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HomeMy WebLinkAbout02/12/08 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, FEBRUARY 12, 2008 CALL TO ORDER Chairman West called the meeting to order at 7:02 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 (arrived at 7:04 p.m.), McKey, Morris, Rhodus, and Sills. Also present were City Attorney Palmer, Community Development Director Wagner, Principal Planner Fabre, Principal Planner Rumer and Deputy City Clerk Sibbitt. ABSENT: None CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, December 11, 2007. Vice Chair Golden stated the minutes reflect that he was absent unexcused; however, he does recall leaving a message on Community Development Director Wagner's voicemail. Vice Chair Golden, seconded by Member Morris, moved to accept the Minutes of the December 11. 2007. Plannina and Zonina Commission meetina. Motion carried unanimously. OLD BUSINESS None NEW BUSINESS TIGER MINOR PARK - ANNEXATION & REZONING Principal Planner Rumer stated the subject property is located on the north side of Geneva Street, 2,000 feet east of the intersection of Geneva Street and Bluford Avenue. The property has been owned by the City of Ocoee as a park for many years; however an ordinance was not located deeding this park to the City. The Property Appraiser does indicate that the parcel is located within the City; however Orange County zoning books show it is within the limits of unincorporated Orange County. To clear up the misunderstanding, the City is bringing this before the board to get rid of an enclave and simply bring the property into the City limits. There is currently no development proposal for the subject property and a notice Planning and Zoning Commission Regular Meeting February 12, 2008 was sent out to ease the resident's minds on this annexation and rezoning process. The Land Use for the property is recreation and conservation and the northern portion of the park does have an existing R-1A zoning which is consistent with the surrounding area. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation of the 9.46 :!:acres land known as the Tiger Minor Park, and rezoning to "R-1A" Single-Family Dwelling. DISCUSSION Vice Chair Golden stated it was presented that the zoning R-1A was only for a portion of the property. He further inquired if the Future Land Use Map should all be shown as recreational. Principal Planner Rumer stated the underlying is recreational. Vice Chair Golden further stated the staff report states the Future Land Use is Low Density Residential. Principal Planner Rumer stated it should have read that the Land Use in the area is Low Density Residential. The Public Hearing was opened for Tiger Minor Park - Annexation & Rezoning. Glen Thomas, 616 Gallego Avenue, stated when he received the notification letter regarding the proposed annexation and rezoning in the mail there was talk as to what was going to happen within the outlined areas of the park. He further stated the he and some of the other residents were worried since there was talk of a lot of development going on around that area such as apartments and condos. He wants to make sure that is not going to happen. Mr. Thomas stated another concern he has is the up keep of some of the tennis courts and some of the other areas in the park that definitely needs to be fixed. He further stated the tennis court has about a 2-foot slope and he is paying for private lessons for his son and it is his understanding that a portion of that fee was to go to the City to go towards the up keep of the courts. Chairman West stated he appreciates his concern, however, the Planning & Zoning Commission is not the board that can help resolve this problem and he advised Mr. Thomas to go to the Parks and Recreation Board or City Commission. The Public Hearing was closed for Tiger Minor Park - Annexation & Rezoning. 2 Planning and Zoning Commission Regular Meeting February 12,2008 Vice Chair Golden, seconded by Member Rhodus, moved to recommend approval of the annexation of the 9.46 :!:acres of land known as the Tioer Minor Park. and rezonina to "R-1 A" Sinole Family Dwellina. Motion carried unanimously. CHATEAU RESERVE - ANNEXA TION/REZONING & PRELIMINARY SUBDIVISION PLAN Principal Planner Fabre stated the subject property is located on the east side of Tomyn Boulevard approximately 255 feet south of Patriots Point Drive. The Future Land Use designation is "Low Density Residential" except for certain portions to the south and east which are designated as "Conservation/Floodplains". The north and east boundaries of this property touches the City limits therefore the subject property is considered contiguous to the City of Ocoee and is eligible for annexation. The proposed land use is for 20-lot single family residential subdivision and the zoning being requested is for R-1AA which is compatible with the surrounding zoning. The subdivision is proposed to be a gated community with a club house. The subject property has some slight encroachment of wetlands to the south and northeast. Both wetland areas are programmed to be preserved with corresponding 25-foot upland buffers. The applicant is asking for Preliminary Subdivision Plan approval so not all the engineering has been done. Principal Planner Fabre stated they have been working with the applicant regarding this site for about two years and the reason is because the FEMA Agency has designated a portion of the site as being in the 100-year flood zone. According to the City's comprehension plan, development is not allowed in a flood zone. When the engineer of record went out to the site to do elevations he noticed that most of the site was not in the flood zone so. the City Engineer was sent out and they as well agree with what was presented. The City then sent out their own consultant engineer (third party) who also agrees with the engineer of record's flood zone determination for the site. The applicant has entered into a "School Credits Sales and Purchase Agreement" in order to handle school capacity and concurrency issues with the Orange County School Board. STAFF RECEOMMENDATION Staff recommends approval of the annexation of the :!:a.76 acres parcel of land known as the Chateau Reserve with an initial rezoning designation of R 1-AA, subject to resolving the last remaining issues addressed in the City Attorney's review memorandum prior to the City Commission formal action. 3 Planning and Zoning Commission Regular Meeting February 12, 2008 Staff recommends approval of the Chateau Reserve Preliminary Subdivision Plan date stamped received by the City on February 5, 2008, subject to approval of the annexation and initial zoning for the subject property. DISCUSSION Member McKey inquired if they are going to go back and change the comprehensive plan on the 1 OO-year flood plan. Principal Planner Fabre stated the comprehensive plan says it has to be an approved flood zone and does not define from what agency it must come from. He further stated the FEMA agency is an agency that designates the flood zones but they are broad and it is not based on the actual survey for a small parcel of land. He further stated these things happen in planning and in doing site design so they have determined that it does meet the comprehensive plan intent and they do not feel they need to change the comprehensive plan. Member Mckey inquired if that would affect people when getting their insurance. Principal Planner Fabre stated they are also asking the applicant to get a CLOMAR (Conditional Letter of Map Revision), which is an amendment change from the FEMA map for insurance purposes and will go with the title of the land. Member Rhodus stated flood maps change every so many years. Principal Planner Fabre stated they are in the process of changing the maps and to his recollection the City's consulting engineer is looking to have it changed because the subject land should be off the flood zone. Vice Chair Golden inquired why they did not have the applicant request a waiver since it is development within a floodplain regardless of whatever studies the applicant has done. Principal Planner Fabre stated it was based on interpretation of the comprehensive plan which does not say the "FEMA Agency flood zone" it just says an "approved flood zone". Vice Chair Golden inquired if they have not set a precedent over the last 20-30 years of using the FEMA map to decide where the floodplain is? He further stated that the letter the applicant will providing is just going to state that the homes are not in the floodplains but it will most likely not state that the development will be, so the City needs to be careful since they are not asking for a waiver. Principal Planner Fabre stated that it may or may not be in the flood zone since the last he heard was that the consultant was going to meet with FEMA and revise the map. Vice Chair Golden stated he would like to add a condition that they can not have people move into the homes until they change the floodplain map or get a final determination from FEMA. The Public Hearing was opened for Chateau Reserve - Annexation/ Rezoning & Preliminary Subdivision Plan. 4 Planning and Zoning Commission Regular Meeting February 12, 2008 Bill Fogel, Civil Design Group, stated they have spent a lot of time with the floodplain issues on this site and for anyone who has spent time working on those maps know the FEMA maps are historically very bad as far as defining accurate floodplains. He further stated in some areas where detailed studies have been done, FEMA has improved those maps; however, this area as far as the last FEMA map amendment has had no detailed study ever done. Mr. Fogel stated that Orange County has completed the Lake John Study which included that entire basin and is the most informative study that is out there by anybody establishing floodplains. That study plus the work done on both adjacent subdivisions show that that they are not developing any of the 1 OO-year floodplain. He further stated they are coming back with the CLOMAR and by the time they are finished with development there will not be an insurance issue for anyone because the FEMA map will be modified. Vice Chair Golden inquired if they would have a problem with a condition of approval that they would not get the final subdivision plan approval until they got the FEMA map change. Mr. Fogel stated he did not mind. With the CLOMAR they have to do an as-built survey at the end when the homes are built in order to get a certified finished floor elevation which they send in. Further discussion ensued regarding the FEMA map amendment and the CLOMAR process. Vice Chair Golden stated on the tree preservation plan to the south along the wetland where the ditch is he noticed they are removing all the trees. He stated he can save some of the trees on the edges around the development. Mr. Fogel stated they are saving all the trees in the wetland area. He further stated everything in the 25-ft. conservation buffer area they are saving. Mr. Fogel stated he would be more than willing to work with staff to save more trees. John Grilli, 2162 Blackjack Oak Street, stated the subdivision backs right up to what the applicant calls a man-made stream but is really a part of the conservation area that leads into the retention pond. He further stated all the trees will be removed and his concern is that the developer is impeding on the conservation area with the cul-de-sac as well as along the stream area. There is no buffer on the stream side and they will be losing trees. Mr. Grilli further stated his other concern is when they build up the area, where will the water go. Residences in that area want to maintain that conservation area and their trees so if the plans go forward they would like to have buffers of at least 50-100ft on the backside and 40ft from either side. Wesmere and Srooksetone pump water into that retention pond and a third subdivision could affect that. Mr. Fogel stated that none of the ditch is in their property. It is all within the conservation easement and drainage easement given to the City. He further stated there is a minimum 45ft. wide buffer between the rear of their lots and rear of his lots. 5 Planning and Zoning Commission Regular Meeting February 12, 2008 Gerald Gaestel, 2214 Blackjack Oak Street, stated his big concern is that it appears that a substantial amount of the trees are going to be taken out and one of the big reasons that many of them chose to live where that are was because there was to be a permanent conservation area with trees behind their homes. He further stated he would like to see an equal buffer zone on both sides of the stream. Chairman West stated that if they were promised by the developer that they would have the conservation area then they need to go to their developer. He further stated the subject property is owned by private people and if they owned the land they would also want to do what they would like. Chairman West further advised that there is nothing this board can do except make recommendations to the City Commission. Mr. Fogel stated they are only trying to do want they can with the property they own and they have the right to use the property for lot development. Mr. Gaestel stated they have wildlife that lives in that area that they would like to preserve it as well. Richard Combs, 2204 Blackjack Oak Street, stated that the board and the City has the benefit of the developer's plans to review what is being proposed but all they received was a letter. They have not had the benefit to see what was being proposed until tonight. He further stated that the conservation area was not a promise by the developer but they did purchase premium lots. Mr. Fogel stated they are not touching anything within that conservation area. Steve Kane, 2236 Blackjack Oak Street, stated in August of 2003 he came to the City before he purchased his home and he questioned the Clerk about the possibility of anything being developed in that conservation area in which he was told by the Clerk that he had nothing to worry about because there was a 100-year floodplain behind them. He further stated he has walked that land and it is very wet. Chairperson West inquired if he knows the name of the clerk who had advised him of that. Mr. Kane stated he does not recall and he did not write her name down. Denise Tahali, 2146 Blackjack Oak Street, stated the main point is the wetlands as well as the loss of trees. She stated many of them have installed French drains because the land is so damp and mucky. She was also told four years ago when she purchased her home that they would not build on the land because it was a conservation wetland. Jim McNicol, 830 Patriots Point Drive, stated one of the attractions of moving to Ocoee two years ago was the greenery. He is asking the commission to consider whether it is a need or just greed. He further gave an update on the real estate market and how many homes are sitting out on the market still available. Mr. McNicol stated they do not need 20 more homes in a conservation area. He 6 Planning and Zoning Commission Regular Meeting February 12, 2008 stated the Country and not just the City is suffering from a mortgage meltdown and he does not know how they are going to attract 20 new homeowners to a place that has a soggy ground. He concluded that he feels there is more of a need to keep the trees and not the homes. Darrell Patrick, 2132 Blackjack Oak Street, stated he did pay a premium for the lot and the view he was being offered was a big selling point for him to purchase his lot. He further stated he is not an engineer but when the hurricanes came through he had 12ft of water in his yard and if they build the proposed development the water will be a problem for his yard. Chairman West stated he knows it will be high-end homes and feels it should not . be something that the nearby residences will not be proud of but he still sympathizes with their concerns. Vice Chair Golden inquired if the developer would consider any more buffers on the back along the ditch and maybe consider doing away with the two lots. Mr. Fogel stated they have lost a lot already and he can not commit to anything for the owner. He further stated they will work with their landscaper to create a visual buffer on their property but there is already a 45ft. buffer between his lots to theirs. Mr. Gaestel stated that Mr. West did make the point that when they reach this point of the process the developer has already had a lot invested; however, the surrounding residences were not included in the process until today so it is only at this point that they can voice their input. Chairman West reminded Mr. Gaestel that the developer is willing to work with staff regarding the trees and buffers. Mr. Fogel stated he would be willing to meet with the neighboring residences. The Public Hearing was closed for Chateau Reserve - Annexation/ Rezoning & Preliminary Subdivision Plan. Member McKey stated he does not have any problem with the annexation part but he would like to add conditions to the preliminary subdivision plan approval. Member Conkling inquired what the current zoning is for the subject property. Principal Planner Fabre stated it is A-1 and is being rezoned to Residential. Member Rhodus inquired if they should approve the annexation/rezoning and then table the preliminary subdivision plan approval until the developer has met with the neighboring residences. Chairman West reminded Member Rhodus that this is just the preliminary and they still have the final subdivision plan that will come before them for approval. They can put conditions that would require the developer to comply subject to the final subdivision plan. Community Development Director Wagner stated that it could be split up into three parts and 7 Planning and Zoning Commission Regular Meeting February 12, 2008 it is totally the board's option on what they would like to do. He further stated he could not recall the last time this board tabled an item but it can be done should they chose. Community Development Director Wagner stated that they normally make a recommendation to the commission and if they have concerns they put in their concerns so that the project moves forward. Vice Chair Golden stated one of the things that Orange County does is they have a condition put in that requires a community meeting prior to their final subdivision plan. Member Conkling stated one of the comments he has is that when he looks at the overall changing of the zoning had it been requested prior to looking into annexing it then the homeowners would have had an opportunity to see that there was a zoning change to "Residential" and could have voiced their comments prior to the developer investing money into that property. A lengthy discussion ensued regarding the annexation/rezoning and the conditions that they would be adding to their motion. Member McKey, seconded by Member Rhodus, moved to recommend approval of the annexation of the :!:8.76 acres parcel of land known as the Chateau Reserve with an initial rezonina desianation of R1-AA. subject to resolvina the last remainina issues addressed in the City Attorney's review memorandum prior to the City Commission formal action. Motion carried 8-1 with Member ConklinQ ooposina. City Attorney Palmer stated that any comments from the previous public hearing will carry forward. Chairman West suggested that all the residences that feel they will be affected by the proposed development should get together and elect 2-3 people to represent their group to meet with the developer. Member McKey, seconded bY Member Sills, moved to recommend aooroval of the Chateau Reserve Preliminary Subdivision Plan date stamped received by the City on February 5. 2008. subject to approval of the annexation and initial zonina for the subject property and with the followino conditions: 1) FEMA Map revisions _ no certificate of occupancy should be aiven by the City of Ocoee until FEMA provides their final determination of the 100-year floodplain map chanae for the development based on the as-built for the develooment. 2) lamer buffer and tree preservation durina the additional oradino of the lot. and 3) a meetino between homeowners. developer. and staff prior to the start of final subdivision plan desian. Motion carried 8-1 with Member ConklinQ opposino. 8 Planning and Zoning Commission Regular Meeting February 12, 2008 HIGHPOINT CHURCH - SPECIAL EXCEPTION Principal Planner Rumer stated the location for the proposed special exception is to the existing Haynes Brothers Furniture Store site. The existing facility has frontage on Hwy 50 and is located on the north side of Ocoee Commerce Parkway; at the northeast corner of the intersection of Ocoee Commerce Parkway and Central Commerce Lane. The total subject property is approximately 1.8 acres in size containing a C-2 (Community Commercial) zoning designation. Churches are special exception to this zoning district. The applicant is not proposing any exterior improvements to the building or site. The proposed sanctuary will seat 362. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The DCR met on January 31, 2008, and reviewed the Special Exception application and site plan. The DCR recommended approval of the Special Exception request with the following conditions: a. This Special Exception shall expire twelve (12) months from the date of approval by the City Commission unless a building permit is obtained prior to such date, such permit being for the construction of the proposed use authorized by the Special Exception. Further, upon issuance of the building permit, the Applicant (or its agent) shall diligently proceed in good faith to complete construction in accordance with the terms hereof. Failure of the Applicant (or its agent) to proceed as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission. b. Approval of this Special Exception does not authorize commencement of development. Prior to issuance of a building permit, it will be necessary to obtain site plan approval pursuant to the provisions of Article IV of the Ocoee Land Development Code. Further, compliance with all other applicable provisions of the Ocoee Land Development Code shall be required. c. The Applicant shall make a good faith effort to obtain a Certificate of Occupancy for the use authorized by the Special Exception within of issuance of the building permit. d. Should the use authorized by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the conditions of approval for the Special Exception, then said Special Exception may be revoked by the City Commission at its sole discretion. 9 Planning and Zoning Commission Regular Meeting February 12, 2008 e. The Special Exception for use as a church shall be applicable only to the proposed Highpoint Church shown on this Site Plan for Special Exception and is not transferable to any other operator prior to issuance of a Certificate of Occupancy. f. This Special Exception is limited to a church use for Sunday services only, which use shall include Sunday school and childcare during Sunday services only. Except as provided in this Condition of Approval, no church, school or childcare uses shall be permitted on the property. g. Prior to the issuance of any Certificate(s) of Occupancy for the project by the City, the Applicant shall be required to provide landscaping on the site consistent with the requirements set forth on Sheet LA-1 of that certain Final Site Plan for Haynes Brothers Furniture Store, as approved by the City on September 29, 2000 (the "Approved Plan"). The landscape requirements set forth on Sheet LA-1 of the Approved Plan are incorporated herein by reference and shall be considered a part of this Site Plan for Special Exception in the same manner as if such requirements were set forth fully herein. h. Any exterior building modification may require an amendment to the Special Exception and City Staff should be consulted to determine if the proposed modification is major or minor. Principal Planner Rumer stated there was issue with parking due to the Haynes Brother Furniture having had requested a waiver to reduce the amount of parking because they provided evidence that the furniture store would not provide as much traffic as a retail center. There are no provisions in the code to modify parking in a C-2, so with the proposed use of the building being limited to just Sunday, staff was agreeable to them to provide a letter from the adjacent properties that would give them adequate room to meet the parking for 362 seats. STAFF RECEOMMENDA TION Based on the above analysis, Staff recommends that the Planning and Zoning Commission recommend approval of the Highpoint Church Special Exception subject to incorporating the eight conditions mentioned above. 10 Planning and Zoning Commission Regular Meeting February 12, 2008 DISCUSSION Member Sills stated he went out to the property and from the front door of the proposed church to the first parking space in the State Farm Building it is 615 feet. He further stated that there are only 20 parking spaces in the State Farm Plaza and that is assuming that HouseBlends Cafe is not open on Sunday morning. He feels parking is a big issue. Chairman West inquired as to what business is next to the church. The applicant stated it is Associates in Dermatology and they are closed on Sunday. Member Campbell inquired if there is a back door into the building. He further stated if there is a back entrance and they installed a sidewalk, it would alleviate the issue Mr. Sills mentioned. Vice Chair Golden inquired from the City Attorney about the legally recorded parking agreement. City Attorney Palmer stated they made a general recommendation to the extent that off-site parking would be permitted if some sort of easement agreement would be recorded that would address certain concerns such as if the State Farm business were to not renew their lease and new tenants were to move who would be open on Sunday. Member McKey inquired if the applicant has been encouraged to look at other surrounding businesses parking lots for parking. Principal Planner Rumer stated they were encouraged to find other sources and they did provide only one letter. The Public Hearing was opened for Highpoint Church - Special Exception. Keith Tower, Senior Pastor for Highpoint Church, thanked the board and stated they are a two year congregation and they currently meet at the Orange County Bar Association. The congregation currently has 70+ members and the facility they have right now only has 35 parking spaces. They will be coming to this location with about 70 members and they currently have adequate parking spaces. He did get a letter from his friend at the State Farm building that would allow them to use their 20 spaces should they need them. They have no intention of parking in the street and will add a second service if needed. The dermatologist office will also allow them to use their spaces when they are closed on Sunday. Chairman West inquired if they are purchasing the building. Mr. Tower stated he just purchased it. Chairman West inquired from Mr. Tower that since they are going to be located in a commercial area would he have a problem if a restaurant opened up and served alcohol. Mr. Tower stated that would not offend them since they serve the community and try not to disrupt it. Member Dillard stated will it just be Sunday services or will they be having some church events. Mr. Tower stated they will not be having any daycare or schools and as of now they do not have anything going on mid-week other then a staff meeting. Chairman West inquired if they have looked into purchasing the land in the nearby field. Mr. Tower stated it is his understanding that the land is owned by FDOT to be a retention pond when they widen Hwy 50. Member Morris stated 11 Planning and Zoning Commission Regular Meeting February 12, 2008 that under the DRC recommendation it limits them to Sunday only and he feels that should be changed because if in the future they would like to have a youth Friday evening service or any other mid-week service they could not. Mr. Towers stated they do not currently have other services but if they had the opportunity in the future they would love too. Vice Chair Golden inquired if they have any problem with a legally binding parking agreement. Mr. Tower stated his understanding is staff was okay with not having it and he has great relationships with all the neighbors that are currently there. The Public Hearing was closed for Highpoint Church - Special Exception. Member Morris, seconded by Member Rhodus, moved to recommend approval of the Hiahpoint Church Special Exception subiect to incorporatina the conditions mentioned excludino condition "F" and addina the condition that the parkino issue can be revisited at such time that overflow parkina becomes an issue. Motion carried 8-1 with Member Sills opposina. OCOEE RELIEF MIDDLE SCHOOL - SPECIAL EXCEPTION Principal Planner Rumer stated the proposed Ocoee Relief Middle School is located on the northeast corner of Ingram Road and Cemetery Road. The subject property is 25 acres in size, zoned R-1A (Single-Family Dwelling). The site is currently vacant, consisting of planted pines. The Future Land Use of the property is low density residential. The property was purchased by the Orange County School Board (OCSB) in 2002, with the intentions of building a relief middle school. The southern portion of the parcel that consists of approximately 5:!: acres is being left undeveloped with the possibility that the City of Ocoee can lease or purchase the area for a city park or trail head. The OCSB submitted a traffic analysis in connection with the proposed school. The analysis indicated that OCSB is required to construct one northbound left-turn lane on Ingram Road at the Cemetery Road intersection. The eastbound approach on Cemetery Road should feature one left-turn and one right-turn exiting lanes and they will also construct a 5 ft. sidewalk and bring it down to the existing 5ft. sidewalk. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On January 31, 2008, the Development Review Committee (DRC) met to discuss the Special Exception for Ocoee Relief Middle School. The DRC recommended the Planning & Zoning Commission recommended approval of the special 12 Planning and Zoning Commission Regular Meeting February 12, 2008 . exception application for Ocoee Relief Middle School subject to the following conditions: A. The Orange County School Board (OCSB) will work in good faith to develop a site plan that is cohesive with the City of Ocoee's Land Development Code with respect to landscaping, shielded lighting fixtures with light poles painted black, and black vinyl fencing around the bicycle storage area. B. The City of Ocoee staff will have the opportunity to review the construction plans for the site prior to commencement of construction and the School Board will consider all comments in good faith. C. The Orange County School Board (OCSB) will pave Ingram Road with curb and gutter the length of the property frontage on Ingram Road. D. The Orange County School Board (OCSB) will pave Cemetery Road with curb and gutter from Ingram Road to the entrance. E. The Orange County School Board (OCSB) will construct a minimum 270' left turn lane on Ingram Road to access Cemetery Road. F. The Orange County School Board (OCSB) will construct a left turn lane on Cemetery Road to access Ingram Road. G. The Orange County School Board (OCSB) will construct a 5' sidewalk along Ingram Road, adjacent to property frontage. Principal Planner Rumer added that the applicant has requested one waiver to the Land Development Code, which will be presented separately to the City Commission. The applicant is requesting a waiver to Article V, Table 5-2 of the Land Development Code. This section of the Land Development Code requires a maximum building height of 35 feet for the R-1A zoning district. Accordingly, the applicant is requesting a maximum building height of 50 feet for the building labeled as: Building 600 Classroom. DISCUSSION Vice Chair Golden inquired about Ingram Road and if they are going to improve that road. Community Development Director Wagner stated there is an agreement with Orange County that when Clarcona-Ocoee Road is widened that is when they will put in all the turn lanes and traffic signals. Vice Chair Golden inquired if there is going to be additional buffering because of the height. Principal Planner Rumer stated since the building will be 160ft away from the 13 Planning and Zoning Commission Regular Meeting February 12, 2008 edge right-of-way they did not ask for any increased buffering. He further stated that conditions can be put on special exception to help it comply with code. Member McKey inquired if they know where the air conditioning unit would be and inquired if it was near the residences. The Public Hearing was opened for Ocoee Relief Middle School - Special Exception. Tyrone Smith, Senior Manager in the Planning/Government Relations Office of Orange County Public School, stated that the air conditioning unit will be water cooled and not air cooled so that will be significantly less noise. Vice Chair Golden inquired if for security reasons was there going to be a fence of wall around the air conditioning units. Alex Rusto, Director of New Construction, stated the chiller would be enclosed on three sides with a wall that is the height of the chiller. Member Conkling stated that the portables have air conditioners that will be pretty close to the residences in the neighboring subdivision. Member Rhodus inquired why there were portables if the school was not built yet. Mr. Smith stated it is for future expansion should they need them. Christopher Block, 3464 McCormick Woods Drive, stated he is in support of the Middle School but based on the site plan that was presented there will be 50ft between his lot and the roadway and they are not expecting that there will be much of a buffer. He further stated his concern is that when the portables do go into those lots they will not only have the noise to deal with but also the unsightliness they will have to look at from their backyard. He is asking for the School Board to consider and for the Board to recommend some form of agricultural buffer between his site and the school. Mr. Smith stated they can certainly take a look at that and also look to see if there is a possibility of saving pine trees in that area. Karen Ginsberg, 3464 McCormick Woods Drive, stated she is in support of the school; however, the only issue she has is she feels they will need to add more of a buffer. She further stated she hopes the school board will take into consideration and realize that they will have a cafeteria, dumpster, and loading dock area within about a 100ft of her backyard. As well as the two-story building that will also be towering over their yard. The Public Hearing was closed for Ocoee Relief Middle School - Special Exception. Vice Chairman Golden inquired as to what would be the required buffer between residential and institutional use or commercial use if it were any other 14 Planning and Zoning Commission Regular Meeting February 12, 2008 development in Ocoee. Principal Planner Rumer stated depending on the use or size of the building, however, the school is not considered a commercial use. Vice Chair Golden stated that the school is an institutional use if they were to label it and further inquired if there was a specific buffering requirement for that use and residential in the code. Community Development Director Wagner stated commercial use would require a 25ft buffer from residential but he does not believe the code actually lists institutional. He further stated they would have to ask the school board if it were possible for them to make the buffer at least 25ft. Mr. Smith stated at this point it would be difficult for OCPS to adjust the site because of the amount of property that they will be using to preserve the southern portion for a possible joint use with the City. He stated the bus loop can not be reduced because the buses are too wide. The buffer they will be providing is not from the LDC Code but they are doing it because they understand the neighbors do expect some type of buffering. Community Development Director Wagner stated they can work with the School Board to put in a buffer that would visually protect the homeowners. Vice Chair Golden, seconded by Member Dillards, moved to recommend ap/Jroval of the Ocoee Relief Middle School Special Exception subject to the DRC recommended list of conditions and subject to the condition of landscape buffer alona the northem/westem boundaries of the site and adjacent to the residential use of :!:25ft. Motion carries unanimously. MISCELLANEOUS Community Development Director Wagner stated for March they should have at least two projects coming before the board. They are also hoping to have the public hearing on the proposed annexation of the property at the southwest corner of Maguire and Roberson Road, which is within Belmere. ADJOURNMENT The meeting adjourned at 9:31 p.m. Attest: .... .. 1JJ~ -1Jd1 Melanie Sibbitt, 'Deputy City Clerk APPROVED: M;J~ Milton West, Chairman 15