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HomeMy WebLinkAbout03/11/08 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MARCH 11, 2008 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, Vice Chair Golden, Members Campbell, Conkling, Dillard, McKey, Morris, Rhodus (arrived at 7:03 p.m.), and Sills. Also present were City Attorney Rosenthal, City Attorney Palmer, Community Development Director Wagner, Principal Planner Fabre, Senior Planner Howell, Principal Planner Rumer, Commissioner Johnson and Deputy City Clerk Sibbitt. ABSENT: None CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, February 12, 2008. Member McKev. seconded bv Member Dillard. moved to accept the Minutes of the February 12. 2008. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS None NEW BUSINESS LAKE BUTLER PROFESSIONAL CAMPUS PRELIMINARY/FINAL SUBDIVISION PLAN & SITE PLAN Senior Planner Howell stated the Lake Butler Professional Campus is approximately 14.11 acres in size and is located at the northeast corner of the intersection of Maguire Road and Tomyn Boulevard. The Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan proposes the construction of 7 buildings totaling approximately 165,772 square feet in area. Uses proposed range from retail, restaurant, professional and medical offices. Lake Butler Professional Campus will be accessed via two access points that consist of a right-in/right-out from Maguire Road, and a full access point along Tomyn Boulevard. The plan details the dedication of 245-feet of right-of-way along Tomyn Boulevard and 192-feet of right-of-way along Maguire Road. The right-of- Planning and Zoning Commission Regular Meeting March 11, 2008 way dedicated along Tomyn Boulevard will allow for the construction of a right-turn lane leading onto Maguire Road, while the right-of-way dedicated along Maguire Road will allow for the construction of a right-turn lane leading into the development from points to the south. The subject property is proposed to be divided into two lots; Lot 1 will contain 6 of the 7 proposed buildings, and a majority of the on-site parking and common areas. The uses proposed on Lot 1 will consist of a mix of professional and medical offices. Lot 2 is proposed in the southwest corner of the property and will consist of a mix of retail and restaurant uses. The developer has proposed a central park in the center of the site that will consist of a seating area around which a variety of trees and associated plant materials will be provided. In addition to the seating area, the developer has proposed a fountain in the center of the park. The fountain will serve as a focal point for drivers and pedestrians entering the development from Maguire Road. Additionally, a boulevard style entrance, which will be lined with a variety of palm trees and associated groundcover and shrubs, will be provided as the main point of access leading into the development from Maguire Road. In order to proceed with review of the Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan, the applicant has requested seven waivers from the requirements of the Land Development Code. The City Commission has sole discretion to approve waivers from Code requirements based upon four criteria's. The first waiver that is being requested is to Section 6.14.C (1 )(a)(v) of the Land Development Code. This section of the Land Development Code requires buildings to be setback at least 50-feet from primary roads. The applicant has requested a reduction of this requirement to allow the buildings that have frontage along Tomyn Boulevard to maintain a building setback of 25-feet. The applicant has justified this request by placing the buildings along Tomyn Boulevard parallel to the street in order to buffer the parking and service areas that will be provided on site, and by providing upgraded landscaping standards that are acceptable to the City. The second waiver that is being requested is to Section 6.14.C(1)(a)(v) of the Land Development Code. This section of the Land Development Code requires buildings to be setback at least 75-feet from the Florida Turnpike. The applicant has requested a reduction of this setback to allow a 45-foot building setback for a length of 80-feet along the northeast corner of the subject property. The applicant has justified this request by placing the buildings perpendicular to Maguire Road instead of the Turnpike in order to allow flexibility in providing a future City of Ocoee water main extension, and by providing upgraded landscaping standards that are acceptable to the City. 2 Planning and Zoning Commission Regular Meeting March 11, 2008 The third waiver that is being requested is to Section 6.14.C(2)(b)(i) of the Land Development Code. This section of the Land Development Code requires a 25- foot wide landscape buffer along primary and secondary roads. The applicant is requesting a waiver to this requirement to allow a reduction of this buffer from 25- feet to 15-feet for approximately 192-feet along the portion of the property that has frontage along Maguire Road. The applicant has justified this request by providing a right turn lane leading into the site. The fourth waiver that is being requested is to Section 6.14.C(2)(b)(i) of the Land Development Code. This section of the Land Development Code requires a 25- foot wide landscape buffer along primary and secondary roads. The applicant is requesting a reduction of this requirement from 25-feet to 15-feet for approximately 245-feet from the eastern boundary of the Maguire Road / Tomyn Boulevard intersection southward. The applicant has justified this request by providing a right turn lane on Tomyn Boulevard leading onto Maguire Road. The fifth waiver that is being requested is to Table 5-2 from Article V of the Land Development Code. This section of the Land Development Code requires buildings in the C-3 (General Commercial) zoning district to maintain a rear setback of 20-feet. The applicant is requesting a reduction to this requirement from 20-feet to 5-feet for a length of 460-feet along the eastern property line. The inclusion of a retail/restaurant outparcel on site has required the site designer to relocate two of the proposed office buildings along the eastern portion of the property into an area where they will encroach into the required rear setback. The sixth waiver that is being requested is to Table 5-2 from Article V of the Land Development Code. This section of the Land Development Code allows a maximum impervious surface ratio of 70-percent for all development within the C- 3 zoning district. The applicant is requesting to increase the maximum allowable impervious surface area to an 80-percent ratio for the overall site area. The seventh waiver that is being requested is to Table 5-2 from Article V of the Land Development Code. This section of the Land Development Code allows a maximum impervious surface ratio of 70-percent for all development within the C- 3 (General Commercial) zoning district. The applicant is requesting to increase the maximum allowable impervious surface area to an 80-percent ratio for the retail/restaurant parcel. The applicant has justified the request by including a retail/restaurant parcel within the site, and by dedicating right-of-way to allow for the construction of the turn lanes on Maguire Road and Tomyn Boulevard in addition to providing upgraded landscaping standards that are acceptable to the City and the dedication of a City of Ocoee utility easement. 3 Planning and Zoning Commission Regular Meeting March 11, 2008 STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan for Lake Butler Professional Campus, and all seven waiver requests, subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. DISCUSSION Vice Chair Golden inquired if any of the waivers would have a problem as far as variances from the code. Senior Planner Howell stated staff is recommending in favor of all the waivers and feels in order to make the project a viable project the waivers will need to be granted. In addition, the developer is making some off-site transportation improvements. Vice Chair Golden inquired about the traffic study and the architectural enhancements that would be facing Maguire Road. Senior Planner Howell answered that a traffic study was done by their traffic consultant and the front of the retail center will be facing Maguire Road. Vice Chair Golden inquired about the setback and Senior Planner Howell briefly explained the setback being requested. Member McKey inquired on the landscaping as to how many live oaks would be planted. The Public Hearing was opened for Lake Butler Professional Campus - Preliminary/Final Subdivision Plan & Site Plan. Mark Rieker, Rieker & Associates, stated he is available for questions. Member Mckey addressed the question regarding the live oaks to Mr. Rieker. Mr. Rieker stated he is not sure of the exact quantity of live oaks that will be on the site. He stated he has been through a number of meetings with staff and will be providing a number of understory and overstory trees. Senior Planner Howell briefly explained the code on tree requirements. Vice Chair Golden stated there are some outstanding items on a memorandum attached to the packet and he wondered if the applicant was going to have any problems meeting the conditions listed. Mr. Rieker stated they will not have any problems meeting the conditions listed in the staff report, but they do have clarifications that they wanted to make and his civil engineer will discuss them. He briefly added that as for the landscaping they are actually increasing the landscaping on the project and mentioned other projects he has done in other cities. Brief discussion ensued regarding the landscaping for the project. The Public Hearing was closed for Lake Butler Professional Campus - Preliminary/Final Subdivision Plan & Site Plan. 4 Planning and Zoning Commission Regular Meeting March 11, 2008 Member CamlJbell. seconded bv Member McKev. moved to recommend approval of the Preliminarv/Final Subdivision Plan - Preliminarv/Final Site Plan for Lake Butler Professional Campus. and all seven waiver requests. subiect to the satisfaction of the outstandina concerns prior to the plans beina presented to the Citv Commission. Motion carried unanimouslv. ORANGE COUNTY BELMERE PD - ANNEXATION. PARCEL H & SUBSTANTIAL CHANGE TO LAND USE PLAN Principal Planner Rumer stated the subject property is located on the southwest corner of the intersection of Roberson Road and Maguire Road. The parcel is currently under development with a master stormwater pond and two retail commercial buildings under an Orange County development permit. The item before the board is for the annexation of the property within the boundaries of tract "H". Earlier this year the owner and applicant came before the City seeking voluntarily annexation under Florida Statutes. The subject property was originally approved by the Orange County Board of County Commissioners on May 21, 1985, as the Lake Whitney PD. A subsequent non substantial amendment in 1999 carved out Tract H from Tract G. Tract H is the property that is now owned by the Unicorp entities. The 1999 LUP delineates Tract H as (1) Commercial totaling 42,960 s.f. and 5 acres maximum (2) Multi- family totaling 180 units and (3) Adult Care living Facility (ACLF) or Adult Living Facility (ALF) totaling 130 units. On February 21, 2006, the Orange County Board of County Commissioners approved another Substantial Change to the LUP when it approved a conversion of 180 multi-family and 130 ACLF units approved in Tract H to 202 attached single-family dwelling units. The Orange County Board of County Commissioners only struck through the transfer of the unused units from the other tracts within Belmere PD. The 202 units were to be 18 ft. wide with a one car garage which left very limited amount of guest parking spaces. Also located on the tract is a CVS and retail unit. The only improvement that would have been done under the Orange County plan was a left turn lane into the site from Roberson Road and one right turn lane into the site from Maguire Road. Currently under the Orange County plan the stormwater pond, CVS and retail site are being constructed. Principal Planner Rumer stated that if the development is annexed into the City of Ocoee they will keep the Orange County PD zoning on the site since they have many approvals that date back to 1980. The current proposal before them today is to develop 216 multi-family units, 85 ALF units and up to 42,960 s.f. of commercial on Tract H. The benefits of the new proposed site will be the 5 Planning and Zoning Commission Regular Meeting March 11, 2008 modification of the stormwater pond which will now remain in its current location, the apartment units will be located central to their site with a distance of 180 ft. from the apartment units and the property line, there will be a 25 ft. buffer which includes an existing wall and a landscape buffer which will be above what the LDC requires for planting, and the project will be gated on both entrances. The proposed ALF is located on Maguire Road and will maintain a 100 ft. setback from the new right-of-way line. In addition to the increased building setbacks and buffering, the developer will provide the City with the following benefits: 1. The design of the Roberson Road improvements and engineer cost estimate for the improvements. 2. The developer will construct all of the Roberson Road improvements while it is making the improvements stipulated in the previously approved PD LUP from Orange County for the City of Ocoee. The City will repay the developer for all costs associated with the Roberson Road improvements that are above what is required from the Orange County approved Belmere PD LUP from the impact fees received for the project. 3. The developer has requested and received permission to delay paying the impact fees for the CVS and other commercial building to Orange County and will pay them to the City of Ocoee. 4. The developer has agreed to maintain the existing stormwater pond on the corner of Maguire Road and Via Andiamo Drive. 5. The City will realize $1.5 million :f: in impact fees that will directly benefit Roberson Road, Police, Fire, and Parks and Recreation Departments. Principal Planner Rumer briefly gave an overview of traffic generation within single family residences, apartment complexes, and town home communities based out of the ih Edition ITE Manual. He also briefly stated that he had received feedback through e-mails that many residents were not notified correctly or in a timely manner; however, the City did follow the Planning & Zoning process. The City provided the required legal advertisements in the Orlando Sentinel for the Annexation and the Substantial Change, they sent out notices to those residents within 300 ft. of the project, the property was posted on both Roberson and Maguire Road, a certified letter was sent to the Orange County Planning Department as part of the JPA, and he sent a certified letter out to the Orange County Board of County Commissioners. 6 Planning and Zoning Commission Regular Meeting March 11, 2008 Principal Planner Rumer stated the applicant is specifically requesting a Substantial Change to the LUP regarding the following items: a. Remove the restriction of Tract H to be limited to a maximum of 202 attached or detached single-family residential units and 42,960 s.f. (maximum of 5 acres) of commercial use that would revert back to the previous approved condition that permitted multi-family and ACLF or ALF units and 42,960 s.f. (maximum of 5 acres) of commercial use. b. Revise the condition that prohibits the transfer of unused residential units from Tracts A-F to Tract H. c. Revise the 35 ft. maximum height limitation for the Multi-family and ALF to 45 feet. Please note that the request to increase the maximum height to 45 feet is the only "new" condition requested for the PD LUP. The development will be architecturally cohesive in that the multi-family, ALF and the commercial buildings will have a similar architectural appearance. DISCUSSION Member McKey asked Principal Planner Rumer to restate the buffers, in which he did. Chairman West inquired if this Public Hearing was being handled as two separate votes. City Attorney Rosenthal stated they can take public comments for both issues, but they will need to make two separate votes. The public comments would be carried over. Member McKey inquired if this would be the only time they would see this project before them. Principal Planner Rumer stated if they annex the development into the City they will see this project before them as a Final Site Plan. Vice Chair Golden inquired about the traffic generation that would take place per day for the total development including the retail. Nick Lepp, Renaissance Planning Group, stated an average retail trip rate per day is 42 trips per 1,000 square feet or roughly 1,700 trips per day. Principal Planner Rumer added that because the use is permitted, the trips are vested. City Attorney Rosenthal briefly explained that the developer has a certificate of vesting from Orange County for the project, which means they are entitled as a matter of right in Orange County to proceed with the project. He further stated there will be an annexation agreement that will be presented to the City Commission, which will recognize the Orange County vested rights upon annexation into the City of Ocoee, so they will not lose any of 7 Planning and Zoning Commission Regular Meeting March 11, 2008 their vested rights by virtue of the annexation. Brief discussion ensued regarding the annexation. The Public Hearing was opened for Orange County Belmere PO - Annexation, Parcel H & Substantial Change to Land Use Plan. Chuck Whittall, President of Unicorp., briefly explained the history of the Belmere purchase and property, the quality he puts into his development, and the many benefits that would be made to the roads should they be annexed into the City. Member Mckey inquired if they are designed far enough to know the size of the units. Mr. Whittall stated the apartment units will have 1-3 bedrooms and the average unit size will be 1,200 square feet. He stated the units will also include some enclosed parking garages. Member Dillard inquired about the costs for the road improvements. Community Development Director Wagner stated the main improvements would be the spending of $1.3 million dollars of impact fees that they would generate plus additional contribution from the developer to improve Roberson Road by extending the left turn lane, putting in right turn lanes, and adding two through lanes in both directions which will match up with their improvements on Moore Road. The City is already underway with putting in a new traffic signal at this location. He stated none of this will be been done if the impact fees go to Orange County. He further stated this project was already approved in Orange County and what they are trying to do is make this a better project. Member Mckey inquired if the designs of the buildings were done and if there was enough space between the buildings in case of a fire. Principal Planner Rumer stated the Fire Department has met with them and there is enough space provided between each building. Vice Chair Golden stated with the height issues he understands why they want to go higher but inquired as to what additional visual screening would be used near the residential areas on the West. Mr. Whittall stated they can put in more trees and shrubbery to create screening. He stated within the 25 ft. buffer they are doubling the required tree count per the City code. The landscape engineer for the project stated they have not designed the landscape at this point and everything is premature. He further stated the intent is to create a screen and they have focused on doubling the tree canopy. Chairman West inquired if they had stayed within the original plan that was presented to Orange County would they have been able to screen. In the original plan the two- story unit would be 25 ft. from the existing wall, whereas in the proposed plan the unit will be a minimum 140 ft. away. Vice Chair West inquired as to what other security measures were being proposed, other than the gates. Principal Planner Rumer stated the area is a low crime area and briefly had the Ocoee Police Chief give an overview of the crime in that area and answer questions addressing the 8 Planning and Zoning Commission Regular Meeting March 11, 2008 crime issues. Mr. Whittall briefly explained the high end style of the apartments and the many upgrades they will be providing. Richard Montgomery, HOA Board Member for Belmere Village and resident of 1147 Algare Loop, applauded what Unicorp. has presented before them today which is much better than the original plan. He stated the reason they are present tonight is not to argue with what is being proposed by Unicorp. but instead to ask them to delay the process so that their neighborhood may have an opportunity to work more closely with the Unicorp. staff. Mr. Montgomery briefly explained his concerns with the notification letters and statements that were made in the past that high end apartments and adult care would not be built on that property. He stated the plan originally had 150 single family town homes and he does not know how it went up to 212 units packed in like sardines. He briefly explained his concerns with the traffic issues on Roberson and Windermere which is becoming a nightmare. He stated he feels that the first opportunity the developer has to sell this to another company to manage the apartment that they will. Vice Chair Golden inquired if they had discussed the height addition. Mr. Montgomery stated that is one of their concerns especially for the bordering homes along the wall. Vice Chair Golden stated that it seems they will have a community meeting on Thursday and inquired if that would satisfy the community before it goes to the City Commission. Mr. Montgomery stated he feels that the community meeting is an opportunity for residents to express their concern, but if the action is already taken by this board prior to the community meeting then they will not have the opportunity to try to influence what they are actually proposing. Chairman West informed Mr. Montgomery that the Planning & Zoning Board only makes a recommendation to the City Commission and the residents still have the opportunity to work with Unicorp. to make changes before it goes to the City Commission. Mr. Montgomery stated he feels this board is more focused on planning and zoning where the City Commission is more focused on other aspects of City business. Member McKey inquired when this project would be before the City Commission. Principal Planner Rumer stated the first reading would be on March 18th and the second reading and the public hearing is scheduled for April 1 st. Terry DiCastro, 11420 Vicolo Loop, stated that she wanted to add some additional points. They looked at the situation of rental vacancies and Key Isle currently has 282 units that are complete with an additional 155 units that are still under construction; of those 437 apartments, less than half are currently occupied. She further stated her concern is what it is going to take to fill those units as far as the monthly rate they will charge. Ms. DiCastro stated that many of the communities in the surrounding area also have a high number of rental homes that are sitting empty and some of which are going into foreclosure. She stated 9 Planning and Zoning Commission Regular Meeting March 11, 2008 she would much rather see town homes built with one resident than an apartment complex with many renters. Bobby Corsello, 1122 Algare Loop, stated that luxury apartments mean nothing if they are not rented. He stated that if apartments do not do well the rates are lowered and it does not matter if they are gated the quality will come down. He briefly spoke of experiences he encountered with luxury apartments going down and stated he did not know about the apartments being proposed until a couple of days ago. Roderick Mathis, 11608 Vicolo Loop, stated his comment is to Mr. Whittall who stated he had more invested in this community then anyone else in the room. As far as a monetary basis he does but the residents tonight have families and if crime comes into their neighborhood it would affect irreplaceable things. What is being seen tonight is the manifestation of a lot of the frustration that the good people are exhibiting because they were not informed. Bill Berg, 2165 Blackjack Oaks St., stated that on Maguire Road there is a main entry and he was inquiring if that would have an access from northbound. John Townsend, Civil Engineer, stated they will have a full access. He further briefly explained the proposed improvements on Maguire Road. Further discussion ensued regarding the improvements on Roberson Road, morning traffic congestion due to the school, and signalization on Roberson Road Jason Lawrence, 11304 Rapallo Lane, inquired about the main entrance to the Belmere Subdivision. He further stated the main conduit to go to the Winter Garden Groves is Roberson Road and he does not understand why the road would not be widened. Community Development Director Wagner stated they have thought about it but he believes their last traffic count done by the engineer showed that the road is not over capacity on a daily trip basis. Mr. Lawrence briefly explained his experience with apartments that turned into a crime area. Joe Mrochko, 3113 Kentshire Blvd., stated he represents the Windsor Landing Subdivision and his biggest concern is the height of the building. Paul Manutes, 11258 Rapallo Lane, stated he lived in an apartment complex for 6 years in Orlando and he decided it was time for him and his family to not live in an apartment complex because the quality of life that came around it. He feels many moved into the area they are now to take their lives to the next step and a rental community of that size is a really bad idea and brings a serious concern to their community. 10 Planning and Zoning Commission Regular Meeting March 11, 2008 Bobby Kidd, 977 Lascala Drive, commented on the Arial view of the project that was projected on to the screen. He stated that if he was told in 2002 when he purchased his home that there would be a 3-story building in his backyard he would not have purchased in that location. There will be no sunlight in the back of his yard and he has a pool. Heather Stevenson, 11217 Rapallo Lane, stated she is upset about the height of the building and was wondering about the possibility of adding to the height of their current wall. She also expressed her concern with the widening of the road leading into Windermere and if any traffic study had been done for that road. Chairman West stated he is sure a traffic study has been done since it is required bylaw. Michael Sofer, 1005 Lascala Drive, stated he would like to see elevated pictures of the project so everyone can see the true picture of what is going on. He further inquired if the road entering the apartment complex had been studied and if there were any stats on how many cars will exit that driveway. Principal Planner Rumer informed the residents present that the original approval was done through Orange County and they are welcome to go to the Orange County Services Building to view the traffic study that was done. City Attorney Rosenthal stated that in response to the date of the Orange County vested right certificate for all the traffic impact is a 1992 approval. He further stated what it means that the County approved the entire PUD and all the traffic impact from the entire PUD and they issued the certificate in 1992, presumably based on the 1985 approval. Once the first house is put in there, it is an entitlement of the developer to build out the last house. Mr. Whittall stated that they are actually building less then what is entitled, which means there will be less trips than what they originally had proposed. He further stated the traffic study is recent and the vested right just means he has the right to build on the property. Mr. Whittall stated he heard a lot of people say they never knew that there would be apartments on that land; however, that land has been zoned for apartments for over 20 years. He stated he does have a work session set up to listen to their concerns on Thursday night and he would be happy to meet with anyone present. He further stated the majority of the crime in Metrowest is not the apartments it is the surrounding community. Mr. Whittall briefly discussed the quality of work he builds, the road improvements that will take place if they are annexed, and landscaping for visual screening. The Public Hearing was closed for Orange County Belmere PO - Annexation, Parcel H & Substantial Change to Land Use Plan. 11 Planning and Zoning Commission Regular Meeting March 11, 2008 Vice Chair Golden inquired how the development would be affected if they brought more units into the tract. Principal Planner Rumer stated that under the conversion that is allowed on the existing PD plan one multi-family equals one single-family. So they can convert the 202 town home units to 202 apartment units. Under the transfer of unused units they are asking for fourteen more units. Vice Chair Golden inquired what the opacity requirement between residential and the use for a building that has a height like they are proposing would be. Principal Planner Rumer stated in the open space criteria in the LDC it simply requires a buffer of 25ft and the planting that is required. Community Development Director Wagner stated the main aspect of the landscape buffer is the height and density of the planting materials. He stated the 25ft is up against the parking lot or garage and not the unit so there is a lot more flexibility as to how much landscaping they can put in there. Vice Chair Golden stated he would like to see language from staff that there will be some visual buffer before he votes on a 10ft higher building. Community Development Director Wagner stated he does not see any problem adding that in as a condition and they can work with the landscape architect to be sure that it is a buffer the surrounding residents are looking for. Member Dillard again inquired if the plans would be coming back to the board. Community Development Director Wagner stated they would see the final site plan. He informed the board that they will also be available at the meeting Thursday night to answer concerns the residents may have. Member Conkling inquired if there would be something in the covenants dictating that the cars would have to be put in the garage units or would that be used as a second storage. Mr. Whittall stated that they would not have a problem putting a condition in the covenants regarding the garage. Member McKey stated that an HOA was mentioned and he was wondering if that would run with the land if they do sell the property at some point. Mr. Whittall stated it would. A brief discussion ensued regarding the LOS (Level of Service) and what it is projected to be. Member Sills stated that some of the residents asked that the vote be postponed but he has noticed that the developer is still proceeding with the development and does not see any purpose to not take any action tonight. Member McKey inquired as to what the response time is for that area. Police Chief Reffett stated their response time for non-emergency to emergency can be 4-8mins. As for the Sheriffs Department he can not answer for them. Principal Planner Rumer stated that he failed to mention before in his presentation that if the property is annexed they will retain their Windermere address. A brief discussion ensued regarding the mailing address for the development. Vice Chair Golden inquired as to who on the board lives in that area and how they felt about the height waiver that is being requested. Member Conkling 12 Planning and Zoning Commission Regular Meeting March 11,2008 stated he lives in that area and feels that with the buildings being setback 180ft from the perimeter and the front of the building facing the Belmere backyard as well as most of the existing homes in Belmere having screen enclosures and palms and he is not as concerned with the visibility of seeing into a neighboring yard. He stated this development fits in with what is going on in the area. Member Conkling stated the development is much more of an upgrade then what was presented to Orange County and it will be coming in anyway so the best solution is to work with the developer and find a happy medium. Member Rhodus commented that she has lived in her home for over 30 yrs. and she did not know that being a renter carried such a stigma. She stated everyone wants the American dream and to own a home but 99% of the people she knows who are honest people, are renters. Chairman West stated he understands the residents concerns and he hopes things can be worked out before it goes before the Commission. Vice Chair Golden stated he would like to add a condition for an additional buffer consistent with what the City has done in the past. Community Development Director Wagner stated he understands what is being asked but feels they should have some time to work with the developer and the residents to come up with a plan on what they would like to see. Member CamDbell. seconded bv Member Morris. moved to recommend approval of the annexation of the 26.64 +/- acres of land known as the Belmere Tract H. subiect to the execution of the annexation aareement and subiect to all outstandina comments beina resolved prior to the Citv Commission meetina. Motion carried unanimouslv. Chairman West opened the Public Hearing for Orange County Belmere PD - Substantial Change to Land Use Plan and announced that any comments from the previous public hearing will carry forward. Chairman West closed the Public Hearing. Vice Chair Golden. seconded bv Member McKev. moved to recommend aPDroval of the Substantial Chanae to the Oranae Countv Belmere PO Land Use Plan to permit 216 multi-familv units and an 85 unit ALF. removal of the condition prohibitina the transfer of unused residential units from Tracts A-F to Tract H. and permittina the multi-familv and ALF to have a maximum heiaht of 45 feet. and further subiect to the Annexation of the propertv and the execution of the Annexation and Development Aareement. In addition. the landscape buffer must provide a sianificant visual buffer from the development to the residential area and a communitv meetina must be held prior to the Citv Commission meetina. Motion carried unanimouslv. 13 u__~ Planning and Zoning Commission Regular Meeting March 11, 2008 Recess 9:32pm - 9:39pm SHOPPES OF WEST OAKS - PRELIMINARY/FINAL SITE PLAN Principal Planner Fabre stated the subject site is approximately 8.46 acres in size and is located on the south side of W. Colonial Drive (SR 50) approximately 580 feet west of Good Homes Road and just east of Vizcaya Lake Road. The Future Land Use designation for the site is Commercial. The property is zoned Community Commercial (C-2), which permits development and construction of the proposed use. The properties to the east, west, and south are in unincorporated Orange County. The Preliminary/Final Site Plan is proposed to be constructed in four phases. Phase I is programmed to be a one-story Grocery Store (Aldi Supermarket) consisting of 16,527 square feet. Phase II is proposed to be a Retail Building consisting of 27,363 square feet that will be attached to the Grocery Store. Both the Grocery Store and Retail Building will be setback from SR 50. All infrastructures needed for Phase I & II will be developed atthe same time. Phase III & IV will consist of two commercial establishments that are proposed to front along SR 50. Both developments will be reviewed and approved as small-scale site plans. One establishment is projected to be a 4,052 square feet financial bank with a drive-thru. The other is designed as a Restaurant with a drive-thru consisting of approximately 3,870 square feet. The developer/owner has requested that the main entrance to his site be a full access with an additional access on the eastern boundary of the site that will be a right-in/right-out only. Both access driveways are proposed to connect to SR 50. The full access into the site is inconsistent with the adopted '~ccess Management and Intersection Operations Study" for SR 50. The Applicant has submitted a copy of a Notice of Intent to issue a connection permit from the Florida Department of Transportation (FDOT) for the subject driveways. It should be noted that the NOI is a conditional connection permit and subject to City development plan approval. This permit is also in conflict with the future widening/median improvements planned by FDOT. State Road 50 is programmed to be widened to 6 lanes in the future. The FDOT widening Construction Plans for SR50 has planned an uncut divided median along the entire subject site frontage. Therefore, this median will limit the future access to the subject site as right-in right-out only. The closest full access planned will be 14 Planning and Zoning Commission Regular Meeting March 11, 2008 at the Vizcaya Lake Road intersection. The FDOT widening improvements (currently unfunded) are projected in the 5 to 6 years capital improvement plans. The representatives of the development site are aware of the FDOT future widening median plans. Member Rhodus inquired if the Vizcaya Lake Road intersection would have signalization. Nick Lepp, Renaissance Planning Group, stated that the intersection can not be signalized according to the current code even though he believes at one point it may have been proposed to be signalized. He further stated it is too close to the current intersection of Good Homes Road and West Colonial Drive. Mr. Lepp stated the applicant is proposing a full access opening with no signalization at this time. Principal Planner Fabre stated the applicant/developer is requesting one waiver from the Land Development Code which states a commercial large-scale project of this size requires a water feature such as a fountain (LDC, Art. VI, Sec. 6-14, C, (1), (I), ii). There is no off-setting public benefit proposed for this waiver request. The Applicant was made aware that Staff will not support an amendment to the LDC's '~ccess Management and Intersection Operations Study" for SR 50. However, Staff can recommend approval for the Site Plan with proper median separators and turn lanes for the directional lefts consistent with the Access Management Plan. Ultimately, the plans will need to be revised to show the median separators and turnlanes for the directional lefts. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on February 28, 2008, and reviewed the Preliminary/Final Site Plan. The City Attorney advised that the City Commission cannot approve a Site Plan that is inconsistent with the SR 50 Access Plan since it is part of the Land Development Code. The Applicant asked about the City Commission changing the LDC Access Management Plan. The Applicant was informed that any changes to the LDC must be initiated by the City Commission and ultimately amended by an Ordinance. The Applicant asked if Good Homes Plaza was built prior to the Access Management Plan. The answer was, yes. At the DRC the Deputy Police Chief spoke about the current vehicular problems (2 fatalities) that have occurred in this segment of SR 50. STAFF RECOMMENDATION Based upon the recommendation of the DRC, Staff recommends that the Planning & Zoning Commission recommend approval of the Preliminary/Final Site Plan for Shoppes at West Oaks, subject to the following conditions: 15 Planning and Zoning Commission Regular Meeting March 11, 2008 a. Approval of the Waiver pertaining to the required Water Feature; b. Completion of Staff's comments, mentioned in this staff report, before City Commission action; c. Incorporating proper raised median separators and turnlanes for the directional lefts consistent with the adopted "Access Management and Intersection Operations Study" for SR 50. DISCUSSION City Attorney Palmer briefly spoke about the Access Management Plan and stated a full access point at that intersection can be accomplished in one of two ways: 1) amend the actual Access Plan, which would require an ordinance and would not be supported by City staff at this time but would have to go before the City Commission for direction, or 2) the City Commission could grant a waiver from the requirements of the Access Plan. Member Conkling inquired if the residents of the apartment complex were able to turn left out onto the intersection. It was stated that they do have full access and residents can turn left. City Attorney Rosenthal advised Member Conkling that the apartments are in unincorporated Orange County and the City did oppose the left turn out of that apartment complex. Vice Chair Golden inquired about the water feature and asked if it was a requirement based on the square footage of the retail. Principal Planner Fabre stated it is a requirement for any large scale development over 50,000 square feet. He further stated that they are open and would work with the developer on a water feature that would meet the code. Brief discussion ensued regarding the FDOT future plans for West Colonial Drive. The Public Hearing was opened for Shoppes of West Oaks - Preliminary/Final Site Plan. Scott Glass, representative for the applicant, stated that before they make a motion he would like to state his side of the story. He stated the fountain is not an issue the applicant has agreed to the fountain so that has been resolved. Mr. Glass briefly touched on the subject of the two ways the developer could go about to get the full access point as mentioned before by City Attorney Palmer. He stated they are proposing to seek a waiver but only on a temporary basis to allow for the full access. He further stated their clients have been in the process of negotiating with Vizcaya Apartments and with the church toward the goal of essentially combining Vizcaya Lakes Road and Cemetery Road into one and get a signal there. Mr. Glass stated their traffic consultant feels that with the three properties that would be served by that access point a signal is going to be 16 Planning and Zoning Commission Regular Meeting March 11, 2008 warranted and they are fairly confident that they are going to be able to get a signal there. He further stated they are asking for the board to give them a time frame to get the signal and for now allow the full access. If they can not get the signal in the time frame they were given then shut them down and they will comply with the directional lefts. Chairman West inquired if they did get the light if the main entrance to his project would remain where it is right now. Member Campbell inquired as to who owns Cemetery Road. Mr. Glass stated it is in the County. Member Campbell stated given the government constraints the County is facing that the likelihood of them improving Cemetery Road is unlikely. Mr. Glass stated his client has negotiated a cost sharing arrangement between the three entities for the improvements. A brief discussion ensued regarding the lift station and the improvements of Cemetery Road. The Public Hearing was closed for Shoppes of West Oaks - Preliminary/Final Site Plan. Vice Chairman Golden stated he does not really understand the traffic study since it is not in front of him but inquired if the temporary signalization would meet the goal of achieving the alternative waiver issue. Mr. Lepp stated when the traffic study was done in 1998 there was a lot less traffic on Hwy 50 then there is now. He further stated, due to location, the topography changes and it starts going downhill which is the reason why they wanted the directional left. With the proximity to the other intersection having a full access adds several extra conflict points for people going out and trying to go westbound. He stated having a signalization at Vizcaya Lake Road has been looked at and would be ideal but it would probably have to wait until Hwy 50 improvements go through. Principal Planner Fabre stated what the developer is proposing is a temporary fix because once FDOT takes over there will only be one straight median with an access to Vizcaya Lake. A brief discussion ensued regarding the waiver process. Ashley Rumble, representative for the owner, stated what they are proposing is a temporary situation but what it would allow for them to do is get the signalization much quicker then waiting for FDOT to come in and do their improvements. He further stated with them funding the signalization they are hoping to make it possible in the shortest time frame possible. Chairman West inquired if FDOT has looked at their proposal and if they had given them a letter of intent to give them a full access at that intersection. Mr. Rumble stated that was correct. Vice Chair Golden inquired as to what they meant by, "they were funding the signalization". Mr. Rumble stated what they are proposing is to have the improvements be developer/property owner funded. They are looking to have the property owner's that will benefit from the signalization, actually pay to have it installed. Nick Lepp stated that the only thing he would like to add is that before 17 Planning and Zoning Commission Regular Meeting March 11, 2008 FDOT will approve a signal at that location a signal warrant will have to be met and there will have to be enough traffic coming out of that property. A signal will not get approved based on projections. Mr. Glass disagreed and stated his transportation consultant has just advised him that FDOT will approve a signal based on projections and, if desired he could enter his professional credentials into the record. Principal Planner Fabre stated he would like to clarify a statement that was made by Mr. Glass that he had told the applicant that a waiver was not possible; however, in his staff comments it was mentioned that a waiver had to be approved by the City in order to allow for the project to be approved. Vice Chair Golden stated he commends staff for standing their ground on not waiving the Access Management Plan. He further inquired as to how they could shut down a full access if a waiver is put into the development agreement for a future action that may not happen. City Attorney Rosenthal stated what he is hearing is that Mr. Glass is requesting a waiver that would go away at a particular point in time but they would then have the right to come back before the City Commission to ask them to extend that date if the solution has not happened. He further stated you can run into practical problems such as you would when you issue a temporary C.O. City Attorney Rosenthal stated he would point out that the staff recommendation does not preclude them from moving forward with the proposed solution of the signalization. In fact it calls for the future cross access onto the apartment's road, so even if they approve the staff's recommendation there would still be the option to go forward with the plan of signalization, which would require an amendment to the Access Management Plan. Member Dillard inquired what the time frame for the development would be. Mr. Rumble stated that construction is going to be phased and could be roughly 6 months for the Aldi portion. Member Dillard inquired if the signalization would be another 12 months or would it be going in at the same time. Mr. Rumble stated the approvals are going to be sought at the same time but what is difficult for them to do is commit to when the other entities are going to get things done. A brief discussion ensued regarding the signalization and the time frame of it being installed. Vice Chair Golden. seconded bv Member McKev. moved to recommend approval of the Preliminarv/Final Site Plan for Shoppes at West Oaks. subiect to the followina conditions: 1) approval of the Waiver pertainina to the reauired Water Feature. 2) completion of Staff's comments. mentioned in this staff report. before Citv Commission action. and 3) incof/Joratina proper raised median separators and turn lanes for the directional lefts consistent with the adopted "Access Manaaement and Intersection Operations Studv" for SR 50. Motion failed 3-6 with Members CamDbell. Conklina. Rhodus. Sills. Dillard. and Chairman West opposina. 18 Planning and Zoning Commission Regular Meeting March 11, 2008 Member Sills, seconded bv Member McKev. moved to recommend approval of the Preliminarv/Final Site Plan for Shoppes at West Oaks, subiect to the followina conditions: 1) approval of the Waiver pertainina to the reauired Water Feature. 2) completion of Staff's comments. mentioned in this staff report. before Citv Commission action, 3) add a waiver table with iustification to the plans. 4) add a condition of approval that the full access is temporary and will be removed upon the sianalization of the Vizcava and Cemetery Road intersection or within (Blank) months, 5) developer will post a bond with amount to be determined so that if the deadline for sianalization does not happen then it would convert to the directional left and riaht in/riaht out. and 6) all mentioned conditions above would be put into a developer aareement to be sianed bv the developer and approved bv the Citv Commission. Motion carried 7-2 with Member Conklina and Vice Chair Golden opposina. Member Sills, seconded bv Member McKey. moved to recommend a consideration of chanae to the '~ccess Manaaement and Intersection Operation Studv" to provide for the full access point. Motion carried unanimouslv. ORANGE COUNTY OCOEE TELECOMMUNICATION TOWER - SPECIAL EXCEPTION Principal Planner Fabre stated the subject property is currently the location of the Orange County Services Building and accessory uses. The actual lattice tower will occupy a small portion (75 feet by 75 feet) of the property located on the southwest corner of the site. The Future Land Use classification for this entire property is "Public Facilities/Institutional"; current Zoning classification is General Commercial (C-3). Accordingly, the City adopted Map 5-19 "Telecommunications Service Facilities Location Map," which is used for permitting the location and types of telecommunications service facilities within three areas (Areas One, Two, and Three). Area Three is the least restrictive of the designated telecommunications areas, which allows for lattice type antennas with a maximum heioht of 200 feet. The Applicant is requesting a Waiver from this height restriction (bv 80 feet) due to the technical feasibility of the proposed radio 911 emergency response systems. Therefore, the Applicant justification for the height waiver is strictly based on public safety for the local citizens of this area. The proposed site plan shows the required landscape buffers, landscaping and setback requirements. The fencing surrounding the facility will be 6 feet high decorative metal painted black to properly screen the telecommunications equipment. 19 ~ Planning and Zoning Commission Regular Meeting March 11,2008 The Public Hearing was opened for Orange County Ocoee Telecommunication Tower - Special Exception. As no one wished to speak the Public Hearing was closed. DISCUSSION Mike Hicks, Representative from Orange County, briefly explained the proposed Public Safety radio tower and the need for the additional 80 feet. He further explained the decorative fencing and screening that was originally proposed and the request for a waiver for both the height and deleting the decorative fence and landscaping around the tower. The Applicant stated that no one will see the area and there is already a chain link fence installed. Discussion ensued about alternate methods of screening. Member CamDbell. seconded bv Member McKey. moved to recommend approval of the Oranae Countv Special Exception for Ocoee Telecommunications Service Facilitv utilizina a lattice tower located in Area Three of the (Map 5-19) Telecommunications Service Facilities Location Map. subiect to approvina the heiaht waiver reQuest. and includina a waiver of the landscape reQuirement and a waiver of the fencina reQuirement to allow a reaular chain link fence. Motion carried unanimouslv. MISCELLANEOUS None ADJOURNMENT The meeting adjourned at 11 :05 p.m. Attest: .~ AdJ/t Melanie Sibbitt, Deputy City C erk AP:'~: iJ~ 'i) r L Milton West, Chalrm n 20