Loading...
HomeMy WebLinkAboutP&Z 12/11/07 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, DECEMBER 11, 2007 CALL TO ORDER Chairman West 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 West, Members Campbell, McKey, Morris, Rhodus, and Sills. Also present were City Attorney Palmer, Community Development Director Wagner, Senior Planner Howell, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair Golden was absent unexcused and Members Conkling and Dillard were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, November 13, 2007. Member Sills. seconded bv Member CamDbell. moved to accept the Minutes of the November 13. 2007. Plannina and Zonina Commission meetina. Motion carried unanimous/v. OLD BUSINESS None NEW BUSINESS WEST RV & BOAT STORAGE - LARGE SCALE PRELIMINARY/FINAL SITE PLAN Chairman West announced he would be abstaining from voting on this item due to this being his son's property and it being a conflict of interest. He will participate in the discussion but will not be voting. Senior Planner Fabre stated the subject property is located on the west side of Ocoee-Apopka Road, across from the West Orange Girls Club and is approximately :1:9.85 acres in size. The Development Agreement was approved for the subject property by the City Commission on November 18, 2003, which provides conditions for the development. Future Land Use designations to the north, east, and west are Low Density Residential and to the south are Light Industrial. Planning and Zoning Commission Regular Meeting December 11, 2007 The Preliminary/Final Site Plan proposes a storage area consisting of approximately 206 spaces for boats and recreational vehicles. This area will be fenced off from the remaining portions of the site. It will consist of a 720-square foot modular office building. A portion of the property on the south side is reserved for future development. In accordance with the requirements of the Development Agreement for this property, a 30-foot wide cross-access easement is being provided by the developer along the frontage of the property. This easement will allow connectivity to the properties to the north and south at the time they develop. Additionally a 30-foot section of right-of-way will be dedicated along Ocoee- Apopka Road to the City of Ocoee and the drainage and pathway easement will be dedicated along the western portion of the property. A bicycle path will be constructed by the City in this easement in the future. During the review process, the applicant indicated to staff a desire to amend several sections of the Development Agreement. These requests include amendments to Sections 4, 6(C), and 7(8). Section 4 requires the developer to construct raised median separators at his own expense to accommodate the large auto and truck traffic that is anticipated to access this development. Section 6(C) requires the developer to install drainage pipes and enclose the existing drainage ditch adjacent to Ocoee-Apopka Road. The owner desires to delete the two sections mentioned above from the Development Agreement. Section 7(8) requires the developer to connect to sewer lines or a lift station in accordance with the City's utility master plans. The owner desires to amend the above mentioned section of the Development Agreement to permit a septic tank for the property until such time that the City's sewer service is available to the property. At such time sewer service is available; the owner will discontinue use of the septic tank and remove it from the property. Staff supports these amendments for this use only and believes these sections of the agreement should be applicable if a different or more intense use was to be developed on the surrounding properties or this parcel. Additionally, it was conveyed to the applicant that Section 3 of the Development Agreement requires the conveyance and dedication of land along Ocoee-Apopka Road to allow for the construction of right and left turn lanes leading into the development. This section of the Development Agreement requires the developer to construct the turn lanes at his own expense. It was indicated to staff that the developer would desire to amend this section of the Development Agreement to remove this requirement. Staff feels that this section of the Development Agreement is essential to ensure safe turning movements of large auto and truck traffic that will be assessing this site from Ocoee-Apopka Road. Deleting this requirement could potentially increase the risk of accidents in the vicinity of this 2 Planning and Zoning Commission Regular Meeting December 11, 2007 project, and could cause the potential for unwarranted traffic congestion on Ocoee-Apopka Road, since the large vehicles accessing the development will necessitate more time and maneuvering area than a conventional automobile. The applicant has requested five waivers from the requirements of the Land development Code to proceed with the development of this project. The applicant has justified all five waiver requests by dedicating 30-feet of right-of-way along the portions of the property along Ocoee-Apopka Road. The waivers are as follows: 1. Section 6.14.C (3) (a) of the LDC - requires shade trees to be a minimum of 3 to 3.5 inches diameter breast height. Applicant has requested a reduction of this requirement to reduce size of the required shade trees in the rear portion of the site to a size ranging from 1 to 1.5 inches diameter breast height based on reasoning that this area of the site is isolated from the public in a gated secure area. 2. Section 6.14.C (2) (b) (1) of the LDC - requires 25-foot wide landscape buffer along Ocoee-Apopka Road. Applicant has requested to reduce buffer to 15-feet in width in exchange for planting 75% of the buffer area with shrubs and groundcover. 3. Section 6.14.C (2) (c) (1) of the LDC - requires 3 understory trees per 100 lineal feet in landscape buffers that are required between parcels. Applicant is requesting a waiver to this requirement to eliminate the required understory trees in the rear portion of the site based on reasoning that this area of the site is isolated from the public in a gated secure area and will have shade trees provided. 4. Section 6.14.C (2) (d) of the LDC - requires 1 tree to be provided for each 4 parking spaces provided on site. Applicant is requesting an elimination of this requirement in the parking area for the RV's and boats based on reasoning that this parking area will consist of grass, not asphalt. 5. Section 6.14.C (2) (m) (iv) of the LDC - requires all electric, cable, and telephone lines located on-site and internal roadways to be buried underground. Applicant is requesting a waiver to this requirement to allow the existing electric, cable, and telephone lines along Ocoee-Apopka Road right-of-way to remain above ground based on estimates that conclude under grounding these utilities are cost prohibitive related to construction of this project. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on November 28, 2007, and reviewed the Preliminary/Final Site Plan, and to consider the request to amend the Development Agreement for the subject property. The applicant was notified of outstanding concerns on the plans from the Renaissance Planning Group, 3 Planning and Zoning Commission Regular Meeting December 11, 2007 Planning Division, the Engineering Department, and the Legal Department. Additionally the Police Department made the suggestion that the gate on the south side of the entrance to the storage area should be shifted further south to allow for additional turnaround area for vehicles that may not be able to access the site in certain circumstances. The DRC then considered the applicant's request to amend the sections of the Development Agreement. The DRC voted to support the amendment to Sections 4, 6, and 7(B) for this project only, and stipulated that if a different or more intense use was to be developed on the surrounding properties or this property, then these sections of the Development Agreement would be applicable. The DRC voted not to support the request to amend Section 3 based on concerns that this requirement is essential to ensuring safe turning movements of the large auto and truck traffic that will be accessing this site from Ocoee-Apopka Road. The City's traffic Consultant has recommended that a left turn lane be constructed on Ocoee-Apopka Road at the project entrance for safety reasons. DRC voted unanimously to recommend approval of the Preliminary/Final Site Plan date stamped November 29, 2007, including all five waivers, subject to the satisfaction of the outstanding concerns being resolved prior to the plans being presented to the City Commission, and subject to the property being developed in accordance with Section 3 of the Development Agreement. The DRC additionally recommended that the amendments to Sections 4, 6, and 7(B) are for this use only, and stipulated that if a different or more intense use was to be developed on the surrounding properties or this property, then these sections of the Development Agreement would be applicable. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff recommended that the Planning and Zoning Commission recommend approval of the Preliminary/Final Site Plan for West RV & Boat Storage, including all five waiver requests, subject to the satisfaction of the outstanding concerns being resolved prior to the plans being presented to the City Commission, and subject to the property being developed in accordance with Section 3 of the Development Agreement. Additionally, staff recommends approval of the amendments to Sections 4, 6, and 7(B) are for this use only, and if a different or more intense use was to be developed on the surrounding properties or this property, then these sections of the Development Agreement would be applicable. DISCUSSION Member McKey stated on the waivers he noticed DRC approved all five waiver requests and he wanted to know the basis on why they approved the 1 st and 3rd waivers. Senior Planner Howell stated he believes they approved those waivers 4 Planning and Zoning Commission Regular Meeting December 11,2007 based on part because of the area in which the trees are going to be planted; they will be planted behind a gated portion of the site and the public is not going to be able to access that area. Additionally, the applicant is also dedicating a 30-foot right-of-way section to the City. Member McKey further inquired if DCR approved the turn lanes. Senior Planner Howell stated the DCR recommended that Section 3 be applicable. Member McKey inquired what total length of the vehicles would be able to access the property. Senior Planner Howell stated the applicant's representative is present to answer those questions. The Public Hearing was opened for West RV & Boat Storage - Preliminary/Final Site Plan. As no one wished to speak, the Public Hearing was closed for West RV & Boat Storage - Preliminary/Final Site Plan. Member Campbell stated it appears they have conflicting expert opinions and he would like for someone to explain the reason for the conflict. Nick Lepp, Renaissance Planning Group, stated his comments on the turn lanes were based on two parts: 1) Orange County's Code requires for any project where the speed might be over 45mph or the volume per day is over 5000 vehicles that a turn lane is required and 2) The vehicles will be slow moving RV vehicles or trucks pulling a trailer which require a larger distance to get into the site; so they would request for safety purposes to reduce rear end accidents that the vehicles be out of the travel area and not block traffic. Member McKey inquired if they assumed the length of the vehicles during their analysis. Mr Lepp stated their analysis just assumes the greater percentage of a vehicle so they do not take into account the exact length of the vehicle. Member Rhodus inquired about the speed limit on that road. It is 45 mph. Chairman West stated this project received their permit from Orange County without the turn lane being put in. He further stated if their code required the turn lane as Mr. Lepp had mentioned earlier, then why would they have issued the permit. Mr. Lepp stated he does not understand their reasoning as well. John Kirby, Kirby Engineering, stated the biggest problem he has with the report is that he has a County permit and he was told the turn lane was not warranted. He further stated putting in a turn lane would add another conflict to the roadway that is not currently there. Chairman West inquired if there was an issue with the ditch and not being able to construct a turn lane. Mr Kirby stated that was correct and explained that they have constraints with the Girl's Club, which only has 26ft of right-of-way on their side. Member Sills inquired if sometime in the future when the south portion is developed and it gets where the traffic count is higher, then what would happen if the road had to be widened. Mr. Kirby stated as it is recommended in some of the waivers and amendments to the original development agreement there is recognition that there is a lot less use for 5 Planning and Zoning Commission Regular Meeting December 11, 2007 the project then what was originally anticipated; so he would say if there was a more intense use for the project, then they would need a turn lane. Member Rhodus inquired if they could address the lighting and what type would be used. Mr. Kirby stated a recommendation was made by staff to put lighting closer to the entrance and they have agreed to put that on the plans. Member McKey again inquired about the length of the vehicles that would be accessing the site. Mr. West stated a boat max of about 40ft and vehicles should be less than 50ft. Member Sills stated as an RV owner he knows the longest motor coach you can get into any park is 45 feet and sometimes people attach a trailer, which can bring the length to about 65 feet. He further stated most parks that have assigned him a spot do charge by the foot. Member McKey inquired why they were reducing the size of the trees. Mr. Kirby stated as it was explained by the planner the public would not be able to see them. He further stated the waiver is not intended for the road frontage or side of the property. Senior Planner Howell stated the trees planted in the frontage will meet code. Member McKev. moved to recommend aPfJroval of the Preliminary/Final Site Plan for West RV & Boat Storaae. includina all five waiver reQuests. subject to the satisfaction of the outstandina concerns beina resolved prior to the fJlans beina presented to the Citv Commission. and subject to the property beina develofJed in accordance with Section 3 of the DevelofJment Aareement which reQuires the convevance and dedication of land alona Ocoee-Apopka Road to allow for the construction of riaht and left turn lanes leadina into the development. Additionallv. staff recommends approval of the amendments to Sections 4. 6. and 7(B) are for this use onlv. and if a different or more intense use was to be developed on the surroundina fJrofJerties or this propertv. then these sections of the Development Aareement would be apfJlicable. Motion died due to lack of a second. Member Rhodus. seconded bv Member Morris. moved to recommend aPfJroval of the Preliminary/Final Site Plan for West RV & Boat Storaae. includina all five waiver reQuests. subject to the satisfaction of the outstandina concerns beina resolved fJrior to the plans beina fJresented to the Gitv Commission. Additionallv. staff recommends approval of the amendments to Sections 4. 6. and 7(B) are for this use onlv. and if a different or more intense use was to be developed on the surroundina fJrofJerties or this fJropertv. then these sections of the DevelofJment Aareement would be afJplicable. Motion carried 4-1 with Member McKev opposina. Chairman West did not vote due to votina conflict. 6 Planning and Zoning Commission Regular Meeting December 11,2007 MISCELLANEOUS Community Development Director Wagner announced that the public hearing he thought would happen in January is looking unlikely that it will meet that schedule. He stated there may not be a January meeting but he will let the board members know in plenty of time. He further wished everyone a Merry Holiday Season. ADJOURNMENT The meeting adjourned at 7:38 p.m. APPROVED: 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS (J OTHER LOCAL AGENCY LAST N CITY MY POSITION IS: (J ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected 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 on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure 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 a 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 law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, 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 on any national or regional stock exchange). . . . ELECTED OFFICERS: 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 of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, 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 by you or at your 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 of the meeting, who will incorporate the form in the minutes. (Continued on other side) . PAGE 1 CE FORM 88 - EFF. 1/2000 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the 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 of your conflict in the 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 (r IV!; / fi)JV We s j- ,hereby disclose that on J) ..It . / ( ,20 t2..2.: I, (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, -\L inured to the special gain or loss of my relative, 51) Jt/ inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: WJd-IIJ+~~- ,j~ A-~~ 4~Dff IJ~r , by , which D<<~.6.e;- / / 2otJ/ Date Filed / S,gJ:YPt:!4 tJifT NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE 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. CE FORM 88. EFF. 1/2000 PAGE 2