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HomeMy WebLinkAbout07/08/08 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JULY 8, 2008 CALL TO ORDER Chairman Sills 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 Sills, Vice Chair Golden, Members Campbell, Conkling, McKey, Morris, Rhodus, and West. Also present were City Attorney Palmer, Planning Director Wagner, Development Services Director Shadrix, Senior Planner Howell, and Deputy City Clerk Sibbitt. ABSENT: Member Dillard was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, May 13, 2008. Member McKev. seconded bv Member CamlJbell. moved to accept the Minutes of the Mav 13. 2008. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OAK TRAIL RESERVE - FINAL SUB. PLAN & CLARKE ROAD IMPROVEMENT PLANS Planning Director Wagner stated that Oak Trail Reserve is on the Consent Agenda due to recently researching the Land Development Code and realizing that Final Subdivision Plans can actually go on the consent agenda unless a member chooses to discuss the case and pulls it from the consent agenda. Vice Chair Golden announced he would like to pull Oak Trail Reserve - Final Subdivision Plan & Clarke Road Improvement Plan from the Consent Agenda. NEW BUSINESS OAK TRAIL RESERVE - FINAL SUB. PLAN & CLARKE ROAD IMPROVEMENT PLANS Senior Planner Howell gave a brief presentation on the project and stated that the Preliminary Subdivision Plan for Oak Trail Reserve was approved on November 7, 2006, and the applicant is modifying the plans on the southern portion of the site from Townhomes to single-family use due to current market conditions and the SJRWMD requisites. Accordingly, the Land Use Plan was amended to reflect the Applicant's request. The Final Subdivision Plan as Planning and Zoning Commission Regular Meeting July 8, 2008 proposed is consistent with the Preliminary Subdivision Plan and Amended Land Use Plan. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee met on June 25, 2008, to review the Oak Trail Reserve FSP. The applicant was made aware of the following issues: . The City will require a copy of the SJRWMD permit prior to construction. . CLOMR-F (Conditional Letter of Map Revision based on Fill) must be approved prior to construction. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Final Subdivision Plan for Oak Trail Reserve PUD, as date stamped received by the City on June 9, 2008, subject to the CLOMR-F requests being approved prior to construction. DISCUSSION Member McKey inquired about crosswalks and stated they need to address the pedestrian situation regarding trying to cross that intersection. He further stated since it was mentioned that in the future they will be putting a trail he feels they should consider 8ft sidewalks and consider putting a gate from the clubhouse that leads to the trail. Planning Director Wagner stated they already have an agreement with Arden Park Developer on the west side of the road to put the 8ft sidewalks along that side of the road. He further added the City's plan is to continue to put the 8ft sidewalk further south on Clarke Road, when funds become available. Planning Director Wagner stated the crosswalks may be put on the local streets but the County is pretty restrictive about putting crosswalks on main roadways. A brief discussion ensued regarding signalization on Hackney Prairie. Vice Chair Golden stated the plans show they are in the floodplains and that they will be going for a conditional letter. He inquired if they are close to getting that approval. Jack Smith, Engineer for the project, stated they should be getting something back to the City by this week and then the application goes to FEMA. Vice Chair Golden further stated there are a few trees that he felt could have been saved in between the homes and in the rear lots but were marked for removal. Mr. Smith stated they can look back at those but they did try to save as many trees as they could unless the grade changes did not allow for it. Planning Director Wagner stated when they have their pre-construction conference they do send the arborist out with the engineer to look at all the trees, so if it shows on the plans that it is to be removed then the likelihood is greater then not; however, 2 Planning and Zoning Commission Regular Meeting July 8, 2008 they have had instances where they do save trees that they thought were to come out. Richard Gonzalez, landowner, stated they are strong believers of trails and briefly touched on donating trees to the City for the park parcel that is proposed in that area. Member West. seconded bv Member McKev. moved to recommend approval of the Final Subdivision Plan for Oak Trail ReseNe PUO, as date stamped received bv the Citv on June 9. 2008. subiect to the CLOMR-F reQuests beina approved prior to construction. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS PRESTIGE ACADEMY - SPECIAL EXCEPTION Senior Planner Howell gave a brief presentation on the project and stated that, in accordance with Section 4-8.8(2) of the Land Development Code, the proposed use must be considered in relation to the compatibility with the surrounding land uses. Prestige Academy is anticipated to be compatible with the surrounding uses in the proposed location. The proposed facility will be exclusively for developmentally delayed children, and thus is not intended to have a large amount of children in attendance, or generate additional traffic beyond what is already generated on-site. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Special Exception for the Prestige Academy child care center located on the north side of SR 50, across from Health Central Hospital, subject to the five Conditions of Approval provided on the attached site plan. DISCUSSION The Public Hearing was opened for Prestige Academy - Special Exception. As no one wished to speak the Public Hearing was closed for Prestige Academy - Special Exception. Member McKey stated his concern is the traffic pattern and the traffic. He stated he is familiar with the area and knows it is hard to get in/out of. He further stated he feels the applicant should have someone to direct traffic during peak hours for safety reasons. Senior Planner Howell stated the portion the applicant will be occupying is the northern side and the student population does not seem like it will be great enough to affect the traffic. Member Mckey inquired if the students 3 Planning and Zoning Commission Regular Meeting July 8, 2008 would arrive by bus or vehicle. Senior Planner Howell stated the owner is present to answer any questions. The Public Hearing was re-opened for Prestige Academy - Special Exception. Paul Novac, owner of Prestige Academy, stated the student population will be 30- 40 students maximum, which is square footage requirement from the State. He stated they do not provide bus service. He further stated they will be staggering the start time of their classes so cars will not all be dropping off at the same time. Vice Chair Golden inquired about the ages of the students. Mr. Novac stated it will be between 3-6 yrs. He stated the program is to help with early intervention and get the children ready for first grade. The Public Hearing was closed for Prestige Academy - Special Exception. Vice Chair Golden inquired if there were any additional conditions on the land use or playground; as far as the Special Exception. Senior Planner Howell stated the five conditions were the only conditions and they will be putting down a rubber mat over the parking spaces that can be removed should that use go away. Member Rhodus. seconded bv Member CamlJbell. moved to recommend approval of the Special Exception for the Prestiae Academv child care center located on the north side of SR 50. across from Health Central Hospital, subiect to the five Conditions of Approval provided on the site plan. Motion carried unanimouslv. CITRUS OAKS CENTER - SMALL SCALE COMPREHENSIVE PLAN AMENDMENT & PUD REZONING/LAND USE PLAN Senior Planner Howell reminded the board that after they review the Comprehensive Plan Amendment as the Local Planning Agency this item will be presented to the City Commission and then transmitted to the Department of Community Affairs in Tallahassee for an ultimate approval for land use change. He further gave a brief presentation of the project and stated, of the 2.13 acres, approximately 0.96 acres are proposed to be re-classified from Professional Offices & Services to Commercial, with the remaining acreage retaining a Future Land Use Designation of Conservation//Floodplains. The entire property is being simultaneously rezoned to PUD-Commercial. STAFF RECOMMENDATION Staff respectfully recommends that the Planning and Zoning Commission/Local Planning Agency recommend approval of a Small-Scale Comprehensive Plan 4 Planning and Zoning Commission Regular Meeting July 8, 2008 Amendment for approximately 0.96 acres of the Citrus Oaks Center located on the southeast corner of the intersection of SR 50 and Citrus Oaks Avenue from a designation of Professional Offices & Services to Commercial, with the remainder of the property retaining a Future Land Use designation of Conservation/Floodplains. DISCUSSION Member McKey stated to the south of the building it states "parcel 2" and he was inquiring if there really is another parcel. Senior Planner Howell stated it may have been two separate parcels at one time but he believes, according to the property appraiser's website, it is currently listed as one parcel. Vice Chair Golden stated he would like to understand the traffic between a professional office building and commercial use building and inquired as to how the analysis was done. Senior Planner Howell stated they did not ask for a traffic study since they did work with the City on a Developer's Agreement that does limit the uses to what is in the building next door. He stated this is a smaller building so theoretically it can not generate as much traffic. The Public Hearing was opened for Citrus Oaks Center - Small Scale Comprehensive Plan Amendment & PUD Rezoning/Land Use Plan. Laura Turner, Laura Turner Planning Services, stated they agree with the conditions of approval and support staff's recommendation for approval. Vice Chair Golden inquired if they have any potential leases for the building. Ms. Turner stated at this time they do not. The Public Hearing was closed for Citrus Oaks Center - Small Scale Comprehensive Plan Amendment & PUD Rezoning/Land Use Plan. Member West, seconded bv Member CamlJbell, moved to recommend approval of a Small-Scale Comprehensive Plan Amendment for approximatelv 0.96 acres of the Citrus Oaks Center located on the southeast corner of the intersection of SR 50 and Citrus Oaks A venue from a desianation of Professional Offices & SeNices to Commercial. with the remainder of the propertv retainina a Future Land Use desionation of ConseNation/Floodp/ains. Motion carried unanimouslv. Senior Planner Howell gave a brief presentation on the rezoning of the property and further stated the applicant is requesting to rezone the subject property from Professional Offices & Services (P-S) to PUD-Commercial. Currently, the main tenant is a medical clinic that has indicated they will not renew their lease, which expires on August 31, 2008. Senior Planner Howell stated the comments from the Small Scale Comprehensive Plan Amendment discussion will carry over. 5 Planning and Zoning Commission Regular Meeting July 8, 2008 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on June 25, 2008, and reviewed the applicant's request. The applicant was notified that all concerns in regards to the review of the project had been satisfied. The Planning Department requested that check-cashing businesses should be added to the list of prohibited uses on the Land Use Plan and in the Development Agreement. The Police Department requested day-labor establishments be added to the list of prohibited uses on the Land Use Plan and in the Development Agreement. DRC voted unanimously to recommend approval of the rezoning of the Citrus Oaks Center from a designation of Professional Offices & Services (P-S) to PUD, including the Land Use Plan subject to the incorporation of the above referenced prohibited uses on the Land Use Plan and in the Development Agreement. STAFF RECOMMENDATION Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the proposed rezoning of the Citrus Oaks Center located at the intersection of Citrus Oaks Boulevard and SR 50 from a designation of Professional Offices & Services (P-S) to PUD, including the Land Use Plan subject to the incorporation of the above referenced prohibited uses on the Land Use Plan and in the Development Agreement. The Public Hearing was opened for Citrus Oaks Center - PUD Rezoning/Land Use Plan. As no one wished to speak the Public Hearing was closed for Citrus Oaks Center - PUD Rezoning/Land Use Plan. Member McKev, seconded bv Vice Chair Golden, moved to recommend approval of the proposed rezonina of the Citrus Oaks Center located at the intersection of Citrus Oaks Boulevard and SR 50 from a desianation of Professional Offices & SeNices (P-SJ to PUD. includina the Land Use Plan subject to the incorooration of the referenced prohibited uses on the Land Use Plan and in the Development Aareement. Motion carried unanimouslv. MISCELLANEOUS Development Services Director Shadrix stated they are ramping up to begin the process of their evaluation appraisal report, which is a big deal for this community since it gives them the opportunity to look at the comprehensive plan and how well it is effectively implemented in vision with the City of Ocoee. They will be setting up workshops with the Planning and Zoning Commission to give them the 6 Planning and Zoning Commission Regular Meeting July 8, 2008 opportunity to identify issues that they see facing the City of Ocoee that could pose potential growth issues. First phase of the appraisal report is the preparation of an issues list. He briefly expressed the importance of being a community and how the report will help. ADJOURNMENT The meeting adjourned at 8:01 p.m. Attest: APPROVED: '~ 7