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HomeMy WebLinkAbout08/12/08 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, AUGUST 12, 2008 CALL TO ORDER Chairman Sills called the meeting to order at 7:09 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Members Campbell, Dillard, McKey, and West. Also present were City Attorney Palmer, Planning Director Wagner, Development Services Director Shadrix, Senior Planner Howell, Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair Golden, Members Morris and Rhodus were absent excused. Member Conkling was absent unexcused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, July 8, 2008. Member CamlJbell. seconded bv Member McKey. moved to accept the Minutes of the Julv 8. 2008. PlanninG and ZoninG Commission meetinG. Motion carried unanimous/v. OLD BUSINESS - None NEW BUSINESS HAMPTON INN OCOEE - LARGE SCALE PRELIMINARY/FINAL SITE PLAN Senior Planner Howell gave a brief presentation on the project and stated that the Large-Scale Preliminary/Final Site Plan proposes the construction of a 4-story Hampton Inn hotel that is 61,489 square feet in area. The proposed hotel will have 101 rooms, with on-site amenities including a swimming pool. The plan has been designed in accordance with all applicable requirements of the Land Development Code, except for those the applicant is seeking waivers from. In order to proceed with review of the Large-Scale Preliminary/Final Site Plan, the applicant has requested the following three waivers from the requirements of the Land Development Code: ~ First Waiver - Table 5-2 in article V of the LDC permits a maximum building height of 45-feet in the C-3 (General Commercial) zoning district. The applicant has requested a waiver to permit a maximum height of 55-feet. Planning and Zoning Commission Regular Meeting August 12, 2008 The architectural elevations indicate a proposed maximum height of the building of 52.5-feet, with this height being on the main design feature on the front faQade of the building. Section 5-5 (A) of the LDC permits a 10-percent increase for portions of the building that are not habitable. The design feature in question exceeds the 10-percent increase by 3-feet, thus the need for a height waiver. This waiver request is only for the main design feature on the front faQade of the building. ~ Second & Third Waiver - Section 6.10 B (4) (A) requires a 4:1 replacement ratio of all protected trees on a development site. Section 6.10 B (4) (D) requires: 1) replacement trees to be planted on site, 2) the donation of replacement trees, or 3) a fee paid to the City for the purpose of planting trees on public property for protected trees that are removed from a development site. The applicant has proposed the removal of five Live Oak trees on site, which are considered protected trees by the LOC. Based on the provisions on the LOC, each protected tree over 8-inches diameter breast height (dbh) that is proposed for removal is required to be replaced at a 4:1 ratio at the expense of the developer with a minimum size 2-inch dbh tree. According to staff's calculation, 20 trees with a minimum of 2-inch dbh would be required to be provided on site as replacement trees. The applicant conveyed to staff early in the review process that this waiver was being requested since the required replacement trees could not adequately be provided on site. A total of 122 new trees are being provided on site in accordance with the landscape requirements of the LDC. An examination of the landscape plan confirms that there appears to be no additional space remaining on site to provide the requisite replacement trees. Staff is recommending approval of all three waiver requests since the applicant has agreed to provide an upgraded architectural theme to the building that includes a stone veneer around the perimeter of the building. This improvement is above and beyond the architectural requirements of the LDC. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Large-Scale Preliminary/Final Site Plan for Hampton Inn Ocoee, and all three waiver requests subject to the 2 Planning and Zoning Commission Regular Meeting August 12, 2008 satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. DISCUSSION Member West inquired as to why this project was a large scale plan. Senior Planner Howell stated the Code requires that anything over 25,000-feet building area to be presented as a Large-Scale Plan. Member Campbell inquired if the architectural style would limit what else could go near there. Senior Planner Howell stated that is not necessarily the case since there are nationally recognized end-users that have upgraded architectural styles such as Texas Roadhouse. The Public Hearing was opened for Hampton Inn Ocoee - Large-Scale Preliminary/Final Site Plan. J.D. Alsabbagh, Sycamore Engineer, announced to the Board that he agrees with the City and all the waivers. Member McKey inquired if the tree issue could be explained to him again. Senior Planner Howell briefly explained the tree requirements. Mr. Alsabbagh stated they tried to preserve as many trees as possible but they also had to evaluate safety issues such as fire trucks getting in. He further stated they will be providing extensive landscaping. The Public Hearing was closed for Hampton Inn Ocoee - Large-Scale Preliminary/Final Site Plan. Member CamlJbell. seconded bv Member West. moved to recommend approval of the Laroe-Scale Preliminary/Final Site Plan for Hampton Inn Ocoee. and all three waiver reouests subiect to the satisfaction of the outstandina concerns prior to the plans beina presented to the Citv Commission. Motion carried unanimous/v. EAGLE CREEK OF OCOEE - PUD REZONING/LAND USE PLAN Senior Planner Howell gave a brief presentation which included a description of the proposed development and stated the applicant is proposing to rezone the property from R-1AA to Planned Unit Development (PUD) for the purpose of developing a residential community that combines town homes and single-family detached homes in a Traditional Neighborhood Design that cannot be accomplished via the requirements of the LOC. Senior Planner Howell advised the board that the surrounding roadway networks surrounding the proposed development are over capacity and, as a result, the 3 Planning and Zoning Commission Regular Meeting August 12, 2008 development has been determined not to be concurrent. Additional roadway improvements are necessary beyond those proposed by the developer in order to satisfy State mandated traffic concurrency requirements. The additional traffic mitigation roadway improvements identified by the developer include two turn lanes on Ocoee-Apopka Road that include a southbound left turn lane leading east onto Fullers cross Road, and a northbound right turn lane leading east onto Fullers Cross Road. These turn lanes have been estimated to cost $225,000. In addition to the necessary turn lanes, staff believes that the right turn lane at Lakewood Avenue is unnecessary. Since the developer has agreed to dedicate 20-feet of additional right-of-way beyond what is required per the existing 1999 Annexation Agreement, a $50,000 traffic mitigation credit has been proposed by staff. Based on this, it is staff's opinion that the $250,000 traffic concurrency mitigation contribution will help pay for the intersection improvements that will be necessary as a result of the impacts generated by the proposed development at Ocoee-Apopka Road and Fullers Cross Road. Staff has estimated the cost of the total required upgrades to the intersection at $500,000. The proposed upgrades will include left turn lanes on all four legs of the intersection and a traffic signal upgrade. If Eagle Creek does not commence construction within 3 years of the effective date of the Development Agreement, the developer will be required to make a cash contribution to the City in the amount of $250,000 to allow the city to undertake the required improvements. If the project commences construction within 3 years of the effective date of the Oevelopment Agreement, said improvements must be constructed by the developer. The City will contribute up to $250,000 in transportation impact fee credits to the upgrades. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the PUD Rezoning/Land Use Plan for Eagle Creek of Ocoee subject to the satisfaction of the outstanding staff comments, and any changes that were requested in the follow-up meeting to the DRC meeting being incorporated into the PUD Land Use Plan and/or the Oevelopment Agreement prior to the City Commission approval. Tracey Crowe, Land Design Innovations, Inc., stated she is happy to be able to share the design evolution of the project and briefly introduced her team. She further presented a PowerPoint with a 3-D animation of the proposed development. 4 Planning and Zoning Commission Regular Meeting August 12, 2008 Member West inquired if the community was going to be gated. Ms. Crowe stated it is not a gated community. DISCUSSION The Public Hearing was opened for Eagle Creek of Ocoee - PUD Rezoning/Land Use Plan. Member Campbell inquired about the Sewer Refunding Agreement and if there would be a septic system on all the homes. Senior Planner Howell stated they are still working on that with the City Engineer but the development would be on City sewer and not on septic. City Attorney Palmer briefly explained that the Sewer Refunding Agreement would provide for the developer to get reimbursed by future developments that tie into their line, since they are essentially paying for the installation of the line. Member West inquired as to where the sewer line would be coming from. Senior Planner Howell stated the City Engineer would have to answer that question and unfortunately he is not present. Carolyn Seifert, 1744 Crown Point Woods Circle, stated her home is just north of the terrible curve on Ocoee-Apopka Road and over the last eighteen years of living there they have witnessed greater than 12 serious accidents a year. She stated she feels the road will need to be improved before any further traffic is brought to that road. Ocoee High School has a big impact on that road. She stated another problem that they have experienced is a lot of brownouts, which leads her to believe that there is an electrical problem in that area. Ms. Seifert stated she knows this property has come up for development many times and knows that there was an arsenic problem with the land. The Public Hearing was closed for Eagle Creek of Ocoee - PUD Rezoning/Land Use Plan. Member McKey inquired about the arsenic problem. Senior Planner Howell stated the applicant has provided some information from an environmental assessment that says the arsenic will be cleaned up and remediated. Member McKey inquired about the curve in question. Senior Planner Howell stated they can contact the Renaissance Planning Group to provide a report on fatalities and so forth. Member West stated he is hoping that with the widening of West Road and the proposed improvements at the Fullers Cross Intersection it should help with the traffic and help the area. 5 Planning and Zoning Commission Regular Meeting August 12, 2008 Member McKey inquired from Ms. Carla Baker about the arsenic. Carla Baker, Chevron Land and Oevelopment Company, stated they will be cleaning up the arsenic contamination on the site to above State standards and wherever they put a home it will be on clean fill. She briefly explained the history of arsenic contamination in that area which was generated from farmers. Member Campbell inquired if that will be done before the first house goes up. Ms. Baker stated it is done in the first phase when dirt is moved. Chairman Sills stated at one time Ocoee-Apopka Road was proposed for widening and then it was put on the back burner. Planning Director Wagner stated that they have right-of-ways that they have currently acquired from several developers but they have to get little pieces from all developers before they can move forward to go to the County to work up a partnership. Right-of-ways are at least half of the cost of the project so it is huge that they are acquiring bits and pieces now. Member West. seconded bv Member McKey, moved to recommend approval of the PUD Rezonina/Land Use Plan for Eaale Creek of Ocoee subiect to the satisfaction of the outstandina staff comments. and anv chanaes that were reauested in the follow-up meetina to the DRC meetina beina incorporated into the PUD Land Use Plan and/or the Development Aareement prior to the Citv Commission action. Motion carried unanimous/v. 14TH AMENDMENT TO CITY OF OCOEE/ORANGE COUNTY JOINT PLANNING AREA AGREEMENT Principal Planner Rumer gave a brief presentation on the project and stated that staff is proposing an amendment to the City of Ocoee/Orange County Joint Planning Area to expand the existing JPA boundary to include property known as Rose Hill. The JPA with Orange County essentially creates a boundary for further annexations and provides land uses for annexed land. The Rose Hill subdivision is comprised of three phases with 130 acres and has 374 single-family units. The proposed changes are three fold. First, the area of Rose Hill that includes Phases 1-3 are proposed to be added to the JPA. Second, the JPA Future Land Use Map will be revised to provide the designation of "Low Oensity Residential" to the additional lands. Lastly, changes to the text of the JPA Agreement are proposed. The changes to the agreement revise language dealing with annexations, infrastructure, and enclaves. The request for the annexation of Rose Hill subdivision into Ocoee City limits was brought to staff in 2007 by the Phase 3 HOA President and Vice President. STAFF RECOMMENDATION 6 Planning and Zoning Commission Regular Meeting August 12, 2008 Staff respectfully recommends that the Planning and Zoning Commission/Local Planning Agency recommend approval of the proposed 14tti Amendment to the Joint Planning Area Agreement between the City of Ocoee and Orange County providing for amendments to the JPA Boundary by adding in the area known as Rose Hill phases 1-3 and amending the JPA Land Use Map. DISCUSSION Member McKey inquired who would assume the fire protection. Principal Planner Rumer stated under the JPA the fire protection would be under the current Joint Agreement but once they are annexed it would be the City of Ocoee. Member McKey further inquired about sewer and water. Principal Planner Rumer stated this property is not located in the City's sewer/utility boundary so they would not be connecting to City water or sewer. Chairman Sills inquired if some of the homes were on septic. Principal Planner Rumer stated the subdivision has water service from Orange County and some are on septic. Member West inquired what the advantage to Rose Hill and the City is if they annexed since they are not switching them onto City water/sewer. Principal Planner Rumer stated he could not answer on behalf of the City and the issue before them tonight is not to annex but to amend the JPA. The Public Hearing was opened for the 14th Amendment to City of Ocoee/Orange County Joint Planning Area Agreement. Shawn Jensen, 1040 Yellow Rose Drive, stated he is President of the Rose Hill HOA for Phase I and according to the letter they received the discussion at tonight's meeting was to include possible action regarding certain properties of Rose Hill into the Joint Planning Agreement. He further stated he would like for it to be clearly understood that while from a map or Arial view Rose Hill may seem like a single subdivision; they in fact are not a unified group and each phase has their own HOA. Mr. Jensen respectfully announced to the board that Phase I objects to being included in the JPA and are opposed to annexation. They see no value or benefit of the annexation of Phase I into the City of Ocoee. Mr. Jensen presented a petition and further explained objection to being annexed. Bruce Fraser, 957 Yellow Rose Drive, stated he moved into Rose Hill in 1985 and in the 23 years he has lived in Rose Hill he has been satisfied with the service he has received from Orange County and does not see any advantage in coming into Ocoee. He briefly summarized his objection and respectfully requested denial of being annexed into the Ocoee City limits. Nancy Berube, 8937 Rose Hill Drive, stated she had received the letter regarding the JPA and in the very 1st paragraph it mentioned annexation. Ms. Berube 7 Planning and Zoning Commission Regular Meeting August 12, 2008 briefly summarized her objection and stated that she too sees no benefit to becoming part of Ocoee and feels the City should continue with Phase II & III since they have shown interest. Anthony Adams, 9111 Pristine Circle, stated he is HOA President of Phase III of Rose Hill and it was their Phase that sought out the annexation from the City. He briefly summarized his efforts in the possibility of annexing Rose Hill into Ocoee City limits. He stated for over a year they have been passing around information about coming into Ocoee and the majority of the residents do agree. Tim Swope, 9166 Pristine Circle, stated he is the HOA Secretary of Phase III and they put together a volunteer committee who put together a vote and went door-to- door to collect approval for annexation into Ocoee. He briefly stated they did not direct anyone to vote in favor of the annexation. Mr. Swope stated that he feels they would get better service from the City of Ocoee and feels it was a fair process in getting the approval from residents of Phase III. Evelyn Marks, 1016 Red Oandy Orive, stated she lives in Phase II and has lived in her home for 19 years. She further stated she has never heard of any of the reasons as to why Rose Hill would like to annex into Ocoee and she does not know how this move will benefit her. Kevin Gilbert, 9131 Mr. Lincoln Court, stated he is President of Phase II of Rose Hill and he has heard some people say that they have not spoken of annexation before. At their annual meetings they have spoken about the annexation but unfortunately their meetings only consist of 4-5 people. They have sent out packets as well as ballots regarding this issue. He further stated if the residents of Phase II did not answer their mail or door then it is possible they do not know what was going on. Mr. Gilbert stated out of 129 homes they had approximately 87 homes in favor of the annexation and his job as president is to go toward the direction the residents would like to go. Member West stated they are beating a dead horse tonight because all they are doing tonight is approving the amendment to the JPA. Tonight's meeting has nothing to do with annexation at this time. Commissioner Anderson explained to the residents that if they decide to annex they would be in his district. He stated that the only thing that is being presented tonight is putting Rose Hill Phase II and Phase III into the JPA, which does not have anything to do with annexing. He briefly summarized the benefits of being in the City limits versus being in Orange County. 8 Planning and Zoning Commission Regular Meeting August 12, 2008 Jeanne Bellochi, 9126 Queen Elizabeth Court, stated that Phase II & III has worked very hard to try to bring Phase I on board with the annexation. She further stated even though there are three phases she feels they are one community. She would not like to see the subdivision pulled apart over this and feels it's important to be more proactive with the community meetings. The Public Hearing was closed for the 14th Amendment to City of Ocoee/Orange County Joint Planning Area Agreement. Member West, seconded bv Member Dillard, moved to recommend approval of the proposed 14th Amendment to the Joint Plannina Area Aareement between the Citv of Ocoee and Oranae Countv providina for amendments to the JPA Boundarv bv addina in the area known as Rose Hill phases 1-3 and amendina the JPA Land Use Map. Motion carried 4-1 with Member McKey opposina. MISCELLANEOUS - No discussion. ADJOURNMENT The meeting adjourned at 8:47 p.m. APPROVED: elanie Sibbitt, Deputy City Clerk 9