 3-4 days only. Member Dillard stated in looking at the plans he does not see any lighting. Mr. O'Donnell stated he is having an electrician come out to look at the property for a small light. Member Dillard inquired as to how many cars they expect. Vice Chair Golden stated he sees the parking lot is fenced and grassed but the City has certain landscaping requirements. Mr. O'Donnell shared current pictures of the property which showed new oaks trees and plants around the property. He further explained the pervious material that was used for the driveway. The Public Hearing was opened for the O'Donnell Properly - Rezoning from R-1 to C-2. As no one wished to speak, the Public Hearing was closed for the O'Donnell Properly - Rezoning from R-1 to C-2. 5 J Planning and Zoning Commission Regular Meeting October 9, 2007 Vice Chair Golden. seconded bv Member Morris. moved to recommend approval of the rezonina from "R-1" Sinale-Familv Dwellina to "C-2" Communitv Commercial. Motion carried unanimouslv. VILLA ROMA - PRELIMINARY SUBDIVISION PLAN Principal- Planner Fabre stated the subject property was located on the southwest corner of Hackney Prairie Road and Clarke Road. The existing land use to the east is residential single family & town home developments zoned Medium Density PUD, and to the south there is a townhome/single-family residential development currently being developed zoned Medium Density PUD. To the north is an unincorporated parcel (+/- 36 acres) which is heavily treed and currently undeveloped, zoned (Orange County) A-1. The Future Land Use designation for the subject site is "Medium Density Residential" which allows up to 8 dwelling units per acre. The Preliminary Subdivision Plan proposes a total of 52 town home units on approximately 21.13 acres. As customary, the wetlands (Tract "E"), approximately 6.39 acres, will not be developed and will ultimately be dedicated to the City. The proposed amenity package consists of a swimming pool, pool cabana, tot-lot and off-street visitor's parking. Off-site improvement proposed for the project is a northbound left turn lane on Clarke Road for traffic entering into the site and a southbound turn lane (striping only) to better facilitate traffic entering Westchester residential development. The plans also indicate a 25 feet wide of road right-of- way being dedicated on the north side. This new right-of-way will be utilized for a Hackney Prairie Road extension, access into the subject site and future access to the property to the north. The applicant will be dedicating a 10 feet wide recreational trail along the northern property line in order to have access to the lake and an 8 feet wide sidewalk along the project frontage. The Developer has indicated that due to grade changes they are unable to save any trees on the site. They would prefer to replace the protected trees at a 4 to 1 ratio instead of providing a tree saving program for the site. Staff has commented on this issue throughout the subdivision review process. There will be a 6-foot brick wall with appropriate landscaping on both sides of the entrance with the wall extending northward along Clarke Road and westward along Hackney Prairie Road new right-of-way. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) reviewed the Villa Roma Preliminary Subdivision Plan on September 26, 2007. There were several minor technical issues to be addressed from the City Attorney's Office and Planning Division that 6 Planning and Zoning Commission Regular Meeting October 9, 2007 were identified in written staff comments and presented verbally. All of the issues were discussed and changes to the plans were agreed upon. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff recommended that the Planning and Zoning Commission recommend approval of the Villa Roma Preliminary Subdivision Plan date stamped received by the City on October 2,2007. DISCUSSION Member Campbell stated he is curious as to what will happen with the Hackney Prairie extension; would that be non-gated? Principal Planner Fabre stated it would not be gated and would be a public right-of-way. Vice Chair Golden inquired if the 100-year flood plain coincides with the conservation line on the Future Land Use Map. Principal Planner Fabre stated it does have some relationship to it. He further explained that there were some flood zones that were also taken into consideration when the Future Land Use Map was laid out. Nevertheless, if the development does develop close to the flood zone designated conservation area, then they will ask for an environmental assessment to make sure they stay off the wetland and flood zones. Further discussion ensued regarding the 1 OO-year flood plain and the requirements to develop within it. Vice Chair Golden stated, as far as meeting the Land Development Code requirement for tree replacement, he did the math and does not see the developer meeting the 4:1ratio that staff is requesting. He wanted clarification on how staff would recommend approval on something that did not meet the LDC requirements. Principal Planner Fabre stated they did agree to the 4:1 ratio replacement for the trees; however, the plans before then are preliminary and not final plans so they would need to make sure to have it done by FSP. Detailed landscape plans are not required for preliminary subdivision plan approval. The Public Hearing was opened for the Villa Roma - Preliminary Subdivision Plan. Chad Linn, Representative for the applicant, stated they were told they did not have to provide a full landscape plan because this was preliminary. They did provide a concept plan and a color rendering to illustrate their intentions. He further stated due to the removal of the trees they are doing a 1:1 ratio. Mr. Linn stated they are allowed a lot more units but are only approving the 52 homes because that is all they could fit on the site with providing adequate stormwater, retention, tot lot, and pool. Member Morris inquired if he could explain what he meant by the fact that they could put more units out there. Mr. Linn corrected himself by stating the PUD allows for more units then they can provide on that site. Vice Chair Golden stated they just heard from Arden Park (who is doing a good job of saving a lot of trees) and they have the same topographic that this 7 Planning and Zoning Commission Regular Meeting October 9, 2007 development has and is located on the same lake. He further inquired as to why they did not try to save more trees and work with staff the way Arden Park did. Mr. Linn stated it is tough to compare the two projects since Arden Park is quite larger than their subdivision and the majority of his land is wetland which is going to be dedicated to the City. Brief discussion ensued regarding the trees that could have been saved and the developer not meeting the LDC. The Public Hearing was closed for the Villa Roma - Preliminary Subdivision Plan. Member McKey stated he knows that staff and the developers worked hard on this project, but in all honesty he feels this land would be better dedicated to the City as a public recreation and green space. Member Morris stated he agrees with Vice Chair Golden about the developer not working hard enough to save trees. Vice Chair Golden stated he feels the board should recommend denial until these plans are up to code with the LDC. Chairman West stated he feels it must meet something if staff recommends approval. He further stated he agrees with the tree situation; however, this is a small property and it does have a lot of constraints. Member Campbell inquired from Community Development Director Wagner if they are in compliance with everything they have asked for. Community Development Director Wagner stated the trees have repeatedly been an issue in all the staff reports; however, they were told by the developers that they could not save trees. He further stated he did inform the developers that it would be up to the Planning Commission to approve the plans. The plans have been around for a long time but as the developer realized that he would be unable to get the 88 units he had to try to get as many units on the site to make the project economically viable. Community Development Director Wagner stated it was a very tough site and truthfully there is not a way to save very many trees. Vice Chair Golden. seconded bv Member McKev. moved to recommend denial of the Villa Roma - Preliminarv Subdivision Plan based on its lack of compliance with the Land Development Code and would like to make that recommendation to the Citv Commission. Motion carried 5-2 with Chairman West and Member Campbell opposina. INGRAM ESTATES - FINAL SUBDIVISION PLAN Principal Planner Fabre stated the property is located on the southeast corner of the intersection of Ingram Road and McCormick Road. The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre and the zoning is "R-1AA". The surrounding land to the north is in unincorporated Orange County. 8 Planning and Zoning Commission Regular Meeting October 9, 2007 The Final Subdivision Plan proposes 95 single-family residential lots on approximately 33.5 acres. As shown in the Final Subdivision Plan, Ingram Estates will be developed in one phase, and will include an amenity package of a pavilion (600 square feet), volleyball court, picnic area and a tot lot. Ingram Estates will have one access point from Ingram Road and one additional future connection to the property to the east. This subdivision will not be gated. There will be a 6-foot brick wall with appropriate landscaping on both sides of the entrance, with the wall extending northward along Ingram Road to the north boundary of the subdivision and eastward along McCormick Road to the east property boundary. Along with the usual road and utility improvements, the documents indicate that the property owner will provide 10 feet of additional road right-of-way on the south side McCormick Road for the projected road widening. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) reviewed the Ingram Estates Final Subdivision Plan on September 26, 2007. The DRC discussed the items in the review memorandums from the City Attorney's office, Engineering Department and the Planning Division. The developer agreed to make all the requested changes. The Engineering Department had one outstanding issue. It was requested that the potable water be fed into the site with two connections in order to create a proper loop system and to provide additional water pressure for fire suppression. The developer agreed to coordinate with Orange County to provide another water feed into the site. When the discussion was finished, the Committee voted unanimously to recommend approval of the Final Subdivision Plan, subject to making the changes agreed upon at the DRC meeting before the Ocoee Planning & Zoning Commission meeting. *After subsequent submittal and review, the Final Subdivision Plan for Ingram Estates (date stamped October 4, 2007) addressed most of the outstanding issues discussed at DRC; however, the Engineering Department still has several minor comments that will need to be resolved prior to City Commission Meeting. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff recommended that the Planning and Zoning Commission recommend approval of the Final Subdivision Plan for Ingram Estates, as date stamped received by the City on October 4, 2007, subject to resolving the last remaining issues addressed in the attached Engineering Department review memorandum prior to the City Commission Meeting. 9 Planning and Zoning Commission Regular Meeting October 9, 2007 DISCUSSION Member McKey inquired about the sidewalks. Michael Azzarella, Representative for the applicant, stated they will be providing a 5ft sidewalk the whole length of their subdivision along McCormick and Ingram Road. Member McKey further stated in two years a school will be put there and he was wondering if a sidewalk would be put going south on Ingram Road or is there going to be a crosswalk. Community Development Director Wagner clarified as to what intersection Mr. McKey was referring to and stated he has not received any plans from the school yet but their entrance will be from the road that leads into the cemetery on Ingram. There will be a crosswalk but it will have to be integrated in. Vice Chair Golden stated he does appreciate that they are saving trees but when you look at the survey for the landscape plan it is very hard to see what they' are saving. Mr. Azzarella stated on the landscape plan a tree identified with a circle around it, is one of the preserved trees. Brief discussion ensued regarding the trees and the inspection required before development starts. The Public Hearing was opened for the Ingram Estates - Final Subdivision Plan. As no one wished to speak, the Public Hearing was closed for the Ingram Estates - Final Subdivision Plan. Member McKey. seconded bv Member Dillard. moved to recommend approval of the Final Subdivision Plan for Inaram Estates (Project #LS-2005-001), as date stamped received bv the Citvon October 4. 2007. subject to resolvina the last remainina issues addressed in the attached Enaineerina Department review memorandum prior to the Citv Commission Meetina. Motion carried unanimouslv. AMENDMENT TO THE MEADOW RIDGE PUD - IMPERVIOUS SURFACE Principal Planner Fabre stated the Meadow Ridge PUD is located at the southeast quadrant of the intersection of Maguire Road and Moore Road. The City Commission, on March 7, 2006, reviewed and approved the Final Subdivision Plan for the residential portion of Meadow Ridge PUD. After construction started, the home builder noticed that, due to their home product design and the size of the lots, the addition of a typical size swimming pool would exceed the maximum 50 percent impervious surface development standard for the PUD. Accordingly, the applicant has requested an increase of the maximum allowable impervious area for all residential lots. Specifically, the applicant is requesting to change the previously approved maximum impervious area of 50% for each lot to an average impervious area of 58% for all lots in the subdivision. Principal Planner Fabre provided several additional handouts that were given to him that evening. He explained that at the DCR meeting the original request had a lot of the lots going to 65% impervious surface so they brought that concern to the applicant. He further stated the applicant agreed to work with staff and they lowered some of the 10 Planning and Zoning Commission Regular Meeting October 9, 2007 percentages and now have an average of 57% impervious surface. Community Development Director Wagner explained to the board how important the impervious surface percentage is to a subdivision since the engineer has to know ahead of time how much coverage there will be since that is how they design their entire stormwater management system. He further stated if they go over that percentage then there is going to be flooding. He briefly explained the handouts were reviewed by the City's Engineer and there is a staff member present from the Engineering Department should anyone have questions. Community Development Director Wagner stated they are confident that the new percentage will not cause any drainage problems. Further discussion ensued regarding the lot coverage. The Public Hearing was opened for the Amendment to the Meadow Ridge PUD - Impervious Surface. Harry Strange, 1177 ih Avenue, stated he lives directly across from the Meadow Ridge Subdivision. He further stated he has lived in that area for many years and there has been a lot of flooding due to another subdivision that was built slightly north of him. Mr. Strange stated the development in question is beautiful and will enhance his property, but he is concerned about flooding. He further expressed his concern on the soil and inquired if anyone has looked at it after it was put in to make sure it perks down like it is supposed to. John Townsend, Engineer for the subdivision, stated the soil types are taken into account. He further stated they took soil from the pond and they made sure it was suitable for construction and met all code requirements. He further explained everything will flow south to Lake Down. Brief discussion ensued regarding the soil. The Public Hearing was closed for the Amendment to the Meadow Ridge PUD - Impervious Surface. Member Dillard. seconded bv Member Rhodus. moved to recommend approval of the Substantial Amendment to the Conditions of Approval for Meadow Ridae PUD (Project #LS-2005-011) to permit an averaae 58% impervious ratio for all residential lots per the Meadow Ridae maximum lot impervious area percentaae table (handed out at the meetina). subject to final verification bv the Citv Enaineer that the computations are consistent with the approved SJRWMD stormwater permit for the project. Motion carried unanimouslv. 11 Planning and Zoning Commission Regular Meeting October 9, 2007 MISCELLANEOUS Chairman West inquired as to what the November Planning & Zoning Meeting looked like as far as projects coming before the board. Community Development Director Wagner stated he thinks there may be 1-2 projects but he is not sure. He further stated a huge amount of development is proposed on West Road near the Fountains West project, as well as development further south by the Plantation Grove area and Meadow Ridge Commercial. On highway 50 the Texas Roadhouse Steak restaurant is under construction. ADJOURNMENT The meeting adjourned at 8:56 p.m. elanie Sibbitt, Deputy City Clerk APPROVED: ~{J~ Milton West, Chairman Attest: 12